RESOLUTION NO. 6088-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE
RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION AND AN ASSOCIATED MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE NEWHOPE AND GARDEN GROVE RESIDENTIAL PROJECT AT 12828 NEWHOPE STREET, ASSESSOR'S PARCEL NO. 090-671-07.
WHEREAS, Olson Urban Housing, LLC., the applicant, submitted a request to develop a 0.88-acre site with a new multiple -family residential project consisting of fifteen (15) residential units, along with associated site improvements, on properties located on the east side of Newhope Street, north of Garden Grove Boulevard, at 12828 Newhope Street, Assessor’s Parcel No. 090-671-07 (the “Property”); and
WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) zoning map amendment to re-zone the subject property from R -1 (Single -Family Residential) to residential Planned Unit Development (PUD-019-2024) zoning with an R -3 (Multiple -Family Residential) base zone; (ii) residential Planned Unit Development to facilitate the development of the project; (iii) Site Plan approval to construct fifteen (15) three-story detached homes along with associated site i mprovements; (iv) a Vesting Tentative Tract Map to create a one-lot subdivision for the purpose of selling each dwelling unit as a condominium; and (v) a Variance to deviate from the minimum property size to establish a residential Planned Unit Development (collectively, the “Project”); and
WHEREAS, pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an Initial Study was prepared for the proposed Project and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration as the proposed Project with the proposed mitigation measures cannot, or will not, have a significant effect on the environment; and
WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared and is attached to the Mitigated Negative Declaration listing the mitigation measures to be monitored during Project implementation; and
WHEREAS, the Mitigated Negative Declaration with mitigation measures was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines; and
WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission also adopted Resolution No. 6086 -24 recommending that the City Council approve Amendment No. A -040-2024 and Planned Unit Development No.
Resolution No. 6088-24 Page 2
PUD-019-2024, and Resolution No. 6087 -24 recommending that the City Council approve Site Plan No. SP-136-2024, Variance No. V-042-2024, and Vesting Tentative Tract Map No. TT-19298, subject to specified Conditions of Approval; and
WHEREAS, at its regular meeting held April 18, 2024, the Planning Commission of the City of Garden Grove held a duly noticed public hearing and considered the report submitted by City staff and all oral and written testimony presented regarding the Project, the Initial S tudy, and the proposed Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED as follows:
1. Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an Initial Study was prepared, and it has been determined that the Project qualifies for a Mitigated Negative Declaration because the Project , with the proposed mitigation measures cannot, or will not, have a significant effect on the environment. The Mitigated Negative Declaration with mitigation measures was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.
2. The Planning Commission has considered the proposed Mitigated Negative Declaration together with comments received during the public review process.
3. The Planning Commission finds that the Mitigated Negative Declaration reflects the City's independent judgment and analysis.
4. The Planning Commission finds on the basis of the whole r ecord before it, including the Initial Study and comments received, that there is no substantial evidence that the Project, with the proposed mitigation measures, will have a significant effect on the environment.
5. The Planning Commission hereby recommends the City Council adopt the Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project.
Adopted this 18th day of April 2024
ATTEST: /s/ JOSH LINDSDAY __________
CHAIR
/s/ JUDITH MOORE_____________
RECORDING SECRETARY
Resolution No. 6088-24 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
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
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
MM
No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
Cultural Resources
CUL-1 Unanticipated Discovery of Archaeological
Resources.
Prior to issuance of grading permits, the Applicant shall provide educational material designed to assist Project construction crews identify potential archaeological
resources during grading. These materials shall specify the following procedures to be followed if resources are
discovered, and shall be distributed to construction crews prior to initiation of construction activities. In addition, construction plans and specifications shall state that in the event that potential archaeological resources are
discovered during excavation, grading, or construction
activities, work shall cease within 50 feet of the find and the City shall be immediately notified. A qualified
archaeologist meeting the Secretary of Interior’s
Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A shall flag the area in the field and shall evaluate the find to determine whether the find constitutes a “unique archaeological resource,” as defined in Section 21083.2(g) of the California Public Resources Code. If the find is considered a “unique archaeological resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the
deposits.
Requirement
to be included
in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During ground
disturbing
activities
Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)
Planning:
Building:
Planning:
Building:
Planning:
Building:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
MM
No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
CUL-1 Cultural Resources. Unanticipated Discovery of
Archaeological Resources – Continued.
Recovery, salvage and treatment protocols shall be
developed in accordance with applicable provisions of
Public Resource Code Section 21083.2 and State CEQA
Guidelines 15064.5 and 15126.4 in consultation with the City. Per CEQA Guidelines Section 15126.4(b)(3),
preservation in place shall be the preferred method of
handling as to avoid any adverse impacts to the “unique archaeological resource.” All recovered and salvaged
resources shall undergo an identification process. The
permanent preservation of the unique archaeological
resource by an established accredited professional
repository selected by the archaeologist, or repatriation of the recovered resources in cooperation with the designated most likely descendant shall occur as needed. The
archaeologist shall have a repository agreement in hand prior to initiating recovery of the resource.
Requirement
to be included
in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During ground
disturbing
activities
Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM MATRIX
MM
No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
CUL-1 Cultural Resources. Unanticipated Discovery of
Archaeological Resources – Continued.
. If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. The archaeologist shall prepare a comprehensive report complete with methods and results that shall be
submitted to the City of Garden Grove Building and Safety Division, the South Central Coastal Information Center, and the State Historic Preservation Office (SHPO), if
required. Prior to commencement of grading activities, the City of Garden Grove Building and Safety Division shall verify that all project grading and construction plans
include specific requirements regarding Public Resources Code Section 21083.2(g) and the treatment of
archaeological resources as specified herein.
Requirement
to be included
in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During ground
disturbing
activities
Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation
Enforcing
Party Remarks Initials Date
Geology and Soils
GEO-1 Unanticipated Discovery of Paleontological
Resources.
If evidence of subsurface paleontological resources is
found during construction activities, excavations within 50 feet of the find shall cease and the construction
contractor shall contact the City of Garden Grove
Community Development Director. With direction from
the Community Development Director, a qualified
paleontologist certified by the County of Orange shall
be retained to evaluate the find prior to resuming
construction activities in the immediate vicinity of the find. If the City of Garden Grove determines the
resource is significant and cannot be immediately
recovered, then the qualified paleontologist shall
prepare and execute a Paleontological Resources
Mitigation Program (PRMP) for the salvage and
curation of the identified resource(s). The PRMP shall
specify the fieldwork and laboratory methods to be
undertaken, curation requirements, proposed staff
qualifications, and whether the entire resource is to be collected or a specified statistically significant sample.
Requirement
to be
included in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During ground
disturbing
activities
Community
Development
Department
(Building and
Safety
Division;
Community
Development
Director)
Building:
Director:
Building:
Director:
Building:
Director:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Hazards and Hazardous Materials
HAZ-1 Asbestos.
Prior to demolition activities, the Applicant shall
provide an asbestos survey conducted by an Asbestos
Hazard Emergency Response Act (AHERA) and
California Division of Occupational Safety and Health
(Cal/OSHA) certified building inspector to determine
the presence or absence of asbestos containing-
materials (ACMs). The sampling method to be used
shall be based on the statistical probability that
construction materials similar in color and texture
contain similar amounts of asbestos. In areas where
the material appears to be homogeneous in color and
texture over a wide area, bulk samples shall be
collected at discrete locations from within these areas.
In unique or nonhomogeneous areas, discrete
samples of potential ACMs shall be collected. The
survey shall identify the likelihood that asbestos is
present in concentrations greater than 1 percent in
construction materials.
If ACMs are located, abatement of asbestos shall be
completed prior to any activities that would disturb
ACMs or create an airborne asbestos hazard
Monitoring/
Field
Inspection
Prior to
Demolition
Activities
Community
Development
Department
(Building and
Safety Division;
City Building
Official)
Building:
City
Building
Official:
Building:
City
Building
Official:
Building:
City
Building
Official:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
HAZ-1 Hazards and Hazardous Materials. Asbestos -
Continued.
Asbestos removal shall be performed by a State
certified asbestos containment contractor in
accordance with the South Coast Air Quality
Management District (SCAQMD) Rule 1403. Common
asbestos abatement techniques involve removal,
encapsulation, or enclosure.
Asbestos shall be removed when the material is in
poor physical condition and there is sufficient space
for the removal technique. Asbestos shall be
encapsulated when the material has sufficient
resistance to ripping, has a hard or sealed surface, or is difficult to reach.
Asbestos shall be enclosed when the material is in
perfect physical condition, or if the material cannot be removed from the site for reasons of protection
against fire, heat, or noise. The State certified
asbestos containment contractor shall provide
evidence acceptable to the City Building Official that
asbestos surveys, containment and removal have
been completed as required by SCAQMD.
Monitoring/
Field
Inspection
Prior to
Demolition
Community
Development
Department
(Building and
Safety Division,
City Building
Official)
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Noise
NOI-1 Construction Noise.
The Project contractor shall implement the following
best management practices:
1. Permitted hours and days of construction and
grading shall be as follows, and all work shall be
comply with the noise regulations set forth in
Chapter 8.47 of the City of Garden Grove Municipal
Code:
a. Monday through Friday – not before 7:00 a.m.
and not after 5:00 p.m.
b. Saturday – not before 8:00 a.m. and not after
5:00 p.m. All construction activity on Saturday
shall be limited to interior construction only.
c. Sunday and Federal Holidays – no construction
shall occur.
No construction activities are permitted during
nighttime hours or holidays.
2. During all Project site excavation and grading on-
site, construction contractors shall equip all
construction equipment, fixed or mobile, with
properly operating and maintained mufflers,
consistent with manufacturer standards.
Requirement
to be
included in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During
Construction
Community
Development
Department
(Building and
Safety
Division)
Building: Building: Building:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
NOI-1 Noise. Construction Noise - Continued.
3. Equipment shall be shut off and not left to idle
when not in use.
4. The contractor shall locate equipment staging in
areas that will create the greatest distance
between construction-related noise/vibration
sources and nearest sensitive receptor buildings
during all Project construction activities.
5. The Project proponent shall mandate that the
construction contractor prohibit the use of music or
sound amplification on the Project site during
construction.
6. Heavy construction truck traffic and hauling trips,
and any required lane closures shall occur outside
peak travel periods. Peak travel periods are
considered to be from 7:00 a.m. to 9:00 a.m. and
4:00 p.m. to 6:00 p.m.
7. Jackhammers, pneumatic equipment and all other
portable stationary noise sources shall be shielded,
and noise shall be directed away from sensitive
receptors.
Requirement
to be
included in
Construction
Plans and
Specifications
Monitoring/
Field
Inspection
During
Construction
Community
Development
Department
(Building and
Safety
Division)
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
NOI-1 Noise. Construction Noise - Continued.
8. For the duration of construction activities, the
construction manager shall serve as the contact
person should noise levels become disruptive to
local residents. A sign should be posted on the
Project site with the contact phone number.
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
Tribal Cultural Resources
TRC-1 Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing
Activities
A. The Project applicant/lead agency shall retain
a Native American Monitor from or approved
by the Gabrieleño Band of Mission Indians –
Kizh Nation. The monitor shall be retained
prior to the commencement of any “ground-
disturbing activity” for the subject project at
all project locations (i.e., both on-site and
any off-site locations that are included in the
project description/definition and/or required
in connection with the project, such as public
improvement work). “Ground-disturbing
activity” shall include, but is not limited to
demolition that involves removing footings or
other structures at depths of 2 feet and
beyond, pavement removal, potholing,
auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
Requirement to
be included in
Construction
Plans and
Specifications
Monitoring/
Field Inspection
Prior to
commencement
of ground -
disturbing
activities
(Execution of
monitoring
agreement)
During Ground -
Disturbing
Activities
(monitoring)
Community
Development
Department
(Planning
Services
Division;
Building and
Safety
Division)
Planning:
Building:
Planning:
Building:
Planning:
Building:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM No. Mitigation Measure Method of
Verification
Timing of
Implementation Enforcing Party Remarks Initials Date
TRC-1 Tribal Cultural Resources. Retain a Native
American Monitor Prior to Commencement of
Ground-Disturbing Activities - Continued
B. A copy of the executed monitoring agreement
shall be submitted to the lead agency prior to
the earlier of the commencement of any
ground-disturbing activity, or the issuance of
any permit necessary to commence a ground-
disturbing activity.
C. The monitor will complete daily monitoring
logs that will provide descriptions of the
relevant ground-disturbing activities, the type
of construction activities performed, locations
of ground-disturbing activities, soil types,
cultural-related materials, and any other
facts, conditions, materials, or discoveries of
significance to the Tribe. Monitor logs will
identify and describe any discovered TCRs,
including but not limited to, Native American
cultural and historical artifacts, remains,
places of significance, etc., (collectively, tribal
cultural resources, or “TCR”), as well as any
discovered Native American (ancestral)
human remains and burial goods.
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-1 Tribal Cultural Resources. Retain a Native
American Monitor Prior to Commencement of
Ground-Disturbing Activities - Continued.
Copies of monitor logs will be provided to the
project applicant/lead agency upon written
request to the Tribe.
D. On-site tribal monitoring shall conclude upon
the latter of the following (1) written
confirmation to the Kizh from a designated
point of contact for the project applicant/lead
agency that all ground-disturbing activities
and phases that may involve ground-
disturbing activities on the project site or in
connection with the project are complete; or
(2) a determination and written notification
by the Kizh to the project applicant/lead
agency that no future, planned construction
activity and/or development/construction
phase at the project site possesses the
potential to impact Kizh TCRs.
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-2
Tribal Cultural Resources. Unanticipated
Discovery of Tribal Cultural Resource Objects
- (Non-Funerary/Non-Ceremonial)
A. Upon discovery of any TCRs, all construction
activities in the immediate vicinity of the
discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume
until the discovered TCR has been fully
assessed by the Kizh monitor and/or Kizh
archaeologist. The Kizh will recover and
retain all discovered TCRs in the form and/or
manner the Tribe deems appropriate, in the
Tribe’s sole discretion, and for any purpose
the Tribe deems appropriate, including for
educational, cultural and/or historic purposes.
Requirement to
be included in
Construction
Plans and
Specifications
Monitoring/
Field Inspection
During Ground-
Disturbing
Activities
Community
Development
Department
(Building and
Safety
Division)
Building: Building: Building:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-3 Tribal Cultural Resources. Unanticipated
Discovery of Human Remains and Associated
Funerary or Ceremonial Objects
A. Native American human remains are defined
in PRC 5097.98 (d)(1) as an inhumation or
cremation, and in any state of decomposition
or skeletal completeness. Funerary objects,
called associated grave goods in Public
Resources Code Section 5097.98, are also to
be treated according to this statute.
B. If Native American human remains and/or
grave goods are discovered or recognized on
the project site, then Public Resource Code
5097.9 as well as Health and Safety Code
Section 7050.5 shall be followed.
Requirement to
be included in
Construction
Plans and
Specifications
Monitoring/
Field Inspection
During Ground-
Disturbing
Activities
Community
Development
Department
(Building and
Safety
Division)
Building: Building: Building:
Newhope & Garden Grove Residential Project
Final Initial Study/Mitigated Negative Declaration
NEWHOPE & GARDEN GROVE RESIDENTIAL PROJECT – LOCATED AT 12828 NEWHOPE STREET
MITIGATION MONITORING AND REPORTING PROGRAM
MM
No. Mitigation Measure
Method of
Verification
Timing of
Implementation
Enforcing
Party
Remarks Initials Date
TRC-3 Tribal Cultural Resources. Unanticipated
Discovery of Human Remains and Associated
Funerary or Ceremonial Objects – Continued.
C. Human remains and grave/burial goods shall
be treated alike per California Public
Resources Code section 5097.98(d)(1) and
(2).
D. Preservation in place (i.e., avoidance) is the
Kizh’s preferred manner of treatment for
discovered human remains and/or burial
goods.
E. Any discovery of human remains/burial
goods shall be kept confidential to prevent
further disturbance.