Certain uses require the application of specific conditions and development standards to address site and operating characteristics that have the potential to adversely affect adjacent properties. For uses requiring a conditional use permit, the standards set forth in this section shall apply in addition to any particular conditions applied through the conditional use permit process. For those uses allowed as a matter of right, the standards set forth in this section for those particular uses shall apply.
(2814, 2012)
See Section 9.18.050 (Adult Entertainment Uses).
(2814, 2012)
See Section 9.18.060 (Alcohol Beverage Sales).
(2814, 2012)
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.
3. 
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.
4. 
Doors of the establishment shall be kept closed at all times during operation of the establishment, except in the case of emergency or to permit deliveries.
5. 
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.
6. 
A responsible adult employee shall be on duty throughout the hours that such establishment is open for business.
B. 
Incidental Amusement Devices. Up to and including nine incidental amusement devices may be permitted incidental to a permitted use. Incidental amusement devices shall be subject to operating conditions regulating number, location, noise, hours, security, an d size in order to eliminate or reduce adverse impacts on the primary use and nearby uses.
(2814, 2012)
Subject to the following requirements:
A. 
The art gallery/retail business shall be located at the front of the store, including the storefront and any displays within the storefront.
B. 
The tattoo art studio portion of the business is limited to a maximum of 30% of the gross floor area of the entire tenant space.
C. 
The art gallery/retail business shall have more floor area than the tattoo art studio (at least 20% more square footage than the tattoo art studio).
D. 
The art gallery/retail business shall be staffed and have changing art displays in a variety of mediums and styles for sale. The art displayed shall be changed at least every three months.
E. 
At no time shall the art in the art gallery be sample sketches ("tattoo flash") for tattoos. However, paintings and other medium that employ tattoo motifs shall be allowed.
F. 
An art gallery/retail business with tattoo art studio shall not be located within 500 feet of another such use.
G. 
An art gallery/retail business with tattoo art studio shall not be located within 500 feet of a school.
H. 
Required parking for the tattoo portion of the business shall be in a ratio of one space for every 200 square feet of gross floor area. Art studios and galleries are parked at one space for every 500 square feet of gross floor area.
I. 
Proposed art gallery/retail business with tattoo art studio uses shall be reviewed based on their individual site.
(2850 § 6, 2014)
Arts and crafts studios and similar establishments allowed by the chapter are permitted, subject to the following conditions:
A. 
Intent. The intent of such studios is the provision of a service, as opposed to manufacture of goods or wares.
B. 
Equipment Scale. Any equipment or apparatus used on the premises shall be of a scale and construction that facilitate easy handling and operation by nonprofessionals.
C. 
Operations. The operation shall not be noxious or objectionable to surrounding properties.
(2814, 2012)
Such uses shall require a conditional use permit and shall be subject to the following conditions:
A. 
The facility, each owner, operator and manager thereof, and each person providing massage services on the premises shall comply with all provisions of Chapter 5.12 (Massage Regulations) of this Code at all times.
B. 
Each person engaged in the business of massage on the premises shall obtain and maintain an operator's permit from the Police Chief pursuant to Chapter 5.12. No massage services may be provided on the premises without a current and valid operator's permit for the premises.
C. 
Permitted hours of operation of that portion of the facility, in which massage services are provided, may not exceed those set forth in Chapter 5.12.
D. 
No alcoholic beverages or controlled substances shall be sold, served, furnished, kept, consumed, or possessed on the premises at any time.
E. 
No live entertainment shall be permitted on the premises.
F. 
The establishment shall be open to the public, and shall provide facilities for men and women.
(2814, 2012; 2861 § 14, 2015)
All auto repair uses shall be subject to the following regulations:
A. 
Enclosed Building. All work, including, but not limited to, vehicle repair, restoration, storage areas and business operations, shall be conducted within a wholly enclosed building.
B. 
Parking. Customers and employees shall be required to park on site.
C. 
Equipment Storage. Used or damaged equipment removed from vehicles during the repair process shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal.
D. 
Public Streets. No vehicles shall be stored on public streets.
E. 
Service Bay Screening and Access. Service bays for vehicle repair, restoration, and storage shall be screened from direct view from public rights-of-way and private properties. All service bay doors shall take vehicular access from either an interior side or rear of building. If service bays face a street, the service bays shall be situated parallel to a secondary street or alley.
F. 
Distance Requirements. No new auto repair business shall be established if such business is within 1,000 feet of any other auto repair business.
G. 
Services Not Permitted. The following auto repair services are explicitly not permitted in any Mixed Use zone, except the AR zone: vehicle body work, painting, upholstery installation and repair, and recapping or retreading of tires.
(2814, 2012)
Automatic car washes shall be subject to the following regulations:
A. 
Enclosed Building. Any car wash in which power-driven or steam cleaning equipment is used shall be contained wholly within a completely enclosed building, with openings for the entrance and/or exit of vehicles. Any activity involving hand drying of vehicles does not require enclosure within a building. Hand drying shall only be conducted in areas not used for required parking or vehicular circulation.
B. 
Noise. Any sound emanating from the operation shall be in conformance with those standards adopted by the City for the control of noise and noise sources.
C. 
Hours of Operation. Operation shall not be allowed before 7:00 a.m. and after 10:00 p.m.
(2814, 2012)
Automobile fleet storage shall be conducted only in conjunction with an existing new car dealership located within the City and shall be subject to the following conditions:
A. 
Automobile fleet storage shall only be permitted on sites zoned NMU (Neighborhood Mixed Use) that are also within the Pacific Electric/OCTA (Orange County Transportation Authority) Right-of-Way.
B. 
Automobile fleet storage shall not be located directly adjacent to, or abutting, residentially zoned and developed properties.
C. 
A site plan and conditional use permit shall be required, pursuant to Municipal Code Section 9.32.030.
D. 
On-site vehicle storage or maintenance shall be limited to new automobiles. There shall be no storing or maintaining of used automobiles, inoperable automobiles, or automobiles in a wrecked or dismantled condition.
E. 
The automobile fleet storage lot shall be secured by a perimeter fence or wall with a minimum height of six feet, but not to exceed eight feet, and shall also include a vehicular access gate(s) providing access to a public street(s). Site access, for vehicular ingress and egress, shall be limited to principal, major, primary, or secondary arterial streets, as identified in the City's Master Plan of Streets and Highways. There shall be no access to residential streets or adjacent properties. The perimeter fence/wall and the location of any vehicular access gate(s) shall be subject to review and approval by the Planning Division and the Public Works Department, Engineering Division. Perimeter fencing shall not include the use of barbed wire, "Constantine" wire, razor wire, or other similar fence treatment that is visible from the public street or located on top of the fence.
F. 
The perimeter fence or wall for the site shall maintain a minimum setback of 15 feet to any property line (as measured from the ultimate right-of-way) along a public street. All required setbacks shall be fully landscaped with automatic irrigation and shall comply with the City's Water Efficiency Ordinance, pursuant to Municipal Code Section 9.18.120.020, Water Efficiency Requirements. All landscaped areas, within required setbacks, shall be planted with an effective combination of trees, grass berms, ground cover, lawn, shrubbery, and/or approved dry decorative landscaping material.
G. 
All on-site lighting shall comply with the City's lighting standards, pursuant to Municipal Code Section 9.18.140.070, Parking Design Standards.
H. 
No site signage shall be permitted.
I. 
There shall be no loading or unloading of automobiles (e.g., via semi-truck) on site or within any public right-of-way. All automobiles that access the automobile fleet storage lot shall be driven individually by authorized employees of the new car dealership, within the City of Garden Grove, that the lot is serving.
J. 
All parking spaces, driveways and maneuvering areas shall be fully paved and maintained with asphalt, concrete, or other City approved material.
(2933 § 5, 2022)
A. 
Additional Regulations. All bars and nightclubs shall be subject to the requirements set forth in Section 9.18.060 (Alcohol Beverage Sales). Where entertainment is provided, the regulations of Section 9.18.030.140 (Eating Establishment with Entertainment) shall also apply.
B. 
Location Restrictions.
1. 
Restaurants, bars, and nightclubs with entertainment shall not be permitted to be located within 200 feet of any "R" zoned property or any PUD established exclusively for residential use, any property containing a residential use, or any building owned and occupied by a public agency.
2. 
With exception of emergency access, all pedestrian and vehicular access to a bar or nightclub shall be oriented toward a principal, major, or arterial street, such as Garden Grove Boulevard, Magnolia Street, and 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.
C. 
Waiver of Distance and Location Provisions. For a residential/commercial mixed use development project, as defined in this title, any property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross-referenced in this section. The hearing body, through the hearing process for the conditional use permit, may grant a waiver to any distance or location provision for a residential/commercial mixed use development if the following findings can be made:
1. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
2. 
That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;
3. 
That the use will not interfere with the operations of other businesses or uses on the site;
4. 
That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization, nor will it interfere with any program being carried out pursuant to the community redevelopment law;
5. 
That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and
6. 
That all applicable regulations of this code will be observed.
(2814, 2012)
Bed and breakfasts shall require a conditional use permit and shall be subject to the following regulations:
A. 
Limitation on Services Provided. Meals and rental of bedrooms shall be limited to registered guests. Separate or additional kitchens for guests are prohibited. No cooking facilities shall be allowed in guest rooms.
B. 
Occupancy. Guest occupancy shall be limited to 14 days during any 30-day period and 80 days during any 365-day period.
C. 
Type of Residence. Bed-and-breakfast inns shall be managed and occupied by the owner of the property.
D. 
Existing Building. Bed-and-breakfast inns shall only be permitted as an adaptive reuse occurring in an existing building.
E. 
Parking. Parking spaces shall be provided according to the standards of Section 9.18.140.030 (Parking Spaces Required). Such spaces shall not encumber access to a required parking space for the residential use.
F. 
Adjoining Property Owner Comments. Prior to the hearing body's action on the application, the applicant shall provide evidence that written comments have been solicited from all owners and occupants of properties adjoining the proposed use. Any written comments received shall be submitted to the hearing body.
G. 
Transient Occupancy Permit. A transient occupancy permit shall be obtained prior to activating the conditional use permit.
H. 
Signage. All signs shall be externally lighted only and shall be turned off by 10:00 p.m.
(2814, 2012)
A. 
Conditional Use Permit Required. Billiard parlors and pool halls, either as a primary or incidental use, shall require a conditional use permit and be subject to the requirements set forth in Chapter 5.40 (Pool Rooms) of the Municipal Code. In addition, a conditional use permit for a billiard parlor or pool hall shall be considered to be null and void if the establishment ceases operation for 30 or more consecutive days.
B. 
Location Restrictions.
1. 
Billiard parlors and pool halls shall not be permitted to be located within 200 feet of any "R" zoned property or any PUD established exclusively for residential use, any property containing a residential use, or any building owned and occupied by a public agency.
2. 
Billiard parlors and pool halls shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity, including such considerations as noise, late night operations, loitering, and public safety.
C. 
Waiver of Distance and Location Provisions. Any property owner or his or her authorized agent may, as part of the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross-referenced in this section. The hearing body, through the hearing process for the conditional use permit, may grant a waiver to any distance or location provision if the following findings can be made:
1. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
2. 
That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;
3. 
That the use will not interfere with the operations of other businesses or uses in the vicinity of the site;
4. 
That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization;
5. 
That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and
6. 
That all applicable regulations of this code will be observed.
D. 
Access. With the exception of emergency access, all pedestrian and vehicular access to a billiard parlor or pool hall shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Avenue, except in the CC-2 zone, primary access and entry may be oriented toward Main 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.
E. 
Doors. Doors of the establishment shall be kept closed at all times during the operation of the establishment except in the case of an emergency or to permit deliveries.
F. 
Conditions on Use. The hearing body shall have the authority to impose conditions on a billiard parlor or pool hall to ensure compliance with the provisions of this section and to mitigate against potential nuisance or public safety concerns. Those conditions may include, but are not limited to, restricting hours of operation, requirements for security lighting and cameras, requirements for private security, monitoring of parking lots, and background checks of operators and employees.
G. 
Denial. The hearing body shall have the authority to deny a conditional use permit application for a billiard parlor or pool hall if the hearing body finds, based on evidence on the record, that approval of such a use would result in an undue concentration of uses with the potential to create adverse conditions within the surrounding area with respect to noise, traffic, late night activities, calls for police services, and other public health, safety, and welfare concerns.
H. 
The following additional special conditions shall be applicable to eating establishments/restaurants with incidental billiard parlors and pool halls located within the CC-2 zone:
1. 
For purposes of this section, "full service dine-in eating establishment/restaurant" is defined as an establishment that contains a customer dining area as well as sufficient space and equipment for a full restaurant kitchen. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants. Take-out establishments or establishments that only serve items such as sandwiches, salads, snacks or microwave items shall not be deemed to satisfy this definition.
2. 
Incidental Use. Billiard parlors and pool halls shall be permitted only in conjunction with a full service dine-in eating establishment/restaurant. Billiard and pool playing activities shall not be utilized as a stand-alone use, primary use or as an attraction to draw customers to the establishment.
3. 
Conditional Use Permit. A conditional use permit shall be required.
4. 
Food Service. Food service shall be provided during all hours of operation. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants.
5. 
Hours of Operation; Security. The hours of operation may be limited and security measures may be required through the conditional use permit.
6. 
Windows. Windows shall be kept clear at all times and provide an unobstructed view of the dining and pool playing areas from the public right-of-way.
(2814, 2012; Ord. 2956, 8/27/2024)
A. 
Conditional Use Permit Required. Bowling alleys shall require a conditional use permit. In addition, a conditional use permit for a bowling alley shall be considered to be null and void if the establishment ceases operation for 30 or more consecutive days.
B. 
Location Restrictions. Bowling alleys shall not be permitted in a location which would tend to produce a hazard or nuisance to other permitted uses and activities in the vicinity, including such considerations as noise, late night operations, loitering, and public safety.
C. 
Access. With the exception of emergency access, all pedestrian and vehicular access to a bowling alley shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, and Brookhurst Avenue. 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.
D. 
Doors. Doors of the establishment shall be kept closed at all times during the operation of the establishment except in the case of an emergency or to permit deliveries.
(2814, 2012)
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.
B. 
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.
C. 
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.
D. 
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.
E. 
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.
F. 
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.
G. 
Site Frontage. The width of the frontage of the building site shall be not less than 120 feet.
(2814, 2012)
Cottage food operations are allowed as an incidental use to a residential use, subject to a cottage food operation permit and the following conditions:
A. 
Deemed Incidental Use. Subject to the provisions of this subsection, a cottage food operation for which a valid cottage food operation permit has been issued shall be considered an incidental use to any legally established residential dwelling unit, notwithstanding any other provision of this title. A cottage food operation may only be conducted in a dwelling unit in which the cottage food operator resides and shall at all times be accessory and subordinate to the primary residential use of the dwelling unit.
B. 
Cottage Food Operation Permit.
1. 
Permit Required. No person shall operate a cottage food operation within the city without a valid cottage food operation permit issued pursuant to this section.
2. 
Permit Application. A request for a cottage food operation permit shall be submitted in writing by the cottage food operator on an application form prescribed by the Community Development Director, and shall be accompanied by payment of an application processing fee or deposit, in the amount established by City Council resolution, and any additional information the Zoning Administrator reasonably concludes is necessary to properly evaluate the request and to render a decision.
3. 
Information Available to Applicant. Upon request by an applicant for a cottage food operation permit, the Community Development Department shall provide the applicant with the following:
a. 
A list of the permits and fees that are required by the City, including information about other permits that may be required by other departments in the City or by other public agencies.
b. 
Information about the anticipated length of time for reviewing and processing the application.
c. 
Information on the breakdown of any individual fees charged in connection with the issuance of the cottage food operation permit.
d. 
If a deposit is required to cover the cost of the cottage food operation permit, information about the estimated final cost to the applicant of the cottage food operation permit, and procedures for receiving a refund from the portion of the deposit not used.
e. 
The address(es) of any cottage food operation associated with a valid cottage food operation permit(s) previously issued by the City that would cause the applicant to be ineligible for a cottage food operation permit pursuant to the spacing and concentration limits set forth in subsection C of this section.
4. 
Review of Application. All applications for a cottage food operation permit shall be considered by the Zoning Administrator. Upon receipt of an application for a cottage food operation, 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 days from the date of the notice was sent out. A public hearing is not required in connection with the Zoning Administrator's review. The decision of the Zoning Administrator shall be final. The Zoning Administrator shall cause a cottage food operation permit to be issued to the applicant within 30 days of receipt of a complete application unless the Zoning Administrator makes one or more of the following findings:
a. 
The applicant has failed to submit a complete application and/or provide all of the information reasonably requested or necessary for the Zoning Administrator to determine whether a cottage food operation permit should be issued.
b. 
The applicant has failed to demonstrate that he or she can or will operate a cottage food operation in accordance with all applicable standards, restrictions, and requirements set forth in subsection D of this section.
c. 
The cottage food operation is proposed to be located within a dwelling unit that does not satisfy the spacing and concentration limits set forth in subsection C of this section.
d. 
The cottage food operation is proposed to be located within a dwelling unit owned by someone other than the cottage food operator, and the express written authorization of the owner of the dwelling unit or such owner's authorized agent has not been obtained and provided by the applicant.
5. 
Permit Non-Transferable. A cottage food operation permit shall only be issued to a cottage food operator and shall not be transferable to any other person or dwelling unit and shall not run with the land or constitute a transferable property right.
6. 
Term of Permit. A cottage food operation permit issued pursuant to this section shall continue to be valid for so long as (i) the cottage food operation permit has not been revoked; (ii) the cottage food operator continues to reside at and operate a cottage food operation from the dwelling unit described in the application; (iii) the cottage food operator continues to maintain a valid registration or permit issued by the County of Orange Health Care Agency for the cottage food operation; (iv) the express authorization of each owner of the dwelling unit or such owner's authorized agent, if required, has not been rescinded; and (v) the cottage food operator maintains a current business operation tax certificate from the City. The failure of a cottage food operator to renew or obtain a new business operation tax certificate for the cottage food operation within 90 days of its expiration shall be deemed intent to abandon the cottage food operation permit and shall cause the cottage food operation permit to automatically expire.
7. 
Permit Limitations. Issuance by the City of a cottage food operation permit shall not be deemed to supersede, or to authorize the conduct of, a cottage food operation in violation of (i) any applicable federal, state, or local law; (ii) any registration or permit issued to the cottage food operator by the County of Orange Health Care Agency; or (iii) any lease, rental agreement, and/or recorded covenants, conditions, and/or restrictions applicable to the property on which the cottage food operation is located.
8. 
Revocation of Permit. The Zoning Administrator, after giving notice to the cottage food operator at the address of the cottage food operation identified in the application and giving a reasonable opportunity for hearing, may revoke any cottage food operation permit pursuant to the provisions of this section upon a determination that the provisions of this section are being violated or that no cottage food operation is currently being conducted within the dwelling unit. The Zoning Administrator, or his or her designee, may, at any time, request in writing a cottage food operator previously issued a cottage food operation permit to verify and/or provide documentation demonstrating that a cottage food operation continues to be conducted at the dwelling unit associated with the cottage food operation permit in compliance with the provisions of this section. Failure to provide such verification and/or documentation within 15 days of the date of such request shall constitute evidence of the cottage food operator's intent to discontinue the rights granted by the cottage food operation permit. The decision of the Zoning Administrator to revoke a cottage food operation permit shall be final.
C. 
Spacing and Concentration Limits. In order to mitigate potential adverse impacts on neighboring residences associated with noise, traffic, and parking, no cottage food operation permit shall be issued for a cottage food operation proposed to be conducted within a dwelling unit on a lot located within 500 feet of another lot on which a lawful cottage food operation is located and at which customer visitation and in-person direct sales transactions are authorized. The foregoing spacing limitation shall not apply if the applicant for a cottage food operation permit certifies and agrees in writing, under penalty of perjury, that no customer visitation or in-person direct sales transactions shall be authorized to occur at the dwelling unit.
D. 
Standards, Restrictions, and Requirements Applicable to All Cottage Food Operations. All cottage food operations shall comply at all times with the standards, restrictions and requirements set forth in this section.
1. 
Property Owner Permission Required. If the dwelling unit in which the cottage food operation is conducted is owned by someone other than the cottage food operator, the express written authorization of each owner of the dwelling unit or such owner's authorized agent is required.
2. 
Business Operation Tax Certificate. The cottage food operator shall obtain and maintain a valid business operation tax certificate from the City for the cottage food operation.
3. 
Compliance with Applicable Laws. The cottage food operation shall comply with all applicable food preparation, packaging, and/or labeling, operational, and other requirements set forth in the California Health and Safety Code and/or other federal, state or local statutes, ordinances, or regulations.
4. 
Gross Annual Sales. The cottage food operation shall comply with the restrictions on gross annual sales as set forth in California Health and Safety Code Section 113758, as it may be amended from time to time.
5. 
County Registration or Permit. The cottage food operator shall not conduct the cottage food operation at the dwelling unit without a valid registration or permit issued to the cottage food operator by the County of Orange Health Care Agency in accordance with California Health and Safety Code Section 114365. A copy of such registration or permit shall be provided to the Zoning Administrator in conjunction with a request for a cottage food operation permit or within 15 days of initial issuance of such registration or permit, whichever is later. If such registration or permit is subsequently renewed or modified by the County of Orange Health Care Agency, the cottage food operator shall provide a copy of such renewed or modified registration or permit to the Community Development Department and the Business Tax Department within 15 days of such renewal or modification. The cottage food operator shall comply with all terms and conditions of such registration or permit for so long as the cottage food operation is being conducted from the dwelling unit.
6. 
Alteration of Unit Appearance Prohibited. There shall be no change or alteration of the outside appearance of the dwelling unit or premises in conjunction with the conduct of the cottage food operation. No additional exterior signage beyond that otherwise authorized pursuant to Chapter 9.20 of the Garden Grove Municipal Code is permitted.
7. 
Cottage Food Operation Activities and Storage. All activities associated with the cottage food operation shall be conducted wholly within a fully enclosed building. No garage, carport or other required parking area shall be used for the conduct of the cottage food operation. Storage of all ingredients, equipment, and cottage food products associated with the cottage food operation shall be confined to the registered or permitted area. All preparation, packaging, display, or handling of cottage food products and related ingredients and equipment shall be confined to the kitchen of the dwelling unit. All activities associated with the cottage food operation shall conform to the noise control standards for residential uses set forth in Chapter 8.47 of the Garden Grove Municipal Code, and noise, odor, smoke, vibration, and other similar intrusions from the cottage food operation shall not affect neighboring dwelling units.
8. 
On-Site Sales and Consumption of Cottage Food Products. Direct sales of cottage food products to customers from the dwelling unit shall be by prior appointment between the hours of 9:00 a.m. and 5:00 p.m. only. On-site dining or consumption of cottage food products by customers of the cottage food operation is prohibited.
9. 
Deliveries. Commercial deliveries to or from the dwelling unit associated with the cottage food operation shall be limited to no more than one per day, between the hours of 9:00 a.m. and 5:00 p.m. Except for vehicles associated with mail or package delivery services, neither deliveries of materials to the cottage food operation, nor deliveries of cottage food products from the cottage food operation, shall involve the use of commercial vehicles, as defined in Section 9.04.060.
10. 
Traffic and Parking. The cottage food operation shall not attract or generate pedestrian or vehicular traffic or parking needs beyond that which is considered normal for the zoning district or neighborhood in which it is located. The cottage food operation shall be subject to all parking standards and restrictions applicable to residential uses within the zoning district in which the cottage food operation is located.
11. 
Employees. In accordance with California Health and Safety Code Section 113758, only the cottage food operator, immediate family or household members of the cottage food operator, and no more than one full-time equivalent employee other an immediate family or household member of the cottage food operator shall participate in the conduct of the cottage food operation. No more than one full or part-time employee or independent contractor other than immediate family or other household members who reside at the dwelling unit may be engaged in work at the dwelling unit related to the cottage food operation at any one time.
12. 
Solid Waste Removal. Refuse containers of sufficient number and size shall be available for the necessary storage and disposal of solid waste and/or recyclable materials generated by the cottage food operation, and all refuse containers shall be emptied and solid waste and recyclable materials removed at a frequency sufficient to satisfy public health and safety needs and avoid the creation of a public nuisance. The cottage food operator shall be responsible for arranging for more or larger refuse containers and/or more frequent removal if necessitated by the cottage food operation.
(2836 § 10, 2014)
In addition to the development standards set forth in this chapter, the following shall apply to drive-through facilities, where permitted:
A. 
Conditional Use Permit. Any use involving drive-through facilities for visitors or customers shall be incidental to a primary use and shall require a conditional use permit regardless of the use regulations applicable to that use set forth in Table 9.18-1 (Use Regulations for the Mixed Use Zones).
B. 
Civic Center Zones—Generally Prohibited. No drive-through facilities shall be permitted within any Civic Center zone except on properties zoned CC-3 and fronting on Garden Grove Boulevard and Euclid Street.
C. 
Minimum Lot Size. A minimum lot size of 20,000 square feet shall be required for the establishment of any drive-through facility.
D. 
Two-Way Driveways. Drive-through facilities shall have two-way driveways. Driveways shall clearly be delineated from parking areas and general on-site vehicular and pedestrian circulation routes through use of decorative paving materials that contrast with other paving provided.
E. 
Minimum Queuing Distances. A minimum distance of 80 feet shall be provided between the entrance to the drive-through aisle and the first menu board. Also, a minimum distance of 80 feet shall be provided between the order board or window and the pick-up window.
F. 
Circulation Plan.
1. 
A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval prior to the approval of a conditional use permit. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements of the Americans with Disabilities Act.
2. 
The circulation plan shall show proposed queuing areas for the drive-up windows. No queuing area shall obstruct any required parking space, drive aisle, or pedestrian access associated with the business.
G. 
Vehicular Access. Vehicular access to a drive-through facility shall only be provided via a principal, major, or arterial street, such as Garden Grove Boulevard, Magnolia Street, and 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.
H. 
Trash Receptacles. In addition to trash facility storage areas, a minimum of one outdoor trash receptacle shall be provided on site. At least one additional on-site outdoor trash receptacle shall be provided for every 10 required parking spaces.
I. 
Noise-Generating Equipment. No noise-generating compressors or other such equipment shall be placed on or near any property line adjoining any "R" zoned property or a PUD established exclusively for residential uses.
J. 
Speaker Systems. Drive-through speaker systems shall emit no more than 50 decibels (dBA) as measured four feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any "R" zoned property or a PUD established exclusively for residential uses.
K. 
Screen Wall. On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent property zoned for residential use, a screen wall shall be provided.
(2814, 2012)
The following shall apply:
A. 
Security Plan. A security plan shall be provided through the conditional use permit process.
B. 
Hours of Operation. Hours of operation may be specified through the conditional use permit process.
C. 
Location Restrictions.
1. 
Restaurants, bars, and nightclubs with entertainment shall not be permitted to be located within 200 feet of any "R" zoned property or a PUD established exclusively for residential uses, any property containing a residential use, or any building owned and occupied by a public agency.
2. 
With exception of emergency access, all pedestrian and vehicular access shall be oriented toward a principal, major, or primary arterial street, such as Garden Grove Boulevard, Magnolia Street, and 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.
D. 
Waiver of Distance and Location Provisions. For a residential/commercial mixed use development project, as defined in this title, any property owner or his or her authorized agent may, through the conditional use permit process, apply to the hearing body for a waiver from any of the distance and location provisions contained and/or cross-referenced in this section. The hearing body, as part of the hearing for the conditional use permit, may grant a waiver to any distance or location provision for a residential/commercial mixed use development project if the following findings can be made:
1. 
That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed;
2. 
That the proposed use will not unreasonably interfere with the use and enjoyment of neighboring property or cause or exacerbate the development of urban blight;
3. 
That the use will not interfere with the operations of other businesses or uses on the site;
4. 
That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation or revitalization, nor will it interfere with any program being carried out pursuant to the community redevelopment law;
5. 
That the establishment complies with all other distance and pedestrian and vehicular requirements of this code; and
6. 
That all applicable regulations of this code will be observed.
E. 
Queuing Area. Outside queuing areas for patrons shall not be permitted along any portion of the site that is located adjacent to an "R" zoned property, any PUD established exclusively for residential use, or along a secondary arterial or local residential street. All outside queuing areas shall be located within the interior of the development and shall be buffered so as not to create noise or a disturbance to adjacent properties and buildings.
F. 
Insulation for Interior Noise. In residential/commercial mixed use developments, sound and vibration buffering shall be provided to mitigate against impacts on surrounding tenant spaces and residential uses and zones, including units above, below, and adjacent to the entertainment location.
G. 
Doors. Doors of the establishment shall be kept closed at all times during the operation of the establishment, except in the case of an emergency or to permit deliveries.
H. 
Outdoor Patios with No Food or Beverage Service.
1. 
All outdoor patios or similar areas shall be located away from any "R" zoned property or any PUD established exclusively for residential use, and shall be oriented toward a principal, major, or primary arterial. Access to 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.
2. 
Use of patio and similar areas used for smoking and congregating shall not become a nuisance in any manner to surrounding uses, including due to smoke from smoking materials.
3. 
The provisions of Section 9.18.030.300 (Outdoor Dining at Eating Establishment/Restaurant) with regard to any provided outdoor dining shall apply.
I. 
Denial. The hearing body shall have the authority to deny a conditional use permit application for an entertainment use if the hearing body finds, based on evidence on the record, that approval of such a use would result in an undue concentration of uses with the potential to create adverse conditions within the surrounding area with respect to noise, traffic, late night activities, calls for police services, and other public health, safety, and welfare concerns.
J. 
Change in Use. Any change or intensification of entertainment uses causing an increase in the intensity of, or type of, or number of, performers, acts, or similar events shall require a new conditional use permit.
K. 
Additional Parking for the Entertainment. In addition to the parking required for the primary use, additional parking for the incidental entertainment use shall be required at the ratio of 1.7 parking spaces per 100 square feet of gross floor area.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Incidental Use. Limited entertainment shall be permitted only in conjunction with an eating establishment/restaurant. Entertainment shall be incidental to the restaurant use (such as background music). Entertainment shall not be utilized as a primary use or as an attraction to draw customers to the establishment.
B. 
Conditional Use Permit. A conditional use permit shall be required for the entertainment use.
C. 
Number of Performers. Entertainment shall be limited to include up to two performers in the form of one amplified instrumentalist and one vocalist.
D. 
Noise. Amplified sound from performers and prerecorded music with speakers is permissible; however, the sound shall not be audible outside the walls of the establishment. All entertainment shall be conducted within a wholly enclosed building. The property owner shall provide sound attenuation where necessary to limit noise and vibrations to neighboring properties. No amplified music shall be permitted outside of the wholly enclosed building, except as allowed by a conditional use permit.
E. 
Dancing and Audience Participation. No dancing or audience participation shall be permitted.
F. 
Food Service. Food service shall be provided during all hours the entertainment operates. The kitchen shall be open and preparing food during all hours the establishment is open, and shall provide a full menu of food items typically offered in restaurants.
G. 
Stage. There shall be no raised platform or stage permitted within the establishment at any time.
H. 
Hours of Operation. The hours of operation may be limited and security may be required through the conditional use permit.
I. 
Entrances. Doors that face residential property shall be kept closed at all times during the operation of the establishment, except in the case of an emergency or to permit deliveries.
J. 
Cover Charge. No cover charge or other type of entrance fees shall be required for entrance into the establishment.
K. 
Impacts. In reviewing requests for limited entertainment in conjunction with eating establishments/restaurants, of particular concern will be the physical relationship of the proposed use and impacts of that use on surrounding properties. The conditional use permit shall be denied if it is anticipated that the use will create adverse noise, security, parking and traffic impacts and/or if an adverse effect on the public health, safety or welfare will be created.
(2814, 2012)
A. 
Screening. The outdoor storage of rental equipment shall be permitted only when completely enclosed with a masonry wall not less than six feet in height. No equipment shall be visible above the required wall. A steel gate or equivalent shall be utilized where access through the required wall is provided.
B. 
Trailers and Trucks. The outdoor display or storage of utility trailers and trucks not exceeding 8,000 pounds net weight may be conducted without adherence to the wall enclosure requirement imposed in paragraph A above.
(2814, 2012)
A. 
Room Size. The minimum individual guest room size shall be 300 square feet in area.
B. 
Minimum Site Area. The minimum site area shall be 80,000 square feet.
C. 
Minimum Street Frontage. The minimum street frontage of the site shall be 150 feet.
D. 
Additional Requirements. Extended-stay business hotels shall be subject to Title 8, Chapter 70 (Public Lodgings) of the Municipal Code.
(2814, 2012)
A. 
Food Product Exceptions. Any food product may be produced with the specific exception of those involving the manufacturing and processing of: lard, pickles, sauerkraut, sausage, or vinegar, or similar products.
B. 
Sale and Slaughter. No sale or slaughter of live animals shall take place, be allowed, or otherwise be provided for.
C. 
Frozen Fish Repackaging. Frozen fish repackaging is permitted.
(2814, 2012)
A. 
Additional Requirements. All applicants shall observe all the provisions contained within Chapter 5.65 (Fortunetelling) of the Municipal Code.
B. 
Location Requirements. Any new fortunetelling establishment shall be located a minimum distance of 1,000 feet from any other establishment engaged in the practice of fortunetelling.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Properties with funeral homes/mortuaries with no crematorium shall not be permitted to be located within 250 feet of a property boundary of any "R" (Residential) zoned property or any PUD established exclusively for residential use.
(2883 § 8, 2017)
Incidental garage sales are allowed subject to the following conditions:
A. 
Days Limited. Garage sales are limited to four days in any one calendar year.
B. 
Signs. No off-site signs shall be posted.
C. 
Sale Items. Items for sale may only be those items used at the residence.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Retail Services. The facility shall provide retail services, which may include graphic design, instant printing operations and print shops during normal business hours. The facility shall serve the needs of local customers by either providing self-service photocopying, and printing and/or photocopying of invitations, business cards, forms, letterhead, envelopes, wedding announcements and other similar items. The facility shall not provide services to large commercial and wholesale clients, nor shall it print books, magazines, newspapers, annual reports, catalogs, posters, retail packaging, calendars, and other similar items.
B. 
Equipment used shall not make noise or vibration that will disturb adjacent businesses or residences.
C. 
Most customers shall place orders in person and wait for it to be completed or pick it up at a later date. The majority of the finished project shall not be delivered to the customer.
D. 
A portion of the floor plan shall be devoted to a customer service retail area.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Enclosed Building. All manufacturing activities shall be conducted within a completely enclosed building having a total gross floor area not to exceed 2,500 square feet.
B. 
Screening. All storage of materials and equipment shall be screened from view from surrounding properties.
C. 
Fumes. No fumes, noxious gases, objectionable odors, heat, glare, or radiation generated by or resulting from such use shall be detectable at any point upon the boundary of the property upon which the use is located.
D. 
Noise. The use shall create no objectionable noise or vibration.
E. 
Smoke and Dust. No smoke or dust shall be created except from the heating of buildings.
F. 
Fire Department Review. The Fire Department shall review the proposed activity for compliance with fire codes and to ensure compatibility with surrounding uses.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Lighting. All lighting shall be directed away from abutting properties.
B. 
On-Site Storage. Stacking of on-site storage and materials shall not exceed a height of 20 feet. All outdoor storage areas shall be screened from view of public rights-of-way by a view-obscuring fence or wall not greater than eight feet in height.
(2814, 2012)
Home occupations are allowed as an accessory use to a residential use, subject to the following conditions:
A. 
Application. Each request to the hearing body shall be accompanied by the description of the proposed use. Such description shall be submitted to a board of review consisting of representatives from the fire department and planning staff. Said board of review shall evaluate each proposed use and submit their recommendations to the hearing body, whose decisions shall be final.
B. 
Unit Appearance Unaltered. The home occupation shall not alter the appearance of the dwelling unit.
C. 
Operations. All operations conducted on the premises shall not be objectionable by reason of noise, odor, dust, mud, smoke, steam, vibration, or other similar causes. The provision or rendering of any service or sale of any products that involves in-person interaction with customers in the home is prohibited.
D. 
Storage and Display. Storage shall be limited to accessory storage of commodities manufactured, processed or sold at retail on the premises. Storage shall be permitted only in a wholly enclosed building. All home occupation activities shall be conducted wholly within a fully enclosed building. No garage, carport or other required parking area shall be used for the conduct of the home occupation or for storage of equipment, materials or merchandise of the home occupation. No display of merchandise, equipment, or supplies or items manufactured, sold, or used by any commercial, industrial, public or semi-public use shall be permitted.
E. 
Signs. No signs advertising the type of business or products manufactured shall be displayed on the premises.
F. 
Employees. No one other than persons residing on the lot where the home occupation is located may be regularly employed in such occupation. Exceptions shall be made for a disabled person applying for a home occupation, whereby immediate members of the disabled person's family living on the premises or other persons responsible for the care of the disabled person and living on the premises shall be permitted to participate in the home occupation.
G. 
Dispatching. Dispatching of employees or independent contractors at, or from, the residential premises shall not be permitted.
H. 
Nontransferable. The home occupation permit is not transferable.
I. 
Revocation of Permission. Permission to conduct a home occupation may be revoked by the hearing body if there is substantial evidence indicating that the provisions of this section are being violated.
(2814, 2012)
All hotels and motels shall be subject to the following conditions:
A. 
The minimum site area shall be 30,000 square feet.
B. 
The minimum street frontage of the site shall be 100 feet.
C. 
Occupancy Restriction. No consecutive occupancy shall exceed 30 days, nor shall any nonconsecutive occupancy exceed 30 days in 45 consecutive days.
D. 
Additional Regulations. Hotels and motels are also subject to Chapter 8.70 (Public Lodgings) of the Municipal Code.
E. 
Cooking Facilities in Hotels. In hotels, no provisions for cooking facilities shall be provided within individual rooms or suites.
F. 
Kitchen Facilities in Motels. In motels, no more than 10% of the individual living units shall contain kitchen facilities.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Residential Zone Adjacent. If the property abuts an "R" zoned property or any PUD established exclusively for residential use, the building in which the use is conducted shall be set back a minimum of 50 feet from the residential property line.
B. 
Live Entertainment. No live entertainment shall be permitted.
C. 
Hours of Operation. Hours of operation shall be permitted only between the hours of 8:00 a.m. and 10:00 p.m.
D. 
Signs. Signage shall be limited to the name of the indoor multi-tenant retail shopping center. No additional special advertising days or signage shall be allowed for the individual vendors. All proposed signage shall be approved by the City.
E. 
Minimum Floor Area. The minimum floor area for each vendor shall be 250 square feet.
F. 
Individual Vendors. Each individual vendor shall have a separate business operations tax certificate, as well as a seller's permit and a resale number from the State Board of Equalization.
(2814, 2012)
Kennels shall be subject to the following conditions:
A. 
Noise. Buildings and structures shall be completely soundproofed.
B. 
Screening. The perimeter of all run areas shall be completely surrounded by a minimum eight-foot-high solid wall. Animal runs shall be constructed in such a manner that no animal can see another animal.
(2814, 2012)
All massage establishment uses shall require a conditional use permit and shall be subject to the following conditions:
A. 
No massage establishment shall be located closer than 1,000 feet from any other massage establishment.
B. 
Unless infeasible due to existing structural or physical constraints and otherwise authorized in conjunction with approval of a conditional use permit, the entrance to a massage establishment shall be oriented, accessed, and visible from a principal, major, or primary arterial street, as defined in the General Plan Circulation Element. In no case shall the entrance to a massage establishment be oriented toward a residential street or toward residential uses.
C. 
The massage establishment, each owner, operator and manager thereof, and each person providing massage services on the premises shall comply with all provisions of Chapter 5.12 (Massage Regulations) of this code at all times.
D. 
Each person engaged in the business of massage on the premises shall obtain and maintain an operator's permit from the Police Chief pursuant to Chapter 5.12. No massage services may be provided on the premises without a current and valid operator's permit for the premises.
E. 
Permitted hours of operation may not exceed those set forth in Chapter 5.12.
(2861 § 15, 2015)
Motorcycle sales shall be subject to the following conditions:
A. 
Paving. The entire site shall be paved, except for structures and landscaping.
B. 
Maintenance. The premises shall be kept in a neat and orderly condition at all times.
C. 
Indoor Sales and Storage. No outdoor sales area or storage of motorcycles shall be permitted; all sales and storage shall occur wholly within an enclosed building.
D. 
Repair and Maintenance. All motorcycle repair and maintenance shall be performed within a wholly enclosed building. No motorcycles that are in a wrecked or dismantled condition shall be stored outside of a wholly enclosed building.
E. 
Noise. No amplified speaker systems shall be used outside of a wholly enclosed building.
F. 
Loading. All loading and unloading of vehicles shall occur on-site or from loading zones as designated by the City Traffic Engineer and not in adjoining public streets or alleys.
(2814, 2012)
Motor vehicle sales shall be subject to the following conditions:
A. 
Minimum Site Area. The minimum site area shall be 15,000 square feet.
B. 
Indoor Sales and Storage. No outdoor sales area shall be permitted. All vehicles, parts, accessories, etc. shall be stored within a wholly enclosed structure.
C. 
Noise. No amplified speaker systems shall be used outside of a wholly enclosed building.
D. 
Lighting. All on-site lighting shall be stationary and directed away from adjoining properties and public rights-of-way.
E. 
Repair and Maintenance. No vehicle service or repair work shall occur, except within a wholly enclosed structure. Service bays shall not be visible or take access directly from a public right-of-way.
F. 
Loading. All loading and unloading of vehicles shall occur on-site or from loading zones as designated by the City Traffic Engineer and not in adjoining streets or alleys.
G. 
Parking. Off-street parking shall adequately accommodate all on-site uses, including showroom, offices, parts, service and repair areas, as well as employee and customer parking.
(2814, 2012)
Neighborhood recycling centers must operate in conjunction with a business that is currently operating on the property. The recycling center cannot operate as an independent use. If the primary business ceases to operate, the recycling center must vacate the premises. Also, the following shall apply:
A. 
Lease Agreement. The applicant shall present the lease agreement that includes the lease term for the neighborhood recycling center to the Planning Division.
B. 
Location. The recycling containers and/or equipment cannot encroach into any required setbacks for the zone. The recycling containers and/or equipment cannot encroach into any drive aisle, turn around, back-up or loading areas.
C. 
Adjacent to Residential Zone. The recycling containers and/or equipment shall not be placed within 30 feet of an "R" zoned property, any PUD established exclusively for residential use, or property occupied with residential uses to minimize noise impacts to the abutting residences.
D. 
Restrictions. No pick-up or drop-off of recycling containers and/or equipment shall occur on Saturday or Sunday or any federal holiday.
E. 
Hours of Operation. The hours of operation are limited to 8:00 a.m. to 6:00 p.m. seven days a week.
F. 
Parking. The recycling containers and/or equipment cannot eliminate or reduce any required parking unless otherwise permitted by the Planning Division.
G. 
Maintenance. The operator must properly maintain the recycling center and all areas adjacent to the recycling center free from any trash or debris.
H. 
Location. The Planning Division will review and approve the location of the recycling center. To the extent possible, the recycling center shall be placed at the rear of the building and/or property. If this is not possible, the Planning Division may allow the recycling container to be placed at the front of the property with appropriate screening.
I. 
Containers. The Planning Division will review and approve the type of recycling containers that will be allowed.
(2814, 2012)
See Section 9.18.070.010 (Outdoor Sales of Goods and Merchandise—Nonvehicular Vending Kiosks).
(2814, 2012)
Retail nurseries shall be subject to the following development and use standards:
A. 
Propagation. No indoor or outdoor propagation of plants is permitted. Plants stored onsite shall be available for retail sale.
B. 
Permanent Structure. A permanent structure to serve retail functions of the nursery is required. All merchandise other than plants shall be kept within an enclosed structure or fully screened. Fertilizers of any type shall be stored and sold in package form only.
C. 
Parking. All parking spaces shall be paved.
(2814, 2012)
A. 
Incidental Use Only. With the exception of permitted joint use outdoor dining areas as provided for in paragraph F below, outdoor dining areas must be incidental and accessory to the permitted 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.
C. 
Location.
1. 
Within any Mixed Use zone, outdoor dining areas may be permitted within the required front setback area, consistent with the requirements of this chapter.
2. 
Outdoor dining areas may be permitted within the required boulevard garden plaza or pedestrian plaza area, as set forth in Sections 9.18.090.020.F (Boulevard Garden Plaza Requirement) and 9.18.090.070.C (Pedestrian-Oriented Plaza Requirement).
3. 
The outdoor dining area must be located immediately adjacent to, abutting, and adjoining the establishment with which it is associated, and shall not extend beyond the building and/or storefront frontage and/or length of the tenant space of the associated primary establishment.
D. 
Maximum Allowable Square Footage. Outdoor dining shall not exceed 1,000 square feet for any individual establishment.
E. 
Delineation of Area. Any outdoor dining area serving a single business shall maintain a clearly marked perimeter and shall be separated from vehicular pathways and public sidewalks with low walls and/or landscape hedges a minimum of 30 inches in depth or 42 inches in height. Establishments that include the service or sale of alcoholic beverages are subject to additional separation requirements provided in subsection G (Alcoholic Beverage Sales in Outdoor Dining Areas) of this section.
-Image-10.tif
Photo 9.18-1: Example of Outdoor Dining
F. 
Outdoor dining areas for joint use between businesses shall be separated from pedestrian and vehicular pathways with low walls and/or landscaping. Joint use outdoor dining areas are not required to be located immediately adjacent to an establishment, but shall be located within 25 feet of at least one establishment participating in the joint use area. Where adjacent to a public right-of-way, the area shall be delineated as required by subsection E (Delineation of Area) of this section. No alcohol shall be served in any outdoor dining area that serves more than one business, unless authorized pursuant to a conditional use permit in accordance with the provisions set forth in Sections 9.18.090.040, Additional Regulations Specific to the CC-1 Zone, and 9.18.090.060, Additional Regulations Specific to the CC-3 Zone, of this code.
G. 
Alcoholic Beverage Sales in Outdoor Dining Areas. The service of alcoholic beverages and its consumption by customers in an outdoor dining area shall comply with Section 9.18.060 (Alcohol Beverage Sales) and furthermore, shall be restricted as follows:
1. 
Any establishment permitted to sell alcohol that maintains an outdoor dining area shall separate the outdoor dining area with a wall, fence, or hedge that is intended to clearly delineate the dining area from pedestrian traffic and prevent ease of access in any manner to this area by pedestrians and other non-patrons. The wall, fence, or hedge shall fully enclose the outdoor dining area to separate it from public access ways. The wall, fence, or hedge shall consist of a minimum five-foot-high barrier and/or other special separation/improvement from surroundings that would hinder access from pedestrians to the outdoor dining area, as determined by the Police Chief. The barrier/fencing shall be subject to the following standards:
a. 
Any barrier/fencing around the outdoor area perimeter shall allow visibility into the area from adjacent properties and streets.
b. 
Any barrier/fencing around the outdoor area perimeter shall be architecturally compatible with the structure housing the eating or drinking establishment.
c. 
The location, design, and placement of any barrier/fencing are subject to review and approval by the Planning Division during the site plan review or conditional use permit review process.
2. 
Ingress and egress to/from the outdoor dining area shall be from the interior of the eating or drinking establishment only. There shall be no ingress or egress permitted to/from the outdoor dining area to any parking area, landscape area, or public right-of-way except for emergency purposes only. Any proposed accesses located within the outdoor dining area that lead to any locations other than into the eating or drinking establishment shall be marked as emergency exits only and shall be provided with panic hardware.
3. 
The operator shall post a written notice to customers, as approved by the city, which states that the drinking or carrying of an alcoholic beverage outside of the outdoor dining area is prohibited and unlawful.
4. 
Hours of operation shall not begin prior to 7:00 a.m. nor extend later than 10:00 p.m.
(2814, 2012; 2888 § 6, 2017; 2939 § 3, 2022)
Service stations shall be subject to the following conditions:
A. 
Required Building Design. The architecture of the building shall be of a type compatible with the neighboring area. The architectural theme shall be integrated into the design of all improvements on the site, including main building, canopies, fencing, landscaping and signage.
1. 
In the case of the establishment or construction of a new service station, the following items shall be included in the design of the building:
a. 
All service bay doors shall take vehicular access from either an interior side or rear of building.
b. 
Restrooms, for use by patrons, shall be required. The entrance to all restrooms shall be screened from adjoining properties and public streets by a screen that matches the exterior building material.
c. 
All lighting shall be directed away from any property zoned for residential use and so located that lighting does not directly shine into any adjoining residential property.
d. 
Air and water dispensers shall be provided in an area convenient for customers.
2. 
In the case of the reopening of or the conversion to another use of an existing service station, all existing improvements shall be remodeled, replaced or refurbished. If, in the opinion of the hearing body, the project or any of its components, as listed below, is new or in like-new condition, then that certain improvement may be waived. These improvements shall include, but are not limited to the following:
a. 
Refurbishment and remodeling of all exterior and interior wall surfaces.
b. 
Remodeling of building exterior to eliminate service bay doors. All remaining service bay doors shall take vehicular access from an interior side or rear of building. The condition does not pertain to the reopening of an existing service station, unless service bays are not to be used.
c. 
Refurbishment and remodeling of all canopies and service islands.
d. 
Removal of all unused service islands, pumps and their canopies.
e. 
Resurfacing of all driveways and parking areas.
f. 
Restriping of parking areas using hairpin stalls.
g. 
Refurbishment and/or replacement of all walls and fences on the property, including planters and landscape retaining walls.
h. 
Refurbishment and/or replacement of all business and directional signs to be consistent with building theme.
i. 
The entrance to all restrooms and comfort rooms shall be screened.
j. 
In the case of the reopening of a service station or conversion of a service station to another use that includes the dispensing of motor fuel, restroom facilities for use by patrons shall be required.
B. 
Parking Requirement.
1. 
Parking requirements for service stations shall comply with requirements for off-street parking in Section 9.18.140 (Parking).
2. 
Parking requirements for service stations established in conjunction with other commercial businesses (i.e., mini-markets, separate auto-related businesses, etc.) or for conversion of service stations to other commercial uses, shall comply with the following:
a. 
Required parking shall consist of one space for every 200 square feet of gross floor area of each building.
b. 
When service bays remain a part of the use on the site, the service bays shall not be considered as providing any of the required parking.
C. 
Landscaping. All site areas not used or required for building location, parking, access, circulation or service island areas shall be landscaped according to the provisions of Section 9.18.120 (Landscaping) and Section 9.18.140.070 (Parking Design Standards) and further subject to the following:
1. 
Planter areas with a minimum inside width of 10 feet shall be provided adjacent to all street property lines except for points of access to the streets. In the case of existing facilities, this inside dimension may be reduced to a minimum of five feet where it is shown to be in conflict with a remaining service island or required circulation path.
2. 
When a service station is located at a street intersection, a planter area of at least 250 square feet in area shall be provided at the intersection corner.
3. 
Planter areas shall be provided along the interior property lines at their intersection with the street property lines. Such planter area shall have a minimum length along the interior property lines of 15 feet and shall have a minimum inside width of five feet.
4. 
Planter areas with an interior dimension of not less than three feet shall be provided along all interior property lines, except as otherwise provided in the requirements above.
5. 
A minimum of eight percent of the total site, less building pad and required setbacks, shall be landscaped. Required setbacks and required corner landscaping shall not be counted toward this requirement.
6. 
Each planter area shall be enclosed by a concrete border not less than six inches wide and six inches high.
7. 
All landscaped areas shall be maintained and provided with irrigation facilities as required by Section 9.18.120 (Landscaping) of this chapter.
8. 
Planter areas shall be constructed and planted prior to the granting of an occupancy permit. The type of plant material planted shall be subject to the approval of the Community Development Director or designee.
D. 
Storage.
1. 
Storage of Vehicles. Storage of vehicles and equipment that are not in the immediate process of being serviced or that are not directly associated with the service station is limited to vehicles having a capacity of one ton or less. The number of vehicles being stored shall not exceed one-half the number of required parking spaces. Vehicles being stored on the property shall be adequately screened from the public right-of-way.
2. 
Refuse Storage. Refuse storage areas shall be used for the temporary storage of all trash, discarded tires and other discarded material.
a. 
A minimum of one refuse storage facility shall be provided on the site pursuant to current City standard plans.
b. 
The storage areas shall be shielded from public view by a wall that matches the exterior building material and has metal gates with view-obscuring slats or other opaque material.
c. 
All refuse storage areas shall be maintained in a neat and sanitary manner.
d. 
The refuse storage area shall be located so that the area does not interfere with motor vehicle circulation on the premises.
E. 
Merchandise Storage or Display. No merchandise storage or display shall be permitted outside of the building.
F. 
Closures and Conversions to Other Commercial Uses.
1. 
In the event that a service station is closed and not operated for a period of 90 consecutive days, no further sales or services from the station shall be allowed unless a new conditional use permit is obtained and the development standards set out in this section are completed.
2. 
If a service station is closed and not operated for a period of six months or longer, the premises may be found and determined to be a public nuisance, as provided for in Section 3479 et seq. of the California Civil Code.
3. 
Any use other than a service station use established in a structure that at any time has been or is being utilized as a service station shall be subject to a conditional use permit and to the aforementioned development standards. Coin-operated vending machines, including, but not limited to, cigarettes, soft drinks or candy, may be permitted without having to file a conditional use permit, provided such vending machine(s) shall be located within a wholly enclosed building.
(2814, 2012)
Such uses shall be subject to the following conditions:
A. 
Noise. All buildings and structures shall be completely soundproofed.
B. 
Outdoor Exercise Areas. Outdoor exercise areas permitted only as authorized by the applicable conditional use permit. Where permitted, the perimeter of all run areas shall be completely surrounded by an eight foot solid wall. Animal runs are to be constructed in such a manner that no animal can see another animal.
C. 
Incinerator. For small animal hospitals and veterinaries, an incinerator of a type as recommended by the county public health department and the South Coast Air Quality Management District shall be provided. A freezer sufficient to contain the remains of deceased animals shall be installed if an incinerator is not provided.
(2814, 2012)
Smoking lounges shall be subject to the following conditions:
A. 
Locations Allowed.
1. 
The premises shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City.
2. 
The premises shall be a minimum distance of 1,000 feet from any public or private primary or secondary school, whether said school is within or outside of the corporate boundaries of the City.
B. 
Operational Requirements. Smoking lounges shall be subject to the operational requirements set forth in Chapter 5.75 (Regulation of Smoking Lounges) of the Municipal Code.
C. 
Parking. Parking shall be provided using the standard for bars and nightclubs.
D. 
Conditions of Approval. In addition to the standards for issuance of conditional use permits under this title, the hearing body may impose any condition reasonably related to mitigate any possible adverse effect upon the public health, safety, or welfare created by the establishment and/or operation of the smoking lounge.
E. 
Nonconforming Uses. Notwithstanding the provisions of Chapter 9.32 (Procedures and Hearings), any smoking lounge lawfully existing on the effective date of the ordinance adopting this section may continue its operation, provided that its operation does not cease for more than 90 days, and provided that the nonconforming use, structures, or buildings of the business shall not be increased, enlarged, or altered without first conforming with the regulations herein.
(2814, 2012)
Truck and trailer rental may be permitted as an incidental use, pursuant to Table 9.18-1 (Use Regulations for the Mixed Use Zones) and subject to the following conditions:
A. 
Visibility. Outdoor storage of trucks and/or trailers shall not be visible from any public right-of-way.
B. 
Location. Outdoor storage of trucks and/or trailers shall not occupy any required parking space intended for the operation of the primary use. Outdoor storage of trucks and/or trailers shall not occupy any required driveways, access ways or emergency lanes on the property. Display and/or storage of trucks or trailers shall not be permitted in any required street setback.
C. 
Signs. Signage shall comply with all municipal code requirements. Signage for the incidental use of truck/trailer rental may not exceed 20% of the total signage for the primary use.
D. 
Repair, Maintenance and Dismantled Vehicles. All vehicle repair and maintenance shall be performed within a wholly enclosed building. No vehicles that are in a wrecked or dismantled condition shall be stored on the property.
(2814, 2012)
See Section 9.18.070.020 (Outdoor Sales of Goods and Merchandise—Vehicular Vending).
(2814, 2012)
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)