Note: All articles and amendments to the Community Center
Specific Plan may be found at:
All articles and amendments to the Brookhurst/Chapman
Specific Plan may be found at:
All articles and amendments to the Harbor Corridor Specific
Plan may be found at:
A.
Specific
plans are to be used for the regulation of land use and development
consistent with the General Plan, as provided for in each specific
plan document. It is intended that those plans will provide the basis
for the development and use of those specific areas, with the underlying
zoning and this title acting as supplement.
B.
Intent.
Specific plans are included in the zoning regulations to achieve allowing
purposes:
1.
To
promote and protect the public health, safety and welfare;
2.
To
implement the objectives and policies of the General Plan;
3.
To
safeguard and enhance environmental amenities and the quality of development;
4.
To
attain the physical, social and economic advantages resulting from
comprehensive and orderly planned use of land resources; and,
5.
To
facilitate development within the City in accordance with the General
Plan by permitting greater flexibility and encouraging more creative
and imaginative designs for major urban development projects subject
to large-scale community planning:
a.
The land use specific plans provide a process for initiation, review
and regulation of largescale, comprehensively-planned urban communities
that affords the maximum flexibility to the developer within the context
of an overall development program and specific, phased development
plans coordinated with the provision of necessary public services
and facilities tied to specific plans. The specific plan establishes
criteria for uses, development standards, design and other provisions
that contribute to the overall area's enhancement, preservation and
livelihood,
b.
The "street" specific plans are concerned with the improvements,
ultimate rights-of-way and circulation for streets and highways through
the community. "Street" specific plans pertain particularly to: streets;
highways; lot patterns; streets and arrangements; and special treatments
of areas involving the use of land where necessary; recreational facilities;
public buildings; off-street parking and related subjects.
(2758 § 2, 2009)
A.
A specific
plan area shall be subject to unified planning, construction and development
by a person, corporation or other entity; property owned by public
utilities, local districts or local governments may be used as a connector
of unified planning and development. Except as otherwise provided
by this chapter, all use and development standards of the base zone
shall apply. As used in this chapter, "base zone" shall mean the zoning
district for the land included in the specific plan area.
B.
Procedures.
The procedures governing the preparation and adoption of specific
plans shall be as prescribed by the State Planning and Zoning Law
as amended.
1.
Planning
Commission Responsibility. The City Planning Commission shall be charged
with the responsibility of reviewing plans and standards as an amendment
to the general plan according to the procedures of the state planning
and zoning law.
a.
The Planning Commission shall be responsible for the establishment
of the public hearing process.
b.
The Planning Commission shall prepare and maintain, for public inspection,
a map of the City on which shall be shown the location of all specific
plans with proper identification to make accurate reference to the
full scale map and the record pertaining to each specific plan.
c.
The Planning Commission shall identify and assign all specific plans
serial numbers.
i.
The specific plan shall include a descriptive title sufficient to
identify the subject and location.
ii.
A map shall accompany the specific plan that sets forth, in detail,
all pertinent features and information necessary to ensure compliance
with, and enforcement of, the provisions and requirements of the specific
plan.
2.
City
Council Approval. The City Council shall review and act upon the plans
and standards as an amendment to the General Plan. Determination shall
be made by the council that the establishment of the specific plan
and approval of the development shall:
a.
Provide for the development of a comprehensively planned development
that is superior to development otherwise allowable under alternate
regulations;
b.
Provide for development within the specific plan area in a manner
consistent with the General Plan and with related development and
growth management policies of the City;
c.
Provide for the construction, improvement or extension of transportation
facilities, public utilities and public services required by development
within the specific plan area;
d.
Provide the measures for implementation of the specific plan.
3.
Additions
or Amendments by Resolution. Additions or amendments to specific plans
shall be made by resolution in the manner prescribed by the state
planning and zoning law.
C.
Responsibility
for Administrative Conformance. Each officer or employee of the City
having the responsibility and authority for issuing licenses or permits,
and any officer or official body having the authority or responsibility
to pass upon specifications for public or private projects shall not
issue a license, permit or approve any project, plan or specification
that does not conform in form or purpose, with any feature of the
specific plans as discussed in this chapter.
(2758 § 2, 2009)
Allowable Uses. Each specific plan shall be as established by
a development plan text approved by the City Council. The development
plan text may incorporate uses by reference to specific base district
provisions or may establish specific use lists with definitions pertaining
to the specific plan.
A.
Buildings,
utilities or other installations that exist within areas reserved
by a specific plan for public use at the effective date of adoption
of a specific plan may continue with reasonable maintenance, but may
not be enlarged or replaced.
B.
Existing
uses within the specific plan at the time of its establishment shall
be deemed allowable and shall be incorporated in the development plan,
unless terminated, discontinued or changed pursuant to a specific
time schedule incorporated in the development plan text.
(2758 § 2, 2009)
A.
General.
Specific plans pertaining to the regulation and development of the
land use plan shall be designed and developed in a manner compatible
with and complementary to existing and potential development in the
general vicinity.
1.
Site
planning on the perimeter shall provide for the mutual protection
of the specific plan area and surrounding property from potential
adverse influences.
2.
That
the specific plan address all issues pertinent to its implementation
concerning each zone district. Such issues shall include preservation,
rehabilitation, circulation, land use compatibility, uses, design,
development standards, design guidelines and other related items.
B.
The
specific plans are to establish base zones in order to address those
areas not included within the specific plan. The base zones provide
the development standards, use regulations and operations requirements
where the specific plans are silent.
C.
Operating
Conditions and Maintenance. All operating conditions, maintenance
or other standards not specifically addressed in the specific plan
shall be governed by standards of Title 9 regulating the same land
use category.
(2758 § 2, 2009)
A.
General.
Street specific plans shall be designed and developed in a manner
compatible with and complementary to existing and potential development
in the general vicinity.
1.
Site
planning on the perimeter shall provide for the mutual protection
of the specific plan area and surrounding property from potential
adverse influences.
2.
Building
permits shall not be issued for the construction of any building or
structure (signs excluded); the use of land shall not be changed to
a less restrictive use, and the occupancy of any building shall not
be changed to a less restrictive use until there is compliance with
the requirements listed below.
B.
Requirements.
The following provisions apply to any land that abuts upon, or is
directly reached by way of, any street or highway that is shown upon
any specific plan, or, any street or highway, that abuts upon any
alley, drainage way or other street or highway facility shown on an
adopted specific plan.
1.
The
construction of buildings, walls, wells or other improvements within
an area designated by a specific plan that is planned for a street,
alley, public building site, park, playground or other form of public
use is prohibited.
a.
This prohibition shall not apply to street improvements, including
sidewalks, or to surface or subsurface installation of public utility
services whether installed by a public agency, privately-owned public
utility or individuals.
b.
Further, such installation shall conform to application legal controls.
2.
Easements
or rights-of-way for any street, highway, alley, drainage way or facility
and the location, width and extent shown on standard plans of streets
and highways or specific plans shall be dedicated to or vested in
the City or shall irrevocably and unconditionally be offered for dedication
to the City except as follows:
a.
When the floor area of a single-family building addition is added
to the floor area of all other single-family building additions that
have been constructed since February 20, 1971, and the sum is less
than 25% of the gross floor area existing on the effective date of
the ordinance codified in this title.
b.
When a specific plan offsets the street centerline, thereby requiring
the dedication of land on one side of the street in excess of the
original specific plan requirements, the property owner shall not
be required to dedicate excess property; however, setback requirements
based on the currently-effective specific plans shall be observed.
3.
The
easements or rights-of-way shall be improved by the installation of
concrete curbs, gutters, sidewalks and drainage facilities and street
paving in full compliance with the "Standard Plans for Streets and
Highways" with the following exceptions:
a.
For single-family dwellings, when the floor area of a proposed building
addition is added to the floor area of all other building additions
that have been constructed since February 18, 1971, and the sum is
less than 25% of the gross floor area existing on February 18, 1971,
these provisions shall not apply.
b.
Where only sidewalk installation is required on a local street and
where more than 50% of the block based on front footage on the same
side of the street is without sidewalks, no sidewalks shall be required.
c.
For commercial and industrial buildings, when the floor area of a
proposed building addition is added to the floor area of all other
building additions that have been constructed since February 18, 1971,
and the sum is less than 25% of the gross floor area existing on that
date, the owner shall pay to the City a fee equal to one-half the
estimated cost of the required improvements as estimated by the City
Engineer.
d.
The amounts collected under these provisions shall be placed in a
trust fund to be used to construct street improvements only for those
properties for which funds have been deposited. The City shall assume
the responsibility for the construction of the street improvements
at the City's convenience after the property owner has paid the above
fees.
4.
Where,
subsequent to June 18, 1956, the owner of any land has provided, by
dedication without compensation, easements or rights-of-way for public
street purposes to meet the requirements of the City at the time the
dedication was made, the property owner shall not be required to provide
any further dedication for public street facilities, unless otherwise
noted.
5.
Where
the owner of any land has provided improvements for public street
purposes to meet the requirements of the City at the time the improvements
were made, the property owner shall not be required to relocate the
improvements.
C.
Waivers.
The following provisions shall allow for reduction in the minimum
lot size and/or minimum street frontage requirements.
1.
An
applicant may apply for a waiver of specific plan standards when the
nature of the use involved or other relevant circumstances make the
requirements of the specific plan insufficient or excessive.
2.
Waivers
may encourage the most productive use of the land, provided the Planning
Commission determines that the waiver will result in a development
plan that is superior to that which could be obtained by the rigid
application of the detailed provisions of the specific plan.
3.
These
waivers may be approved in accordance with the following procedures,
provided such exceptions and modifications are consistent with the
purpose and intent of the specific plan:
a.
Any property owner, his or her authorized agent or the City may apply
for a waiver of the minimum lot size and/or minimum street frontage
requirements.
b.
Waiver of the minimum lot sizes and/or minimum street frontage requirements
shall be permitted, subject to the site plan approval procedures in
this title and in the applicable adopted specific plan.
c.
The minimum lot size and/or minimum street frontage may be decreased
up to 15%, subject to the approval of the Planning Commission based
upon the quality of the development plan, beyond that which could
be obtained by the rigid application of the requirement.
D.
Improvements.
It shall be the responsibility of the owner of any land regulated
by the specific plan to provide the required improvements.
1.
In
the event that the immediate construction of physical improvements
is not possible or practical, an agreement may be entered into between
the City and the owner of the land by which the owner agrees to perform
the necessary construction when required by the City.
2.
In
the event an agreement for improvements is entered into, a cash deposit
or bond in the amount of the estimated cost of the improvements shall
be deposited with the City.
3.
It
shall be the responsibility of the City Engineer to estimate the cost
of any improvements required.
E.
Development
and Maintenance Standards. All development standards not specifically
addressed by the conditions and requirements in this section shall
be governed by the general development and maintenance requirements
of the base zone or zones.
(2758 § 2, 2009)
Specific plans will be adopted by the City Council from time
to time. Due to their unique nature and size they are not included
within the Title 9 document itself. Copies of the adopted specific
plans are available for review and sale at the Garden Grove City Hall,
City Clerk's office. The following list indicates those specific plans
currently adopted:
|
Subsection
|
Title
|
|---|---|
|
9.1.5.05
|
Harbor Corridor Specific Plan
|
|
9.1.5.06
|
Community Center Specific Plan
|
|
9.1.5.07
|
Brookhurst/Chapman Specific Plan
|
(2758 § 2, 2009)
