RESOLUTION NO. 6078-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE PLAN NO. SP-127-2023 AND TENTATIVE TRACT MAP NO. TT-19273, FOR PROPERTIES LOCATED AT THE SOUTHEAST CORNER OF BROOKHURST STREET AND CENTRAL AVENUE, AT 13252 BROOKHURST STREET AND 10052 CENTRAL AVENUE, ASSESSOR'S PARCEL NOS. 099-031-01, 099-031-02, 099-031-08, and 099-031-09.
BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on December 7, 2023, does hereby recommend that the City Council approve Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273, for lands located at the southeast corner of Brookhurst Street and Central Avenue, at 13252 Brookhurst Street and 10052 Central Avenue, Assessor's Parcel Nos. 099- 031-01, 099-031-02, 099-031-08, and 099-031-09, subject to (i) the Conditions of Approval attached hereto as “Exhibit A”; (ii) City Council approval of a Resolution approving General Plan Amendment No. GPA- 001-2023; (iii) City Council adoption and effectiveness of an Ordinance appr oving Zoning Amendment No. A-036-2023; and (iv) City Council approval of a Re solution adopting a Mitigated Negative Declaration and an associated Mitigation Monitoring an d Reporting Program for the Project.
BE IT FURTHER RESOLVED in the matter of Site Plan No. SP-127-2023 and Tentative Tract Map No. TT-19273, the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by Melia Homes, Inc., with authorization of the owner of the property located at 132 52 Brookhurst Street, Fraser Partner Properties, LLC., and the owners of the property located 10052 Central Avenue, Linh Hoang and Thu Thuy Pham.
2. The applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendment to amend the General Plan Land Use Designations of the properties from Light Commercial (LC) and Low Medium Density Residential (LMR) to Medium Density Resi dential (MDR) to facilitate the development of the residential project; (ii) a Zoning Amendment to change the zoning of the subjec t properties from C-1 (Neighborhood Commercial) and R-2 (Limited Multiple Residential) to R-3 (Multiple-Family Residential) to facilitate the development of the residential project; (iii) Site Plan approval to construct thirty (3 0) three-story townhomes along with associated site improvements; and (iv) Tentative Tract Map approval to create a one-lot subdivision for the purpose of selling each townhome as a condominium (collectively, the “Project”). The inclusion of three (3) for-sale “moderate-income” units qualifies the project for density bonus, reduced parking ratios, one concession, and certain waivers or reductions of development standards pursuant to the State Density Bonus Law (SDBL).
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3. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared, and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigati on Monitoring and Reporting Program (MMRP) has been prepared and is attached to the Mitigated Negative Declaration listing the mitigation measures to be monitore d during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.
4. Concurrently with its adoption of th is Resolution, the Planning Commission adopted Resolution No. 6077-23 recommending the Garden Grove City Council approve General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023; and Resolution No. 6079-23 recommending the Garden Grove City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring an d Reporting Program for the Project. The facts and findings set forth in Resolution No. 6077-23 and Resolution No. 6078-23 are hereby incorporated into this Resolution by reference.
5. The property has a General Plan Land Use designation of Light Commercial (LC) and Low Medium Density Residenti al (LMR) and is currently zoned C-1 (Neighborhood Commercial) and R-2 (Lim ited Multifamily Residential). The subject 1.22-acre lot is currently vacant and unimproved.
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 he aring was held on December 7, 2023, 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 December 7, 2023 , and considered 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:
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FACTS:
The subject site is located at the southeast corner of Brookhurst Street and Central Avenue. The site abuts an R-2 (Limited Multiple Residential) zoned property to the east, a C-2 (Community Commercial) zoned property to the south, a C-1 (Neighborhood Commercial) zoned property and R-2 zoned properties, across Central Avenue, to the north, and C-2 zoned pro perties, across Brookhurst Street, to the west. The site is in an area with a mix of uses that include commercial services such as medical offices, restaurants, and retail and residential uses, including single- and multi-family dwellings.
The site consists of two (2) vacant proper ties, each consists of two (2) adjoining parcels: one is located at 13252 Brookhurst Street, and the other is located at 10052 Central Avenue. The combined gross area is 1.22 acres.
The 13252 Brookhurst Street property consists of parcel Nos. 099-031-01 and 099-031-02. The property is a corner lot with dual frontage on Brookhurst Street and Central Avenue. The property has a Genera l Plan Land Use Designation of Light Commercial and is zoned C-1 (Neighborhood Commercial). The property is approximately 41,945 gross square feet (0 .96 acres), and was previously improved with a 6,637 square foot one-story restau rant building that was operated by Marie Callender’s from 1996 to 2021. After Mari e Callender’s ceased its operation, the building was left vacant. In December 2021, the building was severely damaged in a fire incident to the degree that the structure was too dangerous to be occupied.
Consequently. Consequently, the building was red-tagged by the Building and Safety Division. On June 28, 2023, a demolit ion permit was issued, and the building improvements were removed shortly thereafter. The building’s foundation remains, and there has been no excavation work or ground disturbing activities.
The 10052 Central Avenue property is a va cant lot abutting the Marie Callender’s property to the east. The property also consists of two (2) adjoining parcels:
Assessor’s Parcel Nos. 099-031-08 and 099-031-09, with one being landlocked. The property has a gross area of 12,350 square feet (0.28 acre). The property has a Land Use Designation of Low Medium Density Residential (LMR), and is zoned R-2. The site was originally improved with a single-family dwelling with an attached garage. On July 27, 2017, a demolition permit was issu ed to demolish the existing residential building. In 2019, the City approved Site Plan No. SP-065-2019 and Lot Line Adjustment No. LLA-021-2019, which consolidated the properties into one lot for the purpose of develop the site with a ne w residential duplex. Although the lot consolidation was recorded, the duplex was never constructed. In 2021, the City approved Director’s Review No. DR-054-2021 to allow another duplex design to be built on the site, since the previously ap proved entitlement expired. However, this entitlement also eventually expired sinc e the development was never constructed.
The property remains vacant and unimproved.
The applicant, Melia Homes, Inc., is an experienced housing developer in Southern California and previously worked with the Ci ty of Garden Grove on a project located at 9861 11
th Street that resulted in the construction of thirty-one (31) two- to three-
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story townhomes. The applicant is now proposing to combine the subject properties and to develop the site with thirty (30) attached townhomes, including three (3) affordable for-sale units for “moderate-income” households, which is equivalent to a proposed density of 24.6 units per acre, along with associated site improvements.
With the inclusion of three (3) for-sale affordable housing units for “moderate- income” households, the project is qualified for a density bonus, a reduced parking ratio, one (1) concession, and waivers pursuant to the State Density Bonus Law (SDBL). Provided the General Plan Amendment and Zoning Amendment are approved, the requested density of 24.6 units per acre is within the allowable density of the R-3 zone, which is 32 units per acre. Thus, no density bonus request is included in the proposal. The requested concession and waivers are as follows:
1. A concession to deviate from the open space amenity requirements (GGMC Section 9.12.040.050.J.7.d).
2. A waiver to reduce the distance separation between two buildings from ten feet (10’-0”) to seven feet, six inches (7’-6”) (GGMC Section
9.12.040.050.A.1).
3. A waiver to reduce the width of the acti ve recreation area from thirty feet (30’-0”) to fifteen feet (15’-0”) (GGMC Section 9.12.040.050.J.7.d).
4. A waiver to allow a six-foot (6’-0”) tall block wall to be constructed within the front setback along Brookhurst Street (GGMC Section 9.12.040.140.J).
5. A waiver to reduce the landscape setback along Brookhurst Street from fifteen feet (15’-0”) to ten feet (10’-0”) (GGMC Section 9.12.040.090.Q).
6. A waiver to allow the private open space to be located within the front setback area (GGMC Section 9.12.040.020.D).
An Affordable Housing Regulatory Agreement consistent with the State Density Bonus Law and the Garden Grove Municipal Code will be recorded to ensure the affordability of the moderate-income units.
FINDINGS AND REASONS:
SITE PLAN (HOUSING DEVELOPMENTS)
1. The proposed development project is consistent, in compliance, and conformity with the applicable, objective stan dards, provisions, conditions or requirements of the General Plan, Title 9, or other applicable ordinances or policies of the City.
The proposed project includes the cons truction of thirty (30) residential townhomes that includes three (3) af fordable housing units for "moderate income" households, along with associated site improvements. Pursuant to the State Density Bonus Law, the project is entitled to reduce parking ratios, one
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(1) incentive or concession, and waiv ers or modification s of development standards.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan land use designation of Medium Density Resi dential (MDR), and will be zoned R-3 (Multiple-Family Residential). The MDR land use desi gnation is intended to create, maintain and enhance residential areas characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR land use designation is implemented by the R-3 zone, whic h is intended to provide for a variety of types and dens ities of multiple-f amily residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers. With the exception of the reduced parking ratios and development standards required to be waived or modified pursuant to the State Densit y Bonus Law, the proposed project complies with all applicable objective development standards and provisions of the General Plan and Municipal Code. 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 dive rse 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 thirty (30) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed townhome development will ensure maintenance of all common areas, such as the private street, guest parking areas, the common recreation area, and street frontage landscaping, which wi ll be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values. Furtherm ore, 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 mixed-use neighborhood characterized by large commercial plazas and multi-story residential and mixed-use buildings.
Existing and approved new uses within the one-mile radius from the site consist of both commercial and high -density residential developments, including the Brookhurst Place at the no rthwest corner of Brookhurst Street and Garden Grove Boulevard (48 units/acre), a future new Mixed Use Building at the northeast corner of Brookhurst Street and Garden Grove Boulevard (28 units/acre), and the Garden Brook Seni or Housing development at the south side of Garden Grove Boulevard just west of Brookhurst Street (78 units/acre).
In addition, surrounding land use desig nations from the project site include Medium Density Residential, which allows a density of up to 32 units per acre,
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Residential/Commercial Mixed Use 1 (RC1), which allows up to 60 units per acre, and Residential/Commercial Mixed Us e 3 (RC3), which allows up to 48 units per acre. Considering the site is surrounded by Land Use districts that allow higher residential den sity, the proposed R-3 that allows up to 32 units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also create a tr ansition between the lower density neighborhood to the east of the project site and the higher-density and mixed- use neighborhoods along Brookhurst Street.
Goal LU-4: The City seeks to develop uses that are compatible with one another.
The 1.22-acre site is proposed to be improved with thirty (30) townhome units, or 24.6 units per acre, which is within the allowable density of 32 units per acre pursuant to the proposed MDR General Plan land use designation. 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 proposed R- 3 zoning. Thus, the project is similar bo th in land use intensity and physical scale of the adjoining residential neighborhood.
Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from developmen t standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
2. The provisions of the California Environmental Quality Act have been complied with.
Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitori ng and Reporting Program has been prepared and is attached to the Mitiga ted Negative Declaration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting
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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. 6079-23, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declarat ion 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 Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.
The proposed 30-unit townhome develo pment 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 the land use type and intensity in the immediate neighbor hood. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
TENTATIVE TRACT MAP
1. The proposed map is consistent with the General Plan.
The proposed project includes the cons truction of thirty (30) residential townhomes that include three (3) affo rdable housing units for "moderate income" households, along with associated site improvements. Pursuant to the State Density Bonus Law, the project is entitled to reduce parking ratios, one (1) incentive or concession, and waiv ers or modification s of development standards.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have a General Plan land use designation of Medium Density Resi dential (MDR), and will be zoned R-3 (Multiple-Family Residential). The MDR is intended to create, maintain and enhance residential areas characterized by mostly traditio nal multi-family apartments, condominiums, and townhomes. The MDR is implemented by the R-3 zone, which is intended to provide for a variety of types and densities of multiple-family residential dwellings. This zone is intended to promote housing opportunities in close proximity to employment and commercial centers. With the exception of the reduced parking ratios, and development standards required to be waived or modified pursuant to the State Density Bonus Law, the proposed project complies with a ll applicable obje ctive development standards and provisions of the General Plan and Municipal Code. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:
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Policy LU-2.2: Strive to provide a dive rse 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 thirty (30) for-sale units will add to the mix of diverse housing types in the immediate neighborhood. The proposed townhome development will ensure maintenance of all common areas, such as the private street, guest parking areas, the common recreation area, and street frontage landscaping, which wi ll be the responsibility of the Homeowner’s Association to ensure proper maintenance that preserves the residents’ real estate values. Furtherm ore, 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 mixed-use neighborhood characterized by large commercial plazas and multi-story residential and mixed-use buildings.
Existing and approved new uses within the one-mile radius from the site consist of both commercial and high -density residential developments, including the Brookhurst Place at the no rthwest corner of Brookhurst Street and Garden Grove Boulevard (48 units/acre), a future new Mixed Use Building at the northeast corner of Brookhurst Street and Garden Grove Boulevard (28 units/acre), and the Garden Brook Seni or Housing development at the south side of Garden Grove Boulevard just west of Brookhurst Street (78 units/acre).
In addition, surrounding land use desig nations from the project site include Medium Density Residential, which allows a density of up to 32 units per acre, Residential/Commercial Mixed Use 1 (RC1), which allows up to 60 units per acre, and Residential/Commercial Mixed Us e 3 (RC3), which allows up to 48 units per acre. Considering the site is surrounded by Land Use districts that allow higher residential den sity, the proposed R-3 that allows up to 32 units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also create a tr ansition between the lower density neighborhood to the east of the project site and the higher density and mixed- use neighborhoods along Brookhurst Street.
Goal LU-4: The City seeks to develop uses that are compatible with one another.
The 1.22-acre site is proposed to be improved with thirty (30) townhome units, or 24.6 units per acre, which is within the allowable density of 32 units per acre pursuant to the proposed MDR General Plan land use designation. 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 proposed R- 3 zoning. Thus, the project is similar bo th in land use intensity and physical scale of the adjoining residential neighborhood.
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Policy 2.3 of the Housing Element: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing.
The proposed project includes three (3) for-sale affordable units for “moderate-income” households in accordance with the State Density Bonus Law. To facilitate the development with these affordable units, the project incorporates State Density Bonus Law allowances of one (1) concession, five (5) waivers to deviate from developmen t standards, reduced parking ratios, and tandem parking design. The proposed Zoning Map Amendment and the granting of all of the aforementioned incentives are needed to facilitate the construction of the proposed development and to support the creation of more affordable housing units in the City. Furthermore, the Project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
2. The design and improvement of the prop osed subdivision are consistent with the General Plan.
With the approval of General Plan Amendment No. GPA-001-2023, the proposed map will be consistent with th e provisions of the General Plan. The applicant is requesting Tentative Tract Map No. TT-19273 approval to create a one-lot subdivision for the purpose of deve loping the site with thirty (30) for sale townhomes (24.6 units per acre). With the approval of General Plan Amendment No. GPA-001-2023, the subject site will have 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 MDR Land Use Designation allows a density up to 32 units per acre. Thus, the project will within the allowable density. In accordance with the State Subdivision Map Act, Tentative Tract Map No. TT-19273 will create a one-lot subdivision for the purpose of selling each townhome as a condominium. The shared driveway, common open space, on- site landscaping, and open guest parking will be managed and maintained by the Homeowner Association (HOA). Wi th the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the proposed Tentative Tract Map is in conf ormance with the City’s General Plan, the City’s Subdivision Ordinance, the Municipal Code requirements, and the State’s Subdivision Map Act.
3. The site is physically suitable for the type of development and complies with the spirit and intent of the Municipal Code.
The site is physically suitable for th e type of development proposed by the developer and complies with the spirit and intent of the Municipal Code. The proposed 1.22-acre site will consist of 30 units, which would be allowed under the proposed R-3 zone. The residential development has been designed per the R-3 zone development standards. As designed, the site is able to accommodate thirty (30) units, along wi th the required parking, landscaping, private and common recreation areas, setbacks, and building height.
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Therefore, the property is sufficient in size to accommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure f i s h o r w i l d l i f e o r t h e i r h a b i t a t , and the requirements of the California Environmental Quality Act have been satisfied.
Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an initial study was prepared, and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation Monitori ng and Reporting Program has been prepared and is attached to the Mitiga ted Negative Declaration listing the mitigation measures to be monitored during project implementation. The Mitigated Negative Declaration and Mi tigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.
4. The site is physically suitable for the proposed density of the development.
With the approval of General Plan Amendment No. GPA-001-2023 and Amendment No. A-036-2023, the subject site will have 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 MDR Land Use Designation and R-3 zone allow a residential density up to 32 units per acre. The proposed project will consist of 30 units which is within the allowable density. The project has also been designed to comply with the Municipal Code R-3 zone development standards for multi-family developments. As designed, the site is able to accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height. Therefore, the property is sufficient in size to a ccommodate the proposed development, and complies with all applicable provisions of the City of Garden Grove Municipal Code.
5. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
The design of the residential subdivis ion and the proposed improvements are not likely to cause serious public health problems since conditions of approval will be in place to safeguard public health. The proposed subdivision has been
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designed to comply with the R-3 zone development standards of the Municipal Code. City Departments, including the Traffic Division, Water Division, Engineering Division and the Planning Services Division, and the Orange County Fire Authority (OCFA) have reviewed the proposed development and have applied conditions of approval to minimize potential impacts that the project may have on the community. The conditions of approval for on and off- site improvements will safeguard public health.
6. The design of the project 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 subdivision; or, if such easements exist, alternate easements for access or for use will be provided and 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.
7. The design and improvement of the prop osed subdivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations.
The proposed subdivision has been spec ifically designed to accommodate the 30 townhomes on the subject property, and to create a one-lot subdivision for the purpose of selling each townhome as a condominium. As designed, the subdivision is able to accommodate 30 units, along with the required parking, landscaping, private and common recreation areas, setbacks, and building height per the development standards of the Municipal Code. 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 applicable provisions of the City of Garden Grove Municipal Code.
8. 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 th e 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.
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9. The design, density, and configuration of the subdivision strike a balance between the effect of the subdivision on the housing needs of the region and public service needs.
The applicant is requesting approval of Tentative Tract Map No. TT-19273 to create a one-lot subdivision to sell ea ch of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. Approval of the proposed Tentative Tract Map will allow a construc tion of thirty (30) new residential units, which will contribute to meetin g the City’s Region al Housing Needs Allocation (RHNA).
The project site is located in an area with a mix of uses that include commercial services and residential services. The Orange County Fire Authority (OCFA) will provide services to the project area. As part of the reviewing process, OCFA has reviewed the proposed plan to ensure that design measures are incorporated appropriately to provide a safe environment.
Brookhurst Street and Central Avenue are adequate to accommodate the development. Existing utilities and drainage channels in the area are adequate to accommodate the development. The proposed development will install and maintain landscaping, allowing adequate drainage of storm water.
Landscaping will also be added along Brookhurst and Central Avenue. The Public Works Department has reviewed the project, and has incorporated all the appropriate conditions of approval to minimize any adverse impacts.
Furthermore, the project area is in th e Garden Grove Unifi ed School District (GGUSD), which serves a 28-square mile area with 65 schools. Development of the project would generate a new student population on the project site, who would generally attend schools within the GGUSD. Provide the project is approved, the GGUSD impact fee will be collected prior issuance of the building permits. The fees are used for the constr uction and reconstruction of school facilities necessary as a result of new development.
10. The character of the subdivision is co mpatible with the design of existing structures, and the lot sizes of the su bdivision are substa ntially compatible with the lot sizes within the general area.
The applicant is requesting approval of Tentative Tract Map No. TT-19273 is to create a one-lot subdivision to sell ea ch of the 30 proposed townhomes as a condominium. Approval of the map will allow the construction of 30 townhomes on a site that is currently vacant and unimproved. 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 direct vicinity. The property is located in an area improved with a mix of commercial and residential uses.
The proposed residential development will increase the number of available
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housings in the area, and further the goals of the Housing Element of the General Plan. Moreover, the project complies with the density requirements of the General Plan, as well as the Municipal Code development standards.
11. 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.
12. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off-site improvements will ensu re permitted capacity of the public sewer system is not exceeded.
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 report and in Resolution Nos. 6077-23 and 6079-23.
BE IT FURTHER RESOLVED that the Planning Commission does conclude:
1. The Site Plan and Tentative Tract Map possess characteristics that would justify the request in accordance with Municipal Code Sections 9.32.030.3 (Site Plan), Section 9.40.060 (Tentative Maps), 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-127-2023 and Tentative Tract Map No. TT-19273.
Adopted this 7th day of December 2023
ATTEST: /s/ JOSH LINDSAY ___
CHAIR
/s/ JUDITH MOORE _____
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
Resolution No. 6078-23 Page 14
I, JUDITH MOORE, Secretary of the City of Garden Grove Planning Commission, do hereby certify that the foregoing Reso lution was duly adopted by the Planning Commission of the City of Garden Grov e, California, at a meeting held on December 7, 2023, by the following vote:
AYES: COMMISSIONERS: (6) ARBGAST, CUEVA, CUNNINGHAM,
LARICCHIA, LINDSAY, PAREDES
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (1) RAMIREZ
/s/ JUDITH MOORE
RECORDING SECRETARY
PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).
A decision becomes final if it is not time ly appealed to the City Council. Appeal deadline is January 2, 2024.