The purpose of special use districts is to secure a fuller realization
of the General Plan than that which would result from the application
of present zone district regulations, to establish districts used
as overlay zones in conjunction with a base zone, and to establish
regulations and standards for uses with special conditions and regulatory
needs to ensure harmonious relationships with other land uses.
A.
Purpose. A Panned Unit Development (PUD) is a precise plan, adopted
by ordinance, that provides the means for the regulation of buildings,
structures and uses of land in order to facilitate the implementation
of the General Plan. The regulations of the planned unit development
are intended to provide for a diversity of uses, relationships and
open spaces in an innovative land plan and design, while ensuring
compliance with the provisions of the Municipal Code.
B.
Development Standards. The planned unit development is governed by
zoning regulations that are contained within the ordinance that ultimately
adopts the planned unit development and the base zone.
1.
"Base zone," as used herein, shall mean the zoning district for the
land contained within the planned unit development.
2.
Except as otherwise provided by the ordinance approving the planned
unit development, all use and development standards of the base zone
shall continue to apply to the planned unit development. In the event
of any conflict between the planned unit development ordinance and
the base zone, the provisions of the planned unit development shall
prevail.
3.
Standards of development applicable to the PUD shall be clearly designated
on the planned unit development plan and contained in supplementary
text material.
4.
Any increase in the number of dwelling units beyond that which would
be permitted under the regulations of the base zone shall be limited.
Limitation is predicated on the perceived compensation of quality
and distinction of various elements of the architecture and the site
plan, including:
a.
The character and scope of the provision for both undeveloped and
developed common open spaces;
b.
The reduction through efficient design of the total acreage needed
for adequate vehicular circulation;
c.
Dedications for public use, if any, excluding public streets;
d.
The general excellence of design as a whole, including provisions
for landscaping, the treatment of pedestrian ways and areas for recreational
use, optimum relation to topography and other natural features, and
a variety of building forms and locations.
5.
If a planned unit development is silent regarding operating conditions,
maintenance or other standards regulating a particular use, then the
standards of Title 9 regulating the same land use category shall prevail.
C.
Limitations on the Planned Unit Development. The planned unit development
is intended to be applied only to those areas that are large enough
to allow for overall planning and design in sufficient detail to achieve
greater values and amenities than those achieved by less flexible
provisions regulating the successive development of individual lots
by numerous different owners. Limitations on use are as follows:
1.
Flexibility is provided where land may be designed and developed
as a unit by taking advantage of site planning techniques that produce
an environment that is compatible with existing or potential development
of the surrounding neighborhood.
2.
Planned unit development procedures shall apply only to those individual
sites having a net area of five acres or more for commercial or industrial
development and three acres for residential developments. If the project
is mixed use development with residential, commercial, office or industrial,
then the five acre minimum site area shall apply.
3.
The proposed development shall be in conformity with all elements
of the General Plan, and any other ordinances of the City.
4.
Conformity to related ordinances of the City is required where subdivision
into individual lots or the dedication of any streets is involved.
Any such procedures shall be processed concurrently with PUD ordinance
procedures.
D.
Preliminary Application Procedures. Before filing any application
for a planned unit development, the prospective applicant shall submit
to the planning staff preliminary plans and sketches and basic site
information for consideration and advice regarding the relation of
the proposal to general developmental objectives for the area.
The purpose of the pre-application conference is to consider
the relation of the proposed project to the applicable Planning Commission
and City Council policies.
E.
Application Requirements. Every application for a planned unit development
shall be accompanied by a formal development plan as required by the
City Manager or designee.
F.
Findings Required for Approval. Approval of the proposal for a PUD
shall not be recommended by the Planning Commission unless it finds
that the PUD is in full conformance with the following conditions:
1.
That the location, design and proposed uses are compatible with the
character of existing development in the vicinity and will be well
integrated into its setting;
2.
That the plan will produce a stable and desirable environment and
will not cause undue traffic congestion on surrounding or access streets;
3.
That the provision is made for both public and private open spaces;
4.
That provision is made for the protection and maintenance of private
areas reserved for common use;
5.
That the quality of the project achieved through the planned unit
development zoning is greater than could be achieved through traditional
zoning.
G.
Adoption of Planned Unit Development. Applications for a PUD shall
be considered amendments to this code, and guarantees, in a form satisfactory
to the City Attorney, shall be required from the applicants to ensure
the accomplishment of any public improvements.
1.
After adoption of the PUD, a final development plan shall be prepared
prior to issuance of any building permit. The final development plan
shall conform to the ordinance adopting the PUD and shall show conformance
to the features, conditions and characteristics upon which the approval
was dedicated. A formal site plan application shall be filed to be
approved by the Planning Commission unless specific building plans
are approved with the PUD application.
2.
After adoption of the PUD, prior to the issuance of any building
permit, a final subdivision map or parcel map shall be recorded (if
applicable).
3.
The final plan shall be recorded and noted on the Zoning Map.
4.
Prior to the issuance of building permits, the applicant shall submit
a draft of covenants, conditions and restrictions to the City Attorney,
that apply to the subject development and shall be recorded with the
County Recorder by the applicant along with the conditions of approval
and map of the PUD.
H.
Revisions. A revision to any PUD may be applied for to permit a change
in any of the conditions of approval, a change in the standards of
development and any partial change in the land use concept or placement
and type of buildings. The following procedure shall be used to revise
a PUD:
1.
A property owner whose property is subject to an existing PUD may
apply for a PUD revision. All other property owners within the PUD
will receive all documentation pertinent to the case prior to the
public hearing. Advertising and notification of the case shall be
provided as required by this title.
2.
Any PUD revision shall require the adoption of an ordinance by the
City Council and the recording of a notice of revised PUD regulations.
The revised regulations shall include the legal description of the
property affected by the revision as well as any conditions of approval
that are a part of the revision.
I.
Revocation of PUD. The Planning Commission or the City Council may
initiate proceedings to reclassify the area included in an adopted
PUD to such zone as is deemed appropriate under the following conditions:
A.
Purpose. The Historical-Cultural Overlay Zone is intended to be used
to preserve and enhance historical and cultural sites, including buildings
and structures of historic and cultural significance, and incidental
uses for the advancement and preservation of historical and cultural
interests in Garden Grove. This Historical-Cultural Overlay Zone is
intended to be combined with other zones where appropriate to give
recognition to the locally significant historic and cultural features
in the City for the general welfare of citizens of Garden Grove.
B.
Permitted Uses. The following buildings, structures and uses shall
be permitted in the Historical-Cultural Overlay Zone in addition to
the uses permitted in the base zone:
1.
Historical buildings and structures established in permanent locations
on the development site;
2.
Caretaker's residence, when incidental to primary use;
3.
Meeting areas for use by the nonprofit historical or cultural organization
owning the property and the historical or cultural nonprofit organizations,
when incidental to the primary use;
4.
Limited retail sales of materials related solely to the historical
or cultural activity conducted upon the property.
C.
Determination of Historical Significance. The criteria governing
the designation of a historical or cultural site in the City shall
be as follows:
1.
Sites. Sites shall be significant to the City or local area's social,
cultural, economic, political, religious or military history, with
adequate research and bibliographical proof supplied to support the
designation of a historical-cultural site.
2.
Individuals. The individual sponsored for recognition should have
made a significant historical contribution to the area in one of the
aforementioned fields, and primary emphasis shall be upon the site
of the achievement, rather than upon the place of birth, death or
grave site.
3.
Accessibility. The site shall be accessible to the public.
4.
Ownership. The site must be owned by a nonprofit organization, in
accordance with applicable United States Internal Revenue Service
regulations.
D.
Site Plan Required. A site plan shall be approved in the manner prescribed in Chapter 9.32, prior to the issuance of any building permits for any development in this zone.
E.
Historical-Cultural District. To prevent visual intrusion by surrounding
developments in the historical site, and to preserve the historical
site in accordance with the intent of this zone, and for the general
welfare of the citizens of Garden Grove, all future improvements,
not requiring a public hearing, for property within a 200-foot radius
of a Historical-Cultural Overlay Zone shall be approved by the Zoning
Administrator before the issuance of a building permit.
F.
Site Development Standards. The site development standards for the
Historical-Cultural Overlay Zone shall be the same as the site development
standards for the base zone (see Section 9.16.040), with the following
exceptions:
1.
The size and shape of the site shall be sufficient to allow the full
development of the proposed use in a manner consistent with the stated
purpose of this zone for all essential on-site facilities.
2.
Off-street parking spaces shall be designed and improved in accordance
with the off-street parking requirements and improvements of parking
areas provision of this chapter.
3.
The proposed development shall place buildings, parking and open
space in an aesthetically pleasing design complementary to the intent
of this zone.
4.
One identification sign shall be permitted provided:
a.
The display area does not exceed 20 square feet;
b.
The sign is stationary and non-flashing;
c.
The sign is mounted on the wall of a building or securely mounted
on a detached wall, provided the maximum height of such wall shall
not exceed six feet above the ground upon which such wall is located.
5.
Covenants, conditions and restrictions are required to guarantee
the permanence of the site for historical use, subject to the approval
of the City Attorney prior to the final approval of rezoning action
by the City Council.
A.
Purpose. The purpose of the Transportation Corridor Zone is to regulate
transportation and other land uses in the transit corridor. It further
is the purpose of the zone to establish procedures that will allow
the City to plan for and respond to proposals for development of transportation
and non-transportation uses within the corridor. The development of
non-transportation uses on the corridor will be permitted in accordance
with guidelines that allow the City to maintain the opportunity for
the development of a future potential transit use.
B.
Intent. The intent of the City in placing the zone on the transit
corridor and adjacent related properties is to:
1.
Allow for development of the transit corridor and surrounding properties
in order to enhance opportunities for the future use of the corridor
for a transit facility;
2.
Magnify and focus the intent of the General Plan of the City with
respect to development on the transit corridor;
3.
Protect and enhance surrounding uses by planning for and regulating
land uses and development proposals on the corridor;
4.
Allow for the development of transportation uses on the corridor;
5.
Allow for the development of non-transportation uses on the corridor,
subject to detailed environmental review and further subject to provisions
that ensure that the proposed use will not preclude the development
of a future transit use;
6.
Retain flexibility to accommodate intermodal transit alternatives,
without affecting the long-term development of the Community Center,
Brookhurst/Chapman, or other development or redevelopment areas bordering
the transit corridor;
7.
Plan for mitigating environmental impacts of corridor development
for transit purposes and other land uses.
C.
Permitted Transportation or Transportation Related Uses. The following
uses are permitted, subject to site plan review procedures of the
City:
1.
Transit transportation uses of an intermodal nature for intercity
and/or intracity transport;
2.
Transit and intermodal facilities, such as stations, parking structures,
bus stops, transport vehicle storage and related public use facilities,
when part of an overall plan to develop the corridor with a transit
transportation use;
3.
Commercial and office uses directly related and ancillary to the
transit facilities. These may include eating and drinking places,
news and notion shops utilizing portions of the corridor, when integrated
with intermodal station-interchange and adjacent development.
D.
Development Standards for Transportation Uses. Proposals for the
development of a future transit use will present unique and specialized
design and site plan features, such as accommodations for subsurface
or elevated facilities. The need for unique design and site plan features
makes it difficult to establish standardized development criteria.
While the establishment of predetermined development standards is
not feasible, the site plan review process shall be used to ensure
that any proposal for development of a transit facility and related
uses is in keeping with quality standards of site plan design and,
where applicable, is in conformance with the design guidelines of
the two specific plans through which the corridor traverses. The site
plan review process shall also be used to ensure that potential negative
impacts on surrounding uses have been mitigated.
E.
Non-Transportation Uses. The T-C zone shall allow for the development
of non-transportation uses on the corridor, subject to development
standards that will preserve the future use of the corridor for transit
purposes. Permitting non-transportation uses on the corridor will
allow for the full realization of development and redevelopment opportunities
within key areas of the City. Integration of the corridor into adjacent
development sites will complement and enhance the viability of a future
transit use.
F.
Permitted Non-Transportation Uses. The following non-transportation
uses are permitted on the corridor, subject to the site plan review
procedures of the City, if applicable, and further subject to a conditional
use permit.
Such uses shall be subject to conditions that shall address
the duration of the use, mitigation measures to ensure that the proposed
use will not preclude a future transit use, compatibility with adjacent
properties, on-site facilities such as parking, traffic circulation
and points of vehicular access, security and public safety, property
maintenance and other factors determined necessary to provide for
the safe and efficient use of the property.
1.
Open Field Growing. Commercial or otherwise of flowers and horticultural
nursery stock agricultural crops, provided no pots, cans or other
containers or bulk or packaged fertilizer are kept on the premises,
nor retail sales conducted on the premises;
2.
Parks and Recreations Areas. Including turfed areas, bike trails,
but excluding spectator sports and contest facilities, public amusement
devices for hire and swimming pools having more than 1,000 square
feet of water surface area;
3.
Those uses permitted in the zone(s) of the property abutting that
portion of the corridor proposed for use;
4.
In the Brookhurst/Chapman and Community Center Specific Plans, only
those non-transportation uses specified in paragraphs 1 and 2 of this
subsection, and those non-transportation uses permitted in the respective
specific plan zones that abut that portion of the corridor proposed
for use, shall be allowed.
G.
Development Standards for Non-Transportation Uses. A purpose of the
T-C zone is to ensure compatibility between proposed non-transportation
uses and surrounding uses and to ensure that any potential negative
impacts on adjacent properties have been mitigated. Therefore, the
standards for development of non-transportation uses on the corridor
shall be the following:
1.
When the corridor is proposed for a non-transportation use as part
of a development plan that includes the property adjoining the corridor,
the development standards for the corridor portion of the project
site shall be the same as the standards for development required by
the zone in which the adjoining development site is located. In such
a case, the land area within the corridor shall be regarded as being
fully integrated into the land area of the adjacent development site,
and shall not be regarded as a separate parcel for purposes of applying
the development standards required by the adjacent zone. Within the
Brookhurst/Chapman and Community Center Specific Plans, development
of non-transportation uses on the corridor shall also comply with
the design guidelines of the specific plans.
2.
Based on the unique configuration and characteristics of the corridor,
additional development standards shall also be required in order to
ensure that proposed non-transportation uses will not preclude the
development of a future transit use, to ensure compatibility with
surrounding uses, and to provide adequate on-site facilities. If the
additional standards conflict with those of the zone of the adjoining
property, the more restrictive shall apply. The additional development
standards shall also apply if the corridor is proposed for a non-transportation
use independent of an adjoining site.
a.
No permanent structures shall be constructed within the corridor,
unless constructed pursuant to a legally binding agreement between
the developer and property owner(s) that reserves the air or subsurface
rights of the corridor for a future transit use. If a structure(s)
is constructed pursuant to such an agreement, in no case shall more
than 20% of the land area within that portion of the corridor proposed
for use be covered with a building.
b.
No metal structures or trailers may be constructed or placed within
the corridor.
c.
A minimum 15-foot landscaped setback shall be required along that
portion of the corridor that abuts a public street, but in no case
shall the setback be less than that required by the adjacent zone.
The landscaped setback shall include rolling earth berms and one 24-inch
box tree for every 10 feet of street frontage. The required trees
may be grouped in clusters.
d.
A 10-foot landscaped zone separation shall be required for any proposed
nonresidential use that abuts a residential zone or properties improved
with single-family or multiple-family housing. The separation shall
be fully landscaped and planted with sufficient trees and shrubbery
to create a visual and noise buffer. No buildings may be constructed
in the required zone separation.
e.
A six-foot block wall of consistent building material and color shall
be required for any non-residential use that abuts a residential zone
or properties improved with single-family or multiple family housing.
f.
Provisions shall be made for adequate on-site facilities such as
vehicular access, circulation, off-street parking, landscaping, lighting
and security.
g.
Provisions shall be made to ensure that the proposed use is properly
related to the requirements of and opportunities for the services
performed by public agencies, and particularly emergency public safety
services.
h.
Other development standards may be imposed as determined necessary
by the hearing body.
H.
Restrictions on Non-Transportation Uses. The following non-transportation
uses shall be specifically prohibited from the transit corridor, either
as an independent use or when incorporated into a development plan
that includes property adjoining the corridor.
I.
Procedures. Proposals for the use and/or development of transportation
and non-transportation uses on the transit corridor shall be processed
as follows:
1.
Application. A site plan and conditional use permit, as required
by this title, shall be submitted and shall incorporate all of the
requirements of the site plan and conditional use permit review. Additional
requirements shall include, if applicable:
a.
Detailed phasing schedule including a narrative description of the
proposed phasing;
b.
A site plan clearly illustrating the phasing, especially when disruption
of vehicular traffic may occur on streets crossing the corridor;
c.
If determined necessary by the City, the applicant shall have an
environmental impact report or focused environmental impact report
prepared at the developer's expense to assess the environmental impact
of the proposed transit or non-transportation use; and
d.
Executed agreements and descriptive text that document adequate provisions
for the preservation of subsurface and/or air rights for a future
transit use within the corridor, or evidence of provisions for the
removal of any structures, if necessary, should a transit use be proposed.
Such agreements shall be reviewed and approved as to content by the
City Attorney during the site plan/conditional use permit review process.
2.
Public Hearing. The Planning Commission shall be the review body and shall hold a public hearing on any development that proposes to utilize air, surface or subsurface areas of the transit corridor for either a transportation or non-transportation use. Legal notification shall consist of compliance with Chapter 9.32.
3.
Findings. The Planning Commission, after holding a public hearing(s),
shall make specific findings and attach conditions with regard to
any proposed use of the transit corridor. These findings shall be
as follows:
a.
That the proposed development of a transportation or non-transportation
use or adjacent development utilizing air-rights, surface, or subsurface
rights are compatible with surrounding uses and that any negative
impacts from such development on surrounding uses have been mitigated;
b.
That adequate provisions have been made to ensure that the proposed
development of the corridor for non-transportation use(s) will not
preclude the future development of a transit use;
c.
That adequate parking and vehicular access are available for all
development proposals in accordance with the requirements of this
code;
d.
That provision has been made for adequate on-site facilities, such
as pedestrian circulation, vehicular circulation and points of access,
public safety measures, and property maintenance;
e.
That the proposed development is in the best advantage and interests
of the City, from the standpoint of integration with surrounding land
uses, the economic development strategy for the corridor and the City.
4.
Appeals. In the event that a person feels aggrieved by the action
of the hearing body, the matter may be appealed to the City Council.
A.
Purpose. This zone is intended to provide for the addition to, as
well as the protection of, existing open space land in the community.
B.
Permitted Uses.
1.
Public parks and recreation facilities;
2.
The growing of field crops, trees, vegetables, fruits, berries and
nursery stock;
3.
Religious institutions;
4.
Athletic and health clubs;
5.
Private clubs and lodges;
7.
Interpretative determination of specific permitted uses shall be
made by the Zoning Administrator.
C.
Conditional Uses. The following buildings, structures and uses may
be permitted in this zone, subject to a conditional use permit:
1.
Airport/Helistop;
2.
Public education facilities, including, but not limited to, public
elementary, intermediate and high school facilities;
3.
Homeless person's center;
4.
Public flood control and/or retarding basin facilities;
5.
Commercial radio/TV towers;
6.
Municipal water well and reservoir facilities;
7.
Water oriented parks;
8.
Public and private golf courses, including golf driving ranges;
9.
Private, nonprofit community service recreational use facilities,
including tennis and swim clubs;
10.
Cemeteries and incidental crematory and mausoleum.
D.
Site Development Standards. In order to maintain and enhance the
locally recognized values of community appearance and to promote functional
compatibility of uses, both of which are found to be necessary for
the preservation of the community health, safety and general welfare,
the following site development standards shall apply:
1.
Building Placement. Buildings and structures shall be located in
a manner assuming the least encumbrance on the land to provide for
the continued open space use of that land.
3.
Building Structure Height Limitations. The maximum height for any
single-family dwelling shall be two stories or 35 feet, whichever
is less.
4.
Yards and Building Setback Requirements. Refer to Section 9.16.040.010
for yard and building setback requirements.
5.
Conditional Uses. The Zoning Administrator shall determine the specific
development standards that will ensure compatibility to surrounding
areas and conformance with this section.
A.
Statutory Authorization. The Legislature of the State of California
has, in Government Code Sections 65302, 65560 and 65800, conferred
upon local government units authority to adopt regulations designed
to promote the public health, safety and general welfare of its citizenry.
Therefore, the City of Garden Grove hereby adopts the following Floodplain
Management Regulations.
1.
Findings of Fact.
a.
The flood hazard areas of the City of Garden Grove are subject to
periodic inundation, which results in loss of life and property, health
and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely affect the
public health, safety and general welfare.
b.
These flood losses are caused by uses that are inadequately elevated,
floodproofed or protected from flood damage. The cumulative effect
of obstructions in areas of special flood hazards that increase flood
heights and velocities also contribute to the flood loss.
2.
Statement of Purpose. The purpose of this section is to promote the
public health, safety and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
a.
Protect human life and health;
b.
Minimize expenditure of public money for costly flood control projects;
c.
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
d.
Minimize prolonged business interruptions;
e.
Minimize damage to public facilities and utilities such as water
and gas mains; electric, telephone and sewer lines; and streets and
bridges located in area of special flood hazard;
f.
Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future
blighted areas caused by flood damage;
g.
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
h.
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
3.
Methods of Reducing Flood Losses. In order to accomplish its purposes,
this section includes methods and provisions to:
a.
Restrict or prohibit uses that are dangerous to health, safety and
property due to water or erosion hazards, or that result in damaging
increases in erosion or flood heights or velocities;
b.
Require that uses vulnerable to floods, including facilities that
serve such uses, be protected against flood damage at the time of
initial construction;
c.
Control the alteration of natural floodplains, stream channels, and
natural protective barriers that help accommodate or channel floodwaters;
d.
Control filling, grading, dredging and other development that may
increase flood damage; and
e.
Prevent or regulate the construction of flood barriers that will
unnaturally divert floodwaters or that may increase flood hazards
in other areas.
4.
Lands to Which this Section Applies. This section shall apply to
all areas of special flood hazards within the jurisdiction of the
City of Garden Grove.
5.
Basis for Establishing the Areas of Special Flood Hazard. The areas
of special flood hazard identified by the Federal Insurance Administration
(FIA) of the Federal Emergency Management Agency (FEMA) in the Flood
Insurance Study (FIS) dated February 18, 2004, and accompanying Flood
Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs),
dated February 18, 2004, and all subsequent amendments and/or revisions,
are hereby adopted by reference and declared to be a part of this
section. This FIS and attendant mapping is the minimum area of applicability
of this section and may be supplemented by studies for other areas
that allow implementation of this section and that are recommended
to the City of Garden Grove by the Floodplain Administrator. The study,
FIRMs and FBFMs are on file at 11222 Acacia Parkway, Garden Grove,
CA.
6.
Compliance. No structure or land shall hereafter be constructed,
located, extended, converted or altered without full compliance with
the term of this section and other applicable regulations. Violation
of the requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a misdemeanor.
Nothing herein shall prevent the City of Garden Grove from taking
such lawful action as is necessary to prevent or remedy any violation.
7.
Abrogation and Greater Restrictions. This section is not intended
to repeal, abrogate or impair any existing easements, covenants or
deed restrictions. However, where this section and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
9.
Warning and Disclaimer of Liability. The degree of flood protection
required by this section is considered reasonable for regulatory purposes
and is based on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This section does not imply
that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This
section shall not create liability on the part of the City of Garden
Grove, any officer or employee thereof, the State of California, or
the Federal Insurance Administration, Federal Emergency Management
Agency, for any flood damages that result from reliance on this section
or any administrative decision lawfully made hereunder.
10.
Severability. This section and the various parts thereof are hereby
declared to be severable. Should any part of this section be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the section as a whole, or any portion
thereof, other than the part so declared to be unconstitutional or
invalid.
B.
Establishment of Development Permit.
1.
A development permit shall be obtained before any construction or
other development begins within any area of special flood hazard established
in subsection A.5. Application for a development permit shall be made
on forms furnished by the Floodplain Administrator and may include,
but not be limited to: plans in duplicate drawn to scale showing the
nature, location, dimensions and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage
facilities; and the location of the foregoing. Specifically, the following
information is required:
a.
Site plan, including, but not limited to:
i.
For all proposed structures, spot ground elevations at building corners
and 20-foot or smaller intervals along the foundation footprint, or
one foot contour elevations throughout the building site;
ii.
Proposed locations of water supply, sanitary sewer and utilities;
iii.
If available, the base flood elevation from the flood insurance
study and/or flood insurance rate map;
iv.
If applicable, the location of the regulatory floodway; and
b.
Foundation design detail, including, but not limited to:
i.
Proposed elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
ii.
For a crawl-space foundation, location and total net area of
foundation openings as required in subsection C.1.c.iii of this section
and FEMA Technical Bulletins 1-93 and 7-93; and
iii.
For foundations placed on fill, the location and height of fill,
and compaction requirements (compacted to 95% using the Standard Proctor
Test method);
c.
Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in subsection C.1.c.ii
of this section and FEMA Technical Bulletin TB 3-93;
d.
All appropriate certifications listed in subsection B.3.d of this
section; and
e.
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
2.
Designation of the Floodplain Administrator. The City Manager or
his or her designee is hereby appointed to administer, implement and
enforce this section by granting or denying development permits in
accord with its provisions.
3.
Duties and Responsibilities of the Floodplain Administrator. The
duties and responsibilities of the Floodplain Administrator shall
include, but not be limited to the following:
a.
Permit Review. Review all development permits to determine that:
i.
Permit requirements of this section have been satisfied,
ii.
All other required state and federal permits have been obtained,
iii.
The site is reasonably safe from flooding, and
iv.
The proposed development does not adversely affect the carrying
capacity of areas where base flood elevations have been determined,
but a floodway has not been designated. For purposes of this section,
"adversely affects" means that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will increase the water surface elevation of the base
flood more than one foot at any point.
b.
Review, Use and Development of Other Base Flood Data.
i.
When base flood elevation data has not been provided in accordance with subsection A.5., the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer subsection C. Any such information shall be submitted to the City of Garden Grove for adoption; or
ii.
If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas—A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July, 1995, in order to administer subsection C.
(A)
Simplified Method.
c.
Notification of Other Agencies. In alteration or relocation of a
watercourse:
i.
Notify adjacent communities and the California Department of Water
Resources prior to alteration or relocation;
ii.
Submit evidence of such notification to the Federal Insurance
Administration, Federal Emergency Management Agency; and
iii.
Assure that the flood carrying capacity within the altered or
relocated portion of said watercourse is maintained.
d.
Documentation of Floodplain Development. Obtain and maintain for
public inspection and make available, as needed, the following:
i.
Certification required by subsections C.1.c.i and C.1.c.iv (lowest
floor elevations),
ii.
Certification required by subsection C.1.c.ii (elevation or
floodproofing of nonresidential structures),
iii.
Certification required by subsection C.1.c.iii (wet floodproofing
standard),
iv.
Certification of elevation required by subsection C.1.c.vi(A)
(subdivision standards),
v.
Certification required by subsection C.1.c.viii(A) (floodway encroachments),
e.
Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection D.
f.
Remedial Action. Take action to remedy violations of this section
as specified in subsection A.3.
4.
Appeals. The Planning Commission of the City shall hear and decide
appeals when it is alleged there is an error in any requirement, decision,
or determination made by the Floodplain Administrator in the enforcement
or administration of this section.
C.
Standards of Construction.
1.
In all areas of special flood hazards, the following standards are
required:
a.
Anchoring.
i.
All new construction and substantial improvements shall be adequately
anchored to prevent flotation, collapse or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy.
ii.
All manufactured homes shall meet the anchoring standards of
subsection C.1.c.vii.
b.
Construction Materials and Methods. All new construction and substantial
improvement shall be constructed:
i.
With flood resistant materials, as specified in FEMA Technical Bulletin
TB 2-93, and utility equipment resistant to flood damage;
ii.
Using methods and practices that minimize flood damage;
iii.
With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding; and
iv.
Within Zone AH or AO, so that there are adequate drainage paths
around structures on slopes to guide floodwaters around and away from
proposed structures.
c.
Elevation and Floodproofing. (See Section 9.04.060 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement.")
i.
Residential construction, new or substantial improvement, shall have
the lowest floor, including basement, in:
(A)
Zone A, elevated to or above the base flood elevation; said
base flood elevation shall be determined by one of the methods in
subsection B.3.b of this section. (The State of California recommends
the lowest floor be elevated at least two feet above the base flood
elevation, as determined by the community.)
(B)
All other zones, elevated to or above the base flood elevation.
(The State of California recommends the lowest floor be elevated at
least two feet above the base flood elevation.)
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, and verified by the Community Building Inspector
to be properly elevated. Such certification and verification shall
be provided to the Floodplain Administrator.
ii.
Nonresidential construction, new or substantial improvement,
shall either be elevated to conform with subsection C.1.c.i, or together
with attendant utility and sanitary facilities:
(A)
Be floodproofed below the elevation recommended under subsection
C.1.c.i so that the structure is watertight, with the walls substantially
impermeable to the passage of water;
(B)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(C)
Be certified by a registered professional engineer or architect
that the standards of this subsection C.1.c.ii are satisfied. Such
certification shall be provided to the Floodplain Administrator.
iii.
All new construction and substantial improvement with fully
enclosed areas below the lowest floor (excluding basements) that are
usable solely for parking of vehicles, building access or storage,
and that are subject to flooding, shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for
the entry and exit of floodwater. Designs for meeting this requirement
shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and
TB 7-93, and must exceed the following minimum criteria:
(A)
Have a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area subject
to flooding. The bottom of all openings shall be no higher than one
foot above grade. Openings may be equipped with screens, louvers,
valves or other coverings or devices provided that they permit the
automatic entry and exit of floodwater; or
(B)
Be certified by a registered professional engineer or architect.
iv.
Manufactured homes shall also meet the standards in subsection
C.1.c.vii.
v.
vi.
Standards for Subdivisions.
(A)
All preliminary subdivision proposals shall identify the special
flood hazard area and the elevation of the base flood.
(B)
All subdivision plans will provide the elevation of proposed
structure(s) and pad(s). If the site is filled above the base flood
elevation, the lowest floor and pad elevations shall be certified
by a registered professional engineer or surveyor and provided to
the Floodplain Administrator.
(C)
All subdivision proposals shall be consistent with the need
to minimize flood damage.
(D)
All subdivision proposals shall have public utilities and facilities,
such as sewer, gas, electrical and water systems, located and constructed
to minimize flood damage.
(E)
All subdivisions shall provide adequate drainage to reduce exposure
to flood hazards.
vii.
Standards for Manufactured Homes.
(A)
All manufactured homes that are placed or substantially improved,
within Zones A1-30, AH, and AE on the community's flood insurance
rate map, on sites located:
(1)
Outside of a manufactured home park or subdivision;
(2)
In a new manufactured home park or subdivision;
(3)
In an expansion to an existing manufactured home
park or subdivision; or
(4)
In an existing manufactured home park or subdivision
on a site upon which a manufactured home has incurred "substantial
damage" as the result of a flood, shall be elevated on a permanent
foundation, such that the lowest floor or the manufactured home is
elevated to or above the base flood elevation (the State of California
recommends at least two feet above the base flood elevation) and be
securely fastened to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(B)
All manufactured homes that are placed or substantially improved
on sites located within Zones V1-30, V, and VE on the community's
Flood Insurance Rate Map will meet the requirements of subsection
C.1.c.vii.(A).
(C)
All manufactured homes to be placed or substantially improved
on sites in an existing manufactured home park or subdivision within
Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance
Rate Map that are not subject to the provisions of subsection C.1.c.vii(A)
will be securely fastened to an adequately anchored foundation system
to resist flotation, collapse and lateral movement, and be elevated
so that:
(1)
The lowest floor of the manufactured home is at
or above the base flood elevation (the State of California recommends
at least two feet above the base flood elevation), or
(2)
The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than 36 inches in height above grade.
(D)
Upon the completion of the structure, the elevation of the lowest
floor including basement shall be certified by a registered professional
engineer or surveyor, and verified by the Community Building Inspector
to be properly elevated. Such certification and verification shall
be provided to the Floodplain Administrator.
viii.
Floodways. Located within areas of special flood hazard established
in subsection A.2 are areas designated as floodways. Since the floodway
is an extremely hazardous area due to the velocity of floodwaters,
which carry debris, potential projectiles and erosion potential, the
following provisions apply:
(A)
Prohibit encroachments, including fill, new construction,
substantial improvement, and other new development unless certification
by a registered professional engineer is provided demonstrating that
encroachments shall not result in any increase in the base flood elevation
during the occurrence of the base flood discharge;
D.
Nature of Variances.
1.
The variance criteria set forth in this subsection are based on the
general principle of zoning laws that variances pertain to a piece
of property and are not personal in nature. A variance may be granted
for a parcel of property with physical characteristics so unusual
that complying with the requirements of this section would create
an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not
be shared by adjacent parcels. The unique characteristic must pertain
to the land itself, not to the structure, its inhabitants or the property
owners.
It is the duty of the City of Garden Grove to help protect its
citizens from flooding. This need is so compelling and the implications
of the cost of insuring a structure built below the flood level is
so serious that variances from the flood elevation or from other requirements
in the flood ordinance are quite rare. The long-term goal of preventing
and reducing flood loss and damage can only be met if variances are
strictly limited. Therefore, the variance guidelines provided in this
section are more detailed and contain multiple provisions that must
be met before a variance can be properly granted. The criteria are
designed to screen out those situations in which alternatives other
than a variance are more appropriate.
2.
Appeal Board.
a.
In passing upon requests for variances, the Planning Commission shall
consider all technical evaluations, all relevant factors, and standards
specified in other subsections of this section, including:
i.
Danger that materials may be swept onto other lands to the injury
of others;
ii.
Danger of life and property due to flooding or erosion damage;
iii.
Susceptibility of the proposed facility and its contents to
flood damage and the effect of such damage on the existing individual
owner and future owners of the property;
iv.
Importance of the services provided by the proposed facility
to the community;
v.
Necessity to the facility of a waterfront location, where applicable;
vi.
Availability of alternative locations for the proposed use that
are not subject to flooding or erosion damage;
vii.
Compatibility of the proposed use with existing and anticipated
development;
viii.
Relationship of the proposed use to the comprehensive plan and
floodplain management program for that area;
ix.
Safety of access to the property in time of flood for ordinary
and emergency vehicles;
x.
Expected heights, velocity, duration, rate of rise and sediment transport
of the floodwaters expected at the site; and
xi.
Costs of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, water system, and streets
and bridges.
b.
Any applicant to whom a variance is granted shall be given written
notice over the signature of a community official that:
i.
The issuance of a variance to construct a structure below the base
flood level will result in increased premium rates for flood insurance
up to amounts as high as $25.00 for $100.00 of insurance coverage;
and
ii.
Such construction below the base flood level increases risks
to life and property. It is recommended that a copy of the notice
shall be recorded by the Floodplain Administrator in the office of
the County Recorder and shall be recorded in a manner so that it appears
in the chain of the title of the affected parcel of land.
c.
The Floodplain Administrator will maintain a record of all variance
actions, including justification for their issuance, and report such
variances issued in its biennial report submitted to the Federal Insurance
Administration, Federal Emergency Management Agency.
3.
Conditions for Variances.
a.
Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of subsections B and C of this section have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.
b.
Variances may be issued for the repair or rehabilitation of "historic
structures" upon a determination that the proposed repair or rehabilitation
will not preclude the structure's continued designation as a historic
structure, and the variance is the minimum necessary to preserve the
historic character and design of the structure.
c.
Variances shall not be issued within any mapped regulatory floodway
if any increase in flood levels during the base flood discharge would
result.
d.
Variances shall only be issued upon a determination that the variance
is the "minimum necessary," considering the flood hazard, to afford
relief. "Minimum necessary" means to afford relief with a minimum
of deviation from the requirements of this section. For example, in
the case of variances to an elevation requirement, this means the
Planning Commission need not grant permission for the applicant to
build at grade, or even to whatever elevation the applicant proposes,
but only to that elevation that the Planning Commission believes will
both provide relief and preserve the integrity of the local ordinance.
e.
Variance shall only be issued upon:
i.
A showing of good and sufficient cause;
ii.
A determination that failure to grant the variance would result
in exceptional "hardship" to the applicant; and
iii.
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, or
extraordinary public expense, create a nuisance, cause fraud or victimization
of the public, or conflict with existing local laws or ordinances.
f.
Variances may be issued for new construction, substantial improvement,
and other proposed new development necessary for the conduct of a
functionally dependent use provided that the provisions of this section
are satisfied and that the structure or other development is protected
by methods that minimize flood damages during the base flood, does
not result in additional threats to public safety, and does not create
a public nuisance.
g.
Upon consideration of these factors and the purposes of this section,
the Planning Commission may attach such conditions to the granting
of a variance as it deems necessary to further the purposes of this
section.
A.
Purpose. The Transition Overlay Zone (T) is intended to encourage
recycling of underutilized properties and consolidation of developable
land, thereby achieving more efficient land use and improved site
designs, while providing a smooth transition between residential and
commercial properties. The overlay zone is limited to Multiple-Family
Residential (R-3) and Neighborhood Commercial (C-1) zones. Where appropriate,
commercial development in C-1(T) zones could be permitted to transition
into designated Multiple-Family Residential R-3(T) areas. Special
development standards, design criteria and lot consolidation incentives
have been designed to achieve this transition.
B.
Multiple-Family Residential Transition R-3(T) Zone.
1.
Permitted Uses. All uses permitted in the R-3 zone;
C.
Neighborhood Commercial Transition C-1(T) Zone.
1.
Permitted Uses. As specified within this title for the C-1 zone,
with the following exceptions:
2.
Site Development Standards. Shall be as specified within this title
for the C-1 zone, with the following exceptions for creation of new
lots:
a.
Minimum lot area: 27,500 square feet,
b.
Minimum lot depth: 160 feet,
c.
All corner lots shall maintain a 25-foot corner cut-off. Building
encroachment shall not be allowed within this cut-off area,
d.
Minimum lot width: new lots or consolidated lots shall have a minimum
continuous width to depth ratio of 1.1 to 1. For the purpose of this
chapter, lot width shall be measured from property frontage adjacent
to the arterial street.
3.
Design Criteria. The intent of the design criteria is to establish
a workable framework that translates the goals, objectives, and concepts
into workable and practical development guidelines. It is the intent
that these guidelines be administered by the City and implemented
by property owners and/or developers of individual projects. Deviation
from these guidelines may occur only if it is clearly demonstrated
to and determined by the Planning Commission that departure from these
guidelines will still comply with the written and implied intent of
this section.
a.
The design criteria for Neighborhood Commercial Transition C-1(T)
shall be the following:
i.
Neighborhood Retail Center.
(A)
Profile. Neighborhood retail centers can range from single-
to multi-tenant structures. Uses include general retail, food and
services. In most cases there is one major tenant, with parking at
the front of the building facing the street. Service areas are generally
located at the rear of the building with landscaped buffer area adjacent
to residential uses.
(B)
Guidelines.
(1)
Buildings shall have entries that either face onto
or are clearly visible from the main arterial street.
(2)
Outdoor eating areas, excluding alcohol sales,
are encouraged, incorporating courtyards and patios. These shall be
visible to the public and, where possible, connected to public sidewalks.
(3)
Vehicular access to the center shall be from a
major arterial street.
(4)
Rear service areas shall be buffered from adjoining
residential areas.
(5)
Access to second level offices shall be designed
to be an interior element. Outdoor walkways shall not be permitted.
(6)
Parking areas shall be designed to allow continuous
circulation with potential or existing adjacent retail developments.
Future access rights shall be ensured through cross easements.
(7)
Truck loading areas adjacent to residential properties
shall provide sound attenuation walls at the loading dock, parallel
to the residentially zoned properties.
ii.
Office.
(A)
Profile. A single or multi-story building containing professional
and/or general office space for single or multiple tenants.
(B)
Guidelines.
(1)
Building entry shall be clearly visible from the
sidewalk or street edge. All second level office access shall be enclosed
in interior hallways, or access may be provided by exterior stairway
and walkways that are not visible from off site.
(2)
Adjoining residential areas shall be protected
by maintaining a landscape buffer edge and limiting public building
openings towards residential areas. Landscaping shall be provided
in parking lots to create shade and to improve the aesthetic quality.
(3)
In mixed-use, retail/office buildings, office uses
shall occur on second levels. Retail uses shall be provided at the
ground level.
(4)
Infill office development shall relate to adjoining
buildings by being compatible with their existing materials, height,
building bulk, orientation and street relationship.
(5)
Glass areas at the ground floor shall not use reflective
glass.
iii.
Freestanding Restaurant (Excluding Fast Food).
(A)
Profile. A building containing food service with seating areas.
(B)
Guidelines.
(1)
Restaurants entry shall be the focal point of the
façade design. The main entry shall either front onto or be
visible from the street.
(2)
Restaurant signs shall be simple and appropriate
to enhance the building's architecture and shall comply with existing
Title 9 regulations.
(3)
Restaurants shall provide outdoor terrace/patio
eating areas, without alcohol services, integrated with the pedestrian
circulation.
(4)
Corner sites are preferred locations for freestanding
restaurants.
(5)
Restaurant uses shall have good visibility and
access from major streets.
D.
Lot Consolidation. Lot consolidation is encouraged for both commercial
and residential development within transition overlay zones. Minimum
lot sizes have been established for both commercial and residential
projects. Lot consolidation will facilitate improved development patterns
by creating design flexibility to accommodate better circulation patterns,
landscaping and building design.
1.
Incentives. Incentives have been provided to encourage high quality
development to create cohesive design, appearance and access. The
following incentives may be granted based on the intensity of development
and impacts it may have on the area:
a.
When interior hallway office access is provided at the second level
of a proposed building, the hallway area may be excluded from the
floor area calculations when determining required parking. This determination
shall be made on a project-by-project basis.
b.
Selected local streets may be considered for abandonment when such
abandonment is found to be necessary and desirable to improve circulation
on arterial streets, protect neighborhood areas and increase development
areas.
E.
Transition Procedure. Commercial development may be considered for
transition into multiple-family residential (R-3) areas under the
following conditions:
