RESOLUTION NO. 5977-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE APPROVING TENTATIVE TRACT MAP NO. TT-17455 (AMENDED 2020) FOR THE SITE C RESORT HOTEL DEVELOPMENT PROJECT ON PROPERTY LOCATED AT 12222, 12252, 12262, 12272, 12292, AND 12302 HARB OR BOULEVARD, 12511, 12531, 12551 AND 12571 TWINTREE LANE, AND 12233, 12235, 12237, AND 12239 CHOISSER ROAD, ASSESSOR’S PARCEL NOS. 231-491-20, 231-521-01, 02, 03, 04, 05, 06, 07, 08, 09, AND 10; AND 231-491-12, 13, 14, 15, 16, 17, 18, AND 19.
B E I T R E S O L V E D t h a t t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f G a r d e n G r o v e , i n regular session assembled on February 20, 2020, does hereby approve Tentative Tract Map No. TT-17455 (Amended 2020), for land located at the northeast corner of Harbor Boulevard and Twintree Lane, west of Choisser Road at 12222, 12252, 12262, 12272, 12292, and 12302 Harbor Boulevard, 12511, 12531, 12551 and 12571 Twintree Lane, and 12233, 12235, 12237, and 12239 Choisser Road, Assessor’s Parcel Nos. 231-421-20, 231-521-01, 02, 03, 04, 05, 06, 07, 08, 09, and 10; and 231-491-12, 13, 14, 15, 16, 17, 18, and 19 (collectively, the “Site”).
BE IT FURTHER RESOLVED in the matter of Tentative Tract Map No. TT-17455 (Amended 2020), the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by Investel Garden Resorts, LLC (the “Applicant”).
2. In 2012, the Garden Grove City Council approved General Plan Amendment No. GPA-2-12(B) and Planned Unit Development No. PUD-128-12 and adopted a Mitigated Negative Declaration and Mitigation Monitori ng and Reporting Program to facilitate the future development of a resort hotel development project (the “Site C Project”) on the Site.
3. In 2017, the applicant received approval of a Site Plan, Tentative Tract Map, Development Agreement, and a Subsequ ent Mitigated Negative Declaration to implement the Site C Project.
4. On December 12, 2019, the Community and Economic Development Director approved a Minor Modification to Site Plan No. SP-043-2017 to allow certain modifications to the Project that did not materially change the scope or intensity of the Project as approved by SP-043-2017. The 2019 modifications were evaluated to determine if they would result in any new significant impacts or substantially increase th e severity of previously identified significant impacts. This environm ental evaluation concluded that the modifications would not result in new significant impacts or substantially increase the severity of previously i dentified significant impacts. Therefore, an Addendum to the Subsequent Miti gated Negative Declaration was prepared. A Notice of Determination was filed on December 17, 2019.
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5. The developer now proposes an amendment to Tentative Tract Map No.
TT-17455 to further subdivide the commercial lots for the Site C Project from the previous approval of two (2) commercial lots to four (4) commercial lots for financing purposes. The proposed amended map is consistent with and incorporates the Project modifications approved pursuant to the 2019 Minor Modification.
6. The potential environmental impacts of the proposed Project were analyzed pursuant to the California Environmental Quality Act (CEQA) in the Subsequent Mitigated Negative Declaration adopted in 2017 and related Addendum adopted in 2019; no further environmental review is required. (Public Resources Code §21166; CEQA Guidelines §15162). The Planning Commission recognizes a previously ad opted Subsequent Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project.
7. The project site has a general plan land use designation of International West Mixed Use and is zoned Planned Unit Development No. PUD-128-12.
8. Existing land use, zoning, and General Plan designations of property in the vicinity of the subject property have been reviewed.
9. Report submitted by City staff was reviewed.
10. Pursuant to a legal notice, a public hearing was held on February 20, 2020, and all interested persons were given an opportunity to be heard.
11. The Planning Commission gave due and careful consideration to the matter during its meeting of February 20, 2020.
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:
FACTS:
In 2012, the Garden Grove City Council approved General Plan Amendment No.
GPA-2-12(B) and Planned Unit Development No. PUD-128-12 and adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program to facilitate the future development of a resort hotel project known as the Site C Project.
As approved in 2012, the Site C Project called for up to 769 rooms and ancillary hotel uses such as pools, spas, and fitness centers within one (1) full-service, and two (2) limited-service, resort hotels with up to 104,000 aggregate square feet of conference/meeting banquet space, hotel restaurant space, freestanding pad restaurant/entertainment space, and a multi-level parking garage with 1,297 parking spaces on approximately 5.2-acres of the 5.8-acres covered by PUD-128-12.
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In 2013, the City Council adopted Resolution No. 9172-13 approving the Grove District Resort Hotel Development Agreement (“DDA”). The DDA generally provides that the City will convey the approximately 4.3-acres site to the developer in exchange for the developer constructing the Site C Project in accordance with the approved land use entitlements. The prope rties were conveyed to the developer in December 2019.
On November 2, 2017, the City of Garden Grove Planning Commission adopted Resolution No. 5898-17 adopting a Subsequent
Mitigated Negative Declaration for
the Site C Project, Resolution No. 5899-17 approving Site Plan No. SP-043-2017 and Tentative Map No. TT-17455, and Resolution No. 5900-17 approving Development Agreement No. DA-008-2017. Site Plan No. SP-043-2017 authorized the construction of up to 769 hotel rooms and approximately 26,090 square feet of additional hotel ancillary uses within two (2) full-service and one (1) limited-service hotels, approximately 39,867 square feet of conference/meeting banquet space, approximately 36,885 square feet of
restaurant/retail/entertainment space, approximately 24,014 square feet of hotel restaurant space, and a total of up to 1,297 parking spaces within a multi-level parking structure with one leve l of subterranean parking. Tentative Tract Map No. TT-17455 authorized the reconfiguration of fifteen (15) existing parcels to create two (2) commercial lots (Lot 1 and Lot 2) to facilitate the development of the Site C Project, as well as adjusting the rear lot area of four (4) existing residential parcels located on Ch oisser Road, and allowing for the future condominiumization of the hotel.
On December 12, 2019, the Community and Economic Development Director approved an Addendum to the Subsequent Mitigated Negative Declaration and a Minor Modification to Site Plan No. SP-043-2017 to allow for certain modifications to the project that did not materially change the scope or intensity of the project as approved by SP-043-2017.
The modifications included minor changes to the on-site circulation; reducing the basement parking footprint and expanding the above- ground parking structure to the southerly setback line along Twintree Lane and reducing the number of parking spaces to 1,221; relocating “Hotel C” from Twintree Lane to Harbor Boulevard, and combining it with “Hotel B”; shifting the building placement of “Hotel A” to increase the building setback from 5 feet to 10 feet along the northerly property line and increasing the building setback from 10 feet to 15 feet along the easterly property line; chan ging some retail configuration, including reducing roof heights, eliminating the second floor, expanding the use into the ground floor of the parking structure, and providing a new mezzanine level design; relocating the spa/fitness center, hotel management office, and one of the hotel restaurants to different locations within the site; reducing and reconfiguring the usable outdoor roof deck of “Hotel A”. The modified Project maintains the same number of 769 hotel
rooms within two (2) full-service hotels, approximately 39,867 square feet of conference/meeting banquet space, approximately 40,320 square feet of restaurant/retail/entertainment space, 11,637 square feet of hotel restaurant space, 24,762 square feet of additional hotel ancillary uses, and a Resolution No. 5977-20 Page 4
total of 1 ,221 above- and below-ground parking spaces. The height of the hotels and the parking structures remained the same was previously approved.
The developer now proposes to amend Tentative Tract Map No. TT-17455 to further subdivide the commercial lots for the Site C Project from the previous approval of two (2) commercial lots to four (4) commercial lots for financing purposes. The amended Tentative Tract Map will create four (4) commercial lots (Lots 1 to 4) with an aggregate lot area of 4.42-acres to accommodate the development of the Site C Project. The proposed amended Tentative Tract Map will create a letter-lot easement on Harbor Boulevard that will be dedicated to the City of Garden Grove in-fee for public purposes, and will adjust the rear lot line of four (4) existing residential lots on Choisser Road to incorporate the rear portion of the lots in to the project site. With the rear lot line adjustment, each residential lot will continue to maintain the required minimum lot size of 7,200 square feet. The proposed amended Tentative Tract Map will also allowed for the future commercial condominiumization of the Site C Project.
FINDINGS AND REASONS:
Tentative Tract Map:
1. The proposed map is consistent with the General Plan.
The proposed map is consistent with the provisions of the General Plan International West Mixed Use land use designation, which applies to all affected parcels. The International West Mixed Use Land Use designation is intended to promote the development of resorts, entertainment, retail, restaurants, and hotels along Harbor Boulevard. Policy ED-1.1 of the Economic Development Element encourages the development and expansion of hotel facilities on key corridors in the City, such as Harbor Boulevard, while Goal LU-9 of the Land Use Element for International West seeks to develop this area as a tourism and entertai nment destination. Tentative Tract Map No. 17455 was originally approved in 2017 to reconfigure fifteen (15) existing parcels to facilitate the development of the Site C Project. The proposed amendment to the Tentative Tract Map will continue to be consistent with the goals and policies of the General Plan. The amended Tentative Tract Map will adjust the rear property lot lines of four (4) existing parcels located on Choisser Road to incorporate a portion of these parcels into the Site C Project site, and will consolidate existing parcels into four (4) commercial lots to facilitate the development of the proposed Site C Project.
The parcels on Choisser Road will maintain the required minimum lot size of 7,200 square feet. The proposed amended map will facilitate the development of the Site C Project, and will further the goals of the General Plan that envisions entertainment/themed resorts in the area.
2. The design and improvement of the prop osed subdivision are consistent with the General Plan.
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The design and improvements of the pr oposed subdivision are consistent with the General Plan, and will facilitate the development of the Site C Project.
The proposed Project is designed to comp ly with the applicable development standards of Planned Unit Development No. PUD-128-12. The International West Mixed Use Land Use designation is intended to promote the development of resorts, entertainment, retail, restaurants, and hotels along Harbor Boulevard. Policy ED-1.1 of the Economic Development Element encourages the development and expansion of hotel facilities on key corridors in the City, such as Harbor Boulevard, while Goal LU-9 of the Land Use Element for International West seeks to develop this area as a tourism and entertainment destination. The devel opment standards and performance standards approved in 2012 for Planned Unit Development No. PUD-128-12, the supplemental conditions of approval for Site Plan No. SP-043-2017 and Tentative Tract Map No. TT-17455, as well as the additional/revised supplemental conditions of approval included with the amended Tentative Tract Map will ensure that the design and improvement of the project site will be consistent with the spirit and intent of the General Plan.
3. The Site is physically suitable for the proposed type of development.
The Site is physically suitable for the proposed Site C Project. The Site is located along Harbor Boulevard, a major thoroughfare, in the City’s Grove District Anaheim Resort area and is s pecifically zoned for the proposed resort hotel development. The total land area associated with the amended Tentative Tract Map is 4.42-acres, which includes 1.42-acres for Lot 1,
0.83-acre for Lot 2, 0.78-acre for Lo t 3, and 1.39-acres for Lot 4. The proposed amended Tentative Tract Map w ill consolidate existing parcels to facilitate development of the Site C Project, which has been designed to comply with the development standards of Planned Unit Development No.
PUD-128-12, including setbacks, building heights, and landscaping. In addition, entrance driveways and on-site drive aisles have been designed per the City’s standard and provide adequate access for trash trucks and emergency vehicle access.
4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, and the requirements of the California Environmental Quality Act have been satisfied.
The potential environmental impacts of the proposed Project were analyzed pursuant to the California Environmental Quality Act (CEQA) in the Mitigated Negative Declaration adopted in 2012, the Subsequent Mitigated Negative Declaration adopted in 2017, and the related Addendum adopted in 2019.
The project complies with the requirements of CEQA, and the project will comply with the mitigation measures adopted in 2017 by Resolution No.
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5898-17 that adopted the Subsequent Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site C Project.
5. The Site is physically suitable for the proposed density of the development.
The Site is physically suitable to accommodate the Site C Project. Planned Unit Development No. PUD-128-12 expressly allows the development of the proposed resort hotel project on the Site at the designed density. The proposed map will consist of four (4) commercial parcels with a combined lot size of 4.42-acres. The property is sufficient in size to accommodate the proposed Site C Project, and complies with the development standards of Planned Unit Development No. PUD-128-12.
6. The design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
The design of the subdivision and the proposed improvements are not likely to cause serious public health problems since the conditions of approval will be in place to safeguard the public health. City Departments, including Traffic Division, Water Division, Engi neering Division, and the Planning Division, and the Orange County Fire Authority (OCFA) have reviewed the project. The development standards and the performance standards adopted in 2012 by Planned Unit Development No. PUD-128-12, the supplemental conditions of approval for Site Plan No. SP-043-2017 and Tentative Tract Map No. TT-17455, and the additional/revised supplemental conditions of approval included with the amended Tentative Tract Map will be applied as mitigating measures against potential impacts that the Project may have on the community.
7. 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 subdivision; or, if such easements exist, alternate easements for access or for use will be provided and these w ill be substantially equivalent to the ones previously acquired by the public.
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. The project has been designed to either avoid development over existing easements or require replacement of existing easements.
8. The design and improvement of the proposed subdivision are suitable for the uses proposed and the subdivision ca n be developed in compliance with the applicable zoning requirements.
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The proposed amended Tentative Tract Map will reconfigure fifteen (15) existing parcels to facilitate the development of the Site C Project. The Tentative Tract Map includes four (4) commercial lots with an aggregate area of 4.42-acres that will accommodate the Site C Project, including the proposed number of hotels, the proposed square footages for the conference/meeting banquet space, the hotel restaurants, the retail uses, and hotel ancillary uses, and the required parking. The design and improvement of the subdivision is su itable to accommodate the Site C Project, and the subdivision, as prop osed, complies with the General Plan, Planned Unit Development No. PUD-128-12, and the Subdivision Map Act.
9. 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 o pportunities for placement of shade trees and other vegetation for cooling.
10. 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 character of the subdivision is compatible with the design of existing structures, and th e lot sizes of the subdivision are substantially compatible with the lot sizes within the general area.
The commercial portion of the project site is vacant, and no residential homes are proposed as part of the subdivision. The project is located in an area known as the Grove District Anaheim Resort, which is designated as a resort destination that encourages ho tels, restaurants, and entertainment uses. The resort area is improved with hotels, restaurants, and retail uses.
The configuration of the proposed map will accommodate the development of the Site C Project on four (4) commercial parcels with an aggregate lot area of 4.42-acres. The proposed map is consistent with the lot sizes of other hotel developments in the immediate area.
11. The subject property is not located within in 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 a violation of existing requirements prescribed by the California Regional Water Quality Control Board. The performance standards Resolution No. 5977-20 Page 8
adopted in 2012 for Planned Unit Development No. PUD-128-12, supplemental conditions of approval, and the additional/revised supplemental conditions of approval for on and off-site improvements, will ensure 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 Resolution No. 5977-20.
BE IT FURTHER RESOLVED that the Planning Commission does conclude:
1. The Tentative Tract Map possess characteristics that would justify the request in accordance with Municipal Code Section 9.40.060 (Tentative Maps).
2. In order to fulfill the purpose and intent of the Planned Unit Development No.
PUD-128-12 and the Municipal Code and thereby promote the health, safety, and general welfare, the project will comply with the performance standards of Planned Unit Development No. PUD-128-12, the Supplemental Conditions of Approval of Site Plan No. SP-043-2017 and Tentative Tract Map No.
TT-17455, and the Additional/Revised Supplemental Conditions of Approval (Exhibit “A”) that shall apply to Tentative Tract Map No. 17455 (Amended 2020).
Adopted this 20th day of February 2020
ATTEST: /s/ JEREMY LEHMAN __________
CHAIR
/s/ JUDITH MOORE_____________
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I , J U D I T H M O O R E , S e c r e t a r y o f t he City of Garden Grove Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of th e City of Garden Grove, California, at a meeting held on February 20, 2020, by the following vote:
AYES: COMMISSIONERS: (7) LE, LEHMAN, LINDSAY, NGUYEN, PEREZ,
RAMIREZ, SOEFFNER
NOES: COMMISSIONERS: (0) NONE
Resolution No. 5977-20 Page 9
/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 fi nal (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 March 12, 2020.