RESOLUTION NO. 6099-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE APPROVING TENTATIVE PARCEL MAP NO. PM -2023-191 AND SITE PLAN NO.
SP-146-2024 FOR A PROPERTY LOCATED ON THE WEST SIDE OF HASTER STREET, BETWEEN LAMPSON AVENUE AND GARDEN GROVE BOULEVARD, AT 12681 HASTER STREET, ASSESSOR’S PARCEL NO. 231-591-02.
BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in a regular session assembled on October 17, 2024, hereby approves Tentative Parcel Map No. PM-2023-191 and Site Plan No. SP-146-2024 for a property located on the west side of Haster Street, between Lampson Avenue and Garden Grove Boulevard, Assessor’s Parcel No. 231-591-02, subject to the conditions of approval attached hereto as Exhibit “A”.
BE IT FURTHER RESOLVED in the matter of Tentative Parcel Map No. PM -2023-191 and Site Plan No. SP-146-2024, the Planning Commission of the City of Garden Grove does hereby report as follows:
1. The subject case was initiated by LPA, Inc., with authorization from the property owner, KHIK Co., LLC.
2. The applicant is requesting approval of: (1) a Tentative Parcel Map to split the existing 3. 8-acre property into two (2) separate lots of approximately 2.2 acres, and approximately 1.6 acres, and (2) a Site Plan to construct a seventy- six (76) unit, four -story multiple -family residential apartment building and associated site improvements on the new approximately 1.6 -acre lot. The proposal includes eight (8) affordable housing units for "very low -income" households, qualifying the project for a 50% density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios, pursuant to the State Densi ty Bonus Law and Garden Grove Municipal Code (GGMC) Section 9.60.040 (collectively, the “Density Bonus Law” or “DBL”). The project has been designed to incorporate certain incentives / concessions and waivers / reductions of development standards pursuant to the DBL.
3. The City of Garden Grove Planning Commission hereby determines that the proposed project is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 (In -Fill Development Projects) of the State CEQA Guidelines (1 4 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, the proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects Resolution No. 6099-24 Page 2
relating to traffic, noise, air quality or water quality; and ( 5) the site can be adequately served by all required utilities and public services. The project is therefore exempt from CEQA review.
4. The property has a General Plan Land Use designation of MDR (Medium Density Residential) and is zoned R -3 (Multiple-Family Residential). The site is currently developed with a convalescent center, Garden Park Care Center.
5. Existing land use, zoning, and General Plan designation of property in the vicinity of the subject property have been reviewed.
6. Report submitted by the City staff was reviewed.
7. Pursuant to a legal notice, a public hearing was held on October 17, 2024, and all interested persons were given an opportunity to be heard.
8. The Planning Commission gave due and careful consideration to the matter during its meeting on October 17, 2024.
BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission, as required under Municipal Code Section 9.04.030 are as follows:
FACTS:
The project site is an approximately 164,811.72 square-foot (3.8-acre) lot, located on the west side of Haster Street, between Lampson Avenue and Garden Grove Boulevard, at 12681 Haster Street , which is currently improved with a residential care facility. The proposed Tentative Parcel Map would split the existing 3. 8-acre parcel such that the proposed apartment development and existing residential care facility would be on separate parcels, of approximately 1.6 acres, and 2. 2 acres, respectively.
The subject site has a General Plan Land Use designation of MDR (Medium Density Residential), and is zoned R -3 (Multiple -Family Residential). To the north, the property abuts R -3 and O -S (Open Space) zoned properties. To the west, the property abuts an O-S zoned property. To the south, the property abuts R-1 (Single- Family Residential) zoned properties. Lastly, to the east, the property is adjacent to R-3 and R-1 properties, across Haster Street. Surrounding uses include the Haster Basin Recreation Area, and single -family an d multiple -family residential developments
The subject site is currently improved with a single -story, residential care facility, Garden Park Care Center, that was originally constructed in 1962. The existing care facility operation will largely remain unchanged as a part of this request. Followi ng the subdivision under Tentative Parcel Map No. PM-2023-191, the care facility would Resolution No. 6099-24 Page 3
be located upon its own property. Only an existing ancillary building would be removed, and parking lot improvements would be required to accommodate the proposed project. Each lot would provide its own respective parking areas along with separate vehicular and pedestrian access to Haster Street.
On the newly created Parcel 1, the applicant is proposing seventy-six (76) multiple- family apartment units. Other site features include, but are not limited to: a parking lot, drive aisles, walkways, garden spaces, and recreation areas to be shared amongst the units. With the inclusion of eight (8) affordable housing units for “very low - income” households, pursuant the DBL, t he project qualifies for a den sity bonus of up to 50% over the base density, reduced parking ratios, and the following three (3) incentives / concessions of development standards set forth in the Garden Grove Municipal Code (GGMC):
1. An incentive / concess ion to reduce the interior side setback at the first, second, third and fourth floors from the required ten feet (10’ -0”) and fifteen feet (15’-0”), to a minimum nine feet (9’-0”) (GGMC Section 9.12.040.020.A); and,
2. An incentive / concession to increase t he maximum building height and maximum stories from the maximum thirty -five feet (35’ -0”) and three (3) stories to a maximum forty feet (40’ -0”) and four (4) stories (GGMC Section
9.12.040.020.A).
3. An incentive / concession to reduce the required number of parking spaces provided from 103 to eighty-two (82) (DBL).
Pursuant to the proposed Conditions of Approval, a n Affordable Housing Regulatory Agreement consistent with the DBL and Section 9.60.050 of the GGMC would be recorded to ensure affordability of t he eight (8) “very low -income” units for the occupants of said units for a period of fifty-five (55) years.
No existing residential units will be demolished to accommodate development of the proposed project. Therefore, the replacement housing and tenant protection provisions of Government Code Section 66300.6 do not apply.
FINDINGS AND REASONS:
SITE PLAN (HOUSING DEVELOPMENTS)
1. The proposed development project is consistent, in compliance, and in conformity with the applicable, objective standards, provisions, conditions or requirements of the General Plan, Title 9, and other applicable ordinances or policies of the City.
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The proposed project includes construction of a four-story, seventy-six (76) unit residential apartment development that includes eight (8) affordable housing units for "very low-income" households, along with associated site improvements. The existing residential care facility will remain largely unchanged, with only proposed changes to its parking lot, driveway access, and the demolition of an ancillary building. The subject site has a General Plan Land Use designation of MDR (Medium Density Residential), and is zoned R-3 (Multiple-Family Residential). The MDR Land Use Designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multiple -family apartments, condominiums, townhomes, and single-family small-lot subdivisions. The MDR is implemented by the R-3 zone, which allows residential developments with densities of up to thirty -two (32) units per acre. Pursuant to the Density Bonus Law (DBL), the project is entitled to a density bonus of 50%, reduced parking ratios, three (3) incentives or concessions, and waivers or modifications of development standards. With the exception of the development standards proposed to be waived or modified pursuant to the DBL, the proposed project complies with all applicable objective development standards and provisions of the General Plan and GGMC. The project has also been reviewed by the Public Works Department, and either complies with, or has been conditioned to meet, all applicable Public Works design requirements. The proposed Project is also consistent with the goals and policies of the General Plan Land Use Element and Housing Element, including the following:
Policy LU-1.3: Support the production of housing citywide that is affordable to lower- and moderate -income households consistent with the policies and targets set forth in the Housing Element. As proposed, the subject project would include eight (8) “very low-income” affordable residential units. The inclusion of the units would contribute to meeting the City’s Regional Housing Needs Allocation (RHNA). Additionally, the unit s would be consistent with Housing Element policies encouraging the development of lower -income residential units.
Goal LU -2: St able, well -maintained residential neighborhoods in Garden Grove. The proposed project would incorporate new driveways and parking areas, landscaping, pedestrian walkways, and other site features that can help create more attractive residential neighborhoo ds. Additionally, the existing residential care facility would also receive a new parking lot configuration and associated site improvements. As proposed, the project would ensure the proper upkeep of both sites, which could be a benefit to the neighborh ood as a whole. Conditions of Approval have been incorporated to help ensure proper maintenance of the property. With adherence to the Conditions of Approval, the project could contribute to the stability of the adjacent residential neighborhood.
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Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The adjacent properties consist of single-family residential dwellings and multiple-family residential developments. The properties abutting the project site are zoned R-1 (Single- Family Residential), R -3 (Multiple -Family Residential), and/or O -S (Open Space). Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple -family residential developments. The pro posed seventy-six (76) unit project was reviewed and determined to be within the allowed density under the DBL, and in compliance with the R -3 zone development standards of the GGMC, with the exception of the proposed concessions and incentives. By developing apartment units in an area already developed with multiple-family developments, the proposed project would be consistent with the type and intensity of land use of the immediate neighborhood. Additionally, the existing residential care facility to ma intain would continue to meet the development standards of the R-3 zone.
Policy LU-3.2: Support development of multi -family housing that provides a diversity of densities, types, and prices that meet the needs of all household income levels. The subject project is allowed a maximum base density of thirty-two (32) units per acre, which yields fifty-one (51) units for a 1.6-acre lot. The project is proposing eight (8) “very low-income” affordable units, allowing for a 50% density bonus . The pr oject would provide a total of seventy-six (76) units. Of the proposed units, sixty-eight (68) would be “above moderate-income” residential units, and eight (8) would be “very low- income” residential units. With the inclusion of both types of units, the project would provide for multiple income levels.
Policy LU-3.3: Encourage developers to build housing projects at or above maximum allowable densities. The DBL requires all fractional units for affordable housing projects to be rounded up to the next wh ole number. In this case, the maximum base density is thirty-two (32) units per acre, yielding a base density of 50.56 units. Based upon DBL, it would be rounded up to fifty-one (51) units. The project is proposing seventy-six (76) units, exceeding the maximum allowable density permitted in the R-3 zone, in accordance with State Law.
Goal LU -4: Uses compatible with one another. The project is located in a neighborhood th at consist s of both single-family and multiple-family residential developments. The properties abutting the project site are zoned R-1 (Single-Family Residential), R-3 (Multiple-Family Residential), and/or O-S (Open Space). Surrounding uses include the Haster Basin Recreation Area, and single-family and multiple-family residential developments. The proposed project would include seventy -six (76) apartment units. By developing apartment units in an area already developed with multiple -family developments, the proposed project would be consistent with the development pattern of the surrounding neighborhood.
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Policy H-2.1: Preserve and expand the City’s supply of affordable rental and ownership housing for lower -income households. As proposed, the subject project would include eight (8) “very low-income” affordable residential units.
The inclusion of the “very low-income” units helps increase the City’s stock of affordable residential rental units. An Affordable Housing Regulatory Agreement consistent with the DBL and GGMC Section 9.60.050 would be recorded to ensure affordability of the very low-income unit for the occupant(s) of said unit.
Policy H -2.3: Provide density bonuses and other financial and regulatory incentives to facilitate the development of affordable housing. In exchange for providing eight (8) affordable units for “very low-income” households, the project is being granted a density bonus and incentives/concessions to deviate from certain R-3 zone development standards pursuant to the DBL.
Policy H -3.7: Enco urage infill housing development that is compatible in character with established residential neighborhoods. The subject property is surrounded on all sides by urban land uses, including the Haster Basin Recreation Area, single-family residential dwelling s, and multiple-family residential developments. The proposed project would construct seventy-six (76) residential apartment units and associated site improvements. The proposed project has been designed to limit impacts on the adjacent uses. The upper floors of the proposed units have been designed to minimize views, and limit shade and shadow impacts onto adjacent residential properties. The overall scale and design of the project has been oriented in a way such as to be less impactful on the surrounding uses. Therefore, the infill project would be consistent with the character of these surrounding uses.
2. The provisions of the California Environmental Quality Act have been complied with.
The proposed development is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines (14 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, the proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality; and (5) the site can be adequately served by all required utilities and public services. Therefore, the provisions of the California Environmental Quality Act have been complied with.
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3. The proposed development project will 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 seventy-six (76) unit residential development would not have specific, adverse impacts on the public health and safety. The proposed project is at a density allowed pursuant to the DBL, is compatible with surrounding uses, is similar in scale to the adjoin ing neighborhood, and is consistent with the land use type and intensity in the immediate neighborhood.
TENTATIVE PARCEL MAP
1. That the proposed map is consistent with the General Plan.
The proposed project includes construction of a four -story, seventy-six (76) unit residential apartment development that includes eight (8) affordable housing units for "very low -income" households, along with asso ciated site improvements. The existing residential care facility will remain largely unchanged, with only proposed changes to its parking lot, driveway access, and the demolition of an ancillary building. The proposed Tentative Parcel Map No. PM-2023-191 would split the existing 3. 8-acre property such that the proposed apartment development and existing residential care facility would be on separate parcels, of 1.6 acres, and 2.2 acres, respectively. The subject site has a General Plan Land Use designati on of MDR (Medium Density Residential), and is zoned R -3 (Multiple-Family Residential). The MDR Land Use Designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multiple -family apartments, condominiums, townhomes, and single -family small -lot subdivisions. The proposed project is also consistent with 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 seventy-six (76) apartment units, facilitated through the Tentative Parcel Map, would 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 areas, the common recreation area, and perimeter landscaping, which will be the respons ibility of the management company to ensure its proper appearance. Furthermore, the project will contribute to meeting the City’s Regional Housing Needs Allocation (RHNA), as well as the Housing Element policies.
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Policy LU-2.4: Assure that the type and intensity of land use shall be consistent with that of the immediate neighborhood. The project is located in a neighborhood that consists of both single -family and multiple -family residential developments. The properties in the direct vicinity of the proj ect site are zoned O -S (Open Space), R -1 (Single Family Residential), and R -3 (Multiple-Family Residential). The R-3 zoning of the subject site is intended to provide for a variety of types and densities of multiple -family residential dwellings. Surround ing uses include the Haster Basin Recreation Area, and single-family and multiple -family residential developments. Therefore, the project, facilitated through the Tentative Parcel Map, would meet the intent of the zoning by providing multiple -family resid ential dwellings in an area currently developed with a variety of housing types and densities. In addition, the project would also maintain the existing residential care facility, which would also be consistent with the R -3 zoning standards, and the surrounding neighborhood.
Goal LU -4: The City seeks to develop uses that are compatible with one another. The project is located in a neighborhood that consists of both single- family and multi ple-family residential developments. The properties in the direct vicinity of the project site are zoned O-S (Open Space), R-1 (Single Family Residential), and R -3 (Multiple-Family Residential), and have Open Space, Low Density Residential, and Medium Density Residential General Plan land use designations, respectively. Surrounding uses include the Haster Basin Recreation Area, and single -family and multiple -family residential developments. Thus, the proposed project, facilitated through the Tentative Parcel Map, would similar both in land use intensity and physical scale of the adjoining residential neighborhood. Therefore, the proposed housing project, and the existing residential care facility to remain, would be consistent with the development pattern of the surrounding residential uses.
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 primarily residential neighborhood characterized, with nearby access to commercial uses at the intersection of Haster Street and Garden Grove Boulevard to the south, and the intersection of Haster Street and Lampson Avenue to the north . The construction of the ne w residential units , facilitated via the Tentative Parcel Map, would increase the local population and add to the consumer base for commercial services within the immediate neighborhood.
2. That the design and improvement of the proposed subdivision is cons istent with the General Plan.
The subject site has a General Plan land use designation of MDR (Medium - Density Residential). The applicant is requesting Tentative Parcel Map No.
PM-2023-191 approval to subdivide the existing property for the purpose of Resolution No. 6099-24 Page 9
developing the site with seventy-six (76) residential rental units , and also maintain an existing residential care facility. The MDR land use designation is intended to create, maintain, and enhance residential areas characterized by mostly traditional multiple -family apartments, condominiums, townhomes, and single-family small-lot subdivisions. The proposed project is consistent with this intent, as there are multiple -family developments across Haster Street to the east . Additionally, care facilities are also permitted in the R -3 zone. With the approval of Site Plan No. SP-146-2024, the proposed Tentative Parcel Map No. PM-2023-191 would be in conformance with the City’s General Plan, the City’s Subdivision Ordinance, the Municipal Code re quirements, and the State’s Subdivision Map Act.
3. 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 MDR General Plan land use designation. The
1.6-acre site would consist of seventy-six (76) rental apartment units, as requested pursuant to the DBL. The residential care facility would be located on an approximately 2.2-acre site. The proposed project has been designed in a manner that would be compatible with the surrounding neighborhood.
Following the subdivision of the property via the Tentative Parcel Map, the site would be able to accommodate said seventy-six (76) units and care facility, along with associated circulat ion, parking, landscaping, recreation areas, setbacks, and other design features. Therefore, the property is sufficient in size to accommodate the proposed development.
4. That the requirements of the California Environmental Quality Act have been satisfied.
The proposed development is exempt from the California Environmental Quality Act (“CEQA”), pursuant to Section 15332 (In -Fill Development Projects) of the CEQA Guidelines (14 Cal. Code Regs., Section 15332). As set forth in the Class 32 exemption, th e proposed project is: (1) consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (2) the proposed development occurs within City limits on a project s ite of no more than five acres substantially surrounded by urban uses; (3) the project site has no value as habitat for endangered, rare or threatened species; (4) approval of the project would not result in any significant effects relating to traffic, noi se, air quality or water quality; and (5) the site can be adequately served by all required utilities and public services. Therefore, the provisions of the California Environmental Quality Act have been complied with.
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5. That the site is physically suitable for the proposed density of the development.
The proposed Tentative Parcel Map would split the existing 3.8 -acre property such that the proposed apartment development and residential care facility would be on separate parcels . The resulting apartment property (Parcel 1) would be approximately 1.6 acres. The residential care facility property (Parcel 2) would be approximately 2.2 acres. Following the subdivision of the property, Parcel 1 would be developed with a seventy-six (76) unit apartment development, with associated site improvements.
By providing eight (8) “very low-income” units, and pursuant to the DBL, the project is entitled to a density bonus of 50%, reduced parking ratios, three (3) incentives or concessions, and waivers or modifications of development standards. With the exception of the development standards proposed to be waived or modified pursuant to the DBL, the proposed project complies with all applicable objective development standards and provisions of the General Plan and GGMC. Furthermore, the existing care facility would continue to meet all of the applicable R -3 development standards. Therefore, the site is physically suitable for the density of the proposed project.
6. That the design of the subd ivision and the proposed improvements are not likely to cause serious public health problems.
The design of the subdivision and the proposed residential 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) zoning. City Departments, incl uding 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 th at the project may have on the community, including public health.
7. That the design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.
The design of the proposed tentative parcel map and improvements would 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.
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8. 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.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and the existing residential care facility would be on separate parcels. The resulting apartment property (Parcel 1) would be approximately 1.6 acres. The residential care facility property (Parcel 2) would be approximately 2.2 acres.
Following the subdivision of the p roperty, both the existing care facility, and the proposed apartments, with the exception of the proposed incentives / concessions, would meet the development standards of the Municipal Code.
Therefore, the design and improvement proposed for both properties would be suitable for the proposed uses, and would be compliant with the applicable standards of the R-3 zone. This would include, but not be limited to: setbacks, parking, lot coverage, and landscaping provisions.
9. 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 greatest extent feasible, the subject project has been designed in accordance with Government Code Section 66473.1. This includes opportunities to allow for passive or natural heating opportunities in the design, to encourage the orientation of structures to take advantage of shade and prevailing breezes, to allow solar access for passive heating, and opportunities for placement of shade trees and other vegetation for cooling.
10. 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 that the character of the subdivision is compatible with the design of existing structures.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and existing residential care facility would be on separate parcels, of 1. 6 acres, and 2. 2 acres, respectively. 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 would increase the number of residential units, and f urther the goals of the Housing Element of the General Plan. The proposed subdivision would allow for the proposed apartment development, whilst still maintaining the existing residential care facility.
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11. That the lot sizes of the subdivision are substantially the same as the lot sizes within the general area.
The proposed Tentative Parcel Map No. PM-2023-191 would split the existing
3.8-acre property such that the proposed apartment development and existing residential care facility would be on s eparate parcels, of 1. 6 acres, and 2. 2 acres, respectively. The proposed subdivision would allow for the development of the proposed seventy-six (76) unit apartment development , and maintain the existing care facility . The proposed subdivision would result in property sizes that would be approximately the same size as the multiple -family developments along Haster Street and Lampson Avenue, in the vicinity of the project, and meet the minimum lot size requirements of the Municipal Code.
12. 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. Orange County Fire Authority (OCFA) has reviewed the proposed subdivision, and found that the project will be adequately served by lo cal fire suppression services, and the proposed subdivision meets applicable design, location, and ingress -egress requirements. Furthermore, the project has been conditioned to comply with all OCFA requirements relating to fire suppression services, and e mergency access.
13. 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 Public Works Department has reviewed the project and has not found any violations of the California Regional Water Quality Control Board requirements.
The Public Wor ks Department has also reviewed the project for compliance with existing sewer capacity and found that the project will not exceed the capacity. All appropriate conditions of approval have been incorporated to minimize any adverse impacts to the existing public sewer system.
NO NET LOSS (GOVERNMENT CODE SECTION 65863) FINDINGS
1. If approval of the proposed Project will result in development of the Site at a lower residential density, the reduction in residential density is consistent with the adopted General Plan, including the Housing Element.
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The project site is comprised of a parcel with a gross acreage of approximately
3.8 acres (69,092 square feet). The subject site has a General Plan Land Use designation of Medium Density Residential (MDR), and is zoned Multiple-Family Residential (R-3). The parcel is identified in the City’s Housing Element Sites Inventory List with a realistic capacity of 103 “moderate-income” units. The proposed project consists of eight (8) “very low-income” units, and sixty-eight (68) “above moderate -income” units. The MDR Land Use designation is intended to create, maintain and enhance residential areas characterized by mostly traditional multip le-family apartments, condominiums, townhomes, and single-family small-lot subdivisions, and densities of up to thirty-two (32) units per acre.
Following the proposed Tentative Parcel Map, the project would be providing seventy-six (76) units on the proposed 1.6-acre Parcel 1. Pursuant to Density Bonus Law, the project would obtain a density bonus to exceed the maximum allowed density in the R-3 zone, to forty-eight (48) units per acre, or seventy- seven (77) units. Although the proposed project will provide fewer “moderate- income” units than identified in the City’s Housing Element Sites Inventory List, the proposed project will not result in a lower residential density than allowed by the adopted General Plan. Moreover, the proposed project is also consistent with several goals and policies of the General Plan Land Use and Housing Elements, as noted in the findings above.
2. The remaining sites identified in the housing element are adequate to meet the requirements of Government Code Section 65583.2 and to accommodate the City’s share of the regional housing need pursuant to Government Code Section 65584; or, if not, the City has, or will within 180 days, identify and make available additional adequate sites to accommodate the City’s share of the regional housing need by income level.
The City’s 6th Cycle RHNA requires the City to plan for 19,168 housing units for all income levels. A component of preparing the City’s Housing Element is the identification of vacant and underutilized sites suitable for residential development, and an evaluation of the housing development potential of these sites in fulfilling the City’s RHNA. The project site is on the City’s Housing Element Sites Inventory List with a realistic capacity of 103 “moderate-income” units.
The proposed project consists of eight (8) “very low-income” units and sixty- eight ( 68) “above moderate -income” units. With the proposed project providing fewer moderate-income units than shown in the Housing Element sites inventory, the City must d etermine whether the remaining Housing Element inventory sites have sufficient capacity to accommodate the City’s remaining unmet RHNA by income level if the project is approved as proposed.
Staff has evaluated the housing projects that have been permitted or approved during the current planning period, or which are otherwise not accounted for Resolution No. 6099-24 Page 14
in the Housing Element site analysis, and has determined that the remaining sites identified in the sites inventory have sufficient capacity to accommodate the City’s remaining unmet RHNA need for each income level.
At the time the Housing Element was prepared and adopted, the City’s unmet RHNA was calculated to be 18,208 units, broken down as follows: 6,567 “low- and very low-income” units, 3,087 “moderate-income” units, and 8,554 “above moderate-income” units. The sites identified in the certified adopted Housing Element were determined adequate to accommodate a total of 19,239 units, including 442 more units than the City’s unmet RHNA in the “low- and very low-income” categories, 207 more units than the City’s unmet RHNA for the “moderate-income” category, and 382 more units than the City’s unmet RHNA for the “above moderate-income” category. Overall, the sites inventory in the adopted Housing Element reflected a total capacity surplus of 1,031 units.
After accounting for permitted and entitled units since the beginning of the 6th RHNA cycle, October 15, 2021, and the seventy-six (76) units in the proposed project, the City’s total remaining unmet RHNA would be 16,657 units, broken down as follows: 6,543 “low- and very low -income” units, 3,084 “moderate-income” units, and 7,030 “above-moderate income” units. The remaining capacity of the sites identified in the Housing Element would be 18,774 units, resulting in a total capacity surplus of 2,117 units. The remaining sites are also adequate to accommodate a surplus of “low - and very low-income” units ( 329), “moderate -income” units ( 16), and “above moderate-income” units (1,772). Due to this surplus, the overall residential capacity on sites identified in the Housing Element will still be sufficient to accommodate the City’s total remaining unmet RHNA if the proposed project is approved.
INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT
In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report.
BE IT FURTHER RESOLVED that the Planning Commission does conclude:
1. The Tentative Parcel Map and Site Plan possess characteristics that would justify the request in accordance with Municipal Code Sec tion 9.60.020 (Review of Housing Development Projects) and Section 9.40.060 (Tentative Maps – Findings Required).
2. 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 Tentative Parcel Map No.
PM-2023-191 and Site Plan No. SP-146-2024.
Resolution No. 6099-24 Page 15
Adopted this 17th day of October 2024
ATTEST: /s/ JOSH LINDSAY
CHAIR
/s/ LIZ VASQUEZ _____
RECORDING SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, LIZ VASQUEZ, Secretary of the City of Garden Grov e Planning Commission, do hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Garden Grove, California, at a meeting held on October 17, 2024, by the following vote:
AYES: COMMISSIONERS: (7) BEARD, CUEVA, CUNNINGHAM, LARICCHIA,
LINDSAY, PAREDES, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (0) NONE
/s/ LIZ VASQUEZ
RECORDING SECRETARY
PLEASE NOTE: Any request for court review of this decision must be filed within 90 days of the date this decision was final (See Code of Civil Procedure Section 1094.6).
A decision becomes final if it is not timely appealed to the City Council. Appeal deadline is November 7, 2024.