GARDEN GROVE CITY COUNCIL
RESOLUTION NO.__________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING CONDITIONAL USE PERMIT NO. CUP-119-60 (REV. 2025) TO MODIFY CONDITIONAL USE PERMIT NO. CUP -119-60 (REV. 2023) FOR AN EXISTING RELIGIOUS FACILITY , LOCATED AT 5802 SANTA CATALINA AVENUE IN THE R-1 (SINGLE-FAMILY RESIDENTIAL ) ZONE , 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 , AND REVOKING CUP- 119-60 AND REPLACING IT WITH CONDITIONAL USE PERMIT NO. CUP-116-60 (REV. 2025)
WHEREAS, Neal Pafford, on behalf of Brandywine Homes, the applicant, submitted a request to rezone and subdivide an existing 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, on a property; 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 Amendmen t 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 wi th 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, following a public hearing held on February 20, 2025, the 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 Garden Grove City Council
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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, (v) Resolution No. 6106-25 recommending the Garden Grove City Council approve Conditional Use Permit No. 119-60 (REV. 2025); 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, 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 a Resolution adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, and adopted Resolutions contingently approving (i) _____ General Plan Amendment No. GPA-001-2025, (ii) _____ Tentative Parcel Map No. PM -2024-124, (iii), and ______Site Plan No. SP-150-2025, Variance No. V-045-2025, and Tentative Tract Map No. TT-19336; 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.
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. The City Council of the City of Garden Grove hereby makes the f ollowing findings regarding the Conditional Use Permit No. CUP-119-60 (REV. 2025):
a. The proposed use will be consistent with the City’s adopted General Plan.
The portion of the P roperty on which the religious facility will be located will continue to have a General Plan Land Use Designation of Low Density Residential (LDR), and be zoned R-1 (Single-Family Residential). The R -1 zoning district implements the LDR Land Use designation, and churches and other religious facilities are a conditionally permitted use in the R-1 zone.
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In particular, the subject proposal is consistent with the following General Plan goals, policies, and implementation measures, including specifically:
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) f or-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 aisles, guest parking areas, the common recreation area, and street f rontage 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.
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 d esignation 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.
In addition, the subject site has been used as a church site since the 1960’s, and the existing the 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 well as contribute to meeting the City’s Regional Housing Needs Allocation (RHNA).
b. The requested use at the location proposed will not: adversely affect the health, peace, comfort, or welfare of the persons residing or working in the surrounding area, or unreasonably interfere with the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site, or jeopardize, endanger, or otherwise constitute a menace to public health, safety, or general welfare.
The use will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. The Grace Baptist Church has been operating at the subject location since the 1960’s with Conditional Use Permit No. CUP-119-60. Since the religious facility’s ancillary building and parking lot are deteriorating, allowing the proposed subdivision, it will provide for an opportunity to develop an underutilized site with a residential development, while maintaining the religious facility on the remaining portion Garden Grove City Council
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of the subdivided lot. Each lot will meet the minimum lot size, as well as parking for the existing and proposed developments.
Besides the construction of the proposed twenty -six (26) townhomes to replace the existing deteriorating parking lot, there are no proposed changes to the religious facility or expansion of the operation or buildings. The modification of the Conditional Use Permit will allow the Grace Baptist Church to continue their operation at the subject location. Conditions of approval require the religious institution to comply with the City’s Noise Ordinance.
c. The proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping , and other development features prescribed in this title or as is otherwise required in order to integrate such use with the uses in the surrounding area.
Each site is of adequate size to accommodate the religious facility, and the proposed two-story townhome development, providing a minimum of one-acre per site. The project is proposing a six (6) foot high wall at the northerly property line, dividing the religious facility, and proposed residential development. Grace Baptist Church’s operation will remain unchanged and will continue utilizing the existing two -story ancillary building for Youth Sunday Services. Provided the conditions of approval are adhered to for the life of the project, the use will be harmonious with the persons who work and live in the area.
d. The proposed site is adequately served: by highways or streets or sufficient width and improved as necessary to carry the kind and quantity of traffic such as to be generated, and by other public or private service facilities as required.
The site is located on the south side of Santa Catalina Avenue, between Valley View Avenue and St. Mark Street Avenue. The site is sufficiently served by the public service facilities required, such as public utilities: gas, electric, water, and sewer facilities. As a part of this request, no changes are proposed to the overall function of the building. Therefore, the site will continue to be adequately served by all existing highways, streets, and other public and private service facilities.
e. The impacts of the p roject, as proposed, do not justify the imposition of the requirement that the existing religious facility maintain a twenty -five foot (25’-0”) setback to the common property line with the proposed new 26 unit residential townhome project.
The applicant is requesting a waiver to allow the main building of the religious facility to deviate from the required twenty-five foot (25’-0”) building setback to a common property line with an "R" zoned property to be thirteen feet six inches (13’-6”). Due to the lot subdivision, the existing main sanctuary building will be located thirteen feet six inches (13’-6”) from the southerly property line Garden Grove City Council
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of the 1.29-acre lot. Municipal Code Section 9.08.020.050.A.11 stipulates that requirements related to Special Operating Co nditions and Development Standards applicable to “churches, other religious centers, and other authorized assembly uses” in residential zones and open space zones may be waived by the Planning Commission upon a finding that the impacts of the project, as proposed, do not justify the imposition of the requirements.
The religious facility has been operating as such since 1960 under Conditional Use Permit No. CUP -119-60. The existing layout of the religious facility encompasses an assembly area, storage rooms, restrooms, and five (5) offices that will face the southerly property line and the residential development. The assembly portion of the religious facility will be approximately twenty-five (25) feet from the proposed residential use, and will be buffere d by the administrative offices. In addition, n o expansions to the existing sanctuary building are proposed. Therefore, a waiver of this standard is justified and the townhome project residents will not be adversely impacted.
3. 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 Plann ing Commission Resolution No. 6106-25.
4. The Conditional Use Permit No. CUP-119-60 (REV. 202 5) possesses characteristics that would indicate justification of the request in accordance with Municipal Code Section 9.32.030.D.4 (Conditional Use Permit).
5. Conditional Use Permit No. CUP -119-60 (REV. 202 5) is hereby approved, subject to and contingent upon the adoption and effectiveness of an ordinance approving General Plan Amendment No. 001-2025 and Zoning Map Amendment No.
A-041-2025 by the Garden Grove City Council.
6. Upon exercise of the subject request, Conditional Use Permit No. CUP-119-60, shall be deemed to be revoked and shall become null and void and superseded by Conditional Use Permit No. CUP-119-60 (REV. 2025).
7. 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 Conditional Use Permit No. CUP-119-60 (REV. 2025).
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EXHIBIT “A”
Conditional Use Permit No. CUP-119-60 (REV. 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 Attorne y’s Office, on the property. Proof of such recordation is required within 30 days of the approval.
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. Conditional Use Permit No. CUP -119-60 (REV. 2025) only authorizes the operation of a “Church and Other Religious Center,” with an associated Sunday Youth Services , on a property located at 5802 Santa Catalina Avenue , as depicted on the plans submitted by the applicant and made part of the record on the February 20, 2025, Planning Commission proceedings and April 8, 2025 City Council proceedings. This Conditional Use Permit shall supersede CUP - 119-60 which established the religious facility with two ancillary buildings. As part of the request, the one-story ancillary building will be demolished and the two-story a ncillary building will remain. In the event the operation of the religious facility on the property ceases, operation of the approved inc idental uses shall also cease. Approval of this Conditional Use Permit 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, floor 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 site plan, floor plan, or Conditions of Approval that would result in the intensification of the project, or create impacts that have not been Garden Grove City Council
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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.
Community Development Department
6. The hours of operation for the religious facility shall be permitted from 8 :00 a.m. to 8:00 p.m., Monday to Sunday.
7. All of the proposed activities shall fall under the singular umbrella of “Church and Other Religious Centers,” as classified by the Municipal Code. Should the existing religious facility on the site ever cease providing regular services, any associated activities shall also cease operations.
8. The site is intended to be used as a religious facility, as indicated by the applicant. The facility is to be used for religious activities open to the public, which would include prayer or worship services, Sunday Youth Service. This facility shall not be used as a boarding house or serve as temporary housing/living quarters. Should any change in the approved uses occur, the filing of a new Conditional Use Permit and/or other proper entitlement(s) shall be required.
9. Activities occurring on the site such as special events, carnivals, and similar activities, will require City approval of a special event permit. Application for the event permit shall be made a minimum of 30 days prior to the event. If the event creates a parking demand exceeding the number of spaces provided on-site, the representatives of the event/proposed assembly use, shall ensure, through written verification, that arrangements are made to address the overflow parking at least twenty-one (21) days prior to the event. This includes providing evidence of other secured parking facilities as well as type (secured) shuttle service between the site and secured parking lot(s).
10. All activities associated with the existing religious facility shall be conducted within a fully enclosed building.
11. The property owner(s) shall comply with the adopted City Noise Ordinance.
12. No amplification systems shall be permitted outside of a fully enclosed building.
13. The sound emitted from any loud speakers shall not extend beyond the walls of the building.
14. No outside storage or displays shall be permitted at any time.
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15. The applicant/property owner shall maintain all existing landscaped areas in a neat and healthy condition. Landscaping maintenance shall include pruning or removal of overgrown weeds and vegetation.
16. A prominent, permanent sign stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The sign lettering shall be four (4) to six (6) inches high with black letters on a white background. The sign shall be displayed near or at the entrance, and shall also be visible to the public.
17. There shall be no deliveries to, or from, the premises before 7:00 a.m. and after 10:00 p.m., seven (7) days a week.
18. All rear doors shall be kept closed at all times, except to permit employee ingress and egress, and in emergencies.
19. All trash bins shall be kept inside the trash enclosure, and gates closed at all times, except during disposal and pick-up. Trash pick-up shall be at least once per week, however, if additional pick-ups are needed to accommodate the uses on the site, the property owner shall increase the number of pi ck-ups as required.
20. New perimeter walls, if proposed, shall be developed to City Standards or designed by a Registered Engineer, and shall be measured from the on -site finished grade, and shall be shown on the grading plan. New perimeter walls constructed adjacent to any driveway shall obse rve the required visual line of-sight clearance. The location of any new wall shall be reviewed and approved by the Planning Services Division, and if applicable, shall require a building permit.
21. Litter shall be remo ved daily from the premises, including adjacent public sidewalks and from all parking areas under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.
22. The applicant/property owner shall abate all graffiti vandalism within the premises. The applicant/property owner shall implement best management practices to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, timely 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, as nece ssary. Graffiti shall be removed/eliminated by the applicant/property owner as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.
23. The applicant is advised that the establishment is subject to the provisions of State Labor Code Section 6404.5 (ref: State Law AB 13), which prohibits smoking inside the establishment as of January 1, 1995.
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24. No roof-mounted mechanical equipment shall be permitted unless a method of screening complementary to the architecture of th e building i s approved by the Community Development Department, Planning Services Division. Said screening shall block visibility of any roof-mounted mechanical equipment from view of public streets and surrounding properties.
25. The applicant shall be responsible for providing adequate parking area lighting in compliance with City regulations. Lighting in the parking area shall be directed, positioned, or shielded in such a manner so as not to unreasonably illuminate adjacent properties.
26. No satellite dish antennas shall be installed on said premises unless, and until, plans have been submitted to and approved by the Community Development Department, Planning Services Division. No advertising material shall be placed thereon.
27. Permits from the City of Garden Grove shall be obtained prior to displaying any temporary advertising (i.e., banners).
28. Signs shall comply with the City of Garden Grove sign requirements. No more than 15% of the total window area and clear doors shall bear adver tising or signs of any sort.
29. Any modifications to existing signs or the installation of new signs shall require approval by the Community Development Department, Planning Services Division prior to issuance of a building permit.
30. The applicant/property o wner shall submit signed letters acknowledging receipt of the decision approving Conditional Use Permit No. CUP-119-60 (REV. 2025), and his/her agreement with all conditions of approval within 30 -days from the date of this approval.
31. A copy of the resoluti on approving Conditional Use Permit No. CUP -119-60 (REV. 2025) , including the conditions of approval, shall be kept on the premises at all times.
32. Conditional Use Permit No. CUP -119-60 previously governing this property shall become null and void, and superseded in its entirety, by approval of CUP-119-60 (REV. 2025).
33. 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 Garden Grove City Council
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concerning Conditional Use Permit No. CUP-119-60 (REV. 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 challengi ng such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.
34. If deemed necessary by the Community Development Director, the Conditional Use Permit may be reviewed at any time, in order to determine if the business is operating in compliance.
35. The Conditional Use Permit may be called for review by City staff, the City Council, or Planning Commission, if noise or other complaints are filed and verified as valid by the Co de Enforcement office or other C ity department concerning the violation of approved conditions, the Garden Grove Municipal Code, or any other applicable provisions of law.