mixed use regulations and development standards - Garden Grove

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Garden Grove Mixed Use ZonesZoning Ordinance Amendmentauthorized agent may, through the conditional use permit process, apply to the hearingbody for a waiver from any of the distance and location provisions contained and/orcross-referenced in this Section. The hearing body, as part of the hearing for theconditional use permit, may grant a waiver to any distance or location provision for aresidential/commercial mixed use development project if the following findings can bemade:1. That the proposed use will not be contrary to the public interest or injurious tonearby 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 ofneighboring 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 thesite;4. That the establishment of an additional regulated use in the area will not be contraryto any program of neighborhood conservation or revitalization, nor will it interferewith any program being carried out pursuant to the community redevelopment law;5. That the establishment complies with all other distance and pedestrian and vehicularrequirements of this code; and6. That all applicable regulations of this code will be observed.E. Queuing Area. Outside queuing areas for patrons shall not be permitted along anyportion of the site that is located adjacent to an “R” zoned property, any PUDestablished exclusively for residential use, or along a secondary arterial or localresidential street. All outside queuing areas shall be located within the interior of thedevelopment and shall be buffered so as not to create noise or a disturbance to adjacentproperties and buildings.F. Insulation for Interior Noise. In residential/commercial mixed use developments,sound and vibration buffering shall be provided to mitigate against impacts onsurrounding 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 operationof 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 propertyor any PUD established exclusively for residential use, and shall be oriented toward aprincipal, major, or primary arterial. Access to a secondary arterial or localresidential street shall be prohibited. Arterials and local residential streets aredefined in the City’s General Plan Circulation Element.2. Use of patio and similar areas used for smoking and congregating shall not become anuisance in any manner to surrounding uses, including due to smoke from smokingmaterials.Section 9.18.030: Specific Uses – Special Operating Conditions and Development Standards 32
Garden Grove Mixed Use ZonesZoning Ordinance Amendment3. The provisions of Section 9.18.030.300 (Outdoor Dining at EatingEstablishment/Restaurant) with regard to any provided outdoor dining shall apply.I. Denial. The hearing body shall have the authority to deny a conditional use permitapplication for an entertainment use if the hearing body finds, based on evidence on therecord, that approval of such a use would result in an undue concentration of uses withthe potential to create adverse conditions within the surrounding area with respect tonoise, 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 anincrease in the intensity of, or type of, or number of, performers, acts, or similar eventsshall require a new conditional use permit.K. Additional Parking for the Entertainment. In addition to the parking required forthe primary use, additional parking for the incidental entertainment use shall be requiredat the ratio of 1.7 parking spaces per 100 square feet of gross floor area.SECTION 9.18.030.150: Eating Establishment/Restaurant with LimitedEntertainment. Such uses shall be subject to the following conditions:A. Incidental Use. Limited entertainment shall be permitted only in conjunction with aneating establishment/restaurant. Entertainment shall be incidental to the restaurant use(such as background music). Entertainment shall not be utilized as a primary use or asan attraction to draw customers to the establishment.B. Conditional Use Permit. A conditional use permit shall be required for theentertainment use.C. Number of Performers. Entertainment shall limited to include up to two performers inthe form of one amplified instrumentalist and one vocalist.D. Noise. Amplified sound from performers and prerecorded music with speakers ispermissible; however, the sound shall not be audible outside the walls of theestablishment. All entertainment shall be conducted within a wholly enclosed building.The property owner shall provide sound attenuation where necessary to limit noise andvibrations to neighboring properties. No amplified music shall be permitted outside ofthe wholly enclosed building, except as allowed by a conditional use permit.E. Dancing and Audience Participation. No dancing or audience participation shall bepermitted.F. Food Service. Food service shall be provided during all hours the entertainmentoperates. The kitchen shall be open and preparing food during all hours theestablishment is open, and shall provide a full menu of food items typically offered inrestaurants.G. Stage. There shall be no raised platform or stage permitted within the establishment atany time.H. Hours of Operation. The hours of operation may be limited and security may berequired through the conditional use permit.Section 9.18.030: Specific Uses – Special Operating Conditions and Development Standards 33
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