item 7 Introduction and First Reading of Ordinances approving Zoning Text Amendment Nos. A-042-2025(A) and A-042-2025(B) to amend various provisions of Title 9 (Land Use) of the Garden Grove Municipal Code t

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-042-2024(B), A TEXT AMENDMENT TO PORTIONS OF CHAPTERS 9.04, 9.08, 9.12, 9.16, 9.18, 9.32, AND 9.60 OF TITLE 9 OF THE CITY OF GARDEN GROVE MUNICIPAL CODE TO CONFORM

TO STATE AND FEDERAL LAW AND CITY POLICIES, TO REPLACE

SUBJECTIVE LANGUAGE, AND TO MAKE CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS.

CITY ATTORNEY SUMMARY

This Ordinance approves a zoning text amendment to portions of Chapters 9.04 (General Provisions), 9.08 (Single -Family Residential Development Standards),

9.12 (Multifamily Residential Development Standards), 9.16 (Commercial, Office Professional, Industrial, a nd Open Space Development Standards), 9.18 (Mixed Use Regulations and Development Standards), 9.32 (Procedures and Hearings), and 9.60 (Special Housing Regulations) of Title 9 (Land Use) of the Garden Grove Municipal Code to conform to state and federal la w and City policies, to replace subjective language, and to make clarifications and typographical corrections. The Ordinance corrects typographical and formatting errors, adds data tables and additional reference information within existing data tables, re stores words and provisions that were previously inadvertently removed , codifies historical City interpretations, clarifies potentially confusing language, makes similar standards consistent across multiple Chapters, adds specificity to certain development standards and codifies certain City policies and procedures to aid in enforcement, and revises various provisions to conform to state and federal law.

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

WHEREAS, the City of Garden Grove is proposing a zoning text amendment to portions of Chapters 9.04, 9.08, 9.12, 9.16, 9.18, 9.32, and 9.60 of Title 9 of the City of Garden Grove Municipal Code to conform to state and federal law and City policies, to replace subjectiv e language, and to make clarifications and typographical corrections; and

WHEREAS, the proposed Zoning Amendment No. A -042-2024(B) would update portions of Chapters 9.04 (General Provisions), 9.08 (Single -Family Residential Development Standards), 9.12 (M ultifamily Residential Development Standards), 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards), 9.18 (Mixed Use Regulations and Development Standards), 9.32 (Procedures and Hearings), and 9.60 (Special Housing Regul ations) of Title 9 (Land Use) of the Garden Grove Municipal Code to correct typographical and formatting errors, add data tables and additional reference information within existing data tables, restore words and provisions that were previously inadvertent ly removed, codify historical City interpretations, clarify potentially confusing language, make similar standards consistent across multiple Chapters, add specificity to certain development standards and codify certain City policies and procedures to aid in enforcement, and revise various

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provisions to conform to state and federal law; and

WHEREAS, following a public hearing held on June 5, 2025, the Garden Grove Planning Commission adopted Resolution No. 6114-25 recommending the City Council to approve Zoning Amendment No. A-042-2025(B); and

WHEREAS, pursuant to a legal notice, a Public Hearing regarding Zoning Amendment No.

A-042-2025(B) was held by the City Council on July 8, 2025 , and all interested persons were given an opportunity to be heard; and

WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of July 8, 2025, and considered all oral and written testimony presented; and

WHEREAS, this ordinance is exempt from the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq., pursuant to Sections 15378(b)(5) (Organizational or Administrative Activities), 15301, (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), 15060(c)(2) (Not a Project) and 15601(b)(3), (Common Sense), of the State CEQA Guidelines. (Cal. Code of Regs., Title 14, Sections 15378(b)(5), 15301, 15303, 15060(c)(2), and 15601(b)(3)); and

WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6114-25 and makes the following findings regarding Amendment No. A-042-2025(B):

A. Zoning Amendment No. A-042-2025(B) is internally consistent with the goals, policies, and elements of the General Plan.

B. Zoning Amendment No. A-042-2025(B) is deemed to promote the public interest, health, safety and welfare.

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

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

SECTION 2. Zoning Amendment No. A-042-2025(B) is hereby approved pursuant to the findings set forth herein and the facts and reasons stated herein and in Planning Commission Resolution No. 6114-25, a copy of which is on file in the City Clerk’s Office and incorporated herein by reference with the same force and effect as if set forth in full.

SECTION 3. Subsection C (Definitions) of Section 9.04.060 (Definitions) of Chapter 9.04 (General Provisions) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to (a) revise the definitions of a “Department Director,” “Floor area ratio,” “Structure,” and “Supportive housing for the homeless” ; and (b) add a definition of “Thrift retail store”, to be

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placed in alphabetical order, as follows (deletions in strikethrough text and additions shown in double underline):

Definitions. Unless otherwise specifically provided, the words and phrases used in the chapter shall have the following meanings:
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“D” Definitions.
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"Department Director" means the City's Director of Economic and Community Development Director or other individual designated by the City Manager to supervise the City's Community Development Ddepartment, or his or her designee. …

“F” Definitions.
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"Floor area ratio" means the ratio between the area of gross building floor space of all buildings on a lot and the area of the building site it they occupyies. Gross building floor space includes, but is not limited to, habitable areas, accessory structures, garages, structured parking, and mezzanine or loft spaces. …

“T” Definitions.
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“Thrift retail store” means a retail store and related donation facilities engaged primarily in the sale of secondhand clothing, shoes, apparel, toys, and standard household goods, including furniture, fixtures, and small household appliances, and the collection of t hose goods for resale. “Thrift retail store” does not include the sale of large household appliances such as refrigerators or stoves and does not include the sale of cars or anything automotive-related.
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“S” Definitions.
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"Structure" means a walled and roofed building, and any appurtenances associated with the structure, including porches, patios, gazebos, pergolas, arbors, a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. …

"Supportive housing for the h omeless" is a form of affordable permanent supportive housing specifically serving homeless individuals or youths; the term has the same

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meaning as defined in Section 50675.14 of the Health and Safety Code, and includes administrative office space in the amounts set forth in paragraph (5) of subdivision (a) of Section 65651 of the Government Code and transitional housing for youth and young adults and is a form of affordable permanent supportive housing specifically serving homeless individuals or youths . Th e "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, 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. …

SECTION 4. Subsection A of Section 9.08.020.050 (Special Operating Conditions and Development Standards) of Section 9.08.020 (Permitted Uses in the R-1 Zone) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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

1. The minimum site area shall be one acre.

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

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

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

32. Limitations on lot coverage by buildings need not apply.

43. Main buildings and structures on the site shall not be closer than 25 feet to any

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property line that is a common property line with "R" zoned property, except that accessory buildings and structures shall maintain a side yard of 10 feet, with five feet added at ground level for each additional story over the first. Any detached one -family dwelling on such site shall conform to the yard requirements and required distance between buildings as described in the zone in which the dwelling is located.

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

65. On interior lots, the required side yards may be used to provide off -street parking areas, and, on corner lots, the interior side yard may be similarly used.

Under no circumstances may the required side yard on the street side be used for off-street parking. A solid or decorative masonry wall of 42 inches in height shall be provided between the parking area and the required side yard on the side street side.

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

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

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

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

1110. Requirement(s) of this subsection A may be waived by the Planning Commission upon a finding that the impacts of the project, as proposed, do not justify imposition of the requirement(s).

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SECTION 5. Note 6 to the “R-1 DEVELOPMENT STANDARDS TABLE” set forth in Subsection A of Section 9.08.040.020 (Residential - General Development Standards) of Section 9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

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

SECTION 6. Section 9.08.040.030 (Special Requirements - R-1 Zone) of Section 9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.08.040.030 Special Requirements — R-1 Zone.

A. All plans for new construction, and/or attached or detached additions, and/or detached structures 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 crite ria. Wherein any of these criteria have not been met, the addition plans 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 design fea tures of the primary residential unit and each attached or detached addition or accessory structure shall match one another, as provided below: are compatible with the existing dwelling unit. The roofing shall be the same style, material and design as the main structure.

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

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

3. The total footprint coverage of the main primary 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.

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

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:

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

b. Second-story wWindows and balconies locations shall not have direct views take into account adjacent property's recreation areas , such as side and rear yards, and amenities, which may include such as pools, spas, seating areas, play equipment, patios, gazebos, gardens, or other similar recreation areas or amenities located on portions of an adjacent lot that are not visible from the public right-of-way. etc.; Where there are direct views into adjacent recreation a reas from proposed window and balcony locations, visual intrusion mitigation measures shall be provided, such as the following:

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

ii. View-obscuring treatment such as wing walls.

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

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

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

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single-family residential purposes shall comply with all of the following provisions, unless otherwise required by this title:
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9. Interior Standards for Detached Accessory Structures.

a. Detached aAccessory 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 n detached accessory structure shall only have one outlet for every 10 feet.

c. Only non -egress windows are allowed within a n detachedaccessory structure.
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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 nonhabitable structures may be erected fifteen feet above the height of the structure to which it is attached limits prescribed if done so in conjunction with the filing of a conditional use permit.
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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.

I. Swimming Pools. Swimming pool setbacks shall be subject to any applicable standards of the California Building Code, but in no case shall be less than 5 feet to the side and rear property lines, and 20 feet to the front property line. Separations between swimming pools and any structures shall be subject to any applicable standards of the California Building Code, but in no case shall be less than 6 feet. See also Section 9.08.040.010.G and 9.08.040.020.F.

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J. Any yard accessories t aller than 36 inches, including, but not limited to, statues, fountains, planters, barbecues, counters, diving boards, slides, play and sports equipment, rock walls, and fireplaces or fire pits, shall not be taller than 17 feet in height, and shall be subj ect to the following setbacks: 5 feet to the side and rear property lines, 10 feet to any street side property lines, and 20 feet to the front property line.

SECTION 7. Section 9.08.040.100 (Walls, Fences and Hedges – Heights and Yards) of Section

9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single -Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown i n double underline):

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 may be erected above the height limits by this chapter, but may not exceed a height of 15 feet above the structure to which it is attached. No penthouses or roof structure, nor any other space above the height limit allowed for the zone in which the building is located, shall be allowed for the purpose of providing additional usable floor space, except that usable floor space may be provided above this height for churches, and publi c, 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 heig ht 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.
…

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

CB. Modification of Required Front Yar d Setback Where Nonconformities Exist.

Unimproved lots located between lots that have nonconforming setbacks may develop 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.

DC. 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 as measured from the ultimate right- of-way. 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

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the garage door is perpendicular to the street. Those properties 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.

ED. Yard Requirements for Property Abutting Half -Streets or Streets Designated by a Specific Plan.
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FE. 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:
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GF. 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 th e 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.

HG. Permitted Intrusions Into Required Yards. The following intrusions may project into any single-family development required yard, but in no case shall such intrusion extend more than two feet into any required yard, except as provided below. Any such extension shall not reduce any remaining side yard or rear to a width less than three feet.
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I. Waiver of Zone Separation Setback. When commercial or industrial property h as 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 an d 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.

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SECTION 8.Subsection B of Section 9.08.040.110 (Walls, Fences and Hedges) of Section

B. Wall, Fence or Hedge May Be Maintained.

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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 front(s) a property line(s) other than the front line, the triangular area observance may be waiv ed or modified subject to the approval of the hearing body.
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10. A wall or fence not exceeding eight feet in height may be constructed along that portion of a lot or parcel that abuts a freeway right -of-way; provided that: said wall or fence does not extend into any front yard.

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 e ffect 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.
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SECTION 9. Subsection B of Section 9.08.040.120 (Lot Areas, Frontages and Dwelling Unit Areas) of Section 9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amend ed as follows (deletions in strikethrough text and additions shown in double underline).

B. Lot Area Not to Be Reduced. No lot area shall be so reduced or diminished that the lot area, yards, or other open spaces shall be less than prescribed by this chapter for the zone in which it is located, nor shall the density of population be increased in any

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manner, except in conformity with the regulations established by this chapterTitle or State Law.

SECTION 10. Section 9.08.040.150 (Parking Spaces Required) of Section 9.08.040 (Single- Family Residential Development Standards) of Chapter 9.08 (Single -Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

9.08.040.150 Parking Spaces Required.

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USE REQUIRED MINIMUM PARKING SPACES
A. Residential Uses

1. Single-family homePrimary
Dwelling Unit(s)
a. 10-4 sleeping rooms

2 spaces in an enclosed garage plus 2 open spaces
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SECTION 11. Subsection B of Section 9.08.040.160 (Parking – Special Requirements) of Section 9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single - Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

B. Required Types of Spaces. Resident parking spaces for single-family homesprimary dwelling units shall be provided in garages only, and/or as open spaces on paved driveways.

SECTION 12. Section 9.08.040.170 (Location of Parking Spaces) of Section 9.08.040 (Single- Family Residential Development Standards) of Chapter 9.08 (Single -Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

§ 9.08.040.170 Location of Parking Spaces.

A. All required open parking spaces and garages shall be located on the same building site or within the same development , unless otherwise provided in accordance with State Law.

B. All off-street open and enclosed parking spaces shall be located and maintained so as to be accessible and usable for the parking of motor vehicles.

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3. For projects approved and developed after April 25, 1991, where security gates are proposed to be provided, 7010% of the guest parking spaces shall be located outside the secured area.
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SECTION 13. Subsection B (Parking Improvements) of Section 9.08.040.180 (Parking Dimensions and Design Lay-Outs) of Section 9.08.040 (Single-Family Residential Development Standards) of Chapter 9.08 (Single-Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

B. Parking Improvements.

1. Paving. Parking and loading facilities shall be surfaced and maintained with asphalt concrete, concrete or other permanent, impervious fixed surfacing material sufficient to prevent loose surfacing materials and other nuisances.

Parking lot striping shall be maintained at all times. Any development requiring parking lot improvements will be required to file with the City conditions, covenants and restrictions requiring maintenance of the parking area. Said conditions, covenants and restrictions shall run with the land. …

6. Screening. Open off -street parking areas for non -residential uses shall be screened from view of public streets and adjacent land uses that are more restrictiveproperties improved with residential uses.
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9. Dimensions. Parking space dimensions shall be as adopted by resolution of the Planning Commission .All parking spaces shall conform to the following minimum dimensions:

a. Non-Residential Uses.

Standard Space: 9 ft wide by 19 ft long
Compact Space: 8 ft wide by 15 ft long
Parallel Space: 8 ft wide by 22 ft long

i. Wherever a space is adjacent to a wall, fence, or hedge, an additional one foot of width shall be provided to that space.

ii. Up to 20% of the required parking stalls may be compact parking spaces.

b. Residential Uses.

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i. Enclosed Parking Spaces. All enclosed parking spaces shall conform to the minimum interior dimensions of 10 feet wide by 20 feet long for each space. For example: A two -car garage shall maintain minimum interior dimensions of 20 fee t wide by 20 feet long.

ii. Open Driveway Parking Spaces. All open parking spaces provided on a driveway shall conform to the minimum dimensions of 9 feet wide by 19 feet long for each space.

SECTION 14. Section 9.08.040.190 (Waiver of Off -Street Parking Requirements) of Section

9.08.040 ( Single-Family Residential Development Standards) of Chapter 9.08 (Single -Family Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to delete the current text as follows (deletions in strikethrough text and additions shown in double underline).

§ 9.08.040.190 Waiver of Off-Street Parking RequirementsReserved.

A waiver of these parking standards may be applied for where the requirements of this section are insufficient or excessive due to the nature of the use involved, or other relevant circumstances. Said waiver shall be processed in accordance with Chapter 9.32.

SECTION 15. Subsection A of Section 9.12.020.050 (Special Operating Co nditions and Development Standards) of Section 9.12.020 ( Permitted Uses in the R -2 and R -2 Zones) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline.):

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

1. The minimum site area shall be one acre.

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

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

32. Limitations on lot coverage by buildings need not apply.

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

65. On interior lots, the required side yards may be used to provide off -street parking areas, and, on corner lots, the interior side yard may be similarly used.

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

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

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

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

1110. Requirement(s) of this subsection A may be waived by the Planning Commission upon a finding that the impacts of the project, as proposed, do not justify imposition of the requirement(s).

SECTION 16. Subsection L (Architectural Compatibility between New and Existing Units) of Section 9.12.040.040 (Special Requirements – Duplex and Triplex in R -2 and R -3 Zones) of Section 9.12.040 (Multifamily Residential Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline.):

L. Architectural Compatibility between New and Existing Units. If a development is designed to preserve any existing unit(s) on the property, the architectural style and building materials, including roof style and pitch, roofing material, trim detail around the eaves and windows, garage doors, exterior building colors, etc., shall be of the same architectural style and building materials of the existing unit(s). design features of the existing residential unit and each new residential unit, attached or detached addition, or accessory structure shall match one another, as provided below:

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

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

SECTION 17. Section 9.12.040.050 (Special Requirements – Multiple-Family Residential) of Section 9.12.040 (Multifamily Residential Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline.):

§ 9.12.040.050 Special Requirements – Multiple-Family Residential …

D. Laundry Facilities. All multiple -family residential units shall have a laundry space located within the unit or within the private garage for that unit that is equipped with washer and dryer hook -ups. If the laundry facilities are located within the enclos ed garage, the laundry equipment shall not encroach into the required interior garage parking area of 20

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feet by 20 feet. In the case of apartments, common laundry facilities may be provided in lieu of private laundry facilities.

…

I. Outdoor and Indoor Uses and Activities —Private and Common Open /Recreational 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 open spaces, and common open /recreational spaces, or a combination thereof.

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

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

3. 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.

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

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

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

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

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

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

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

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

J. Private and Common Open/Recreational SpaceOpen Space, Recreation and Leisure Areas—Sites Over 14,400 Square Feet.

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

2. The combined usable private and common open /recreational 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 /recreational space requirement.

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

5. Up to 50% of the Indoor common open/recreational area s may be counted provided up to 50% of the as indoor common open /recreational space/recreational area requirements.

6. Private Open Space.

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

b. Private open space in the form of a patio, yard, balcony, immediately adjacent deck, or combination thereof meeting the minimum siz e requirements shall contribute to the required combined private and

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common open/recreational space areas. and Private open spaces shall meet the following dimensions: A minimum of 60 square feet in area with a minimum horizontal dimension of six feet in a ny direction and a minimum vertical clearance of eight feet.

7. Common Open/Recreational Space/Recreational Area.

a. Common open /recreational spaces, whether indoors or outdoors, and indoor recreational areas shall be connected to habitable areas via a pathway, paseo, walkway, trail system, or similar pedestrian access.

Common open /recreational spaces and indoor recreational uses shall not be connected to habitable areas via a vehicular driveway or path.

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

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

Table of Common Open/Recreational Area Requirements

Net Lot Area Minimum Total Square Feet for
Active Common
Open/Recreation Areas

14,400 to 26,999 sf 900
27,000 to 39,599 sf 1,225
39,600 to 49,999 sf 1,600
50,000 to 69,999 sf 2,500
70,000 to 95,999 sf 3,600
96,000 to 199,999
sf
5,625
200,000 or more sf 9,025

d. Active Common Open Space/Recreation Area Amenities. Common open space/recreation areas, whether indoors or outdoors, and whether

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passive or active, shall be designed to provide specific amenities as described shown in the table below.

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

i. Size and shape of active recreation area;

ii. Location and placement of buildings;

iii. Diversity of recreational amenities; and

iv. Number of units and/or lot size.

Multifamily Residential Development Active Common Open/Recreational Amenity Standards
Number of
Units
Base Amenity Type and
Minimum Size
Additive Amenity
Ratio
0-5 Barbeque with Table
Seating
1 barbecue and 2
tables per 10 units,
but at least 1 in all
cases, an additional
1 barbecue and 1
table at every

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multiple of 20 units
thereafter
Up to 10 Community Garden Area –
32 sf minimum
8 sf/4 units
Up to 15 Flexible Outdoor Active Use
Area – 400 sf minimum
50 sf/unit
Up to 20 Provide One of Two:
• Business Center with
Workstations – 2 minimum
• Indoor or Outdoor
Gym/Sport Facility – 250 sf
minimum

• 1 Workstation/8
Units

• 5 sf/1 Unit
Up to 35 Provide Two of Three:
• Business Center with
Workstations 2 minimum
• Indoor or Outdoor
Gym/Sport Facility – 250 sf
minimum
• Clubhouse with 400 sf
kitchen – 400 sf minimum

• 1 Workstation/8
Units

• 5 sf/1 Unit

• 5 sf/1 Unit
Up to 45 One In-Ground Outdoor or
Indoor Spa
• 1 – 64 sf Spa at
645 Units
• 2 – 36 sf Spas at
80 Units
• 2 – 64 sf Spas at
100 Units
• 1.5sf Increase/1
Unit > 100 Units
Up to 80 Provide One of Two:
• In-Ground Pool – 20,00
gallon minimum 500 sf
minimum
• 1Children's Play Area1 –
500 sf minimum

• 10 sf/1 Unit

• 510 sf/1 Unit
Up to 100+ One additional amenity from
the list not otherwise
provided
Same Rates for All
Apply

Notes:

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

2. Allows Wellness Facility Substitution for 55+ Age Restricted Development.

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

1. Pathways;

2. Benches/Tables;

3. Raised landscaped beds;

4. Gazebo or similar shade structure;

5. Community garden;

6. Outdoor game feature;

7. Water fountains or other water features.

8. Pet waste/care stations

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

9. Pool pump and similar mechanical equipment shall not be located immediately adjacent to any abutting R-1 single-family residential property line s, 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 /Recreational Spaces. The subject active common open /recreational spaces may be located within side and rear setbacks, and building separation areas. Within any common open/recreational spaces that abuts a property line(s) or on-site building(s), a minimum three-foot separation shall be provided to said property line(s) or building(s). shall have a minimum dimension as shown in the Table of Recreational Area Requirements, according to the net lot area. For example, if the minimum open space dimension of 40 feet is required, then three feet must be added to that minimum dimension for every side adjacent to the above-mentioned structures.

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

a. 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.
…

SECTION 18. Subsection B (Wall, Fence or Hedge May Be Maintained) of Section 9.12.040.140 (Walls, Fences and Hedges) of Section 9.12.040 ( Multifamily Residential Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Co de is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

B. Wall, Fence or Hedge May Be Maintained.
…

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.

…

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13. Any walls or fences facing a street or alley shall include clinging vines, low shrubs, or other landscaping treatment to deter graffiti.

SECTION 19. Subsection A of Section 9.12.040.200 (Location of Parking Spaces) of Section

9.12.040 (Multifamily Residential Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

A. All required open parking spaces and garages shall be located on the same building site or within the same development. Notwithstanding the foregoing, two or more legal entities may submit a shared parking agreement to the City pursuant to California Government Code Section 65863.1 to allow the sharing of underutilized parking spaces on different sites and/or for different uses. The provisions set forth in Section

9.18.140.050.C shall apply to any such shared parking agreements.

SECTION 20. Section 9.12.040.220 (Waiver of Off -Street Parking Requirements) of Section

9.12.040 (Multifamily Residential Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to delete th e current text as follows (deletions in strikethrough text and additions shown in double underline).

§ 9.12.040.220 Waiver of Off-Street Parking RequirementsReserved.

9.32. SECTION 21. Subparagraph c. of Paragraph 2 (Overall Standards) of Subsection C (Development Standards) of Section 9.12.050.010 (Single Room Occupancy Use Regulations and Development Standards) of Section 9.12.050 (Single Room Occupancy Use Regulations and Development Standards) of Chapter 9.12 (Multifamily Residential Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

2. Overall Standards.
…

c. Parking shall be provided at a minimum ratio of one-half0.5 spaces per unit designated as single occupancy and one-eighth0.8 spaces per unit designated as double occupancy, plus one space for each employee on shift and one space for the on-site manager unit provided. …

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SECTION 22. Table 1 (City of Garden Grove Land Use Matrix) of Section 9.16.020.030 (Uses Permitted) of Section 9.16.020 (Permitted Uses in Commercial, Office Professional, Industrial, and Open Space) Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to read as follows:

Table 1
City of Garden Grove Land Use Matrix

O-P C-1 C-2 C-3 M-1 M-P O-S Additional
Regulations and
Comments

COMMERCIAL
Residential Care Uses
Child Day Care Center — C C — — — —
Community Care Facility,
Residential (7 Persons or
More)
C C — — — — —
Emergency Shelter
(Homeless)
— — — — P — — See Section

9.16.020.050.W
Intermediate Care Facility C C — — — — —
Low-Barrier Navigation Center P1
Residential Care Facility for
the Elderly (RCFE) (7 persons
or more)
C C — — — — —
Skilled Nursing Facility C C — — — — -
Offices and Related Uses
Administration/Business P P P — — — —
Banks/Financial Institution P P P P P — —
Medical, Dental and Related
Health Service Support
Facilities
P P P — C — —
Prescription Pharmacy P P P P — — —
Professional and Clerical P P P — — — —
Public Utility (Commercial) P P P P P — —
Professional Studios
Art, Music and Dance P P P — — — —
Arts and Crafts P P P — — — — See Section

9.16.020.050.D
Photography P P P — — — —
Portrait P P P — — — —
Radio/TV C C C C C — —
Recording C C C C C — —
Personal Service

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Athletic and Health Clubs,
Gyms
— C C C — — C
Athletic and Health Clubs,
Spas, or Gyms with Massage
— — C — — — — See Section

9.16.020.050.E
Barber/Beauty Shop P P P P — — —
Dry Cleaning - Retail Only — P P P — — — See Section

9.16.020.050.R
Fortunetelling — — P P — — — See Section

9.16.020.050.AC
Laundromat (Coin-op) — P P P — — —
Massage Establishment — — C — — — — See Section

9.16.020.050.AP
Physical Therapy (Medical
Use)
P P P — C — —
Shoe Repair — P P — — — —
Tailor/Dressmaking — P P — — — —
Tanning Parlor — P P — — — —
Tattoo, Facial I I P — — — —
Tattoo, General — — P — — — —
Tourist Services
Extended-Stay Business Hotel — C C — — — — See Section

9.16.020.050.Z
Hotel, Motel — C C C C — — See Section

9.16.020.050.AJ
Recreation Vehicle Park — C C — — — —
Ticket Agency — P P P P — —
Travel Agency — P P P P — —
Recreation, Amusement, Entertainment
Adult Entertainment — — C — — — — See Section

9.16.020.050.A
Arcades — — C — — — — See Section

9.16.020.050.C
Billiards/Pool Hall — — C — — — — See Section

9.16.020.050.I
Bowling Alley — — C C — — —
Cybercafés — C C C — — — See Section

9.16.020.050.P
Golf Courses (Regulation) — C C C — — C See Section

9.16.020.050.AE
Golf Driving Ranges — C C C — — C See Section

9.16.020.050.AF
Incidental Amusement
Devices
— I I I I — — See Section

9.16.020.050.C

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Indoor Sports Facility — — — — — C — See Section

9.16.020.050.AL
Movie Theaters — C C — — — —
Private Clubs and Lodges — C C — — — C
Skating Rinks — — C C — — —
Tennis, Swimming Clubs — C C C — — C
Water Oriented Parks — — — C — — C See Section

9.16.020.050.BK
Retail Trade
Antique Shops — P P — — — —
Apparel: Clothing, Shoes and
Accessories
— P P — — — —
Auctions — — — P P — P
Books, Magazines,
Newsstand (in building)
I P P P — — —
Building Supply, Plumbing
Shop
— — P P P — —
Department Stores — P P P — — —
Drug Stores P P P P — — —
Florists I P P P — — —
Furniture, Carpets, Household
Appliances
— P P P — — —
Gifts and Souvenirs I P P I I — —
Hardware, Paint — P P P — — —
Hobby Shop — P P — — — —
Indoor Multi-Tenant Retail
Shopping Center
— C C C — — — See Section

9.16.020.050.AK
Jewelry, Cameras and
Supplies, Luggage
— P P — — — —
Nonvehicular Vending, Long
term
— C C — — — —
Nurseries — P P P — — —
Pawnshop, Secondhand Store — — P P — — —
Pets and Pet Supplies — P* P* — — — — See Section

9.16.020.050.AY
Sporting Goods — P P P — — —
Stationery and Office Supplies
- No Furniture
P P P — — — —
Thrift Retail Stores — P P P — — —

Toys — P P P — — —
Variety, Dry Goods Stores — P P — — — —
Food/Drink Sales and Service

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Bar/Nightclub — — C C — — — See Section

9.16.020.050.H
Candy, Confectionery — P P P — — —
Convenience, Grocery — P P P — — — See Section

9.16.020.050.M
Delicatessen — P P P C C — See Section

9.16.020.050.Q
Eating
Establishment/Restaurant

With Alcoholic Beverage
Sales
— C C C C C — See Section

9.16.020.050.T
No Alcoholic Beverage Sales — P P P P P —
Eating
Establishment/Restaurant
With Entertainment
— C C C — — — See Section

9.16.020.050.U
For C-1 Zone,
see Section

9.16.020.050.X
Eating
Establishment/Restaurants
with Outdoor Seating
— P P P P P — See Section

9.16.020.050.V
Food Catering — I I P P — — See Section

9.16.020.050.AA
Ice Cream, Bakery (retail only) — P P P — — —
Liquor Store — C C — — — — See Section

9.16.020.050.AN
Meat Market — P P P — — — See Section

9.16.020.050.AQ
Mini-Market with Gas — C C C — — — See Section

9.16.020.050.AR
Supermarket — C P P — — — See Section

9.16.020.050.BE
Vehicle Sales and Service
Auto Parts, Accessories
No Installations — P P P — — —
Installations — — P P — — —
Auto Lease/Rental — — P P — — —
Auto Repair (including paint or
body work)
— — C P P P — See Section

9.16.020.050.F
Automatic Car Wash — — C C — — — See Section

9.16.020.050.G
Bicycle Repair — P P P — — —
Bicycle Sales/Rental — P P — — — —
Boat Repair — — — C C — —

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Boat Sales — — — C C — — See Section

9.16.020.050.J
Bus/Truck Repair — — — C P — —
General Auto Repair — — P P P — —
Minor Auto Maintenance — C P P P — —
Motorcycle Sales — — — — C* — — See Section

9.16.020.050.AU
Motor Vehicle Sales (New) — — C C — — — See Section

9.16.020.050.AV
Motor Vehicle Sales (Used) — — C C — — — See Section

9.16.020.050.AV
Self-Service or Coin-Operated
Car Wash
— C C C — — — See Section

9.16.020.050.BA
Service Stations (new and
conversion of existing)
— C C C C — — See Section

9.16.020.050.BB
Tire Sales and Service — C P P P — —
Truck, Trailer Rental — I I P P — — See Section

9.16.020.050.BF
Vehicle Storage Yard — — — C C — C See Section

9.16.020.050.BH
Other Services
Ambulance Service C — C C — — — See Section

9.16.020.050.B
Blueprint/Photo Engraving,
Newspaper Printing
— — P P P — —
Cleaning/Dyeing Plant — — — — P — —
Commercial Laundry — — — P C — —
Crematoriums — — — C C C — See Section

9.16.020.050.N
Crematoriums with Incidental
Funeral Home/Mortuary
— — — C C C — See Section

9.16.020.050.O
Day Care Facility, Adult — C — — — — —
Equipment Rental — — P P P — — See Section

9.16.020.050.Y
Funeral Home/Mortuary with
No Crematorium
— — P P — — — See Section

9.16.020.050.AD
Glass Studio — — P P P — —
Graphic Arts/Photocopying P P P P P P — See Section

9.16.020.050.AG
Home Improvement Center — — P P P C — See Section

9.16.020.050.AH
Kennel — — — P P — — See Section

9.16.020.050.AM

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Neighborhood Recycling
Center
— I I I — — —
Parking Facilities (For Fee) C C C C C C — See Section

9.16.020.050.AW
Pet Grooming — P P — — — — See Section

9.16.020.050.AX
Public Scales — — — — P — —
Small Animal
Hospital/Veterinary
— C P P P — — See Section

9.16.020.050.BC
Smoking Lounge — — C C — — — See Section

9.16.020.050.BD
Upholstery — — P P P — — See Section

9.16.020.050.BG

INDUSTRIAL
Manufacturing
Bottling Plant — — — — P — —
Food Products, Dairy
Products, and Bakery
Products
— — — — P P — See Section

9.16.020.050.AB
Manufacture, Assembly, and
Repair of Precision Optics,
Electronics, and Electrical
Instruments and Equipment
— — — — P P —
Manufacture, Assembly,
Compounding, or Treatment
of Materials and Products,
Except as Otherwise Listed
— — — — P P —
Laboratories, Chemical,
Dental, Electrical, Optical,
Mechanical, and Medical
— — — — — P —
Light Manufacture — — — — P P -
Storage
Contractors Storage Yards — — — C C C —
Frozen Food Lockers — — — P P — —
Lumber Yards and Material
Storage Yards
— — — C C C —
Parcel Delivery Service — — P P P P —
Regional Recycling Center — — — — C C —
Warehouses and Storage
Buildings, Regular
— — — — P P — See Section

9.16.020.050.BI
Warehouses and Storage
Buildings, Mini
— — — P P P — See Section

9.16.020.050.BJ
Transit/Transportation
Airport/Helistop — — — C C C C

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Automobile Fleet Storage — — — C P — —
Draying, Freight or Trucking
Yards
— — — — C C —
Tire Retreading or Recapping — — — — P — —
Trailer, Truck or Bus Terminal — — — — C — —

PUBLIC AND SEMI-PUBLIC
Cemetery — — — — — — C
Church and Other Religious
Centers
— C C — — — C See Section

9.16.020.050.K
Commercial Radio/TV Towers C C C C — — C See Section

9.16.020.050.L
Educational Institutions — — — — — — C See Section

9.16.020.050.S
Group Shelter — — — — — — C
Half-way House — — — — — — —
Hospital, Medical or
Psychiatric
C C C C — — —
Public Buildings (Civic Center,
Library, County, State or
Federal)

C C C C C C C
Public Recreational Facilities — — — — — — P
Public Safety Facilities (Fire,
Police)

C C C C C C C
Public Utility Stations and
Equipment Buildings

C C C C P C C
Religious School — — — — — — C
Trade, Business School — C C C — — —

SECTION 23. Subsection K (Churches, other religious centers, and other authorized assembly uses in residential zones and open space zones) of Section 9.16.020.050 (Special Operating Conditions and Development Standards) of Section 9.16.020 (Permitted Uses in Commercial, Office Professional, Industrial, and Open Space) of Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space D evelopment Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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

1. The minimum site area shall be one acre.

21. The depth of the required front yard for churches, sanctuaries, or main

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

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

32. Limitations on lot coverage by buildings need not apply.

65. On interior lots, the required side yards may be used to provide off -street parking areas, and, on corner lots, the interior side yard may be similarly used.

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

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

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not less than 36 feet. All bounding streets and/or alleys shall be improved to the dimensions indicated on any adopted specified plans therefor, and to the City's specifications pertaining to materials, design and construction. Where no specific plan for street alignment or wi dths have been adopted and boundary streets or alleys do not conform to prescribed minimum requirements, the plan shall be submitted to the Planning Commission to initiate proceedings and adoption of a specific plan to define boundary streets and alleys th at will conform to prescribed minimums.

1110. Requirement(s) of this subsection A may be waived by the Planning Commission upon a finding that the impacts of the project, as proposed, do not justify imposition of the requirement(s).

SECTION 24. Subsection V (Eating Establishment/Restaurant with Outdoor Seating) of Section

9.16.020.050 (Special Operating Conditions and Development Standards) of Section 9.16.020 (Permitted Uses in Commercial, Office Professional, Industrial, and Open Space) of Chapter

9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to revise Paragraph 2 and add a new Paragraph 7 as follows (deletions in strikethrough text and additions shown in double underline):

V. Eating Establishment/Restaurant with Outdoor Seating.

…

2. Design. Outdoor dining areas shall be open on at least three sides , and open to the sky. Non-fixed umbrellas and awnings and canopies that accent the building are permitted. Side panels or any other accessories that enclose the outdoor dining area are prohibited.

…

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

SECTION 25. The table set forth in Paragraph 1 (Lot Dimensions and Setbacks) of Subsection A (Standard Regulations) of Section 9.16.040.010 (Commercial/Office – General Requirements) of Section 9.16.040 (Commercial/Office , Industrial Development Standards) of Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title

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9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Standard Regulations.

1. Lot Dimensions and Setbacks.

O-P C-1 C-2 C-3
Lot Area 15,000 sq. ft. 15,000 sq. ft. 15,000 sq. ft. 20,000 sq. ft.

Lot Width 75 ft. 75 ft. 75 ft. 75 ft.

Building
Height
2 stories or 35
ft. max.
2 stories or 35
ft. max.
3 stories or 35 ft.
max.
3 stories or 35 ft.
max.

Setbacks (Interior Lot)
Front 15 ft. 15 ft. 15 ft. 15 ft.

Side 10 ft. 0 ft. 0 ft. 0 ft.

Rear 5 ft. 5 ft. 5 ft. 5 ft.

Setbacks (Corner Lot)
Front 15 ft. 15 ft. 15 ft. 15 ft.

Interior Side 10 ft. 0 ft. 0 ft. 0 ft.

Side Street 10 ft. 10 ft. 10 ft. 10 ft.

Rear 10 ft. 10 ft. 10 ft. 10 ft.

Setbacks (Reverse Corner)
Front 15 ft. 15 ft. 15 ft. 15 ft.

Interior Side 10 ft. 0 ft. 0 ft. 0 ft.

Side Street 10 ft. 10 ft. 10 ft. 10 ft.

Rear 10 ft. 10 ft. 10 ft. 10 ft.

Maximum
Floor Area
Ratio (F.A.R.)

See Land Use Element of the General Plan

SECTION 26. Section 9.16.040.030 (Industrial -General Requirements) of Section 9.16.040 (Commercial/Office, Industrial Development Standards) of Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Standard Regulations.

1. Lot Dimensions, Setbacks, and Building Height.

M-1 M-P
Lot Area 15,000 sq. ft. 15,000 sq. ft.

Building Height 35 ft. max. 35 ft. max.

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M-1 M-P
Setbacks (Interior Lot)
Front 15 ft. 15 ft.

Side 0 ft. 0 ft.

Rear 0 ft. 0 ft.

Setbacks (Corner Lot)
Front 15 ft. 15 ft.

Interior Side 0 ft. 0 ft.

Side Street 10 ft. 10 ft.

Rear 0 ft. 0 ft.

Setbacks (Reverse Corner)
Front 15 ft. 15 ft.

Interior Side 0 ft. 0 ft.

Side Street 10 ft. 10 ft.

Rear 0 ft. 0 ft.

Maximum Floor Area
Ratio (F.A.R.)
See Land Use Element of the General Plan

2. Setbacks Required When Industrial Lot Abuts a Residential Lot.

M-1 M-P
Interior Lot Abutting any "R" (Residential) zoned property or any PUD established exclusively for residential use
Side Setback 10 ft. 10 ft.

Rear Setback 10 ft. 10 ft.

Corner and Reverse Lots Abutting any "R" (Residential) zoned property or any PUD established exclusively for residential use
Side Setback 10 ft. 10 ft.

Rear Setback 10 ft. 10 ft.

AB. Lot Area Regulations.

1. Minimum Lot Area. For any newly created or rezoned M -1 (limited industrial) and M-P (industrial park) lot, the minimum lot area shall be 15,000 square feet.

21. Lot Area Shall Not be Reduced. No lot area shall be reduced or diminished so that building setbacks shall be less than prescribed for the zone in which it is located.

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32. Substandard Lots. When a lot has less than the minimum required area or width as set forth in the development standards of the M-1 (limited industrial) and M- P (industrial park), or in a site plan of record on November 12, 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.

BC.Setbacks Regulations. Except as specified in Section 9.1 6.040.020, every required setback shall be open and unobstructed from the ground to the sky.

1. No setback provided around any building for the purpose of complying with the provisions of this section shall be considered as providing a setback for any other building.

2. All building setbacks shall be measured from ultimate street right-of-way.

CD.Building Height Provisions Height of Roof Structures, Towers, Spires, and Unique Structures.

1. Maximum Building Height.

No building in the M -1 (limited industrial) and M-P (industrial park) zone shall exceed a height of 35 feet.

21. Height of Roof Structures, Towers, Spires, and Unique Structures. a. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building are permitted to the extent necessary to ensure safe and proper operation of such equipment, but in no case shall they exceed 50 feet.

b2. Fire or parapet walls, skylights, towers, flagpoles, chimneys, smokes tacks, radio masts and similar structures may be erected above the height limits prescribed.

c3. No roof structure or any space above the height limit prescribed for the zone and the area district in which the building is located shall be allowed for the purpose of providing additional usable floor space.

SECTION 27. Paragraph 10 of Subsection B of Section 9.16.040.120 (Walls, Fences and Hedges) of Section 9.16.040 (Commercial/Office, Industrial Development Standards) of Chapter

9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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10. A wall or fence not exceeding eight feet in height may be constructed along that portion of a lot or parcel that abuts a freeway right -of-way; provided that said wall or fence does not extend into any front yard.:

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.

SECTION 28. Section 9.16.040.150 (Parking Spaces Required) of Section 9.16.040 (Commercial/Office, Industrial Development Standards) of Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.16.040.150 Parking Spaces Required.

The number of off-street parking spaces required shall be no less than as set forth in the following schedule. Parking shall be calculated by the maximum building occupancy and/or the gross floor area, as applicable. Where the application of these schedules results in a fractional space, then the resulting fraction shall be rounded up to the higher whole number.

USE REQUIRED MINIMUM PARKING SPACES
A. Residential Uses

1. Preschool/daycare, Child or
Adult
1 space per care provider and staff member
plus, 1 space for each 6 children/patrons

2. Emergency Shelter
(Homeless)
1 space per 4 beds and/or 0.5 per family
unit bedroom, plus 1 per staff member

3. Intermediate Care Facility

0.5 spaces per bed

4. Residential Care Facility for
the Elderly (7 persons or more)

0.5 spaces per bed

5. Skilled Nursing Facility 0.5 spaces per bed
B. Commercial Uses
… …

2. Eating/Drinking
Establishments—Restaurants,
Cafés, Cafeterias, Lounges,
Bars

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… …
e. Outdoor dining (See Section

9.16.020.050 for Special
Operating Conditions)
No additional parking required for the first
500 square feet of outdoor dining area. For
any area in excess of 500 square feet,
parking shall be provided as required above
for the applicable use1 parking space shall
be provided per 100 sq. ft. of gross floor
area. Where dining areas are enclosed on
at least three sides, all parking shall be
provided as required for the above
applicable use.
… …

8. Professional studio
… …
c. Karaoke studios 1 space per 200 sq. ft. of gross floor area … …
C. Office
… …

3. Veterinarian/Pet Hospital 1 space per 170 sq. ft. of gross floor area … …

SECTION 29. Section 9.16.040.170 (Location of Parking Spaces) of Section 9.16.040 (Commercial/Office, Industrial Development Standards) of Chapter 9.16 (Commercial, Office Professional, Industrial, and Open Space Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.16.040.170 Location of Parking Spaces.

A. All required open parking spaces and garages shall be located on the same building site or within the same development.

1. Off-site parking for new uses or new construction shall only be permitted with the approval of a parking management plan in accordance with Section

9.16.040.180 or the approval of a shared parking agreement pursuant to California Government Code Section 65863.1 to allow the sharing of underutilized parking spaces on different sites and/or for different uses. The provisions set forth in Section 9.18.140.050.C shall apply to any proposed shared parking agreements submitted pursuant to California Government Code Section 65863.1.

2. If an irrevo cable access and/or parking easement is obtained on another site for use and benefit of the site in issue, and such access and/or parking agreement, when fully exercised, does not diminish the available parking capacity of the site subject to the easement to less than required by this section,

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and a parking management plan is approved, the parking may be on an adjacent site.

B. All off-street open and enclosed parking spaces shall be located and maintained so as to be accessible and usable for the parking of motor vehicles.

1. Off-street parking spaces shall not be located in any required setback.

2. All motor vehicles, trailers, vessels, campers and camper shells must be parked or stored on a fully paved surface with approved entrances and exits to the street.

3. For projects approved and developed after April 25, 1991, where security gates are proposed to be provided, 7010% of the guest parking spaces shall be located outside the secured area.

SECTION 30. Table 9.18-1 (Use Regulations for the Mixed Use Zones) of Section 9.18.020.030 (Uses Restricted to Indoor) of Section 9.18.020 (Uses Permitted) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

Table 9.18-1
Use Regulations for the Mixed Use Zones
P = Permitted. Use permitted by right
C = Conditional Use. Use eligible for consideration under the conditional use procedures and permitted only if the conditional use permit is approved, subject to the specific conditions of such permit.

I = Incidental Use. Use permitted only if incidental to another primary use on the same site. If incidental to a use authorized by a conditional use permit, such incidental use is permitted only if included within the terms of the conditional use permit.
[-] = Not a permitted use.

Permitted
Uses
GGMU-
1, -2, -3
CC-
1 CC-
2 CC-
3 CC-
OS
NMU AR Additional
Regulations
and
Comments
…
Commercial/Office
Offices and Related Uses
… … … … … … … … …
Banks/ P P P P[-] [-] P P

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Financial
Institution

… … … … … … … … …
Personal/Service
… … … … … … … … …
Fortunetelling P [-] [-] [-] [-] CP - See Section

9.18.030.190
(Fortunetelling)
… … … … … … … … …
Tattoo,
General
C [-]

[-] [-] [-] C C In all GGMU
zones, no tattoo
parlor shall be
located closer
than 1,000 feet
from any other
tattoo parlor.

Also, the
entrance shall
be oriented only
toward a
principal, major,
or primary
arterial street,
as defined in
the General
Plan Circulation
Element.
… … … … … … … … …
Retail Trade See Section 9.18.060 (Alcohol Beverage Sales) regarding on-sale and off-sale of alcohol.
… … … … … … … … …
Stationery
and Office
Supplies - No
Furniture
P P P P [-] P [-]
Thrift Retail
Store
P P P P [-] P P
Toys P P P P [-] P [-]
… … … … … … … … …

SECTION 31. Subsection A of Section 9.18.030.040 (Arcades and Incidental Amusement Devices) Section 9.18.030 (Specific Uses – Special Operating Conditions and Development Standards) o f Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9

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(Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Arcades as the Principal Use.

1. Arcades shall not be permitted in any location that would tend to produce a hazard or nuisance to adjacent properties and/or permitted uses and activities.

2. With the exception of emergency access, all pedestrian and vehicular access to an arcade shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, or Brookhurst Street.

Access via a secondary arterial or local residential street shall be prohibited.

Arterials and local residential streets are defined in the City's General Plan Circulation Element.

32. Arcades shall be located at least 600 feet from any school, adult entertainment business, or other arcade, and at least 200 feet from any property zoned for residential use or containing a residential use, or any bar or nightclub. Within a residential/commercial mixed use development, an applicant for an arcade may request a waiver of these distance requirements as part of the conditional use permit process, provided that the establishment complies with all other distance and pedestrian and vehicular access requirements of this code.

43. Doors of the establishment shall be kept closed at all times during operation of the establishment, except in the case of emergency or to permit deliveries.

54. The interior of arcades shall be arranged in a manner that all amusement devices and public spaces can be viewed from a single supervisory or cashier station.

65. A responsible adult employee shall be on duty throughout the hours that such establishment is open for business.

SECTION 32. Section 9.18.030.120 (Churches and Other Religious Centers) of Section

9.18.030 (Specific Uses – Special Operating Conditions and Development Standards) of Chapter

9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline:

§ 9.18.030.120 Churches and Other Religious Centers , and Other Authorized Assembly Uses.

The following regulations shall apply:

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A .Minimum Site Area. In the CC -1 zone, the minimum site area for a new church or other religious center use shall be one acre.

BA. Front Yard Setback—Primary Use Buildings. The depth of the required front yard for churches, sanctuaries, or main assembly buildings shall be 40 feet when entrances are located in the front of the building. However, when building entrances do not face the front yard, the main structure shall be required to provide only a front yard setback specified in the zone in which the building is located.

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

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

ED. Proximity to Property Lines. Main buildings and structures on the site shall not be closer than 25 feet to any property line that is a common property line with "R" zoned property, except that accessory buildings and structures shall maintain a side yard of 10 feet, with five feet added at ground level for each additional story over the first.

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

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

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

SECTION 33. Section 9.18.030.300 (Outdoor Dining at Eating Establishment/Restaurant) o f Section 9.18.030 (Specific Uses – Special Operating Conditions and Development Standards) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline).

§ 9.18.030.300 Outdoor Dining at Eating Establishment/Restaurant.

…

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B. Design. Outdoor dining areas shall be open on at least three sides and open to the sky, with the exception that non-fixed umbrellas and awnings and canopies that accent the building are permitted . Side panels or any other accessories that enclose the outdoor dining area are prohibited.
…

H. Parking. See Section 9.18.140 .030, Table 9.18 -11 (Required Spaces) for parking requirements for outdoor dining areas.

SECTION 34. Subsection F (Boulevard Garden Plaza Requirement) of Section 9.18.090.020 (Garden Grove Boulevard Mixed Use Zone (GGMU) Development Standards) of Section

9.18.090 (Development Standards Specific to Individual Mixed Use Zones) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and add itions shown in double underline):
…

F. Boulevard Garden Plaza Requirement. For projects having a property line that abuts the Garden Grove Boulevard right-of-way and where the buildings are clearly oriented immediately toward Garden Grove Boulevard, a boulevard garden plaza shall be provided. N ew stand -alone multiple -family residential development with no commercial component, in the Garden Grove Boulevard Mixed Use (GGMU) zone, is only permitted on sites that do not have access to a principal, major, primary, or secondary arterial street, and are not required to include a pedestrian plaza area. The purpose of this boulevard garden plaza is to provide a place adjacent to the public right-of-way that expands the area for use by pedestrians for passive recreation and public gathering, and that provides area for landscape amenities, display of public art, and similar uses that enhance the appearance and function of development. This boulevard garden plaza shall be provided at grade and shall comply with the following design standards.
…

SECTION 35. Subsection H (Additional Residential Unit Requirements) of Section 9.18.110.030 (Development Standards for Multifamily Residential Uses within All Mixed Use Zones) of Section

9.18.110 (Development Standards for Specific Uses in Mixed Use Zones) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

H. Additional Residential Unit Requirements. Each residential unit in a multiple family development shall comply with the following requirements.

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1. Laundry Facilities. Each unit shall be provided with washer and dryer hookups and laundry space within the unit or garage. For apartment units, common laundry facilities may be provided in lieu of private facilities.

2. Storage Facilities. Each unit shall be provided with a separate storage area having a minimum of 150120 cubic feet of private and secure storage space.

This storage may be provided within the parking garage provided it does not interfere with garage use for automobile parking. Closet and cupboard space within the dwelling unit shall not count towards meeting this requirement.

SECTION 36. Section 9.18.110.050, entitled “Duplex and Triplex All Mixed Use Zones” is hereby added to Section 9.18.110 (Development Standards for Specific Uses in Mixed Use Zones) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code to read in its entirety as follows:

§ 9.18.110.050 Duplex and Triplex in Mixed Use Zones.

Two- or three-unit residential projects located in a mixed use zones shall comply with the development standards set forth in Section 9.12.040.040 (Special Requirements – Duplex and Triplex in the R-2 and R-3 Zones), provided, however, that such projects shall comply with the applicable setback standards for the zone in which they are located.

SECTION 37. Subsection G ( Freeway Right -of-Way Adjacent ) of Section 9.18.130.010 (Location and Height) of Section 9.18.130 (Walls, Fences, and Hedges) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of t he Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

G. Freeway Right-of-Way Adjacent. A wall or fence not exceeding eight feet in height may be constructed along that porti on of a lot or parcel that abuts a freeway right -of-way, provided that: said wall or fence does not extend into any front yard.

1. The wall or fence does not extend into any front yard.

2 .A wall or fence exceeding six feet in height shall be subject to the review and approval of the hearing body, which shall consider the effect of such wall or fence on other property in the vicinity.

3. Walls used for sound attenuation purposes along arterial roadways shall be attractive and subject to approval by the hearing body.

SECTION 38. Table 9.18 -11 (Required Parking Spaces) of Section 9.18.140.030 (Parking Spaces Required) of Section 9.18.140 (Parking) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline.):

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Table 9.18-11
Required Parking Spaces
Use Required Minimum Parking Spaces
…
Other Residential Uses and Uses Incidental to Residential Community care facility, residential
care facility (6 persons or fewer and 7
persons or more)

0.5 spaces per bed
Senior Citizen Housing
Apartment
Congregate general care
Congregate general care with on-site
transportation provided

1 space per unit

0.5 spaces per bed or unit

0.3 spaces per bed or unit
Day Care, Child or Adult 1 space per care provider and staff member, plus 1 space for each 6
children/patrons
Work-live 2 spaces per unit plus one additional
space per unit
Intermediate care facility 0.5 spaces per bed
Skilled nursing facility 0.5 spaces per bed
Commercial Uses
…
Restaurants, Eating, Drinking
Establishments, Cafes, Coffeehouses,
Bars

Attached 0-16 seats with less than
300 square feet of customer/dining
area

Attached 16+ seats

Freestanding

With entertainment

Outdoor Dining (See Section

9.18.030.300 for Special Operating

1 space per 200 square feet of gross floor
area

1 space per 100 square feet of gross floor
area, with a minimum of 10 spaces

1 space per 100 square feet of gross floor
area (seating and service), plus 1 space
per 35 square feet of entertainment area,
plus 1 space per 7 square feet of dance
floor

No additional parking required for the first
500 square feet of outdoor dining area.

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Conditions) For any area in excess of 500 square
feet, parking shall be provided as
required above for the applicable use 1
parking space shall be provided per 100
sq. ft. of gross floor area. Where outdoor
dining areas are enclosed on at least
three sides, all parking shall be provided
as required for the above applicable use.

…
Office Uses
General business offices General business offices
1 space per 250 square feet of gross
floor area
1 space per 250 square feet of gross
floor area
Small Animal Hospital/Veterinary/Dog
Day Care
1 space per 170 square feet of gross floor
area
…

SECTION 39. Paragraph 1 of Subsection B of S ection 9.18.140.040 (Location of Parking Spaces) of Section 9.18.140 (Parking) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

B. Compact Car Parking Spaces.

1. Up to 20% of the required commercial parking stalls may be compact parking spaces. The determination of the percentage to be allowed will be made through the site plan review or applicable discretionary permit review process. …

SECTION 40. Section 9.18.140.050 (Location of Parking Spaces) of Section 9.18.140 (Parking) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Located On-Site. All required open parking spaces and garages shall be located on the same building site or within the same development, except where allowed by Subsection 9.18.140.050.B (Off-Site Parking) or Subsection 9.18.140.050.C (Shared Parking Agreements for Underutilized Parking), below.

B. Off-Site Parking. Off-site parking for new uses or new construction may be permitted on either a privately owned property or public property through the site plan review

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process or other applicable discretionary review permit process for an individual use or development project.

1. Joint Use Off-Site Parking. Where more than one use is involved, joint use or shared parking shall require prepar ation of a parking management plan in accordance with Section 9.18.140.060 (Joint Use and Parking Management).

2. Location of Off -Site Parking. In no event shall any off -site parking facility be located more than 1,500 feet from the use it is intended to serve.

3. Deed Restriction Required. Where off -site parking for an individual use or development project is approved, a deed restriction, subject to the review and approval of the City Attorney, shall be recorded against all affected properties.

Such deed restriction shall indicate the restrictions on the properties relative to future use and development due to the off-site parking arrangement.

4. Irrevocable Access and/or Parking Easement. If parking is provided on a site other than the subject site, an irrevocable access and/or parking easement shall be obtained on the other site for use and benefit of the site in issue. Such access and/or parking agreement, when fully exercised, shall not diminish the available parking capacity of the site subject to the easement to less than required by this section.

C. Shared Parking Agreements for Underutilized Parking. Notwithstanding subsection B, two or more legal entities may submit a shared parking agreement to the City pursuant to California Government Code S ection 65863.1 to allow the sharing of underutilized parking spaces on different sites and/or for different uses pursuant to this subsection

9.18.140.050.C.

1. For purposes of this subsection, “underutilized parking” means parking where 20 percent or more of a development’s parking spaces are not occupied during the period that the parking is proposed to be shared by another user, group, development, or the public. The amount of underutilized parking on a site shall be determined through a parking study pr epared by a qualified transportation engineer in accordance with applicable City standards and requirements and which is based on a survey of actual parking space occupancy rates on the subject site at different periods throughout the twelve -month period preceding submittal of the proposed shared parking agreement.

2. Parking spaces identified in an approved shared parking agreement may count toward meeting the applicable on-site parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions:

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a. The entities that will share the parking are located on the same, or contiguous, parcels.

b. The sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route.

c. The sites of the entities that will share parking are separated by more than 2,000 feet of travel by the shortest walking route, but the shared parking agreement incorporates a plan for shuttles or other accommodations to move between the parking and site and an enforceable commitment to sustain such transportation
accommodations for the duration of the shared parking arrangement.

3. Entities proposing to share underutilized parking shall submit the following to the City:

a. A parking analysis using peer -reviewed methodologies developed by a professional planning association, such as the methodology established by the Urban Land Institute, National Parking Association, and the International Council of Shopping Centers, sufficient to determine the number of underutilized parking spaces can be reasonably shared between uses to fulfill parking requirements. The parking analysis shall be prepared by a qualified transportation engineer in accordance with applicable City standards and requirements.

b. A proposed shared parking agreement. The shared parking agreement shall be in a form approved by the City Attorney and shall (i) incorporate the submitted parking analysis and any recommendations contained therein; (ii) either require that all shared parking spaces proposed to be used by a development or use to meet applicable parking requirem ents be provided for the life of such development or use, or afford the City an unconditional right to review and approve the shared parking arrangement annually, or such longer period approved by the review authority; (iii) provide that the agreement may not be terminated or amended without the written approval of the City; (iv) provide that the City is a third party beneficiary of the agreement and shall have the power to enforce the terms of the agreement against each entity that is a party; and (v) be an enforceable covenant running with the land.

c. Information identifying the benefits of the proposed shared parking agreement.

4. For development projects involving new construction, a shared parking agreement for underutilized spaces shall be considere d by the appropriate review authority at the same time the project is considered. Where a shared

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parking agreement is proposed for the use of underutilized spaces by a new or existing use within an existing development, the shared parking agreement shall be subject to review by the Department Director. The review authority shall approve a shared parking agreement if (a) all of the requirements set forth in subsection C.3 are satisfied and (b) the required number of parking spaces (i) that are accessible t o persons with disabilities and (ii) the required percentage of parking spaces that are designated for electric vehicles that would have otherwise applied in the absence of the shared parking agreement will continue to be provided on all parcels subject to the shared parking agreement. Pursuant to California Government Code Section 65863.1, the review authority may neither (a) condition approval of a shared parking agreement on the curing of a preexisting deficit in the number of parking spaces or (b) withhold approval of a shared parking agreement solely on the basis that it will temporarily reduce or eliminate the availability of parking spaces for the original proposed uses.

5. A shared parking agreement approved by the City shall be recorded against each parcel on which parking spaces being shared with another use or site are located and each parcel on which a development or use that has the right to use the shared parking spaces from another use or site pursuant to the agreement. Proof of recordation of an approved shared parking agreement shall be provided to Department Director prior to implementation of the shared parking arrangement.

CD. Accessibility. All off -street open and enclosed parking spaces shall be located and maintained so as to be accessible and usable for the parking of motor vehicles.

1. All motor vehicles must be parked or stored on a fully paved surface with approved entrances and exits to the street.

2. For projects approved and developed after April 25, 1991, where security gates are proposed to be provided, 7010% of the guest parking spaces shall be located outside the secured area.

SECTION 41. Section 9.18.140.060 (Joint Use and Parking Management) of Section 9.18.140 (Parking) of Chapter 9.18 (Mixed Use Regulations and Development Standards) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.18.140.060 Joint Use and Parking Management.
…

G. Requirements for Approval. Where a shared parking facility serving more than one use will be provided, the total number of required parking spaces may be reduced only if the hearing body review authority finds that all of the following are met:

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1. The peak hours of use will not overlap or coincide to the degree that peak demand for parking spaces from all uses will be greater than the total supply of spaces;

2. The adequacy of the quantity and efficie ncy of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately;

3. A parking demand study prepared by an independent traffic engineering professional approved by the City supports the proposed reduction; and

4. The applicant has submitted, or is required as a condition of approval to submit, a signed contract between the applicant and the other property owner(s) providing the off -street parking spaces subject to the shared parking arrangement. The contract shall be subject to the approval of the hearing body review authority and shall also be subject to review by the City Attorney as to form and content.

H. Shared Parking Agreements for Underutilized Parking. Pursuant to California Government Code Section 65863.1, two or more separate legal entities may submit a shared parking agreement to the City to share underutilized parking spaces on different sites and/or for different uses. The provision s set forth in Section

9.18.140.050.C shall apply to any such shared parking agreements.

SECTION 42. Paragraph 11 (City Manager or Designee Review – Minor Deviations) of Subsection D (Land Use Action Procedures) of Section 9.32.030 (Land Use Actions) of Chapter

9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

11. City Manager or Designee Review—Minor Deviations.

a. Applicability. The City Manager or designee is vested with the following minor deviation land use permit and related authority:
…

xii. To make a determination as to 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.

…

d. Notice and Review.

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…

ii. Upon receipt of an application for a minor deviation, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 calendar days from the date the notice was sent out. A public hearing shall not be required. If the request is approved by the City Manager or designee, the planning staff shall transmit the City Manager or designee's notice of the decision, with any appropriate conditions of approval, to the applicant and to each Planning Commissioner. The decision of the City Manager or designee shall be final and binding unless an appeal is filed within seven calendar days from the date of the decision, or unless the application is called up for review by any member of the Planning Commission within seven calendar days from the date of the decision. The planning staff, upon receipt of a timely request for Planning Commission review, shall schedule the matter for Planning Commission review at its next available meeting.

…

SECTION 43. Paragraph 13 (Director’s Review – Duplex and Triplex) of Subsection D (Land Use Action Procedures) of Section 9.32.030 (Land Use Actions) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

13. Director's Review—Duplex and Triplex to read as follows:

…

e. Notice and Review

i. Upon receipt of an application for a duplex or triplex, a notice shall be sent to the adjoining property owners describing the nature of the request and advising that any comments should be submitted no later than 10 calendar days from the date the notice was sent out. A public hearing shall not be required.

…

v. The decision of the Department Director shall be final and binding unless an appeal is filed within 10 calendar days from the date of the decision or unless the application is called up to the Planning

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Commission for review by any member of the Planning
Commission or City Council within 10 calendar days from the date of the decision.

SECTION 44. Paragraph 14 (Main Street Outdoor Dining Permit for Outdoor Dining Areas in the Public Right-of-Way on Historic Main Street ) of Subsection D (Land Use Action Procedures) of Section 9.32.030 (Land Use Actions) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Gr ove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

14. Main Street Outdoor Dining Permit for Outdoor Dining Areas in the Public Right- of-Way on Historic Main Street.

…

d. Notice and Review.

i. Upon receipt of an application for a Main Street outdoor dining permit that is subject to review by the Department Director, a notice shall be sent to all owners of property with frontage on Historic Main Street between Acacia Parkway and Garden Grove Boulevard describing the nature of the request and advising that any comments sh ould be submitted no later than 10 calendar days from the date of the notice. If one or more property owners object to the application, the Director may refer review of the request to the Zoning Administrator or Planning Commission, where a public hearing will be noticed and held in accordance with the public hearing provisions of Chapter 9.32.

ii. The Planning staff shall transmit the Department Director's notice of the decision, with any appropriate conditions of approval, to the applicant. The decision of the Department Director shall be final and binding unless an appeal is filed within 10 calendar days from the date of the decision.
…

SECTION 45. Paragraph 15 (Requests for Reasonable Accommodation) of Subsection D (Land Use Action Procedures) of Section 9.32.030 (Land Use Actions) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

15. Requests for Reasonable Accommodation.

...

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e. Decision.

…

iii. The decision of the City Manager or designee shall be final unless appealed by the applicant to the City Council within 10 calendar days.

The procedures set forth in Section 2.60.060 of this Code shall apply to such appeals.
…

g. Effect of Approval; Revocation; Discontinuance.

…

ii. Revocation. After notice and an opportunity for hearing, the City Manager or designee may revoke any previously granted reasonable accommodation approval due to violations of any conditions of approval or laws in connection with use of the reasonable accommodation. The decision of the City Manager or designee to revoke a reasonable accommodation shall be final unless appealed by the applicant to the City Council within 10 calendar days. The procedures set forth in Section

2.60.060 of this code shall apply to such appeals.

iii. Discontinuance. A previously approved reasonable accommodation shall lapse and be deemed null and void if the exercise of rights granted by the reasonable accommodation is discontinued for 180 consecutive calendar days and/or if the individual or individuals with a disability on whose behalf an approved reasonable accommodation was requested vacate the premises, unless, following consideration of a new application in accordance with this section, the City Manager or designee determines that: (1) the modification is physically integrated into the residential structure such that it would be impractical to require the property to be ret urned to its previous condition; or (2) the accommodation is necessary to give another disabled individual an equal opportunity for use and enjoyment of the dwelling. The City Manager or designee may, at any time, request in writing the applicant or any successor- in-interest to the property subject to a previously approved reasonable accommodation to provide documentation demonstrating that the accommodation remains necessary to ensure the equal use and enjoyment of the property by an individual or individuals with a disability and/or continued compliance with the applicable conditions of approval. Failure to provide such documentation with 15 calendar days of the date of such request shall constitute evidence of discontinuance of the exercise of rights granted by the reasonable accommodation.

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SECTION 46. Section 9.32.060 (Notice of a Public Hearing) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Notice of any public hearing upon a proposed amendment to this title shall be given by at least one publication in a newspaper of general circulation, in the City not less than 10 dayscalendar days before the date of said public hearing s., pursuant to California Government Code Section 65090. Notwithstanding the foregoing sentence, notice of any public hearing upon a proposed amendment to this title which affects the uses of real property shal l be given pursuant to both California Government Code Section 65090 and California Government Code Section 65091, in the same manner as notice for public hearings of application for other land use actions as provided in subsection (B), except that the not ice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 calendar days before the hearing.

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B. Any All applications for other land use actions application not provided for this title and requiring a public hearing shall be noticed in the following way s, pursuant to Government Code Section 65091:

1. A written notice shall be either (a) published in at least one newspaper of general circulation in the City not less than 10 calendar days before the date of such hearing or (b) posted at least 10 calendar days before the date of such hearing in at least three places within the boundaries of the City, including one place in the area directly affected by the proceeding.

12. A written notice shall be mailed or delivered not less than 10 calendar days prior to the date of such hearing to the applicant, the owner or owners of the real property that is the subject of the hearing, and the last known address of all the owner or owners of the property located within not less than a 300-foot radius of the exterior boundaries of the subject property, as indicated on the latest available assessment roll , or in the records of the county assessor or tax collector which contain more recent information than the assessment roll. s in the City Hall; or If the number of owners to whom notice would be mailed or delivered is greater than 1,000, in lieu of mailed or delivered notice, notice may be provided by placing a display advertisement of at least one -eighth page in at least one newspaper of general circulation in the City at least 10 calendar days prior to the hearing. If a written notice is mailed or delivered to property owners pursuant to this subsection, said notice shall also be mailed to all residential tenants of property located within not less than a 300 -foot radius of the exterior boundaries of the subject property.

2. A written notice shall be mailed or delivered to the owner or owners of subject property and to the applicant if he or she be a person other than the owner of this property not less than 10 days days prior to the date of hearing on any type of publication;

3. A written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. If notice is required to be given by the Subdivision Map Act, a written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to any owner of a m ineral right pertaining to the real property subject to the hearing who has recorded a notice of intent to preserve the mineral right under California Civil Code Section 883.230.

5. A written notice shall be mailed or delivered not less than 10 calendar days prior to the hearing to any person who has filed or renewed a written request for

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notice with the city clerk within the same calendar year pursuant to Government Code Section 65092 and has paid the required fee.

C. Time of a Public Hearing. The secretary of the Planning Commission shall set land use hearings before the Planning Commission or the Zoning Administrator as provided by this chapter. The date of the public hearings shall be not less than 10 days nor more than 60 days from the date of the filing of the verified application or the adoption of the resolutions or the making of the motion.

D. Required Wording Content of Notices. In addition to any other information required by law, Public public notice of hearings on land use actions shall include, but not be limited to, the name of the hearing body, consist of the words "Notice of Proposed Change of Zone Boundaries or Classification" or "Notice of Proposed Site Plan " or "Notice of Proposed Conditional Use Permit" or other similar wording as the case may be, setting forth the address and description of the property under consideration, the nature of the proposed change, or requested permit or use, and the date, time, and place and date, at which of the public hearing or hearings on the matter will be held., a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the su bject of the hearing. If the hearing body will consider a determination or an approval or certification of a document pursuant to the California Environmental Quality Act, the hearing notice shall also include a statement that the hearing body will also consider said determination or approval or certification.

SECTION 47.Section 9.32.100 (Decisions of the Hearing Bodies) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Decisions of Planning Commission.

…

4. Not more than 30 calendar days following the termination of proceedings of the public hearing on an application for a land use action, the Planning Commission shall announce findings, and issue an order, in writing. A copy of this order shall be mailed to the applicant at the address s hown on the application and shall, within 15 calendar days of the adoption of the resolution, be transmitted to the City Council.

B. Zoning Administrator.
…

3. Notice of Order of the Zoning Administrator. Not later than 15 calendar days following the rendering of an order directing that a land use action be granted or denied, a copy of the decision shall be mailed to the applicant at the address shown on the application.

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C. Effective Date of Order Granting or Denying Land Use Actions. The order granting or denying a land use action shall become final 2110 calendar days after the order, unless within such 2110-day period an appeal in writing is filed with the City Clerk by either an applicant or opponent. The filing of the appeal within such time limit sha ll stay the effective date of the order until such time as the City Council has acted upon the appeal, as hereafter set forth in this chapter.
…

H. City Council to Hold Public Hearings. Within 60 calendar days following the advisement by the recording sec retary of the Planning Commission that a public hearing before the City Council is required, the City Council shall conduct a public hearing in accordance with this chapter.

I. Order of the City Council Shall Be Final. Any action by the City Council that either approves or disapproves an action of the hearing body, as the case may be, shall be by the affirmative vote of at least three four members of the City Council, and shall be final and conclusive. The hearing by the City Council shall be de novo and the City Council may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Planning Commission pursuant to subdivision (J) below.

J. Adverse Decision of Council to Be Referred to the Planning Commission. …

4. Failure to report within 60 calendar days after reference may be deemed by the City Council to be approval of any proposed change.

K. City Council to Announce Findings and Orders by Resolution. The City Council shall announce its findings and orders by formal resolution, not more than 30 calendar days following the termination of proceedings of the hearing or upon receipt of a report from the hearing body when a matter has been referred back pursuant to Chapter 9.32this chapter. Such resolution shall recite, among other things, the facts and reasons that, in the opinion of the City Council, made the granting or denial of the discretionary use provision necessary to carry out the general purpose of this chapter, and shall order that the matter be granted, denied or modified, subject to such conditions or limitations that it may impose.

L. Approval by City Council and Adoption of Resolutio n. If the resolution is not adopted by City Council due to a deadlock or the vote, the appellate decision after a period of 60 calendar days shall be superseded by the decision of the previous hearing body.

M. Notice of Decision of City Council. Not later than 15 calendar days following the adoption by the City Council of a resolution approving or denying amendment an action or entitlement pursuant to this chapter, or an appeal, one copy of such resolution shall

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be forwarded to the applicant at the address shown upon the application and one copy shall be attached to the file in the case and the complete file returned to the Planning Commission for permanent filing.

SECTION 48. Section 9.32.110 (Appeals - Purpose) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.32.110 Appeals – Purpose.

The purpose of an appeal of a hearing body decision is to allow an applicant or an interested party of a land use action who feels aggrieved by the decision to seek review of the case by another imported hearing body. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved.

SECTION 49. Section 9.32.120 (Time of Appeal) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.32.120 Time for Appeal.

A decision of a hearing body on a land use action may be appealed by the applicant, any resident of the City, any owner of real property in the City, a tenant or leaseholder of property which is located adjacent to or within 300 feet of the p roperty boundaries of the application being appealed, or an individual that may be affected by the decision on the application, within 21 10 calendar days of the date on which the decision is rendered, unless otherwise specified in this chapter.

SECTION 50. Section 9.32.130 (Filing of an Appeal) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline)”

§ 9.32.130 Filing of an Appeal.

All appeals shall be submitted in writing to the City Clerk on a City application form along with all applicable fees, and shall specifically state the basis for the appeal.

SECTION 51. Section 9.32.150 (Appeal Hearing - Decision) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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§ 9.32.130 Appeal Hearing – Decision.

A. The hearing and decision procedures of an appeal shall be in accordance with Sections 9.32.040 through 9.32.100 of this chapter.

B .Any modification of a land use action that was appealed by City Council shall be returned to the City Council for review.

SECTION 52.Section 9.32.170 (Abandoned, Wrecked, Dismantled or Inoperative Vehicles) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to clarify the use of calendar days when measuring specified deadlines, as follows (deletions in strikethrough text and additions shown in double underline):

§ 9.32.170 Abandoned, Wrecked, Dismantled or Inoperative Vehicles .

…

B. Penalty for Violation. It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing or leaving of any licensed or unlicensed vehicle or part thereof that is in an abandoned, wrecked, dismantled or inoperative condition upon any private property or public property, not including highways, within the City, for a period in excess of seven calendar days, unless that vehicle or part thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless the vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard.
…

J. Notice to California Highway Patrol. Notice of hearing shall also be given to the California Highway Patrol identifying the vehicle or part thereof proposed for removal, such notice to be mailed at least 10 calendar days prior to the public hearing. …

L. Appeals, City Council Hearing. Any interested party may appeal the decision of the Zoning Administrator by filing a written notice of appeal with the City Clerk within five calendar days after the decision of the Zoning Administrator. Such appeal shall be heard by the City Council, which may affirm, amend or reverse the order or take other action deemed appropriate. The City Clerk shall give written notice of the time and place of the hearing to the appellant and those pe rsons specified in this section. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.

M. Removal of Vehicle. Five calendar days after adoption of the order declaring, the vehicle or parts thereof to be a pub lic nuisance, five calendar days from the date of

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mailing of notice of the decision, if a notice is required by this section, or 15 calendar days after action of the City Council authorizing removal following appeal, the vehicles or parts thereof may be di sposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle has been removed, it shall not thereafter be reconstructed or made operable.

N. Notice to Department of Motor Vehicles on Removal. Within five calendar days after the dat e of removal of the vehicle or part thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicles or part thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates.

O. Payment of Assessment—Nonpayment a Lien. If the administrative costs and the cost of removal that are charged against the owner of a parcel of land pursuant to this section are not paid within 30 calendar days of the date of the order or the final disposition of an appeal therefor, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmit ted to the tax collector for collection. Said assessment shall have the same priority as other City taxes.

SECTION 53. Section 9.32.180 (Public Nuisance) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

…

G. Hearing to Abate Nuisance. In the event said owner of record shall fail, neglect, or refuse to comply with the notice to correct violations provided for in this section above, a public hearing before the Neighborhood Improvement and Conservation Commission shall be held for the purposes stated in conduct of hearing, findings, orders and determinations, in this section below. Notice of said hearing shall be personally served upon or mailed to the property owner of record at least 10 calendar days before the hearing by certified mail, with a five -day return requested. If the foregoing notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than 10 calendar days from the date of such return.
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L Cost Accounting—Notification. The City Manager or his or her designee shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where the work is done, and shall render a sworn itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings, or structures,

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including any salvage value relating thereto; provided that at least five calendar days before said report is submitted to said City Council, a copy of same shall be personally served or mailed by certified mail to the property owner of record, together with a notice of the time when said report shall be heard by the City Council for confirmation. Proof of said service or mailing shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and cost of the City in the preparation of notices, specifications and contracts, and inspecting the work and the cost of printing and mailing required hereunder, and any other legal and administrative enforcement costs.
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SECTION 54. Subsection B.2. of Section 9.32.200 (Property Maintenance) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to clarify the use of calendar days when measuring the specified deadline, as follows (deletions in strikethrough text and additions shown in double underline):

…

B. It is unlawful for any pers on owning, leasing, occupying or having charge or possession of any property in the City to maintain such property in such manner that any of the following conditions are found to exist thereon:

…

2. Buildings or structures with broken windows for longer than 21 calendar days;

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SECTION 55. Subsections C.7 and D.1 Section 9.32.210 (Property Maintenance - Vacant, Unoccupied or Abandoned Buildings) of Chapter 9.32 (Procedures and Hearings) of Title 9 (Land Use) of the Garden Grove Municipal Code are hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

…

C. Property Maintenance Standards for Vacant, Unoccupied or Abandoned Buildings. It is unlawful and a public nuisance for any person, corporation or other legal entity to own, lease, occupy, control or manage any vacant, unoccupied or abandoned structures and buildings in conflict with the following standards:

…

7. Security, Lighting and Fencing. Buildings and structures shall be secured, locked and made inaccessible to persons not authorized to use same. Unless perimeter or security fencing was installed as part of an approved site plan,

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perimeter or security fencing may be installed only with the approval of the City Manager or designee.

a. Exterior lighting shall be provided and maintained operational during all hours of darkness to illuminate the building perimeter and yard areas.

Lighting shall be of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on the property.

b. Fencing (including, but not limited to, chain link) shall not be permitted to secure the property; existing fencing installed o n the property shall be removed within 60 calendar days from enactment of this section. This prohibition is based on the finding that the mere appearance of these fences contributes to further decay, dilapidation and unsightly appearance of the property as fences, intended to secure a vacant property, provides the owner a false sense of security and makes it easier to forsake property maintenance.

D. Enforcement of Violations.

1. Notice of Violation/Remedial Plan. Any person, corporation or other legal entity who owns, leases, occupies, controls or manages the subject property receiving a notice of violation of this section shall provide to the City, within 10 calendar days, a remedial plan containing specific items of corrective work to address the noted violations, which plan shall first be approved by the City Manager or designee, before corrective work is undertaken. The corrective work shall be completed within the time prescribed by the City Manager or designee. In the event that the responsible party proposes demolition as the remedial plan, the demolition plan shall provide for removal of unsightly cement foundations or other structures remaining after the demolition work.
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SECTION 56. Section 9.60.020 (Review of Housing Development Projects) of Chapter 9.60 (Special Housing Regulations) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

A. Compliance with State Law.

1. Generally. Notwithstanding the provisions of Chapter 9.32, all proposed housing development projects shall be reviewed in accordance with requirements and limitations imposed by state law, including, but not limited to, Government Code Sections 65589.5, 65 915-65918, 65583, 65584, 65863, 65905.5, 65912.100-65912.105, 65852.24, 65852.28, 65913-65913.116, 65914.7, 65940-65945.3, 66300, 65650 -65656, and 65660-65688, and 66499.41. Except to the extent otherwise provided by state law, such review

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shall ensure tha t proposed housing development projects comply with all applicable, objective standards, provisions, conditions and requirements of the general plan, this chapter, and other applicable ordinances and policies of the City.
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C. Discretionary Review of Hous ing Development Projects. Notwithstanding Section

9.32.030 or any other provision of this title, the following provisions shall apply to the consideration of applications for site plans, conditional use permits, or other quasi - judicial land use permits req uired for the construction or operation of a housing development project, as defined in subdivision (h)(2) of Government Code Section 65589.5, which is not subject to ministerial review by the Department Director pursuant to subsection 9.60.020.D:

1. Public Notice and Hearings.

a. Except as modified by this section, land use permits for housing development projects shall be subject to the notice, hearing, and appeal procedures set forth in Chapter 9.32.

b. For so long as Government Code Section 965905.5 so provides and remains in effect, no more than five hearings or continued hearings shall be conducted in connection with consideration of an application for a housing development project, unless otherwise agreed to by the applicant or the applicant 's designated representative. Said limit does not apply to any hearing to review a legislative approval required for a housing development project. The opening of a public hearing solely for the purpose of continuing the hearing to a future date shall not count as one of the five allowed hearings, provided no substantial discussion by the hearing body occurs and no testimony is taken. The final review authority shall consider and either approve, conditionally approve, or disapprove the application at one of the five hearings allowed pursuant to Government Code Section 965905.5; provided, however, that, unless otherwise provided by law, the application shall not automatically be deemed approved if the final review authority does not act on the application at one of the five allowed hearings.
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SECTION 57. Subsections C and F of Section 9.60.040 (Residential Density Bonus) of Chapter

9.60 (Special Housing Regulations) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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C. Documentation. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus , incentives or concessions, waivers or reductions of development standards, and reduced parking ratios. …

F. Calculation. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of densit y increase, including, but not limited to, no increase in density. For the purpose of calculating the density bonus, subject to subdivision (o) of Government code Section 65915, the “maximum allowable residential density” or “base density” shall be the gre atest number of units allowed to be developed on the parcel(s) under this title, an applicable specific plan, or the Land Use Element of the General Plan. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall b e the maximum allowable gross residential density established under the applicable development standards for the parcel(s), subject to subdivision (o) of Government Code Section 65915. …

SECTION 58. Section 9.60.050 (Affordable Housing Regulatory Agreements) of Chapter 9.60 (Special Housing Regulations) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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D. Required Provisions of Regulatory Agreements. Unless otherwise provided by law or authorized by the City Manager, each regulatory agreement shall include provisions addressing or requiring the following:

1. Identification of Affordable Units. The number, affordability level, unit size mix, and l ocation requirements for the affordable units shall be set forth in the regulatory agreement.

a. Unit Size Mix. To the extent practicable, the size and bedroom count of the affordable units reserved and allocated for each income category shall at all times be proportional to the size and bedroom count mix of all units in the project, provided, however, that the property owner may substitute a larger unit for a smaller unit.

b. Location Requirements. For mixed income projects, the regulatory agreement shall require that affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units in each building, and shall contain provisions to ensure that the project

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shall complyies with the requirements set forth in Health and Safety Code Section 17929. For affordable units that will be offered for sale, the regulatory agreement shall specifically identify each affordable unit. For affordable units that will be rented, Tthe regula tory agreement may allowshall require the affordable units in a rental project to be "floating" units that are not permanently designated, provided that at no time shall a majority of the affordable units be congregated to a specific section of the project.

4. Annual Tenant Income Verification , Compliance Reporting, and Certification.

For projects containing rental affordable units that will be rented, the regulatory agreement shall include uniform provisions requiring the owner to annually obtain written certifications from, and to verify and certify, prior to the initial occupancy, and annually thereafter, that, each tenant household occupying an affordable unit meets the applicable income and eligibility requirements established for the affordable unit, and to annually prepare a compliance report and certify that the affordable units are in compliance with the regulatory agreement.

5. Eligibility of Initial Buyers of For-Sale Affordable Units. For projects containing for-sale affordable units that will be offered for sale , the regulatory agreement shall include uniform provisions requiring the owner to verify that the initial buyer(s) of each affordable unit be of meet the applicable income level and eligibility requirements established for the affordable unit shall require the initial buyer(s) of each affordable unit to and occupy the affordable unit at all times until resale of the affordable unit to another qualified buyer. Where applicable, the regulatory agreement shall contain provisions satisfying the criteria set forth in paragraph (2) of subdivision (c) of Government Code Section 65915. The regulatory agreement shall also require the initial purchaser and, if applicable, each subsequent purchaser, of an affordable unit, to execute and/or record one or more agreements and/or restrictive covenants benefiting and enforceable by the City, which address, among other things, the purchaser's obligations pertaining to certification of income, financing or refinancing of the unit, occupancy of the unit, prope rty maintenance, insurance, periodic certification of compliance with applicable agreement terms, and re -sale of the unit (collectively, “Homebuyer Documents”). Homebuyer Documents may include, without limitation promissory notes, deeds of trust, reimbursement agreements, option agreements, equity sharing agreements, and/or other covenants and regulatory documents necessary to ensure continued compliance with pertinent provisions of applicable law, conditions of approval, and the regulatory agreement for the required affordability period.

6. Equity Sharing Provisions. For projects containing for-sale affordable units, the regulatory agreement shall contain provisions establishing an equity sharing arrangement consistent with the provisions set forth in paragraph (2) of

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subdivision (c) of Government Code Section 65915. 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 any initial subsidy and its proportionate share of appreciation.

76. Annual Compliance Report. Each regulatory agreement shall contain provisions requiring the owner to submit an annual compliance report containing specified information to the City in a form reasonably satisfactory to City Manager and to annually certify that the affordable units are in compliance with the requirements of the regulatory agreement.

87. Maintenance Standards. The regulatory agreement shall contain uniform provisions governing the owner's maintenance obligations and the City's rights in the event the owner fails to adhere to its maintenance obligations.

98. Recordkeeping Requirements. The regulatory agreement shall contain uniform provisions requiring the owner to maintain affordable unit sales documents, tenant leases, income certifications, and other books, documents, and records related to the sale or rental of the affordable units and operation of the project for a period of not less than five years after creation of each such record; to allow the City to inspect any such books, documents, or records and to conduct an independent audit or inspection o f such records at a location that is reasonably acceptable to the City Manager upon prior written notice; and to permit the City and its authorized agents and representatives to access the property and examine the housing units and to interview tenants and employees for the purpose of verifying compliance with the regulatory agreement.

109. Marketing Programand Sale of For -Sale Affordable Units . For projects containing affordable units that will be offered for sale, Tthe regulatory agreement shall contain provisions requiring the owner: (a) to prepare and obtain the City's approval of a marketing program for the leasing or sale of the affordable units to qualified purchasers prior to the issuance of a certificate of occupancy for any portion of the project; (b) to thereafter market the leasing or sale of the affordable units in accordance with the marketing program; and (c) to provide the City with periodic reports with respect to the leasing or sale of the affordable unit s. Except as otherwise approved by the City, the marketing program shall include, without limitation, (i) a plan for and detailed description of how the owner will solicit and identify potential qualified purchasers for the affordable units; (ii) a descri ption of the process the owner will implement to evaluate and select qualified purchasers for the affordable units; (iii) the form of the purchase and sale agreement the owner proposes to enter into with qualified purchasers; (iv) copies of forms, disclosu res, and other documents owner intends to provide to qualified purchasers; and (v) such other information reasonable requested or required by the City.

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1110. Marketing and Management Plan for Rental Affordable Units . For projects containing affordable units that will be rented, Tthe regulatory agreement shall contain uniform provisions regarding property management and management responsibilities and shall require the owner to prepare and obtain the City's approval of a management plan for the project pri or to the issuance of a certificate of occupancy for any portion of the project ., which sets forth The marketing and management plan shall address in detail, without limitation, the following matters: (a) how the owner plans to market the affordable units to prospective tenant households; the owner's property management duties, including, but not limited to, a plan to manage and maintain the site and the affordable units; (b) procedures for the selection of tenants of rental affordable units, including a des cription of how the owner plans to certify the eligibility of tenant households; (c) procedures for annually verifying income and recertifying the eligibility of tenants of rental affordable units; (d) the standard form(s) of rental agreement(s) the owner proposes to enter into with tenants of affordable units; (e) procedures for the collection of rent; (f) procedures for eviction of tenants; (g) procedures for ensuring that the required number and unit size mix of rental affordable units is maintained and that "floating" affordable units do not become congregated to a certain area of the building or project; (h) the owner's procedures for complying with its monitoring and recordkeeping obligations; (i) the owner’s property management duties; (j) the owner's plan to manage and maintain the project and the affordable units; (k) the rules and regulations of the property and manner of enforcement; and (l) a program addressing security system and crime prevention programat the project.

1211. Provisions Regarding Section 8 Certificates. For projects containing rental affordable units, the regulatory agreement shall include uniform provisions regarding the acceptance of federal certificates for rent subsidies p ursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor (i.e., "Section 8 certificates"), which shall include the following requirements and limitations:

a. The owner shall accept as tenants persons who are recipients of Section 8 certificates on the same basis as all other prospective tenants; provided, the owner shall not rent one of the affordable units to a tenant household holding a Section 8 certificate unless none of the housing units not restricted to occupancy by the affordability covenants are available. If the only available housing unit is an affordable unit, the owner shall no longer designate the housing unit rented to a tenant household holding a Section 8 certificate as an affordable unit, shall designate the next-available housing unit as an affordable unit, and shall make available, re-strict occupancy to, and rent such newly designated affordable unit to a qualified tenant at the applicable af fordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by

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tenants holding Section 8 certificates

b. Furthermore, in the event the owner rents an affordab le unit to a household holding a federal certificate, the rental agreement (or lease agreement, as applicable) between the owner, as landlord, and the tenant shall expressly provide that monthly rent charged shall be the affordable rent required for the affordable unit (not fair market rent) and that the rent collected directly from such tenant holding a federal certificate shall be not more than the specified percentage of the tenant's actual gross income pursuant to the applicable federal certificate program regulations; i.e., the rent charged to such tenant under the rental agreement shall be the affordable rent chargeable under the affordability covenant and not fair market rent for the area, as would otherwise be permitted under the applicable federal certificate program.

c. The owner shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.

d. If and to the extent these restrictions conflict with the provisions of Section 8 of the United States Housing Act of 1937 or any rules or regulations promulgated thereunder, the provisions of Section 8 of the United States Housing Act of 1937 and all implementing rules and regulations thereto shall control.

12. Annual Monitoring and Administration Fees.

a. Rental Projects. For projects containing affordable units that will be rented, to the extent permitted by state and federal law, Eeach regulatory agreement shall contain a provision requiring the owner to pay an annual fee to reimburse the City for the estimated reasonable costs incurred by the City in monitoring the owner's compliance with, and otherwise administering, the regulatory agreement, including, but not limited to, the City's review of annual compliance rep orts and conduct of inspections and/or audits.

b. For-Sale Projects. For projects containing affordable units that will be offered for sale, each regulatory agreement shall contain a provision requiring the owner to reimburse the City for the estimated reasonable costs incurred by the City (i) to monitor the owner’s compliance with, and to otherwise administer, the Regulatory Agreement, prior to the initial sale of each affordable unit, and (ii) to monitor each subsequent purchaser’s compliance with, and to administer, the Homebuyer Documents following the initial sale of each affordable unit.

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H. Reimbursement of Professional Fees and Costs. To the extent not factored into the fee or fees established pursuant to subsections D and G, in addition to such fees, the applicant and/or owner 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 following:

1. Preparation of the regulatory agreement, agreements with initial purchasers of for-sale affordable units, and other ancillary documents.

2. Establishing the affordable sales price, and verifying the incomes and eligibility of prospective buyers, of for-sale affordable units;

23. Review of the initial marketing plan for projects containing for -sale affordable units or the marketing and management plan for projects containing rental affordable units required as part of the regulatory agreement entered into pursuant to this section and any amendments thereto.

34. Review of annual compliance reports submitted by an owner pursuant to a regulatory agreement.

45. Inspections and audits.

I. Preparation of Regulatory Agreement; Reimbursement Agreement. Unless otherwise approved by the City Manager, each regulatory agreement shall be prepared by the City at the cost of the applicant and/or owner. Prior to the City commencing preparation of a regulatory agreement, the applicant and/or owner 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 estim ated total professional fees and costs to be incurred by the City for preparation of the regulatory agreement, as determined by the City Manager in his or her reasonable discretion. The City Manager is authorized to execute said reimbursement agreement on behalf of the City.

SECTION 59. Section 9.60.060 (Dwelling Unit Protection Regulations) of Chapter 9.60 (Special Housing Regulations) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended to read in its entirety as follows:

A. Purpose. The pur pose of this section is to implement the provisions of the Housing Crisis Act, which requires development project proponents to replace demolished residential dwelling units and protected units and to provide relocation assistance and other benefits to existing occupants of demolished protected units.

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B. Effective Period. This section shall remain in effect for the period during which the provisions of Chapter 12 of Division 1 of Title 7 of the Government Code pertaining to replacement housing and relocation benefits remain in effect. If said provisions ar e repealed, this section shall be deemed repealed as of the same date and shall no longer be applied, unless otherwise provided by a later enacted ordinance.

C. Applicability. This section applies to all development projects subject to Article 2 of Chapter 12 of Division 1 of Title 7 of the Government Code , whether involving discretionary or nondiscretionary approvals, including, but not limited to, the following:

1. A proposal to construct one or more single-family dwellings;

2. A proposal to construct an accessory dwelling unit;

3. A proposal to construct an SB 9 two-unit residential development;

4. A proposal to construct a duplex or triplex;

5. A proposal to construct a multiple-family dwelling; and

6. A proposal to construct a mixed -use developm ent project consisting of residential and nonresidential uses

D. Definitions. As used in this section, the following terms shall have the following meanings:

1. "Affordable housing cost" has the same meaning as defined in Health and Safety Code Section 50052.5.

2. "Affordable rent" has the same meaning as defined in Health and Safety Code Section 50053.

3. “Comparable unit” shall have the same meaning as the term "comparable replacement dwelling" as defined in Government Code Section 7260; provided, however, that with respect to an occupied protected unit that is a single -family home that will be demolished in conjunction with a proposed development project that consists of two or more dwelling units, a "comparable unit" need not contain more than three bedrooms or have the same or similar square footage or the same number of total rooms.

4. “Development project” means a project for “development,” as defined in Section

9.04.060, which requires a permit or other approval issued by the City.

5. "Equivalent size" means that the replacement protected units contain at least the same total number of bedrooms as the units being replaced.

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6. “Extremely low income households” has the same meaning as defined in Health and Safety Code Section 50106.

7. "Lower income households" has the same meaning as defined in Health and Safety Code Section 50079.5. Lower income households includes very low income households and extremely low income households.

8. "Protected unit" shall have the same meaning as defined in the Housing Crisis Act and includes, but is not limited to, the following:

a. Existing or previously demolished residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to person s and families of lower or very low income within the five -year period preceding the application submittal date; and

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.

9. "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.

10. “Replace” has the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Government Code Section 65915; provided, however, that for purposes of a development project that that consists of a single residential unit on a site with a single protected unit, "replace" shall mean that the protected unit is replaced with a unit of any size at any income level.

11. “Replacement protected units” means and refers to affordable residential units proposed to be developed to replace one or more protected units.

12. "Very low income households" has the same meaning as defined in Health and Safety Code Section 50105. Very low income households includes extremely low income households.

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

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1. Number of Total Units Required. If the project is a housing development project, 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. Unless otherwise provided in the Housing Crisis Act, the development project shall replace all protected units that were previously located on the project site and demolished on or after January 1, 2020 and all existing occupied or vacant protected units that will be demolished as part of the project in accordan ce with this section. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. Any replacement protected units provided will be considered in determining whether a housing development project sa tisfies the requirements of Government Code Section 65915 and Section 9.60.040.

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 developme nt 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 f ive-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 b y, 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 hous eholds 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 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 development project are vacant or have been demolished within the five -year period preceding the application submittal date, the 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

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preceding the application submittal date to be made available at affordable rent or affordabl e 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. Replacement Protected Unit Size. A replacement protected unit must include at least the same number of bedrooms as the protected unit being replaced; provided, however, that if and to the extent permitted pursuant to the Housing Crisis Act, a protected unit may b e replaced with two or more replacement protected units of the same or a lower income category as the protected unit, provided the cumulative number of bedrooms in the replacement protected units equals or exceeds the number of bedrooms in the protected un it being replaced.

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

7. Location of Protected Units. If the development project is a housing development project, dwelling units required to replace protected units shall be located on the same parcel or par cels as other units in the proposed new housing development project, if feasible . Notwithstanding the preceding sentence, subject to approval of the Department Director, an applicant may locate a replacement protected unit on a different parcel in the City zoned for residential use, provided that: (a) 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; (b) the other parcel is zoned for residential use and all objective general plan, zoning, and other standards and requirements are met; and (c) 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 protected unit.

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

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9. 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. For-sale replacement protected units shall be subject to paragraph (2) of subdivision (c) of Government Code Section 65915.

10. Regulatory Agreement Required. The rec ord owner(s) of the property shall enter into a regulatory agreement with the 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 development project shall allow the existing occupants of the protected unit to occupy the unit until six months before the start of construction activities. The record owner of the occupied protected unit shall provide the existing occupants with written notice of the planned demolition, the date the occupants must vacate the unit, and their rights under the Housing Crisis Act. Said notice shall be provided at least six months in advance of the d ate that the existing occupants must vacate the unit, and a copy shall be concurrently delivered to the Department Director.

2. Right to Return if Demolition Does Not Proceed. The record owner of an occupied protected unit that will be demolished as part of a 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 required pursuant to subsection 1 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 development project shall agree to provide existing occupants of the protected unit to be demolished as part of the a development project that a re lower income households with a right of first refusal to rent or purchase a comparable unit available in the new housing development project, or in any required replacement units associated with a new development that is not a housing development projec t, affordable to the household at an affordable rent or affordable housing cost. The right of first refusal shall

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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.

b. 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; (ii) units in a housing development in which 100% 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 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; or (iii) a development project that is an industrial use and to which the re quirement in the Housing Crisis Act to provide replacement units does not apply.

2. Relocation Benefits.

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

b. 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, and oversee the provision of the required relocation benefits.

c. The applicant's relocation consu ltant 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;

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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 proces s for the provision of benefits and the submission of benefit claims by eligible occupants;

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

x. Procedures for providing the benefits required pursuant to subsections G and H, above, includ ing copies of the required notices, agreements, and other forms needed to implement the provision of said benefits.

d. Prior to the issuance of a grading or building permit for the 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.

1. 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 s ervices 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 f orms 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 a nd costs to be incurred by the City, as determined by the Department Director in his or her reasonable discretion. The City Manager

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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 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.

2. In addition to the reimbursement of professional fees and costs pursuant to subsection I.1, above, the City may charge a fee or fees to recover the City's other reason able costs to implement the provisions of subsection (d) of Government Code Section 66300 and this section. Any such fees shall be adopted by resolution of the City Council.

SECTION 60. Severability. 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 61.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 on the date that is thirty (30) days after adoption.

Garden Grove City CouncilJuly 8, 2025

Garden Grove City Council
July 8, 2025