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

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING STAFF REPORT

AGENDA ITEM NO.: C.2. SITE LOCATION: East side of
Newhope Street, north of Garden
Grove Boulevard, at 12828 Newhope
Street
HEARING DATE: April 18, 2024 GENERAL PLAN: Medium Density Residential (MDR)
CASE NOS.: 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
CURRENT ZONE:

R-1 (Single-Family Residential)
PROPOSED ZONE:

PUD-019-2024 (R-3 Base Zone)
APPLICANT: Olson Urban Housing, LLC APN: 090-671-07
PROPERTY OWNER: Frederick H.

Bruggeman Trust
CEQA DETERMINATION: Mitigated
Negative Declaration

REQUEST:

A request that the Planning Commission recommend City Council approval of a zoning map amendment, residential Planned Unit Development, and related entitlements for a proposed 15-unit multiple-family residential project on an approximately 0.88-acre site.

The specific land use entitlement approvals requested include the following: (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 residential Planned Unit Development. The Planning Commission will also consider a recommendation that the City Council adopt a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the project.

BACKGROUND:

The project site is currently comprised of an approximately 38 ,775 square-foot (0.88 acres) parcel on the east side of Newhope Street, north of Garden Grove Boulevard. The site is currently developed with a vacant single -family residence, which will be demolished as a part of the sub ject request. The subject site has a General Plan Land Use designation of Medium Density Residential (MDR) and is zoned R-1 (Single-Family Residential). The property abuts R -1 zoned properties developed with single -family dwellings to the east. To the north, south, and west, across Newhope Street, the subject site is adjacent to the Garden Park Townhomes condominium development, within the Planned Unit Development No. PUD-102-72 zone.

STAFF REPORT FOR PUBLIC HEARING PAGE 2 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

The applicant is requesting (i) a zoning map amendment to establish a residential PUD zone (PUD-019-2024) with a n R -3 (Multiple -Family Residential) base zone; (ii) residential Planned Unit Development zoning to facilitate the development of the project; (iii) Site Plan approval to construct 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 residential PUD zone.

The applicant is proposing detached condominium units, designed as single -family homes, similar to a small -lot subdivision. The applicant reviewed the City’s small -lot subdivision ordinance, and used the development standards therein as a b asis for the subject project.

Each proposed unit is approximately 1,675 square feet, and will consist of three (3) or four (4) bedrooms, three (3) bathrooms, an attached two-car garage, and a front porch.

Associated site improvements will consist of 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. In conjunction with the request, the applicant is requesting that the Planning Commission consider a recommendation that the City Council adopt a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the project.

The subject pr operty’s Medium Density Residential ( MDR) General Plan land use designation is intended for the development of mainly multi -family residential neighborhoods that: provide a variety of housing types; provide access to schools, parks, and other community services; provide a high-quality architectural design that preserves privacy; provide common spaces, recreation areas and services convenient to residents; provide an excellent environment for family life; and preserve residential property values. The MDR land use designation is intended for up to 32 dwelling units per acre.

The proposed residential Planned Unit Development is intended to facilitate a housing development that is more compatible with the surrounding Garden Park Townhome development. For example, the surrounding Garden Park Townhomes were constructed at a density of approximately eleven (11) units per acre, with 10’-0” setbacks to the side and rear property lines, a 31.08% lot coverage, and a parking ratio of approximately 2.2 parking spaces per unit . The proposed project, as facilitated through the residential Planned Unit Development , will provide a density of approximately seventeen (17) dwelling units per acre , with minimum 10’ -0” side and rear setbacks, 29.43% lot coverage, and 4.1 parking spaces per unit, respectively.

Pursuant to Amendment No. A -035-2022, Garden Grove Municipal Code Section

9.32.030 (Land Use Actions) provides that where a requested land use action also requires approval of an action by the City Council, the City C ouncil shall be the final review authority for such land use action, and the Planning Commission shall transmit a recommendation to the City Council. Since the requested project requires City Council approval of a zone change, and a Planned Unit Development (PUD), the City Council is STAFF REPORT FOR PUBLIC HEARING PAGE 3 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

also the final decision maker for the requested Site Plan, Vesting Tentative Tract Map, and Variance requests.

PROJECT STATISTICS:

Provided Proposed PUD Standards1
Lot Size 38,775 S.F.
(0.88 acres)1
43,560 S.F.
(1.0 acre)
Density 17 units per acre2 17 units per acre
Building Height 3 stories (34’-8”) 3 stories (35’-0”)
Private Street 24’-0” 24’-0” wide
Parking Total 62 spaces 3.75 spaces / unit = 56.25 ~ 57 (Two-Car Garage / unit, &
Two Driveway Parking Spaces / unit)
Two-Car Garage (x15) 30 spaces
Guest 2 spaces
Driveway 30
Driveway Parking Size 8’-1” x 18’-0” 8’-0” x 18’-0”
Recreation Area
Total (Common + Private) App. 5,522 S.F. 5,250 S.F.

Common 1,590 S.F.
(159 S.F. per unit)
1,500 S.F.
(100 S.F. per unit)
Private – Per Unit 285 S.F. – 490 S.F. 250 S.F. per unit Common Recreation Area
Dimensions 38’-9” x 41’-11” 30’-0” x 30’-0”
Private Recreation Area
Dimensions
10’-0” x 28’-6” –
14’-9” x 33’-1” 10’-0” x 25’-0”
Perimeter Setbacks
Front (West) 15’-7” – 44’-1” 14’-0”
Side (North & South) 10’-0” – 15’-0” 10’-0”
Rear (East) 12’-1” 10’-0”
Development Block Wall
Street-Front Setback 5’-3” 5’-0”
Building Setbacks
Front – Garage 18’-0” 18’-0”
Rear 10’-0” – 15’-0” 10’-0”
Building Separations 7’-6” 7’-6”
Unit Entry Depth 2’-0” 2’-0”
Sidewalks 1 Sidewalk 1 Sidewalk

1. The applicant is requesting approval of Variance No. V -042-2024 to deviate from the minimum one- acre lot size for a residential PUD.

2. The MDR General Plan Land Use Designation allows up to thirty-two (32) units per acre. Based on the subject lot size, the property could be developed with up to twenty-eight (28) units (without a density bonus).

STAFF REPORT FOR PUBLIC HEARING PAGE 4 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

DISCUSSION:

ZONING MAP AMENDMENT:

As a part of this request, Amendment No. A-040-2024 will modify the base zoning of the property from an R -1 (Single -Family Residential) to a residential Planned Unit Development (PUD-019-2024) with an R-3 (Multiple-Family Residential) base zone. The R-3 base zoning is consistent with the Medium Density Residential (MDR) General Plan land use designation, and rezoning of the property will facilitate the development of the proposed project under the proposed Planned Unit Development, which is based on the R-3 standards of the Municipal Code.

PLANNED UNIT DEVELOPMENT NO. PUD-019-2024:

A Planned Unit Development (PUD) is a precise plan, adopted by ordinance, that provides the means for the regulation of buildings, structures and uses of land in order to facilitate the implementation of the General Plan. The regulations of the PUD are intended to provide for a diversity of uses, relationships and open spaces in an innovative land plan and design, while ensuring compliance with the provisions of the Municipal Code. The PUD is governed by zoning regulations that are contained within the ordinance that ultimately adopts the planned unit development and the base zone, which is the zoning district for the land contained within the PUD. Except as otherwise provided by the ordinance approving the PUD, all use and development standards of the base zone continue to apply to the PUD.

As discussed above, as part of the subject request, the zoning of the project site would be changed to an R-3 (Multiple-Family Residential) base zone, which would permit adoption of a PUD.

The adoption of the PUD would allow for the project to be more consistent and compatible with the surrounding Garden Park Townhomes. As part of the proposed project, the City’s Zoning Map would be amended to change the zoning of the project site to Residential Planned Unit Development zoning (PUD -019-2024), with R -3 base zoning to allow for and facilitate development of the project. Planned Unit Development No. PUD-019-2024 would be the residential PUD zoning that establishes the development standards for the project, and where not otherwise specified, the zoning standards in the R -3 base zone would apply. Planned Unit Development No. PUD -019-2024 would be the residential PUD zoning that establishes the development standards for the project, and where not otherwise specified, the zoning standards in the R -3 base zone would apply.

Development standards specified in the PUD include, but are not limited to, setbacks, parking, building heights, and open space requirements.

VARIANCE:

Section 9.12.030.020.C.2 of the Municipal Code requires all residential Planned Unit Developments to provide a minimum lot size of one (1) acre. The subject lot is 0.88 acres in area, which is less than the minimum. Therefore, a Variance is required for the establishment of the PUD zoning , and to allow a deviation from the minimum lot size STAFF REPORT FOR PUBLIC HEARING PAGE 5 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

requirement for a residential PUD . Findings supporting the requested Variance are included in proposed Resolution 6087-24

SITE PLAN:

Site Design and Circulation

The proposed design consists of 15 detached single-family style condominium units.

Units 1 through 7 are located along the southern side of the site, whilst Units 8 through 15 are located along the northern side of the site. A common recreation area improved with lounge seating, a shade structure, and a flexible lawn space will be located at the southwest corner of the site, next to Unit 1. The units and common recreation area face a proposed internal twenty-four foot (24’-0”) wide central drive aisle that leads from the development’s entrance from Newhope Street . The proposed private street will serve as the only vehicular access point to the project site. Each proposed unit is improved with an attached garage and driveway for parking, which have access f rom the central drive aisle. Two (2) open guest parking spaces are provided near the project entrance along Newhope Street, adjacent to the proposed common open space.

Just south of the private aisle, and running parallel with it, is a four -foot (4’-0”) wide sidewalk. The internal sidewalk connect s the common recreation area and guest parking spaces to the development. Units #2, #3, #4, and #6, along the southern property line, have a three-foot (3’-0”) wide concrete walkway that connects the entries directly to the sidewalk. The remaining units have a three -foot (3’-0”) wide walkway that connects the entries to their respective driveway areas.

While the project features detached single-family style condominium units, the project was designed to rese mble a small -lot subdivision. Each unit features a three-story dwelling, an attached two-car garage, a driveway with two (2) parking spaces, and a private rear yard. As proposed by the Planned Unit Development standards , the development observes a minimum 15-0” front setback from Newhope Street. Each individual unit observes an eighteen-foot (18’-0”) setback from the main drive aisle to the garages at the front of the each unit. The Planned Unit Development also proposes minimum ten-foot (10’-0”) side setbacks for rear yards (along the north and south property lines), minimum twelve-foot (12’-0”) rear setbacks (to the east), and minimum seven-and-a-half foot (7’-6”) separations between the detached units. The proposed standards for the PUD are ba sed on, and consistent with, the existing Garden Park Townhomes, which were approved with ten-foot (10’-0”), front, side, and rear setbacks.

Unit Design

The proposed project will consist of fifteen (15), three-story detached single-family style condominium units. The units are approximately 1,675 square feet, and consist of three (3) bedrooms, a ground-level “flex” room, three (3) full bathrooms, a half-bathroom, an 8 square-foot porch, and a 440 square-foot attached two-car garage.

STAFF REPORT FOR PUBLIC HEARING PAGE 6 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

On the ground floor, each unit will have a two -car garage, a “flex” room, and one (1) half bathroom. An optional floor plan is also proposed that would replace the “flex” room with an additional bedroom, and the half bathroom with a full bathroom. On the second floor, each unit will provide a kitchen, a living/dining area, and a half-bathroom.

On the third floor, each unit features three (3) bedrooms and two (2) full bathrooms.

Private Recreation Area

The proposed Planned Unit Development includes a minimum ten-foot (10’-0”) deep by twenty-one foot (21’-0”) wide rear yard recreation space for each unit. Consistent with the Small-Lot Subdivision standards of the Municipal Code, t he private recreation area shall be conveniently located next to the unit, and accessed directly from a common area, such as a living room, family room, dining area, or kitchen. The private recreation area may also be located within the interior side, street side, or rear setback areas.

Each unit is required to provide a minimum ten -foot (10’ -0”) by a minimum 25’-0” private recreation area. Provided recreation area depths range from ten feet (10’-0”) to fifteen feet (15’-0”), and widths range from twenty-eight feet and six inches (28’-6”) to thirty-three (33’-0”) feet. The private recreation areas are conveniently accessed from the entry to each unit, on the ground-floor, adjacent to the garage. Conditions of approval will require that all private recreation areas be open and unobstructed from the ground to the sky at all times.

Common Recreation Area

The Planned Unit Development Standards propose a minimum required common recreation space of 100 square feet per unit, however, the proposed project will exceed this minimum requirement . The project will provide the required common recreation area in the southwest corner of the property, adjacent to the main entrance from Newhope Street . The proje ct provides a n approximately 1,590 square-foot active recreational open space area with minimum dimensions of 35’-0” in each direction. The recreation area features lounge seating, a shade structure, and a flexible lawn space.

Parking

The Planned Unit Development Standards proposes a minimum parking ratio of 3.75 parking spaces per unit, consistent with Municipal Code Section 9.12.040.060.O (Required Parking and Enclosed Garages), for a total of 57 required spaces. Consistent with the City’s Small-Lot Subdivision requirements, each unit also requires a two -car garage. The remaining parking may be provided as a combination of driveway parking, and designated guest parking on-site.

The project has been designed to provide two-car garages for each unit, two (2) spaces in front of each two -car garage in the driveway , and two (2) additional open guest parking spaces adjacent to the common open space. The total parking will consist of 30 spaces within two -car garages, two (2) open guest spa ces, and 30 spaces on the STAFF REPORT FOR PUBLIC HEARING PAGE 7 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

driveways of each garage. Therefore, the total parking provided is 62 spaces, which exceeds the required parking by five (5) spaces.

Planned Unit Development Parking Standards
Required Provided
Units 1 – 15 3.75 spaces (x15) Garage: 30
Driveway: 30
Guest: 2
Total 57 spaces 62 spaces

Perimeter Walls and Landscaping

The project site is currently improved with perimeter block walls along most of the property lines. The proposed Planned Unit Development standards are consistent with the requirements of Municipal Code Section 9.12.040.060.C (Development Perimeter Block Wall). The project will provide a six-foot (6’-0”) tall decorative block wall in areas where the existing wall has been damaged, or is otherwise missing. In addition, a six- foot (6’-0”) tall vinyl fencing will be provided between each unit for privacy.

A new six-foot (6’-0”) tall decorative block wall is also proposed approximately five feet (5’-4”) from the front property line along Newhope Street. The location of the perimeter block wall, which is set back from the sidewalk for safety purposes, is designed to ensure proper vision clearance for vehicles entering or leaving the driveway. The development’s street frontage will also be improved with landscaping, numerous trees, and various groundcover material. The development’s entrance will also be improved with enhanced concrete paving to provide a sense of arrival.

The proposed Planned Unit Development standards for landscaping are consistent with Municipal Code Section 9.12.040.060.S (Landscaping), which requires all setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, to be fully landscaped and irrigated. In addition to the landscaping in the street frontage area along Newhope Street, the project proposes landscaping in the common recreation area, and each dwelling’s front and side yards visible from the main drive aisle, using a variety of trees and plant materials. The applicant is required to provide a landscape and irrigation plan that complies with the requirements of the City’s Water Efficiency Guidelines within the Municipal Code . The project has been conditioned as such.

Building Architecture

The project proposes two (2) architectural styles: Plan 1a (Spanish), and Plan 1b (Santa Barbara). The “Spanish” homes will exhibit elevations with stucco exteriors, flat concrete tile roofing, fascia boards at gable ends, squared doorways, decorative window trims, balconies, and Spanish style wall lighting. The “Santa Barbara” homes will also exhibit elevations with stucco exteriors, varied rooflines, concrete “S” tile roofing, rounded doorways, decorative pipes at gable ends, modern window trims, and contemporary wall lighting. The “Santa Barbara” style also features an alternate design for units 1 and 15.

STAFF REPORT FOR PUBLIC HEARING PAGE 8 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

These two (2) units, facing Newhope Street, will receive a more enhance d design, with a bump-out window feature on the second-floor windows.

Each architectural style is available in one (1) of six (6) color schemes. The color schemes portray more neutral earth tones, such as beiges, browns, and burnt umber.

The collective color palette of the proposed development is consistent with the colors found throughout the Garden Park Townhomes.

Additionally, each unit has been designed to minimize views from second and third-floor windows into adjacent units and properties. To the east, adjacent to the abutting R-1 (Single-Family Residential) properties, a raised sill height will be provided. To the north and south, adjacent to the existing Garden Park Townhomes, a line-of-sight drawing was provided, showing sufficient separation from the upper-floor windows to the surrounding units. There are no direct views from the proposed project into the existing townhomes.

VESTING TENTATIVE TRACT MAP:

In accordance with the State Subdivision Map Act, the applicant is requesting approval of Vesting Tentative Tract Map No. TT -19298 to create a one -lot subdivision for the purpose of selling each unit as a condominium. As proposed in the Tentative Tract, the project will consist of fifteen (15) dwelling units, and one (1) lot will consist of the common recreation and central access aisle areas. The proposed Vesting Tentative Tract Map is in conformance with the proposed PUD requirements for the site, as well as the State Subdivision Map Act.

California Environmental Quality Act (CEQA):

The proposed project was reviewed and an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared pursuant to the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq. and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 150 00 et seq.). Based on the Initial Study and supporting technical analyses, it was determined that all potentially adverse environmental impacts can be mitigated to a level of less than significant. On this basis, a Mitigated Negative Declaration and Mitig ation Monitoring and Reporting Program (MMRP) have been prepared. The complete environmental document is available for review at the City’s webpage at: ggcity.org/planning/environmental-documents.

The 20-day public comment period on the Mitigated Negative Declaration occurred from March 29, 2024 to April 18, 2024.

No Net Loss:

The subject parcel is not on the City’s Housing Element sites inventory list, and the City is not proposing to change the zoning of the parcel to a less intensive use . Therefore, the City is not required to make “No Net Loss” findings pursuant to Government Code Section 65863 and Garden Grove Municipal Code Section 9.60.030 in order to approve the proposed project.

STAFF REPORT FOR PUBLIC HEARING PAGE 9 CASE NOS. A-040-2024, PUD-019-2024, SP -136-2024, Vesting TT-19298, & V-042-2024

Replacement Housing and Tenant Protections:

Pursuant to Government Code § 66300.6(a), the City may not approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.

This proposed project satisfies this requirement because it will replace one (1) existing unit with 15 new dwellings.

In order to prevent new development projects from displacing existing lower income rental households, Government Code §66300.6(b) also imposes several requirements that the City must require a developer to comply with when a proposed development project will require the demolition of occupied or vacant “protected units”. “Protected units” include residential dwelling units that are or were occupied by lower or very-low income rental households within the past five (5) years. The subject property has been owner-occupied for at least the last five (5) years. Therefore, the project is not required to replace any “protected units”.

STAFF REPORT FOR PUBLIC HEARING PAGE 10 CASE NOS. A- 040-2024, PUD-019-2024, SP- 136-2024, Vesting TT-19298, & V-042-2024

RECOMMENDATION:

Staff recommends that the Planning Commission take the following action:

1. Adopt the attached Resolution No. 6086-24 recommending that the Garden Grove City Council: (i) approve Zoning Amendment No. A-040-2024 to amend the City’s Official Zoning Map to change the zoning of 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, and (ii) approve residential Planned Unit Development No. PUD- 019-2024 to facilitate the development of the proposed residential project;

2. Adopt the attached Resolution No. 6087-24 recommending that 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 the recommended Conditions of Approval, and contingent upon City Council adoption and effectiveness of an Ordinance approving Zoning Amendment No. A-040-2024 and Planned Unit Development No. PUD- 019-2024, and a Resolution adopting a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the project; and

3. Adopt the attached Resolution No. 6088-24 recommending that the Garden Grove City Council adopt a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the project.

Maria Parra
Planning Services Manager

By: Priit Kaskla, AICP
Associate Planner

Attachment 1: Vicinity Map
Attachment 2: Plans
Attachment 3: Resolution No. 6086- 24 with Exhibit “A” – Standards of Development for Planned Unit Development No. PUD- 019-2024, & Exhibit “B” – Amended Zoning Map
Attachment 4: Draft City Council Ordinance with Exhibit “A” – Amended Zoning Map Attachment 5: Resolution No. 6087-24 with Exhibit “A” – Conditions of Approval, & Exhibit “B” – Mitigation Monitoring and Reporting Program
Attachment 6: Resolution No. 6088- 24 with Exhibit “A” – Mitigation Monitoring and Reporting Program

Planning Commission -1- April 18, 2024

GARDEN GROVE PLANNING COMMISSION
Community Meeting Center
11300 Stanford Avenue, Garden Grove, CA 92840

Meeting Minutes
Thursday, April 18, 2024

CALL TO ORDER: 7:02 p.m.

ROLL CALL:

Commissioner Arbgast
Commissioner Cueva
Commissioner Cunningham
Commissioner Laricchia
Commissioner Lindsay
Commissioner Paredes
Commissioner Ramirez

Absent: Arbgast, Cueva

PLEDGE OF ALLEGIANCE: Led by Commissioner Laricchia

ORAL COMMUNICATIONS – PUBLIC – None.

March 21, 2024 MINUTES:

Action: Received and filed.

Motion: Laricchia Second: Lindsay

Ayes: (4) Cunningham, Laricchia, Lindsay, Ramirez
Noes: (0) None
Abstain: (1) Paredes

Absent: (2) Arbgast, Cueva

PUBLIC HEARING – CONDITIONAL USE PERMIT NO. CUP -259-2024 FOR PROPERTY

LOCATED ON THE SOUTHWEST CORNER OF KATELLA AVENUE AND EUCLID STREET AT 10912 KATELLA AVENUE

Applicant: FREEDOMHOUSE OC (JOSIAH SILVA)
Date: April 18, 2024

Request: A request for Conditional Use Permit approval to operate a new religious facility, including church services, an accredited bible college, and a child day care, all within an existing 46,287 square foot tenant space. The site is in the NMU (Neighborhood Mixed Use) zone. In conjunction with the request, the Planning Commission will also consider a determination that

Planning Commission -2- April 18, 2024
the project is categorically exempt from the California Environmental Quality Act (CEQA).

Action: Resolution No. 6085-24 was approved with a modification to Water Services Division Condition of Approval number

23. Motion: Paredes Second: Lindsay

Ayes: (5) Cunningham, Laricchia, Lindsay, Ramirez, Paredes Noes: (0) None

Absent: (2) Arbgast, Cueva

PUBLIC HEARING – MITIGATED NEGATIVE DECLARATION, MITIGATION MONITORING AND REPORTING PROGRAM, AMENDMENT NO. A-040-2024, PLANNED UNIT DEVELOPMENT NO. PUD -019-2024, SITE PLAN NO. SP -136-2024, VARIANCE NO. V-042-2024, VESTING TENTATIVE TRACT MAP NO. TT -19298 FOR PROPERTY

LOCATED ON THE EAST SIDE OF NEWHOPE STREET, NORTH OF GARDEN GROVE BOULEVARD, AT 12828 NEWHOPE STREET

Applicant: OLSON URBAN HOUSING, LLC
Date: April 18, 2024

Request: A request that the Planning Commission recommend City Council approval of a zoning map amendment, residential Planned Unit Development, and related entitlements for a proposed 15-unit multiple- family residential project on an approximately 0.88 -acre site. The specific land use entitlement approvals requested include the following:
(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 t he 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 dwellin g unit as a condominium; and (v) a Variance to deviate from the minimum property size to establish a residential Planned Unit Development.

The Planning Commission will also consider a recommendation that the City Council adopt a Mitigated Negative Declar ation and an associated Mitigation Monitoring and Reporting Program for the project.

Action: Resolution No s. 608 6-24 (A/PUD), 6087 -24 (SP/V/TT), 6088-24 (MND/MMRP) were approved with modifications
to revise and further clarify Conditions of Approval
numbers 9, 14.d., 15.k., 21, 25, 28, 29, 30, 65.d., 65.k.,

65.m., 68, 69, 70.a., and 74.

Planning Commission -3- April 18, 2024

Condition Number 79 was added as follows: 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.

Other than Olson Urban Housing, LLC representatives, one letter of support was submitted by Brian Bruggeman, one letter of concern was submitted by Ngoc Cao , and seven people spoke with concerns relating to privacy, property value, guest parking, street parking, density, and potential damage from construction.

The Developer handed out a packet of 27 signed letters in support of the project.

Motion: Laricchia Second: Ramirez

Ayes: (5) Cunningham, Laricchia, Lindsay, Ramirez, Paredes Noes: (0) None

Absent: (2) Arbgast, Cueva

MATTERS FROM COMMISSIONERS: Chair Lindsay asked staff to look into the railroad crossings at Western, Lampson, and Chapman Avenues as the rails have separated from the last rains. Staff would look into the matter.

MATTERS FROM STAFF: Staff mentioned the May 2nd meeting would be cancelled and added that Community Dev elopment is launching a campaign for the next three months called ‘Plan, Build and Beautify,’ using local social media to highlight Planning, Building, and Code Enforcement. Also, Planning was the recipient of t wo OCAPA (Orange County American Planning Ass ociation) awards, the first, to recognize a Planning Agency’s exceptional work certifying the Housing Element and ADU (Accessory Dwelling Unit) outreach, and second, an award for a ‘hard -won victory’ for completion of the Garden Brook Senior Village.

ADJOURNMENT: At 9:10 p.m.

______________________________
Judith Moore
Recording Secretary
RESOLUTION NO. 6086-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE RECOMMENDING THAT THE CITY COUNCIL (1) APPROVE ZONING AMENDMENT NO.

A-040-2024 TO AMEND THE CITY’S OFFICIAL ZONING MAP TO CHANGE THE ZONING OF AN APPROXIMATLY 0.88 -ACRE PARCEL LOCATED ON THE EAST SIDE OF NEWHOPE STREET, NORTH OF GARDEN GROVE BOULEVARD, AT 12828 NEWHOPE STREET, ASSESSOR’S PARCEL NO. 090 -671-07, FROM R -1 (SINGLE -FAMILY RESIDENTIAL) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-019-2024) ZONING WITH AN R -3 (MULTIPLE -FAMILY RESIDENTIAL) BASE ZONE; AND (2) APPROVE RESIDENTIAL PLANNED UNIT DEVELOPMENT NO. PUD-019-2024 TO

ESTABLISH STANDARDS OF DEVELOPMENT TO FACILITATE THE DEVELOPMENT OF A 15 -UNIT RESIDENTIAL DETACHED CONDOMINIUM PRO JECT ON THE SUBJECT SITE.

WHEREAS, Olson Urban Housing, LLC., the applicant, submitted a request to develop a 0.88 -acre site with a new residential project consisting of fifteen (15) detached condominium units, along with associated s ite improvements, on the 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 (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 residential Planned Unit Development (collectively, the “Project”); and

WHEREAS, the proposed Zoning Amendment No. A -040-2024 would amend the City’s Official Zoning Map to change the zoning of the property located at 12828 Newhope Street (Assessor’s Parcel No . 090 -671-07) from R -1 (Single -Family Residential) to residential Planned Unit Development (PUD-019-2024) zoning with an R-3 (Multiple-Family Residential) base zone; and

WHEREAS, the proposed Planned Unit Development No. PUD-019-2024 would establish development standards for a residential Planned Unit Development to facilitate the development of the residential project; and

Resolution No. 6086-24 Page 2

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

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

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

WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission also adopted Resolution No. 6087 -24 recomm ending that the City Council approve Site Plan No. SP -136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298, subject to specified Conditions of Approval, and Resolution No. 6088 -24 recommending that the City Council adopt a Mitiga ted Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project; and

WHEREAS, at its regular meeting held April 18, 2024, the Planning Commission of the City of Garden Grove held a duly noticed public hearing and c onsidered the report submitted by City Staff and all oral and written testimony presented regarding the Project, the Initial Study, and the proposed Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.

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

1. The Planning Commission hereby recommends the City Council adopt an Ordinance approving Amendment No. A -040-2024, and Planned Unit Development No. PUD-019-2024.

BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.32.030 and 9.12.030.020, are as follows:

FACTS:

The project site is currently comprised of an approximately 38,775 square-foot (0.88 acres) parcel on the east side of Newhope Street, north of Garden Grove Boulevard.

Resolution No. 6086-24 Page 3

The site is currently developed with a vacant single -family residence. The subject site has a General Plan Land Use designation of Medium Density Residential (MDR) and is zoned R-1 (Single Family Residential). The property abuts R-1 zoned properties developed with single-family dwellings to the east. To the north, south, and west, across Newhope Street, the subject site is adjacent to the Garden Park Townhome s condominium development, within the Planned Unit Development No. PUD -102-72 zone.

The proposed project will consist of fifteen (15) three-story detached single-family style condominium units. Each unit is approximately 1,675 square feet, and will consist of three (3) or four (4) bedrooms, two (2) or three (3 ) full bathrooms, one (1) or two (2) half bathrooms, an attached two -car garage, and a front porch.

The subject property’s MDR land use designation is intended for the development of mainly multi -family residential neighborhoods that: provide a variety of housing types; provide access to schools, parks, and other community services; provide a high-quality architectural design that preserves privacy; provide common spaces, recreation areas and services convenient to residents; provide an excellent environment for family life; and preserve residential property values. The MDR land use designation allows for a residential density of up to 32 dwelling units per acre.

FINDINGS AND REASONS:

Zoning Amendment

1. Proposed Amendment No. A-040-2024 is internally consistent with the goals, policies, and elements of the General Plan.

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

The proposed PUD -019-2024 with an R -3 (Multiple-Family Residential) base zone implements the MDR Land Use Designation. This PUD zone is intended to facilitate the development of the subject condominium development. The MDR land use designation is intended for a range of 21.1 to 32 dwelling units per Resolution No. 6086-24 Page 4

acre. The proposed project will consist of 15 units, or 17 units per acre, which is less than the maximum allowed.

Rezoning the 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 is consistent with the goals and policies of the General Plan Land Use Element, including:

Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of residential 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 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, characteriz ed 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 units per acre otherwise allowed under the R -3 base zoning and the existing Medium Density Residential (MDR) General Plan Land Use Designation of the property. The proposed PUD will , limit the maximum density to seventeen (17) units per acre. The proposed project is within the allowed density of the MDR land use designation and is 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.

Resolution No. 6086-24 Page 5

Approval of the proposed Zoning Map Amendment will facilitate the development of an existing property with fifteen (15) condominium. The construction of the new residential units would increase the local p opulation, 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. This type of project helps further diversify the City’s housing stock and increase housing opportunities . The number of units will further contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).

Approval of the proposed Zoning Map Amendment will facilitate the development of a vacant single -family developed property with fift een (15), detached, market-rate residential units. The zoning amendment, to establish residential Planned Unit Development ( PUD-019-2024) zoning with an R -3 base zone allows for this development specifically. This medium-density development will provide a net increase of four teen (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 surro unded on three sides by the existing Garden Park Townhomes development. The adoption of the PUD -019-2024 zone will help ensure the proposed development will be consistent with the existing townhom e community. The proposed three-story townhome project will be consistent with the form and scale of the immediate neighborhood.

2. Proposed Amendment No. A -040-2024 is deemed to promote the public interest, health, safety and welfare.

with an R -3 (Multiple -Family Residential) base zone, to facilitate the development of the proposed fifteen (15) u nit project, and to ensure consistency with the existing General Plan Land Use Designation of Medium Density Residential (MDR).

The subject property is currently improved with an unoccupied single -family home. As facilitated through the proposed Amendment, an otherwise vacant property will be developed with fifteen (15) residential units, and associated site features. A net increase of fourteen (14) residential units will help promote the public interest, as it helps the City achieve its housing goals. It also will allow the redevelopment of a property, helping ensure proper maintenance.

Furthermore, the project has been reviewed by the Community Development and Public Works Department, and Orange County Fire Authority to help ensure the project promotes public health, safety, and welfare.

3. The proposed Zoning Map Amendment will ensure a degree of compatibility with surrounding properties and uses.

Under the proposed Amendment No. A -040-2024, the City’s Official Zoning Map will be amended to rezo ne 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 ensu re 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 project. The site’s proposed small -lot subdivision style housing is compatible with the surrounding residential uses and properties. Accordingly, the R-3 base zoning designation is appropriate for the site and will ensure that the site is compatible with and is developed and maintained in continuity with surrounding land uses.

4. The parcels covered by the proposed amendment to the Zoning Map are physically suitable for the requested land use designation(s), compatible with the surrounding land uses, and consistent with the General Plan.

Under the proposed Amendment No. A -040-2024, the City’s Official Zoning Map will be amended to rezone the project site from zoning map amendment to re -zone the subject property from R -1 (Single-Family Residential) to residential Planned Unit Development (P UD-019-2024) zoning with an R -3 (Multiple-Family Residential) base zone, to facilitate the development of the proposed fifteen (15) unit detached condominium project, and to ensure Resolution No. 6086-24 Page 7

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 townhome project. The site’s proposed detached, single-family style condominium units are 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 variety of residential developments in the immediate area. In addition, the site has access to all necessary public infrastructure to adequately serve the proposed development.

Planned Unit Development

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

The proposed residential Planned Unit Development is intended to facilitate a housing development that is more compatible with the surrounding Garden Park Townhome development. The surrounding Garden Park Townhomes were constructed at a density of approximately eleven (11) units per acre, with ten- foot (10’-0”) setbacks to the side and rear property lines, 31.08% lot coverage, and a parking ratio of approximately 2. 2 parking spaces per unit. The proposed project, as facilitated through the residential Planned Unit Development, will provide a density of approximately seventeen (17) dwelling units per acre, with minimum ten-foot (10’-0”) side and rear setbacks, 29.43% lot coverage, and 4.1 parking spaces per unit, respectively.

The Planned Unit Development allows for the proposed development to be more consistent with the Garden Park Townhomes that surround the subject site. The Garden Park Townhomes were approved in 1972, under Planned Unit Development No. PUD -102-72. The Planned Unit Development adopted for the townhomes in 1972 do not meet the current Municipal Code standards.

Therefore, the proposed Planned Unit Development No. PUD -019-2024 is necessary and appropriate to establish development standards that are more consistent and compatible with the development standards of the Garden Park Townhomes.

2. That the plan will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding or access streets.

The subject project proposes an internal twenty-four foot (24’-0”) wide central drive aisle that leads from the development’s entrance from Newhope Street.

Resolution No. 6086-24 Page 8

The proposed private street will serve as the only vehicular access point to the project site. Each proposed unit is improved with an attached garage and driveway for parking, which have access from the central drive aisle. Just south of the private aisle, and running parallel with it, is a four -foot (4’-0”) wide sidewalk. The internal sidewalk connect the common recreation area and guest parking spaces to the development. Certain units along the southern property line have a three -foot (3’-0”) wide concrete walkway that connects the entries to the sidewalk. The remaining units have a three-foot (3’-0”) wide walkway that connects the entries to their respective driveway areas.

The on-site circulation was designed in such a manner to ensure proper access and safety for vehicles driving within the proposed development , and along the adjacent Newhope Street. The City’s Traffic Engineering Division is supportive of the project, and has reviewed the proposed plans, and the associated Traffic Memorandum prepared by a qualified Traffic Engineer.

3. That the provision is made for both public and private open spaces.

Each unit will provide a private recreation area with depths ranging from ten feet (10’-0”) to fifteen feet (15’-0”) and widths ranging from twenty-eight feet and six inches (28’ -6”) to thirty -three feet (33’ -0”). The private recreation areas are conveniently accessed from the entry to each unit, on the ground - floor, adjacent to the garage. Conditions of approval will require that all private recreation areas be open and unobstructed from the ground to the sky at all times.

Additionally, the Planned Unit Development S tandards propose a minimum common recreation space of 100 square feet per unit. The project will provide the required common recreation area in the southwest corner of the property, adjacent to the main entrance from Newhope Street. The project provides an approximately 1,590 square -foot active recreational op en space area with minimum dimensions of 35’-0” in each direction. The recreation area features lounge seating, a shade structure, and a flexible lawn space

The central drive aisle, sidewalk, and front and side yard landscaping are all private to the subject development, but open and shared amongst the proposed units. These areas will also feature passive landscaping, lighting, and other site features.

4. That provision is made for the protection and maintenance of private areas reserved for common use.

The Planned Unit Development provides for the protection and maintenance of private areas for common use via a shared recreation area on-site.

Resolution No. 6086-24 Page 9

The Plann ed Unit Development Standards propose a minimu m common recreation space of 100 square feet per unit. The project will provide the required common recreation area in the southwest corner of the property, adjacent to the main entrance from Newhope Street. The project provides an approximately 1,590 square -foot active recreational open space area with minimum dimensions of 35’-0” in each direction. The recreation area features lounge seating, a shade structure, and a flexible lawn space.

5. That the quality of the project achieved through the planned unit development zoning is greater than could be achieved through traditional zoning.

The requested Planned Unit Development will help facilitate the development of residential units, to be sold as condominium s, similar to the Garden Park Townhomes. The Garden Park Townhomes were approved in 1972, under Planned Unit Development No. PUD -102-72. The PUD -102-72 development standards do not meet the current Municipal Code standards, for amongst other things, setbacks, parking, and required open space. In an effort to be consistent with the directly adjacent Garden Park Townhomes development, the subject project is intending to develop in a similar scale and scope. Strictly following the R-3 base zone standards would not allow for the proposed project to more closely match the development patterns of the existing neighborhood.

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.

These development standards differ from those achieved through traditional zoning. The adoption of the Planned Unit Development will allow for the subject parcel to develop in a manner consistent with the surrounding neighborhood. Maintaining neighborhood consistency, and harmony amongst different developments, can only be achieved through the proposed PUD.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT AND RESOLUTION NO. 6086-24

In addition to the foregoing, the Planning Commission incorporates herein by this reference the facts and findings set forth in the staff report and in Resolution Nos. 6087-24 and 6088-24.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. The Amendment No. A -040-2024 and Planned Unit Development No.

PUD-019-2024 possess characteristics that would indicate justification of the request in accordance with Mun icipal Code Section 9.32.030.D.2 (Zone Change), and 9.12.030.020 (Planned Unit Development).

Resolution No. 6086-24 Page 10

2. Upon City Council approval of Amendment No. A -040-2024 and Planned Unit Development No. PUD -019-2024, the City of Garden Grove General Plan Zoning Map would be amended to modify the City’s Official Zoning Map to change the zoning of the subject property, located at 12828 Newhope Street, Assessor’s Parcel No. 090 -671-07, from R -1 (Single-Family Residential) to residential Planned Unit Development (PUD -019-2024) zoning with an R -3 (Multiple-Family Residential) base zone, per the attached map/exhibits, Exhibit “B”.

3. The overall development and subsequent occupancy and operation of the site shall be subject to those environmental mitigation measures identified in the Mitigated Negative Declaration and associated Mitigation Mo nitoring and Reporting Program.

4. The following Standards of Development shall apply to PUD-019-2024:

STANDARDS OF DEVELOPMENT:

All standards of development as spec ified in the attached Exhibit “A ” (Standards of Development for Planned Unit Development No. PUD -019-2024) shall apply.

Wherever a development standard is not specified in the PUD, the latest provisions of the Garden Grove Municipal Code shall apply.

EXHIBIT “A”

STANDARDS OF DEVELOPMENT FOR PLANNED UNIT DEVELOPMENT NO.

PUD-019-2024

ATTACHMENT TO PLANNING COMMISSION RESOLUTION NO. 6086-24

SECTION I. APPLICABILITY

The provisions contained in this Planned Unit Development (PUD) supplemental text shall apply, as specified, to the multiple -family residential uses permitted under PUD-019-2024, and pursuant to the implementation provisions for PUD-019-2024 as found under Planning Commission Resolution No. 6087-24 for Site Plan No.

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

V-042-2024. Except as otherwise stated in this text, the requirements of the City of Garden Grove Municipal Code development standards for the R -3 (Multiple-Family Residential) zone and applicable zoning ordinances shall apply.

Resolution No. 6086-24 Page 11

SECTION II. GENERAL DEVELOPMENT STANDARDS

A. Purpose and Intent

The purpose and intent of Planned Unit Development No. PUD -019-2024 is to facilitate the development of fifteen (15) detached residential condominium units , pursuant to the implementation provisions for PUD -019-2024 as found under Planning Commission Resolution No. 6087-24 for Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024.

B. Maximum Density

The density for the subject site shall not exceed a maximum of seventeen (17) dwelling units per acre.

C. Parking

Parking for residential uses within PUD-019-2024 shall be a minimum of 3.75 spaces per unit, and shall comply with the following:

1. Each unit shall provide an attached two-car enclosed garage with a minimum interior clearance of twenty-foot (20’-0”) depth and twenty- foot (20’-0”) width.

2. Two (2) guest parking spaces shall be located in front of the enclosed garage in the driveway. Each guest parking space shall have a minimum dimension of eight feet (8’-0”) by eighteen feet (18’-0”).

D. Development Streets and Sidewalks

1. The property shall maintain a minimum 24’-0” wide private-street, with direct access to Newhope Street, for the purposes of providing access to each individual driveway for each unit.

2. A minimum four-foot (4’-0”) wide sidewalk, providing pedestrian access to Newhope Street, shall be provided parallel to a minimum of one ful l length of the private street.

E. Common Recreation Area

The project shall provide a minimum of 100 square feet per unit of common recreation area, which is accessible to all residents within the subdivision.

1. Common recreation area shall have minimum dimensions of thirty feet (30’-0”) wide.

Resolution No. 6086-24 Page 12

F. Private Recreation Area

A private recreation area shall be provided for each unit. The private recreation area shall comply with the following standards:

1. Each dwelling unit shall have a private recreation area that shall have a minimum dimension of ten feet (10’-0”) by twenty-five feet (25’-0”) wide.

G. Development Setbacks

The following minimum setbacks shall be obse rved to the development’s perimeter property lines, unless otherwise specified:

1. The development block wall shall maintain a minimum five-foot (5’-0”) setback from the property line along Newhope Street (west). Elsewhere for the development, the block wal l may b e located on the property lines, up to a maximum height of seven feet (7’-0”).

2. All dwelling units shall maintain the following setbacks to the development property lines:

a. Minimum fourteen-foot (14’-0”) front setback to all floors b. Minimum ten-foot (10’-0”) side setback to all floors c. Minimum ten-foot (10’-0”) rear setback to all floors

3. All dwelling units and structures shall maintain a minimum seven -and- a-half-foot separation (7’-6”), as measured from wall to wall.

4. Any accessory structures provided in the common recreation space shall maintain the following setbacks to the development property lines:

a. Minimum fourteen-foot (14’-0”) front setback
b. Minimum five-foot (5’-0”) side setback
c. Minimum five-foot (5’-0”) rear setback

5. Garages, with straight -in access to the garage, shall maintain a minimum setback of eighteen (18’-0”) feet, as measured to the face of curb on the private street.

H. Dwelling Height

Dwellings located adjacent to all zones, including R-1, may be designed in a three- story configuration, and shall not exceed a maximum of three stories with a maximum building height of thirty-five feet (35’-0”), measured from adjacent finished grade to Resolution No. 6086-24 Page 13

the highest point on the roof. Third story living area floor space shall not be limited to any specific area percentage of any of the lower stories.

I. Dwelling Unit Entries

Each dwelling unit shall provide a minimum two -foot (2’-0”) deep covered entry on the ground level, to serve as the primary entry.

J. Base Zone

The base zone is R -3 (Multiple-Family Residential). Except as otherwise provided these Planned Unit Development Provisions and Standards of Development, the development standards of the R-3 zoning district shall continue to apply to property within the ar ea covered by this Planned Unit Development. In the event of any conflict between the se Planned Unit Development Provisions and Standards of Development and the base zone, the provisions of the se Planned Unit Development Provisions and Standards of Development shall prevail.

K. Implementation

The residential project authorized by this Planned Unit Development shall be implemented through development in compliance with Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024, as approved by the Garden Grove City Council, including all related Conditions of Approval, and/or any duly approved amendments to Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024. Minor modifications to the Site Plan and/or the Conditions of Approval to Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and/or Variance No.

V-042-2024, which do not materially change the scope or intensity of the project and which will not result in impacts that have not previously been addressed, may be approved by the Department Director. Amendments to Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024, which do not require an amendment to this Planned Unit Development, may be approved by the Planning Commission.

L. Project Modifications and Subsequent Development

The project reflected in Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V -042-2024 was designed in accordance with the zoning and subdivisions standards in effect as of the project application submittal date. Modifications to the approved project and all subsequent use and development occurring after construction of the approved project shall be subject to the zoning and development standards in effect on the date of submittal of a complete Resolution No. 6086-24 Page 14

application for such modifications or subsequent developm ent and/or commencement of such use.

Adopted this 18th day of April 2024

ATTEST: /s/ JOSH LINDSDAY __________
CHAIR
/s/ JUDITH MOORE_____________

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, JUDITH MOORE, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Garden Grove, California, at a meeting held on April 18, 2024, by the following vote:

AYES: COMMISSIONERS: (5) CUNNINGHAM, LARICCHIA, LINDSAY,

PAREDES, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (2) ARBGAST, CUEVA

/s/ JUDITH MOORE ___________

RECORDING SECRETARY

CITY OF GARDEN GROVE

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING SERVICES DIVISION
APRIL 2024

Exhibit “B”
A-040-2024, & PUD-019-2024

LEGEND

SUBJECT SITE(S)
APN: 090-671-07
NOTES

1. SITE ADDRESS – 12828 NEWHOPE STREET

2. CURRENT ZONING: R-1 (SINGLE-FAMILY RESIDENTIAL)

3. PROPOSED ZONING: PUD -019-2024 WITH AN R-3 (MULTIPLE-FAMILY

RESIDENTIAL) BASE ZONE
RESOLUTION NO. 6087-24

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE PLAN NO. SP -136-2024, VESTING TENTATIVE TRACT MAP NO. TT-19298, AND VARIANCE NO. V -042-2024

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.

BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on April 18, 2024, does hereby recommend that the City Council approve Site Plan No. SP-136-2024, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024 for the 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, subject to (i) the Conditions of Approval attached hereto as “Exhibit A”; (ii) City Council adoption and effectiveness of an Ordinance app roving Zoning Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024; and (iii) City Council approval of a Resolution adopting a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project.

BE IT FURTHER RESOLVED in the matter of Site Plan No. SP -136-2024, Vesting Tentative Tract Map No. TT -19298, and Variance No. V -042-2024, the Planning Commission of the City of Garden Grove does hereby report as follows:

1. The subject case was initiated by Olson Urban Housing, LLC ., with authorization of property owner, the Frederick H. Bruggeman Trust.

2. 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 devia te from the minimum property size to establish a residential Planned Unit Development (collectively, the “Project”).

3. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 Cali fornia 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 m easures cannot, or will not, have a significant effect on the environment. A Mitigation Monitoring and Reporting Program (MMRP) has

Resolution No. 6087-24 Page 2

been prepared and is attached to the Mitigated Negative 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.

4. Concurrently with its adoption of this Resolution, the Planning Commission also adopted (A) Resolution No. 6086-24 recommending that the City Council approve (i) Zoning Amendment No. A -040-2024 to amend the City’s Official Zoning Map to change the zoning of the subject propert y from R-1 (Single- Family Residential) to Residential Planned Unit Development (PUD-019-2024) zoning with an R-3 (Multiple-Family Residential) base zone, and (ii) residential Planned Unit Development No. PUD -019-2024 to establish development standards to facilitate the development of the project, and (B) Resolution No. 6088-24 recommending that the City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project. The facts and findings set forth in Resolution No. 6086-24 and Resolution No. 6088-24 are hereby incorporated into this Resolution by reference.

5. The property has a General Plan Land Use designation of Medium Density Residential (MDR), and is currently zoned Single-Family Residential (R-1). The subject 0.88-acre lot is currently improved with a vacant single -family dwelling.

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

7. The report submitted by City staff was reviewed.

8. Pursuant to a legal notice, a public hearing was held on April 18, 2024, and all interested persons were given an opportunity to be heard.

9. The Planning Commission gave due and careful consideration to the matter during its meeting of April 18, 2024 , and con sidered all oral and written testimony presented regarding the Project, the Initial Study, and the Mitigated Negative Declaration.

BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission , as required under Municipal Code Sections 9.32.030 and 9.40.060, are as follows:

Resolution No. 6087-24 Page 3

FACTS:

The project site is currently comprised of an approximately 38,775 square-foot (0.88 acres) parcel on the east side of Newhope Street, north of Garden Grove Boulevard.

The site is currently developed with a vacant single-family residence. The subject site has a General Plan Land Use designation of Medium Density Residential (MDR) and is zoned R -1 (Single -Family Residential). The property abuts R -1 zoned properties developed with single-family dwellings to the east. To the north, south, and west, across Newhope Street, the subject site is adjacent to the Garden Park Townhomes condominium development, withi n the Planned Unit Development No.

PUD-102-72 zone.

The proposed project will consist of fifteen (15), three -story detached single-family style condominium units . Each unit is approximately 1,675 square feet, and will consist of three (3) or four (4) bedrooms, two (2) or three (3) full bathrooms, one (1) or two (2) half bathrooms, an attached two -car garage, and a front porch.

The project site’s MDR land use designation is intended for the development of mainly multi-family residential neighborhoods that: provide a variety of housing types; provide access to schools, parks, and other community services; provide a high - quality architectural design that preserves privacy; provide common spaces, recreation areas and servi ces convenient to residents; provide an excellent environment for family life; and preserve residential property values. The MDR land use designation allows for a residential density of up to 32 dwelling units per acre.

FINDINGS AND REASONS:

SITE PLAN

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 the 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 enhance residential areas

Resolution No. 6087-24 Page 4

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:

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 Gard en 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.

Resolution No. 6087-24 Page 5

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, r esidential 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 to wnhome community. 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 prop osed 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 Progr am has been prepared and is attached to the Mitigated Negative 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. 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 Coun cil adopt a Mitigated Negative Declaration and the associated Mitigation 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 Sec tion 65589.5, on public health and safety without any feasible method to satisfactorily mitigate

Resolution No. 6087-24 Page 6

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 proposed project is within the maximum allowable density, is compatible with surrounding uses, is similar in scale to the adjoining neighborhood, and is consistent with l and 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.

VESTING TENTATIVE TRACT MAP

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

With the 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). The MDR land use designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multi -family apartments, condominiums, and townhomes.

The MD R 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 preserve residents’ real estate values and their high quality of life. The propose d 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.

Resolution No. 6087-24 Page 7

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 units 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 improvemen t 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 residential 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 fi fteen (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

Resolution No. 6087-24 Page 8

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 he ight 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 pro posed 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 Prog ram has been prepared and is attached to the Mitigated Negative 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 proposed project will consist of fifteen (15) units which is within that allowable density. The proposed PUD development standards ha ve 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 allowed under the MDR land us e designation, and the proposed PUD-019-2024 with R-3 base zoning.

6. That the design of the subdivisio n 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

Resolution No. 6087-24 Page 9

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 th e project may have on the community, including public health.

7. That the design of the 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; 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 variety 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

Resolution No. 6087-24 Page 10

accommodate the fifteen (15) residential units on the subject property, and to create a one -lot subdivision for the purpo se 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 that the character of the subdivision is compatible with the design of existing structures.

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 vicinity, 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. This design is similar to the surrounding 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.

11. That the 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 residential units as a condominiums. The proposed subdivision would allow for the sale of each proposed residential unit. This design is similar to the surrounding Garden Park Townho mes development. Moreover, the project complies with the density requirements of the General Plan, as well as the proposed Residential

Resolution No. 6087-24 Page 11

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 fire suppression services, an d 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 impr ovements 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 Quality Control Board requirements.

VARIANCE

Section 9.12.030.020.C.2 of the Municipal Code requires all residential Planned Unit Developments to provide a minimum lot size of one (1) acre. The subject lot is 0.88 acres in area, which is less than the minimum. Therefore, a Variance is required for the establishment of the PUD zone , and to allow a deviation from the minimum lot size requirement for a residential PUD.

Pursuant Garden Grove Municipal Code Section 9.32.030.D.6, in order to grant a property owner's request for a Variance, the Planning Comm ission must make each of the following five (5) findings:

1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use or development of

Resolution No. 6087-24 Page 12

the property that do not apply generally to other property in the same zone or neighborhood.

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. There are exceptional o r 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, developed 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.

Therefore, the proposed Planned Unit Development is necessary to establish development standards that are more consistent and com patible 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 preservation 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.

Resolution No. 6087-24 Page 13

designation. The MDR land use is implemented through higher density residential zones, such as the R -3 (Multiple-Family Residential) zone. The current R-1 zoning of the property only allows 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. Thus, the PUD rectifies an existing condition wherein the subject property is denied develo pment 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, appr oval of the proposed Variance will not set a precedent, and will allow the applicant to enjoy 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 residen tial 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 wh at 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 Californi a Environmental Quality Act (CEQA) guidelines, and found that any environmental impacts would 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

Resolution No. 6087-24 Page 14

by all City departments in order to ens ure 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 thro ugh 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 resid ential development that is more akin to those implemented by the R-3 zone. Thus, the PUD ultimately makes the subj ect 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 th e 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.

Resolution No. 6087-24 Page 15

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 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 es tablished 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 Garde n 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.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN THE STAFF REPORT

In addition to the foregoing, the Planning Commission incorporates herein by this reference the facts and findings set forth in the staff report and in Resolution Nos. 6086-24 and 6088-24.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. The Site Plan, Vesting Tentative Tract Map , and Variance possess characteristics that would justify the request in accordance with Municipal Code Sections 9.32.030.D.3 (Site Plan), Section 9.40.060 (Tentative Maps), Section

9.32.030.D.6 (Variance), and 9.60.020 (Review of Housing Development Projects).

2. 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, Vesting Tentative Tract Map No. TT-19298, and Variance No. V-042-2024.

Resolution No. 6087-24 Page 16

Adopted this 18th day of April 2024

ATTEST: /s/ JOSH LINDSDAY __________
CHAIR
/s/ JUDITH MOORE_____________

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

AYES: COMMISSIONERS: (5) CUNNINGHAM, LARICCHIA, LINDSAY,

PAREDES, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (2) ARBGAST, CUEVA

/s/ JUDITH MOORE ___________

RECORDING SECRETARY

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 Approval,” 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 subsequent 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 modifications to the approved Site P lan, and/or these Conditions of Approval m ay 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 would 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.

Exhibit “A” Page 2 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 of governing regulatory requirements. The report shall make recommendations for foundations and pavement structural section design of interior streets and parking spaces. The report shall also test and analyze soil conditions for LID (Low Impact Development) principles and the implementation of water quality for 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 recommendat ions and findings, including, but not limited to, infiltration minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas as required by the latest adopted County of Orange Technical Guidance Document (TGD).

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

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

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

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

Exhibit “A” Page 3 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 dra ins 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 connections to C ity-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 multiple-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 Standard Drawings & Specifications. All demolition and grading plans shall incorporate the mitigation m easures 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 Exhibit “A” Page 4 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

System established by the County Surveyor 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.

b. Prior to recordation of a tract map, the surveyor/engineer preparing the map shall submit to t he 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 check com ments 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 th e 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.

Exhibit “A” Page 5 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 Grov e Standard B -504, B -505, B -506, and B-508, or designed by a professio nal 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 throu gh 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, tree wel l 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 require 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.

Exhibit “A” Page 6 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 ap plicant 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 Ne whope Street and construct new m inimum 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 gutter 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 bound ary 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 be 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.

Exhibit “A” Page 7 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 other applicable mitigation fees identified in Chapter 9.44 of the Garden Grove Municipal Code, along with all other applicable fees duly adopted by the City. The amount of said fees shall be calculated based on the City’s current fee schedule 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 Exhibit “A” Page 8 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 (centerline and corner) and benchmarks located within the limits of the project. If any of the above require removal; relocation or resetting, the Contractor shall, prior to any construction work, and under the supervision of a California-licensed Land Surveyor, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and bench marks disturbed during construction shall be reset per Orange County Surveyor Standards after construction. 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 due 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 Exhibit “A” Page 9 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 meter protection, should a large meter for multiple units be proposed. The land scape 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 Divi sion.

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) per 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.

Exhibit “A” Page 10 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 lat eral shall have above -ground backflow device with a double -check valve assembly. The device shall be tested immediately after installation, and once a year thereafter by a certified backflow device tester, and the results to be submitted to 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 sh all 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.

Exhibit “A” Page 11 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 subject to the following:

Exhibit “A” Page 12 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 sidewalk and the development wall with ground cover, shrubs and bushes, and trees that highlight the project’s entranc e as well as enhance the exterior appearance along Newhope Street. The plant material for the entrance shall be the type to inhibit graffiti such 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 plan ted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of Exhibit “A” Page 13 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 lif e 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 the 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 landscaping 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 use methanol, natural gas, propane or butane vehicles instead of gasoline or diesel powered equipment, where feasible. Also, use of solar, low emission water heaters, and low sodium parking lot lights, shall be required to ensure compliance with Title 24.

64. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's ) for review and approval by the City Atto rney's office and Community Development Department prior to the issuance of building permits. The Exhibit “A” Page 14 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 necessary. Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.

f. Each residence shall be utilized as 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., from maneuvering around the cul-de-sac.

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

Exhibit “A” Page 15 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, and open space areas within the interior of the development, and the landscape setback areas outside the development walls adjacent to 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 maximum 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 c ommon areas, and any landscaping within the public right-of-way shall be maintained for the life of the project and such maintenance provisions shall be included in the CC&R’s.

m. The common recreation areas, as identified on the approved site plan, shall be equipped 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.

Exhibit “A” Page 16 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 Cit y of Garden Grove Community Development Department, and is incorporated herein by this reference. The Committee shall maintain a copy of the current WQMP at a location on the Property.

Exhibit “A” Page 17 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

The Property shall be, and the Homeowner's Association sh all ensure that the Property is used and maintained in full compliance with the provisions of the O& M Plan and Chapter 6.40
(Stormwater Quality) of the Garden Grove Municipal Code, as it may be amended. The City shall have the right to inspect the Property for the purpose of verifying compliance with this provision. The City of Garden Grove shall be an intended third- party 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 Association, Owners, their successors and assigns, or other persons in possession of the Property. This provision shall not be amended or terminated without the written approval of the City of Garden Gr ove 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, Exhibit “A” Page 18 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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

V-042-2024 approvals, or to a bate 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 D eclarations 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 O wner 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 del inquent 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 i ncurred in connection with 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 substantially amended without the prior written Exhibit “A” Page 19 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

approval of the Cit y 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 approved 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 property’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 b y 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 heigh t of Exhibit “A” Page 20 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

6’-0”, up to a maximum of 7’ -0”, as measured from highest point 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 requir ement 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 n ew 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 resource is determined by the paleontologist or archeologist (work can continue elsewhere on the project site). Any mitigation, monitoring, collection, and specimen/resource treatment measures recomme nded 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 Development 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 Exhibit “A” Page 21 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

and Reporting Program adopted by the City Council 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 project construction through completion. The developer/applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.

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 Tentative 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 Council, 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 shall fu rther pay any adverse financial award, which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action refe rred 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 Exhibit “A” Page 22 SP-136-2024, Vesting TT-19298, & V-042-2024
Conditions of Approval

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 effect ive 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.

RESOLUTION NO. 6088-24

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

RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE

DECLARATION AND AN ASSOCIATED MITIGATION MONITORING AND REPORTING

PROGRAM FOR THE NEWHOPE AND GARDEN GROVE RESIDENTIAL PROJECT 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 multiple -family residential project consisting of fifteen (15) residential units, along with associated site improvements, on properties located on the east side of Newhope Street, north of Garden Grove Boulevard, at 12828 Newhope Street, Assessor’s Parcel No. 090-671-07 (the “Property”); and

WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) zoning map amendment to re-zone the subject property from R -1 (Single -Family Residential) to residential Planned Unit Development (PUD-019-2024) zoning with an R -3 (Multiple -Family Residential) base zone; (ii) residential Planned Unit Development to facilitate the development of the project; (iii) Site Plan approval to construct fifteen (15) three-story detached homes along with associated site i mprovements; (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 residential Planned Unit Development (collectively, the “Project”); and

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

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

WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission also adopted Resolution No. 6086 -24 recommending that the City Council approve Amendment No. A -040-2024 and Planned Unit Development No.

Resolution No. 6088-24 Page 2
PUD-019-2024, and Resolution No. 6087 -24 recommending that the City Council approve Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298, subject to specified Conditions of Approval; and

WHEREAS, at its regular meeting held April 18, 2024, the Planning Commission of the City of Garden Grove held a duly noticed public hearing and considered the report submitted by City staff and all oral and written testimony presented regarding the Project, the Initial S tudy, and the proposed Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.

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

1. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an Initial Study was prepared, and it has been determined that the Project qualifies for a Mitigated Negative Declaration because the Project , with the proposed mitigation measures cannot, or will not, have a significant effect on the environment. The Mitigated Negative Declaration with mitigation measures was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.

2. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the public review process.

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

4. The Planning Commission finds on the basis of the whole r ecord before it, including the Initial Study and comments received, that there is no substantial evidence that the Project, with the proposed mitigation measures, will have a significant effect on the environment.

5. The Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project.

Adopted this 18th day of April 2024

ATTEST: /s/ JOSH LINDSDAY __________
CHAIR
/s/ JUDITH MOORE_____________

RECORDING SECRETARY

Resolution No. 6088-24 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

AYES: COMMISSIONERS: (5) CUNNINGHAM, LARICCHIA, LINDSAY,

PAREDES, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (2) ARBGAST, CUEVA

/s/ JUDITH MOORE ___________

RECORDING SECRETARY

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 1 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
MM
No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
Cultural Resources
CUL-1 Unanticipated Discovery of Archaeological
Resources.

Prior to issuance of grading permits, the Applicant shall provide educational material designed to assist Project construction crews identify potential archaeological
resources during grading. These materials shall specify the following procedures to be followed if resources are
discovered, and shall be distributed to construction crews prior to initiation of construction activities. In addition, construction plans and specifications shall state that in the event that potential archaeological resources are
discovered during excavation, grading, or construction
activities, work shall cease within 50 feet of the find and the City shall be immediately notified. A qualified
archaeologist meeting the Secretary of Interior’s
Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A shall flag the area in the field and shall evaluate the find to determine whether the find constitutes a “unique archaeological resource,” as defined in Section 21083.2(g) of the California Public Resources Code. If the find is considered a “unique archaeological resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the
deposits.

Requirement
to be included
in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During ground
disturbing
activities

Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)

Planning:

Building:

Planning:

Building:

Planning:

Building:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 2 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

Recovery, salvage and treatment protocols shall be
developed in accordance with applicable provisions of
Public Resource Code Section 21083.2 and State CEQA
Guidelines 15064.5 and 15126.4 in consultation with the City. Per CEQA Guidelines Section 15126.4(b)(3),
preservation in place shall be the preferred method of
handling as to avoid any adverse impacts to the “unique archaeological resource.” All recovered and salvaged
resources shall undergo an identification process. The
permanent preservation of the unique archaeological
resource by an established accredited professional
repository selected by the archaeologist, or repatriation of the recovered resources in cooperation with the designated most likely descendant shall occur as needed. The
archaeologist shall have a repository agreement in hand prior to initiating recovery of the resource.

Requirement
to be included
in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During ground
disturbing
activities

Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 3 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
MM
No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
CUL-1 Cultural Resources. Unanticipated Discovery of
Archaeological Resources – Continued.
. If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. The archaeologist shall prepare a comprehensive report complete with methods and results that shall be
submitted to the City of Garden Grove Building and Safety Division, the South Central Coastal Information Center, and the State Historic Preservation Office (SHPO), if
required. Prior to commencement of grading activities, the City of Garden Grove Building and Safety Division shall verify that all project grading and construction plans
include specific requirements regarding Public Resources Code Section 21083.2(g) and the treatment of
archaeological resources as specified herein.

Requirement
to be included
in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During ground
disturbing
activities

Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 4 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party Remarks Initials Date
Geology and Soils
GEO-1 Unanticipated Discovery of Paleontological
Resources.

If evidence of subsurface paleontological resources is
found during construction activities, excavations within 50 feet of the find shall cease and the construction
contractor shall contact the City of Garden Grove
Community Development Director. With direction from
the Community Development Director, a qualified
paleontologist certified by the County of Orange shall
be retained to evaluate the find prior to resuming
construction activities in the immediate vicinity of the find. If the City of Garden Grove determines the
resource is significant and cannot be immediately
recovered, then the qualified paleontologist shall
prepare and execute a Paleontological Resources
Mitigation Program (PRMP) for the salvage and
curation of the identified resource(s). The PRMP shall
specify the fieldwork and laboratory methods to be
undertaken, curation requirements, proposed staff
qualifications, and whether the entire resource is to be collected or a specified statistically significant sample.

Requirement
to be
included in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During ground
disturbing
activities

Community
Development
Department
(Building and
Safety
Division;
Community
Development
Director)

Building:

Director:

Building:

Director:

Building:

Director:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 5 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Hazards and Hazardous Materials
HAZ-1 Asbestos.

Prior to demolition activities, the Applicant shall
provide an asbestos survey conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and
California Division of Occupational Safety and Health
(Cal/OSHA) certified building inspector to determine
the presence or absence of asbestos containing-
materials (ACMs). The sampling method to be used
shall be based on the statistical probability that
construction materials similar in color and texture
contain similar amounts of asbestos. In areas where
the material appears to be homogeneous in color and
texture over a wide area, bulk samples shall be
collected at discrete locations from within these areas.

In unique or nonhomogeneous areas, discrete
samples of potential ACMs shall be collected. The
survey shall identify the likelihood that asbestos is
present in concentrations greater than 1 percent in
construction materials.

If ACMs are located, abatement of asbestos shall be
completed prior to any activities that would disturb
ACMs or create an airborne asbestos hazard
Monitoring/
Field
Inspection

Prior to
Demolition
Activities

Community
Development
Department
(Building and
Safety Division;
City Building
Official)

Building:

City
Building
Official:

Building:

City
Building
Official:

Building:

City
Building
Official:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 6 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
HAZ-1 Hazards and Hazardous Materials. Asbestos -
Continued.

Asbestos removal shall be performed by a State
certified asbestos containment contractor in
accordance with the South Coast Air Quality
Management District (SCAQMD) Rule 1403. Common
asbestos abatement techniques involve removal,
encapsulation, or enclosure.

Asbestos shall be removed when the material is in
poor physical condition and there is sufficient space
for the removal technique. Asbestos shall be
encapsulated when the material has sufficient
resistance to ripping, has a hard or sealed surface, or is difficult to reach.

Asbestos shall be enclosed when the material is in
perfect physical condition, or if the material cannot be removed from the site for reasons of protection
against fire, heat, or noise. The State certified
asbestos containment contractor shall provide
evidence acceptable to the City Building Official that
asbestos surveys, containment and removal have
been completed as required by SCAQMD.

Monitoring/
Field
Inspection

Prior to
Demolition

Community
Development
Department
(Building and
Safety Division,
City Building
Official)

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 7 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Noise
NOI-1 Construction Noise.

The Project contractor shall implement the following
best management practices:

1. 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.

No construction activities are permitted during
nighttime hours or holidays.

2. During all Project site excavation and grading on-
site, construction contractors shall equip all
construction equipment, fixed or mobile, with
properly operating and maintained mufflers,
consistent with manufacturer standards.

Requirement
to be
included in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During
Construction
Community
Development
Department
(Building and
Safety
Division)

Building: Building: Building:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 8 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
NOI-1 Noise. Construction Noise - Continued.

3. Equipment shall be shut off and not left to idle
when not in use.

4. The contractor shall locate equipment staging in
areas that will create the greatest distance
between construction-related noise/vibration
sources and nearest sensitive receptor buildings
during all Project construction activities.

5. The Project proponent shall mandate that the
construction contractor prohibit the use of music or
sound amplification on the Project site during
construction.

6. 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.

7. Jackhammers, pneumatic equipment and all other
portable stationary noise sources shall be shielded,
and noise shall be directed away from sensitive
receptors.

Requirement
to be
included in
Construction
Plans and
Specifications

Monitoring/
Field
Inspection

During
Construction
Community
Development
Department
(Building and
Safety
Division)

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 9 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

8. For the duration of construction activities, the
construction manager shall serve as the contact
person should noise levels become disruptive to
local residents. A sign should be posted on the
Project site with the contact phone number.

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 10 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Tribal Cultural Resources
TRC-1 Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing
Activities
A. The Project applicant/lead agency shall retain
a Native American Monitor from or approved
by the Gabrieleño Band of Mission Indians –
Kizh Nation. The monitor shall be retained
prior to the commencement of any “ground-
disturbing activity” for the subject project at
all project locations (i.e., both on-site and
any off-site locations that are included in the
project description/definition and/or required
in connection with the project, such as public
improvement work). “Ground-disturbing
activity” shall include, but is not limited to
demolition that involves removing footings or
other structures at depths of 2 feet and
beyond, pavement removal, potholing,
auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.

Requirement to
be included in
Construction
Plans and
Specifications

Monitoring/
Field Inspection

Prior to
commencement
of ground -
disturbing
activities
(Execution of
monitoring
agreement)

During Ground -
Disturbing
Activities
(monitoring)
Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)

Planning:

Building:

Planning:

Building:

Planning:

Building:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 11 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
TRC-1 Tribal Cultural Resources. Retain a Native
American Monitor Prior to Commencement of
Ground-Disturbing Activities - Continued
B. A copy of the executed monitoring agreement
shall be submitted to the lead agency prior to
the earlier of the commencement of any
ground-disturbing activity, or the issuance of
any permit necessary to commence a ground-
disturbing activity.

C. The monitor will complete daily monitoring
logs that will provide descriptions of the
relevant ground-disturbing activities, the type
of construction activities performed, locations
of ground-disturbing activities, soil types,
cultural-related materials, and any other
facts, conditions, materials, or discoveries of
significance to the Tribe. Monitor logs will
identify and describe any discovered TCRs,
including but not limited to, Native American
cultural and historical artifacts, remains,
places of significance, etc., (collectively, tribal
cultural resources, or “TCR”), as well as any
discovered Native American (ancestral)
human remains and burial goods.

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 12 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

Copies of monitor logs will be provided to the
project applicant/lead agency upon written
request to the Tribe.

D. On-site tribal monitoring shall conclude upon
the latter of the following (1) written
confirmation to the Kizh from a designated
point of contact for the project applicant/lead
agency that all ground-disturbing activities
and phases that may involve ground-
disturbing activities on the project site or in
connection with the project are complete; or
(2) a determination and written notification
by the Kizh to the project applicant/lead
agency that no future, planned construction
activity and/or development/construction
phase at the project site possesses the
potential to impact Kizh TCRs.

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 13 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-2

Tribal Cultural Resources. Unanticipated
Discovery of Tribal Cultural Resource Objects
- (Non-Funerary/Non-Ceremonial)
A. Upon discovery of any TCRs, all construction
activities in the immediate vicinity of the
discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume
until the discovered TCR has been fully
assessed by the Kizh monitor and/or Kizh
archaeologist. The Kizh will recover and
retain all discovered TCRs in the form and/or
manner the Tribe deems appropriate, in the
Tribe’s sole discretion, and for any purpose
the Tribe deems appropriate, including for
educational, cultural and/or historic purposes.

Requirement to
be included in
Construction
Plans and
Specifications
Monitoring/
Field Inspection

During Ground-
Disturbing
Activities
Community
Development
Department
(Building and
Safety
Division)

Building: Building: Building:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 14 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-3 Tribal Cultural Resources. Unanticipated
Discovery of Human Remains and Associated
Funerary or Ceremonial Objects
A. Native American human remains are defined
in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition
or skeletal completeness. Funerary objects,
called associated grave goods in Public
Resources Code Section 5097.98, are also to
be treated according to this statute.

B. If Native American human remains and/or
grave goods are discovered or recognized on
the project site, then Public Resource Code
5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.

Requirement to
be included in
Construction
Plans and
Specifications

Monitoring/
Field Inspection

During Ground-
Disturbing
Activities
Community
Development
Department
(Building and
Safety
Division)

Building: Building: Building:

Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration

Page 15 ends

NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET

C. Human remains and grave/burial goods shall
be treated alike per California Public
Resources Code section 5097.98(d)(1) and
(2).

D. Preservation in place (i.e., avoidance) is the
Kizh’s preferred manner of treatment for
discovered human remains and/or burial
goods.

E. Any discovery of human remains/burial
goods shall be kept confidential to prevent
further disturbance.

Garden Grove City CouncilMay 14, 2024

Garden Grove City Council
May 14, 2024