Item 497/2024
FINAL
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Niki Wetzel
Dept:
City Manager Dept: Community Development
Date: 1/14/2025
Subject: Adoption of a Resolution denying an appeal filed by Supporters Alliance for Environmental Responsibility (SAFER) and upholding the Planning Commission’s Decision to approve Site Plan No. SP-145-2024 and Lot Line Adjustment No. LLA-033-2024. (Continued from the December 10, 2024 City Council meeting) (Action Item)
OBJECTIVE
To conduct a public hearing to consider an appeal filed by Supporters Alliance for Environmental Responsibility (“SAFER”) requesting that the City Council consider modifying the Garden Grove Planning Commission’s decision to approve Site Plan No. SP-145-2024 and Lot Line Adjustment No. LLA-033-2024.
BACKGROUND
William D. Jager (“Applicant”) has filed a land use application for City approval of Site Plan No. SP-145-2024 and Lot Line Adjustment No. LLA -033-2024, for property located on the north side of Garden Grove Boulevard, between Galway Street and Brookhurst Way, at 9891, 9897, and 9901 Garden Grove Boulevard. Site Plan No. SP -145-2024 would authorize the construction of a seven -story, 98 unit multiple -family residential apartment complex with associated site improvements on the 1.35 acre (gross) project site. Lot Line Adjustment No.
LLA-033-2024 would authorize removal of an existing lot line for the purpose of consolidating two (2) adjoining parcels into one (1) parcel to accommodate the proposed residential development.
The Applicant contends that the proposed project is categorically exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the State CEQA Guidelines (In-Fill Development Projects). In support of this contention, the Applicant provided an Environmental Information Form as part of its application (Attachment 7) and a Class 32 Exemption Justification Memorandum, along with supporting technical studies (Attachment 6).
City Staff reviewed and analyzed the Applicant’s technical materials, concurred that the Class 32 CEQA exemption applies, and recommended that the Planning Commission approve the proposed project, subject to specified Conditions of Approval.
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The Garden Grove Planning Commission held a duly noticed public hearing regarding the proposed project on October 3, 2024. No members of the public submitted letters or spoke in opposition to the proposed project at the public hearing. After closing the public hearing, the Planning Commission voted 5-0 (with 2 commissioners absent) to adopt Resolution No. 6097- 24 determining that the proposed Project was categorically exempt from CEQA pursuant to the Class 32 exemption, making certain findings, and approving the requested land use entitlements, subject to specified Conditions of Approval. Resolution No. 6097-24 is included as Attachment 2.
On October 24, 2024, within the designated 21-day appeal period, the City Clerk received an appeal of the Planning Commission’s decision from Supporters Alliance for Environmental Responsibility (“SAFER”) . According to its appeal, SAFER objects to the Planning Commission’s determination that the project is categorically exempt from CEQA review based on the Class 32 Categorical Exemption, asserts that the Class 32 exemption does not apply, and requests that the City require an Initi al Study be conducted and a CEQA document prepared to analyze and mitigate the Project’s environmental impacts. A copy of the Appeal form filed by SAFER is included as Attachment 5. No additional supporting information or justification for the appeal or its request was provided by SAFER at the time of filing of the appeal.
On December 5, 2024, SAFER submitted a letter to the City in support of its Appeal (Attachment 9). This letter included three exhibits: (a) Letter from Wilson Ihrig re 9901 Garden Grove Apartments Categorical Exemption, Comments on the Noise and Vibration Analysis dated November 8, 2024; (b) Letter from SWAPE re. Comments on the 9901 Garden Grove Boulevard Apartment Project dated December 2, 2024; and (c) Letter from Indoor Environmental Engineering re. Indoor Air Quality: Lowden Project – 9891-9901 Garden Grove Boulevard, Garden Grove, CA dated November 15, 2024. The SAFER letter and its exhibits, collectively referred to as the “SAFER Letter,” set forth SAFER’s contentions in support of the Appeal.
On January 7, 2025, the Applicant provided a letter in response to the SAFER Letter. (Attachment 10). This letter included six attachments: (1) Excerpts from Phony Union Tree Huggers: Labor Union Abuse of CEQA; (2) Excerpts from Little H oover Commission, CEQA:
Targeted Reforms for California’s Core Environmental Law (2024); (3) SAFER IRS Form 990- PF (2023); (4) January 3, 2025 Class 32 Justification Memo; (5) January 3, 2025, CalEEMod Air Quality, VMT, and FHWA/FTA Noise and Vibrations Study; and (6) Yorke Engineering, LLC Response to Lozeau Drury, LLP Comments (December 9, 2024). The Applicant’s response letter and its exhibits, collectively referred to as the Applicant’s Response, set forth the Applicant’s responses to the SAFER Letter.
DISCUSSION
Project Summary:
The 1.35-acre project site is located on the north side of Garden Grove Boulevard, between Galway Street and Brookhurst Way. The site is currently improved with a vacant auto brake and alignment shop, built in 1939, which was last operated by Vodie’s Alignment and Brakes from 1985 to 2021. The auto shop vacated the project site in 2021 and was subsequently Item 497/2024
sold to the current owner, Lowden Real Estate Investments, LLC. The subject site has a General Plan Land Use designation of Residential/Commercial Mixed Use 3 (RC3) and is zoned GGMU-3 (Garden Grove Boulevard Mixed Use 3). The project site abuts GGMU -3 zoned properties to the north currently improved with multiple-family units, to the east and west currently improved with auto commercial uses, and to the south , across Garden Grove Boulevard, currently improved with a commercial shopping center.
The Applicant proposes to demolish the improvements on-site formerly occupied by the auto shop to construct a five-story residential apartment complex over two (2) levels of parking garage, for seven (7) stories total. The development would consist of ten (10) deed restricted “very low-income” units and eighty -eight (88) market rate units. The Project incorporates two (2) concessions/incentives and six (6) waivers/reductions of development standards pursuant to the Density Bonus Law (DBL) to facilitate the proposed development. These concessions/incentives and waivers/reductions of development standards are more fully described in the attached Planning Commission Staff Report dated October 3, 2024 (Attachment 3).
In order to facilitate the construction of the proposed development, approval of a Lot Line Adjustment is needed in order to eliminate an existing interior lot line to consolidate the two (2) parcels into one (1) parcel. Currently, Parcel 1, located on the east side of the project site, has a net lot size of 17,500 square feet, while Parcel 2, located on the west side of the project site, has a net lot size of 35,000 square feet (41,253 gross square feet) for a total of
1.35 gross acres or 58,753 square feet.
SITE PLAN:
Specific elements of the proposed Site Plan and dev elopment are discussed below – and in more detail in the attached Planning Commission Staff Report dated O ctober 3, 2024 (Attachment 3).
Access to the site is proposed along a shared drive aisle located along Garden Grove Boulevard on the westerly side of the project site, leading to the entry of the gated garage ground level. The garage ramp is centrally located within the building footprint to access the second garage level. The shared drive ais le also provides the required fire truck access and turnaround to the rear of the site, as well as guest surface parking spaces. A pedestrian walkway will be provided along the east side of the site leading to the active recreation area located at the rear , along the north side of the site. The proposed building provides an entry along the front of the ground floor, which leads to the leasing office, elevator lobby, a community conference room, and the parking garage.
The apartment units will be located on stories three (3) through seven (7) and will be accessed by interior corridors. The third story, the podium level, also offers outdoor and indoor common recreation areas.
Per the DBL, the project is required to provide 115 parking spaces minimum, but w ill provide 120 parking spaces total, resulting in a surplus of five (5) parking spaces that will be designated as guest parking.
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The proposed project will consist of four (4) unit types. The units will range between one (1) and three (3) bedrooms, one (1) to two (2) bathrooms, and floor areas between 656 and 1,132 square feet. Each unit will also consist of a kitchen/dining area, a living room, a washer/dryer closet, and a private deck accessed off of the living room.
The proposed development is require d to provide 29,400 square feet of open space (300 square feet per unit) minimum. As designed, the project would provide approximately 9,260 square feet of private open space, and approximately 20,566 square feet of common open space, for 29,826 square fee t total, exceeding the minimum requirement.
The private open spaces are provided as decks for each unit accessible from the living rooms. The decks range from ninety (90) to ninety -five (95) square feet in size. All decks are designed to meet the minimu m sixty (60) square -foot area, the minimum six-foot (6’-0”) dimension, and minimum eight-foot (8’-0”) vertical clearance.
The outdoor active open space area on -grade at the rear of the project site will be improved with two (2) half basketball courts, bench seating, and landscaping. Two (2) open space areas located on the third story podium level will be improved with a variety of amenities, such as barbeques with table seating, a community garden, an outdoor yoga area, in-ground spas, fire pit tables, lounge seating, raised platers, artificial turf areas, and landscaping. There are two (2) indoor open spaces also proposed on the third story adjacent to the outdoor open spaces that will be improved with a variety of amenities, such as workstations, an indoor yoga room, a clubhouse with a kitchen. The project also proposes a community conference room, community storage space, a multi-purpose room, a media room, a flex room, and common restrooms. Additionally, a passive open space will be located on -grade along the easterly side yard improved with pathways, bench seating, raised landscape beds, and pet waste stations.
The project has been designed with a pedestrian oriented area within the first five feet (5’-0”) of the minimum required fifteen -foot (15’-0”) front yard setback. The project proposes enhanced paving, and will include bench and lounge seating. The project proposes a variety of trees and landscaping within the front setback area and the public right-of-way, as required for properties located in the GGMU-3 zone that front Garden Grove Boulevard.
The project proposes landscaping along the side and rear setbacks, except on areas designated for walkways, parking spaces, and the drive aisle, using a variety of plant materials. All of the landscape d areas will be fitted with automatic irrigation systems that comply with the City’s Water Efficiency Guidelines.
The apartment complex will incorporate a contemporary architectural style in a white and brown color scheme. The building design includes st ucco, brick veneer, metal cladding and synthetic board exteriors, vinyl windows, awnings, canopies, and window and door storefronts along Garden Grove Boulevard. The deck areas of each unit will be accentuated with metal guardrails. Along the front elevati on, stories three (3) through seven (7) are step ped-back approximately twenty feet (20’ -0”) to provide a Item 497/2024
human-scaled quality along Garden Grove Boulevard. The elevations of the buildings propose varied architectural articulation of the facades, such as in terrupted breaks in façade planes, projections and recesses, along with changes in materials, differentiation in color, and changes in detailing.
Applicable Law Governing Appeals of Planning Commission Decisions:
Pursuant to Garden Grove Municipal Code (GGMC) Section 9.32.030(B), all decisions of the Planning Commission are appealable to the City Council. Appeals are governed by GGMC Sections 9.32.110 through 9.32.150.
GGMC Section 9.32.110 (Appeals – Purpose) provides that t he purpose of an appeal o f a hearing body decision is to allow an applicant or an interested party of a land use action who feels aggrieved by the decision to seek review of the case by another imported hearing body.
SAFER did not articulate how or why it is an “interested party” vis-à-vis this particular project when it filed its appeal.
Pursuant to GGMC Section 9.32.120 (Time for Appeal), a decision of a hearing body on a land use action may be appealed by the applicant, or an individual, within 21 days of the date on which the decision is rendered. SAFER is a nonprofit corporation, not an individual.
Therefore, SAFER lacks standing under the Garden Grove Municipal Code to appeal the Planning Commission’s approval of the proposed Project.
However, CEQA independently authorizes any person or entity to appeal a determination by a nonelected decision-making body (such as the Planning Commission) that a project is not subject to CEQA to the agency’s elected decision-making body (i.e., the City Council). (Pub.
Resources Code, § 21151(c).)
Therefore, the City Council’s review and consideration of the project on appeal is limited to whether the Planning Commission’s determination that the Project is exempt from review under CEQA pursuant to the Class 32 Exemption was correct.
Applicability of the Class 32 CEQA Exemption:
CEQA’s Class 32 exemption applies to in-fill development projects (CEQA Guidelines §15332).
A project can qualify for a Class 32 exemption if the proposed project: (1) is consistent with applicable General Plan designation and all general plan policies, as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five (5) acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare, or threatened species; (4) the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; (5) the site can be adequately serv ed by all required utilities and public services ; and (6) no exceptions to the exemption apply. (CEQA Guidelines § § 15300.2(b)-(f), 15332).
The Planning Commission determined that the project is categorically exempt from CEQA pursuant to the Class 32 exemption based on the following:
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The project is consistent with the applicable General Plan designation and policies and applicable zoning designation and regulations.
As to the General Plan, the Property is designated as Residential / Commercial Mixed Use 3 (RC 3). In this designation, the maximum density is 48 units per acre. As to zoning, the Property is zoned GGMU -3, in which the maximum density is also 48 units per acre. The Project calls for 98 units on 1.35 gross acres, resulting in a density of 72 units per acre. The Project, however, has been submitted pursuant to the State Density Bonus Law and the Housing Accountability Act and is therefore entitled to a density bonus and concessions, waivers, and modifications of the development standards . As a result, the project is consistent with the applicable General Plan designation and policies and the applicable zoning designation and regulations. (Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1349 [finding that standards waived under the DBL are not considered when applying the Class 32 CEQA exemption].) (See Attachment 6, Justification Memorandum, p. 3-8.)
The subject site is located within City limits on a project site of no more than five acres and is substantially surrounding by urban uses.
The Project site is rectangular in shape and its entire street frontage is on Garden Grove Boulevard. The Project site is 1.35 acres gross, or 1.21 acres net, and is located within City boundaries. The Project site is completely surrounde d by urban uses: automotive uses are adjacent to the Project site on its western and eastern property line, a multi-family apartment project is adjacent to the Project site’s northern property line, and retail commercial uses are located to the south of th e Property site across Garden Grove Boulevard. (See Attachment 6, Justification Memorandum, p. 8.)
The subject site was surveyed, and does not have any known value as habitat for endangered, threatened, or rare species.
The Project site is within a highly developed, densely populated urban area. The Project site contains existing buildings that will be demolished and apparent remnants of previously demolished structures. The Project site provides no value for habitat for endangered, threatened, or rare species. (See Attachment 6, Justification Memorandum, pp. 8-9.)
Traffic, noise, air quality, and water quality studies have been prepared by licensed firms to study the impact of the proposed development, and no significant impacts have been identified. The traffic, noise, air quality, and water quality studies are attached for reference (Attachment 6).
The Project’s potential traffic, noise, air quality, and water quality impacts were projected and evaluated in technical studies. The studies concluded that the Project would not result in any significant traffic, noi se, air quality, or water quality impacts. ( See Attachment 6, Justification Memorandum pp. 9-18; Attachment 6, Air Quality, VMT, and Noise and Vibration Study; Attachment 6, Water Quality Study.)
The Public Works Department reviewed the proposed development, and found that it can be adequately served by all required utilities and public services.
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The Project’s potential impacts to utilities, fire protection, police protection, schools, parks, and library facilities were projected and evaluated. It was determined that the Project could adequately be served by, and would not result in any significant impacts to, all required utilities and public services. (See Attachment 6, Justification Memorandum, pp. 18-20.)
No Exceptions to the Class 32 Exemption Apply.
A Class 32 categorical exemption is precluded where a project may result in damage to scenic resources within an official state scenic highway, is located on any lists of hazardous waste and substance facilities and sites and public drinking wells with organic contaminants pursuant to Government Code Section 65962.5, may cause a substantial adverse change in the significance of a historic resource, there is a reasonable possibility of a significant impact on the environment due to unusual circumsta nces, or significant cumulative impacts from projects of the same type will result. It was determined that none of these exceptions apply to the proposed Project. (See Attachment 6, Justification Memorandum, pp. 21-24.)
SAFER LETTER AND APPLICANT’S RESPONSE
Staff has reviewed and analyzed the SAFER Letter and the Applicant’s Response. Following this review, Staff concluded that the Class 32 exemption applies to the project and its recommendation to deny the appeal is unchanged.
CONCLUSION
Staff has reviewed the appeal request and recommends that the City Council uphold the Planning Commission’s decision to approve Site Plan No. SP -145-2024 and Lot Line Adjustment No. LLA-033-2024.
The basis for Staff’s recommendation and the Planning Commission’s approval of Site Plan No. SP-145-2024 and Lot Line Adjustment No. LLA -033-2024 are set forth in detail in the following documents related to the environmental analysis conducted for the proposed project:
Attachment 6: Class 32 Categorical Exemption Jus tification Memorandum and Technical Studies
Attachment 7: Environmental Information Form
Attachment 8: Notice of Exemption
Attachment 10: Applicant’s Response to SAFER Letter
FINANCIAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council:
Conduct a Public Hearing;
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Adopt the attached Resolution denying the appeal filed by Supporters Alliance for Environmental Responsibility , and upholding the Planning Commission’s decision approving Site Plan No. SP-145-2024 and Lot Line Adjustment No. LLA-033-2024 and determining the Project to be exempt from review under the California Environmental Quality Act.
ATTACHMENTS
Attachment 1: Draft City Council Resolution upholding the Planning Commission’s decision to approve Site Plan No. SP-145- 2024 and Lot Line Adjustment No. LLA-033-2024
Attachment 2: Planning Commission Resolution No. 6097-24 with Exhibit “A”- Conditions of Approval Attachment 3: Planning Commission Staff Report dated October 3, 2024 with Vicinity Map, Plans, Lot Line Adjustment Forms, Density Bonus Application, and Class 32 Categorical Exemption Technical Studies Attachment 4: Planning Commission Minute Excerpt dated October 3, 2024 Attachment 5: Appellant’s Appeal Filing and Request in Writing dated October 24, 2024 Attachment 6: Class 32 Categorical Exemption Justification Memorandum and Technical Studies Attachment 7: Environmental Information Form
Attachment 8: Notice of Exemption
Attachment 9: SAFER Letter Dated December 5, 2024 re Appeal on Proposed CEQA Infill Exemption Attachment 10: Applicant’s Response to SAFER Letter Dated January 7, 2025