mixed use regulations and development standards - Garden Grove

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Garden Grove Mixed Use ZonesZoning Ordinance Amendmentthe context of a sexual relationship, and any of the following depicted sexuallyoriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or2. Clearly depicted human genitals in a state of sexual stimulation, arousal ortumescence; or3. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;or4. Fondling or touching of nude human genitals, pubic region, buttocks or femalebreast; or5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or6. Erotic or lewd touching, fondling or other contact with an animal by a human being;or7. Human excretion, urination, menstruation, vaginal or anal irrigation; or8. Dancing by one or more live entertainers in a manner displaying specific anatomicalareas.B. For the purpose of this Section, "specified anatomical areas" shall include the following:1. Less than completely and opaquely covered human genitals, pubic region, buttock,and female breast below a point immediately above the top of the areola; and2. Human male genitals in a discernibly turgid state, even if completely and opaquelycovered.SECTION 9.18.050.030: Conditional Use Permit Requirement. The establishment ofan adult use in a zone where permitted by Section 9.18.020 (Uses Permitted) and Table 9-18.1 (Use Regulations for the Mixed Use Zones), in addition to the distance limitations,location restrictions, and performance standards set forth in this Section, shall also besubject to the requirement of a conditional use permit.SECTION 9.18.050.040: Distance Restrictions for Adult Entertainment Businesses.No adult entertainment business shall be established if such business is located:A. Within 200 feet of any “R” zoned property, or any PUD established exclusively forresidential use, or any property occupied by a residential use, or within 200 feet of anybuilding owned and occupied by a public agency;B. Within 1,000 feet of any other adult entertainment business;C. Within 1,000 feet of any public or private school facility, grades K through 12; parkplayground; public library; or licensed day care facility;C. Within 700 feet of any church or other facility used for religious worship.Section 9.18.050: Adult Entertainment Uses 54
Garden Grove Mixed Use ZonesZoning Ordinance AmendmentThe establishment of any adult entertainment business shall include the opening of such abusiness as a new business, the relocation of such business, or the conversion of an existingbusiness location to any adult entertainment business uses.For the purposes of this Section, all distances shall be measured in a straight line, withoutregard to intervening structures or objects, from the nearest point of the building orstructure used as a part of the premises where such adult entertainment business isconducted to the nearest property line of any lot or premises with “R” zoning or any PUDestablished exclusively for residential use or any property occupied by a residential use, orto the nearest property line of any lot or premises of a church, park, public library, day carefacility, or educational institution utilized by minors, or to the nearest point of any buildingor structure used as a part of the premises of any other adult entertainment business.SECTION 9.18.050.050: Location Restrictions for Adult Entertainment Businesses.With exception of emergency access, all pedestrian and vehicular access to an adultentertainment business shall be oriented toward a principal, major, or arterial street, suchas Garden Grove Boulevard, Magnolia Street, and Brookhurst Street. Access via asecondary arterial or local residential street shall be prohibited. Arterials and localresidential streets are defined in the City’s General Plan Circulation Element.SECTION 9.18.050.060: Waiver of Distance and Location Provisions forResidential/Commercial Mixed Use Developments. For a residential/commercial mixeduse development project, as defined in this Title, any property owner or his or herauthorized agent may, as part of the conditional use permit process, apply to the hearingbody for a waiver from the distance and location provisions contained in this Section relativeto the specific uses within that mixed use development. The hearing body, after a hearing,may grant a waiver to any distance or location provision for a residential/commercial mixeduse development project if the following findings can be made:A. That the proposed use will not be contrary to the public interest or injurious to nearbyproperties, and that the spirit and intent of this Section will be observed;B. That the proposed use will not unreasonably interfere with the use and enjoyment ofneighboring property or cause or exacerbate the development of urban blight;C. That the proposed use will not unreasonably interfere with the operations of otherbusinesses or uses located on the same site;D. That the establishment of an additional regulated use in the area will not be contrary toany program of neighborhood conservation or revitalization, nor will it interfere with anyprogram being carried out pursuant to the community redevelopment law;E. That the establishment complies with all other distance and pedestrian and vehicularrequirements of this code; andF. That all applicable regulations of this code will be observed.The procedure for this hearing shall be the same as that provided in Section 9.32.30 (LandUse Actions) of this Title, with, among other matters, the same notice requirements, thesame right of appeal to the City Council, and the same fees payable by the applicant. TheCity Manager or designee shall prepare the necessary application form for this waiver.Section 9.18.050: Adult Entertainment Uses 55
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