ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING (1) ZONING AMENDMENT NO. A-040-2024 TO AMEND THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE ZONING OF AN APPROXIMATLY 0.88-
ACRE PARCEL LOCATED ON THE EAST SIDE OF NEWHOPE STREET, NORTH OF GARDEN GROVE BOULEVARD, AT 12828 NEWHOPE STREET, ASSESSOR’S PARCEL NO. 090-671-07, FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-019-2024) ZONING WITH AN R-3 (MULTIPLE- FAMILY RESIDENTIAL) BASE ZONE; AND (2) RESIDENTIAL PLANNED UNIT DEVELOPMENT NO. PUD-019-2024 TO FACILITATE THE DEVELOPMENT OF A 15-
UNIT RESIDENTIAL DETACHED CONDOMINIUM PROJECT ON THE SUBJECT SITE
CITY ATTORNEY SUMMARY
This Ordinance approves an amendment to the City’s official zoning map to change the zoning of an approximately 0.88 -acre parcel located at 12828 Newhope Street (Assessor's Parcel No . 090-671-07), from R -1 ( Single- Family Residential ) to residential Planned Unit Development (PUD-019- 2024) zoning with an R-3 (Multiple-Family Residential) base zone to permit and facilitate a new multiple-family residential project consisting of fifteen (15) detached condominium units, along with associated site improvements.
This Ordinance also approves residential Planned Unit Development No. PUD-019-2024 establishing residential planned unit development zoning regulations applicable to the subject site. The residential project authorized by Planned Unit Development No. PUD -019-2024 shall be implemented through development in compliance with Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No. V-042-2024, as approved by the Garden Grove City Council on May 14, 2024.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE FINDS AND DETERMINES AS FOLLOWS:
WHEREAS, Olson Urban Housing, LLC., the applicant, submitted a request to develop a 0.88-acre site with a new multiple -family residential project consisting of fifteen (15) residential units, along with associated site improvements, on properties located on the eas t side of Newhope Street, north of Garden Grove Boulevard, at 12828 Newhope Street, Assessor’s Parcel No. 090-671-07 (the “Property”); and
WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) zoning map amendment to re-zone the subject property from R -1 (Single -Family Residential) to residential Planned Unit Development (PUD-019-2024) zoning with an R -3 (Multiple -Family Residential) base zone; (ii) residential Planned Unit Development to facilitate the development of the project; (iii) Site Plan approval to construct fifteen (15) three-story detached homes along with associated site improvements; (iv) with a Vesting Tentative Tract Map to create Garden Grove City Council
Ordinance No.
a one-lot subdivision for the purpose of selling each dwelling unit as a condominium; and (v) a Variance to deviate from the minimum property size to establish a residential Planned Unit Development (collectively, the “Project”); and
WHEREAS, the Property currently has a General Plan Land Use Designation of Medium Density Residential (MDR) and is zoned R-1 (Single-Family Residential); and
WHEREAS, Planned Unit Development No. PUD-019-2024 with an R -3 (Multiple-Family Residential) base zone will establish zoning regulations governing the Property and the development of the proposed residential project; and
WHEREAS, the implementation provisions and standards of development for Planned Unit Development No. PUD-019-2024 are set forth in Planning Commission Resolution No. 6086-24 and shall apply to the initial development of the residential project; the base zone shall be R -3 (Multiple-Family Residential); and the project shall be impleme nted through development in compliance with Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No.
V-042-2024, as approved by the Garden Grove City Council, including all related conditions of approval and/or duly approved amendments thereto; and
WHEREAS, development of the proposed Project will not require the replacement of any occupied or vacant protected units pursuant to Subdivision (b) of Government Code Section 66300.6; and
WHEREAS, an Initial Study and proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Project in accordance with the California Environmental Quality Act, California Public Resources Code Section 2 1000 et seq. ("CEQA"), and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq.; and
WHEREAS, following a public hearing held on April 18, 2024, the Garden Grove Planning Commission adopted: (1) Resolution No. 6086-24 recommending the Garden Grove City Council to approve Amendment No. A-040-2024 and Planned Unit Development No. PUD -019-2024; (2) Resolution No. 6087 -24 recommending that the City Council approve Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT -19298, subject to specified Conditions of Approval; and (3) Resolution No. 6088-24 recommending that the City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project; and
WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Mitigated Negative Declaration was held by the City Council on May 14, 2024, and all interested persons were given an opportunity to be heard; and Garden Grove City Council
Ordinance No.
WHEREAS, on May 14, 2024 , the City Council adopted Resolution No. ____ adopting a Mitigated Negative Declaration and Mitigation Monitoring and Report ing Program for the Project, and Resolution No. ____ contingently approving Site Plan No.
SP-136-2024, Variance No. V -042-2024, and Vesting Tentative Tract Map No. TT- 19298; and
WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of May 14, 2024, and considered all oral and written testimony presented; and
WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6086 -24 and makes the following findings regarding Zoning Amendment No. A-040-2024:
A. Amendment No. A-040-2024 is internally consistent with the goals, policies, and elements of the General Plan.
B. Amendment No. A-040-2024 is deemed to promote the public interest, health, safety and welfare.
C. The proposed zone change will ensure a degree of compatibility with surrounding properties and uses.
D. The parcels covered by the proposed amendment to the Zoning Map are physically suitable for the requested land use designation(s), compatible with the surrounding land uses, and consistent with the General Plan.
E. Approval of Amendment No. A-040-2024 is consistent with Government Code Section 66300 because it will increase the permitted residential density of the subject parcel and will not change the zoning of the subject parcels to a less intensive use or reduce the intensity of land use within a zoning district below what was allowed under zoning for the parcel in effect on January 1, 2018.
F. The “No Net Loss” provisions of Government Code Section 65863 and Section
9.60.030 of the Garden Grove Municipal Code do not apply because approval of Amendment No. A-040-2024 will not require or permit the reduction of the allowable residential density for any housing element parcel.
WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Res olution No. 6086 -24 and makes the following findings regarding Planned Unit Development No. PUD-019-2024:
Garden Grove City Council
Ordinance No.
A. That the location, design and proposed uses are compatible with the character of existing development in the vicinity and will be well integrated into its setting.
B. That the plan will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding or access streets.
C. That the provision is made for both public and private open spaces.
D. That provision is made for the protection and maintenance of private areas reserved for common use.
E. That the quality of the project achieved through the planned unit development zoning is greater than could be achieved through traditional zoning.
NOW, THEREFORE, THE CITY COUNCIL O F THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct.
Section 2. City Council Resolution No. ____ adopting a Mitigated Negative Declaration and Mitigation Monitoring and Report ing Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.
Section 3. The facts and reasons stated in Planning Commission Resolution No. 6086-24 recommending approval of Zoning Amendment No. A -040-2024 and Planned Unit Development No. PUD-019-2024, a copy of which is on file in the Office of the City Clerk, are hereby incorporated herein by reference with the same force and effect as if set forth in full.
Section 4. Zoning Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024 are hereby approved, subject to the implementation provisions and development standards set forth in Planning Commission Resolution No. 6086-24.
Section 5. The property shown on the map attached hereto is hereby zoned to residential Planned Unit Development zoning (PUD -019-2024) with R -3 (Multiple-Family Residential) base zoning, as shown thereon. Zone Map part Q-12 is amended accordingly.
Section 6 . Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Garden Grove City Council
Ordinance No.
City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any o ne or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional.
Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect on the date that is thirty (30) days after adoption.
Garden Grove City Council
Ordinance No.
CITY OF GARDEN GROVE
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING SERVICES DIVISION
APRIL 2024
Exhibit “A”
A-040-2024, & PUD-019-2024
LEGEND
SUBJECT SITE(S)
APN: 090-671-07
NOTES
1. SITE ADDRESS – 12828 NEWHOPE STREET
2. CURRENT ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL)
3. PROPOSED ZONING: PUD -019-2024 WITH AN R-3 (MULTIPLE-FAMILY
RESIDENTIAL) BASE ZONE