Agenda, first session — Garden Grove City Council, September 27, 2022 (part 7 of 10)

Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 16 b. Existing or previously demolished residential dwelling units that are or were rented by lower or very low income households within the five -year period preceding the application submittal date.

6. “Relocation Assistance Law” shall mean Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and its related implementing regulations.

7. “Very low income households” has the same meaning as defined in Health and Safety Code Section 50105.

E. Replacement of Dwelling Units. If a housing development project will require the demolition of one or more residential dwelling units, the project shall create at least as many residential dwelling units as will be demolished.

F. Replacement of Protected Units. If a housing development project is located on a parcel or parcels on which protected units are or were located, the project shall comply with the following:

1. Number of Total Units Required. The project shall include at least as many total dwelling units as the greatest number of permitted dwelling units that existed on the project site within the five
-year period preceding the application submittal date.

2. Number of Replacement Protected Units Required. The project shall replace all previously demolished protected units and all existing protected units that will be demolished as part of the project in accordance with this Section. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number.

3. Projects Involving Demolition of Occupied Protected Units. If any existing protected units to be demolished are occupied on the date of application submittal, the housing development project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If a project site containing occupied protected units to be demolished also contains unoccupied protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the housing development project shall also provide at least the same number of dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied these protected units in the same proportion of lower income renter households to all renter households within the City of Garden Grove, as determined by the most recently available data from the United States Department of Housing and Urban Development’s

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 17 Comprehensive Housing Affordability Strategy database, and replacement protected dwelling units shall be provided in that same percentage.

4. Projects Only Involving Vacated or Demolished Protected Units. If all protected units on the site of a housing development project are vacant or have been demolished within the five-year period preceding the application submittal date, the housing development project shall provide at least the same number of dwelling units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application submittal date to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these protected units in the same proportion of low-income and very low income renter households to all renter households within the City of Garden Grove, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database, and replacement protected dwelling units shall be provided in that same percentage.

5. Single-Family Projects Involving a Single Protected Unit. Notwithstanding subsections 3 and 4, above, if a housing development project consists of a single residential unit on a site with a single protected unit, that protected unit may be replaced with a unit of any size at any income level.

6. Location of Protected Units. Except as provided in the next sentence, dwelling units required to replace protected units shall be located on the same parcel or parcels as other units in the proposed new housing development project. Notwithstanding the preceding sentence, subject to approval of the Department Director, an applicant may locate a replacement unit on a different parcel in the City zoned for residential use, provided that (i) the development of units on different parcels is proposed as part of, and in the same, application as the remainder of the housing development project, (ii) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met, and (iii) the applicant demonstrates that no residential tenants on the other parcel have been or will be displaced as a result of development of the replacement unit.

7. Timing of Construction of Replacement Units. All replacement units shall be constructed concurrently with or prior to other units in the housing development project.

The City shall not issue a certificate of occupancy for any other units in a housing development project until certificates of occupancy have been issued for the replacement unit(s).

8. Affordability Period. All rental replacement units shall be made available to lower or very low income households, as applicable, at an affordable rent for at least 55 years.

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 18 9. Regulatory Agreement Required. The record owner(s) of the property shall enter into a regulatory agreement with City pursuant to section 9.60.050.

G. Benefits to be Provided to All Occupants of Protected Units.

1. Right to Remain in Occupancy Pending Demolition. The record owner of an occupied protected unit that will be demolished as part of a housing development project shall allow the existing occupants of the protected unit to occupy the unit until six months before the start of construction activities with proper notice, pursuant to the Relocation Assistance Law. The record owner shall deliver a notice of intent to terminate residency to the Department Director
and to the occupant household.

2. Right to Return if Demolition Does Not Proceed. The record ow ner of an occupied protected unit that will be demolished as part of a housing development project shall allow any existing occupants of the protected unit that are required to leave the unit to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market. The notice of intent to terminate residency required pursuant to subsection a. shall include notice of this right. In addition, this right shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Department Director.

H. Benefits to be Provided to Occupants of Protected Units that are Lower Income Households.

1. Right of First Refusal for a Comparable Unit in New Housing Development Project.

a. Except as provided in subsection H.1.b., below, the record owner of a protected unit that will be demolished as part of a housing development project shall agree to provide existing occupants of the protected unit to be demolished as part of a housing development project that are lower income households with a right of first refusal for a comparable dwelling unit available in the new housing development affordable to the household at an affordable rent or affordable housing cost. A comparable dwelling unit is a dwelling unit containing the same number of bedrooms as the demolished protected unit, except that where the protected unit is a single-family home that contains four or more bedrooms, a comparable unit is a unit containing three bedrooms. The right of first refusal shall be memorialized in a written agreement, covenant, or other document that is enforceable by the occupant(s) of the protected unit, the form of which shall be subject to review and approval by the Department Director.

Subsection H.1.a. shall not apply to (i) a housing development project that consists of a single residential unit located on a site where a single protected unit is being demolished, or (ii) units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households, unless the occupant of the protected unit qualifies for residence in the

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 19 new development and providing a comparable unit to the occupant would not be precluded due to unit size limitations or other requirements of one or more funding sources of the housing development project.

2. Relocation Benefits.

a. The applicant and/or the record owner of a protected unit that will be demolished as part of a housing development project shall provide existing occupants of the protected unit to be demolished as part of a housing development project that are lower income households with relocation benefits consistent with the requirements of the Relocation Assistance Law. By way of example, said relocation benefits may include, without limitation, advisory assistance in finding comparable new housing, payment of moving expenses, and rental assistance payments.

The applicant shall engage a qualified third-party contractor or consultant (a “relocation consultant”) approved by the Department Director to determine the eligibility of occupants for benefits pursuant to this Section, prepare a relocation plan, an
d oversee the provision of the required relocation benefits.

c. The applicant’s relocation consultant shall prepare a written relocation plan consistent with the provisions of the Relocation Assistance Law, which plan shall be subject to review and approval by the Department Director. The relocation plan shall include, without limitation, provisions addressing the following:

i. determination of eligibility requirements;

ii. identification of eligible occupants;

iii. occupant interviews and needs assessments;

iv. an evaluation of the availability of comparable replacement housing within the relevant geographic area;

v.
identification of specific replacement housing options;

vi. the provision for relocation advisory services to affected occupants;

vii. a description of the relocation benefits available to eligible occupants;

viii. a process for the provision of benefits and the submission of benefit claims by eligible occupants;

ix. a process for occupants to appeal benefit determinations; and

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 20 x. procedures for providing the benefits required pursuant to Subsections G and H, above, including copies of the required notices, agreements, and other forms needed to implement the provision of said benefits.

Prior to the issuance of a grading or building permit for the housing development project, the relocation consultant shall provide a letter to the Department Director
certifying that the relocation process has been completed and that all required relocation benefits have been provided.

I. Reimbursement of City’s Fees and Costs to Implement this Section.

A. Reimbursement of Professional Fees and Costs. If benefits are required to be provided to the occupants of protected units pursuant to Subsections G or H of this Section, the applicant shall reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third-party consultants engaged by the City to provide consultation, advice, analysis, and/or review or preparation of documents in connection with the review of a relocation plan, notices, or other required forms and documents and the monitoring and/or enforcement of compliance with requirements for provision of benefits. Concurrent with or prior to the applicant’s submittal of any notice, agreement, plan, or other document requiring approval of the Department Director pursuant to Subsections G or H, the applicant shall execute a reimbursement agreement with the City in a form approved by the City Attorney and provide a deposit to the City in an amount sufficient to cover the estimated total professional fees and costs to be incurred by the City, as determined by the Department Director in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

Upon certification that all required benefits have been provided, the Department Director shall provide the applicant with an invoice containing an accounting of the actual legal and third-party consulting costs incurred by the City and the amount(s) of all deposits provided by the applicant. If the actual legal and third-party consulting costs incurred by the City for such review are less than the amount of the deposit(s) made by the applicant, the City shall reimburse the applicant for the difference at the time it provides the invoice. If the actual legal and third-party consulting costs incurred by the City exceed the amount of the deposit(s) made by the applicant, the applicant shall pay City the difference within thirty (30) days of receipt of the invoice from the City, and no grading or building permit for the housing development project shall be issued until said amount is paid in full.

B. In addition to the reimbursement of professional fees and costs pursuant to Subsection I.A., above, the City may charge a fee or fees to recover the City ’s other reasonable costs to implement the provisions Subsection (d) of Government Code Section 66300 and this Section. Any such fees shall be adopted by resolution of the City Council.

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 21 9.60.070 Transitional and Supportive Housing Projects

A. Transitional Housing and Supportive Housing. In accordance with subdivision (c)(3) of Government Code Section 65583, transitional housing and supportive housing are considered residential uses of property and shall be subject only to those approval requirements, development standards, and restrictions that apply to other residential dwellings of the same type or configuration
in the same zone.

B. Supportive Housing For the Homeless.

1. Notwithstanding any other provision of this Code, pursuant to Government Code Section 65651, a supportive housing for the homeless development shall be permitted as a use by right in any zoning district where multiple-family dwellings and residential/commercial mixed use
developments are permitted, including nonresidential
zones where multiple-family dwellings are permitted.

2. The Department Director shall review and approve or disapprove a proposed supportive housing for the homeless development within the time periods set forth in Government Code Section 65653.

3. The following provisions shall apply to a supportive housing for the homeless development:

a. The development shall be subject to the same objective development and design standards, policies, and fees that apply to multiple -family residential developments or multiple-family residential components of mixed-use projects in the zone in which the development is located; provided, however, that, if the proposed development is located within one-half mile of a public transit stop, no minimum parking requirements shall apply to the units occupied by supportive housing residents.

The development shall satisfy all requirements set forth in Government Code Section 65651.

c. The applicant shall submit for review and approval by the Department Director a plan for providing on-site supportive services, along with supporting documentation, in accordance with Government Code Section 65652. Such on-site supportive services may include transportation services, counseling services, individual case management, job readiness training, assistance in applying for competitive employment, housing retention assistance services, health status improvement services, mental health services, drug rehabilitation services , p
arenting services, and budgeting and life skill services.

d. The property owner shall enter into a regulatory agreement with the City pursuant to section 9.60.050 to ensure compliance with the provisions of Government Code Section 65651 and this subsection 9.60.070.B.

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Garden Grove Focused Code Updates – Special Housing Regulations Public Hearing Draft – Sept. 2022 22 C. Low-Barrier Navigation Centers.

1. Notwithstanding any other provision of this Code, a low-barrier navigation center meeting the requirements of Government Code Sections 65660 et. seq. shall be permitted as a use by right in any zoning district where residential/commercial mixed use developments are permitted and in any nonresidential zoning district where multiple- family dwellings are permitted.

2. The Department Director shall review and approve or disapprove a proposed low- barrier navigation center within the time periods set forth in Government Code Section 65664.

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Planning Commission -1- September 1, 2022

MINUTE EXCERPT

GARDEN GROVE PLANNING COMMISSION

PUBLIC HEARING – AMENDMENT NO. A- 035-2022, CITY OF GARDEN GROVE, CITYWIDE.

Applicant: CITY OF GARDEN GROVE
Date: September 1, 2022

Request: A request by the City of Garden Grove to amend Title 9 (Land Use) of the Garden Grove Municipal Code to make focused zoning amendments to implement various policies and programs set forth in the General Plan Housing Element and Land Use Element and to ensure compliance with applicable State housing laws. Focused zoning text amendments to Chapters 9.04 (General Provisions), 9.08 (Single-Family Residential Development Standards), 9.12 (Multifamily Residential Development Standards), 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards), 9.18 (Mixed Use Regulations and Development Standards), and 9.32 (Procedures and Hearings) of Title 9 of the Municipal Code are proposed to update the definitions, development standards, and land use action procedures pertaining to single-family residential, multiple-family residential, mixed use, landscaping standards, supportive housing, and single room occupancy housing. The addition of a new Chapter in Title 9 of the Municipal Code containing and consolidating special regulations pertaining specifically to housing development projects is also proposed. The proposed focused zoning amendments are intended to implement recent updates to the City’s General Plan Housing Element and La nd Use Element and to ensure the City of Garden Grove’s Land Use Code is consistent with all applicable State housing laws, including, but not limited to, the Housing Accountability Act, the Housing Crisis Act, the State Density Bonus Law, and the Housing Element Law.

In conjunction with this request, the City of Garden Grove will consider a determination that no further review under the California Environmental Quality Act (“CEQA”) is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 because the proposed focused zoning amendments implement the General Plan update analyzed in the City of Garden Grove Focused General Plan Update and Zoning Amendments Environmental Impact Report, State Clearinghouse No. 2021060714 (“Garden Grove Gen eral Plan Update and Focused Zoning Amendments”), potential impacts of the focused zoning amendments fall within the scope of the General Plan Update EIR, and the focused zoning amendments will not result in any

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Planning Commission -2- September 1, 2022
new significant impacts or a substantial increase in the severity of previously identified significant impacts. The Planning Commission will make a recommendation to the Garden Grove City Council.

Action: Public Hearing held. Speaker(s): None.

Action: Resolution No. 60 51-22 was approved.

Motion: Lindsay Second: Arestegui

Ayes: ( 4) Arestegui, Cunningham, Lindsay, Soeffner
Noes: (0) None

Absent: (3) Lehman, Perez, Ramirez

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1709874.2
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING AMENDMENT NO. A-035-2022 TO AMEND TITLE 9 (LA ND USE)

OF THE GARDEN GROVE MUNICIPAL CODE TO MA KE FOCUSED ZONING

AMENDMENTS TO IMPLEM ENT VARIOUS POLICIES AND PROGRAMS SET

FORTH IN THE GENERAL PLAN HOUSING ELEMENT AND LAND USE

ELEMENT AND TO ENSUR E COMPLIANCE WITH AP PLICABLE STATE HOUSING LAWS.

City Attorney Summary

This Ordinance amends Title 9 (Land Use) of the Garden Grove Municipal Code to make focused zoning amendmen ts to implement various policies and programs set forth in the General Plan Housing Element and Land Use Element and to ensure compliance with applicable State housing laws.

Focused zoning text amendments to Chapters 9.04 (General Provisions),

9.08 (Single-Family Residential Development Standards), 9.12 (Multifamily Residential Development Standards), 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards), 9.18 (Mixed Use Regulations and Development Standards), and 9.32 (Procedures and Hearings) of Title 9 of the Municipal Code are proposed to update the definitions, development standards, and land use action procedures pertaining to single -family residential, multiple -family residential, mixed use, landscaping standards, s upportive housing, and single room occupancy housing. T his Ordinance also adds a new Chapter in Title 9 of the Municipal Code (Chapter 9.60 – Special Housing Regulations) containing and consolidating special regulations pertaining specifically to housing development projects.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AND
DETERMINES AS FOLLOWS:

WHEREAS, Government Code 65584 requires local jurisdictions to encourage, promote, and facilitate the development of housing to accommodate its regiona l housing need; and

WHEREAS, the Cit y of Garden Grove has previously adopted a Focused General Plan Update and Zoning Amendments project (collectively, the “FGPUZA”), which included (1) General Plan Amendment No. GPA -003-2021, consisting of updates to th e General Plan Housing Element, Land Use Element, and the Safety Element, and adoption of a new General Plan Environmental Justice Element to comply with State law provisions, including complying with the 6 th Cycle (2021 - 2029) of the Regional Housing Needs Assessment (RHNA) that requires the City to plan for 19,168 residential dwelling units for all income levels during the 2021-2029 planning period ; and (2) Zoning Amendment No. A -031-2021, consisting of text/map amendments to Title 9 of the Municipal Code and to the Zoning Map to implement the Housing Element and Land Use Element Updates; and

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Ordinance No. Page 2
1709874.2
WHEREAS, Amendment No. A -035-2022 is a continuation of the efforts initiated by the previously adopted FGPUZA, by amending Title 9 (Land Use) of the Garden Grove Mun icipal Code to make focused zoning amendments to implement various policies and programs set forth in the General Plan Housing Element and Land Use Element and to ensure compliance with applicable State housing laws ; and

WHEREAS, in compliance with the Ca lifornia Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (CEQA Guidelines) , a Program Environmental Impact Report (Program EIR) had been prepared and adopted, along with a Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, for the previously adopted FGPUZA which analyzed potential environmental impacts; and

WHEREAS, the City Council hereby finds and determines that no further review under the California Environmental Quality Act (“CEQA”) is required pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162 because the proposed focused zoning amendments im plement the General Plan update analyzed in the FGPUZA Environmental Impact Report, State Clearinghouse No. 2021060714 (“Garden Grove General Plan Update and Focused Zoning Amendments”), potential impacts of the focused zoning amendments of Amendment No. A-035-2022 fall within the scope of the General Plan Update EIR, and the focused zoning amendments will not result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts ; and

WHEREAS, the Planning Commission of the City of Garden Grove held a duly noticed public hearing on September 1, 2022 and considered all oral and written testimony presented regarding Amendment No. A-035-2022; and,

WHEREAS, on September 1, 2022 , following the public hear ing, the Planning Commission adopted (i) Resolution No. 6051-22 recommending that the City Council approve Amendment No. A-035-2022; and

WHEREAS, a duly noticed public hearing regarding Amendment No.

A-035-2022 was held by the City Council on September 27, 2022, and all interested persons were given an opportunity to be heard; and,

WHEREAS, the City Council gave due and careful consideration to the matter ; and

WHEREAS, the City Council hereby makes the following findings regarding Amendment No. A-035-2022:

A. Amendment No. A -035-2022 is internally consistent with the goals, objectives and elements of the City’s General Plan as described in the Findings and Reasons of Planning Commission Resolution No. 6051-22.

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Ordinance No. Page 3
1709874.2

B. Amendment No. A -035-2022 will pro mote the public interest, health, safety, and welfare as described in the Findings and Reasons of Planning Commission Resolution No. 6051-22.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Cou ncil finds that the above recitals are true and correct.

SECTION 2. Amendment No. A -035-2022 is hereby approved pursuant to the findings set forth herein and the facts and reasons stated in Planning Commission Resolution No. 6051-22, a copy of which is on file in the Office of the City Clerk, and which is incorporated herein by reference with the same force and effect as if set forth in full.

SECTION 3. Chapters 9.04 (General Provisions), 9.08 (Single-Family Residential Development Standards) , 9.12 (Multifamily Residential Development Standards), 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards), 9.18 (Mixed Use Regulations and Development Standards), and 9.32 (Procedures and Hearings) of Title 9 of the Garden Grove Municipal Code are hereby amended to update the definitions, development standards, and land use action procedures pertaining to single -family residential, multiple-family residential, mixed use, landscaping standards, supportive housing, and single ro om occupancy housing as shown in Exhibit A attached to this Ordinance (additions in underlined text; deletions in struck out text).

SECTION 4. Title 9 of the Garden Grove Municipal Code is hereby amended to add a new chapter, Chapter 9.60, titled “Special Housing Regulations”, attached as Exhibit “B”, which contain and consolidate special regulations pertaining specifically to housing development projects.

SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pur suant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

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Garden Grove Focused Code Updates – Definitions Public Hearing Draft – September 2022 1 | P a g e
Exhibit A (Authority and Definitions)

Amend Section 9.04.030 – Authority as follows:

9 .04.030 Authority
Review Authorities. The development review process involves the participation of the following:

A. Planning Commission.

1. The Planning Commission is created pursuant to the provisions of Title 7, Division 1, Chapter 3 of the State of California Government Code and of Section 2.24.020 of the Garden Grove Municipal Code.

2. The Planning Commission is governed by the regulations provided in Sections 2.24.030 through 2.24.100 of the Garden Grove Municipal Code, and performs the duties stated in those sections.

3. The powers of the Planning Commission are indicated in Section 9.32.030.

B. City Manager or Designee. The City Manager or designee shall perform the duties and functions provided in this code, in addition to the day to day and long range management of the City’s land use staff. Wherever and provision of Title the vests authority or responsibility in the Department Director, the Department Director shall be deemed the City Manager’s designee.

C. Zoning Administrator.

1. The Zoning Administrator and Deputy Zoning Administrator shall be appointed by the City Manager in accordance with Sections 2.08.090 and 2.08.100 of the municipal code.

2. The Zoning Administrator shall perform those functions established by state law and city ordinance, and shall conduct meetings in accordance with Section 2.24.130 of the municipal code.

D. Planning Coordinating Committee.

1. The Planning Coordinating Committee shall be composed of two sections, the Technical Review Board and the Environmental Review Board.
a. The Technical Review Board shall be composed of representatives from departments who have responsibility for analyzing and commenting on the technical merits of a development project. The City Manager or designee shall determine the membership of the Technical Review Board. b. The Environmental Review Board shall consist o
f the planning services manager, the
engineering services manager, and a third member appointed by the City Manager or designee.

The Environmental Review Board shall conduct an environmental assessment of each project and determine the proper environmental process to follow, in accordance with the California Environmental Quality Act and with this title.

2. The Planning Coordinating Committee shall be responsible for reviewing proposed development projects for their technical merits and compliance with zoning, building, fire and other applicable state and local codes.

3. The Planning Coordinating Committee shall review all project-related issues and coordinate the recommendations and conditions of approval from the City departments.

E. City Council.

1. The powers of the City Council are indicated in Section 9.32.030.

2. The City Council shall be the final appeal body regarding any land use action.

Exhibit "A"

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Garden Grove Focused Code Updates – Definitions Public Hearing Draft – September 2022 2 | P a g e

Amend Section 9.04.060.C to include the following new and replacement definitions:

“Department Director” means the City’s Director of Ec
onomic and Community Development or other
individual designated by the City Manager to supervise the City’s Community Development department, or his or her designee.

“Low-barrier navigation center” refers to a Housing First, low-barrier, service-enriched shelter focused on moving individuals experiencing homelessness into permanent housing and connecting them to services.

A “low barrier navigation center” includes any facility that meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code or any similar facility owned by the City, regardless of whether it strictly meets the definition and requirements set forth in Sections 65660 and 65662 of the Government Code.

“Open Space, Active” is open space that is used for sports, exercise, or active play. It can include amenities such as playgrounds, exercise machines, or athletic fields.

“Open Space, Passive” is open space that is not specifically created for physical activities but can used for relaxing and sitting. They are designed for use in unstructured or informal ways and can include amenities such as benches, picnic tables, or BBQ grills.

“Playing courts” means a paved or other hard-finished or gravel surface developed specifically for sports use, such as a tennis court, basketball court, or bocce ball court.

“Single room occupancy (SRO)” means a type of residential building containing five or more individual dwelling units, together with common kitchen, dining, and social areas, and where each individual unit is intended for occupancy by no more than two persons due to the size of each unit, which typically ranges from 150 to 400 square feet and contains no more than two rooms, and which complies fully with the use regulations and development standards set forth in Section 9.12.050 (Single Room Occupancy Use Regulations and Development Standards).

“Supportive housing” has the same meaning as defined in Section 65582 of the Government Code and is housing with no limit on length of stay, that is occupied by the “target population,” and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

The “target population” for purposes of supportive housing is defined in Section 65582 of the Government Code and refers to persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

“Supportive housing for the homeless” has the same meaning as defined in Section 50675.14 of the Health and Safety Code and is a form of affordable permanent supportive housing specifically serving homeless individuals or youths. The “target population” for purposes of supportive housing for the homeless is defined in Section 50675.14 of the Health and Safety Code and consists of persons,

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Garden Grove Focused Code Updates – Definitions Public Hearing Draft – September 2022 3 | P a g e
including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, who currently reside in a supportive housing project and were “homeless” when approved for tenancy in the supportive housing project in which they currently reside, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 12597 of the Government Code.

“Transitional housing” has the same meaning as defined in Section 65582 of the Government Code and means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

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Garden Grove Focused Code Updates – SFR Standards Public Hearing Draft – September 2022 1 | P a g e
Exhibit B (Single-Family Residential)

CHAPTER 9.08 SINGLE-FAMILY RESIDENTIAL DEVELOPMENT STANDARDS

Se
ction 9.08.020.030 is hereby amended to read as follows:

Section 9.08.020.030, Table 1, City of Garden Grove Land Use Matrix

Zones Uses R-1
Residential
. . .

Supportive Housing1, Residential Group Living – 6 Persons or Less P Transitional Housing1, Residential Group Living – 6 Persons or Less P . . .

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.

Se
ction 9.08.030.020 is hereby amended to read as follows:

Section 9.08.030.020.C.2 Planned Unit Development

C. 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:

1. 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.

2. 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 one acre s 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.

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

4. 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.

5. Any violation of any planned unit development regulation shall be a misdemeanor penalized pursuant to Section 1.04.010 and Chapter 9.32 of this code.

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Section 9.08.030.060 is hereby amended to read as follows:

Section 9.08.030.060 Density Bonuses and Other Incentives for Affordable H ousingReserved

A. Purpose and Intent. The California Legislature has determined that the provision of affordable housing for moderate, lower and very low-income individuals and senior citizens, and childcare facilities are of primary importance in the state, and must be encouraged at the local level. The purpose of this section is to establish a methodology pursuant to state law providing incentives to developers proposing affordable housing to the community.

B. Applicability. This section shall apply to all housing developments, as defined in this section, consisting of five or more units, unless the City Council makes a finding that the bonus and incentives are not needed to achieve affordability.

C. Definitions. As used in this section, the following words and phrases shall have the following meanings:

1. “Child care facility” means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

2. “Concession or incentive” means:
a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, and that result in, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions; or b. Approval of mixed use zoning in conjunction with a housing project if commercial, office, industrial, or other land uses will reduce the cost of a housing development and if the commercial, office, industrial, or other land uses are compatible with a housing project and the existing or planned development in the area, including the City’s General Plan, where a proposed housing project will be located; or c. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable, financially sufficient, and actual cost reductions. d. This subdivision shall not require the City to provide direct financial incentives or publicly owned land for the housing development, or to waive fees or dedication requirements.

3. “Density bonus” means a density increase of at least 20% (unless the applicant elects a lower percentage) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan for housing developments meeting the criteria of subsection D.1.a.i—iii, of at least five percent for housing developments meeting the criteria of subsection D.1.a.iv (unless the applicant elects a lower percentage), and of at least 15% for housing developments that entail a land donation meeting the criteria of subsection D.1.b (unless the applicant elects a lower percentage).
a. The amount of the density bonus to which an applicant is entitled shall vary according to the amount by which the percentage of affordable housing units provided exceeds the percentage established in subsection D. For each one percent increase above 10% in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5% up to a maximum of 35%. For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by 2.5% up to a maximum of 35%. For each one percent increase above 10% of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of 35%. When calculating the number of permitted density bonus units, any calculation resulting in fractional units shall be rounded to the next higher whole number. The density bonus units shall not be included in the maximum total when determining the number of target units required to qualify for a density bonus. b. Each housing development is entitled to only one density bonus, which may be selected based on the percentage for either very low-income target units, low-income target units, moderate income target units, or the project’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined.
c. The following table summarizes the above information:

Density Bonus Summary Table

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Target Group
Minimum %Target
Units Bonus Granted
Additional Bonus
for Each 1%
Increase in Target
Units
% Target Units
Required for
Maximum 35%
Bonus
Very Low-Income 5% 20% 2.5% 11%
Low-Income 10% 20% 1.5% 20%
Moderate Income
(Condo or PUD
Only) 10% 5% 1% 40%
Senior Citizen
Housing
Development 100% 20% — —

4. “Developer” means the legal or equitable owner, or authorized representative, of any lot or parcel within the City who intends to develop such lot in compliance with the provisions of this section.

5. “Housing development” means one or more groups of projects for residential units constructed in the planned development of the City. “Housing development” also includes a subdivision or a planned unit development or condominium project, as defined in Civil Code Section 1351, approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. The location of units, whether target units or non-restricted units, shall be in conformance with the specific plan, or other zoning regulations, as applicable. Nothing in this chapter shall be construed to require the granting of a density bonus for the construction of multifamily housing in single-family residential zoning districts.

6. “Target unit” means a dwelling unit within a housing development that will be reserved for sale or rent to, and is made available at an affordable rent or affordable ownership cost to, very low, low, or moderate-income households, or is a unit in a senior citizen housing development.

7. “Very low income households, low income households, and moderate income households” means persons or families whose income does not exceed the qualifying limit in Section 50050 et seq., of the California Health and Safety Code.

8. “Senior housing” means either a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development as defined in Section 51.3 of the California Civil Code.

D. Grant of Density Bonus.

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ii. The development acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed development. iii. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the City prior to the time of transfer.
iv. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c) of Government Code Section 65915, which shall be recorded on the property at the time of dedication. v. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer. vi. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

2. When an applicant agrees to construct a housing development that conforms to the requirements of subsection D.1 and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, unless it finds, based upon substantial evidence, that the community has adequate child care facilities, the City shall grant either:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility,
c. As a condition of approval of a housing development, the applicant shall ensure that the following occur:
i. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection F.
ii. of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subsection D. iii. Developer shall also agree to continue affordability of all density bonus units for very low income households, low income households, and moderate income households for the timeframes established in subsection G.

E. Required Concessions or Incentives.

1. A developer may submit a proposal to the City for the specific concessions or incentives that the developer requests pursuant to this section, and may request a meeting with the City. The City shall grant the concession or incentive requested by the developer, unless the City makes a written finding, based on substantial evidence, of either of the following:
a. The concessions or incentives are not required in order to provide affordable housing costs as defined in Section 50052.5 of the California Health and Safety Code or for rents for the targeted units to be set as specified in subsection D.3.
b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, subdivision (d), paragraph (2), upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households.

2. The developer shall receive the following number of concessions or incentives:

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a. One incentive or concession for projects that include at least 10% of the total units for low-income households, at least five percent for very low-income households, or at least 10% for persons and families of moderate income in a condominium or planned development. b. Two incentives or concessions for projects that include at least 20% of the total units for low-income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate income in a condominium or planned development. c. Three incentives or concessions for projects that include at least 30% of the total units for low- income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate income in a condominium or planned development. d. The following table summarizes the above information:

Concessions/Incentives Summary Table
Target Group Target Units
Very Low-Income 5% 10% 15%
Low-Income 10% 20% 30%
Moderate Income (Condo or PUD Only) 10% 20% 30%
Maximum Incentive(s)/Concession(s) 1 2 3
Note: A concession or incentive may be requested only if an application is also made for a density bonus.

3. Notwithstanding any other site development standards or zoning code requirements set forth in this code, upon request of the developer, the City shall grant a reduction in the vehicular parking ratio, inclusive of handicapped and guest parking, to at least the following ratios:
a. Zero to one bedrooms: one onsite parking space.
b. Two to three bedrooms: two onsite parking spaces. c. Four and more bedrooms: two and one-half parking spaces. d. If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a development may provide “onsite” parking through tandem parking or uncovered parking, but not through on-street parking.

F. Waiver or Modification. Developers may seek a waiver or modification of development standards that have the effect of precluding the construction of a housing development meeting the criteria of subsection D.1.a at the densities or with the concessions or incentives permitted by the section. The developer shall show that the waiver or modification is necessary to make the housing units economically feasible.

G. Continued Affordability and Development Standards.

1. Lower income and very low income target units shall remain affordable to the designated group for a period of 30 years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rental units targeted for lower income households shall be affordable at a rent that does not exceed 30% of 60% of the area median income as determined pursuant to Section 50079.5 of the California Health and Safety Code.

Rental units targeted for very low-income households shall be affordable at a rent that does not exceed 30% of 50% of the area median income, as determined pursuant to Section 50105 of the California Health and Safety Code. For-sale units targeted for lower or very low income households shall be affordable at a cost that such households can realistically qualify for such units according to standard lending practices, taking into account any subsidies or other financial assistance.

2. Moderate income target units shall remain affordable to the initial occupant, which must be persons and families of moderate income, as defined in Health and Safety Code Section 50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Health and Safety Code Section 33334.2 that promote homeownership. For purposes of this subdivision, the City’s proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale.

3. Target units shall be constructed concurrently with non-restricted units or pursuant to a schedule included in the density bonus housing agreement.

4. Target units shall be built on site and shall be dispersed within the housing development. The number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of

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the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this section.

H. Application Requirements and Review.

1. Preliminary Proposal. A developer shall submit a preliminary proposal for development to determine the means for complying with this section. The preliminary proposal shall be submitted prior to any formal requests for any land use action. All density calculations resulting in fractional units shall be rounded up to the next whole number. The preliminary proposal shall be subject to the same fees and procedural requirements for a preliminary proposal review. Within 60 days of the receipt of a complete written preliminary proposal, the City shall notify the developer, in writing, of the procedures required to comply with this section.

2. Formal Application. An application proposing a housing development pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
a. Site plan showing total number of units, number and location of target units, and number and location of proposed density bonus units.
b. Level of affordability of target units and proposals for ensuring affordability. c. Description of any requested concession or incentive, waivers or modifications of development standards, or modified parking standards. For all concessions and incentives, except mixed-use development, the application shall include evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection D.1.a at the densities or with the concessions or incentives permitted by this section. d. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection D.1.b can be made.
e. If a density bonus or concession is requested for a child care facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included in subsection D.1.c can be made.

3. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, variance, or other discretionary approval.

4. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the City Council.

5. Before approving an application for a density bonus, concession or incentive, waiver, or modification, the approval body shall make the following findings:
a. If the density bonus is based all or in part on donation of land, the findings included in subsection D.1.b.
b. If the density bonus or concession or incentive is based all or in part on the inclusion of a child care facility, the findings included in subsection D.2.
c. If the concession or incentive includes mixed use development, the finding included in subsection C.2.b.
d. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units the economically feasible.

6. If a request for a concession or incentive is developer has shown that the waiver or modification is necessary to make the housing units otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:

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a. The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
b. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

7. If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny the waiver or modification if it makes a written finding, based upon substantial evidence, of either of the following:
a. The waiver or modification is not necessary to make the housing units economically feasible. b. The waiver or modification would have a specific adverse impact upon health, safety, or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identifiable, written public health or safety standards, policies, or conditions.
c. The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

8. If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the City already has adequate child care facilities.

I. Density Bonus Housing Agreement.

1. Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.

2. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.

3. The density bonus housing agreement shall include, but not be limited to, the following:
a. The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units. b. Standards for determining affordable rent or affordable ownership cost for the target units. c. The location, unit size in square feet, and number of bedrooms of target units. d. Provisions to ensure affordability in accordance with subsection I.3.g of this section. e. A schedule for completion and occupancy of target units in relation to construction of non-restricted units.
f. A description of any concessions or incentives or waivers and modifications being provided by the City.
g. A description of remedies for breach of the agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the agreement. h. Procedures for qualifying tenants and prospective purchasers of target units. i. Any other provisions to ensure implementation and compliance with this section.

4. In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
a. Target units shall be owner-occupied by eligible very low, low, or moderate income households, or by qualified residents in the case of senior citizen housing developments. b. The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this section.

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5. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
a. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants;
b. Provisions requiring verification of household incomes; c. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

6. Density bonus housing agreements for child care facilities and land dedication shall ensure continued compliance with all conditions included in subsections D.2 and 3.

Section 9.08.040.020 is hereby amended to read as follo ws:

9.08.040.020 Residential—General Development Standards

A. Specific development standards for R-1 (Single-Family Residential) zone are in the following table:

R-1 Development Standards Table
Placement R-1
Setbacks
Front (1, 2)
Side setback (interior) Street side
Rear setback (6)

20 ft.
5 ft.
10 ft.
20% of lot depth not to exceed 25 ft.
(Main structures—See diagrams for R-1 required rear yards) 5 ft. (detached accessory structures)
Building height Main structure
Accessory structure
Not to exceed 35 ft.
17 ft.

Lot coverage (3) 50%
Maximum front setback coverage (4) 50%
Lot area per dwelling (minimum) 15,000 sq. ft.
11,000 sq. ft.
9,000 sq. ft.
7,200 sq. ft.
6,000 sq. ft.
5,000 sq. ft.

Minimum lot area per lot per zone R-1 (15,000 sq. ft.)
R-1 (11,000 sq. ft.)
R-1 (9,000 sq. ft.)
R-1 (7,200 sq. ft.)
R-1 (6,000 sq. ft.)
R-1 (5,000 sq. ft.)

15,000 sq. ft.
11,000 sq. ft.
9,000 sq. ft.
7,200 sq. ft.
6,000 sq. ft.
5,000 sq. ft.

Lot width interior lots R-1 (15,000 sq. ft.)
R-1 (11,000 sq. ft.)
R-1 (9,000 sq. ft.)
R-1 (7,200 sq. ft.)

100 ft.
90 ft.
75 ft.
60 ft.

R-1 (6,000 sq. ft.) 60 ft.

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R-1 Development Standards Table
Placement R-1
R-1 (5,000 sq. ft.) 55 ft.

Corner lots
R-1 (15,000 sq. ft.)
R-1 (11,000 sq. ft.)
R-1 (9,000 sq. ft.)
R-1 (7,200 sq. ft.)
R-1 (6,000 sq. ft.)
R-1 (5,000 sq. ft.)

100 ft.
90 ft.
75 ft.
65 ft.
65 ft.
55 ft.

1. In no case shall the setback be less than 10 feet.

2. Garages opening directly to the street may be permitted to have an 18-foot setback, but only for properties zoned for 5,000 and 6,000 square foot lots, and provided that the garage is equipped with a roll-up garage door. Garages may be permitted with 15-foot setbacks on properties zoned for 5,000 and 6,000 square foot lots if the garage door is perpendicular to the front property line.

3. Lot coverage includes all building and structures (primary and a ccessory) and required uncovered parking areas, and excludes uncovered swimming pools and permeable or semi-permeable recreational surface areas.

4. Hardscape percentage includes driveways (except allowed standard driveway in the front yard).

5. Applications for density bonuses may be made as provided for by state law.

6. Also see Section 9.08.040.030.A.1 and 2.a.1.

A. 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.

B. 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.

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

D. 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
Single-family dwellings — 750 sq. ft. 900 sq. ft. 1,050 sq. ft.

E. Exceptions: No efficiency units shall be provided without processing of a planned unit development.

F. For the purposes of open space provisions, swimming pools, spas, patios, and decks shall be counted as open space, as well as playing courts provided with clear, permanent barriers that preclude their use as parking areas, excluding above grade decking greater than 30 inches above grade or that could be used as both a patio cover and attached deck.

G. 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.

H. Maximum Number of Bathrooms Per Number of Bedrooms
.

1. Every dwelling unit hereafter constructed shall provide no more bathrooms than as specified below:

Number of sleeping rooms 1 2 3 4 5 or more

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Number of bathrooms 1 2 3 4 4

2.1. At least 50% of the bathrooms provided within a residential unit shall be accessed solely from a public area such as a hallway, living room, family room, or a laundry room, and not directly from a sleeping room.

H. Bathrooms. All bathrooms shall be accessed from th e interior of a dwelling unit unless the intended use is for providing facilities to serve an existing or proposed swimming pool and/or spa.

I. Interior Standards for Single-Family Residential Units.

1. Bedroom Access

a. Each bedroom must have its own access to a hallway or communal space, except for junior accessory dwelling units permitted subject to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

b. No bedroom shall have sole access from another bedroom.

2. Sinks and Wet Bars

a. Sinks are only permitted in a kitchen, a bathroom(s), a laundry/utility room, and/or as part of a permitted wet bar.

b. Sinks in a laundry room shall only be a deep utility sink.

c. No more than one (1) wet bar shall be permitted within a dwelling unit. The wet bar shall be located within an open communal area of the dwelling, such as a living room, family room, or recreation room. For purposes of this Section, a wet bar shall mean an area intended for beverage service only, with a sink with running water but no appliances provided for the preparation of food. A wet bar may include a refrigerator with a storage capacity of no more than 2.6 cubic feet.

J. External Access

1. External staircases shall lead only into communal areas. Bedrooms shall not be accessed via an external staircase, except for junior accessory dwelling units permitted subject to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

2. Stairwells shall be centrally located within the interior of a dwelling unit.

3. Except for a master bedroom that leads to a patio or junior accessory dwelling units permitted subject to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units), no bedroom shall have a door that leads to an exterior area.

K. Required Parking Area of Enclosed Garages

1. Each enclosed garage shall maintain the following minimum interior parking clearance based on the number of cars it is designed to hold. 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.

a. 10 feet by 20 feet for a one car garage.

b. 20 feet by 20 feet for a two-car garage.

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c. 20 feet by 30 feet for a three-car garage.

d. 20 feet by 40 feet for a four-car garage.

2. Each garage shall be equipped with an automatic garage door.

3. Each garage shall maintain the ability to park the required number of vehicles at all times.

9.08.040.030 Special Requirements- R-1 Zone

A. All plans for new construction and/or attached or detached additions to properties zoned for, or improved with, single-family residences shall be reviewed for approval by the City Manager or designee. Approval by the City shall be based on the following criteria. Wherein any of these criteria have not been met, the addition shall be denied.

1. All zoning requirements of the R-1 zone are complied with and no variances or waivers are requested.

2. The architectural style and building materials are compatible with the existing dwelling unit. The roofing shall be the same style, material and design as the main structure.

3. The total footprint coverage of the main structure, any accessory structure(s), driveways and uncovered parking does not exceed 50% of the total lot area.

4. All areas designed and/or intended to be used as living or habitable area are integrated into a single, cohesive dwelling unit.

5. The nature and character of the new construction or addition are consistent with the nature and character of the neighborhood.

B. Single Story Attached Additions. In addition to the requirements of Section 9.08.040.030.A, single story additions, including covered and/or enclosed patio structures, may be permitted on the lot in accordance with all development standards, except that structures are permitted in the otherwise required rear yard setback area, provided the following conditions are met:

1. Required rear yards shall be a minimum of 20% of the depth of the lot, to a depth not to exceed 25 feet;

2. Single story attached additions may encroach into the required rear yards to a depth not to exceed 10 feet from the rear property line, provided that:

a. Only a single story is added at this depth,

b. One thousand square feet of usable open space is maintained in the required rear yard.

c. Exemptions: Manufactured aluminum and metal patio covers and non-habitable enclosures, including sunrooms, shall be exempt from the architectural requirements of Section

9.08.040.030.A, provided they are located to the rear or interior side of the main building.

C. New Two-Story Structures and Two-Story Additions to Single-Family Residences. In addition to the requirements of Section 9.08.040.030.A the following development standards shall apply to all new two-story structures and two-story additions in the R-1 zone.

1. All of the following privacy provisions shall be complied with:

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a. All new two-story windows shall be situated so that they are not directly opposite those windows of adjacent residential dwelling units;

b. Window locations shall take into account adjacent property’s recreation areas and amenities such as pools, spas, etc.;

c. Where conflicts between proposed window locations occur, visual intrusion mitigation measures shall be provided, such as, the use of high windows, wing walls, view obscuring window treatments, window alignments, etc.

D. Detached Accessory Structures. In addition to the requirements of Section 9.08.040.030.A, all detached accessory structures, constructed on a property used for single-family residential purposes shall comply with all of the following provisions, unless otherwise required by this title:

1. Maximum floor area for any detached accessory structure shall not exceed 800 square feet inside dimension;

2. No more than three detached accessory structure may be permitted on a lot;

3. Maximum height of a detached accessory structure shall not exceed one story and 17 feet;

4. The combined floor area of all detached accessory structures on a lot shall not exceed 1,000 square feet;

5. One thousand square feet of usable open space shall be maintained in the required rear yard as defined in Section 9.08.040.030.B.1;

6. The width of any single accessory structure shall not exceed one-half of the width of the lot;

7. No kitchens or other food preparation appliances or fixtures shall be provided;

8. Plumbing may be permitted, but in no case shall more than a one-half bathroom (one water closet and one lavatory) be permitted.

Exemptions:

a. One-story detached accessory structures used as tool sheds, playhouses and similar uses shall be exempt from the architectural requirements contained in Section 9.08.040.030.A, provided any such structure does not exceed 120 square feet of projected roof area and is located to the rear and interior side of the main building.

b. Accessory dwelling units, including porch and/or patio areas and enclosed parking areas dedicated to the accessory dwelling unit that are within the maximum area for an accessory dwelling unit, shall be exempt from the provisions of this subsection.

9. Interior Standards for Detached Accessory Structu r
es

a. Detached accessory structures such as workshop spaces, detached garages, or other similar spaces shall not have wall insulation or heating/cooling equipment.

b. Each wall within a detached accessory structure shall only have one outlet for every ten (10) feet.

c. Only non-egress windows are allowed within a detached accessory structure.

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10. No detached accessory building walls shall be closer than six (6) feet to any main building walls or other accessory building walls on the same lot or building site, and no detached accessory building eaves shall be closer than four (4) feet to any main building eaves or other accessory building eaves on the same lot or building site. When the distance between either the walls or the eaves of a detached accessory building and a main building or living unit are less than specified in this section, the buildings are deemed attached for the purpose of determining setbacks and both must meet the setbacks prescribed for a main building.

E. Placement of Buildings. Placement of buildings on any lot in the R-1 (Single-Family Residential) zone shall conform to the following:

1. For any lot abutting an alley, no building shall be constructed closer than 15 feet to the centerline of the alley, but in no case closer than 10 feet from the property line.

2. All new single-family residential units developed in the multiple-family residential (R-2 and R-3) zones or additions to existing single-family residential units in any zone shall conform to the residential standards as prescribed in the single-family development districts.

a. The new garage shall meet all zoning and building codes relative to size and configuration;

b. The garage shall be equipped with a roll-up type door.

F. Height of Towers, Spires and Unique Structures in the R-1 (Single-Family Residential) Zone.

1. Usable floor space may be provided above allowable height for religious institutions, and public, private or parochial schools when employed as a unique structure, tower or spire, subject to a conditional use permit.

2. Fire or parapet walls, skylights, flagpoles, chimneys, wireless masts and similar structures may be erected above the height limits prescribed if done so in conjunction with the filing of a conditional use permit.

G. Landscaping in the R-1 (Single-Family Residential) Zone. Landscaping in the required front yard shall cover no less than 50% of that yard.

H. Driveway Width. Minimum paved access-way width of 16 feet is required when off-street parking for open or garage spaces is located at the rear of a unit. When a new, conforming, garage is proposed to be constructed to the rear of an existing residence, and when the location of that residence interferes with providing the required 16-foot driveway width, the minimum accessway may be reduced to 12 feet with the approval of the City Manager or designee. (2882 § 5, 2017)

Sections 9.08.040.050 9.08.040.060 are hereby amended to read as follows:

9.08.040.050 Landscaping—General Provisions

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

B. Parcels zoned or used for single-family purposes shall provide landscaping in all areas not covered by buildings, structures, patios or driveways.

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C. For the purpose of this section, the front yard shall be determined by a line drawn parallel to the front building planedefined as the front yard setback . This shall also include any accessory structure such as a garage, if the structure is attached.

D. The following regulations are for maximum coverage of hardscape in the R-1 (Single-Family Residential) zone:

1. The maximum permitted percentage of hardscape coverage in the front yard setback , as defined above, shall be 50%. Private sidewalks and walkways are ex cluded from this 50% so long as they do not exceed a width of five feet.

2. The front yard area shall be measured from the front b uilding plane to the property lines.

In areas where no sidewalks exist, tThe measurement for the front yard setback shall be from the front building plane to the back of sidewalk or street dedication line. The public parkway Any area between the curb and sidewalk that is in a street or s idewalk dedication must be fully landscaped, except for a standard driveway.

3. Sidewalks fronting the property should not be included in the calculations of the front yard; however, parkways or that area between the frontage, sidewalk and the street curb shall be specifically included in the calculated front yard.

E. 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.

F. 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.

G. 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.

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

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

J. 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.

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9.08.040.060 Landscaping Requirements
All landscaping shall comply with the landscape water efficiency provisions where applicable. Wwhen 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.

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

B. Percentage. Ten percent of all parking areas for nonresidential uses permitted in the R-1 (Single-Family Residential) zone, excluding required setbacks and building footprints, shall be landscaped.

C. Parking Lot Landscaping.

1. 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 truck, 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.

2. 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 30 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.

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

D. Trees.

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

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

E. Tree Numbers.

1. Parking area—One per eight spaces

2. Street setbacks—One per 20 linear feet

3. Balance of site—One per 600 square feet (less parking area building).

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

To
tal site:
48″ 36″ 24″ box 15 gallons Other
10% 10% 15% 40%

60% 5%

G. Tree Staking.

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

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HG. Planter Width.1. Minimum width of finger planter is three feet, inside clear dimens The mMinimum width of all planters shall be is three feet clear, interior dimensions, not inclusive o f retaining curb or wall.

IH. Shrubbery.

1. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.

JH. Groundcover.

1. Live groundcover shall be planted and maintained wher e 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 percent of the groundcover area shall have the mulch substitute..

2. 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 irrigati on and stormwater runoff.

2. All plant spacing shall be as indicated by the landscape architect according to the latest standards as adopted by the American Society of Landscape Architects, as described in subsection N (Substitute Landscaping), below..

3. Groundcover spacing. Groundcover plants shallhould be planted at a density and spacing necessary for them to become well established and provide surface coverage within eighteen (18) months of planting.

KI. Paved Areas. Only those portions that are requ ired 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.

LJ.

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:

1. 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

2. Provide landscaping that is compatible with neighboring uses; or

3. Screen the use from neighboring negative impacts such as traffic, outside storage, etc.

MK.

Landscape Plans.

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1. 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.

2. 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.

3. Each landscape plan shall illustrate a concern for design elements such as balance, scale, texture, form and unity.

4. Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade and reduction of glare.

5. Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas and solar panels.

6. Landscaping shall be used to relieve solid, unbroken elevations and to soften continuous wall expanses.

7. 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.

NL.

Substitute Landscaping.

1. Materials such as crushed rock, decomposed granite, redwood chips, pebbles and stone may not be used in lieu of live plant materials for up to 30 percent of the required landscape coverage area. , although their limited use may be approved by the hearing body through the site plan review process. Artificial plants and synthetic groundcovers are proh ibited, except where allowed within the R-1 (Single-Family Residential) zone, subject to the following standards:
a. Artificial turf is shall be permitted, provided it complies within the front and rear yards and shall comply with the following:
i. Artificial turf shall have a minimum eight-year “No F ade” warranty. ii. Artificial turf shall be installed by a licensed prof essional and shall be installed pursuant to manufacturer’s requirements, except if the artificial turf is installed by the homeowner. The homeowner shall be required to follow the manufacturer’s specifications for installation.
iii. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well- maintained lawn. The turf shall be maintained in a gr een fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions.
iv. The use of indoor or outdoor plastic or nylon carpeti ng as a replacement of artificial turf or natural turf shall be prohibited. No rubber infill is permitted. v. Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.
vi. Areas of living plant material (i.e., flower beds, tr ee wells, etc.) shall be
included in the overall landscape design when installing artificial turf. Living plant

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material shall include shrubs, vines, trees, and flowering groundcovers and shall constitute a minimum of 25 percent% of the landscape area.. vii. Artificial turf shall be separated from flower beds b y a concrete mow strip, bender board, or other barriers acceptable to the City in order to prevent intrusion of living plant material into the artificial turf.
vi
ii. Artificial turf in front yards shall be limited to 75 percent5% of required landscape area and shall not be installed in parkways.

OM. Screening.

1. 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.

2. Perimeter landscaping adjacent to the property lines is required in parking areas. Planter area curbs shall be used in place of wheel stops.

PN. Separation.

1. All landscaping shall be separated from parking and vehicular circulation areas by a raised, continuous six-inch Portland cement concrete curb.

2. Other materials that accomplish the same purpose may be approved by the hearing body through the site plan review process.

3. All trees shall be staked in accordance with s tandards maintained by the City Manager or designee.

QO. Arterial Site Entries.

1. 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.

2. 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.

3. 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.

4. 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.

5. All trees whether singularly placed or placed on clusters shall not inhibit standard visibility parameters.

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6. 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.

RP. Landscaping and Irrigation Plans Required. Land scape 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).

SQ. In addition to the above, the following are req uirements that shall apply to the landscape
design plan and are more fully explained in the Guidelines (Appendix 1, Title 9):

1. 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.

2. Plants having similar water use shall be grouped together in distinct hydrozones.

3. 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:
a. 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;
b. 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
c. The solar orientation of the site and how plant placement will maximize summer shade and winter solar gain.

TR. Irrigation Requirements.

1. 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.

2. Irrigation shall be performed in conformance with city ordinances and with water conservation practices.

US. System Design. For the efficient use of water, a n 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

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plan meeting the design criteria of the Guidelines shall be submitted as part of the landscape documentation package.

VT. In addition to the above, the following are req uirements that shall apply to the landscape design plan.

1. Irrigation Design Criteria.
a. 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.
b. 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.
c. Irrigation Efficiency.
i. 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.
d. Equipment. The Guidelines provide design criteria for irrigation equipment in Section

2.5 “Irrigation Design Plan.”

2. Recycled Water.
a. 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.
b. 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. c. The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes.

3. 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

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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:
a. Location and size of separate water meters for the landscape; b. 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; c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station;
e. Irrigation schedule parameters necessary to program smart timers specified in the landscape design;
f. 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 g. The signature of a California-licensed landscape professional.

4. 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 .

5. 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:
a. Irrigation scheduling shall be regulated by automatic irrigation controllers. b. 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.

6. Certificate of Completion.
a. Landscape project installation shall not proceed until the landscape documentation package has been approved by the City and any ministerial permits required are issued. b. 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.
c. 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:
i. 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,

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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.

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Exhibit C (Multifamily Residential)

CHAPTER MULTIFAMILY RESIDENTIAL DEVELOPMENT STANDARDS

Section 9.12.020.03 is hereby amended as follows:

Section 9.12.020.030, Table 1, City of Garden Grove Land Use Matrix

Table 1: City of Garden Grove Land Use Matrix

Uses
Zones
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 P P
7 Persons or More — 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 P P
7 Persons or More — C
Single-Family Dwelling P P
Single Room Occupancy (SRO) — P
Skilled Nursing Facility — C
Small Lot Subdivision P* P*
Supportive Housing1 P P
Residential Apartments P P
Residential Group Living
6 persons or Less P P
7 persons of More C C

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Supportive Housing for the Homeless2 P P
Transitional Housing1 P P
Residential Apartments P P
Residential Group Living
6 persons or Less P P
7 persons or More C C

2. Subject to the requirements of subsection B. of Section 9.60.070.

S
ection 9.12.030.020 is hereby amended to read as follo ws:

Section 9.12.030.020.C.2 Planned Unit Development

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

5. 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.

Section 9.12.030.070 is hereby amended to read as follo ws:

Section 9.12.030.070 Density Bonuses and Other Incentives for Affordable H ousingReserved

A. Purpose and Intent. The California Legislature has determined that the provision of affordable housing for moderate, lower and very low-income individuals and senior citizens, and childcare facilities are of primary importance in the State, and must be encouraged at the local level. The purpose of this section is to establish a methodology pursuant to state law providing incentives to developers proposing affordable housing to the community.

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C. Definitions. As used in this section, the foll owing words and phrases shall have the following meanings:

3. “Density bonus” means a density increase of at least 20% (unless the applicant elects a lower percentage) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan for housing developments meeting the criteria in subsection D.1.a.i—iii, of at least five percent for housing developments meeting the criteria of subsection D.1.a.iv (unless the applicant elects a lower percentage), and of at least 15% for housing developments that entail a land donation meeting the criteria of subsection D.1.b (unless the applicant elects a lower percentage).
a. The amount of the density bonus to which an applicant is entitled shall vary according to the amount by which the percentage of affordable housing units provided exceeds the percentage established in subsection D. For each one percent increase above 10% in the percentage of units affordable to low income households, the density bonus shall be increased by 1.5 percent up to a maximum of 35%. For each one percent increase above five percent in the percentage of units affordable to very low-income households, the density bonus shall be increased by 2.5 percent up to a maximum of 35%. For each one percent increase above 10% of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of 35%. When calculating the number of permitted density bonus units, any calculation resulting in fractional units shall be rounded to the next higher whole number. The density bonus units shall not be included in the maximum total when determining the number of target units required to qualify for a density bonus. b. Each housing development is entitled to only one density bonus, which may be selected based on the percentage for either very low-income target units, low-income target units, moderate income target units, or the project’s status as a senior citizen housing development. Density bonuses from more than one category may not be combined.
c. The following table summarizes the above information:

Density Bonus Summary Table
Target Group
Min. % Target
Units Bonus Granted
Additional
Bonus for
Each 1%
Increase in
Target Units
% Target Units
Required for
Max. 35%
Bonus
Very Low-Income 5% 20% 2.5% 11%
Low-Income 10% 20% 1.5% 20%

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Moderate Income (Condo or PUD
Only) 10% 5% 1% 40%
Senior Citizen Housing
Development 100% 20% — —

8. “Senior housing” means either a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development as defined in Section 51.3 of the California Civil Code.

D. Grant of Density Bonus.

1. Developer shall be entitled to a density bonus, provided the developer enters into a density bonus housing agreement with the City pursuant to subsection I in which the developer covenants to do one of the following:
a. To construct the housing development with at least one of the following:
i. At least 10% of the total units of the housing development reserved for lower income households; or ii. At least five percent of the total units of the housing development reserved for very low income households; or
iii. A senior citizen housing development; or
iv. At least 10% of the total units of a newly constructed condominium project or planned development as target units affordable to moderate income households. b. To Donate Land to the City as Provided for in This Subsection. Nothing in this subsection shall be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. An applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met:
i. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. ii. The development acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10% of the number of residential units of the proposed development. iii. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units

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feasible. No later than the date of approval of the f inal subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the City prior to the time of transfer.
iv. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c) of Government Code Section 65915, which shall be recorded on the property at the time of dedication. v. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the developer. vi. The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

2. When an applicant agrees to construct a housing development that conforms to the requirements of subsection D.1 and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the project, unless it finds, based upon substantial evidence, that the community has adequate child care facilities, the City shall grant either:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility,
c. As a condition of approval of a housing development, the applicant shall ensure that the following occur:
i. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subsection F.
ii. Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subsection D. iii. Developer shall also agree to continue affordability of all density bonus units for very low income households, low income households, and moderate income households for the timeframes established in subsection G.

E. Required Concessions or Incentives.

2. The developer shall receive the following number of concessions or incentives:
a. One incentive or concession for projects that include at least 10% of the total units for low-income households, at least five percent for very low-income households, or at least 10% for persons and families of moderate income in a condominium or planned development.

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b. Two incentives or concessions for projects tha t include at least 20% of the total units for low-income households, at least 10% for very low-income households, or at least 20% for persons and families of moderate income in a condominium or planned development. c. Three incentives or concessions for projects that include at least 30% of the total units for low- income households, at least 15% for very low-income households, or at least 30% for persons and families of moderate income in a condominium or planned development. d. The following table summarizes the above information:

G. Continued Affordability and Development Standards.

3. Target units shall be constructed concurrently with non-restricted units or pursuant to a schedule included in the density bonus housing agreement.

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the housing development, except that the developer m a y include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this section.

H. Application Requirements and Review.

5. Before approving an application for a density bonus, concession or incentive, waiver, or modification, the approval body shall make the following findings:
a. If the density bonus is based all or in part on donation of land, the findings included in subsection D.1.b.
b. If the density bonus or concession or incentive is based all or in part on the inclusion of a child care facility, the findings included in subsection D.2.
c. If the concession or incentive includes mixed use development, the finding included in section C.2.b. d. If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units the economically feasible.

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a concession or incentive if it makes a written findi ng, based upon substantial evidence, of either of the following:
a. The concession or incentive is not required to provide for affordable rents or affordable ownership costs.
b. The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-and moderate-income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.

I. Density Bonus Housing Agreement.

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a. Target units shall be owner-occupied by eligib le very low, low, or moderate income households, or by qualified residents in the case of senior citizen housing developments. b. The purchaser of each target unit shall execute an instrument approved by the City and to be recorded against the parcel including such provisions as the City may require to ensure continued compliance with this section.

5. In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
a. Procedures for establishing affordable rent, filling vacancies, and maintaining target units for eligible tenants.
b. Provisions requiring verification of household incomes. c. Provisions requiring maintenance of records to demonstrate compliance with this subsection.

6. Density bonus housing agreements for child care facilities and land dedication shall ensure continued compliance with all conditions included in subsections D.2 and 3.

Se
ctions 9.12.040.010 through 9.12.040.060 are hereby amended to read:

9.12.040.010 Multifamily Residential—General Requirement

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

A. A. Setbacks

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

2. 2. 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.

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

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

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

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

2. 2. 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.

C. C. Permitted Intrusions

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

1. 1. Cornices;

2. 2. Eaves;

3. 3. Belt courses;

4. 4. Sills;

5. 5. Buttresses;

6. 6. Planter boxes;

7. 7. Masonry planters;

8. 8. Guard railings;

9. 9. Chimneys.

D. D. Lot Area Regulations

1. 1. Lot area shall not be reduced. No lot area shall be r educed 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.

2. 2. Substandard Lots. When a lot has less than the minimu m 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.

E. E. Height Limits

1. 1. Residential buildings shall comply with the requirements shown in the Tablebuilding height limitations of Building Requirements but in no case shall be higher t han 35 feetthis chapter, unless otherwise specified below.

2. 2. As provided in Section 9.12.040.130, penthouse s 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, c himneys, smokestacks, radiowireless masts and similar structures may be erected above th e height limits prescribed if done so in conjunction withby this chapter but may not exceed a development plan or the filing of a conditional use permit.

3. height of 15 feet above the structure to which it is attached. No penthouses or roof structures orstructure, nor any other space above the height limit prescribedallowed for the zone and area district in which the building is located, shall be allowed for the purpose of providing additi onal habitableusable floor spacesspace, except for the following:
that usable floor space may be provided above allowable heightsthis height for religious institutionchurches, and public, private or parochial schools , when employed asin a unique structure, tower or spire, subject to the approval of a conditional use permit.

F. F. Placement of Buildings

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

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

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

3. 3. When a garage or carport abuts an alley and the acces s 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.

G. G. Mechanical Equipment, Metering Devices. – Screening and Location

1. Except as otherwise required by State law, all roof-mounted and ground-mounted mechanical equipment and metering devices shall be screened from view from eitherthe 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.

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

b. 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.

2. Ground-mounted mechanical equipment including, but no t 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 on any property improved with a single-family reside nce, 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 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.

9.12.040.020 Residential—General Development Standards
A. 9.12.040.020 Residential—General Development Standards

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

R-2 and R-3 Development Standards Table
Placement R-2 (5) R-3(5)
Setbacks 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)
See Table of Building
Placement
Diagrams10 ft. to 1st
& 2nd Flr.

See Table of
Building
Placement
Diagrams15 ft.
to 3rd Flr.
10 ft. to 1st & 2nd
Flr. 15 ft. to 3rd Flr.

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R-2 and R-3 Development Standards Table
Placement R-2 (5) R-3(5)
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.

RearMain Entry Facing Street Side
Setback
See Table of Building
Placement
Diagrams15 ft. to 1st
& 2nd Flr.

See Table of
Building
Placement
Diagrams20 ft.
to 3rd Flr.
15 ft. to 1st & 2nd
Flr. 20 ft. to 3rd Flr.

Building HeightRear Setback Not10 ft. to
exceed1st & 2nd Flr.

Not15 ft. to
exceed3rd Flr. 10 ft. 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%
Maximum Front setback coverage –
Maximum (3) 50% 50%
Lot area per dwelling
(minimum)Density – Maximum (4) 4,356 sq. ft. (21.0.1 units/acre) See Table of Dev. Density (4)32.0 units/acre
Minimum lot area per lot per
zonesize for newly created lots (7) 7,200 sq. ft. 7,200 sq. ft.

1. (1) In no case shall the setback be less than 10 feet.

2. (2) Lot coverage includes all building and structures (pr imary and accessory) and required uncovered parking areas, and excludes uncovered swimming pools and permeable or semi-permeable recreational surface areas. The fifty percent lot coverage requirement may be reduced to the extent it would physically preclude a housing development project consisting of three to ten units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11.

3. (3) Hardscape percentage includes driveways (except allow ed standard driveway in the front yard).

4. (4) Applications for density bonuses may be made as provi ded for by state law.

5. (5) Refer to Section 9.12.040.040 for minimum development standards for duplexes and triplexes.

6. B. 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 t en 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.

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

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

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

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

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Number of Bedrooms 0 1 2 3 or more
Apartment units:Minimum
dwelling unit area
500 sq. ft.sf 750 sq. ft.sf 900 sq. ft.sf 1050 sq. ft.sf

Exceptions: No efficiency units shall be provided without processing of a planned unit development.

G. On corner lots, no attached garage shall be located l ess 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.

H. Maximum Number of Bathrooms Per Number of Bedr ooms.

1. Every dwelling unit hereafter constructed shall provide no more bathrooms than as specified below:

Number of Sleeping Rooms 1 2 3 4 5 or more
Number of Bathrooms: 1 2 3 4 4

2. At least 50% of the bathrooms provided within a residential unit shall be accessed solely from a public area such as a hallway, living room, family room, or a laundry room, and not directly from a sleeping room.

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

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.

All plans for new construction and/or attached or det ached of new single-family residences, additions to properties zoned for, or improved with, existing single-family residences shall be

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reviewed for approval by the City Manager or designe e . Approval by the City shall be based on the following criteria. Wherein any of these criteria have not been met, the addition shall be denied.

1. All zoning requirements of the R-1 zone are complied with and no variances or waivers are requested.

2. The architectural style and building materials are compatible with the existing dwelling unit. The roofing shall be the same style, material and design as the main structure.

3. The total footprint coverage of the main structure, any , and detached accessory structure(s), driveways and uncovered parking does not exceed 50% of the total lot area.

4. All areas designed and/or intended to be used as living or habitable area are integrated into a single, cohesive dwelling unit.

5. The nature and character of the new construction or addition are consistent with the nature and character of the neighborhood.

B. Single Story Attached Additions. In addition to the requirements of Section 9.12.040.030.A, single story additions, including covered and/or enclosed patio structures, may be permitted on the

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lot in accordance with all development standards, exc ept that structures are permitted in the otherwise required rear yard setback area, provided the following conditions are met:

1. Required rear yards shall be a minimum of 20% of the depth of the lot, to a depth not to exceed 25 feet;

2. Single story attached additions may encroach into the required rear yards to a depth not to exceed 10 feet from the rear property line, provided that:
a. Only a single story is added at this depth,
b. One thousand square feet of usable open space is maintained in the required rear yard.

Exemptions: Manufactured aluminum and metal patio covers and non-habitable enclosures, including sunrooms, shall be exempt from the architectural requirements of Section 9.12.040.030.A, provided they are located to the rear or interior side of the main building.

C. New Two-Story Structures and Two-Story Additions to Single-Family Residences. In addition to the requirements of Section 9.12.040.030.A the following development standards shall apply to all new two-story structures and two-story additions in the R-1 zone.

All of the following privacy provisions shall be complied with:

1. All new two-story windows shall be situated so that they are not directly opposite those windows of adjacent residential dwelling units;

2. Window locations shall take into account adjacent property’s recreation areas and amenities such as pools, spas, etc.;

3. Where conflicts between proposed window locations occur, visual intrusion mitigation measures shall be provided, such as, the use of high windows, wing walls, view obscuring window treatments, window alignments, etc.

D. Detached Accessory Structures. In addition to the requirements of Section 9.12.040.030.A, all detached accessory structures, constructed on a property used for shall comply with the single- family residential purposes shall comply with all of the following provisions, unless otherwise required by this title:

1. Maximum floor area for any detached accessory structure shall not exceed 800 square feet inside dimension;

2. No more than three detached accessory structures may be permitted on a lot;

3. Maximum height of a detached accessory structure shall not exceed one story and 17 feet;

4. The combined floor area of all detached accessory structures on a lot shall not exceed 1,000 square feet;

5. 1,000 square feet of usable open space shall be maintained in the required rear yard as defined in Sectiondevelopment standards of Chapter 9.12.040.030.B.1;08, R-1 standards, and no variances or waivers may be requested.

6. The width of any single accessory structure shall not exceed one-half of the width of the lot;

7. No kitchens or other food preparation appliances or fixtures shall be provided;

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8. Plumbing may be permitted, but in no case shal l more than a one-half bathroom (one water closet and one lavatory) be permitted.

Exemptions:
a. One-story detached accessory structures used as tool sheds, playhouses and similar uses shall be exempt from the architectural requirements contained in Section 9.12.040.030.A, provided any such structure does not exceed 120 square feet of projected roof area and is located to the rear and interior side of the main building.
b. Accessory dwelling units, including porch and/or patio areas and enclosed parking areas dedicated to the accessory dwelling unit that are within the maximum area for an accessory dwelling unit, shall be exempt from the provisions of this subsection.

E. Placement of Buildings. Placement of buildings on any lot in the R-1 (Single-Family Residential) zone shall conform to the following:

1. For any lot abutting an alley, no building shall be constructed closer than 15 feet to the centerline of the alley, but in no case closer than 10 feet from the property line.

3. Single-family residential properties, that do not have an existing two-car garage, may build a new two-car garage that encroaches no more than two feet into the required front yard setback and that meets the following criteria:
a. The new garage shall meet all zoning and building codes relative to size and configuration; b. The garage shall be equipped with a roll-up type door.

F. Height of Towers, Spires and Unique Structures in the R-1 (Single-Family Residential) Zone.

G. Landscaping in the R-1 (Single-Family Residential) Zone. Landscaping in the required front yard shall cover no less than 50% of that yard.

H. Driveway Width. Minimum paved accessway width of 16 feet is required when off-street parking for open or garage spaces is located at the rear of a unit. When a new, conforming garage is proposed to be constructed to the rear of an existing residence, and when the location of that residence interferes with providing the required 16-foot driveway width, the minimum accessway may be reduced to 12 feet with the approval of the City Manager or designee. (2882 § 6, 2017)

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

9 .12.040.040 Special Requirements—Duplex and Triplex i n 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.

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

B. Maximum Stories and Building Height.

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

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

C. C. Maximum number of sleeping rooms per unit: four.

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

E. E. Main Building Setbacks.

1. 1 The following minimum building setbacks shall be obse rved 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 GF .

Front: 2 0′-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″

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

Diagrams Indicating Building Setbacks

2. 1. 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.

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3. 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.

Page 816 of 1101 ends

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Garden Grove Focused Code Updates – Multifamily Residential Public Hearing Draft – September 2022

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

1. 1. Distance between detached garages and interior side a nd/or rear property lines:

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

b. b. Detached garages, located on a property that is adjac ent 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.

Page 817 of 1101 ends

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Garden Grove Focused Code Updates – Multifamily Residential Public Hearing Draft – September 2022

22 | P a g e

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

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

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

5. 4. Garages or accessory structures that are attached to a ny portion of the main residence shall comply with all the setbackssetback requirements of subsection E.

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

G. G. Permitted Intrusions. The following intrusions shall b e permitted into the required setback areas:

1. 1. The permitted intrusions as contained in Section 9.12 .040.010.C, Permitted Intrusions.

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

3. 3. Entry porches for units located along the front setba ck 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.

H. H. Dwelling Entries and Covered Entries.

1. Each individual dwelling unit shall have a main entry that is clearly defined, a nd to by use of a stoop, framed doorway, or covered doorway that is recessed from the extent possible, bebuilding façade a minimum depth of three feet. At least one unit shall have the main entry oriented directly toward the adjacent street(s) in order to provide consistency with the neighbor hood.

1. Each unit shall have a covered entry, with a minimum depth of three feet.

2. 2.

Each covered entry shall be in proportion with the building, and shall incorporate architectural features that are used in the overall building design.

3. All front entry doors that are designed to be paralle l 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.

I. 4. All units shall be provided with standard door locks and dead bolts.

I. Separation of Buildings, Accessory Buildings, Parking Areas and Vehicle Drive Aisles. Each development shall comply with the following minimum separation distances that shall be fully landscaped and irrigated, but may include pedestrian walkways..

1. 1. Distance between detached units: eight feet.

2. 2. Distance between the drive aisle and the unit (includ ing 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 th e placement of the existing unit.

Page 818 of 1101 ends

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

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

5. 5. Distance between detached accessory buildings: five f eet.

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

1. 1. Vehicular Access. All projects shall maintain the fol lowing minimum drive aisle width:

a. a. New developments that are accessed from a shared driv e approach shall maintain a minimum 25- foot-wide drive aisle; however, the width may be reduced to 20 feet, where the site’s design andlot frontage on which the property location warrants it.drive aisle is located is less than 80 feet in width.

b. b. In situations where an existing unit(s) will remain o n 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, on a case-by-case basis.

c. c. The width of a non-shared drive aisle may be r educed to 16 feet, on a case-by-case basis. d. Required Landscaping. All projects with a shared driv e aisle shall provide a landscape planter with a minimum width of five feet located along the drive aisle and anythe closest adjacent property line; however, the width of the landscape planter may be reduced less than five feet forunder the following reasonscircumstances:

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

ii. ii. For properties that have a lot width of less than 60 f eet, or

iii. iii. For properties that will preserve an existing dwellin g unit, but cannot provide the
required landscaping due to the placement of the existing unit.

2. 2. Vehicular Circulation.

a. 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 efficientlysafely on and off from the site in a manner that does not interfere with traffic flo w on the adjacent street.

b. Vehicular Turn-Around. Based onThrough the site’s locationdirector’s review and the proposed project design/or building permit review process, the City Engineer will determine if a vehicular turn-around will be required forto ensure that vehicle movements on and off the si te will not interfere with traffic flow on the project site.

Page 819 of 1101 ends

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K. 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.

3. 1. The required parking shall be provided in the form of a two-car enclosed garage for each
unit, and the guest parking shall remain open and uncovered. Exception: The guest p arking spaces may be designed as a covered space in situations where conflicts occur between the drive aisle and the guest parking area, as determined by the City, if the design will improve the vehicular circulation. The covered parking space(s) shall be architecturally compatible with the design of the building, and shall remain open on three sides. The guest parking spaces located at the front of the lot may be required to be coveredmay 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.

4. 2. Guest parking spaces may be located in front of thean enclosed garage if, provided that the parking spaces do not encroachextend into theany 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).

5. 3. Guest parking spaces located within the interior of th e lot shall have a minimum depth of 19
feet. and a minimum width of 9 feet. When a guest parkin g space is covered or adjacent to a wall, the width of the parking shall be 10 feet.

6. 4. Each enclosed garage shall maintain a minimum interio r 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.

7. 5. All garages shall be equipped with automatic roll-up g arage door openers.

6. Each unit that shall maintain the abilitybe maintained in an operable cond ition at all times.

8. Each garage shall be maintained to parkallow the required number of the vehiclesparking spaces for vehicle parking to be available within the enclosed garage at all times. The enclosed garages shall not be converted to any other use.

K. L. Open Space. A private recreation area shall be provid ed for each unit that compliesand shall
comply with the following standards:

1. 1. 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 fe et. 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.

2. 2. The private recreation area shall be open and unobstr ucted from the ground to the sky.

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

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

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5. 5. Private recreation areas located adjacent to any stre et or alleyway shall be screened from view from a public viewright-of-way with a six-foot high decorati ve 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.

L. M. Architectural Compatibility between New and Existing U nits. If a development is designed to preserve any of the existing unit(s) that are on the property, the architectural style and buildin g materials, including roof style and pitch, roofing material, trim detail around the eaves and windows, garage doors, exterior building colors, etc., shall have continuitybe of the same architectural style and be compatible betweenbuilding materials of the existing unit(s) and the new unit(s).).

N. M. Building Design. The following design features shall be incorporated in to each development:

1. Each project shall be designed to provide varying rooflines and building projections in order to enhance the appearance of the building, and to minimize the appearance of a bulky, box shaped design.include architectural design approaches that include all the following elements:

2. Each project shall incorporate1. Rooflines tha t have at least two changes in orientation and/or pitch.

2. For buildings that have a front façade greater than 3 0 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.

3. Architectural accents and materials that are compatible with the design of the building, th at includes varyingshall reflect a consistent architectural style. This shall apply to roof forms and materials, window shapes, accent materials, decorative columns, i.e., porch/balcony columnsporches, balconies, and decorative trim on all windows and doors.

3. All elevations, especially street elevations, s hall be articulated to the fullest, and shall incorporate varying building massing. Flat, unrelieved, and unarticulated elevations shall not be allowed.

O. 4. All building facades shall contain architectural deta iling consistent with the architectural style used. At least three treatments from the following list shall be used consistently on all building facades:

a. Use of two building materials and finishes

b. Use of at least two complementary paint colors

c. Windows that are recessed at least six inches

d. Window surrounds of at least four inches in width tha t are consistent with the architectural style
used on the building

e. Projecting/bay windows

f. Window shutters

g. Exterior soffit and fascia boards

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N. Storage Facilities. Each dwelling unit shall provide a minimum 200120 cubic feet of private and secure storage space.

1. T
he storage area Such space may be provided within the included either interior to the d welling unit, within the enclosed garage, if the storage areaindividual re quired parking areas in a manner that does not interfere with 20 feet by 20 feet vehiclerequired parking spaces, or located elsewhere on the site.

2. Normalwithin an aggregated common storage area. Bedroom closets and cupboard space located within the unit shall not count toward meeting thethis requirement

Laundry Facilities. Each dwelling unit shall have a l aundry space located within the unit or within the private garage for that unit that is equipped with washer and dryer hook-ups. If th e 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.

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

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

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

3. 3. The area required for each container shall be a minim um of 38 inches by 38 inches.

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

5. 5. If the City determinesit is determined that a trash enclosure will betteris 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.I, Refuse Storage Areas.

Q. R. Water Heaters. Each dwelling unit shall have a separa te hot water heater or, or the entire
development may be provided with a centralized circulation water heater system sufficient to serve all dwelling units on the property. The location of the water heater shall be incorpora ted into the design of each unit. 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.

R. S. Utility Meters. All above-ground utility meters, including, but not limited to, water meters, gas meters, irrigation equipment, shall be shown on the site plan, and, to the extent possible, b e placed outside of the required front setback area. Planned locations shall be indicated on site plans. A ll above-ground utility meters shall be completely screened fr om view from both onadjacent public rights-of-way and off 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.

S. T. Privacy Provisions. Each project shall provide a second-story floor plan th at is designed to take into account the privacy concerns of the adjacent residents. Second story Second-story windows,

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balconies, and decks shall be situated so as to not be positioned directly on side and rear building sides shall be located to avoid direct views from those windows, balconies, and decks into any immediately opposite to the windows and private recreation areas of the adjacent residential dwelling units, and shall be oriented away from the residence’s pri vate recreation areas.

1. Second on adjacent properties. Where second-story windows that are oriented toward the neighbor’san adjacent property’s private recreation area, one or more of the following measures shall be limited to highprovided:

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

2. In special situations, where conflicts occur with the placement of second story windows due to building exiting requirements, the following mitigation measure(s) shall be provided:

2. a. V
iew-obscuring window treatment, such as wing walls, 90-degree angles, etc.;.

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

4. c. A row of screening/canopy trees evenly spaced shall b e 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.

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

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

1. 1. All perimeter fencing shall comply with the requireme nts as contained in Section

9.12.040.140, Wall, Fences and Hedges.

2. 2. New walls or fences shall not exceed a height of seve n 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 .

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

4. 4. Perimeter walls located along any side street shall m aintain a minimum setback of three feet
from the property line for landscaping purposes. 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.

5. 5. A decorative perimeter wall constructed out of a non-masonry material may be approved
through the site plan review procedure.

6. Wood fencing located adjacent to any street, parking area or driveway is prohibited.

7. All fencing shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas.

8. The property owner shall work with the adjoining prop erty owners in designing and constructing the perimeter block walls to avoid the use of double walls. If the property owner cannot obtain

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28 | P a g e

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.

6/ 9. All walls shall be designed to ensure proper v ision 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.

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

8. Street facing perimeter block walls, whether new or e xisting, 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.

9. No security gates will be allowed unless the development complies with Section

9.12.040.200.B.3.

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 shouldshall be required of all multiple-family residential devel opment other than duplexes and triplexes in
the R-2 and R-3 zones:

A. A. Building Separation. Specific standards for bu ilding separation are presented in the following
tables:

1. Separation and Stepbacks

1. Separation of Main Buildings on-site. (Separation of habitable portions only.) Garages, projections and balconies are not included in these

a. Buildings (1, 2, or 3 story) shall maintain a minimum separation of 10 feet;

b. Any building wall that has a main/primary entry to a d welling unit facing any other building wall shall maintain a minimum separation requirements.of 15 feet;

Building
Orientati
on
1 to 1
Sto
ry
1 to 2
Sto
ry
2 to 2
Sto
ry
2 to 3
Sto
ry
3 to 3
Sto
ry
Front to
Front 25 ft. 30 ft. 35 ft. 40 ft. 45 ft.

Rear to Rear 20 ft. 25 ft. 30 ft. 35 ft. 40 ft.

Side walls
parallel
with
front or
rear
walls of
15 ft. 17.5 ft. 20 ft. 22.5 ft. 25 ft.

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29 | P a g e

other
building
s
Side to Side 10 ft. 12.5 ft. 15 ft. 17.5 ft. 20 ft.

2. T
he development shall comply with the privacy provision standards set forth in Section

9.12.040.S (Privacy Provisions).

2. Separation of Accessory Buildings, Parking Areas, a nd Vehicular Accessways.

a. a. Distance between accessory buildings and side and rea r property lines, seven and one- half shall be at least 5 feet, except that garages and carports may be placed on up to 50% of each interior side or rear property line;

b. b. Distance between two accessory buildings: 10minimum of 5 feet;

c. c. Distance between accessory buildings and residential u nits: 15minimum of 5 feet;

d. d. Distance between open and uncovered , guest parking areas and residential units:
15minimum of 5 feet;

e. e. Distance between vehicular accessways and residential units: 10minimum of 5 feet;

f. f. If a carport is located a minimum of seven and one-half5 feet from a side or rear property line, the rear wall may have openings to allow view and accessibility to required landscaped area, as illustrated in the design guidelines.;

g. 3. Separations, required under 9.12.040.020.A.2, only apply to first floor building areas. No
separation is required for second and third floor building areas;

h. All separation areas required under 9.12.040.020.A.2 s hall be fully landscaped;

i. No pedestrian walkways/pathways shall be provided with in any separation area required under 9.12.040.020.A.2 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 3 feet;

j. No parking areas shall be designed in any manner that allows for a vehicle to overhang any required separation area;
k. If a main entry or required emergency egress window o n 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.

3. Stepbacks. (See Figure 3a)

a. On any R-2 or R-3 zoned property adjacent to an R-1 z oned 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.

b. Stepbacks shall be measured from the required setbac k line.

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4. Minimum Driveway Access Width. Minimum accessway width Driveways shall have a minim u m wide of 25 feet is required for all access drives serving multiple f amily developments. If swing out . Where garage doors are utilizeddesigned to swing out into the driveway, the m inimum driveway width shall be 27 feet.

Figure 3a:

Page 826 of 1101 ends

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

1. The maximum building height for building areas, as me asured to the topmost part of the roof, shall be as follows:

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

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

c. The maximum building height for third floor building a reas is 35 feet.

2. 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:

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

b. View-obscuring treatment such as wing walls.

c. Obscure, opaque, or frosted fixed (non-slider) window s.

Page 827 of 1101 ends

20 Feet 20 Feet
5 Feet
Minimun
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32 | P a g e

d. A row of screening/canopy trees evenly spaced shall b e 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.

C. Water Heaters. Each dwelling unit shall have a separa te 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.

D. Laundry Facilities. All multiple-family residential u nits 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.

E. 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.

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

G. Dwelling Entries.

1. 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.

2. All front entry doors that are designed to be paralle l 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.

H. Refuse Storage Areas.

1. All refuse container storage and collection areas sha ll 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.

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

I. Outdoor and Indoor Uses and Activities—Private and Co mmon Open Space/Recreational and Leisure Areas —Sites Under 14,400 Square Feet. Each development site under 14,400 square feet in area proposing multiple-family development shall provide private and common open spaces.

1. Any active open space shall provide a minimum five-fo ot-wide landscaped buffer along a property
line(s) abutting an R-1 zoned property.

2. The combined usable private and common open space sha ll equal a minimum of 300 square feet
per unit.

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

4. Private open space in the form of a patio, yard, balc ony, 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.

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

6. Rooftop decks may be counted toward the common open s pace requirement.

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

8. Common open spaces shall have a minimum area of 225 s quare feet, 15 feet in any horizontal
dimension, and a minimum vertical clearance of 15 feet.

9. Required landscaped setback areas shall not count tow ard any required private or common open
space but may be located adjacent to such required open space area to enhance and expand the open space function.

10. Required common open 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. Indoor common recreational areas may be counted up to 50 percent of the common open space/recreational area requirement.

J. Open Space, Recreation and Leisure Areas—Sites Over 1 4,400 Square Feet.

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

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

3. Rooftop decks may be counted towards the common open s pace requirement.

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

5. Indoor common recreational areas may be counted up to 50 percent of the common open space/recreational area requirement.

6. Private Open Space

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a. 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.

b. Private open space in the form of a patio, yard, balc ony, 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.

7. Common Open Space/Recreational Area
a. Common open spaces and indoor recreational areas shal l be connected to habitable areas via a pathway, paseo, walkway, trail system, or similar pedestrian access. Common open spaces and indoor recreational uses shall not be connected to habitable areas via a vehicular driveway or path.

b. The minimum area for any one active recreation area s hall be 900 square feet with minimum
horizontal dimensions of 30 feet in any direction. A project site may include more than one (1) active recreation area. The combined active recreation area for a project site shall be as set forth in the table below.

c. If the minimal open space dimension standards for acti ve recreation area set forth in this section
cannot be met, but the net total of open space can be accomplished by reconfiguration, then driveway width shall be a minimum of 27 feetthe site plan may be approved with modifications.

However, no more than 10 lineal feet may be reduced from any active recreation area dimension.

4. TABLE OF DEVELOPMENT DENSITY R-3 ZONE

Density (By SiteNet Lot Area) Maximum UnitsMinimum Total Square Feet for Active Recreation Area
7,200—10,799 sq. ft. 2
10,800—12,599 sq. ft. 3
12,600—14,399 sq. ft. 4
14,400—16,199 sq. ft. to 26,99 sf 5*900
16,200—17,999 sq. ft. 6
18,000—19,799 sq. ft. 7
19,800—2127,000 to 39,599 sq. ft.sf 81,225
2139,600—24,399 sq. ft. to 49,999 sf 91,600
24,400—25,199 sq. ft. 10
25,200—2650,000 to 69,999 sq. ft.sf 112,500
2770,000—28,799 sq. ft. to 95,999 sf 123,600
28,800—30,599 sq. ft. 13
30,600—32,399 sq. ft. 14
32,400—34,199 sq. ft. 15

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Density (By SiteNet Lot Area) Maximum UnitsMinimum Total Square Feet for Active Recreation Area
34,200—3596,000 to 199,999 sq. ft.sf 165,625
36,000—37,799 sq. ft. 17
37,800—39,599 sq. ft. 18
39,600—41,399 sq. ft. 19
41,400—43,559 sq. ft. 20
43,560 sq. ft.200,000 or more sq. ft.sf **24 units per acre or 1,800 sq. ft. per unit9,025 * No new condominium project of five units or less. ** Maximum density (R-3, M.D.R.) = 24 Units/acre.

Figure 1: Diagram indicating an R-3 parcel, proposed for development, located contiguous to an R-1 parcel.

Only 50% of building areas may be three story. (This allowable increase in building height is relative to the locations of other buildings and structures on the site and may not at all times be appropriate depending on parcel configuration and upon the total site design. Those portions of buildings designed as three-story structures proposed for location on a given site shall be designed to be architecturally sensitive to both on site and abutting off-site structures.) Figure 2a-1: Diagram indicating interior side and rear setbacks for a proposed R-2 or R-3 multifamily residential project located contiguous to an existing R-2 or R-3 multiple-family residential project.

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Figure 2a-2: Diagram indicating an R-3 parcel, proposed for development, located contiguous to an R-1 zoned parcel.

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PROPOSED R-2 OR R-3 MUL Tl-FAMILY DEVELOPMENT
2-sTORY
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Figure 2b: Diagram depicting three-story location (R-3 zoned property only).

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Figures 3a-f: Building separation diagrams (elevations).

Figure 4a-b: Building

Page 834 of 1101 ends

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d. Active Common Open Space/Recreation Area. Common open space/recreation areas shall be designed to provide specific amenities as shown in the table below based on the number of units to be provided. 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.

An applicant may substitute an amenity further down the list for the one listed for the project size under consideration; for example, for a 15-unit project, a substitution may be made for the required barbeque with table seating, community garden area, or outdoor active use area. The selection of amenities shall take into consideration the following criteria:

i. Size and shape of active recreation area;

ii. Location and placement diagrams (view considerations).of buildings;

iii.

B. Building Setbacks. Interior side and rear setbacks for R-2 and R-3 zoned multiple-family residential projects will be determined by applying the building separation standards (subsection A of this section) to proposed buildings in relationship to existing multiple-

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40 | P a g e

family residential projects on adjacent property. The minimum setbacks for the proposed building will be one-half the required distance prescribed in the building separation standards, regardless of the setbacks of the adjacent existing structure. (See Figure 2a.) C. Building Height Adjacent to R-1 Zone Property. For multiple-family residential projects in the R-3 zone that are adjacent to an R-1 zoned property the following shall apply:

1. No portion of a building over one-story in height shall be permitted within 20 feet of an R-1 zoned property.

2. For portions of second-story buildings within 20 to 40 feet of the R-1 zone property line, a combination of the following shall be provided:
a. High windows;
b. View obscuring window treatment, wing walls, 90-degree angles, etc.; c. Opaque or frosted windows;
d. Intervening patio walls, special window alignment so as not to look onto R-1 zoned properties;
e. A row of screening/canopy trees evenly spaced shall be placed along the property lines that abut the R-1 zone properties.

3. For portions of buildings located beyond 40 feet from property zoned R-1, 50% of the building area may be situated in a three-story configuration at or below the 35-foot height limits. The allowable increase in building height is relative to the locations of other buildings and structures on the site and may not at all times be appropriate depending on parcel configuration and upon the total site design. Those portions of buildings designed as three-story structures proposed for location on a given site shall be designed to be sensitive to both on-site structures and adjacent property.

D. Water Heaters. Each dwelling unit shall have a separate hot water heater or may be provided with a centralized circulation water heating system sufficient to serve all dwelling units on the property.

E. Laundry Facilities. All multiple-family residential units shall be provided washer and dryer hookups and laundry space within the unit or garage. The laundry area shall not infringe upon garage parking area. In the case of apartments, common laundry facilities may be included in addition to the individual unit hookups.

F. Storage Facilities. A separate area having a minimum of 300 cubic feet of private and secure storage space shall be provided for each unit.

1. Said storage area may be located within the garage, provided it does not interfere with garage use for automobile parking.

2. Normal closet and cupboard space within the dwelling unit shall not count toward meeting this requirement.

3. No storage shall be allowed in carport areas.

4. Enclosed garages are required to provide 300 cubic feet of storage cabinet space; or 300 cubic feet of storage space may be provided elsewhere on the site.

G. Garage Doors. All garages shall be provided with automatic garage door openers.

H. Dwelling Entries.

1. All units shall be provided with standard door locks and dead bolts.

2. No dwelling entry shall be located with direct, uninterrupted, unimpeded access to a primary or secondary arterial street.

I. Refuse Storage Areas. There shall be provided standard refuse storage facilities for the containment of standard receptacles based on the following requirements:

1. Diversity of recreational amenities; and

iv. Number of Receptaclesunits and/or lot size.

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Multifamily Residential Development Amenity Standards
Number of
Units Base Amenity Type and Minimum Size Additive Amenity Ratio 0-5 Barbeque with Table Seating 1 per 10 units, but at least 1 in all cases up to 10 Community Garden Area – 32 sf minimum 8 sf/4 units up to 15 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 – 250 sf minimum

• 1 Workstation/8 Units
• 5 sf/1 Unit
up to 35
Provide Two of Three:
• Business Center with Workstations – 2
minimum
• Indoor or Outdoor Gym – 250 sf minimum
• Clubhouse with 400 sf Kitchen

• 1 Workstation/8 Units
• 5 sf/1 Unit
• 5 sf/1 Unit
Number of
Unitsup to
45 Types of ReceptaclesOne In-Ground Outdoor
or Indoor Spa
Receptacles Required1 - 64 sf Spa at 65
Units
2 - 36 sf Spas at 80 Units
2 – 64 sf Spas at 100 Units

1.5 sf Increase/ 1 Unit > 100 Units
up to 80
BinProvide One of Two:
• Pool - 20,000-gallon minimum
• Children’s Play Area1 – 500 sf minimum

• 10 sf/ 1 Unit
• 50 sf/1 Unit
up to 100+ One additional amenity from the list not
otherwise provided
Same Rates for All Apply
Notes:

1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an Additive Amenity Ratio calculated at 5 sf/1 unit.

2. Allows Wellness Facility Substitution for 55+ Age Restricted Development 0-5 Barrels or Containers 4

* Each additional five to 15 units requires one additional bin, etc., or more than one pickup per week per bin.

2. All refuse storage areas shall be readily accessible to the users they serve as well as for collection operations and shall be enclosed by a solid masonry or concrete block wall at least 60 inches in height that shall be designed in a manner architecturally compatible with the overall design of the project’s buildings.
a. The site area shall have a concrete pad at least four inches in thickness. b. The storage area shall be shielded from public view by a wall that matches the exterior building material and color and has gates with view obscuring slats or other opaque material. c. The storage area shall be designed as per the Garden Grove Sanitary District and City of Garden Grove Design Guidelines.

3. In the event that any refuse storage area cannot be located within 100 feet walking distance from the unit it serves, individual trash compactors may then be required through the site plan process.

J. Outdoor Uses and Activities—Open Space Recreation and Leisure Areas—Sites Under 14,400 Square Feet. Each site under 14,400 square feet proposing multiple-family development shall provide private recreational and leisure areas that are conveniently located and readily accessible to each

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dwelling unit. Active and passive recreation and leis ure areas may also be provided. Any active recreation area provided shall not be located closer than 20 feet to R-1 zoned property.

1. The recreation and leisure area shall equal at least 300 square feet per unit.

2. Private open space in the form of a patio, yard, balcony or combination thereof shall contribute to the required recreational and leisure areas and shall meet the following dimensions:
a. A minimum of 100 square feet for the first level with a minimum dimension of nine feet; b. A minimum of 90 square feet for the second level with a minimum dimension of nine feet.

K. Open Space, Recreation and Leisure Areas—Sites Over 14,400 Square Feet.

1. Intent. It is the intent of this section to provide ample space and cities for the active enjoyment of recreational activities by residents and guests of multiple-family housing projects. In this regard, active open space elements shall be of sufficient size and location and shall be readily accessible to each dwelling unit. On-site recreation facilities shall be buffered from noncompatible R-1 single-family residential properties. Recreation facilities that feature such activities as pools, spas, court activities, etc., shall be placed and operated so as not to infringe upon the peacefulness of nearby residential properties.

Said recreation and leisure area shall equal at least 300 square feet per unit. The following spaces shall contribute to the required recreation and leisure areas:
a. Private Recreation Area.
i. Minimum Size. Private open space in the form of a patio, yard, balcony or combination thereof meeting the following dimensions may be counted toward meeting the required recreation area:
(A) Minimum of 100 square feet for the first level with a minimum dimension of nine feet; (B) Minimum 90 square feet for the second level with a minimum dimension of nine feet. ii. Additional Private Recreation Area. No additional balcony shall be less than seven feet in width or 49 square feet in area.
b. Active Recreation Area. Each development having a net developable area of 14,400 square feet or larger, and proposing five or more units, shall provide an active recreation element(s). Said element shall include at least one or more of the following: spa, pool, tennis, volleyball, racquetball court(s), basketball half court, or other similar usable recreational activities. The required active recreational amenities shall be based on a needs assessment evaluation of the proposed project. The subject evaluation shall take into consideration the following criteria:
i. Size and shape of active recreation area;
ii. Location and placement of buildings;
iii. Diversity of recreational amenities;
iv. Number of units and/or lot size.

2. Reconfigurations of Active or Private Recreation Areas. The foregoing dimensional standards are required for approval during the site plan review. If the minimal dimension standards cannot be met, but the net total recreational 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 active or private recreation area dimension.

3. Setbacks of Active Recreation Areas. Active recreation areas shall be located five feet from any habitable structure. The subject active recreation area 8. On-site 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.

9. Pool pump and similar mechanical equipment shall not b e located immediately adjacent to any abutting residential property line 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 Active Common Open Spaces. The subject ac tive common open space shall have a minimum dimension as shown in the Table of Recreational Area Requirements, according to the net lot area. In addition, said area shall have a minimum five-foot s eparation setback between the active recreation area and any portion of a habitable structure. For example, if the minimum recreationopen space dimension of 40 feet is required, then fivethree feet must be added to that

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minimum dimension for every side adjacent to the above-mentioned structures. If, because of geographic or design configuration limitations any proposed active or passive recreation areas cannot achieve the dimensional parameters as expressed above and in the table below, then a waiver of this provision must be requested.

4. Table of Recreational Area Requirements.

Net Lot Area Minimum Dimension for Active Recreation
Area
14,400 to 26,999 sq. ft. 30 feet
27,000 to 39,599 sq. ft. 35 feet
39,600 to 49,999 sq. ft. 40 feet
50,000 to 69,999 sq. ft. 50 feet
70,000 to 95,999 sq. ft. 60 feet
96,000 to 199,999 sq. ft. 75 feet
200,000 or more sq. ft. 95 feet

11. Note: Passive Common Open Space. U p to 10%50 percent of the recreation area can have the minimum dimension reduced pursuant to the requirements under the waiver process.)

5. Passive Recreation Area. The subject development may provide passive required common open space/leisure areas that would consistmay be developed and maintained as p assive common open space consisting of landscape areas that incorporate the use of pathways, waterscape, waterscapes, and hardscape (i.e., large rocks/boulders, benches, gazebos, raised planters constructed on site of bricks, concrete or rocks, railroad ties, etc.) and unique features that enhance the appearance, desirability and usability of the area. The intent is to provide landscaped areas that can be utilized for sitting and viewing unique/ exotic plants, reading and similar types of enjoyment amenities, rather than just landscaped setback areas.

Only 50% of. Such passive areas having a minimum dimensionopen space shall have dimensions of no less than 10 feet by 20 feet clear ofin any structures candirection. Such passive open space areas shall be counted towards the recreation/leisure area square fo otage requirements.improved with at least three types of the amenities in the following list:

a. 6. Pathways

b. Benches/Tables

c. Raised landscaped beds

d. Gazebo or similar shade structure

e. Community garden

f. Outdoor game feature

g. Water fountains or other water features

K. Circulation, Pedestrian and Vehicular Parking.

1. a. Every multiple-family residential development shall b e designed in such a manner that adequateto provide walkways are provided convenientthat link parking areas to the needs of the residents and guests and the services of public agencies. Pedestrianprimary access to the unifying elements of any development shouldeach unit or, in the case of a common lobby

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entrance, to that lobby entrance. Such pedestrian wa lkways shall be separate from and free of conflict with vehicular accessways. Distinctive paving materials shall be used for the wa lkways to create a clear visual contrast to vehicular travel ways.

2. All developments consisting of six units or more shall provide directories placed in a convenient location at the development entry to guide motorist and pedestrians.

3. b. Every multiple-family residential development s hall be designed with an internal street and
parking system adequate to handle the need for vehicular circulation. When keeping with the design of the surrounding neighborhood, driveways may be permitted to provide access directly into individual garages. All driveways and circulation systems shall be design ed 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.

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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.

The Community Development Department shall review the
adopted standards for effectiveness and
efficiency 24 months after the effective date of the ordinance establishing these requirements.

Minimum Development Size.

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

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

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

1. 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.

a. 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.

b. 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.

C. Development Perimeter Block Wall. Each development shall provide a decorative masonry perimeter wall utilizing stucco finish, slump stone or split-face b l ock, 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:

1. All perimeter fencing shall comply with the requirements as contained in Section 9.16.210 (wall, fences, and hedges).

2. 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.

A decorative perimeter wall constructed of non-masonr
y material may be approved through the site
plan review procedure.

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

4. 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 subject to City approval.

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D. Development Entrance.

1. The development’s entrance shall be enhanced to provide a sense of neighborhood arrival.

Entrance enhancement may shall include such elements such as signage, special landscaping, decorative pavementstamped concrete or pavers, enhanced fence wall details, water features utilizing reclaimed water, artwork, boulevard median with landscaping, and similar aesthetic improvements. Development entrances shall include a minimum of th ree of these aesthetic improvements.

2. If the development includes a security gate (s), the setback shall comply with the required setbacks established by adequate access for ingress and egress of pedestrian and vehicular traffic shall be provided, subject to the requirements of and to the satisfaction of the Public Works DepartmentEngineering Division.

E. Common Recreational Area.

1. 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.

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

i. 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.

b. 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.

c. 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.

F. Development Streets.

1. 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.

2. 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. A street width of less than 36 feet is subject to City review and approval based on a case-by-case basis.

3. 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.

G. Development Sidewalks.

1. All development streets shall provide sidewalks.

a. All sidewalks shall maintain a minimum width of 48 inches.

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

c. 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.

H. Group Mailboxes.

1. If group mailboxes are part of the project design, the mailboxes should be located conveniently and in a safe location within the community. The City shall determine and approve the location of the group mailboxes.

The group mailboxes shall be designed with the architectural character of surrounding buildings, and be similar in form, materials, and colors.
a.

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

b. Design and location of group mailboxes must conform to US Post Office requirements.

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

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

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

3. 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.

4. 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:

a. The front yard setback shall be in character of adjacent lots’ setbacks, and shall h a ve similar
front setbacks up to a maximum of 20 feet.

b. 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.

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

1. 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.

a. 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.

b. 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.

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

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

3. 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.

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

a. 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.

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

ii. Enclosed patios are not permitted.

b. To accommodate oddly shaped lots, the City may consider 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.

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

The first floor elevations facing any reduced rear ya
rd may have minimized openings (e.g., windows
and doors), particularly from common living spaces.

6. The open space in a reduced rear yard setback shall b e used as passive open space and may not include any major recreation area and/or activities.

a. 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.

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

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

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

2. 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.

3. 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.

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

5. 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.

6. 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.

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Table of Setbacks and Development Standards

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Minimun Lot
Size
Setbacks
Perimeter
Setbacks
Build in Front
Buildin Rear
Buildin Side
Front of Gara e
Heiglt
Primary Struct1.1re
Owel ling Open
$ ace
Owelli
Common
RJ? c re atio nal
S ace
Parking
Streets htemal
tothe Pro· ct
Project
Sidewalks
Adjacentto
Arteria I
1 acre
15 t.b 20 ft.

Adjace rt to
Cdlector street
Development standards
Setbacks and Hei ht
Adjacent to
R-1
Adjacent to
R-2, R-3, C-1, C-2,
M-1, M- P, 0-S
Adjacent to
htemal Public
Road
Small Lot Subdi'Asion s are permilled in 1he R-2 and R-3 zones. 1 acre 1 acre 1 acre 1 acre
min. 10 t."
min. 15 ft.
25 ft.""' min. 15 ft.
min.8 ft.
min. 19 ft.
max. 30 t. max. 35 ft.
2-stories 3-stories
15 ft. b 20 ft. 15 ft. b 20 ft. 15 ft. b 20t. 15 t. b 20 ft.

Adjacent to
Int em al Private
Road
1 acre
min. 15 t.
min.8 ft.
min. 19 t.
15 t. b 20 ft.
min. 200 cubic ft. min. 200 cubic ft. min. 200 c:obic ft. min. 200 cubic ft. min. 200 cubic t. min. 200 cubic ft.

For developments w i1h 10 or more units.
2 00 . t. erunit 200 s . ft. er unit 200 s . ft. er unit 200 s . ft. er unit 200 s . ft. er unit 200 . t. e run it 3 .75 spaces per
unit
2 space s enclosed in garage. 1 g uest parking space in driww a y. .75 unassigned guest parking space in parking lot or street

3.75 spaces per 3.75 spaces per 3.75 spaces per 3.7 5 spaces per 3 .75 spaces per unit unit unit unit unit
36 t.wide wilh 2· 36 t.wide with 2·
sided parking . sided parking.
28 t. wide w i1h 1· 28 t. wide with 1 •
sided arki n sided ark in
If streets have 2-sided parking, there shall be sidewalks on both sides of1he street.

If streets have 1-sided arkin , there shall be a sidewalk on one side ofthe street at a minimum. 48 in. wide 48 in. wide
e site penmeter se ac s a mat surrou n In9 properties set ac sup to a maximum o ""S elback includes 10 feet of development peri mete rsetback.

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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.

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Minimum Loi
Siz:e
Setbacks
Heig,t
Primary Struc11J re
Owel ling Open
s ace
Ow el Ii rg Storage
Space
Common
Recreat ional
s ace
Parking
Streets ht e ma I
to t h e Pro · c t
Project
Sidewa lks
e srte pe nm
Adjacent to
Arteria I
1 acre
1:5 t . b 20 ft.
min . 200 cubic ft .
2 00 . t . er unit
3 .7:5 spaces per
unit
Adjace rt to
Cci I e ctor Street
Development Standards
Setbacks and Hei ht
Adjacent to
R-1
Adjacent to
R-2. R-3. C1. C-2.

M-1. M- P. 0-S
Adjacent to
h temal Public
Road
Adjacent to
Internal Pri 11ate
Road
Small Lot Subdivisions are permitted in 1he R-2 and R-3 zones . 1 acre 1 acre 1 acre 1 acre 1 acre
min . 10 t ."
min . 1 :5 ft .
min . 2:5 ft."" min . 1:5 ft . min . 1:5 t .
min. 8 ft . min . 8 ft.
min . 19 ft . min . 19 t .
m ax. 30 t . max. 3:5 ft .
2-stor ies 3-stories
1 :5 ft . b 20 ft. 1:5 ft. b 20 ft. 1:5 ft. b 20 t . 1 :5 t . b 20 ft . 1:5 t . b 20 ft. min. 200 cubic ft . min. 2 00 cubic ft. min . 200 cubic ft. min . 200 cubic t . min . 200 cubic ft .

For developmen ts with 10 or more units.
200 s . ft . er unit 200 s . ft . er unit 200 s . ft. er unit 200 s . ft. er unit 200 . t . erunit 2 space s enclosed in garage . 1 g uest parking space in driveway . . 7:5 u na ss ign ed guest pa rl<in g space in park in g lot or street

3.7:5 spaces per 3.7:5 spaces per 3.7:5 spa ces per 3.7 :5 spaces per 3 .7:5 spaces per unit unit unit unit unit
36 ft. wide with 2-sided 36 ft. wide with 2-sided
parking parking
28 ft. wide with 1-sided 2 8 ft. wide with 1-sided
parking parking
25 ft. wide with no parking 25 ft. wide with no parking sides of 1h e street .
fth e street at a minimum .
48 in . wide 48 in . wide
'"S etb a ck in elude s 10 feet of development peri mete r setback .

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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

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within the development project; and dwelling front yard setback adjacent to a private road within the project.

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Figure 3: Diagram indicating building setbacks for the following: dwelling rear yard setback adjacent to a

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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.

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

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

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

c. 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.

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

L. Dwelling Height.

1. 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.

a. 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.

i. 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.

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

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

M. Privacy Provisions. Each project shall provide second -story and third-story floor plans that are
designed to take into account the privacy concerns of residents in adjacent properties. Second-story and third-story windows, balconies, and decks shall be situated so as to not be positioned directly opposite to the windows of adjacent residential dwelling units, and shall be oriented away from the adjacent residence’s private recreation areas.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.

1. Where second-story windows are oriented toward an adj acent property’s private recreation area, one or more of the following measures shall be provided:

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

b. View-obscuring treatment such as wing walls.

c. Obscure, opaque, or frosted fixed (non-slider) window s.

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G. d. A row of screening/canopy trees evenly spaced shall b e 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.

N. Building Design. Each project shall be designed to include architectur al design approaches that include all of the following elements:Each project shall be designed to provide varying rooflines and building projections in order to enhance the appearance of the dwelling, and to minimize the appearance of a bulky, box shaped design. Each project shall incorporate architectural accents that are compatible with the design of the dwelling that includes varying window shapes and decorative trim on all windows and doors.

1. Rooflines that have at least two changes in orientati on and/or pitch.

2. For buildings that have a front façade greater than 2 0 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.

H. 3. 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.

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

1. 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.

a. 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.

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

2. 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.

1. a. All guest parking spaces on a private driveway shall b e open and uncovered.

3. 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.

P. Driveways. Private driveways shall service each residential lot and may vary in width. Driveways are subject to approval by the Cityshall have a minimum width of sixteen feet.

1. No shared driveways between lots shall be permitted.

2. 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.

Q. Storage Facilities. Each dwelling unit shall provide a minimum of 200 150 cubic feet of private and secure storage space.

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1. 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.

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

R. 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.

1. All unpaved areas shall be planted with an effective combination of trees, grass berms, groun d
cover, lawn, shrubbery, and/or approved dry decorative landscaping materiallandscaping in accordance with the landscape requirements of this Chapter .

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

3. 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.

4. 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.

Section 9.12.040.080 – Landscaping - General Provisions, paragraphs A-E are hereby amended to read as follows:

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

B. Parcels zoned or used for single-family purposes shall provide landscaping in all areas not covered by buildings, structures, patios or driveways.

C. For the purpose of this section, the front yard shall be defined as the front yard setback. determined by a line drawn parallel to the front building plane. This shall also include any accessory structure such as a garage, if the structure is attached.

D. Reserved. The following regulations are for maximum c overage of hardscape.

1. The maximum permitted hardscape coverage in the front yard setback shall be 50%. Private sidewalks and walkways are excluded from this 50% so long as they do not exceed a width of five feet.

2. 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.

E. 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.

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Section 9.12.040.090 – Landscaping Requirements is hereby amended to read as follows:

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.

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

B. 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.

C. Parking Lot Landscaping.

1. Size. For parking facilities, a variety of tree sizes is required for every 10 parking spaces.

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

D. Trees.

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

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

E. Tree Numbers.

1. Parking area—One per eight spaces

2. Street setbacks—One per 20 linear feet

3. Balance of site—One per 600 square feet (less parking area building).

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

Total site:
48″ 36″ 24″ box 15 gallons Other
10% 10% 15% 40%

60% 5%

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G. Tree Staking.

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

HG. Planter Width.1. Minimum width of finger planter is three feet, inside clear dimens The mMinimum width of all planters shall be is three feet clear, interior dimensions, not inclusive o f retaining curb or wall.

IH. Shrubbery.

1. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.

JH. Groundcover.

LJ.

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1. 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

2. Provide landscaping that is compatible with neighboring uses; or

3. Screen the use from neighboring negative impacts such as traffic, outside storage, etc.

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MK. Landscape Plans.

1. 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.

2. 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.

3. Each landscape plan shall illustrate a concern for design elements such as balance, scale, texture, form and unity.

4. Each landscape plan shall address the functional aspects of landscaping such as drainage, erosion prevention, wind barriers, provisions for shade and reduction of glare.

5. Each landscape plan shall demonstrate a concern for solar access, including exposure and shading of window areas and solar panels.

6. Landscaping shall be used to relieve solid, unbroken elevations and to soften continuous wall expanses.

NL.

Substitute Landscaping.

Artificial turf is shall be permitted, provided it complies within the front and rear yards and shall comply with the following criteria:
a. Artificial turf shall have a minimum eight-year “No F ade” warranty. b. Artificial turf shall be installed by a licensed prof essional and shall be installed pursuant to manufacturer’s requirements, except if the artificial turf is installed by the homeowner. The homeowner shall be required to follow the manufacturer’s specifications for installation.
c. Artificial turf shall be installed and maintained to e ffectively simulate the
appearance of a well- maintained lawn. The turf shall be maintained in a gr een fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions.
d. The use of indoor or outdoor plastic or nylon carpeti ng as a replacement of artificial turf or natural turf shall be prohibited. No rubber infill is permitted. e. Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.

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f. Areas of living plant material (i.e., flower beds, tr ee 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 percent% of the landscape area..
g. Artificial turf shall be separated from flower beds b y a concrete mow strip, bender board, or other barriers acceptable to the City in order to prevent intrusion of living plant material into the artificial turf.
h.

Artificial turf in front yards shall be limited to 75 percent5% of required landscape area and shall not be installed in parkways.

OM. Screening.

2. Perimeter landscaping adjacent to the property lines is required in parking areas. Planter area curbs shall be used in place of wheel stops.

PN. Separation.

1. All landscaping shall be separated from parking and vehicular circulation areas by a raised, continuous six-inch Portland cement concrete curb.

2. Other materials that accomplish the same purpose may be approved by the hearing body through the site plan review process.

3. All trees shall be staked in accordance with s tandards maintained by the City Manager or designee.

QO. Arterial Site Entries.

2. 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.

3. 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.

4. 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.

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5. All trees whether singularly placed or placed on clusters shall not inhibit standard visibility parameters.

RP. Landscaping and Irrigation Plans Required. Lan d scape 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).

SQ. In addition to the above, the following are req uirements that shall apply to the landscape
design plan and are more fully explained in the Guidelines (Appendix 1, Title 9):

2. Plants having similar water use shall be grouped together in distinct hydrozones.

TR. Irrigation Requirements.

9.08.040.055.A.

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2. Irrigation shall be performed in conformance with city ordinances and with water conservation practices.

VT. In addition to the above, the following are req uirements that shall apply to the landscape
design plan.

2.5 “Irrigation Design Plan.”

2. Recycled Water.

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a. 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.
b. 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. c. The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes.

3. 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:
a. Location and size of separate water meters for the landscape; b.

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; c. Static water pressure at the point of connection to the public water supply; d. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station;
e. Irrigation schedule parameters necessary to program smart timers specified in the landscape design;
f. 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 g. The signature of a California-licensed landscape professional.

4. 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 .

Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

6. Certificate of Completion.

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a. Landscape project installation shall not proceed until the landscape documentation package has been approved by the City and any ministerial permits required are issued. b. 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.
c. 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:
i. 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.

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9.12.040.100 Landscaping—Compliance
A. Any modification to an approved landscape or irrigation plan must be approved by the hearing body prior to installation of said landscaping or irrigation.

B. 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.

C. No final inspection or occupancy clearance will be granted until all of the landscaping and irrigation is installed in accordance with the approved plans.

D. Landscaping and irrigation systems shall be located and designed as specified on the approved plans.

9.12.040.110 Landscaping—Maintenance Requirements and Violations A. Maintenance. All landscaping shall be maintained. Maintenance of landscaping areas shall include, but not be limited to, the following:

1. Irrigation equipment shall be in working condition at all times.

2. Litter shall be removed from all landscaped areas in a timely fashion.

3. All sod areas shall be mowed on a regular basis. Sod areas shall at all times be kept g
reen. 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.

4. Landscaping maintenance shall include pruning, cultivating, weeding, fertilizing, r
eplacement of plants and watering on a regular basis.

5. Landscape maintenance shall also include pruning or removal of overgrown vegetation, c
ultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or that causes detriment to neighboring properties or property.

6. Landscape maintenance shall also include the removal of dead, decayed, diseased or h
azardous 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.

7. Any removal of mature landscaping must be replaced with landscaping of similar size a
nd maturity as that which was removed.

B. 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.

C. 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.

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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.

9.12.040.130 Walls, Fences and Hedges—Heights and Yards A. 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 may to be erected above the height limits by this chapter, but mayprovided 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.

B. Yard Regulations. Except as provided elsewhere in Title 9, every required yard shall be open and unobstructed from the ground to the sky.

C. Modification of Required Front Yard Setback Where Nonconformities Exist. Unimproved lots located between lots that have nonconforming setbacks may be develop ed the property with a reduction in setback of up to five feet, but in no instance shall the front yard setback be less than 15 feet.

D. 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.

E. Yard Requirements for Property Abutting Half-Streets or Streets Designated by a Specific Plan.

1. No property shall develop half-streets.

2. 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

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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.

F. 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:

1. 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.

2. 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.

3. 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.

G. 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.

H. 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

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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.

1. Cornices, eaves, belt courses, sills, buttresses, or similar architectural features, may extend into the front yard not more than four feet.

2. Fireplace structures not wider than eight feet measured parallel to the wall of which it is a part.

3. Planting boxes or masonry planters, not exceeding 42 inches in height, may extend not more than four feet into the required front yard.

4. Guard railings for safety protection around ramps may be 42 inches in height.

I. 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.

J. 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.

9.12.040.140 Walls, Fences and Hedges
A. 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.

B. Wall, Fence or Hedge May Be Maintained.

1. 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.

2. 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.

3. 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.

4. 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

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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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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:
a. Said wall or fence does not extend into any front yard. b. A wall or fence exceeding six feet in height shall be subject to the preview and approval of the hearing body, who shall consider the effect of such wall or fence on other property in the vicinity.
c. Walls used for sound attenuation walls along arterials shall be attractive and subject to approval by the hearing body.

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.

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Garden Grove City CouncilSeptember 27, 2022

Garden Grove City Council
September 27, 2022