Garden Grove City Council
April 8, 2025

GARDEN GROVE CITY COUNCIL

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING SITE PLAN NO. SP -150-2025, TENTATIVE TRACT MAP NO. TT-19336, AND VARIANCE NO. V-045-2025 FOR A PROPERTY LOCATED ON THE

SOUTH SIDE OF SANTA CATALINA AVENUE, NORTHWEST OF SAN TA BARBARA AVENUE, BETWEEN VALLEY VIEW STREET AND ST. MARK STREET, AT 5802 SANTA CATALINA AVENUE, ASSESSOR’S PARCEL NO. 224-212-01.

WHEREAS, Neal Pafford, on behalf of Brandywine Homes, the applicant, submitted a request to rezone and subdivide an existin g approximately 3.025-acre lot located on the south side of Santa Catalina Avenue, northwest of Santa Barbara Avenue, between Valley View Street and St. Mark Street, at 5802 Santa Catalina Avenue, Assessor’s Parcel No. 224-212-01 (the “Property”) containing an operating religious facility into two parcels to facilitate the development of a residential project on a new 1.73 -acre parcel consisting of twenty -six (26) condominium townhomes and associated site improvements; and

WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendment to change the General Plan Land Use Designation of a 1.73 -acre portion of the project site from Low Density Residential (LDR) to Medium Density Residential to facilitate the development of the residential project; (ii) a Zoning Map Amendment to change the zoning of a 1.73- acre portion of the subject property from R -1 (Single -Family Residential) to R -3 (Multiple-Family Residential) to facilitate the development of the residential project; (iii) a Tentative Parcel Map to subdivide the existing approximately 3.025 -acre lot into two lots to facilitate the development of the residential project on a new 1.73 - acre parcel and allow the existing religious facility to continue to operate on a new

1.29 acre parcel; (iv) a Tentative Tract Map to create a one -lot subdivision for the purpose of selling each townhome as a condominium; (v) Variance approval to deviate from the required rear yard setback for second -story building area; (vi) a Site Plan to construct twenty -six (26) two -story townhomes along with associated site improvements; and (vii) a Conditional Use Permit (CUP) to allow the religious facility to continue to operate on the new 1.29 acre parcel, and a waiver to allow the existing main sanctuary building to deviate from the required twenty -five foot (25’- 0”) building setback to a common property line with an “R” zoned property (collectively, the “Project”); and

WHEREAS, the project site is comprised of an approximately 3.025 acre parcel, and is located on the south side of Santa Catalina Avenue, northwest of Santa Barbara Avenue, between Valley View Street and St. Mark Street; and

WHEREAS, the Property has a General Plan Land Use Designation of Low Density Residential ( LDR), and is currently zoned R-1 (Single-Family Residential); and

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WHEREAS, the Property abuts an R -3 (Multiple-Family Residential) zoned property to the south. To the west, across St. Mark Street, the subject site is adjacent to R-1 (Single-Family Residential) zoned properties. To the north and east, the subject site is adjacent to R -1 (Single Family R esidential) zoned properties. The subject site is in an area developed with residential uses, including single - and multifamily dwellings; and

WHEREAS, the proposed development will feature twenty-six (26) two-story attached townhomes, with units ranging in size from 1,223 square feet to 1,745 square feet, and consisting of two (2) or four (4) bedrooms, two and a half (2.5) or three (3) bathrooms, an attached two-car garage; and associated site improvements that will consist of three private drive aisles, twenty-eight (28) guest parking spaces, common recreation areas and associated amenities, and on-site landscaping; and

WHEREAS, the Project has been designed to comply with the Development Standards of the R-3 (Multiple-Family Residential) zone set forth in Section 9.12.040 of the Garden Grove Municipal Code as set forth in Planning Commission Resolution No. 6105-25; and

WHEREAS, the “No Net Loss” provisions of Government Code Section 65863 and Section 9.60.030 of the Garden Grove Municipal Code do not apply because approval of the Project will not require or permit the reduction of the allowable residential density for any housing element parcel; and

WHEREAS, development of the proposed Project will not require the replacement of any occupied or vacant protected units pursuant to Subdivision (b) of Government Code Section 66300.6; and

WHEREAS, an Initial Study and proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been prepared for the Project in accordance with 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.; and

WHEREAS, following a public hearing held on February 20, 2025, the Garden Grove Planning Commission adopted: (i) Resolution No. 6102-25 recommending the Garden Grove City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project; (ii) Resolution No. 6103- 25 recommending the Garden Grove City Council approve General Plan Amendment No. GPA-001-2025 and Zoning Map Amendment No. A-041-2025; (iii) Resolution No. 6104-2025 recommending the Garden Grove City Council approve Tentative Parcel Map No. PM-2024-124; (iv) Resolution No. 6105 -2025 recommending the Garden Grove City Council approve Site Plan No. SP -150-2025, Variance No. V -045-2025, and Tentative Tract Map No. TT-19336, subject to specified Conditions of Approval,

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(v) Resolution No. 6106-25 recommending the Garden Grove City Council approve Conditional Use Permit No. 119-60 (REV. 2025); and

WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Mitigated Negative Declaration was held by the City Council on April 8, 2025, and all interested persons were given an opportunity to be heard; and

WHEREAS, concurrently with the adoption of this Resolution, the City Council introduced an Ordinance and conducted the first reading of an Ordinance approving Zoning Map Amendment No. A -041-2025, and adopted Resolution s adopting a _______Mitigated Negative Declaration and Mitig ation Monitoring and Reporting Program for the Project , and adopted a Resolution _____ contingently approving General Plan Amendment No. GPA-001-2025, ______Tentative Parcel Map No. PM- 2024-124, and ________Conditional Use Permit No. CUP-119-60 (REV. 2025); and

WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of April 8, 2025, and considered all oral and written testimony presented; and

WHEREAS, the City Council of the City of Garden Grove hereby makes the following findings regarding Site Plan No. SP-150-2025, Variance No. V-045-2025, and Tentative Tract Map No. TT-19336:

NOW, THEREFORE, the City Council of the City of Garden Grove does hereby resolve as follows:

1. The City Council finds that the above recitals are true and correct.

2. City Council Resolution No. ____ adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.

3. The City Council of the City of Garden Grove hereby makes the following findings regarding Site Plan No. SP-150-2025:

a. 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 twenty-six (26) residential units, along with associated site improvements, including, but not limited to a private drive aisles, visitor parking adjacent to the main entrance, a common recreation area, private open space areas, and site landscaping improvements.

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With the approval of General Plan Amendment No. GPA-001-2025 and Zoning Map Amendment No. A-041-2025, the 1.73-acre portion of the subject site will amend the land use designation to MDR and re zoned to 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 MDR land use designation is implemented by the R-3 zone, which is intended to provide for a variety of types and densities of multi ple-family residential dwellings. With the approval of Tentative Parcel Map No. PM-2024-124, the residential development will occur on a separate legal lot. 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 a nd their high quality of life. The proposed development of twenty-six (26) 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 s, 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 neighbo rhood, characterized by two-story multifamily developments to the south, and across the street, on Santa Barbara Avenue .

The proposed development, with a density of fifteen (15) units per acre is appropriate, as it will not only provide opportunities fo r new housing developments, but also integrate with the surrounding neighborhood developed with residential uses that include two-story multifamily developments.

Goal LU -4: The City seeks to develop uses that are compatible with one another. The newly created 1.73-acre site is proposed to be improved with twenty-six (26) two-story, attached, residential units, at fifteen (15) units per acre. This is within the allowable density of thirty-two (32) units per acre of the R-3 zone 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 t wo-story attached townhomes, whic h are allowed by the proposed R-3 zone. Thus, the project is similar both in land use intensity and physical scale of the adjoining residential neighborhood.

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In addition, the subject site has been used as a church site since the 1960’s, and the existing t he existing ancillary one -story building and parking lot is deteriorating and underutilized. Thus, allowing the proposed project will allow an underutilized site to be developed with twenty-six (26) townhomes that are consistent with the General Plan, as w ell as contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).

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 with nearby access to Valley View Street, a major arterial road that connects to commercial zones. Approval of the proposed General Plan Amendment and Zoning Map Amendment will facilitate the de velopment of twenty-six (26) townhomes. 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.

Goal H-2: Housing supply to accommodate housing needs at all affordability levels. The proposed project will provide twenty-six (26) 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).

b. The provisions of the California Environmental Quality Act have been complied with.

Pursuant to the California Environmental Quality Act CEQA), Public Resources Code Section 21000 et. seq., and the CEQA guidelines, 14 California Code of Regulations Sec. 15000 et. seq., an Initial Study was prepared and it has been determined that the proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the environment. A Mitigation 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. 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 o f the California Environmental Quality Act have been complied with. Pursuant to Resolution No. 6102-25, the Planning Commission recommended that the City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project.

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c. The proposed development project does not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specific adverse impact, other than the disapproval of the proposed project.

The proposed twenty-six (26) 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 land 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.

4. The City Council of the City of Garden Grove hereby makes the following findings regarding Tentative Tract Map No. TT-19336:

a. That the proposed map is consistent with all the elements of the Garden Grove General Plan, Subdivision Map Act, and the Subdivision Ordinance , Chapter

9.40 of the Municipal Code.

The proposed project includes the construction of twenty-six (26) residential units, along with associated site improvements, including, but not limited to a private drive aisle, visitor parking adjacent to the main entrance, a common recreation area, private open space areas, and site landscaping improvements.

The proposed Tentative Tract Map will c reate a one -lot subdivision for the purpose of selling each townhome as a condominium.

With the approval of the General Plan Amendment No. GPA -001-2025 and Zoning Map Amendment No. A-041-2025, the subject site will have a General Plan Land Use designatio n of Medium Density Residential and be zoned 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 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. With the approval of Tentative Parcel Map No. PM -2024-124, the residential development will occur on a separate legal lot. 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 twenty -six (26) for -sale units will add to the mix of diverse

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housing types in the immediate neighborhood. The proposed development will ensure maintenance of all common areas, such as the private drive aisles, 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 t wo-story multifamily developments to the south, and across the street, on Santa Barbara Avenue.

The proposed development, with a density of fifteen (15) units per acre is appropriate, as it will not only provide opportunities for new housing developments, but also integrate with the surrounding neighborhood developed with residential uses that include single and multifamily developments.

Goal LU -4: The City seeks to develop uses that are compatible with one another. The newly created 1.73 -acre site is proposed to be improved with twenty-six (26) two-story, attached, residential units, at fifteen (15) units per acre. This is within the allowable density of thirty -two (32) units per acre of the R-3 zone 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 two -story attached townhomes, which are allowed by the proposed R-3 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 with nearby access to Valley View Street, a major arterial road that connects to commercial zones. Approval of the proposed General Plan Amendment and Zoning Map Amendment will facilitate the development of twenty -six (26) townhomes. 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.

b. That the design and improvement of the proposed subdivision is consistent with the General Plan.

The project site is currently comprised of an approximately 131,769 square foot (3.025 -acres) parcel on the south side of Santa Catalina Avenue, northwest of Santa Barbara Avenue, between Valley View Street and St. Mark

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Street. The site is currently developed with a religious facility and two ancillary buildings. The subject site abuts two-story multifamily developments to the south and east.

The proposed Project includes the subdivision of the Property into two new parcels, a 1.29 acre parcel (Parcel 2) and a 1.73-acre parcel (Parcel 1), along with a general plan amendment to MDR and zone change to R -3. Parcel 1 is proposed to be developed with twenty -six (26) attached townho mes, along with associated site improvements. Parcel 2 will remain with the existing religious facility, and the two-story ancillary building to be occupied by Grace Baptist Church. As part of the request, the parking lot of the religious facility will be restriped to comply with the Municipal Code parking requirements.

The proposed residential project on Parcel 1 will consist of twenty -six (26), two-story attached townhomes. Unit size will range from 1,223 square feet, and will consist of two (2), three (3) or four (4) bedrooms, two and a half (2.5) bathrooms or three (3) full bathrooms, an attached two -car garage, and covered entry. Associated site improvements will consist of private drive aisles, and visitor parking adjacent to the main entrance, as we ll as the southerly, and westerly portion of the site. Other site improvements include a common recreation area, private open space areas, and site landscaping improvements.

c. 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 1.73-acre lot will consist of twenty-six (26) two- story units, which wo uld be allowed under the proposed R-3 zone , and is consistent with the General Plan. The residential project has been designed in a manner that is compatible with the surrounding neighborhood. As designed, the site is able to accommodate twenty-six (26) units, along with parking, landscaping, private and common recreation areas, setbacks, and building height standards with the exception of the required rear yard stepback.

Therefore, the property is sufficient in size to accom modate the proposed development.

d. 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 proposed Project qualifies for a Mitigated Negative Declaration because the proposed Project with implementation of the proposed mitigation measures cannot, or will not, have a significant effect on the

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environment. 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. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were prepared and circulated in accordance with CEQA and CEQA's implementing guidelines.

e. That the site is physically suitable for the proposed density of the development.

The applicant is requesting to amend the General Plan land use designation from Low Density Residential (LDR) to Medium Density Residential (MDR) to facilitate the residential development on a 1.73-acre portion of the subject site.

The MDR land use designation, which is intended to create, maintain and enhance residential areas characterized by mostly traditional multi -family apartments, condominiums, and townhomes. The R-3 zone, as proposed under A-041-2025, 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 have a density of fifteen (15) units per acre, which is within that allowable density. As designed, the site is able to accommodate twenty-six (26) units, along with parking, landscaping, private and common recreation areas, setbacks, and other development standards of the proposed R-3 zone .

Therefore, the property is physically suitable fo r the proposed density of the development, as allowed under the MDR land us e designation, and the proposed R-3 zoning.

f. That the design of the subdivision 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 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 the project may have on the community, including public health.

g. That the design of the subdivision and t he 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 alternat e easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.

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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.

h. 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 Zoning Map Amendment No. A -041-2025, the City’s Official Zoning Map will be amended to rezone the 1.73-acre portion (Parcel 2) of the project site from R-1 (Single-Family Residential) to R-3 (Multiple-Family Residential) zone, to facilitate the development of the proposed twenty-six (26) unit project, and to ensure consistency with the existing General Plan Land Use Designation of Medium Density Residential (MDR).

The proposed Zoning Map A mendment will facilitate the development of the proposed twenty-six (26) unit townhome project. The si te’s proposed attached, townhome style housing is compatible with the surrounding area, which consists of a mix of multiple -family and single-family residential uses.

Accordingly, the R-3 zone is appropriate for the site, as it will be consistent with the variety of residential deve lopments 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 Tentative Tract Map No. TT-19336 is suitable for the twenty-six (26) proposed residential units. The proposed subdivision has been specifically designed to accommodate the twenty-six (26) residential units on the subject property, and to create a one -lot subdivision for the purpose 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 R-3 (Multiple-Family Residential) base zone.

i. 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

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access for passive heating and opportunities for placement of shade trees and other vegetation for cooling.

j. 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.

The proposed Tentative Tract Map No. TT -19336 would create a one-lot subdivision to sell each of the twenty-six (26) proposed residential units as 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. 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. Moreover, the project complies with the density requirements of the General Plan, as well as the proposed R-3 (Multiple-Family Residential) zone.

k. That the character of the subdivision is compatible with the design of existing structures and the lot sizes of the subdivision are substantially the same as the lot sizes within the general area.

The site is located within a residential neighborhood, characterized by two - story multifamily developments to the south, and across the street, on Santa Barbara Avenue. The proposed development, with a density of fifteen (15) units per acre, will integrat e with the surrounding neighborhood developed with residential uses that include two -story multifamily developments. The proposed Tentative Tract Map No. TT-19336 would create a one-lot subdivision to sell each of the twenty-six (26) 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 residential community. Moreover, the project complies with the density requirements of the General Plan , as well as the proposed R-3 (Multiple-Family Residential) zone.

l. 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

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requirements. Furthermore, the project has been conditioned to comply with all OCFA requirements relating to fire supp ression services, and emergency access.

m. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off -site improvements will 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 Contro l Board requirements.

5. The City Council of the City of Garden Grove hereby makes the following findings regarding Variance No. V-045-2025:

a. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use or development of the property that do not apply generally to other property in the same zone or neighborhood.

Approval of the requested Variance will allow the project to deviate from the minimum twenty-foot (20’-0”) stepback from the second floor for an R-3 zoned property abutting an R -1 zoned property. Garden Grove Municipal Code Section 9.12.040.050 (Special Requirements – Multi-Family Requirements) requires any R-3 zoned property adjacent to an R-1 zoned property to provide a 20 -foot stepback from the second floor building area. The applicant is proposing a second floor stepback of ten (10) feet for Building 1 located on the northeast portion of the site, and a fourteen foot and six-inch (14’-6”) setback for Building 3 located in the northerly portion of the site, in order to facilitate the construction of the 26 units. With exception to the requested Variance, the project meets all other Municipal Code development standards such as, but not limited to, building setbacks, parking, an d landscaping. There are exceptional or 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 propert ies throughout the City.

The newly created 1.73 -acre portion of the subject site proposed to be developed with the new townhomes will be irregular in shape, with frontage along Santa Barbara Avenue, which abuts a knuckle. This effectively reduces

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the usable area of the lot. Therefore, the most feasible option is to reduce the building stepback from the second floor to accommodate the proposed residential development, which will abut a religious use.

The subject site is surrounded and constrained by previo usly developed properties to the north, east, and south. The religious facility was constructed in 1961, under Conditional Use Permit No. CUP-119-60. The placement of the existing structures of the religious facility are setback approximately forty (40) feet from the front property line, fronting Santa Catalina Avenue, and are centrally located on the subject lot. The applicant is proposing to subdivide the project site, and develop the southernmost portion of the subject site, currently developed with a parking lot and a one-story ancillary building. The project currently complies with all the development standards of an R-3 zoned property except for the building stepback from the second floor since the newly created lot will abut an R -1 zoned property, which is occupied by a religious facility, Grace Baptist Church, which has operated since the 1960’s. The residential use to the east and south will not be impacted since the proposed townhomes will be fully separate from the residential uses to the south and east by a parking lot and landscaping . To provide the building stepback of twenty (20) foot the second floor, the applicant would need to either reduce the number of units significantly or reduce the required drive aisle width needed for fire access. Addi tionally, for an R -3 zoned property, the allowed density is 32 units per acre and the applicant is proposed 15.2 units per acres, which is lower than the allowed density.

b. 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 second floor building stepback for an R-3 zoned property abutting an R-1 zoned property, ranging from ten (10) feet to fourteen feet and 6-inches (14’-6”), in order to facilitate the construction of the 26 residential units. With exception to the requested Variance, the project meets all other Municipal Code development standards such as, but not limited to, building setbacks, parking, and landscaping.

Other properties within the immediate vicinity, in particular the property south of the subject site, located at 11851 Bailey Street, which is a similarly zo ned property (R -3, Multiple -Family Residential), provides a building setback of approximately five (5) from the first and second floor building area and currently abuts and R-1 zoned property. Most of the multifamily developments south of the project site do not meet the min imum building setbacks for an R-3 zoned property, therefore, the proposed Variance will not set a precedent, and will allow the applicant to enjoy a substantial property right possessed by other property owners located in the R -3 zone, a nd other similar zoned

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properties in the City. With exception to the requested Variance to deviate from the minimum second floor stepback for an R -3 zoned property abutting an R -1 zoned property, the proposed project complies with all other development standards of the R-3 zone.

c. 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 second floor building stepback for an R-3 zoned property abutting an R-1 zoned property, in order to facilitate the construction of the new residential development. Pursuant to Section 19.12.040, an R-3 development requires a ten (10) foot setback from the first and second floor. The request involves the rezoning of a portion of a developed R -1 lot, occupied by a religious facility.

Since the newly created parcel will be rezoned fr om R -1 to R -3, special development standards for a second story apply due the property being adjacent to an R -1 zoned property. Therefore, the project must provide a 20-foot building stepback from the second floor building area.

The Variance will not affect surrounding properties, which are developed with existing multifamily to the south and a religious use, Grace Baptist Church to the north of the project site. Additionally, other properties within the vicinity of the subject lot, and within other simil ar zoned properties throughout the City, have existing similar type buildings that provide less than 20 -feet from the second floor when adjacent to an R-1 zoned property.

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 by all City departments in order to ensure 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.

d. That the granting of such Variance will not adversely affect the City’s General Plan.

The General Plan does not explicitly impose a building stepback limitation for a second floor. Therefore, the proposed Variance 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

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characterized by mostly traditional multi -family apartments, condominiums, townhomes, and single -family small -lot subdivisions. The proposed development is consistent with the intent of the MDR Land Use Designation.

Specifically, the project meets the intent of the general plan by furthering the following General Plan goals, policies, and implementation programs:

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 project will provide a mix of housing of high quality standards within the neighborhood, in that the project will meet and exceed the required number of parking spaces provided on-site through private garages for each unit and twenty -eight (28) open parking spaces for guest and/or the residents to utilize. Multiple amenities such as community gardens and an active recreation area will be provided for the residents, among other amenities.

Policy LU-2.4: Assure that the type and intensity of land use are consistent with those of the immediate neighborhood. The allowed density for an R -3 zoned property is 32 units per acre. The applicant is proposing a density of

15.2 acres per unit, which is less than the allowed, creating consistency with the immediate neighborhood.

The proposed project will ensure that the City maintains a mix of housing types, contributing to available housing stock, while maintaining a well-planned and well-maintained community.

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 diverse housing with high standards of property maintenance that will enhance the surround ing neighborhood. Therefore, the granting of the requested Variance will not adversely affect the City’s General Plan.

e. 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.

Provided the Conditions of Approval are adhered to for the life of the project, approval of the subject Variance will not grant a special privilege that is inconsistent with the limitations upon other properties located within the vicinity or zone in which the subject property is situated.

To construct the proposed development at its requested density, the Variance to deviate from the required stepback from the second story building area is

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necessary to facilitate the development and improvement of the newly created lot, which otherwise meets all other Municipal Code development standards.

This includes, but is not limited to, building setbacks, parking, and landscaping.

Other properties within the immediate area of the subject lot, and within other similarly zoned properties throughout the City, provide a much lesser setback than ten (10) feet from the second floor building area within an R-3 zone.

Within the immediate vicinity of the subject site, a multifamily development exists immediately to the south, zoned as R -3, and currently abuts an R -1 zoned property with a setback from the second floor of approximately five (5) feet. Accordingly, approval of the proposed Variance will not grant a special privilege that is inconsistent with the limitations upon other property owners located within the vicinity and other similar zoned properties in the City. With exception to the requested Variance to deviate from the minimum stepback from the second floor, the proposed project complies with all other development standards of the R -3 zone. Approval of the proposed Variance will not set a precedent, and will allow the applicant to enjoy a substantial property right possessed by other property owners located in similar properties in the City.

In addition, the Project is subject to the following Condition of Approval: “The rights granted the applicant pursuant to Variance No. V -050-2025 shall continue in effect for only so long as the improvements authorized and contemplated by Site Plan No. SP-150-2025, and these Conditions of Approval (as they may be amended from time to time) continue to exist on the Site. In the event that that Site Plan No. SP-150-2025 is not exercised within one year of approval (or the length of any extension approved by the City), or th e improvements authorized and contemplated by Site Plan No. SP-150-2025 are demolished and not re -established within one year of demolition, Variance No. V-045-2025 shall cease to be effective or grant the applicant any rights to construct other improvements inconsistent with the then-currently applicable development standards.”

6. In addition to the foregoing, the City Council incorporates herein by this reference, the facts and findings set forth in the Planning Commission and City Council staff reports for the Project, and in Planning Commission Resolution No. 6105-25.

7. The Site Plan, Tentative Tract Map , Variance possess characteristics that justify the request in accordance with Sections 9.60.020 (Review of Housing Development Projects), 9.32.030 (Variances), and 9.40.060 (Tentative Maps) of the Garden Grove Municipal Code.

8. Site Plan No. SP-150-2025, Tentative Tract Map No. TT-19336, and Variance No. V-045-2025 are hereby approved, subject to and contingent upon the adoption

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and effectiveness of an ordinance approving General Plan Amendment No. GPA-001- 2025 and Zoning Map Amendment No. A-041-2025 by the Garden Grove City Council.

9. 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 -150-2025, Tentative Tract Map No. TT- 19336, Variance No. V-045-2025.

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EXHIBIT “A”

Site Plan No. SP-150-2025, Tentative Tract Map No. 19336, & Variance No.

V-045-2025

5802 Santa Catalina Avenue

CONDITIONS OF APPROVAL

General Conditions

1. The applicant and each owner of the property shall execute, and the applicant shall record a “Notice of Agreement with Conditions of Approval and Discretionary Permit of Approval,” as prepared by the City Attorney’s Office, on the property. Pr oof of such recordation is required within 30 days of the approval. The applicant understands and agrees that its agreement to adhere to and implement these Conditions of Approval is consideration for the City Council’s determination to approve General Pl an Amendment No.

GPA-001-2025 and Zoning Map Amendment No. A -041-2025 to change the land use designation and zoning of the subject site to facilitate the applicant’s proposed development project.

2. All Conditions of Approval set forth herein shall be binding on and enforceable against each of the following, and whenever used herein, the term “applicant” shall mean and refer to the project applicant, the owner(s) and tenant(s) of the property, and each of their respective successors and assigns, including all subsequent purchasers and/or tenants. The applicant and subsequent owner/operators of such business shall adhere to the conditions of approval for the life of the project, regardless of property ownership. Any changes of the conditions of approval require approval by the applicable City hearing body, except as otherwise provided herein.

3. Site Plan No. SP-150-2025 and Variance No. V-045-2025 only authorizes the development of twenty-six (26) attached townhomes, as depicted on the plans submitted by the applicant and made a part of the record of the February 20, 2025, Planning Commission proceedings and April 8 , 2025 City Council proceedings, subject to these Conditions of Approval. Tentative Tract Map No.

TT-19336 authorizes the creation of a one -lot subdivision for the purpose of selling each unit as condominium, as depicted on the tentative tract map submitted by the applicant and made a part of the record, of the February 20,

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2025, Planning Commission proceedings and April 8 , 2025 City Council proceedings, subject to these Conditions of Approval. Approval of this Plan, Tentative Tract Map, and Variance shall be contingent upon approval of General Plan Amendment No. GPA-001-2025 and Zoning Map Amendment No.

A-041-2025, and shall not be construed to mean any waiver of applicable and appropriate zoning and other regulations; and wherein not otherwise specified, all requirements of the City of Garden Grove Municipal Code shall apply.

4. Minor modifications to the approved Site Plan, and/or these Conditions of Approval may be approved by the Community Development Department Director, in his or her discretion. Proposed modifications to the approved project and/or these Conditions of Approval that would result in the intensification of the project, or create impacts that have not been previously addressed and which are determined by the Community Development Department Director not to be minor in nature shall be subject to approval of new and/or amended land use entitlements by the applicable City hearing body.

5. All conditions of approval shall be implemented at the applicant’s expense, except where specified in the individual condition.

Public Works Engineering Division

Project Design

6. A geotechnical study prepared by a registered geotechnical engineer must be submitted to the City and approved by the City Engineer prior to the issuance of grading or building permits. The report shall analyze the liquefaction potential of the site and m ake recommendations. The report shall analyze sub-surface issues related to the past uses of the site, including sub -surface tanks, basement, and septic facilities. Any soil or groundwater contamination shall be remediated prior to the issuance of a buil ding permit per the requirements of the Orange County Health Department and the mitigation requirements of governing regulatory requirements. The report shall make recommendations for foundations and pavement structural section design of interior streets and parking spaces. The report shall also test and analyze soil conditions for LID (Low Impact Development) principles and the implementation of water quality for storm water runoff, including potential infiltration alternatives, soil compaction, saturati on, permeability and groundwater levels. The applicant shall implement the recommendations identified in the geotechnical study / report.

7. Prior to the issuance of any grading or building permits, the applicant shall submit to the City for review and appro val a final design Water Quality Management Plan (WQMP) that:

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a. Addresses required mitigation Site Design Best Management Practices (BMPs) based upon the latest Santa Ana Regional Water Quality Control Board (SARWQCB) approved Drainage Area Management Plan (DAMP) as identified in the geotechnical report recommendations and findings, including, but not limited to, infiltration minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero disch arge” areas, and conserving natural areas as required by the latest adopted County of Orange Technical Guidance Document (TGD).

b. BMP’s shall be sized per the requirements of the latest Technical Guidance Documents.

c. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP.

d. Incorporates structural and Treatment Control BMPs as defined in the DAMP.

e. Generally describes the long -term operation and maintenance requirements for the Treatment Control BMPs.

f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs.

g. Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs.

h. Provides a hydrological analysis with scaled map as well as h ydrologic and hydraulic calculations to size storm drains per the Orange County RDMD standards.

8. Parkway culverts shall be designed per City of Garden Grove Standard Plan B-209. Storm drain lateral pipe connections to City -maintained storm drains within City rights-of-way shall be RCP, with a minimum diameter of 18-inches.

9. Grading plans prepared by a registered Civil Engineer are required. As required under Section 107 of the California Building Code (CBC), the grading plan shall be based on a current survey of the site, including a boundary survey, topography on adjacent pr operties up to thirty feet (30’ -0”) outside the boundary, and designed to preclude cross lot drainage. Minimum grades shall be 0.50% for concrete flow lines and 1.25% for asphalt. The grading plan shall also include water and sewer improvements. The grading plan shall include a coordinated utility plan showing all existing utility facilities, easements and

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proposed utility facilities. All onsite improvements shall be tied by horizontal dimensional control to the property boundary as established by surve y. A minimum uninterrupted twenty-foot (20’-0”) wide throat access to the site is required from the street for multiple-family residential projects and shall meet the requirements of the California Fire Code throughout the site. Vehicle maneuvering, as demonstrated by Auto Turn along private streets and access ways, shall be demonstrated on the grading plan. Street improvement plans shall conform to all format and design requirements of the City Standard Drawings & Specifications. All demolition and gradin g plans shall incorporate the mitigation measures set forth in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the project.

10. The precise grading plan for Tract Map No. 19336 must address any drainage that becomes trap ped by the wall separating the two parcels of Parcel Map 124-2024 as mixed flows within the condominium development if parcel 2 of PM 124-2024 does not address the condition along the wall, and as shown on the preliminary site plan for the Tract Map No. 19336.

11. Mixed flows will need to be included and addressed in the Narratives and the Operations and Maintenance section, including all designated calculations, of the Final Water Quality Management Plan.

12. All vehicular access drives to the site shall be prov ided in locations approved by the City Traffic Engineer. (Policies and Procedures – TE-17).

13. Any new drive approaches to the site shall be constructed in accordance with Garden Grove Standard B -121 as they conform to land use and roadway designation.

14. The grading plan shall depict an accessibility route from the exterior of all buildings and structures to the public street for the ADA pathway in conformance with the requirements of the Department of Justice standards, latest edition and section 1110A of the California Building Code.

15. The applicant shall coordinate with the Planning Services Division and Orange County Fire Authority to identify proper emergency vehicle access to the site, and shall provide the Engineering Division a copy of the approval letters upon first submittal of the grading and street improvement plans.

16. A final parcel map for Tentative Parcel Map No. PM-2024-124 must be completed, approved, and recorded prior to the final tract map for Tentative Tract Map No. 19336. Once the final parcel map is recorded, the applicant may proceed with submitting the final tract map. However, no grading or building permits will be issued by the City until the final tract map is approved by both County of Orange and the City.

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a. Prior to recordation of a final tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330, and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City in AutoCAD DWG format.

b. Prior to recordation of a final tract map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Su bdivision Code and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City in AutoCAD DWG format.

c. Prior to issuance of a grading permit, the applicant shall submit to the Engineering Division an updated title report along with copies of the recorded instruments listed in the title report, reference maps used to prepare legal description, and the plat for review and approval of the tract map.

d. All subdivision mapping shall be concurrently reviewed by the City Engineering Division and the County of Orange Survey Department. The applicant shall forward all plan check comments received from the County of Orange Survey Department to the City of Garden Grove’s Engineering Division upon receipt from the county.

17. The grading plan shall depict an accessibility route from the exterior of all buildings and structures to the public street for the ADA pathway in conformance with the requirements of the Department of Justice standards, latest edition, and Section 1110A of the California Building Code.

18. All trash container areas shall meet the following requirements per City of Garden Grove Standard B -502 and State mandated commercial organic recycling law, including AB 1826, SB 1383 and its implementing regulatio ns, any other applicable State recycling laws related to refuse, recyclables, and/or organics:

a. Potential conflicts with fire code access requirements and garbage pickup routing for access activities shall be considered in implementation of design and source control. See CASQA Storm Water Handbook Section 3.2.9 and BMP Fact Sheet SD 32 for additional information.

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b. Pursuant to State mandated commercial organic recycling law, including AB 1826 and SB 1383 and its implementing regulations, the applicant is required to coordinate storage and removal of the organics waste with local recycling/trash company.

c. Paved with an impervious surface, designed not to allow run-on mixing of drainage from adjoining areas, designed to divert drainage from adjoining roofs and pavements to be directed around the area for trash roll out, and screened or walled to prevent off-site transport of trash by water or wind.

d. Provide solid roof or awning to prevent direct precipitation into the enclosure.

e. Connection of trash area drains to the municipal storm drain system is prohibited.

f. The trash enclosure and containers shall be located to allow pick-up and maneuvering, including turnarounds, in the area of enclosures, and concrete aprons for roll-out areas.

g. Pursuant to applicable state mandated laws, the applicant is required to contact and coordinate with the operations manager of the local recycling/trash company (Republic Services, 800 -700-8610) to ensure the trash enclosure includes the appropriat e size and number of containers for the disposal of items such as, but may not limited to, municipal solid waste (MSW), recyclables, and organic green waste.

h. Based on the amount of waste disposed, per week, the applicant shall coordinate with the local r ecycling/trash company to ensure the adequate frequency of trash pick-up is serviced to the site for municipal solid waste (MSW), recyclables, and organic green waste, including any other type of waste.

i. The applicant shall ensure large bulk items, intended for coordinated and scheduled pick -up by the local recycling/trash company, are not placed in areas that encroach into drive aisles, parking spaces, pedestrian pathways, or areas in the front of the property including areas public right -of-way (e. g., street, sidewalk), during and after construction. Any large bulk items shall be out of public vantage points.

j. The requirements for the trash enclosure and design criteria are bound and coordinated with the Water Quality Management Plan (WQMP), when required, as depicted on the project grading plan, which shall be

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incorporated into the WQMP by narrative description, exhibits and an Operation and Maintenance Plan (O&M).

19. Any new or required block walls and/or retaining walls shall be shown on the grading plans, both in plan-view and cross sections. Cross sections shall show vertical and horizontal relations of improvements (existing and proposed) on both sides of property lines. Required wall heights shall be measured vertically from the highest adjacent finished grade. Block walls shall be designed in accordance to City of Garden Grove Standard B -504, B-505, B-506, and B - 508, or designed by a professional registered engineer. In addition, the following shall apply:

a. The color and material of all proposed block walls, columns, and wrought iron fencing shall be approved by the Planning Services Division prior to installation.

b. Openings for drainage through walls shall be shown in section details and approved by the City Engineer. Cross-lot drainage is not allowed.

20. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, access gate, pavement sections, tree well and landscaping, and construct frontage improvements on Santa Barbara Avenue as identified be low. All landscape, irrigation, sidewalk, and lighting improvements installed within the public rights -of-way shall require the approval of the City Engineer, Public Works Street Division, and Planning Services Division and shall be maintained by the appli cant (and/or homeowner’s association, once formed) for the life of the project.

a. Existing substandard driveways on Santa Barbara Avenue shall be removed and replaced with new curb, gutter, and sidewalk per City standards and specifications.

b. Existing subst andard driveways on Santa Barbara Avenue shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.

c. The new driveway approaches to the site on Santa Barbara Avenue shall be constructed in accordance with Garden Grove Standard B-121.

d. The applicant shall install red curb near driveway approaches on Santa Barbara Avenue per approved site plan, SP-124-2024.

e. The applicant shall verify the placement limits of removal and replacement sidewalk concrete panels with public works inspector prior

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to start of construction on Santa Barbara Avenue per City of Garden Grove Standard B-105.

f. The applicant shall construct curb and gutter when replacing any existing driveway approach along the property frontage on Santa Barbara Avenue in accordance with City Standard Plan B-114.

g. The new tree wells fronting the project on Santa Barbara Avenue shall be constructed in accordance with Garden Grove Standard B -123 and B-127.

h. The applicant shall plant total of seven Keith Davey Chinese Pistache (36-inch box), per the approved preliminary landscape plans. The applicant shall coordinate with City’s public works division prior to order and placement of trees on Santa Barbara Avenue.

i. The applicant shall cold mill (grind) existing asphalt pavement 3 -inch uniform depth and replace with 3 -inches of fiber reinforced asphalt surface course from the edge of westerly gutter to the center line of Santa Barbara Avenue & Bailey Street fronting the project per City specification and the direction of the City Engineer.

j. The applicant shall locate all existing public utilities across the property frontage and withi n the property boundary of the project prior to commencement of grading operation and mobilization.

k. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within public right of way and proposed landscape area.

l. Street signs shall be installed as required and approved by the City Traffic Engineer.

21. Any proposed new landscaping in public right of way shall be approved by Planning Services and maintained by the applicant and/or hom eowner’s association for the life of the project.

22. Driveway widths shall be in accordance with City’s Traffic Engineering Policy TE-8 (Driveway Opening Policy).

23. Sight Distance Standards shall be in accordance with City’s Traffic Policy & Procedures TE-13. All structures and walls shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas.

No structure, wall or fence shall cause an exceedance of the applicable site distance standards set forth in City Traffic Engineering Policy TE-13.

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24. The Site Plan shall comply with the completed Development Review and Comment Sheet prepared pursuant to the City’s Traffic Policy & Procedures TE-17 and provided to the applicant.

25. Private Property Tow Away Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-19.

26. No Parking Fire Lane Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-20.

27. Parking lot layout shall be in accordance with City Standard B-311.

28. Off-street parking requirements for residential uses shall be in accordance with the parking provisions in Chapter 9.12 of the Garden Grove Municipal Code and the City of Garden Grove’s Traffic Policies and Procedures TE -17 Development Review and Comments Sheet.

29. A minimum five-foot-by-five-foot-wide maneuvering area shall be provided at the end of a dead -end parking aisle and shall consists of a ten -foot-by- nineteen-foot-wide turnaround space.

30. Demolition of the existing ancillary building and parking lot improvement s to construct the proposed residential project, and construction of the block wall between the two new parcels, may necessitate certain grading and drainage improvements and will require parking lot improvements and restriping on the new 1.29-acre parcel (Parcel 2) to ensure compliance with applicable City and State requirements. Following implementation of the proposed Project, the parking lot in Parcel 2 shall be improved to contain a minimum of 59 parking spaces. The applicant shall submit to the Planning Division and Engineering Department for review and approval grading and Street improvement plans prepared by a registered Civil Engineer, illustrating all site improvements proposed on the residential 1.73 acre parcel (Parcel 1) and the 1.29 acre parcel (Parcel 2) currently improved with a religious facility. All site improvements proposed on the 1.29 acre parcel improved with the religious facility (Parcel 2) shall be fully completed prior to the issuance of certificate of occupancy for Units 21 through 26 of Building 1 of the residential development proposed on the 1.73 acre parcel (Parcel 1).

Permit Issuance

31. The applicant shall be subject to Traffic Mitigation Fees, In -Lieu Park Fees, Drainage Facilities Fees, Water Assessment Fees, and other applicable mitigation fees identified in Chapter 9.44 of the Garden Grove Municipal Code and Garden Grove Council Resol ution No. 9401 -01 (or successor

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Resolution(s)), along with all other applicable fees duly adopted by the City.

Unless otherwise provided pursuant the Garden Grove Municipal Code or State law, the amount of said fees shall be calculated based on the City’s current fee schedule at the time of permit issuance.

32. A separate street permit is required for work performed within the public right-of-way.

33. Grading fees shall be calculated based on the current fee at the time of permit issuance.

34. The applicant shall identify a temporary parking site(s) for construction crew and construction trailers office staff prior to issuance of a grading permit. No construction parking is allowed on local streets. Construction vehicles should be parked off traveled roadways in a designated parking area. Parking areas, whether onsite or offsite, shall be included and covered by the erosion control plans.

35. Prior to issuance of a grading permit, the applicant shall submit and obtain approval of a worksite traffic control plan for all the proposed improvements within public right of way, which shall be subject to the review and approval of the City Traffic Engineer. Construction vehicles should be parked off traveled roadways in a designated parking area. Parking areas, whether onsi te or offsite, shall be included and covered by the erosion control plans. Parking areas, whether onsite or offsite, shall be included and covered by the erosion control plans and the Storm Water Pollution Prevention Plan (SWPPP).

36. Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of one acre or more of land, the applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Cons truction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. The assigned WDID number must appear on the cover sheet of the project grading plan.

Project Construction/Operation

37. The applicant shall coordinate with City’s Public Works Department (engineering, water services and streets division) and setup appointments for preconstruction inspections for all the onsite and offsite improvements prior to commencement of grading operation and mobilization.

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38. In accordance with the Orange County Storm Water Program manual, the applicant and/or its contractors shall provide dumpsters onsite during construction, unless an Encroachm ent Permit is obtained for placement in street.

39. The applicant and his contractor shall be responsible for protecting all existing horizontal and vertical survey controls, monuments, ties (centerline and corner) and benchmarks located within the limits of the project. If any of the above require removal; relocation or resetting, the Contractor shall, prior to any construction work, and under the supervision of a California-licensed Land Surveyor, establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and bench marks disturbed during construction shall be reset per Orange County Surveyor Standards after construction. The applicant and their contractor shall also re-set the t ie monuments where curb or curb ramps are removed, and replaced or new ramps are installed. The Applicant and their contractor shall be liable for, at their expense, any resurvey required due to their negligence in protecting existing ties, monuments, ben chmarks, or any such horizontal and vertical controls. Temporary Benchmarks shall not be used for Vertical control. Benchmarks shall be to the National Geodetic Vertical Datum (NGVD).

40. 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.

41. Prior to grading or building permit closeout and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall:

a. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.

b. Demonstrate that the applicant is prepared to implement and maintain all non-structural BMPs described in the Project WQMP.

c. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.

d. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.

e. Submit copies of the latest Townhome Plans for coordination of design elements for drainage, access and utilities relation to proposed air space layouts and locations.

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f. CC&R’s shall be submitted to the Engin eering Division for concurrent review and coordination with the design plans for all improvements, including their maintenance, required easements, and processing of design changes proposed by owners and associations encumbered by the CC&R’s.

Water Services Division

42. New water service installations 2” and smaller, may be installed by the City of Garden Grove at owner’s/developer’s expense. Installation shall be scheduled upon payment of applicable fees, unless otherwise noted. Fire services and larger water services 3” and larger, shall be installed by developer/owner’s contractor per City Standards.

43. Water meters shall be located within the City right-of-way or within dedicated waterline easement. Fire services and large water services 3” and larger, shall be installed by contractor with class A or C-34 license, per City water standards and inspected by approved Public Works inspection.

44. A Reduced Pressure Principle Device (RPPD) backflow prevention device may be required for meter protection, should a large meter be proposed for multiple units. The landscape system shall also have RPPD device. Cross connection inspector shall be notified for inspection after the installation is completed.

Owner shall have RPPD device tested once a year thereafter by a certified backflow device tester and the test results to be submitted to Public Works, Water Services Division. Property owner must open a water account upon installation of RPPD device.

45. It shall be the responsibility of the applicant to abandon any existing private water well(s) per Orange County Health Department requirements.

Abandonment(s) shall be inspected by Orange County Health Department inspector after permits have been obtained.

46. A composite utility site plan shall be included in the grad ing plan set, which shall be submitted to both the Engineering Division and Water Services Division for review and approval.

47. Water system within private streets shall be constructed per City Standards by developer and dedicated to the City. Bonding will be required.

48. There shall be a minimum 15 foot clearance of building footings from water main. Clearances less than 15 feet shall be reviewed and approved by Water Engineering.

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49. There shall be no structures or utilities built on or crossing water or sewer main easements.

50. New utilities shall have a minimum 5 foot horizontal and a minimum 1 foot vertical clearance from water main and appurtenances.

51. There shall be a minimum clearance from sewer main and water main of 10 feet from outside of pipe to outside of pipe.

52. Any new or existing water valve located within new concrete driveway or sidewalk construction shall be reconstructed per City Standard B-753.

53. If fire sprinkler system is required, and individual water meters and services are proposed off public water main, meters and services shall be installed per City Standard B -719, which specifies a residential fire sprinkler connection (RFSC) on the backside of the meter. The Fire Sprinkler System design shall be a Passive Purge type system.

54. Should a large water meter in the right-of way with a private water main onsite be proposed, and the units are required to have fire sprinkler system, a separate fire service with above ground DCDA device will be required.

55. Any fire service and private fire hydrant lateral shall have above ground backflow device with a double check valve assembly. Device shall be tested immediately after installation and once a year thereafter by a certified backflow device tester and the results to be submitted to Public Works, Water Services Division. Device shall be on private property and is the responsibility of the property owner and/or homeowner’s association. The above ground assembly shall be screened from public view as required by the Planning Division.

56. If applicable, w ater meters and boxes shall be installed by City forces upon payment of applicable fees and after new water system (including water services) pass all bacteriological and pressure tests.

57. No permanent structures, trees or deep -rooted plants shall be placed over sewer main or water main.

58. Location and number of fire hydrants shall be as required by Water Services Division and the Orange County Fire Authority (OCFA).

SEWER CONDITIONS OF APPROVAL

59. Applicant shall abandon any existing unused sewer lateral(s) a t street right-of-way on the property owner’s side. The sewer pipe shall be capped with

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an expansion sewer plug and encased in concrete. Only one sewer connection per lot is allowed.

60. Applicant shall install new private sewer main with clean out at right -of-way line and laterals on -site. The sewer main connection in public right -of-way shall be 6” min. dia., extra strength VCP with wedgelock joints and inspected by Garden Grove Sanitary District (GGSD). All on site sewer and appurtenances to be installed per the California Plumbing Code and inspected by the Building Service Division.

61. All perpendicular crossings of the sewer, including laterals, shall maintain a vertical separation of min. 12” below the water main, outer diameter to outer diameter. All exceptions to the above require a variance from the State Water Resources Control Board.

62. If water main is exposed during installation of sewer lateral, a 20 ft section of the water main shall be replaced with 20ft PVC C -900 DR-14 class 305 water pipe, size in kind and centered at the crossing.

Orange County Fire Authority

63. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements, including but not limited to OCFA Guideline B -01 (Fire Master Plans for Commercial and Residential Development) and the OCFA approved Fire Master Plan for the project.

Building and Safety Division

64. Terms and Conditions of the Covenants, Conditions, and Restrictions (CC&Rs) shall be incorporated onto the construction plans for reference on how common areas, drainage, site improvements, access and maintenance will affect units.

65. All work shall comply with the latest edition of the California (CA) Building Standards Code (CBC) at time of permit application.

66. Development will be subject to 11 -A CBC access regulations for multi -family housing.

67. Applicant shall provide EVCS parking per CalGreen Chapter 4 and Chapter 5.

68. Project will be subject to plan review and show compliance with all applicable regulations, codes and ordinances.

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69. Applicant w ill be responsible for confirming utility availability due to T -24 Energy Regulations for providing a minimum of 200 amp service with 225 amp bus rating if applicable per 150.0(S) C.E.C.

Planning Services Division

70. The applicant shall submit detailed plans showing the proposed location of utilities and mechanical equipment to the Community Development Department, Planning Services Division for review and approval prior to submitting plans into the Building and Safety Division Plan Check process. The project shall also be subject to the following:

a. Above-ground utility equipment (e.g. electrical, gas, telephone, cable TV) shall not be located in the street setback, within the common areas, or any parking areas, and such equipment shall be screened by densely planted and maintained landscaped hedges or a fence or wall. Ground- mounted equipment shall not exceed the maximum allowable height for a wall, fence, or hedge.

b. Roof-mounted mechanical equipment shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.

c. No exterior piping, plumbing, or mechanical ductwork shall be permitted on any exterior façade and/or be visible from any public right-of-way or adjoining property. Roof rain gutters are permitted. The rain gutters shall follow the natural architecture lines of the building.

71. Street-facing perimet er block walls, whether new or existing, shall be decorative and utilize stucco finish, slump stone or split -face block, and shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti.

72. All landscaping shall be consistent with the landscape requirements of Title 9 of the Municipal Code. The applicant shall submit a complete landscape plan governing the entire development. The landscape irrigation plans shall include type, size, location and quantity of all plant material. The landscape plan shall include irrigation plans and staking and planting specifications. All landscape irrigation shall comply with the City’s Landscape Ordinance and associated Water Efficiency Guidelines. Th e landscape plan is also subject to the following:

a. A complete, permanent, automatic remote control irrigation system shall be provided for all landscaping areas shown on the plan. The

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sprinklers shall be of drip or micro -spray system sprinkler heads for water conservation.

b. Forty percent (40%) of the trees on the site shall consist of minimum size 24 -inch box, and the remaining 60 percent (60%) shall be of minimum size 15 gallons. These trees shall be incorporated into the landscaped frontages of all streets. Where clinging vines are considered for covering walls, drought-tolerant species shall be used.

c. All landscape areas, including the areas located within the public rights-of-ways along Santa Barbara Avenue that abuts the subject property, are the responsibility of the applicant/property owner(s) and/or homeowner’s association.

d. Trees planted within ten feet (10'-0”) of any public right-of-way shall be planted in a root barrier shie ld. All landscaping along street frontages adjacent to driveways shall be of the low -height variety to ensure safe sight clearance. All trees planted on the subject property, whether for screening the project from the neighboring lots or for aesthetic or selling/marketing purposes, shall have an irrigation system installed in order maintain the trees.

e. All trees shall be double-staked in accordance with City standards.

f. Enhanced landscape treatment shall be provided in the five-foot (5’-0”) wide site per imeter setback between the block wall and the street frontage property line. The enhanced landscaping within this area shall include trees, shrubs, vines, and flowering ground covers and turf in a hierarchical design order.

g. The landscape treatment along the street frontage, including the area designated as public right-of-way, shall incorporate the landscape area between the sidewalk and the development wall with ground cover, shrubs and bushes, and trees that highlight the project’s entrance as well as enhance the exterior appearance along Santa Barbara Avenue.

The plant material for the entrance shall be the type to inhibit graffiti such as vines and dense growing shrubs and bushes, and shall be maintained.

h. Clinging vines shall be installed within the landscape planters along the perimeter block walls to deter graffiti.

i. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.

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j. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants, but not more than 30% of the groundcover area shall have the mulch substitute.

k. Groundcover pl ants shall be planted at a density and spacing necessary for them to become well established and provide surface coverage within 18 months of planting.

l. The landscape plan shall incorporate and maintain for the life of the project those means and methods t o address water run -off also identified as Low Impact Development provisions, which address water run-off. This is to also to be inclusive of any application of Water Quality Management Plans (WQMP), Drainage Area Management Plans (DAMP) and any other wat er conservation measures applicable to this type of development.

m. The irrigation system shall comply with all applicable provisions of the City’s Water Conservation Ordinance, the City’s Municipal Code landscape provisions, and all applicable state regulations.

n. All above -ground utilities (e.g. water backflow devices, electrical transformers, irrigation equipment) shall be shown on the landscaping plan in order to ensure proper landscape screening will be provided.

73. 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.

74. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust) th at includes dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, and the use methanol, natural gas, propane or butane vehicles instead of gasoline or diesel powered equipment, where feasible . Also, use of solar, low emission water heaters, and low sodium parking lot lights, shall be required to ensure compliance with Title 24.

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Resolution No. XXXX-25

75. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the City A ttorney's office and Community Development Department prior to the issuance of building permits. Unless otherwise approved by the Community Development Director and City Attorney, The approved CC&R’s shall be recorded at the same time that the subdivision map is recorded and two copies (a hard copy and an electronic copy) of the recorded CC&R’s shall be provided to the Planning Services Division. The CC&R's shall include the following stipulations and/or provisions:

a. All units shall maintain the ability to park two cars within the garages at all times. Unless otherwise permitted by State Law, garages shall not be converted to any other use.

b. There shall be no business activities, day care, or garage sales conducted within or from the garages.

c. Parking spaces in the garages shall be made available to the occupants of the unit at all times.

d. Residents shall not park or store vehicles anywhere on the site except within the designated parking spaces in the garages and/or private driveways for their dwelling unit. However, the two (2) unassigned, open guest parking spaces may be utilized by residents or guests for temporary parking. Any issues arising from the use, application, or restriction of such open parking spaces shall be at the resolve of the Homeowner’s Association.

e. All graffiti vandalism shall be abated within the premises. Best management practices shall be implemented to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, ti mely removal of all graffiti, the use of graffiti resistant coatings and surfaces, the installation of vegetation screening of frequent graffiti sites, and the installation of signage, lighting, and/or security cameras, an necessary. Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.

f. Each residence shall be utilized as one (1) dwelling unit. No portion of any residence shall be utilized or rented as a separate dwelling unit.

g. The CC&R’s shall include provisions providing the owners or tenants a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters for a development of this type.

This shall also include scheduling of maintenance of such items as the

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recreation area(s), landscape area maintenance, etc. This also includes ensuring tree overhangs do not block or hinder any vehicles such as street sweepers, trash trucks, fire trucks, etc., from maneuvering around the site.

h. Storage of boats, recreational vehicles, or commercial vehicles on the property is prohibited.

i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, common landscaped areas, and open space ar eas within the interior of the development, and the landscape setback areas outside the development walls adjacent to Santa Barbara Avenue is the responsibility of the Homeowner’s Association.

j. Each unit shall have and maintain a minimum of 120 cubic feet of storage space, which may be provided in the garage parking areas, and typical closet space within the unit shall not count toward satisfying this requirement.

k. All recreation areas, landscaping along the front and side yards of each unit, the project site entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained for the life of the project, and maintenance provisions approved by the City shall be included in the CC&R’s.

l. The common recreation areas, as identified on the approved site plan, shall be equipped with barbecues, outdoor dining tables, and other amenities consistent with the approved site plan and Garden Grove Municipal Code for the life of the project, and all such amenities shall be subject to review by the Planning Services Division, and Building and Safety Division.

m. There shall be no parking allowed along the private street, except within the designated parking areas. All curbs not designated as parking areas shall be painted red. The applicant shall post “No Parking” signs along the drive aisle.

n. The maintenance of the private street, storm drains, sewer system, and open space areas is the responsibility of the applicant and property owner(s) and/or Homeowner’s Association, i ncluding the common recreation areas, and the common landscape areas.

o. The Conditions of Approval for Site Plan No. SP-150-2025, Tentative Tract Map No. TT -19336, and Variance No. V -045-2025 shall be

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incorporated into the CC&Rs, and provisions correspondin g to any applicable Conditions of Approval shall be included in the CC&Rs.

p. The following provisions shall be included within the CC&R’s (in substantially the same form as below or as otherwise approved by the City Attorney):

i. Compliance with Stormwater Qu ality Regulations . The Homeowner's Association shall implement, and fund
implementation of, the Operation and Maintenance (“O&M”) Plan for the Property, which was approved by the City as part of the Water Quality Management Plan (“WQMP”) required for
development of the Property, and shall operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan for the Property, which includes:

a. Description of all post -construction BMPs (non -structural and structural),

b. Description of the Property owner’s(s’) responsibilities and required training of persons performing BMP
implementation, operation and maintenance,

c. Implementation frequency and operating schedule,

d. Inspection/maintenance frequency and schedule,
e. Specific maintenance activities,

f. Required permits from resource agencies, if any,

g. Forms to be used in documenting implementation,
operation and maintenance activities,

h. Recordkeeping requirements.

A copy of the approved O&M Plan is described in the current WQMP for the Project, as it may be amended from time to time according to its terms, which is on file with the City of Garden Grove Community Development Department, and is incorporated herein by this reference. The Committee shall maintain a copy of the current WQMP at a location on the Property.

The Property shall be, and the Homeowner's Association shall ensure that the Property is used and maintained in full compliance with the provisions of the O&M Plan and Chapter 6.40

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Resolution No. XXXX-25

(Stormwater Quality) of the Garden Grove Municipal Code, as it may be amended. The City shall have the right to inspect the Property for the purpose of verifying compliance with this provision. The City of Garden Grove shall be an intended third - party beneficiary to this provision. The City shall have the right and authority, but not the obligation, to enforce this provision by any legal or equitable means, or by any method available to the Property owners as provided elsewhere in the Declaration, against the Declarant, Homeowner's A ssociation, Owners, their successors and assigns, or other persons in possession of the Property. This provision shall not be amended or terminated without the written approval of the City of Garden Grove Community Development Department.

ii. Enforcement: The City is hereby made a party to this Declaration solely for purposes of enforcing its provisions and the Conditions of Approval of Site Plan No. SP-150-2025, Tentative Tract Map No.

TT-19336, and Variance No. V -045-2025. The City, its agents, departments and employees shall have the unrestricted right and authority, but not the obligation, to enforce the provisions of this Declaration and the Conditions of Approval of Site Plan No.

SP-150-2025, Tentative Tract Map No. TT -19336, and Variance No. V-045-2025. In the enforcement of this Declaration, the City shall not be limited to the procedures or processes described in this Declaration and may use any remedy provided under law or equity, including the City’s Municipal Code. The City, its agents, departments and employees may further refuse to issue any building, electrical or plumbing permit that may be in violation of these Declarations or General Plan Amendment No.

GPA-001-2025, Zoning Map Amendment No. A -041-2025, Site Plan No. SP -150-2025, Tentative T ract Map No. TT -19336, Variance No. V -045-2025, and Conditional Use Permit No.

CUP-119-60 (Rev. 2025) approvals. However, the City shall not be liable for failing or refusing to enforce the provisions of these Declarations or the Conditions of Approval of Site Plan No.

SP-150-2025, Tentative Tract Map No. TT -19336, and Variance No. V-041-2025. The alternative dispute resolution provisions set forth in Section / Article [SECTION] of this Declaration shall not apply to or legally bind the City.

iii. Assessments: The City may levy special assessments against the properties in connection with its actions to enforce the conditions of this Declaration or General Plan Amendment No.

GPA-001-2025, Zoning Map Amendment No. A -041-2025, Site Plan No. SP -150-2025, Tentativ e Tract Map No. TT -19336,

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Variance No. V -045-2025, and Conditional Use Permit No.

CUP-119-60 (Rev. 2025) approvals, or to abate the violation thereof. The City shall have the same power as the Association to levy special assessments pursuant to the provi sions of [SECTION] of this Declaration in the event that it incurs expenses in the enforcement of the conditions of these Declarations or Site Plan No. SP-150-2025, Tentative Tract Map No. TT -19336, and Variance No. V-045-2025 approvals. Notice of intention to make such assessment shall be mailed by the City to the Owner of each affected [LOT/UNIT] affording the Owner thirty (30) days’ notice to satisfy or reimburse the City’s expenditure. In the event of the failure of any Owner of any affected [LOT/UNIT] to reimburse the City within thirty (30) days, notice of such assessment shall be mailed by the City to said Owner, and said assessment shall thereafter be due as a separate debt to the City within thirty (30) days following the mailing of such notice. Any such delinquent assessment may be and may become a lien upon the interest of the defaulting Owner in the [LOT/UNIT] upon the execution by the City and the recording in the Orange County Recorder’s office of a notice of delinquent assessment under the s ame conditions that the Association could record the same pursuant to the provisions of [SECTION]. The City may foreclose on such notice of delinquent assessment in the same manner and with the same power as the Association could foreclose on such notice pursuant to the provisions of [SECTION]. It is the intent of Declarant, which intent shall be binding upon all of Declarant’s successors in interest in the Properties, that the City shall be deemed an interest holder pursuant to the provisions of these Declarations in order to enforce the rights which have been given to the City generally in these Declarations and specifically pursuant to this Section.

iv. Attorney Fees: The City shall be entitled to recover its attorney’s fees incurred in connection with its actions to enforce the conditions of these Declarations or General Plan Amendment No.

GPA-001-2025, Zoning Map Amendment No. A -041-2025, Site Plan No. SP -150-2025, Tentative Tract Map No. TT -19336, Variance No. V -045-2025, and Conditional Use Permit No.

CUP-119-60 (Rev. 2025) approvals, or to abate the violation thereof.

v. Public Safety Access : Police, Fire, and other public safety personnel may enter upon any part of the common area for the purpose of enforcing State and Local laws.

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vi. Modification/Termination: This Declaration shall not be terminated or substantially amended without the prior written approval of the City of Garden Grove Community Development Director.

76. Each unit shall be provided with washer and dryer hook-ups.

77. Each unit shall be provided with an air conditioning condensing unit and/or system so that there are no wall-mounted, or window mounted units. If units are located on the roof, an architectural design of the roof areas shall be done to effectively screen such units from adjacent properties and the public right-of-way.

78. Mailboxes shall be provided and installed by the applicant. The local postmaster shall approve the design and location.

79. Should the applicant elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community Development Department prior to releasing units for model purposes. The phasing plan shall include, but not be limited to, a site plan showing the phasing areas, protection of finished units, and protection for related safety issues concerning pedestrians and non -construction vehicles. The perimeter improvements including landscaping, walls, street improvements, and underground utilities, shall be completed in the first phase. The phasing plan shall be approved by the Community Development Department, OCFA, and Public Works Department prior to issuance of building permits. Notwithstanding if the applicant elects to construct the Project in phases, the applicant shall record a single final map, not multi ple phased final maps, and the CC&Rs shall apply to the entire property covered by the Tentative Tract Map at the time of recordation.

80. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the Planning Services Division. Lighting adjacent to residential properties shall be restricted to low decorative type wall -mounted lights, or a ground lighting system.

Lighting shall be provided throughout all private drive aisles and entrances to the development per City standards for street lighting. Lighting in the common areas shall be directed, positioned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby residences.

81. All units shall be equipped with a minimum of three cubic feet of space for the collection and storage of refuse, organic material, and recyclable material.

82. Decorative stamped concrete or pavers shall be provided within the front ten feet (10’-0”) for the driveway along Santa Barbara Avenue. The final design

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and configuration shall be shown on the final site plan, grading plan, and landscape plans.

83. Second-story windows, on side and rear building sides shall be located to avoid direct views from those wi ndows, balconies, and decks into any immediately opposite windows and private recreation areas of residential dwelling units on adjacent properties. Where second -story windows are oriented toward an adjacent property’s private recreation area, one or more of the following measures shall be provided:

a. High-windows with a minimum sill height of six feet (6’-0”), as measured from the finished floor.

b. View-obscuring treatment such as wing walls.

c. Obscure, opaque, or frosted fixed (non-slider) windows.

d. A row of screening/canopy trees evenly spaced shall be placed along the property line(s), which shall be of a minimum height that blocks any direct views. Screening/canopy trees shall be maintained in perpetuity.

84. All new block walls, and/or retaining wall(s), inc luding existing block walls to remain, if any, shall be shown on the grading plans. Block walls shall be developed to City Standards or designed by a Registered Engineer and shall be measured from on -site finished grade. The applicant shall provide the following:

a. Decorative masonry walls are required along the north, south, east, and west property lines and shall be constructed to a minimum height of 6’-0”, up to a maximum of 7’ -0”, as measured from highest point of finished grade. Whether new or existing, the block walls shall be decorative and utilize stucco finish, slump stone, decorative CMU, or split-face block. Street -facing perimeter walls shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti.

b. The applicant shall work with the existing property owners along the project perimeter in designing and constructing the required perimeter block walls. This requirement is to avoid having double -walls and minimize any impact that it might cause to the existing landscaping on the neighbor’s side as much as possible. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the applicant cannot obtain approval from the property owners, the applicant shall construct the new wall with a decorative cap to be placed between the new and existing walls. In the event the

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location of a new wall adjacent to an existing wall or fence has the potential to affect the landscape planter, then the applicant shall work with City Staff to address this situation. The Community Development Director shall be authorized to approve minor alterations the size and/or location of the landscape planter to accommodate the placement of such wall.

85. During construction, if paleontological or archaeological resources are found, all attempts will be made to preserve in place or leave in an undisturbed state in compliance with applicable law. In the event that fossil specimens or cultural resources are encountered on the site during construction and cannot be preserved in place, the applicant shall contact and retain, at applicant’s expense, a qualified paleontologist or archaeologist, as applicable, acceptable to the City to evaluate and determine appropriate treatment for the specimen or resource, and work in the vicinity of the discovery shall halt until appropriate assessment and treatment of the speci men or resource is determined by the paleontologist or archeologist (work can continue elsewhere on the project site). Any mitigation, monitoring, collection, and specimen/resource treatment measures recommended by the paleontologist/archaeologist shall be implemented by the applicant at its own cost.

86. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code, which require the protection of active nests of all bird species , prior to the removal of any on-site landscaping, including the removal of existing trees.

87. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with approval of General Plan Amendment No.

GPA-001-2025, Zoning Map Amendment No. A -041-2025, Site Plan No.

SP-150-2025, Tentative Tract Map No. TT -19336, Variance No. V -045-2025, and Conditional Use Permit No. CUP-119-60 (REV. 2025) shall be implemented.

In addition, the project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Council as part of the Mitigated Negative Declaration. In order to assist the City to verify that all required project mitigation measures and project design features are complied with in a timely manner, a project -specific mitigation-monitoring program for monitoring all applicable project -related mitigation measures shall be prepared by the developer/applicant and approved by the Planning Services Division prior to issuance of building permits. Said m itigation monitoring program shall be implemented during project construction through completion. The developer/applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.

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88. Final Tract Map No. T-19336 shall be approved by the City and recorded by the applicant prior to issuance of any grading and/or building permits for the proposed development.

89. The applicant shall submit a signed letter acknowledging receipt of the decision approving Site Plan No. SP-150-2025, Tentative Tract Map No. TT-19336, and Variance No. V-045-2025 and his/her/its agreement with all conditions of the approval within 30 days of approval.

90. The applicant shall, as a condition of Project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning General Plan Amendment No. GPA -001-2025, Zoning Map Amendment No. A-041-2025, Site Plan No. SP-150-2025, Tentative Tract Map No. TT-19336, and Variance No. V-045-2025. The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award, which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.

91. In accordance with Garden Grove Municipal Code Sections 9.32.160 and

9.40.070.A, respectively, the rights granted pursuant to Site Plan No. SP-150- 2025, Tentative Tract Map No. TT-19336, and Variance No. V-045-2025 shall be valid for a period of two years from the effective date of the ordinance approving General Plan Amendment No. GPA -001-2025 and Zoning Map Amendment No. A-041-2025. Unless a time extension is granted pursuant to Section 9.32.030.D.9 of the Municipal Code, the rights conferred by Site Plan No. SP-150-2025, and Variance No. V-045-2025 shall become null and void if the subject development and construction necessary and incidental thereto is not commenced within two (2) years of the expiration of the appeal period and thereafter diligently advanced until completion of the project. In th e event construction of the project is commenced but not diligently advanced until completion, the rights granted pursuant to Site Plan No. SP -150-2025, and Variance No. V-045-2025 shall expire if the building permits for the project expire.

92. Prior to issu ance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the

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project. The sign shall include the name and address of the development, and the developer’s name, address, and a 24-hour emergency telephone number.

93. The Conditions of Approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d ), these Conditions of Approval constitute written notice of the amount of such fees.

The applicant is hereby notified that the 90 -day protest period, commencing from the effective date of approval of Site Plan No. SP -150-2025, Tentative Tract Map No. TT-19336, and Variance No. V-045-2025 has begun.