Garden Grove City Zoning Code
CHAPTER 9
28 SPECIFIC PLANS
§ 9.28.010 Purpose.
A.
Specific plans are to be used for the regulation of land use and development consistent with the General Plan, as provided for in each specific plan document. It is intended that those plans will provide the basis for the development and use of those specific areas, with the underlying zoning and this title acting as supplement.
B.
Intent. Specific plans are included in the zoning regulations to achieve allowing purposes:
1.
To promote and protect the public health, safety and welfare;
2.
To implement the objectives and policies of the General Plan;
3.
To safeguard and enhance environmental amenities and the quality of development;
4.
To attain the physical, social and economic advantages resulting from comprehensive and orderly planned use of land resources; and,
5.
To facilitate development within the City in accordance with the General Plan by permitting greater flexibility and encouraging more creative and imaginative designs for major urban development projects subject to large-scale community planning:
a.
The land use specific plans provide a process for initiation, review and regulation of largescale, comprehensively-planned urban communities that affords the maximum flexibility to the developer within the context of an overall development program and specific, phased development plans coordinated with the provision of necessary public services and facilities tied to specific plans. The specific plan establishes criteria for uses, development standards, design and other provisions that contribute to the overall area's enhancement, preservation and livelihood,
b.
The "street" specific plans are concerned with the improvements, ultimate rights-of-way and circulation for streets and highways through the community. "Street" specific plans pertain particularly to: streets; highways; lot patterns; streets and arrangements; and special treatments of areas involving the use of land where necessary; recreational facilities; public buildings; off-street parking and related subjects.
(2758 § 2, 2009)
§ 9.28.020 General Requirements.
A.
A specific plan area shall be subject to unified planning, construction and development by a person, corporation or other entity; property owned by public utilities, local districts or local governments may be used as a connector of unified planning and development. Except as otherwise provided by this chapter, all use and development standards of the base zone shall apply. As used in this chapter, "base zone" shall mean the zoning district for the land included in the specific plan area.
B.
Procedures. The procedures governing the preparation and adoption of specific plans shall be as prescribed by the State Planning and Zoning Law as amended.
1.
Planning Commission Responsibility. The City Planning Commission shall be charged with the responsibility of reviewing plans and standards as an amendment to the general plan according to the procedures of the state planning and zoning law.
a.
The Planning Commission shall be responsible for the establishment of the public hearing process.
b.
The Planning Commission shall prepare and maintain, for public inspection, a map of the City on which shall be shown the location of all specific plans with proper identification to make accurate reference to the full scale map and the record pertaining to each specific plan.
c.
The Planning Commission shall identify and assign all specific plans serial numbers.
i.
The specific plan shall include a descriptive title sufficient to identify the subject and location.
ii.
A map shall accompany the specific plan that sets forth, in detail, all pertinent features and information necessary to ensure compliance with, and enforcement of, the provisions and requirements of the specific plan.
2.
City Council Approval. The City Council shall review and act upon the plans and standards as an amendment to the General Plan. Determination shall be made by the council that the establishment of the specific plan and approval of the development shall:
a.
Provide for the development of a comprehensively planned development that is superior to development otherwise allowable under alternate regulations;
b.
Provide for development within the specific plan area in a manner consistent with the General Plan and with related development and growth management policies of the City;
c.
Provide for the construction, improvement or extension of transportation facilities, public utilities and public services required by development within the specific plan area;
d.
Provide the measures for implementation of the specific plan.
3.
Additions or Amendments by Resolution. Additions or amendments to specific plans shall be made by resolution in the manner prescribed by the state planning and zoning law.
C.
Responsibility for Administrative Conformance. Each officer or employee of the City having the responsibility and authority for issuing licenses or permits, and any officer or official body having the authority or responsibility to pass upon specifications for public or private projects shall not issue a license, permit or approve any project, plan or specification that does not conform in form or purpose, with any feature of the specific plans as discussed in this chapter.
(2758 § 2, 2009)
§ 9.28.030 Use Regulations.
Allowable Uses. Each specific plan shall be as established by a development plan text approved by the City Council. The development plan text may incorporate uses by reference to specific base district provisions or may establish specific use lists with definitions pertaining to the specific plan.
A.
Buildings, utilities or other installations that exist within areas reserved by a specific plan for public use at the effective date of adoption of a specific plan may continue with reasonable maintenance, but may not be enlarged or replaced.
B.
Existing uses within the specific plan at the time of its establishment shall be deemed allowable and shall be incorporated in the development plan, unless terminated, discontinued or changed pursuant to a specific time schedule incorporated in the development plan text.
(2758 § 2, 2009)
§ 9.28.040 Site Development Regulations for Land Use Specific Plans.
A.
General. Specific plans pertaining to the regulation and development of the land use plan shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity.
1.
Site planning on the perimeter shall provide for the mutual protection of the specific plan area and surrounding property from potential adverse influences.
2.
That the specific plan address all issues pertinent to its implementation concerning each zone district. Such issues shall include preservation, rehabilitation, circulation, land use compatibility, uses, design, development standards, design guidelines and other related items.
B.
The specific plans are to establish base zones in order to address those areas not included within the specific plan. The base zones provide the development standards, use regulations and operations requirements where the specific plans are silent.
C.
Operating Conditions and Maintenance. All operating conditions, maintenance or other standards not specifically addressed in the specific plan shall be governed by standards of Title 9 regulating the same land use category.
(2758 § 2, 2009)
§ 9.28.050 "Street" Specific Plans.
A.
General. Street specific plans shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity.
1.
Site planning on the perimeter shall provide for the mutual protection of the specific plan area and surrounding property from potential adverse influences.
2.
Building permits shall not be issued for the construction of any building or structure (signs excluded); the use of land shall not be changed to a less restrictive use, and the occupancy of any building shall not be changed to a less restrictive use until there is compliance with the requirements listed below.
B.
Requirements. The following provisions apply to any land that abuts upon, or is directly reached by way of, any street or highway that is shown upon any specific plan, or, any street or highway, that abuts upon any alley, drainage way or other street or highway facility shown on an adopted specific plan.
1.
The construction of buildings, walls, wells or other improvements within an area designated by a specific plan that is planned for a street, alley, public building site, park, playground or other form of public use is prohibited.
a.
This prohibition shall not apply to street improvements, including sidewalks, or to surface or subsurface installation of public utility services whether installed by a public agency, privately-owned public utility or individuals.
b.
Further, such installation shall conform to application legal controls.
2.
Easements or rights-of-way for any street, highway, alley, drainage way or facility and the location, width and extent shown on standard plans of streets and highways or specific plans shall be dedicated to or vested in the City or shall irrevocably and unconditionally be offered for dedication to the City except as follows:
a.
When the floor area of a single-family building addition is added to the floor area of all other single-family building additions that have been constructed since February 20, 1971, and the sum is less than 25% of the gross floor area existing on the effective date of the ordinance codified in this title.
b.
When a specific plan offsets the street centerline, thereby requiring the dedication of land on one side of the street in excess of the original specific plan requirements, the property owner shall not be required to dedicate excess property; however, setback requirements based on the currently-effective specific plans shall be observed.
3.
The easements or rights-of-way shall be improved by the installation of concrete curbs, gutters, sidewalks and drainage facilities and street paving in full compliance with the "Standard Plans for Streets and Highways" with the following exceptions:
a.
For single-family dwellings, when the floor area of a proposed building addition is added to the floor area of all other building additions that have been constructed since February 18, 1971, and the sum is less than 25% of the gross floor area existing on February 18, 1971, these provisions shall not apply.
b.
Where only sidewalk installation is required on a local street and where more than 50% of the block based on front footage on the same side of the street is without sidewalks, no sidewalks shall be required.
c.
For commercial and industrial buildings, when the floor area of a proposed building addition is added to the floor area of all other building additions that have been constructed since February 18, 1971, and the sum is less than 25% of the gross floor area existing on that date, the owner shall pay to the City a fee equal to one-half the estimated cost of the required improvements as estimated by the City Engineer.
d.
The amounts collected under these provisions shall be placed in a trust fund to be used to construct street improvements only for those properties for which funds have been deposited. The City shall assume the responsibility for the construction of the street improvements at the City's convenience after the property owner has paid the above fees.
4.
Where, subsequent to June 18, 1956, the owner of any land has provided, by dedication without compensation, easements or rights-of-way for public street purposes to meet the requirements of the City at the time the dedication was made, the property owner shall not be required to provide any further dedication for public street facilities, unless otherwise noted.
5.
Where the owner of any land has provided improvements for public street purposes to meet the requirements of the City at the time the improvements were made, the property owner shall not be required to relocate the improvements.
C.
Waivers. The following provisions shall allow for reduction in the minimum lot size and/or minimum street frontage requirements.
1.
An applicant may apply for a waiver of specific plan standards when the nature of the use involved or other relevant circumstances make the requirements of the specific plan insufficient or excessive.
2.
Waivers may encourage the most productive use of the land, provided the Planning Commission determines that the waiver will result in a development plan that is superior to that which could be obtained by the rigid application of the detailed provisions of the specific plan.
3.
These waivers may be approved in accordance with the following procedures, provided such exceptions and modifications are consistent with the purpose and intent of the specific plan:
a.
Any property owner, his or her authorized agent or the City may apply for a waiver of the minimum lot size and/or minimum street frontage requirements.
b.
Waiver of the minimum lot sizes and/or minimum street frontage requirements shall be permitted, subject to the site plan approval procedures in this title and in the applicable adopted specific plan.
c.
The minimum lot size and/or minimum street frontage may be decreased up to 15%, subject to the approval of the Planning Commission based upon the quality of the development plan, beyond that which could be obtained by the rigid application of the requirement.
D.
Improvements. It shall be the responsibility of the owner of any land regulated by the specific plan to provide the required improvements.
1.
In the event that the immediate construction of physical improvements is not possible or practical, an agreement may be entered into between the City and the owner of the land by which the owner agrees to perform the necessary construction when required by the City.
2.
In the event an agreement for improvements is entered into, a cash deposit or bond in the amount of the estimated cost of the improvements shall be deposited with the City.
3.
It shall be the responsibility of the City Engineer to estimate the cost of any improvements required.
E.
Development and Maintenance Standards. All development standards not specifically addressed by the conditions and requirements in this section shall be governed by the general development and maintenance requirements of the base zone or zones.
(2758 § 2, 2009)
§ 9.28.060 Adopted Specific Plans.
Specific plans will be adopted by the City Council from time to time. Due to their unique nature and size they are not included within the Title 9 document itself. Copies of the adopted specific plans are available for review and sale at the Garden Grove City Hall, City Clerk's office. The following list indicates those specific plans currently adopted:
Subsection | Title |
|---|---|
9.1.5.05 | Harbor Corridor Specific Plan |
9.1.5.06 | Community Center Specific Plan |
9.1.5.07 | Brookhurst/Chapman Specific Plan |
(2758 § 2, 2009)