O-P (Office-Professional). The O-P zone is intended to provide for business and professional offices, services and associated business and retail activities, in an attractive environment compatible with residential areas.

C-1 (Neighborhood Commercial). The C-1 zone is intended to provide for business at the neighborhood level in small scale convenience shopping facilities. The shopping facilities are encouraged to be integrated into the surrounding area to maintain the image of the neighborhood and to ensure operational compatibility.

C-2 (Community Commercial). The C-2 zone is intended to provide a broad range of commercial retail and service needs for the residents of the City and surrounding communities. The commercial facilities associated with this zone need to be compatible with adjoining uses and public improvements. Heavy commercial activities are to be restricted or prohibited.

C-3 (Heavy Commercial). The C-3 zone is intended to provide for a wide range of commercial uses, primarily more intensive services and uses of wholesale/retail combinations, normally incompatible with other commercial activities or residential uses. A Floor Area Ratio up to 1.0 for hotels and 0.55 for all other uses is allowed in the C-3 zone.

M-1 (Limited Industrial). The M-1 zone is intended to provide for small- and medium-size industrial uses that are generally compatible with one another and are not generally adverse to adjacent residential and commercial uses, provided proper screening measures are utilized.

M-P (Industrial Park). The M-P zone is intended to provide for modern industrial, research and administrative facilities by requiring comprehensive planning of large parcels of land and the co-ordination of building design and locations.

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

All products that are manufactured or processed on the premises in conjunction with a permitted use shall be sold on the premises as retail only.

Storage shall be limited to accessory storage of commodities sold at retail on the premises, or used as an element of an activity permitted on the premises. Such storage shall be placed within a wholly enclosed building or structure, unless otherwise permitted by this title.

All uses, display of merchandise, and placement of merchandise or items shall be kept within a wholly enclosed building at all times.

All operations conducted on the property shall not create a nuisance by reason of noise, odor, dust, mud, smoke, steam, vibration or other similar causes.

All uses or activities shall be conducted within a wholly enclosed building unless otherwise specified by this title.

Arcades. Arcades may be permitted in the C-2 and C-3 zones with a conditional use permit.

Incidental Amusement Devices. Up to and including nine incidental amusement devices may be permitted in the C-1, C-2, C-3 or M-1 zones. Incidental amusement devices shall be subject to operating conditions regulating number, location, noise, hours, security, and size in order to eliminate or reduce adverse impacts on the primary use as well as nearby uses.

That the intent of such studios is the provision of a service, as opposed to manufacture of goods or wares;

That any equipment or apparatus used on the premises be of a scale and construction that facilitate easy handling and operation by nonprofessionals;

That the operation shall not be noxious or objectionable to surrounding property or endanger people who come in close contact with the operation.

The facility, each owner, operator and manager thereof, and each person providing massage services on the premises shall comply with all provisions of Chapter 5.12 (Massage Regulations) of this code at all times.

Each person engaged in the business of massage on the premises shall obtain and maintain an operator's permit from the Police Chief pursuant to Chapter 5.12. No massage services may be provided on the premises without a current and valid operator's permit for the premises.

Permitted hours of operation of that portion of the facility, in which massage services are provided, may not exceed those set forth in Chapter 5.12.

No alcoholic beverages or controlled substances shall be sold, served, furnished, kept, consumed, or possessed on the premises at any time.

No live entertainment shall be permitted on the premises.

The establishment shall be open to the public, and shall provide facilities for men and women.

All work shall be conducted within a wholly enclosed building.

Customers and employees shall be required to park on site.

Storage shall be screened from view of all streets and adjacent properties and shall not interfere with required employee and customer parking areas.

No vehicles shall be stored on public streets.

In the M-P zone, the following additional condition shall apply:

Auto repair shall be conducted only in conjunction with an existing new car dealership located within the City.

Any car wash in which power driven or steam cleaning equipment is used shall be contained wholly within a completely enclosed building, with openings for the entrance and/or exit of vehicles. Any activity involving hand drying of vehicles does not require enclosure within a building. Hand drying shall only be conducted in areas not used for required parking or vehicular circulation.

Any sound emanating from the operation shall be in conformance with those standards adopted by the City for the control of noise and noise sources.

Operation shall not be allowed before 7:00 a.m., or after 10:00 p.m.

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.

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.

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).

Properties with crematoriums shall not be permitted to be located within 500 feet of a property boundary of any "O-S" (Open Space) zoned property developed with a school or park, a property boundary of any "R" (Residential) zoned property or any PUD established exclusively for residential use. This provision applies to human and animal crematoriums.

Crematoriums are conditionally permitted uses (conditional use permit required) in industrially designated areas within a PUD (Planned Unit Development) zone, where industrial and manufacturing uses are permitted to ensure compatibility between the proposed crematorium and other existing uses in the surrounding areas.

Any necessary permits, licenses, or other approvals to operate a crematorium, as required by other regulatory agencies, shall be obtained, abided by, and adhered to for the life of the project. Such required permits, licenses, and approvals shall be kept on the premises at all times. This also includes verification of periodic inspection notices and approvals by the regulatory agencies.

Any CUP (conditional use permit) approved crematorium that is found to be in violation of or is noncompliant with its conditions of approval, or is found to be in violation with any regulations established by other regulatory agencies, or has its permit(s), license(s), or other approval(s) issued by other regulatory agencies, suspended or revoked, or for any other reason deemed reasonably necessary by the City, may have its CUP reviewed by the Planning Commission.

Properties with crematoriums shall not be permitted to be located within 500 feet of a property boundary of any "O-S" (Open Space) zoned property developed with a school or park, a property boundary of any "R" (Residential) zoned property or any PUD established exclusively for residential use. This provision applies to human and animal crematoriums.

Crematoriums with incidental funeral home/mortuary are conditionally permitted uses (conditional use permit required) in industrially designated areas within a PUD (Planned Unit Development) zone, where industrial and manufacturing uses are permitted to ensure compatibility between the proposed crematorium and other existing uses in the surrounding areas.

Any necessary permits, licenses, or other approvals to operate a crematorium, as required by other regulatory agencies, shall be properly obtained, abided by, and adhered to for the life of the project. Such required permits, licenses, and approvals shall be kept on the premises at all times. This also includes verification of periodic inspection notices and approvals by the regulatory agencies.

Any CUP (conditional use permit) approved crematorium that is found to be in violation of or is noncompliant with its conditions of approval, or is found to be in violation with any regulations established by other regulatory agencies, or has its permit(s), license(s), or other approval(s) issued by other regulatory agencies, suspended or revoked, or for any other reason deemed reasonably necessary by the City, may have its CUP reviewed by the Planning Commission.

The clothes cleaning facility shall not act as a clothes cleaning plant for any other agency.

That dry cleaning equipment, if provided, shall include and be limited to one complete dry cleaning unit consisting of the following:

That there shall be no more than three pressing units utilizing a low pressure gas fired boiler not exceeding 20 horsepower.

That the number of employees engaged directly in the process of cleaning and pressing shall not exceed five.

That a minimum of 400 square feet of floor area be provided for each clothes press.

Incidental Use Only. With the exception of permitted joint-use outdoor dining areas as provided for in paragraph 5 below, the outdoor dining area must be accessory to the eating establishment/restaurant.

Design. Outdoor dining areas shall be open on at least three sides. Side panels or any other accessories that enclose the outdoor dining area are prohibited.

Location.

Delineation of Area. Any outdoor dining area serving a single business shall maintain a clearly marked perimeter and shall be separated from vehicular pathways and public sidewalks with low walls and/or landscape hedges a minimum of 30 inches in depth or 42 inches in height. Establishments that include the service or sale of alcoholic beverages are subject to additional separation requirements provided in subsection 6 (Alcoholic Beverage Sales in Outdoor Dining Areas) of this section.

Outdoor dining areas for joint-use between businesses shall be separated from pedestrian and vehicular pathways with low walls and/or landscaping. Joint-use outdoor dining areas are not required to be located immediately adjacent to an establishment, but shall be located within 25 feet of at least one establishment participating in the joint-use area. Where adjacent to a public right-of-way, the area shall be delineated as required by subsection 4 (Delineation of Area) of this subdivision V. No alcohol shall be served in any outdoor dining area that serves more than one business.

Alcoholic Beverage Sales in Outdoor Dining Areas. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall comply with Section 9.16.020.080 (Alcohol Beverage Sales) and furthermore, shall be restricted as follows:

Parking. See Section 9.16.040.150 for parking requirements for outdoor dining areas.

Emergency shelters shall be permitted in those areas shown on the map attached to the ordinance codified in this subsection, which shall constitute the Emergency Shelter Overlay Zone.

Maximum number of beds or persons to be served per night by a single shelter shall not exceed 60.

The facility shall operate on a first-come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 8:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night.

The maximum stay at the facility shall not exceed 120 days in a 365-day period.

A minimum distance of 300 feet shall be maintained from any other emergency shelter, as measured from the property line.

A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open.

Exterior lighting shall be provided for the entire outdoor and parking area of the property per Section 9.16.040.200.D of the Garden Grove Municipal Code.

A waiting area shall be provided which contains a minimum of 10 square feet per bed provided at the facility. Said waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by a minimum six-foot-tall visually screening mature landscaping or a minimum six-foot-tall decorative masonry wall, and shall provide consideration for shade/rain provisions.

All facility improvements shall comply with the Garden Grove Municipal Code, and the most current adopted Building and Safety Code, specific to the establishment of dormitories.

A security and safety plan shall be provided for the review and approval of the City Manager or designee. The plan may be required to address additional security and safety needs as identified by the City Manager or designee. The approved security and safety plan shall remain active throughout the life of the facility. The plan shall contain provisions addressing the topical areas outlined below:

The facility may provide the following services in designated areas separate from sleeping areas:

An emergency shelter facility shall provide off-street parking at the ratio of one space per four beds, and/or 0.5 per bedroom designed as a family unit with children, plus one per staff member or shall submit a parking study, subject to approval by the Development Services Director, demonstrating the required parking demand justifies a reduced amount of off-street parking. Each facility is also encouraged to provide bike racks for clients in a secured area.

Entertainment shall be permitted only in conjunction with an eating establishment/restaurant.

A conditional use permit shall be required.

Entertainment shall be in the form of a solo performer only.

Amplified sound shall not be permitted.

Entertainment shall be incidental to the restaurant use (such as background music). Entertainment shall not be utilized as a primary use or as an attraction to draw customers to the establishment.

No dancing or audience participation shall be permitted.

Food service shall be provided during all hours the entertainment operates.

There shall be no raised platform or stage permitted within the establishment at any time.

The hours of operation may be limited through the CUP.

Security may be required through the CUP.

Doors that face residential property shall be kept closed at all times during the operation of the establishment, except in the case of an emergency or to permit deliveries.

In reviewing requests for entertainment in conjunction with restaurants in the C-1 zone, of particular concern will be the physical relationship of the proposed use and impacts of that use on surrounding properties. The conditional use permit shall be denied if it is anticipated that the use will create adverse noise, security, parking and traffic impacts and/or if an adverse effect on the public health, safety or welfare will be created.

For purposes of this section, "eating establishment/restaurant" is defined as an establishment that contains a customer dining area as well as sufficient space and equipment for a full restaurant kitchen. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants. Take-out establishments or establishments that only serve items such as sandwiches, salads, snacks or microwave items shall not be deemed in compliance with this definition.

The outdoor storage of rental equipment shall be permitted when completely enclosed with a masonry wall not less than six feet in height and when no equipment is visible above the required wall. A steel gate or equivalent shall be utilized, where access through the required wall is provided.

The outdoor display or storage of utility trailers and trucks not exceeding 8,000 pounds net weight may be conducted without adherence to the wall enclosure requirement imposed in paragraph 1 of this subsection.

Approval of a conditional use permit shall be required.

The minimum site area shall be 80,000 square feet.

The minimum street frontage of the site shall be 150 feet.

The minimum individual guest room size shall be 300 square feet in area.

Maximum height shall be four stories.

Setbacks:

Extended-stay business hotels shall be subject to Chapter 8.70 of the Municipal Code.

All applicants shall observe all the provisions contained within Chapter 5.65 of the municipal code.

Said establishments shall be located a minimum of 1,000 feet away from any other establishment engaged in the practice of fortunetelling.

Properties with funeral homes/mortuaries with no crematorium shall not be permitted to be located within 250 feet of a property boundary of any "R" (Residential) zoned property or any PUD established exclusively for residential use.

All accessory commercial uses, except a pro shop, shall be established in a commercial zone in accordance with this code.

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.

The facility shall provide retail services, which may include graphic design, instant printing operations and print shops during normal business hours.

The facility shall serve the needs of local customers by either providing self-service photocopying, and printing and/or photocopying of invitations, business cards, forms, letterhead, envelopes, wedding announcements and other similar items. The facility shall not provide services to large commercial and wholesale clients, nor shall it print books, magazines, newspapers, annual reports, catalogs, posters, retail packaging, calendars, and other similar items.

Equipment used does not make noise or vibration that will disturb adjacent businesses or residences.

Most customers shall place orders in person and wait for it to be completed or pick it up at a later date. The majority of the finished project shall not be delivered to the customer.

A portion of the floor plan shall be devoted to a customer service retail area.

All lighting shall be directed away from abutting properties.

Stacking of on-site storage and materials shall not exceed a height of 20 feet.

All outdoor storage areas shall be screened from view of public rights-of-way by a view obscuring fence or wall not greater than eight feet in height.

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

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.

The minimum site area shall be 30,000 square feet.

The minimum street frontage of the site shall be 100 feet.

In hotels, no provisions for cooking facilities shall be provided within individual rooms or suites.

No consecutive occupancy shall exceed 30 days, nor shall any nonconsecutive occupancy exceed 30 days in 45 consecutive days.

The following development standards apply:

Hotels and motels are also subject to Chapter 8.70 of the Municipal Code.

In motels, no more than 10% of the individual living units shall contain kitchen facilities.

In the C-1 zone, the following conditions shall apply:

In the C-2 and C-3 zones, the following conditions shall apply: The minimum gross floor area shall be 10,000 square feet.

In all zones, the following conditions shall apply:

At no time shall an indoor sports facility impede the normal functions of the permitted uses in the zone in which it is located.

The number of indoor sports facilities permitted in the M-P zone is limited to a total of four.

An "indoor sports facility" use shall only be located on properties facing and having access on a primary or secondary arterial.

Required parking is determined by the Community Development Department through the review of a parking study prepared by a licensed traffic engineer.

The parking study shall take into account all aspects of the proposed operation. The operation of "indoor sports facility" uses can have significant differences in the number of parking spaces based on the type of play, whether league or tournament. Among the variables to be considered are the different requirements for different leagues including the number of players on teams, number of officials, and the scheduling requirements.

Proposed indoor sports facilities shall be reviewed based on their proposed operation and individual site. A complete description of the operation shall be submitted and shall include, but not be limited to, the type of sports, the name of the leagues and their requirements, all proposed tournaments or special sporting events proposed, an accounting of coaches and officials, and any accessory uses.

Buildings or structures are to be completely soundproofed.

The perimeter of all run areas shall be completely surrounded by an eight-foot solid wall. Animal runs are to be constructed in such a manner that no animal can see another animal.

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.

No massage establishment shall be located closer than 1,000 feet from any other massage establishment.

Unless infeasible due to existing structural or physical constraints and otherwise authorized in conjunction with approval of a conditional use permit, the entrance to a massage establishment shall be oriented, accessed, and visible from a principal, major, or primary arterial street, as defined in the General Plan Circulation Element. In no case shall the entrance to a massage establishment be oriented toward a residential street or toward residential uses.

The massage establishment, each owner, operator and manager thereof, and each person providing massage services on the premises shall comply with all provisions of Chapter 5.12 (Massage Regulations) of this code at all times.

Each person engaged in the business of massage on the premises shall obtain and maintain an operator's permit from the Police Chief pursuant to Chapter 5.12. No massage services may be provided on the premises without a current and valid operator's permit for the premises.

Permitted hours of operation may not exceed those set forth in Chapter 5.12.

The entire site shall be paved, except for structures and landscaping;

The premises shall be kept in a neat and orderly condition at all times;

Outdoor storage of motorcycles shall not be visible from any public right-of-way;

Outdoor display/storage of motorcycles shall not occupy any required parking space;

Outdoor display/storage of motorcycles shall not occupy any required driveway, accessway or emergency lane on the property;

Display and/or storage of motorcycles shall not be permitted in any required setback;

All motorcycle repair and maintenance shall be performed within a fully enclosed building;

No motorcycles that are in a wrecked or dismantled condition shall be stored outside of a fully enclosed building;

No amplified speaker systems shall be used outside of a wholly enclosed building; and

All loading and unloading of vehicles shall occur on-site or from loading zones as designated by the traffic engineer and not in adjoining public streets or alleys.

Minimum site area shall be 15,000 square feet;

All parts, accessories, etc., shall be stored within a fully enclosed structure;

No amplified speaker systems shall be used outside of a wholly enclosed building;

All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way;

No vehicle service or repair work shall occur, except within a fully enclosed structure. Service bays shall not be visible or take access directly from a public-right-of-way;

All loading and unloading of vehicles shall occur on-site or from loading zones as designated by the traffic engineer and not in adjoining streets or alleys;

Off-street parking shall adequately accommodate all on-site uses, including showroom, offices, parts, service and repair areas, as well as employee and customer parking;

In conjunction with a conditional use permit all motor vehicle sales businesses shall provide planter areas with a minimum inside width of 10 feet that shall be located adjacent to all street property lines, except for points of access to the streets;

Decorative bollards or wrought iron fences may be provided along public rights-of-way. Said bollards or fences shall not be located in the required landscape area;

Signage shall be in conformance with this title;

In conjunction with a conditional use permit all motor vehicle sales businesses shall remove all nonconforming signs prior to the commencement of business.

The lot shall abut a lot zoned for office, commercial or industrial use, and it shall be shown that such parking facility is to be used to provide the parking needs of the abutting office-professional, commercially or industrially zoned lot.

No such parking area shall be used for used car sales or for the permanent storage of automobiles.

The parking area shall be for the temporary parking of automobiles.

No overnight boarding of pets;

The use must be conducted entirely within an enclosed building.

No overnight boarding of pets except those pets for sale in the pet store;

All sales of merchandise, pets and equipment and storage of supplies shall be within an enclosed building.

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.

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

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).

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

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

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.

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.

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

Required Building Design. The architecture of the building shall be of a type compatible with the neighboring area. The architectural theme shall be integrated into the design of all improvements on the site, including main building, canopies, fencing, landscaping and signage.

Driveway Requirements. Driveway entrances to the site shall not be within 10 feet of the curb return.

Parking Requirement.

Intersection Clearance. All corner lots shall maintain an open and unobstructed triangular area for safety vision purposes.

Landscaping. All site areas not used or required for building location, parking, access, circulation or service island areas shall be landscaped according to the provisions of Section 9.16.040, Development Standards, and further subject to the following:

Walls.

Storage.

Closures and Conversions to Other Commercial Uses.

Nonconforming Service Stations.

All buildings and structures are to be completely soundproofed.

An incinerator of a type as recommended by the County Public Health Department and the S.C.A.Q.M.D. shall be provided. A freezer sufficient to contain the remains of deceased animals shall be installed if an incinerator is not provided.

Locations Allowed.

Operational Requirements. Smoking lounges shall be subject to the operational requirements set forth in Chapter 5.75 of this code.

Parking. Parking shall be provided using the standard for bars and nightclubs.

Conditions of Approval. In addition to the standards for issuance of conditional use permits under this title, the hearing body may impose any condition reasonably related to mitigate any possible adverse effect upon the public health, safety, or welfare created by the establishment and/or operation of the smoking lounge.

Nonconforming Uses. Notwithstanding the provisions of Chapter 9.28, any smoking lounge lawfully existing on the effective date of the ordinance adopting this section may continue its operation; provided that its operation does not cease for more than 90 days; and provided that the non-conforming use, structures, or buildings of the business shall not be increased, enlarged, or altered without first conforming with the regulations herein.

Abandonment. A conditional use permit for a substance abuse treatment center shall be considered to be null and void if the establishment ceases operation for 180 or more consecutive days.

Location Restrictions.

Conditions on Use. The hearing body shall have the authority to impose conditions on a substance abuse treatment center to ensure compliance with the provisions of this section and to mitigate against potential nuisance or public safety concerns. Those conditions may include, but are not limited to, restricting hours of operation, requirements for security lighting and cameras, requirements for private security, and monitoring of parking lots. Dispensing of medicine shall occur within a wholly enclosed building. No drive-thru facilities shall be permitted.

The entire site shall be paved, except for structures and landscaping;

The premises shall be kept in a neat and orderly condition at all times;

Outdoor storage of trucks and/or trailers shall not be visible from any public right-of-way;

Outdoor storage of trucks and/or trailers shall not occupy any required parking space necessary for the operation of the primary use;

Outdoor storage of trucks and/or trailers shall not occupy any required driveways, accessways or emergency lanes on the property;

Display and/or storage of trucks or trailers shall not be permitted in any required street setback;

Signage shall comply with all municipal code requirements. When the truck and trailer rental is an incidental use in the C-1 and C-2 zones, signage for the incidental use may not exceed 20% of the total signage for the primary use;

All vehicle repair and maintenance shall be performed within a fully enclosed building;

No vehicles that are in a wrecked or dismantled condition, shall be stored on the property; and

The storage area shall be screened from view from any adjoining residential property by a minimum of a six-foot high, decorative, block wall. Such wall shall not exceed seven feet in height.

Retail only;

Use may include assembly of furniture from pre-manufactured frames.

The minimum lot size shall be one acre.

A minimum lot depth of 200 feet from the front of the lot. The front is defined as the narrowest portion of the lot abutting and having access from an arterial street.

Lots shall have primary access on a secondary arterial street as defined by the Orange County Master Plan of Arterial Highways.

All buildings shall observe a front and side street setback of 20 feet. Said setback shall be fully landscaped except for points of ingress and egress.

Mini-warehouse facilities shall have a resident manager's dwelling unit that shall be site-built and shall be of the same architecture as the main buildings. The dwelling unit shall comply with minimum dwelling unit areas as delineated in the multifamily development standards.

All storage shall be within a totally enclosed building. No outdoor storage, including storage of vehicles, is permitted.

All mini-warehouse facilities shall be provided with 24-hour, on-site security personnel.

Mini-warehouse facilities shall be for storage only.

Mini-warehouses shall not be used to conduct any business or business activity.

Publicly owned and operated;

Excluding spectator sports, contests or facilities or public amusement devices for hire.

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 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:

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.

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 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:

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 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:

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

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.

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 his or her designee.

Depreciated property values, vacancy problems in commercial space (particularly in the newer commercial buildings);

Interference with residential neighbors' enjoyment of their property due to debris, noise, and vandalism;

Higher crime rates in the vicinity of adult businesses;

Blighted conditions such as a low level of maintenance of commercial premises and parking lots.

The City Council further finds that the restrictions and development standards contained in this section will tend to mitigate, and possibly avoid, the harmful secondary effects on the community associated with adult entertainment businesses. The primary purpose of these regulations is the amelioration of harmful secondary effects on the community. The regulations contained in this section are unrelated to the suppression of free speech and do not limit access by adults to materials with First Amendment potential.

For purposes of this section, "specified sexual activities" shall include the following:

For the purpose of this section, "specified anatomical areas" shall include the following:

Conditional Use Permit Requirement. The establishment of an adult use in a C-2 zone, in addition to the distance limitations set forth in this subsection, shall also be subject to the requirement of a use permit. A use permit application for an adult use shall be completed by the applicant and set for Planning Commission review.

Required Performance Standards. A fully completed use permit application for an adult use must comply with the following mandatory performance standards:

Site Plan Approval. In the case of new construction, building additions exceeding 10% of the floor area, or 1,000 square feet, whichever is less, a site plan application and approval shall be required, in addition to the use permit. A site plan approval shall be granted, if the Planning Commission finds:

Planning Commission Action. If the Planning Commission makes findings that the standards set forth in paragraph 2 of this subsection have been met, and that the required site plan findings of paragraph 3 of this subsection can be made, the Planning Commission shall approve the use permit application. The Planning Commission shall make written findings to this effect.

Time for Planning Commission Findings. The conditional use permit shall be acted upon by the Planning Commission within 90 days after the use permit application is deemed complete by the City Manager or designee. If an environmental impact report is required under CEQA, the time for action shall not exceed six months.

Appeals. The decision of the Planning Commission shall be appealable to the City Council, pursuant to Section 9.32.110.

Distance Limitations for Adult Entertainment Businesses.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;

That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;

That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization, nor will it interfere with any program being carried out pursuant to the community redevelopment law; and

That all applicable regulations of this code will be observed. The procedure for this hearing shall be the same as that provided in Section 9.32.030, with, among other matters, the same notice requirements, the same right of appeal to the City Council, and the same fees payable by the applicant. The City Manager or designee shall prepare the necessary application form for this variance.

Definitions. For the purposes of this section, "adult merchandise" is defined as any product dealing in or with explicitly sexual material as characterized by matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. In addition, "non-adult-use business" means any business or establishment not included in Section 9.04.060.

Floor Space Limitations. No more than 15% of total floor space area open to the public of a non-adult-use business shall be devoted to adult merchandise.

Segregation of Adult Merchandise. Retailers classified as non-adult-use establishments shall display adult merchandise in an area of the business segregated and screened from the area used for the sale and display of non-adult merchandise. Screening may be accomplished with partitions or said adult materials may be displayed in separate rooms.

Access by Minors. Non-adult-use establishments shall provide controls sufficient to prohibit access by persons under 18 years of age to areas screened or segregated for the purpose of selling or displaying adult merchandise.

Certain Merchandise Prohibited. Non-adult-use businesses shall not display or merchandise adult, sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices.

An application for an original ABC license;

An application for a new ABC license;

Any change in the type of existing ABC license;

Premises-to-premises transfer of an existing ABC license;

Any change in floor area in an ABC licensed establishment;

Any change in operating characteristics and/or conditions of approval from what was originally approved by the City or by ABC, including, but not limited to, any change of hours of operation or entertainment;

A request to establish entertainment or dancing in an ABC licensed establishment;

Any ABC licensed establishment that has its license revoked or suspended, or any ABC licensed establishment that surrenders its license to ABC, discontinues use of the license for 30 days, has its conditional use permit revoked, or vacates the property, shall be required to file and have approved a new conditional use permit before reestablishing the use;

Any ABC licensed establishment not possessing a conditional use permit approved after January 1, 1986, when there is a change of ownership that requires an investigation by the Department of Alcoholic Beverage Control pursuant to the provisions of Business and Professions Code Section 23958, as may be amended from time to time;

Any ABC licensed establishment with a conditional use permit that, for any reason, is closed for a period of 30 days or more must apply for a new conditional use permit and receive approval prior to the reopening of the establishment.

In judging requests for alcoholic beverage sales, of particular concern will be the physical relationship and proximity of the proposed use to that of similar uses on surrounding sites; the compatibility of the proposed use with neighboring uses (i.e., schools, parks, religious institutions, hospitals and other similar uses), and that no adverse effect on public health, safety or welfare will be created.

The specified distance from any use listed in subsection C.1 of this section shall be a minimum of 200 feet or equal to the distance used by Alcoholic Beverage Control for ABC licensed establishments, as specified in the most recent ABC Rules and Regulations and Procedural Manual. A conditional use permit may be denied where the building housing a proposed on- or off-sale ABC licensed establishment does not maintain the specified distance from the indicated uses.

The proposed use shall not be incompatible with the adjoining uses as it relates to noise, debris, traffic, storage, design and hours of operation, nor shall it create any adverse effect on public health, safety or welfare.

The City shall provide for periodic on-site inspections of all uses for which a conditional use permit has been approved in accordance with this chapter. Inspection shall be held at no more than six month intervals to ensure compliance with all provisions of this and all other applicable ordinances.

In the event the City has determined that a party holding a conditional use permit at a given location is in violation of the conditions of the permit, the Zoning Administrator or the Planning Commission, through the public hearing process, shall have the authority to suspend the conditional use until such time as the property has been brought into compliance and the City establishes that those conditions have been met.

Hours of operation shall be permitted only between the hours identified in the conditional use permit;

Site lighting, as specified in Section 9.16.040.200.B.4, shall be required to illuminate the premises;

A state licensed, uniformed security guard(s) shall be provided if requested by the Police Department;

The sound emitted from the premises shall not be audible outside the boundaries of the establishment;

Doors that open towards adjacent residential properties shall be kept closed during the operation of the establishment, except in case of emergency;

The operator of the ABC licensed establishment shall submit a signed letter agreeing to comply with all conditions of approval;

Signs shall comply with all applicable provisions of this code;

The property shall have properly maintained trash enclosures, parking area surfaces, parking stall striping, and other facilities as required by Sections 9.32.190, 9.32.200 and other sections of this code;

The City reserves the right to review the CUP three years from the date the CUP is first approved and at three-year intervals thereafter, and add, amend or delete any conditions of approval based upon changed circumstances that necessitate a modification to the conditions of approval. The hearing body shall adopt findings in support of its action. The operator of the establishment shall be responsible for filing the application for the review;

The hearing body may approve additional conditions on any CUP based upon the characteristics of the ABC licensed establishment and the area in which it is located;

Administrative Review of Conditional Use Permits. The City Manager or designee may perform administrative reviews of existing conditional use permits (CUPs) for state alcoholic beverage control (ABC) licensed establishments. The purpose of the administrative review is to ensure that any conditions of approval originally approved by the hearing body are being complied with. If, upon review, the establishment has been found to be operating in compliance with the conditions of approval of the CUP, and no changes to the conditions of approval are necessary, the City Manager or designee shall send a letter of compliance to the operator. In the event that, upon review of the CUP, any violations of the conditions of approval have been found, or any changes to the conditions of approval or business operation are proposed, the review shall be considered by the Planning Commission at a duly noticed public hearing.

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:

"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:

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.

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 three acres 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 9.24.020 of this code.

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.

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.

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.

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.

Historical buildings and structures established in permanent locations on the development site;

Caretaker's residence, when incidental to primary use;

Meeting areas for use by the nonprofit historical or cultural organization owning the property and the historical or cultural nonprofit organizations, when incidental to the primary use;

Limited retail sales of materials related solely to the historical or cultural activity conducted upon the property.

Sites. Sites shall be significant to the City or local area's social, cultural, economic, political, religious or military history, with adequate research and bibliographical proof supplied to support the designation of a historical-cultural site.

Individuals. The individual sponsored for recognition should have made a significant historical contribution to the area in one of the aforementioned fields, and primary emphasis shall be upon the site of the achievement, rather than upon the place of birth, death or grave site.

Accessibility. The site shall be accessible to the public.

Ownership. The site must be owned by a nonprofit organization, in accordance with applicable United States Internal Revenue Service regulations.

The size and shape of the site shall be sufficient to allow the full development of the proposed use in a manner consistent with the stated purpose of this zone for all essential on-site facilities.

Off-street parking spaces shall be designed and improved in accordance with the off-street parking requirements and improvements of parking areas provision of this chapter.

The proposed development shall place buildings, parking and open space in an aesthetically pleasing design complementary to the intent of this zone.

One identification sign shall be permitted provided:

Covenants, conditions and restrictions are required to guarantee the permanence of the site for historical use, subject to the approval of the City Attorney prior to the final approval of rezoning action by the City Council.

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.

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.

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 paragraphs 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.

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.

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:

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:

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:

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.

Public parks and recreation facilities;

The growing of field crops, trees, vegetables, fruits, berries and nursery stock;

Religious institutions;

Athletic and health clubs;

Private clubs and lodges;

Single-family dwellings, subject to the following conditions:

Interpretative determination of specific permitted uses shall be made by the Zoning Administrator.

Airport/Helistop;

Public education facilities, including, but not limited to, public elementary, intermediate and high school facilities;

Homeless person's center;

Public flood control and/or retarding basin facilities;

Commercial radio/TV towers;

Municipal water well and reservoir facilities;

Water oriented parks;

Public and private golf courses, including golf driving ranges;

Private, nonprofit community service recreational use facilities, including tennis and swim clubs;

Cemeteries and incidental crematory and mausoleum.

Building Placement. Buildings and structures shall be located in a manner assuming the least encumbrance on the land to provide for the continued open space use of that land.

Minimum Lot Area.

Building Structure Height Limitations. The maximum height for any single-family dwelling shall be two stories or 35 feet, whichever is less.

Yards and Building Setback Requirements. Refer to Section 9.16.040.010 for yard and building setback requirements.

Conditional Uses. The Zoning Administrator shall determine the specific development standards that will ensure compatibility to surrounding areas and conformance with this section.

Findings of Fact.

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:

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

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:

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.

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.

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:

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:

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.

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

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.

Conditions for Variances.

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:

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