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
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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:
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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.
Associated site improvements will consist of a private drive aisle, visitor parking adjacent to the main entrance, driveways a t 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.
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
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characterized by mostly traditional multi-family apartments, condominiums, and townhomes. The MDR land use designation is implemented by the R -3 zone, which is intended to provide for a variety of types and densities of multiple - family residential dwellings. The proposed project is also consistent with several goals and policies of the City’s General Plan, including the following:
Policy LU-2.2: Strive to provide a diverse mix of housing types, along with uniformly high standards of 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, 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.
Policy LU -4.1: Locate higher -density residential uses within proximity of commercial uses to encourage pedestrian t raffic, and to provide a consumer base for commercial uses. The site is located within a residential neighborhood with nearby access to Garden Grove Boulevard, a major commercial area.
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.
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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
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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.
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). 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.
Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The site is located within a residential neighborhood, characterized by the Garden Park Townhomes condominium development to the north, west, and south. To the east, the project abuts R-1 (Single-Family Residential) zoned properties. The proposed
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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
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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
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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
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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
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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
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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.
The requested Planned Unit Development will help facilit ate the development of residential units, to be sold as condominiums, similar to the Garden Park Townhomes. The Garden Park Townhomes were approved in 1972, under Planned Unit Development No. PUD -102-72. The Planned Unit Development adopted for the townhomes do not meet the current Municipal Code standards, for amongst other things, setbacks, parking, and required open space.
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.
Approval of this Variance will allow the project to deviate from the minimum one-acre lot size required for the establishment of the requested residential Planned Unit Development. The project site currently has an R -1 (Single- Family Residential) zoning, and an MDR (Medium Density Residential) land use
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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
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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.
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 Develop ment. The project site currently has an R -1 (Single- Family Residential) zoning, and an MDR (Medium Density Residential) General
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 )
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