Garden Grove City Zoning Code

CHAPTER 9

12 MULTIFAMILY RESIDENTIAL DEVELOPMENT STANDARDS

§ 9.12.020.010 Purpose.

The purpose of this section is to implement the provisions of the General Plan regarding land use through the establishment of permissible uses and the designation of such uses into compatible zoning districts. Additionally, those uses that are conditionally permissible or permitted for limited time periods are defined.

§ 9.12.020.020 Summary of Zones.

The following zones and their general purposes are established:

Residential Zones. Residential zones are designed and intended to secure for persons living there a safe, healthy, and pleasant living environment, protected from incompatible uses and activities. These residential zones are as follows:

R-2 (Limited Multiple Residential). The R-2 zone is intended to provide for a limited increase in population density by permitting multiple attached or detached dwellings on a lot. This zone is intended to provide a transition between lower density, single-family detached residences and higher-density residential or non-residential uses.

R-3 (Multiple-Family Residential). The R-3 zone is intended to provide for a variety of types and densities of multiple-family residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers.

§ 9.12.020.030 Uses Permitted.

Land, buildings and other facilities shall be designed, developed and used only for those activities listed for the various zones on the following table entitled City of Garden Grove Land Use Matrix. The symbols shown in this table have the following meanings:

Symbol Meaning
P = Automatically permitted use.
I = Incidental use. Use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by a conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.
C = Conditional use. Use eligible for consideration under the conditional use procedures and permitted only if the conditional use permit is approved, subject to the specific conditions of such permit.
* = Use shall be subject to special conditions or specific restrictions as listed in this section.
— = Not a permitted use.

Table 1 City of Garden Grove Land Use Matrix
USES	ZONES
USES	R-2	R-3
Residential
Accessory Buildings and Structures	I*	I*
Agricultural Growing and Produce Stand	P	P
Boarding/Lodging	C	C
Child Day Care Center	C	C
Community Care Facility, Residential 6 Persons or Less 7 Persons or More	P —	P C
Cottage Food Operation	P*	P*
Duplex or Triplex	P*	P*
Family Day Care Home (1—14 Children)	P*	P*
Home Occupations (Disabled)	P*	P*
Intermediate Care Facility	—	C
Limited Multiple Family Dwelling	P	P
Mail Address/Business Tax Certificate	P*	P*
Mobile Home Park	—	P*
Multiple Family Dwelling	P	P
Residential Care Facility for the Elderly (RCFE) 6 Persons or Less 7 Persons or More	P —	P C
Single-Family Dwelling	P	P
Single Room Occupancy (SRO)	—	P
Skilled Nursing Facility	—	C
Small Lot Subdivision	P*	P*
Supportive Housing¹	P	P
Supportive Housing for the Homeless²	P	P
Transitional Housing¹	P	P
Public and Semi-Public
Cemeteries	C	C
Church and Other Religious Centers	C*	C*
Crematory, Mausoleum	CI	CI
Educational Institutions	C*	C*
Group Shelter	—	C
Halfway House	—	C
Public Buildings (Local, County, State or Federal)	C	C
Public Recreational Facilities	P	P
Public Safety Facilities (Fire, Police)	C	C
Public Utility Stations and Equipment Buildings	C	C
Religious School	C*	C*
Recreation, Amusement, Entertainment
Golf Courses (Regulation)	C*	C*
Golf Driving Ranges	C*	C*
Tennis, Swimming Clubs	C	C

1.	Transitional and supportive housing are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use.
2.	Subject to the requirements of subsection B of Section 9.60.070.

(2939 § 3, 2022)

§ 9.12.020.040 General Limitations on Uses.

In addition to any special regulations imposed by this chapter, the following limitations on uses shall be observed:

Residential Zoned Property.

Auto repair, incidental to residential usage, shall only be conducted within an enclosed garage, and only upon vehicles owned by the property owner or resident.

All accessory functions and operations shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes.

Occupancy of any trailer, camper, or other vehicle while stored on any property zoned (or used) for residential purposes is prohibited.

No commercial, industrial, public or semi-public use shall be operated or conducted, in any residential zone, except pursuant to an approved home occupation permit.

§ 9.12.020.050 Special Operating Conditions and Development Standards.

Because certain uses require specific conditions and development standards due to specific site and operating characteristics, special review and consideration is necessary. The conditional uses and other uses requiring special consideration are as follows:

Churches, other religious centers, and other authorized assembly uses in residential zones and open space zones. Subject to a conditional use permit and the following conditions:

The depth of the required front yard for churches, sanctuaries, or main assembly buildings shall be 40 feet when entrances are located in the front of the building; however, when building entrances do not face the front yard, the main structure shall be required to provide only a front yard setback specified in the zone in which the building is located.

The depth of the required front yard for accessory buildings, e.g., permitted school buildings, showers or restroom facilities, etc., shall be only the front yard required in the zone in which they are located, provided said structures have no entrance facing the front yard.

The required front yard for any off-street parking area shall be no less than that required for the zone in which the parking area is located, provided that a solid or decorative masonry wall of 42 inches in height is provided between the parking area and the front yard.

Limitations on lot coverage by buildings need not apply.

Main buildings and structures on the site shall not be closer than 25 feet to any property line that is a common property line with "R" zoned property, except that accessory buildings and structures shall maintain a side yard of 10 feet, with five feet added at ground level for each additional story over the first. Any detached one-family dwelling on such site shall conform to the yard requirements and required distance between buildings as described in the zone in which the dwelling is located.

A solid wall not less than six feet in height shall be constructed and maintained on any property lines adjoining residential property, provided such wall shall not extend into any required front yard, and such walls may be built progressively as the site is improved.

On interior lots, the required side yards may be used to provide off-street parking areas, and, on corner lots, the interior side yard may be similarly used. Under no circumstances may the required side yard on the street side be used for off-street parking. A solid or decorative masonry wall of 42 inches in height shall be provided between the parking area and the required side yard on the side street side.

All lights provided to illuminate any parking area or building on such site shall be so arranged as to direct the light away from any adjoining premises.

The width of the frontage of the building site shall be not less than 120 feet.

Church, religious center, and other authorized assembly use sites shall abut and be accessible from at least one public street with a roadway having not less than two parking lanes and two traffic lanes, and having a combined width of not less than 36 feet. All bounding streets and/or alleys shall be improved to the dimensions indicated on any adopted specified plans therefor, and to the City's specifications pertaining to materials, design and construction. Where no specific plan for street alignment or widths have been adopted and boundary streets or alleys do not conform to prescribed minimum requirements, the plan shall be submitted to the Planning Commission to initiate proceedings and adoption of a specific plan to define boundary streets and alleys that will conform to prescribed minimums.

Parcels zoned and utilized for single-family residential purposes may be improved with churches, religious centers, and other authorized assembly uses, provided the site has frontage on a secondary or primary highway, and shall be devoted exclusively to such purposes.

10.

Requirement(s) of this subsection A may be waived by the Planning Commission upon a finding that the impacts of the project, as proposed, do not justify imposition of the requirement(s).

Cottage Food Operations. Cottage food operations are allowed as an incidental use to a residential use, subject to a cottage food operation permit and the following conditions:

Deemed Incidental Use. Subject to the provisions of this subsection, a cottage food operation for which a valid cottage food operation permit has been issued shall be considered an incidental use to any legally established residential dwelling unit, notwithstanding any other provision of this title. A cottage food operation may only be conducted in a dwelling unit in which the cottage food operator resides and shall at all times be accessory and subordinate to the primary residential use of the dwelling unit.

Cottage Food Operation Permit.

Permit Required. No person shall operate a cottage food operation within the City without a valid cottage food operation permit issued pursuant to this subsection.

Permit Application. A request for a cottage food operation permit shall be submitted in writing by the cottage food operator on an application form prescribed by the Community Development Director, and shall be accompanied by payment of an application processing fee or deposit, in the amount established by City Council resolution, and any additional information the Zoning Administrator reasonably concludes is necessary to properly evaluate the request and to render a decision.

Information Available to Applicant. Upon request by an applicant for a cottage food operation permit, the Community Development Department shall provide the applicant with the following:

A list of the permits and fees that are required by the City, including information about other permits that may be required by other departments in the City or by other public agencies.

ii.

Information about the anticipated length of time for reviewing and processing the application.

iii.

Information on the breakdown of any individual fees charged in connection with the issuance of the cottage food operation permit.

iv.

If a deposit is required to cover the cost of the cottage food operation permit, information about the estimated final cost to the applicant of the cottage food operation permit, and procedures for receiving a refund from the portion of the deposit not used.

The address(es) of any cottage food operation associated with a valid cottage food operation permit(s) previously issued by the City that would cause the applicant to be ineligible for a cottage food operation permit pursuant to the spacing and concentration limits set forth in subsection 3.

Review of Application. All applications for a cottage food operation permit shall be considered by the Zoning Administrator. Upon receipt of an application for a cottage food operation, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than ten days from the date the notice was sent out. A public hearing is not required in connection with the Zoning Administrator's review. The decision of the Zoning Administrator shall be final. The Zoning Administrator shall cause a cottage food operation permit to be issued to the applicant within 30 days of receipt of a complete application unless the Zoning Administrator makes one or more of the following findings:

The applicant has failed to submit a complete application and/or provide all of the information reasonably requested or necessary for the Zoning Administrator to determine whether a cottage food operation permit should be issued.

ii.

The applicant has failed to demonstrate that he or she can or will operate a cottage food operation in accordance with all applicable standards, restrictions, and requirements set forth in subsection 4.

iii.

The cottage food operation is proposed to be located within a dwelling unit that does not satisfy the spacing and concentration limits set forth in subsection 3.

iv.

The cottage food operation is proposed to be located within a dwelling unit owned by someone other than the cottage food operator, and the express written authorization of the owner of the dwelling unit or such owner's authorized agent has not been obtained and provided by the applicant.

Permit Non-Transferable. A cottage food operation permit shall only be issued to a cottage food operator and shall not be transferable to any other person or dwelling unit and shall not run with the land or constitute a transferable property right.

Term of Permit. A cottage food operation permit issued pursuant to this chapter shall continue to be valid for so long as (i) the cottage food operation permit has not been revoked; (ii) the cottage food operator continues to reside at and operate a cottage food operation from the dwelling unit described in the application; (iii) the cottage food operator continues to maintain a valid registration or permit issued by the County of Orange Health Care Agency for the cottage food operation; (iv) the express authorization of each owner of the dwelling unit or such owner's authorized agent, if required, has not been rescinded; and (v) the cottage food operator maintains a current business operation tax certificate from the City. The failure of a cottage food operator to renew or obtain a new business operation tax certificate for the cottage food operation within 90 days of its expiration shall be deemed intent to abandon the cottage food operation permit and shall cause the cottage food operation permit to automatically expire.

Permit Limitations. Issuance by the City of a cottage food operation permit shall not be deemed to supersede, or to authorize the conduct of, a cottage food operation in violation of (i) any applicable federal, state, or local law; (ii) any registration or permit issued to the cottage food operator by the County of Orange Health Care Agency; or (iii) any lease, rental agreement, and/or recorded covenants, conditions, and/or restrictions applicable to the property on which the cottage food operation is located.

Revocation of Permit. The Zoning Administrator, after giving notice to the cottage food operator at the address of the cottage food operation identified in the application and giving a reasonable opportunity for hearing, may revoke any cottage food operation permit pursuant to the provisions of this chapter upon a determination that the provisions of this chapter are being violated or that no cottage food operation is currently being conducted within the dwelling unit. The Zoning Administrator, or his or her designee, may, at any time, request in writing a cottage food operator previously issued a cottage food operation permit to verify and/or provide documentation demonstrating that a cottage food operation continues to be conducted at the dwelling unit associated with the cottage food operation permit in compliance with the provisions of this chapter. Failure to provide such verification and/or documentation within 15 days of the date of such request shall constitute evidence of the cottage food operator's intent to discontinue the rights granted by the cottage food operation permit. The decision of the Zoning Administrator to revoke a cottage food operation permit shall be final.

Spacing and Concentration Limits. In order to mitigate potential adverse impacts on neighboring residences associated with noise, traffic, and parking, no cottage food operation permit shall be issued for a cottage food operation proposed to be conducted within a dwelling unit on a lot located within 500 feet of another lot on which a lawful cottage food operation is located and at which customer visitation and in-person direct sales transactions are authorized. The foregoing spacing limitation shall not apply if the applicant for a cottage food operation permit certifies and agrees in writing, under penalty of perjury, that no customer visitation or in-person direct sales transactions shall be authorized to occur at the dwelling unit.

Standards, Restrictions, and Requirements Applicable to All Cottage Food Operations. All cottage food operations shall comply at all times with the standards, restrictions and requirements set forth in this subsection.

Property Owner Permission Required. If the dwelling unit in which the cottage food operation is conducted is owned by someone other than the cottage food operator, the express written authorization of each owner of the dwelling unit or such owner's authorized agent is required.

Business Operation Tax Certificate. The cottage food operator shall obtain and maintain a valid business operation tax certificate from the City for the cottage food operation.

Compliance with Applicable Laws. The cottage food operation shall comply with all applicable food preparation, packaging, and/or labeling, operational, and other requirements set forth in the California Health and Safety Code and/or other federal, state or local statutes, ordinances, or regulations.

Gross Annual Sales. The cottage food operation shall comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758, as it may be amended from time to time.

County Registration or Permit. The cottage food operator shall not conduct the cottage food operation at the dwelling unit without a valid registration or permit issued to the cottage food operator by the County of Orange Health Care Agency in accordance with California Health and Safety Code Section 114365. A copy of such registration or permit shall be provided to the Zoning Administrator in conjunction with a request for a cottage food operation permit or within 15 days of initial issuance of such registration or permit, whichever is later. If such registration or permit is subsequently renewed or modified by the County of Orange Health Care Agency, the cottage food operator shall provide a copy of such renewed or modified registration or permit to the Community Development Department and the Business Tax Department within 15 days of such renewal or modification. The cottage food operator shall comply with all terms and conditions of such registration or permit for so long as the cottage food operation is being conducted from the dwelling unit.

Alteration of Unit Appearance Prohibited. There shall be no change or alteration of the outside appearance of the dwelling unit or premises in conjunction with the conduct of the cottage food operation. No additional exterior signage beyond that otherwise authorized pursuant to Chapter 9.20 of the Garden Grove Municipal Code is permitted.

Cottage Food Operation Activities and Storage. All activities associated with the cottage food operation shall be conducted wholly within a fully enclosed building. No garage, carport or other required parking area shall be used for the conduct of the cottage food operation. Storage of all ingredients, equipment, and cottage food products associated with the cottage food operation shall be confined to the registered or permitted area. All preparation, packaging, display, or handling of cottage food products and related ingredients and equipment shall be confined to the kitchen of the dwelling unit. All activities associated with the cottage food operation shall conform to the noise control standards for residential uses set forth in Chapter 8.47 of the Garden Grove Municipal Code, and noise, odor, smoke, vibration, and other similar intrusions from the cottage food operation shall not affect neighboring dwelling units.

On-Site Sales and Consumption of Cottage Food Products. Direct sales of cottage food products to customers from the dwelling unit shall be by prior appointment between the hours of 9:00 a.m. and 5:00 p.m. only. On-site dining or consumption of cottage food products by customers of the cottage food operation is prohibited.

Deliveries. Commercial deliveries to or from the dwelling unit associated with the cottage food operation shall be limited to no more than one per day, between the hours of 9:00 a.m. and 5:00 p.m. Except for vehicles associated with mail or package delivery services, neither deliveries of materials to the cottage food operation, nor deliveries of cottage food products from the cottage food operation, shall involve the use of commercial vehicles, as defined in Section 9.04.060.

Traffic and Parking. The cottage food operation shall not attract or generate pedestrian or vehicular traffic or parking needs beyond that which is considered normal for the zoning district or neighborhood in which it is located. The cottage food operation shall be subject to all parking standards and restrictions applicable to residential uses within the zoning district in which the cottage food operation is located.

Employees. In accordance with California Health and Safety Code Section 113758, only the cottage food operator, immediate family or household members of the cottage food operator, and no more than one full-time equivalent employee other an immediate family or household member of the cottage food operator shall participate in the conduct of the cottage food operation. No more than one full or part-time employee or independent contractor other than immediate family or other household members who reside at the dwelling unit may be engaged in work at the dwelling unit related to the cottage food operation at any one time.

Solid Waste Removal. Refuse containers of sufficient number and size shall be available for the necessary storage and disposal of solid waste and/or recyclable materials generated by the cottage food operation, and all refuse containers shall be emptied and solid waste and recyclable materials removed at a frequency sufficient to satisfy public health and safety needs and avoid the creation of a public nuisance. The cottage food operator shall be responsible for arranging for more or larger refuse containers and/or more frequent removal if necessitated by the cottage food operation.

Duplex and Triplex. Subject to conditions as outlined in Section 9.12.040.040, Special Requirements - Duplex and Triplex.

Educational Institutions. To be located on a minimum site area of one acre, whether in combination with another use or as the sole use of the property.

Family Day Care Home (1—14 children). Subject to the requirements of the State of California.

Foster Home. Subject to the following condition: total number of foster children and members of the family under 18 years of age shall not exceed six.

Garage Sales. Subject to the following conditions:

Garage sales are limited to four days in any one calendar year.

No off-site signs permitted.

Items for sale may only be those items used at the residence.

Golf Courses (regulation). Subject to the following condition: all accessory commercial uses, except a pro shop, shall be established in a commercial zone in accordance with this code.

Golf Driving Ranges, Outdoor. Subject to the following conditions:

Hours of operation shall be from no earlier than 7:00 a.m. to no later than 10:00 p.m.

All lighting shall be directed away from abutting properties.

Home Occupations for the Disabled. Subject to the following conditions:

Any person requesting a home occupation shall have his or her disability certified by one of the following agencies:

California State Department of Rehabilitation, Division of Vocational Rehabilitation;

Veterans Administration;

County of Orange Office of Veterans Affairs.

Each request to the hearing body shall be accompanied by the description of the proposed use. Such description shall be submitted to a board of review consisting of representatives from the Fire Department and planning staff. Said board of review shall evaluate each proposed use and submit their recommendations to the hearing body, whose decisions shall be final.

The home occupation shall not alter the appearance of the dwelling unit.

All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration, or other similar causes.

Storage shall be limited to accessory storage of commodities manufactured, processed or sold at retail on the premises. Storage shall be permitted only in a wholly enclosed building. All home occupation activities shall be conducted wholly within a fully enclosed building. No garage, carport or other required parking area shall be used for the conduct of the home occupation or for storage of equipment, materials or merchandise of the home occupation.

No signs advertising the type of business or products manufactured shall be displayed on the premises.

No additional persons except immediate members of the disabled person's family living on the premises shall participate in the home occupation.

The home occupation permit is not transferable.

Permission to conduct a home occupation may be revoked by the hearing body if there is substantial evidence indicating that the provisions of this section are being violated.

Mail Address/Business Operations Tax Certificate. A property zoned residential, or used for residential purposes, may be used as the mailing address for a commercial, industrial, public, or semi-public use, provided that none of the following activities shall take place on the residential property:

Display of merchandise, equipment, or supplies or items manufactured, sold, or used by any commercial, industrial, public or semi-public use;

Storage of materials, supplies, stock, equipment, machinery, or vehicles used in the operations or conduct of the commercial, industrial, public or semi-public use. The sole exception is equipment that is customarily used for housekeeping purposes;

Sale of any commodities, stock, supplies, equipment, machinery, or services of the commercial, industrial, public or semi-public use;

Providing or rendering of any service;

Providing, dispatching, or delivering any business, office or professional equipment, machinery or apparatus at, or from, the residential premises;

Dispatching of employees or independent contractors at, or from, the residential premises.

Racing Pigeons.

A conditional use permit (including a site plan) is required if more than 10 racing pigeons are proposed to be kept on the premises.

The maximum number of racing pigeons permitted on any premises shall be 100. The conditional use permit shall specify the maximum number of racing pigeons allowed.

No such pen, coop, pigeon house, loft or other structure that housed more than 10 racing pigeons shall be kept or maintained within 15 feet of any of the subject property lines and within 30 feet of any adjoining dwelling units.

Racing pigeons shall be flown for exercise or training in a manner that results in their flying a substantial distance from the immediate area of the loft, rather than continuously or repeatedly flying over the properties adjacent to the loft location.

At no time shall racing pigeons be allowed to perch or linger on the buildings or property of others.

All spilled or excess feed in or around the loft shall be promptly removed and disposed of.

All racing pigeons shall be banded for the purpose of identification.

The applicant shall obtain any health permits required by the county prior to approval of the conditional use permit.

The owner of said racing pigeons shall be a member of the California State Racing Organization or the American Racing Pigeon Union, Inc. with annual registration by licensee of the individual birds. Written proof of such registration shall be submitted with each application, and shall be provided annually thereafter to the City.

10.

All racing pigeons shall be fed and kept in an enclosed pen, coop, pigeon house, loft or other structure.

11.

Said pen, coop, pigeon house, loft or other structure shall be kept or maintained at all times in a sanitary condition and in compliance with all health regulations of the Orange County Health Care Agency (HCA).

12.

All feed for racing pigeons shall be stored in containers that secure protection against rodents, insects, birds and other animals.

13.

All pigeon droppings and food scraps shall be removed from the premises daily and be disposed of in a sanitary manner.

14.

Not more than 25 racing pigeons shall be released at any one time for liberation, exercise or training of any bird and no bird shall be released more than once in any 24-hour period.

15.

A fee shall be charged annually for each pigeon loft permit. A fee schedule shall be established by the City Council under a separate resolution.

16.

No racing pigeon business or breeding activities for sales shall be conducted on or from the premises.

Small Lot Subdivisions. Subject to conditions as outlined in Section 9.12.040.060, Small Lot Subdivisions.

(2836 § 6, 2014; 2967, 8/12/2025)

§ 9.12.020.060 Temporary Uses.

Purpose. The purpose of this section is to control and regulate land use activities of a temporary nature. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences, businesses and land owners and to minimize any adverse effects on surrounding properties and to the environment.

Authority. The City Manager, or his or her designee, shall be the review authority for approving or denying a temporary use. The City Manager may establish conditions and limitations for temporary uses including, but not limited to, hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary site improvements and other measures necessary to minimize potential detrimental effects on surrounding properties. Appeals to the decision of the City Manager, or his or her designee, shall be heard by the Planning Commission.

Temporary Structures. The following temporary structures shall be permitted subject to the conditions stated in this section and any other additional conditions as may be prescribed by the appropriate permit.

Trailer Coaches, Mobile Homes and Modular Structures. The temporary use of trailers, mobile homes and/or modular structures may be permitted only when permanent facilities are being constructed or remodeled in accordance with applicable codes. Such structures may remain on the property only with the possession of a valid building permit for the permanent facilities. All temporary office or residential structures shall be removed prior to the occupancy of the permanent facilities or as required by the site plan.

Temporary Construction Buildings. Temporary structures for the storage of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained for the duration of construction. Such structures may remain on the property only with the possession of a valid building permit for the permanent facilities. All temporary office or construction buildings shall be removed prior to the occupancy of the permanent facilities or as required by the site plan.

Temporary Real Estate Office. One temporary real estate office may be located within the boundaries of any recorded residential tract within the City, provided that the office shall be removed prior to the occupancy of the final structure or as conditioned by the site plan.

Holiday Lot Sales. Christmas tree sales, fireworks sales, pumpkin sales and other similar holiday lot sales may be permitted to operate, subject to the following conditions:

Holiday lot sales will be permitted only upon application at least 10 calendar days in advance of the proposed establishment or initiation date of the event under consideration. The application shall include a site plan for the entire property to be used for the sales and shall indicate the following:

Provision of adequate parking facilities, including vehicular ingress and egress;

Provision of adequate pedestrian, including disabled, access;

Provision for lighting;

Provision for sanitary and medical facilities as may be necessary;

Days and hours of operation;

Location, type and size of all temporary signage for the event; and

Provision for security and safety measures.

Holiday lot sales are restricted to a duration of 30 consecutive days prior to, and including the holiday. No sales are permitted after the holiday.

Neighborhood Events. Bazaars, bake sales, block parties, rummage sales and other similar temporary events held outside of a wholly enclosed building may be permitted to operate subject to the approval of a neighborhood event permit. Neighborhood event permits shall be subject to the following conditions:

Uses will be permitted only upon application at least 10 calendar days in advance of the proposed establishment or initiation date of the use or event under consideration.

The event shall occur on the applicant's property, with the exception of block parties that may occur in the public right-of-way adjacent to the applicant's property.

The applicant shall be a nonprofit organization, with the exception of block parties for which a permit may be granted to an individual.

These events shall be restricted to residential and open space zones only.

Block parties may be permitted for a period not to exceed four days per year.

All other neighborhood events may be permitted for a period not to exceed 10 days per year.

Conditions may be applied to the permit, including days or hours of operation, restrictions on signage, off-street parking, lighting, fire and safety restrictions, or any other conditions that may be necessary to prevent conflict with surrounding land uses or other provisions of the Garden Grove Municipal Code.

Community Events. Carnivals, rodeos, public assembly tents, street closures for parades, revivals and similar types of events may be permitted to operate, subject to the following conditions:

Community events will be permitted only upon application at least 30 calendar days in advance of the proposed establishment or initiation date of the use or event under consideration. The application shall include a site plan for the entire property to be used for the event. The plan shall indicate the following:

Provision of adequate parking facilities, including vehicular ingress and egress;

Provision of adequate pedestrian, including disabled, access;

Provision for lighting;

Provision for sanitary and medical facilities;

Days and hours of operation;

Location, type and size of all temporary signage for the event; and

Provision for security and safety measures.

Uses may be permitted for a period not to exceed 45 days per year.

Conditions may be imposed regulating days or hours of operation, restrictions on signage, off-street parking, lighting, fire and safety restrictions, or any other conditions that may be necessary to prevent conflict with surrounding land uses or other provisions of the Garden Grove Municipal Code.

Waste Reduction and Recycling. Any event expected to attract more than 2,000 persons, on average, per day of operation, which generates solid waste, such as, but not limited to, paper, beverage containers or food, shall develop a waste reduction and recycling strategy as part of the permit application. The waste reduction and recycling strategy shall include an estimate of the amount and types of waste anticipated from the event, the proposed actions to reduce the amount of waste generation related to the event, and arrangements for separation, collection and diversion from landfills of reusable and recyclable materials.

Special Events Sales Permit. Sidewalk sales, parking lot sales, and other similar temporary events held outside of a wholly enclosed building may be permitted to operate subject to the approval of a special event sales permit.

Special event sales will be permitted only upon application at least five calendar days in advance of the proposed establishment or initiation date of the use or event under consideration. The application shall include a site plan for the entire property to be used for the event. The site plan shall indicate the following:

Provision of adequate parking facilities, including vehicular ingress and egress;

Provision of adequate pedestrian, including disabled, access;

Provision for lighting;

Days and hours of operation;

Location, type and size of all temporary signage for the event; and

Provision for security and safety measures.

The event shall take place on the applicant's business premises and shall be restricted to nonresidential zones.

A maximum of eight days per calendar year shall be allowed per business address. Shopping center associations shall be allowed an additional six days per calendar year. For shopping center events, applications shall be signed by the property owner or their authorized agent.

Individual businesses may display merchandise on the sidewalk directly adjacent to the business's exterior storefront. The display shall not impede pedestrian circulation on sidewalks.

All merchandise, materials, signs and debris shall be removed from the outdoor areas by 10:00 a.m. of the day following the closure of the event, unless extended by the City Manager or designee.

§ 9.12.020.070 Outdoor Sales of Goods and Merchandise.

Vehicular Vending.

Goods, food or merchandise may be sold or offered for sale from any vehicle that is parked, stopped or standing upon commercially or industrially zoned properties, or on any site where construction is occurring.

It is unlawful for any person to sell or offer for sale any goods, food or merchandise from any vehicle that is either parked, stopped or standing upon:

Any public street, alley, parkway, sidewalk or other public property; or

Any property zoned or used for residential purposes, except where construction is occurring; or

Any property zoned or used for public or private schools; or

Any property zoned or used for parks.

Nonvehicular Vending—Short-Term—All Zones. No person shall vend, or offer for sale, any food, goods, wares or merchandise outside of a building upon private property, public property, or public or private sidewalks or streets, except in conjunction with an approved community event permit, special event permit or temporary event permit.

§ 9.12.030.010 Purpose.

The purpose of special use districts is to secure a fuller realization of the General Plan than that which would result from the application of present zone district regulations, to establish districts used as overlay zones in conjunction with a base zone, and to establish regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other land uses.

§ 9.12.030.020 Planned Unit Development.

Purpose. A planned unit development (PUD) is a precise plan, adopted by ordinance, that provides the means for the regulation of buildings, structures and uses of land in order to facilitate the implementation of the General Plan. The regulations of the planned unit development are intended to provide for a diversity of uses, relationships and open spaces in an innovative land plan and design, while ensuring compliance with the provisions of the Municipal Code.

Development Standards. The planned unit development is governed by zoning regulations that are contained within the ordinance that ultimately adopts the planned unit development and the base zone.

"Base zone," as used herein, shall mean the zoning district for the land contained within the planned unit development.

Except as otherwise provided by the ordinance approving the planned unit development, all use and development standards of the base zone shall continue to apply to the planned unit development. In the event of any conflict between the planned unit development ordinance and the base zone, the provisions of the planned unit development shall prevail.

Standards of development applicable to the PUD shall be clearly designated on the planned unit development plan and contained in supplementary text material.

Any increase in the number of dwelling units beyond that which would be permitted under the regulations of the base zone shall be limited. Limitation is predicated on the perceived compensation of quality and distinction of various elements of the architecture and the site plan, including:

The character and scope of the provision for both undeveloped and developed common open spaces;

The reduction through efficient design of the total acreage needed for adequate vehicular circulation;

Dedications for public use, if any, excluding public streets;

The general excellence of design as a whole, including provisions for landscaping, the treatment of pedestrian ways and areas for recreational use, optimum relation to topography and other natural features, and a variety of building forms and locations.

If a planned unit development is silent regarding operating conditions, maintenance or other standards regulating a particular use, then the standards of Title 9 regulating the same land use category shall prevail.

Limitations on the Planned Unit Development. The planned unit development is intended to be applied only to those areas that are large enough to allow for overall planning and design in sufficient detail to achieve greater values and amenities than those achieved by less flexible provisions regulating the successive development of individual lots by numerous different owners. Limitations on use are as follows:

Flexibility is provided where land may be designed and developed as a unit by taking advantage of site planning techniques that produce an environment that is compatible with existing or potential development of the surrounding neighborhood.

Planned unit development procedures shall apply only to those individual sites having a net area of five acres or more for commercial or industrial development and one acre for residential developments. If the project is mixed use development with residential, commercial, office or industrial, then the five acre minimum site area shall apply.

The proposed development shall be in conformity with all elements of the General Plan, and any other ordinances of the City.

Conformity to related ordinances of the City is required where subdivision into individual lots or the dedication of any streets is involved. Any such procedures shall be processed concurrently with PUD ordinance procedures.

Any violation of any planned unit development regulation shall be a misdemeanor penalized pursuant to Sections 1.04.010 and 9.32.020 of this code.

Preliminary Application Procedures. Before filing any application for a planned unit development, the prospective applicant shall submit to the Planning staff preliminary plans and sketches and basic site information for consideration and advice regarding the relation of the proposal to general developmental objectives for the area.

The purpose of the pre-application conference is to consider the relation of the proposed project to the applicable Planning Commission and City Council policies.

Application Requirements. Every application for a planned unit development shall be accompanied by a formal development plan as required by the City Manager or designee.

Findings Required for Approval. Approval of the proposal for a PUD shall not be recommended by the Planning Commission unless it finds that the PUD is in full conformance with the following conditions:

That the location, design and proposed uses are compatible with the character of existing development in the vicinity and will be well integrated into its setting;

That the plan will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding or access streets;

That the provision is made for both public and private open spaces;

That provision is made for the protection and maintenance of private areas reserved for common use;

That the quality of the project achieved through the planned unit development zoning is greater than could be achieved through traditional zoning.

Adoption of Planned Unit Development. Applications for a PUD shall be considered amendments to this code, and guarantees, in a form satisfactory to the City Attorney, shall be required from the applicants to ensure the accomplishment of any public improvements.

After adoption of the PUD, a final development plan shall be prepared prior to issuance of any building permit. The final development plan shall conform to the ordinance adopting the PUD and shall show conformance to the features, conditions and characteristics upon which the approval was dedicated. A formal site plan application shall be filed to be approved by the Planning Commission unless specific building plans are approved with the PUD application.

After adoption of the PUD, prior to the issuance of any building permit, a final subdivision map or parcel map shall be recorded (if applicable).

The final plan shall be recorded and noted on the Zoning Map.

Prior to the issuance of building permits, the applicant shall submit a draft of covenants, conditions and restrictions to the City Attorney, that apply to the subject development and shall be recorded with the County Recorder by the applicant along with the conditions of approval and map of the PUD.

Revisions. A revision to any PUD may be applied for to permit a change in any of the conditions of approval, a change in the standards of development and any partial change in the land use concept or placement and type of buildings. The following procedure shall be used to revise a PUD:

A property owner whose property is subject to an existing PUD may apply for a PUD revision. All other property owners within the PUD will receive all documentation pertinent to the case prior to the public hearing. Advertising and notification of the case shall be provided as required by this title.

Any PUD revision shall require the adoption of an ordinance by the City Council and the recording of a notice of revised PUD regulations. The revised regulations shall include the legal description of the property affected by the revision as well as any conditions of approval that are a part of the revision.

Revocation of PUD. The Planning Commission or the City Council may initiate proceedings to reclassify the area included in an adopted PUD to such zone as is deemed appropriate under the following conditions:

If no development has occurred within 12 months after adoption of the PUD; or

Upon expiration of any extension of time for starting development granted by the Planning Commission, whichever is the later date; or

For the public health, safety and welfare.

(2939 § 3, 2022)

§ 9.12.030.030 Conversion of Multiple-Family Residential Units.

Purpose. The purpose of this section shall be to establish criteria for regulation of the conversion of existing multiple residential rental units and divisions of land that accommodate any conversion of rental units to ownership units.

The intent of this section with respect to conversion projects shall be to:

Provide opportunities for individual ownership of individual housing units;

Increase the opportunities for qualifying low- and moderate-income households to acquire and reside in ownership housing;

Assist the City to meet its stated commitment to low- and moderate-income housing goals as set forth in the City of Garden Grove Consolidated Plan, Implementation Plan and the Housing Element of the General Plan;

Reduce the impact of conversion on residents in rental housing who may be required to relocate;

Ensure that purchasers of converted housing have been properly informed as to the conditions of the unit;

Ensure that converted housing achieves high quality appearance and safety and is consistent with the goals and objectives of the General Plan and applicable building codes.

General Provisions. The following provisions shall apply to all conversion projects:

Every new condominium conversion project shall consist of a minimum of 10 units;

Exception to Conversion. The project creating a condominium, stock cooperative, or townhouse and involving only one existing dwelling unit shall not be considered a conversion.

Minimum Conditions and Requirements. The following conditions and requirements must exist at the date of application for conversion of real units to condominium, stock cooperative, community apartment ownership units or townhouses. All buildings must be in compliance with:

The minimum standards of the most recently adopted Uniform Codes of the State of California, as amended by the City;

The General Plan of the City or are legally nonconforming to the General Plan;

The Zoning Ordinance or are legally nonconforming, with the requirement that every condominium conversion project shall conform to the parking requirements of this title;

The Subdivision Ordinance of the City and the Subdivision Map Act of the State of California;

The California Fire Code, as amended by the City of Garden Grove.

Development Standards. The following minimum standards shall apply to all conversion projects:

Unit Size. The enclosed living or habitable area shall not be less than that which was applicable under the ordinance the project was developed under. The Planning Commission may approve a reduction in the required minimum unit size provided that the project amenities compensate for the reduced habitable area. Compensating amenities may include, but are not limited to the following:

Private enclosed space;

Enclosed developed facilities within the common areas;

Covenants, conditions and restrictions restricting density;

Compatibility of the density of the total project in relation to the project's amenities and surrounding neighborhood;

Utility Metering.

The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit and for each plumbing fixture. Each unit shall have access to its own meter(s) and heater(s) and air conditioning units that shall not require entry through another unit. This requirement shall not be construed to restrict use of solar space or water heaters.

Each unit shall have its own panel for all electrical circuits that serve the unit or shall have access to such a panel;

Condition of Equipment and Appliances.

The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that each dishwasher, garbage disposal, stove, refrigerator, hot water tank and air conditioner are new and in good working condition as of the close of escrow.

At such time as the cooperative or homeowners association of the maintenance organization takes over management of the development, the applicant shall provide written certification to the association that all pool and pool equipment and all appliances and mechanical equipment to be owned in common by the association are in good working condition.

The applicant shall establish a replacement reserve fund equal to 10% of the estimated replacement value of all association owned appurtenant equipment and appliances. Such estimated replacement value shall be included in the physical elements report and be utilized as the basis for computing the replacement reserve fund. At the time of activation of the association, the replacement reserve established shall be given by the applicant to the association. The association or the applicant shall submit written receipt of this action to the City;

Underground Utilities. The applicant shall waive the right, through deed restriction, to protest the formation of an underground utility district. Overhead utility distribution lines within the boundaries of the project shall be fully converted to underground;

Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas, refuse storage areas, irrigation systems, storm drainage facilities, appurtenances and related items, as required by the City Manager or designee and the building official, shall be codified, replaced or refurbished and restored as necessary to achieve high quality appearance and to protect the health, safety and public welfare of future site occupants and adjacent properties. Normal building permit requirements and procedures shall be required where applicable.

Improvement elements shall include, but not be limited to:

Repainting;

ii.

Replastering, stuccoing or additional architectural treatment;

iii.

Replacement of landscaping, walls, fences or accessory structures;

iv.

Replacement or resurfacing of driveways and parking areas;

Drainage plan;

vi.

Addition of improvements to meet minimum conditions and standards, including, but not limited to, replacement of fixtures and appliances;

vii.

Others as deemed necessary by the City Manager or designee, the building official and the Planning Commission.

As a condition of approval, the applicant must demonstrate that all applicable provisions of the City's Housing, Building and Zoning codes have been met, and that all violations of such codes have been satisfactorily corrected or, upon the approval of the City Manager or the designee, and prior to recordation of the final map, the funds have been adequately escrowed to assure completion of such corrective work prior to the closing of escrow of any unit in the project.

Useful Life. Any physical element identified in the physical elements report described herein having a useful life less than three years, as determined by the building official, shall be replaced, except for equipment and appliances that are covered in this title.

Application Procedures. An application for a cooperative, condominium or community apartment conversion project must include the following to be accepted for processing:

A site plan for the project;

A tentative map for subdivision purposes;

The number of existing dwelling unit(s) shall be determined on the date of application for the permit. If the project calls for destruction of the structures housing the dwelling unit(s), those units shall not be counted as existing unit(s);

A physical elements report that shall include, but not be limited to:

A report prepared, at applicant's expense, by the building official or his or her designee, detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion: roofs; foundations; exterior paint; paved surfaces; mechanical systems; electrical systems; plumbing systems, including sewage systems, swimming pools, sprinkler systems for landscaping; utility delivery systems; central or community heating and air conditioning systems; fire protection systems, including automatic sprinkler systems; alarm systems, or standpipe systems; and structural elements;

A replacement cost estimate shall be provided for any element whose useful life is less than five years. Estimate for equipment, structures and appurtenances to be deeded to the association as defined herein shall be required;

A structural pest control report prepared specifically for the conversion application. A licensed structural pest control operator shall prepare such report;

A building history report including: the date of construction of all existing physical elements of the project; a statement of the major uses of the project since construction; the date and description of each major repair or renovation of any structure or structural element since the date of construction for which an expenditure of more than $1,000.00 was made or for which a building permit was issued; a statement regarding current title holders and lien holders of all land and improvements.

A copy of the proposed covenants, conditions and restrictions that would be applied on behalf of any and all owners of condominium units within the project shall be submitted to the staff. With regard to stock cooperatives, this submission shall consist of a summary or proposed management, occupancy and maintenance policies.

Specific information concerning the characteristics of the project including, but not limited to the following:

Square footage and number of rooms in each unit;

Rental rate history for each type of unit for previous two years;

Monthly vacancy rate for each month during preceding two years;

Survey of makeup of existing tenant households, including family size, length of residence, age of tenants and whether receiving federal or state rent subsidies, welfare or other public assistance payments;

Proposed sale price of unit;

Proposed initial homeowners association fee, financing available;

Names and addresses of all current tenants;

When the applicant can demonstrate that such information is not available, these requirements may be modified by the City Manager or designee.

On a form prepared by the City Attorney, the applicant shall certify in writing that he or she has not engaged in coercive or retaliatory action regarding the tenants after the submittal the first application for City review through the date of approval. Coercive or retaliatory actions include:

Rent increases at a rate greater than the rate of increase in the Consumer Price Index (all items, Anaheim—Garden Grove—Santa Ana SMSA), unless provided for in leases or contracts in existence prior to the submittal of the first application for city review; or

Any other action by applicant that is taken against tenants to coerce them to refrain from opposing the project. An agreement with tenants that provides for benefits to the tenants after the approval shall not be considered a coercive retaliatory action.

Any other information that, in the opinion of the City Manager or designee, building official or City Engineer, will assist in determining whether the proposed project will be consistent with the purposes of this section.

Preliminary Notice of Intent. Within 21 days of the acceptance of a proposed conversion application, the applicant shall submit evidence that a certified letter of notification of intent to convert was sent to each tenant. The notification shall be sent to each tenant within 10 days following the acceptance of a project for processing and shall be delivered certified mail.

The notice of intent shall include:

Name and address of current owner;

Name and address of applicant/subdivider;

Tentative schedule of hearing dates before Planning Commission;

Other data as required by the City Manager or designee.

Required Findings. The Planning Commission's approval of an application for conversion requires that:

All provisions of the purpose and intent of this chapter are individually and affirmatively addressed, and a determination is made that the project will not be detrimental to the health, safety and general welfare of the community;

Vacancies in the project have not been increased for the purpose of preparing the project for conversion. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding two years and the average monthly vacancy rate for the project over the proceeding one year shall be considered.

Tenant Provisions.

Official Notice of Intent. The applicant shall deliver an official notice of intent to convert each tenant's dwelling unit within 30 days of approval by the Planning Commission. Evidence of delivery shall be submitted to the City Manager or designee. The form of the notice shall be as provided by the Community Development Department and shall contain not less than the following:

Name and address of current owner;

Name and address of the proposed subdivider;

Approximate date on which the tentative map will be or was approved;

Approximate date on which the final map is to be filed;

Approximate date on which the unit is to be vacated by nonpurchasing tenants;

Tenant's right to purchase;

Tenant's right of notification to vacate;

Tenant's right of termination of lease;

Statement of limitations on rent increase;

Provision for special cases;

Provision of moving expenses;

Provision of relocation assistance;

A current edition of "Relocation Services for Homeowners and Tenants";

Other information as may be deemed necessary by the City Manager or designee.

Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d) any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied a minimum of 90 days from the date of issuance of the subdivision public report, or commencement of sales, whichever date is later.

Vacation of Units. Each nonpurchasing tenant, not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit, shall have not less than 180 days from the date of receipt of notification from the applicant of his or her intent to convert or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate with assistance from the applicant. All rental deposits paid by the renter shall be returned.

Increase in Rents. From the date of approval of the tentative subdivision map until the date of conversion, no tenant's rent shall be increased more frequently than once every six months, or at a rate greater than the rate of increase in the Consumer Price Index (all items, Anaheim—Santa Ana—Garden Grove SMSA), on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map.

Relocation Services and Moving Expenses Required. The applicant shall provide relocation counseling and financial assistance at a rate that shall be set forth in a resolution of the City Council from time to time.

Procedure to Ensure Relocation Assistance. A bond, surety, cash deposit or other method approved by the City Manager or designee in the full amount of the relocation assistance for all units in the development as approved by the City Attorney shall be provided to the City by the developer to ensure that the provisions for tenant assistance are complied with. Such bond, surety, cash deposit or other method approved by the City Manager or designee shall be returned to the developer upon written verification that all tenants have received the appropriate amount of financial assistance. The bond, surety, cash deposit or other method approved by the City Manager or designee shall be provided to the City prior to release of the final tract map.

Notice to New Tenants. After submittal of the application to convert, any prospective new tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of this section.

§ 9.12.030.040 Transportation Corridor Overlay Zone (T-C).

Purpose. The purpose of the Transportation Corridor Zone is to regulate transportation and other land uses in the transit corridor. It further is the purpose of the zone to establish procedures that will allow the City to plan for and respond to proposals for development of transportation and non-transportation uses within the corridor. The development of non-transportation uses on the corridor will be permitted in accordance with guidelines that allow the City to maintain the opportunity for the development of a future potential transit use.

Intent. The intent of the City in placing the zone on the transit corridor and adjacent related properties is to:

Allow for development of the transit corridor and surrounding properties in order to enhance opportunities for the future use of the corridor for a transit facility;

Magnify and focus the intent of the General Plan of the City with respect to development on the transit corridor;

Protect and enhance surrounding uses by planning for and regulating land uses and development proposals on the corridor;

Allow for the development of transportation uses on the corridor;

Allow for the development of non-transportation uses on the corridor, subject to detailed environmental review and further subject to provisions that ensure that the proposed use will not preclude the development of a future transit use;

Retain flexibility to accommodate intermodal transit alternatives, without affecting the long-term development of the Community Center, Brookhurst/Chapman, or other development or redevelopment areas bordering the transit corridor;

Plan for mitigating environmental impacts of corridor development for transit purposes and other land uses.

Permitted Transportation or Transportation Related Uses. The following uses are permitted, subject to site plan review procedures of the City:

Transit transportation uses of an intermodal nature for intercity and/or intracity transport;

Transit and intermodal facilities, such as stations, parking structures, bus stops, transport vehicle storage and related public use facilities, when part of an overall plan to develop the corridor with a transit transportation use;

Commercial and office uses directly related and ancillary to the transit facilities. These may include eating and drinking places, news and notion shops utilizing portions of the corridor, when integrated with intermodal station-interchange and adjacent development.

Development Standards for Transportation Uses. Proposals for the development of a future transit use will present unique and specialized design and site plan features, such as accommodations for subsurface or elevated facilities. The need for unique design and site plan features makes it difficult to establish standardized development criteria. While the establishment of predetermined development standards is not feasible, the site plan review process shall be used to ensure that any proposal for development of a transit facility and related uses is in keeping with quality standards of site plan design and, where applicable, is in conformance with the design guidelines of the two specific plans through which the corridor traverses. The site plan review process shall also be used to ensure that potential negative impacts on surrounding uses have been mitigated.

Non-transportation Uses. The T-C zone shall allow for the development of non-transportation uses on the corridor, subject to development standards that will preserve the future use of the corridor for transit purposes. Permitting non-transportation uses on the corridor will allow for the full realization of development and redevelopment opportunities within key areas of the City. Integration of the corridor into adjacent development sites will complement and enhance the viability of a future transit use.

Permitted Non-transportation Uses. The following non-transportation uses are permitted on the corridor, subject to the site plan review procedures of the City, if applicable, and further subject to a conditional use permit.

Such uses shall be subject to conditions that shall address the duration of the use, mitigation measures to ensure that the proposed use will not preclude a future transit use, compatibility with adjacent properties, on-site facilities such as parking, traffic circulation and points of vehicular access, security and public safety, property maintenance and other factors determined necessary to provide for the safe and efficient use of the property.

Open Field Growing. Commercial or otherwise of flowers and horticultural nursery stock agricultural crops, provided no pots, cans or other containers or bulk or packaged fertilizer are kept on the premises, nor retail sales conducted on the premises;

Parks and Recreations Areas. Including turfed areas, bike trails, but excluding spectator sports and contest facilities, public amusement devices for hire and swimming pools having more than 1,000 square feet of water surface area;

Those uses permitted in the zone(s) of the property abutting that portion of the corridor proposed for use;

In the Brookhurst/Chapman and Community Center Specific Plans, only those non-transportation uses specified in subdivisions 1 and 2 of this subsection, and those non-transportation uses permitted in the respective specific plan zones that abut that portion of the corridor proposed for use, shall be allowed.

Development Standards for Non-transportation Uses. A purpose of the T-C zone is to ensure compatibility between proposed non-transportation uses and surrounding uses and to ensure that any potential negative impacts on adjacent properties have been mitigated. Therefore, the standards for development of non-transportation uses on the corridor shall be the following:

When the corridor is proposed for a non-transportation use as part of a development plan that includes the property adjoining the corridor, the development standards for the corridor portion of the project site shall be the same as the standards for development required by the zone in which the adjoining development site is located. In such a case, the land area within the corridor shall be regarded as being fully integrated into the land area of the adjacent development site, and shall not be regarded as a separate parcel for purposes of applying the development standards required by the adjacent zone. Within the Brookhurst/Chapman and Community Center Specific Plans, development of non-transportation uses on the corridor shall also comply with the design guidelines of the specific plans.

Based on the unique configuration and characteristics of the corridor, additional development standards shall also be required in order to ensure that proposed non-transportation uses will not preclude the development of a future transit use, to ensure compatibility with surrounding uses, and to provide adequate on-site facilities. If the additional standards conflict with those of the zone of the adjoining property, the more restrictive shall apply. The additional development standards shall also apply if the corridor is proposed for a non-transportation use independent of an adjoining site.

No permanent structures shall be constructed within the corridor, unless constructed pursuant to a legally binding agreement between the developer and property owner(s) that reserves the air or subsurface rights of the corridor for a future transit use. If a structure(s) is constructed pursuant to such an agreement, in no case shall more than 20% of the land area within that portion of the corridor proposed for use be covered with a building.

No metal structures or trailers may be constructed or placed within the corridor.

A minimum 15-foot landscaped setback shall be required along that portion of the corridor that abuts a public street, but in no case shall the setback be less than that required by the adjacent zone. The landscaped setback shall include rolling earth berms and one 24-inch box tree for every 10 feet of street frontage. The required trees may be grouped in clusters.

A 10-foot landscaped zone separation shall be required for any proposed nonresidential use that abuts a residential zone or properties improved with single-family or multiple-family housing. The separation shall be fully landscaped and planted with sufficient trees and shrubbery to create a visual and noise buffer. No buildings may be constructed in the required zone separation.

A six-foot block wall of consistent building material and color shall be required for any non-residential use that abuts a residential zone or properties improved with single-family or multiple family housing.

Provisions shall be made for adequate on-site facilities such as vehicular access, circulation, off-street parking, landscaping, lighting and security.

Provisions shall be made to ensure that the proposed use is properly related to the requirements of and opportunities for the services performed by public agencies, and particularly emergency public safety services.

Other development standards may be imposed as determined necessary by the hearing body.

Restrictions on Non-transportation Uses. The following non-transportation uses shall be specifically prohibited from the transit corridor, either as an independent use or when incorporated into a development plan that includes property adjoining the corridor.

Automobile repair;

The following uses are not permitted when located adjacent to a residential zone or properties improved with single-family or multiple-family housing:

Draying, freighting or trucking yards,

Lumberyards,

Supply yards and storage of bulk material, and

Any use that involves the storage or use of any flammable or hazardous material.

Procedures. Proposals for the use and/or development of transportation and non-transportation uses on the Transit Corridor shall be processed as follows:

Application. A site plan and conditional use permit, as required by this title, shall be submitted and shall incorporate all of the requirements of the site plan and conditional use permit review. Additional requirements shall include, if applicable:

Detailed phasing schedule including a narrative description of the proposed phasing;

A site plan clearly illustrating the phasing, especially when disruption of vehicular traffic may occur on streets crossing the corridor;

If determined necessary by the City, the applicant shall have an Environmental Impact Report or Focused Environmental Impact Report prepared at the developer's expense to assess the environmental impact of the proposed transit or non-transportation use; and

Executed agreements and descriptive text that document adequate provisions for the preservation of subsurface and/or air rights for a future transit use within the corridor, or evidence of provisions for the removal of any structures, if necessary, should a transit use be proposed. Such agreements shall be reviewed and approved as to content by the City Attorney during the site plan/conditional use permit review process.

Public Hearing. The Planning Commission shall be the review body and shall hold a public hearing on any development that proposes to utilize air, surface or subsurface areas of the transit corridor for either a transportation or non-transportation use. Legal notification shall consist of compliance with Chapter 9.32.

Findings. The Planning Commission, after holding a public hearing(s), shall make specific findings and attach conditions with regard to any proposed use of the transit corridor. These findings shall be as follows:

That the proposed development of a transportation or non-transportation use or adjacent development utilizing air-rights, surface, or subsurface rights are compatible with surrounding uses and that any negative impacts from such development on surrounding uses have been mitigated;

That adequate provisions have been made to ensure that the proposed development of the corridor for non-transportation use(s) will not preclude the future development of a transit use;

That adequate parking and vehicular access are available for all development proposals in accordance with the requirements of this code;

That provision has been made for adequate on-site facilities, such as pedestrian circulation, vehicular circulation and points of access, public safety measures, and property maintenance;

That the proposed development is in the best advantage and interests of the City, from the standpoint of integration with surrounding land uses, the economic development strategy for the corridor and the City.

Appeals. In the event that a person feels aggrieved by the action of the hearing body, the matter may be appealed to the City Council.

§ 9.12.030.050 Flood Hazard Overlay Zone (FH).

Statutory Authorization. The Legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local government units authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City of Garden Grove hereby adopts the following Floodplain Management Regulations.

Findings of Fact.

The flood hazard areas of the City of Garden Grove are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

These flood losses are caused by uses that are inadequately elevated, floodproofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss.

Statement of Purpose. The purpose of this section is to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in area of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of Reducing Flood Losses. In order to accomplish its purposes, this section includes methods and provisions to:

Restrict or prohibit uses that are dangerous to health, safety and property due to water or erosion hazards, or that result in damaging increases in erosion or flood heights or velocities;

Require that uses vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;

Control the alteration of natural floodplains, stream channels, and natural protective barriers that help accommodate or channel floodwaters;

Control filling, grading, dredging and other development that may increase flood damage; and

Prevent or regulate the construction of flood barriers that will unnaturally divert floodwaters or that may increase flood hazards in other areas.

Lands to Which This Section Applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the City of Garden Grove.

Basis for Establishing the Areas of Special Flood Hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated February 18, 2004, and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs), dated February 18, 2004, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this section. This FIS and attendant mapping is the minimum area of applicability of this section and may be supplemented by studies for other areas that allow implementation of this section and that are recommended to the City of Garden Grove by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 11222 Acacia Parkway, Garden Grove, CA.

Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the term of this section and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City of Garden Grove from taking such lawful action as is necessary to prevent or remedy any violation.

Abrogation and Greater Restrictions. This section is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and Disclaimer of Liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the City of Garden Grove, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

10.

Severability. This section and the various parts thereof are hereby declared to be severable. Should any part of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the section as a whole, or any portion thereof, other than the part so declared to be unconstitutional or invalid.

Establishment of Development Permit.

A Development Permit shall be obtained before any construction or other development begins within any area of special flood hazard established in subsection A.5. Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Site plan, including, but not limited to:

For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

ii.

Proposed locations of water supply, sanitary sewer and utilities;

iii.

If available, the base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map;

iv.

If applicable, the location of the regulatory floodway; and

Foundation design detail, including, but not limited to:

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

ii.

For a crawl-space foundation, location and total net area of foundation openings as required in subsection C.1.c.iii of this section and FEMA Technical Bulletins 1-93 and 7-93; and

iii.

For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor Test method);

Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in subsection C.1.c.ii of this section and FEMA Technical Bulletin TB 3-93;

All appropriate certifications listed in subsection B.3.d of this section; and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the Floodplain Administrator. The City Manager or his or her designee is hereby appointed to administer, implement and enforce this section by granting or denying development permits in accord with its provisions.

Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

Permit Review. Review all development permits to determine that:

Permit requirements of this section have been satisfied,

ii.

All other required state and federal permits have been obtained,

iii.

The site is reasonably safe from flooding, and

iv.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined, but a floodway has not been designated. For purposes of this section, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

Review, Use and Development of Other Base Flood Data.

When base flood elevation data has not been provided in accordance with subsection A.5., the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer subsection C. Any such information shall be submitted to the City of Garden Grove for adoption; or

ii.

If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July, 1995, in order to administer subsection C:

(A)

Simplified Method.

(1)

One hundred year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and

(2)

Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

(B)

Detailed Method.

(1)

One hundred year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers HEC-HMS computer program; and

(2)

Base flood elevation shall be obtained using the U.S. Army Corps of Engineers HEC-RAS computer program.

Notification of Other Agencies. In alteration or relocation of a watercourse:

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

ii.

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and

iii.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available, as needed, the following:

Certification required by subsections C.1.c.i and C.1.c.iv (lowest floor elevations),

ii.

Certification required by subsection C.1.c.ii (elevation or floodproofing of nonresidential structures),

iii.

Certification required by subsection C.1.c.iii (wet floodproofing standard),

iv.

Certification of elevation required by subsection C.1.c.vi.(A) (subdivision standards),

Certification required by subsection C.1.c.viii.(A) (floodway encroachments),

Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection D.

Remedial Action. Take action to remedy violations of this section as specified in subsection A.3.

Appeals. The Planning Commission of the City shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this section.

Standards of Construction.

In all areas of special flood hazards, the following standards are required:

Anchoring.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

ii.

All manufactured homes shall meet the anchoring standards of subsection C.1.c.vii.

Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

With flood resistant materials, as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage;

ii.

Using methods and practices that minimize flood damage;

iii.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and

iv.

Within Zone AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Elevation and Flood Proofing. (See Section 9.04.060 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")

Residential construction, new or substantial improvement, shall have the lowest floor, including basement in:

(A)

Zone A, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in subsection B.3.b of this section. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation, as determined by the community.)

(B)

All other zones, elevated to or above the base flood elevation. (The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.)

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the Community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

ii.

Nonresidential construction, new or substantial improvement, shall either be elevated to conform with subsection C.1.c.i, or together with attendant utility and sanitary facilities:

(A)

Be floodproofed below the elevation recommended under subsection C.1.c.i so that the structure is watertight, with the walls substantially impermeable to the passage of water;

(B)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(C)

Be certified by a registered professional engineer or architect that the standards of this subsection C.1.c.ii are satisfied. Such certification shall be provided to the Floodplain Administrator.

iii.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and that are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria:

(A)

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; or

(B)

Be certified by a registered professional engineer or architect.

iv.

Manufactured homes shall also meet the standards in subsection C.1.c.vii.

Standards for Utilities.

(A)

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

(1)

Infiltration of floodwaters into the systems, and

(2)

Discharge from the systems into floodwaters.

(B)

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

vi.

Standards for Subdivisions.

(A)

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

(B)

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(C)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(D)

All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

(E)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

vii.

Standards for Manufactured Homes.

(A)

All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's Flood Insurance Rate Map, on sites located:

(1)

Outside of a manufactured home park or subdivision;

(2)

In a new manufactured home park or subdivision;

(3)

In an expansion to an existing manufactured home park or subdivision; or

(4)

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation, such that the lowest floor or the manufactured home is elevated to or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(B)

All manufactured homes that are placed or substantially improved on sites located within Zones V1-30, V, and VE on the community's Flood Insurance Rate Map will meet the requirements of subsection C.1.c.vii.(A).

(C)

All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions of subsection C.1.c.vii.(A) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement, and be elevated so that:

(1)

The lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation), or

(2)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

(D)

viii.

Floodways. Located within areas of special flood hazard established in subsection A.2. are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles and erosion potential, the following provisions apply:

(A)

Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge;

(B)

If subsection C.1.c.viii.(A) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of subsection C.

Temporary and portable structures only.

Nature of Variances.

The variance criteria set forth in this subsection are based on the general principle of zoning laws that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this section would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants or the property owners.

It is the duty of the City of Garden Grove to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the flood level is so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this section are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

Appeal Board.

In passing upon requests for variances, the Planning Commission shall consider all technical evaluations, all relevant factors, and standards specified in other subsections of this section, including:

Danger that materials may be swept onto other lands to the injury of others;

ii.

Danger of life and property due to flooding or erosion damage;

iii.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

iv.

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

vi.

Availability of alternative locations for the proposed use that are not subject to flooding or erosion damage;

vii.

Compatibility of the proposed use with existing and anticipated development;

viii.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

ix.

Safety of access to the property in time of flood for ordinary and emergency vehicles;

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; and

xi.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water system, and streets and bridges.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and

ii.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of the title of the affected parcel of land.

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.

Conditions for Variances.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of subsections B and C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this section. For example, in the case of variances to an elevation requirement, this means the Planning Commission need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation that the Planning Commission believes will both provide relief and preserve the integrity of the local ordinance.

Variance shall only be issued upon:

A showing of good and sufficient cause;

ii.

A determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and

iii.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependant use provided that the provisions of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood, does not result in additional threats to public safety, and does not create a public nuisance.

Upon consideration of these factors and the purposes of this section, the Planning Commission may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this section.

§ 9.12.030.060 Transition Overlay Zone (T).

Purpose. The Transition Overlay Zone (T) is intended to encourage recycling of underutilized properties and consolidation of developable land, thereby achieving more efficient land use and improved site designs, while providing a smooth transition between residential and commercial properties. The overlay zone is limited to Multiple-Family Residential (R-3) and Neighborhood Commercial (C-1) zones. Where appropriate, commercial development in C-1(T) zones could be permitted to transition into designated Multiple-Family Residential R-3(T) areas. Special development standards, design criteria and lot consolidation incentives have been designed to achieve this transition.

Multiple-Family Residential Transition R-3(T) zone.

Permitted Uses. All uses permitted in the R-3 zone;

Site Development Standards. Shall be as specified elsewhere in this title for the R-3 zone, with the following exceptions for creation of new lots:

Minimum area per lot: 12,600 square feet,

Minimum street frontage and lot width: 90 feet.

Neighborhood Commercial Transition C-1(T) Zone.

Permitted Uses. As specified within this title for the C-1 zone with the follow exceptions:

Not permitted:

Recording studios

ii.

Tattoo, facial

iii.

Golf courses (regulation)

iv.

Golf driving ranges

Incidental amusement devices

vi.

Movie theaters

vii.

Crematory, mausoleum

viii.

Trade, business school.

Conditional use permit required:

Laundromat (coin-op)

ii.

Skating rinks

iii.

Food catering

iv.

Neighborhood recycling center

Pet grooming

vi.

Public recreational facilities.

Site Development Standards. Shall be as specified within this title for the C-1 zone, with the following exceptions for creation of new lots:

Minimum lot area: 27,500 square feet.

Minimum lot depth: 160 feet,

All corner lots shall maintain a 25-foot corner cut-off. Building encroachment shall not be allowed within this cut-off area,

Minimum lot width: new lots or consolidated lots shall have a minimum continuous width to depth ratio of 1.1 to 1. For the purpose of this chapter, lot width shall be measured from property frontage adjacent to the arterial street.

Design Criteria. The intent of the design criteria is to establish a workable framework that translates the goals, objectives, and concepts into workable and practical development guidelines. It is the intent that these guidelines be administered by the City and implemented by property owners and/or developers of individual projects. Deviation from these guidelines may occur only if it is clearly demonstrated to and determined by the Planning Commission that departure from these guidelines will still comply with the written and implied intent of this section.

The design criteria for Neighborhood Commercial Transition C-1(T) shall be the following:

Neighborhood Retail Center.

(A)

Profile. Neighborhood retail centers can range from single-to multi-tenant structures. Uses include general retail, food and services. In most cases there is one major tenant, with parking at the front of the building facing the street. Service areas are generally located at the rear of the building with landscaped buffer area adjacent to residential uses.

(B)

Guidelines.

(1)

Buildings shall have entries that either face onto or are clearly visible from the main arterial street.

(2)

Outdoor eating areas, excluding alcohol sales, are encouraged, incorporating courtyards and patios. These shall be visible to the public and, where possible, connected to public sidewalks.

(3)

Vehicular access to the center shall be from a major arterial street.

(4)

Rear service areas shall be buffered from adjoining residential areas.

(5)

Access to second level offices shall be designed to be an interior element. Outdoor walkways shall not be permitted.

(6)

Parking areas shall be designed to allow continuous circulation with potential or existing adjacent retail developments. Future access rights shall be ensured through cross easements.

(7)

Truck loading areas adjacent to residential properties shall provide sound attenuation walls at the loading dock, parallel to the residentially zoned properties.

ii.

Office.

(A)

Profile. A single or multi-story building containing professional and/or general office space for single or multiple tenants.

(B)

Guidelines.

(1)

Building entry shall be clearly visible from the sidewalk or street edge. All second level office access shall be enclosed in interior hallways, or access may be provided by exterior stairway and walkways that are not visible from off site.

(2)

Adjoining residential areas shall be protected by maintaining a landscape buffer edge and limiting public building openings towards residential areas. Landscaping shall be provided in parking lots to create shade and to improve the aesthetic quality.

(3)

In mixed-use, retail/office buildings, office uses shall occur on second levels. Retail uses shall be provided at the ground level.

(4)

Infill office development shall relate to adjoining buildings by being compatible with their existing materials, height, building bulk, orientation and street relationship.

(5)

Glass areas at the ground floor shall not use reflective glass.

iii.

Freestanding Restaurant (Excluding Fast Food).

(A)

Profile. A building containing food service with seating areas.

(B)

Guidelines.

(1)

Restaurants entry shall be the focal point of the façade design. The main entry shall either front onto or be visible from the street.

(2)

Restaurant signs shall be simple and appropriate to enhance the building's architecture and shall comply with existing Title 9 regulations.

(3)

Restaurants shall provide outdoor terrace/patio eating areas, without alcohol services, integrated with the pedestrian circulation.

(4)

Corner sites are preferred locations for freestanding restaurants.

(5)

Restaurant uses shall have good visibility and access from major streets.

Lot Consolidation. Lot consolidation is encouraged for both commercial and residential development within Transition Overlay Zones. Minimum lot sizes have been established for both commercial and residential projects. Lot consolidation will facilitate improved development patterns by creating design flexibility to accommodate better circulation patterns, landscaping and building design.

Incentives. Incentives have been provided to encourage high quality development to create cohesive design, appearance and access. The following incentives may be granted based on the intensity of development and impacts it may have on the area:

When interior hallway office access is provided at the second level of a proposed building, the hallway area may be excluded from the floor area calculations when determining required parking. This determination shall be made on a project-by-project basis.

Selected local streets may be considered for abandonment when such abandonment is found to be necessary and desirable to improve circulation on arterial streets, protect neighborhood areas and increase development areas.

Transition Procedure. Commercial development may be considered for transition into multiple-family residential (R3) areas under the following conditions:

Neighborhood Commercial (transition), C-1(T), zoned property may be consolidated with Multiple-Family Residential (transition), R-3(T), zoned property in accordance with standards outlined herein.

A zone change application from R-3(T) to C-1(T) must be approved.

§ 9.12.040.010 Multifamily Residential-General Requirements.

The following general requirements pertain to all properties zoned R-2 and R-3 and shall be determined to be minimal requirements, unless stated as maximum by this code:

Setbacks.

Every required setback shall be open and unobstructed from the ground to the sky, aside from landscaping or unless otherwise specified.

No setback or open space provided around any building for the purpose of complying with the provisions of this section shall be considered as providing a setback or open space for any other building or on which a building is to be erected.

Modification of Required Front Yard Setbacks on Lots Fronting on the Curves of Cul-de-Sacs or Knuckles.

The required front setbacks may be reduced by up to one-half where:

The street pattern of a subdivision includes lots fronting upon cul-de-sac turnarounds or knuckle widenings at right angles or approximate right-angle turns in a street; and

Where cul-de-sac or knuckle designs create a street width wider than the city adopted standard, resulting in reduced depth of the lots fronting the cul-de-sac or knuckle widening.

The required front setback may be reduced to not less than one-half of the required front setbacks for the zone in which the property is located when the lot line that represents the depth of the lot intersects any portion of the arc formed by the constant radius of a cul-de-sac or knuckle.

Permitted Intrusions. The following intrusions may project into any required setback up to a maximum of two feet.

Cornices;

Eaves;

Belt courses;

Sills;

Buttresses;

Planter boxes;

Masonry planters;

Guard railings;

Chimneys.

Lot Area Regulations.

Lot area shall not be reduced. No lot area shall be reduced or diminished so that the lot area, setbacks or other open spaces shall be less than prescribed for the zone in which it is located.

Substandard Lots. When a lot has less than the minimum required area or width as set forth in the development standards of each zone, or in a site plan, and was of record on November 17, 1960, the lot shall be deemed to have complied with the minimum required lot area or width as set forth in the zone or site plan.

Height Limits.

Residential buildings shall comply with the building height limitations of this chapter, unless otherwise specified below.

As provided in Section 9.12.040.130, penthouses or roofs structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures may be erected above the height limits of this chapter but may not exceed a height of 15 feet above the structure to which it is attached. No penthouses or roof structure, nor any other space above the height limit allowed for the zone in which the building is located, shall be allowed for the purpose of providing additional usable floor space, except that usable floor space may be provided above this height for churches, and public, private or parochial schools, when employed in a unique structure, tower or spire, subject to the approval of a conditional use permit.

Placement of Buildings. Placement of buildings on any lot shall conform to the following:

No habitable portion of a building shall occupy any portion of any required setback, except as provided for in the development standards addressing permitted intrusions.

Any garage or carport that opens directly to any street or alley shall observe a setback of not less than 20 feet unless otherwise permitted by this title.

When a garage or carport abuts an alley and the access to the garage or carport is perpendicular to the alley, the building shall not be constructed closer than 20 feet to the centerline of the alley and shall maintain a minimum setback of five feet from the property line.

Mechanical Equipment, Metering Devices—Screening and Location.

Except as otherwise required by state law, all roof-mounted and ground-mounted mechanical equipment and metering devices shall be screened from view from the adjacent public rights-of-way, adjacent properties, and on-site uses using one of the following methods for the specific equipment referenced. Exceptions to this screening requirement shall be fire-fighting equipment required by the Fire Department.

Roof-mounted: Shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.

Ground-mounted: Shall be screened by densely planted and maintained landscaped hedges or a fence or wall. Ground-mounted equipment shall not exceed the maximum allowable height for a wall, fence, or hedge.

Ground-mounted mechanical equipment including, but not limited to, water heaters, heating, cooling or ventilating equipment, swimming pool or spa heaters, pumps or filters shall not be located within a front yard setback but may be permitted to be located in a rear or side yard setback, provided that the equipment is screened from view from all abutting public rights-of-way and is shielded to achieve the requirements of Garden Grove Municipal Code Chapter 8.47 (Noise Control). If required by manufacturer's specifications, equipment may be installed within exterior equipment enclosures. All equipment enclosures, including any flues, accessories, or other appurtenances, shall be painted to match the main house. If the equipment is to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.

(2939 § 3, 2022; 2947, 11/28/2023)

§ 9.12.040.020 Residential-General Development Standards.

Specific development standards for R-2 (Limited Multiple Residential) and R-3 (Multiple-Family Residential) zones shall be as set forth in the following table:

R-2 and R-3 Development Standards Table
Placement	R-2 (5)		R-3(5)
Front Setback (1)(8)	20 ft. to 1st & 2nd Flr.	25 ft. to 3rd Flr.	20 ft. to 1st & 2nd Flr.	25 ft. to 3rd Flr.
Side Setback (Interior) (8)	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.
Street Side Setback (8)	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.
Main Entry Facing Street Side Setback	15 ft. to 1st & 2nd Flr.	20 ft. to 3rd Flr.	15 ft. to 1st & 2nd Flr.	20 ft. to 3rd Flr.
Rear Setback	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.	10 ft. to 1st & 2nd Flr.	15 ft. to 3rd Flr.
Stepback–All sides (If adjacent to R-1)	Minimum 20 ft. from Property Line-2nd Flr. Minimum 40 ft. from Property Line-3rd Flr.		Minimum 20 ft. from Property Line-2nd Flr. Minimum 40 ft. from Property Line-3rd Flr.
Building Height–Main structure (6)	Maximum 35 ft.		Maximum 35 ft.
Building Height–Accessory structure (6)	Maximum 17 ft.		Maximum 17 ft.
Stories–Maximum	3 stories		3 stories
Lot coverage–Maximum (2)	50%		50%
Front setback coverage–Maximum (3)	50%		50%
Density–Maximum (4)	21.0 units/acre		32.0 units/acre
Minimum lot size for newly created lots (7)	7,200 sq. ft.		7,200 sq. ft.

1.	In no case shall the setback be less than 10 feet.
2.	Lot coverage includes all building and structures (primary and accessory) and required uncovered parking areas and excludes uncovered swimming pools and permeable or semi-permeable recreational surface areas. The 50% lot coverage requirement may be reduced to the extent it would physically preclude a housing development project consisting of three to 10 units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11.
3.	Hardscape counted towards maximum coverage percentage includes driveways and pedestrian walkways.
4.	Applications for density bonuses may be made as provided for by state law.
5.	Refer to Section 9.12.040.040 for minimum development standards for duplexes and triplexes.
6.	Subject to additional regulations pursuant to Section 9.12.040.050.B (Maximum Building Height Adjacent to R-1 Zone Property)
7.	Housing development projects consisting of three to ten units located on an existing legal parcel and less than 7,200 square feet may be permitted in accordance with Government Code Section 65913.11.
8.	For density bonus projects involving construction of a fourth or higher story, any story above the third story may equal the required setback for the third story but shall not extend outward beyond that setback.

When two or more buildings are, by definition, considered main buildings, then the front setback requirements shall apply only to the buildings closest to the front lot line.

Any construction occurring on a lot, where said lot abuts a street that has not been fully improved, shall observe all building setbacks from the ultimate right-of-way of the street.

Patios, balconies, landings, porches, stairwells, bay windows and chimneys may not encroach into front or street side setbacks.

Minimum Dwelling Unit Area. Every dwelling unit hereafter constructed shall have a minimum floor area, excluding garages, as specified below:

Number of Bedrooms	0	1	2	3 or more
Minimum dwelling unit area	500 sf	750 sf	900 sf	1050 sf

On corner lots, no attached garage shall be located less than 20 feet from the rear property line and shall be provided with a driveway apron that has a depth a minimum of 20 feet from any adjacent property line.

(2939 § 3, 2022; 2947, 11/28/2023)

§ 9.12.040.030 Special Requirements-Single-Family Homes in R-2 and R-3 Zones.

All plans for construction of new single-family residences, additions to existing single-family residences, and detached accessory structures shall comply with the single-family residential development standards of Chapter 9.08, R-1 standards, and no variances or waivers may be requested.

(2882 § 6, 2017; 2939 § 3, 2022)

§ 9.12.040.040 Special Requirements-Duplex and Triplex in R-2 and R-3 Zones.

The following standards shall be required for the development of a two- or three-unit residential project on an R-2 or R-3 zoned property. The development can be designed to provide attached and/or detached units.

Each development shall comply with the general requirements as contained in Sections 9.12.040.010 and 9.12.040.020 for those standards that are not specified herein. Unless otherwise specified within this section, all the development standards shall be deemed as minimum requirements.

Lot Width Requirements. The minimum lot width for new construction shall be 60 feet.

Maximum Stories and Building Height.

Main structure(s): two stories with a maximum building height of 30 feet.

Detached garage or accessory structure(s): one story with a maximum building height of 17 feet.

Maximum number of sleeping rooms per unit: four.

Lot Coverage. The maximum lot coverage shall not exceed 50%. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas.

Main Building Setbacks.

The following minimum building setbacks shall be observed from the property lines. Detached garages and accessory structures shall comply with the setbacks contained in subsection F. The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions established in subsection F.

Front:	20′-0″
Interior Side:
1st Floor	5′-0″
2nd Floor	10′-0″
Street Side:
1st Floor	10′-0″
2nd Floor	15′-0″
Rear:
1st Floor	10′-0″
2nd Floor	15′-0″
If the property abuts R-1 zoned properties:
1st Floor	15′-0″
2nd Floor	20′-0″

Diagrams Indicating Building Setbacks

Diagram indicating setbacks for a duplex or triplex on an R-2 or R-3 zoned parcel located contiguous to an R-2 or R-3 zoned parcel.

Diagram indicating setbacks for a duplex or triplex on an R-2 or R-3 zoned parcel located contiguous to an R-1 zoned parcel.

Detached Garages and Accessory Structures Setbacks. The following setbacks shall be observed for detached garages and accessory structures:

Distance between detached garages and interior side and/or rear property lines:

Minimum five feet if the property is located adjacent to an R-1 zone property.

Detached garages, located on a property that is adjacent to any multiple-family, commercial, industrial or open space zoned property, may be designed to have a zero setback to any interior and/or rear property line provided that the width of the detached garage shall not exceed 50% of the width of the property line.

Any attached or detached garage that opens directly to any street or alley shall observe a minimum setback of 20 feet from the property line.

Distance between detached accessory structures, including, but not limited to, storage sheds, freestanding patio covers, etc., and interior side and/or rear property lines: five feet.

Distance between detached accessory structures, including, but not limited to, storage sheds, freestanding patio covers, etc., and street side property lines: 10 feet.

Garages or accessory structures that are attached to any portion of the main residence shall comply with the setback requirements of subsection E.

At no time shall an accessory structure, such as a patio cover or storage shed, be attached to any detached garage.

Permitted Intrusions. The following intrusions shall be permitted into the required setback areas:

The permitted intrusions as contained in Section 9.12.040.010.C, Permitted Intrusions.

Architectural projections with no floor area, including, but not limited to, bay windows, pilasters, and chimneys may project up to two feet into the setbacks.

Entry porches for units located along the front setback may encroach up to five feet into the required front setback area. The width of the porch shall not exceed 50% of the width of the unit located along the front setback.

Dwelling Entries and Covered Entries.

Each individual dwelling unit shall have a main entry that is clearly defined by use of a stoop, framed doorway, or covered doorway that is recessed from the building façade a minimum depth of three feet. At least one unit shall have the main entry oriented directly toward the adjacent street.

All front entry doors that are designed to be parallel to any drive aisle and/or open parking area shall maintain a minimum separation of 10 feet from the drive aisle and/or open parking area.

Separation of Buildings, Accessory Buildings, Parking Areas and Vehicle Drive Aisles. Each development shall comply with the following minimum separation distances.

Distance between detached units: eight feet.

Distance between the drive aisle and the unit (including entry porches/ covered patios): five feet. Exception: The required separation may be reduced to less than five feet, but to a distance no less than required to comply with applicable fire code standards, for properties that are preserving an existing dwelling unit but cannot provide the required separation due to the placement of the existing unit.

Distance between guest parking areas and the unit (including porches/covered patios): five feet.

Distance between detached garages and/or detached accessory structures and the unit (including entry porches and covered patios): five feet.

Distance between detached accessory buildings: five feet.

Access and Circulation. Each development shall be designed to provide on-site vehicular access, circulation, back-up, and turn-around areas that comply with all the applicable standards of this code.

Vehicular Access. All projects shall maintain the following minimum drive aisle width:

New developments that are accessed from a shared drive approach shall maintain a minimum 25-foot-wide drive aisle; however, the width may be reduced to 20 feet where the lot frontage on which the drive aisle is located is less than 80 feet in width.

In situations where an existing unit(s) will remain on the property and both the existing unit(s) and new unit(s) will be accessed from the existing drive aisle, and where the width of the existing drive aisle cannot be increased in width due to the placement of the existing unit(s), the width of the shared drive aisle may be reduced to no less than 16 feet.

Required Landscaping. All projects with a shared drive aisle shall provide a landscape planter with a minimum width of five feet located along the drive aisle and the closest adjacent property line; however, the width of the landscape planter may be reduced less than five feet under the following circumstances:

To accommodate vehicle back-up and/or turn around areas consistent with Public Works Department, Engineering Division standards, or

ii.

For properties that have a lot width of less than 60 feet, or

iii.

For properties that will preserve an existing dwelling unit but cannot provide the required landscaping due to the placement of the existing unit.

Vehicular Circulation.

Vehicular Back-Up. Based on the site's location and the proposed project design, a minimum vehicle back-up area of 25 feet or greater may be required, as determined by the City Engineer for conformance with City standards, to allow vehicles to maneuver safely on and off the site in a manner that does not interfere with traffic flow on the adjacent street.

Vehicular Turn-Around. Through the director's review and/or building permit review process, the City Engineer will determine if a vehicular turn-around will be required to ensure that vehicle movements on and off the site will not interfere with traffic flow on the adjacent street, consistent with adopted City standards.

Required Parking and Enclosed Garages. Each development shall comply with the minimum parking requirements for multiple-family developments as contained in Section 9.12.040.180, Parking Spaces Required.

The required parking shall be provided in the form of a two-car enclosed garage for each unit, and the guest parking may be covered or uncovered. The covered parking space(s) shall be designed and constructed to match the architectural style and colors of the buildings they serve.

Guest parking spaces may be located in front of an enclosed garage, provided that the parking spaces do not extend into any required drive aisle or into the required back-up or turn-around areas, and do not encroach, block, or impede access to the garage or parking area of the other unit(s).

Guest parking spaces located within the interior of the lot shall have a minimum depth of 19 feet and a minimum width of nine feet. When a guest parking space is covered or adjacent to a wall, the width of the parking shall be 10 feet.

Each enclosed garage shall maintain a minimum interior parking area of 20 feet by 20 feet. No storage cabinets or mechanical equipment, including, but not limited to, water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area.

All garages shall be equipped with automatic roll-up garage door openers that shall be maintained in an operable condition at all times.

Each garage shall be maintained to allow the required number of parking spaces for vehicle parking to be available within the enclosed garage at all times.

Open Space. A private recreation area shall be provided for each unit and shall comply with the following standards:

Each unit shall provide a minimum and continuous private recreation area of at least 225 square feet and with minimum interior dimensions of 15 feet by 15 feet. Exception: The dimension of the private recreation area may be reduced to no less than 10 feet for properties that have a lot width of less than 60 feet, provided that the required total net recreation area is maintained with the reconfiguration.

The private recreation area shall be open and unobstructed from the ground to the sky.

The private recreation area shall be conveniently located next to the unit, and accessed directly from a public area, such as a living room, family room, dining area, or kitchen.

The private recreation area may be located within the interior side, street side, or rear setback areas.

Private recreation areas located adjacent to any street or alleyway shall be screened from view from a public right-of-way with a six-foot high decorative masonry wall. The wall shall maintain a minimum three-foot setback from any side street property line for landscaping purposes and shall comply with all visibility requirements as contained in Section 9.12.040.140, Wall, Fence and Hedges.

Architectural Compatibility Between New and Existing Units. If a development is designed to preserve any existing unit(s) on the property, the architectural style and design features of the existing residential unit and each new residential unit, attached or detached addition, or accessory structure shall match one another, as provided below:

The type, pitch, color, material, and texture of the roof and eave details of a new residential unit, an attached or detached addition, or accessory structure shall be the same as the existing residential unit.

The color, material, and texture of all building walls, windows, and doors of a new residential unit, an attached or detached addition, or accessory structure shall be the same as the existing residential unit.

Building Design. Each project shall be designed to include architectural design approaches that include all the following elements:

Rooflines that have at least two changes in orientation and/or pitch.

For buildings that have a front façade greater than 30 feet in length, the building shall have a break in the façade plane of a minimum depth of three feet for at least every 30 feet of frontage.

Architectural accents and materials shall reflect a consistent architectural style. This shall apply to roof forms and materials, window shapes, accent materials, decorative columns, porches, balconies, and decorative trim on all windows and doors.

All building façades shall contain architectural detailing consistent with the architectural style used. At least three treatments from the following list shall be used consistently on all building façades:

Use of two building materials and finishes;

Use of at least two complementary paint colors;

Windows that are recessed at least six inches;

Window surrounds of at least four inches in width that are consistent with the architectural style used on the building;

Projecting/bay windows;

Window shutters;

Exterior soffit and fascia boards.

Storage Facilities. Each dwelling unit shall provide a minimum 120 cubic feet of private and secure storage space. Such space may be included either interior to the dwelling unit, within individual required parking areas in a manner that does not interfere with required parking spaces, or within an aggregated common storage area. Bedroom closets and cupboard space located within the unit shall not count toward meeting this requirement

Laundry Facilities. Each dwelling unit shall have a laundry space located within the unit or within the private garage for that unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within the enclosed garage, the laundry equipment shall not encroach into the required interior garage parking area of 20 feet by 20 feet.

Refuse Storage Areas. All developments shall provide each unit with the appropriate number of trash containers as required by the Garden Grove Sanitary District, and shall comply with the following:

Trash containers shall be stored within designated storage areas only and not within the garage parking area.

The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, shall be subject to the Garden Grove Sanitary District requirements.

The area required for each container shall be a minimum of 38 inches by 38 inches.

The trash areas shall be paved and accessed by a walkway that allows tenants for ease of taking trash containers to and from the street.

If it is determined that a trash enclosure is required to serve the property instead of individual trash containers based on the property's location (i.e., located along a major arterial), the property shall comply with the refuse storage requirements as contained in Section 9.12.040.020, Refuse Storage Areas.

Water Heaters. Each dwelling unit shall have a separate hot water heater, or the entire development may be provided with a centralized circulation water heater system to serve all dwelling units on the property consistent with building code requirements. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters, provided all building codes are complied with.

Utility Meters. All above-ground utility meters, including, but not limited to, water meters, gas meters, and irrigation equipment, shall be placed outside of the required front setback area. Planned locations shall be indicated on-site plans. All above-ground utility meters shall be completely screened from view from adjacent public rights-of-way and the immediate adjacent property facing the utility meters. Screening shall consist of landscaping, an architectural feature integrated into the building façade, a wall, or a fence.

Privacy Provisions. Second-story windows, balconies, and decks on side and rear building sides shall be located to avoid direct views from those windows, balconies, and decks into any immediately opposite windows and private recreation areas of residential dwelling units on adjacent properties. Where second-story windows are oriented toward an adjacent property's private recreation area, one or more of the following measures shall be provided:

High windows with a minimum sill height of six feet, as measured from the finished floor.

View-obscuring treatment such as wing walls.

Obscure, opaque, or frosted fixed (non-slider) windows.

A row of screening/canopy trees evenly spaced shall be placed along the property line(s), which shall be of a minimum height that blocks any direct views. Screening/canopy trees shall be maintained in perpetuity.

Landscaping. All setback areas and all areas not developed with walkways, parking, drive aisle, and private recreation areas shall be fully landscaped and irrigated. All development shall comply with the landscaping and irrigation requirements contained in Chapter 9.16 of this title.

Perimeter Block Walls. Each development shall provide a masonry perimeter wall with a minimum height of six feet, as measured from the highest point of the finished grade next to the wall, that shall comply with the following:

All perimeter fencing shall comply with the requirements contained in Section 9.12.040.140, Walls, Fences and Hedges.

New walls or fences shall not exceed a height of seven feet as measured from the finished point of grade next to the wall. At no time shall the overall height of the wall, as measured from adjacent neighbor's finished grade, exceed eight feet in height, except to the extent required by the City to comply with applicable site grading or water quality standards.

Fences or walls located within the front yard areas or adjacent to driveways shall not exceed 36 inches in height.

Perimeter walls located along any side street shall maintain a minimum setback of three feet from the property line. The area between the wall and property line shall be landscaped with tall growing shrubs or trailing vines to deter graffiti and shall be automatically irrigated.

The property owner shall work with the adjoining property owners in designing and constructing the perimeter block walls to avoid the use of double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.

All walls shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas. No wall or fence shall cause an exceedance of the applicable site distance standards set forth in City of Garden Grove Traffic Engineering Policy TE 13 or in any revised or updated standard or policy promulgated by the CIty.

If a six-foot high perimeter masonry wall already exists on site or on an adjacent property, no such wall shall be required for the new development.

Street facing perimeter block walls, whether new or existing, shall be decorative and utilize stucco finish, slump stone or split-face block, and shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti.

No security gates will be allowed unless the development complies with Section 9.12.040.200.B.3.

(2939 § 3, 2022; 2967, 8/12/2025)

§ 9.12.040.050 Special Requirements-Multiple-Family Residential.

In addition to those general requirements contained in Section 9.12.040.020, the following standards shall be required of all multiple-family residential development other than duplexes and triplexes in the R-2 and R-3 zones:

Separation and Stepbacks.

Separation of Main Buildings On-Site. (Separation of habitable portions only.)

Buildings (one, two, or three story) shall maintain a minimum separation of 10 feet;

Any building wall that has a main/primary entry to a dwelling unit facing any other building wall shall maintain a minimum separation of 15 feet;

The development shall comply with the privacy provision standards set forth in Section 9.12.040.040.S (Privacy Provisions).

Separation of Accessory Buildings, Parking Areas, and Vehicular Accessways.

Distance between accessory buildings and side and rear property lines shall be at least five feet, except that garages and carports may be placed on up to 50% of each interior side or rear property line;

Distance between two accessory buildings: minimum of five feet;

Distance between accessory buildings and residential units: minimum of five feet;

Distance between open and uncovered, guest parking areas and residential units: minimum of five feet;

Distance between vehicular accessways and residential units: minimum of five feet;

If a carport is located a minimum of five feet from a side or rear property line, the rear wall may have openings to allow view and accessibility to required landscaped area;

Separations, required under 9.12.040.020.A, only apply to first floor building areas. No separation is required for second and third floor building areas;

All separation areas required under 9.12.040.020.A shall be fully landscaped;

No pedestrian walkways/pathways shall be provided within any separation area required under 9.12.040.020.A unless that separation area is increased in width by a minimum of two feet. In such circumstances, landscaped areas shall have a minimum width of three feet;

No parking areas shall be designed in any manner that allows for a vehicle to overhang any required separation area;

If a main entry or required emergency egress window on the first floor (excluding clearstory windows), of a dwelling unit, faces a parking stall oriented 90 degrees to that entry of window and/or drive aisle, a minimum separation of 10 feet shall be provided.

Stepbacks. (See Figure 3a)

On any R-2 or R-3 zoned property adjacent to an R-1 zoned property, the second floor shall be stepped back a minimum of 20 feet from the property line, and any third-floor area shall be stepped back a minimum of 40 feet from the property line.

Stepbacks shall be measured from the required setback line.

Minimum Driveway Access Width. Driveways shall have a minimum width of 25 feet. Where garage doors are designed to swing out into the driveway, the minimum driveway width shall be 27 feet.

Figure 3a

Maximum Building Height Adjacent to R-1 Zone Property. For multiple-family residential projects in the R-2 or R-3 zone adjacent to an R-1 zoned property, the following shall apply:

The maximum building height for building areas, as measured to the topmost part of the roof, shall be as follows:

The maximum building height for first floor building areas is 20 feet.

The maximum building height for second floor building areas is 30 feet.

The maximum building height for third floor building areas is 35 feet.

High windows with a minimum sill height of six feet, as measured from the finished floor.

View-obscuring treatment such as wing walls.

Obscure, opaque, or frosted fixed (non-slider) windows.

Laundry Facilities. All multiple-family residential units shall have a laundry space located within the unit or within the private garage for that unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within the enclosed garage, the laundry equipment shall not encroach into the required interior garage parking area of 20 feet by 20 feet. In the case of apartments, common laundry facilities may be provided in lieu of private laundry facilities.

Storage Facilities. Each dwelling unit shall provide a minimum 120 cubic feet of private and secure storage space. Such space may be included either interior to the dwelling unit, within individual required parking areas in a manner that does not interfere with required parking spaces, or within an aggregated common storage area. Bedroom and kitchen closets do not count toward the required 120 cubic feet.

Garage Doors. All garages shall be equipped with automatic roll-up garage door openers that shall be maintained in an operable condition at all times.

Dwelling Entries.

All front entry doors that are designed to be parallel to any drive aisle and/or open parking area shall maintain a minimum separation of 10 feet from the drive aisle and/or open parking area.

Refuse Storage Areas.

All refuse container storage and collection areas shall meet the requirements of City of Garden Grove Standard B-502 and state-mandated commercial organic recycling regulations set forth in Public Resources Code Sections 42469.8-42469.86, as it may be amended from time to time, as well as any other applicable state laws related to refuse, recyclables, and/or organics.

No unit shall be located more than 300 lineal feet from a common refuse storage area; such distance shall measured by a clear pedestrian path to such areas.

Private and Common Open/Recreational Space Sites Under 14,400 Square Feet. Each development site under 14,400 square feet in area proposing multiple-family development shall provide private open spaces, common open/recreational spaces, or a combination thereof.

Any ground-level common open/recreational space shall provide a minimum five-foot-wide landscaped buffer along a property line(s) abutting an R-1 zoned property.

The combined usable private and common open/recreational space shall equal a minimum of 300 square feet per unit.

Private open space shall be located next to the unit served and accessed directly from a common area within the unit, such as a living room, family room, dining area, or kitchen.

Private open space in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof shall contribute to the required combined private and common open space areas and shall meet the following dimensions: A minimum of 60 square feet in area with a minimum horizontal dimension of six feet in any direction and a minimum vertical clearance of eight feet.

Common open/recreational spaces shall be connected to habitable areas via a pathway, paseo, walkway, trail system, or similar pedestrian access. Common open/recreational spaces shall not be connected to habitable areas via a vehicular driveway or path.

Rooftop decks may be counted toward the common open/recreational space requirement.

Deck or balcony areas provided on a building stepback area may be counted toward the common/recreational or private open space requirement.

Common open/recreational spaces shall have a minimum area of 225 square feet, 15 feet in any horizontal dimension.

Required setback areas shall not count toward any required private or common open/recreational space but may be located adjacent to such required open space areas to enhance and expand the open space function.

10.

Required common open/recreational space areas shall consist of any combination of landscaping and functional hardscape areas, such as seating areas, children's play areas, and sports courts.

11.

Up to 50% of the common open/recreational space may be provided as indoor common open/recreational areas, such as community rooms, business centers, and/or gyms.

Private and Common Open/Recreational Space — Sites Over 14,400 Square Feet.

Intent. The intent of this section is to ensure the provision of space for residents and guests of multiple-family housing to enjoy active and passive recreational activities in both private and common open/recreational spaces Common open/recreational spaces may include active and passive facilities, in both indoor and outdoor locations, as described and regulated by this section.

The combined usable private and common open/recreational space for the entire development shall equal a minimum of 300 square feet per unit.

Rooftop decks may be counted towards the common open/recreational space requirement.

Deck areas provided on a building stepback area may be counted toward the common or private open space requirement.

Up to 50% of the common open/recreational areas may be provided as indoor common open/recreational spaces.

Private Open Space.

Private open space shall be located exterior to and next to the unit served, and accessed directly from a common area within the unit, such as a living room, family room, dining area, or kitchen.

Private open space in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof meeting the minimum size requirements shall contribute to the required combined private and common open/recreational space areas. Private open spaces shall meet the following dimensions: A minimum of 60 square feet in area with a minimum horizontal dimension of six feet in any direction and a minimum vertical clearance of eight feet.

Common Open/Recreational Space.

Common open/recreational spaces, whether indoors or outdoors, shall be connected to habitable areas via a pathway, paseo, walkway, trail system, or similar pedestrian access. Common open/recreational spaces shall not be connected to habitable areas via a vehicular driveway or path.

The minimum area for at least one common open/recreational area, whether indoors or outdoors, shall be 900 square feet, with minimum horizontal dimensions of 30 feet in any direction. A project site may include more than one common open/recreational area. The combined common open/recreational area for a project site shall be as set forth in the table below.

If the minimal open space dimension standards for common open/recreation area set forth in this section cannot be met, but the net total of open space can be accomplished by reconfiguration, then the site plan may be approved with modifications. However, no more than 10 lineal feet may be reduced from any common open/recreational area dimension.

Table of Common Open/Recreational Area Requirements
Net Lot Area	Minimum Total Square Feet for Common Open/Recreation Areas
14,400 to 26,999 sf	900
27,000 to 39,599 sf	1,225
39,600 to 49,999 sf	1,600
50,000 to 69,999 sf	2,500
70,000 to 95,999 sf	3,600
96,000 to 199,999 sf	5,625
200,000 or more sf	9,025

Common Open/Recreation Area Amenities. Common open/recreation areas, whether indoors or outdoors, and whether passive or active, shall be designed to provide specific amenities as described below.

For active common open/recreational areas, amenities provided shall be based on the number of units proposed, as shown in the table below. The list of amenities is additive, meaning that up to the first five units, the amenity noted shall be provided (barbeque with table seating). Then for the next five units up to 10 units, in addition to the barbeque with table seating, a community garden area shall be provided. Then for the next five units up to 15 units, in addition to the barbeque with table seating and community garden area, an outdoor active use area shall be provided, and so on. Amenities provided may not be double-counted. By providing a higher quality amenity that meets the minimum Additive Amenity Ratio from further down the list, an applicant may substitute for the one listed for the project size under consideration. For example, a 15-unit project may substitute for one of the required barbeque with table seating, community garden area, or outdoor active use areas with any item further down the list, provided that the amenity meets the minimum additive amenity ratio for the number of units. The selection of amenities shall take into consideration the following criteria: size and shape of common open/recreation area, location and placement of buildings, diversity of recreational amenities, and number of units and/or lot size.

Active Common Open/Recreational Amenity Standards
Number of Units	Base Amenity Type and Minimum Size	Additive Amenity Ratio
0 to 5	Barbeque with Table Seating	1 barbecue and 2 tables in all cases, an additional 1 barbecue and 1 table at every multiple of 20 units thereafter
Up to 10	Community Garden Area — 32 sf minimum	8 sf/4 units
Up to 15	Flexible Outdoor Active Use Area — 400 sf minimum	50 sf/unit
Up to 20	Provide One of Two: • Business Center with Workstations — 2 minimum • Indoor or Outdoor Gym/Sport Facility — 250 sf minimum	• 1 Workstation/8 Units • 5 sf/1 Unit
Up to 35	Provide Two of Three: • Business Center with Workstations • Indoor or Outdoor Gym/Sport Facility — 250 sf minimum • Clubhouse with kitchen — 400 sf minimum	• 1 Workstation/8 Units • 5 sf/1 Unit • 5 sf/1 Unit
Up to 45	One In-Ground Outdoor or Indoor Spa	• 1 — 64 sf Spa at 45 Units • 2 — 36 sf Spas at 80 Units • 2 — 64 sf Spas at 100 Units
Up to 80	Provide One of Two: • In-Ground Pool — 500 sf minimum • ¹Children's Play Area — 500 sf minimum	• 10 sf/1 Unit • 10 sf/1 Unit
Up to 100+	One additional amenity from the list not otherwise provided	Same Rates for All Apply

Notes:
1.	May substitute 400 sf Wellness Facility for 55+ Age Restricted Developments, with an Additive Amenity Ratio calculated at five sf/one unit.

ii.

Passive Common Open/Recreational Space. Up to 50% of the total common open/recreational space provided may be developed and maintained as passive common open/recreational space consisting of landscape areas that incorporate pathways, waterscapes, and hardscape areas. Such passive open/recreational space shall have dimensions of no less than 10 feet in any direction, and shall be provided outdoors. Such passive open/recreational space areas shall be improved with at least three types of the amenities in the following list:

Pathways;

Benches/Tables;

Raised landscaped beds;

Gazebo or similar shade structure;

Community garden;

Outdoor game feature;

Water fountains or other water features;

Pet waste/care stations.

Common open/recreation facilities shall be buffered from any directly abutting R-1 single-family residential properties with a solid masonry wall at least six feet in height.

Pool pump and similar mechanical equipment shall not be located immediately adjacent to any abutting R-1 single-family residential property lines, and shall be enclosed or otherwise shielded to achieve the noise/land use compatibility standards set forth in GGMC Chapter 8.47 (Noise Control).

10.

Setbacks of Common Open/Recreational Spaces. The common open/recreational spaces may be located within side and rear setbacks, and building separation areas. Within any common open/recreational spaces that abuts a property line(s) or on-site building(s), a minimum three-foot separation shall be provided to said property line(s) or building(s).

Circulation, Pedestrian and Vehicular.

Every multiple-family residential development shall be designed to provide walkways that link parking areas to the primary access to each unit or, in the case of a common lobby entrance, to that lobby entrance. Such pedestrian walkways shall be separate from and free of conflict with vehicular accessways. Distinctive paving materials shall be used for the walkways to create a clear visual contrast to vehicular travel ways.

All developments consisting of six units or more shall provide directories placed at the development entry to guide motorists and pedestrians.

All driveways and circulation systems shall be designed to meet the standards of the City Engineer and shall be in compliance with all applicable standards of Sections 9.12.040.160 through 9.12.040.220 of this chapter.

(2939 § 3, 2022; 2967, 8/12/2025)

§ 9.12.040.060 Special Requirements-Small Lot Subdivisions.

The purpose of this section is to establish development standards for small lot subdivisions that will help create livable and safe communities.

Minimum Development Size.

The minimum lot size for a small lot subdivision shall be one acre.

There shall be a minimum of six lots for a small lot subdivision.

Development Site Setbacks. The following minimum setbacks shall be observed from the property line.

Developments located along any primary arterial, secondary arterial, or collector street shall maintain a minimum setback of 10 feet from the property line to the development's block wall.

The development site setback shall be in character with neighboring lots. The setback shall match the setback of the abutting lots up to a maximum setback of 15 feet. For example, if the development is adjacent to a property with a setback greater than 10 feet, the development's setback shall match the neighboring lot's setbacks. If there is more than one neighboring property with a setback greater than 10 feet, the development site shall match the setback of the least restrictive setback.

Every development setback shall provide landscaping along the perimeter in the form of screening and/or canopy trees staggered and/or clustered along the property lines.

Development Perimeter Block Wall. Each development shall provide a decorative masonry perimeter wall utilizing stucco finish, slump stone or split-face block, with a minimum height of six feet but not to exceed a maximum height of eight feet, as measured from the highest point of the finished grade on the site that complies with the following stipulations:

All perimeter fencing shall comply with the requirements as contained in Section 9.16.120 (walls, fences, and hedges).

At no time shall the overall height of the wall, as measured from adjacent neighbor's finished grade, exceed eight feet in height. A block wall with a height greater than eight feet may be considered if the City determines that such a height is necessary for sound protection, view protection, security, or other factors affecting the use and enjoyment of the property.

All fencing shall be designed with the vision clearance requirements of this chapter for cars entering or leaving the driveway and/or parking areas.

The property owner shall work with the adjoining property owners in designing and constructing the perimeter block walls to avoid the use of double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall and the space between walls shall be filled or capped.

Development Entrance.

The development's entrance shall be enhanced to provide a sense of neighborhood arrival. Entrance enhancement shall include elements such as signage, landscaping, decorative stamped concrete or pavers, water features utilizing reclaimed water, artwork, and boulevard median with landscaping. Development entrances shall include a minimum of three of these aesthetic improvements.

If the development includes a security gate(s), adequate access for ingress and egress of pedestrian and vehicular traffic shall be provided, subject to the requirements of the Public Works Department.

Common Recreational Area.

Small lot subdivisions with 10 or more units shall provide a minimum of 200 square feet per unit of common recreation area, which is accessible to all residents within the subdivision.

Common recreation area shall have minimum dimensions of 25 feet wide.

If the common recreation area is located between two-story buildings, minimum dimensions of 30 feet wide shall be maintained.

ii.

If the common recreation area is located between three-story buildings, minimum dimensions of 40 feet wide shall be maintained.

Consideration will be given to a reduction of the minimum width of the common recreation area when an additional 25% of common recreation area is provided above the minimum of 200 square feet required per unit.

A zero setback between the residences and the common recreation area shall be considered by the City if the building's front elevation is oriented toward the common recreation area.

Development Streets.

If on-street parking is provided on both sides of the development's streets, the streets shall maintain a minimum width of 36 feet, as measured from curb to curb.

If on-street parking is provided on one side of the street, the street shall maintain a minimum width of 28 feet, as measured from curb to curb.

If no on-street parking is provided on either side of the street, the street shall maintain a minimum width of 25 feet, as measured from curb to curb.

Development Sidewalks.

All development streets shall provide sidewalks.

All sidewalks shall maintain a minimum width of 48 inches.

Sidewalks shall be required on both sides of the street if on-street parking is provided on both sides of the street.

Sidewalks shall be required on one side of the street if on-street parking is provided on only one side of the street. The sidewalk shall be on the side of the street that allows parking.

Group Mailboxes.

If group mailboxes are part of the project design, the mailboxes should be located conveniently and in a safe location within the community.

Group mailboxes shall be illuminated with lights and fixtures similar to those used externally throughout the development.

Design and location of group mailboxes must conform to U.S. Post Office requirements.

Dwelling Front Yard Setbacks. All setbacks will be observed from the individual residential property parcel line.

A minimum front yard setback of 15 feet shall be maintained for lots located along a public street within the project.

A minimum front yard setback of 10 feet shall be maintained for lots located along a private street within the project.

Garages, with straight-in access to the garage, shall maintain a minimum setback of 19 feet. Garages with sweep drives may have a 15-foot setback from street property line.

Lots located adjacent to collector streets may have the front elevation of the residential unit orientated toward the collector street, and shall comply with the following:

The front yard setback shall be 20 feet.

Lots with a 20-foot front setback or more to the building may have a covered porch which may encroach up to five feet into the required 20-foot front yard setback.

Dwelling Rear Yard Setbacks. All setbacks will be observed from the development perimeter block wall or the individual residential property parcel line.

The rear yard setback for lots adjacent to the development's perimeter shall depend on the type of arterial to which the lot is adjacent.

Lots located adjacent to a primary or secondary arterial shall maintain a minimum setback of 30 feet, as measured from the rear elevation of the dwelling to the development's property line.

Lots located adjacent to a collector street shall maintain a minimum 25 feet, as measured from the rear elevation of the dwelling to the development's property line.

The rear yard setback for lots adjacent to other developments shall depend on the type of zoning of the neighboring properties.

Lots located adjacent to R-1 zoned property shall maintain a 20-foot rear yard setback to the property line.

Lots located adjacent to R-2, R-3, commercial, industrial, or open space zoned property shall maintain a 15-foot rear yard setback to the property line. The rear yard setback for lots that abut other lots within the same development shall maintain a minimum of 15-foot rear yard setback to the property line.

Permitted Intrusions Into the Rear Yard Setback. The following intrusions may be permitted into the required rear yard setback areas:

Open patios structures may be allowed with a seven-foot clearance to the rear property line to the edge of the open patio cover's posts.

A two-foot overhang past the posts shall be permitted on the patio cover's setback.

ii.

Enclosed patios are not permitted.

To accommodate oddly shaped lots, a five-foot reduction to the first floor rear yard setback is allowed, provided that the side yard setback is increased five feet to accommodate the required open space.

The side yard open space accommodation may include no space less than 10 feet in depth.

The open space in a reduced rear yard setback shall be used as passive open space.

Up to 50% of the buildings adjacent to primary arterials and secondary arterials shall be allowed to stagger into the rear setback and reduce the minimum setback of 30 feet to 26 feet to create a varying setback along arterials.

Buildings and developments with projections (e.g., bay windows, window seating) may encroach 30% of the structure's rear elevation four feet into the rear setback.

Dwelling Side Yard Setback. All setbacks will be observed from the development perimeter block wall or the individual residential property parcel line.

The dwelling shall be no less than four feet from the side property line.

Architectural features (e.g., chimneys) may be allowed to encroach a maximum of one foot into the required four-foot side setback, but at no time shall the distance be reduced less than three feet and no dwelling shall be closer than six feet.

If the lot is located adjacent to any street within the project, the dwelling shall be no less than eight feet from the side property line.

Block walls or fences adjacent to the street may encroach three feet into the eight-foot side street setback.

If the lot is located adjacent to any arterial or collector street, a minimum 20-foot side yard setback shall be provided from the side of the dwelling to the project's property line.

The side yard requirement between two buildings shall be omitted when dwelling units are built with zero lot lines. No dwelling shall be closer than six feet.

Table of Setbacks and Development Standards

Diagrams Indicating Building Setbacks

Figure 1: Diagram indicating building setbacks for the following: dwelling rear yard setback adjacent to a primary arterial; dwelling side yard setbacks adjacent to R-1 lots within the development project; and dwelling front yard setback adjacent to a public road within the project.

Figure 2: Diagram indicating building setbacks for the following: dwelling rear yard setback adjacent to an existing R-1 single-family residence; dwelling side yard setbacks adjacent a primary arterial and an R-1 lot within the development project; and dwelling front yard setback adjacent to a private road within the project.

Figure 3: Diagram indicating building setbacks for the following: dwelling rear yard setback adjacent to a collector arterial; dwelling side yard setbacks adjacent to an R-1 lot within the development project; dwelling side yard setback adjacent to an R-2 lot; and dwelling front yard setback adjacent to a private road within the project.

Dwelling Private Recreation Area. A private recreation area shall be provided for each unit. The private recreation area shall comply with the following standards:

Each dwelling unit shall have a private recreation area that shall have a minimum dimension of 15 feet by 20 feet wide.

The private recreation area shall be open and unobstructed from the ground to the sky.

The private recreation area shall be accessed directly from a public area, such as a living room, family room, dining area, or kitchen.

The private recreation area may be located within the interior side, street side, or rear setback areas.

Dwelling Height.

Dwellings located adjacent to all zones, except R-1, may be designed in a three-story configuration. Dwellings located adjacent to R-1 zones may be designed in a two-story configuration.

Dwellings adjacent to multiple-family, commercial, industrial, and/or open space zones shall not exceed a maximum of three stories with a maximum building height of 35 feet.

Third story living area floor space shall be limited to a maximum of 50% of the first story floor space.

ii.

The dwelling's second story may cantilever over the first story by a maximum of three feet in the rear of the building.

Dwellings adjacent to R-1 zones shall not exceed a maximum of two stories with a maximum building height of 30 feet.

The dwelling's second story may cantilever over the first story by a maximum of three feet in the rear of the building.

Where second-story windows are oriented toward an adjacent property's private recreation area, one or more of the following measures shall be provided:

High windows with a minimum sill height of six feet, as measured from the finished floor.

View-obscuring treatment such as wing walls.

Obscure, opaque, or frosted fixed (non-slider) windows.

Building Design. Each project shall be designed to include architectural design approaches that include all of the following elements:

Rooflines that have at least two changes in orientation and/or pitch.

For buildings that have a front façade greater than 20 feet in length, the building shall have a break in the façade plane of a minimum depth of three feet for every 20 feet of frontage.

Architectural accents and materials shall reflect the architectural style used, as defined in A Field Guide to American Houses. This shall apply to roof forms and materials, window shapes, accent materials, decorative columns, porches, balconies, and decorative trim on all windows and doors.

Required Parking and Enclosed Garages. The parking requirements for small lot subdivision dwellings shall be a minimum of 3.75 spaces per unit.

The required parking shall be provided in the form of a two-car enclosed garage for each unit, and will count as two parking spaces for the unit.

The garage shall maintain a minimum interior parking area of 20 feet wide by 20 feet deep. An additional third car enclosed parking space may be added, provided its dimensions are not less than 10 feet wide by 20 feet deep.

All garages shall be equipped with automatic roll-up door openers.

A guest parking space shall be located in front of the enclosed garage in the driveway with a minimum length of 19 feet, and will count as one for the unit.

All guest parking spaces on a private driveway shall be open and uncovered.

For every dwelling unit, there will be 0.75 parking spaces provided for guests on the development's streets or in designated guest parking areas.

Driveways. Private driveways shall service each residential lot and shall have a minimum width of 16 feet.

No shared driveways between lots shall be permitted.

All new single-family dwellings shall have vehicle access from the development's streets, and shall not be accessed from an arterial or collector street.

Storage Facilities. Each dwelling unit shall provide a minimum of 150 cubic feet of private and secure storage space.

The storage area may be provided within the unit, within the enclosed garage, if the storage area does not interfere with the 20 feet by 20 feet of vehicle parking, or located elsewhere on the property.

Normal closets and cupboard space located within the unit shall not count toward meeting the storage requirement.

Utility Meters. All above ground utility meters, including, but not limited to, water meters, gas meters, or irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. All above ground utility meters shall be completely screened from view from both on and off the property.

Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisle, and private recreation areas, shall be fully landscaped and irrigated.

All unpaved areas shall be planted with landscaping in accordance with the landscape requirements of this chapter.

Water-efficient landscape documentation shall be required for all new and rehabilitation landscaping.

Adjacent uses shall be considered when designing landscaping to mitigate negative impacts on parking areas, outdoor activities, storage, or other structures by appropriate screening methods.

Where existing mature landscaping is in good, healthful condition, every effort shall be made to retain and to incorporate said landscaping into the overall landscaping theme.

(2939 § 3, 2022)

§ 9.12.040.070 Landscaping-Purpose.

To establish landscape standards and water waste prevention in order to mitigate the effects of urbanization and excessive water use on the environment and to provide an aesthetically pleasing urban setting, this title establishes water-efficient landscape design standards consisting of maximum applied water allowance, plant material percentages, and standards for design, quantities, location, species types, combinations of plant types (i.e., shrubs and groundcover) and size and shape of materials. The City recognizes the importance of landscaping and water efficiency to the health and well-being of the community, and desires to enhance the overall appearance of development projects in the City. It is the intent of this section to establish a measure of uniformity in landscaping that will provide a structure for designing, installing and maintaining water-efficient landscapes for new projects as well as providing a mechanism to require updating and upgrading of existing landscaping in existing developments when improvements are intended.

§ 9.12.040.075 Definitions.

The following definitions are applicable to this title:

"Applied water"

means the portion of water supplied by the irrigation system to the landscape.

"Budget-based tiered-rate structure"

means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.

"Ecological restoration project"

means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Effective precipitation"

means the portion of total precipitation that is used by plants. Precipitation is not a reliable source of water, but can contribute to some degree toward the water needs of the landscape.

"Estimated applied water use" or "EAWU"

means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. The EAWU is based on the reference evapotranspiration rate (ETo), the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.

"ET adjustment factor" or "ETAF" (evapotranspiration adjustment factor)

is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration (ETo), using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this section, and the Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

"Guidelines"

refers to the Guidelines for Implementation of the Landscape Water Efficiency Provisions, as adopted by the City Council, and as subsequently amended by resolution of the City Council, which describes procedures, calculations, and requirements for landscape projects subject to this section. The Guidelines are attached to Title 9, City of Garden Grove Municipal Code, as Appendix 1 and may be amended from time to time by resolution of the City Council.

"Hardscapes"

means any durable material or feature (pervious or non-pervious) installed in or around a landscaped area, such as pavements, pavers, stonework or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this section.

"Homeowner installed landscape"

means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for purposes of this section, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this section to the requirements applicable to developer-installed residential landscape projects.

"Hydrozone"

means a portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or non-irrigated. For example, a natural area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.

"Irrigation efficiency"

means the measurement of the amount of water beneficially used; divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this section is 0.71. Greater irrigation efficiency can be expected from well-designed and maintained systems.

"Landscaped area"

means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance and estimated applied water use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

"Landscape contractor"

means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

"Landscape documentation package"

means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.

"Landscape project"

means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 9.12.040.085, subsections A, B and C of this section.

"Landscape water efficiency provisions"

means the following sections and paragraphs of this chapter relating to landscape water efficiency: Sections 9.12.040.070; 9.12.040.075; 9.12.040.085; 9.12.040.090 (introductory paragraph); 9.12.040.090 paragraphs B, P, Q, R, S and T; and 9.12.040.110 paragraph C.

"Local agency"

means a local water purveyor or city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and/or enforce any of the provisions of this section on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this section, including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

"Local water purveyor"

means any entity, including a public agency, city, county, or private water company that provides retail water service.

"Maximum applied water allowance" or "MAWA"

means the upper limit of annual applied water for the established landscaped area as specified in the Guidelines. The MAWA is based upon the area's reference evapotranspiration (ETo), the ET adjustment factor (ETAF), and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

"Mined-land reclamation projects"

means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"New construction"

means, for the purposes of this section, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.

"Non-pervious"

means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

"Overspray"

means the water that is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas.

"Pervious"

means any surface or material that allows the passage of water through the material and into the underlying soil.

"Permit"

means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

"Plant factor" or "plant water use factor"

is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this section, the plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this section are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

"Rain-sensing device"

means a system that automatically shuts off the irrigation system when it rains.

"Recycled water" or "reclaimed water"

means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" or "ETo"

means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis for determining the maximum applied water allowances.

"Rehabilitated landscape"

means any re-landscaping project that meets the applicability criteria of Section 9.12.040.085.A, where the modified landscape area is greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are planned to occur within one year.

"Runoff"

means water that is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

"Smart automatic irrigation controller"

means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"Special landscape area"

means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

"Turf"

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

"Valve"

means a device used to control the flow of water in an irrigation system.

"Water feature"

means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

§ 9.12.040.080 Landscaping-General Provisions.

General landscaping requirements as defined herein shall be provided in all zones.

Parcels shall provide landscaping in all areas not covered by buildings, structures, patios or driveways.

For the purpose of this section, the front yard shall be defined as the front yard setback.

The following regulations are for maximum coverage of hardscape.

The maximum permitted hardscape coverage in the front yard setback shall be 50%, inclusive of driveways and pedestrian walkways.

The measurement of the front yard setback shall be from the back of sidewalk or street dedication line. The public parkway area between the curb and sidewalk must be fully landscaped.

All developed properties shall be required to be in compliance with the provisions of this subsection when any building additions of one or more square feet are proposed.

It is not the intent of this section to require identical landscape materials or landscape designs for all developments. Where existing mature landscaping is in good, healthful condition, every effort shall be made to retain and to incorporate said landscaping into the overall landscape theme.

The hearing body may, through the site plan review procedure, modify the requirements with consideration to the size and species of trees used, and may require landscaping in excess of the minimum area specified for a proposed development in order to achieve a superior project.

Adjacent uses shall be considered when designing landscaping to mitigate the negative impacts of parking areas, activities, storage or structures by appropriate screening measures.

Every effort shall be made to provide landscaping that is compatible with neighboring uses.

All unpaved areas shall be planted with an effective combination of trees, grass berms, ground-cover, lawn, shrubbery and/or approved dry decorative landscape material.

(2939 § 3, 2022; 2947, 11/28/2023)

§ 9.12.040.085 Landscaping Water Efficiency.

Beginning January 1, 2010, the landscape water efficiency provisions shall apply to all planting, irrigation, and landscape-related improvements for projects included within the following categories:

New landscape installations or landscape rehabilitation projects by public agencies or private nonresidential developers, except for cemeteries, with a landscaped area, including pools or other water features, but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature.

New landscape installations or landscape rehabilitation projects by developers or property managers of single-family and multifamily residential projects or complexes with a landscaped area, including pools or other water features, but excluding hardscape, equal to or greater than 2,500 square feet, and which are otherwise subject to discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature.

New landscape installation projects by individual homeowners on single-family or multifamily residential lots with a total project landscaped area, including pools or other water features, but excluding hardscape, equal to or greater than 5,000 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require a ministerial permit for a landscape or water feature.

The irrigation design criteria found in subsection T.1.c.ii of Section 9.12.040.090 (Landscaping Requirements) shall apply to:

All landscaped areas, whether installed prior to or after January 1, 2010; and

All landscaped areas installed after January 1, 2010 to which Section 9.12.040.085.A is applicable.

The water efficient landscape regulations do not apply to the following:

Registered local, state, or federal historical sites;

Ecological restoration projects that do not require a permanent irrigation system; or

Mined-land reclamation projects that do not require a permanent irrigation system; or

Plant collections, as part of botanical gardens and arboretums open to the public.

Required Submittals. The following submittals shall be required for all landscape projects subject to the landscape water efficiency provisions:

Prior to installation, a landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this section. Any landscape documentation package submitted to the City shall comply with the provisions of the Guidelines.

The landscape documentation package shall include a certification by a professional, appropriately licensed in the State of California, stating that the landscape design and water use calculations have been prepared by, or under, the supervision of the licensed professional and are certified to be in compliance with the provisions of this section and the Guidelines.

Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the Water Department, as appropriate, under procedures determined by the City.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion in conjunction with a certificate of use and occupancy or permit final process, as provided in the Guidelines.

§ 9.12.040.090 Landscaping Requirements.

All landscaping shall comply with the landscape water efficiency provisions where applicable. When conflicts between general landscape requirements and the landscape water efficiency requirements found in this section and the Guidelines exist, the landscape water efficiency requirements shall have priority.

Minimums. All required landscaped setback areas, including front, rear, side, side street, and landscaped areas within parking lots, shall meet the requirements prescribed herein.

Percentage. Ten percent of all parking areas for nonresidential uses permitted in multiple-family residential zones, excluding required setbacks and building footprints, shall be landscaped.

Parking Lot Landscaping.

Size. For parking facilities, a variety of tree sizes is required for every 10 parking spaces. Trees must be a minimum of 15-gallons diameter with a one-inch caliper trunk, eight feet in height with a two-and-one-half-foot head or larger. These trees may be grouped or clustered and shall conform to the matrix of plant materials established by the City Manager or designee.

Street Frontage. One 24-inch box tree of a two-and-one-quarter-inch caliper trunk diameter, 10 feet in height, and a five-foot head is required for every 20 feet of street frontage. (These trees may be grouped or clustered.) All trees shall be placed within a root barrier per city of Garden Grove street tree planting detail specifications.

Area. Minimum landscaped area that may be counted is 24 square feet.

Trees.

No trees shall be planted under any eave, overhang or balcony.

All trees in landscape planters 10 feet in width or less shall be provided with tree root barricades.

Tree Numbers.

Parking area—One per eight spaces;

Street setbacks—One per 20 linear feet.

Tree Size. Forty percent of the trees on a site shall consist of minimum size 24-inch box, and the remaining 60% shall be of minimum size 15 gallons.

Tree Staking. All trees shall be double staked in accordance with City standards.

Planter Width. The minimum width of all planters shall be three feet clear, interior dimensions, not inclusive of retaining curb or wall.

Shrubbery. Fifty percent of all required shrubs shall be a minimum size of five gallons at time of planting.

Groundcover.

Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants, but not more than 30% of the groundcover area shall have the mulch substitute.

All areas required to be landscaped shall be covered with turf, non-deciduous groundcover or other types of plantings. Artificial turf may be used as a groundcover within the R-1 (Single-Family Residential) zone, provided the turf allows for penetration of irrigation and stormwater runoff, as described in subsection N (Substitute Landscaping), below.

Groundcover Spacing. Groundcover plants shall be planted at a density and spacing necessary for them to become well established and provide surface coverage within 18 months of planting.

Paved Areas. Only those portions that are required by municipal code or by site plan to be used directly for parking spaces, aisles, refuse storage areas, drives or walkways shall be paved. All other areas not needed for the above shall be landscaped. Patios may be paved.

Excess of Minimum Areas—Authority. The hearing body may require landscaping in excess of the minimum area specified for a proposed development, provided that the additional landscaping is necessary to:

Screen adjacent objectionable uses, parking areas, activities, storage or structures that could cause a negative impact on new development based on aesthetics, noise, odors, etc.; or

Provide landscaping that is compatible with neighboring uses; or

Screen the use from neighboring negative impacts such as traffic, outside storage, etc.

Landscape Plans.

Each landscape plan shall be compatible with the shape and topography of the site and the architectural characteristics of the structure(s) on the site.

Each landscape plan shall be compatible with the character of adjacent landscaping, provided the quality of the adjacent landscaping meets the standard of these guidelines.

Each landscape plan shall illustrate a concern for design elements such as balance, scale, texture, form and unity.

Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade and reduction of glare.

Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas and solar panels.

Landscaping shall be used to relieve solid, unbroken elevations and to soften continuous wall expanses.

The applicant must submit a planting inventory and plan of existing planting materials on a development site that are to be retained. Every effort shall be taken to ensure that mature existing landscaping is utilized as part of the development plan. A landscaping retention program shall be approved by action of the hearing body, at its discretion.

Substitute Landscaping.

Materials such as crushed rock, decomposed granite, redwood chips, pebbles and stone may be used in lieu of live plant materials for up to 30% of the required landscape coverage area. Artificial plants and synthetic groundcovers are prohibited.

Artificial turf is permitted, provided it complies with the following criteria:

Artificial turf shall have a minimum eight-year "No Fade" warranty.

Artificial turf shall be installed pursuant to manufacturer's requirements.

Artificial turf shall be of a type known as cut pile infill, and shall be installed over a compacted and porous road base material, and shall be anchored at all edges and seams. Artificial turf may not be layered over concrete or other nonporous surfaces, according to the manufacturer's specifications for installation. A proper drainage system shall be installed underneath the turf to prevent excessive run-off or pooling.

Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. The turf shall be maintained in a green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions. An infill medium consisting of clean washed sand or other approved mixture shall be brushed into the fibers to ensure that the fibers remain in an upright position, and to provide ballast that will help hold the turf in place and provide a cushioning effect.

The use of indoor or outdoor plastic or nylon carpeting as a replacement of artificial turf or natural turf shall be prohibited. No rubber infill is permitted.

Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.

Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included in the overall landscape design when installing artificial turf. Living plant material shall include shrubs, vines, trees, and flowering groundcovers and shall constitute a minimum of 25% of the landscape area.

Artificial turf shall be separated from flower beds by a concrete mow strip, bender board, or other barriers acceptable to the City to prevent intrusion of living plant material into the artificial turf.

Artificial turf in front yards shall be limited to 75% of required landscape area.

Screening.

Landscaping shall be required to screen storage areas, trash enclosures, public utilities, freeways, highways and other similar land uses or elements that do not contribute to the enhancement of the surrounding area. Where plants are required for screening, such screening shall consist of the use of evergreen shrubs and/or trees closely spaced. Berming is suggested as an effective screening measure for parking lots and where adjacent site areas are contiguous to street frontages. Such berming with planting shall not exceed 36 inches above the highest adjacent curb.

Perimeter landscaping adjacent to the property lines is required in parking areas. Planter area curbs shall be used in place of wheel stops.

Separation.

All landscaping shall be separated from parking and vehicular circulation areas by a raised, continuous six-inch Portland cement concrete curb.

Other materials that accomplish the same purpose may be approved by the hearing body through the site plan review process.

Arterial Site Entries.

Unless otherwise delineated, all developments having a contiguous property line to a primary or secondary arterial highway shall observe a 15-foot setback that shall be landscaped. All other non-arterial highways shall observe a 10-foot setback, unless otherwise delineated by the governing zone.

Landscaping at major entry points are considered the focal points for landscaping emphasis, and shall contain a variety of trees, flowers and shrubs with special concern for visibility and safety.

No landscaping material other than trees shall exceed a height of 36 inches above the highest adjacent curb at street entrances and parking lot accessway intersections.

No berming, with or without landscaping materials, at street entrances and parking lot accessway intersections shall exceed a total height of 36 inches above the highest adjacent curb.

All trees whether singularly placed or placed in clusters shall not inhibit standard visibility parameters.

Parking may be designed to overhang landscaped areas. Maximum permitted overhang is two feet where planter areas have a minimum dimension of five feet or more. Otherwise, concrete wheel stops shall be installed. Any broken or damaged wheel stops shall be replaced.

Landscaping and Irrigation Plans Required. Landscape and irrigation plans shall be required for all projects requiring approval by the hearing body and to which the landscape water efficiency provisions apply, except for individual homeowners on single-family or multifamily residential lots that have a total project landscape area, including pools or other water features, but excluding hardscape that is less than 5,000 square feet. Such plans shall be submitted for discretionary approval to the hearing body. Said plans shall be prepared in accordance with requirements and standards established pursuant to this chapter and the Guidelines (specifically refer to sections on Landscape Design Plan and Irrigation Design Plan).

In addition to the above, the following are requirements that shall apply to the landscape design plan and are more fully explained in the Guidelines (Appendix 1, Title 9):

Any plants may be used in the landscape, providing the estimated applied water use recommended does not exceed the maximum applied water allowance, and that the plants meet the specifications set forth in this section.

Plants having similar water use shall be grouped together in distinct hydrozones.

Plants shall be selected appropriately based upon their adaptability to the climatic, geologic and topographical conditions of the site. Protection and preservation of native species and natural areas are encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this section. To encourage the efficient use of water, the following are highly recommended for inclusion in the Landscape Design Plan:

The Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;

The horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, and power lines); and

The solar orientation of the site and how plant placement will maximize summer shade and winter solar gain.

Irrigation Requirements.

All landscaped areas shall be provided with an approved irrigation system that meets the requirements of this section and the Guidelines. An Irrigation Design Plan meeting the design criteria in the Guidelines shall be submitted as part of the landscape documentation package for those projects subject to the landscape water efficiency provisions in Section 9.08.040.055.A.

Irrigation shall be performed in conformance with city ordinances and with water conservation practices.

System Design. For the efficient use of water, an irrigation system shall meet all the requirements listed in the Guidelines under Section 2.5, Irrigation Design Plan, and the manufacturers recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An Irrigation Design Plan meeting the design criteria of the Guidelines shall be submitted as part of the landscape documentation package.

In addition to the above, the following are requirements that shall apply to the Landscape Design Plan.

Irrigation Design Criteria.

Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray or other similar conditions where irrigation water flows onto non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes (walks, etc.), roadways or structures.

Special attention shall be given to avoid runoff on slopes and to avoid overspray on narrow and irregularly shaped areas, including turf, less than eight feet in width in any direction. Such narrow and irregularly shaped areas shall be irrigated with subsurface irrigation or a low volume overhead irrigation system.

Irrigation Efficiency.

For applicable landscape installations or rehabilitation projects subject to Section 9.08.040.055.A, the estimated applied water use allowed for the landscaped areas shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0; or the design of the landscaped areas shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided in the Guidelines.

ii.

Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the water services division, or as mutually agreed by the water services division and the local agency.

iii.

The project applicant shall understand and implement the requirements in the City of Garden Grove Water Conservation Ordinance.

Equipment. The Guidelines provide design criteria for irrigation equipment in Section 2.5 "Irrigation Design Plan."

Recycled Water.

At such time as recycled water is available, the installation of recycled water irrigation systems (dual distribution systems) shall be required to allow for the current and future use of recycled water.

Irrigation systems shall make use of recycled water unless a written exemption has been granted by the local water agency, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future.

The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes.

Irrigation Design Plan Specifications. Irrigation systems shall be designed to be consistent with hydrozones. Hydrozone areas shall be designated by number, letter, or other designation on both the Irrigation Design Plan and the Landscape Design Plan. The Irrigation Design Plan shall be separate from, but use the same format as, the Landscape Design Plan. The scale shall be the same as that used for the Landscape Design Plan. The Irrigation Design Plan, at a minimum, shall contain:

Location and size of separate water meters for the landscape;

Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers and backflow prevention devices;

Static water pressure at the point of connection to the public water supply;

Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station;

Irrigation schedule parameters necessary to program smart timers specified in the landscape design;

The following statement: "I have complied with the Landscape Water Efficiency Provisions and the design criteria in the Guidelines and applied them accordingly for the efficient use of water in the Irrigation Design Plan"; and

The signature of a California-licensed landscape professional.

Maximum Applied Water Allowance. A project's maximum applied water allowance shall be calculated in a manner acceptable to the City, as provided in the Guidelines.

Irrigation Schedules. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

Irrigation scheduling shall be regulated by automatic irrigation controllers.

Overhead irrigation shall be scheduled in accordance with the local water purveyors (City of Garden Grove, Water Services Division) Water Conservation Ordinance. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

Certificate of Completion.

Landscape project installation shall not proceed until the landscape documentation package has been approved by the City and any ministerial permits required are issued.

The project applicant shall notify the City at the beginning of the installation work and at intervals, as necessary, for the duration of the landscape project work to schedule all required inspections.

Certification of completion of the landscape project shall be obtained through a certificate of use and occupancy or a permit final. The requirements for the final inspection and permit closure include submittal of:

A landscape installation certificate of completion in the form included as Appendix D in the Guidelines, which shall include: (1) certification by a landscape professional that the landscape project has been installed per the approved landscape documentation package; and (2) the following statement: "The landscaping has been installed in substantial conformance with the design plans, and complies with the City of Garden Grove Landscape Water Efficiency Provisions."

ii.

Documentation of the irrigation scheduling parameters used to set the controller.

iii.

An irrigation audit report from a certified irrigation auditor, documentation of enrollment in regional or local water purveyors water conservation programs, and/or documentation that the MAWA and EAWU information for the landscape project has been submitted to the local water purveyor, may be required at the option of the City.

(2939 § 3, 2022; 2947, 11/28/2023)

§ 9.12.040.100 Landscaping-Compliance.

Any modification to an approved landscape or irrigation plan must be approved by the hearing body prior to installation of said landscaping or irrigation.

All approvals of such plans are subject to and dependent upon the applicant complying with all applicable ordinances, codes, regulations, adopted policies and the payment of all applicable fees and assessments.

No final inspection or occupancy clearance will be granted until all of the landscaping and irrigation is installed in accordance with the approved plans.

Landscaping and irrigation systems shall be located and designed as specified on the approved plans.

(2939 § 3, 2022)

§ 9.12.040.110 Landscaping-Maintenance Requirements and Violations.

Maintenance. All landscaping shall be maintained. Maintenance of landscaping areas shall include, but not be limited to, the following:

Irrigation equipment shall be in working condition at all times.

Litter shall be removed from all landscaped areas in a timely fashion.

All sod areas shall be mowed on a regular basis. Sod areas shall at all times be kept green. Accumulation of leaves, bark and other similar plant materials shall be removed in a timely fashion. Planting areas must be kept in a weed free fashion.

Landscaping maintenance shall include pruning, cultivating, weeding, fertilizing, replacement of plants and watering on a regular basis.

Landscape maintenance shall also include pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or that causes detriment to neighboring properties or property.

Landscape maintenance shall also include the removal of dead, decayed, diseased or hazardous trees, weeds and debris constituting unsightly appearance, dangerous to public safety and welfare or detrimental to neighboring properties or property values. Compliance shall be by removal, replacement or maintenance requirements.

Any removal of mature landscaping must be replaced with landscaping of similar size and maturity as that which was removed.

Violations. Use of landscaped areas for purposes other than for landscaping as approved in the landscape plan shall be a misdemeanor. Willful failure to maintain the landscaping shall be punishable by fine, or by imprisonment, or both fine and imprisonment.

Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the landscape water efficiency provisions on behalf of the City.

(2939 § 3, 2022)

§ 9.12.040.120 Walls, Fences and Hedges-Purpose and Intent.

The purpose of this section is to establish regulations for yard areas, fence heights, setback distances, vision clearances and building separations. This section addresses those development standards not found within each specific code section, due to these items having applicability to various code sections, as well as various development applications. The intent of this section is to provide regulations that establish a reasonable degree of uniform application, provide standards that supplement the individual code sections under Title 9, and maintain the intent and purpose of the General Plan.

(2939 § 3, 2022)

§ 9.12.040.130 Walls, Fences and Hedges-Heights and Yards.

Height of Unique Structures. Penthouses or roofs structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, wireless masts and similar structures are permitted to be erected above the height limits by this chapter, provided they do not exceed a height of 15 feet above the structure to which it is attached. No penthouses or roof structure, nor any other space above the height limit allowed for the zone in which the building is located, shall be allowed for the purpose of providing additional usable floor space, except that usable floor space may be provided above this height for churches, and public, private or parochial schools, when employed in a unique structure, tower or spire, subject to the approval of a conditional use permit. Specialized buildings or structures that, for technological purposes, may be erected to heights greater than the height limits herein prescribed, and may contain additional floor space above the prescribed limit when necessary to the operating of the equipment and processing within the building, subject to conditional use permit.

Yard Regulations. Except as provided elsewhere in Title 9, every required yard shall be open and unobstructed from the ground to the sky.

Modification of Required Front Yard Setback Where Nonconformities Exist. Unimproved lots located between lots that have nonconforming setbacks may be developed with a reduction in setback of up to five feet, but in no instance shall the front yard setback be less than 15 feet.

Application of Required Front Yard Setback for Properties Having 15-Foot and Properties Having Greater Than 15-Foot Setbacks. Those properties that have existing, established 15-foot front yard setbacks may have new construction at that setback distance granted, provided that it does not obscure vision clearance, create traffic hazards or future street widening problems. In addition, the 15-foot setback at no time shall be permitted for a garage having a straight-in driveway approach. The garage may be set back at 15 feet only if the garage door is perpendicular to the street. Those properties developed with single-family homes having established setbacks greater than 15 feet and adjoining properties having greater than 15-foot setbacks shall adhere to the prescribed 20-foot front yard setback under the R-1 zone. Deviation from this latter provision would require the filing and approval of a variance.

Yard Requirements for Property Abutting Half-Streets or Streets Designated by a Specific Plan.

No property shall develop half-streets.

A building or structure shall not be erected on a lot that abuts a street having only a portion of its required width dedicated or potential subdivision dedication and where no part of such dedication would normally revert to said lot if the street were vacated, unless the yards provided and maintained in connection with such building or structure have a width or depth of that portion of the lot needed to complete the road width plus the width or depth of the yards required on the lot by this chapter, if any. This section applies to all zones and area districts. Where a specific plan or other legislation adopted pursuant to law includes plans for the widening of existing streets or alleys, the connecting of existing streets or alleys or the establishment of new streets or alleys, the placement of buildings and the maintenance of yards, where required by this chapter, shall relate to the future street or alley boundaries as determined by said precise plan or legislation.

Modification of Required Front Yards on Lots Fronting on the Curves of Cul-de-Sacs or Knuckles. Where the street pattern of a subdivision includes lots fronting upon cul-de-sac turnarounds or knuckle widenings at right angles or approximate right angle turns in a street, and where such fronting lots by reason of the cul-de-sac or knuckle creating a greater street width with the resultant reduced depth of fronting lots, the required front yard may be reduced in the following manner:

Any lot fronting entirely on an arc formed by a knuckle or cul-de-sac, the front setback shall be no less than one-half the required setback for that zone with the provision that no setback shall be less than 10 feet. The prescribed setback shall be measured by maintaining a constant parallel arc to the front property line.

Where lots have only a portion of the property located on a cul-de-sac, knuckle, reverse curve or where the street widens from the established parallel right-of-way, that portion where the reduction occurs may have the front yard setback reduced in the following manner. The setback shall be determined by first locating a point of reference on the property line, of the subject lot, that establishes the required setback for that zone in which the property is located. The second point of reference shall be established by locating a point on the property line establishing the property's depth from street's arc, by locating the point one-half the required setback for that zone and in no instance shall the setback at any point along the property street frontage be less than 10 feet. Once the two points are established, a line is drawn from one point to the other, thus reflecting the front yard setback.

The allowed setback deviation at no time shall permit any covered or uncovered parking spaces to be located less than 20 feet from property line if the garage access is directly straight in from the street.

Vision Clearance, Corner and Reverse Corner Lots. All corner lots and reverse corner lots subject to yard requirements shall maintain, for safety vision purposes, a triangular area one angle and two sides of which shall be formed by the intersection of the lot front and side lines or their projection to a point of intersection, and the sides of such triangle forming the corner angle shall each be 25 feet in length measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting those points that are distant 25 feet from the intersection of the lot front and side lines or the intersection of their projection, and within the area comprising said triangle, no tree shall be allowed nor any fence, shrub or other physical obstruction higher than 36 inches above the established grade shall be permitted.

Permitted Intrusions Into Required Yards. The following intrusions may project into any single-family development required yard, but in no case shall such intrusion extend more than two feet into any required yard, except as provided below. Any such extension shall not reduce any remaining side yard or rear to a width less than three feet.

Cornices, eaves, belt courses, sills, buttresses, or similar architectural features, may extend into the front yard not more than four feet.

Fireplace structures not wider than eight feet measured parallel to the wall of which it is a part.

Planting boxes or masonry planters, not exceeding 42 inches in height, may extend not more than four feet into the required front yard.

Guard railings for safety protection around ramps may be 42 inches in height.

Waiver of Zone Separation Setback. When commercial or industrial property has a common property line with R-zoned property that is a right-of-way for a street, highway, freeway, railroad, or flood control channel, the hearing body may waive the requirement for a 10-foot setback for buildings and structures.

When the strict and literal application of Title 9 of this code requiring the narrow dimension to be the front of a corner lot prevents the lot from being developed to its fullest and best use, the hearing body may determine which side of a corner lot in any zone is the front for purposes of applying requirements for setbacks; wall, fence and hedge heights; parking; and landscaping.

(2939 § 3, 2022)

§ 9.12.040.140 Walls, Fences and Hedges.

All fences shall be measured from the highest elevation on the subject lot. At no time shall any perimeter wall around a new development be less than six feet from the highest grade elevation on the subject lot.

Wall, Fence or Hedge May Be Maintained.

In any "R" zone a wall, fence or hedge 36 inches in height may be located and maintained on any part of a lot. If fences in the front yard are 36 inches in height and include pilasters, the pilasters may be extended up an additional six inches above the allowed height.

On interior lots, a fence, wall or hedge not exceeding seven feet in height may be located anywhere on the lot to the rear of the line of the required front yard.

On corner lots, a fence, wall or hedge not exceeding seven feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard, unless the lot rears upon an alley, in which case on the rear property line and the side street property line a fence more than 36 inches in height may not extend within a triangle, two sides of which shall be the rear property line, and the side street property line measured from the point of intersection of such lines 10 feet in each direction, and the third side of which shall be a straight line connecting such two points.

On reverse corner lots, a fence, wall, or hedge not exceeding seven feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard. Any such fence shall observe the triangular area of the required side yard on the side street side at the rear of corner lots. When the dwelling unit(s) on the lot abutting the rear line of said reversed corner lot front(s) a property line(s) other than the front line, the triangular area observance may be waived or modified subject to the approval of the hearing body.

On corner lots or reverse corner lots, if a vehicular entrance is provided from the side street side, an area for safety vision clearance shall be maintained on each side of the driveway. Such area for vision clearance shall be defined by a diagonal line beginning at the intersection of the edges of the driveway and the inside line of the required side yard and extending away from the driveway at an angle of 45 degrees to the edge of the driveway toward the side street property line of the lot.

The provisions of this section shall not apply to fences required by the state to surround and enclose public utility installations, or to chain link fences enclosing school grounds and public playgrounds.

Where a retaining wall protects a cut below the natural grade, and is located on the line separating lots or parcels, the retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed.

Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge, provided that in any event a protective fence or wall not more than 36 inches in height may be erected at the top of the retaining wall. Any portion of a fence above the seven-foot maximum height shall be an openwork fence. An openwork fence means a fence in which the component solid portions are evenly distributed and constitute not more than 60% of total surface area of the face of the fence.

No wall, fence or hedge exceeding 42 inches in height may be located in open space required between buildings used for human habitation when the buildings are situated front to front, front to rear, or front to end.

10.

A wall or fence not exceeding eight feet in height may be constructed along that portion of a lot or parcel that abuts a freeway right-of-way; provided that: said wall or fence does not extend into any front yard.

11.

Any other provision of the chapter notwithstanding, a wall, fence or hedge that is provided along a common boundary line separating property used for commercial or industrial purposes from "R" zoned property and that is permitted or required to maintain a height of six feet, may be extended to a height not to exceed eight feet.

12.

When commercial or industrial property has a common property line with R-zoned property that is a right-of-way for a street, highway, freeway, railroad, or flood control channel, the hearing body may waive the requirement for a zone separation wall or fence.

13.

Any walls or fences facing a street or alley shall include clinging vines, low shrubs, or other landscaping treatment to deter graffiti.

(2939 § 3, 2022; 2967, 8/12/2025)

§ 9.12.040.150 Lot Areas, Frontages and Dwelling Unit Areas.

Through Lots May Be Divided in Certain Cases. Through lots 180 feet or more in depth may be improved as two separate lots, provided that:

The dividing line is midway between the street frontages; and

Each resulting one-half shall be subject to the controls applying to the street upon which this onehalf faces.

If either or both of the lots proposed as a result of this section is below the minimum lot area as determined by this chapter, the lot shall not be divided. If the whole of any through lot is improved as one building site, the main building shall conform to the zone and area district of the frontage occupied by such main building on both streets, and no accessory building shall be located closer to either street than the distance constituting the required front yard on such street.

Lot Area Not to Be Reduced. No lot area shall be so reduced or diminished that the lot area, yards, or other open spaces shall be less than prescribed by this chapter for the zone in which it is located, nor shall the density of population be increased in any manner, except in conformity with the regulations established by this chapter.

Substandard Lots. When a lot has less than the minimum required area or width as set forth in any of the zones contained herein, or in a site plan, and was of record on November 7, 1960, such a lot shall be deemed to have complied with the minimum required lot area or width as set forth in the site plan. This provision does not apply to the specific plans where minimum lot sizes are established for new development. Unless otherwise specifically set forth in a zone, the lot area per dwelling unit, however, shall remain as specified in the applicable zone, except that in no instance shall this provision prevent the erection of a single-family dwelling on any substandard lot. As part of the process to construct a single-family home on a lot zoned other than R-1, the development standards for the R-1 zone shall apply.

(2939 § 3, 2022)

§ 9.12.040.160 Parking-Purpose.

The purpose of these regulations is to establish criteria for the regulation of on-site parking and circulation and to assure that parking facilities are properly designated and located in order to meet the parking needs created by specific uses within the respective zones.

The intent of these regulations is to:

Ensure adequately designed parking areas with capacity and circulation that minimize traffic congestion;

Provide on-site circulation patterns that provide easy access to business facilities;

Promote the efficient use of land and buffer vehicle noise from adjacent land uses; and

Utilize landscaping to enhance the appearance of a site.

(2939 § 3, 2022)

§ 9.12.040.170 Parking-General Provisions.

In all residential districts, off-street parking shall be provided subject to the provisions of this section for:

Any new building or structure constructed;

Any new use established;

Any structural addition or enlargement of an existing building or use; however, additional parking spaces may be required for the entire building or use as a condition of approval of a conditional use permit, site plan or other discretionary permit granted by the City; or

Any change in the occupancy or use of any building that would result in a requirement for additional parking spaces pursuant to this section.

Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading or unloading facilities.

On-street parking within public or private streets, driveways or drives shall not be used to satisfy the off-street parking requirements.

For developments that provide garages, each such garage shall only be utilized for the parking of vehicles. No garage shall be used for storage, rental or lease or for any use other than the parking of vehicles related to the unit or development for which the garage is required by this section.

All off-street parking spaces and areas required by this section shall be designed and maintained to be fully usable for the parking of vehicles for the duration of the use requiring such areas and spaces.

All required off-street parking spaces shall be designated, located, constructed and maintained so as to be fully available for parking use by patrons and employees of commercial, industrial, public or semipublic premises during operating hours, and by residents and guests in residential developments at all hours.

Parking facilities constructed or substantially reconstructed subsequent to the effective date of the ordinance codified in this title, whether or not required, shall conform to the City's design standards set forth in the construction standards section.

The parking requirement for uses not specifically listed in the parking schedule shall be determined by the Planning Commission for the proposed use on the basis of the requirements for similar uses and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement.

All parking spaces, driveways and maneuvering areas shall be fully paved and maintained with asphalt, concrete or other city approved material.

Garages on lots developed with a single-family residence shall not exceed a four-vehicle capacity and 800 square feet inside dimension.

Tandem parking is prohibited, except for valet parking. If valet parking ceases, the parking lot shall be redesigned to incorporate new parking requirements. This prohibition does not extend to single-family residences; however, required covered parking may not be tandem.

Commercial vehicles shall not be parked or stored in residential zones or on properties used for residential purposes, except while the operator of the vehicle is making normal deliveries or providing services to the residential premises.

No commercial vehicle, trailer, recreational vehicle, camper, camper shell or vessel shall be parked on any property zoned commercial, industrial, open space, specific plan or PUD, or on any premises containing any commercial, industrial, public or semi-public use, except while the operator of the vehicle or trailer is patronizing or using the services of the commercial, industrial, public or semi-public use. The storing of any commercial vehicle, trailer, recreational vehicle, camper, camper shell, or vessel in any commercial, industrial, public or semi-public, specific plan or PUD zone, including, but expressly not limited to, any parking lot or parking space, is expressly prohibited, except in a lawfully approved and existing vehicle storage business.

No person shall park a vehicle, camper, camper shell or vessel upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle thereon for sale, hire or rental, unless the property is duly zoned and permitted by the City to transact that type of business at that location, except that this section shall not prohibit persons from parking vehicles displayed for sale on private residential property belonging to or resided on by the registered owner of the vehicle, nor on the public street immediately adjacent to said private residential property. For purposes of this section, a vehicle, camper, camper shell or vessel shall be presumed to be for sale if there is a price, or phone number, or a contact person, or address displayed thereon. Any person violating the provisions of this section shall be guilty of an infraction.

No person shall repair, grease or service, or cause to be repaired, greased or serviced, any vehicle or any part thereof in a parking lot, or anywhere outside of a wholly enclosed building.

No person shall occupy or use any camp car, camper, mobile home, recreational vehicle, camper shell, trailer, vessel or other vehicle or trailer as a dwelling or for living or sleeping quarters upon any public street, right-of-way, alley, private street or alley, or any private property except in an approved trailer, mobile home or recreational vehicle park.

(2939 § 3, 2022)

§ 9.12.040.180 Parking Spaces Required.

The number of off-street parking spaces required shall be no less than as set forth in the following schedule. Parking shall be calculated by the maximum building occupancy and/or the gross floor area, as applicable. Where the application of these schedules results in a fractional space, then the resulting fraction shall be rounded up to the higher whole number.

Use Required Minimum Parking Spaces
A. Residential Uses
1. Single-family home
a. 1—4 sleeping rooms	2 spaces in an enclosed garage plus 2 open spaces
b. 5—7 sleeping rooms	3 spaces in an enclosed garage plus 3 open spaces
c. Over 7 sleeping rooms	4 spaces in an enclosed garage plus 4 open spaces
2. Multiple-family dwelling units
a. Developments with less than 50 units, and adjacent to any principal, major, primary or secondary arterial street
Less than 3 sleeping rooms	2.75 spaces per dwelling unit
3 or more sleeping rooms	3.5 spaces per dwelling unit
b. Developments with less than 50 units, and not adjacent to any principal, major, primary or secondary arterial street
Less than 3 sleeping rooms	2.5 spaces per dwelling unit
3 or more sleeping rooms	3.25 spaces per dwelling unit
c. Developments with 50 units or more, and adjacent to any principal, major, primary or secondary arterial street
Less than 3 sleeping rooms	2.75 spaces per dwelling unit
3 or more sleeping rooms	3 spaces per dwelling unit
d. Developments with 50 units or more, and not adjacent to any principal, major, primary or secondary arterial street
Less than 3 sleeping rooms	2.5 spaces per dwelling unit
3 or more sleeping rooms	2.75 spaces per dwelling unit
3. Mobile home park	2 covered spaces per mobile home site plus 1 guest parking space for each 4 units
4. Boarding/lodging	1 space per bedroom
5. Community residential care facility	0.5 space per bed
6. Senior citizens facilities
a. Apartment	1 space per unit
b. Congregate—General care	0.5 space per bed or unit
c. Congregate—General care with on-site transportation provided	0.3 space per bed or unit
d. Senior secondary housing	1 enclosed and 1 open parking space
7. Preschool/daycare	1 space per care provider and staff member plus 1 space for each 6 children
B. Public and Semi-Public
1. Hospital	4 spaces per bed
2. Private school
a. Elementary through high school	1 space per each employee, plus 1 space for each 6 students
b. College or university	1 space per employee, plus 1 space per 3 students
3. Churches/religious institutions
Fixed seats	1 space per each 3 fixed seats
No fixed seats	1 space for each 21 square feet of area designated for assembly purposes. All ancillary area(s) shall provide 1 space for each 250 square feet of gross floor area.
C. Commercial Recreation
1. Golf course	100 spaces per 9 holes; 200 spaces for 18 holes, plus requirements for other facilities
2. Golf driving range	1.5 spaces per tee
3. Private clubs	1 space per each 15 square feet of assembly area
4. Public swimming pool	1 space per 500 square feet, plus spaces required for other uses on-site

(2939 § 3, 2022)

§ 9.12.040.190 Parking-Special Requirements.

The following parking requirements are applicable to all land uses, unless otherwise stated (spaces provided for the following uses shall be clearly designated by signs, colored lines or other appropriate indicators):

Handicapped Parking. Handicapped spaces shall be located as required by state codes to provide easy access to the main building or designated entrance to the building to be used by the physically handicapped in accordance with federal, state and local laws.

Required Types of Spaces.

Resident parking spaces for condominium units shall be provided in garages only.

Resident parking spaces for apartment units as either garages or carports or a mix.

Rental of Enclosed Spaces. Required resident parking spaces shall be allocated per dwelling unit, and shall be for the sole use of the occupants of the residential unit for which the site plan is approved. No resident parking space shall be rented to or occupied by the vehicle or property of a person not residing within that unit for which it is allocated.

Open Parking Space Size. All parking spaces shall conform to the following minimum dimensions:

Standard Space: nine feet wide by 19 feet long;

Parallel Space: eight feet wide by 22 feet long.

Wherever a space is adjacent to a wall, fence, hedge, post (i.e., carport), or other solid barrier(s), an additional one foot of width shall be provided to that space.

Compact Car Parking Spaces for Nonresidential Uses. Up to 20% of the required commercial parking stalls may be compact parking spaces. Compact stall size is subject to public works standards for compact car spaces.

Bicycle Parking. Short- and long-term bicycle parking shall be provided pursuant to the applicable requirements of the building code.

If the development includes a security gate(s), ingress and egress of pedestrian and vehicular traffic shall be provided subject to the requirements of the Public Works Department, Engineering Division.

Enclosed Garages. All enclosed garages shall conform to the following minimum inside clearances and dimensions:

One-Car Garage: 10 feet wide by 20 feet long;

Two-Car Garage: 20 feet wide by 20 feet long;

Three-Car Garage: 30 feet wide by 20 feet long;

Four-Car Garage: 40 feet wide by 20 feet long.

No storage cabinets or mechanical equipment, including, but not limited to, water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area.

(2939 § 3, 2022)

§ 9.12.040.200 Location of Parking Spaces.

All required open parking spaces and garages shall be located on the same building site or within the same development. Notwithstanding the foregoing, two or more legal entities may submit a shared parking agreement to the City pursuant to California Government Code Section 65863.1 to allow the sharing of underutilized parking spaces on different sites and/or for different uses. The provisions set forth in Section 9.18.140.050.C shall apply to any such shared parking agreements.

All off-street open and enclosed parking spaces shall be located and maintained to be accessible and usable for the parking of motor vehicles.

Off-street parking spaces shall not be located in any front or side street setback except on a driveway.

All motor vehicles must be parked or stored on a fully paved surface with approved entrances and exits to the street.

For projects approved and developed after April 25, 1991, where security gates are proposed to be provided, a minimum of 10% of the number of required guest parking spaces shall be located outside of the secured area.

(2939 § 3, 2022; 2967, 8/12/2025)

§ 9.12.040.210 Parking Dimensions and Design Lay-Outs.

Design standards are established to set basic minimum dimensions and regulations for design, construction and maintenance of parking within the residential districts.

Parking Improvements.

Paving. Parking and loading facilities shall be surfaced and maintained with asphalt concrete, concrete or other permanent, impervious surfacing material sufficient to prevent loose surfacing materials and other nuisances. Parking lot striping shall be maintained at all times. Any development requiring parking lot improvements will be required to file with the City conditions, covenants and restrictions requiring maintenance of the parking area. Said conditions, covenants and restrictions shall run with the land.

Drainage. All parking and loading facilities shall be graded and provided with permanent storm drainage facilities.

Surfacing, curbing and drainage improvements shall be installed and maintained to preclude free flow of water onto adjacent properties or public streets or alleys.

Measures listed above shall be taken to preclude standing pools of water within the parking facility.

Safety Features. Parking and loading facilities shall meet the following standards:

Safety barriers, protective bumpers or curbing and directional markers shall be provided to clearly separate pedestrian and vehicular traffic, protect landscaping from vehicles, and to prevent vehicle encroachment onto adjoining public or private property.

No walls shall be erected or landscaping provided that obscures the visibility of pedestrians, bicyclists, and motorists safety while they are entering, exiting, and circulating through parking lots.

Internal circulation patterns and the location and traffic direction of all access drives shall be designated and maintained in accordance with engineering standards adopted by Public Works Department, Engineering Division.

Striping of parking lots must be clearly visible and maintained throughout the life of the facility.

Lighting. Lights provided to illuminate any parking facility or paved area shall be designed with automatic timers (photovoltaic cells) and maintained in accordance with the provisions of this title. Parking lot security lights shall be maintained and shall be operated during all hours of darkness.

All nonresidential parking area lighting shall be provided during the hours of darkness the establishment is open at a minimum of two foot-candles of light on the parking surface.

A minimum of one foot candle of light shall be provided during all other hours of darkness.

Lighting in residential or non-residential parking areas shall be directed, positioned, or shielded to avoid shining into windows of immediately adjacent residences.

Noise. Areas used for primary circulation, or for frequent idling of vehicular engines or for loading facilities shall be designed and located to minimize impacts on adjoining properties, including sound attenuation to adjacent property and visibility screening from adjacent property.

Screening. Open off-street parking areas shall be screened from view of public streets and adjacent residential and institutional land uses by a wall or densely planted landscaping that is a minimum of 36 inches in height.

Landscaping. Open off-street parking areas shall be landscaped in accordance with this title.

Dimensions. Parking space dimensions shall be as adopted by resolution of the Planning Commission.

(2939 § 3, 2022)

§ 9.12.040.220 Reserved.

Prior History: 2939 § 3, 2022; repealed by 2967, 8/12/2025

§ 9.12.040.230 Collection of Recyclable Materials-Purpose.

The City of Garden Grove must divert 50% of all solid waste by January 1, 2000, through source reduction, recycling and composting activities. Diverting 50% of all solid waste requires the participation of the residential, office, commercial, industrial and public sectors.

The lack of areas for the collecting and loading of recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste, and constitutes an urgent need for state and local agencies to address access to solid waste for source reduction, recycling and composting activities. This section has been developed to meet that need.

(2939 § 3, 2022)

§ 9.12.040.240 Collection of Recyclable Materials-Definitions.

The following definitions shall apply to the language in this section:

"Collection area"

means space allocated for collecting and loading of recyclable materials.

"Development project"

means:

A project for which a building permit is required to construct any commercial, industrial, institutional, office or residential building or complex where solid waste is collected and loaded; or

Any new public facility where solid waste is collected and loaded, and any improvements for areas of a public facility used for collecting and loading solid waste.

"Recyclable material"

means any material that is capable of being diverted from disposal and then either reused, manufactured back to its original form, or used in the manufacturing process of a new product.

"Recycling"

means the process of collecting, sorting, cleansing, treating and reconstructing solid waste, and returning the material to the economic mainstream in the form of raw material for new, reused or reconstituted products that meet the quality standards necessary to be used in the marketplace.

"Refuse"

means any material that is the unwanted by-product of manufacturing, office, commercial or residential operations and that is not considered a recyclable or green waste material. Hazardous waste, low-level radioactive waste or untreated medical waste shall not be included in the definition of refuse and are not referenced in this section.

(2939 § 3, 2022)

§ 9.12.040.250 Collection of Recyclable Materials-General Requirements.

Any new development project for which an application for a building permit is submitted shall include solid waste collection areas sized to accommodate both solid waste collection bins and bins for collecting recyclable materials consistent with the requirements of the Garden Grove Sanitary District.

Any improvements to areas of a public facility used for collecting and loading of any solid waste shall include areas sized to accommodate both solid waste collection bins and bins for collecting recyclable materials consistent with the requirements of the Garden Grove Sanitary District.

Any project for which an application for a building permit is submitted for modifications that meet the following requirement shall include areas sized to accommodate both solid waste collection bins and bins for collecting recyclable materials consistent with the requirements of the Garden Grove Sanitary District:

Modification to any development project that exceeds 1,000 square feet or 10% of the existing floor area, whichever is less.

Exemption: Construction of an addition to an existing single-family residence, or less than one full unit to multiple-family residential.

(2939 § 3, 2022)

§ 9.12.040.260 Collection of Recyclable Materials-Minimum Collection Areas.

Single-Family Residential.

The exterior collection area shall consist of an area for the storage of three 110-gallon mobile containers for each residential unit. Suggested area for each container is a minimum of 38 inches by 38 inches.

All residential projects shall provide a minimum of three cubic feet of space for the collection and storage of refuse and recyclable material within each residence.

All exterior collection areas shall be located either in a side yard, completely screened behind a gate, fence or wall, or inside a garage. Gates shall be a minimum of 40 inches in width to accommodate 110-gallon mobile containers. If located inside a garage, the minimum required dimensions for parking shall be maintained.

Multiple-Family Residential.

For developments consisting of five or fewer units, and if containers are utilized, the exterior collection area shall consist of an area sufficient in size for the storage of three 110-gallon mobile containers for each residential unit. Suggested area for each container is a minimum of 38 inches by 38 inches.

For more than five units, three cubic yard bins shall be utilized. A storage enclosure shall be provided sufficient in size to hold one or more standard three-cubic-yard bins. Each enclosure shall provide sufficient area for the collection of refuse and recyclable materials.

All residential projects shall provide a minimum of three cubic feet of space for the collection and storage of refuse and recyclable material within each unit.

In the event that any exterior refuse storage area cannot be located within 100 feet of walking distance from the living unit it serves, individual trash compactors shall then be required for each unit that is more than 100 feet from the storage area. In any event, no storage area within a Multiple-family residential development shall be greater than 250 feet from any living unit.

Office, Commercial, Industrial, Institutional. Three-cubic-yard bins shall be utilized. A storage enclosure shall be provided sufficient to hold one or more standard three-cubic-yard bins. Each enclosure shall provide sufficient area for the collection of refuse and recyclable materials.

Areas for refuse and recyclable material storage shall be adequate in capacity, number and distribution to serve the development where the project occurs, and shall be based on the following requirements:

Multiple-Family Residential.

No. of Units	Types of Receptacles	Area Must Accommodate Number of Receptacles
2—5	60 or 110-gallon mobile container	1 refuse 1 recycling
	or 3 cubic yard bin	1
6—10	3 cubic yard bin	1
11—15*	3 cubic yard bin	2

*	Each additional five to 15 units requires one additional bin, etc., or more than one pickup per week, per bin.

Office, Commercial, Industrial, Institutional.

Building Square Footage	Types of Receptacles	Area Must Accommodate Number of Receptacles
0—5,000	Bin	1
5,001—10,000	Bin	2
10,001—15,000	Bin	3
15,001—20,000	Bin	4
20,001—25,000*	Bin	5

*	Each additional 5,000 square feet requires one additional bin, or more than one pickup per week, per bin.

(2939 § 3, 2022)

§ 9.12.040.270 Collection of Recyclable Materials-Development Project Design Standards.

The following standards shall apply to all developments utilizing three-cubic-yard bins:

All refuse and recyclable material storage areas shall be located within 300 feet of the users they serve, shall be located directly accessible by a collection vehicle via a public or private street or loading area, and shall be enclosed on three sides by a solid masonry or concrete block wall. A solid metal gate shall be provided on the fourth side.

Recycling bins or containers shall have a solid cover that provides protection from rain.

Driveways or travel aisles shall provide unobstructed access for collection vehicles and personnel, and provide at least the minimum clearance required by the collection methods and vehicles utilized for the particular project.

A sign clearly identifying all recycling and refuse collection and loading areas and the materials accepted therein shall be posted adjacent to the storage areas.

The storage area shall be shielded from public view by a wall that matches the exterior building material and color.

Storage areas shall not be located in any required front, side or rear setback or any area required to be maintained as unencumbered according to any public safety laws as adopted.

Where collection of refuse and recyclable materials is separated, areas for collecting and loading recyclable materials shall be adjacent to the refuse storage areas.

(2939 § 3, 2022)

§ 9.12.050.010 Single Room Occupancy Use Regulations and Development Standards.

Purpose and Intent. The purpose of this section is to regulate the development and operation of single room occupancy (SRO) residential land uses to ensure such uses provide for the comfort of their residents; create housing opportunities for persons of lower incomes and special housing needs, including, but not limited to, persons with disabilities, seniors, foster youth aging out of the foster system, and formerly homeless individuals; and integrate well into the neighborhoods and districts in which they are located.

Where Permitted. SROs shall be allowed to be established in various zones as set forth in Section 9.12.020.030 (Uses Permitted), Table 1, and Section 9.18.020.030 (Uses Restricted to Indoor), Table 9.18-1.

Development Standards. An SRO may be established through adaptive reuse of an existing building or as new construction, subject to the development standards of the zone in which it is located and compliance with all the following standards.

Site Standards.

An SRO development may be developed up to the maximum density permitted by the General Plan, notwithstanding any other provision of this Title 9.

SRO developments shall be located on a primary or secondary arterial roadway, as defined in the General Plan.

The minimum site area shall be 20,000 square feet, with a minimum street frontage of 100 linear feet.

Overall Standards.

Each SRO unit shall comply with the following unit size requirements:

	Minimum Size	Maximum Size
One-person unit (Single occupancy)	150 sf	220 sf
Two-person unit (Double occupancy)	221 sf	400 sf

A minimum of 15% of the units shall be designed for double occupancy.

Parking shall be provided at a minimum ratio of 0.5 spaces per unit designated as single occupancy and 0.8 spaces per unit designated as double occupancy, plus one space for each employee on shift and one space for the on-site manager unit provided.

Every SRO development shall have one controlled entryway into the development that is accessed through a main lobby. The main lobby shall include a front desk and/or leasing office, with cameras or other devices that allow a staff member to monitor activity in the lobby.

A separate office or conference room with a minimum size of 100 square feet shall be provided that is separate from the reception desk, manager's office, or leasing office so that that space can be used by management—or others authorized by management—when interviewing or meeting with tenants.

A 24-hour manager and manager's unit shall be provided. The manager's unit shall be designed to be a complete residential unit, with a minimum size of 500 square feet for a studio unit and a minimum size of 750 square feet for a one-bedroom unit. The manager's unit shall be located on the ground floor of the development and shall be located adjacent to the main lobby.

Each SRO development shall have a common area of minimum size of 400 square feet, designed to be furnished for the use and comfort of the tenants. All common area shall maintain minimum dimensions of 10 feet. All common areas shall be located within the building. Where deemed appropriate by the responsible review authority, outdoor common patios may be considered toward meeting the common area requirement. Dining rooms, recreational rooms, or other similar areas that are accessible to tenants, and as approved by the responsible review authority, may be considered common areas. Common areas shall not include storage rooms, main lobby, laundry facilities, hallways, restrooms, and kitchens.

Mailboxes shall be provided for each unit and located in the main lobby in plain view of the reception desk.

A minimum of one computer with internet access shall be available in a common area accessible to tenants.

Common laundry facilities shall be provided at a rate of one washer and one dryer per each eight units.

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold water shall be provided on every floor.

A camera security system shall be provided in all common areas, including the parking facilities, which is monitored from the reception desk/leasing office.

To the extent possible, as determined by the responsible review authority, all stairwells shall be designed to be open to the main lobby, hallways, or other common areas to provide greater security and visibility into the stairwell.

All SRO developments shall provide an emergency power back-up system with a minimum running time of 120 minutes to provide power to the building in case of a power outage.

If a gate is installed to secure the parking area, the development shall provide a separate pedestrian gate for exiting the parking area.

A "Knox Box" shall be provided for emergency personal access. A keypad shall also be provided.

Standards for Individual Units.

Each unit shall contain efficiency kitchen facilities including, at a minimum, a sink, a microwave oven, a countertop of minimum dimensions 16 inches deep by 24 inches long, and refrigerator.

Each unit shall contain a bathroom with a toilet, sink, and shower or tub located within an enclosed compartment.

Each unit shall be furnished with a bed, nightstand, chair, table, television, and a closet/storage no less than 48 cubic feet in size.

Each unit shall be equipped with an individually controlled heating and cooling ventilation system.

Each unit shall have in-unit closet/storage space of minimum size 72 cubic feet.

Each unit shall be pre-wired for telecommunications services, which could include wireless telecommunications infrastructure.

Operational Standards.

Management Plan. A management plan shall be submitted for review and approval by the City of Garden Grove Community and Economic Development Department. The management plan shall be approved before the issuance of a Certificate of Occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, and staffing needs, including job descriptions. The approved management plan shall be in recordable form as approved by the City Attorney and recorded before issuance of a Certificate of Occupancy.

Length of Stay. Rental regulations shall provide that minimum stays be at least 31 days.

(2939 § 3, 2022;2967, 8/12/2025 )

Garden Grove City Zoning Code

CHAPTER 9

12 MULTIFAMILY RESIDENTIAL DEVELOPMENT STANDARDS

§ 9.12.020.010 Purpose.

§ 9.12.020.020 Summary of Zones.

The following zones and their general purposes are established:

§ 9.12.020.030 Uses Permitted.

Symbol Meaning
P = Automatically permitted use.
I = Incidental use. Use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by a conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.
C = Conditional use. Use eligible for consideration under the conditional use procedures and permitted only if the conditional use permit is approved, subject to the specific conditions of such permit.
* = Use shall be subject to special conditions or specific restrictions as listed in this section.
— = Not a permitted use.

Table 1 City of Garden Grove Land Use Matrix
USES	ZONES
USES	R-2	R-3
Residential
Accessory Buildings and Structures	I*	I*
Agricultural Growing and Produce Stand	P	P
Boarding/Lodging	C	C
Child Day Care Center	C	C
Community Care Facility, Residential 6 Persons or Less 7 Persons or More	P —	P C
Cottage Food Operation	P*	P*
Duplex or Triplex	P*	P*
Family Day Care Home (1—14 Children)	P*	P*
Home Occupations (Disabled)	P*	P*
Intermediate Care Facility	—	C
Limited Multiple Family Dwelling	P	P
Mail Address/Business Tax Certificate	P*	P*
Mobile Home Park	—	P*
Multiple Family Dwelling	P	P
Residential Care Facility for the Elderly (RCFE) 6 Persons or Less 7 Persons or More	P —	P C
Single-Family Dwelling	P	P
Single Room Occupancy (SRO)	—	P
Skilled Nursing Facility	—	C
Small Lot Subdivision	P*	P*
Supportive Housing¹	P	P
Supportive Housing for the Homeless²	P	P
Transitional Housing¹	P	P
Public and Semi-Public
Cemeteries	C	C
Church and Other Religious Centers	C*	C*
Crematory, Mausoleum	CI	CI
Educational Institutions	C*	C*
Group Shelter	—	C
Halfway House	—	C
Public Buildings (Local, County, State or Federal)	C	C
Public Recreational Facilities	P	P
Public Safety Facilities (Fire, Police)	C	C
Public Utility Stations and Equipment Buildings	C	C
Religious School	C*	C*
Recreation, Amusement, Entertainment
Golf Courses (Regulation)	C*	C*
Golf Driving Ranges	C*	C*
Tennis, Swimming Clubs	C	C

1.	Transitional and supportive housing are permitted in residential zoning districts subject to the same approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type in the same zone, which shall be determined by the City based upon the predominant characteristics of the use.
2.	Subject to the requirements of subsection B of Section 9.60.070.