70. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the City Attorney's office and Community Development Department prior to building permit issuance. The approved CC&R’s shall be recorded at the same time that the subdivision map is recorded
Exhibit “A” Page 16
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
and two copies (a hard copy and an electronic copy) of the recorded CC&R’s shall be provided to the Planning Divi sion. The CC&R's shall include the following stipulations and/or provisions:
a. All units shall maintain the ability to park two (2) cars within the garages at all times. Unless otherwise permi tted by State Law, garages shall not be converted to any other use.
b. There shall be no business activities, day care, or garage sales conducted within or from the garages.
c. Parking spaces in the garages shall be made available to the occupants of the unit at all times.
d. Residents shall not park or store vehi cles anywhere on the site except within the designated parking spaces in the garages for their dwelling unit. However, the four (4) unassigned open, guest parking spaces, located along the southerly property line of the development, may be utilized by residents or guests for te mporary parking. Any issues arising from the use, application, or restriction of such open parking spaces shall be at the resolve of the Homeowner’s Association (HOA). e. All graffiti vandalism shall be ab ated within the premises. Best management practices shall be implemented 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, an necessary. Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.
f. Each residence shall be utilized as on e (1) dwelling unit. No portion of any residence shall be utilized or rented as a separate dwelling unit. g. The CC&R’s shall include provisions providing the owners or tenants a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters for a development of this type.
This shall also include scheduling of maintenance of such items as the recreation area, landscape area mainte nance, etc. This also includes ensuring tree overhangs do not block or hinder any vehicles such as street sweepers, trash trucks, fire trucks, etc., from maneuvering around the cul-de-sac.
h. Storage of boats, recreational vehicles, or commercial vehicles on the property is prohibited.
Exhibit “A” Page 17
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, and open space areas within the interior of the development, and the landscape setback areas outside the development walls adjacent to Brook hurst Street and Central Avenue is the responsibility of the Homeowner’s Association, including the common landscaped areas.
j. Each unit shall have a minimum of 120 cubic feet of storage space, which may be provided in the garage parkin g areas, and typical closet space within the unit shall not count toward this requirement. k. Each unit shall maintain a private open space area with minimum dimension of six feet (6’-0”) in an y direction and a minimum vertical clearance of eight feet (8’-0”).
l. All recreation areas, landscaping al ong the front and side yards of each unit, the project site entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained for the life of the project and such maintenance provisions shall be included in the CC&R’s.
m. The common recreation areas, as i dentified on the approved site plan, shall be equipped with outdoor furniture, a BBQ area, and community gardens, subject to review by the Planning Services Division, and Building and Safety Division.
n. There shall be no parking allowed alon g the shared drive aisle, except within the designated parking areas and striped parallel parking spaces.
All curbs not designated as parking areas shall be painted red. The applicant shall post “No Parking” signs along the drive aisle. o. The maintenance of the shared driveway, storm drains, sewer system, and open space areas is the responsibi lity of the applicant and property owner(s), including the common recreation areas, and the common landscape areas.
p. Each unit shall be provided with an air conditioning condensing unit and/or system so that there are no wall-mounted or window mounted units. If units are located on the roof, an architectural design of the roof areas shall be done to effectively screen su ch units from adja cent properties and the public right-of-way.
q. Mailboxes shall be provided and installed by the applicant. The local postmaster shall approve the design and location.
r. Each unit shall be provided with washer and dryer hook-ups.
Exhibit “A” Page 18
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
s. Each unit shall have phone jacks and cable-TV outlets in all rooms, except in the hallways and bathrooms.
t. The Conditions of Approval for Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 shall be incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs.
u. The following provisions shall be included within the CC&R’s (in substantially the same form as below or as otherwise approved by the City Attorney):
i. Compliance with Stormwater Quality Regulations. The Homeowner's Association shall implement, and fund implementation of, the Operation and Maintenance (“O&M”) Plan for the Property, which was approved by the City as part of the Water Quality Management Plan (“WQMP”) required for development of the Property, and shall operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan for the Property, which includes:
1. Description of all post-construction BMPs (non-structural and structural),
2. Description of the Property owner’s(s’) responsibilities and required training of persons performing BMP
implementation, operation and maintenance,
3. Implementation frequency and operating schedule,
4. Inspection/maintenance frequency and schedule,
5. Specific maintenance activities,
6. Required permits from resource agencies, if any,
7. Forms to be used in documenting implementation,
operation and maintenance activities,
8. Recordkeeping requirements.
A copy of the approved O&M Plan is described in the current WQMP for the Project, as it may be amended from time to time according to its terms, which is on file with the City of Garden Grove Community Development Department, and is incorporated herein by this reference. The Committee shall maintain a copy of the current WQMP at a location on the Property.
Exhibit “A” Page 19
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
The Property shall be, and the Homeowner's Association shall ensure that the Property is used and maintained in full compliance with the provisions of the O&M Plan and Chapter 6.40 (Stormwater Quality) of the Garden Grove Municipal Code, as it may be amended. The City shall have the right to inspect the Property for the purpose of verifying compliance with this provision. The City of Garden Grove shall be an intended third-party benef iciary to this provision. The City shall have the right and authority, but not the obligation, to enforce this provision by any lega l or equitable means, or by any method available to the Property owners as provided elsewhere in the Declaration, against the Decl arant, Homeowner's Association, Owners, their successors and assigns, or other persons in possession of the Property. This provision shall not be amended or terminated without the written approval of the City of Garden Grove Community Development Department.
ii. Enforcement: The City is hereby made a party to this Declaration solely for purposes of enforcing it s provisions and the Conditions of Approval of Site Plan No. SP-127-2023 and Tentative Tract Map No.
TT-19273. The City, its agents, departments and employees shall have the unrestricted right and authority, but not the obligation, to enforce the provisions of this De claration and the Conditions of Approval of Site Plan No. SP-127-2023 and Tentative Tract Map No.
TT-19273. In the enforcement of this Declaration, the City shall not be limited to the procedures or processes described in this Declaration and may use any remedy provided under law or equity, including the City’s Municipal Code. The City, its agents, departments and employees may further refuse to issue any building, electrical or plumbing per mit that may be in violation of these Declarations for Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 approvals. However, the City shall not be liable for failing or refusing to enforce the provisions of these Declarations or the Conditions of Approval of \Site Plan No. SP-127-2023,and Tentative Tract Map No. TT-19273. The alternative dispute resolution provisions set forth in Section / Article [SECTION] of this Declaration shall not apply to or legally bind the City.
iii. Assessments: The City may levy special assessments against the properties in connection with its actions to enforce the conditions of this Declaration for Site Plan No . SP-127-2023, and Tentative Tract Map No. TT-19273 approvals, or to abate the violation thereof. The City shall have the same power as the Association to levy special assessments pursuant to the provisions of [SECTION] of this Declaration in the event that it incurs expenses in the enforcement
Exhibit “A” Page 20
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
of the conditions of these Declarations -for Site Plan No.
SP-127-2023 and Tentative Tract Map No. TT-19273. Notice of intention to make such assessment shall be mailed by the City to the Owner of each affected [LOT/UNIT] affording the Owner thirty (30) days’ notice to satisfy or reimburse the City’s expenditure. In the event of the failure of any Owner of any affected [LOT/UNIT] to reimburse the City within thirty (30) days, notice of such assessment shall be mailed by the City to said Owner, and said assessment shall thereafter be due as a separate debt to the City within thirty (30) days following the mailing of such notice. Any such delinquent assessment may be and may become a lien upon the interest of the defaulting Owner in the Lot upon the execution by the City and the recording in the Orange County Reco r d e r ’ s o f f i c e o f a n o t i c e o f delinquent assessment under the same conditions that the Association could record the same pursuant to the provisions of [SECTION]. The City may foreclose on such notice of delinquent assessment in the same manner and with the same power as the Association could foreclose on such notice pursuant to the provisions of [SECTION]. It is the intent of Declarant, which intent shall be binding upon all of Declarant’s successors in interest in the Properties, that the City shall be deemed an interest holder pursuant to the provisions of these Declarations in order to enforce the rights which have been given to the City generally in these Declarations and specifically pursuant to this Section.
iv. Attorney Fees: The City shall be entitled to recover its attorney’s fees incurred in connection with its actions to enforce the conditions of these Declarations for Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 approvals, or to abate the violation thereof. v. Public Safety Access: The Police and Fire Department personnel may enter upon any part of the common area for the purpose of enforcing State and Local laws.
vi. Modification/Termination: This Declaration shall not be terminated or substantially amended without the prior written approval of the City of Garden Grove Community Development Department.
71. Should the applicant elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community Development Department prior to releasing units for model purpos es. 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 landscaping, walls, street improvements, and underground utilities, shall be completed in the first phase. The phasing plan shall be approved by the Community Development, OCFA, and Pu blic Works Departments prior to
Exhibit “A” Page 21
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
issuance of building permits. Notwiths tanding if the applicant elects to construct the Project in phases, the applicant shall record a single final map, not multiple phased final maps, and the CC&Rs shall apply to the entire property covered by the Tentative Tract Map at the time of recordation.
72. Hours and days of construction and grading shall be as set forth in the City of Garden Grove Municipal Code Chapter 8.47 as adopted, except that:
a. Monday through Friday – not before 7:00 a.m. and not after 5:00 p.m. b. Saturday – not before 8:00 a.m. and not after 5:00 p.m. All construction activity on Saturday shall be limited to interior construction only. c. Sunday and Federal Holidays – no construction shall occur.
73. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust) that includes dust minimization measures, th e use of electricity from power poles rather than diesel or gasoline powered generators, and the use methanol, natural gas, propane or butane vehicles instead of gasoline or diesel-powered equipment, where feasible. Also, use of solar, low emission water heaters, and low sodium parking lot lights, shall be required to ensure compliance with Title 24. Applicant and its contractor sh all also comply with all applicable California Air Resources Board (CARB) regulations, including CARB’s Regulation for In-Use Off-Road Diesel-Fueled Fleets.
74. 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 Planning Services Division. Lighting adjacent to residential properties shall be restricted to low decorative type wall-mounted lig hts, or a ground lighting system.
Lighting shall be provided throughout all private 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.
75. The main drive aisle serves the entire project for vehicular circulation. The applicant shall utilize effective signage, and/or other acceptable means (i.e., a painted/marked red fire lane), to communicate to residents and guests that there shall be no parking in front of the parking structure or anywhere within the drive aisle. Additionally, the applicant shall ensure and enforce lease or other restrictions providing that there will be no long-term parking of vehicles in the guest parking spaces and that guest parking spaces shall not be reserved for any particular units.
76. There shall be no deliveries from or to the premises before 7:00 a.m. and after 10:00p.m., seven (7) days a week.
77. All new block walls, and/or retaining wall(s), including existing block walls to remain, if any, shall be shown on the grading plans. Block walls shall be
Exhibit “A” Page 22
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
developed to City Standards or design ed by a Registered Engineer and shall be measured from on-site finished grad e. The applicant shall provide the following:
a. All block walls shall comply with the requirements of Section
9.12.040.010.U of the Municipal Code. Where allowed, no walls greater than 36-inches (3’-0”) in height shall be constructed within the driveway vision clearance area of the project’s entrance.
b. Decorative masonry walls are required along the south, east, and west property lines and shall be constructed to a minimum height of 6’-0”, as measured from highest point of finish ed grade. The block walls shall be decorative and utilize stucco finish, sl ump stone or split-face block, and shall include trailing vine s, hedges planted along th e base of the exterior face, or other landscaping treatments that deter graffiti. c. The applicant shall work with the existing property owners along the project perimeter in designing, constructing, and maintaining the required perimeter block walls. This requirement is 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 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 applicant shall work with City Staff to address this situation. The Community Deve lopment Director shall be authorized to approve minor alterations the size and/or location of the landscape planter to accommodate the placement of such wall.
78. All recreation areas, landscaping al ong the interior project street and entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained by the applicant for the life of the project.
79. Construction plans and specifications shall state that in the event that potential paleontological resources are discovere d during excavation, grading, or construction activities, wo rk shall cease within 50 feet of the find until a qualified paleontologist (who meets th e Society of Vertebrate Paleontology’s (SVP, 2010) definition for qualified prof ession paleontologist) has evaluated the find. If a fossil is determined to be significant, the qualified paleontologist shall implement a paleontological salvage program to remove the resources from their location, following the gui delines of the SVP (2010). Any fossils encountered and recovered shall be prepare d to the point of identification, catalogued, and curated at a public, no n-profit institution with a research interest in the material and with retr ievable storage, such as the Natural
Exhibit “A” Page 23
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school.
If any fossil remains are discovered, the paleontologist shall make a recommendation whether monitoring shall be required for the continuance of earth moving activities. Prior to commencement of grading activities, the City of Garden Grove Building and Safety Di vision, shall verify that all project grading and construction plans specify the requirements herein related to the unanticipated discovery of paleontological resources.
After completion of the salvage and cura tion of any resources, the qualified paleontologist shall prepare a report summarizing the results of the monitoring and salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and th eir significance. The report shall be submitted to the City Director of the City Community Development Department, or designee, and the Natural History Museum of Los Angeles County.
80. The applicant shall comply with the Mi gratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5 and 3515 of the California Fish and Game regulations.
Prior to issuance of grading or demo lition permits that include vegetation and/or tree removal activities that will occur within the active breeding season for birds (February 1 through September 15), the project applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a professional biologist that is familia r with local birds and their nesting behaviors) to conduct a nesting bird survey no more than 3 days prior to commencement of construction activities.
The nesting survey shall include the project site and areas immediately adjacent to the site that could potentially be affected by project-related construction activities, such as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet (ft) of the designated construction area prior to construction, the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as much as 500 ft for raptors and 300 ft for non-raptors [subject to the recommendations of the qualified biologist]), and the buffer areas shall be avoided unt il the nests are no longer occupied and the juvenile birds can survive independently from the nests.
Prior to commencement of grading acti vities and issuance of any building permits, the City Community Development Director, or designee, shall verify that all project grading and construc tion plans are consistent with the requirements of the Migratory Bird Tr eaty Act and California Fish and Game Code Sections 3503.5, 3511, and 3515, as stated above, that pre-construction surveys have been completed (if needed) and the results reviewed by staff,
Exhibit “A” Page 24
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.
81. The project shall provide a trash enclosure that serves the entire development.
The trash bins shall be kept inside the tr ash room at all times, except during disposal and pick-up. The HOA shall prov ide sufficient trash bins and pick-up to accommodate the site pursuant to Condition No. 15.
82. Prior to issuance of grading permits, a temporary project i dentification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project. The sign shall include the name and address of the development, and the developer’s name, address, and a 24-hour emergency telephone number.
83. Litter shall be removed daily from the pr oject site, including adjacent public sidewalk and all perking areas under the control of the applicant. The areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.
84. There shall be no parking allowed alon g any drive-aisle blocking vehicular access to the garage of each unit, except within the designated parking areas.
The applicant shall post “No Parking” signs along the drive aisle.
85. At applicant’s request, applicant has been granted State Density Bonus allowances for reduced parking and the following one (1) concession and five (5) waivers from applicable developme nt standards: (1) a concession to deviate from the open space amenity requirements (GGMC Section
9.12.040.050.J.7.d); (2) a waiver to re duce the distance separation between two buildings from ten feet (10’-0”) to seven feet and six inches (7’-6”) (GGMC Section 9.12.040.050.A.1); (3) a waiver to reduce the width of the active recreation area from thirty feet (30’-0”) to fifteen feet (15’-0”) (GGMC Section
9.12.040.050.J.7.d); (4) a waiver to allo w a six-foot (6’-0”) tall block wall to be constructed within the front setback along Brookhurst Street (GGMC Section
9.12.040.140.J); (5) a waiver to reduce the landscape setback along Brookhurst Street from fifteen feet (15’-0”) to ten feet (10’-0”) (GGMC Section
9.12.040.090.Q), and (6) a waiver to allow the private open space to be located within the front setback area (GGMC Section 9.12.040.020.D). a. To comply with the provisions of Government Code Section 65915, the applicant has offered to, and shall, reserve at least three (3) dwelling units in the project, consisting of two (2) PL1 units and one (1) PL2 unit, as identified on the approved pl an, for sale to moderate-income households commencing with the issuance of the certificate of occupancy for the project. The specific units to be reserved shall be subject to City approval.
Exhibit “A” Page 25
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
b. The applicant shall comply with the requirement to sell the target units to “moderate-income” households at an affordable rate as required by the Garden Grove Municipal Code and State Law.
c. Pursuant to State law, the Garden Grove Municipal Code, and the City’s Density Bonus Agreement Guidelines, the record owner or owners of the subject property shall enter into a density bonus and/or affordable housing regulatory agreement with the City, which satisfies the criteria set forth in subdivision (c) of Government Code Section 65915 and Garden Grove Municipal Code Section 9.60.050. This agreement will require, among other things, that the initial buyer of each “moderate-income” unit enter into a regulatory agreement and other associated agreements with the City in a form prepared by the City to ensure compliance with all applicable legal requirements. In addition to a regulatory agreement, agreements buyers of the affordable units may be required to execute may include, without limitation, a promissory note, a deed of trust, an equity sharing agreement, and an option agreement.
d. The regulatory agreement and associated agreements and documents shall be prepared by the City at the applicant/owner’s expense, and the applicant and/or owner shall pay a pplicable fees pursuant to GGMC Section 9.60.050.G and reimburse the City for the actual fees and costs charged for the services of attorneys and/or other professional third- party consultants engaged by the City to provide consultation, advice, analysis, and/or review and/or preparation of documents in connection with preparation of the regulatory agreement, and, to the extent applicable, review of the initial marketing plan and management plan required as part of the regulatory agreement, determination of affordable housing costs and initial maximum sales prices, verification of initial buyer qualif ications, review of annual compliance reports submitted pursuant to the regulato ry agreement, and inspections and audits provided for in the regulatory agreement.
e. Prior to preparation of the regulatory agreement, applicant and/or property owner shall execute a reimbursement agreement with the City, in a form approved by the City Atto rney, and provide a deposit to the City in an amount sufficient to cover the estimated professional fees and costs to be incurred by the City for preparation of the agreement, as determined by the Department Director, in his or her reasonable discretion.
f. The regulatory agreement shall be approved by the City and recorded prior to approval of the Final Ma p. The regulatory agreement shall remain a senior, non-subordinate covenant and as an encumbrance running with the land for the full term thereof.
Exhibit “A” Page 26
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
g. In no event shall the regulatory agreement be made junior or subordinate to any deed of trust or other documents providing financing for the construction or operation of the project, or any other lien or encumbrance whatsoever for the entire term of the required covenants.
86. The applicant shall submit a signed letter acknowledging receipt of the decision approving Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273 and his/her agreement with all conditions of the approval.
87. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with a pproval of General Plan Amendment No. GPA-001-2023, Zoning Amendment No. A-036-2023, Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 shall be implemented. In addition, the project is subject to the Mitigation Monitoring and Reporting Program adopted by the Ci ty Council as part of the Mitigated Negative Declaration. In or der 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/applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.
88. Final Tentative Tract Map No. TT-19273 shall be approved by the City and recorded by the applicant prior to issuance of building permits for the proposed development.
89. 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 proceedi ng against the City, its officers, agents, employees and/or cons ultants, which action seeks to set aside, void, annul or otherwise challeng e any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning General Plan Amendment No. GPA-001-2023, Zoning Amendment No. A-036-2023, Site Plan No. SP-127-2023, and/or Tentative Tract Map No.
TT-19273127. 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.
90. 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.
Exhibit “A” Page 27
Site Plan No. SP-127-2023, and Tentative Tract Map No. TT-19273 Conditions of Approval
FINAL
SP-127-2023 and Tentative Tract Map No. TT-19273 shall be valid for a period of two (2) years from the effective da te 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-127-2023 and Tentative Tract Map No. TT-19273 shall become null and void if the subject development and construction necessary and incidental thereto is not commenced within two (2) 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-127-2023 and Tentative Tract Map No. TT-19273 shall expire if the building permits for the project expire.
RESOLUTION NO. 6079-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE
RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION AND AN ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE BROOKHURST AND CENTRAL TOWNHOME PROJECT AT 13252 BROOKHURST STREET AND 10052 CENTRAL AVENUE, ASSESSOR'S PARCEL NOS. 099-031-01, 099-031-02, 099-031-08, and 099-031-09 WHEREAS, Melia Homes Inc., the applicant, submitted a request to develop a
1.22 acre site with a new multiple -family residential project consisting of thirty townhomes, along with associated site improvements, on a property located at the southeast corner of Brookhurst Street and Central Avenue a t 13252 Brookhurst Street and 10052 Central Avenue, Assessor’s Parcel No. 099 -031-01, 099-031-02, 099-031-08, and 099-031-09; and
WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendm ent to amend the General Plan Land Use Designations of the properties from Light Commercial (LC) and Low Medium Density Residential (LMR) to Medium Density Residential (MDR) to facilitate the development of the residential project; (ii) a Zoning Amendment to change the zoning of the subject properties from C -1 (Neighborhood Commercial) and R -2 (Limited Multiple Residential) to R -3 (Multiple-Family Residential) to facilitate the development of the residential project; (iii) Site Plan approval to construct thirty (30) three-story townhomes along with associated site improvements; and (iv) Tentative Tract Map approval to create a one -lot subdivision for the purpose of selling each townhome as a condominium (collectively, the “Project”).
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 prepare d for the proposed Project 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 and is attached to the Mitigated Negative Declaration listing the mitigation measures to be monitored during Project implementation; and
WHEREAS, the Mitigated Negative Declarati on with mitigation measures was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines; and
WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission adopted Resolution No. 6077-23 recommending the Garden Grove City Council approve General Plan Amendment No. GPA-001-2023 and Zone Amendment No. A-036-2023, and Resolution No. 6078-23 recommending the Garden Grove City Council approve Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273; and
WHEREAS, at its regular meeting held December 7, 2023, the Planning Commission of the City of Garden Grove held a duly noticed public hearing and considered the report submitted by City staff and all oral and written testimony presented regarding the Project, the initial study, and the proposed Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED as follows:
1. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CE QA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared, and it has been determined that the Project qualifies for a Mitigated Negative Declaration because the Project with the propos ed mitigation measures cannot, or will not, have a significant effect on the environment. The Mitigated Negative Declaration with mitigation measures was prepared and ci rculated in accordance with CEQA and CEQA's implementing guidelines.
2. The Planning Commission has consi dered the proposed Mitigated Negative Declaration together with comments received during the public review process.
3. The Planning Commission finds that the Mitigated Negative Declaration reflects the City's independent judgment and analysis.
4. The Planning Commission finds on the basis of the whole record before it, including the initial study and comments re ceived, that there is no substantial evidence that the Project, with the pr oposed mitigation measures, will have a significant effect on the environment.
5. The Planning Commission hereby re commends the City Council adopt the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project.
Adopted this 7th day of December 2023
ATTEST: /s/ JOSH LINDSAY ___
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 Reso lution was duly adopted by the Planning Commission of the City of Garden Grov e, California, at a meeting held on December 7, 2023, by the following vote:
AYES: COMMISSIONERS: (6) ARBGAST, CUEVA, CUNNINGHAM,
LARICCHIA, LINDSAY, PAREDES
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (1) RAMIREZ
/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 time ly appealed to the City Council. Appeal deadline is January 2, 2024.