GARDEN GROVE CITY COUNCIL
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE ADOPTING
A MITIGATED NEGATIVE DECLARATION AND AN ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE SANTA BARBARA TOWNS RESIDENTIAL PROJECT 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 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 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 t he existing approximately 3.025 -acre lot into two lots to facilitate the development of the re sidential 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, pursuant to the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. ("CEQA") and CEQA's implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq., an Initial Study was prepared for the proposed Project and it has been determined that the proposed Project qualifies for a Mitigated Negative De claration as the proposed Garden Grove City Council
Resolution No. _________
Project with the proposed mitigation measures cannot, or will not, have a significant effect on the environment; and
WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared and is attached to the Mitigated Negative Declaration listing the mitigation measures to be monitored during Project implementation; and
WHEREAS, the Mitigated Negative Declaration with mitigation measures was prepared and circulated in accordance with CEQA and CEQA's implementing guidelines; and
WHEREAS, 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 contingently approving (i) Resolution No. 6103-25 approving General Plan Amendment No. 001- 2025, (ii) Resolution No. 6104 -2025 approving Tentative Parcel Map No. PM -2024- 124; (iii) Resolution No. 6105-2025 approving Site Plan No. SP-150-2025, Variance No. V-045-2025, and Tentative Tract Map No. TT -19336, and (iv) Resolution No. 6106-25 approving Conditional Use Permit No. 119-60 (Rev. 2025); and
WHEREAS, the Planning Commission of the City of Garden Grove held a duly noticed public hearing on February 20, 2025 regarding the Project, including the Initial Study, the Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program; and
WHEREAS, the Planning Commission of the City of Garden Grove recommended approval of the Mitigated Negative Declaration and the Mi tigation Monitoring and Reporting Program during its meeting on February 20, 2025; and
WHEREAS, pursuant to a legal notice, a Public Hearing was held by the City Council on April 8, 2025, and all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of April 8, 2025.
NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED as follows:
1. The City Council of the City of Garden Grove has considered the proposed Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project along with public comments regarding the Mitigated Negative Declaration.
Garden Grove City Council
Resolution No. _________
2. The City Council of the City of Garden Grove finds on the basis of the whole record before it, the conditions of approval and mitigation measures, including the initial study and comments received, that the Project’s impacts can be mitigated so that there is no substantial evidence in light of the whole record that the Project may have a significant impact.
3. The City Council further finds that the adoption of the Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project reflects the City Council’s independent judgment and analysis.
4. Therefore, the City Council of the City of Garden Grove adopts the Mitigated Negative Declaration and an associated Mitigation Monitoring and Reporting Program for the Project (Exhibit “A”).
5. The record of proceedings on which the City Council of the City of Garden Grove’s decision is based is located at the City of Garden Grove, 11222 Acacia Parkway, Garden Grove, California. The custodian of the record of proceedings is the Director of the Community Development Department.
Exhibit “A”
MITIGATION MEASURES
Santa Barbara Towns Residential Project
General Plan Amendment No. GPA-001-2025
Zoning Map Amendment No. 041-2025
Tentative Parcel Map No. PM-2024-124
Site Plan No. SP-150-2025, Variance No. V-045-2025, and Tentative Tract Map No. TT-19336 Conditional Use Permit No. 119-60 (Rev. 2025)
Terms and Definitions:
1. Property Owner/Developer – Owner or developer of Brandywine Santa Barbara Towns Residential Project.
2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to City Council. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted Fee Schedule.
3. Implementation Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance.
4. R
esponsibility Monitoring Party – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure.
5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be Santa Barbara Towns Residential Project
Mitigation Monitoring and Reporting Program
2 deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction.
6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building.
Santa Barbara Towns Residential Project
Mitigation Monitoring and Reporting Program
Impact
Category Mitigation Measure Implementation
Timing
Responsible
Monitoring Party
Monitoring/Reporting
Method
Biological
Resources
MM BIO-1: In the event that vegetation and tree removal activities should occur during site-preparation activities (ground disturbance, construction activities, staging equipment) within the active breeding season for birds (February 1 and August 31), the Project/Applicant (or their Construction Contractor) shall retain a qualified biologist (meaning a professional biologist that is familiar with local birds and their nesting behaviors) to conduct a nesting bird survey no more than 3 days prior to
commencement of construction activities to determine if active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. The nesting survey shall include the project site and areas immediately adjacent to the site that could potentially be affected by project-related construction activities, such as noise, human activity, and dust, etc. If active nesting of birds is observed within 100 feet of the designated construction area prior to
construction, the qualified biologist shall establish an appropriate buffer around the active nests (e.g., as much as 500 feet for raptors and 300 feet for nonraptors [subject to the
recommendations of the qualified biologist]), and the buffer areas shall be avoided until the nests are no longer occupied and the juvenile birds can survive independently from the nests.
Prior to commencement of grading activities, the City of Garden Grove (City) Community Development Director, or designee, shall verify that all project grading and construction plans are consistent with the requirements stated above, that
preconstruction surveys have been completed and that results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.
If active nests are located during the pre-activity field survey, the Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Biologist shall monitor the nest at the onset of project activities, and at the onset of any changes in Mitigation
measure
required only
between
February 1 and
August 31, the
state nesting
season for birds
Nesting bird
survey to be
conducted no
more than 3
days prior to the
commencement
of construction
activities
Prior to
commencement
of grading
activities
Planning Division
Community
Development
Director
Verification that all
project grading and
construction plans are
consistent with MM BIO-1
Review of
preconstruction survey
results by staff
Santa Barbara Towns Residential Project
Mitigation Monitoring and Reporting Program
4 such project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Biologist determines that such project activities may be causing an adverse reaction, the Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The on-site qualified biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found. Upon completion of the survey and nesting bird monitoring, a report shall be prepared and submitted to the City of Garden Grove for mitigation monitoring compliance record keeping.
Cultural
Resources
and Tribal
Cultural
Resources
MM TCR-1: Retain a Native American Monitor Prior to
Commencement of Ground-Disturbing Activities
A. The Project Applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno
Band of Mission Indians – Kizh Nation and the Juaneño
Band of Mission Indians, Acjachemen Nation - Belardes.
The monitor shall be retained prior to the
commencement of any “ground-disturbing activity” for
the subject project at all project locations (i.e., both on- site and any off-site locations that are included in the project description/definition and/or required in
connection with the project, such as public
improvement work). “Ground-disturbing activity” shall
include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal,
boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the City prior to the commencement of
any ground-disturbing activity, or the issuance of any
permit necessary to commence a ground-disturbing
activity.
C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing
activities, the type of construction activities performed, Prior to
commencement
of ground-
disturbing
activities or the
issuance of any
permit
necessary to
commence a
ground-
disturbing
activity
Planning Division Submittal of executed
monitoring agreement
Santa Barbara Towns Residential Project
Mitigation Monitoring and Reporting Program
5 locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts,
conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any
discovered TCRs, including but not limited to, Native
American cultural and historical artifacts, remains,
places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native
American (ancestral) human remains and burial goods.
Copies of monitor logs will be provided to the project
applicant/lead agency upon written request to the
Tribe.
D. On-site tribal monitoring shall conclude upon the
following: (1) written confirmation to the Tribes (the
Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation –
Belardes) or Tribal monitoring agency from a designated point of contact for the Project Applicant that all
ground-disturbing activities and phases that may involve ground-disturbing activities on the Project Site or in
connection with the Project are complete; or (2) a
determination and written notification by the Tribes (the Gabrieleno Band of Mission Indians – Kizh Nation and the Juaneño Band of Mission Indians, Acjachemen Nation –
Belardes) or Tribal monitoring agency to the Director of Community Development, or designee that no future,
planned construction activity and/or
development/construction phase at the project site
possesses the potential to impact tribal cultural
resources.
Cultural
Resources
and Tribal
Cultural
Resources
MM TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial)
Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Native American monitor and/or Tribal archaeologist. The Tribes will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural, and/or historic purposes.
During
construction
activities
Planning Division
Tribal monitor and/or
archaeologist to retain
all discovered TCRs
Santa Barbara Towns Residential Project
Mitigation Monitoring and Reporting Program
6 Cultural and
Tribal
Cultural
Resources
MM TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects
A. Native American human remains are defined in PRC §
5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness.
Funerary objects, called associated grave foods in PRC
§ 5097.98, are also to be treated according to this
statute.
B. If Native American human remains and/or grave foods
are discovered or recognized on the project site, then
PRC § 5097.9 as well as Health and Safety Code §7050.5
shall be followed.
C. Human remains and grave/burial foods shall be treated alike per California PRC §5097.98 (d)(1) and (2).
D. Preservation in place (i.e. avoidance) is the preferred manner of treatment for discovered human remains
and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
During
construction
activities and
project
operations
Planning Division
Notification to the
County Coroner and
Native American
Heritage Commission
Geology and
Soils
MM GEO-1: During design, grading, and construction of the Proposed Project, the project applicant shall follow all recommendations in Section 6.0, Conclusions and
Recommendations (pages 12-21), Section 7.0 Design
Considerations (pages 21-31), and Section 8.0 Lot Maintenance (page 31) of the geotechnical report prepared for the project ( Geotechnical Investigation, 5802 Santa Catalina Avenue City of Garden Grove, County of Orange, California, Alta California Geotechnical, Inc., January 16, 2024).
During project
design, grading,
and construction
Planning Division
Review of project
consistency with the
geotechnical report’s
recommendations
Hazards and
Hazardous
Materials
MM HAZ -MAT-1: Prior to the start of construction activity in the public right -of-way, if deemed necessary by the City Traffic Engineer, the General Contractor shall submit a Right -of-Way Permit to be reviewed and approved by the City Traffic Engineer.
The Right -of-Way Permit includes requirements such as a traffic control plan for review by the Traffic Engineering Division. The traffic control plan shall detail lane lines, islands and medians, street intersections, and driveways. The traffic control plan would conform to the latest edition of the California Manual for Traffic Control Devices and the requirements of the City Traffic Engineer.
Emergency access must be maintained per OCFA standards.
Compliance with City requirements for traffic management during construction in the public ROW is required.
Prior to the start
of construction
activity in the
public right-of-
way
Engineering Division Submittal and review of
Right-of-Way Permit