Item 206/2024
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Niki Wetzel
Dept:
City Manager Dept: Community Development
Date: 5/14/2024
Subject: 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 Tract Map No. TT-19298 for a 15-unit residential condominium project at 12828 Newhope Street; and the introduction and first reading of an ordinance approving Zoning Amendment No. A 040-2024 and Planned Unit Development No. PUD-019-2024.
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE APPROVING (1) ZONING AMENDMENT NO. A-040-2024 TO AMEND THE CITY’S
OFFICIAL ZONING MAP TO CHANGE THE ZONING OF AN APPROXIMATELY
0.88-ACRE PARCEL LOCATED ON THE EAST SIDE OF NEWHOPE STREET, NORTH OF GARDEN GROVE BOULEVARD, AT 12828 NEWHOPE STREET, ASSESSOR’S PARCEL NO. 090-671-07, FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (PUD-019- 2024) ZONING WITH AN R-3 (MULTIPLE-FAMILY RESIDENTIAL) BASE ZONE; AND (2) RESIDENTIAL PLANNED UNIT DEVELOPMENT NO. PUD-019-2024 TO FACILITATE THE DEVELOPMENT OF A 15-UNIT RESIDENTIAL DETACHED CONDOMINIUM PROJECT ON THE SUBJECT SITE. (Action Item)
OBJECTIVE
To transmit a recommendation from the Planning Commission to the City Council to approve the land use actions necessary to effectuate approval of a 15-unit multiple-family residential project on an approximately 0.88-acre site. Specifically, the City Council is requested to take the following actions: (i) introduce and conduct the first reading of an Ordinance approving Zoning Amendment No. A-040-2024 to re-zone the subject property from R-1 (Single-Family Residential) to residential Planned Unit Developme nt (PUD-019-2024) zoning with an R -3 (Multiple-Family Residential) base zone and adopt a residential Planned Unit Development to facilitate the development of the project; (ii) adopt a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project, and (iii) adopt a Resolution approving Site Plan No. SP -136-2024, Variance No. V -042-2024, and Vesting Tentative Tract Map No. TT-19298 to facilitate the development of the project.
Item 206/2024
BACKGROUND
The project site is 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 s ubject 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 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.
On April 18, 2024, the Planning Commission held a public hearing to consider approval of the proposed project. Prior to the meeting, two public comment letters were received: one in favor, and one opposed to the project. During the hearing, six (6) speakers from the public, in addition to the project applicant, came forward to speak on the item. By a vote of 5-0, with Commissioners Arbgast and Cueva absent, the Planning Commission adopted Resolution Nos. 6086-24, 6087-24, and 6088 -24 recommending that th e City Council adopt: (i) an ordinance approving Amendment No. A-040-2024, and Planned Unit Development No. PUD- 019-2024; (ii) a resolution approving Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298 with attached Conditions of Approval; and (iii) a resolution approving a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the project.
The approvals of Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298, along with the related Conditions of Approval, are contingent upon City Council’s adoption of the Mitigated Negative Declaration and the asso ciated Mitigation Monitoring and Reporting Program for the project, and adoption of an Ordinance approving Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024.
DISCUSSION
Amendment No. A-040-2024:
As a part of this request, Amendment No. A -040-2024 would 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
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 Deve lopment No. PUD -019-2024 would be the Item 206/2024
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, setbac ks, parking, building heights, and open space requirements.
Site Plan No. SP-136-2024
The applicant proposes to construct a total of fifteen (15) detached condominium units along a central drive aisle. A full discussion of the Site Plan design is found in the April 18, 2024 , Planning Commission Staff Report (Attachment 4). A summary is provided below:
• The applicant proposes to construct fifteen (15) detached residential condominium units. Each unit totals 1,675 square feet, with three (3) or four (4) bedrooms, three (3) or four (4) full bathrooms, a kitchen, a living room, and an optional “flex room.” • The site is accessed via a singular, twenty -four foot (24’-0”) wide central drive aisle connecting to Newhope Street. A four -foot (4’-0”) wide sidewalk is provided on the south side of central drive aisle.
• Walkways leading to the main entrance of each unit are provided, connecting either to the central sidewalk, or to the individual unit’s driveway. • Each unit will provide a two -car garage, and an additional two (2) driveway parking spaces, private to each of the units. An additional two (2) open guest parking spaces are provided near the main entrance, with access from the central drive aisle. • The project provides a total of sixty-two (62) parking spaces. Thirty (30) spaces are within the private garages, thirty (30) spaces are located on the private driveways, and two (2) spaces are open guest parking spaces.
• Each unit will provide a minimum ten-foot (10’ -0”) by a minimum 25’ -0” private recreation area.
• An approximately 1,590 square-foot active recreational open space area with lounge seating, a shade structure, and a flexible lawn space is also provided in the southwest corner of the site, nearest to the Newhope Street entrance. • The site features a perimeter block wall. Additional vinyl fences will be provided between the units to maintain private recreation areas. • The units will have a maximum height of thirty-five foot (35’-0”), with three (3) stories.
Each unit will feature a two-foot (2’-0”) deep front entry porch. There are two exterior façade designs, “Spanish” and “Santa Barbara,” which come in one of six (6) available color schemes. The unit design is intended to be compatible with the neighboring developments.
Variance No. V-042-2024
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 requirement for a residential PUD.
Item 206/2024
Vesting Tentative Tract Map No. TT-19298
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.
Environmental Review:
In conjunction with the proposed Project, the City (through an environmental consultant) has prepared an Initial Study report and Mitigated Negative Declaration (“IS/MND”) in accordance with the California Environmental Quality Act (“CEQA”) analyzing the potential environmental impacts of the proposed residential condominium project. In accordance with CEQA Guidelines, the City made the IS/MND available for public review and comment prior to the meeting.
The IS/MND concludes that the proposed Project will have no, or a less than significant, impact on all relevant environmental factors, provided specified mitigation measures are incorporated, as per the Mitigation Monitoring and Reporting Program (“MMRP”). The applicant will be required to implement the mitigation measures in the MMRP, as identified in the Mitigated Negative Declaration, and shall provide updates about the implementation process to the Community Development Department until completion of t he project. The Planning Commission has adopted a Resolution recommending that the Garden Grove City Council adopt a Mitigated Negative Declaration and an associated MMRP for the Project.
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.
SB 330 Compliance:
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.
Government Code §66300.6(b) also includes requirements pertaining to the demolition of occupied or vacant “protected units,” or 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, and the project is not required to replace any “protected units”.
Item 206/2024
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
• Conduct a Public Hearing;
• Adopt a Resolution adopting a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project;
• Introduce and conduct the first reading of an Ordinance approving Amendment No. A- 040-2024 and Planned Unit Development No. PUD-019-2024; and
• Adopt a Resolution approving 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 subject to and contingent upon the adoption and effectiveness of the Ordinance approving Amendment No. A-040-2024 and Planned Unit Development No.
PUD-019-2024.
ATTACHMENTS
1. Attachment 1: Draft City Council Resolution for the adoption of a Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project
2. Attachment 2: Draft City Council Ordinance for Amendment No. A-040-2024 and Planned Unit Development No. PUD-019-2024
3. Attachment 3: Draft City Council Resolution for the adoption of Site Plan No. SP-136- 2024, Variance No. V-042-2024, & Vesting Tentative Tract Map No. TT-19298
4. Attachment 4: Planning Commission Staff Report dated April 18, 2024, with associated Resolutions and Minute Excerpt
5. Attachment 5: Project Plans