Garden Grove City Council
August 23, 2022

STAFF REPORT FOR PUBLIC HEARING PAGE 12 CASE NOS. PUD-141-01(A) AND SP-107-2022

building height with each hotel brand incorporating its own unique architectural design. Similarly, the proposed hotel will feature a contemporary architecture design that compliments and reflects the Nickelodeon brand. The intent of the project is to create a themed resort environment through enhanced architectural elements as depicted in the project plans.

The proposed hotel includes a total of 23 stories with the main hotel tower at a height of 335 feet. The height of the tower is allowed to extend to 350 feet, as analyzed in the Shade and Shadow Study, to accommodate unique roof structures for the use of mechanical equipment, elevator shafts or stairwells. The lower building structure, as measured from grade to the pool deck, will have a height of approximately 61 feet.

The hotel tower will feature a unique serpentine shape with a transparent glass façade. A transparent glass façade will also be included along the easterly street elevation.

The parking structure is integrated into the design of the hotel building with the parking structure openings located on the north, south, and west building elevations. The project’s Noise Study analyzed potential noise generated by the parking structure and recommended project design features to minimize noise to adjacent uses. As such, the project is conditioned to incorporate 4-foot high noise shield walls along the perimeter of the parking structure on the north, south, and west building elevations as well as to incorporate louvered or perforated wall paneling in the upper parking structure openings to conceal parking structure activities and to reduce noise levels. The parking structure, including the louvered or perforated wall paneling, is required to be decorative and architecturally compatible with the design of the proposed hotel.

FUTURE ENTITLEMENTS:

Implementation of the hotel project will require future consideration of the following entitlements by the City:

 A Tentative Tract Map to consolidate the project site. Approval of a Map is an integral part of the ultimate development of the project.

 A Development Agreement between the City and the applicant, in conjunction with the Tentative Tract Map.

 Conditional Use Permit(s) to allow for the sale of alcoholic beverages in the hotel, the ballroom and meeting rooms, and the hotel restaurant.

It should be noted that Street Vacation No. SV- 002-2022 for the vacation of Thackery Drive, and the public alley, will be presented to the City Council for consideration concurrently with the City Council consideration of PUD-141-01(A).

STAFF REPORT FOR PUBLIC HEARING PAGE 13 CASE NOS. PUD-141-01(A) AND SP-107-2022

CEQA:

The proposed project was reviewed and an Initial Study and Mitigated Negative Declaration (IS/ND) was prepared pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.). Based on the Initial Study and supporting technical analyses, it was determined that all potentially significant impacts can be mitigated to a level of less than significance.

A copy of the Initial Study/Mitigated Negative Declaration is attached to this report along with a USB that contains a complete digital version of the environmental document with the corresponding technical studies. The complete environmental document is also available for review on the City’s webpage at:

https://ggcity.org/planning/environmental-documents

The 20-day public comment period on the Mitigated Negative Declaration occurred from June 9, 20 22 to June 28, 2022. Five (5) comment letters were received.

These letters were from: the Orange County Fire Authority, the City of Anaheim, the Orange County Sanitation District, the California Department of Transportation, and from Mitchell M. Tsai Attorney for the Southwest Regional Council of Carpenters. These comment letters and the City's responses will be provided to the City Council for consideration with the Planning Commission ’s recommendation to adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Project.

RECOMMENDATION:

Staff recommends that the Planning Commission take the following actions:

1. Adopt Resolution No. 6044-22 recommending that the City Council adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program and an Ordinance approving Planned Unit Development No.

PUD-141-01(A); and,

2. Adopt Resolution No. 6045-22 approving Site Plan No. SP-107-2022, subject to the recommended Conditions of Approval and contingent upon City Council approval of Street Vacation No. SV- 002-2022 and Planned Unit Development No. PUD-141-01(A).

Lee Marino By: Maria Parra
Planning Services Manager Senior Planner

RESOLUTION NO. 6044-22

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE

RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SITE B2 HOTEL PROJECT AND APPROVE PLANNED UNIT DEVELOPMENT NO.

PUD-141-01(A).

WHEREAS, the City of Garden Grove has received an application requesting to redevelop a 3.72-acre site known as Site B2 , located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, (Assessor Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24) with Nickelodeon-themed Hotel Resort project; and

WHEREAS, the land use actions requested to implement the Project include:
(1) an amendment to Planned Unit Development (PUD) No. PUD-141-01 to create a new sub-area, PUD-141-01(A), to establish development standards to facilitate the development of a full-service, high-rise hotel resort with hotel program entertainment, pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities; and (2) Site Plan No. SP- 107-2022 to authorize the construction of the proposed hotel resort; and

WHEREAS, additional entitlements will be need ed to fully implement the hotel project described above, including: a street vacation to vacant Thackery Drive and the public alley to integrate into the Project site, a tentative tract map to consolidate the project site, and conditional use permit(s) to allow the sale of alcoholic beverages in the hotel, restaurants, and the ballroom and meeting space ; and

WHEREAS, the above-described hotel project, Planned Unit Development No.

PUD-141-01(A), Site Plan No. SP- 107-2022 and the additional future entitlements necessary to implement the hotel project are collectively referred to herein as the “Project”; and,

WHEREAS, pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an Initial Study was prepared and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration as the proposed Project with the proposed mitigation measures cannot, or will not, have a significant effect on the environment; and

WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared listing the mitigation measures to be monitored during Project implementation; and

Resolution No. 6044-22 Page 2

WHEREAS, the Mitigated Negative Declaration was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines; and

WHEREAS, the Planning Commission of the City of Garden Grove held a duly noticed public hearing on July 7, 20 22, and considered all oral and written testimony presented regarding the Project; and,

WHEREAS, the Planning Commission of the City of Garden Grove held a duly noticed public hearing on July 7, 2022, and considered the initial study and the Mitigated Negative Declaration.

NOW, THEREFORE, BE IT RESOLVED, FOUND, AND DETERMINED as follows:

1. The Planning Commission has considered the proposed Mitigated Negative Declaration.

2. The Planning Commission recommends that the City Council finds that the Mitigated Negative Declaration reflects the City's independent judgment and analysis.

3. The Planning Commission recommends that the City Council finds on the basis of the whole record before it, including the Initial Study, that there is no substantial evidence that the project will have a significant effect on the environment.

4. The Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on July 7, 20 22, does hereby recommend that the City Council approve Planned Unit Development No. PUD-141-01(A).

BE IT FURTHER RESOLVED in the matter of Planned Unit Development No.

PUD-141-01(A), the Planning Commission of the City of Garden Grove does hereby report as follows:

1. The case was initiated by the Kam Sang Company.

2. The applicant is requesting approval to amend Planned Unit Development No.

PUD-141-01(A) to create a new sub-area Planned Unit Development zoning , PUD-141-01(A), on an approximately 3.72-acre site to establish development standards and performance standards governing the development of a full-service, high-rise hotel resort with hotel program entertainment, pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities. The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space ;

Resolution No. 6044-22 Page 3

22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements.

3. The Project site has a General Plan Land Use designation of International West Mixed Use, and is zoned Planned Unit Development No. PUD- 141-01 and R-1 (Single-Family Residential). The Project site is 3.72-acres, comprised of nineteen (19) parcels, including Thackery Drive, and a public alley, that are currently vacant and unimproved. Thackery Drive, and the public alley, will be vacated by the City Council under Street Vacation No.

SV-002-2022 and integrated into the Project site. The applicant is requesting to develop the site with a 500-room hotel resort with event space, restaurants, retail, and hotel amenities through land use approvals for Planned Unit Development No. PUD- 141-01(A) and Site Plan No.

SP-107-2022 (collectively, the “Project”).

4. The Community and Economic Development Department has prepared an Initial Study and Mitigated Negative Declaration for the Project that (a) concludes that the proposed project with the incorporation of mitigation measures cannot, or will not, have a significant impact on the environment, and (b) was prepared and circulated in accordance with applicable law, including CEQA and CEQA's implementing guidelines.

5. Existing land use, zoning, and General Plan designation of property in the vicinity of the subject property have been reviewed.

6. Report submitted by City staff was reviewed.

7. Pursuant to a legal notice, a public hearing was held on July 7, 2022, and all interested persons were given an opportunity to be heard.

8. Concurrently with the adoption of this Resolution, the Planning Commission adopted Resolution No. 6045-22 approving Site Plan No. SP-107-2022 for the construction of the proposed hotel resort, and Resolution No. 6046-22 finding and reporting to City Council that Street Vacation No. SV- 002-2022 for the vacation of Thackery Drive and a public alley is con sistent with the City’s General Plan. The facts and findings set forth in Planning Commission Resolution No. 6045-22 and 6046- 22 are hereby incorporated into this Resolution by reference.

8. The Planning Commission gave due and careful consideration to the matter during its meeting of July 7, 2022, and considered all oral and written testimony presented regarding the Project.

BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission are as follows:

Resolution No. 6044-22 Page 4

FACTS:

The Project site consists of 3.72-acres located on the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive. The Project site is referred to as the Site B2 Project and is proposed to be developed with a Nickelodeon-themed Hotel Resort. The Project is located in the City’s Grove District Anaheim Resort Area, which is the City’s entertainment and tourism area. The resort area is currently developed with hotels, restaurants, and retail uses.

The Project site abuts a Planned Unit Development No. PUD-141-01 zoned property to the north developed with the Sheraton Hotel; Multiple-Family Residential (R-3) zoned properties to the northwest developed with two-story residential apartments; Single-Family Residential (R-1) zoned properties to the west developed with one-story, single-family homes. To the south, across Twintree Avenue, are R-1 zone properties developed with single-family homes, and PUD- 121-98 zoned properties developed with single-family homes and a commercial building. Across Harbor Boulevard to the east are vacant parcels entitled for the Site C hotel resort project, which are zoned PUD-128-12.

The project site is comprised of nineteen vacant (19) parcels, along with Thackery Drive and a public all ey, which are proposed to be vacated by the City Council under Street Vacation No. SV- 002-2022 and integrated into the development. The General Plan Land Use designation of the Site was changed to International West Mixed Use in 2008 pursuant to City Council Resolution No. 8851- 08. Thirteen of the existing parcels within the Project site are currently zoned PUD- 141-01, which was adopted in 2002 to facilitate the development of two hotels. Six of the existing vacant parcels are still technically designated as zoned R-1; however, this zoning is inconsistent with the International West Mixed Use Land Use Designation, and single-family residential uses could not legally be established on these parcels.

The project site is referred to as the Site B2 Project. The subject properties were acquired by the former Garden Grove Redevelopment Agency and the City of Garden Grove to facilitate the development of a hotel resort. The developer entered into an Exclusive Negotiation Agreement (ENA) with the City of Garden Grove, and the parties are currently negotiating a disposition and development agreement (“DDA”) to facilitate development of the project site with the Nickelodeon Hotel Resort.

The proposed Planned Unit Development amendment will create a sub-area, PUD-141-01(A), to establish development standards for the development of a full-service, high-rise hotel resort with hotel program entertainment, a pool deck , ballroom/meeting space, and food and beverage (restaurant) opportunities on

3.72-acres. The proposed Project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532

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square feet; a five-level parking structure with 528 parking spaces; and related site improvements.

The proposed PUD sub-area will establish development standards for the entire development site that will facilitate the construction of the proposed hotel development. The proposed PUD sub-area will establish development standards regulating the number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, environmental mitigation measures and related performance standards.

FINDINGS AND REASONS:

Planned Unit Development:

1. Establishment of the proposed Planned Unit Development is consistent with the City’s General Plan.

The City’s Land Use Element encourages Planned Unit Developments (PUD).

A Planned Unit Development is a precise plan, adopted by ordinance that provides the means for the regulation of buildings, structures, and uses of land to facilitate the implementation of the General Plan by creating site-specific zoning regulations and development standards. The regulations of the PUD are intended to provide for a diversity of uses, relationships, and open spaces in an innovative land plan and design, while ensuring compliance with the provisions of the Municipal Code.

The Project site has a General Plan Land Use Designation of International West Mixed Use, which is intended to promote the development of resorts, entertainment, retail, restaurants, and hotels along Harbor Boulevard. The proposed Planned Unit Development will facilitate the development of a 500-room hotel resort with a themed pool deck with a lazy river and a pool slide, a 600-seat theater (Nick Studio), themed entertainment venues (Studio Hall and Nick Arcade), restaurants (food and beverage), event space (ballroom and meeting space), hotel amenities, and a five-level parking structure with 528 parking spaces. The PUD sub-area will establish development standards for the entire Project site that will facilitate the development of the proposed hotel resort that will regulate the number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, and environmental mitigation measures.

In addition, the proposed PUD sub-area (Project) is consistent with the goals and policies of the General Plan Land Use Element, the Community Design Element, and the Economic Development Element, including:

(a) Policy LU-1.4 to encourage a wide variety of retail and commercial uses, such as restaurant and cultural arts/entertainment, in

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appropriate locations AND Policy LU-6.2 to encourage a mix of retail and commercial services along major corridors and in centers to meet the community needs.

The proposed Project is located in the City’s resort tourism district, the Grove District Anaheim Resort Area , which encourages restaurants, retail, entertainment and hotel uses along Harbor Boulevard. The proposed Project will introduce a new hotel resort, Nickelodeon Hotel Resort. The proposed hotel resort will feature 500 hotel rooms with themed hotel amenities, including a themed pool deck with a lazy river and a pool slide; a 600-seat theater (Nick studio), and themed entertainment venues (Studio Hall and Nick Arcade). The hotel resort will also include restaurants (food and beverage) and event space (ballroom and meeting space). The proposed Project will expand and enhance the hospitality services currently available in the City’s resort area by introducing a new hotel resort with unique hotel amenities that will attract local and regional visitors.

(b) Policy LU-1.5 to encourage active and inviting pedestrian-friendly street environments that include a variety of uses within commercial and mixed-use areas.

The proposed Project is located in the City’s resort area, which is developed with hotels, restaurants, and retail uses that are conveniently located within walking distance of one another. The proposed Project will enhance the City’s resort area and will continue to encourage pedestrian activity and a pedestrian-friendly street environment. The Project will provide landscaping and a decorative public sidewalk pattern that is specific to the resort area. The landscape pattern will liven the streetscape to encourage pedestrian activity within the resort area. The landscape pattern along Harbor Boulevard, including the public right- of-way, will include a double row of palm trees and canopy trees with up-lighting, shrubs, and ground cover that will create an inviting environment for pedestrians.

(c) Goal LU-4 that seeks to develop uses that are compatible with one another AND Policy LU 4.5 that requires that commercial developments adjoining residential uses be adequately screened and buffered from residential areas.

The proposed Project is located in the City’s resort area, and is developed with hotels, restaurants, and other commercial uses. The project directly abuts the Sheraton Hotel to the north, and directly abuts residential uses to the northwest and west. The proposed Project will be compatible with the existing hotel developments in the resort district. The hotel will offer hotel themed amenities that are unique to the Nickelodeon hotel brand, including a themed pool with a lazy river and a pool slide, a 600-seat theater (Nick Studio), and

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entertainment venues, including Studio Hall and a Kid’s Lounge. The proposed Project will incorporate specific mitigation measures and project design features to minimize impacts to the adjacent residential uses from noise generated from the hotel, including from the parking structure and the pool deck. Implementation of the mitigation measures and project design features will ensure that the adjacent residential uses are adequately screened and buffered from the proposed hotel use.

(d) Goal LU-9 Creation of tourism and entertainment-related destination area that will benefit all residents, businesses, and visitors AND Policy LU-9.6 Locate tourist or entertainment related uses with adequate access to freeways or major arterials to encourage both local and regional patronage.

The proposed Project is located in the City’s resort tourism district, the Grove District Anaheim Resort Area, which is a tourist destination that encourages restaurants, retail, entertainment, and hotel uses. The proposed Project will introduce a themed hotel resort that will cater to residents, businesses, and visitors alike. The proposed Project will introduce unique hotel resort amenities that will appeal to residents and the general public. The proposed Project will introduce new employment opportunities to the local community. The proposed Project is located on Harbor Boulevard, which is a major arterial that connects to the State Route ( SR) 22 and the I-5 Freeways, and that also connects to other major City arterial streets that intersect with Harbor Boulevard, such as Chapman Avenue, Garden Grove Boulevard, Trask Avenue, and Westminster Avenue. The proposed hotel resort is conveniently accessed by major arterial streets and freeways, which serve to provide convenient access to the project site to local and regional visitors.

(e) Policy CD-7.1 Encourage future development and redevelopment projects to reinforce district scale, identity, and urban form.

The existing hotels located in the Grove District Anaheim Resort vary in design, massing, and building height with each hotel brand incorporating its own unique architectural design. Similarly, the proposed hotel will feature a contemporary architecture design that compliments and reflects the Nickelodeon brand. The intent of the project is to create a themed resort environment through enhanced architectural elements that integrate with the intent and vision of the resort district.

(f) Policy ED-1.1 Continue to encourage the development and expansion of hotel facilities in key corridors of the City (i.e., Harbor Boulevard)

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The proposed Project will further facilitate the development and expansion of the Grove District Anaheim Resort through the construction of a new, 500 room, themed hotel resort. The proposed Project will develop nineteen (19) existing parcels that are currently vacant and unimproved, including a public street and alley that will be vacated, with a hotel resort that will offer themed amenities, event space, restaurants, and entertainment. The proposed Project will enhance the City’s resort area and expand the hospitali ty services available in the area.

2. The location, design, and the proposed uses are compatible with the character of the existing development in the vicinity and will be well integrated into its setting.

The Project is located in the City’s Grove Distri ct Anaheim Resort, which is designated as a resort destination that encourages hotels, restaurants, and entertainment uses. The resort area is improved with existing hotels, restaurants, and retail uses. The proposed Project will be compatible with the existing hotel developments in the area, and will expand and enhance the hospitality services currently available in the resort district. The Project directly abuts the Sheraton Hotel to the north, and residential uses to the northwest and west. The hotel will offer hotel-themed amenities that are unique to the Nickelodeon hotel brand, including a themed pool with a lazy river and a pool slide, a 600-seat theater (Nick Studio), and entertainment venues, including Studio Hall and a Kid’s Lounge. The project will include an architectural style that is unique to the Nickelodeon hotel brand. The Project will provide landscaping and a decorative sidewalk pattern that is specific to the resort area that is intended to create a lively streetscape and an attractive environment.

The proposed Project will incorporate specific mitigation measures and project design features to minimize impacts to the adjacent residential uses from noise generated from the hotel, including from the parking structure and the pool deck. Implementation of the mitigation measures and project design features will ensure that the adjacent residential uses are adequately screened and buffered from the proposed hotel use.

3. The plan will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding streets.

The proposed Planned Unit Development sub-area zoning will accommodate the project’s intensity by creating a stable and desirable environment by developing the Project site to the fullest intent. The Project site is 3.72-acres and can accommodate the proposed hotel resort. The proposed Project will revitalize existing vacant and unimproved properties located in the City’s Grove District Anaheim Resort with a vibrant and attractive hotel resort development. The Project will feature a contemporary architectural design and hotel amenities that are unique to the Nickelodeon brand . The Project

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will provide landscaping along Harbor Boulevard and Twintree Avenue that is compatible with the resort area landscape pattern, which will create a lively streetscape and an attractive environment.

A Traffic Impact Study was prepared for the proposed Project that reviews the traffic and circulation. The appropriate mitigation measures were included to minimize undue traffic congestion on surrounding streets.

A Shared Parking Study was also prepared for the proposed Project to determine the peak parking demand to estimate the required parking. The Shared Parking Study determined that the peak parking demand for the hotel resort was estimated at 471 parking spaces during the weekday at 8:00 p.m., and 480 parking spaces during the weekend at 9:00 p.m. The proposed hotel resort will provide a total of 528 parking spaces, which is sufficient to accommodate the proposed peak parking demand of 480 parking spaces. In addition, the proposed hotel resort will implement a valet parking program to increase the on-site parking capacity during peak periods.

With the required mitigation measures, undue traffic congestion will be minimized to the surrounding streets, especially to the adjacent residential streets.

4. Provision is made for both public and private open spaces.

Provisions have been included into the development standards of the PUD for protection and long term maintenance of public and private open space. The Project will provide landscaping along Harbor Boulevard and Twintree Avenue that is compatible with the resort area landscape pattern that will create a lively streetscape and an attractive environment for hotel guests and visitors.

The landscape treatment along Harbor Boulevard will include a double row of palm trees and canopy trees with up-lighting, shrubs, and ground cover, along with a decorative public sidewalk pattern. The Project will also include hotel open space amenities, including a pool deck with a lazy river and a pool slide.

5. Provision is made for the protection and maintenance of private areas reserved for common use.

Through the Performance Standards, development standards, and the conditions of approval of applicable land use permits, all necessary agreements for the protection and maintenance of private areas reserved for common use will be in place prior to the start of construction and will be required to be adhered to for the life of the project.

6. The quality of the project, achieved through the proposed Planned Unit Development zoning, is greater than could be achieved through traditional zoning.

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The current zoning of the Project site is outdated, is partially inconsistent with the General Plan, and would not accommodate the proposed Project.

The City has not adopted new generally applicable zoning and development standards to implement the International West Mixed Use General Plan Land Use Designation, and the General Plan contemplates and provides for the establishment of such standards through the Planned Unit Development process. In order to facilitate the development of the Project as proposed , and to continue to further the goals of the City’s General Plan to expand and enhance the City’s resort area, establishment of a sub-area PUD, PUD-141-01(A), on the Project site is necessary. The new PUD sub-area will encompass 3.72-acres, and will facilitate the development of a 500-room hotel resort with themed hotel amenities, including a themed pool deck with a lazy river and a pool slide; a 600-seat theater (Nick studio), themed entertainment venues (Studio Hall and Nick Arcade), restaurants (food and beverage) and event space (ballroom and meeting space). The proposed Project is best facilitated through the proposed PUD sub-area. The PUD sub-area will establish development standards specific to the Project site that will regulate the total number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site access and circulation, and signage. Therefore, the proposed PUD will allow for a project with a superior design than what can be achieved under the existing zoning for the property.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT

In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. The Planned Unit Development possesses characteristics would indicate justification of the request in accordance with Municipal Code Section

9.16.03.020 (Planned Unit Development) and 9.32.030 (Zone Change).

2. The following Provision and Standards of Development shall apply to PUD-141-01(A):

Planned Unit Development Provisions and Development and Performance Standards

A. Purpose and Intent

The purpose and intent of this Planned Unit Development sub-area is to facilitate the development of a hotel resort that consists of 500 hotel rooms within one (1) full-service, high-rise hotel resort with entertainment, a themed pool deck with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurants; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot

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arcade; a spa and fitness center at 8,532 square feet; and a parking structure .

This Planned Unit Development sub-area expands the scope of potential development intensity on the covered property and is not intended to modify or reduce the permitted intensity of residential uses otherwise permitted on any portion of the property, if any, or to extinguish the existing rights, if any, granted pursuant to that certain Development Agreement entered into between the City of Garden Grove and Palm Court Lodging, LLC, dated February 26, 2002, recorded in the Official Records of the County of Orange on March 21, 2002, at Document No. 20020231935.

B. Maximum Square Footages

The aggregate square footages of the banquet/meeting space , the hotel restaurants, retail, and the hotel amenities permitted within the Planned Unit Development sub-area shall not exceed the following maximums:

 Ballroom/Meeting Space 17,715 Square Feet

 Restaurant 22,296 Square Feet

 Retail 5,480 Square Feet

 Hotel Amenities

o Theater (Nick Studio) 600-seats

o Entertainment Venue 6,448 Square Feet
(Studio Hall)

o Arcade (Nick Arcade) 7,000 Square Feet

o Spa/Fitness 8,532 square feet

C. Permitted Uses

The following uses shall be permitted or conditionally permitted within the Planned Unit Development sub-area:

 Hotels, hotels with ballroom and meeting space, restaurants, and ancillary hotel uses such as gift shops, coffee and beverage dispensary, swimming pool, spa, and fitness room.

 Hotels with entertainment shall be limited as an accessory use to the ballroom and meeting space, and shall be subject to a Conditional Use Permit.

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 Alcohol sales on-site and off-site are subject to all provision of Title 9 of the Municipal Code, including, but not limited to, Conditional Use Permit (CUP) approval.

 Restaurants with or without alcoholic beverage sales. Restaurants with alcoholic beverage sales are subject to a Conditional Use Permit.

 Restaurants with entertainment shall be subject to a Conditional Use Permit.

 Outside vending such as hot dog carts, merchandise carts, and similar free standing/mobile vending carts subject to Conditional Use Permit approval.

 Parking lots and parking structures to serve the project.

 Any proposed use that is not listed shall be subject to an Interpretation of Use pursuant to Section 9.32.030 of the Municipal Code that shall be reviewed by the Zoning Administrator.

 Those residential uses, if any, that were permitted under the General Plan Land Use designation(s) or zoning ordinances of the City as in effect on January 1, 2018, shall remain permitted uses, subject to the applicable development standards and review and approval in accordance with the Garden Grove Municipal Code and State law.

D. Setbacks

The minimum building setbacks shall be as follows:

1. Front Setback: Minimum building setback from the Harbor Boulevard property line (ultimate right-of-way) shall be 9 feet.

2. Side Street Setback: Minimum building setback along Twintree Avenue shall be 10 feet from the property line.

3. Interior Side and Rear Setbacks: No minimum setback shall be required to adjacent commercial uses. A minimum 10-f oot setback is required adjace nt to any property line with an adjoining residential use.

Building elements such as structural components, architectural features, or roof projections shall not encroach into the required perimeter setback areas.

E. Maximum Building Height

Building heights shall be determined through a Shade and Shadow Study, and approved through a Site Plan review.

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F. Landscaping

General: The site shall consist of a combination of trees, shrubs and bushes, and ground cover with the allowance for other landscape treatments such as large rocks, water elements, and unique walkway paving, and street furniture. Any area not covered by roadways, parking, walkways, and buildings, shall have landscape treatment.

Harbor Boulevard Landscape Treatment: Landscaping along Harbor Boulevard, including within the public- of-way, shall include two rows of Date Palm Trees (minimum brown trunk height of 25 feet), canopy trees (minimum 24-inch box), shrubs, and ground covers. Landscape materials shall match the landscape materials used within Garden District Anaheim Resort Area. The landscape area shall include up-lighting on the trees. All aspects and elements of the Harbor Boulevard Landscape Treatment shall be included on the required Project landscape/irrigation plans and shall be reviewed and approved by the Community and Economic Development Department and the Public Works Department prior to the beginning of site construction. The Community and Economic Development Director may approve minor modifications to the foregoing standards as to height, size, and placement of the palm trees along Harbor Boulevard.

Landscape Plan: A detailed landscape plan shall be prepared and approved prior to site construction. The plan shall be detailed to show all plant material, water elements, pathways, and other landscape treatments. The landscape plan shall be the basis of how the site is to be developed and maintained for the life of the project. Should changes need to occur, revisions, renovations, or changes to the landscaping shall be reviewed and approved by the Community and Economic Development Department to ensure the aesthetics are maintained concerning this element of the overall project.

The landscape plan shall incorporate and provide for maintenance for the life of the project those means and methods required to address water run-off, also identified as Low Impact Development provisions, in accordance with Chapter 6.40 of the Garden Grove Municipal Code, and the regulations and technical documents incorporated and required thereunder, including, but not limited to, any applicable Water Quality Management Plan (WQMP), the Orange County Drainage Area Management Plan (DAMP), and any other water conservation measures applicable to this type of development.

Landscaping shall be provided within the project boundaries, as well as along Harbor Boulevard and Twintree Avenue. The landscape treatment along Harbor Boulevard is required to include a double row of palm trees with canopy trees, shrubs, and ground cover that is consistent with the Grove District Anaheim Resort landscape plan for Harbor Boulevard. The landscape treatment along Twintree Avenue is required to incorporate canopy trees, shrubs, and ground cover that is similar to the landscape treatment on Harbor Boulevard.

Resolution No. 6044-22 Page 14

The required width of the public sidewalk and parkway improvements on Harbor Boulevard and Twintree Avenue shall be determined by the Public Works Department, Engineering Division, to ensure a consistent pattern is achieved consistent with the right-of-way improvements for the resort district.

The property owner shall be responsible for all installation and long-term maintenance of all landscaping on the property during and after the construction period. Said responsibility shall extend to any landscaping, sidewalk, curb and pavement of the site, and shall extend to the public right- of-way adjacent to the site, subject to the parameters and limitations set forth in the Performance Standards attached hereto as Exhibit “B” . All planting areas shall be kept free of weeds, debris, and graffiti.

G. Boundary:

The site’s boundary for maintenance, landscaping, and improvements is that area around the project site that is to the property line along adjacent properties, and where the project is adjacent to public right- of-way, the boundary shall extend to the curb of each street respectively , subject to the parameters and limitations set forth in the Performance Standards attached hereto as Exhibit “B.

H. Maintenance:

The overall site, inclusive of the landscaped areas and other amenities and features (e.g., water elements, irrigation systems, sculptures, street furniture, trash receptacles, common area signage, and lighting) shall be kept in proper working condition, maintained for the life of the project, and have the planted areas to be in a weed free, healthy and growing condition, with overall debris removed on regular basis.

I. Circulation and Access

The site shall provide one (1) access point on Harbor Boulevard and one (1) access point on Twintree Avenue, and subsequent improvements as identified in the mitigation measures of the Mitigated Negative Declaration adopted in conjunction with approval of Planned Unit Development No. PUD-141-01(A). The final location of the emergency access shall be determined prior to submittal of plans for building and grading permits and shall be subject to approval by the Community and Economic Development Director.

The Harbor Boulevard entrance shall serve as the main entrance to the project site for all guests, visitors, and hotel employees. Tourist buses and shuttle buses shall also use the Harbor Boulevard entrance for access. The Twintree Avenue entrance shall serve as a secondary vehicular entrance only and shall be restricted for use by emergency vehicles, maintenance vehicles, and trash and delivery trucks only.

The main access point on Harbor Boulevard shall include a signalized intersection that is aligned with the main access point of the hotel development located across

Resolution No. 6044-22 Page 15

from the project site, and that will permit two-way traffic, allowing left and right-turn movements in and out of the site. The access point on Twintree Avenue shall only permit right-turn in and left-turn out of the project site.

The proposed Project shall provide an internal vehicular circulation system designed to comply with the City’ s minimum drive-aisle standards that accommodates two-way traffic, and that provides appropriate access for trash trucks and emergency vehicles.

Internal circulation shall meet all applicable City s tandards and shall allow ease of access through all drive-aisles, roundabouts, the parking structure, and that allow for drop-off and pick-up areas in front of the hotel. Vehicle ease of access shall account for fire trucks, sanitation trucks, delivery trucks, tour buses, etc., which shall be accommodated through turning radius and necessary height clearances as well as designated parking areas inclusive of staging areas for events, equipment loading and unloading.

The paving and concrete treatment of all driveways along Harbor Boulevard and Twintree Avenue shall be subject to review and approval of the Community and Economic Development Director, who, in his or her discretion, may require decorative paving and/or enhanced concrete treatment.

J. Required Parking:

Except as provided below, the hotel project shall provide a minimum of 480 parking spaces. This parking requirement is based on the total number of hotel rooms and aggregate square footages of the hotel resort uses analyzed in the Shared Parking Study attached as Appendix J to the Initial Study and Mitigated Negative Declaration adopted in conjunction with approval of Planned Unit Development No.

PUD-141-01(A), which includes:

 A maximum of 500 hotel rooms

 A maximum of 17,715 square feet of ballroom/meeting space

 A maximum of 22,296 square feet of hotel restaurant space

 A maximum of 5,480 square feet of retail

 A 600-seat theater (Nick Studio)

 A maximum 6,448 square feet family entertainment (Studio Hall)

 A maximum of 8,532 square feet of spa space

In the event of changes in the aforementioned square footages that may affect the total required parking, such as, but not limited to, square footage increase beyond those analyzed in the Shared Parking Study, or if a reduction to the total required

Resolution No. 6044-22 Page 16

parking spaces is proposed based on a reduction to the number of hotel rooms or use square footages, then a updated s hared parking study shall be prepared to determine the required minimum number of parking spaces. The updated shared parking study and associated change in the number of required parking spaces may be reviewed and approved by the Community and Economic Development Director.

The owners and/or tenants of the hotel project shall implement the required mitigation measures identified in the mitigation monitoring and reporting program adopted in conjunction with approval of Planned Unit Development No.

PUD-141-01(A) to minimize impacts to the parking.

In the event a significant addition or expansion of uses or the development of a different project than what was analyzed in the Initial Study and Mitigated Negative Declaration adopted in conjunction with approval of Planned Unit Development No.

PUD-141-01(A) is proposed, a new site-specific parking analysis shall be prepared for City review and approval.

K. Parking Structure Design

The parking structure shall be designed to be architecturally compatible with on-site buildings, utilizing similar design features, details, and materials. All sides of a parking structure that are in view from adjacent properties and public right - of-way shall be architecturally enhanced. The parking structure shall be well illuminated, including having the interior of the parking garage painted a light color, and designed to meet City parking standards for drive-aisle width, stall sizes, and height clearances. Within the structure, an emergency communication system shall be installed and maintained that allows emergency services such as police, fire, and paramedics the ability to use communication devices throughout the enclosed areas. The design of the parking structure shall also incorporate the mitigation measures and project design features identified in the Initial Study and Mitigated Negative Declaration adopted in conjunction with approval of Planned Unit Development No. PUD-141-01(A).

L. Perimeter Walls

All new block walls shall be of decorative slumpstone or split face block, with decorative cap, and shall maintain a maximum height of eight-feet as measured from the property’s finished grade.

A new eight-foot high block wall shall be constructed on the western and northwestern property lines, adjacent to the residential properties. The developer shall work with adjacent property owners in designing and constructing the perimeter block walls to avoid having double walls, and to minimize any impact that it might cause to the existing landscaping on the neighbor’s side as much as possible. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the developer cannot obtain approval from the adjacent property owners, the new wall may be constructed with a decorative cap to be placed between the new and existing walls.

Resolution No. 6044-22 Page 17

Any new block walls constructed along the Twintree Avenue property line sha ll maintain a 5-foot setback from the property line.

At no time shall a block wall be placed within 9 feet from the Harbor Boulevard property line.

Any block wall located adjacent to a driveway shall ensure that the appropriate line-of-sight is maintained as determined by the Public Work Department, Engineering Division.

The Community and Economic Development Director may authorize minor modifications to the required wall heights and setbacks set forth above to accommodate permitted differences between submitted development plans and the project plans. Notwithstanding the foregoing, the block wall on the westerly and northwesterly property lines shall comply with all standards required by the mitigation measures and project design features identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program adopted in conjunction with approval of Planned Unit Development No. PUD-141-01(A).

M. Signs and Graphic Standards

All signage, including sign type and allowable sign area, shall be in accordance with Chapter 9.20 of Title 9 of the Municipal Code as allowed by the C-1 zone.

The total allowable sign area shall be calculated per Chapter 9.20.060.B of Title 9 of the Municipal Code. Signs may be mounted flush with the wall surface or perpendicular to the wall (blade sign).

Freestanding signs shall comply with the Overlay Design Standards for the International West Resort Area per Section 9.20.045 of the Municipal Code.

A sign program that governs all site signage, inclusive of wall signage , common area signage , freestanding signs, and directional signs, is required. The sign program shall be approved by the Community and Economic Development Director, or his or her designee, prior to occupancy of the site and shall remain in effect for duration of the project. All changes to the approved sign program shall be approved by the Community and Economic Development Director, or his or her designee.

All common area signs, directional signs, and kiosk type signs shall be uniform in lettering, material, and coloring.

N. Utilities

All utility lines shall be underground or placed in locations as to be concealed from view. This includes gas and electrical lines and conduit, Cable TV, and telephone lines and conduit, and any other utility or service lines, including water pipes for domestic use and fire sprinkler systems.

Resolution No. 6044-22 Page 18

O. Storage and Refuse Collection

All staging and storage areas for the hotel and hotel uses shall be provided within the hotel’s loading area. No outside storage area shall be provided, nor shall there be any outside storage of goods or merchandise at any time. Designated staging areas (loading/unloading) for general deliveries of goods sold on the site may be created, but these staging areas shall not block or hinder vehicle or pedestrian traffic or restrict emergency vehicles or emergency access.

Refuse storage and collection areas shall be provided and subject to both Garden Grove Sanitation District (GGSD) and GGSD contracted solid waste handler/hauler approval, and be subject to applicable building and fire codes.

P. Environmental Mitigation Measures

The overall development and subsequent occupancy and operation of the site shall be subject to those environmental mitigation measures identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project, adopted in conjunction with Planned Unit Development No.

PUD-101-01(A), and which are summarized in Exhibit “A” attached hereto.

Q. Covenants, Conditions, and Restrictions (CC&R’s)

If the project site is subdivided to create separate units of ownership within this Planned Unit Development sub-area, Covenants, Conditions, and Restrictions or a similar legal document (“Declaration”) approved by the City Attorney and the City Manager, or his or her designee, which governs the maintenance, use, operation, and development of the entire site, shall be recorded prior to or concurrently with recordation of the subdivision map. Minimum required provisions of such Declaration shall be included in the Conditions of Approval of the subdivision map, if applicable, and shall include or address the following in a form acceptable to the City:

 The development provisions and development standards for Planned Unit Development No. PUD- 141-01(A) and/or any subsequent amendments to such provisions or standards;

 All PUD Performance Standards and conditions of approval to approved land use permits for the project;

 All applicable CEQA mitigation measures applicable to the project;

 All applicable provisions required to be contained in a “declaration” or similar document required to be recorded pursuant to the disposition and development agreement governing the property;

 Covenants and provisions requiring and providing for maintenance of all buildings, amenities, sidewalks, drive aisles, lighting, landscaping, and other

Resolution No. 6044-22 Page 19

improvements on the site and applicable portions of the public right- of-way according to established standards;

 Reciprocal easements for ingress, egress, parking, utilities, and drainage benefitting the various land uses and property interests on the site;

 Easements permitting and addressing any contemplated encroachments or permitted construction across lot/parcel lines;

 Provisions for the deterrence and/or abatement of graffiti vandalism consistent with best management practices approved by the City;

 Provisions ensuring tenants and property owners a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters for developments of this type;

 Provisions expressly and assigning and allocating responsibility and funding and performance of the continued operation and maintenance of the site, improvements on the site, and all required water quality best management practices;

 Provisions acceptable to the City regarding property owners’ and/or the property owners’ association’s responsibilities for compliance with all applicable water quality laws and regulations.

 A provision or provisions giving the City the right, but not the obligation, to enforce provisions of the Declaration, Planned Unit Development provisions, and related land use permit approvals by any legal or equitable means ; authorizing the City to levy special assessments against the properties in connection with its actions to enforce such provisions; and providing that the City shall be entitled to recover its attorneys fees incurred in connection with its actions to enforce such provisions.

 A provision permitting entry by policy and fire personnel upon common areas and/or portions of the site held open to the public for the purpose of enforcing state and local laws; and

 A provision or provisions prohibiting termination or substantial amendment of the Declaration without prior written approval of the City.

R. Absence of Provisions and Standards

Any matters pertaining to the development or occupancy or operation of the subject site that is not listed or expressly provided for herein shall be subject to the provisions and development standards of the City’s Municipal Code, inclusive. This would include, but not be limited to, undergrounding all existing and new utilities serving the site, complying with all Building, Fire, and Development Codes, and paying all related fees, bonds, and other associated costs.

Resolution No. 6044-22 Page 20

S. Development Plans and Permits

Except as otherwise expressly provided herein, all development within the sub-area shall be subject to approval of a subdivision map, site plan, and/or other land use permits, as applicable, in accordance with Chapter 9.32 of the Garden Grove Municipal Code. Any required reservation of land, dedication or right- of-way, payment of development impact fees, easement(s), and/or site improvement work in the public right- of-way shall be properly addressed in the permit approval process and made a condition of approval of such permit(s), as applicable.

T. Associated Performance Standards

In order to fulfill the purpose and intent of Planned Unit Development No.

PUD-141-01(A), the Performance Standard s attached hereto as Exhibit “B” shall apply as conditions to the approval of any future hotel resort development, including any ancillary buildings, uses, and/or subdivision of property covered by this Planned Unit Development. The performance standards shall be applicable to the future development of the site, including the initial construction drawings, plan check review, during construction, after completion of the project, and for the life of the development. To the extent not inconsistent with the purpose, intent, and specific standards and requirements of this Planned Unit Development No.

PUD-141-01(A), the Community and Economic Development Director may authorize minor modifications to the Performance Standards. This Section shall not be interpreted to in any way to limit the authority of the City to impose additional conditions of approval pursuant to subsequent project-specific City approvals.

Adopted this 7th day of July 2022

ATTEST: /s/ JOHN RAMIREZ ___
CHAIR
/s/ JUDITH MOORE _____

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, JUDITH MOORE, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Garden Grove, California, at a meeting held on July 7, 2022, by the following vote:

AYES: COMMISSIONERS: (7) ARESTEGUI, CUNNINGHAM, LEHMAN,

LINDSAY, PEREZ, RAMIREZ, SOEFFNER
NOES: COMMISSIONERS: (0) NONE

Resolution No. 6044-22 Page 21

/s/ JUDITH MOORE

RECORDING SECRETARY

PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).

A decision becomes final if it is not timely appealed to the City Council. Appeal deadline is July 28, 2022.

EXHIBIT “B”

PERFORMANCE STANDARDS

Planned Unit Development No. PUD-141-01(A)

The following performance standards shall apply as conditions of approval to any future hotel resort development and/or subdivision of property covered by this Planned Unit Development:

1. The term “applicant,” as referenced herein, shall refer to both the developer, tenant/business operators and the property owners, including subsequent purchasers and/or tenants of the project. The applicant and subsequent owner/operators of such business shall adhere to the performance standards for the life of the project, regardless of property ownership. Any changes of the performance standards require approval by the hearing body.

2. All performance standards shall be implemented at the app licant’s expense, except where specified in the individual performance standards.

3. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with approval of Planned Unit Development No. PUD-141-01(A) shall be implemented.

4. The project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Council as part of the Mitigated Negative Declaration adopted by the City in conjunction with Planned Unit Development No.

PUD-141-01(A). In order to assist the City to verify that all required project mitigation measures and project design features are complied with in a timely manner, a project-specific mitigation-monitoring program for monitoring all applicable project-related mitigation measures shall be prepared by the developer/applicant and approved by the Planning Services Division prior to issuance of building permits. Said mitigation monitoring program shall be implemented during project construction through completion. The developer shall provide the City with a quarterly report demonstrating adherence to all mitigation measures. Said person shall provide a report to the City when requested.

5. The project shall comply with the following project design features (PDF) identified in the Mitigated Negative Declaration:

Construction PDFs

PDF-1 Prior to starting construction, the project applicant shall submit a Construction Management Plan to the City of Garden Grove that specifies how all construction design features will be implemented.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

2 PDF-2 The project applicant must follow the standard South Coast Air Quality Management District (SCAQMD) rules (Rule 403) and requirements applicable to fugitive dust control, which include, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 miles per hour (mph).

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site access points within 30
minutes.

4. Any onsite stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.

5. All operations on any unpaved surface shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion
control.

8. Apply nontoxic chemical soil stabilizers according the manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or
more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or provide construction access roads at least 100 feet onto the site from the main road and use gravel
aprons at truck exits.

11. Replace the ground cover of disturbed areas as quickly possible.

PDF-3 All diesel construction equipment should have Tier 4 low emission “clean diesel” engines (OEM or retrofit) that include

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

3 diesel oxidation catalysts and diesel particulate filters that meet the latest California Air Resources Board (CARB) best available control technology.

PDF-4 Construction equipment should be maintained in proper tune.

PDF-5 All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

PDF-6 Minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.

PDF-7 The use of heavy construction equipment and earthmoving activity should be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

PDF-8 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered
equipment or generators, where feasible.

PDF-9 Establish staging areas for the construction equipment that as far from adjacent residential homes, as feasible.

PDF-10 Use haul trucks with on-road engines instead of off-road engines for onsite hauling.

Operational PDFs

PDF-11 The project should comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

PDF-12 Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

PDF-13 The project applic ant must install an eight (8) foot high masonry block noise barrier wall along the western and northwestern property line. The property line wall will be constructed using masonry block and the barrier’s weight must be at least 3.5 pounds per square foot of face area without decorative cutouts or line- of-site openings between the shielded areas and the

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

4 project site. All gaps (except for weep holes) must be filled with grout or caulking to avoid flanking.

PDF-14 All central plant heating, ventilation, and air conditioning (HVAC) equipment, mechanical pumps and pool equipment must be fully enclosed inside the building structure.

PDF-15 The hotel themed pool attraction and outdoor pool deck operation will be open only during daytime hours (7:00 a.m. – 10:00 p.m.).

PDF-16 A minimum eight (8) foot high noise barrier shielding wall should be installed and maintained along all sides of the perimeter of the outdoor patio and pool deck area on level six (6) to shield noise associated with pool activities. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any
combination of the following materials:

• Masonry block

• Stucco veneer over wood framing (or foam core), or 1- inch thick tongue and groove wood of sufficient weight
per square foot; and/or

• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot.

PDF-17 The project should provide one row of vegetation along the north, west, and south sides of the interior pool deck wall on level six (6) by planting evergreen trees/shrubs. A dense vegetation barrier can help provide some sound absorption and visual screening to further help reduce noise levels impacting the adjacent residential homes surrounding the project site .

Vegetation should be at least as high as the wall (8 feet).

PDF-18 Outdoor speakers on the pool deck must be predominantly located and concealed within the landscape. All outdoor speakers must be located not greater than eight (8) feet high above the pool deck and directed inwards towards the pool or lazy river area.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

5 PDF-19 The project access on Twintree Avenue must be restricted to emergency access, maintenance vehicles, trash, and delivery trucks only. All employee and guest access to the project site, including tourist buses and shuttles, must be via Harbor Boulevard.

PDF-20 Delivery, loading/unloading activity, and trash pick-up hours shall be limited to daytime hours (7:00 a.m. – 10:00 p.m.) only, per the requirements of Garden Grove Municipal Code Section

8.47.060(I). Signage should be posted in the designated loading areas reflecting these hour restrictions.

PDF-21 Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

PDF-22 A 4-foot high noise shielding wall must be installed on the perimeter of each floor of the parking structure facing the residential neighborhood to the west, north and south.

PDF-23 The drive aisle surfaces within the parking structure must have a textured finish or treatment that helps minimize tire squeal.

PDF-24 The exterior façade of the parking structure must include louvered or perforated wall paneling to help conceal parking structure activities and reduce noise levels. Paneling should cover the entire upper portions of the parking structure openings of each floor facing the west, north and south.

PDF-25 The project must comply with the California Title 24 Sound Transmissions requirements for exterior walls, roofs, and common separating assemblies (e.g., floor/ceiling assemblies and demising walls).

a. Walls, partitions, and floor-ceiling assemblies separating sleeping units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50, or not less than 45 if field tested.

b. Floor-ceiling assemblies between sleeping units shall have an impact insulation class (IIC) rating of not less than 50, or not less than 45 if field tested.

c. Interior noise levels due to exterior sources shall not exceed a community noise equivalent level (CNEL) or a

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

6 day-night level (LDN) of 45 A-weighted decibel (dBA), in any habitable room.

PDF-26 For proper acoustical performance, the project must utilize standard building practices to ensure all exterior windows, doors, and sliding glass doors have a positive seal and leaks/cracks are kept to a minimum.

6. In order to verify compliance with the applicable project mitigation measures, project design features, development standards, and performance standards, the developer shall submit a full set of construction plans to the Community and Economic Development Department for review prior to plan check submittal. The plans shall include a dimensioned and detailed site plan, a floor plan, elevations, a landscaping plan, and a lighting plan, each of which complies with all the appropriate requirements.

Public Works Engineering Division

The following provisions of the Public Works Engineering Division shall be complied with:

7. The applicant shall receive approval of a subdivision map (Tentative Tract Map) in order to reconfigure the project site prior to submitting any type of construction plans to the City of Garden Grove.

8. The project main entrance shall be aligned with the future hotel development project (Site C) across Harbor Boulevard per approved traffic study. The applicant shall coordinate with the Engineering Division to obtain approved street improvement plans and signal/striping plans. Unless otherwise agreed in writing by the City and approved by the City Council, as recommended in the Site “B2” Hotel Traffic Impact Study prepared for the Project by RK Engineering Group, Inc., dated April 27, 2022 (“Traffic Study”), t he applicant shall make a fair-share contribution to the costs to install a traffic signal at the project main entrance. Provided the Site C project at the northeast corner of Harbor Boulevard and Twintree Lane is developed and the traffic signal installed prior to construction of the subject project, the applicant’s fair share contribution shall be fifty percent (50%) of the total cost to design, purchase, and install the traffic signal, as reasonably determined by the City Engineer. As stated in the Traffic Study, in the event the Site C project does not get developed and the traffic signal has not been installed prior to application of building permits for the subject project, then, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be fully responsible to pay for the entire costs of signal installation, not just a fair share. The applicant’s contribution towards the cost of this traffic signal shall be paid to the City prior to the issuance of building permits.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

7 9. As recommended in the Traffic Study, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall make a fair- share contribution to the costs to install and modify the traffic signal at the intersection of Harbor Boulevard and Twintree Lane. Provided the Site C project at the northeast corner of Harbor Boulevard and Twintree Lane is developed and the traffic signal installed prior to construction of the subject project, the applicant’s fair share contribution shall be fifty percent (50%) of the total cost to design, purchase, and install the traffic signal, as reasonably determined by the City Engineer. As stated in the Traffic Study, in the event the Site C project does not get developed and the modified traffic signal has not been installed prior to application of building permits for the subject project, then, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be fully responsible to pay for the entire costs of modified signal installation, not just a fair share. The applicant’s contribution towards the cost of this traffic signal shall be paid to the City prior to the issuance of building permits.

10. The applicant shall meet and confer and negotiate in good faith with the City to reach an agreement or agreements that address design and installation, limitations, maintenance obligations, and the respective responsibilities of the applicant and the City regarding Project-related improvements that are constructed in or encroach into the public right-of way, including, but not limited to, signal modification or full signal installation at the main entrance on Harbor Boulevard, if necessary, signal modification at the intersection of Harbor Boulevard and Twintree Avenue, if necessary, decorative pavers, landscaping, median improvements, irrigation and other improvements.

Public street improvements shall be protected from water infiltration and migration by impervious barriers where pervious BMP’s are installed. (TGD – INF-3) Such agreements shall be consistent with the provisions of Planned Unit Development No. PUD- 141-01(A), applicable Project conditions of approval, and other agreements entered into by the City regarding the Project.

11. The applicant shall be responsible for maintaining the new landscape and irrigation improvements in the public right- of-way adjacent to the Project boundaries for a period of five (5) years following the issuance of a certificate of occupancy for the Project. All plant materials and irrigation systems installed by the applicant shall be maintained for a period of five consecutive years. All plants that show signs of failure to grow at any time during the life of the 5-Year Landscape Maintenance Period, or those plants so injured or damaged as to render them unsuitable for the purpose intended, as determined by the City Engineer, shall be immediately replaced in kind at the expense of the developer or contractor. The applicant shall prepare and execute an enforceable agreement memorializing the foregoing obligations, in

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

8 a form approved by the City Manager, prior to the issuance of any building permit for the Project.

12. The applicant shall coordinate with the Engineering Division to confirm the ultimate width and location of the right- of-way from the street centerline to the parkway limit and corner cut-off at intersections as required by the City General Plan. If needed, the applicant shall dedicate right-of-way and corner cut-off from the existing right-of-way line fronting the project to the ultimate right-of-way for future ultimate street improvements. Applicant shall record said easement in a format conforming to City policy guidelines under the approval authority of the City Engineer and City Attorney. The applicant shall submit to the Engineering Division an updated title report along with copies of the recorded instruments listed in the title report, as well as reference maps and exhibits used to prepare the legal description. Dedication exhibits shall include closure calculations along with a detailed plat for review and approval of the street dedication exhibits by the City Engineer.

13. All vehicular access drives to the site shall be provided in locations approved by the City Traffic Engineer. (Policies and Procedures – TE-17)

14. Any new drive approaches to the site shall be constructed in accordance with Garden Grove Standard B-120 as they conform to land use and roadway designation.

15. Median Design and Opening Spacing shall be in accordance with City’s Traffic Policy & Procedures TE-11.

16. Raised Median Desi gn shall be in accordance with City’s Traffic Policy & Procedures TE-64 and City’s Standard B-128 and B-132.

17. Turning Template shall be in accordance with City’s Traffic Policy & Procedures TE-14.

18. Driveway Opening Policy shall be in accordance with City’s Traffic Policy & Procedures TE-8.

19. Sight Distance Standards shall be in accordance with City’s Traffic Policy & Procedures TE-13.

20. Median Nose Flare Designs shall be in accordance with City’s Traffic Policy & Procedures TE-36.

21. Private Property Tow Away Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-19.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

9 22. No Parking Fire Lane Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-20.

23. Parking lot layout shall be in accordance with City Standard B-311 & B-312.

24. The applicant shall comply with the following improvements and recommendations of the approved Traffic Study:

a. The applicant shall coordinate with the City of Anaheim to determine if the project is required to make a fair-share contribution to extend the left-turn capacity up to 266 feet of Harbor Boulevard/Orangewood Avenue.

b. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant is responsible for full cost to extend the southbound left-turn capacity up to 169 feet at the intersection of West Street/Chapman Avenue.

c. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the eastbound left-turn capacity up to 105 feet at the intersection of Harbor Boulevard/Lampson Avenue.

d. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the northbound left-turn capacity up to 133 feet at the intersection of Haster Street/Lampson Avenue.

e. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the southbound left-turn capacity up to 381 feet at the intersection of Harbor Boulevard/Trask Avenue.

f. The applicant shall improve the walkability and design of the project by providing pedestrian and bicycling connections within the project site and to adjacent off-site facilities (i.e., sidewalk, crosswalk, wayfinding signage, etc.).

g. The applicant shall provide traffic calming measures (i.e., marked crosswalk, raised crosswalk, raised intersections, count-down signal timers, curb extensions, speed tables, median islands, tight corner radii, roundabouts or mini-circles, on-street parking, planter strips with street trees, chicanes/chokers, etc.).

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

10 h. The applicant shall provide secure on-site bicycle racks and provide bicycle rentals for hotel guests.

i. The applicant shall provide transit/shuttle service for guests to local area attractions. The shuttle service shall operate on a regular basis and be offered to all guests staying at the hotel.

j. Hotel management/concierge shall provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include information on local bus routes and schedules, and wayfinding, to the existing transit stops along Harbor Boulevard.

k. The applicant shall ensure adequate radius is provided for appropriate vehicles (fire trucks, buses, limousines, trash trucks, etc.) to navigate the project access and roundabout.

l. The project shall provide adequate drive aisle and lane widths.

m. Parking spaces should not be located near or within the roundabout. If absolutely necessary, the spaces near the roundabout should be valet- operated and used for long-term parking. In any case, adequate clearance and space should be provided for vehicles navigating the roundabout.

n. The entrance roundabout should be designed appropriately and per engineering standards for roundabouts, including geometric elements such as Center Island, travel lanes, deflections and inscribed circles.

Appropriate design needs to be considered and implemented for all appropriate modes of transportation including pedestrian and bicycles.

o. The applicant shall provide appropriate and adequate wayfinding and signage for drivers to easily navigate the entrance and exit.

p. During times of high activity for the project and/or the adjacent Sheraton Hotel, the applicant shall provide adequate valet staff and means to ensure traffic does not spill back onto the roundabout or Harbor Boulevard and impede the flow of vehicles.

q. Prior to final circulation design, the applicant shall provide detail plans, including drive aisle dimensions and roundabout details, for review b y a registered traffic engineer.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

11 Building and Safety Division Services Division

The following provisions of the Community and Economic Development Building and Safety Division shall be met:

25. The project shall comply with the latest requirements of the California Building Code (CBC), the California Green Building Code, the California Energy Standards, Fire Code, and all California Model Codes.

Orange County Fire Authority (OCFA)

The following provisions of the Orange County Fire Authority be met:

26. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements, including, but not limited to, the High -Rise Building provisions of the California Fire Code, California Bui lding Code, and OCFA Guidelines and Fire Master Plan.

27. Prior to submitting plan s to the City of Garden Grove for plan check review, the applicant shall coordinate with OCFA for review of preliminary plans to ensure that the plans are designed to address all applicable code requirements.

28. An Architect of Record shall be hired for this project. The Architect of Record shall develop detailed preliminary plans that comply with all applicable codes.

29. The preliminary plans shall include a site plan that demonstrates compliance with OCFA Guideline for Fire Master Plans. The fire lane may not go under any portion of the structure and the locations necessary for laddering to the roof deck shall be located 20 to 40 feet from the building. The fire access roadway may not be on the adjacent property unless the owner of that property grants the City of Garden Grove an emergency access easement for the purpose of emergency access to the hotel property.

30. A Fire Protection Engineer (FPE) of Record shall be hired for this project. The FPE shall review the preliminary plans, which will be drawn by the Architect of Record, and shall determine if there are any design problems that may prevent fire life-safety systems from being designed and installed in a code compliant way. The FPE shall also determine the type of smoke-control system that will be most appropriate for this project and confirm that a smoke control system design will be feasible, given the challenges, which are unique to this project.

31. The applicant shall provide a Water Availability Form signed by a representative of the local purveyor to demonstrate if the existing water

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

12 supply meets or exceeds the fire-flow requirement. When the information described above is complete, OCFA will be able to provide traditional project conditions, to replace these preliminary conditions, including a comprehensive list of the plan types that will be required to be submitted to OCFA for this project, and when each plan type must be submitted. A grading permit should not be issued prior to OCFA’s approval of a Fire Master Plan.

Planning Services Division

The following provisions of the Community and Economic Development Planning Services Division shall be met:

32. The operation of the hotel shall comply with the performance standards of Planned Unit Development No. PUD- 141-01(A), the project design features, and mitigation measures adopted for PUD- 141-01(A). This includes complying with all provisions of Alcoholic Beverage Control Act. In addition, this provision also governs the entertainment venues, the ballroom and meeting space, restaurants, and the indoor/outdoor areas. In regard to specific activities within the hotel’s entertainment venues, the ballroom/meeting space, and hotel amenity, and pool deck areas, regardless of the type of event conducted, no event or activity shall at any time be or become a nuisance, disturbance or, or cause complaints for hotel guests or occupants of the surrounding area/properties, or in any way endanger the public health, safety, or welfare.

33. The applicant shall apply for and receive approval of Conditional Use Permits for the sale of alcoholic beverages within the hotel, hotel restaurants, and ballroom/meeting space.

34. The applicant shall prepare a reciprocal access easement agreement, covenant agreement, or similar deed restriction (an “REA”) for review and approval by the Community and Economic Development Director and City Attorney, which provides for reciprocal access between the project site and the adjacent hotel property to the north (12221 Harbor Boulevard). The applicant shall record the REA and provide City with a copy of the recorded REA prior to the issuance of building permits.

35. If any required parking spaces that serve the adjacent hotel development, the Sheraton Hotel at 12221 Harbor Boulevard, are removed to accommodate the proposed project, the applicant shall ensure that the parking spaces are relocated and placed on the adjacent hotel project site to continue to serve the existing hotel. The Community and Economic Development Department shall review and approval the location of all new parking spaces.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

13 36. The vehicular access on Twintree Avenue shall be restricted for emergency access, maintenance vehicle access, and trash and delivery trucks access only. All employees and guests shall access the project site, including tourist buses and shuttles, from the Harbor Boulevard access.

37. The driveways on Harbor Boulevard and Twintree Avenue shall be designed with enhanced concrete treatment. All details of the decorative entry shall be submitted on the required landscape plans for review and approval of the Community and Economic Development Department.

38. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the City's Planning Services Division. Lighting adjacent to residential properties shall be restricted to low decorative type wall-mounted lights, or a ground lighting system. Lighting shall be provided throughout all drive aisles and entrances to the development per City standards for street lighting. Lighting in the common areas shall be directed, positioned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby residences. The applicant shall also submit a site specific light and glare study for review and approval by Community and Economic Development Department prior to issuance of building permit.

39. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust), which includes dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, the use of methanol, natural gas, propane, or butane vehicles instead of gasoline or diesel powered equipment, where feasible, the use of solar or low-emission water heaters, and the use of l ow-sodium parking lot lights, to ensure compliance with Title 24.

40. During construction, if paleontological or archaeological resources are found, all attempts will be made to preserve in place or leave in an undisturbed state in compliance with applicable law. In the event that fossil specimens or cultural resources are encountered on the site during construction and cannot be preserved in place, the applicant shall contact and retain, at applicant’s expense, a qualified paleontologist or archaeologist, as applicable, acceptable to the City to evaluate and determine appropriate treatment for the specimen or resource, and work in the vicinity of the discovery shall halt until appropriate assessment and treatment of the specimen or resource is determined by the paleontologist or archeologist (work can continue elsewhere on the project site). Any mitigation, monitoring, collection, and specimen/resource treatment measures recommended by the paleontologist/archaeologist shall be implemented by the applicant at its own cost.

Exhibit “B” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

14 41. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5 and 3515 of the California Fish and Game Code, which require the protection of active nests of all bird species, prior to the removal of any on-site landscaping, including the removal of existing trees.

42. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning the Project, including, but not limited to, Planned Unit Development No. PUD- 141-01(A), the associated Mitigation Monitoring and Reporting Program for the Project, and/or any land use permit approved by the City to facilitate development of the Project. The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award, which may issue against the City including, but not limited, to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.

RESOLUTION NO. 6045-22

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING SITE PLAN NO. SP- 107-2022 TO REDEVELOP THE SITE B2 PROJECT SITE WITH THE NICKELODEON HOTEL RESORT ON PROPERTIES

LOCATED AT THE NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311 AND 12323/12321 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, ASSESSOR’S PARCEL NOS. 231 -471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, AND 24.

BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on July 7, 2022, does hereby approve Site Plan No.

SP-107-2022 for land located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, Assessor’s Parcel Nos. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, and 24 (collectively, the “ Project”), subject to and contingent upon the effectiveness of a resolution approving Street Vacation No. SV- 002-2022 and an ordinance approving Planned Unit Development No. PUD- 141-01(A) by the Garden Grove City Council.

BE IT FURTHER RESOLVED in the matter of Site Plan No. SP-107-2022, the Planning Commission of the City of Garden Grove does hereby report as follows:

1. The subject case was initiated by Kam Sang Company (the “Applicant”).

2. The applicant is requesting Site Plan approval to authorize the construction of a full-service, high-rise hotel resort with hotel program entertainment, pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities on a 3.72-acre site. The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space at; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements.

3. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations, Tit. 14, Sec. 15000 et. seq., an Initial Study was prepared and it has been determined that the proposed project qualifies for a Mitigated Negative Declaration because the proposed project with incorporation of the proposed mitigation measures cannot, or will not, have a significant effect on

Resolution No. 6045-22 Page 2

the environment. The Mitigated Negative Declaration was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.

Pursuant to Resolution No. 6044-22, adopted July 7, 2022, the Planning Commission recommends that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project.

4. The Project site has a General Plan Land Use designation of International West Mixed Use. A PUD amendment is being processed in conjunction with Site Plan No. SP- 107-2022 to create a sub-area PUD, PUD- 141-01(A), to establish development standards to facilitate the development of the proposed hotel. The Project site is 3.72-acres and is comprised of nineteen (19) parcels, as well as Thackery Drive and a public alley. The project site is currently vacant and unimproved. Thackery Drive and the public alley are proposed to be vacated by the City Council under Street Vacation No.

SV-002-2022 and integrated into the Project site.

5. Existing land use, zoning, and General Plan designations of property in the vicinity of the subject property have been reviewed.

6. Report submitted by City staff was reviewed.

7. Pursuant to a legal notice, a public hearing was held on July 7, 20 22, and all interested persons were given an opportunity to be heard.

8. Concurrently with adoption of this Resolution, on July 7, 2022, the Planning Commission adopted Resolution No. 6044-22 recommending that Garden Grove City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approve Planned Unit Development No. PUD- 141-01(A) to facilitate the development of the proposed hotel resort, and Resolution No. 6046-22 finding and reporting to City Council that Street Vacation No. SV- 002-2022 for the vacation of Thackery Drive, and a public alley, is consistent with the City’s General Plan. The facts and findings set forth in Planning Commission Resolution Nos . 6044-22 and 6046- 22 are hereby incorporated into this Resolution by reference.

9. The Planning Commission gave due and careful consideration to the matter during its meeting of July 7, 2022, and considered all oral and written testimony presented regarding the project, the Initial Study, and the Mitigated Negative Declaration.

BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Sections 9.32.030, are as follows:

Resolution No. 6045-22 Page 3

FACTS:

The Project site consists of 3 .72-acres of land located on the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive. The project is located in the Grove District Anaheim Resort Area, which is the City’s resort tourism area that is developed with hotels, restaurants, and commercial uses.

The project site abuts a Planned Unit Development No. PUD- 141-01 zoned property to the north developed with the Sheraton Hotel; Multiple-Family Residential (R-3) zoned properties to the northwest developed with two-story residential apartments; Single-Family Residential (R-1) zoned properties to the west developed with one-story, single-family homes . To the south, across Twintree Avenue, are R- 1 zoned properties developed with single-family homes, and PUD-1 21-98 zone properties developed with single-family homes and a commercial building. Across Harbor Boulevard to the east are vacant parcels entitled for the Site C hotel resort project, which are zoned PUD-128-12.

The project site is comprised of nineteen (19) parcels, including Thackery Drive and a public alley, which are proposed to be vacated by the City Council under Street Vacation No. SV- 002-2022 and integrated into the development. The General Plan Land Use designation of the Site was changed to International West Mixed Use in 2008 pursuant to City Council Resolution No. 8851- 08. Thirteen of the existing parcels within the Project site are currently zoned PUD- 141-01, which was adopted in 2002 to facilitate the development of two hotels. Six (6) of the existing vacant parcels are still technically designated as zoned R-1; however, this zoning is inconsistent with the International West Mixed Use Land Use Designation, and single-family residential uses could not legally be established on these parcels.

The project site is referred to as the Site B2 Project. The subject properties were acquired by the former Garden Grove Redevelopment Agency and the City of Garden Grove to facilitate the development of a hotel resort. The developer entered into an Exclusive Negotiation Agreement (ENA) with the City of Garden Grove, and the parties are currently negotiating a disposition and development agreement (“DDA”) to facilitate development of the project site with the Nickelodeon Hotel Resort.

The applicant proposes to develop the project site with a Nickelodeon hotel resort.

The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements.

Resolution No. 6045-22 Page 4

Planned Unit Development No. PUD- 141-01(A), which is being processed in conjunction with this request, will establish a sub-area PUD over the entire project site, PUD- 141-01(A), and will establish development standards to facilitate the development of the proposed hotel resort.

FINDINGS AND REASONS:

Site Plan:

1. The Site Plan complies with the spirit and intent of the provisions, conditions and requirements of Title 9 and is consistent with the General Plan.

The Project is located in the City’s Grove District Anaheim Resort Area, which is the City’s entertainment and tourism resort area. The Project site has a General Plan Land Use Designation of the International West Mixed Use, and PUD-141-01(A) to establish development standards to facilitate development of the Project is being processed in conjunction with this Site Plan request.

The International West Mixed Use land use designation is intended to promote resort, entertainment, retail, restaurants, and hotels along Harbor Boulevard. PUD- 141-01(A) will establish development standards for the entire Project site that will facilitate the development of the proposed hotel.

The proposed PUD will establish development standards that will regulate the number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, and environmental mitigation measures. The proposed Project has been designed to comply with the development standards of PUD-141-01(A).

In addition, the proposed Project is consistent with the goals and policies of the General Plan Land Use Element, the Community Design Element, and the Economic Development Element, including:

(a) Policy LU-1.4 to encourage a wide variety of retail and commercial uses, such as restaurant and cultural arts/entertainment, in appropriate locations AND Policy LU-6.2 to encourage a mix of retail and commercial services along major corridors and in centers to meet the community needs.

The proposed Project is located in the City’s resort tourism district, the Grove District Anaheim Resort Area, which encourages restaurants, retail, entertainment and hotel uses along Harbor Boulevard. The proposed Project will introduce a new hotel resort, Nickelodeon Hotel Resort. The proposed hotel resort will feature 500 hotel rooms with themed hotel amenities, including a themed pool deck with a lazy river

Resolution No. 6045-22 Page 5

and a pool slide; a 600-seat theater (Nick studio), and themed entertainment venues (Studio Hall and Nick Arcade). The hotel resort will also include restaurants (food and beverage) and event space (ballroom and meeting space). The proposed Project will expand and enhance the hospitality services currently available in the City’s re sort area by introducing a new hotel resort with unique hotel amenities that will attract local and regional visitors.

(b) Policy LU-1.5 to encourage active and inviting pedestrian-friendly street environments that include a variety of uses within commercial and mixed-use areas.

The proposed Project is located in the City’s resort area, which is developed with hotels, restaurants, and retail uses that are conveniently located within walking distance of one another. The proposed Project will enhance the Ci ty’s resort area and will continue to encourage pedestrian activity and a pedestrian-friendly street environment. The Project will provide landscaping and a decorative public sidewalk pattern that is specific to the resort area. The landscape pattern will liven the streetscape to encourage pedestrian activity within the resort area. The landscape pattern along Harbor Boulevard, including the public right- of-way, will include a double row of palm trees and canopy trees with up-lighting, shrubs, and groun d cover that will create an inviting environment for pedestrians.

(c) Goal LU-4 that seeks to develop uses that are compatible with one another AND Policy LU 4.5 that requires that commercial developments adjoining residential uses be adequately screened and buffered from residential areas.

The proposed Project is located in the City’s resort area, and is developed with hotels, restaurants, and other commercial uses. The project directly abuts the Sheraton Hotel to the north, and directly abuts residential uses to the northwest and west. The proposed Project will be compatible with the existing hotel developments in the resort district. The hotel will offer hotel themed amenities that are unique to the Nickelodeon hotel brand, including a themed pool with a lazy river and a pool slide, a 600-seat theater (Nick Studio), and entertainment venues, including Studio Hall and a Kid’s Lounge. The proposed Project will incorporate specific mitigation measures and project design features to minimize impacts to the adjacent residential uses from noise generated from the hotel, including from the parking structure and the pool deck. Implementation of the mitigation measures and project design features will ensure that the adjacent

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Resolution No. 6045-22 Page 6

residential uses are adequately screened and buffered from the proposed hotel use.

(d) Goal LU-9 Creation of tourism and entertainment-related destination area that will benefit all residents, businesses, and visitors AND Policy LU-9.6 Locate tourist or entertainment related uses with adequate access to freeways or major arterials to encourage both local and regional patronage.

The proposed Project is located in the City’s resort tourism district, the Grove District Anaheim Resort Area, which is a tourist destination that encourages restaurants, retail, entertainment, and hotel uses. The proposed Project will introduce a themed hotel resort that will cater to residents, businesses, and visitors alike. The proposed Project will introduce unique hotel resort amenities that will appeal to residents and the general public. The proposed Project will introduce new employment opportunities to the local community. The proposed Project is located on Harbor Boulevard, which is a major arterial that connects to the State Route (SR) 22 and the I-5 Freeways, and that also connects to other major City arterial streets that intersect with Harbor Boulevard, such as Chapman Avenue, Garden Grove Boulevard, Trask Avenue, and Westminster Avenue. The proposed hotel resort is conveniently accessed by major arterial streets and freeways, which serve to provide convenient access to the project site to local and regional visitors.

(e) Policy CD-7.1 Encourage future development and redevelopment projects to reinforce district scale, identity, and urban form.

The existing hotels located in the Grove District Anaheim Resort vary in design, massing, and building height with each hotel brand incorporating its own unique architectural design. Similarly, the proposed hotel will feature a contemporary architecture design t hat compliments and reflects the Nickelodeon brand. The intent of the project is to create a themed resort environment through enhanced architectural elements that integrate with the intent and vision of the resort district.

(f) Policy ED-1.1 Continue to encourage the development and expansion of hotel facilities in key corridors of the City (i.e., Harbor Boulevard)

The proposed Project will further facilitate the development and expansion of the Grove District Anaheim Resort through the construction of a new, 500-room, themed hotel resort. The proposed Project will develop nineteen (19) existing parcels that are currently

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Resolution No. 6045-22 Page 7

vacant and unimproved, including a public street and alley that will be vacated, with a hotel resort that will offer themed amenities, event space, restaurants, and entertainment. The proposed Project will enhance the City’s resort area and expand the hospitality services available in the area.

2. The Project will not adversely affect essential on-site facilities such as off-street parking, loading and unloading areas, traffic circulation, and points of vehicular and pedestrian access.

The Project will be accessed from an existing vehicular entrance located on Harbor Boulevard that currently serves the Sheraton Hotel. This vehicular entrance will be modified to accommodate the necessary lanes for vehicle ingress and egress. The Harbor Boulevard entrance is designed to align with the proposed main entrance of the future Site C hotel resort, and will be signalized. The proposed Project will continue to be served by an existing right-turn lane (southbound on Harbor Boulevard) and a left-turn lane (northbound Harbor Boulevard) that currently serves the Sheraton Hotel property. The Harbor Boulevard entrance will serve as the main entrance t o the project site for all guests, visitors, and hotel employees. Tourist buses and shuttle buses will also use the Harbor Boulevard entrance for access.

The Project will provide a secondary vehicular entrance on Twintree Avenue that will be restricted for use by emergency vehicles, maintenance vehicles, and for trash and delivery trucks only. Vehicles entering and exiting the site from Twintree Avenue will be limited to left turn-out and right turn-in to minimize traffic impacts to the adjacent residential neighborhood.

The proposed Project will provide an internal vehicular circulation system designed to comply with the City’s minimum drive -aisle standards, that accommodates two-way traffic, and that provides appropriate access for trash trucks and emergency vehicles. The Project includes two (2) roundabouts that will be designed to provide adequate clearance for all vehicles. The proposed Project will provide on-site sidewalks that originate from the public right- of-way that allow for pedestrian access to the Project site.

The parking for the Project will be provided within a five-level parking structure (four levels above-grade and one level below-grade) with a total of 528 parking spaces. A Shared Parking Study was prepared to estimate the parking demand for the Project to ensure that sufficient on-site parking is provided at all times to accommodate the hotel’s uses. A Shared Parking Study is an appropriate analysis to determine the required parking for the Project since the project is a hotel resort with compatible and complimentary land uses that lend themselves to shared parking since patrons will utilize more than one use in the same trip.

Resolution No. 6045-22 Page 8

The Shared Parking Study determined that the peak parking demand for the Project is estimated at 471 parking spaces during the weekday at 8:00 p.m., and 480 parking spaces during the weekend at 9:00 p.m. Therefore, the Project is required to provide a total of 480 parking spaces. The proposed Project will provide a total of 528 parking spaces, which is sufficient to accommodate the proposed peak parking demand of 480 parking spaces.

In addition, a Traffic Study was prepared for the Project that reviewed the Project’s traffic and circulation, and the appropriate mitigation measures and circulation recommendations have been incorporated to minimize impact to off-site and on-site facilities.

The City’s Traffic Engineering Section has review the proposed Project, and the appropriate conditions of approval have been incorporated to minimize any adverse impacts to surrounding streets.

3. The Project will not adversely affect essential public facilities such as streets and alleys, utilities, and drainage channels.

The streets in the area will be adequate to accommodate the development once the developer provides the necessary improvements for the project.

Utilities and drainage channels in the area are existing and are adequate to accommodate the development. The proposed development will provide landscaping and proper grading of the site, thereby, improving drainage in the area.

The City’s Public Works Department has reviewed the proposed project, and all appropriate conditions of approval and mitigation measures have been incorporated to minimize any adverse impacts to surrounding streets.

4. The Project will not adversely impact the Public Works Department's ability to perform its required function.

The proposed Project will not adversely impact the Public Works Department ability to perform its required function. The City’s Public Works Department has reviewed the project, and has incorporated all the appropriate conditions of approval and mitigation measures to minimize any adverse impacts.

5. The Project is compatible with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics.

The Project is located in the City’s Grove District Anaheim Resort, which is designated as a resort destination that encourages hotels, restaurants, and entertainment uses. The resort area is improved with existing hotels, restaurants, and retail uses. The proposed Project will be compatible with

Resolution No. 6045-22 Page 9

the existing hotel developments in the area, and will expand and enhance the hospitality services currently available in the resort district. The building elevations will be designed to reflect the Nickelodeon hotel brand, and will include architectural elements that are unique to the hotel brand. The Project will provide landscaping and a decorative sidewalk pattern that is specific to the resort area intended to create a lively streetscape and an attractive environment. The landscape treatment along Harbor Boulevard will include a double row of palm trees and canopy trees with up-lighting, shrubs, and ground cover. The proposed Project, including the building architecture and landscaping, will be compatible and compliment other hotel developments in the resort area. Therefore, the Project will have a reasonable degree of physical, functional, and visual compatibility with the characteristics of the resort area.

6. Through the planning and design of buildings and building placement, the provision of open space landscaping and other site amenities will attain an attractive environment for the occupants of the property.

The proposed Project will revitalize existing vacant and unimproved properties located in the City’s Grove District Anaheim Resort with a vibrant and attractive hotel resort development. The hotel will feature a contemporary architectural design that will incorporate elements that are unique to the Nickelodeon brand, including enhanced articulation, detailing, and varied building massing. The placement and design of the hotel building allows for appropriate outdoor hotel amenities and landscaping to be accommodated. The hotel will include a pool deck with a lazy river and a pool slide that will enhance the experience of hotel guests. The Project will provide landscaping along Harbor Boulevard and Twintree Avenue that is compatible with the resort area landscape pattern that will create a lively streetscape and an attractive environment for visitors and guests. The landscape treatment along Harbor Boulevard will include a double row of palm trees and canopy trees with up-lighting, shrubs, and ground cover , along with a decorative public sidewalk pattern.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN THE STAFF REPORT

In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report and in Resolution Nos . 6044-22 and 6046-22.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. The Site Plan possess es characteristics that would justify the request in accordance with Municipal Code Sections No. 9.32.030.D.3 (Site Plan).

Resolution No. 6045-22 Page 10

2. In order to fulfill the purpose and intent of the Planned Unit Development No.

PUD-141-01(A) and the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) that shall apply to Site Plan No. SP-107-2022.

3. Approval of this Site Plan shall be contingent upon the adoption and effectiveness of a resolution approving Street Vacation No. SV- 002-2022 and an ordinance approving Planned Unit Development PUD- 141-01(A) by the Garden Grove City Council.

Adopted this 7th day of July 2022

ATTEST: /s/ JOHN RAMIREZ ___
CHAIR
/s/ JUDITH MOORE _____

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, JUDITH MOORE, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Garden Grove, California, at a meeting held on July 7, 2022, by the following vote:

AYES: COMMISSIONERS: (7) ARESTEGUI, CUNNINGHAM, LEHMAN,

LINDSAY, PEREZ, RAMIREZ, SOEFFNER
NOES: COMMISSIONERS: (0) NONE

/s/ JUDITH MOORE

RECORDING SECRETARY

PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).

A decision becomes final if it is not timely appealed to the City Council. Appeal deadline is July 28, 2022.

FINAL
EXHIBIT “A”

Site Plan No. SP-107-2022

12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard

12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive.

CONDITIONS OF APPROVAL

GENERAL CONDITIONS

1. Each owner of the property shall execute, and the applicant shall record against the property, a “ Notice of Discretionary Permit Approval and Agreement with Conditions of Approval ” as prepared by the City Attorney’s Office, on the property. Proof of such recordation is required prior to issuance of building permits.

2. All Conditions of Approval set forth herein shall be binding on and enforceable against each of the following, and whenever used herein, the term “applicant” shall mean and refer to each of the following: the project applicant, Kam Sang Company, the developer of the project, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. All conditions of approval are required to be adhered to for the life of the project, regardless of property ownership. Except as otherwise expressly provided herein, any changes to the Conditions of Approval require approval by the applicable hearing body

3. All conditions of approval shall be implemented at the applic ant’s expense, except where specified in the individual condition.

4. Approval of this Site Plan shall not be construed to mean any waiver of applicable and appropriate zoning and other regulations; and wherein not otherwise specified, all requirements of the City of Garden Grove Municipal Code and Planned Unit Development No. PUD-141-01(A) shall apply.

5. Except as expressly specified herein, Site Plan No. SP- 107-2022 shall be subject to all Performance Standards applicable to Planned Unit Development No. PUD- 141-01(A) (“PUD Performance Standards”), which are hereby incorporated into these Conditions of Approval by this reference. These Conditions of Approval are intended to supplement the PUD Performance Standards. In the event any actual or perceived conflict between any PUD Performance Standard and more specific provisions of these Conditions of Approval, the more specific provisions of these Conditions of Approval shall apply. The City’s Community and Economic Development Director is

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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2 authorized to make interpretations of these Conditions of Approval and to resolve any such actual or perceived conflicts.

6. Minor modifications to the Site Plan and/or these Conditions of Approval, which do not materially change the scope or intensity of the project and which will not result in new significant impacts that have not previously been addressed, may be approved by the Community and Economic Development Director, in his or her discretion. Proposed modifications to the project and/or these Conditions of Approval determined by the Community and Economic Development Director not to be minor in nature shall be subject to approval of new and/or amended land use entitlements by the applicable City hearing body. Any significant changes to setbacks, building heights, or building locations shall require preparation and City approval of a new shade and shadow study.

7. The applicant shall, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning the Project, including, without limitation, Site Plan No. SP- 107-2022 and the associated Mitigation Monitoring and Reporting Program for the Project. The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such defense. The applicant shall pay any adverse financial award, which may issue against the City, including but not limited to any award of attorney fees to a party challenging such Project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.

8. The applicant shall design the Project to comply with all mitigation measures and project design features specified in the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program. In order to verify compliance with all applicable project mitigation measures and design features, these Conditions of Approval, and the PUD Performance Standards, the applicant shall submit plans to the city prior to plan check submittal as described in PUD Performance Standard No. 6.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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3 Public Works Engineering Division

Project Design

9. A geotechnical study prepared by a registered geotechnical engineer is required. The report shall analyze the liquefaction potential of the site and make recommendations. The report shall analyze sub-surface issues related to the past uses of the site, including sub-surface tanks and basement and septic facilities. Any soil or groundwater contamination shall be remediated prior to the issuance of a building permit per the requirements of the Orange County Health Department and the mitigation requirements of governing regulatory requirements. The report shall make recommendations for foundations and pavement structural section design of interior streets and parking spaces. The report shall also test and analyze soil conditions for LID (Low Impact Development) principles and the implementation of water quality for stormwater run-off, including potential infiltration alternatives, soil compaction, saturation, permeability and groundwater levels.

10. Prior to the issuance of any grading or building permits, the applicant shall submit to the City for review and approval a final design Water Quality Management Plan that:

a. Addresses required mitigation Site Design Best Management Practices (BMPs) based upon the latest Santa Ana Regional Water Quality Control Board (SARWQCB) Drainage Area Management Plan (DAMP) as identified in the geotechnical report recommendations and findings , including, but not limited to, infiltration minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas as required by the latest adopted County of Orange Technical Guidance Document (TGD).

b. BMP’s shall be sized per the requirements of the latest Technical Guidance Documents.

c. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP.

d. Incorporates structural and Treatment Control BMPs as defined in the DAMP.

e. Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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4 f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs.

g. Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs.

h. Provides a hydrological analysis with scaled map as well as hydrologic and hydraulic calculations to size storm drains per the Orange County RDMD standards.

11. Parkway culverts shall be designed per City of Garden Grove Standard Plan B-209. Storm drain lateral pipe connections to City-maintained storm drains within City right-of-way shall be RCP with a minimum diameter of 18-inches.

12. Grading and Street improvement plans prepared by a registered Civil Engineer are required. As required under Section 107 of the California Building Code (CBC), the grading plan shall be based on a current survey of the site, including a boundary survey, topography on adjacent properties up to 30’-0” outside the boundary, and designed to preclude cross-lot drainage.

Minimum grades shall be 0.50% for concrete flow lines and 1.25% for asphalt. The grading plan shall also include water and sewer improvements.

The grading plan shall include a coordinated utility plan showing all existing utility facilities, easements and proposed utility facilities. All on-site improvements shall be tied by horizontal dimensional control to the property boundary as established by survey. A minimum uninterrupted 20-foot wide throat access to the site is required from the street for commercial projects and shall meet the requirements of the California Fire Code throughout the site. Vehicle maneuvering, as demonstrated by Auto Turn along private streets and access ways, shall be demonstrated on the grading plan. Street improvement plans shall conform to all format and design requirements of the City Standard Drawings & Specifications.

13. The applicant shall coordinate with Planning Services Division and the Orange County Fire Authority to identify proper emergency vehicle access to the site and shall provide the Engineering Division a copy of the approval letters upon first submittal of the grading and street improvement plans.

14. Prior to the issuance of the street improvement encroachment permit and grading permit, provide subdivision completion bonds for all work constructed under the street improvements and grading permit for review and approval by the City Engineer, City Attorney, and City Finance Department (Risk Management). Alternate forms of security may be considered, solely at the discretion of the City Engineer and with the concurrence of the City Attorney and City Finance Department (Risk Management)

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
5 15. Prior to issuance of a grading permit, the applicant shall design overhead street lighting within the frontage of the development in conformance with City specifications and the approval of th e City’s Lighting Administrator.

Location of lighting poles shall be shown on all the improvement plans and grading plan.

16. The grading plan shall depict an accessibility route for the ADA pathway in conformance with the requirements of the Department of Justice standards, latest edition and section 1110A of the California Building Code.

17. All trash container areas shall meet the following requirements per City of Garden Grove Standard B-502 and State mandated commercial organic recycling laws, including AB 1826 and its implementing regulations, and any other applicable State recycling laws related to refuse, recyclables, and/or organics, i.e., AB 939, AB 341, SB 1383:
a. Paved with an impervious surface, designed not to allow run- on mixing of drainage from adjoining areas, designed to divert drainage from adjoining roofs and pavements to be directed around the area for trash roll-out, and screened or walled to prevent off-site transport of trash by water or wind.
b. Provide solid roof or awning to prevent direct precipitation into the enclosure.
c. Connection of trash area drains to the municipal storm drain system is prohibited. Drainage from the enclosure may be directed to a conforming grease or contaminant interceptor.
d. Potential conflicts with fire code access requirements and garbage pickup routing for access activities shall be considered in implementation of design and source control. See CASQA Storm Water Handbook Section 3.2.9 and BMP Fact Sheet SD-32 for additional information
e. The trash enclosure and containers shall be located to allow pick-up and maneuvering, including turnarounds, in the area of enclosures, and concrete aprons for roll-out areas.
f. Pursuant to state mandated commercial organic recycling law-AB 1826, the applicant is required to coordinate storage and removal of the organics waste with local recycling/trash company.
g. Pursuant to applicable state mandated laws, the applicant is required to contact and coordinate with the operations manager of the local

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
6 recycling/trash company (Republic Services, 8 00-700-8610) to ensure the trash enclosure includes the appropriate size and number of containers for the disposal of items such as, but may not limited to, municipal solid waste (MSW), recyclables, and organic green waste. h. Based on the amount of waste disposed, per week, the applicant shall coordinate with the local recycling/trash company to ensure the adequate frequency of trash pick-up is serviced to the site for municipal solid waste (MSW), recyclables, and organic green waste, including any other type of waste.
i. The applicant shall ensure large bulk items, intended for coordinated and scheduled pick-up by the local recycling/trash company, are not placed in areas that encroach into drive aisles, parking spaces, pedestrian pathways, or areas in the front of the property including areas public right- of-way (e.g., street, sidewalk), during and after construction. Any large bulk items shall be out of public vantage points.
j. The requirements for the trash enclosure and design criteria are bound and coordinated with the Water Quality Management Plan (WQMP), when required, as depicted on the project grading plan, which shall be incorporated into the WQMP by narrative description, exhibits and an Operation and Maintenance Plan (O&M).
k. Trash enclosure areas shall be of appropriate size and number in order to accommodate three (3) separate recycling containers according to the recycling regulations of AB 939, AB 341, AB 1826, and SB 1383.

18. Any new or required block walls and/or retaining walls shall be shown on the grading plans, both in plan-view and cross sections. Cross sections shall show vertical and horizontal relations of improvements (existing and proposed) on both sides of property lines. Required wall heights shall be measured vertically from the highest adjacent finished grade. Block walls shall be designed in accordance to City of Garden Grove Standard B- 504, B-505, B-506 & B-508 or designed by a professional registered engineer. In addition, the following shall apply:

a. The color and material of all proposed block walls, columns, and wrought iron fencing shall be approved by the Planning Services Division prior to installation.

b. Openings for drainage through walls shall be shown in section details and approved by the City Engineer. Cross-lot drainage is not allowed.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
7 19. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Harbor Boulevard frontage improvements as identified below.

Unless otherwise agreed in writing by the City and approved by the City Council, consistent with the provisions, performance standards, and limitations of Planned Unit Development No. PUD- 141-01(A), all landscape, irrigation, sidewalk, signal modifications and lighting improvements installed within the public rights-of-way shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division.

a. A separate street improvement plan shall be prepared and submitte d to the Engineering Division for the proposed improvements within the public right- of-way Harbor Boulevard/Twintree Avenue, which shall include any proposed landscaping and irrigation plans. All work shall be per City standards and specifications.

b. Existing substandard driveways (2 total) on Harbor Boulevard shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.

c. Construct curb and gutter when replacing any existing driveway approaches along the property frontage on Harbor Boulevard in accordance with City Standard Plan B-113 (Type C-8 Modified).

d. The applicant shall coordinate with Public Works Engineering Division to obtain direction on removal and replacement of any existing median or construction of new median improvements per City of Garden Grove Standard B-112 (Type A-8). The applicant shall design and construct median improvements consisting of a landscape/irrigation system fronting the project and completed to match existing median landscaping/irrigation to the other existing medians on Harbor Boulevard. The landscaping template will be provided to the applicant by Engineering Division.

e. Prior to occupancy, the applicant shall design and construct or modify existing raised island improvements at the main entrance on Harbor Boulevard to improve on site traffic circulation to be approved by the City Traffic Engineer.

f. Any further deviation from the approved traffic circles at the main entrance and in front of hotel lobby shall be approved by the City Traffic Engineer.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
8 g. The new modified driveway approach to the site on Harbor Boulevard shall be constructed in accordance with Garden Grove Standard B-120.

h. The applicant shall remove the existing sidewalk panels fronting the project on Harbor Boulevard and replace it decorative Alicante patterned sidewalk per City Standard Plan B-137 consistent with the existing sidewalk in the Harbor resort area, in a manner meeting the approval of the City Engineer. Said sidewalk shall be separated from the street curb by a five-foot landscaped area designed in a manner consistent with the existing landscaping within the resort area meeting the approval of the Planning Services Division Manager.

i. The applicant shall remove and replace the street pavement from the edge of the westerly gutter fronting the property on Harbor Boulevard to the edge of the existing median per City Standard B-101.

j. The new landscaping in the Harbor Boulevard public right- of-way shall be consistent with the existing landscape pattern of the resort to the north of the project site, and as approved by Planning Services Division.

k. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.

l. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within public right-of-way and proposed landscape area.

m. Street signs shall be installed as required and approved by the City Traffic Engineer.

n. In addition to payment of fair share costs required pursuant to the Planned Unit Development Performance Standards, in the event the traffic signal at the main entrance to the Project has already been installed and modifications to the approved plans necessitate modifications to the installed traffic signal, the applicant shall be fully responsible to pay for the entire cost to design, purchase, and construct such modifications to the traffic signa l, as reasonably determined by the City Engineer.

20. The applicant shall remove any existing substandard driveway approaches , curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Twintree Avenue frontage improvements as identified below.

All landscape, irrigation, sidewalk , signal modifications or full signal

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
9 installation, if necessary, and lighting improvements installed within the public rights-of-way, shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division.

a. A separate street improvement plan shall be prepared and submitted to the Engineering Division for the proposed improvements within the public right- of-way on Twintree Avenue, which sha ll include any proposed landscaping and irrigation plans. All work shall be per City standards and specifications.

b. Existing substandard driveways (3 total) on Twintree Avenue shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.

c. The single new driveway approach to the site on Twintree Avenue shall be constructed in accordance with Garden Grove Standard B- 121.

Standard B-121 call for a minimum width of 30-feet for commercial projects, with any deviation from the standard to be approved by the City Traffic Engineer and detailed on the plan showing all modifications.

d. The new driveway approach on Twintree Avenue shall be limited to left turn-out and right turn-in only access. The drive approach shall be designated in a manner to allow emergency vehicle access.

e. The applicant shall remove all existing damaged sidewalk panels fronting the project on Twintree Avenue and replace it with new sidewalk panels in accordance with City of Garden Grove Stand ard B-106. The owner/contractor shall verify the removal and replacement sections of the sidewalk concrete panels with public works inspector prior to start of construction. Said sidewalk shall be separated from the street curb by a six-foot landscaped area designated in a manner meeting the approval of the Planning Services Division.

f. The applicant shall construct curb and gutter when replacing any existing driveway approach along the property frontage on Twintree Avenue in accordance with City Standard Plan B-114 (Type D-6).

g. One new wheelchair ramp and landing shall be constructed per latest Caltrans Standard Plan A88A at the northwest corner of Harbor Boulevard and Twintree Avenue.

h. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
10 i. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within public right-of-way and proposed landscape area.

j. Street signs shall be installed as required and approved by the City Traffic Engineer.

21. The width of all private streets with rolled curb & gutter shall be measured from the flowline to flowline of the gutter per City of Garden Grove Standard B-116. Catch basin and parkway drain standards shall be modified to match the design geometrics of rolled curb as required and approved by the City Engineer.

22. A minimum three-foot- by-three-foot-wide maneuvering area shall be provided at the end of a dead-end parking aisle serving more than fine (5) consecutive stall and shall consist of nine-foot- by-nineteen-foot-wide turnaround space.

Permit Issuance

23. The applicant shall be subject to Traffic Mitigation Fees, In-Lieu Park Fees Drainage Facilities Fees, Water Assessment Fees, and other applicable mitigation fees identified in Chapter 9.44 of the Garden Grove Municipal Code, along with all other applicable fees duly adopted by the City. The amount of said fees shall be calculated based on the City’s current fee schedule at the time of permit issuance.

24. A separate street permit is required for work performed within the public right-of-way.

25. Grading fees shall be calculated based on the current fee schedule at the time of permit issuance.

26. The applicant shall identify a temporary parking site(s) for construction crew and construction trailers office staff prior to issuance of a grading permit. No construction parking is allowed on local streets. Construction vehicles should be parked off traveled roadways in a designated parking area. Parking areas, whether on-site or off-site, shall be included and covered by the erosion control and the Storm Water Pollution Prevention plan (SWPPP).

27. Prior to issuance of a grading permit, the applicant shall submit and obtain approval of a worksite traffic control plan for all the proposed improvements within public right-of-way, and shall be subject to the review and approval of the City Traffic Engineer.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
11 28. In accordance to City of Garden Grove Municipal Code (Chapter 9.48.030), the applicant is required to underground all existing and proposed on-site and off-site utility facilities fronting the project which the developer is developing or redeveloping. All existing improvements and utilities shall be shown as part of the grading submittal package in the topography section.

29. Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of one acre or more of land, the applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. The assigned WDID number must appear on the cover sheet of the project grading plan.

Project Construction/Operation

30. The applicant shall coordinate with City’s Public Works Department (Engineering, Water Services and Streets Division) and set-up appointments for pre-construction inspections for all the on-site and off-site improvements prior to commencement of grading operation and mobilization.

31. In accordance with the Orange County Storm Water Program manual, the applicant and/or its contractors shall provide dumpsters on-site during construction unless an Encroachment Permit is obtained for placement in street.

32. The applicant and its contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties (centerline and corner) and benchmarks located within the limits of the project. If any of the above require removal; relocation or resetting, the Contractor shall, prior to any construction work, and under the supervision of a California licensed Land Surveyor, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and bench marks disturbed during construction shall be reset per Orange County Surveyor Standards after construction. Applicant and its contractor shall also re-set the tie monuments where curb or curb ramps are removed and replaced or new ramps are installed. The Applicant and its contractor shall be liable for, at his expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks or any such horizontal and vertical controls. Temporary Benchmarks shall not be used for

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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12 Vertical control. Benchmarks shall be to the National Geodetic Vertical Datum (NGVD).

33. Heavy construction truck traffic and hauling trips, and any required lane closures shall occur outside peak travel periods. Peak travel periods are considered to be from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.

34. Prior to grading or building permit closeout and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall:

a. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.

b. Demonstrate that the applicant is prepared to implement and maintain all non-structural BMPs described in the Project WQMP.

c. Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site.

d. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.

e. Identify responsible contractor and individuals for maintaining the new landscape and irrigation improvements for a period of five (5) years following the acceptance of the improvements by the City.

Building and Safety Division Services Division

35. All plans shall conform to the latest California (CA) Building Standards Code (CBC) at time of permit application.

36. The building shall be equipped with an automatic fire sprinkler system per CBC Chapter 9 and CA Fire Code.

37. A soil report complying with CBC Chapter 18 shall be required and shall be submitted for review at time of building permit application.

38. A Geo-technical peer review of the soil report shall be required, and shall be complete prior to building permit application.

39. Building commissioning shall be required per CA Energy Standards.

40. Exterior path-of-travels and interior accessible routes shall comply with CBC Chapter 11B.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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13 41. All rooms/spaces/elements shall be on an accessible routed per CBC Chapter 11B.

42. Fire rated construction shall comply with CBC Chapter 7.

43. The project shall comply with the CA Green Code.

Public Works Water Services Division

44. New water service installations 2-inch and smaller, shall be installed by the City of Garden Grove at owner’s/developer’s expense. Installation shall be scheduled upon payment of applicable fees, unless otherwise noted. Fire services and larger water services 3-inch and larger, shall be installed by developer/owner’s contractor per City Standards.

45. Water meters shall be located within the City right-of-way or within dedicated waterline easement. Fire services and large water services 3-inch and larger, shall be installed by contractor with Class A or C-34 license, per City water standards and be inspected by approved Public Works inspection.

46. Domestic water and fire water shall tie into the existing 12-inch water main on Harbor Blvd.

47. If a looped water system is proposed, each point of connection to the City water main shall have a backflow prevention device per City standards.

48. Existing 6-inch water main and water services located in Thackery Drive shall be removed and 6" x 6" tee connectio n in the intersection of Thackery Drive and Twintree Avenue shall be abandoned per City Standards and Specifications.

49. A Reduced Pressure Principle Device (RPPD) backflow prevention device shall be installed for meter protection. The landscape system shall also have RPPD device. Any carbonation dispensing equipment shall have a RPPD device.

Installation shall be per City Standards and shall be tested by a certified backflow device tester immediately after installation. Cross-connection inspector shall be notified for inspection after the installation is completed.

Owner shall have RPPD device tested once a year thereafter by a certified backflow device tester and the test results to be submitted to Public Works, Water Services Division. Property owner must open a water account upon installation of RPPD device.

50. It shall be the responsibility of owner/developer to abandon any existing private water well(s) per Orange County Health Department requirements.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

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14 Abandonment(s) shall be inspected by Orange County Health Department inspector after permits have been obtained.

51. A composite utility site plan shall be part of the water plan approval.

52. Water system on-site, not protected by backflow prevention device, shall be constructed per City Standards by developer and dedicated to the City.

Bonding will be required.

53. There shall be a minimum 15-foot clearance of building footings from water main. Clearances less than 15 feet shall be reviewed and approved by Water Engineering.

54. There shall be no structures or utilities built, on or crossing, water or sewer main easements.

55. New utilities shall have a minimum 5-foot horizontal and a minimum 1-foot vertical clearance from water main and appurtenances.

56. There shall be a minimum clearance from sewer main and wat er main of 10 feet from outside-of-pipe to outside-of-pipe.

57. Any new or existing water valve located within new concrete driveway or sidewalk construction shall be reconstructed per City Standard B-753.

58. Any fire service and private fire hydrant lateral shall have above-groun d backflow device with a double-check valve assembly. Device shall be tested immediately after installation and once a year thereafter by a certified backflow device tester and the results to be submitted to Public Works, Water Services Division. Device shall be on private property and is the responsibility of the property owner. The above-ground assembly shall be screened from public view as required by the Planning Division.

59. No permanent structures, trees or deep-rooted plants shall be placed over sewer main or water main.

60. Location and number of fire hydrants shall be as required by Water Services Division and the Orange County Fire Authority.

61. Commercial food use of any type shall require the installation of an approved grease interceptor prior to obtaining a business license. Plumbing plan for grease interceptor shall be routed to environmental services for review.

62. A properly-sized grease interceptor shall be installed on the sewer lateral and maintained by the property owner. There shall be a separate sanitary waste line that will connect to the sewer lateral downstream of the grease

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
15 interceptor. All other waste lines shall be drained through the grease interceptor. Grease interceptor shall be located outside of the building an d accessible for routine maintenance. Owner shall maintain comprehensive grease interceptor maintenance records and shall make them available to the City of Garden Grove upon demand.

63. Food grinders (garbage disposal devices) are prohibited per Ordinance 6 of the Garden Grove Sanitary District Code of Regulations. Existing units are to be removed.

64. Owner shall install new sewer lateral with clean-out at right- of-way line.

Lateral shall tie in to the 18-inch sewer main on Harbor Boulevard. Lateral in public right-of-way shall be 6-inch minimum diameter, extra strength VCP with wedgelock joints, and shall have a minimum 2% slope or minimum 2 ft/s (feet/second) velocity.

65. Existing 8-inch sewer mains and laterals on Thackery Drive and public alley shall be removed, and the connections to manholes on Twintree Avenue shall be plugged per City Standards and Specifications.

66. All perpendicular crossings of the sewer shall maintain a vertical separation of minimum 12-inch below the water main, outer-diameter to outer-diameter.

All exceptions to the above require a variance from the State Water Resources Control Board.

Planning Services Division

67. The applicant shall submit detailed plans, showing the proposed location of utilities and mechanical equipment to the Community and Economic Development Department, Planning Services Division for review and approval prior to submitting plans into the Building and Safety Division Plan Check process. The project shall also be subject to the following:

a. All on-site and off-site utilities (off-site refers to the areas within public right-of-way to the center line of the streets adjacent to the subject property), within the perimeter of the site and to the centerline of the adjacent streets shall be installed or relocated underground.

b. Above-ground utility equipment (e.g., electrical, gas, telephone, cable TV) shall not be located in the street setbacks along Harbor Boulevard and Twintree Avenue, and shall be screened to the satisfaction of the Community and Economic Development Department.

c. No roof-mounted mechanical equipment, including but not limited to dish antennas, shall be permitted unless a method of screening

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
16 complementary to the architecture of the building is approved by the Community and Economic Development Department prior to the issuance of building permits. Said screening shall block visibility of any roof-mounted mechanical equipment from view of public streets and surrounding properties.

d. All ground- or wall-mounted mechanical equipment shall be screened from view from any place on, or off, the site.

e. No exterior piping, plumbing, or mechanical ductwork shall be permitted on any exterior façade and/or be visible from any public right-of-way or adjoining property. Roof rain gutters are permitted.

The rain gutters shall follow the natural architectural lines of the building.

68. All landscaping shall be consistent with the landscape requirements within the development standards set forth in Planned Unit Development No.

PUD-141-01(A). The applicant shall submit a complete and detailed landscaping plan with irrigation systems included for review and approval by the Community and Economic Development Department prior to the issuance of a building permit. Drought tolerant plantings are encouraged. The landscape plan shall include the type (both common and botanical names), size, location, and quantity of all proposed plant material. All proposed landscaping shall be planted prior to the finalization of the building permit.

The plan shall be consistent with the landscape requirements set forth and/or incorporated in the Garden Grove Municipal Code. All landscape irrigation shall comply with the City’s Landscape Ordinance, associated Water Efficiency Guidelines and all recent applicable revisions from the State of California on water conservation measures shall be to the landscape plans. The landscape plan is also subject to the following:

a. A complete, permanent, automatic remote control irrigation system shall be provided for all landscaping areas shown on the plan.

Subsurface systems are encouraged. The irrigation plan for any new trees shall have a deep-water irrigation system that shall be specified on the landscape plan. A detail of the deep-water irrigation system shall be provided for review. If sprinklers are used, they shall be low flow/precipitation sprinkler heads for water conservation.

b. The plan shall provide a mixture of a minimum of ten percent (10%) of the trees at 48-inch box, ten percent (10%) of the trees at 36-inch box, fifteen percent (15%) of the trees at 24-inch box, and sixty percent (60%) of the trees at 15-gallon, the remaining five percent (5%) may be of any size. These trees shall be incorporated into the

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
17 landscaped frontages of all streets. Where clinging vines are considered for covering walls, drought tolerant vines shall be used.

c. Clinging vines shall be installed within the landscape planters along the perimeter block walls to deter graffiti.

d. Trees planted within ten (10) feet of any public right- of-way shall be planted in a root barrier shield. All landscaping along street frontages adjacent to driveways shall be of the low-height variety to ensure safe sight clearance.

e. Landscaping along Harbor Boulevard, including within the public-of-way, shall include two rows of Date Palm Trees (minimum brown trunk height of 25 feet), canopy trees (minimum 24-inch box), shrubs, and ground covers. Landscape materials shall match the landscape materials used within the project located at the southwest corner of Harbor Boulevard and Chapman Avenue unless the City adopts a landscape design for Harbor Boulevard. The Community and Economic Development Director may approve minor modifications to the foregoing standards as to height, size, and placement of the palm trees along Harbor Boulevard.

f. Landscaping along Twintree Avenue, including within the public right-of-way shall include canopy trees (minimum 24-inch box), shrubs, and ground covers. Landscape materials shall match the landscape materials used along the Harbor Boulevard, and shall be properly maintained.

g. Flexibility to the height of the palm trees, and their placement along Harbor Boulevard, shall be reviewed and approved by the Community and Economic Development Director.

h. All landscape areas, including the areas located within the public right-of-way along Harbor Boulevard and Twintree Avenue, are the responsibility of the developer/operator of the hotel.

i. The landscape plan shall incorporate and maintain for the life of the project those means and methods to address water run-off also identified as Low Impact Development provisions, in accordance with Chapter 6.40 of the Garden Grove Municipal Code, and the regulations and technical documents incorporated and required thereunder, including, but not limited to any application of Water Quality Management Plans (WQMP), Drainage Area Management Plans (DAMP) and any other water conservation measures applicable to this type of development.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
18 j. At the time of irrigation installation, the irrigation system shall comply with all applicable provisions of the C ity’s Water Conservation Ordinance, the City’s Municipal Code landscape provisions, and all applicable state regulations.

k. All above-ground utilities (e.g. water backflow devices, electrical transformers, irrigation equipment) shall be shown on the landscaping plan in order to ensure proper landscape screening will be provided.

69. Hours and days of construction and grading shall be as set forth in Chapter

8.47 of the City of Garden Grove Municipal Code, except as follows:

a. Monday through Saturday - not before 7:00 a.m. and not after 8:00 p.m. (of the same day).

b. Sunday and Federal Holidays - may work same hours, but subject to noise restrictions as established in Chapter 8.47 of the Municipal Code.

70. There shall be no deliveries from or to the premises before 7:00 a.m. and after 10:00 p.m., seven days a week. Signage shall be posted in the designed loading areas reflecting these delivery hours.

71. The parking structure shall be designed to be architecturally compatible with the hotel’s architectural design and shall integrate similar design features, details, and materials. The louvered or perforated wall paneling required as part of the project design feature shall be architecturally compatible and integrated with the design of the hotel building. All sides of a parking structure that are in view from adjacent properties and the public rights-of-way shall be architecturally enhanced. The parking structure shall be well illuminated, including having the interior of the parking garage painted a light color, and designed to meet City parking standards for drive- aisle width, stall sizes, and height clearances. The design of the parking structure stairwells shall architecturally match the design of the parking structure, and shall be designed to reduce visibility to the adjacent residential properties.

72. A minimum of 480 parking spaces are required to serve the Project at the full permitted build-out based on the proposed number of hotel rooms and proposed square footages of uses analyzed in the Shared Parking Study. In the event the applicant proposes to modify the number of hotel rooms or the square footages of the other proposed uses beyond those analyzed in the Shared Parking Study, or the applicant proposes to reduce the number of required parking spaces, a new shared parking analysis shall be prepared and approved by the City. The applicant shall implement the recommendations of

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
19 the Shared Parking Study and/or any subsequent shared parking analysis approved by the City.

73. The service and sale of alcoholic beverages within the hotel, hotel restaurants, and hotel ballroom/meeting rooms shall be subject to approval of a Conditional Use Permit.

74. Any new or required block walls and/or retaining wall(s) shall be shown on the grading plans. Block walls shall be developed to City Standards or designed by a Registered Engineer and shall be measured from on-site finished grade. The applicant shall provide the following:

a. All block walls constructed on the project site shall be of slump stone or split-face block with decorative caps, subject to Community and Economic Development Department’s approval, shall maintain a maximum height of 8- feet as measured from the property’s finished grade.

b. An eight-foot high block wall shall be constructed along the northwest and western property lines, adjacent to the residential properties. The block wall located adjacent to the Twintree Avenue driveway entrance shall comply with the vehicular line-of-sight clearances designed to the satisfaction of the City’s Traffic Engineer.

c. Any new block walls constructed along the Twintree Avenue property line (southern property line) shall maintain a five-foot setback from the property line.

d. At no time shall a wall be placed within nine-feet from the property line.

e. The applicant shall work with adjacent property owners in designing and constructing the required perimeter block wall to avoid having double walls, and to minimize any impact that it might cause to the existing landscaping on the neighbor’s side as much as possible. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the applicant cannot obtain approval from the adjacent property owners, the applicant shall construct the new wall with a decorative cap to be placed between the new and existing walls. In the event the location of a new wall adjacent to an existing wall or fence has the potential to affect the landscape planter, then the Developer shall work with City Staff to address this situation.

f. The Community and Economic Development Director may authorize minor modifications to the required wall heights and setbacks set forth

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
20 above as authorized pursuant to the Ordinance approving Planned Unit Development No. PUD-141-01(A). Notwithstanding the foregoing, with exception of the block wall on the westerly or northwesterly property line shall comply with all standards required as by mitigation measures pursuant to the mitigated negative declaration and identified in the mitigation monitoring program.

75. Building color and material samples shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits. All buildings shall incorporate decorative design features, architectural enhancements, and other design elements that are designed to the satisfaction of the Community and Economic Development Department.

76. The developer shall comply with all provisions of the Community and Economic Development Department including, but not limited to, the following:

a. The facades of the hotel shall be designed with sound attenuation features including the use of dual pane windows and limiting, when possible, the use of windows and vents. These features shall be approved by the Community and Economic Development Department prior to the issuance of building permits.

b. Prior to the finalization of working drawings, the developer shall submit to the Community and Economic Development Department detailed and dimensioned plot plans, floor plans, exterior elevations, and landscape plans which reflect the above conditions of approval , including mitigation measures and project design features of the Mitigated Negative Declaration of PUD- 141-01(A). The plans shall indicate cross sections of all streets within the development, landscape materials, wall materials, and building materials proposed for the project. Each unit shall have phone jacks and cable-TV outlets in all hotel rooms. Mechanical equipment, including air conditioning units, pool equipment, sump pump, etc., shall not be located closer than five feet of any side or rear property line and shall not be located in the front landscape setback. Air conditioning units and all other mechanical shall be completely screened from public view from the street and/or common open space area.

c. Should the developer elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community and Economic Development Department prior to issuance of building permits. The phasing plan shall include, but not be limited to, a site plan showing the phasing areas, protection of finished units, and protection for related safety issues concerning pedestrians and non-construction vehicles. The perimeter improvements including

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
21 landscaping, walls, street improvements, and underground utilities, shall be completed in the first phase. The phasing plan shall be approved by the Community and Economic Development, OCFA, and Public Works Departments prior to issuance of building permits.

d. If at any time after the construction of the hotels, the City receives complaints about the light and glare reflected by the hotel’s windows, the developer/operator shall remedy the situation to the reasonable satisfaction of the Community and Economic Development
Department.

77. The project shall comply with the following refuse storage requirements:

a. The refuse storage and collection areas shall be provided and subject to both Garden Grove Sanitation District (GGSD), and GGSD contracted solid waste handler/hauler approval, and be subject to applicable building and fire codes.

b. The refuse storage and collection areas shall be designed to comply with the City’s B -502 trash enclosure standard, or with an alternative design approved by the Public Works Engineering Division.

c. The refuse storage areas shall be properly maintained. The refuse storage enclosure doors shall be kept closed and secured, except during trash disposal or pickup. Trash pickups and automated parking lot cleaning/sweeping, shall occur between the hours of 8:00 a.m. and 6:00 p.m. The applicant shall provide sufficient trash bins and pick- ups to accommodate the site.

d. The refuse storage area shall have a unifying color and exterior finish that matches, and are integrated, with the proposed development.

The proposed roof design of the trash enclosure shall be architecturally compatible with the design of the development. The Planning Services Division shall review and approve the design of the proposed roof and the material(s). The proposed roof and materials shall also comply with the building code requirements.

78. No satellite dish antennas shall be installed on said premises unless and until plans have been submitted to and approved by the Community and Economic Development Department, Planning Services Division, which may require proper screening to hide such appurtenances from public view.

Exhibit “A” Page
Site Plan No. SP-107-2022
Conditions of Approval

FINAL
22 79. All service doors shall be kept closed at all times during hours of operation except in case of emergency or to permit deliveries. Panic hardware on doors shall comply with all City Code requirements.

80. Litter shall be removed daily from the project site including adjacent public sidewalks and all parking areas under the control of the applicant. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.

81. The applicant shall abate all graffiti vandalism within the premises. The applicant shall implement best management practices to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, timely removal of all graffiti, the use of graffiti resistant coatings and surfaces, the installation of vegetation screening of frequent graffiti sites, and the installation of signage, lighting, and/or security cameras, as necessary. Graffiti shall be removed/eliminated by the applicant as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.

82. The developer/owner shall submit signed letters acknowledging receipt of the decision for Site Plan No. SP- 107-2022, and their agreement with all conditions of approval.

83. In accordance with Garden Grove Municipal Code Sections 9.32.160 and

9.40.070.A, respectively, the rights granted pursuant to Site Plan No.

SP-107-2022 shall be valid for a period of two years from the effective date of this approval. Unless a time extension is granted pursuant to Section

9.32.030.D.9 of the Municipal Code, the rights conferred by Site Plan No.

SP-107-2022 shall become null and void if the subject development and construction necessary and incidental thereto is not commenced within one (1) years of the expiration of the appeal period and thereafter diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to Site Plan No. SP- 107-2022 shall expire if the building permits for the project expire.

MINUTE EXCERPT

GARDEN GROVE PLANNING COMMISSION

PUBLIC HEARING – MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM/ PLANNED UNIT DEVELOPMENT NO.

PUD-141-01(A), AND SITE PLAN NO. SP- 107-2022 FOR PROPERTY LOCATED ON

THE NORTHWEST CORNER OF TWINTREE AVENUE AND HARBOR BOULEVARD, EAST OF TAMERLANE DRIVE, COMPRISED OF THE FOLLOWING ADDRESSES – HARBOR BOULEVARD: 12241, 12261, 12271, 12291, 12311, 12323/12321; THACKERY DRIVE: 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, 12321. ASSESSOR PARCEL NUMBERS: 231- 471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24.

Applicant: KAM SANG COMPANY
Date: July 7, 2022

Request: The applicant is requesting approval to develop a 3.72 -acre site with the Nickelodeon Hotel Resort. The Planning Commission will consider the following: (i) a recommendation that the City Council approve an amendment to Planned Unit Development No. PUD -141-01 to create a new sub-area, PUD-141-01(A), to facilitate the development of a full - service, high-rise hotel resort with hotel program entertainment, a pool deck, ballroom/meeting space, and food and beverage (restaurant) opportunities; and (ii) contingent approval of Site Plan No.

SP-107-2022 to authorize the construction of the proposed hotel resort. The proposed project will consist of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600- seat theater; 17,715 square feet of
ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five -level parking structure with 528 parking spaces; and related site improvements.

Action: Resolution Nos. 6044-22 (PUD) and 6045-22 (SP) were approved. Other than the applicant, four representatives from the Carpenters Union spoke in favor of the project citing the ability to live and work in the same area. One representative from Unite Here Local 11 submitted a
letter and spoke in opposition to the project stating a residential project would better suit the community and have less of a carbon footprint. Also, one person noted that hotel TOT tax revenue would benefit the City and the carbon footprint would be less by using local workers.

Minute Excerpt – July 7, 2022 Page 2 of 2
PUD-141-01(A) and SP-107-2022
Several letters were submitted with environmental
comments related to CEQA. Amendments included:

For Site Plan No. SP- 107-2022, a new sub- condition “n.” was added to Condition of Approval No. 19 to read:

n. In addition to payment of fair share costs required pursuant to the Planned Unit Development
Performance Standards, in the event the traffic
signal at the main entrance to the Project has
already been installed and modifica tions to the
approved plans necessitate modifications to the
installed traffic signal, the applicant shall be fully
responsible to pay for the entire cost to design,
purchase, and construct such modifications to the
traffic signal, as reasonably determined by the City
Engineer.

Two site addresses were modified:

 11261 Harbor Boulevard was revised to 12261
Harbor Boulevard
 12323 Harbor Boulevard was revised to
12323/12321 Harbor Boulevard

Motion: Lindsay Second: Arestegui

Ayes: (7) Arestegui, Cunningham, Lehman, Lindsay, Perez, Ramirez, Soeffner
Noes: (0) None

DRAFT

INITIAL STUDY/

MITIGATED NEGATIVE DECLARATION
SITE B-2 HOTEL
Lead Agency
City of Garden Grove
Community and Economic Development Department
11222 Acacia Parkway
Garden Grove, CA 92840
Prepared by
AECOM
999 Town & Country Road
Orange, CA 92868
June 2022
1684163.1

GARDEN GROVE
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1684163.1

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

TABLE OF CONTENTS

1.0 Introduction............................................................................................................................................. 1

1.1 Purpose of the Initial Study................................................................................................................... 1

1.2 Document Organization........................................................................................................................ 1

2.0 Environmental Setting.............................................................................................................................. 3

2.1 Project Location ................................................................................................................................... 3

2.2 Existing Project Site .............................................................................................................................. 3

2.3 Existing Land Uses and Zoning Designation of the Project Site .............................................................. 3

2.4 Surrounding General Plan and Zoning Designations.............................................................................. 7

3.0 Project Description................................................................................................................................... 9

3.1 Project Overview.................................................................................................................................. 9

3.2 Construction ............................................................................................................................................ 11

3.3 Project Design Features............................................................................................................................ 11

3.4 Discretionary Actions and Approvals ........................................................................................................ 14

4.0 Environmental Checklist......................................................................................................................... 15

4.1 Environmental Factors Potentially Affected ........................................................................................ 15

4.2 Determination.................................................................................................................................... 16

4.3 Environmental Checklist Questions..................................................................................................... 19

5.0 Document Preparers and Contributors ................................................................................................... 97

APPENDICES
Appendix A Shade and Shadow Study
Appendix B Air Quality and Greenhouse Gas Impact Study
Appendix C California Department of Fish and Wildlife – California Natural Diversity Database Appendix D C ultural, Paleontological and Tribal Cultural Resources Technical Memorandum Appendix E Geotechnical Investigation
Appendix F1 Preliminary Hydrology Report
Appendix F2 Preliminary Water Quality Management Plan
Appendix G Water Supply Assessment
Appendix H Noise Impact Study
Appendix I Traffic Impact Study
Appendix J ULI Shared Parking Study
1684163.1 Page i Page 202 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration

LIST OF FIGURES
Figure 1: Regional Location.................................................................................................................................. 4 Figure 2: Vicinity Map .......................................................................................................................................... 5 Figure 3: Project Site............................................................................................................................................ 6

LIST OF TABLES
Table 1: Project Summary .................................................................................................................................. 10 Table 2: Parking Summary ................................................................................................................................ . 11 Table 3: Maximum Daily Project Construction-Related Emissions....................................................................... 28 Table 4: Maximum Daily Project Operation-Related Emissions........................................................................... 29 Table 5: Vibration Annoyance Potential Criteria................................................................................................ . 73 Table 6: Vibration Damage Potential Threshold Criteria ..................................................................................... 73 Table 7: Construction Vibration Impact Analysis ................................................................................................ 74 Page ii 1684163.1 Page 203 of 480

MITIGATED NEGATIVE DECLARATION
Title of Project (including any commonly used name for the project): Site B-2 Hotel Project (herein referred to as the “proposed project”)
Brief Description of Project: The proposed project involves construction of a full -service high -rise (maximum height of 350 feet) resort hotel with hotel program entertainment/pool deck (height of approximately 61 feet) on a 3.72-acre site. The proposed hotel would include 500 guest suites with balconies; themed pool experience with lazy river; storage and loading area at 8,600 square feet maximum; event space with a 600 -person maximum occupancy theater; a grand ballroom at 9,490 square feet; two meeting rooms at 4,194 square feet and 4,031 square feet; a variety of food and beverage opportunities to be placed throughout the hotel totaling a maximum area of 22,296 square feet; themed amenities totaling 13,238 square feet; a 7,000-square foot arcade; and a spa and fitness center at 8,532 square feet. All hotel amenities, except for the ballroom, meeting rooms, and 11,148 square feet of restaurant, would be for the hotel guests use only. For further details, refer to Section 3.0, Project Description.

Project Location (see also attached map): The project site is located at the northwest corner of Harbor Boulevard and Twintree Avenue, south of Sheraton Hotel, and east of Tamerlane Drive in the City of Garden Grove at 12241, 11261,12271, 12291, 12311 and 12323 Harbor Boulevard (Assessor’s Parcel Numbers 231-471-06, 07, 08, 09, 10, and 11); and 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive (Assessor’s Parcel Numbers 231-471-18, 17, 16, 15, 14, 13, 12, 19, 20, 21, 22, 23, and 24).

Name of the Project Proponent: Kam Sang Company
Cortese List: The proposed project ( ) does (x) does not involve a site located on the Cortese list.

Finding: Pursuant to the California Environmental Quality Act, the City of Garden Grove has determined that the proposed project will not have a significant effect on the environment. The attached Initial Study summarizes the substantial evidence supporting this finding.

Mitigation Measures: Refer to Section 4.3, Environmental Checklist Questions. 1684163.1 Page 204 of 480

GARDEN GROVE
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1684163.1 Page 205 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration

1.0 INTRODUCTION
This Initial Study/Mitigated Negative Declaration (IS/MND) evaluates the potential environmental impacts of the Site B -2 Hotel Project (proposed project) proposed by Kam Sang Company (Project Applicant). The proposed project calls for the construction and o peration of a full service high-rise resort hotel with 500 guest suites with balconies and amenities such as a themed pool with lazy river, event space, ballroom, food and beverage, arcade, and spa and fitness center.

1.1 PURPOSE OF THE INITIAL STUDY
This IS/MND has been prepared in accordance with the California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.) and California Code of Regulations, Title 14, Division 6, Chapter 3 (State CEQA Guidelines, Sections 15000 et seq.). Pursuant to CEQA, this IS/MND has been prepared to analyze the potential impacts on the environment resulting from construction and operation of the proposed project. The City of Garden Grove (City) is the designated Lead Agency for the proposed project and will be responsible for the proposed project’s environmental review.

1.2 DOCUMENT ORGANIZATION
This IS/MND includes the following sections:

Section 1.0, Introduction: Provides information about CEQA and its requirements for environmental review and explains that an IS/MND was prepared to evaluate the proposed project’s potential impacts to the environment.

Section 2.0, Environmental Setting: Provides information about the proposed project’s location.

Section 3.0, Project Desc ription: Includes a description of the proposed project’s physical features and construction and operational characteristics. Also includes a list of the discretionary approvals that would be required by the proposed project.

Section 4.0, Environmental Checklist: Includes the Environmental Checklist and evaluates the proposed project’s potential to result in significant adverse effects to the physical environment.

Section 5.0, Document Preparers and Contributors: Includes a list of the persons that prepared this IS/MND. 1684163.1 Page 1 Page 206 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Page intentionally left blank

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

2.0 ENVIRONMENTAL SETTING

2.1 PROJECT LOCATION
The project site is located at the northwest corner of Harbor Boulevard and Twintree Avenue, along the west and east sides of Thackery Drive, east of Tamerlane Drive in the City of Garden Grove. Regional access to the project site is provided by State Route 22 (SR-22) and Interstate 5 (I-5) (Figure 1). Local access to the project site is currently provided via Harbor Boulevard, Twintree Avenue, and Thackery Drive. Thackery Drive and a public alley will be vacated to facilitate the proposed project. The project site and surrounding area are shown in Figure 2. The project site is located at 12241, 11261,12271, 12291, 12311 and 12323 Harbor Boulevard ( Assessor’s Parcel Numbers 231-471-06, 07, 08, 09, 10, and 11); and 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive (Assessor’s Parcel Numbers 231- 471-18, 17, 16, 15, 14, 13, 12, 19, 20, 21, 22, 23, and 24).

2.2 EXISTING PROJECT SITE
The existing project site encompasses 3.72 acres of a previously disturbed site where the north/northeastern parcels of the project site are paved and used for parking for the adjacent Sheraton Hotel, whereas the remaining parcels are dirt pads with limited vegetation that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerline of the street has been demolished recently; the westerly paved street portion of Thacke ry Drive continues to remain. The existing site is fenced and not accessible to the public. Demolition of the prior residential and commercial structures occurred between 2004 and 2013 (Figure 3).

2.3 EXISTING LAND USES AND ZONING DESIGNATION OF THE PROJE CT SITE The project site has a General Plan land use designation of International West Mixed Use (IW) and is zoned as Planned Unit Development (PUD-141-01) and Single-Family Residential Zone (R-1-7). Thirteen parcels are zoned PUD-141-01 (12241, 11261,12271, 12291, 12311 and 12323 Harbor Boulevard and 12246, 12252, 12262, 12282, 12292, 12312, 12322 Thackery Drive), while six (6) parcels are zoned R-1-7 (12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive) . The IW designation allows for a mix of uses, including resort, entertainment, hotel, and some higher density residential that are appropriate for a major entertainment and tourism destination. 1684163.1 Page 3 Page 208 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Figure 1: Regional Location

Pacific Ocean
N
A
0 4.5
---=====:::::iMiles
Figure 1
Regional Location
Site B-2 Project
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Figure 2: Vicinity Map
1684163.1 Page 5 Page 210 of 480
•••• Project Site Boundary
N
A
500 0
1111111_-=====:::i Feet
Figure 2
Vicinity Map
Site B-2 Project
.CCOM
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Figure 3: Project Site

•••• Project Site Boundary
D Parcels
N
A
O 130
•--c::==:::::::i Feet
Figure 3
Project Site
Site B-2 Project
Site B-2 Hotel Initial Study/Mitigated Negative Declaration

2.4 SURROUNDING GENERAL PLAN AND ZONING DESIGNATIONS
The project site is located within a fully developed and urbanized area. The project site is bounded by:

Zoning Designation
North Sheraton Hotel and associated
paved parking areas
IW PUD-141-01
Northwest Multiple-family apartments and
associated paved parking areas
IW R-3
East Harbor Boulevard and vacant lots
approved for hotel
IW PUD-128-12
South Twintree Avenue and commercial
and residential structures
IW and Low Density Residential
(LDR)
PUD-121-98 and R-1-
7 West Residential structures IW and LDR R-1-7
1684163.1 Page 7
blank Existing Land Use General Plan Designation

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Page intentionally left blank

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

3.0 PROJECT DESCRIPTION

3.1 PROJECT OVERVIEW
The proposed project involves construction of a full -service high-rise (maximum height of 350 feet) resort hotel with hotel program entertainment/pool deck (height of approximately 61 feet) on a 3.72-acre site. The proposed hotel would include 500 guest suites with balconies; themed pool experience with lazy river; storage and loading area at 8,600 square feet maximum; event space with a 600 -person maximum occupancy theater; a grand ballroom at 9,490 square feet; two (2) meeting rooms at 4,194 square feet and 4,031 square feet, respectively; a variety of food and beverage opportunities to be placed throughout the hotel totaling a maximum area of 22,296 square feet; themed amenities totaling 13,238 square feet ; a 7,000-square foot arcade; and a spa and fitness center at 8,532 square feet (see Table 1). All hotel amenities, except for the ballroom, meeting rooms, and 11,148 square feet of restaurant, would be for the hotel guests use only.

The proposed project would also include a five -level (approximately 61 feet) parking garage (four levels above grade and one level below grade) with a grand total of 528 spaces to serve the 500 guest suites, event space, commercial and retail uses, food and beverage needs, as well as other amenities such as spa and fitness center (see Table 2).

To accommodate the proposed development, the proposed project also includes vacation of a public street (Thackery Drive) and public alley located entirely within the site. 1684163.1 Page 9 Page 214 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Table 1: Project Summary
Project Features Summary
Project Site Area 3.72 acres
(161,933 square feet [SF])
Landscape Area (Additional 12,000 SF to
be provided at the podium for a grand
total of 51,711 SF of landscape or 31%
coverage.)
26,224 SF (at street level)
13,487 SF (at podium level)
39,711 SF (27% coverage)
Total Hotel Rooms 500 keys
Ballroom/Meeting Rooms
Ballroom
Meeting Room ‘A’
Meeting Room ’B’
9,490 SF
4,194 SF
4,031 SF
Restaurant, Lobby, Amenities
Food and Beverage
Hotel Themed Amenities
Nick Studio (Theater)
Studio Hall
Nick Arcade
Spa/Fitness
Hotel Themed Pool
22,296 SF
13,238 SF
7,039 SF
6,448 SF
7,000 SF
8,532 SF
24,980 SF
Office, Back of House, Others
Hotel Office (Production)
Hotel Support (Offices)
Back of House (Support)
3,173 SF
11,329 SF
16,492 SF
Retail 5,480 SF
Hotel 289,891 SF
Storage, Loading 8,600 SF
Parking (528 spaces) 249,480 SF
Below Grade Parking 52,206 SF
Hotel Tower Maximum Height 350 feet
Hotel Program Entertainment/Pool Deck 60 feet 7 inches
Total Building Area 691,693 SF

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Table 2: Parking Summary
Parking Level Total Space
Level 4 (52,206 SF) 110
Level 3 (52,206 SF) 110
Level 2 (52,206 SF) 110
Level1 (40,656 SF) 84
Level B1 (52,206 SF) 114
Total Parking Spaces Provided 528
Total EV Parking Spaces Provided 28
Total ADA Spaces Provided 20
Notes: All entertainment, 11,148 square feet of restaurants, spa/fitness, Nick studio, Nick Amenities, and retail are intended for occupied guest of the hotel

3.2 CONSTRUCTION
The proposed project construction would take approximately 30 months in a single phase. The construction and grading activities hours would comply with the noise limitation provisions set forth in the City of Garden Grove’s Noise Ordinance, Garden Grove Municipal Code Sections 8.47.040 to 8.47.060, except that permitted hours and days of construction and grading will be as follows: Monday through Saturday – not before 7:00 a.m. and not after 8:00 p.m. (of the same day); and Sunday and Federal Holidays – may work the same hours, but be subject to the restrictions as stipulated in Sections 8.47.040 to 8.47.060 of the Municipal Code. Compliance with the permitted hours and days of construction and grading would be imposed as conditions of approval for the proposed project.

The maximum number of employees during construction would be 210 toward the last six -month period of construction.

3.3 PROJECT DESIGN FEATURES
The following Project Design Features (PDFs) would be implemented during construction and operation of the proposed project. These PDFs would be imposed as conditions of approval for the proposed project.

Construction PDFs
PDF-1 Prior to starting construction, the project should submit a Construction Management Plan to the City of Garden Grove that specifies how all construction design features will be implemented.

PDF-2 The project must follow the standard South Coast Air Quality Management District (SCAQMD) rules (Rule 403) and requirements applicable to fugitive dust control, which include, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 miles per hour (mph).

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site ac cess points within 30 minutes.

4. Any onsite stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.
1684163.1 Page 11 Page 216 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration

5. All operations on any unpaved surface shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion control.

8. Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or provide construction access roads at least 100 feet onto the site from the main road and use gravel aprons at truck exits.

11. Replace the ground cover of disturbed areas as quickly possible.

PDF-3 All diesel construction equipment should have Tier 4 low emission “clean diesel” engines (OEM or retrofit) that include diese l oxidation catalysts and diesel particulate filters that meet the latest California Air Resources Board (CARB) best available control technology.

PDF-4 Construction equipment should be maintained in proper tune.

PDF-5 All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

PDF-6 Minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.

PDF-7 The use of heavy construction equipment and earthmoving activity should be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

PDF-8 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.

PDF-9 Establish staging areas for the construction equipment that as far from adjacent residential homes, as feasible.

PDF-10 Use haul trucks with on-road engines instead of off-road engines for onsite hauling.

Operational PDFs
PDF-11 The project should comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

PDF-12 Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

PDF-13 The project must install an eight (8) foot high masonry block noise barrier wall along the western and northwestern property line. The property line wall will be constructed using masonry block and t he barrier’s weight must be at least 3.5 pounds per square foot of face area without decorative cutouts or

Site B-2 Hotel Initial Study/Mitigated Negative Declaration line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) must be filled with grout or caulking to avoid flanking.

PDF-14 All central plant heating, ventilation, and air conditioning (HVAC) equipment, mechanical pumps and pool equipment must be fully enclosed inside the building structure.

PDF-15 The hotel themed pool attraction and outdoor pool deck operation will be open only during daytime hours (7 a.m. – 10 p.m.).

PDF-16 A minimum eight (8) foot high noise barrier shielding wall sh ould be installed and maintained along all sides of the perimeter of the outdoor patio and pool deck area on level six (6) to shield noise associated with pool activities. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line -of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials:
• Masonry block
• Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per square foot; and/or,
• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot.

PDF-17 The project should provide one row of vegetation along the north, west, and south sides of the interior pool deck wall on level six (6) by planting evergreen trees/shrubs. A dense vegetation barrier can help provide some sound absorption and visual screening to further help reduce noise levels impacting the adjacent residential homes surrounding the project site. Vegetation should be at least as high as the wall (8 feet).

PDF-18 Outdoor speakers on the pool deck must be predominantly located and concealed within the landscape.

All outdoor speakers must be located not greater than eight (8) feet high above the pool deck and directed inwards towards the pool or lazy river area.

PDF-19 The project access on Twintree Avenue must be restricted to emergency access, maintenance vehicles, trash, and delivery trucks only. All employee and guest access to the project site, including tourist buses and shuttles, must be via Harbor Boulevard.

PDF-20 Delivery, loading/unloading activity, and trash pick-up hours shall be limited to daytime hours (7:00 a.m. – 10:00 p.m.) only, per the requirements of Garden Grove Municipal Code Section 8. 47.060(I). Signage should be posted in the designated loading areas reflecting these hour restrictions.

PDF-21 Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

PDF-22 A 4-foot high noise shielding wall must be installed on the perimeter of each floor of the parking structure facing the residential neighborhood to the west, north and south. 1684163.1 Page 13 Page 218 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration PDF-23 The drive aisle surfaces within the parking structure must have a textured finish or treatment that helps minimize tire squeal.

PDF-24 The exterior façade of the parking structure must include louvered or perforated wall paneling to help conceal parking structure activities and re duce noise levels. Paneling should cover the entire upper portions of the parking structure openings of each floor facing the west, north and south.

PDF-25 The project must comply with the California Title 24 Sound Transmissions requirements for exterior walls, roofs, and common separating assemblies (e.g., floor/ceiling assemblies and demising walls). a. Walls, partitions, and floor-ceiling assemblies separating sleeping units from each other or from public or service areas shall have a sound transmission cl ass (STC) of not less than 50, or not less than 45 if field tested.
b. Floor-ceiling assemblies between sleeping units shall have an impact insulation class (IIC) rating of not less than 50, or not less than 45 if field tested.
c. Interior noise levels due to exterior sources shall not exceed a community noise equivalent level (CNEL) or a day-night level (LDN) of 45 A-weighted decibel (dBA), in any habitable room.

PDF-26 For proper acoustical performance, the project must utilize standard building practices to ensure all exterior windows, doors, and sliding glass doors have a positive seal and leaks/cracks are kept to a minimum.

3.4 DISCRETIONARY ACTIONS AND APPROVALS
The following discretionary actions and other non-discretionary approvals are required to implement the proposed project.
• Approval of the MND Adoption of Mitigation Monitoring and Reporting Program • Approval of Zone Change to subzone Planned Unit Development No. PUD-141-01(A) • Approval of Site Plan No. SP-107-2022
• Approval of a Street Vacation
• Approval of a Tentative Tract Map
• Approval of a Development Agreement
• Approval of Grading
• Approval of Building and Occupancy Permits
• Approval of a Conditional Use Permit
• Approval of Final Water Quality Management Plan and Stormwater Pollution Prevention Plan (SWPPP)

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

4.0 ENVIRONMENTAL CHECKLIST
This section includes the initial study checklist form found in Appendix G of the CEQA Guidelines. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies potential project impacts as follows: 1) Potentially Significant Impact; 2) Less Than Significant with Mitigation Incorporated; 3) Less Than Significant Impact; and 4) No Impact. Substantiation and clarification for each checklist response is provided in Section 4.3 below. Included in the discussion for each topic , as necessary, are mitigation measures that are recommended for implementation as part of the proposed project to reduce potentially significant impacts to less than significant.

4.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, meaning at least one impact is “Less Than Significant Impact with Mitigation Incorporated” as explained below.

Environmental Factors Potentially Affected
X Aesthetics Agriculture and Forest
Resources
Air Quality
X Biological Resources X Cultural Resources X Energy
X Geology/Soils X Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources X Noise Population/Housing Public Services
Recreation Transportation X Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
1684163.1 Page 15 Page 220 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration 1684163.1 Page 16

4.2 DETERMINATION
To be completed by the Lead Agency at the basis of this initial evaluation:
blank I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

X
I find that although the proposed project COULD have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. blank I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
blank
I find that the proposed project MAY have a “potentially significan t impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earliest analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. blank
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

Signature Date

6/6/2022

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. , the project falls outside a faul t rupture zone) . A “No Impact” answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies whe re the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described in (5) below, may be cross-referenced.)
5) Earlier Analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such efforts were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigating measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
1684163.1 Page 17 Page 222 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is elected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration

4.3 ENVIRONMENTAL CHECKLIST QUESTIONS
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
I. AESTHETICS. Except as provided in Public
Resources Code Section 21099, would the
project:
a) Have a substantial adverse effect on a
scenic vista? X
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a X
state scenic highway?
c) In non-urbanized areas, substantially
degrade the existing visual character or quality
of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly accessible vantage X
point). If the project is in an urbanized area,
would the project conflict with applicable
zoning and other regulations governing scenic
quality?
d) Create a new source of substantial
shadows, light, or glare which would adversely X
affect day or nighttime views in the area?
Discussion:
a) Have a substantial adverse effect on a scenic vista? No Impact. The City is a mature and fully built out urbanized city, where most of the land within the City has been developed and redevelopment is occurring throughout the City (City of Garden Grove, 20 21b). The project site is generally flat and is located within an urbanized area surrounded by mixed uses such as hotels, retail/commercial uses, and residential uses. The City of Garden Grove General Plan does not identify any scenic vistas within the City (City of Garden Grove, 2021a); thus, the project site is not located near or within a scenic vista. Therefore, implementation of the proposed project would not have a substantial adverse effect on a scenic vista. No impact would occur.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. According to the California Department of Transportation (Caltrans)’s Scenic Highway Mapper, there are no designated or eligible state scenic highways near the project site (Cal trans, 2021). The nearest designated or eligible state scenic highway is State Route 91 (from State Route 55 to north of E. Santa Ana 1684163.1 Page 19
blank

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Road and S. Eucalyptus Drive), located approximately over 6.5 miles to the northeast (Google Earth Pro, 2021).The project site was previously disturbed and occupied by former residential and commercial uses, which were demolished between 2004 and 2013. The north/northeastern parcels of the project site are paved and used for parking the adjacent Sheraton Hotel, and the remaining parcels are comprised of dirt pads with limited vegetation that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerline of the street has been demolished recently; the western paved street portion of Thackery Drive continues to remain. As such, there are no scenic resources on the project site, including rock outcroppings or historic buildings. A limited number of ornamental trees are present on site, but they are not considered scenic resources. Therefore, implementation of the proposed project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic hig hway. No impact would occur.
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Less than Significant Impact. As mentioned above, the project site is within an urbanized area that does not contain scenic resources or vistas nor is it within a scenic area. The project site consists of a previously disturbed site that was occupied by former residential and commercial uses, which were demolished between 2004 and 2013.

According to the City’s General Plan - Land Use Element, the project site has an IW land use designation, which is intended to function as the City’s resort area (City of Garden Grove, 2021). The proposed project includes development of a hotel, which would be consistent with the intended function of the site. The project site is also zoned as PUD-141-01 and R-1-7; the PUD-141-01 is intended for hotel development per City Ordinance No. 2564 (City of Garden Grove, 2002) while the R -1-7 is intended for single -family residential use (City of Garden Grove, 2020). As part of the proposed project, the entire project site would be rezoned to create a subzone, PUD-141-01(A), which would be consistent with the existing General Plan Designation of IW and would facilitate the development of the proposed project. With this modification the proposed project would be consistent with all applicable zoning.

The proposed project involves construction of a full -service high-rise (23 stories tall with a maximum height of 350 feet) resort hotel along with a five -level parking garage (four levels above grade and one level below grade with an approximate height of 61 feet). A hotel project ranging from 14 to 19 stories tall to the east of the project site (across Harbor Boulevard) was approved by the City in 2012 with land use redesignation to IW and rezoning to PUD-128-12 to be consistent with the surrounding uses.

The proposed PUD zoning designation and subsequent intended development of the site would be compatible with the surrounding area in intensity and density. The proposed project would also be required to comply with the City’s development standards which would ensure the design, scale, and visual elements of the proposed hotel blend with the surrounding built environment. Given this, implement ation of the proposed

Site B-2 Hotel Initial Study/Mitigated Negative Declaration project would not substantially degrade the existing visual character or quality of the site. Therefore, impacts would be less than significant.
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less than Significant with Mitigation Incorporated. The proposed project involves construction of a full - service high-rise (23 stories tall with a maximum height of 350 feet) resort hotel along with a five-level parking garage (four levels above grade and one level below grade approximately 61 feet in height ) on a site that is mostly vacant except for a small portion that is being used as a laydown yard. While there is no lighting on the existing project site, the project site is within an urbanized area with street lighting and lights from surrounding hotels, residences, and retail/commercial uses. Vehicle headlights traveling on Harbor Boulevard and Twintree Avenue, and within existing parking areas are also a source of existing lighting at the project site and adjacent uses.

The project-related construction activities would occur during permitted hours of 7:00 a.m. to 8:00 p.m. from Monday through Saturday. On Sunday and Federal Holidays, the construction activities may occur during the same hours, but would be subject to the restrictions as stipulated in Sections 8.47.040 to 8.47.060 of the Municipal Code. Operationally, the proposed project would include nighttime lighting for security and safety purposes throughout the project site, including the parking areas. In addition, new lighting would occur from the lighted monument signs, lighted building signs, and interior lighting from the hotel.

The proposed project would comply with the Garden Grove Municipal Code Section 9.18.1 00.020 (Development Standards Applicable to All Mixed Use Zones), which states that all onsite lighting shall be stationary and directed away from adjoining properties and public right -of-way; and Section 9.18.140.070 (Parking Design Standards) related to parking area standards, which states that lighting of parking areas shall be designed with automatic time rs (photovoltaic cells) and be directed, positioned, or shielded in such a manner so as not to unreasonably illuminate the window area of nearby reside nces. Compliance with the City’s lighting requirement would be confirmed during the building permit process.

Glare can be caused by light reflections from the pavement vehicles and building materials such as reflective glass and polished surfaces. The proposed project would not use reflective glass on the proposed tower. In addition, prior to final site plan approval, a site specific light and glare study would be prepared to ensure that the proposed project will be in compliance with the applicable zoning codes. Additionally, the light and glare study would incorporate measures necessary to ensure the proposed project’s compatibility with the goals and policies (i.e., Policy SAF-2.1 and SAF-IMP-2A) in the 2021 General Plan for providing adequate lighting to maintain a safe public environment. Implementation of the following mitigation measure would reduce the potential light and glare impacts to less than significant.

Light and Glare Mitigation Measure
AES-1 Prior to final site plan approval, a site specific light and glare study shall be prepared and approved by the C ommunity and Economic Development Director , or his or her designee, to ensure that the proposed project will be in compliance with the City’s Zoning Code related to lighting designs. The 1684163.1 Page 21 Page 226 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration light and glare study shall include technologically advanced hotel/resort lighting measures in its detailed design plans. These measures may include, without limitation, installation of exterior screening such as shielding attached to the luminaire, building, or site structures; using anti-reflective glass or glass treated with an anti -reflective coating; and shielding lights with visors to reduce light trespass, glare impact and visual distraction. Additionally, the light and glare study shall incorporate measures necessary for the proposed project’s compatibility with the goals and policies (i.e., Policy SAF-2.1 and SAF-IMP-2A) in the General Plan for providing adequate lighting to maintain a safe public environment. These measures may include, without limitation, placement of pedestrian-level lighting throughout the project site; and provision of signage and markings within the project site for pedestrian safety.

A shade and shadow study (Appendix A) (AECOM, 2022) was conducted to analyze the potential shade and shadow impacts on adjacent properties from the proposed project. Specifically, a project would have a significant impact if:
• Shadow-sensitive use areas (wher e sunlight is important to its function) would be shaded by project - related structures for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time (PST) (between late October and early April), or for more than four hours be tween the hours of 9:00 a.m. and 5:00 p.m. PST (between early April and late October), compared to existing conditions.

As stated in the shade and shadow study (Appendix A), the proposed project would cast new shadows onto surrounding shadow-sensitive use areas (e.g., residential and hotels/hostel uses). The threshold above states that a significant shadow impact would result if shadow-sensitive uses would be shaded for “more than” three hours between the hours of 9:00 a.m. and 3:00 p.m. PST (between late October and early April). This condition is applicable to the Winter Solstice and Spring Equinox diagrams. The shade and shadow study shows that a covered parking area associated with one residence would be shaded for more than three hours (between 9:00 a.m. and 1:00 p.m. PST); however, the residence itself would only be shaded for two of those hours (specifically, between 9:00 a.m. and 11:00 a.m. PST). The covered parking area would not be considered a shadow-sensitive use; thus, would not be a significant impact. Thus, no shadow -sensitive uses would be shaded for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. by the proposed project under the Winter Solstice and Spring Equinox conditions.

The threshold further states that a significant shadow impact would result if shadow-sensitive uses would be shaded for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. PST (between early April and late October). The shade and shadow study shows that no residence would be shaded for more than four hours (between 9:00 a.m. and 5:00 p.m.) during the Fall Equinox and Summer Solstice conditions. Therefore, impacts would be less than significant.

Sources:

AECOM. 2022. Shade/Shadow Study for Site B-2 Hotel. April. PDF.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration California Department of Transportation (Caltrans). 2021. California State Scenic Highway Map. Available at:
https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000dfcc19983 (accessed June 2021).

City of Garden Grove. 2021a. Focused General Plan Update and Zoning Amendments Draft Environmental Impact Report. August 18, 2021. Adopted November 9, 2021. Available at:
https://ggcity.org/sites/default/files/2021-08/FGPUZA%20DEIR.pdf (accessed March 2022). ----. 2021b. Garden Grove General Plan, Chapter 2 Land Use Element, Public Review DRAFT – October 2021.

Adopted November 9, 2021. Available at: https://ggcity.org/sites/default/files/2021- 10/LandUseElementoct2021.pdf (accessed March 2022).
----. 2020. Garden Grove Municipal Code. Available at:
https://www.qcode.us/codes/gardengrove/?view=desktop&topic=9-9_12-9_12_040-9_12_040_030 (accessed July 2021).
----. 2002. Ordinance No. 2564. Available at:
https://ggcity.org/records_request/requests/4191/correspondences/16899/download/GG_Ord._2564_PUD_14 1-01.pdf (accessed July 2021).

Google Earth Pro. 2021.
1684163.1 Page 23 Page 228 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration II. AGRICULTURE AND FORESTRY RESOURCES.

In determining whether impacts to agricultural
resources are significant environmental
effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Department of Conservation as an
optional model to use in assessing impacts on
agriculture and farmland. In determining
whether impacts to forest resources, including
timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department of
Forestry and Fire Protection regarding the
state’s inventory of forest land, including the
Forest and Range Assessment Project and the
Forest Legacy Assessment project; and forest
carbon measurement methodology provided in
Forest Protocols adopted by the California Air
Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland,
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural
use, or with a Williamson Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code § 12220 (g)), timberland (as
defined by Public Resources Code § 4526), or
timberland zoned Timberland Production (as
defined in Government Code § 51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest use?
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
X
X
X
X
X

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blank blank blank
blank blank blank
blank blank blank
blank blank blank
blan blank blank

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Discussion:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The project site is located in a n urbanized area in the City. It was previously disturbed and occupied by former residential and commercial uses. These uses were demolished between 2004 and 2013.

The north/northeastern parcels of the project site are paved and used for parking the adjacent Sheraton Hotel, and the remaining parcels are comprised of dirt pads with limited vegetation that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerline of the street has been demolished recently; the westerly paved street portion of Thackery Drive continues to remain.

According to the California Department of Conservation (CDC)’s California Important Farmland Finder, t he project site is not located on Prime Farmland, Unique Farmland, or Farmland of Statewide Importance; rather, it is located on Urban and Built -Up Land (CDC, 2021). Therefore, implementation of the proposed project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non - agricultural use. No impact would occur.
b) Conflict with existing zoning for agricultural use, with a designated Agricultural Resource Area, or with a Williamson Act contract?
No Impact. According to the City’s Zoning and Land Use GIS mapper, the project site is zoned as Planned Unit Development (PUD-141-01) and Single -Family Residential Zone (R -1-7), neither of which is an agricultural zoning designation (City of Garden Grove , 2021). Furthermore, the project site does not contain agricultural land nor is it located within a Williamson Act contract. Therefore, implementation of the proposed project would not conflict with existing zoning for agricultural use or with a Williamson Act contract. No impact would occur.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code § 12220 [g]), timberland (as defined in Public Resources Code § 4526), or timberland zoned Timberland Production (as defined in Government Code § 51104[g])?
No Impact. As noted above, the project is zoned as PUD-141-01 and R-1-7, neither of which is a forest land or timberland zoning designation. Furthermore, the project site does not contain forest land or timberland.

Therefore, implementation of the proposed project would not conflict with existing zoning for, or cause rezoning of, forest land or timberland. No impact would occur. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As noted above, the project site does not contain forest land. There fore, implementation of the proposed project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur.
1684163.1 Page 25 Page 230 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? No Impact. As noted above, the project site does not contain farmland or forest land. Therefore, implementation of the proposed project would not result other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non -agricultural use or conversion or forest land to non-forest use. No impact would occur.

Sources:

California Department of Conservation (CDC). 2021. California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/DLRP/CIFF/ (accessed May 2021).

City of Garden Grove. 2021. Zoning and Land Use Mapper. Available at: https://ggcity.org/maps/zoning-land- use/ (accessed June 2021).

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management district or
air pollution control district may be relied upon
to make the following determinations. Would
the project:
a) Conflict with or obstruct implementation of
the applicable air quality plan? X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an X
applicable federal or state ambient air quality
standard?
c) Expose sensitive receptors to substantial
pollutant concentrations? X
d) Result in other emissions (such as those
leading to odors) adversely affecting a X
substantial number of people?
Discussion: The discussion below is based on the Garden Grove Hotel Site B -2 Air Quality and Greenhouse Gas Impact Study prepared by RK ENGINEERING GROUP, INC. (RK) (2022a) included as Appendix B. a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less than Significant Impact (a-b). The primary purpose of an air quality plan is to bring an area that does not attain National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) into compliance with those standards pursuant to the requirements of the Clean Air Act and California Clean Air Act. NAAQS and CAAQS have been established for the following criteria pollutants: ozone, carbon monoxide (CO), sulfur dioxide (SO 2), nitrogen dioxide (NO 2), particulate matter less than 10 microns in diameter (PM10), particulate matter less than 2.5 microns in diameter (PM2.5), and lead. The CAAQS are more stringent than the NAAQS and include additional air pollutants, such as visibility reducing particles, sulfates, vinyl chloride, and hydrogen sulfide.

The proposed project is located within the South Coast Air Basin (SCAB) 1 under the jurisdiction of the South
Coast Air Quality Management District (SCAQMD). The applicable Air Quality Management Plan (AQMP) for the project site was prepared by SCAQMD in partnership with the California Air Resources Board (ARB), United States (U.S.) Environmental Protection Agency (EPA), and the Southern California Association of Governments 1 SCAQMD has divided the SCAB into 14 general forecasting areas and 38 Source Receptor Areas (SRAs) for monitoring and reporting local air quality. The project site is located in SRA 17 (Central Orange County) (RK, 2021). 1684163.1 Page 27 Page 232 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration (SCAG). The most recent AQMP (2016 AQMP) was adopted by the SCAQMD in March of 2017 (SCAQMD, 2017).

The 2016 AQMP is the legally enforceable blueprint for how the region will meet and maintain the CAAQS and NAAQS. The 2016 AQMP identifies strategies and control measures needed to achieve attainment of the 8 - hour ozone standard and federal annual and 24- hour standard for PM 2.5 in the SCAB. The future emission forecasts are primarily based on demographic and economic growth projections provided by SCAG.

As discussed in the Garden Grove Hotel Site B -2 Air Quality and Greenhouse Gas Impact Study (RK, 2022a) (Appendix B), the SCAQMD has established regional and localized air quality emissions thresholds of significance for criteria air pollutants for the purposes of determining whether a project may have a significant effect on the environment per Section 15002(g) of the CEQA Guidelines. By complying with the SCAQMD’s regional and localized air quality thresholds of significance, a project would be in compliance with the 2016 AQMP as well as the NAAQS and CAAQS. A summary of the proposed project’s maximum daily construction and operational emissions2 compared to the applicable regional and localized SCAQMD’s air quality thresholds are presented in Tables 3 and 4 below, respectively. The proposed project’s emissions assume implementation of PDF-1 through PDF-12, discussed previously in Section 3.3 of this IS/MND.

Table 3: Maximum Daily Project Construction-Related Emissions Source/Description VOC1
(lbs/day)
SO2
(lbs/day)
NOx
(lbs/day)
CO
(lbs/day)
PM10
(lbs/day)
PM2.5
(lbs/day)
Maximum On- and Off-Site
Daily Project Emissions

52.68 0.21 50.73 31.68 8.68 3.98
SCAQMD Regional Thresholds 75.00 150.00 100.00 550.00 150.00 55.00 Exceed SCAQMD Regional
Thresholds?
No No No No No No
Maximum Onsite Daily Project
Emissions2
N/A N/A 2.23 20.87 7.58 3.93
SCAQMD Localized
Thresholds3
N/A N/A 147.00 975.20 9.60 5.50
Exceed SCAQMD Localized
Thresholds?
N/A N/A No No No No
Source: RK, 2022a.

Notes: 1. Although not a criteria air pollutant, volatile organic compounds (VOCs) are regulated by the SCAQMD because they cause chemical reactions which contribute to the formation of ozone. Both VOCs and NOx are precursors in the formation of ozone; following SCAQMD methodology, the evaluation of ozone was conducted by evaluating emissions of VOCs and NOx.

2. Onsite emissions were evaluated for the localized air quality impacts to determine whether the proposed project may generate significant adverse localized air quality impacts per SCAQMD Localized Thresholds of Significance (LST) methodology. Thus, off -site emissions were not evaluated for the localized analysis, in contrast to the regional analysis which encompassed both on- and off-site emissions.

3. The nearest existing sensitive receptors are located along the northern, southern, and western property line of the project site, less than 25 meters from potential areas of onsite construction activity. Although sensitive receptors are located closer than 25 meters to the project site, the SCAQMD LST methodology states that projects with boundaries located closer than 25 meters to the nearest receptor should use the LST for receptors located at 25 meters. In addition, the daily disturbance area for the proposed project was estimated to be 3.5 acres; however, SCAQMD LST is only based on 1, 2 and 5-acre sites. RK therefore used a linear trend line analysis 2 Note that lead was not included as part of this analysis as the proposed project was not expected to emit lead in any significant measurable quantity. In addition, visibility-reducing particles were not explicitly addressed in this analysis because particulate matter was addressed. Also, vinyl chloride was not included in the analysis as the proposed project is not expected to generate or be exposed to vinyl chloride because proposed project uses do not utilize the chemical processes that create this pollutant and there are no such uses in the project vicinity. Lastly, hydrogen sulfide was not included in the analysis as the proposed project is not expected to cause exposure to hydrogen sulfide because it would not generate hydrogen sulfide in any substantial quantity.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration to calculate the construction LST. Lastly, per SCAQMD LST methodology, the LST used for this analysis was developed based on the ambient concentrations of four applicable air pollutants (e.g., NOX, CO, PM10, and PM2.5 ) for SRA-17.

Table 4: Maximum Daily Project Operation-Related Emissions Source/Description VOC1
(lbs/day
SO2
(lbs/day)
NOx
(lbs/day)
CO
(lbs/day)
PM10
(lbs/day)
PM2.5
(lbs/day)
Maximum On- and Off-Site
Daily Project Emissions

20.54 0.23 13.88 97.85 23.88 6.74
SCAQMD Regional Thresholds 55.00 150.00 55.00 550.00 150.00 55.00 Exceed SCAQMD Regional
Thresholds?
No No No No No No
Maximum Onsite Daily Project
Emissions2
N/A N/A 5.75 9.25 1.60 0.70
SCAQMD Localized
Thresholds1,2
N/A N/A 147.00 975.20 2.40 1.60
Exceed SCAQMD Localized
Threshold?3
N/A N/A No No No No
Source: RK, 2022a.

Notes: 1. Although not a criteria air pollutant, VOCs are regulated by the SCAQMD because they cause chemical reactions which contribute to the formation of ozone. Both VOCs and NOx are precursors in the formation of ozone; following SCAQMD methodology, the evaluation of ozone was conducted by evaluating emissions of VOCs and NOx.

2. Onsite emissions were evaluated for the localized air quality impacts to determine whether the proposed project may genera te significant adverse localized air quality impacts per SCAQMD LST methodology. Thus, off -site emissions were not evaluated for th e localized analysis, in contrast to the regional analysis which encompassed both on-and off-site emissions.

3. The nearest existing sensitive receptors are located along the northern, southern, and western property line of the project site, less than 25 meters from potential areas of onsite construction activity. Although sensitive receptors are located closer than 25 meters to the project site, the SCAQMD LST methodology states that projects with boundaries located closer than 25 meters to the neares t receptor should use the LST for receptors located at 25 meters. In addition, the daily disturbance area for the proposed project was estimated to be 3.5 acres; however, SCAQMD LST is only based on 1, 2 and 5-acre sites. RK therefore used a linear trend line analysis to calculate the operational LST. Lastly, per SCAQMD LST methodology, the LST used for this analysis was developed based on the ambient concentrations of four applicable air pollutants (e.g., NOX, CO, PM10, and PM2.5 ) for SRA-17.

As shown in Tables 3 and 4, the proposed project’s daily construction and operational emissions would be below the applicable SCAQMD’s air quality regional thresholds of significance and LST; thus, construction and operation of the proposed project would not contribute substantially to existing or projected violations of the NAAQS or CAAQS. Given this, implementation of the proposed project would not obstruct or conflict with the 2016 AQMP. Furthermore, by complying with the SCAQMD’s air quality regional thresholds of significance and LST, implementation of the proposed project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable NAAQS or CAAQS.

Therefore, impacts would be less than significant.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. As discussed in the Garden Grove Hotel Site B-2 Air Quality and Greenhouse Gas Impact Study (RK, 2022 a) (Appendix B), sensitive receptors are considered land uses or other types of population groups that are more sensitive to air pollution exposure. Sensitive population groups include children, the elderly, the acutely and chronically ill, and those with cardio -respiratory diseases. For CEQA purposes, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24-hours or longer, su ch as residences, hospitals, and schools, etc., as described in the SCAQMD LST methodology. Several sensitive receptors currently surround the project site, including the following:
1684163.1 Page 29 Page 234 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration adjacent residential uses to the west and northwest (within 25 meters [82 feet]); residential uses approximately 55 feet to the south, along south side of Twintree Avenue (within 25 meters [82 feet]); and the Sheraton Hotel to the north , approximately 100 feet from the project site to the nearest building facade (within 50 meter s [164 feet]). The nearest existing sensitive receptors are located along the northern, southern, and western sides of the project site.

To determine potential exposure of sensitive receptors to substantial pollutant concentrations, the air quality analysis conducted for the proposed project utilized the applicable SCAQMD’s LST (discussed above) as well as evaluated potential exposure to toxic air contaminants (TACs) using the California Office of Environmental Health Hazard Assessment (OEHHA)’s Guidance M anual for Preparation of Health Risk Assessments (HRA Guidelines), which provide risk factors based on exposure to toxic substances over a 30 -year lifetime span.

TACs are defined as air pollutants which may cause or contribute to an increase in mortality or serious illness, or which may pose a hazard to human health, and for which there is no concentration that does not present some risk. This contrasts with the criteria pollutants, in that there is no threshold level for TAC exposure below which adverse health impacts are not expected to occur. Most of the estimated health risk from TACs can be attributed to a relatively few compounds, the most common being diesel particulate matter (DPM) from diesel engine exhaust. In addition to DPM, benzene and 1,3- butadiene are also significant contributors to overall ambient public health risk in California.

As shown above in Tables 3 and 4, construction and operation of the proposed project would not exceed the applicable SCAQMD’s LST. Regarding TACs, the proposed project would generate DPM during construction from off-road diesel equipment and trucks. The proposed project’s construction activity would not be a long- term (i.e., 30 years) source of TAC emissions and short-term risk factors have not been developed. Due to the significantly reduced risk from short -term exposure, SCAQMD does not typically require the evaluation of long-term cancer risk or chronic health impacts for construction operations from a project such as the one being proposed. Hence, the impacts fro m short -term exposure to DPM during project construction are considered less than significant without the need for a detailed HRA study. Furthermore, PDF-3 through PDF- 10, which include the requirement for Tier 4 engines on all off-road diesel equipment, would ensure potential DPM exposure to adjacent sensitive receptors would be reduced to the maximum extent feasible. Also, the proposed project would be required to comply with SCAQMD Rule 403, which requires that fugitive dust (suspended particulate matter) is controlled with best-available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, the proposed project consists of resort hotel land uses, which do not include major sources of TAC emissions; thus, operation of the proposed hotel would not result in exposure of sensitive receptors to substantial pollutant concentrations. Given this, implementation of the proposed project would not expose sensitive receptors to substantial pollutant concentrations. Therefore, impacts would be less than significant.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. As discussed in the Garden Grove Hotel Site B-2 Air Quality and Greenhouse Gas Impact Study (RK, 2022a) (Appendix B), land uses that commonly receive odor complaints include agricultural uses (farming and livestock), chemical plants, composting operations, dairies, fiberglass molding facilities, food processing plants, landfills, refineries, rail yards, and wastewater treatment plants. Operational activities of the proposed project would not involve any of these land uses and would not be located in an area with existing odors. While the proposed project’s use of heavy -duty equipment during construction would emit odors in the project area, it would not adversely affect a substantial number of people and would be temporary; thus, the temporary odor emissions would cease to occur after construction is completed.

Additionally, construction and operation of the proposed project would be required to comply with SCAQMD Rule 402, which requires a person to not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Given this, implementation of the proposed project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people. Therefore, impacts would be less than significant.

Sources
RK ENGINEERING GROUP, INC. (RK). 2022a. Garden Grove Hotel Site B-2 Air Quality and Greenhouse Gas Impact Study. April. PDF.

South Coast Air Quality Management District (SCAQMD). 2017. South Coast Air Quality Management District – Final 2016 Air Quality Management Plan. Available at: https://www.aqmd.gov/docs/default-source/clean-air- plans/air-quality-management-plans/2016-air-quality-management-plan/final-2016- aqmp/final2016aqmp.pdf?sfvrsn=15 (accessed August 2021). 1684163.1 Page 31 Page 236 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
plans, policies, or regulations, or by the X
California Department of Fish and Wildlife
(CDFW) or U.S. Fish and Wildlife Service
(USFWS)?
b) Have a substantial adverse effect on any
sensitive natural communities (e.g., riparian
habitat, coastal sage scrub, oak woodlands,
non-jurisdictional wetlands) identified in local X
or regional plans, policies, regulations or by
CDFW or USFWS?
c) Have a substantial adverse effect on state
or federally protected wetlands (including, but
not limited to, marshes, vernal pools, coastal X
wetlands, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement
of any native resident or migratory fish or
wildlife species or with established native X
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or X
ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved state, X
regional, or local habitat conservation plan?
Discussion:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS)?
Less Than Significant with Mitigation Incorporated. Due to the built-out nature of the City and surrounding area, biological resources in the City are almost non-existent (City of Garden Grove, 2021). The project site is

Site B-2 Hotel Initial Study/Mitigated Negative Declaration located in a highly urbanized area with commercial uses along Harbor Boul evard and residential uses along Twintree Avenue.

In February 2022, a search was conducted of the California Department of Fish and Wildlife (CDFW)’s California Natural Diversity Database (CNDDB) for sensitive plant, natural community, and wildlife specie s occurrence data within the U.S. Geological Survey (USGS) 7.5 -minute Anaheim topographic quadrangle map (which the project site is located within) (Appendix C). Based on this search, the California black rail (Laterallus jamaicensis coturniculus) is the only sensitive species (State Threatened) with the potential to be found on the project site (CDFW, 2022).

However, the project site was previously disturbed and occupied by former residential and commercial uses.

As noted, these uses were demolished between 2004 and 2013. The north/northeastern parcels of the project site are paved and used for parking the adjacent Sheraton Hotel, and the remaining parcels are comprised of dirt pads with limited vegetation (i.e., non-native grass and two (2) ornamental trees on Twintree Avenue along the sidewalk near Harbor Boulevard) that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerl ine of the street has been demolished recently; the westerly paved street portion of Thackery Drive continues to remain. As a result, the project site does not provide suitable habitat for the California black rail. Additionally, the California black rail was last sighted in December 1986 in the City of Orange. On this basis, it is not reasonably foreseeable that there would be an occurrence of this species at the project site.

During construction, the proposed project would require removal of the non-native grass and the two (2) ornamental trees. While no sensitive plants or wildlife would be impacted by vegetation removal activities, there is a potential for impacts to occur to raptors and other nesting birds protected under the federal Migratory Bird Treaty Act (MBTA) that could nest within these trees. With Mitigation Measure BIO- 1, implementation of the proposed project would not h ave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW or USFWS. Therefore, impacts would be less than significant with mitigation incorporated.

MBTA Nesting Birds Mitigation Measure
BIO-1 With the potential for nesting birds protected under the Migratory Bird Act Treaty (MBTA) and California Fish and Game Code (CFGC) to occur in ornamen tal trees within the project site and surrounding area, tree removal during construction shall occur outside of the nesting bird season (generally, February 15 through September 1). If avoiding the nesting season is not practicable, the following additional measures shall be employed:
a. A pre-construction nesting bird survey shall be conducted by a qualified biologist within 3 days prior to the start of construction activities to determine whether active nests are present within or directly adjacent to the construction zone. All active nests found shall be recorded. b. If active nests are detected during the survey, the qualified biologist shall establish an appropriate buffer and monitor the active nests with in the buffers at a minimum of once per week to determine whether the birds are being disturbed. If signs of disturbance or stress are observed, the qualified biologist shall immediately implement adaptive measures to reduce disturbance. 1684163.1 Page 33 Page 238 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration These measures shall be determined by the qualified biologist and could include , without limitation, increasing buffer distance, temporarily halting construction activities until fledging is confirmed, or placing visual screens or sound dampening structures between the nest and construction activity.
b) Have a substantial adverse effect on any sensitive natural communities (e.g., riparian habitat, coastal sage scrub, oak woodlands, non-jurisdictional wetlands) identified in local or regional plans, policies, regulations or by CDFW or USFWS?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means?
No Impact (b-c). As discussed above, due to the built-out nature of the City and surrounding area, biological resources in the City are almost non- existent (City of Garden Grove, 20 21). The project site is located in a highly urbanized area with commercial uses along Harbor Boulevard and residential uses along Twintree Avenue. The project site was previously disturbed and occupied by former residential and commercial uses , which were demolished between 2004 and 2013. The north/northeastern parcels of the project site are paved and used for parking for the adjacent Sheraton Hotel, whereas the remaining parcels are dirt pads with limited vegetation (i.e., non-native grass and two ornamental trees on Twintree Avenue along the sidewalk near Harbor Boulevard) that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerline of the street has been demolished recently; the westerly paved street portion of Thackery Drive continues to remain.

In addition, there are no sensitive natural communities on the project site per the search conducted of the CDFW’s CNDDB for the USGS 7.5 -minute Anaheim topographic quadrangle map (which the project site is located within) (Appendix C). Furthermore, based on a revi ew of the U.S. Fish & Wildlife (USFWS)’s National Wetlands Inventory, there are no wetlands or riparian mapped areas within or in the vicinity of the project site (USFWS, 2021).

For these reasons, implementation of the proposed project would not have a su bstantial adverse effect on any sensitive natural communities identified in local or regional plans, policies, regulations, or by the CDFW or USFWS, nor would it have a substantial adverse effect on state or federally protected wetlands. No impact would occur.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less Than Significant with Mitigation Incorporated . As discussed above, due to the built -out nature of the City and surrounding area, biological resources in the City are almost non- existent (City of Garden Grove, 2021). The project site is located in a highly urbanized area with commercial uses along Harbor Boulevard and residential uses along Twintree Avenue. The project site previously disturbed and occupied by former residential and commercial uses, which were demolished between 2004 and 2013. T he north/northeastern parcels of the project site are paved and used for parking for the adjacent Sheraton Hotel , whereas the

Site B-2 Hotel Initial Study/Mitigated Negative Declaration remaining parcels are dirt pads with limited vegetation (i.e., non-native grass and two ornamental trees on Twintree Avenue along the sidewalk near Harbor Boulevard) that are mostly vacant except for the southeastern parcels that are used for temporary construction storage. The easterly portion of Thackery Drive from the centerline of the street has been demolished recently; the westerly paved street portion of Thackery Drive continues to remain.

There are no designated habitat linkages, wildlife corridors, native wildlife nursery sites on the project site or vicinity per the CNDDB search results, nor are there rivers, creeks, or open drainages near the project site or vicinity that could serve as a wildlife corridor. Furthermore, the project site is surrounded by impermeable fencing, and thus would preclude ground- level wildlife movement. Therefore, implementation of the proposed project would not interfere substantially with the movement of any native resident or migratory fish or with established native resident or migratory wildlife corridors, nor would it impede the use of native wildlife nursery sites.

However, as discussed above, during construction, the proposed project would require removal of the non- native grass and the two ornamental trees. While no sensitive plants or wildlife would be impacted by vegetation removal activities, there is a potential for impacts to occur to rapt ors and other nesting birds protected under the federal MBTA. With Mitigation Measure BIO-1, implementation of the proposed project would not interfere substantially with the movement of any native resident or migratory wildlife species .

Therefore, impacts would be less than significant with mitigation incorporated. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. As discussed above, the proposed project would require the removal of two (2) ornamental trees located along a sidewalk on Twintree Avenue within the public right-of-way. Chapter 11.32, Trees, of the City’s Municipal Code serves as the City’s Tree Ordinance, which provides strict guidelines regarding the removal or tampering of trees located within any public right -of-way. The Project Applicant would be required to comply with the standards identified in Chapter 11.32, which includes obtaining approval from the City Manager prior to removal of trees in the public right-of-way. Given this, implementation of the proposed project would not conflict with any local policies or ordinances protecting biologic al resources .

Therefore, impacts would be less than significant.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved state, regional, or local habitat conservation plan? No Impact. The proposed project is not located within any Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP) (CDFW , 2021). Therefore, implementation of the proposed project would not conflict with any applicable HCP or NCCP. No impact would occur.

Sources
California Department of Fish and Wildlife (CDFW). 2022. California Natural Diversity Database. Anaheim Quad.

February 16, 2022.
1684163.1 Page 35 Page 240 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration ----. 2021. NCCP Plan Summaries Webpage. Available at:
https://wildlife.ca.gov/Conservation/Planning/NCCP/Plans (accessed July 2021).

City of Garden Grove. 2021. Garden Grove General Plan, Chapter 2 Land Use Element, Public Review Draft – October 2021. Adopted November 9, 2021. Available at: Housing Element Update | City of Garden Grove (ggcity.org) (accessed March 2022).
----. 2020. Garden Grove Municipal Code. Available at: http://qcode.us/codes/gardengrove/ (accessed June 2021).

U.S. Fish and Wildlife Service (USFWS). 2021. National Wetlands Inventory Mapper. Available at:
https://www.fws.gov/wetlands/data/mapper.html (accessed August 2021).

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
V. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to X
CEQA Guidelines § 15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource X
pursuant to CEQA Guidelines § 15064.5?
c) Disturb any human remains, including those
interred outside of dedicated cemeteries? X
Discussion:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines § 15064.5?
No Impact. According to the Site B-2 Hotel Project: Cultural, Paleontological and Tribal Cultural Resources Technical Memorandum prepared by AECOM (2022) (Appendix D), no historical resources were identified on the project site. Specifically, the South Central Coastal Information Center (SCCIC) records search identified 17 previously recorded cultural resources mapped within 0.25 miles of the project site. All of these resources are historic homes and converted offices that have been determined not eligible for listing in federal registers or recommended not eligible for listing in the National Register of Historic Places (NRHP) and none are located on the project site. 13 properties within 0.25 miles of the project site are listed on California’s State B uilt Environment Resources Directory, however, none of these are located on the project site. Therefore, implementation of the proposed project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines § 15064.5. No impact would occur. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5?
Less than Significant with Mitigation Incorporated. According to the Site B -2 Hotel Project: Cultural, Paleontological and Tribal Cultural Resources Technical Memorandum (2022) (Appendix D), based on the results of the SCCIC records search and archival research of local resource directories and historical maps and aerial images, it is possible, but unlikely, that significant archaeological resources will be encountered during ground-disturbing activities for the proposed project.
1684163.1 Page 37 Page 242 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration The project site is located within a heavily disturbed urban area. Prior to World War II, the project site was utilized for agricultural purposes, with a grove of trees present on most of the property and one building that was present in the southeast corner for a short period of time. During the housing boom of the 1950s, the project site was developed with a residential tract and commercial buildings which were established by 1963.

A review of construction manuals from the period suggests that it is adequate to assume that up to five feet of the soil was disturbed by construction, grading, and the placement of utilities for a 1960s -era tract development. All buildings in the project site were removed between 2004 and 2013, leaving only the cul-de- sac and alley between the dirt lots. The process appears to have consisted of removing building foundations and prior utilities and grading the surface which likely heavily disturbed or destroyed any archaeological resources that may have existed at the site at that time. Work may extend below previous disturbance, however, b ased on the results of the archival research, no previously recorded resources are within the project site and there is low potential that archaeological resources will be encountered during ground - disturbing activities for the proposed project. Thus, no archaeological monitoring is recommended at this time.

However, in the event that archaeological resources are encountered during ground-disturbing activities and cannot be preserved in place, Mitigation Measure C R-1 is provided to reduce potential impacts. With implementation of Mitigation Measure CR- 1, the proposed project would not cause a substantia l adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5. Therefore, impacts would be less than significant with mitigation incorporated.

Archaeological Resources Mitigation Measure
CR-1 In the event archeological resources are found during construction, all attempts will be made to preserve in place or leave resources in an undisturbed state in compliance with all applicable laws. In the event that archeological resources are identified and cannot be preserved in place, a qualified archaeologist will be contacted to evaluate and determine appropriate treatment for the resource in accordance with Public Resources Code (PRC) Section 21083.2(i). Work in the vicinity of the discovery (15-meter radius) will halt until the appropriate assessment and treatment of the resource is determined by the archaeologist (work can continue elsewhere on the project site). c) Disturb any human remains, including those interred outside of dedicated cemeteries? Less than Sig nificant with Mitigation Incorporated. According to the Site B -2 Hotel Project: Cultural, Paleontological and Tribal Cultural Resources Technical Memorandum (2022) (Appendix D), the project site was previously utilized for agricultural purposes and then later developed with a residential tract and commercial buildings, which have since been removed. No formal cemeteries or other places of human internment are known to exist on the project site. However, a lack of surface evidence does not preclude the possibility that unknown and unanticipated human remains may be encountered during ground -disturbing activities. In the event that human remains are discovered at the project site, Mitigation Measure C R-2 is provided to reduce potential impacts. With implementation of Mitigation Measure CR-2, the proposed project would not disturb any human remains, including those interred outside of dedicated cemeteries. Therefore, impacts would be less than significant with mitigation incorporated.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Human Remains Discovery Mitigation Measure
CR-2 If human remains are discovered, work in the immediate vicinity of the discovery shall be suspended and the Orange County Coroner shall be contacted. If the remains are deemed Native American in origin, the Coroner will co ntact the NAHC and identify a Most Likely Descendant pursuant to PRC Section 5097.98 and California Code of Regulations Section 15064.5. Work will only commence after consultation and treatment have been concluded. Work may continue on other parts of the p roject site while consultation and treatment are conducted.

Source
AECOM. 2022. Site B-2 Hotel Project: Cultural, Paleontological and Tribal Cultural Resources Technical Memorandum. March 2022. PDF.
1684163.1 Page 39 Page 244 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
VI. ENERGY. Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of X
energy resources, during project construction
or operation?
b) Conflict with or obstruct a state or local
plan for renewable energy or energy X
efficiency?
Discussion:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant with Mitigation Measures Incorporated (a-b). The California Building Energy Efficiency Standards (i.e., Title 24, Part 6 [Energy Code] and Part 11 [CALGreen], of the California Code of Regulations) establish state building energy efficiency requirements for residential and nonresidential buildings, including newly constructed projects . These standards are designed to reduce wasteful and unnecessary energy consumption in newly constructed and existing buildings, as well as meet the goals of California’s Assemb ly Bill (AB) 32 for reducing greenhouse gases (GHG) to 1990 levels by 2020 (California Energy Commission, 2021; California Building Standards Commission, 2021) (see Section VIII, Greenhouse Gas Emissions, of this IS/MND for a discussion of GHG impacts). The City has adopted these standards in the Garden Grove Municipal Code (i.e., Section 18.04.0101). In addition, the City’s General Plan – Conservation Element provides the following energy goals:
• Goal CON -4: Reduce per -capita non -renewable energy waste and city -wide peak electricity demand through energy efficiency and conservation.
• Goal CON -5: Reduce dependency on non -renewable energy resources through the use of local and imported alternative energy sources.

Construction and operation of the proposed project would result in the consumption of energy resources.

Energy consumption during construction would consist of electricity providing temporary power to lighting and equipment as well as fuel for construction vehicles. Per PDF -8, construction-related activities would minimize the use of non-renewable diesel by minimizing the use of diesel-powered equipment or generators, where feasible. Construction-related energy consumption would be minimal in comparison to the operational consumption once the proposed hotel is occupied.

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Energy usage for operation of the proposed project would include both electricity and natural gas, where total electricity usage would be approximately 4,956,901 kilowatt hours per year, and total natural gas usage would be approximately 15,780,088 thousand British thermal units per year (RK, 2022a). Per PDF-11, the proposed project would be designed in compliance with the California Building Energy Efficiency Standards and Garden Grove Municipal Code Section 18.04.0101, including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction. To further ensure the operation of the proposed project would not result in inefficient or wasteful energy consumption or conflict with the City’s energy goals CON-4 and CON-5, Mitigation Measures GHG-2 through GHG-6 (provided below in Section VIII, Greenhouse Gas Emissions, of this IS/MND), which would require the use of renewable energy sources and increase energy effi ciency, such as installing onsite renewable energy sources capable of generating up to 25 percent of the proposed project’s total electricity demand, implementing water conservation strategies, and implementing waste management, recycling, and composting programs to divert 50 percent of waste away from a landfill. Thus, with Mitigation Measures GHG- 2 through GHG -6, implementation of the proposed project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation, nor would it conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Therefore, impacts would be less than significant with mitigation incorporated.

Sources
California Building Standards Commission. 2021. CALGreen Webpage. Available at:
https://www.dgs.ca.gov/BSC/CALGreen (accessed September 2021).

California Energy Commission. 2021. Building Energy Efficiency Standards – Title 24. Available at:
https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards (accessed September 2021).

City of Garden Grove. 2008. Garden Grove General Plan. Available at: https://ggcity.org/planning/general-plan (accessed July 2021).

RK ENGINEERING GROUP, INC. (RK). 2022a. Garden Grove Hotel Site B-2 Air Quality and Greenhouse Gas Impact Study. April. PDF.
1684163.1 Page 41 Page 246 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporated
VII. GEOLOGY AND SOILS. Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other X
substantial evidence of a known active fault
trace? Refer to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure,
including liquefaction and lateral spreading? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss
of topsoil? X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in X
on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect X
risks to life or property?
e) Have soils incapable of adequately
supporting the use of onsite wastewater
treatment systems where sewers are not X
available for the disposal of wastewater?
f) Directly and indirectly destroy a unique
paleontological resource or site or unique X
geologic feature?

Site B-2 Hotel Initial Study/Mitigated Negative Declaration Discussion:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known active fault trace? Refer to Division of Mines and Geology Special Publication 42.

No Impact. Per the Alquist -Priolo Earthquake Fault Zoning Act (Alquist -Priolo A ct), Alquist-Priolo earthquake fault zones are regulatory zones surrounding the surface traces of active faults in California (California Department of Conservation, 2019). Pursuant to the Alquist -Priolo Act and Title 14 Section 3603(a) of the California C ode of Regulations, w herever an active fault exists, if it has the potential for surface rupture, a structure for human occupancy cannot be placed over the fault and must be a minimum distance from the fault (generally fifty feet) , unless proven otherwise by an appropriate geotechnical investigation and report that the site is not underlain by active branches of the active fault. According to the geotechnical investigation prepared for the proposed project (Geocon, 2018) (Appendix E), the project site is not within a state-designated Alquist-Priolo Earthquake Fault Zone for surface fault rupture hazards.

No active or potentially active faults with the potential for surface fault rupture are known to occur in the vicinity (i.e., within 50 feet) of the project site (Geocon, 2018). The nearest active fault to the project site is the Newport-Inglewood Fault Zone, located approximately 7.4 miles south-southwest of the project site (Geocon, 2018). Given this, implementation of the proposed project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known active fault trace. No impact would occur.
ii) Strong seismic ground shaking?
Less than Significant Impact. As discussed above, the project site is not within a state-designated Alquist- Priolo Earthquake Fault Zone and there are n o active or potentially active faults with the potential for surface fault rupture known to occur in the vicinity of the project site. However, the project site is located in the seismically active Southern California region and could be subjected to moderate to strong ground shaking in the event of an earthquake on one of the many active southern California faults. Nearby active faults include the Newport-Inglewood Fault Zone, the Whittier Fault, the Chino Fault, the Elsinore Fault, and the Palos Verdes Fault (offshore segment) located approximately 7.4 miles south -southwest, 10.5 miles northeast, 17 miles northeast, 18 miles east-northeast, and 19 miles southwest of the project site, respectively ( Geocon, 2018). The active San Andreas Fault Zone is located approximately 42 miles northeast of the project site (Geocon, 2018). Also, several buried thrust faults, commonly referred to as blind thrusts, underlie the Los Angeles Basin, including Orange County, at depth greater than 3.0 kilometers (1.86 miles). These faults are not exposed at the ground surface and do not present a potential surface fault rupture hazard at the project site; however, these deep thrust faults are considered active features capable of generating future earthquakes that could result in moderate to strong ground shaking at the project site.
1684163.1 Page 43 Page 248 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration However, the design and construction of the proposed project would be required to comply with the California Building Code as well as comply with the geotechnical investigation recommendations as a condition of approval , which would ensure the proposed development is resistant to the effects of earthquake motions. For example, the California Building Code’s Chapter 16, Structural Design, Section 1613, Earthquake Loads, includes design requirements for structures to resist the effects of earthquake motions (UpCodes, 2019). In addition, Section 8 of the geotechnical investigation prepared for the proposed project includes foundation design recommendations to address seismic forces (Geocon, 2018).

Given this, implementation of the proposed project would not d irectly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. Therefore, impacts would be less than significant impact. iii) Seismic-related ground failure, including liquefaction? Less than Significant Impact. The State of California Seismic Hazard Zone Map for the A naheim Quadrangle indicates that the project site is located in an area designated as having a potential for liquefaction (Geocon, 2018). In addition, the City of Garden Grove Safety Element (20 21) indicates that the project site is located within an area identified as having a potential for liquefaction.

A liquefaction analysis was conducted by Geocon (2018), which concluded that the alluvial soils below the historic high groundwater level at the project site could be susceptible to settlement (ranging from 0.3 inches to 2.6 inches) during ground motion from a Design Earthquake and Maximum Considered Earthquake. However, the proposed project would be designed in compliance with the California Building Code seismic requirements (e.g., Chapter 16, Structural Design, Section 1613, Earthquake Loads, described previously) and would be required to implement the geotechnical investigation’s foundation design recommendations provided in Section 8 related to addressing settlement as a condition of approval, which would ensure seismic-related ground failure, including liquefaction, would not occur.

Furthermore, as a condition of approval, per Section 8.1.2 of the geotechnical investigation, prior to obtaining building permits from the City, additional site exploration and laboratory testing will be required to confirm the existing conditions throughout the project site and provide final design recommendations, which would be incorporated into an updated geotechnical investigation and implemented as a condition of approval (Geocon, 2018). Given this, implementation of the proposed project would not d irectly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death i nvolving seismic-related ground failure, including liquefaction. Therefore, impacts would be less than significant. iv) Landslides?
Less than Significant Impact. The project site ranges from relatively level to gently sloping to the southeast and is not within an area identified by the City of Garden Grove or the County of Orange as having a potential for slope stability hazards (Geocon, 2018). Additionally, the State of California Seismic Hazard Zone Map for the Anaheim Quadrangle indicates t hat the project site is not located within a zone of required investigation for earthquake-induced landslides. There are no known landslides near the project site, nor is the project site in the path of any known or potential landslides (Geocon, 2018). Thus, the potential for landslides to adversely impact the project site is considered low. Given this, implementation of the proposed project would not d irectly or indirectly cause potential substantial adverse effects,

Site B-2 Hotel Initial Study/Mitigated Negative Declaration including the risk of loss, injury, or death involving landslides. Therefore, impacts would be less than significant.
b) Result in substantial soil erosion or the loss of topsoil? Less than Significant Impact. The proposed project includes site clearing and ground disturbance, which has the potential to result in soil erosion and loss of topsoil. However, the preparation and implementation of a Stormwater Pollution Prevention Plan (SWPPP) and Best Management Pra ctices (BMPs), as discussed in Section X (Hydrology and Water Quality) of this IS/MND, during project construction and operation would minimize soil erosion and loss of topsoil. For example, typical soil erosion control and loss of topsoil BMPs would include soil stabilization via application of covers or binders or diverting storm water flows from contacting disturbed soil areas via infiltration basins. Fugitive dust would be controlled in compliance with SCAQMD Rule 403. Compliance with this rule would be achieved through application of standard BMPs, such as application of water or chemical stabilizers to disturbed soils, covering haul vehicles, restricting vehicle speeds on unpaved roads to 15 miles per hour, sweeping loose dirt from paved site access roadways, cessation of construction activity when wind exceeds 25 miles per hour, and establishing a permanent ground cover on finished sites. Compliance with the standard dust control measures would be considered part of conditions of approval for the proposed project and built into the design features (refer to Construction Design Features).

Given this, implementation of the proposed project in conjunction with implementation of a SWPPP and BMPs would not result in substantial soil erosion or the loss of topsoil. Therefore, impacts would be less than significant.
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Less than Significant Impact. As stated above, the project site is not within a state-designated Alquist-Priolo Earthquake Fault Zone for surface fault rupture hazards (Geocon, 2018). No active or potentially active faults with the potential for surface fault rupture are known to occur in the vicinity of the project site. Additionally, as stated above, the State of California Seismic Hazard Zone Map for the Anaheim Quadrangle indicates that the project site is not located within a zone of required investigation for earthquake-induced landslides. Also, the project site is not located within an area of known ground subsidence (Geocon, 2018). No large -scale extraction of groundwater, gas, oil, or geothermal energy is occurring or planned at the project site or in the general project vicinity; thus, there is little to no potential of ground subsidence occurring at the project site or as a result of implementation of the proposed project.

In addition, as state d above, w hile the proposed project is located within an area designated as having a potential for liquefaction and could be susceptible to settlement (ranging from 0.3 inches to 2.6 inches) during ground motion from a Design Earthquake and Maximum Considered Earthquake (Geocon, 2018), the proposed project would be designed in compliance w ith the California Building Code seismic requirements (e.g., Chapter 16, Structural Design, Section 1613, Earthquake Loads, described previously) and would be required to implement the geotechnical investigation’s foundation design recommendations provided in Section 8 related to addressing settlement as a condition of approval, which would ensure seismic -related ground failure, including liquefaction, would not occur . Furthermore, as discussed previously, as a condition of approval, per Section 8.1.2 of the geotechnical investigation, prior to obtaining building permits from the 1684163.1 Page 45 Page 250 of 480
Site B-2 Hotel Initial Study/Mitigated Negative Declaration City, a dditional site exploration and laboratory testing will be required to confirm the existing conditions throughout the project site and provide final design recommendations, which would be incorporated into an updated geotechnical investigation and implemented as a condition of approval (Geocon, 2018). Given this, the proposed project would not be located on a geologic unit or soil that is unstable, nor that would become unstable as a result implementation of the proposed project, potentially resulting in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Therefore, impacts would be less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? No Impact. Based on the geotechnical investigation performed for the proposed project, it is recommended, at a minimum, that the upper 6 feet of existing site soils within the proposed on-grade building footprint areas be excavated and properly compacted for foundation and slab support. The upper 5 feet of existing soils encountered at the project site during this investigation are considered to have a “very low” expansive potential and are classified as “non -expansive” per the California Building Code (Geocon, 2018). Given this, the proposed project would not be located on expansive soil. No impact would occur. e) Have soils incapable of adequately supporting the use of onsite wastewater treatment systems where sewers are not available for the disposal of wastewater? No Impact. The proposed project would connect with the existing municipal sewer system, and thus would not require the use of onsite wastewater treatment systems. No impact would occur. f) Directly and indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant with Mitigation Incorporated. According to the Site B -2 Hotel Project: Cultural, Paleontological and Tribal Cultural Resources Technical Memorandum prepared by AECOM (2022) (Appendix D), the sensitivity of the proposed project to encounter significant fossil remains appears low to mod erate.

The paleontological records search indicated that surficial deposits of Late Pleistocene to Holocene silty sand alluvial fan sediments exist in the project site. No fossil specimens are known to have been documented within the project site, but these deposits have yielded fossils in the region, typically at depths of greater than 6 feet below surface. Paleontological sensitivity increases with depth as older alluvial deposits in the region have yielded vertebrate fossil specimens.

Past building and demolition activities within the project site likely removed some overlying soil, and artificial or disturbed fill may be present in the upper levels. However, intact deposits of fossil -bearing Pleistocene sediments have the potential to be encountered at depths below 6 feet within the project site. Specifically, shallow grading and other ground- disturbing activities less than 6 feet below surface are not likely to encounter fossil specimens but deeper excavation activities for building foundations or the p arking garage have low to moderate potential to encounter paleontological remains.

To address this low to moderate potential, Mitigation Measure G -1 would apply in the event that fossil specimens are encountered at the project site. With implementation of Mitigation Measure G-1, the proposed project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Therefore, impacts would be less than significant.