Agenda packet, first session — Garden Grove City Council, August 12, 2025 (part 2 of 3)

making c ertain findings, and approving the requested land use entitlements, subject to specified Conditions of Approval. Resolution No. 6115-25 is included as Attachment 2.

On June 23, 2025, within the designated 21-day appeal period, the City Clerk’s Office received an appeal of the Planning Commission’s decision from Supporters Alliance for Environmental Responsibility (“SAFER”). According to its appeal, SAFER objects to the Planning Commission’s determination that the project is categorically exempt from CEQA review based on the Class 32 Categorical Exemption, asserts that a Mitigated Negative Declaration (MND) or an Environmental Impact Report should have been prepared to examine its environmental impacts to the surrounding area . A copy of the Appeal form fi led by SAFER is included as Attachment 5. No additional supporting information or justification for the appeal or its request was provided by SAFER at the time of filing of the appeal.

DISCUSSION

Project Summary:

The subject site is a 2.15-acre-lot located at the northwest corner of Lincoln Way and Western Avenue. The property has a General Plan designation of I (Industrial) and is zoned Planned Unit Development No. PUD-103-76 (Rev. 2018). The subject property is adjacent to the same zoned properties that are improved with office/industrial buildings to the west, and across Lincoln Way to the south. To the north is a residential property in the City of Stanton. Across Western Avenue to the east of the site is an industrial use property also in the City of Stanton.

The site is currently improved with a two-story, 43,946 square-foot office/industrial building constructed in 1984. Over time, the existing building has become increasingly underutilized and underperforming in the marketplace, as the Applicant has faced persistent challenges in securing tenants to achieve full occupancy for this building. The applicant proposes to replace the existing building with newer improvements allowing the property to r each its full economic potential. The proposal includes the demolition of the existing building, and the proposed construction of a new 50,300 -square-foot shell industrial building, along with associated on-site improvements such as parking lot and landscaping.

SITE PLAN:

Specific elements of the proposed Site Plan and development are discussed below – and in more detail in the attached Planning Commission Staff Report dated June 5, 2025 (Attachment 3).
 The proposed tilt-up building complies with the General Plan and PUD-103-76 (Rev. 2018), including Floor Area Ratio (FAR), setbacks, height, and parking standards.
 The existing driveway on Lincoln Way would be removed, and the driveway on Western Avenue would remain and be widened to 40 feet.
 A total of 52 parking spaces—standard, accessible, and compact—are planned along the internal drive aisle and behind the building. 284
Item 246/2025

Page 3 of 6 ends

 Thirty-four (34) spaces would be within a gated area accessible from both ends, with Knox boxes for emergency access; the remaining 18 spaces would be accessible from Western Avenue.
 The L-shaped building would front Lincoln Way and Western Avenue, consisting of a 46,800-square-foot ground floor and a 3,500-square-foot mezzanine. The ground floor includes a 45,300 square feet open area with 39-foot ceilings for warehouse/light manufacturing, seven (7) roll-up doors, and 1,500 square feet office area including a break room, and two (2) restrooms. The mezzanine includes open and private offices, a conference room, and two restrooms.  Landscaping would be provided throughout all setback areas and between parking and the perimeter wall. Brisbane Box trees will line the northern property line to screen the project from adjacent residences, in compliance with PUD requirements.

Applicable Law Governing Appeals of Planning Commission Decisions:

Pursuant to Garden Grove Municipal Code (GGMC) Section 9.32.030, all decisions of the Planning Commission are appealable to the City Council. Appeals are governed by GGMC Sections 9.32.110 through 9.32.150.

GGMC Section 9.32.110 (Appeals – Purpose) provides that 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.

SAFER did not articulate how or why it is an “interested party” vis-à-vis this particular project when it filed its appeal.

Pursuant to GGMC Section 9.32.120 (Time for Appeal), a decision of a hearing body on a land use action may be appealed by the applicant, or an individual, within 21 days of the date on which the decision is rendered. SAFER is a nonprofit corporation, not an individual.

Therefore, SAFER lacks standing under the Garden Grove Municipal Code to appeal the Planning Commission’s approval of the proposed Project.

However, CEQA independently authorizes any person or entity to appeal a determination by a nonelected decision-making body (such as the Planning Commission) that a project is not subject to CEQA to the agency’s elected decision-making body (i.e., the City Council). (Pub.

Resources Code, § 21151(c).)

Therefore, the City Council’s review and consideration of the project on appeal is limited to whether the Planning Commission’s determination that the Proje ct is exempt from review under CEQA pursuant to the Class 32 Exemption was correct.

Applicability of the Class 32 CEQA Exemption:

CEQA’s Class 32 exemption applies to in-fill development projects (CEQA Guidelines §15332).

A project can qualify for a Class 32 exemption if the proposed project: (1) is consistent with applicable General Plan designation and all general plan policies, as well as with applicable 285
Item 246/2025

Page 4 of 6 ends

zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare, or threatened species; (4) the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; (5) the site can be adequately served by all required utilities and public services; and (6) no exceptions to the exemption apply. (CEQA Guidelines §§ 15300.2(b)-(f), 15332).

The Planning Commission deter mined that the project is categorically exempt from CEQA pursuant to the Class 32 exemption based on the following:

The project is consistent with the applicable General Plan designation and policies and applicable zoning designation and regulations.

As to the General Plan, the Property is designated as Industrial (I), which is intended to create, maintain, and enhance industrial areas characterized by uses that include industrial research, assembly, and testing of electronics, instruments, office and r elated machinery, wholesaling, warehousing, administrative offices, and regional or home offices of industry. In this designation, the maximum FAR is 1.00. As to zoning, the property is zoned Planned Unit Development No. PUD-103-76 (Rev. 2018), which also allows various industrial type of uses including warehousing and manufacturing. The project is designed to meet the development standards as set forth by the PUD. As a result, the project is consistent with the applicable General Plan designation and policies and the applicable zoning designation and regulations. (See Attachment 6, Justification Memorandum, p. 20.)

The subject site is located within City limits on a project site of no more than five acres and is substantially surrounding by urban uses.

The Project site is rectangular in shape and is 2.15 acres located within an existing industrial area, commonly known as the Irvine Industrial Park . The Project site is completely surrounded by urban uses including office/industrial buildings to the west, and across Lincoln Way to the south, a multiple family residential in the City of Stanton to the north, and an industrial use also in the City of Stanton. (See Attachment 6, Justification Memorandum, p.

21.)

The subject site was surveyed, and does not have any known value as habitat for endangered, threatened, or rare species.

The Project site is within a highly developed, densely populated urban area. The Project site contains existing industrial/office building that would be demolished to accommodate the Project. The subject site provides no value for habitat for endangered, threatened, or rare species. (See Attachment 6, Justification Memorandum, pp. 21-22.)

Traffic, noise, air quality, and water quality studies have been prepared by licensed firms to study the impact of the proposed development, and no significant impacts have been identified. The traffic, noise, air quality, and water quality studies are attached for reference (Attachment 6).

286
Item 246/2025

Page 5 of 6 ends

The Project’s potential traffic, noise, air quality, and water quality impacts were projected and evaluated in technical studies. The studies concluded that the Project would not result in any significant traffic, noise, air quality, or water quality impacts. ( See Attachment 6, Justification Memorandum pp. 22-23; Attachment 6, Air Quality, VMT, Noise Study, and Water Quality Study.)

The Public Works Department reviewed the proposed development, and found that it can be adequately served by all required utilities and public services.

The Project’s potential impacts to utilities, fire protection, police protection, schools, parks, and library facilities were projected and evaluated. It was determined that the Project could adequately be served by, and would not result in any significant impacts to, all required utilities and public services. (See Attachment 6, Justification Memorandum, pp. 36-38.)

No Exceptions to the Class 32 Exemption Apply.

A Class 32 categorical exemption is precluded where a project may result in damage to scenic resources within an official state scenic highway, is located on any lists of hazardous waste and substance facilities and sites and public drinking wells with organic contaminants pursuant to Government Code Section 65962.5, may cause a substantial adverse change in the significance of a historic resource, there is a reasonable possibility of a significant impact on the environment due to unusual circumstances, or significant cumulative impacts from projects of the same type will result. It was determined that none of these exceptions apply to the proposed Project. (See Attachment 6, Justification Memorandum, pp. 39-44.)

CONCLUSION

Staff has reviewed the appeal request and recommends that the City Council uphold the Planning Commission’s decision to approve Site Plan No. SP-158-2025.

The basis for Staff’s recommendation and the Planning Commission’s approval of Site Plan No. SP -158-2025 are set forth in detail in the following documents related to the environmental analysis conducted for the proposed project:
 Attachment 6: Class 32 Categorical Exemption Justification Memorandum and Technical Studies
 Attachment 7: Environmental Information Form
 Attachment 8: Notice of Exemption

FINANCIAL IMPACT

None.

287
Item 246/2025

Page 6 of 6 ends

RECOMMENDATION

It is recommended that the City Council:

 Conduct a Public Hearing;

 Adopt the attached Resolution denying the appeal filed by Supporters Alliance for Environmental Responsibility, and upholding the Planning Commission’s decision approving Site Plan No. SP-158-2028 and determining the Project to be exempt from review under the California Environmental Quality Act.

ATTACHMENT(S)

Attachment 1: Draft City Council Resolution upholding the Planning Commission's decision to approve Site Plan No. SP-158-2025
Attachment 2: Planning Commission Resolution No. 6115-25 with Exhibit "A" - Conditions of Approval Attachment 3: Planning Commission Staff Report dated June 5, 2025 with Vicinity Map, Plans, and Class 32 Categorical Exemption Technical Studies
Attachment 4: Planning Commission Minute Excerpt date June 5, 2025 Attachment 5: Appellant's Appeal Filling and Request in Writing dated June 23, 2025 Attachment 6: Class 32 Categorical Exemption Justification Memorandum and Technical Studies Attachment 7: Environmental Information Form
Attachment 8: Notice of Exemption

288

ATTACHMENTS ARE ACCESSIBLE AT THE FOLLOWING LINK:

https://ggcity.org/city-clerk/appeal-hearing-sp-158-2025

289
Item 258/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 8/12/2025

Subject: Award a contract to Merchants Building Maintenance, LLC to provide custodial services at various City facilitilies. (Cost: $198,482.11)(Action Item)

OBJECTIVE

For City Council to award a contract with Merchants Building Maintenance, LLC in response to Request for Proposal (RFP) No. S-1363 to provide full custodial services at six (6) locations in the City.

BACKGROUND

The current custodial contract with Merchants Building Maintenance, LLC is due to expire on August 31, 2025. This agreement provides full custodial services at the City’s jail facility, three (3) police substations, the Buena Clinton Family Resource Center, and the Magnolia Park Family Resource Center.

DISCUSSION

RFP S-1363 was released on the City’s Planet Bids portal on March 10, 2025. On April 16 , 2025, the City received twelve proposals in response to the RFP. Staff reviewed the proposals and eleven proposals were deemed as responsive with one (1) proposal being deemed as non-responsive. The initial scores were calculated on June 19, 2025 and the top three (3) scoring proposers were invited to submit a Best and Final Offer and to participate in an interview on June 23, 2025. Upon completion of the interviews, the final scores were calculated and are as follows:

COMPANY NAME FINAL SCORES
Merchants Building Maintenance, LLC 249
Base Hills, Inc. Santa Fe Springs C.A 230
Omni Enterprise, Inc. DBA 224
290
Item 258/2025

Page 2 of 3 ends

Guaranteed Janitorial Services, Inc. 209
Ultimate Maintenance Services, Inc. 206
Excellence Professional Cleaning, Inc. 201
Santa Fe Janitorial Maintenance Services, Inc. 192
Eternal Love dba Vested Solutions Janitorial 182
Sherrod and Sons, LLC 177
Municipal Contract Solutions dba MCS, LLC 130
J&S Building Maintenance Inc. 122
Priority Building Services, LLC Non-Responsive

Merchants Building Maintenance, LLC, was selected based on the final scores, positive references, performance in the interview, and their level of expertise in providing full custodial services. They also offered the lowest pricing and proposed a work plan that best fits the needs of the City.

FINANCIAL IMPACT

The cost for the custodial contract with Merchants Building Maintenance, LLC for the first three (3) fiscal years is $165,401.76, with a 20% contingency of $33,080.35 to cover on -call cleaning of the jail facility as well as any unforeseen cleaning and sanitizing services required by the City . The total not -to-exceed contract amount for the first three (3) fiscal years including contingency is $198,482.11. Funding for the contract is available in the adopted Public Works operating budget.

RECOMMENDATION

It is recommended that the City Council:
 Award a contract to the highest scoring proposer, Merchants Building Maintenance, LLC, in the firm fixed price amount of $198,482.11 for the first three fiscal years of the contract, with the option to renew the contract for two additional years;
 Authorize the City Manager, or designee, to approve the two annual extensions which include the 20% contingency for on -call cleaning of the jail facil ity as well as any unforeseen cleaning and sanitizing services required by the City, and adjust compensation per the CPI for all urban consumers (CPI -U) for the 12 months ending May of the applicable extension year, not to exceed 5%.  Authorize the City Manager, or designee, to amend the contract once the new public safety building is completed to remove the existing jail facility from the 291
Item 258/2025

Page 3 of 3 ends

scope of work and include the new public safety building so there is no lapse in providing janitorial services to the police department; and  Authorize the City Manager, or designee, to execute the agreement and any necessary amendments, and make minor modifications as appropriate thereto, on behalf of the City.

By: Rafael Robles, Custodial Supervisor

ATTACHMENT(S)

1. Agreement and Attachment A (Scope of Work)

2. Attachment B (Merchants Best and Final Proposal Summary Pricing)

292

CITY OF GARDEN GROVE

PROFESSIONAL SERVICES AGREEMENT

THIS AGREEMENT is made this day of , 2025, by the CITY OF GARDEN GROVE , a municipal corporation, ("CITY") and Merchants Building Maintenance, LLC, herein after referred to as “CONTRACTOR”.

RECITALS

The following recitals are a substantive part of this Agreement:

1. This Agreement is entered into pursuant to Garden Grove COUNCIL AUTHORIZATION, DATED _____________________.

2. CITY desires to utilize the services of CO NTRACTOR to Provide Full Custodial Services at Six Locations in the City of Garden Grove per Attachment A and RFP S-1363.

3. CONTRACTOR is qualified by virtue of experience, training, education and expertise to accomplish services.

AGREEMENT

THE PARTIES MUTUALLY AGREE AS FOLLOWS:

1. Term of Agreement: The term of the agreement shall be from full execution of the agreement through June 30, 2028 , with an option to extend said agreement additional two (2) fiscal years, for a total performance period of five (5) fiscal years. Option years shall be exercised one (1) fiscal year at a time, at the sole option of the CITY. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with proposal which is attached as Attachment A and is hereby incorporated by reference. CONTRACTOR is required to present evidence to support performed work.

2. Services to be Provided. The services to be performed by CONTRACTOR shall consist of tasks as set forth in the Scope of Work. The Scope of Work is attached as Attachment “A”, and is incorporated herein by reference. The Scope of Work and this Agreement do not guarantee any specific amount of work.

3. Compensation. CONTRACTOR shall be compensated as follows:

3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of One Hundred Ninety Eight Thousand Four Hundred Eighty Two Dollars and 11/100 ($198,482.11), for the first three fiscal years, payable in arrears and in accordance with Proposal Pricing form, Attachment “B”. All work shall be i n accordance with RFP No. S -1363, 293
annual pricing also includes an additional 20% per year to cover additional services as listed in Attachment “B” Proposal Pricing form.

FISCAL YEAR AMOUNT ADDITIONAL

SERVICES
ANNUAL
TOTALS
FY25-26 $53,938.56 $10,787.71 $64,726.27
FY26-27 $55,125.12 $11,025.02 $66,150.14
FY27-28 $56,338.08 $11,267.62 $67,605.70
Total for First
Three Years $165,401.76 $33,080.35 $198,482.11

3.2 Payment For work under this Agreement, payment shall be made per invoice for work completed. Within 45 day of delivery of goods or completion of performance of services, CONTRACTOR must promptly render an invoice to CITY or payment may be significantly delayed. For extra work not a part of this Agreement, a written authorization by CITY will be required, and payment shall be based on schedule included in PROPOSAL PRICING FORM, Attachment “B”. For extra work not a part of this Agreement, a written authorization by C ITY will be required, and payment shall be based on schedule in cluded in PROPOSAL PRICING FORM, Attachment “B. All work shall be in accordance with RFP. No. S- 1363.

3.3 Records of Expenses. CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to CITY.

3.4 Termination. CITY shall have the right to terminate this agreement, without cause, by giving thirty (30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.

4.Insurance Requirements

4.1 Commencement of Work. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellatio n, or termination at least thirty (30) days in advance.

4.2 Workers Compensation Insurance. For the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and type required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.

294

4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:

(a) Commercial general liability in an amount not less than $1,000,000.00 per occurrence ( claims made and
modified occurrence policies are not acceptable);
Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY;

(b) Automobile liability in an amount of $1,000,000.00
combined single limit (claims made and modified
occurrence polici es are not acceptable); Insurance
companies must be acceptable to CITY and have a Best’s Guide Rating of A-, Class VII or better, as approved by the CITY;

(c) Commercial crime policy in an amount of $500,000.00 per occurrence, including employee dishonesty, forgery,
alteration, and theft. Alternatively, CONTRACTOR may post a fidelity bond in the amount of $100,000 to comply with this requirement;

(d) Pollution/environmental liability in the amount not less than $1,000,000.00; (claims made and modified occurrence
policies are not acceptable); Insurance companies must be acceptable to CITY and have AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY.

An On-Going and Completed Operations Addit ional Insured Endorsement for the policy under section 4.3 (a) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed by or on behalf of the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, it’s officers, offi cials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CO NTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.

An Additional Insured Endorsement for the policy under section 4.3 (c) shall designate CITY, it’s officers, officials, employees, agents, and volunteers as additional insureds for automobiles, owned, leased, hired, or borrowed by the CO NTRACTOR. CONTRACTOR shall provide to CITY 295
proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY,

For any claims related to this Agreement, CONTRACTOR s insurance coverage shall be primary insurance as respects CITY, it’s officers, officials, employees, agents, and volunteers. Any insurance or self - insurance maintained by the CITY, it’s officers, officials, employees, agents, and volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage f or the higher insurance limits otherwise maintained by the CONTRACTOR.

5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.

7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.

8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.

CONTRACTOR shall comply with, and shall be responsible for causing all contractors and subcontractors performing any of the work pursuant to this Agreement to comply with, all applicable federal and state labor standards, including, to the extent applicable, the prevailing wage requirements promulgated by the Director of Industrial Relations of the State of California Department of Labor. The City makes no warranty or representation concerning whether any of the work performed pursuant to this Agreement constitutes public works subject to the prevailing wage requirements.

9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice.

These addresses shall be used for delivery of service of process.

a. (CONTRACTOR)
Merchants Building Maintenance, LLC
Attention: Connor Haas, Regional Branch Manager
1639-C East Edinger Avenue
Santa Ana, CA 92705
296

b. (Address of CITY) (with a copy to):

City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840

10. CONTRACTOR'S PROPOSAL. This Agreement shall include CONTRACTOR'S proposal or bid which shall be incorporated herein by reference. In the event of any inconsistency between the terms of the proposal and this Agreement, this Agreement shall govern.

11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.

12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement.

Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR’s risk, until written instructions are received from CITY.

13. Time of Essence. Time is of the essence in the performance of this Agreement.

14. Limitations Upon Subcontracting and Assignment . The experience, knowledge, capability, and reputation of CON TRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement.

CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CON TRACTOR is permitted to subcontract any part of this Agreement, CON TRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CON TRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.

15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.

16. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, 297
arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of CONTRACTOR, CONTRACTOR’s agents, officers, employees, subcontractors, or independent contractors hired by CONTRACTOR in the performance of the Agreement. The only exception to CONTRACTOR’s responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence, recklessness and/or wrongful conduct of CITY, or any of its elective or appointive boards, officers, agents, or employees.

This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy l imits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.

17. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.

\ \ \ \

(Agreement Signature Block on Next Page)

298
IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.

Date: _____________ "CITY"

CITY OF GARDEN GROVE

By:___________________________
City Manager
ATTESTED:

____________________________
City Clerk

Date: _______________________
"CONTRACTOR"
Merchants Building Maintenance, LLC

By: ___________________________

Name:__________________________

Title:___________________________

Date: __________________________

Tax ID No. ______________________

Contractor’s License: _____________

Expiration Date:_________________

If CON TRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.

APPROVED AS TO FORM:

____________________________
Garden Grove City Attorney

________________________
Date

299

ATTACHMENT “A”

SCOPE OF WORK
RFP No. S-1363

Provide Full Custodial Services at Six Locations in the City of Garden Grove

SECTION I – SCOPE OF WORK
The City of Garden Grove is seeking qualified contractors with a minimum of five (5) years of experience providing custodial services similar to those requested in this Scope of Work. The qualified contractor selected will furnish all Labor, Materials, and Equipment to provide full custodial services six locations which include: Buena Clinton Family Resource Center, Magnolia Family Resource Center and three Police Sub - Stations in Garden Grove and will be on-call to provide emergency clean-up service at the City Jail Facility on a 24-hour basis.

The initial performance period shall be for three (3) years with the option to extend one (1) year at a time at the sole option of the CITY for a total possible performance period of five (5) years. The contract wil l commence once the contract with the current service provider expires.

Only those proposals that submit pricing on all six (6) locations as well as the Emergency Call Fee for the Jail Facility will be considered! No exceptions!!

SECTION II – GENERAL CONDITIONS
A. City reserves the right to terminate the agreement pursuant to the following provisions:

(1) Whenever the Contractor shall default in performance for the Agreement in accordance with its terms and shall fail to cure such default within a period of ten (10) days after receipt from the City of a notice specifying the default; or

(2) City reserves the right to terminate the Agreement upon thirty (30) days’ notice to Contractor. Any such termination shall be affected by delivery to the Contractor of a Notice of Termination specifying whether termination is for default of the Contractor or for convenience of the City, the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective.

B. The amount due the Contractor by reason of termination shall be the amount Contractor is entitled to for all work and services satisfactorily performed to the date of termination.

300
C. In the event of a partial termination, the portion of the sum, which is, payable with respect to the work under the continued portion of the Agreement shall be equitably adjusted by agreement between the Contractor and the City, and such adjustment shall be evidenced by an amendment to the Agreement.

No subcontractors will be employed by the Contractor unless specifically approved by the City’s Facilities Supervisor. All persons engaged in the work will be employees of the Contractor, and the Contractor will be held directly responsible for their work and supervision.

The Contractor will provide an adequate number of work force to work on a continuous basis with no rotation of staff members.

The Contractor hereby agrees to and shall hold the City, its elective and appointive boards, offices, agents and employees, harmless from any liabili ty for damage or claims from damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor’s or any of subcontractors operations under this agreement.

In view of the policy of the City with respect to endorsement of products, materials or equipment of any manufacturer, the Contactor shall not permit endorsements by photographs or written statements involving the City without prior written approval of the City through the Public Works Department.

All work under this contract shall be inspected by the Custodial Supervisor or his representative, to insure compliance with the specifications.

Since the City cannot be responsible for losses of Contractor’s supplies, tools, or equipment, Contractors are hereby notified of their responsibility for providing proper identification and security for such items at their own expense.

The Contractor shall be responsible for all damages to City property caused by his employees. Such damage shall be repaired promptly by the Contractor to the satisfaction of the City, at no expense to the City.

The Contractor shall be responsible for payment of all of his payrolls, including withholding taxes, social security, unemployment compensation insurance, and for payment of his public liability insurance and employee bonds.

Payment for services shall be made to the Contractor once a month upon submission of an invoice consisting of an original and two copies, properly certified.

The City reserves the right to increase or decrease the cleaning of certain areas as circumstances may require. In the event of increased or decreased cleaning requirements, the Contractor shall submit in writing to the Janitorial Supervisor the change in man-hours of time and the additional cost or credi t to the City. The cost or credit will be expected to be reasonably proportionate to the initial proposal price compared with square footage of cleaning area. When the proposal is accepted by the City, it shall be confirmed by written amendment to the contract. 301
The Contractor shall provide all necessary machines, equipment, tools and labor, etc., as may be necessary to perform the work outlined herein. The Contractor shall deposit all trash in the refuse containers designated by the Building Supervisor.

The City will furnish consumable items such as toilet paper, paper towels, and soap refill for dispenser units, plastic trash container liners, sanitary napkins, toilet seat covers, and urinal deodorant blocks. The Contractor shall be responsible, however , to secure City-supplied items and refill all containers and dispensers; and shall sign out on a log for all City supplies.

The Contractor will furnish all cleaning materials and supplies, such as liquid floor cleaner, disinfectants, floor wax stripper, floor wax, floor sealers, and carpet cleaning materials.

The Contractor will provide a listing of products intended for use, with a copy of the manufacturer’s M.S.D.S. sheets for City approval.

SECTION III – PERSONNEL REQUIREMENTS
The Contractor shall have present on the job at all times during working hours, a competent supervisor and any necessary assistants. Prior to the commencement of work, the Contractor shall submit in writing to the Building Supervisor, for prior approval, the name of the person int ended to be employed as Supervisor for the execution of this contract, along with his qualifications and past experience. The Supervisor shall be required to communicate effectively in the English language, and to report to the Building Supervisor or desi gnee as necessary to review cleaning requirements and deficiencies.

The City reserves the right to execute a background investigation of any employee of this Contractor and to require the Contractor to remove any employee whose actions are considered detrimental to the best interest of the City. The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ or permit to remain on the job, any person he considers unfit.

The successful Contractor shall pro perly identify each employee engaged for this work. Also, the Contractor shall provide each employee with a uniform (shirt or blouse) with the Contractor’s logo and an identification card.

The City will periodically inspect all work performed by the Contractor. Normally, at least a weekly joint inspection shall be conducted by Contractor or his representative and the Building Supervisor or his designee.

Keys for buildings are controlled by the Building Supervisor or his designee at all times. Every effor t shall be exercised by Contractor’s employees to conserve electricity by only lighting areas in which work is currently being performed.

Contractor’s employees shall not disturb papers on desks, open drawers or cabinets, use telephones, televisions, radio s, or computers while on duty. Violations will be grounds for dismissal.
302
For the purposes of coordination and control, the Control must so arrange his employees’ HOLIDAYS, SICK LEAVE, and VACATIONS to conform to City schedules.

SECTION IV – WORKMANSHIP AND HOURS
All work shall be performed Monday through Friday, inclusive, between the hours of 5:30 p.m. and 10:30 p.m. Also, the Contractor shall schedule and arrange his work so he will not interfere with operational functions of the building. To facilitate inspection by the Custodial Supervisor or his designee, the Contractor will maintain a consistent work schedule between the hours of 5:30 p.m. and 10:30 p.m., and prior to commencement of work under this contract, submit a written work schedule to the City’s Building and Custodial Supervisors. At indeterminate times, some areas of the buildings will be occupied and used by employees for after -hours work, and such circumstances shall not alleviate responsibility of required cleaning at a later time.

The City Jail Facility requires that the contractor be available on an on -call 24-hour basis.

SECTION V – WORK STANDARDS
Definition of various operations:

Cleaning: To free from dirt or impurities, removing stains either by hand or with tools from urinals, water closets, sinks, drinking fountains, light fixtures, mirrors, etc.

Buffing: To clean or shine with a floor machine, surfaces such as resilient tiles, terrazzo, wood, slate, etc.

Dusting: To remove surface dust or dirt as from furniture, files, sills, blind s, telephones, vents, grills, lighting fixtures, with properly treated cloths.

Emptying: To remove accumulation of trash or residue from waste containers, ashtrays, receptacles, etc., and deposit in designated containers on the outside of buildings.

Mopping, Damp and Wet: To wash, wipe and remove from floor and stair surfaces to leave acceptably clean.

Polishing: To smooth and brighten as by rubbing with polishing cloth using proper pastes, etc., as surfaces may require, such as brass, furniture, counters, mirrors, etc.

Refill: To replace the contents of a container such as soap, toilet tissue, towel dispensers, etc.

Stripping: This is a colloquial term for removing built -up waxes, seals and other floor dressings, the original natural surface before applying a fresh coat of protective cover to surfaces such as resilient tile, wood, terrazzo, etc. 303
Sweeping: To remove or clear away dirt or debris with a broom or a brush.

Normally all horizontal surfaces subject to foot or wheel usage.

Upholstery Cleaning: As needed.

Vacuum: To clean with a vacuum cleaner. Regular emptying of collector device is important and proper setting of height above surface will improve effectiveness.

Washing: The act or process of making thoroughly clean by moistening, wetting, scrubbing , rinsing, with water plus proper quantities of soap, detergents and disinfectants for various objects and equipment.

Pressure Washing: The use of high -pressure water / cleaning solution to remove mold, dust, grime, mud, chewing gum, and dirt from concrete and building surfaces.

Waxing: To cover or treat with liquid wax or other floor finish in proper quantities over properly prepared surfaces to protect and beautify.

Window Cleaning: The interior building glass shall be cleaned quarterly and spot-cleaned as needed. Reference Section VI offices #7, clean all door glass daily to include all interior office glass, as found on cubicles and interior doors.

NOTE: Contractor’s proposal should also include clarification of how the four main types of floor covering listed below will be maintained:

1. VCT

2. Ceramic Tile

3. Linoleum

4. Carpet

SECTION VI – SQUARE FOOTAGE
The approximate square footage of the locations are as follows however it shall be the Contractor’s sole responsibility to determine and verify the correct square footage of all facilities included in this Request for Proposal.

1. City Jail Facility-proposer responsible to measure during site visit.

2. Police Sub Station Two 760

3. Police Sub Station Four 330

4. Police Sub Station Five 600

5. Buena Clinton Family Resource Center 4,140

6. Magnolia Family Resource Center 2,240

SECTION VII – HOLIDAYS: The City currently observes the following holidays:

New Year’s Day
President’s Day
304
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
Two (2) Work Days – the week between Christmas and New Years

SECTION VIII – FREQUENCY OF OPERATIONS: The Contractor shall be required to schedule his work to insure that the following frequency of operations are adhered to or exceeded:

DAILY
Offices

1. Empty all waste receptacles, trash containers, ashtrays/sand urns

2. Replace liners as necessary.

3. Remove trash to designated area.

4. Vacuum all carpeted floors and walk mats.

5. Sweep and damp mop all hard surface floors.

6. Spot clean all carpet areas as necessary.

7. Clean all door glass inside and out.

8. Clean and polish drinking fountains.

9. Sweep all outside entryways leading into the building.

Restrooms (Men and Women)

1. Empty and clean all waste and trash receptacles. Replace liners.

2. Remove trash to designated areas.

3. Replenish toilet supplies.

4. Empty sanitary napkin containers and replace liners.

5. Clean all bowls, urinals and basins.

6. Clean and disinfect all operating fixtures.

7. Sanitize underside and tops of toilet seats.

8. Clean all mirrors and dispensers.

9. Spot wash walls, toilet partitions, door kick plates, push plates.

10.Sweep and wet mop floors with disinfectant.

Lunchroom, Coffee Area

1. Empty all waste receptacles.

2. Empty and clean coffee pots.

3. Clean sink/fixtures, countertops and cabinet exteriors.

4. Wash any spillage off appliances and vending machines.

5. Wash all tables and chairs.

6. Refill all dispensers.

7. Sweep and damp mop floors.

305
WEEKLY
Offices

1. Dust all furniture, file cabinets, window sills, door frames, pictures.

2. Clean entry door jambs and thresholds. Damp mop base boards.

3. Clean and disinfect all telephone handsets.

4. Remove all marks from all interior walls and wall switches.

Restrooms

1. Wash toilet partitions, walls, doors and jambs.

2. Machine scrub tile floors with disinfectant.

Lunchroom, Coffee Area, Lobby

1. Wet mop, remove all scuff marks on all vinyl floors.

2. Refinish and polish all vinyl floors as necessary to maintain a high gloss finish.

3. Remove all marks from all interior walls and switches.

MONTHLY

1. Vacuum all carpet areas and walk mats.

2. Spot clean carpet as necessary.

3. Clean carpet by the hot water extraction method.

4. Dust all overhead light fixtures, air vents/grills.

5. Dust all artificial plants.

6. Polish all bright metal work and plumbing fixtures.

NOTE: Contractor shall specify in their proposal, the method used to clean the light fixtures and the frequency of the cleaning if other than monthly will be performed.

QUARTERLY

1. Sweep, wash and wax all resilient floors.

2. Vacuum all upholstery furniture and partitions.

3. Wash all plastic, wood window coverings.

SEMI-ANNUALLY

1. Strip and wax resilient tile floors.

2. Pressure wash patio / activity area at the Buena Clinton Family Resource Center.

306

CURRENT CITY JAIL FACILITY REQUIREMENTS

Please note that the City Jail Facility has the following special requirements that must be met.

1. The jail facility is to be cleaned twice a day on weekdays at 9:00 a.m. and 6:00 p.m., but the City is flexible on the hours.

2. The jail facility is to be clean ed once a day on the weekends at 9:00 a.m. but the City is flexible on the hours.

3. In addition to normal cleaning of floors and furniture, the walls must be sprayed and wiped down with a special chemical that kills HIV, HEPATITIS C, AIDS, etc.

4. The contractor must respond at various times during the day and night for cleanup of bodily fluids and waste and dispose of same (hazmat type call).

5. Floors should be waxed every six (6) months.

6. For security purposes, the same crew or person must be assigned to the jail facility all of the time to avoid to need to conduct security checks on each person before they are allowed into the jail facility.

7. One of the City’s employees is highly allergic to normal floor cleaners that may be used, therefore, the City rese rves the right to request special cleaners to accommodate this issue. The Contractor must be flexible in this area and comply with this request. The current products being used can be shared with the contractor if requested.

8. A supervisory contact that ca n be reached 24/7 is required, if a problem should arise. Immediate response from this individual is required. If the issue can be handled via telephone or a staff member can respond to the issue versus the supervisor, which will be acceptable. The first attempt to make contact would be to the staff prior to calling the supervisor.

SECTION IX – CUSTODIAL SERVICE LOCATIONS

1. City Jail Facility: 11301 Acacia Parkway

2. Police Sub Station 2: 12821 Western Avenue

3. Police Sub Station 4: 9755 Bixby Avenue

4. Police Sub Station 5: 12395 Lewis Street

5. Buena Clinton Family Resource Center: 12661 Sunswept Avenue

6. Magnolia Family Resource Center: 11402 Magnolia Street

NEW POLICE DEPARTMENT AND DETENTION FACILITY (2026)

During this agreement, the City is anticipating opening its new Police Department facility, including the new detention facility, which is currently under construction and is scheduled to open in mid to late 2026.

Once the new detention facility is open, a contractor will be needed to provide custodial services in the new jail facility and services at the old jail facility will stop. 307
Since the new facility is still under construction, the custodial needs are subject to change and the future needs could differ from that of the current facility so the scope of work is not available at this time.

The City reserves the right to amend the agreement that is awarded under this solicitation to add/negotiate the new Police Department and Detention Facility to the scope of work of the agreement at the sole opti on of the City. The decision may be based on one or more factors such as: contractor performance, available funds in the budget, and whether the addition is mutually agreed upon by both the CITY and CONTRACTOR.

The City may also elect to bid out the custodial services at the new Police Department and Detention Facility at its sole option and not include it as part of the existing agreement.

The City maintains the right to modify the scope of work during the term of this agreement as the need arises, and seek cost adjustments as appropriate for janitorial services related to this new facility.

308
17 ATTACHMENT “B”
RFP NO. S-1363: CUSTODIAL SERVICES
BEST AND FINAL OFFER/PROPOSAL PRICING (PAGE 1 of 3)

THE HONORABLE MAYOR AND CITY COUNCIL

CITY OF GARDEN GROVE
11222 ACACIA PARKWAY
GARDEN GROVE, CALIFORNIA 92840
To: THE HONORABLE MAYOR AND CITY COUNCIL: The undersigned having carefully examined the Plans and Specifications to: Provide Full Custodial Services at Six Locations in the City of Garden Grove. HEREBY PROPOSE to furnish all labor, materials and transportation, and do all the work required to complete work in accordance with the Scope of Work.

ATTACHMENT “B”

PROPOSAL PRICING

CUSTODIAL SERVICES FOR THE CITY OF GARDEN GROVE

LOCATION ADDRESS
FY One
Monthly Cost
7/1/25-
6/30/26
FY Two
Monthly Cost
7/1/26-
6/30/27
FY Three
Monthly Cost
7/1/27-
6/30/28

1.Magnolia Family
Resource Center
11402 Magnolia
Street $ $ $

2.City Jail Facility 11301 Acacia
Parkway $ $ $

3.Police Sub Station
Two
12821 Western
Avenue $ $ $

4.Police Sub Station
Four
9755 Bixby
Avenue $ $ $

5.Police Sub Station
Five
12395 Lewis
Street $ $ $

6.Buena Clinton
Family Resource
Center
12661 Sunswept
Avenue $ $ $
TOTAL

MONTHLY
COST
(Total of Lines
1-6 above) $ $ $

TOTAL ANNUAL
COST
(Total Monthly
Cost X 12) $ $ $
Emergency Call Jail
Facility Clean-Up Fee $_____________ Per___________
The Emergency Call Jail Facility Clean-Up Fee is a mandatory fee and requires a response or the proposal will be deemed as non-responsive.
587.49 600.41 613.62
2,141.46 2,188.57 2,236.72
253.23 258.80 264.50
253.23 258.80 264.50
253.23 258.80 264.50
1,006.24 1,028.38 1,051.00
4,494.88 4,593.77 4,694.83
53,938.54 55,125.19 56,337.95
118.00 call
309
18 ATTACHMENT “B”
RFP NO. S-1363: CUSTODIAL SERVICES
BEST AND FINAL OFFER/PROPOSAL PRICING (PAGE 2 of 3)
Attachment “B” (PROPOSAL PRICING) must be uploaded to the City’s Planet Bids portal as be uploaded as one PDF file on the City’s Planet Bids portal under “General Attachments”. The Proposal pricing shall be valid for 120 calendar days from the date stipulated in the RFP for receipt of Proposals. If this offer is accepted within that time period, the Proposer agrees to furnish all services as stipulated in the RFP and any accompanying addenda. Pricing must be guaranteed for the initial three year term of the contract.

PLEASE PROVIDE ANY ADDITIONAL COSTS ASSOCIATED WITH PROVIDING SERVICES THAT ARE NOT ALREADY INCLUDED IN ATTACHMENT “B” Please provide a cost break down of how these additional costs are calculated.

It is understood and agreed that:
a) No verbal agreement or conversation with any officer, agent or employee of CITY, either before or after the execution of the Agreement shall affect or modify any of the terms or obligations of this Proposal.
b) CITY will not be responsible for any errors or omissions on the part of the undersigned in formulating the proposed prices, nor will Proposer be given relief on account of error.
c) The undersigned hereby certifies that this Proposal is genuine and is not sham or collusive, or made in the interest or on behalf of any person not herein named, and that the undersigned has not directly or indirectly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from proposing, and that the undersigned has not in any manner sought, by collusion, to secure for himself an advantage over any other proposer. d) The undersigned is licensed in accordance with the Laws of the State of California. e) All proposals shall be signed in ink by the president, chief executive officer, or individual authorized to act on behalf of the company, with current Power of Attorney if applicable. The name and mailing address of the individual making the proposal must be provided.
310
19 ATTACHMENT “B”
RFP NO. S-1363: CUSTODIAL SERVICES
BEST AND FINAL OFFER/PROPOSAL PRICING (PAGE 3 of 3)
Check below where appropriate:

Partnership: That are
partners, doing business under the firm name of and
that the co-partnership makes the accompanying proposal.

Individual: That is the
bidder and makes the accompanying proposal.

COMPANY NAME: _______________________________
BIDDERS NAME: ________________________________
EMAIL ADDRESS: _______________________________
PHONE NUMBER: _______________________________
___

AUTHORIZED SIGNATURE DATE
Merchants Building Maintenance
Merchants Building Maintenance
[email protected]
626-755-0190
06/20/2025
311
Item 268/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 8/12/2025

Subject: Authorization for the issuance of a purchase order to Alan’s Lawn and Garden Center, Inc. for the purchase of small equipment and small equipment parts on an as-needed basis. (Cost: $80,000/year)(Action Item)

OBJECTIVE

For the City Council to authorize a purchase order to Alan’s Lawn and Garden Center, Inc., for the purchase of small equipment and small equipment parts on an as-needed basis.

BACKGROUND

The Public Works Department Vehicle Maintenance Section is responsible for providing safe and reliable vehicles and equipment for all City departments. In order to maintain City vehicles and equipment, the Vehicle Maintenance Section has a need for a reliable source for various small equipment and small equipment parts.

DISCUSSION

Invitation For Bids (IFB) No. S-1366 was released on the City’s Planet Bids portal for small equipment and small equipment parts on an as -needed basis on March 17, 2025. The City did not receive any bids for the solicitation. Per section 5.5 of the City of Garden Grove’s Purchasing Manual, when no bids or proposals are received through the formal or informal bidding procedure, the goods or services may be secured by negotiated contract. Public Works staff reached out to Alan’s Lawn and Garden Center, Inc., to negotiate pricing for the small equipment and small equipment parts needed for daily operations. Alan’s Lawn and Garden Center was selected since they are a reliable local source with competitive pricing for all parts needed by the City.

FINANCIAL IMPACT

The annual cost of Alan’s Lawn and Garden Center, Inc. contract is $80,000, and will be funded from the Public Works Department Vehicle Maintenance Section’s adopted operating budget.
312
Item 268/2025

Page 2 of 2 ends

RECOMMENDATION

It is recommended that the City Council:
 Authorize the Finance Director to issue a purchase order for $80,000, per fiscal year, for five (5) fiscal years, to Alan’s Lawn and Garden Center, Inc., for the purchase of small equipment and small equipment parts on an as-needed basis.

By: Steve Sudduth, Equipment Maintenance Supervisor

ATTACHMENT

Quote

313
GENERATED 5/01/2025 AT 11:12:22 AM BY Marco Avila | CREATED 05/01/2025 11:12:09 AM 1 of 2 Alan's Lawn & Garden
Center, Inc.

Santa Ana
4621 W 1st St
Santa Ana, CA 92703
(714) 775-1250
Quote 82120
CREATED 05/01/2025
VALID UNTIL 05/31/2025
SALESPERSON Marco Avila
[email protected]

SHIP TO

CITY OF GARDEN GROVE
AP DEPT SUBJECT: INVOICE SUBMISSION
P O BOX 307
GARDEN GROVE, CA 92842
(714) 580-7058
BILL TO (#1303476)

CITY OF GARDEN GROVE
AP DEPT SUBJECT: INVOICE SUBMISSION
P O BOX 307
GARDEN GROVE, CA 92842
(714) 580-7058
CUST PO CONTACT PATRICK (714) 580-7058 (714) 580-7058 SHIP OUT Will Call DROP SHIP No
# PART DESCRIPTION QTY RATE DISC NET EXT
1 308H (PWRT) 1.00 1,155.00 138.60(12.00%) 1,016.40 1,016.40 2 SRM-2620TC***OUT OF STOCK (ECH) 25.4 CC PRO TORQUE TRIMMER 1.00 399.99 80.00(20.00%) 319.99 319.99 3 HCS-2810C (ECH) 21.2 CC 28" SS HEDGE TRIMMER 1.00 599.99 120.00(20.00%) 479.99 479.99 4 4180 120 0618 (STI) CARBURETOR (FS91&111rx) (Bin: K2-C1) 1.00 53.49 5.35(10.00%) 48.14 48.14 5 4226 121 2700 (STI) CAP (Bin: O1-B1) 1.00 4.49 0.45(10.02%) 4.04 4.04 6 4180 190 4002 (STI) REWIND STARTER (Bin: LW3-F) 1.00 38.49 3.85(10.00%) 34.64 34.64 7 4180 790 1314 (STI) Control handle * 1.00 64.99 6.50(10.00%) 58.49 58.49 8 4002 820 2302 (STI) AUTOCUT 27-2 Single (Bin: S-1-I) 1.00 30.99 4.65(15.00%) 26.34 26.34 9 16100-Z8S-WA1 (HON) CARBURETOR (BE70U A) * 1.00 31.85 3.19(10.02%) 28.66 28.66 10 28400-Z4M-306ZB (HON) STARTER ASSY. *R280* (Bin: S-1-A) 1.00 18.54 1.85(9.98%) 16.69 16.69 11 311 (PWRT) Guard Assy Complete (Bin: PR-302-14) 1.00 49.90 4.99(10.00%) 44.91 44.91 12 5061 (ROT) PREMIUM BELT 1/2" X 28" (Bin: BELT-
B-04)

1.00 9.25 1.39(15.03%) 7.86 7.86
13 352 (PWRT) Side Bracket Assy (Bin: PR-303-11) * 1.00 278.00 27.80(10.00%) 250.20 250.20

PAYMENT DETAILS DATE AMT

COMMENTS SUBTOTAL 2,734.97
DISCOUNTS -398.62
TAXABLE SUBTOTAL 2,336.35
TAX 216.11
TOTAL 2,552.46
PAYMENTS 0.00
BALANCE DUE 2,552.46
BUYER ACCEPTANCE: DATE:

SELLER ACCEPTANCE: DATE:
314
GENERATED 5/01/2025 AT 11:12:22 AM BY Marco Avila | CREATED 05/01/2025 11:12:09 AM 2 of 2 Items returned within 30 days of purchase with original invoice are subject to a 30% restocking fee. Special order items are only returnable with factory "ok", plus a 30% restocking fee and return freight. Special order items not picked up after 30 days will be placed back in inventory, a 30% restocking fee and inbound shipping are charged. No returns on electrical parts.

Signers warrant authority to execute this sales order on behalf of customer. 315
Item 273/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: August 12, 2025

Subject: Authorization for the issuance of a purchase order to Coastline Equipment for the purchase of two (2) new John Deere backhoes. (Cost: $330,617.40) (Action Item)

OBJECTIVE

To secure City Council authorization to purchase two (2) new John Deere backhoes from Coastline Equipment through the Sourcewell competitive bid program, Contract #011723 - JDC.

BACKGROUND

The Public Works Department has two (2) backhoes that meet the City’s replacement guidelines and were approved through the Fiscal Year 2025-26 budget process. The equipment being replaced are two (2) 2007 New Holland backhoes with 3950 hours, Serial# 31061560, and 1881 hours, serial#31061561.

DISCUSSION

Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends piggybacking on the results of a recent Sourcewell competitive bid program, Contract #011723-JDC. The results deemed Coastline Equipment as the lowest responsive bid.

Coastline Equipment (2 backhoes) $330,617.40*

* This price includes all applicable tax and destination charges.

FINANCIAL IMPACT

Total cost to purchase the two John Deere backhoes is $330,617.40. Funding is available in the Fleet Management internal service fund’s Fiscal Year 2025 -26 adopted budget. The surplus vehicles will be sold at public auction, and proceeds will be deposited in the Fleet Management fund.
316
Item 273/2025

Page 2 of 2 ends

RECOMMENDATION

It is recommended that the City Council:

 Authorize the Finance Director to issue a purchase order in the amount of $330,617.40 to Coastline Equipment for the purchase of two (2) new backhoes.

By: Steve Sudduth, Equipment Maintenance Supervisor

ATTACHMENTS

1. Coastline Equipment Backhoe Quote

2. Vehicle Information

317
Salesperson : X____________ Accepted By : X ____________ Confidential
SourceWell Contract011723-JDC Quote Id: 30956025
Created On: 14 May 2024
Expiration Date: 29 August 2025
Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE 320 P-Tier Backhoe
Loader
$ 240,131.00 $ 152,008.00 X 1 = $ 152,008.00
JOHN DEERE 320 P-Tier Backhoe
Loader
$ 240,131.00 $ 152,008.00 X 1 = $ 152,008.00
Equipment Total $ 304,016.00
Trade In Total $ 0.00
Quote Summary
Equipment Total $ 304,016.00
Trade In
SubTotal $ 304,016.00
Sales Tax - (8.75%) $ 26,601.40
Est. Service Agreement Tax
Total $ 330,617.40
Balance Due $ 330,617.40
Quote Summary
Prepared For Prepared By

CITY OF GARDEN GROVE
13802 NEWHOPE ST
GARDEN GROVE, CA 92843
Business: 714-741-5390
Email: [email protected]

KENNETH HAMMOND
Coastline Equipment Company
6242 N Paramount Blvd Bldg A
Long Beach, CA 90805
Phone: 562-272-7400
[email protected]
318

Selling Equipment
Quote Id: 30956025 Customer: CITY OF GARDEN GROVE
Confidential
JOHN DEERE 320 P-Tier Backhoe Loader
Suggested List
$ 240,131.00
Selling Price
$ 152,008.00
Hours:

Stock Number:

Code Description Qty Unit Extended
17C0T 320 P-tier Backhoe Loader 1 $ 171,604.00 $ 171,604.00 Standard Options - Per Unit
183E JDLink™ 1 $ 0.00 $ 0.00
0202 United States 1 $ 0.00 $ 0.00
0259 English 1 $ 0.00 $ 0.00
0351 Translated Text Labels 1 $ 0.00 $ 0.00
1002 Canopy (ROPS/FOPS) 1 $ 0.00 $ 0.00
3009 Autoshift Transmission - Mechanical
Front Wheel Drive (MFWD) with
Limited Slip Differential
1 $ 0.00 $ 0.00
4006 John Deere 4.5L - FT4/Stage IV 1 $ 0.00 $ 0.00
5255 Galaxy 550 Radial - 500/70R24 Rear
& 340/80R18 Front
1 $ 3,388.00 $ 3,388.00
6152 Single Battery with Disconnect and
Jump Post
1 $ 0.00 $ 0.00
6577 1250 lb. (567 kg.) Front
Counterweight
1 $ 1,967.00 $ 1,967.00
6752 Extendible Dipperstick 1 $ 9,138.00 $ 9,138.00
7002 Auxiliary Hydraulics with One & Two
Way Flow (Hammer &
Thumb/Swinger)
1 $ 5,394.00 $ 5,394.00
7028 Pilot Controls, Two Lever, with
Pattern Selection
1 $ 3,042.00 $ 3,042.00
7040 Three-Function Loader Hydraulics,
Single Lever
1 $ 3,570.00 $ 3,570.00
7700 Less Coupler - Less Thumb 1 $ 0.00 $ 0.00
7800 Less Backhoe Bucket with Bucket
Pins
1 $ 0.00 $ 0.00
7861 Multi-Purpose Bucket 1 $ 12,770.00 $ 12,770.00
8075 Diagnostic Oil Sampling Ports 1 $ 457.00 $ 457.00
8096 Premium Mirror Option - Exterior
Rear View Mirrors (2) and Front View
Mirror (1)
1 $ 202.00 $ 202.00
8146 Left Side Console Storage with Cup
Holders
1 $ 88.00 $ 88.00
8165 Auto Ride Control 1 $ 2,551.00 $ 2,551.00
319

Selling Equipment
Quote Id: 30956025 Customer: CITY OF GARDEN GROVE
Confidential
8209 Seat, Vinyl Air-Suspension 1 $ 535.00 $ 535.00
8226 Strobe Light with Magnetic Mount 1 $ 642.00 $ 642.00 Standard Options Total $ 43,744.00
Dealer Attachments
AT186288 Slow Moving Vehicle Emblem 1 $ 115.00 $ 115.00 MST Factory Freight 1 $ 6,500.00 $ 6,500.00
PDI Pre-Delivery Get Ready Local
Delivery
1 $ 3,750.00 $ 3,750.00
JB30 Epiroc 30" Jaw Bucket 1 $ 12,025.00 $ 12,025.00
CB12 Epiroc 12" Cemetery Bucket 1 $ 2,393.00 $ 2,393.00 Dealer Attachments Total $ 24,783.00
Suggested Price $ 240,131.00
Customer Discounts
Customer Discounts Total $ -88,123.00 $ -88,123.00
Total Selling Price $ 152,008.00
JOHN DEERE 320 P-Tier Backhoe Loader
Suggested List
$ 240,131.00
Selling Price
$ 152,008.00
Hours:

Stock Number:

Selling Equipment
Quote Id: 30956025 Customer: CITY OF GARDEN GROVE
Confidential
6152 Single Battery with Disconnect and
Jump Post
1 $ 0.00 $ 0.00
6577 1250 lb. (567 kg.) Front
Counterweight
1 $ 1,967.00 $ 1,967.00
6752 Extendible Dipperstick 1 $ 9,138.00 $ 9,138.00
7002 Auxiliary Hydraulics with One & Two
Way Flow (Hammer &
Thumb/Swinger)
1 $ 5,394.00 $ 5,394.00
7028 Pilot Controls, Two Lever, with
Pattern Selection
1 $ 3,042.00 $ 3,042.00
7040 Three-Function Loader Hydraulics,
Single Lever
1 $ 3,570.00 $ 3,570.00
7700 Less Coupler - Less Thumb 1 $ 0.00 $ 0.00
7800 Less Backhoe Bucket with Bucket
Pins
1 $ 0.00 $ 0.00
7861 Multi-Purpose Bucket 1 $ 12,770.00 $ 12,770.00
8075 Diagnostic Oil Sampling Ports 1 $ 457.00 $ 457.00
8096 Premium Mirror Option - Exterior
Rear View Mirrors (2) and Front View
Mirror (1)
1 $ 202.00 $ 202.00
8146 Left Side Console Storage with Cup
Holders
1 $ 88.00 $ 88.00
8165 Auto Ride Control 1 $ 2,551.00 $ 2,551.00
8209 Seat, Vinyl Air-Suspension 1 $ 535.00 $ 535.00
8226 Strobe Light with Magnetic Mount 1 $ 642.00 $ 642.00 Standard Options Total $ 43,744.00
Dealer Attachments
AT186288 Slow Moving Vehicle Emblem 1 $ 115.00 $ 115.00 MST Factory Freight 1 $ 6,500.00 $ 6,500.00
PDI Pre-Delivery Get Ready Local
Delivery
1 $ 3,750.00 $ 3,750.00
JB30 Epiroc 30" Jaw Bucket 1 $ 12,025.00 $ 12,025.00
CB12 Epiroc 12" Cemetery Bucket 1 $ 2,393.00 $ 2,393.00 Dealer Attachments Total $ 24,783.00
Suggested Price $ 240,131.00
Customer Discounts
Customer Discounts Total $ -88,123.00 $ -88,123.00
Total Selling Price $ 152,008.00
321
322
Vehicle Information

2007 New Holland backhoe with 3,951 Hours Serial# 31061560 2007 New Holland backhoe with 1,881 Hours Serial# 31061561

323
Item 270/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: William E. Murray
Dept:

City Manager Dept: Public Works
Date: 8/12/2025

Subject: Authorization for the issuance of a purchase order to Olathe Ford Inc. for the purchase of five (5) police patrol vehicles, two (2) police administration vehicles, and one (1) gang unit vehicle. (Cost:$ 436,948.48)(Action Item)

OBJECTIVE
To secure City Council authorization to purchase five (5) new police patrol vehicles, two (2) police administration vehicles, and one (1) Gang Unit vehicle from Olathe Ford Inc., through the Sourcewell competitive bid program, contract #032824-OLA.

BACKGROUND

The Police Department has several patrol vehicles , one gang unit vehicle, and two administrative vehicles that meet the City’s replacement guidelines and were approved through the Fiscal Year 2025-26 budget process. The five patrol vehicles will be held in reserve to replace patrol vehicles that reach the end of their useful life.

DISCUSSION

Efforts to obtain a quote from a local Ford dealer were unsuccessful, as there are no Ford dealers within city limits.

Sourcewell nationally solicits, evaluates and awards contracts through a competitive bid process. As a member of Sourcewell, the City is able to utilize bid awards for equipment purchases. Staff recommends piggybacking on the results of a recent Sourcewell competitive bid program, contract# 032824-OLA. The results of this bid process deemed Olathe Ford Inc., as lowest responsive bid.

Olathe Ford Inc. $55,249.31 each*
(5 police patrol vehicles)

Olathe Ford Inc. $53,487.56 each* (2 police administration vehicles)
324
Item 270/2025

Page 2 of 2 ends

Olathe Ford Inc. $53,726.81 each* (1 police gang unit vehicle)

* This price includes all applicable tax and destination charges.

FINANCIAL IMPACT

Total cost to purchase the eight Police Department vehicles is $436,948.48 . Funding is available in t he Fleet Management internal service f und’s Fiscal Year 2025 -26 adopted budget. The surplus vehicles will be sold at public auction, and proceeds will be deposited in the Fleet Management fund.

RECOMMENDATION

It is recommended that the City Council:

 Authorize the Finance Director to issue a purchase order in the amount of $436,948.48 to Olathe Ford Inc. for the purchase of five (5) police patrol vehicles, two (2) police administration vehicles, and one (1) gang unit vehicle.

By: Steve Sudduth, Public Works Supervisor

ATTACHMENT(S)

1. Olathe Ford Patrol PIU's Quote

2. Olathe Ford PIU’s Admins

3. Olathe Ford Gang unit quote

4. Vehicle Information

325
Purchase Order / Quote
OLATHE FORD SALES INC Date 7/6/2025
SANDRA GONZALEZ Valid Until 8/6/25
GOVERNMENT MANAGER Contract SOURCEWELL - 032824
DIRECT - 913-312-5371 PO
Lead Time 12-16 WEEKS
Customer: Invoice Address: Delivery Address:

GARDEN GROVE Same

STEVE SUDDETH
Description - Vehicle Preview Details Line Total
2026 FORD POLICE INTERCEPTOR UTILITY - PATROL $46,845.00 K8A0 POLICE INTER UTILITY AWD.119 INCH WHEELBASETOTAL BASE VEHICLEAGATE BLACK METALLICCLOTH BUCKETS/VINYL REAR SEATSONYX INTERIOREQUIPMENT GROUP 500A.FM STEREO3.3L TI-VCT V6 ENGINE10-SPEED AUTO TRANSMISSIONHID PLUNG W/R HNDL INOPERABLEFORD FLEET SPECIAL ADJUSTMENT50 STATE EMISSIONSSPOT LAMP LED DUAL - WHELEN KEYED ALIKE -KEY CODE 1284XNOISE SUPPRESSION BOND STRAPSREAR DR HNDL AND LOCKS INOPRDEFLECTOR PLATEREAR CONSOLE MOUNTING PLATE¼ SIZE PICTURE IN PICTUREFRONT LICENSE PLATE BRACKET BLACK AND WHITE $1,400.00
FACTORY OPTION TOTAL$1,590.00
Subtotal less trade-in$49,835.00
Special Notes and Instructions Sales Tax8.75% $4,360.56 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION, TAXES AND TITLINGQUOTES ARE ONLY VALID UNTIL CURRENT MODEL YEAR ORDER BANK CLOSES. OLATHE FORD RESERVES THE RIGHT TO CHARGE CUSTOMER FOR FLOORPLAN IF UPFITTING TAKES AN EXCESSIVE AMOUNT OF TIME. PAYMENTS FOR VEHICLES MUST BE MADE WITHIN 30 DAYS OF INVOICE OR OLATHE FORD RESERVES THE RIGHT TO CHARGE FLOORPLAN INTEREST FOR EACH DAY INVOICE IS OVERDUE Tire Tax 0 $8.75
Extended Warranty$0.00
Flooring $0.00
Delivery $650.00
Docs & Registration$395.00
Total Per Unit$55,249.31
Quantity of Units 5
PO Total$276,246.56
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

Signature
Print Name
Date
If you have any questions concerning this quote, contact Sandra Gonzalez Thank you for your business!
1845 E SANTA FE, OLATHE, KS 66062
505-850-5504 - [email protected]
326
Purchase Order / Quote
OLATHE FORD SALES INC Date 7/6/2025
SANDRA GONZALEZ Valid Until 8/6/25
GOVERNMENT MANAGER Contract SOURCEWELL - 032824
DIRECT - 913-312-5371 PO
Lead Time 12-16 WEEKS
Customer: Invoice Address: Delivery Address:

GARDEN GROVE Same

STEVE SUDDETH
Description - Vehicle Preview Details Line Total
2026 FORD POLICE INTERCEPTOR UTILITY - K8A - UNDERCOVER BUILDS $46,895.00 K8A0 POLICE INTER UTILITY AWD.119 INCH WHEELBASETOTAL BASE VEHICLESILVER GREY METALLICCLOTH BUCKETS/CLOTH REAR SEATSONYX INTERIOREQUIPMENT GROUP 500A.FM STEREO3.3L TI-VCT V6 ENGINE10-SPEED AUTO TRANSMISSIONFORD FLEET SPECIAL ADJUSTMENTBADGE DELETEGLOBAL LOCK/UNLOCK50 STATE EMISSIONSNOISE SUPPRESSION BOND STRAPS CARGO VAULT18" PAINTED ALUMINUM WHEELSPOLICE UPGRADE PACKAGE.1ST AND 2ND ROW CARPET FLRFRONT HEADLAMP LIGHT SOLUTIONDEFLECTOR PLATEFRONT CNSL MOUNTING PLATE -DELFRONT LICENSE PLATE BRACKETKEYED ALIKE 1284X

SILVER GRAY AND BLACK
FACTORY OPTION TOTAL$1,320.00
Subtotal less trade-in$48,215.00
Special Notes and Instructions Sales Tax8.75% $4,218.81 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION, TAXES AND TITLINGQUOTES ARE ONLY VALID UNTIL CURRENT MODEL YEAR ORDER BANK CLOSES. OLATHE FORD RESERVES THE RIGHT TO CHARGE CUSTOMER FOR FLOORPLAN IF UPFITTING TAKES AN EXCESSIVE AMOUNT OF TIME. PAYMENTS FOR VEHICLES MUST BE MADE WITHIN 30 DAYS OF INVOICE OR OLATHE FORD RESERVES THE RIGHT TO CHARGE FLOORPLAN INTEREST FOR EACH DAY INVOICE IS OVERDUE Tire Tax 0 $8.75
Extended Warranty$0.00
Flooring $0.00
Delivery $650.00
Docs & Registration$395.00
Total Per Unit$53,487.56
Quantity of Units 2
PO Total$106,975.13
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

Signature
Print Name
Date
If you have any questions concerning this quote, contact Sandra Gonzalez Thank you for your business!
1845 E SANTA FE, OLATHE, KS 66062
505-850-5504 - [email protected]
327
Purchase Order / Quote
OLATHE FORD SALES INC Date 7/6/2025
SANDRA GONZALEZ Valid Until 8/6/25
GOVERNMENT MANAGER Contract SOURCEWELL - 032824
DIRECT - 913-312-5371 PO
Lead Time 12-16 WEEKS
Customer: Invoice Address: Delivery Address:

GARDEN GROVE Same

STEVE SUDDETH
Description - Vehicle Preview Details Line Total
2026 FORD POLICE INTERCEPTOR UTILITY - PATROL $46,845.00 K8A0 POLICE INTER UTILITY AWD.119 INCH WHEELBASETOTAL BASE VEHICLEAGATE BLACK METALLICCLOTH BUCKETS/VINYL REAR SEATSONYX INTERIOREQUIPMENT GROUP 500A.FM STEREO3.3L TI-VCT V6 ENGINE10-SPEED AUTO TRANSMISSIONHID PLUNG W/R HNDL INOPERABLEFORD FLEET SPECIAL ADJUSTMENT50 STATE EMISSIONSSPOT LAMP LED DUAL - WHELEN KEYED ALIKE -KEY CODE 1284XNOISE SUPPRESSION BOND STRAPSREAR DR HNDL AND LOCKS INOPRDEFLECTOR PLATEREAR CONSOLE MOUNTING PLATE¼ SIZE PICTURE IN PICTUREFRONT LICENSE PLATE BRACKET BLACK
FACTORY OPTION TOTAL$1,590.00
Subtotal less trade-in$48,435.00
Special Notes and Instructions Sales Tax8.75% $4,238.06 MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION, TAXES AND TITLINGQUOTES ARE ONLY VALID UNTIL CURRENT MODEL YEAR ORDER BANK CLOSES. OLATHE FORD RESERVES THE RIGHT TO CHARGE CUSTOMER FOR FLOORPLAN IF UPFITTING TAKES AN EXCESSIVE AMOUNT OF TIME. PAYMENTS FOR VEHICLES MUST BE MADE WITHIN 30 DAYS OF INVOICE OR OLATHE FORD RESERVES THE RIGHT TO CHARGE FLOORPLAN INTEREST FOR EACH DAY INVOICE IS OVERDUE Tire Tax 0 $8.75
Extended Warranty$0.00
Flooring $0.00
Delivery $650.00
Docs & Registration$395.00
Total Per Unit$53,726.81
Quantity of Units 1
PO Total$53,726.81
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.

Please confirm your acceptance of this quote by signing this document, and returning your PO.

2014 Ford Explorer with 82,000 miles VIN# 1FM5K8AR9EGA80789 2015 Ford Explorer with 97,000 miles VIN# 1FM5K8AR8FGC67149 2020 Ford Explorer with 117,000 miles VIN# 1FM5K8AW2MNA11779

329
Item 285/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Omar Sandoval
Dept:

City Manager Dept: City Attorney
Date: 8/12/2025

Subject: Introduction and First Reading of an Ordinance amending Chapter 8.02 of the Municipal Code to prohibit outdoor advertising of alcoholic beverages near schools, parks, and areas frequented by children, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING CHAPTER 8.02 OF TITLE 8, OF THE GARDEN GROVE MUNICIPAL CODE, REVISING ITS TITLE AND ADDING SECTION 8.020.020 FOR THE

PURPOSE OF RESTRICTING OUTDOOR ADVERTISING OF ALCOHOLIC

BEVERAGES NEAR SCHOOLS, PARKS, AND OTHER AREAS FREQUENTED BY CHILDREN. (Action Item)

OBJECTIVE

For the City Council to introduce an ordinance prohibiting the outdoor advertising of alcoholic beverages near schools, parks, and other areas frequented by children.

BACKGROUND

Following an event where an alcoholic beverage company painted a mural across from an elementary school advertising their alcoholic products, at the request of Councilmember Muñetón, the City Council authorized the City Attorney to prepare an ordinance to prohibit the outdoor advertising of alcoholic beverages near schools, parks, and other areas frequented by children.

DISCUSSION

Numerous studies, including those conducted and reported by the National Institute on Alcohol Abuse and Alcoholism and the U.S. Center for Disease Control and Prevention, have shown that greater exposure of children to signage promoting the consumption of alcohol leads to greater incidence of underage drinking and accelerates the onset and frequency of alcohol use among adolescen ts. Underage drinking negatively impacts youth and the community overall by contributing to higher levels of accidents and injuries, impaired judgment, interference with brain development, increased risk of interpersonal violence, 330
Item 285/2025

Page 2 of 2 ends

academic and behavioral problems in school, and higher rates of future illicit drug use and alcoholism.

Although advertising displays are a form of speech, commercial speech regulation is subject to lesser scrutiny by the courts than noncommercial speech. Courts have further he ld that commercial speech that proposes an unlawful transaction or is misleading or related to unlawful activity is excluded from First Amendment protection and may be freely regulated by the government . Underage drinking is illegal, and the City Council has a substantial interest protecting minors from illegal activity.

The attached ordinance amends Chapter 8.02 of the Garden Grove Municipal Code, which currently prohibits commercial advertisements for unlawful activities in general to rename the chapter, continue to prohibit commercial advertisements for unlawful activities and uses, and to add a new section to specifically restrict the advertising of alcoholic beverages to youth.

The new regulations will prohibit any advertising of alcoholic beverages on a sign, billboard, or display that is within 500 feet of a school, playground, recreation center or facility, child care center, or library , or that is more than 500 feet and the display face and its advertisement are clearly visible from a school, playground, recreation center or facility, child care center, or library.

RECOMMENDATION

It is recommended that the City Council:

 Introduce and conduct the first reading of the ordinance amending Chapter

8.02 of the Garden Grove Municipal Code prohibiting t he outdoor advertising of alcoholic beverages near schools, parks, and areas frequented by children, and pass it to second reading and adoption.

ATTACHMENT(S)

1. Studies linking alcohol advertising to negative outcomes in youth

2. Draft Ordinance

331
4915-7046-4858, v. 1
Studies Linking Alcohol Advertising to Negative Outcomes in Youth National Institute on Alcohol Abuse and Alcoholism.
https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/underage-drinking;

Centers for Disease Control and Prevention. https://www.cdc.gov/alcohol/underage- drinking/index.html; Underage Drinking: A Review of Trends and Prevention Strategies, F. Harding et al. (Oct. 2016) American Journal of Preventive Medicine, Volume 51, Issue 4, Supp. 2.

Center on Alcohol Marketing and Youth, Boston University School of Public Health:

Esser MB, Jernigan DH. Assessing restrictiveness of national alcohol marketing policies. Alcohol and Alcoholism, 49(5):557-562, 2014; Meisel PL, Sparks A, Eck R, Jernigan D. Baltimore City’s landmark alcohol and tobacco billboard ban: An implementation case study. Injury Control, 21(1):63-67, 2015.; Babor, T., Jernigan, D., Brookes, C. Special Issue: The regulation of alcohol marketing: From research to public health policy. Addiction, 112(S1): 1–127, 2017.

Alcohol Marketing and Adolescent and Young Adult Alcohol Use Behaviors: A Systematic Review of Cross-Sectional Studies, L. Finan et al. Journal of Studies on Alcohol and Drugs, Sup. 19 (March 2020); https://pubmed.ncbi.nlm.nih.gov/32079561/

332
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE AMENDING CHAPTER 8.02 OF TITLE 8, OF THE GARDEN GROVE MUNICIPAL CODE, REVISING ITS TITLE AND ADDING SECTION 8.020.020 FOR THE PURPOSE OF

RESTRICTING OUTDOOR ADVERTISING OF ALCOHOLIC BEVERAGES NEAR SCHOOLS, PARKS, AND OTHER AREAS FREQUENTED BY CHILDREN.

City Attorney Summary
This Ordinance revises the title of Chapter 8.02 of the Garden Grove Municipal Code and adds a new section 8.020.020 to protect children by restricting signage advertising alcoholic beverages visible from schools, playgrounds, libraries, and other areas designated for use by children.

WHEREAS, California Constitution Article XX, section 22 and California Business and Professions Code section 25658 prohibit the “sale, furnishing, or giving” of alcoholic beverages to any person under the age of 21; WHEREAS, it is well-established under the law that commercial speech that proposes an unlawful transaction, or is misleading or related to unlawful activity is excluded from First Amendment protection and may be freely regulated by the government (See e.g., Central Hudson Gas & Electric Corp. v. Public Service Commission (1980) 447 U.S. 557, 566);
WHEREAS, numerous studies including those conducted and reported by the National Institute on Alcohol Abuse and Alcoholism and the U.S. Center for Disease Control and Prevention have shown that greater exposure of children to signage promoting the consumption of alcohol leads to greater incidence of underage drinking and accelerates the onset and frequency of alcohol use among adolescents;
WHEREAS, underage drinking is not only illegal, but also negatively impacts youth and the community overall by contributing to higher levels of accidents and injuries, impaired judgment, interference with brain development, increased risk of interpersonal violence, academic and behavioral problems in school, and higher rates of future illicit drug use and alcoholism;
WHEREAS, the Garden Grove City Council has a substantial government interest in protecting minors from illegal activity; and WHEREAS, the Garden Grove City Council desires to adopt narrowly tailored laws intended to reduce underage drinking by mitigating risk factors. 333
Ordinance No. ___

Page 2 ends

4924-5656-7128, v. 1

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

SECTION 1: The foregoing recitals are true and are hereby incorporated by reference as the City Council’s findings and purpose for this ordinance.

SECTION 2: Chapter 8.02 of Title 8 of the Garden Grove Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in bold):

Chapter 8.02

PROHIBITION OF COMMERCIAL ADVERTISEMENTS FOR

UNLAWFUL ACTIVITIES AND USES

PROHIBITION OF CERTAIN COMMERCIAL ADVERTISEMENTS
§ 8.020.010 Prohibition of Commercial Advertisements for Unlawful Activities and Uses.

No person wishing to engage in any activity or use that is in violation of this code shall print, publish, advertise or disseminate in any way, or cause to be printed, published, advertised or disseminated in any way, any commercial notice or advertisement for any such activity or use that is in violation of this code. § 8.020.020 Restricting the Advertising of Alcoholic Beverages to Youth A. Advertising Restrictions. It is unlawful for any person, business, or retailer to place or maintain, or cause to be placed or maintained, any advertising of alcoholic beverages on a sign, billboard, or display that is within 500 feet of a school, playground, recreation center or facility, child care center, or library or that is more than 500 feet and the display face and its advertisement are clearly visible from a school, playground, recreation center or facility, child care center, or library. This section excludes advertisements inside licensed premises, on vehicles used for alcohol transport, or in print, broadcast, or digital media and does not apply to any noncommercial message.

B. Measure of Distance. The distance between any billboard or sign and any school, playground, recreation center or facility, childcare center, or library shall be measured in a straight line, without regard to intervening structures, from the billboard or sign to the closest property line of the school, playground, recreation center or facility, child care center, or library.

334
Ordinance No. ___

Page 3 ends

4924-5656-7128, v. 1
C. Definitions. As used in this chapter, the terms listed below have the following meaning:
a. “Advertising” means printed matter that calls the public’s attention to things for sale.
b. “Alcoholic Beverages” means any substance containing one- half of one percent or more alcohol by volume and which is fit for consumption as a beverage either alone or when combined with other substances.
c. “Billboard” means any sign space that is permanently placed on or affixed to the ground, the sidewalk, a pole or post, or a building, and is not appurtenant to the use of the property, a product sold, or the sale or lease of the property on which displayed and which does not identify the place of business as purveyor of the merchandise or services advertised upon the sign. Billboard also means any sign space that is permanently placed on a vehicle that is used primarily for the purpose of displaying outdoor advertising.
d. “Child Care Center” means a public or licensed private child care that has a continuous enrollment of no fewer than twenty- five (25) children and is clearly identified on the outside of the facility as a childcare center;
e. “Library” means any public library operated by the City or County of Orange and clearly identified on the outside of the facility as a library.
f. “Playground” means any outdoor premises or grounds owned or operated by the City that contains any play or athletic equipment used or intended to be used by minors.
g. “Recreation Center or Facility” means any recreation center or facility owned or operated by the City, and clearly identified on the outside of the facility as a City recreation center or facility. h. “School” means any public or licensed private elementary or secondary school, that is clearly identified on the outside of the facility as a school, attendance at which satisfies the compulsory education laws of the State of California.

SECTION 3: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the 335
Ordinance No. ___

Page 4 ends

4924-5656-7128, v. 1
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this ordinance shall take effect thirty (30) days after adoption.

336
Item 259/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 8/12/2025

Subject: Second reading and Adoption of Ordinance No. 2966, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-042-2025(A), A TEXT AMENDMENT TO CHAPTER 9.54 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF TITLE 9 (LAND USE) OF THE GARDEN GROVE MUNICIPAL CODE TO COMPLY WITH STATE LAW. (Action Item)

Attached for second reading is Ordinance No. 2966 recommended for adoption.

ATTACHMENT(S)

1. Ordinance No. 2966

337
ORDINANCE NO. 2966

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN
GROVE APPROVING ZONING AMENDMENT NO. A-042-2025(A), A TEXT AMENDMENT TO CHAPTER 9.54 (ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF TITLE 9 (LAND USE) OF

THE GARDEN GROVE MUNICIPAL CODE TO COMPLY WITH STATE LAW

CITY ATTORNEY SUMMARY

This Ordinance approves a zoning text amendment to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code to conform to recent changes in State law and California Department of Housing and Community Development guidance an d to make certain clarifying changes. The changes to Chapter 9.54 include, without limitation, updates to statutory references; allowing up to eight (8) detached ADUs on lots with an existing multiple-family development per State law, inclusion of objective standards for architectural compatibility between an ADU and the primary dwelling; increases in maximum height limits for ADUs to align with State law; clarification that uncovered parking spaces that are demolished to accommodate an ADU are not required to be replaced; clarification that the construction of an ADU does not trigger a requirement that fire sprinklers be installed in the existing primary dwelling; the establishment of procedures to facilitate the review and approval of pre-approved ADU plans and the exemption of projects that use pre-approved ADU plans from architectural compatibility requirements; and clarification that a 150 square-foot addition is allowed for ADU conversions of both attached and/or detached accessory structures and that ADU conversions are allowed to add porches and/or patios, up to eighty (80) square feet.

THE CITY COUNCIL OF THE CITY OF GA RDEN GROVE FINDS AND DETERMINES AS FOLLOWS:

WHEREAS, the City of Garden Grove is proposing a zoning text amendment to Chapter 9.54 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code to conform to changes in State law; and

WHEREAS, the proposed Zoning Amendment No. A-042-2025(A) would amend the existing Land Use Code provisions governing accessory dwelling units and junior accessor dwelling units to bring them into compliance with current State law and California Department of Housing and Community Development (HCD) guidance and to provide additional clarity; and

338

Garden Grove City Council
Ordinance No. 2966

Page 2 ends

WHEREAS, following a public hearing held on June 5, 2025, the Garden Grove Planning Commission adopted Resolution No. 6113-25 recommending the City Council to approve Zoning Amendment No. A-042-2025(A); and

WHEREAS, pursuant to a legal notice, a Public Hearing regarding Zoning Amendment No. A-042-2025(A) 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 statutorily exempt from review under the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq., pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and

WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6113-25 and makes the following findings regarding Amendment No. A-042-2025(A):

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

B. Zoning Amendment No. A-042-2025(A) 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(A) is hereby approved pursuant to the findings set forth herein and the facts and reasons stated herein and in Planning Commission Resolution No. 6113-25, 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. Chapter 9.54 (Accessory Dw elling Units and Junior Accessory Dwelling Units) of Title 9 (Land Use) of the Garden Grove Municipal Code is hereby amended and restated in its entirety to read as follows:

CHAPTER 9.54 ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS

339

Garden Grove City Council
Ordinance No. 2966

Page 3 ends

§ 9.54.010 Purpose, Applicability, Defi nitions, Effect of Conforming, Interpretation.

A. Purpose. The purpose of this chapter is to provide for and regulate the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with state law.

B. Applicability. Except as otherwise provided by state law, the standards and limitations set forth in this chapter apply to the development of new ADUs and JADUs in the City.

C . D e f i n i t i o n s . A s u s e d i n t h i s c h a pter, the following terms shall have the following meanings:

1. The terms "accessory dwelling unit," "accessory structure," "efficiency unit," "living area," “livable space,” "nonconforming zoning condition," "passageway," "proposed dwelling," "public transit," and "tandem parking" all have the same meaning as that stated in Government Code Section 66313 as that section may be amended from time to time. The terms "accessory dwelling unit" and "ADU" shall have the same meaning.

2. The term "junior accessory dwelling unit" shall have the same meaning as that stated in Government Code Section 66313 as that section may be amended from time to time. The terms "junior accessory dwelling unit" and "JADU" shall have the same meaning.

3. The term "attached ADU" means an ADU, other than a converted ADU, that is physically attached to a primary dwelling structure or physically attached to an accessory structure that is attached to a primary dwelling structure.

4. The term "detached ADU" means an ADU, other than a converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure.

5. The term "converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within all or a portion of the permitted existing interior space of a dwelling struct ure, including bedrooms, attached garages, storage areas, or similar uses. A converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted exis ting structure or portion of a permitted existing structure.

340

Garden Grove City Council
Ordinance No. 2966

Page 4 ends

6. The term "Director" means the Ci ty of Garden Grove Director of Community Development, or designee.

D. Effect of Conforming. An ADU and/or JADU that conforms to the provisions of this chapter shall:

1. Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

2. Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and

3. Not be considered in the applicatio n of any local ordinance, policy, or program to limit residential growth.

E. Interpretation. The provisions of this chapter shall be interpreted to be consistent with the provisions of Chap ter 13 of Division 1 of Title 7 of the Government Code (Section 66310 et. seq.) and shall be applied in a manner that is consistent with state law.

§ 9.54.020 Locations Permitted.

A. Permitted ADU Locations. ADUs conforming to the provisions in this chapter may be located on any lot in the City that is zoned to allow single-family or multiple-family residential uses and th at includes a proposed or existing legally developed single-family or multiple-family dwelling.

B. Permitted JADU Locations. JADUs conforming to the provisions in this chapter may be located within a prop osed or existing legally developed single-family dwelling on any lot in the City that is zoned to allow single- family residential uses.

§ 9.54.030 Number of ADUs and JADUs Permitted.

A. Single-Family Lots. Except as ot herwise provided in Government Code Section 66323, no more than one ADU and/or one JADU is permitted on a lot developed or proposed to be developed with a single-family dwelling.

B. Multiple-Family Lots. Multiple-fam ily lots may have multiple detached ADUs, not to exceed the numbers pursuant to subsections B.1 and B.2 and one or more converted ADUs pursuant to subsection B.3.

1. No more than a total of eight detached ADUs may be constructed on a lot developed with an existing mu ltiple-family dwelling structure. 341

Garden Grove City Council
Ordinance No. 2966

Page 5 ends

However, the number of detached ADUs shall not exceed the number of existing multiple-family units on the lot. If two, or more, detached ADUs are constructed, they do not need to be detached from each other or other accessory structures on the lot.

2. No more than a total of two detached ADUs may be constructed on a lot proposed to be developed with one or more multiple-family dwelling structures. If two detach ed ADUs are constructed, they do not need to be detached from each other or other accessory structures on the lot. New detached ADUs may be converted from existing detached structures on-site.

3. One or more converted ADUs may be constructed within portions of existing multiple-family dwelling structures that are not used as livable space. No converted ADUs may be constructed within the existing livable space of a multip le-family structure. The number of ADUs permitted under this subsection shall not exceed 25% of the existing multiple-family dwelling units on the lot. For the purpose of calculating the number of allowabl e accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multiple-family dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling unit, except that at least one converted ADU shall be allowed.

§ 9.54.040 ADU Requirements.

A. Development Standards. Except as modified by this section or as otherwise provided by state law, an ADU shall conform to the development standards applicable to the lot on which it is located as set forth in this title and/or in an applicable specific plan or pl anned unit development ordinance or resolution. Pursuant to Sections 9.12.040.030 and 9.18.110.040, lots located in multiple-family residential and mixed-use zoning districts that are improved with single-family residen tial uses are subject to certain single-family residential development standards. Notwithstanding the foregoing, when the application of a development standard related to floor area ratio, front setbacks, building separation, lot coverage, open-space, or minimum lot size would prohibit th e construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of an ADU of up to 800 square feet.

B. Unit Size.

1. Minimum Size. An ADU shall be at least the following minimum sizes based on the number of bedrooms provided:

342

Garden Grove City Council
Ordinance No. 2966

Page 6 ends

a. Efficiency units: 150 square feet.

b. Studio: 220 square feet.

c. One bedroom: 500 square feet.

d. Two or more bedrooms: 700 square feet.

2. Maximum Size.

a. Attached ADUs. The total floor area of an attached ADU shall not exceed the following:

i. Studio or one bedroom: 850 square feet or 50% of the floor area of the primary dw elling unit, whichever is
less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square
feet.

ii. Two or more bedrooms: 1,200 square feet or 50% of
the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,600 square feet, an attached ADU may have a total floor area of up to 800 square
feet.

b. Detached ADUs. The total floor area of a detached ADU shall not exceed the following:

i. Studio or one bedroom: 850 square feet.

ii. Two or more bedrooms: 1,200 square feet.

c. Converted ADUs. The maximum size limitations set forth in this subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of no t more than 150 square feet beyond the same physical dimensions as the existing attached or detached accessory structure to the extent necessary to accommodate ingress and egress.

3. Porches, Patios, and Garages.

343

Garden Grove City Council
Ordinance No. 2966

Page 7 ends

a. An attached or detached ADU, including converted ADUs, may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 80 square feet in size.

b. An attached or detached ADU may include an attached one- car garage, which, if provided, shall not exceed 250 square feet in size inside dimension. The enclosed one-car garage shall maintain a minimum interior parking area of 10 feet by 20 feet. No storage cabinets or mechanical equipment,
including, but not limited to, water heaters, utility sinks, or washers and dryers, shall encroach into the required parking area.

c. In no event shall the total combined area of an ADU and attached porch, patio, and/or garage exceed 1,530 square feet.

C. Setbacks.

1. Front Yard Setbacks. New attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located.

Notwithstanding the foregoing, a portion of an ADU may be constructed within the required front setback area if, and only to the extent that, application of the minimum front setback requirement would not permit an ADU of up to 800 square feet to be constructed on the lot in compliance with a ll other applicable development standards.

2. Side and Rear Yard Setbacks. Mini mum setbacks of no less than four feet from the side and rear lot lines are required for new attached and detached ADUs, new expansions to converted ADUs allowed pursuant to subsection B.2.c, and any new one-car garage, porch, and/or patio, allowed for a new ADU pursuant to subsection B.3.

3. Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing converted structure are sufficient for fire and safety, as dictated by current applicable uniform building and fire codes.

4. Any new ADU garage that opens directly to any street or alley shall observe a setback of not less than 20 feet. When a new ADU garage abuts an alley and the access to the garage is perpendicular to the alley, the garage shall not be constructed closer than 20 feet to the 344

Garden Grove City Council
Ordinance No. 2966

Page 8 ends

centerline of the alley and shall maintain a minimum setback of five feet from the property line.

D. Building Separation.

1. A minimum separation of six f eet is required between a detached ADU and the primary dwelling unit.

2. A minimum separation of six f eet is required between attached or detached ADU and all other structures not attached to the ADU, including garages, on the property.

3. Building separation requirements do not apply to converted ADUs that do not include an expansion of the floor area of the existing structure.

E. Height.

1. Detached ADUs.

a. Except as provided below, the height of a detached ADU on a lot with an existing or propos ed single-family or multiple- family dwelling unit shall not be more than 16 feet in height.

b. The height of a detached ADU located on a lot with an existing or proposed multiple-family, multistory dwelling unit shall not exceed eighteen (18) feet.

c. The height of a detached ADU located on a lot with an existing or proposed single-family or multiple-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet; provided, however, that up to an additional two (2) feet in height is allowed if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. Attached ADUs.

a. The height of an attached ADU shall not exceed twenty-five (25) feet or the height limitat ion that applies to the primary dwelling, whichever is lower. In no event shall an attached ADU exceed two (2) stories.

3. Converted ADUs are not subj ect to a height limitation. 345

Garden Grove City Council
Ordinance No. 2966

Page 9 ends

4. Measurement. The height of an ADU shall be as measured from ground level to the highest point on the roof.

F. Design.

1. Except as otherwise provided in Government Code Section 66323, and except to the extent necessary to meet current fire and building codes, an attached or detached ADU shall match the architectural details of the primary unit as provided below:

a. The type, pitch, color, materi al, and texture of the roof and eave details of an attached or detached ADU 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 ADU shall be the same as the primary unit.

2. In order to facilitate the deve lopment of ADUs in a manner that ensures reasonable consistency an d compatibility of design, the Director is authorized to develop standard design plans and criteria for ADUs. Notwithstanding the foregoing, ADUs developed in conformance with plans pre-approved by the City, pursuant to Government Code Section 65852.27, shall be deemed to comply with this subsection.

G. Off-Street Parking.

1. One off-street parking space must be provided for a new attached or detached ADU. The required parking space may be permitted in setback areas, or through tandem parking on a driveway, unless specific findings are made by the Director that parking in setback areas or tandem parking is not feas ible based upon specific site or regional topographical or fire and life safety concerns.

2. Parking for a new attached or det ached ADU is in addition to the required parking for the primary unit. However, when a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

3. Off-street parking is not requ ired in the following instances:

346

Garden Grove City Council
Ordinance No. 2966

Page 10 ends

a. The ADU is located within one-half mile walking distance of public transit, including transit stations and bus stations;

b. The ADU is located within an architecturally and historically significant historic district;

c. The ADU is part of the propos ed or existing primary residence or accessory structure (i.e., a converted ADU);

d. When on-street parking permits are required, but not offered to the occupant of the ADU; and/or

e. When there is a car-share vehi cle located within one block of the ADU.

H. Exterior Access Required. An attached or converted ADU must have independent exterior access that is separate from the access to the proposed or existing primary dwelling.

I. Passageway. No passageway shall be required in conjunction with the construction of an ADU.

J. Laundry Facilities. An attached or detached ADU, including a converted ADU, shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups.

K. Water Heaters. An attached or det ached ADU, including a converted ADU, shall have a separate hot water heater. The location of the water heater shall be incorporated into the design of the unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with.

L. Mechanical Equipment, Metering De vices. All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above-ground utility meters, incl uding, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.

M. Refuse Storage Areas. All properties shall provide each unit with the appropriate number of containers fo r recyclables, organics, and non- 347

Garden Grove City Council
Ordinance No. 2966

Page 11 ends

recyclable solid waste ("trash containers") as required by the Garden Grove Sanitary District, and shall comply with the following:

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

2. The placement of trash containers for pick-up, and the duration of time prior to and after trash collect ion of those trash containers, is subject to the Garden Grove Sanitary District requirements.

3. The area required for each contai ner shall be a minimum of 38 inches by 38 inches.

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

§ 9.54.050 JADU Requirements.

A. Footprint. A JADU may only be constr ucted within the walls of a proposed or existing single-family dwelling, including an existing attached garage.

B. Unit Size. A JADU shall not exceed 500 square feet in size.

C. Separate Entrance. A JADU must include a separate entrance from the main entrance of the proposed or existing single-family residence in which it is located.

D. Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

E. Bathroom Facilities. A JADU may incl ude separate sanitation facilities or may share sanitation facilities with th e proposed or existing single-family dwelling in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling’s main living area, or direct access to a shared sanitation facility.

F. Parking. No additional off-street pa rking is required for a JADU beyond that required at the time the existing primary dwelling was constructed.

G. Fire Protection. For purposes of an y fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.

348

Garden Grove City Council
Ordinance No. 2966

Page 12 ends

H. Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

I. Deed Restriction. Prior to the issuan ce of a building permit for a JADU, the owner of record of the property shall record a deed restriction against the title of the property in the County Reco rder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

1. The property shall include no more than one JADU and/or ADU.

2. The JADU may not be sold, mortgaged, or transferred separately from the primary residence.

3. An owner of record of the lot upon which a JADU is located shall occupy either the JADU or the remaining portion of the primary single-family dwelling as his/her/their principal residence. In the event owner occupancy of the property ceases, the JADU shall automatically become unhabitable space, shall not be used as a separate dwelling unit, and shall not be separately rented or leased for any purpose. Owner occupancy is not required if the owner is another governmental agency, a land trust, or a housing organization.

4. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section.

5. The deed restriction may not be modified or terminated without the prior written consent of the Director.

§ 9.54.060 Other Requirements.

A. No Separate Conveyance. Except as otherwise provided in Government Code Section 66341 or by other applic able law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

B. No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is 30 days or longer. Short-term rental (i.e., less than 30 days) of an ADU or a JADU is prohibited.

C. Owner Occupancy Requirements.
349

Garden Grove City Council
Ordinance No. 2966

Page 13 ends

1. ADUs. Owner occupancy of a primar y dwelling or ADU is not required.

2. JADUs. An owner of record of the lot upon which a JADU is located must occupy either the JADU or the remaining portion of the primary single-family dwelling as his/ her/their principal residence.

Notwithstanding the foregoing, ow ner-occupancy is not required if the owner is another governmental agency, land trust, or housing organization.

§ 9.54.070 Permit Application and Review Procedures.

A. Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this chapter or by state law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs. Ho wever, fire sprinklers shall not be required if they are not required for the primary dwelling, and the construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in an existing primary dwelling.

B. Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit an application on a form prepared by the City, along with all information and mate rials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

C. Review.

1. The Director shall consider an d approve or disapprove a complete application for an ADU or JADU mi nisterially without discretionary review or public hearing within 60 days from the date the City receives a complete application. The Director shall consider and approve or disapprove an application for a detached ADU within 30 days that utilizes either an ADU plan pre-approved by the City within the current triennial California Building Standards Code rule-making cycle, or a plan that is identical to a plan used in an application for a detached ADU approved by the City within the current triennial California Building Standards Code rule-making cycle.

2. Review is limited to whether the proposed ADU or JADU complies with the requirements of this chapter.

3. If an applicant requests a delay, th e time period for the City to review of an application shall be tolled for the period of the requested delay.

350

Garden Grove City Council
Ordinance No. 2966

Page 14 ends

4. If the application to create an ADU or a JADU unit is submitted with an application to create or serv e a new single-family or multiple- family dwelling on the lot, the Director may delay approving or disapproving the application for the ADU or the JADU until the City approves or disapproves the application to create or serve the new single-family or multiple-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

D. Zoning Conformity. The City sh all not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU or JADU as a condition of approval of a permit application for the creation of an ADU or JADU.

E. Conformity with State Law. The Ci ty shall not apply any requirement or development standard provided for in this chapter to an ADU or a JADU to the extent prohibited by any provisio n of state law, including, but not limited to, Government Code Section 66323.

§ 9.54.080 Utilities.

A. ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.

B. JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary single-family dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

§ 9.54.090 Impact Fees.

A. Construction of an ADU is subject to applicable development impact fees adopted by the City pursuant to Ca lifornia Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

B. No impact fee as required by this Code is required for an ADU that is less than 750 square feet in size.

351

Garden Grove City Council
Ordinance No. 2966

Page 15 ends

C. Any impact fee that is required for an ADU that is 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling.

D. For purposes of this section, "impact fee" does not include any connection fee, capacity charge for water or sewer service, planning application fee, plan check fee, or building permit fee.

SECTION 4. 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 ha ve 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 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect on the date that is thirty (30) days after adoption.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.

MAYOR
ATTEST:

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on July 8, 2025, with a vote as follows:

AYES: COUNCIL MEMBERS: (5) NGU YEN, MUÑETON, ARESTEGUI,

DOVINH, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (1) BRIETIGAM
ABSENT: COUNCIL MEMBERS: (1) TRAN
352
Item 260/2025
Final

City of Garden Grove

INTER-DEPARTMENT MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 8/12/2025

Subject: Second reading and Adoption of Ordinance No. 2967, entitled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING ZONING AMENDMENT NO. A-042-2025(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. (Action Item)

Attached for second reading is Ordinance No. 2967 recommended for adoption.

ATTACHMENT(S)

1. Ordinance No. 2967

353
ORDINANCE NO. 2967

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, and 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 law 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, restores 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 subjective language, and to make clarifications and typographical corrections; and

WHEREAS, the proposed Zoning Amendment No. A -042-2025(B) would update 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, and 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 correct typographical and formatting errors, add data tables and additional reference information within existing data tables, restore words and provisions that were previously inadvertently 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 354

Garden Grove City Council
Ordinance No. 2967

Page 2 ends

enforcement, and revise various provisions to conform to state and federal law; and

WHEREAS, following a public hearing held on June 5, 202 5, 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 placed in alphabetical order, as follows (deletions in strikethrough text and additions shown in double underline):
355

Garden Grove City Council
Ordinance No. 2967

Page 3 ends

Definitions. Unless otherwise specifically provided, the words and phrases used in the chapter shall have the following meanings:
…

“D” Definitions.
…

"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.
…

"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.
…

“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 those 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. …

“S” Definitions.
…

"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 homeless" is a form of affordable permanent supportive housing specifically serving homeless individuals or youths; the term has the same meaning as defined in Section 50675.14 of the Health and Safety 356

Garden Grove City Council
Ordinance No. 2967

Page 4 ends

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 adultsand is a form of affordable permanent supportive housing specifically serving homeless individuals or youths.

The "target population" for purposes of supportive ho using 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 Cod e, 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 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 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.

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 357

Garden Grove City Council
Ordinance No. 2967

Page 5 ends

any property line that is a common property line with "R" zoned pro perty, 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 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.

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).

358

Garden Grove City Council
Ordinance No. 2967

Page 6 ends

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 (S ingle- 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 criteria. 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 materialsdesign features 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.
359

Garden Grove City Council
Ordinance No. 2967

Page 7 ends

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 residential 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 areas 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 trees 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 360

Garden Grove City Council
Ordinance No. 2967

Page 8 ends

for single -family residential purposes shall comply with all of the following provisions, unless otherwise required by this title:
…

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 an detached accessory structure shall only have one outlet for every 10 feet.

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

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. …

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.

361

Garden Grove City Council
Ordinance No. 2967

Page 9 ends

J. Any yard accessories taller 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 subject 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 in 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 additi onal usable floor space, except that usable floor space may be provided above this height for churches, and public, private or parochial schools, when employed in a unique structure, tower or spire, subject to the approval of a conditional use permit. Specialized buildings or structures that, for technological purposes, may be erected to heights greater than the height limits herein prescribed, and may contain additional floor space above the prescribed limit when necessary to the operating of the equipment and processing within the building, subject to conditional use permit.
…

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 Yard 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 362

Garden Grove City Council
Ordinance No. 2967

Page 10 ends

be set back at 15 feet only if 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.
…

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:
…

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 the lot front and side lines or their projection to a point of intersection, and the sides of such triangle forming the corner angle shall each be 25 feet in length measured from the aforementioned angle. The third side of said triangle shall be a straight line connecting those points that are distant 25 feet from the intersection of the lot front and side lines or the intersection of their projection, and within the area comprising said triangle, no tree shall be allowed nor any fence, shrub or other physical obstruction higher than 36 inches above the established grade shall be permitted.

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.
…

I. Waiver of Zone Separation Setback. When commercial or industrial property has a common property line with R-zoned property that is a right-of-way for a street, highway, freeway, railroad, or flood control channel, the hearing body may waive the requirement for a 10-foot setback for buildings and structures.

J. When the strict and literal application of Title 9 of this code requiring the narrow dimension to be the front of a corner lot prevents the lot from being developed to its fullest and best use, the hearing body may determine which side of a corner 363

Garden Grove City Council
Ordinance No. 2967

Page 11 ends

lot in any zone is the front for purposes of applying requirements for setbacks; wall, fence and hedge heights; parking; and landscaping.

SECTION 8. Subsection B of Section 9.08.040.110 (Walls, Fences and Hedges) 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. Wall, Fence or Hedge May Be Maintained.

…

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 waived or modified subject to the approval of the hearing body.
…

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 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

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 364

Garden Grove City Council
Ordinance No. 2967

Page 12 ends

chapter for the zone in which it is located, nor shall the density of population be increased in any 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.

…

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
… …

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.

365

Garden Grove City Council
Ordinance No. 2967

Page 13 ends

…

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 13. Subsection B (Parking Improvements) of Section 9.08.040.180 (Par king 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. S creening. 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.
…

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. N on-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.
366

Garden Grove City Council
Ordinance No. 2967

Page 14 ends

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 feet 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 Conditions 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 buildi ngs, e.g., Sunday permitted schools buildings, showers or restroom facilities, etc., shall be only the front yard required in the zone in which they 367

Garden Grove City Council
Ordinance No. 2967

Page 15 ends

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 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.

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.

Garden Grove City Council
Ordinance No. 2967

Page 16 ends

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 i s 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 enclosed 369

Garden Grove City Council
Ordinance No. 2967

Page 17 ends

garage, the laundry equipment shall not encroach into the required interior garage parking area of 20 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 und er 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.

370

Garden Grove City Council
Ordinance No. 2967

Page 18 ends

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 areas may be counted provided up to 50% of theas 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 size requirements shall contribute to the required combined private and 371

Garden Grove City Council
Ordinance No. 2967

Page 19 ends

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 any 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 recreationcommon open/recreational area. The combined active recreationcommon 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
recreationcommon 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 5,625
372

Garden Grove City Council
Ordinance No. 2967

Page 20 ends

sf
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 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 providing a higher quality amenity that meets the minimum Additive Amenity Ratio from further down the list, aA n 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 ratio 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
373

Garden Grove City Council
Ordinance No. 2967

Page 21 ends

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
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 4 00 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:
374

Garden Grove City Council
Ordinance No. 2967

Page 22 ends

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.

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 space 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 lines, 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) 375

Garden Grove City Council
Ordinance No. 2967

Page 23 ends

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.

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 areas 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 Code is hereby amended as follows (deletions in strikethrough text and additions shown in double underline):

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

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.

376

Garden Grove City Council
Ordinance No. 2967

Page 24 ends

c. Walls used for sound attenuation walls along arterials shall be attractive and subject to approval by the hearing body.

…

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 the current text as follows (deletions in strikethrough text and additions shown in double underline).

§ 9.12.040.220 Waiver of Off-Street Parking RequirementsReserved.

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).

377

Garden Grove City Council
Ordinance No. 2967

Page 25 ends

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.
…

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
378

Garden Grove City Council
Ordinance No. 2967

Page 26 ends

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
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
379

Garden Grove City Council
Ordinance No. 2967

Page 27 ends

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
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 — — — —
380

Garden Grove City Council
Ordinance No. 2967

Page 28 ends

Thrift Retail Stores — P P P — — —

Toys — P P P — — —
Variety, Dry Goods Stores — P P — — — —
Food/Drink Sales and Service
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.A
N
Meat Market — P P P — — — See Section

9.16.020.050.A
Q
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 — — —
381

Garden Grove City Council
Ordinance No. 2967

Page 29 ends

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 — —
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.B
H
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
382

Garden Grove City Council
Ordinance No. 2967

Page 30 ends

Funeral Home/Mortuary with
No Crematorium
— — P P — — — See Section

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

9.16.020.050.A
G
Home Improvement Center — — P P P C — See Section

9.16.020.050.A
H
Kennel — — — P P — — See Section

9.16.020.050.A
M
Neighborhood Recycling
Center
— I I I — — —
Parking Facilities (For Fee) C C C C C C — See Section

9.16.020.050.A
W
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.B
D
Upholstery — — P P P — — See Section

9.16.020.050.B
G

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 —
383

Garden Grove City Council
Ordinance No. 2967

Page 31 ends

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
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 — — —

384

Garden Grove City Council
Ordinance No. 2967

Page 32 ends

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 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):

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.

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

385

Garden Grove City Council
Ordinance No. 2967

Page 33 ends

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.

109. P arcels 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).

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.

…

386

Garden Grove City Council
Ordinance No. 2967

Page 34 ends

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 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, 387

Garden Grove City Council
Ordinance No. 2967

Page 35 ends

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.

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.
388

Garden Grove City Council
Ordinance No. 2967

Page 36 ends

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.

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 9.16.040.020, 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, smokestacks, radio masts and similar structures may be erected above the height limits prescribed.

389

Garden Grove City Council
Ordinance No. 2967

Page 37 ends

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):

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.

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

390

Garden Grove City Council
Ordinance No. 2967

Page 38 ends

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

… …
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 391

Garden Grove City Council
Ordinance No. 2967

Page 39 ends

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 irrevocable 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, 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.

392

Garden Grove City Council
Ordinance No. 2967

Page 40 ends

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/
Financial
Institution
P P P P[-] [-] P P

… … … … … … … … …
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 [-]
393

Garden Grove City Council
Ordinance No. 2967

Page 41 ends

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) 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. 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 est ablishment, 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 394

Garden Grove City Council
Ordinance No. 2967

Page 42 ends

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:

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 of 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 Planning Commission upon a finding that the impacts of the project, as proposed, do not justify imposition of the requirement(s).

395

Garden Grove City Council
Ordinance No. 2967

Page 43 ends

SECTION 33. Section 9.18.030.300 (Outdoor Dining at Eating Establishment/Restaurant) 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).

§ 9.18.030.300 Outdoor Dining at Eating Establishment/Restaurant.

…

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 Zon e (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 additions 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. New 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) 396

Garden Grove City Council
Ordinance No. 2967

Page 44 ends

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.

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 the 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 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.

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.
397

Garden Grove City Council
Ordinance No. 2967

Page 45 ends

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 follo ws (deletions in strikethrough text and additions shown in double underline.):

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

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, with a minimum of 10
spaces
398

Garden Grove City Council
Ordinance No. 2967

Page 46 ends

With entertainment

Outdoor Dining (See Section

9.18.030.300 for Special Operating
Conditions)

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. 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.
…

399

Garden Grove City Council
Ordinance No. 2967

Page 47 ends

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 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 preparation 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 Section 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 400

Garden Grove City Council
Ordinance No. 2967

Page 48 ends

another user, group, development, or the public. The amount of underutilized parking on a site shall be determined through a parking study prepared 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:

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

b. The sites of the entities th at 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 401

Garden Grove City Council
Ordinance No. 2967

Page 49 ends

applicable parking requirements be provided for the life of such development or use, or affor d 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 considered by the appropriate review authority at the same time the project is considered. Where a shared 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 to 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.

402

Garden Grove City Council
Ordinance No. 2967

Page 50 ends

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 h ereby 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:

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 efficiency 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):

403

Garden Grove City Council
Ordinance No. 2967

Page 51 ends

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 t he front for purposes of applying requirements for setbacks; wall, fence and hedge heights; parking; and
landscaping.

…

d. Notice and Review.

…

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:

…

404

Garden Grove City Council
Ordinance No. 2967

Page 52 ends

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 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 Grove 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 Ma in Street between Acacia Parkway and Garden Grove Boulevard describing the nature of the request and advising that any comments should 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 405

Garden Grove City Council
Ordinance No. 2967

Page 53 ends

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.

...

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 406

Garden Grove City Council
Ordinance No. 2967

Page 54 ends

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 ph ysically integrated into the residential structure such that it would be impractical to require the property to be returned 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.

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 days calendar days before the date of said public hearings. , 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 shall 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 notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 calendar days before the hearing.

407

Garden Grove City Council
Ordinance No. 2967

Page 55 ends

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 ways, 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 mineral 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 408

Garden Grove City Council
Ordinance No. 2967

Page 56 ends

request for 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 subject 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 shown 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 409

Garden Grove City Council
Ordinance No. 2967

Page 57 ends

granted or denied, a copy of the decision shall be mailed to the applicant at the address shown on the application.

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 shall 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 secretary 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 Resolution. 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.

410

Garden Grove City Council
Ordinance No. 2967

Page 58 ends

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 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 property 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):
411

Garden Grove City Council
Ordinance No. 2967

Page 59 ends

§ 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 persons specified in this section. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence.
412

Garden Grove City Council
Ordinance No. 2967

Page 60 ends

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

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 413

Garden Grove City Council
Ordinance No. 2967

Page 61 ends

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, 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 o f 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.
…

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 person 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;

…

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:

…

414

Garden Grove City Council
Ordinance No. 2967

Page 62 ends

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, 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 on 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.
…

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 415

Garden Grove City Council
Ordinance No. 2967

Page 63 ends

limited to, Government Code Sections 65589.5, 65915 -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 shall ensure that 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.
…

C. Discretionary Review of Housing 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 required 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. …

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):
416

Garden Grove City Council
Ordinance No. 2967

Page 64 ends

…
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 otherwi se maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of density 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 greatest 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 be 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):

…

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 location 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 417

Garden Grove City Council
Ordinance No. 2967

Page 65 ends

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 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, Tt he regulatory 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 toand 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, property 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.

418

Garden Grove City Council
Ordinance No. 2967

Page 66 ends

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 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 of 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 Program and 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 units. 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 description of the process the owner will implement to evaluate and se lect 419

Garden Grove City Council
Ordinance No. 2967

Page 67 ends

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, disclosures, and other documents owner intends to provide to qualified purchasers; and (v) such other information reasonable requested or required by the City.

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 prior 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 description of how the owner plans to certify the eligibility of te nant 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 program at 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 pursuant 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 420

Garden Grove City Council
Ordinance No. 2967

Page 68 ends

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 affordable rent pursuant to the affordability covenants, such that at all times reasonably possible all of the required affordable units shall not be occupied by tenants holding Section 8 certificates

b. Furthermore, in the event the owner rents an affordable 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, Ee ach 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 reports and conduct of inspections and/or audits.

421

Garden Grove City Council
Ordinance No. 2967

Page 69 ends

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.

…

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 estimated 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.
422

Garden Grove City Council
Ordinance No. 2967

Page 70 ends

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 purpose 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.

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 are 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 development 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 423

Garden Grove City Council
Ordinance No. 2967

Page 71 ends

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.

6. “Extremely low income h ouseholds” 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 subje ct to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons 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 purpose s 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.

424

Garden Grove City Council
Ordinance No. 2967

Page 72 ends

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 project will require the demolition of one or more residential dwelling units, the project shall create at least as many residential dwelling units as will be demolished.

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

1. Number of Total Units Required. If the project is a housing d evelopment 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 Repl acement 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 accordance with this section. All replacement protected unit calculations resulting in factional units shall be rounded up to the next whole number. Any replacement protecte d units provided will be considered in determining whether a housing development project satisfies 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 development project shall provide at least the same number of replacement dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If a project site containing occupied protected units to be demolished also contains unoccupied protected units that will be demolished as part of the project, or previously contained protected units that were demolished within the five-year period preceding the application submittal date, the housing development project shall also provide at least the same number of dwelling units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income of the existing or last household in occupancy of any protected units is not known, it shall be rebuttably presumed that lower income renter households occupied these protected units in the same proportion of lower income renter households to all renter households within 425

Garden Grove City Council
Ordinance No. 2967

Page 73 ends

Garden Grove City CouncilAugust 12, 2025

Garden Grove City Council
August 12, 2025