Printed: 11/12/2023
FINAL
Rate Design
Table C-1
City of Garden Grove Water Services Department
2023 Water Rate Study
Rate Design Calculations
612 Subtotal $188,271 $211,563 $225,102 $239,509 $245,499 613
614 Projected Revenues, Entire FY
615 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28
616 Total Projected Revenues $518,211 $588,104 $648,227 $689,712 $724,517 617
618
619
620
Step 15. Calculate Monthly Bill, 11 ccf/month, 5/8x3/4" Meter 621
622 Current 1/1/2024 1/1/2025 1/1/2026 1/1/2027 1/1/2028 623 Bi-Monthly Minimum Charge $33.85 $35.10 $38.23 $40.47 $42.84 $43.68 624 Commodity Delivery Charge $71.72 $74.80 $77.66 $84.26 $91.08 $93.94 625 Capital Improvement Charge $7.00 $7.45 $7.92 $8.43 $8.97 $9.20 626 Total Bi-Monthly Bill $112.57 $117.34 $123.81 $133.16 $142.89 $146.81 627
628 Monthly Bill $56.29 $58.67 $61.91 $66.58 $71.45 $73.41 629 % Increase 4.2% 5.5% 7.5% 7.3% 2.7%
630
631
632
Step 16. Calculate Monthly Bill, 50 Units Apartment Building, 9 ccf/month per unit, 3" Meter 633
634 Current 1/1/2024 1/1/2025 1/1/2026 1/1/2027 1/1/2028 635 Bi-Monthly Minimum Char ge $200.15 $231.29 $271.34 $293.55 $317.38 $330.77 636 Commodity Delivery Charge $3,506.88 $3,763.08 $3,973.08 $4,194.72 $4,425.36 $4,523.76 637 Capital Improvement Charge $112.00 $119.16 $126.79 $134.90 $143.53 $147.12 638 Total Bi-Monthly Bill $3,819.03 $4,113.53 $4,371.20 $4,623.17 $4,886.27 $5,001.65 639
640 Monthly Bill $1,909.52 $2,056.77 $2,185.60 $2,311.58 $2,443.13 $2,500.83 641 % Increase 7.7% 6.3% 5.8% 5.7% 2.4%
642
643
644
Step 17. Calculate Monthly Bill, Example Commercial, 2" Meter, 500 hcf Bi-Monthly Water Use 645
646 Current 1/1/2024 1/1/2025 1/1/2026 1/1/2027 1/1/2028 647 Bi-Monthly Minimum Char ge $111.45 $126.55 $147.01 $158.57 $170.96 $177.65 648 Commodity Delivery Charge $1,630.00 $1,700.00 $1,765.00 $1,915.00 $2,070.00 $2,135.00 649 Capital Improvement Charge $56.00 $59.58 $63.39 $67.45 $71.77 $73.56 650 Total Bi-Monthly Bill $1,797.45 $1,886.13 $1,975.40 $2,141.02 $2,312.72 $2,386.22 651
11132023 Garden Grove Water Rate Study Model
C1RateDesign
Copyright 2023 All Rights Reserved
FINAL
Printed: 11/12/2023
FINAL
Rate Design
Table C-1
City of Garden Grove Water Services Department
2023 Water Rate Study
Rate Design Calculations
652 Monthly Bill $898.73 $943.07 $987.70 $1,070.51 $1,156.36 $1,193.11 653 % Increase 4.9% 4.7% 8.4% 8.0% 3.2%
11132023 Garden Grove Water Rate Study Model
C1RateDesign
Copyright 2023 All Rights Reserved
FINAL
Printed: 11/12/2023
1 Garden Grove Water Rate Study Report 11132023
Agenda Item - 7.a.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim
From:
Niki Wetzel
Dept.:
City Manager
Dept.:
Community Development
Subject:
Second reading and adoption
of Ordinance No. 2945
Date:
11/28/2023
Attached for second reading is Ordinance No. 2945 recommended for adoption.
ATTACHMENTS:
Description
Upload Date
Type
File Name
Ordinance No. 2945
11/16/2023
Ordinance
2945_GG_Ordinance_Flavored_Tobacco.DOCX
1796910.1
ORDINANCE NO. 2945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING CHAPTER 6.44 OF TITLE 6 OF THE GARDEN GROVE MUNICIPAL CODE PERTAINING
TO REGULATION OF THE SALE OF TOBACCO PRODUCTS
City Attorney Summary
This Ordinance amends Chapter 6.44 (Regulation of the Sale of Tobacco Products) of Title 6 (Health and Sanitation) of the Garden Grove Municipal Code to reflect recent changes in State law concerning tobacco sales and to expressly prohibit the sale of tobacco products to person s under 21 years of age, the sale of tobacco products through vending machines, and the sale of flavored tobacco products.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, conventional tobacco products including cigars and hookah are also sold in flavors (such as menthol and wintergreen) that can appeal to youths and young adults and influence tobacco initiation and continued use; and WHEREAS, despite local, State, and federal efforts to limit youth access to tobacco, flavored tobacco and vaping products, minors are still able to access these products; and
WHEREAS, the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, with various tobacco control laws including: the prohibition against the sale or furnishing of tobacco products and smoking paraphernalia to minors (Cal. Pen. Code, § 308); the sale or furnishing of vaping products to minors (Cal. Health & Safety Code, § 119405); and the sale of loose or single cigarettes; and WHEREAS, the Stop Tobacco Access to Kids Enforcement (STAKE) Act prohibits the sale of tobacco and restricts its access to anyone under 21 years of age, requires tobacco retailers to check the identification of tobacco purchasers who appear to be under 21 years of age , and requires notices to be posted on or around tobacco products (Cal. Bus. & Prof. Code, § 22956); and
WHEREAS, in August 2020, the California Legislature passed, and Governo r Newsom signed into law Senate Bill 793 (“SB 793”), prohibiting the sale of most flavored tobacco products (codified at Cal. Health & Safety Code, §104559.5); and WHEREAS, State law permits local jurisdictions to adopt ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by State law; and
WHEREAS, the City of Garden Grove desires to update its Municipal Code to reflect recent changes in State la w concerning tobacco sale s, and to expressly prohibit the sale of tobacco products to persons under 21 years of age, the sale of tobacco products through vending machines , and the sale of flavored tobacco products; and
Garden Grove City Council
Ordinance No. 2945
1796910.1
WHEREAS, the City Council finds that the proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq. pursuant to Section 15061 of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section § 15061(b)(3)) because it can be seen with certainty that adoption of the prop osed Ordinance will not have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 The City Council finds that the above recitals are true and correct.
SECTION 2 Chapter 6.44 (Regulation of the Sale of Tobacco Products) of Title 6 (Health and Sanitation) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikeout text; additions in bold/underline text):
Chapter 6.44 REGULATION OF THE SALE OF TOBACCO PRODUCTS
6.44.010 Definitions
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Characterizing flavor” means a distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, vanilla, chocolate, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
“Employee” means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.
“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
Garden Grove City Council
Ordinance No. 2945
1796910.1
“Hookah” means a type of waterpipe, used to smok e shisha or other tobacco products, with a long flexible tube for drawing aerosol through water.
Components of a hookah may include heads, stems, bowls, and hoses.
“Hookah tobacco retailer” means a tobacco retailer that is engaged in the retail sale of s hisha tobacco products, hookah, and hookah smoking accessories.
“Minor” means any person under the age of 18 years.
“Nonprofit entity” means any corporation, unincorporated association, or other entity created for charitable, philanthropi c, education character -building, political, social, or other similar purpose, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a “nonpro fit entity” within the meaning of this section.
“Self-service display” means any open display of tobacco products and point-of- sale tobacco-related promotional products that the public has access to without the intervention of an employee.
“Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and maybe referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” does not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product.
“Tobacco product” means a tobacco product as defined in Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time, including but not limited to the following: any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco that may be utilized for smoking, chewing, inhaling, or other manner of ingestion.
A. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
B. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.
C. Any component, part, or accessory of a tobacco product, whether or not sold separately.
Garden Grove City Council
Ordinance No. 2945
1796910.1
“Tobacco product flavor enhancer” means a product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.
“Tobacco retailer” means any person or governmental entity that operates a store, stand, booth, vending machine, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.
“Vendor-assisted” means that only a store employee has access to the tobacco product and assists a customer by supplying the tobacco product, and the customer does not take possession of the tobacco product until it is purchased.
6.44.020 Prohibitions
A. No person, business, tobacco retailer, or owner, manager, or employee of a business or tobacco retailer shall be engaged in the sale of tobacco products without first posting a plainly visible sign at the point of purchase of tobacco p roducts that complies with all requirements established by the State Department of Public Health pursuant to subdivision (b) of section 22952 of the California Business and Professions Code. has wording substantially similar to:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 YEARS IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE UNDER 21 YEARS OF AGE.
The letters of the sign shall be at least one-half inch high.
B. No person, business, tobacco, retailer or owner, manager, or employee of any business or tobacco retailer shall sell, offer to sell or permit to be sold, any tobacco product to any purchaser who appears to be under 18 21 years of age, without first ver ifying by means of photographic identification containing the bearer’s date of birth, that the purchaser is not under 18 21 years of age, unless the seller has some other reasonable and reliable basis for determining the purchaser’s age.
C. No person, business, tobacco retailer, or owner, manager, or employee of any business or tobacco retailer shall sell, offer to sell, or permit to be sold, any tobacco product not in the original packaging provided by the manufacturer and with all required health warnings.
D. No person, business or tobacco retailer or owner, manager, or employee of any business or tobacco retailer shall sell, offer for sale, display for sale, or permit to be sold, offered for sale, or displayed for sale, any tobacco product by means of self-service display, vending machine, or by any means other than vendor- assisted sales.
E. No person, business or tobacco retailer or owner, manager, or employee of any business or tobacco retailer shall sell, offer for sale, display
Garden Grove City Council
Ordinance No. 2945
1796910.1
for sale, or permit to be sold, offered for sale, or displayed for sale, any flavored tobacco product or tobacco product flavor enhancer . There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, and/or images on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has characterizing flavor.
6.44.030 Exceptions
A. Section 6.44.020(A), (B), (C) and (D) shall not apply to any establishment where
access to the premises by persons under 1821 years of age is prohibited by law.
B. Section 6.44.020(E) shall not apply to loose leaf tobacco or premium
cigars, as defined in Section 104495.5 of the California Health and Safety Code.
C. Section 6.44.020(E) shall not apply to the sale of flavored shisha tobacco products by a lawfully established and duly licensed hookah tobacco retailer, provided the hookah tob acco retailer does not permit any person under 21 years of age to be present or enter the premises at any time and operates in compliance with all applicable state and local laws.
SECTION 3: 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 4: Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.
SECTION 5: 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 pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
Garden Grove City Council
Ordinance No. 2945
1796910.1
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 14, 2023, with a vote as follows:
AYES: COUNCIL MEMBERS: (6) O’NEILL, TRAN, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSTAIN: COUNCIL MEMBERS: (1) BRIETIGAM
Agenda Item - 7.b.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim
From:
Niki Wetzel
Dept.:
City Manager
Dept.:
Community Development
Subject:
Second reading and adoption
of Ordinance No. 2946
Date:
11/28/2023
Attached for second reading is Ordinance No. 2946 recommended for adoption.
ATTACHMENTS:
Description
Upload Date
Type
File Name
Ordinance No. 2946
11/16/2023
Ordinance
2946_GG_Ordinance_A-
038-
2023(A)_(Cannabis).DOCX
ORDINANCE NO. 2946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING A ZONING TEXT AMENDMENT TO CHAPTER 9.52 OF TITLE 9 OF THE GARDEN GROVE
MUNICIPAL CODE PERTAINING TO RETAIL SALE BY DELIVERY OF MEDICINAL
CANNABIS
City Attorney Summary
This Ordinance amends Chapter 9.52 (Cannabis Activities) of Title 9 (Land Use) of the Garden Grove Municipal Code to permit the retail sale by delivery of medicinal cannabi s in the City subject to specified regulations in compliance with State law.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, HEREBY FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, the City of Garden Grove currently prohibits the delivery of medicinal cannabis within the City limits; and
WHEREAS, SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients’ Right of Access Act (“Act”), prohibits local jurisdictions, beginning January 1, 2024, from adopting or enforcing any regulation that prohibits, or has the effect of prohibiting, the retail sale by delivery within the jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction ; and
WHEREAS, the Act permits local jurisdictions to adopt and enforce reasonable regulations on retail sale by delivery of medicinal cannabis; and WHEREAS, the Act does not limit or otherwise affect the ability of a local jurisdiction to adopt and enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction; and WHEREAS, Amendment No. A-038-2023(A) was initiated by the City of Garden Grove and includes a zoning text amendment to Chapter 9.52 of the Garden Grove Municipal Code to establish an exception in accordance with the A ct to permit and regulate the retail sale by delivery of medicinal cannabis within the City; and WHEREAS, the City Council finds that there are presently more than thirty (30) licensed medicinal cannabis retailers located within a 15 mile radius of the Cit y of Garden Grove from which retail sale by delivery of medicinal cannabis in the City is or may be available; therefore, prohibiting the establishment of physical premises within the City from which retail sale by delivery of medicinal cannabis is conduct ed will not have the effect of prohibiting the retail sale by delivery of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner in types and quantities that are sufficient to meet demand fro m medicinal cannabis patients who reside in the City; and
Garden Grove City Council
Ordinance No. 2946
WHEREAS, the City Council finds that the proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq. pursuant to Section 1506 1(b)(3) of the State CEQA Guidelines (Cal.
Code of Regs., Title 14, Section 15064(b)(3)) because it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.
WHEREAS, following a public hearing held on October 19, 2023, the Garden Grove Planning Commission adopted Resolution No. 6071-23 recommending that the City Council approve Zoning Text Amendment No. A -038-2023(A) and adopt the proposed Ordinance; and
WHEREAS, a duly noticed public hearing regarding Amendment No. A-038-2023(A) was held by the City Council on November 14 , 2023 and all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council of the City of Garden Grove gave due and careful consideration to the matter during its meeting of November 14, 2023, and considered all oral and written testimony presented; and
WHEREAS, the City Council hereby makes the follow ing findings regarding Zoning Text Amendment No. A-038-2023(A):
A. Amendment No. A-038-2023(A) 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. 6071-23.
B. Amendment No. A-038-2023(A) will promote the public interest, health, safety, and welfare as described in the Findings and Reasons of Planning Commission Resolution No. 6071-23.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that the above recitals are true and correct.
SECTION 2: Amendment No. A-038-2023(A) is hereby approved pursuant to the findings set forth herein and the facts and r easons stated in Planning Commission Resolution No. 6071-23 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: Subsection (C) of Sect ion 9.52.020 (Cannabis Dispensaries and Delivery Prohibited) of Chapter 9.52 (Cannabis Activities) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to read as follows (additions in bold/underline text):
Garden Grove City Council
Ordinance No. 2946
C. Exemptions.
(1) Pursuant and subject to Proposition 64 adopted by the State voters in November 2016, this section shall not prohibit: (1) the possession, planting, cultivation, harvesting, drying, or processing of up to six marijuana plants by persons 21 years of age or older inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure; or (2) the possession of, or giving away of, the marijuana produced by such plants to persons 21 years of age or older.
(2) (a) Pursuant and subject to SB 1186 (Chapter 395, Statutes of 2022), known as the Medicinal Cannabis Patients’ Right of Access Act, subject to the provisions of this subsection C(2), this section shall not prohibit the retail sale by delivery within the City of medicinal cannabis to medicinal cannabis patients or their primary caregivers by a medicinal cannabis business from a fixed location outside of the C ity. For purposes of this subsection (C)(2), the terms “me dicinal cannabis,” “medicinal cannabis business,” and ”medicinal cannabis patient” shall have the same meaning as defined in Section 26321 of the California Business and Professions Code.
(b) Medicinal cannabis businesses engaging in the retail sale by delivery of medicinal cannabis within the City shall be subject to the following requirements:
(i) Each medicinal cannabis business engaging in the retail sale by delivery of medicinal cannabis in the City shall obtain and maintain a City of Garden Grove business tax certificate pursuant to Title 5 (Business Operation Taxes, Permits and Regulations) of the Garden Grove Municipal Code.
(ii) Each medicinal cannabis business shall maintain an active M -license issued by the State of California and all applicable permits and/or licenses required by the local jurisdiction in which the business is located. The business shall submit a copy of any and all of its S tate and local licenses and permits required for its operation to the City’s Tax Administrator prior to issuance or renewal of a business tax certificate. The business shall notify the City’s Tax Administrator if any applicable State or local license or permit required for its operation expires or is denied, suspended, modified, revoked.
(iii) Each medicinal cannabis business and employee of a medicinal cannabis business engaged in the retail sale by delivery of medicinal cannabis in the City shall at all times comply with all
Garden Grove City Council
Ordinance No. 2946
applicable regulations promulgated by the California Department of Cannabis Control, including, but not limited to, the regulations pertaining to the delivery of cannabis set forth in Cal. Code of Regs., tit. 4, sections 15415 through 15421.
(iv) In accordance with Subsection A above, the retail sale by delivery of adult-use cannabis is prohibited throughout the City.
Only the retail sale by delivery of medicinal cannabis or medicinal cannabis products in the C ity as required by State law is permitted. A medicinal cannabis business or employee of a medicinal cannabis business shall not sell or offer for sale any cannabis accessories or branded merchandise of any kind concurrently or in conjunction with the retail sale of medicinal cannabis or medicinal cannabis products in the City.
(v) All deliveries of medicinal cannabis shall be performed by a delivery employee who is directly employed by the medicinal cannabis business. Each medicinal cannabis business shall maintain an accurate list of its delivery employees and shall provide the list to the City upon request. Each delivery employee engaging in the retail sale by delivery of medicinal cannabis in the City shall carry during deliveries and immediately provide upon request by the City or any law enforcement officer the following:
a copy of the current business tax c ertificate issued to the medicinal cannabis business; a copy of the current license or licenses issued to the medical cannabis business by the State Department of Cannabis Control which authorize it to engage in the retail sale of medicinal cannabis; a co py of the QR Code certificate issued by the State Department of Cannabis Control; the employee’s government -issued identification; an
identification badge provided by the employer; delivery inventory ledgers from the time the employee left the employer’s premises; all delivery receipts for cannabis goods carried by the delivery employee, in the delivery vehicle, or any deliveries that have already been made to customers; and a log of all stops from the time the employee left the employer’s premises. A deli very employee shall not carry cannabis goods valued in excess of five thousand dollars ($5,000) at any time while engaged in the retail sale by delivery of medicinal cannabis in the City.
(vi) All deliveries of medicinal cannabis must be made to a physical address that is not located on publicly owned land, on land or in a building leased by a public agency, a school providing instruction in kindergarten or any grades one through twelve, a day care center, or a youth center. A licensed retailer shall only sell medicinal cannabis goods to individuals who are at least 18 years of age and possesses a valid physician's recommendation
Garden Grove City Council
Ordinance No. 2946
after confirming the customer's age, identity, and physician's recommendation.
(vii) Each medicinal cannabis business shall maintain an accurate list of all vehicles used by its employees to deliver medicinal cannabis in the City, including each vehicles’ make, model, year, color, license plate number, vehicle identification number (VIN), and Department of Motor Vehicles regist ration information, along with proof of current automobile liability insurance for each such vehicle as required by State law, and shall provide such list and proof of automobile insurance to the City upon request, in the event of any changes, and prior to issuance or renewal of a business tax certificate. Retail sale by delivery of medicinal cannabis in the C ity may only be conducted using a properly insured vehicle that is identified on the most current list provided to the City and that is outfitted with a dedicated Global Positioning System (GPS) device for identifying the geographic location of the delivery vehicle and recording a history of all locations traveled to by the delivery employee while engaged in delivery, as provided by State law. In accordance with State law, a delivery vehicle shall not have any marking or other indications on the exterior of the vehicle that may indicate that the delivery employee is carrying cannabis goods for delivery.
(c) This Subsection C(2) only authorizes the retail sale by delivery of medicinal cannabis by a licensed medical cannabis business from a fixed premises located outside of the City. Nothing in this section shall be construed to permit the establishment of a cannabis dispensary or other physical premises from which retail sale by delivery of medicinal cannabis within the C ity is conducted.
(d) Nothing in this subsection C(2) is intended to or shall be interpreted to prohibit medicinal cannabis patients or their caregivers from purchasing by delivery sufficient medicinal cannabis to meet their demands in a timely and readily accessible manner.
SECTION 4: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unco nstitutional 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, subs ection, 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.
Garden Grove City Council
Ordinance No. 2946
SECTION 5: 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 pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption or on January 1, 2024, whichever is later.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 14, 2023, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) O’NEILL, TRAN, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, BRIETIGAM, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
Agenda Item - 7.c.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim
From:
Niki Wetzel
Dept.:
City Manager
Dept.:
Community Development
Subject:
Second reading and adoption
of Ordinance No. 2947
Date:
11/28/2023
Attached for second reading is Ordinance No. 2947 recommended for adoption.
ATTACHMENTS:
Description
Upload Date
Type
File Name
Ordinance No. 2947
11/16/2023
Ordinance
2947_GG_Ordinance_A-038-
2023(B)_(Code_Enforcement).docx
ORDINANCE NO. 2947
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING AMENDMENT NO. A -038-2023(B), A ZONING TEXT AMENDMENT TO PORTIONS OF CHAPTERS 9.08, 9.12, 9.16, AND 9.18 OF TITLE 9 OF THE CITY OF GARDEN GROVE
MUNICIPAL CODE ESTABLISHING ENHANCED STANDARDS FOR THE SCREENING OF
MECHANICAL EQUIPMENT WITHIN AN EXTERIOR EQUIPMENT ENCLOSURE IN RESIDENTIAL ZONES; CLARIFY ING HOW THE MAXIMUM PERMITTED HARDSCAPE
COVERAGE I N THE FRONT YARD SETBACK IN RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND OPEN SPACE ZONES IS CALCULATED; AND UPDAT ING THE STANDARDS FOR ARTIFICIAL TURF IN ALL ZONES.
City Attorney Summary
This Ordinance approves zoning text amendments to portions of Chapters
9.08, 9.12, 9.16, and 9.18 (Single -Family Residential Development Standards, Multifamily Residential Development Standards, Commercial, Office Professional, Industrial, and Open Space Development Standards, and Mixed Use Regulations And Development Standards, respectively) of Title 9 of the City of Garden Grove Municipal Code to establish enhanced standards for the screening of mechanical equipment within an exterior equipment enclosure in residential zones; to clarify how the maximum permitted hardscape coverage in the front yard setback in residential, commercial, industrial, and open space zones is calculated; and to update the standards for installation of artificial turf in all zones.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, Amendment No. A-038-2023(B) was initiated by the City of Garden Grove and is a zoning text amendment to portions of Chapters 9.08, 9.12, 9.16, and
9.18 (Single-Family Residential Development Standards, Multifamily Residential Development Standards, Commercial, Office Professional, Industrial, and Open Space Development Standards, and Mixed Use Regulations and Development Standards, respectively) of Title 9 of the City o f Garden Grove Municipal Code establishing enhanced general development standards within residential zones and modified landscaping requirements within all zones;
WHEREAS, following a Public Hearing held on October 19, 2023, the Planning Commission adopted Resolution No. 6072-23 recommending approval of Amendment No. A-038-2023(B);
WHEREAS, pursuant to a legal notice, a Public Hearing regarding the proposed adoption of this Ordinance was held by the City Council on November 14, 2023, and all interested persons were given an opportunity to be heard;
WHEREAS, the City Council gave due and careful consideration to the matter; and
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Ordinance No. 2947
WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6072-23, and makes the following findings regarding Amendment No. A-038-2023(B):
A. The Amendment is internally consistent with the goals, objectives and elements of the City’s General Plan.
B. The Amendment will promote the public interest, health, safety an d welfare.
WHEREAS, the City Council finds that the proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq. pursuant to Sections 15301, Existing Facilities, and 15601(b)(3), Common Sense, of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Sections 15301 and 15601(b)(3)).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitals are true and correct.
SECTION 2: The facts and reasons stated in Planning Commission Resolution No. 6072-23 recommending approval of Amendment No. A-038-2023(B), a copy of which is on file in the Office of the City Clerk, are hereby incorporated herein by reference with the same force and effect as if set forth in full.
SECTION 3: Subdivision G of Section 9.08.040.010 (Single-Family Residential – General Requirements) of Chapter 9. 08 (Single-Family Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to specify standards for exterior equipment enclosures (deletions shown in strikethrough, additions shown in bold-italics):
G. Mechanical Equipment, Metering Devices. All roof and ground mounted mechanical equipment and metering devices shall be screened from view from either on or off the property.
Ground-mounted mechanical equipment, including, but not limited to, water heaters, heating, cooling or ventilating equipment, swimming pool or spa heaters, pumps or filters, may be permitted to be located in a side yard setback on any property improved with a single -family residence, provided that the equipment is screened from view from all public rights-of-way. If required by manufacturer’s specifications, equipment may be installed within exterior equipment
enclosures. All equipment enclosures, including any flues, accessories, or other appurtenances, shall be painted to match the main house. If the equipment is to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.
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Ordinance No. 2947
SECTION 4: Subdivision G of Section 9.12.040.010 (Multifamily Residential – General Requirements) of Chapter 9.12 ( Multifamily Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to specify standards for exterior equipment enclosures (deletions shown in strikethrough, additions shown in bold-italics):
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 the adjacent public rights-of-way, adjacent properties, and on-site uses using one of the following methods for the specific equipment referenced. Exceptions to this screening requirement shall be fire -fighting equipment required by the Fire Department.
a. Roof-mounted: Shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.
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 not limited to, water heaters, heating, cooling or ventilating equipment, swimming pool or spa heaters, pumps or filters shall not be located within a front yard setback but may be permitted to be located in a rear or side yard setback, provided that the equipment is sc reened from view from all abutting public rights -of-way and is shielded to achieve the requirements of Garden Grove Municipal Code Chapter
8.47 (Noise Control). If required by manufacturer’s
specifications, equipment may be installed within exterior equipment enclosures. All equipment enclosures, including any flues, accessories, or other appurtenances, shall be painted to match the main house. If the equipment is to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.
SECTION 5: Footnote 4 to the R-1 Development Standards Table in Subdivision A of Section 9.08.040.020 (Residential – General Development Standards) of Chapter
9.08 (Single-Family Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to clarify how the maximum permitted hardscape coverage in the front yard setback is calculated (deletions shown in strikethrough, additions shown in bold-italics):
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R-1 DEVELOPMENT STANDARDS TABLE
Placement R-1
. . . . . .
Maximum front setback coverage (4) 50%
. . . . . .
. . .
4. Hardscape counted toward maximum coverage percentage includes driveways and pedestrian walkways, excepting portions of driveways that directly lead to a private garage , or legally converted garage, in the following amounts: 200 square feet for a one -car garage, 400 square feet for a two -car garage, 600 square feet for a three -car garage, and 800 square feet for a four-car garage (except allowed standard driveway in the front yard).
SECTION 6: Subdivision D of Section 9. 08.040.050 (Landscaping – General Provisions) of Chapter 9. 08 (Single-Family Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to clarify how the maximum permitted hardscape coverage in the front yard setback is calculated (deletions shown in strikethrough, additions shown in bold-italics):
D. The following regulations are for maximum coverage of hardscape.
1. The maximum permitted hardscape coverage in the front yard setback shall be 50% , inclusive of pedestrian walkways and portions of driveways not excepted pursuant to Section
9.08.040.020. 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.
SECTION 7: Footnote 3 of Subdivision A of Section 9.12.040.020 (Residential – General Development Standards) of Chapter 9.12 (Multifamily Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to clarify how the maximum permitted hardscape coverage in the front yard setback is calculated (deletions shown in strikethrough, additions shown in bold-italics):
Garden Grove City Council
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R-2 and R-3 Development Standards Table
Placement R-2 (5) R-3 (5)
. . . . . . . . .
Front setback coverage – Maximum (3) 50% 50%
. . . . . . . . .
. . .
3. Hardscape counted towards maximum coverage percentage includes driveways and pedestrian walkways (except allowed standard driveway in the front yard).
SECTION 8: Subdivision D of Section 9.12.040. 080 (Landscaping – General Provisions) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to clarify how the maximum permitted hardscape coverage in the front yard setback i s calculated (deletions shown in strikethrough, additions shown in bold-italics):
D. The following regulations are for maximum coverage of hardscape.
1. The maximum permitted hardscape coverage in the front yard setback shall be 50% , inclusive of driveways and pedestrian walkways. 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.
SECTION 9: Subdivision D of Section 9. 16.040.060 (Landscaping – General Provisions) of Chapter 9. 16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to establish standards for installation of artificial turf (deletions shown in strikethrough, additions shown in bold-italics):
D. The following regulations are for maximum coverage 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 s etback shall be from the back of sidewalk or street dedication line. The public parkway area between the curb and sidewalk All portions of the front yard setback , not covered with approved driveways and walkways, must be fully landscaped, including, but no t limited to, the public parkway area between the curb and sidewalk.
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Ordinance No. 2947
SECTION 10 : Subdivision N of Section 9. 08.040.060 (Landscaping Requirements) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to establish standards for installation of artificial turf (deletions shown in strikethrough, additions shown in bold-italics):
N. Substitute Landscaping
1. Materials such as crushed rock, decomposed granite, redwood chips, pebbles and stone may be used in lieu of live plant materials for up to 30% of the required landscape coverage area. Artificial plants and synthetic groundcovers are prohibited, except where allowed within the R -1 (Single-Family Residential) zone, s ubject to the following standards:
a. Artificial turf is permitted, provided it complies with the following:
i. Artificial turf shall have a minimum eight -year “No Fade” warranty.
ii. Artificial turf shall be installed by a licensed professional 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 of a type known as cut pile infill, and shall be installed over a compacted and
porous road base material, and shall be anchored at all edges and seams. Artificial turf may not be layered over concrete or other nonporous surfaces, according to the
manufacturer’s specifications for installation. A proper drainage system shall be installed underneath the turf
to prevent excessive run-off or pooling.
iv. 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 green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions. An infill medium consisting of clean washed sand or other approved mixture shall be brushed into
the fibers to ensure that the fibers remain in an upright position, and to provide ballast that will help hold the turf in place and provide a cushioning effect.
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v. iv. The use of indoor or outdoor plastic or nylon carpeting as a replacement of artificial turf or natural turf shall be prohibited. No rubber infill is permitted.
vi. v. Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.
vii. vi. Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included in the overall landscape design when installing artificial turf. Living plant material shall include shrubs, vines, trees, and flowering gro undcovers and shall constitute a minimum of 25% of the landscape area.
viii. vii. Artificial turf shall be separated from flower beds by a concrete mow strip, bender board, or other barriers acceptable to the City to prevent intrusion of living plant material into the artificial turf.
ix. viii. Artificial turf in front yards shall be limited to 75% of required landscape area.
SECTION 11 : Subdivision N of Section 9. 12.040.090 (Landscaping Requirements) of Chapter 9. 12 (Multifamily Residential Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to establish standards for installation of artificial turf (deletions shown in strikethrough, additions shown in bold-italics):
N. Substitute Landscaping
1. Materials such as crushed rock, decomposed granite, redwood chips, pebbles and stone may be used in lieu of live plant materials for up to 30% of the required landscape coverage area. Artificial plants and synthetic groundcovers are prohibited.
Artificial turf is permitted, provided it complies with the following criteria:
a. Artificial turf shall have a minimum eight -year “No Fade” warranty.
b. Artificial turf shall be installed by a licensed professional 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 of a type known as cut pile infill, and shall be installed over a compacted and porous road
Garden Grove City Council
Ordinance No. 2947
base material, and shall be anchored at all edges and
seams. Artificial turf may not be layered over concrete or other nonporous surfaces, according to the
manufacturer’s specifications for installation. A proper drainage system shall be installed underneath the turf
to prevent excessive run-off or pooling.
d.c. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well -maintained lawn. The turf shall be maintained in a green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and
impressions. An infill medium consisting of clean washed sand or other approved mixture shall be brushed into
the fibers to ensure that the fibers remain in an upright position, and to provide ballast that will help hold the turf in place and provide a cushioning effect.
e.d. The use of indoor or outdoor plastic or nylon carpeting as a replacement of artificial turf or natural turf shall be prohibited.
No rubber infill is permitted.
f.e. Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.
g.f. Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included in the overall landscap e design when installing artificial turf. Living plant material shall include shrubs, vines, trees, and flowering groundcovers and shall constitute a minimum of 25% of the landscape area.
h.g. Artificial turf shall be separated from flower beds by a concrete mow strip, bender board, or other barriers acceptable to the City to prevent intrusion of living plant material into the artificial turf.
i.h. Artificial turf in front yards shall be limited to 75% of required landscape area.
SECTION 12 : Subdivision N of Section 9. 16.040.070 (Landscaping Requirements) of Chapter 9. 16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to establish standards for i nstallation of artificial turf (deletions shown in strikethrough, additions shown in bold-italics):
N. Substitute Landscaping
1. Materials such as crushed rock, decomposed granite, redwood chips, pebbles and stone may be used in lieu of live plant materials
Garden Grove City Council
Ordinance No. 2947
for up to 30% of the required landscape coverage area. Artificial plants, with the exception of artificial turf, are prohibited. Artificial turf shall be allowed within the O -P (Office Professional), C -1 (Neighborhood Commercial), C -2 (Community Commercial), C -3 (Heavy Commercial), M-1 (Limited Industrial), M-P (Industrial Park), and O-S (Open Space) zones, subject to the following standards:
a. Artificial turf is permitted, provided it complies with the following:
i. Artificial turf shall have a minimum eight -year “No Fade” warranty.
ii. Artificial turf shall be installed by a licensed professional 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 of a type known as cut pile infill, and shall be installed over a compacted and
porous road base material, and shall be anchored at all edges and seams. Artificial turf may not be layered over concrete or other nonporous surfaces, according to the
manufacturer’s specifications for installation. A proper drainage system shall be installed underneath the turf
to prevent excessive run-off or pooling.
iv.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 green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions. An infill medium consisting of clean washed sand or other approved mixture shall be brushed into
the fibers to ensure that the fibers remain in an upright position, and to provide ballast that will help hold the turf in place and provide a cushioning effect.
v.iv. The use of indoor or outdoor plastic or nylon carpeting as a replacement of artificial turf or natural turf shall be prohibited. No rubber infill is permitted.
vi.v. Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.
vii.vi. Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included in the overall landscape design when installing artificial turf. Living plant material shall include
Garden Grove City Council
Ordinance No. 2947
shrubs, vines, trees, and flowering groundcovers and shall constitute a minimum of 25% of the landscape area.
viii.vii. Artificial turf shall be separated from flower beds by a concrete mow strip, bender board, or other barriers acceptable to the City to prevent intrusion of living plant material into the artificial turf.
ix.viii. Artificial turf in front yards shall be limited to 75% of required landscape area.
SECTION 13 : Subdivision E of Section 9. 18.120.030 (Landscaping Requirements) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 of the Garden Grove Municipal Code is hereby amended as follows to establish standards for installation of artificial turf (deletions shown in strikethrough, additions shown in bold-italics):
E. Artificial Turf. Artificial turf shall be permitted within the front and rear yards and shall comply with the following criteria:
1. Artificial turf shall have a minimum eight -year “No Fade” warranty.
2. Artificial turf shall be installed by a licensed professional and shall be installed pursuant to manufacturer’s requirements.
3. Artificial turf shall be of a type known as cut pile infill, and shall be installed over a compacted and porous road base material, and shall be anchored at all edges and seams.
Artificial tur f may not be layered over concrete or other nonporous surfaces, according to the manufacturer’s
specifications for installation. A proper drainage system shall be installed underneath the turf to prevent excessive run-off or pooling.
4.3. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well - maintained lawn. The turf shall be maintained in a green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and impressions. An infill medium consisting of clean washed sand or other approved mixture shall be brushed into the fibers to e nsure that the fibers remain in an upright position, and to provide ballast that will help hold the turf in place and provide a cushioning effect.
5.4. The use o f indoor or outdoor plastic or nylon carpeting as a replacement of artificial turf or natural turf shall be prohibited.
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Artificial shrubs, flowers, trees, and vines in lieu of living plant material shall be prohibited.
6.5. Areas of living plant material (i.e., flower beds, tree wells, etc.) within the front yard, side, rear, and common areas shall be included within the overall landscape design when installing artificial turf. Living plant material shall include shrubs, vines, trees, and flowering groundcovers.
7.6. Artificial turf shall be separated from flowerbeds by a concrete mow strip, bender board, or other barrier acceptable to the City in order to prevent intrusion of living plant material into the artificial turf.
8.7. Three sets of detailed landscape and irrigation plans shall be submitted to the planning division for review and approval prior to installation of the artificial turf in order to confirm compliance with the City Code and any valid land use entitlement for the property.
SECTION 14: 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 a ny one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 15: 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 pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
Garden Grove City Council
Ordinance No. 2947
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on November 14, 2023, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) O’NEILL, TRAN, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, BRIETIGAM, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE