item 17 Adoption of Resolutions for: Approval of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tra

GARDEN GROVE CITY COUNCIL

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING SITE PLAN NO. SP-136-2024, VARIANCE NO.

V-042-2024, AND VESTING TENTATIVE TRACT MAP NO. TT-19298, FOR A

PROPERTY LOCATED ON THE EAST SIDE OF NEWHOPE STREET, NORTH OF GARDEN GROVE BOULEVARD, AT 12828 NEWHOPE STREET (ASSESSOR'S PARCEL NO. 090-671-07).

WHEREAS, Olson Urban Housing, LLC., the applicant, submitted a request to develop a 0.88-acre site with a new multip le-family residential project consisting of fifteen (15) detached condominiums, along with associated site improvements, on a property located on the east side of Newhope Street, north of Garden Grove Boulevard, at 12828 Newhope Street, Assessor’s Parcel N o. 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) a Vesting Tentative Tract Map to create 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 res idential Planned Unit Development (collectively, the “Project”); and

WHEREAS, the project site is comprised of a parcel with a combined area of approximately 0.88 acres, and is located on east side of Newhope Street, north of Garden Grove Boulevard; and

WHEREAS, the Property has a General Plan Land Use Designation of Medium Density Residential (MDR), and is currently zoned R-1 (Single-Family Residential); and

WHEREAS, the Property abuts R-1 zoned properties to the east, and Planned Unit Development No. P UD-102-72 to the north, south, and west, across Newhope Street; and

WHEREAS, the proposed development will feature fifteen (15) three -story detached condominium units, with each unit approximately 1,675 square feet, and consisting of three (3) or four (4) bedrooms, three (3) or four (4) full bathrooms, an attached two-car garage, and a front porch; and associated site improvements that will consist of a shared drive aisle, two (2) guest parking space, common recreation areas and associated amenities, and on-site landscaping; and

WHEREAS, the Project has been designed to comply with the implementation provisions and standards of development for Planned Unit Development No.

PUD-019-2024, as set forth in Planning Commission Resolution No. 6086-24, and the Development Standards of the R -3 base zone set forth in Section 9.12.040 of the Garden Grove Municipal Code; and

WHEREAS, 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 the Project will not require or permit the reduction of the allowable residential density for any housing element parcel; 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, following a public hearing held on April 18, 2024, the Garden Grove Planning Commission adopted: (i) Resolution No. 6086-24 recommending the Garden Grove City Council approve Amendment No. A -040-2024 and Planned Unit Development No. PUD-019-2024; (ii) Resolution No. 6087-2024 recommending the Garden Grove 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 (iii) Resolution No. 6088-24 recommending the Garden Grove 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, 2024, and all interested persons were given an opportunity to be heard; and

WHEREAS, concurrently with the adoption of this Resolution, the City Council introduced an Ordinance and conducted the first reading of an Ordinance approving Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024, and adopted a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, the City Council gave due a nd 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 of the City of Garden Grove hereby makes the following findings regarding Site Plan No. SP -136-2024, Variance No. V -042-2024, and Vesting Tentative Tract Map No. TT-19298:

NOW, THEREFORE, the City Council of the City of Garden Grove does hereby resolve as follows:

1. The City Council finds that the above recitals are true and correct.

2. City C ouncil Resolution No. ____ adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.

3. The City Council of the City of Garden Grove hereby makes the following findings regarding Site Plan No. SP-136-2024:

1. The proposed development project is consistent, in compliance, and conformity with the applicable, objective standards, provisions, conditions or requirements of the General Plan, Title 9, or other applicable ordinances or policies of the City.

The proposed project includes the construction of fifteen (15) residential units, along with associated site improvements, including, but not limited to a private drive aisle, visitor parking adjacent to the main entrance, driveways at each garage with additional parking spaces, a common recreation area, private open space areas at the rear yards of each lot, and site landscaping improvements.

With th e approval of Amendment No. A -040-2024, and Planned Unit Development No. PUD-019-2024, the subject site will be zoned PUD-019-2024 with an R -3 (Multiple -Family Residential) base zone. The MDR land use designation is intended to create, maintain, and enhanc e residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR land use designation is implemented by the R -3 zone, which is intended to provide for a variety of types and densities of multiple - family residential dwellings. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:

Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of res idential property maintenance to preserve residents’ real estate values and their high quality of life. The proposed development of fifteen (15) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed development will ensure maintenance of all common areas, such as the private drive aisle, guest parking areas, the common recreation area, and street frontage landscaping, which will be the responsibility of the Homeowner’s Association to ensure proper maintena nce that preserves the residents’ real estate values.

Furthermore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.

Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The site is located within a residential neighborhood, characterized by the Garden Park Townhomes condominium development to the north, west, and south. To the east, the project abuts R-1 (Single-Family Residential) zoned properties. The proposed development, with a density of seventeen (17) units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also be consistent with the surrounding lower density neighborhood.

Goal LU -4: The City seeks to develop uses that are compatible with one another. The 0.88-acre site is proposed to be improved with fifteen (15) three- story, detached, residential units, at seventeen (17) units per acre. This is within the allowable density of thirty -two (32) units per acre of the R -3 base zoning and the MDR General Plan land use designation of the property. The proposed project is within the allowed density of the MDR land use designation and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three -story detached condominium units, which are allowed by the proposed R-3 base zoning. Thus, the project is similar both in land use intensity and physical scale of the adjoining residential neighborhood.

Approval of the proposed Zoning Map Amendment will facilitate the development of an existing property with fifteen (15) condominium units. The construction of the new residential units would increase the local population, and add to the consumer base for commercial services within the immediate vicinity.

Goal H-2: Housing supply to accommodate housing needs at all affordability levels. The proposed project will provide fifteen (15) new, market -rate, for- sale housing units and increase housing opportunities. The number of units will further contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).

Policy H-3.1: Maintain land use policies and regulations that create capacity for the development of a range of residential development types that can fulfill local housing needs, including accessory dwelling units, low -density single- family uses, moderate-density townhomes and middle housing, higher-density apartments and condominiums, senior housing, and mixed-use projects. The proposed project would facilitate the development of a vacant single -family property with fifteen (15), detached, market -rate, residential units. This moderate-density multiple-family development will provide a net increase of fourteen (14) units, as compared to the existing condition of the property, creating additional housing capacity.

Policy CD-7.1: Encourage future development and redevelopment projects to reinforce district scale, identity, and urban form. The site is surrounded on three sides by the existing Garden Park Townhomes development. The proposed development has been developed, to the greatest extent possible to be consistent with the existing townhome com munity. The proposed project will be consistent with the form and scale of the immediate neighborhood.

2. The provisions of the California Environmental Quality Act have been complied with.

Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations 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 implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitoring and Reporting Program has been prepared and is attached to the Mitigated Negative Decl aration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelin es. Therefore, the provisions of the California Environmental Quality Act have been complied with. Pursuant to Resolution No. 6088-24, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration and the associated Mitig ation Monitoring and Reporting Program for the Project.

3. The proposed development project does not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.

The proposed fifteen (15) residential unit development will not have specific, adverse impacts on public health and safety. The propos ed project is within the maximum allowable density, is compatible with surrounding uses, is similar in scale to the adjoining neighborhood, and is consistent with land use types and intensities in the immediate neighborhood. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.

4. The City Council of the City of Garden Grove hereby makes the following findings regarding Variance No. V-042-204:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood.

Approval of this Variance wil l allow the project to deviate from the minimum one-acre lot size required for the establishment of the requested residential Planned Unit Development. There are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to other similar properties in the immediate vicinity, within the same zone, or other similarly zoned properties throughout the City.

The subject site is surrounded and constrained by previously developed Garden Park Townhomes to the north, south, and west, across Newhope Street. The Garden Park Townhome development was constructed in 1973, under Planned Unit Development No. PUD-102-72. The subject property remained as an R-1 (Single-Family Residential) zoned property, develop ed with a single -family home.

The resulting development of the Garden Park Townhomes created a situation where a single -family property was left in the midst of a multiple -family development. This is an exceptional and extraordinary circumstance wherein the rest of the neighborhood is developed with multiple-family developments, but the subject parcel is zoned for R -1 single-family residential uses. This circumstance has ultimately left the subject property unable to develop multiple-family residences, akin to the Garden Park Townhomes that surround the property, and also pulls access from Newhope Street.

The requested Planned Unit Development will help facilitate the development of residential units, to be sold as condominiums, similar to the Garden P ark Townhomes. The Garden Park Townhomes were approved in 1972, under Planned Unit Development No. PUD -102-72. The Planned Unit Development adopted for the townhomes do not meet the current Municipal Code standards, for amongst other things, setbacks, pa rking, and required open space.

Therefore, the proposed Planned Unit Development is necessary to establish development standards that are more consistent and compatible with the development standards of the Garden Park Townhome approval in 1972.

The granting of the requested Variance will allow for the establishment of a Planned Unit Development that will allow for the subject parcel to develop in a manner consistent with the surrounding neighborhood.

2. That such Variance is necessary for the preser vation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the subject property.

Adoption of a Planned Unit Development will allow for a multiple -family residential development that is more akin to those implemented by the R -3 zone. Thus, the PUD rectifies an existing condition wherein the subject property is denied development rights that would otherwise be granted to a property within the MDR Land Use Designation.

Within the immediate vicinity of the subject lot is the Garden Park Townhomes.

These townhomes were originally constructed in 1973, and are also implemented under a Planned Unit Development within the MDR Land Use Designation. The requested Variance for minimum PUD acreage would grant the subject property land use entitlements that would be substantially similar to the Garden Park Townhomes. Accordingly, approval of the proposed Variance will not set a precedent, and will allow the applicant to en joy a substantial property right possessed by the Garden Park Townhomes, and other, similar residential Planned Unit Developments.

3. That the granting of a Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located.

Approval of this Variance will allow the project to deviate from the minimum one-acre lot size required for the establishment of the requested residential Planned Unit Development.

The Variance will not adversely affect surrounding properties, which are developed with existing residential uses. The existing Garden Park Townhomes to the north, west, and south, and the single -family residential properties to the east will remain unaffected by the granting of the Variance, allowing a residential PUD of less than one acre. Specifically, the PUD allows for a maximum density of residential units (17 units/acre) that is less than the maximum density ordinarily allowed by the MDR Land Use Designation (32 units/acre). Approving the Variance, allowing the PUD, helps implement a potentially less impactful residential development, as proposed, than what would otherwise be allowed by the General Plan, and allow for the subject parcel to develop in a manner consistent with the neighborhood.

Also as a part of the project application, the City has conducted a thorough environmental review, under California Environmental Quality Act (CEQA) guidelines, and found that any environmental impacts wo uld be less than significant, provided certain mitigation measures are implemented. A discussion of the CEQA process is also found in this report.

The project will be required to comply with all applicable building, and life - safety codes and regulations to ensure that there are no adverse impacts on public health, safety, or welfare. Furthermore, the proposal has been reviewed by all City departments in order to ensure compliance with all applicable Municipal Code provisions. Provided the project complies with the Conditions of Approval, the approval of the Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such zone or neighborhood in which the property is located.

4. That the granting of such Variance will not adversely affect the City’s General Plan.

The General Plan does not explicitly impose a minimum lot size for a residential Planned Unit Development zone. Therefore, the proposed Variance from the minimum residential Planned Unit Development lot size will not adversely affect the General Plan.

Furthermore, the Medium Density Residential (MDR) General Plan Land Use Designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multi -family apartments, condominiums, townhomes, and single -family small-lot subdivisions. The proposed PUD is consistent with the intent of the MDR Land Use Designation. As proposed, the PUD would facilitate the development of a detached condominium community, at a residential density that is consistent with the scale of the surrounding Garden Park Townhomes and single-family development.

The project site currently has an R -1 (Single-Family Residential) zoning, and an MDR (Medium Density Residential) General Plan Land Use Designation. The MDR designation is implemented through higher density residential zones, such as the R-3 (Multiple-Family Residential) zone. The current R-1 zoning of the property would only allow for single -family development. Adoption o f a Planned Unit Development will allow for a multiple -family residential development that is more akin to those implemented by the R-3 zone. Thus, the PUD ultimately makes the subject property and zoning more in conformance with the General Plan than the existing condition.

The proposed project will be consistent with the spirit and intent of the General Plan, furthering its goals, policies, and implementation programs. The project would also help meet the community’s need for a variety of residential uses in the MDR Land Use Designation. Therefore, the granting of the requested Variance will not adversely affect the City’s General Plan.

5. That approval of the Variance is subject to such conditions as will assure that it does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

Approval of this Variance will allow the project to deviate from the minimum one-acre lot size required for the establishment of the requested residential Planned Unit Development. The project site currently has an R -1 (Single- Family Residential) zoning, and an MDR (Medium Density Residential) General Plan Land Use Designation. The MDR designation is implement ed through higher density residential zones, such as the R-3 (Multiple-Family Residential) zone. The current R-1 zoning of the property would only allow for single-family development. Adoption of a Planned Unit Development will allow for a multiple-family residential development that is more akin to those implemented by the R-3 zone. The proposed density of the project (17 units per acre) is within the maximum density allowed under the MDR land use designation (maximum 32 units per acre).

The surrounding Garden Park Townhome development was approved in 1972, and was established through its own Planned Unit Development No.

PUD-102-72. The proposed Planned Unit Development, subject to the approval of the subject Variance, will establish development standards, similar to, and consistent with the existing Garden Park Townhome Development.

This includes, but is not limited to, standards for maximum residential densities, building heights, setbacks, parking, and common and private open spaces. These development standards, with the R-3 base zone, are based on the development standards of the City’s small-lot subdivision ordinance. The conditions established by these proposed development standards help ensure a development similar to the surrounding neighborhood.

Thus, there is no special privilege granted. The approval of the Variance does not grant any development opportunities inconsistent with those afforded to other properties in the neighborhood, namely the Garden Park Townhomes.

Furthermore, so long as the Conditions of Approval are adhered to for the life of the project, the Variance will not grant any special privileges.

5. The City Council of the City of Garden Grove hereby makes the following findings regarding Vesting Tentative Tract Map No. TT-19298:

1. That the proposed map is consistent with the General Plan.

The MDR land use designation is implemented by the R -3 zone, which is intended to provide for a variety of types and densities of multiple -family residential dwellings. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:

Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of residential property maintenance to pres erve residents’ real estate values and their high quality of life. The proposed development of fifteen (15) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed development will ensure maintenance of all common areas, such as the private drive aisle, guest parking areas, the common recreation area, and street frontage landscaping, which will be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values.

Furthermore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.

Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The site is located within a residential neighborhood, characterized by the Garden Park Townhomes condominium development to the north, west, and south. To the east, the project abuts R-1 (Single-Family Residential) zoned properties. The proposed PUD zone with an R-3 base zone, allowing for up to seventeen (17) units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also be consistent with the surrounding lower density neighborhood.

Goal LU -4: The City seeks to develop uses that are compatible with one another. The 0.88 -acre site is proposed to be improved with fifteen (15) condominium units, at seventeen (17) units per acre, which is within the allowable density of 32 uni ts per acre otherwise allowed under the R -3 base zoning and the MDR General Plan Land Use Designation. The proposed PUD will, however, limit the maximum density to 17 units per acre. The proposed project is within the allowed density of the MDR land use designation and similar in scale to the adjoining residential neighborhood. The proposed design will consist of three-story units, which are allowed by the R-3 base zone. Thus, the project is similar both in land use intensity and physical scale of the adjoining residential neighborhood.

Policy LU -4.1: Locate higher -density residential uses within proximity of commercial uses to encourage pedestrian traffic, and to provide a consumer base for commercial uses. The site is located within a residential neighborhood characterized, with nearby access to Newhope Street and Garden Grove Boulevard. Approval of the proposed Zoning Map Amendment will facilitate the development of a vacant single-family developed property with fifteen (15) condominiums. The construction of the new residential units would increase the local population and add to the consumer base for commercial services within the immediate neighborhood.

2. That the design and improvement of the proposed subdivision is consistent with the General Plan.

The subject site has a General Plan land use designation of MDR (Medium Density Residential). The applicant is requesting Vesting Tentative Tract Map No. TT -19298 approval to create a one-lot subdivision for the purpose of developing the site with fifteen (15) for -sale, detached residential condominium units (17 units per acre). The MDR land use designation is intended to create, maintain and enhance resident ial areas characterized by mostly traditional multi -family apartments, condominiums, and townhomes .

The MDR Land Use Designation allows a density up to thirty-two (32) units per acre. Thus, by proposing fifteen (15) condominium units, the project is consistent with the State Subdivision Map Act, and the General Plan.

3. That the site is physically suitable for the proposed type of development.

The site is physically suitable for the type of development proposed by the developer and complies with the spirit and intent of the MDR General Plan land use designation. The proposed 0.88-acre site will consist of fifteen (15) three- story units, which would be allowed under the proposed R-3 base zone, and is consistent with the General Plan. The residential Planned Unit Development has been designed in a manner that is compatible with the surrounding neighborhood. As designed, the site is able to accommodate fifteen (15) units, along with parking, landscaping, private and common recreation areas, setbacks, and building height standards. Therefore, the property is sufficient in size to accommodate the proposed development.

4. That the requirements of the California Environmental Quality Act have been satisfied.

Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations 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 implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitoring and Reporting Program has been prepared and is attached to the Mitigated Ne gative Declaration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.

5. That the site is physically suitable for the proposed density of the development.

The subject property has a General Plan land use designation of MDR, which is intended to create, maintain and enhance residential areas characterized by mostly traditional multi -family apartments, condominiums, and townhomes.

The R-3 base zone, as proposed under A -040-2024, in conjunction with the existing MDR land use designation, allow a residential density up to thirty-two (32) units per acre. The prop osed project will consist of fifteen (15) units which is within that allowable density. The proposed PUD development standards have also been designed to be consistent with the surrounding residential neighborhoods. As designed, the site is able to accommodate fifteen (15) units, along with parking, landscaping, private and common recreation areas, setbacks, and other development standards of the proposed PUD.

Therefore, the property is physically suitable for the proposed density of the development, as all owed under the MDR land use designation, and the proposed PUD-019-2024 with R-3 base zoning.

6. That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems.

The design of the residential subdivision and the proposed improvements are not likely to cause serious public health problems. Additionally, certain conditions of approval will be in place to further safeguard public health. The proposed subdivision has been designed to comply with the intent of the MDR General Plan land use designation, and the R -3 (multiple-Family Residential) base zone. City Departments, including the Traffic Division, Water Division, Engineering Division and the Planning Services Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential impacts that the project may have on the community, including public health.

7. That the design of the subdivision and the proposed improvements w ill not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.

The design of the residential subdivision and the proposed improvements will not conflict with easements of record, or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision. The project has been designed to avoid development over existing easements.

8. That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the subdivision can be developed in compliance with the applicable zoning regulations.

Under the proposed Amendment No. A -040-2024, the City’s Official Zoning Map will be amended to rezone the project site 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 facilitate the development of the proposed fifteen (15) unit project, and to ensure consistency with the existing General Plan Land Use Designation of Medium Density Residential (MDR).

The proposed Zoning Map amendment will facilitate the development of the proposed fifteen (15) unit condominium project. The site’s proposed detached, small-lot subdivision style housing is compatible with the surrounding area, which consists of a mix of multiple -family and single-family residential uses.

Accordingly, the PUD zone with the R-3 base zone is appropriate for the site, as it will be consistent with the v ariety of residential developments in the immediate area. In addition, the site has access to all necessary public infrastructure to adequately serve the proposed development.

The design and improvement of the subdivision, as proposed under Vesting Tentative Tract Map No. TT -19298 is suitable for the fifteen (15) proposed residential units. The proposed subdivision has been specifically designed to accommodate the fifteen (15) residential units on the subject property, and to create a one -lot subdivisi on for the purpose of selling each unit as a condominium. Therefore, the design and improvement of the proposed subdivision is suitable for the proposed use and the subdivision can be developed in compliance with the MDR land use designation, and the proposed residential Planned Unit Development (PUD -019-2024) zoning with an R -3 (Multiple-Family Residential) base zone.

9. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.

To the extent feasible, the project has been designed in accordance with Government Code Section 66473.1, such as to allow for passive or natural heating opportunities in the subdivision design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating and opportunities for placement of shade trees and other vegetation for cooling.

10. That the design, density and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs.

The proposed Vesting Tentative Tract Map No. TT-19298 would create a one- lot subdivision to sell each of the fifteen (15) proposed residential units as a condominiums. The project has been reviewed in relation to the housing needs and goals of the City, and is compatible with the existing developments in the immediate vicini ty, including the Garden Park Townhomes. The proposed development will increase the number of residential units, and further the goals of the Housing Element of the General Plan. The proposed subdivision would allow for the sale of each proposed residential unit.

11. That the that the character of the subdivision is compatible with the design of existing structures and lot sizes of the subdivision are substantially the same as the lot sizes within the general area.

The proposed Vesting Tentative Tract Map No. TT-19298 would create a one- lot subdivision to sell each of the fifteen (15) proposed detached residential units as a condominium. The proposed subdivision would allow for the sale of each proposed residential unit. This design is similar to the surro unding Garden Park Townhomes development. Moreover, the project complies with the density requirements of the General Plan, as well as the proposed Residential Planned Unit Development (PUD -019-2024) zoning with an R -3 (Multiple-Family Residential) base zone.

12. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the proposed subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.

The subject property is not located within a state responsibility area or a very high fire hazard severity zone. The Orange County Fire Authority (OCFA) has reviewed the proposed subdivision, and found that the project will be adequately served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress -egress requirements. Furthermore, the project has been conditioned to comply with all OCFA requirements relating to f ire suppression services, and emergency access.

13. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off -site improvements will ensure permitted capacity of the public sewer system is not exceeded.

The Water Services Division has reviewed the project, and found that there is sufficient sewer capacity to support the project. So long as the project adheres to the Conditions of Approval, as recommended, the Water Services Division does not anticipate that the discharge of waste from the proposed subdivision will result in any violation of California Regional Water Qualit y Control Board requirements.

6. In addition to the foregoing, the City Council incorporates herein by this reference, the facts and findings set forth in the Planning Commission and City Council staff reports for the Project, and in Planning Commissio n Resolution No. 6087-24.

7. The Site Plan, Variance, and Tentative Tract Map possess characteristics that justify the request in accordance with Sections 9.60.020 (Review of Housing Development Projects), 9.32.030 (Variances), and 9.40.060 (Tentative Maps) of the Garden Grove Municipal Code.

8. Site Plan No. SP -136-2024, Variance No. V -042-2024, and Vesting Tentative Tract Map No. TT -19298 are hereby approved, subject to and contingent upon the adoption and effectiveness of an ordinance approving Amendment No.

A-040-2024, and Planned Unit Development No. PUD-019-2024 by the Garden Grove City Council.

9. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298.

EXHIBIT “A”

Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. 19298, & Variance No. V-042-2024

12828 Newhope Street

CONDITIONS OF APPROVAL

General Conditions

1. The applicant and each owner of the property shall execute, and the applicant shall record a “Notice of Agreement with Conditions of Approval and Discretionary Permit of Appr oval,” as prepared by the City Attorney’s Office, on the property. Proof of such recordation is required within 30 days of the approval.

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 the project applicant, the owner(s) and tenant(s) of the property, and each of their respective successors and assigns, including all subsequent purchasers and/or tenants. The applicant and s ubsequent owner/operators of such business shall adhere to the conditions of approval for the life of the project, regardless of property ownership. Any changes of the conditions of approval require approval by the applicable City hearing body, except as otherwise provided herein.

3. Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. 19298, and Variance No. V -042-2024 only authorizes the development of a fifteen (15) unit, detached, single-family style of housing project, as depicted on the plans submitted by the applicant and made a part of the record of the May 14, 2024, City Council proceedings. Approval of this Plan, Vesting Tentative Tract Map, and Variance shall be contingent upon approval of Zoning Amendment No. A- 040-2024 and Planned Unit Development No. PUD-019-2024, and 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 shall apply.

4. Minor modifi cations to the approved Site Plan, and/or these Conditions of Approval may be approved by the Community Development Department Director, in his or her discretion. Proposed modifications to the approved project and/or these Conditions of Approval that woul d result in the intensification of the project, or create impacts that have not been previously addressed and which are determined by the Community Development Department 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.

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

Engineering Division

Project Design

6. 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, 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 o f 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 storm water runoff, including potential infiltration alternatives, soil compaction, saturation, permeability and groundwater levels.

7. 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.

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.

8. Parkway culverts shall be designed per City of Garden Grove Standard Plan B-209. Storm drain lateral pipe c onnections to City-maintained storm drains within City rights-of-way shall be RCP, with a minimum diameter of eighteen inches (1’-6”).

9. Grading 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 thirty feet (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 onsite improvements shall be tied by horizontal dimensional control to the property boundary as established by survey. A minimum uninterrupted twenty-foot (20’-0”) wide throat access to the site is required from the street for multip le-family residential projects. 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 S tandard Drawings & Specifications. All demolition and grading plans shall incorporate the mitigation measures set forth in Mitigation Measure NOI -2, described in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project.

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

11. The applicant shall coordinate with the Planning Services Division and 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.

12. The applicant shall complete the following for the tract map:

a. Prior to recordation of a tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7 9 330, and 7 9 337 of the Orange C ounty Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City in AutoCAD DWG format.

b. Prior to recordation of a tract map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7 9 330 and 7 9 337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City in AutoCAD DWG format.

c. Prior to issuance of a grading permit, the applicant shall submit to the Engineering Division an updated title report along with copies of the recorded instruments listed in the title report, reference maps used to prepare legal description, and the plat for review and approval of the tract map.

d. All subdivision mapping shall be concurrently reviewed by the City Engineering Division and the County of Orange Survey Department. The applicant shall forward all plan chec k comments received from the County of Orange Survey Department to the City of Garden Grove’s Engineering Division upon receipt from the county.

13. 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.

14. All trash container areas shall meet the following requirements per City of Garden Grove Standard B -502 and State mandated commercial organic recycling law -AB 1826, including any other applicable State recycling laws related to refuse, recyclables, and/or organics:

a. 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.
b. The trash containers shall be located to allow pick-up and maneuvering, including turnarounds, and concrete aprons for roll-out areas.

c. Pursuant to State mandated commercial organic recycling law, including AB 1826 and SB 1383 and its implementing regulations, the applicant is required to coordinate storage and removal of the organics waste with local recycling/trash company.
d. 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.

e. 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.

f. 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).

15. 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, and B-508, or designed by a pro fessional 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.

c. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, access gate, pavement sections, tr ee well and landscaping, and construct Newhope Street frontage improvements as identified below. All landscape, irrigation, sidewalk, and lighting improvements installed within the public rights - of-way shall be maintained by the applicant and shall requir e the approval of the City Engineer, Public Works Street Division, and Planning Services Division.

d. Existing substandard driveways on Newhope Street shall be removed and replaced with new curb, gutter, and sidewalk per City standards and specifications.
e. The applicant is prohibited from installing any vehicle access gate at the main entrance of the project on Newhope Street.

f. The new driveway approaches to the site on Newhope Street shall be constructed in accordance with Garden Grove Standard B-121.

g. The applicant shall install red curb near driveway approaches on Newhope Street per approved site plan.

h. The applicant shall remove the existing improvements fronting the project on Newhope Street and construct new minimum four -foot (4’-0”) wide sidewalk panels in accordance with City of Garden Grove Standard B-105. The owner/contractor shall verify the placement limits of sidewalk concrete panels with public works inspector prior to start of construction.

i. The applicant shall construct curb and gutte r when replacing any existing driveway approach along the property frontage on Newhope Street in accordance with City Standard Plan B-114.

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

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

16. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of landscaping within the public right-of-way and proposed landscape area fronting Newhope Street. Any proposed new landscaping in said areas shall be maintained by the owner.

17. Driveway Opening Policy shall b e in accordance with City’s Traffic Policy & Procedures TE-8.

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

19. Development Review and Comment Sheet shall be in accordance with City’s Traffic Policy & Procedures TE-17.

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

21. Traffic Impact Mitigation Fees shall be in accordance with Garden Grove City Council Resolution 9401-16.

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

23. Off-street parking requirements for residential uses shall be in accordance with Section 7-9-70.3 of the Orange County Code of Ordinances.

24. A maneuvering area shall be provided at the end of the dead -end drive aisle, and shall consist of two (2) eight -foot-by-twelve-foot (8’-0” x 12’ -0”) wide turnaround spaces.

Permit Issuance

25. The applicant shall be subject to Traffic Mitigation Fees, In -Lieu Park Fees Drainage Facilities Fees, Water Assessment Fees, and othe r 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 in effect as of the date the Applicant’s application for a vesting tentative map was deemed complete (March 29, 2024).

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

27. Grading fees shall be calculated based on the current fee schedule in effect as of the date the Applicant’s application for a vesting tentative map was deemed complete (March 29, 2024).

28. 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 equipment parking or construction material storage 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 plans.

29. Prior to issuance of a right -of-way encroachment 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.

Project Construction/Operation

30. The applicant shall coordinate with City’s Public Works Department (engineering, water services and streets division) and setup appointments for preconstruction inspections for all the onsite and offsite 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 onsite during construction, unless an Encroachment Permit is obtained for placement in street.

32. The applicant and his contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties (ce nterline 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. The applicant and their 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 their contractor shall be liable for, at their expense, any resurvey required du e to their negligence in protecting existing ties, monuments, benchmarks, or any such horizontal and vertical controls. Temporary Benchmarks shall not be used for 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 onsite.

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

Water Services Division

35. New water service installations and fire services shall be installed by developer/owner’s contractor per City Standards. Installation shall be scheduled upon payment of applicable fees, unless otherwise noted.

36. Water meters shall be located within the City right -of-way, or within a dedicated waterline easement. Fire services and large water services three inches (0’-3”) and larger, shall be installed by contractor with Class A or C-34 license, per City water standards, and inspected by approved Public Works inspection.

37. A Reduced Pressure Principle Device (RPPD) backflow prevention device shall be installed for me ter protection, should a large meter for multiple units be proposed. 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. The 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.

38. It shall be the responsibility of the applicant to abandon any existing private water well(s) p er Orange County Health Department requirements.

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

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

40. Water systems within private streets shall be constructed per City Standards by developer, and dedicated to the City. Bonding will be required.

41. There shall be a minimum fifteen -foot (15’-0”) clearance of building footings from water main. Clearances less than fifteen feet (15’-0”) shall be reviewed and approved by the Water Services Division.

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

43. New utilities shall have a minimum five-foot (5’-0”) horizontal, and a minimum one-foot (1’-0”) vertical clearance from water main and appurtenances.

44. There shall be a minimum clearance from sewer main and water main of ten feet (10’-0”) from outside of pipe to outside of pipe.

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

46. If a fire sprinkler system is required, and individual water meters and services are proposed off public water main, meters, and services shall be installed per City Standard B -719, which specifies a residential fire sprinkler connection (RFSC) on the backside of the meter.

47. Should a private water main onsite be proposed, and the units are required to have fire sprinkler system, a separate fire service with above ground DCDA device will be required.

48. Any fire service and private fire hydrant lateral shall have above -ground backflow device with a double -check valve assembly. The device shal l be tested immediately after installation, and once a year thereafter by a certified backflow device tester, and the results to be submitted to the Water Services Division. The 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 Services Division.

49. If applicable, water meters and boxes shall be installed upon payment of applicable fees, and after new water system (including water services) pass all bacteriological and pressure tests.

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

51. Any existing water services currently serving the property are to be abandoned at the water main with a stainless steel repair clamp.

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

53. Contractor shall abandon any existing unused sewer lateral(s) at street right- of-way on the property owner’s side. The sewer pipe shall be capped with an expansion sewer plug, and encased in concrete. Only one sewer connection per lot is allowed.

54. Owner shall install a new private sewer main with clean -out at the right -of- way line and laterals on -site. The sewer main connection in public right -of- way shall be a minimum six -inch (0’-6”) diameter, extra strength VCP with wedgelock joints and inspected by GGSD. All on-site sewer and appurtenances to be installed per the California Plumbing Code, and inspected by the Building and Safety Division.

55. All perpendicular crossings of the sewer, including laterals, shall maintain a minimum vertical separation of twelve inches (1’ -0”) below the water main, outer diameter to outer diameter. All exceptions to the above require a variance from the State Water Resources Control Board. Potholing is required to confirm separations.

56. If a water main is exposed during installation of sewer lateral, a twenty -foot (20’-0”) section of the water main shall be replaced with twenty feet (20’ -0”) of PVC C-900 DR-14 Class 305 water pipe, size in kind, and centered at the crossing.

Orange County Fire Authority

57. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements, including but not limited to the Fire Master Plan.

Building and Safety Division

58. Terms and Conditions of the Covenants, Conditions, and Restrictions (CC&Rs) shall be incorporated onto the construction plans for reference on how common areas, drainage, site improvements, access and maintenance will affect units.

59. All work shall comply with the latest edition of the California (CA) Building Standards Code (CBC) at time of permit application.

Planning Services Division

60. The applicant shall submit detailed plans showing the proposed location of utilities and mechanical equipment to the Community 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. Above-ground utility equipment (e.g. electrical, gas, telephone, cable TV) shall not be located in the street setback, within the common areas, or any parking areas, and such equipment shall be screened by densely planted and maintained landscaped hedges or a fence or wall. Ground- mounted equipment shall not exceed the maximum allowable height for a wall, fence, or hedge.

b. Roof-mounted mechanical equipment shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.

c. 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 architecture lines of the building.

61. All landscaping shall be consistent with the landscape requirements of Title 9 of the Municipal Code. The developer shall submit a complete landscape plan governing the entire development. The landscape irrigation plans shall include type, size, location and quantity of all plant material. The landscape plan shall include irrigation plans and staking and planting specifications. All landscape irrigation shall comply with the City’s Landscape Ordinance and associated Water Efficiency Guidelines. The landscape plan is also s ubject to the following:

a. A complete, permanent, automatic remote control irrigation system shall be provided for all landscaping areas shown on the plan. The sprinklers shall be of drip or micro -spray system sprinkler heads for water conservation.

b. Forty percent (40%) of the trees on the site shall consist of minimum size 24 -inch box, and the remaining 60 percent (60%) shall be of minimum size 15 gallons. These trees shall be incorporated into the landscaped frontages of all streets. Where clinging vines are considered for covering walls, drought-tolerant species shall be used.

c. All landscape areas, including the areas located within the public rights-of-ways along Newhope Street that abuts the subject property, are the responsibility of the applicant/property owner(s).

d. Trees planted within ten feet (10'-0”) 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. All trees planted on the subject property, whether for screening the project from the neighboring lots or for aesthetic or selling/marketing purposes, shall have an irrigation system installed in order maintain the trees.

e. All trees shall be double-staked in accordance with City standards.

f. Enhanced landscape treatment shall be provided in the five-foot (5’-0”) wide site perimeter setback between the block wall and the street frontage property line. The enhanced landscaping within this area shall include trees, shrubs, vines, and flowering ground covers and turf in a hierarchical design order.

g. The landscape treatment along the street frontage, including the area designated as public right-of-way, shall incorporate the landscape area between the sidew alk and the development wall with ground cover, shrubs and bushes, and trees that highlight the project’s entrance as well as enhance the exterior appearance along Newhope Street. The plant material for the entrance shall be the type to inhibit graffiti s uch as vines and dense growing shrubs and bushes, and shall be maintained.

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

i. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.

j. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants, but not more than 30% of the groundcover area shall have the mulch substitute.

k. Groundcover plants shall be planted at a density and spacing necessary for them to become well established and provide surface coverage within 18 months of planting.

l. 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, which address water run-off. This is to also to be inclusive of 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.

m. The irrigation system shall comply with all applicable provisions of th e City’s Water Conservation Ordinance, the City’s Municipal Code landscape provisions, and all applicable state regulations.

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

62. Permitted hours and days of construction and grading shall be as follows, and all work shall be comply with the noise regulations set forth in Chapter 8.47 of the City of Garden Grove Municipal Code:

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.

63. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust) that includes dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, and the u se 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.

64. 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 the issuance of building permits. The approved CC&R’s shall be recorded at the same time that the subdivision map is recorded and two copies (a hard copy and an electronic copy) of the recorded CC&R’s shall be provided to the Planning Services Division. The CC&R's shall include the following stipulations and/or provisions:

a. All units shall maintain the ability to park two cars within the garages at all times. Unless otherwise permitted 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 vehicles anywhere on the site except within the designated parking spaces in the garages and/or private driveways for their dwelling unit. However, the two (2) unassigned, open guest parking spaces may be utilized by residents or guests for temporary 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.

e. All graffiti vandalism shall be abated 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 nece ssary. 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 one (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 maintenance, etc. This also includes ensuring tree overhangs do not block or hinder any vehicles such as street sweepers, trash trucks, fire trucks, etc., fr om maneuvering around the cul-de-sac.

h. Storage of boats, recreational vehicles, or commercial vehicles on the property is prohibited.

i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, and open s pace areas within the interior of the development, and the landscape setback areas outside the development walls adjacent to Newhope Street is the responsibility of the Homeowner’s Association, including the common landscaped areas.

j. Each unit shall have a minimum of 150 cubic feet of storage space, which may be provided in the garage parking 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 dimensions of ten feet (10’-0”) by twenty-five feet (25’-0”). This area shall be open and unobstructed from the ground to the sky, except for patio covers, which shall provide a minimum five -foot (5’-0”) side and rear setbacks, as measured to the face of post, and a m aximum two- foot (2’-0”) patio roof overhang. No upper-floor balconies or decks shall be provided atop patio covers.

l. All recreation areas, landscaping along the front and side yards of each unit, the project site entryway, landscaped areas in all common a reas, 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 identified on the approved site plan, shall be equi pped with outdoor furniture, subject to review by the Planning Services Division, and Building and Safety Division.

n. There shall be no parking allowed along the private street, except within the designated parking areas. 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 private street, storm drains, sewer system, and open space areas is the responsibility 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 such units from adjacent 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.

s. The Conditions of Approval for Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 shall be incorporated into the CC&Rs, and provisions correspon ding to any applicable Conditions of Approval shall be included in the CC&Rs.

t. 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:

a. Description of all post -construction BMPs (non -structural and structural),

b. Description of the Property owner’s(s’) responsibilities and required training of persons performing BMP
implementation, operation and maintenance,

c. Implementation frequency and operating schedule,

d. Inspection/maintenance frequency and schedule,

e. Specific maintenance activities,

f. Required permits from resource agencies, if any,

g. Forms to be used in documenting implementation,
operation and maintenance activities,

h. 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.

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 Ga rden 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 beneficiary to this provision. The City shall have the right and authority, but not the obligation, to enforce this provision by any legal or equitable means, or by any method available to the Property owners as provided elsewhere in the Declaration, against the Declarant, Homeowner's A ssociation, 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 its provisions and the Conditions of Approval of PUD-019-2024, Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024.

The City, its agents, departments and employees shall have the unrestricted right and authority, but not the obligation, to enforce the provisions of this Declaration and the Conditions of Approval of PUD-019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No. V-042-2024. 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 permit that may be in violation of these Declarations or Amendment No. A-040-2024, Planned Unit Development No. PUD- 019-2024, Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 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 PUD-019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No. V -042-2024. 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 or Amendment No. A-040-2024, Planned Unit Development No. PUD -019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No.

V-042-2024 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 of the conditions of these Declarations or
PUD-019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 approvals.

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/UNIT] upon the execution by the City and the recording in the Orange County Recorder’s office of a notice of 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 w ith its actions to enforce the conditions of these Declarations or Amendment No. A-040-2024, Planned Unit Development No. PUD -019-2024, Site Plan No.

SP-136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No. V -042-2024 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 subs tantially amended without the prior written approval of the City of Garden Grove Community Development Department.

65. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and app roved by the 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 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.

66. All units shall be equipped with a minimum of three cubic feet of space for the collection and storage of refuse and recyclable material. All exterior collection areas shall be located within a screened yard.

67. Decorative stamped concrete or pavers shall be provided within the front ten feet (10’-0”) for the driveway along Newhope Street. The final design and configuration shall be shown on the final site plan, grading plan, and landscape plans.

68. Second and third -story windows, on side and rear building sides shall be located to avoid direct views from those windows, balconies, and decks into any immediately opposite windows and private recreation areas of residential dwelling units on adjacent properties. Where second -story and third -story windows are oriented toward an adjacent prope rty’s private recreation area, one or more of the following measures shall be provided:

a. High-windows with a minimum sill height of six feet (6’-0”), as measured from the finished floor.

b. View-obscuring treatment such as wing walls.

c. Obscure, opaque, or frosted fixed (non-slider) windows.

d. A row of screening/canopy trees evenly spaced shall be placed along the property line(s), which shall be of a minimum height that blocks any direct views. Screening/canopy trees shall be maintained in perpetuity.

69. 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 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. Decorative masonry walls are required along the north, south, east, and west property lines and shall be constructed to a minimum height of 6’-0”, up to a maximum of 7’ -0”, as measured from highest poi nt of finished grade. Whether new or existing, the block walls shall be decorative and utilize stucco finish, slump stone, decorative CMU, or split-face block. Street -facing perimeter walls shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti.

b. The applicant shall work with the existing property owners along the project perimeter in designing and constructing the required perimeter block walls. This requirement is to avoid having double -walls and 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 Development Director shall be authorized to approve minor alterations the size and/or location of the landscape planter to accommodate the placement of such wall.

70. 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 resourc e 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.

71. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5, and 3515 of the California Fish and Game regulations, 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.

72. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with approval of Amendment No. A -040-2024, Planned Unit Develo pment No. PUD -019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 shall be implemented. In addition, the project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Counci l as part of the Mitigated Negative Declaration. 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 pr oject construction through completion. The developer/applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.

73. Final Vesting Tentative Tract Map No. TT-19298 shall be approved by the City and recorded by the applicant prior to issuance of any grading and/or building permits for the proposed development.

74. The applicant shall submit a signed letter acknowledging receipt of the decision approving Site Plan No. SP -136-2024, Vesting T entative Tract Map No.

TT-19298, and Variance No. V -042-2024 and his/her agreement with all conditions of the approval.

75. 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 Counci l, Planning Commission, or other City decision-making body, or City staff action concerning Amendment No. A -040-2024, Planned Unit Development No.

PUD-019-2024, Site Plan No. SP -136-2024, Vesting Tentative Tract Map No.

TT-19298, and Variance No. V -042-2024. 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 sh all 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 actio n referred to herein.

76. 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-136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No.

V-042-2024 shall be valid for a period of two years from the effective date of the ordinance approving Zoning Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024. 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-136-2024, and Variance No. V -042-2024 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 -136-2024, and Variance No. V-042-2024 shall expire if the building permits for the project expire.

77. Prior to issuance of grading permits, a temporary project identification 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.

78. The Conditions of Approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these Conditions of Approval constitute written notice of the amount of such fees.

The applicant is hereby notified that the 90 -day protest period, commencing from the effective date of approval of Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 has begun.

79. Per the applicant’s agreement, the applicant shall record a covenant against the property to prohibit the conversion of garages to Accessory Dwelling Units (ADUs), to the extent permissible under State law.

Garden Grove City CouncilMay 14, 2024

Garden Grove City Council
May 14, 2024