Standards for work-live units and artists' lofts/studios, including the adaptive reuse of existing nonresidential buildings to accommodate work-live uses, are as follows:
A. Limitations on Use. The nonresidential component of a work-live development shall be a use allowed within the applicable zone by Section 9.18.020 (Uses Permitted) and Table 9.18-1 (Use Regulations for the Mixed Use Zones), subject to the following additional limitations.
1. Prohibited Uses. A work-live unit shall not be allowed to include any of the following activities:
a. Auto repair, general; auto repair, including paint or body work; auto maintenance, minor; or any similar use.
b. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use.
c. Any other activity or use, as determined by the responsible review authority to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of work-live unit residents due to the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.
2. Changes in Use. After approval, a work-live unit shall not be converted to entirely residential use. The covenants, conditions, and restrictions of any work-live project or unit in any Mixed Use zone shall include the requirement that the work-live use shall not be converted to exclusive residential use.
3. Fire Department Review. The Fire Department shall review all work-live applications and have the authority to make recommendations regarding permitted nonresidential uses based on fire code and general public health and safety recommendations.
B. Design Standards.
1. Floor Area Requirement. A work-live unit shall have a minimum floor area of at least 750 square feet. The maximum size of the residential portion of the work-live unit shall be no more than 40% of the unit to ensure that the residential portion remains accessory to the primary commercial use. All floor area other than that reserved for living space shall be reserved and regularly used for working space.
a. Separation and Access of Individual Units. Each work-live unit shall be separated from other units and other uses in the building. Access to each unit shall be provided via storefronts or from common access areas, corridors, or halls. The access to each unit shall be clearly separate from other work-live units or other uses within the building, with no shared access. Living space shall be located in the rear ground level or second floor and above to maintain activity and commercial access along the frontage.
b. Facilities to Accommodate Commercial or Industrial Activities. A work-live unit shall be designed to accommodate nonresidential uses as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively nonresidential facilities used for the same work activity.
c. Integration of Living and Working Space. Areas within a work-live unit that are designated as living space shall be an integral part of the work-live unit and not separated (or occupied and/or rented separately) from the work space, subject to compliance with the other provisions of this title, including other applicable building standards codes and regulations.
d. Mixed Occupancy Buildings. If a building contains mixed occupancies of work-live units and other nonresidential uses, occupancies other than work-live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work-live units and other occupancies, as determined by the Fire Chief or designee.
C. Operating Requirements.
1. Occupancy. A work-live unit shall be occupied and used only by the operator of the business within the unit, or a household of which at least one member shall be the business operator.
2. Business License Required. At least one of the residents of a work-live unit shall be required to have a business license with the City of Garden Grove.
3. Sale or Rental of Portions of Unit. No portion of a work-live unit may be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit.
4. Notice to Occupants. The owner or manager of any building containing work-live units shall provide written notice to all occupants and users that the surrounding area may be subject to levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in strictly residential areas. State and federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.
5. Non-Resident Employees. Up to two persons who do not reside in the work-live unit may work in the unit unless this employment is prohibited or limited by the conditional use permit. The employment of three or more persons who do not reside in the work-live unit may be permitted subject to conditional use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. The employment of any persons who do not reside in the work-live unit shall comply with all applicable Building Code, Occupational Safety and Health Administration (OSHA), and other state and federal regulations.
6. Client and Customer Visits. Client and customer visits to work-live units are permitted subject to any applicable conditions of the conditional use permit, to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas or uses.
(2814, 2012; 2939 § 3, 2022)