Agenda packet, first session — Garden Grove City Council, June 9, 2026 (part 3 of 4)

1. LED Lighting – High-lumen LED light fixtures shall be used exclusively for the lighting of spaces throughout the Project that require 8 to 10 watts per fixture

2. Energy efficient lighting shall be incorporated into all on-site lighting and energy efficient appliances shall be incorporated into Project operations.

Prior to the issuance of
building permits
City of Garden
Grove
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b. Smart thermostats, which include a motion sensor detector and door/window open sensors, will be installed in each guest room.
c. The central plant will utilize a Combination Plant with SmartPlate EV

4. Glazing – All glazing for the tower and exterior public spaces shall be installed with Low-E glass [U-factor (thermal transmittance) ≤

0.28 and Solar Heat Gain Coefficient (SHGC) ≤ 0.23.

5. Energy Management System – The Project shall use advanced systems to monitor and optimize energy use in real time.

6. Benchmarking and Monitoring – The Project shall incorporate an Energy Star Portfolio Management system to track and manage energy consumption

7. Third-Party Verification/LEED Certification – The Project shall obtain third-party HVAC commissioning verification or LEED certification of Gold to Platinum to verify energy savings.

8. Battery Energy Storage –The Project would include an on‑site battery energy storage system occupying approximately 500 to 1,000 square feet, consisting of modular lithium-ion battery cabinets and associated electrical equipment. The system would be used for peak load management and grid resiliency consistent with California Fire Code and Title 24 requirements.
(CAPCOA Measure E-1 is quantified) (CAPCOA Measures E-7, E-9, E-22, E-24, and E25 are qualitative)
MM-GHG-8: Cool Roof/Deck. Prior to issuance of building permits, the Project Applicant or designee shall submit plans to the City for approval that require cool roof and cool deck surfaces to be included as part of the Project for the podium and tower, consistent with the specifications provided below.
▪ Cool Roof Installation:

All roofing materials shall meet or exceed the California Title 24, Part 6 requirements for cool roofs, based on roof slope:

Prior to the issuance of
building permits
City of Garden
Grove
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▪ Low-sloped roofs (≤ 2:12 pitch):
- Aged Solar Reflectance (SR) ≥ 0.63
- Thermal Emittance (TE) ≥ 0.75
- Or Solar Reflectance Index (SRI) ≥ 75
▪ Steep-sloped roofs (> 2:12 pitch):
- Aged SR ≥ 0.20
- TE ≥ 0.75
- Or SRI ≥ 16
▪ Cool Deck Surfaces:

All exterior hardscape surfaces exposed to sunlight (e.g., pool decks, patios, walkways) shall use high-albedo materials or cool surface coatings with:
- Minimum SR of 0.29 or higher
- Or materials with a demonstrated surface temperature
reduction of at least 10°F compared to conventional concrete or asphalt
To meet the above standards, the Project Applicant may implement one or more of the following:
▪ Use Energy Star®-rated roofing products or materials listed in the Cool Roof Rating Council (CRRC) directory.
▪ Apply reflective coatings or single-ply membranes with compliant SR and TE values.
▪ Install light-colored or permeable pavers, cool concrete, or coated surfaces for decks and walkways, such as permeable interlocking concrete pavers, porous asphalt, permeable concrete, geocell systems, or bio-asphalt.
▪ Incorporate green roofs or vegetated shading structures as alternative compliance pathways (subject to City approval).

Monitoring and Reporting shall include:
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▪ Submittal of roofing and hardscaping material specifications to the City of Garden Grove Building Division prior to issuance of building permits.
▪ City inspectors shall verify installation during final inspection and prior to issuance of the final certificate of occupancy. (CAPCOA Measure E-21)
MM-GHG-9: Renewable Energy. The Project Applicant or designee shall install a solar photovoltaic system capable of generating a minimum of 267,000 kilowatt hours (kWh) per year prior to issuance of certificate of occupancy. (CAPCOA Measure E-10-B)
Prior to the issuance of a
certificate of occupancy
City of Garden
Grove
MM-GHG-10: Water Conservation. Prior to receiving the final certificate of occupancy, the Project Applicant or designee shall submit a Water Conservation Compliance Report to the City of Garden Grove for review and approval. The Project shall achieve a minimum 10% reduction in total water use compared to the baseline of 167 gallons per room per day as identified in the Water Supply Assessment (Psomas 2022). This equates to a target of no more than 150.3 GPCD at full occupancy. The Water Conservation Compliance Report shall include product specifications for all water-saving fixtures and systems, landscape and irrigation plans, greywater system design and capacity documentation, post-occupancy water use monitoring plan for the first 12 months after occupancy. To meet or exceed the performance standard, the Project may implement a combination of the following water conservation strategies:
▪ Low-Flow Water Fixtures for guest rooms and public area ▪ Smart Irrigation System – outdoor landscaping shall include weather-based irrigation controllers and drought-resistant landscaping to minimize outdoor water use
▪ Greywater Recycling
(CAPCOA Measures W-2, W-5, and W-7)
Prior to receiving the final
certificate of occupancy
City of Garden
Grove
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MM-GHG-11: Waste Reduction. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall submit a Waste Management, Recycling, and Composting Plan to the City of Garden Grove for review and approval. The program shall be implemented on-site at the Project location and apply to all operational areas, including guest services, food and beverage operations, maintenance, and administrative functions. The waste reduction program shall be fully implemented during Project operations. The Plan shall specify a minimum diversion of 25% of municipal solid waste, including organics, generated on site from landfill disposal. The Waste Management, Recycling, and Composting Plan may include but not be limited to the following:
▪ Recycling Program
- Provide labeled bins for recyclables and certified hauler contracts.
- Promote recycled paper and other products like soap.
▪ Organics and Composting Program
- Collect food scraps and compostables.
▪ Source Reduction Measures
- Reduce single-use items and paper use.
- Ban disposable (i.e., designed to be used once and discarded) foodware items and accessories.
- Allow customers to bring their own reusable items.
- Require hand soap in refillable containers.
- Do not provide water in plastic bottles or disposable single-use cups.
- Do not use expanded polystyrene (i.e., Styrofoam).
- Require reusable napkins and tablecloths with recyclable disposable napkins only for takeout.
- Provide hand dryers in areas accessible to customers. - Require reusable laundry bags.
- Require reusable dishware for room service.

Prior to issuance of the
final certificate of
occupancy
City of Garden
Grove
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- Offer toiletries on request rather than automatically. - Provide key cards made of non-plastic materials, including traditional metal keys or wood, bamboo, and paper options for chip-based cards.
- Incentivize returning keys to discourage waste.
- Provide non-plastic shower caps, razors, shaving cream, slippers, eye masks, and ear plugs.
- Remove minifridge items that use plastic.
- Eliminate the use of garbage bags if possible, or use garbage bags made of compostable material.
- Serve employee meals with reusable dishware and cutlery and provide reusable water bottles for all employees with
accessible water bottle refill stations.
- Replace paper towels with reusable dish rags.
▪ Employee and Guest Education
- Provide staff training and signage for guests.
▪ Monitoring and Reporting
- Track waste and submit Annual Waste Diversion Report to the City of Garden Grove.

In addition, if the hotel/operations qualify as a covered edible food generator, the Project will contract with a food recovery organization/service and keep required records. If not covered, the Project will evaluate a partnership during operator onboarding and implement if feasible.
(CAPCOA Measure S-1/S-2) (CAPCOA Measure S-3 is a qualitative measure in CalEEMod and is not quantified in the operational analysis)
MM-GHG-12: Zero Emission Landscape Equipment. During Project operations, the Project Applicant or designee shall ensure zeroemission landscape equipment (defined as equipment that does not emit tailpipe emissions during operation) is utilized. The Project Applicant or designee shall be responsible for ensuring that all During operations City of Garden
Grove
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landscape maintenance contractors and staff comply with this measure. All landscape maintenance activities associated with the Project shall utilize zero-emission landscaping equipment, such as electric-powered or battery-operated tools. This requirement applies to all landscaped areas within the Project site, including but not limited to courtyards, green spaces, perimeter landscaping, and rooftop gardens. The requirement shall be implemented prior to the commencement of landscape maintenance operations. To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Electric-Powered Equipment
▪ Use electric or battery-powered:
- Leaf blowers.
- Lawn mowers.
- Hedge trimmers.
- Edgers.
- Chainsaws.

Contractor Requirements
▪ Include zero-emission equipment requirements in all landscape maintenance contracts.
▪ Require contractors to provide documentation of equipment type and compliance.

On-Site Charging Infrastructure
▪ Install dedicated charging stations or outlets for landscape equipment.

Equipment Inventory and Tracking
▪ Maintain an inventory of all landscape equipment used on site. ▪ Submit an annual compliance report to the City of Garden Grove verifying that only zero-emission equipment is in use.

Training and Education
▪ Provide training to landscape maintenance staff on the proper use and maintenance of electric equipment.
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▪ Display signage or include information in sustainability reports to promote awareness.
(CAPCOA Measure LL-1)
MM-GHG-13: Prohibit Woodburning Devices, Natural Gas Fireplaces, and Fire Pits. Prior to the issuance of building permits, the Project Applicant or designee shall submit building design plans for approval of the City showing the prohibition of on-site woodburning devices, natural gas fireplaces, fire pits, or other decorative combustion features throughout the Project site. Prior to the issuance of the final certificate of occupancy, the City shall confirm that this prohibition has been implemented.

Prior to the issuance of
building permits
City of Garden
Grove
MM-GHG-14: Refrigerant Management Program. Prior to issuance of mechanical permits, the Project Applicant or designee shall develop and submit a Refrigerant Management Program to the City of Garden for review and approval. The Project Applicant or designee shall be responsible for developing, implementing, and maintaining the refrigerant management program in coordination with HVAC contractors and facility operations staff. The Refrigerant Management Program shall include the use of low-GWP refrigerants (e.g., R-32 or better) and incorporate best management practices to reduce emissions from service, operation, and disposal of refrigerants. This measure shall apply to all refrigeration and HVAC systems installed and operated within the Project site, including guest rooms, common areas, kitchens, and mechanical rooms. The Project shall ensure that:
▪ 100% of installed HVAC and refrigeration systems use refrigerants with a GWP ≤ 750, consistent with California Air Resources Board (CARB) regulations.
▪ The refrigerant management program shall achieve a minimum 10% reduction in potential refrigerant emissions compared to standard industry practices, as demonstrated through leak rate tracking and maintenance logs.

Prior to the issuance of
mechanical permits
City of Garden
Grove
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To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Mechanical Equipment
▪ Install microchannel heat exchangers in A/C equipment in place of conventional heat exchangers.

Use of Low-GWP Refrigerants
▪ Select refrigerants such as R-32, R-454B, or other CARBcompliant alternatives with GWP ≤ 750. ▪ Avoid high-GWP refrigerants such as R-410A and R-404A.

Leak Detection and Prevention
▪ Install automatic leak detection systems for large-capacity systems.
▪ Conduct quarterly inspections and maintain leak logs.

Refrigerant Recovery and Disposal
▪ Use certified technicians for refrigerant recovery and disposal. ▪ Maintain documentation of recovered and recycled refrigerants.

Preventive Maintenance Program
▪ Implement a scheduled maintenance plan to inspect and service HVAC and refrigeration systems.
▪ Include refrigerant charge optimization and system performance checks.

Training and Certification
▪ Ensure all HVAC technicians are EPA Section 608 certified. ▪ Provide training on low-GWP refrigerant handling and leak prevention.

Third-Party Verification
▪ Obtain third-party verification of refrigerant management practices through programs such as GreenChill or LEED Enhanced Refrigerant Management credit.

Prior to issuance of certificate of occupancy, the City of Garden Grove will verify that the equipment specified in the Refrigerant 671
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Management Program has been installed. Ongoing compliance shall be performed by the Project Applicant or their designee. (CAPCOA Measures R-1, R-4, R-5, R-6, and R-7)
MM-GHG-15: Carbon Offsets – The Project Applicant (or its designee) shall implement the following carbon offsets in accordance with the Project’s construction and operational phases as outlined below.

Timeline for Acquisition of Carbon Offset Credits
Construction
Prior to issuance of grading permits, the Project Applicant (or its designee) shall purchase and retire carbon offsets in a quantity sufficient to offset all construction GHG emissions in a lump sum with the quantification, performance standards, and requirements set forth below. Alternatively, construction offsets may be purchased on an annual basis by purchasing the first phase of construction offsets prior to start of grading and then purchasing offsets for each following year by December 31 of the year preceding the new year in which construction will occur. Annual construction GHG emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Operation
Prior to issuance of the final certificate of occupancy, the Project Applicant or its designee shall purchase and retire carbon offsets in a quantity sufficient to offset, for a 30-year period following occupancy of the Project, the construction and operational GHG emissions from the Project to the 1,400 MT CO2e per year threshold, consistent with the quantification, performance standards and requirements set forth below. Alternatively, the Project Applicant or its designee may purchase and retire annual operational GHG offsets for a period of 30 years by December 31 of the year preceding each new year after the issuance of the final certificate of occupancy. Annual operational GHG 672
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emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Quantification of GHG Emissions and Reductions Required Construction
The estimated total construction GHG emissions to be offset are 3,362.30 MT CO2e if purchased in a lump sum. If purchased on an annual basis, the following schedule provides the estimated annual emissions and date of compliance.

Year
Offsets Required
(MT CO2e)
Purchase and
Retirement Deadline
1 402.52 Prior to issuance of
grading permits
2 1,434.02 December 31 of Year 1
3 1,410.81 December 31 of Year 2
4 114.95 December 31 of Year 3
Total 3,362.30
Notes: MT CO2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

Operation
The estimated operational emissions are 7,408.02 MT CO2e. To mitigate operational emissions below the 1,400 MT CO2e per year threshold, the Project would purchase and retire one lump sum of 180,270.60 MT CO2e of offsets (7,408.02 MT CO2e − 6,009.02 [offsets] = 1,399 MT CO2e remaining); 6,009.02 MT CO2e × 30-year life = 180,270.60 MT CO2e; or that same total amount of credits in increments over the 30 years. The following schedule provides the estimated offset emissions and dates of compliance under the scenarios where credits are purchased and retired in a lump sum or on an annual basis.
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Scenario
Offsets
Required (MT CO2e
)
Purchase and Retirement
Deadline
Lump sum 180,270.60 Prior to issuance of certificate of occupancy
Annual basis
30-year term
6,009.02 Prior to issuance of certificate of
occupancy for Year 1 and
December 31 of preceding year
Notes: MT CO
2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

If the Project Applicant or its designee selects the scenario where the credits are purchased on something other than in one lump sum initially, they can purchase and retire the remaining offsets required in a lump sum in accordance with the remaining term and conditions outlined herein.

Carbon Offset Standards – Eligible Registries, Acceptable Protocols, Defined Terms, and Geographic Priorities
“Carbon offset” shall mean an instrument, credit or other certification verifying the reduction of GHG emissions issued by the following CARB-accredited registries: Climate Action Reserve, the American Carbon Registry, or Verra (formerly, the Verified Carbon Standard); as well as credits issued for projects listed on the California Carbon Sequestration and Climate Resiliency Project Registry, which is maintained by the California Natural Resources Agency and may provide additional offsets. This shall include, but is not limited to, an instrument, credit or other certification issued by these registries for GHG reduction activities. The Project shall neither purchase offsets from the Clean Development Mechanism registry nor purchase offsets generated under Clean Development Mechanism protocols.

To be eligible under this mitigation measure, carbon offsets must satisfy the “Reporting and Enforcement Standards” below and demonstrate that each registry shall continue its existing practice of requiring the following for the development and approval of protocols or methodologies:

1. Adherence to established GHG accounting principles set forth in the International Organization for Standardization (ISO) 14064, 674
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Part 2 or the World Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) Greenhouse Gas Protocol for Project Accounting; and

2. Oversight of the implementation of protocols and methodologies that define the eligibility of carbon offset projects and set forth standards for the estimation, monitoring and verification of GHG reductions achieved from such projects. The protocols and methodologies shall:
a. Be developed by the registries through a transparent public and expert stakeholder review process that affords an
opportunity for comment and is informed by science;
b. Incorporate standardized offset crediting parameters that define whether and how much emissions reduction credit a carbon offset project should receive, having identified conservative project baselines and the length of the crediting period and considered potential leakage and quantification uncertainties;
c. Establish data collection and monitoring procedures, mechanisms to ensure permanency in reductions, and
additionality and geographic boundary provisions; and
d. Adhere to the principles set forth in the program manuals of each of the aforementioned registries, as such manuals are updated from time to time. The current registry documentation includes the Climate Action Reserve’s Reserve Offset Program Manual1 (April 2024) and Climate Forward Program Manual2 (December 2021); the American Carbon Registry’s The ACR Standard, Requirements and Specifications for the
Quantification, Monitoring, Reporting, Verification, and Registration of Project-Based GHG Emissions Reductions and 1 https://climateactionreserve.org/wp-content/uploads/2024/04/Reserve-Program-Manual-v9.2.pdf. 2 https://climateforward.org/wp-content/uploads/2021/12/Climate-Forward-Program-Manual-December-2021_12-FINAL.pdf. 675
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Removals3 (July 2023); and Verra’s VCS Standard, Program Guide4 (August 2023), and Methodology Requirements5
(October 2023).

The City has reviewed the registries’ methodologies and has determined that protocols established pursuant to such
methodologies – including updates to those protocols and methodologies as may occur from time to time by the registries in accordance with the registry documentation listed in the prior paragraph to ensure the continuing efficacy of the reduction activities – are eligible for use under this mitigation measure.

The carbon offsets purchased to satisfy this measure must represent the reduction or sequestration of one MT CO2e that is “not otherwise required” (CEQA Guidelines Section 15126.4[c][3]). The carbon offsets must achieve the standard of additional, real, permanent, quantifiable, verifiable, and enforceable reductions, which are defined for purposes of this mitigation measure as follows consistent with the applicable provisions in the California Code of Regulations, Title 17:

1. “Additional” means that the carbon offset is not otherwise required by law or regulation, and not any other GHG emissions reduction that otherwise would occur.

2. “Real” means that the GHG reduction underlying the carbon offset results from a demonstrable action or set of actions, and is quantified under the protocol or methodology using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources and sinks within the boundary of the applicable carbon offset project, uncertainty, and the potential for activity-shifting leakage and market-shifting leakage.
3 https://acrcarbon.org/wp-content/uploads/2023/10/ACR-Standard-v8.0.pdf. 4 https://verra.org/documents/vcs-program-guide-v4-4/.
5 https://verra.org/documents/vcs-methodology-requirements-v4-4/. 676
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3. “Verifiable” means that the GHG reduction underlying the carbon offset is well documented, transparent, and set forth in a document prepared by an independent verification body that is accredited through the American National Standards Institute (ANSI).

4. “Permanent” means that the GHG reduction underlying the carbon offset is not reversible; or, when GHG reduction may be reversible, that a mechanism is in place to replace any reversed GHG emission reduction.

6. “Enforceable” means that the implementation of the GHG reduction activity must represent the legally binding commitment of the offset project developer to undertake and carry it out.

Additionally, the “Reporting and Enforcement Standards” below shall ensure that the requirements of this mitigation measure will be enforced, as the City has authority to hold the Applicant accountable and to take appropriate corrective action if it determines that any carbon offsets do not comply with the requirements herein.

Carbon offsets secured from the CARB-accredited registries shall be prioritized in accordance with the following criteria: (1) offsets within the City; (2) offsets within the County, only if in-City offsets are unavailable; (3) offsets within the State of California, only if in-county 677
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offsets are unavailable; (3) offsets within the United States, only if instate offsets are unavailable.6 The above definitions are provided as criteria and performance standards associated with the use of carbon offsets. Such criteria and performance standards are intended only to further construe the standards under CEQA for mitigation related to GHG emissions (see, e.g., State CEQA Guidelines Section 15126.4[a], [c]), and are not intended to apply or incorporate the requirements of any other statutory or regulatory scheme not applicable to the Project (e.g., the Cap-and-Trade Program).

Monitoring, Reporting, and Enforcement Standards
Prior to the timeline identified in the initial section of this mitigation measure, the Project Applicant or its designee shall submit documentation in the form of a report to the City that identifies the quantity of emission reductions required by this mitigation measure, as well as the carbon offset proposed for acquisition to achieve compliance with this measure. For purposes of demonstrating that each offset is additional, real, permanent, quantifiable, verifiable and enforceable, the reports shall include: (i) the applicable protocol(s) and methodologies associated with the carbon offsets, (ii) the thirdparty verification report(s) and statement(s) affiliated with the carbon offset projects, (iii) the unique serial numbers assigned by the registry(ies) to the carbon offset, which serves as evidence that the registry has determined the carbon offset project to have been implemented in accordance with the applicable protocol or methodology and ensures that the offsets cannot be further used in any manner, and (iv) the carbon offset meets the locational attributes 6 For purposes of this provision, offset credits will be deemed “unavailable” if they are either unobtainable generally from the CARB accredited registries, or if on a per-unit basis if such a credit is otherwise available: (a) for offset credits within the City of Garden Grove, more than 2 times as costly as offset credits within the County of Orange, but not within the City of Garden Grove; (b) for offset credits within the County of Orange, more than 5 times as costly as offset credits within California, but not within the County of Orange; or (c) for offset credits within the United States, sufficient offset credits within California are not available for purchase at any cost. 678
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as specified by this mitigation measure and verified through a market survey report prepared by a carbon offset broker that identifies the carbon registry listings reviewed for carbon offset availability, including the related date of inquiry.

The Project Applicant (or its designee) shall select and retain at least one independent, third-party expert on GHG mitigation and offsets to review the documentation provided by the Applicant (or its designee) relating to, among other data, construction- and operation-related emissions, and provide a report with analysis and recommendations to the City (with supporting materials), on whether the Project has complied with the off-site GHG emissions reduction measures set forth in this mitigation measure. The Project Applicant’s (or its designee’s) selection of each expert, who shall not be a current or former employee or agent of the Project Applicant (or its designee), shall be subject to the approval of the City Attorney, which shall not be unreasonably withheld. The Project Applicant (or its designee) shall retain the expert(s) for all offset credit submissions made to the City until all offsets required this mitigation measure are acquired and accepted by the City.

If the City determines that the Project’s carbon offsets at issue in the Project Applicant’s (or their designee’s) submission meet the requirements of this mitigation measure, the offsets required to be acquired by the Project will be proportionally reduced. Upon an affirmative finding from the City that the Project’s carbon offsets are eligible for use under this measure, and within the applicable timeframe required by the first section of this mitigation measure, the Project Applicant (or their designee) shall provide to the City copies of the relevant portions of the GHG offset contracts demonstrating the applicable carbon offsets have been acquired. This will serve as the final documentation required to demonstrate compliance with this mitigation measure.
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If the City determines that the Project’s carbon offsets do not meet the requirements of this mitigation measure, the City shall provide a detailed explanation of the basis for the City’s determination. Carbon offsets not approved by the City as meeting the requirements of this mitigation measure cannot be used to reduce Project GHG emissions and the Applicant will be required to submit qualifying carbon offsets accepted by the City prior to the applicable timeframe specified in the first section of this mitigation measure.
(CAPCOA Measure M-2)
Project Design Features
PDF-4: Construction equipment should be maintained in proper tune. During construction City of Garden Grove
PDF-5: All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as 5 minutes or longer.

During construction City of Garden
Grove
PDF-8: For construction activities other than those addressed by MMGHG-1 and MM-GHG-2, establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.

During construction City of Garden
Grove
PDF-10: Use haul trucks with on-road engines instead of off-road engines for on-site hauling.

During construction City of Garden
Grove
PDF-11: The Project will comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

During operations. City of Garden
Grove
PDF-12: Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

During operations City of Garden
Grove
PDF-21: Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

During operations City of Garden
Grove
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Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
PDF-27: Sustainable Building Materials and Contracting. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including low-VOC paints, Forest Stewardship Council-certified wood, and recycledcontent flooring. The Project is also implementing vendor standards that require environmental product declarations and third-party certifications to verify material sustainability. Materials shall be selected not only for their initial environmental footprint but also for durability and long-term performance, reducing the need for frequent replacement and associated waste.

In addition, the Project Applicant or their designee will include bid language requiring the contractor to prioritize sourcing within the region (e.g., Orange County/Southern California) where pricing and availability are competitive, and to document major material and subcontractor origins in the construction closeout package.

During construction City of Garden
Grove
PDF-28: The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

Prior to project opening City of Garden
Grove
PDF-29: The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

During project construction
for installation and during
project operation for
maintenance and provision
of bicycle repair.

City of Garden
Grove
Transportation
Mitigation Measures
MM-TRA-1: Implement Commute Trip Reduction Marketing: The Project Applicant shall implement a marketing strategy to promote the Project site employer’s Commute Trip Reduction (CTR) program.

Information sharing and marketing promote and educate employees about their travel choices to the employment location beyond driving such as carpooling, taking transit, walking, and biking, thereby reducing VMT and GHG emissions.

Prior to project opening. City of Garden
Grove
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Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
However, to ensure that CTR achieves VMT reduction of at least 4%, the following measures will be incorporated:
a) The Applicant shall provide on site or online commuter information services to employees. The Applicant shall also distribute a quarterly newsletter with tips, success stories, and updates to ensure education and encouragement for the CTR program. b) The CTR shall require the Project Applicant or their designee to appoint a Commute Program Coordinator to oversee the
implementation and management of the marketing strategy. c) The Applicant shall ensure on-site or online subsidized transit pass sales are available to all employees.
d) The Applicant shall provide guaranteed ride home service by matching employees with other employees or providing access to platforms such as Rideharing.com and Lyft that connect riders for daily commutes with nearby drivers.
e) A minimum of 10 preferential parking spaces for
carpools/vanpools shall be provided.
(CAPCOA Measures T-7, T-9-B)
MM-TRA-2: Provide End-of-Trip Bicycle Facilities: The Project shall install and maintain end-of-trip bicycle facilities for employee use.

End-of-trip facilities include bike parking, bike lockers, showers, and personal lockers. The provision and maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions. The Project design includes on-site bicycle racks to accommodate a minimum of 38 short-term bicycle parking spaces and provide bicycle rentals for hotel guests on the ground level and 32 secure long-term bicycle parking spaces for employees; additionally, locker and shower facilities will be provided for employees. (CAPCOA Measure T-10)
During project construction
for installation and during
project operation for
maintenance and provision
of bicycle rentals.

City of Garden
Grove
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Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
Project Design Features
None. N/A N/A N/A N/A
Notes: LEED = Leadership in Energy and Environmental Design; GPCD = gallons per capita per day; GWP = global warming potential; EPA = U.S. Environmental Protection Agency; GHG = greenhouse gas; MT CO2e = metric tons of carbon dioxide equivalent; VOC = volatile organic compound; N/A = not applicable. 683
Findings of Fact and Statement of
Overriding Considerations Pursuant to State
CEQA Guidelines
Site B-2 Hotel Project
SCH NO. 2022060174
EXHIBIT "C" 684
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FINDINGS OF FACT FOR SITE B-2 HOTEL PROJECT 16294
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Table of Contents
SECTION PAGE NO.

Final Supplemental EIR SCH No. 022060174 ................................................................................................................1 I. Introduction ..........................................................................................................................................................1 II. Organization/Format/Nature of Findings...........................................................................................................2 III. Record of Proceedings.........................................................................................................................................3 IV. Location and Custodian of Documents ..............................................................................................................3 V. Environmental Review and Public Participation.................................................................................................4 A. Notice of Preparation and Scoping Meeting.........................................................................................4 B. Draft SEIR and Public Review................................................................................................................4 VI. Responses to Comments.....................................................................................................................................5 VII. Project Location, Description, Objectives, and Approvals .................................................................................6 A. Location ..................................................................................................................................................6 B. Project Description .................................................................................................................................6 C. Project Objectives...................................................................................................................................7 VIII. Environmental Impacts........................................................................................................................................8 A. The Writ and MND Environmental Effect Determinations ...................................................................8 B. Environmental Effects Mitigated to Below a Level of Significance .....................................................9

1. Transportation...........................................................................................................................9

2. Greenhouse Gas Emissions .................................................................................................. 12 C. Effects Found to Be Significant and Unavoidable ............................................................................. 22

1. Greenhouse Gas Emissions .................................................................................................. 22 D. Alternatives .......................................................................................................................................... 31

1. Alternatives Considered but Rejected .................................................................................. 31

2. Reasonable Range of Alternatives........................................................................................ 35 IX. Other CEQA Considerations.............................................................................................................................. 37 A. Growth-Inducing Impacts .................................................................................................................... 37 B. Significant Irreversible Effects............................................................................................................ 38 X. Other CEQA Findings......................................................................................................................................... 39 A. Supplemental Mitigation Monitoring and Reporting Program.......................................................... 39

1. General Finding...................................................................................................................... 39

2. Regulatory Compliance.......................................................................................................... 39 B. Certification of the Final Supplemental Environmental Impact Report, CEQA Guidelines Section 15090..................................................................................................................................... 39 686
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XI. Statement of Overriding Considerations ......................................................................................................... 40 A. Conclusion ........................................................................................................................................... 42

APPENDIX
A Supplemental Mitigation Monitoring and Reporting Program 687
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Final Supplemental EIR SCH No. 022060174
I. Introduction
The City of Garden Grove (City) City Council hereby certifies that it has reviewed and considered the information contained in the Final Supplemental Environmental Impact Report (Final SEIR) and the record of proceedings for the Site B-2 Hotel Project (Project). On February 13, 2024, pursuant to Public Resources Code Section 21168.9(c), Judge Melissa McCormick of the Orange County Superior Court issued the Writ of Mandate (the Writ) with respect to the City’s 2022 Project approval and a Petition for Writ of Mandate (Petition) filed by Marlene Perez, Maria Guadalupe Ortiz, Unite Here Local 11, and VietRISE (Perez et al. v. City of Garden Grove et al., OCSC Case No. 30- 2022-01281816-CU-WM-CC). The scope of the Final SEIR is defined by the Writ and relevant provisions of the California Environmental Quality Act (CEQA).

The City Council certifies that the Final SEIR has been completed in compliance with and in consideration of (i) the Writ; (ii) CEQA, Public Resources Code Section 21000 et seq.; (iii) the state CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (CEQA Guidelines); (iv) City regulations and requirements; and (iv) all other applicable laws. The City Council finds that the Final SEIR reflects the independent judgment of the City (Public Resources Code Section 21082.1[c][3]).

Pursuant to the Writ, the Project’s significant greenhouse gas (GHG) and vehicle miles traveled (VMT) effects were identified in both the Draft SEIR (September 2025) and the Final SEIR (May 2026). Public Resources Code Section 21081 and CEQA Guidelines Section 15091 require that the lead agency prepare written findings for each identified significant impact, accompanied by a brief explanation of the rationale. Section 15091 states, in relevant part:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final SEIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.
(3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final SEIR.

Whenever significant impacts cannot be mitigated to below a level of significance, as the following demonstrates is the case with respect to the Project, the decision-making agency is required to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse effects 688
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may be considered “acceptable,” and the agency may adopt a Statement of Overriding Considerations. CEQA Guidelines Section 15093 states, in relevant part:
(b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

In accordance with the Writ; CEQA (Public Resources Code Section 21081); and the CEQA Guidelines, including, without limitation, Sections 15091, 15093, and 15160, the City Council certifies the Final SEIR, adopts these Findings of Fact and Statement of Overriding Considerations, adopts the Supplemental Mitigation Monitoring and Reporting Program (Supplemental MMRP), and approves the Project. In adopting the Supplemental MMRP, the City Council finds that it meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate the significant effects of the Project.

II. Organization/Format/Nature
of Findings
In compliance with the statutory requirements, these findings are organized as follows:

Introduction to the CEQA Findings and Facts in Support of Findings and Statement of Overriding Considerations for the Site B-2 Hotel Project Final SEIR.

Description of the Project, including an overview of the discretionary actions required for the Project approval and a statement of the Project Objectives.

Findings regarding the environmental impacts of the Project that were evaluated in accordance with the Writ and CEQA and were determined to have those significant or significant effects identified in the Final SEIR which the City has determined, after application of project design features (PDFs), applicable development requirements or feasible mitigation measures identified in the Final SEIR, are less than significant.

Findings regarding project alternatives.

Findings regarding the environmental impacts of the Project that were evaluated in accordance with the Writ and CEQA and were determined to have those significant effects identified in the Final SEIR which even with incorporation of all feasible mitigation measures and consideration of alternatives, the City has determined will have significant and unavoidable impacts and require the adoption of a Statement of Overriding Considerations to approve the Project.

Each category that discusses the Project’s environmental impacts identifies the significance of the effects, PDFs, development or other legal requirements, and mitigation measures relevant to the specific effects being considered, and the findings and facts in support of those findings. 689
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Any finding made by the City shall be deemed made, regardless of where it appears in this document or elsewhere in the record of proceedings. All of the language included in this document constitutes findings by the City, whether or not any particular sentence or clause includes a statement to that effect. The City intends that these findings be considered as an integrated whole and, whether or not any part of these findings fail to cross-reference or incorporate by reference any other part of these findings, that any finding required or committed to be made by the City with respect to any particular subject matter of the Final SEIR, shall be deemed to be made if it appears in any portion of these findings.

III. Record of Proceedings
For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents and other evidence, at a minimum:
▪ The Writ
▪ The NOP and all other public notices issued by the City in conjunction with the SEIR and the City approval process.
▪ The Draft SEIR including all technical appendices and reference materials. ▪ All written comments submitted by agencies or members of the pubic during the public review comment period (or otherwise) on the Draft SEIR.
▪ The Responses to Comments received on the Draft SEIR. ▪ The Mitigation Monitoring and Reporting Program.
▪ The Staff Report and related materials including the MND, written correspondence submitted to the City regarding the Project, Draft SEIR or Final SEIR, prepared resolutions adopted by the City of Garden Grove in connection with the Project and other project approval documents including conditions of approval. ▪ Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.
▪ Any documents expressly cited in these Findings, the Draft SEIR or Final SEIR. ▪ Any other relevant materials required to be in the record of proceedings by Section 21167.6(e) of the Public Resources Code.
▪ The Final SEIR.

IV. Location and Custodian of Documents
The official custodian of the documents and other materials that constitute the record of proceedings upon which the City’s decision is based is identified as follows:

City of Garden Grove
Community Development Department
11222 Acacia Parkway
Garden Grove, California 92840
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This information is provided in compliance with Section 21081.6(a)(2) of the Public Resources Code and with the California Code of Regulations, Title 14, Chapter 3, Section 15091(e).

V. Environmental Review and
Public Participation
A. Notice of Preparation and Scoping Meeting
CEQA establishes mechanisms to inform the public and decision makers about the nature of a proposed project and the extent and types of impacts that the proposed project and alternatives would have on the environment should the proposed project or an alternative be implemented. Pursuant to CEQA Guidelines Section 15082, the City circulated a Notice of Preparation (NOP), published on April 18, 2025, to interested agencies, organizations, and parties. The NOP was also sent to the State Clearinghouse at the California Office of Planning and Research.

The State Clearinghouse assigned a state identification number (SCH No. 2022060174).

The NOP is intended to encourage interagency communication regarding the proposed action so that agencies, organizations, and individuals are afforded an opportunity to respond with specific comments and/or questions regarding the scope and content of the EIR. A public scoping meeting was held on April 30, 2025, at 6:00 p.m. at the Garden Grove Community Meeting Center in the City of Garden Grove to gather additional public input. The 30- day public scoping period ended on May 19, 2025.

Comments received during the NOP public review period and the scoping meeting were considered as part of the preparation of the EIR. The NOP and written comments are included in Appendix A to the Final SEIR. Comments received are also summarized in Final SEIR Table 2-1.

B. Draft SEIR and Public Review
The Draft SEIR was prepared under the direction and supervision of the City. Public review of the Draft SEIR was intended to focus “on the sufficiency of the document in identifying and analyzing the possible impacts on the environment and ways in which the significant effects of the project might be avoided or mitigated” as specified in the Writ and CEQA (14 CCR 15204). The Notice of Completion of the Draft SEIR was filed with the State Clearinghouse as required by CEQA Guidelines Section 15085. In addition, the Notice of Availability of the Draft SEIR was distributed pursuant to CEQA Guidelines Section 15087. The Draft SEIR and related technical appendices were available for review during the 45-day public review period, from September 22 to November 6, 2025, at the following locations:

City of Garden Grove
Economic Development and Housing Department
11222 Acacia Parkway
Garden Grove, California 92840
City of Garden Grove website:
https://ggcity.org/planning/environmental-documents
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Interested agencies and members of the public submitted written comments on the adequacy of the Draft SEIR to the City’s Economic Development and Housing Department.

VI. Responses to Comments
During the public review period, the City received a total of three comment letters from state and local agencies, organizations, and individuals on the Draft SEIR. Written responses have been prepared to all comments received during the comment period (Final SEIR, Chapter 2). A number of emails were sent to the City after the close of the public comment period, but they closely followed three primary themes: (1) use public land for affordable housing, (2) include affordable housing in the Project, and (3) the Project includes insufficient mitigation. The responses to these letters are included in Chapter 5 of the Final SEIR.

The City finds that the modifications made in the Final SEIR do not constitute significant new information requiring recirculation but rather, the information merely clarifies, amplifies, or makes insignificant modifications in an adequate EIR. Those modifications include edits to Mitigation Measure (MM) GHG-1, MM-GHG-3, MM-GHG-5, MMGHG-7, MM-GHG-9, MM-GHG-11, and MM-TRA-2, edits to PDF-27, and the addition of two PDFs, PDF-1 and PDF-2, in response to public comments that will also be conditions of approval. Specifically, the City finds that the additional information (including the changes described above) does not show that any of the following would occur:

A new significant environmental impact would result from implementation of the Project or from a new mitigation measure proposed to be implemented.

A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance.

A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the Project, but the Project’s proponents decline to adopt it.

The Draft SEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

In summary, the City hereby finds that no significant new information has been added to the Final SEIR since public notice was given of the availability of the Draft SEIR that would require recirculation of the SEIR.

In compliance with Section 15088(b) of the CEQA Guidelines, the City has met its obligation to provide written responses to comments to public agencies at least 10 days prior to certifying the Final SEIR. 692
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VII. Project Location, Description,
Objectives, and Approvals
A. Location
The Project site is approximately 3.72 acres of land located at the northwest corner of Harbor Boulevard and Twintree Avenue, along the west and east sides of, and on, Thackery Drive in the City of Garden Grove. Regional access to the Project site is provided by State Route 22 and Interstate 5. Local access to the Project site is provided via Harbor Boulevard and Twintree Avenue.

The Project site is a previously disturbed property where the north/northeastern parcels of the Project site are paved and used for excess parking for the adjacent Sheraton Hotel, whereas the remaining parcels are dirt pads with limited vegetation that are currently vacant. The Project site is located within a fully developed and urbanized area.

The Project site is bounded by a hotel to the north, multi-family housing to the northwest, now vacant, previously developed lots to the east of Harbor Boulevard, commercial and residential uses to the south of Twintree Avenue and residential uses to the west.

B. Project Description
The Project proposes construction and operation of a full-service high-rise (maximum height of 350 feet) resort hotel with hotel program entertainment/pool deck (height of approximately 61 feet). The proposed hotel would include 500 guest suites with balconies. For the exclusive use of hotel patrons, the proposed hotel includes amenities such as a themed pool experience with lazy river; event space with a 600-person maximum occupancy theater; a grand ballroom; meeting rooms, food and beverage opportunities, character themed amenities, an arcade, and a spa and fitness center. The proposed Project would also include a five-level (approximately 61 feet) parking garage with four levels above grade and one level below grade as well as storage and loading areas. A total of 528 parking spaces would be provided within the parking garage.

The Project would implement both construction-related and operational project design features (PDFs) that help avoid or reduce the potential for significant impacts. Project PDFs are identified in the Mitigated Negative Declaration (MND) and additional PDFs from the SEIR were incorporated into the Supplemental MMRP. Consistent with the Writ, the MND PDFs, to the extent not modified and superseded by the Final SEIR and Supplemental MMRP adopted for the Final SEIR, continue to apply to the Project. The PDFs identified in the Final SEIR, which are incorporated into the Supplemental MMRP, include the following:

PDF-4 Construction equipment should be maintained in proper tune.

PDF-5 All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

PDF-8 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible. 693
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PDF-10 Use haul trucks with on-road engines instead of off-road engines for on-site hauling.

PDF-11 The Project should comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

PDF-12 Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

PDF-21 Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

PDF-27 Sustainable Building Materials. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including low-VOC paints, Forest Stewardship Council-certified wood, and recycled-content flooring. The Project is also implementing vendor standards that require environmental product declarations and third-party certifications to verify material sustainability. Materials shall be selected not only for their initial environmental footprint but also for durability and long-term performance, reducing the need for frequent replacement and associated waste.

PDF-28 The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

PDF-29 The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

C. Project Objectives
Section 15124(b) of the CEQA Guidelines requires that an EIR include a statement of the project objectives that “include[s] the underlying purpose of the project and may discuss the project benefits.” The Draft SEIR included the following objectives:
▪ Design, develop, and construct a development on an underutilized property with all required infrastructure in the immediate proximity.
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for an enhanced overnight guest experience with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Develop a project that allows for efficient operations and logistics. ▪ Implement the project site’s International West General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. ▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
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▪ Support increased tourism in the City while also complementing other tourist destinations in surrounding communities.
▪ Generate a material amount of transient occupancy and property tax revenue for the City. ▪ Generate additional construction and operational jobs to support the local and regional economy. ▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.

VIII. Environmental Impacts
Pursuant to the Writ and CEQA and the CEQA Guidelines, the City as the lead agency under CEQA is responsible for certification of the SEIR and, as reflected in this document and the record of proceedings, has made the following findings:

The City Council has reviewed and considered the information in the Final SEIR, which has been completed in compliance with CEQA;
The Final SEIR reflects the City’s independent judgment and analysis; and, The City Council adopts the Supplemental MMRP (Attachment A) to reduce or avoid the significant and mitigable impacts of the Project.

Even with the imposition of the Supplemental MMRP, the Project will have significant and unavoidable impacts as described in the Final SEIR and these findings.

A. The Writ and MND Environmental
Effect Determinations
In 2022, the City Council and/or Successor Agency approved the Project. Those approvals included an amendment of PUD-141-01 establishing development standards for the Project (PUD), a Site Plan approval of the Project design, a Street Vacation, declaration of the intent to vacate and abandon Thackery Drive, adoption of an MND and MMRP, and approval of Disposition and Development Agreements addressing the conveyance and development of the Project site (collectively, Approvals). Those Approvals, and the MND in particular, were challenged in litigation filed in Orange County Superior Court (Perez et.al. v. City of Garden Grove et al. OCSC Case No. 30-2022-01281816-CUWM-CC.). That litigation led to the Court’s entry of the Writ, a copy of which is attached to the Draft SEIR as Appendix B.

Pursuant to the Writ, except as specified in the language from the Writ quoted immediately below, all claims challenging the Approvals were dismissed with prejudice and the City and developer were directed to:
(a) prepare a focused review under CEQA of the Project’s or modified Project’s potentially significant Vehicle Miles Travelled (VMT) and Greenhouse Gas (GHG) impacts; (b) assess whether modifications are needed to the Approvals, including any mitigation measures and conditions of approval, in light of that focused CEQA analysis; and 695
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(c) approve, approve with modifications, or deny the PUD in open session during a publicly agendized meeting of the City Council pursuant to Municipal Code section 9.32.030.

The Project’s potentially significant CEQA impact areas evaluated in the MND, that were validated by the Writ and did not require focused CEQA review, include Aesthetics, Agricultural and Forest Resources, Air Quality, Biological Resources, Cultural Resources, Energy, Geology/Soils, Hazards and Hazardous Materials, Hydrology/Water Quality, Land Use Planning, Mineral Resources, Noise, Population/Housing, Public Services, Recreation, Transportation, Tribal Cultural Resources, Utilities/Service Systems, Wildfire, and Mandatory Findings of Significance. For all those topic areas, the Project impacts were determined to be less than significant and any and all objections to those determinations were dismissed by the Writ or the challenge period has expired. Consistent with the Writ, the Final SEIR conducted the focused review under CEQA of the Project’s potentially significant VMT and GHG emissions impacts.

B. Environmental Effects Mitigated to Below a Level
of Significance
Pursuant to Section 21081(a) of the Public Resources Code and Section 15091(a)(1) of the state CEQA Guidelines, the City finds that, for each of the significant effects described in this Section and as identified in the Final SEIR, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the identified significant effects on the environment to less than significant levels. The significant effects and mitigation measures are stated fully in the Final SEIR and each of the mitigation measures have been imposed. These findings are explained below and are supported by substantial evidence in the record of proceedings. Analysis of the individual findings is set forth below and the record of proceedings includes the substantial evidence supporting the findings.

1. Transportation
Threshold of Significance
▪ Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Mitigation Measures
MM-TRA-1 Implement Commute Trip Reduction Marketing: The Project Applicant shall implement a marketing strategy to promote the Project site employer’s Commute Trip Reduction (CTR) program.

However, to ensure that CTR achieves VMT reduction of at least 4%, the following measures will be incorporated:
a) The Applicant shall provide on-site or online commuter information services to employees.

The Applicant shall also distribute a quarterly newsletter with tips, success stories and updates to ensure education and encouragement for the CTR program. 696
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b) The CTR shall require the Project Applicant or their designee to appoint a Commute Program Coordinator to oversee the implementation and management of the marketing strategy.
c) The Applicant shall ensure on-site or online subsidized transit pass sales are available to all employees.
d) The Applicant shall provide guaranteed ride home service by matching employees with other employees or providing access to platforms such as Rideharing.com and Lyft that connect riders for daily commutes with nearby drivers.
e) A minimum of 10 preferential parking spaces for carpools/vanpools shall be provided. (CAPCOA Measures T-7 and 9B)
MM-TRA-2 Provide End-of-Trip Bicycle Facilities: The Project shall install and maintain end-of-trip bicycle facilities for employee use. End-of-trip facilities include bike parking, bike lockers, showers, and personal lockers. The provision and maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions. The Project design includes on-site bicycle racks to accommodate a minimum of 38 short-term bicycle parking spaces and provide bicycle rentals for hotel guests on the ground level and 32 secure long-term bicycle parking spaces for employees; additionally, locker and shower facilities will be provided for employees. (CAPCOA Measure T-10)
Finding
The City finds that, with implementation of mitigation measure MM-TRA-1 and MM-TRA-2, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the significant effects on the environment as the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b). The City finds that these mitigation measures are feasible, are adopted and would reduce the vehicle miles travelled impacts and the related cumulative impacts of the proposed project to less than significant levels.

Facts in Support of Finding
The Project would have significant impacts related to conflict with CEQA Guidelines Section 15064.3, subdivision (b) that will be mitigated to below significance with the application of MM-TRA-1 and MM-TRA-2. Thus, as mitigated, the Project would have a less than significant impact as the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b). The SEIR evaluated the Project to determine whether a project specific vehicle miles traveled (VMT) analysis was required under the City’s formally adopted VMT Guidelines. Those guidelines provide that projects within a Transit Priority Area (TPA) may be presumed to have a less than significant impact absent substantial evidence to the contrary unless one of four exceptions apply. Although the Project site is within a TPA and substantial evidence supported the conclusion that the four exceptions did not apply, the Final SEIR includes a Project-specific VMT model run and analysis that complies with the methodology established by the VMT Guidelines.

As required by the VMT Guidelines, the Final SEIR’s Project specific VMT analysis evaluated the Project generated VMT and the Project effect on VMT. As the Final SEIR disclosed, and as specified by the VMT Guidelines, the Final SEIR’s VMT analysis used the then current version of OCTAM with socio-economic data to perform a Project specific VMT model run. Using the OCTAM model, the Project generated VMT was calculated using the Origin/Destination 697
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(OD) methodology (which quantifies the total VMT per service population) and the Production/Attraction (PA) methodology (which quantifies the home based work VMT per employee). Under the VMT Guidelines methodology for the OD analysis, the Project is evaluated against the Orange County Baseline OD VMT per service population impact threshold of 21.6. With a Project Baseline OD VMT per service population of 15.2, the Final SEIR demonstrates that the Project has a less than significant direct impact under the OD methodology.

With respect to the Project generated VMT using the PA methodology, the Final SEIR demonstrated that the Project generated HBW VMT per service population would be 15.3. As that amount of HBW VMT per employee exceeds the Orange County impact threshold of 14.6, the Final SEIR disclosed that Project’s direct impacts under the PA methodology would be significant without mitigation. To reduce those potential impacts to less than significance, the attached Supplemental MMRP imposes MM-TRA-1 and MM-TRA-2. MM-TRA-1 imposes a commute trip reduction marketing requirement with a specific performance standard for the Project of at least a 4% VMT reduction through implementation of five specific measures identified in the mitigation measure. MM-TRA-2 requires the Project to install and maintain end of trip bicycle facilities for Project employees. Final SEIR Table 4.2- 4, and the expert prepared technical analysis supporting the same, demonstrate that the Project required a 4.25% reduction in PA VMT to achieve a less than significant impact and the Project with imposition of MM-TRA-1 and MM-TRA-2 would achieve a 4.88% reduction. Therefore, the record reflects that Project with mitigation would have a less than significant direct VMT impact using the PA methodology.

Consistent with the VMT Guidelines, the Final SEIR’s Project effect on VMT analysis uses the link based VMT methodology for the Project’s geographic region. That approach uses the boundary method and link-level VMT within the City boundary. As the VMT Guidelines dictate, the methodology evaluates all trips, including those trips that do not begin or end in the designated boundary, and captures the effect of cut-through and/or displaced traffic. The Project effect on VMT is then calculated by dividing the citywide roadway VMT by the City’s service population. The analysis showed that baseline Project effect on VMT per service population would be 10.96. As that amount of VMT does not exceed the baseline VMT per service population without the Project of 10.96, the direct Project effect on VMT would be less than significant.

Cumulative Transportation Impacts
The SEIR included a quantitative analysis of the Project’s potential for cumulatively considerable impacts per City’s VMT Guidelines. For Project generated VMT using the OD methodology, the Final SEIR demonstrated a less than significant cumulative impact at 13.6 OD VMT per service population compared to the impact threshold of 21.6.

For Project generated VMT using the PA methodology, the Final SEIR’s analysis disclosed a less than significant cumulative impact as the Project generates a HBW VMT per employee of 14.0 was measured against the Orange County HBW VMT per Employee Impact Threshold of 14.6. As the Project generated VMT in the cumulative condition is less than the respective impact thresholds, the cumulative Project generated VMT was determined to be less than significant. Under the Project effect on VMT approach in the cumulative condition, using the link based VMT methodology, the Final SEIR analysis disclosed that the “with Project” VMT per service population would be 11.20.

As the “without Project” cumulative VMT per service population using the link method would be higher at 11.21, the Project’s cumulative VMT effects would be less than significant without mitigation. 698
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2. Greenhouse Gas Emissions
Threshold of Significance
▪ Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (GHG-2)
The SEIR assessed and made a determination as to whether the Project had the potential to conflict with the Southern California Association of Governments (SCAG) Connect SoCal 2024, California Air Resources Board (CARB) 2022 Scoping Plan, and applicable policies of the General Plan.

Mitigation Measures
MM-GHG-1 Construction Equipment Electrification. Prior to issuance of building permits, the Project Applicant’s or designee’s contractor shall submit an Equipment Emissions Minimization Plan for City of Garden Grove (City) approval that:
(1) Identifies all off-road equipment anticipated by phase. (2) Requires generators, cranes, electric scissor/boom lifts, forklifts/telehandlers (where feasible), welders (where feasible), and electric/solar light towers when commercially available. (3) Requires grid power for temporary construction.
(4) Where electric equipment is not available for a listed task, documents non-availability (size/class, delivery lead time, site constraints) and requires the cleanest feasible alternative (Tier 4 Final/zero-emission alternatives as available).

In addition, the Project shall limit air compressors used during the architectural coating/painting phase to equipment that is electric-powered. Compliance shall be demonstrated through equipment lists, rental records, and weekly logs and shall be summarized in a post-construction compliance memo for the Mitigation Monitoring and Reporting Program (MMRP) file. (CAPCOA Measure C-1-A is a quantitative measure)
MM-GHG-2 Construction Office Energy Efficiency. Prior to issuance of building permits, the Applicant or designee shall submit documentation to the City of Garden Grove that temporary construction field office(s) are equipped with energy efficient lighting such as compact fluorescent or LEDs and that heating and cooling units are Energy Star certified.

MM-GHG-3 Construction Debris Recycling. Prior to the start of construction, the Project’s contractor shall develop a Construction Waste Management Plan (Plan) for submittal and approval to the City of Garden Grove. The Plan shall recycle or salvage non-hazardous construction debris including but not limited to wood, metal, concrete, asphalt, and other reusable materials generated during construction activities. The contractor shall implement the Plan to achieve a minimum diversion target of 75% of non-hazardous construction and demolition debris from landfills, exceeding the City’s current 65% diversion requirement. (CAPCOA Measure S-4 is a qualitative measure) 699
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MM-GHG-4 Electric Vehicle Charging Infrastructure. Prior to issuance of building permits, the Project Applicant or designee shall submit a site plan to the City of Garden Grove for approval noting the location of electric vehicle infrastructure and charging stations. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall provide electric vehicle (EV) charging infrastructure within the Project site as required by the applicable California Green Building Standards Code, but that, at a minimum, meets or exceeds 2022 California Green Building Standards Code Tier 2 standards. Tier 2 requires approximately 225 parking spaces to be EV capable, and 75 spaces to be equipped with EV Supply Equipment (EVSE). The Project shall install a minimum of 225 EV capable spaces and 100 EVSE spaces. (CAPCOA Measure T-14 is a qualitative measure)
MM-GHG-5 Guest Vehicle Trip Reductions. Prior to issuance of building permits, the Project Applicant shall submit a site plan to the City of Garden Grove for approval identifying where pedestrian and bicycle connections to adjacent facilities will be provided and where bicycle parking spaces will be provided. The City shall verify the inclusion of pedestrian and bicycle infrastructure prior to the issuance of the final certificate of occupancy. The Project Applicant or designee shall ensure that, at a minimum, the following trip reduction measures are implemented during Project operations to reduce the number of auto-based trips generated by the Project and to encourage the use of transit, bicycling, and walking.
▪ Improve the walkability and design of the Project by providing pedestrian and bicycling connections within the Project site and to adjacent off-site facilities (e.g., sidewalks, crosswalks, wayfinding signage).
▪ Provide secure on-site bicycle racks to accommodate a minimum of 38 bicycle parking spaces and provide bicycle rentals for hotel guests.
▪ Alternative transportation services such bike rentals and transit information shall be seamlessly integrated into the guest experience, making alternative modes of travel easy to understand, access, and use.
▪ Hotel management/concierge should provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include real-time transit information provided through dedicated monitors, interactive electronic displays, websites, or mobile applications identifying local bus routes and schedules, as well as wayfinding to the existing transit stops within the Project vicinity.
▪ Provide a dedicated shuttle service linking the hotel to nearby shopping and entertainment destinations, prioritizing battery-electric vehicles where route length and charging logistics allow; the program may be operated under a vendor contract with scheduled runs during peak guest activity and on-demand service for special events. ▪ Hotel management will make available transit passes for purchase and provide clear wayfinding to public transit and shuttle services.
▪ Qualitative assessments (e.g., user satisfaction surveys, walk audits, guest feedback) shall be regularly conducted to evaluate the effectiveness of trip reduction strategies. ▪ An annual report summarizing how transportation options are being used, guest perceptions, and planned improvements shall be submitted to the City. (CAPCOA Measures T-34, T-38, T-43, and T-44 are qualitative measures) 700
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MM-GHG-6 Limit Large Diesel Trucks During Operation. Prior to issuance of certificate of occupancy, the Project Applicant or designee shall submit a Truck Delivery Management Plan to the City of Garden Grove that documents how truck deliveries will be restricted and monitored. The Project Applicant or designee shall implement a monitoring program to restrict the number of large diesel trucks coming to the site (i.e. for deliveries, trash collection, or other services) to an average of 10 trucks per day or less. This restriction is specifically applicable to trucks classified as medium-heavy duty and heavy-heavy duty with gross vehicle weight (GVW) greater than 19,500 pounds. Annual reports summarizing heavy-duty truck trips shall be provided to the City of Garden Grove. (CAPCOA Measure C-2)
MM-GHG-7 Building Energy Efficiency Measures. Prior to issuance of building permits, the Project Applicant or designee shall submit documentation of building energy efficiency measures to the City of Garden Grove, such that a minimum of 15% above 2022 Title 24 Building Envelope Energy Efficiency Standards is achieved. Energy efficiency measures shall include, at a minimum, the following:

1. LED Lighting – High-lumen LED light fixtures shall be used exclusively for the lighting of spaces throughout the Project that require 8 to 10 watts per fixture.

2. Energy efficient lighting shall be incorporated into all on-site lighting and energy-efficient appliances shall be incorporated into Project operations.

3. HVAC Optimization – The HVAC system shall include the following:
a. Electric heat pumps will be used for space heating and domestic hot water, with all systems integrated and monitored by the Project Building Management System for performance optimization, fault detection, and energy tracking.
b. Smart thermostats, which include a motion sensor detector and door/window open sensors, will be installed in each guest room.
c. The central plant will utilize a Combination Plant with SmartPlate EV.

4. Glazing – All glazing for the tower and exterior public spaces shall be installed with Low-E glass [U-factor (thermal transmittance) ≤ 0.28 and Solar Heat Gain Coefficient (SHGC) ≤ 0.23.

5. Energy Management System – The Project shall use advanced systems to monitor and optimize energy use in real time.

6. Benchmarking and Monitoring – The Project shall incorporate an Energy Star Portfolio Management system to track and manage energy consumption.

7. Third-Party Verification/LEED Certification – The Project shall obtain third-party HVAC commissioning verification or LEED certification of Gold to Platinum to verify energy savings.

8. Battery Energy Storage – The Project would include an on-site battery energy storage system occupying approximately 500 to 1,000 square feet, consisting of modular lithium-ion battery cabinets and associated electrical equipment. The system would be used for peak load management and grid resiliency and would be located within a screened utility area consistent with California Fire Code and Title 24 requirements.
(CAPCOA Measure E-1 is quantified; CAPCOA Measures E-7, E 9, E-22, E-24, and E25 are qualitative)
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MM-GHG-8 Cool Roof/Deck. Prior to issuance of building permits, the Project applicant or designee shall submit plans to the City for approval that require cool roof and cool deck surfaces to be included as part of the Project for the podium and tower, consistent with the specifications provided below. ▪ Cool Roof Installation: All roofing materials shall meet or exceed the California Title 24, Part 6 requirements for cool roofs, based on roof slope:
- Low-sloped roofs (≤ 2:12 pitch):
- Aged Solar Reflectance (SR) ≥ 0.63
- Thermal Emittance (TE) ≥ 0.75
- Or Solar Reflectance Index (SRI) ≥ 75
- Steep-sloped roofs (> 2:12 pitch):
- Aged SR ≥ 0.20
- TE ≥ 0.75
- Or SRI ≥ 16
▪ Cool Deck Surfaces: All exterior hardscape surfaces exposed to sunlight (e.g., pool decks, patios, walkways) shall use high-albedo materials or cool surface coatings with:
- Minimum SR of 0.29 or higher
▪ Or materials with a demonstrated surface temperature reduction of at least 10°F compared to conventional concrete or asphalt
To meet the above standards, the Project Applicant may implement one or more of the following:
▪ Use Energy Star®-rated roofing products or materials listed in the Cool Roof Rating Council (CRRC) directory.
▪ Apply reflective coatings or single-ply membranes with compliant SR and TE values. ▪ Install light-colored or permeable pavers, cool concrete, or coated surfaces for decks and walkways, such as permeable interlocking concrete pavers, porous asphalt, permeable concrete, geocell systems, or bio-asphalt.
▪ Incorporate green roofs or vegetated shading structures as alternative compliance pathways (subject to City approval).

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MM-GHG-10 Water Conservation. Prior to receiving the final certificate of occupancy, the Project Applicant or designee shall submit a Water Conservation Compliance Report to the City of Garden Grove for review and approval. The Project shall achieve a minimum 10% reduction in total water use compared to the baseline of 167 gallons per room per day as identified in the Water Supply Assessment (Psomas 2022). This equates to a target of no more than 150.3 GPCD at full occupancy. The Water Conservation Compliance Report shall include product specifications for all water-saving fixtures and systems, landscape and irrigation plans, greywater system design and capacity documentation, post-occupancy water use monitoring plan for the first 12 months after occupancy. To meet or exceed the performance standard, the Project may implement a combination of the following water conservation strategies:
▪ Low-Flow Water Fixtures for guest rooms and public areas ▪ Smart Irrigation System – outdoor landscaping shall include weather-based irrigation controllers and drought-resistant landscaping to minimize outdoor water use ▪ Greywater Recycling
(CAPCOA Measures W-2, W-5, and W-7 are quantified)
MM-GHG-11 Waste Reduction. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall submit a Waste Management, Recycling, and Composting Plan to the City of Garden Grove for review and approval. The program shall be implemented on-site at the Project location and apply to all operational areas, including guest services, food and beverage operations, maintenance, and administrative functions. The waste reduction program shall be fully implemented during Project operations. The Plan shall specify a minimum diversion of 25% of municipal solid waste, including organics, generated on site from landfill disposal. The Waste Management, Recycling, and Composting Plan may include but not be limited to the following:
▪ Recycling Program
- Provide labeled bins for recyclables and certified hauler contracts. - Promote recycled paper and other products like soap.
▪ Organics and Composting Program
- Collect food scraps and compostables.
▪ Source Reduction Measures
- Reduce single-use items and paper use.
- Ban disposable (i.e., designed to be used once and discarded) foodware items and accessories.
- Allow customers to bring their own reusable items.
- Require hand soap in refillable containers.
- Do not provide water in plastic bottles or disposable single-use cups. - Do not use expanded polystyrene (i.e., Styrofoam).
- Require reusable napkins and tablecloths with recyclable disposable napkins only for takeout.
- Provide hand dryers in areas accessible to customers. 703
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- Require reusable laundry bags.
- Require reusable dishware for room service.
- Offer toiletries on request rather than automatically. - Provide key cards made of non-plastic materials, including traditional metal keys or wood, bamboo, and paper options for chip-based cards.
- Incentivize returning keys to discourage waste.
- Provide non-plastic shower caps, razors, shaving cream, slippers, eye masks, and ear plugs.
- Remove minifridge items that use plastic.
- Eliminate the use of garbage bags if possible, or use garbage bags made of compostable material.
- Serve employee meals with reusable dishware and cutlery and provide reusable water bottles for all employees with accessible water bottle refill stations. - Replace paper towels with reusable dish rags.
▪ Employee and Guest Education
- Provide staff training and signage for guests.
▪ Monitoring and Reporting
- Track waste and submit Annual Waste Diversion Report to the City of Garden Grove.

In addition, if the hotel/operations qualify as a covered edible food generator, the Project will contract with a food recovery organization/service and keep required records. If not covered, the Project will evaluate a partnership during operator onboarding and implement if feasible. (CAPCOA Measure S-1/S-2 is quantified; CAPCOA Measure S-3 is a qualitative measure in CalEEMod and is not quantified in the operational analysis)
MM-GHG-12 Zero Emission Landscape Equipment. During Project operations, the Project Applicant or designee shall ensure zero-emission landscape equipment (defined as equipment that does not emit tailpipe emissions during operation) is utilized. The Project Applicant or designee shall be responsible for ensuring that all landscape maintenance contractors and staff comply with this measure. All landscape maintenance activities associated with the Project shall utilize zeroemission landscaping equipment, such as electric-powered or battery-operated tools. This requirement applies to all landscaped areas within the Project site, including but not limited to courtyards, green spaces, perimeter landscaping, and rooftop gardens. The requirement shall be implemented prior to the commencement of landscape maintenance operations. To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Electric-Powered Equipment
▪ Use electric or battery-powered:
- Leaf blowers.
- Lawn mowers.
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- Hedge trimmers.
- Edgers.
- Chainsaws.

Contractor Requirements
▪ Include zero-emission equipment requirements in all landscape maintenance contracts. ▪ Require contractors to provide documentation of equipment type and compliance.

On-Site Charging Infrastructure
▪ Install dedicated charging stations or outlets for landscape equipment.

Training and Education
▪ Provide training to landscape maintenance staff on the proper use and maintenance of electric equipment.
▪ Display signage or include information in sustainability reports to promote awareness. (CAPCOA Measure LL-1 is quantified)
MM-GHG-13 Prohibit Woodburning Devices, Natural Gas Fireplaces and Fire Pits. Prior to the issuance of building permits, the Project Applicant or designee shall submit building design plans for approval of the City showing the prohibition of on-site woodburning devices, natural gas fireplaces, fire pits, or other decorative combustion features throughout the Project site. Prior to the issuance of the final certificate of occupancy, the City shall confirm that this prohibition has been implemented.

MM-GHG-14 Refrigerant Management Program. Prior to issuance of mechanical permits, the Project Applicant or designee shall develop and submit a Refrigerant Management Program to the City of Garden for review and approval. The Project Applicant or designee shall be responsible for developing, implementing, and maintaining the refrigerant management program in coordination with HVAC contractors and facility operations staff. The Refrigerant Management Program shall include the use of low-GWP refrigerants (e.g., R-32 or better) and incorporate best management practices to reduce emissions from service, operation, and disposal of refrigerants. This measure shall apply to all refrigeration and HVAC systems installed and operated within the Project site, including guest rooms, common areas, kitchens, and mechanical rooms. The Project shall ensure that:
▪ 100% of installed HVAC and refrigeration systems use refrigerants with a GWP ≤≤ 750, consistent with California Air Resources Board (CARB) regulations. 705
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▪ The refrigerant management program shall achieve a minimum 10% reduction in potential refrigerant emissions compared to standard industry practices, as demonstrated through leak rate tracking and maintenance logs.

To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Mechanical Equipment
▪ Install microchannel heat exchangers in A/C equipment in place of conventional heat exchangers.

Use of Low-GWP Refrigerants
▪ Select refrigerants such as R-32, R-454B, or other CARB-compliant alternatives with GWP ≤ 750. ▪ Avoid high-GWP refrigerants such as R-410A and R-404A.

Leak Detection and Prevention
▪ Install automatic leak detection systems for large-capacity systems. ▪ Conduct quarterly inspections and maintain leak logs.

Refrigerant Recovery and Disposal
▪ Use certified technicians for refrigerant recovery and disposal. ▪ Maintain documentation of recovered and recycled refrigerants.

Preventive Maintenance Program
▪ Implement a scheduled maintenance plan to inspect and service HVAC and refrigeration systems. ▪ Include refrigerant charge optimization and system performance checks.

Training and Certification
▪ Ensure all HVAC technicians are EPA Section 608 certified. ▪ Provide training on low-GWP refrigerant handling and leak prevention.

Third-Party Verification
▪ Obtain third-party verification of refrigerant management practices through programs such as GreenChill or LEED Enhanced Refrigerant Management credit.

Prior to issuance of certificate of occupancy, the City of Garden Grove will verify that the equipment specified in the Refrigerant Management Program has been installed. Ongoing compliance shall be performed by the Project Applicant or their designee. (CAPCOA Measures R-1, R-4, R-5, R-6 are quantified, CAPCOA Measure R-7 is qualitative and not quantified) 706
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MM-TRA-1 Implement Commute Trip Reduction Marketing: The Project Applicant shall implement a marketing strategy to promote the Project site employer’s Commute Trip Reduction (CTR) program.

However, to ensure that CTR achieves VMT reduction of at least 4%, the following measures will be incorporated:
a) The Applicant shall provide on site or online commuter information services to employees. The Applicant shall also distribute a quarterly newsletter with tips, success stories, and updates to ensure education and encouragement for the CTR program. b) The CTR shall require the Project Applicant or their designee to appoint a Commute Program Coordinator to oversee the implementation and management of the marketing strategy. c) The Applicant shall ensure on-site or online subsidized transit pass sales are available to all employees.
d) The Applicant shall provide guaranteed ride home service by matching employees with other employees or providing access to platforms such as Rideharing.com and Lyft which connect riders for daily commutes with nearby drivers.
e) A minimum of 10 preferential parking spaces for carpools/vanpools shall be provided. (CAPCOA Measures T-7 and T-9-B are quantifiable measures, but no GHG reductions are taken for those measures)
MM-TRA-2: Provide End-of-Trip Bicycle Facilities: The Project shall install and maintain end-of-trip bicycle facilities for employee use. End-of-trip facilities include bike parking, bike lockers, showers, and personal lockers. The provision and maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions. The Project design includes on-site bicycle racks to accommodate a minimum of 38 short-term bicycle parking spaces and provide bicycle rentals for hotel guests on the ground level and 32 secure long-term bicycle parking spaces for employees; additionally, locker and shower facilities will be provided for employees. (CAPCOA Measure T-10 is a quantifiable measure, but no GHG reduction is taken for this measure)
Project Design Features
Construction
PDF-4 Construction equipment should be maintained in proper tune.

PDF-5 All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as 5 minutes or longer. (CAPCOA Measure C-2)
PDF-8 For construction activities other than those addressed by MM-GHG-1 and MM-GHG-2, establish an electricity supply to the construction site and use electric powered equipment instead of dieselpowered equipment or generators, where feasible. (CAPCOA Measure C-1-A) 707
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PDF-10 Use haul trucks with on-road engines instead of off-road engines for on-site hauling.

Operations
PDF-11 The Project will comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

PDF-12 Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

PDF-21 Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

PDF-27 Sustainable Building Materials and Contracting. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including low-VOC paints, Forest Stewardship Council-certified wood, and recycled-content flooring. The Project is also implementing vendor standards that require environmental product declarations and third-party certifications to verify material sustainability. Materials shall be selected not only for their initial environmental footprint but also for durability and long-term performance, reducing the need for frequent replacement and associated waste.

PDF-28 The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

PDF-29 The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

Finding
The City finds that, with implementation of MM-GHG-1 through MM-GHG-14 and PDFs 4, 5, 8,10,11, 12, 21, 27, 28, and 29, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid the potentially significant effects on the environment. With the incorporation of the measures identified in the Supplemental MMRP, the Project would have a less than significant impact related to a conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. The City finds that these mitigation measures and PDFs are feasible, are adopted, and would reduce the potentially significant GHG impacts related to this significance threshold to a less than significant level.

Facts in Support of Finding
The Final SEIR’s analysis of significance threshold GHG-2 showed that the Project would conflict with some of the applicable Connect SoCal 2024 Plan, the 2022 Scoping Plan, and the General Plan goals and policies adopted for 708
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the purpose of reducing the emissions of GHGs. With respect to this threshold of significance and prior to imposition of applicable mitigation and the PDFs, potentially significant impacts would occur. With the application of MM-GHG1 through MM-GHG-14, MM-TRA-1 and MM-TRA-2, and the applicable PDFs, the Project impact would be reduced to less than significant under significance threshold GHG-2. The Final SEIR analyzed the Project in relation to each of the relevant goals, policies, implementation measures and sectors from the above-referenced plans. Final SEIR Tables 4.1.6, 4.1.7, and 4.1.8 summarize the analysis and categorize the Project’s potential to conflict with those plans into determinations of no conflict, not applicable, and no conflict with mitigation. Each categorization includes a summary of the analysis that supports the determination. For those areas where the determination was “no conflict with mitigation,” the summary describes how the applicable mitigation measure or PDF eliminate the potential conflict. As disclosed in Tables 4.1.6, 4.1.7, and 4.1.8, the Project would support infill development and transit‑adjacent land use patterns consistent with Connect SoCal 2024; avoid interference with implementation of state GHG reduction strategies identified in the 2022 Scoping Plan, including smart growth, transportation electrification, building efficiency, and reduction of high‑GWP emissions; and be consistent with applicable Garden Grove General Plan goals and policies that provide GHG‑reduction co‑benefits related to air quality, conservation, circulation, and climate resilience. The analysis demonstrates that, as mitigated, the Project would have a less than significant impact because the Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.

C. Effects Found to Be Significant and Unavoidable
CEQA Guidelines Section 15126.2(b) requires that an EIR describe any significant impacts that cannot be avoided, including those impacts that can be mitigated but not reduced to a less-than-significant level. As discussed in the Final EIR, implementation of the Project would result in significant impacts that cannot feasibly be mitigated below a level of significance with respect to threshold of significance GHG-1.

1. Greenhouse Gas Emissions
Threshold of Significance
▪ Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (GHG-1)
Mitigation Measures
The Supplemental MMRP imposes MM-GHG-1 through MM-GHG-14 as feasible mitigation measures, as well as PDFs 4, 5, 8, 10, 11, 12, 21, 27, 28, and 29, all of which would reduce the Project’s impacts under significance threshold GHG-2 to less than significant. The Final SEIR discloses that those measures, while feasible and adopted, would not reduce the Project’s impacts under significant threshold GHG-1 to a less than significant level. The Final SEIR also identified MM-GHG-15 as a potential mitigation measure that, if feasible, would reduce the Project’s potential GHG impacts under threshold GHG-1 to less than significant. As discussed in the Final SEIR and demonstrated below, MM-GHG-15 imposes an obligation on the Project to acquire carbon offset credits.

MM-GHG-15 Carbon Offsets. The Project Applicant (or its designee) shall implement the following carbon offsets in accordance with the Project’s construction and operational phases as outlined below. 709
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Timeline for Acquisition of Carbon Offset Credits
Construction
Prior to issuance of grading permits, the Project Applicant (or its designee) shall purchase and retire carbon offsets in a quantity sufficient to offset all construction GHG emissions in a lump sum with the quantification, performance standards, and requirements set forth below. Alternatively, construction offsets may be purchased on an annual basis by purchasing the first phase of construction offsets prior to start of grading and then purchasing offsets for each following year by December 31 of the year preceding the new year in which construction will occur. Annual construction GHG emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Operation
Prior to issuance of the final certificate of occupancy, the Project Applicant or its designee shall purchase and retire carbon offsets in a quantity sufficient to offset, for a 30-year period following occupancy of the Project, the construction and operational GHG emissions from the Project to the 1,400 MT CO2e per year threshold, consistent with the quantification, performance standards and requirements set forth below. Alternatively, the Project Applicant or its designee may purchase and retire annual operational GHG offsets for a period of 30 years by December 31 of the year preceding each new year after the issuance of the final certificate of occupancy. Annual operational GHG emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Year Offsets Required (MT CO2e) Purchase and Retirement Deadline 1 402.52 Prior to issuance of grading permits
2 1,434.02 December 31 of Year 1
3 1,410.81 December 31 of Year 2
4 114.95 December 31 of Year 3
Total 3,362.30 N/A
Notes: MT CO2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

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remaining); 6,009.02 MT CO2e × 30-year life = 180,270.60 MT CO2e; or that same total amount of credits in increments over the 30 years. The following schedule provides the estimated offset emissions and dates of compliance under the scenarios where credits are purchased and retired in a lump sum or on an annual basis.

Scenario Offsets Required (MT CO2e) Purchase and Retirement Deadline Lump sum 180,270.60 Prior to issuance of certificate of occupancy Annual basis
30-year term
6,009.02 Prior to issuance of certificate of occupancy for Year 1 and December 31 of preceding year.

Note: MT CO2e = metric tons of carbon dioxide equivalent.

1. Adherence to established GHG accounting principles set forth in the International Organization for Standardization (ISO) 14064, Part 2 or the World Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) Greenhouse Gas Protocol for Project Accounting; and

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c. Establish data collection and monitoring procedures, mechanisms to ensure permanency in reductions, and additionality and geographic boundary provisions; and d. Adhere to the principles set forth in the program manuals of each of the aforementioned registries, as such manuals are updated from time to time. The current registry documentation includes the Climate Action Reserve’s Reserve Offset Program Manual1 (April 2024) and Climate Forward Program Manual2 (December 2021); the American Carbon Registry’s The ACR Standard, Requirements and Specifications for the Quantification, Monitoring, Reporting, Verification, and Registration of Project-Based GHG Emissions Reductions and Removals3 (July 2023); and Verra’s VCS Standard, Program Guide4 (August 2023), and Methodology Requirements5 (October 2023).

The City has reviewed the registries’ methodologies and has determined that protocols established pursuant to such methodologies – including updates to those protocols and methodologies as may occur from time to time by the registries in accordance with the registry documentation listed in the prior paragraph to ensure the continuing efficacy of the reduction activities – are eligible for use under this mitigation measure.

1. “Additional” means that the carbon offset is not otherwise required by law or regulation, and not any other GHG emissions reduction that otherwise would occur.

5. “Quantifiable” means the ability to accurately measure and calculate the GHG reduction relative to a project baseline in a reliable and replicable manner for all GHG emission sources 1 https://climateactionreserve.org/wp-content/uploads/2024/04/Reserve-Program-Manual-v9.2.pdf. 2 https://climateforward.org/wp-content/uploads/2021/12/Climate-Forward-Program-Manual-December-2021_12-FINAL.pdf. 3 https://acrcarbon.org/wp-content/uploads/2023/10/ACR-Standard-v8.0.pdf. 4 https://verra.org/documents/vcs-program-guide-v4-4/.
5 https://verra.org/documents/vcs-methodology-requirements-v4-4/. 712
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and sinks included within the boundary of the carbon offset project, while accounting for uncertainty and leakage.

6. “Enforceable” means that the implementation of the GHG reduction activity must represent the legally binding commitment of the offset project developer to undertake and carry it out.

The City has reviewed and determined that methodologies and protocols established by American Climate Registry, Climate Action Reserve, and Verra establish and require carbon offset projects to comply with standards designed to achieve additional, real, permanent, quantifiable, verifiable, and enforceable reductions. Additionally, the “Reporting and Enforcement Standards” below shall ensure that the requirements of this mitigation measure will be enforced, as the City has authority to hold the Applicant accountable and to take appropriate corrective action if it determines that any carbon offsets do not comply with the requirements herein.

Carbon offsets secured from the CARB-accredited registries shall be prioritized in accordance with the following criteria: (1) offsets within the City; (2) offsets within the County, only if in-City offsets are unavailable; (3) offsets within the State of California, only if in-county offsets are unavailable; (3) offsets within the United States, only if in-state offsets are unavailable.6 The above definitions are provided as criteria and performance standards associated with the use of carbon offsets. Such criteria and performance standards are intended only to further construe the standards under CEQA for mitigation related to GHG emissions (see, e.g., state CEQA Guidelines Section 15126.4[a], [c]), and are not intended to apply or incorporate the requirements of any other statutory or regulatory scheme not applicable to the Project (e.g., the Cap-andTrade Program).

Monitoring, Reporting, and Enforcement Standards
Prior to the timeline identified in the initial section of this mitigation measure, the Project Applicant or its designee shall submit documentation in the form of a report to the City that identifies the quantity of emission reductions required by this mitigation measure, as well as the carbon offset proposed for acquisition to achieve compliance with this measure. For purposes of demonstrating that each offset is additional, real, permanent, quantifiable, verifiable and enforceable, the reports shall include: (i) the applicable protocol(s) and methodologies associated with the carbon offsets, (ii) the third-party verification report(s) and statement(s) affiliated with the carbon offset projects, (iii) the unique serial numbers assigned by the registry(ies) to the carbon offset, which serves as evidence that the registry has determined the carbon offset project to have been implemented in accordance with the applicable protocol or methodology and ensures that the offsets cannot be further used in any manner, and (iv) the carbon offset meets the locational attributes as specified by this mitigation measure and verified through a market survey report prepared by a carbon offset 6 For purposes of this provision, offset credits will be deemed “unavailable” if they are either unobtainable generally from the CARB accredited registries, or if on a per-unit basis if such a credit is otherwise available: (a) for offset credits within the City of Garden Grove, more than 2 times as costly as offset credits within the County of Orange, but not within the City of Garden Grove; (b) for offset credits within the County of Orange, more than 5 times as costly as offset credits within California, but not within the County of Orange; or (c) for offset credits within the United States, sufficient offset credits within California are not available for purchase at any cost.
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broker that identifies the carbon registry listings reviewed for carbon offset availability, including the related date of inquiry.

If the City determines that the Project’s carbon offsets do not meet the requirements of this mitigation measure, the City shall provide a detailed explanation of the basis for the City’s determination. Carbon offsets not approved by the City as meeting the requirements of this mitigation measure cannot be used to reduce Project GHG emissions and the Applicant will be required to submit qualifying carbon offsets accepted by the City prior to the applicable timeframe specified in the first section of this mitigation measure. (CAPCOA Measure M-2) Finding
Specific economic, legal, social, technological, or other considerations make infeasible the MM-GHG-15 identified in the Final SEIR. Therefore, notwithstanding the imposition of MM-GHG-1 through MM-GHG-15, the PDFs and MM-TRA-1 and MM-TRA-2, the Project’s impact under significance threshold GHG-1 is considered significant and unavoidable.

Facts in Support of Finding
Consistent with significance threshold GHG-1, Final SEIR Section 4.1 and the related technical appendix evaluated whether the Project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment. The Final SEIR discloses and discusses the regulatory, scientific and factual environmental setting relative to GHG emissions, including, without limitations, the science behind climate change, the sources of GHG emissions, potential effects of climate change, and applicable federal, state, regional, and local plans, policies, and regulations. As required by CEQA Guidelines Section 15064.4(a), the City made a “good faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of” GHG emissions 714
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resulting from the Project. Consistent with that provision, the Final SEIR quantifies the Project’s expected construction and operational GHG emissions.

CEQA Guidelines section 15064.7 provides that a lead agency like the City,“[w]hen adopting or using thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies, or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.” As the Final SEIR discusses and discloses, the City used a conservative methodology that is based on the methodology developed by the South Coast Air Quality Management District (“SCAQMD”), the air quality district for the area where the Project is located. Exercising its discretion as a lead agency, although a 3,000 metric tons of carbon dioxide equivalent (MTCO2e) per year threshold was recommended by the SCAQMD methodology for all non-industrial projects, the Final SEIR conservatively utilized the SCAQMD developed Tier 3 threshold of 1,400 MTCO2e per year for commercial projects for the Project. The Final SEIR’s conservative methodology applies the lowest numeric GHG emissions significance threshold identified by the SCAQMD guidance documents.

For purposes of disclosing the potentially significant GHG impacts under significance threshold GHG-1, the Final SEIR methodology involved the use of CalEEMod to calculate the annual GHG emissions based on the Project’s construction and operations. The SEIR describes factors and Project features relevant to the calculation of emissions including, without limitations, the number of hotel rooms, the number of parking spaces, VMT estimates identified in the Final SEIR VMT analysis, a worst-case construction timeline, and Project amenities only being available to registered hotel guests. Operational emission estimates considered different Project sources of GHG emissions, including mobile, area, energy, water, wastewater, sold waste, refrigerants and stationary sources.

The unmitigated annual operational emissions plus amortized construction emissions totaled 8,124.48 MTCO2e which exceeds the 1,400 MTCO2e numerical significance threshold utilized by the City. Using CalEEMod and other information disclosed in the SEIR, the SEIR analyzed and disclosed the Project’s GHG emissions with implementation of the identified mitigation measures and PDFs. That analysis identifies whether, under CalEEMod and other applicable guidance, a particular mitigation measure or PDF results in a quantifiable emission reduction or a qualitative benefit for purposes of the quantification of the Project’s mitigated GHG emissions. The Final SEIR includes an explanation of reasons for characterizing a particular mitigation measure or PDF as qualitative in nature. The analysis of mitigated emissions without imposition of MM-GHG-15 shows that Project emissions would remain above the 1,400 MTCO2e significance threshold. The mitigated annual operational emissions without MMGHG-15 plus amortized construction emissions totaled 7,520.09 MTCO2e. Thus, the combination of the Supplemental MMRP imposing as binding, on-site obligations in the form of MM-GHG-1 through MM-GHG-14, MMVMT-1 and MM-VMT-2 as well as the applicable PDFs, are insufficient to reduce the Project’s GHG emissions below the 1,400 MTCO2e significance threshold.

Given that the Project would still exceed the significance threshold despite imposition of the mitigation measures and PDFs other than MM-GHG-15, the City also included MM-GHG-15 as a mitigation measure. The Final SEIR explains that carbon offset credits as mitigation was considered and incorporated following implementation of all feasible construction and operational (on-site) mitigation measures. The Draft SEIR incorporates feasible and effective PDFs and mitigation measures that directly reduce the Project’s potentially significant GHG emissions, including mobile and energy-related GHG emissions. These measures were selected because they are feasible and capable of substantially reducing emissions, as required by CEQA Guidelines Section 15126.4(a)(1). CEQA does not require adoption of measures that are infeasible or fail to achieve meaningful reductions. 715
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The Final SEIR clarifies that CEQA does not require a lead agency to adopt every potentially applicable GHG reduction measure identified in guidance documents, including the California Air Pollution Control Officers Association (CAPCOA) Quantifying Greenhouse Gas Mitigation Measures report. CAPCOA expressly recognizes that its measures are not prescriptive, are not universally feasible for all projects, and are intended to serve as a menu of potential strategies that must be evaluated considering project‑specific constraints. The City determined, and the record supports, that the Project incorporated all CAPCOA‑type measures that were feasible and effective for this Project. As noted in the Final EIR, CEQA does not require inclusion of any CAPCOA measures for a GHG analysis.

The Draft SEIR analyzed and disclosed the Project’s potentially significant GHG impacts with and without mitigation.

That analysis included an evaluation of PDFs and feasible mitigation measures, some of which were based on measures identified in CalEEMod or on CAPCOA recommendations. The Project’s PDFs and mitigation measures do not repeat CAPCOA language verbatim; rather, they were intentionally tailored to reflect Project-specific design features, construction methods, and operational characteristics. This approach is consistent with CEQA best practice and CAPCOA guidance, which anticipates that lead agencies will adapt recommended measures to suit individual projects.

The Final SEIR further explains that CEQA does not require rejection or exhaustion of every conceivable alternative mitigation approach before a lead agency may rely on carbon offset credits. Rather, CEQA requires the adoption of all feasible mitigation measures that would substantially lessen a significant impact. This approach is consistent with CEQA Guidelines sections 15021 and 15091, as well as with statewide and regional agency guidance.

The incorporation of carbon offset credits as mitigation is consistent with Tier 5 of the SCAQMD guidance and other CEQA guidance which includes implementation of a program of purchasing GHG offset credits. Specifically, the use of carbon offsets as a CEQA mitigation strategy for the reduction of GHG emissions was memorialized with the Senate Bill 97-directed amendments to the CEQA Guidelines, as adopted by Office of Planning and Research (now Office of Land Use and Climate Innovation) and the California Natural Resources Agency circa 2009. The use of offsite actions and credits, such as carbon offsets, to mitigate GHG impacts are based on the following:
▪ CEQA Section 15126.4 (c)(3) states that mitigation measures for GHG emissions may include “offsite measures, including offsets that are not otherwise required, to mitigate a project’s emissions” ▪ CEQA Section 151370 (e) states that mitigation includes “Compensating for the impact by replacing or providing substitute resources or environments”
▪ The California Natural Resources Agency’s Final Statement of Reasons for Regulatory Action for the CEQA Guidelines Amendments (2009) also supports the use of GHG credits: “Proposed subdivision (c)(3) recognizes the availability of various offsite mitigation measures. Such measures could include, among others, the purchase of carbon offsets, community energy conservation projects, and off-site forestry projects.”
The adopted MM-GHG-15 requires the purchase and retirement of carbon offset credits from one of the following CARB-accredited registries: Climate Action Reserve, the American Carbon Registry, or Verra (formerly, the Verified Carbon Standard), as well as credits issued for projects listed on the California Carbon Sequestration and Climate Resiliency Project Registry, which is maintained by the California Natural Resources Agency. MM-GHG-15 requires the acquisition and retirement of the quantity of credits needed to reduce operational GHG emissions plus amortized construction emissions to below the 1,400 MT CO2e significance threshold for the life of the Project (30 years). The City has determined that a 30-year project life is appropriate for the measure and presents the reasonable limits of scientific and evidentiary data for the Project, given current modeling tools, the changing 716
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regulatory structure, the level of unknowns beyond 2050 with respect to regulatory programs mandating further reductions in GHG emissions, and other available information. MM-GHG-15 also details the performance standard, a locational hierarchy for carbon offset credits, and the specific requirements and procedures the City and Project owner must use to purchase and retire qualifying carbon offset credits. As expressly addressed in MM-GHG-15, and the record of Project proceedings reflect, the identified carbon offset credits qualify as additional, real, permanent, quantifiable, verifiable and enforceable.

Notwithstanding that the analysis demonstrates that the acquisition and retirement of qualifying carbon offset credits, as one of the range of measures imposed by the Supplemental MMRP, would reduce the Project’s total GHG emissions below the GHG-1 significance threshold, the SEIR conservatively discloses that Project impacts would be treated as significant and unavoidable. As explained in the California Air Resources Board’s 2023 white paper on carbon offset integrity and durability,7 other jurisdictions have utilized carbon offset credits as feasible mitigation sufficient to reduce project impacts to less than significance. Various air quality management districts have also created policies or identified practices that recognize carbon offset credits as part of a menu of options to feasibly reduce the potentially significant GHG impacts of projects.

The City’s significance determination recognizes the potential viability of GHG offset credits as a means of reducing to less than significant the Project’s GHG impacts under significance threshold GHG-1. The City’s determination also recognizes that technical, legal, political, economic and other forms of uncertainty exist as to whether a sufficient supply of qualifying carbon offset credits will exist for the 30 year life of the Project that would result in actual, quantifiable, and enforceable reductions of the Project-generated operational and construction GHG below the 1,400 MT CO2e significance threshold. This determination of uncertainty applies to all carbon offset credit programs and is not specific to the carbon offset credit methodology and procedures identified in the Final SEIR.

The MM-GHG-15 methodology and process are consistent with the approach to GHG mitigation used by other jurisdictions to satisfy CEQA’s requirements. The determination of CEQA infeasibility also recognizes that qualifying offset projects may be subject to reversal, market variability, regulatory changes, or conditions beyond the control of the lead agency and Project owner that create doubt about the ability of MM-GHG-15 to sufficiently reduce Project impacts to a less than significant level. The City also adopts this infeasibility finding because uncertainty exists as to the long-term effectiveness of verification standards and monitoring.

For those and other reasons identified in the record of proceedings for the Project, the City concludes that, notwithstanding the imposition of MM-GHG-1 through MM-GHG-15, MM-TRA-1 and MM-TRA-2 and PDFs such as 4, 5, 8, 10, 11, 12, 21 27, 28, and 29, the Project’s GHG emissions impacts under the GHG-1 threshold may remain significant and unavoidable.

Cumulative Greenhouse Gas Emissions Impacts
Global climate change is a cumulative impact by nature. A project participates in this potential impact through its incremental contribution combined with the cumulative increase of all other sources of GHGs. GHG emissions inherently contribute to cumulative impacts; therefore, any additional GHG emissions would result in a cumulative impact. The project would generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment or conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Therefore, the Project would result in a cumulatively considerable contribution to a 7 CARB and California EPA (California Air Resources Board and California Environmental Protection Agency). 2023. “Local CEQA Mitigation Best Practices and Lessons Learned.” Contract No. 21STC001. Prepared by M.R. Boswell. September 30, 2023. https://ww2.arb.ca.gov/sites/default/files/2023-11/CARB%2021STC001%20White%20Paper.pdf. 717
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cumulative impact with regard to the generation of GHG emissions, and the cumulative impact would be significant and unavoidable despite the implementation of MM-GHG-1 through MM-GHG-15, MM-TRA-1, MM-TRA-2, and PDFs including 4, 5, 8, 10, 11, 12, 21, 27, 28, and 29.

D. Alternatives
CEQA Guidelines Section 15126.6(a) requires that an EIR “describe a range of reasonable alternatives to the proposed project, or to the location of the project, that would feasibly attain most of the basic objectives but would avoid or substantially lessen any of the significant environmental effects of the project, and evaluate the comparative merits of the alternatives.” Section 15126.6(a) also provides that an EIR need not consider every conceivable alternative to a project; rather, an EIR must consider a reasonable range of alternatives that would foster informed decision-making and public participation. Accordingly, the Final SEIR presented a reasonable range of two alternatives listed below, and considered and rejected six potential alternatives.

1. Alternatives Considered but Rejected
The Final SEIR evaluated the following six alternatives that were considered during the SEIR preparation process but not carried forward for further analysis consistent with CEQA Guidelines Section 15126.6(c):
a) Alternative Site
Development of the project on an alternative site was not carried forward for more detailed consideration. The Alternative Site was considered but rejected because a review of available vacant parcels similar in size and in the vicinity of the project site was conducted. Finding an alternative vacant parcel in the project vicinity was important because of proximity to Disneyland and the Anaheim Convention Center, which both attract overnight guests and a need for hotel rooms in the general Project vicinity. The only other potential site in the general project vicinity resulting from that review was immediately east of the Project site. It was determined that the alternative site would not reduce, avoid or substantially lessen any Project impacts. Additionally, the alternative site is not owned by the City or Project applicant and the ability to acquire the site was unknown. In accordance with CEQA Guidelines Section 15126.6(f)(2), an EIR is only required to consider an alternative location if the project’s potentially significant project effects would be avoided or substantially lessened by moving the project to another site. An alternative site would not have avoided or substantially lessened any identified Project impacts.

As the Final SEIR analyzes a reasonable range of alternatives, CEQA does not require full consideration of the Alternative Site Alternative when it is speculative whether such a feasible site exists that could accommodate the project and meet most project objectives, the applicant could feasibly acquire such a site if one existed and the project’s potentially significant impacts would be avoided or substantially lessened at such a site. b) Hotel-Only Alternative
The City considered an alternative that would result in the construction and operation of a hotel only, without the inclusion of the waterpark and additional resort amenities associated with the Project. The hotel-only alternative was not carried forward for more detailed consideration as the alternative would not substantially reduce the Project 718
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impacts, including those related to VMT and GHG emissions. Additionally, the hotel-only alternative would not achieve many of the Project objectives, including the following:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.

As the Final SEIR analyzes a reasonable range of alternatives, and the hotel-only approach would not satisfy the CEQA criteria for a feasible alternative for the reasons specified above and in the Final SEIR, CEQA does not require full consideration of the Hotel Only Alternative.
c) Resort-Only Alternative
The City considered an alternative that would result in the construction and operation of a resort on the Project site that does not include the accompanying hotel component. The resort-only alternative was not carried forward for more detailed consideration. This alternative would increase the number of vehicle trips associated with VMT because people would be traveling to and from the Project site on the same day, without staying the night. The increase in vehicle trips associated with VMT would lead to increased GHG emissions when compared with the proposed Project. As such, the increase in the number of vehicle trips associated with VMT, and GHG emissions associated with the resort-only alternative would not avoid or substantially lessen the Project’s potential significant impacts. Furthermore, this alternative would not achieve the following Project objectives:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Implement the Project site’s International West Mixed Use General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. ▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
▪ Generate a material amount of transient occupancy and property tax revenue for the City.

As the Final SEIR analyzes a reasonable range of alternatives, and the resort-only approach would not satisfy the CEQA criteria for a feasible alternative for the reasons specified above and in the Final SEIR, CEQA does not require full consideration of the Resort Only Alternative.
d) Residential Alternative
The City considered an alternative that would result in the construction and operation of a residential development on the Project site instead of the proposed resort hotel. The residential alternative site could result in fewer environmental impacts than the proposed Project relative to GHG emissions and VMT. This is because the Project 719
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site is in proximity to transit and the exclusively residential use would likely not require a development specific VMT analysis as it would “screen out” from a full VMT analysis. The reduction in vehicle trips related to VMT would also lead to a decrease in GHG emissions. However, an exclusively residential alternative would be inconsistent with the General Plan. Further, the Project site is not one of the state-approved Housing Element sites the City identified as necessary to meet its Regional Housing Needs Assessment (RHNA) obligations. The Housing Element identifies many other properties within the City that are potentially available for that purpose. This alternative would not meet the following Project objectives:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Implement the project site’s International West General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. ▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
▪ Support increased tourism in the City while also complementing other tourist destinations in surrounding communities.
▪ Generate a material amount of transient occupancy and property tax revenue for the City. ▪ Generate additional construction and operational jobs to support the local and regional economy. ▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.

As the Final SEIR analyzes a reasonable range of alternatives, and the residential-only approach would not satisfy the CEQA criteria for a feasible alternative for the reasons specified above and in the Final SEIR, CEQA does not require full consideration of the Residential Alternative. e) Commercial Alternative
The City considered an alternative that would result in the construction and operation of a retail commercial development on the Project site. Under this alternative, the Project site would become a retail commercial destination, thereby increasing the potential for vehicle trips associated with VMT, and operational GHG vehicle emissions when compared with the proposed Project. The trip rate and associated VMT for retail commercial destinations is generally higher than that associated with the uses included within the Project. An increase in VMT would also generally result in increased operational GHG vehicle emissions. Additionally, this alternative would not meet the following Project objectives:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the Project as a tourist destination location in and of itself. ▪ Implement the Project site’s International West Mixed Use General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. 720
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▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
▪ Support increased tourism in the City while also complementing other tourist destinations in surrounding communities.
▪ Generate a material amount of transient occupancy and property tax revenue for the City. ▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.

As the Final SEIR analyzes a reasonable range of alternatives, and the commercial only approach would not satisfy the CEQA criteria for a feasible alternative for the reasons specified above and in the Final SEIR, CEQA does not require full consideration of the Commercial Alternative. f) Mixed-Use Development Alternative
The City considered an alternative that would result in the construction and operation of a mixture of uses that could include a combination of residential, commercial, retail, and/or hotel. However, the majority of the Project site has a general plan designation of, and is zoned International West, which encourages hotel, entertainment, and resort uses on the Project site. The Project site is also not identified in the state-approved Housing Element as a property required for the City to satisfy its RHNA obligations. Similar, to the residential alternative discussed above, VMT associated with the potential residential component of a mixed-use development would likely be screened out and result in less than significant impacts due to the Project site’s proximity to a major transit stop. The other potential components of a mixed-use development alternative, including retail, commercial, and/or hotel, would result in vehicle trips associated with VMT impacts that are similar to or greater than VMT associated with the Project. This would result in operational GHG emissions that are similar to the Project. While the hotel use might partially satisfy portions of some of the Project Objectives, this alternative would not achieve the following Project objectives:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Implement the project site’s International West General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. ▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
▪ Support increased tourism in the City while also complementing other tourist destinations in surrounding communities.
▪ Generate a material amount of transient occupancy and property tax revenue for the City. ▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.
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As the Final SEIR analyzes a reasonable range of alternatives, and the mixed-use development approach would not satisfy the CEQA criteria for a feasible alternative for the reasons specified above and in the Final SEIR, CEQA does not require full consideration of the Mixed-Use Development Alternative.

2. Reasonable Range of Alternatives
In addition to the alternatives considered but rejected from further consideration as described above, the Final SEIR evaluated a reasonable range of two alternatives for their ability to avoid or substantially lessen the impacts of the project identified in the EIR, as well as consideration of their ability to feasibly attain most of the basic objectives of the project as described in the Final SEIR Chapter 3, Section 3.1, Project Objectives. Public Resources Code Section 21081 provides that if one or more significant impacts will not be avoided or substantially lessened by adopting mitigation measures, the environmentally superior alternatives described in the EIR must be found infeasible if they are not adopted.

The City finds, after due consideration, that the two alternatives considered in the Final SEIR constitute a reasonable range of alternatives as required by CEQA. As set forth in the Final SEIR and below, the City finds as follows with respect to the two alternatives that have not been approved. a. Alternative 1: No Project Alternative
CEQA Guidelines Section 15126.6(e) requires that an EIR evaluate a “No Project” alternative to allow decision makers to compare the impacts of approving a project with the impacts of not approving that project. Under the No Project Alternative, the project and associated improvements would not be implemented, and the property would remain as disturbed, previously developed property. This alternative does not preclude future development of the property in accordance with the site’s existing land use designations.

Finding
The City finds that Alternative 1, the No Project Alternative, is undesirable and infeasible as it fails to satisfy the Project’s underlying purpose and fails to meet any of the project objectives. Therefore, the No Project Alternative is rejected because specific economic, legal, social, technological or other considerations make the alternative infeasible.

Facts in Support of Finding
The significant impacts to VMT and GHG would be substantially lessened or avoided by the No Project Alternative compared to the Project. As this alternative would eliminate all of the significant impacts identified for the Project, it would qualify as the environmentally superior alternative. However, this alternative would also not meet any of the project objectives. This alternative would leave the site underutilized contrary to the IW General Plan designation. The alternative would not generate any temporary construction or permanent jobs, nor would it generate the tax and impact fee revenue the City has expected from development of the site. Leaving a prime site near public transit undeveloped is inconsistent with the City’s goal of promoting the enhancement of the Harbor Boulevard corridor and the concentration of hotel and resort uses along Harbor Boulevard south of Chapman Street to bolster the City’s attractiveness as a tourist destination. For these reasons and others detailed in the record before the City, the City rejects the No Project Alternative as both undesirable and infeasible from a public policy perspective.
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b. Alternative 2: Reduced Project Alternative
CEQA Guidelines Section 15126.6(e)(2) states that if the No Project Alternative is identified as the environmentally superior alternative, then an environmentally superior alternative should be identified among the other alternatives.

Alternative 2 is that other environmentally superior alternative. Alternative 2 would reduce impacts to GHG to a less than significant level. Alternative 2 would achieve that result by achieving an 85% reduction in total building square footage, resulting in 75 hotel rooms, and an 85% reduction in recreational water facilities (pool and lazy river) to serve the reduced hotel rooms. Other amenities such as the theater, larger meeting rooms, grand ballroom, arcade, and multiple restaurants would be eliminated due to size constraints imposed by the Reduced Project Alternative.

Similarly, with the limited square footage, retail, a single restaurant and other amenities like a spa and fitness facility included within the Project would either be substantially reduced due to size constraints or likely not practical because of the substantially reduced number of guests. As such, the hotel developed under this alternative would be considered a limited-service hotel.

Finding
Besides the No Project Alterative, Alternative 2 is the environmentally superior alternative. While the Reduced Project Alternative would reduce the GHG impacts to a less than significant level, the alternative would not meet or only partially meet most of the Project objectives. The City rejects the alternative as undesirable. Alternative 2:

Reduced Project Alternative is also rejected because specific economic, legal, social, technological or other considerations make the alternative infeasible.

Facts in Support of Finding
The significant impacts to GHG would be reduced to less than significant by the Reduced Project Alternative compared to the Project. The Reduced Project Alternative reduces the amount of development to a level where the GHG emissions would be below the established GHG emissions significance threshold the City identified in the Final SEIR. Therefore, the Final SEIR identifies the Reduced Project Alternative as the environmentally superior alternative. The City hereby rejects this alternative as infeasible as the reduced scale of the alternative would not allow it to meet or only partially meet most of the Project objectives including the following:
▪ Develop a destination hotel that incorporates sustainability features such as on-site solar energy, lower water use appliances and energy saving fixtures on a property within a transit priority area. ▪ Provide for enhanced overnight guest experiences with themed amenities attractive to families and other visitors who will use the project as a tourist destination location in and of itself. ▪ Develop a project that allows for efficient operations and logistics. ▪ Implement the project site’s International West Mixed Use General Plan designation by including hotel, entertainment and resort elements to promote guest visits of multiple days. ▪ Develop a destination hotel in a location with convenient access to public transit and a shuttle system that connects the project to other tourist attractions in the area including those along the Harbor Boulevard Resort corridor.
▪ Support increased tourism in the City while also complementing other tourist destinations in surrounding communities.
▪ Generate a material amount of transient occupancy and property tax revenue for the City 723
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▪ Develop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise.

According to industry data, theme park branded hotels and hotels with resort level types of amenities, typically range from many hundreds of rooms to more than several thousand, whereas the Reduced Project Alternative provides only 75 rooms. Especially in a more urban context like Garden Grove, where the Project site is relatively small, the above-referenced Project objectives would not be met with such a small number of hotel rooms. This alternative would also not maximize the use of the Project site and would generate less tax and impact fee revenue than the City has expected from development of the site. The Reduced Project Alternative would underutilize one of the larger undeveloped parcels in the City’s IW land use designated area that allows a maximum floor area ratio (FAR) of 5.0. The Reduced Project Alternative would result in an FAR of only approximately 0.75 on the 3.72-acre Project site. For these reasons and others detailed in the record before the City, even though it is the environmentally superior alternative, the City rejects the Reduced Project Alternative as undesirable and infeasible for economic, legal, social, technological or other considerations referenced in these findings and the record of Project proceedings.

IX. Other CEQA Considerations
A. Growth-Inducing Impacts
CEQA Guidelines section 15126.2(e) mandates a discussion of the growth-inducing nature of the project evaluated in an EIR. Growth-inducing analysis is intended to address the potential for a project to “foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment.” Growth inducement refers to facilitating planned growth or inducing unplanned growth. CEQA Guidelines Section 15126.2(e) provides that it must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment.

Final SEIR section 5.4 addresses the potential for growth inducement due to the Project. In the City, the growthinducing potential of a project would be considered significant if it stimulates population growth or a population concentration above what is assumed in local and regional land use plans, or in projections made by regional planning authorities, such as the Southern California Association of Governments.

Growth-inducing projects typically occur in isolated, undeveloped, or underdeveloped locations that necessitate extension of major infrastructure such as sewer and water facilities or roadways, or in locations that encourage premature or unplanned growth. The Project is a proposed redevelopment of previously developed, infill properties.

Harbor Boulevard is a major commercial road and the General Plan has long contemplated development of the Project site for a hotel resort like the Project. All infrastructure necessary to serve the Project exists at or in the vicinity of the property, and the Project would not extend such facilities to other undeveloped or underdeveloped properties. The Project would not remove obstacles to growth by extending infrastructure to new areas, nor would it result in significant adverse environmental impacts due to the expansion of infrastructure, such as water supply facilities, wastewater treatment plants, roads, or freeways. The Project’s utility and infrastructure improvements would not remove obstacles to growth or create additional capacity as they will only be to the property’s connection points or for purposes of improvements required for the Project. 724
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The Project requires a PUD for a portion of the Project site that was zoned residential. However, the entirety of the Project site, even the area zoned residential, has long been contemplated for a resort hotel use pursuant to the existing General Plan designation of IW. The IW contemplates a mix of uses, including resort, entertainment and hotel, appropriate for a major entertainment and tourism destination. Employment generated by the Project would likely come from within the City itself and/or surrounding region. Population or employment growth above applicable planning forecasts is not expected as the Project is consistent with the Project sites’ existing General Plan designation. According to the Connect SoCal 2024 Demographics and Growth Forecast Technical Report, the City will experience an increase of 4,300 jobs between 2019 and 2035, and an additional increase of 5,500 jobs by 2050. The Project’s increase of 446 employees at full buildout would represent approximately 10% of the anticipated increase in the number of jobs within the City by 2035 and approximately 5% of the anticipated increase in the number of jobs within the City by 2050.

SCAG’s Connect SoCal policies are regional planning goals. They are not mandatory requirements and not every measure identified in the document is applicable to every project or property. A project is consistent with a regional plan if it does not substantially conflict with the plan’s relevant policies. A project need not advance every goal contained in the plan to be found consistent, because different goals serve different purposes and many relate to specific types of activities.

The Project affirmatively advances several Connect SoCal objectives, including the following:
▪ Promoting infill development in a built-out urban area, reducing pressure for greenfield development ▪ Providing employment opportunities near existing transit and services, helping reduce regional commute distances
▪ Enhancing mobility options through TDM measures and proximity to high-frequency transit routes The Project also conforms to the state-approved Housing Element as the Project site is not identified as one of the properties required for the City to meet its RHNA projections. Thus, the Project would not be growth-inducing for CEQA purposes as any growth resulting from the Project is within that already contemplated in the applicable local and regional plans. Thus, the Final SEIR satisfies CEQA’s requirements with respect to the analysis and disclosure of potential growth-inducing impacts.

B. Significant Irreversible Effects
CEQA Guidelines Section 15126.2(d) requires a discussion of any significant irreversible environmental changes associated with a project. Irreversible effects include large commitment of nonrenewable resources, secondary impacts such as highway improvement that grant access to a previously inaccessible area or irreversible damage from environmental accidents associated with a project. As analyzed in Final SEIR Section 5.3, the Project would not result in significant irreversible environmental changes. The Project is an infill development on previously developed properties in an area where resort hotel development is consistent with the City General Plan designation. The Project does not require any extension of infrastructure to previously inaccessible areas or commit future generations to similar uses. The Project would contribute to or result in irreversible environmental change with respect to the development of the underutilized, presently vacant, property and use of new raw materials such as lumber, metals, and sand, some of which might be finite resources. Construction and operation of the Project would also incrementally reduce non-renewable supplies of fossil fuels and natural gas. However, the nature of the 725
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irreversible environmental change would be relatively small on a local and regional, let alone a national or international scale such that the City finds the change would not be considered significant.

X. Other CEQA Findings
A. Supplemental Mitigation Monitoring and
Reporting Program

1. General Finding
Pursuant to Section 21081.6 of the Public Resources Code, the City, in adopting these Findings, also adopts the Supplemental MMRP for the Project. The Supplemental MMRP is designed to ensure that, during project implementation, the City and other responsible parties will comply with the mitigation measures adopted in these Findings. The City hereby binds itself to cause the various mitigation measures and PDFs described in the Supplemental MMRP to be implemented in accordance with the Final SEIR and Supplemental MMRP. The measures identified in the Supplemental MMRP constitute a binding set of obligations upon the City’s certification and approvals identified herein.

The City hereby finds that the Supplemental MMRP, which is incorporated into the project conditions of approval, meets the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of project conditions intended to mitigate the significant environmental effects of the Project.

2. Regulatory Compliance
Federal, state, regional, and local laws contain certain regulatory compliance measures that must be adhered to in implementing the Project. The Final SEIR describes the regulatory setting within each chapter, which includes the details of regulatory compliance measures. Where regulatory compliance measures are required by law, the City has not separately proposed or adopted mitigation requiring regulatory compliance (as it would be declaratory of existing law). Nonetheless, the City finds that the Project must comply with all applicable regulatory compliance measures.

B. Certification of the Final Supplemental
Environmental Impact Report, CEQA Guidelines
Section 15090
The City Council certifies that the Final SEIR (SCH No. 2022060174) has been completed in compliance with CEQA and the CEQA Guidelines, that the Final SEIR was presented to the City Council, and that the City Council reviewed and considered the information contained therein and in the record of proceedings for the Project before approving the Project, and that the Final SEIR reflects the independent judgment and analysis of the City Council (CEQA Guidelines Section 15090).
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XI. Statement of
Overriding Considerations
Pursuant to Public Resources Code Section 21081(b) and CEQA Guidelines Section 15093(a) and (b), the City is required to balance, as applicable, the economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the Project. Only if the specific economic, legal, social, technological or other benefits of the Project, including regionwide or statewide environmental benefits, outweigh the Project’s unavoidable adverse environmental effects, may the adverse environmental effects be considered “acceptable” (CEQA Guidelines Section 15093[a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b])
Courts have upheld overriding considerations that were based on a variety of policy considerations including, but not limited to, new jobs, stronger tax base, and implementation of an agency’s economic development goals, growth management policies, redevelopment plans, the need for housing and employment, conformity to locally adopted plans, and provision of construction jobs. As disclosed previously, the City’s approval of the Project will result in significant and unavoidable adverse impacts with respect to GHG even with the adoption of all feasible mitigation.

Under such circumstances, pursuant to Public Resources Code Section 21081(b) and Guidelines Section 15093, the City may only approve the Project if it adopts a statement of overriding considerations.

The City, (i) having independently reviewed the information in the Draft SEIR, Final SEIR and the record of proceedings; (ii) having made a reasonable and good faith effort to eliminate or substantially lessen the significant GHG impacts resulting from the Project to the extent feasible by adopting the mitigation measures identified in the Draft SEIR and Final SEIR; and (iii) having balanced the benefits of the Project against the significant environmental impacts, chooses to approve the Project, despite its significant and unavoidable environmental impacts, because, in its view, specific economic, legal, social, and other benefits of the Project outweigh the significant effects on the environment.

Each of the separate benefits of the Project, as stated herein, is determined to be, unto itself and independent of the other Project benefits, a basis for overriding all unavoidable and significant adverse environmental impacts identified in these Findings.
▪ Consistency with the General Plan: The proposed Project, which is located within the Grove District Anaheim Resort area, would help maintain consistency with and carry out the goals, objectives, and policies of the City General Plan by providing a 500-room hotel resort with substantial on-site amenities such as a lazy river and theater, retail, restaurants and meeting space to implement General Plan Policies such as LU-1.4., LU-9.1, ED-1, ED-1.1, and implementation measures such as LU-IMP-9A. By maintaining consistency with and implementing the goals, objectives, and policies of the City’s General Plan, the proposed Project will provide opportunities for the development of tourism-related businesses, promote the enhancement of the Harbor Boulevard corridor, and add to the concentration of hotel and resort uses along Harbor Boulevard, south of Chapman Street, further bolstering the City’s attractiveness as a tourist destination. 727
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▪ Consistency with the International West Mixed Use (IW) General Plan Designation: The proposed Project would develop a hotel resort facility on a previously developed, but currently vacant property within the International West Mixed Use (IW) General Plan designated area. More commonly referred to as International West, the IW General Plan land use designation is intended to function as the City’s resort area and was established to provide resort, entertainment, retail, and hotel uses appropriate for a major entertainment and tourism destination. The proposed Project provides the IW General Plan designated area with the exact type of development it was intended to foster. The proposed Project would be consistent with the IW General Plan designation.
▪ Preserves Housing: The proposed Project preserves properties designated in the adopted Housing Element to meet the City’s RHNA for residential use by locating the Project’s hotel and tourist-oriented development on a property identified by the IW General Plan designation. As previously mentioned, the IW General Plan designation is specifically intended to provide for a mix of uses, including resort, entertainment, retail, and hotel opportunities appropriate for a major entertainment and tourism destination. The proposed Project’s location within the IW General Plan designation will provide the area with new hospitality, entertainment, resort and retail opportunities while preserving properties designated for residential use that exist elsewhere in the City. While the Project site allows for housing, it is not identified in the Housing Element Sites Inventory. As such, by building the hotel, it is not reducing or removing properties that have previously been identified for future housing growth in the Housing Element. The sites that have been identified are sufficient to meet the City’s RHNA. The project would not minimize the City’s ability to meet its RHNA. ▪ Substantial Increase in Public Revenue and Economic Activity for the City and Surrounding Region: In 2022, Tierra West Advisors, Inc. was retained by the City to prepare an Economic Development Report & Analysis (hereafter the “Economic Report”) that analyzed the economic impact of the proposed Project on the City and the broader region using financial information available at the time (City of Garden Grove Economic Development Report & Analysis, August 28, 2022). This Economic Report has since been updated to provide refreshed and adjusted financial projections based on current financial information, assumptions and market conditions (hereafter the “Updated Economic Report”) (City of Garden Grove Updated Economic Development Report & Analysis, April 2026). These combined analyses show that the construction and operation of the proposed Project will result in a substantial increase in public revenue and economic activity for the City and the surrounding region. Over the course of thirty (30) years, the proposed Project is estimated to generate approximately $416.2 million in combined tax revenue to the City, of which approximately $323.2 million will be net revenue retained by the City over the course of that time (Updated Economic Report, p. 11). The $323.2 million in net public revenue to the City will come in the form of new net transient occupancy tax revenue (projected at $243.2 million in total), sales tax revenue (projected at $68.6 million in total), and Project property tax revenue (projected at $11.5 million annually starting in 2028 and steadily increasing through Project completion) resulting from the proposed Project. (Updated Economic Report, p. 11). Importantly, this projected public revenue is not currently being generated by the vacant site as it exists today and will only materialize after the completion of the proposed Project (Economic Report, p. 7). Moreover, the economic output of the proposed Project for the City is significant.

The Project is anticipated to generate approximately $4.575 billion in direct, indirect, and induced economic output within the City over the course of the 30-year Development Agreement (Updated Economic Report, p. 8). Additionally, the City estimates that the total estimated direct economic output of the Project will exceed $2.125 billion as a result of expenditures at the Project site and other spin‑off sales within the City limits over the 30 years (Updated Economic Report, pp. 8–9). The Project’s proximity to other major tourist attractions in the City and surrounding area including Disneyland and the Anaheim Convention Center will also provide the region with increased economic activity and tax revenue. The combined 728
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economic impact of these recurring revenue sources will provide a stable, long-term funding source to support essential municipal services including public safety, parks and recreation, public works, and community development programs that benefit all City residents. ▪ Reduce Vehicle Miles Traveled: The proposed Project’s location near public transit hubs along Harbor Boulevard implements state and local goals for reductions in vehicle miles traveled. The Project’s close proximity to other major tourist attractions in the City and surrounding area including Disneyland and the Anaheim Convention Center will provide opportunities for employees and guests to use public transit or active non-motorized transportation, such as walking and bicycling, to get to and from their destinations, thereby reducing reliance on personal automobiles.
▪ Promote Sustainability: The proposed Project would promote sustainability by encouraging growth in a manner that encourages green buildings and complies with federal, state, and local environmental rules and regulations. The Project will promote the City’s sustainability goals, including General Plan goals CON4 and CON-5, by incorporating project design features or mitigation measures including on-site solar energy facilities projected to generate approximately 267,000 kilowatt hours (kWh) per year, cool roofs and decks, electrical vehicle charging infrastructure and enhanced water conservation measures. ▪ Provides Employment Opportunities to the Local Community: The proposed Project is expected to provide for a substantial increase in temporary construction and longer-term full-time operational jobs for the City.

The proposed Project is expected to provide employment opportunities for a highly skilled workforce, especially opportunities within the trades and construction industries during the construction phase of the Project, with the projected creation of a number of temporary construction jobs, including vendors and haul truckers (Updated Economic Report, p. 9). In addition, the proposed Project is projected to create 380 fulltime equivalent operational jobs including management, front desk and concierge, and housekeeping staff (Updated Economic Report, p. 9). Moreover, the proposed Project is expected to ignite other employment opportunities within the City and broader region, leading to a multiplier effect that is anticipated to create an additional 1,790 jobs in the local community and region consistent with SCAG and regional growth projections (Updated Economic Report, p. 11).

A. Conclusion
The City of Garden Grove has balanced the Project’s benefits against the Project’s significant unavoidable impacts.

The City Council finds that the proposed Project’s benefits outweigh the Project’s significant unavoidable impacts, and that these impacts, therefore, are considered acceptable in light of the Project’s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, which warrants approval of the Project notwithstanding the Project’s significant unavoidable impacts. 729
Attachment A
Supplemental Mitigation Monitoring and
Reporting Program
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Supplemental Mitigation Monitoring and
Reporting Program
1 Introduction
California Public Resources Code (PRC) Section 21081.6 requires that, upon certification of an environmental impact report (EIR), “the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation” (PRC Sections 21000–21177).

This Supplemental Mitigation Monitoring and Reporting Program (MMRP) was developed in compliance with PRC Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines (14 CCR 15000– 15387), and includes the following information:
▪ A list of mitigation measures
▪ The timing for implementation of the mitigation measures ▪ The party responsible for implementing or monitoring the mitigation measures ▪ The date of completion of monitoring
The City of Garden Grove must adopt this Supplemental MMRP, or an equally effective program, if it approves the proposed Site B-2 Hotel Project (Project) with the mitigation measures that were adopted or made conditions of Project approval.
2 Supplemental MMRP Table
Table 1 presents the Supplemental MMRP, including the mitigation measures, timing for their implementation, the party or parties responsible for implementing or monitoring the mitigation measures, and date of completion. Each mitigation measure includes the corresponding California Air Pollution Control Officers’ Association (CAPCOA) measure in italics immediately following the mitigation text to indicate alignment with recognized VMT and GHG best practices. Project design features (PDFs) that are incorporated into the Project relative to the analysis in the Draft Supplemental EIR are also provided in the table.
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ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-2
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
Greenhouse Gas Emissions
Mitigation Measures
MM-GHG-1: Construction Equipment Electrification. Prior to issuance of building permits, the Project Applicant’s or designee’s contractor shall submit a Construction Equipment Emissions Minimization Plan for City of Garden Grove (City) approval that:
(1) Identifies all off-road equipment anticipated by phase. (2) Requires generators, cranes, electric scissor/boom lifts, forklifts/telehandlers (where feasible), welders (where feasible), and electric/solar light towers when commercially available. (3) Requires grid power for temporary construction.
(4) Where electric equipment is not available for a listed task, documents non-availability (size/class, delivery lead time, site constraints) and requires the cleanest feasible alternative (Tier 4 Final/zero-emission alternatives as available).

In addition, the Project shall limit air compressors used during the architectural coating/painting phase to equipment that is electric-powered Compliance shall be demonstrated through equipment lists, rental records, and weekly logs and shall be summarized in a post-construction compliance memo for the Supplemental Mitigation Monitoring and Reporting Program (Supplemental MMRP) file. (CAPCOA Measure C-1-A) Prior to the issuance
of building permits
City of Garden
Grove
MM-GHG-2: Construction Office Energy Efficiency. Prior to issuance of building permits, the Applicant or designee shall submit documentation to the City of Garden Grove that temporary construction field office(s) are equipped with energy efficient lighting such as compact fluorescent or LEDs and that heating and cooling units are Energy Star certified.

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-3
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
Plan to achieve a minimum diversion target of 75% of non-hazardous construction and demolition debris from landfills, exceeding the City’s current 65% diversion requirement. (CAPCOA Measure S-4) MM-GHG-4: Electric Vehicle Charging Infrastructure. Prior to issuance of building permits, the Project Applicant or designee shall submit a site plan to the City of Garden Grove for approval noting the location of electric vehicle infrastructure and charging stations. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall provide electric vehicle (EV) charging infrastructure within the Project site as required by the applicable California Green Building Standards Code, but that, at a minimum, meets or exceeds 2022 California Green Building Standards Code Tier 2 standards. Tier 2 requires approximately 225 parking spaces to be EV capable, and 75 spaces to be equipped with EV Supply Equipment (EVSE). The Project shall install a minimum of 225 EV capable spaces and 100 EVSE spaces. (CAPCOA Measure T-14) Prior to the issuance
of building permits
City of Garden
Grove
MM-GHG-5: Guest Vehicle Trip Reductions. Prior to issuance of building permits, the Project Applicant shall submit a site plan to the City of Garden Grove for approval identifying where pedestrian and bicycle connections to adjacent facilities will be provided and where bicycle parking spaces will be provided. The City shall verify the inclusion of pedestrian and bicycle infrastructure prior to the issuance of the final certificate of occupancy. The Project Applicant or designee shall ensure that, at a minimum, the following trip reduction measures are implemented during Project operations to reduce the number of auto-based trips generated by the Project and to encourage the use of transit, bicycling, and walking.
▪ Improve the walkability and design of the Project by providing pedestrian and bicycling connections within the Project site and to adjacent off-site facilities (i.e., sidewalks, crosswalks, wayfinding signage, etc.).
▪ Provide secure on-site bicycle racks to accommodate a minimum of 38 bicycle parking spaces and provide bicycle rentals for hotel guests.

Prior to the issuance
of a building permits
City of Garden
Grove
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ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-4
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
▪ Alternative transportation services such bike rentals and transit information shall be seamlessly integrated into the guest experience, making alternative modes of travel easy to understand, access, and use.
▪ Hotel management/concierge should provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include real-time transit information provided through dedicated monitors, interactive electronic displays, websites, or mobile applications identifying local bus routes and schedules, as well as wayfinding to the existing transit stops within the Project vicinity. ▪ Provide a dedicated shuttle service linking the hotel to nearby shopping and entertainment destinations, prioritizing battery‑electric vehicles where route length and charging logistics allow; the program may be operated under a vendor contract with scheduled runs during peak guest activity and on‑demand service for special events. ▪ Hotel management will make available transit passes for purchase and provide clear wayfinding to public transit and shuttle services. ▪ Qualitative assessments (e.g., user satisfaction surveys, walk audits, guest feedback) shall be regularly conducted to evaluate the effectiveness of trip reduction strategies.
▪ An annual report summarizing how transportation options are being used, guest perceptions, and planned improvements shall be submitted to the City.
(CAPCOA Measures T-34, T-38, T-43, and T-44)
MM-GHG-6: Limit Large Diesel Trucks During Operation. Prior to issuance of certificate of occupancy, the Project Applicant or designee shall submit a Truck Delivery Management Plan to the City of Garden Grove that documents how truck deliveries will be restricted and monitored. The Project Applicant or designee shall implement a monitoring program to restrict the number of large diesel trucks coming to the site (i.e. for deliveries, trash collection, or other services) to an average of 10 trucks per day or less. This restriction is specifically applicable to trucks classified as medium-heavy duty and heavy-heavy duty with gross vehicle weight (GVW) Prior to the issuance
of a certificate of
occupancy
City of Garden
Grove
735

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-5
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
greater than 19,500 pounds. Annual reports summarizing heavy-duty truck trips shall be provided to the City of Garden Grove. (CAPCOA Measure C-2) MM-GHG-7: Building Energy Efficiency Measures. Prior to issuance of building permits, the Project Applicant or designee shall submit documentation of building energy efficiency measures to the City of Garden Grove, such that a minimum of 15% above 2022 Title 24 Building Envelope Energy Efficiency Standards is achieved. Energy efficiency measures shall include, at a minimum, the following:

1. LED Lighting – High-lumen LED light fixtures shall be used exclusively for the lighting of spaces throughout the Project that require 8 to 10 watts per fixture

2. Energy efficient lighting shall be incorporated into all on-site lighting and energy efficient appliances shall be incorporated into Project operations.

3. HVAC Optimization – The HVAC system shall include the following:
a. Electric heat pumps will be used for space heating and domestic hot water, with all systems integrated and monitored by the Project Building Management System for performance optimization, fault detection, and energy tracking.
b. Smart thermostats, which include a motion sensor detector and door/window open sensors, will be installed in each guest room. c. The central plant will utilize a Combination Plant with SmartPlate EV

4. Glazing – All glazing for the tower and exterior public spaces shall be installed with Low-E glass [U-factor (thermal transmittance) ≤ 0.28 and Solar Heat Gain Coefficient (SHGC) ≤ 0.23.

5. Energy Management System – The Project shall use advanced systems to monitor and optimize energy use in real time.

6. Benchmarking and Monitoring – The Project shall incorporate an Energy Star Portfolio Management system to track and manage energy consumption

7. Third-Party Verification/LEED Certification – The Project shall obtain third-party HVAC commissioning verification or LEED certification of Gold to Platinum to verify energy savings.

Prior to the issuance
of building permits
City of Garden
Grove
736

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-6
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
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Date of
Completion

8. Battery Energy Storage –The Project would include an on‑site battery energy storage system occupying approximately 500 to 1,000 square feet, consisting of modular lithium-ion battery cabinets and associated electrical equipment. The system would be used for peak load management and grid resiliency consistent with California Fire Code and Title 24 requirements.
(CAPCOA Measure E-1 is quantified) (CAPCOA Measures E-7, E-9, E-22, E24, and E25 are qualitative) MM-GHG-8: Cool Roof/Deck. Prior to issuance of building permits, the Project Applicant or designee shall submit plans to the City for approval that require cool roof and cool deck surfaces to be included as part of the Project for the podium and tower, consistent with the specifications provided below.
▪ Cool Roof Installation:

All roofing materials shall meet or exceed the California Title 24, Part 6 requirements for cool roofs, based on roof slope:
▪ Low-sloped roofs (≤ 2:12 pitch):
- Aged Solar Reflectance (SR) ≥ 0.63
- Thermal Emittance (TE) ≥ 0.75
- Or Solar Reflectance Index (SRI) ≥ 75
▪ Steep-sloped roofs (> 2:12 pitch):
- Aged SR ≥ 0.20
- TE ≥ 0.75
- Or SRI ≥ 16
▪ Cool Deck Surfaces:

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-7
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
To meet the above standards, the Project Applicant may implement one or more of the following:
▪ Use Energy Star®-rated roofing products or materials listed in the Cool Roof Rating Council (CRRC) directory.
▪ Apply reflective coatings or single-ply membranes with compliant SR and TE values.
▪ Install light-colored or permeable pavers, cool concrete, or coated surfaces for decks and walkways, such as permeable interlocking concrete pavers, porous asphalt, permeable concrete, geocell systems, or bio-asphalt.
▪ Incorporate green roofs or vegetated shading structures as alternative compliance pathways (subject to City approval).

Monitoring and Reporting shall include:
▪ Submittal of roofing and hardscaping material specifications to the City of Garden Grove Building Division prior to issuance of building permits. ▪ City inspectors shall verify installation during final inspection and prior to issuance of the final certificate of occupancy.
(CAPCOA Measure E-21)
MM-GHG-9: Renewable Energy. The Project Applicant or designee shall install a solar photovoltaic system capable of generating a minimum of 267,000 kilowatt hours (kWh) per year prior to issuance of certificate of occupancy. (CAPCOA Measure E-10-B)
Prior to the issuance
of a certificate of
occupancy
City of Garden
Grove
MM-GHG-10: Water Conservation. Prior to receiving the final certificate of occupancy, the Project Applicant or designee shall submit a Water Conservation Compliance Report to the City of Garden Grove for review and approval. The Project shall achieve a minimum 10% reduction in total water use compared to the baseline of 167 gallons per room per day as identified in the Water Supply Assessment (Psomas 2022). This equates to a target of no more than 150.3 GPCD at full occupancy. The Water Conservation Compliance Report shall include product specifications for all water-saving fixtures and systems, landscape and irrigation plans, greywater system design and capacity documentation, post-occupancy water use monitoring Prior to receiving the
final certificate of
occupancy
City of Garden
Grove
738

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-8
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
plan for the first 12 months after occupancy. To meet or exceed the performance standard, the Project may implement a combination of the following water conservation strategies:
▪ Low-Flow Water Fixtures for guest rooms and public area ▪ Smart Irrigation System – outdoor landscaping shall include weatherbased irrigation controllers and drought-resistant landscaping to minimize outdoor water use
▪ Greywater Recycling
(CAPCOA Measures W-2, W-5, and W-7)
MM-GHG-11: Waste Reduction. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall submit a Waste Management, Recycling, and Composting Plan to the City of Garden Grove for review and approval. The program shall be implemented on-site at the Project location and apply to all operational areas, including guest services, food and beverage operations, maintenance, and administrative functions.

The waste reduction program shall be fully implemented during Project operations. The Plan shall specify a minimum diversion of 25% of municipal solid waste, including organics, generated on site from landfill disposal. The Waste Management, Recycling, and Composting Plan may include but not be limited to the following:
▪ Recycling Program
- Provide labeled bins for recyclables and certified hauler contracts. - Promote recycled paper and other products like soap.
▪ Organics and Composting Program
- Collect food scraps and compostables.
▪ Source Reduction Measures
- Reduce single-use items and paper use.
- Ban disposable (i.e., designed to be used once and discarded) foodware items and accessories.
- Allow customers to bring their own reusable items.
- Require hand soap in refillable containers.
- Do not provide water in plastic bottles or disposable single-use cups.

Prior to issuance of
the final certificate of
occupancy
City of Garden
Grove
739

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-9
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
- Do not use expanded polystyrene (i.e., Styrofoam).
- Require reusable napkins and tablecloths with recyclable disposable napkins only for takeout.
- Provide hand dryers in areas accessible to customers. - Require reusable laundry bags.
- Require reusable dishware for room service.
- Offer toiletries on request rather than automatically. - Provide key cards made of non-plastic materials, including traditional metal keys or wood, bamboo, and paper options for chip-based cards.
- Incentivize returning keys to discourage waste.
- Provide non-plastic shower caps, razors, shaving cream, slippers, eye masks, and ear plugs.
- Remove minifridge items that use plastic.
- Eliminate the use of garbage bags if possible, or use garbage bags made of compostable material.
- Serve employee meals with reusable dishware and cutlery and provide reusable water bottles for all employees with accessible water bottle refill stations.
- Replace paper towels with reusable dish rags.
▪ Employee and Guest Education
- Provide staff training and signage for guests.
▪ Monitoring and Reporting
- Track waste and submit Annual Waste Diversion Report to the City of Garden Grove.

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-10
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
MM-GHG-12: Zero Emission Landscape Equipment. During Project operations, the Project Applicant or designee shall ensure zero-emission landscape equipment (defined as equipment that does not emit tailpipe emissions during operation) is utilized. The Project Applicant or designee shall be responsible for ensuring that all landscape maintenance contractors and staff comply with this measure. All landscape maintenance activities associated with the Project shall utilize zero-emission landscaping equipment, such as electric-powered or battery-operated tools. This requirement applies to all landscaped areas within the Project site, including but not limited to courtyards, green spaces, perimeter landscaping, and rooftop gardens. The requirement shall be implemented prior to the commencement of landscape maintenance operations. To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Electric-Powered Equipment
▪ Use electric or battery-powered:
- Leaf blowers.
- Lawn mowers.
- Hedge trimmers.
- Edgers.
- Chainsaws.

Contractor Requirements
▪ Include zero-emission equipment requirements in all landscape maintenance contracts.
▪ Require contractors to provide documentation of equipment type and compliance.

On-Site Charging Infrastructure
▪ Install dedicated charging stations or outlets for landscape equipment.

During operations City of Garden
Grove
741

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-11
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
Training and Education
▪ Provide training to landscape maintenance staff on the proper use and maintenance of electric equipment.
▪ Display signage or include information in sustainability reports to promote awareness.
(CAPCOA Measure LL-1)
MM-GHG-13: Prohibit Woodburning Devices, Natural Gas Fireplaces, and Fire Pits. Prior to the issuance of building permits, the Project Applicant or designee shall submit building design plans for approval of the City showing the prohibition of on-site woodburning devices, natural gas fireplaces, fire pits, or other decorative combustion features throughout the Project site.

Prior to the issuance of the final certificate of occupancy, the City shall confirm that this prohibition has been implemented.

The Refrigerant Management Program shall include the use of low-GWP refrigerants (e.g., R-32 or better) and incorporate best management practices to reduce emissions from service, operation, and disposal of refrigerants. This measure shall apply to all refrigeration and HVAC systems installed and operated within the Project site, including guest rooms, common areas, kitchens, and mechanical rooms. The Project shall ensure that:
▪ 100% of installed HVAC and refrigeration systems use refrigerants with a GWP ≤ 750, consistent with California Air Resources Board (CARB) regulations.
▪ The refrigerant management program shall achieve a minimum 10% reduction in potential refrigerant emissions compared to standard industry practices, as demonstrated through leak rate tracking and maintenance logs.

Prior to the issuance
of mechanical permits
City of Garden
Grove
742

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-12
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Mechanical Equipment
▪ Install microchannel heat exchangers in A/C equipment in place of conventional heat exchangers.

Use of Low-GWP Refrigerants
▪ Select refrigerants such as R-32, R-454B, or other CARB-compliant alternatives with GWP ≤ 750.
▪ Avoid high-GWP refrigerants such as R-410A and R-404A.

Leak Detection and Prevention
▪ Install automatic leak detection systems for large-capacity systems. ▪ Conduct quarterly inspections and maintain leak logs.

Refrigerant Recovery and Disposal
▪ Use certified technicians for refrigerant recovery and disposal. ▪ Maintain documentation of recovered and recycled refrigerants.

Training and Certification
▪ Ensure all HVAC technicians are EPA Section 608 certified. ▪ Provide training on low-GWP refrigerant handling and leak prevention.

Third-Party Verification
▪ Obtain third-party verification of refrigerant management practices through programs such as GreenChill or LEED Enhanced Refrigerant Management credit.

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-13
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
MM-GHG-15: Carbon Offsets – The Project Applicant (or its designee) shall implement the following carbon offsets in accordance with the Project’s construction and operational phases as outlined below.

Operation
Prior to issuance of the final certificate of occupancy, the Project Applicant or its designee shall purchase and retire carbon offsets in a quantity sufficient to offset, for a 30-year period following occupancy of the Project, the construction and operational GHG emissions from the Project to the 1,400 MT CO2e per year threshold, consistent with the quantification, performance standards and requirements set forth below. Alternatively, the Project Applicant or its designee may purchase and retire annual operational GHG offsets for a period of 30 years by December 31 of the year preceding each new year after the issuance of the final certificate of occupancy. Annual operational GHG emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Quantification of GHG Emissions and Reductions Required Construction
744

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-14
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
The estimated total construction GHG emissions to be offset are 3,362.30 MT CO2e if purchased in a lump sum. If purchased on an annual basis, the following schedule provides the estimated annual emissions and date of compliance.

Year Offsets Required (MT CO2e)
Purchase and Retirement
Deadline
1 402.52 Prior to issuance of grading
permits
2 1,434.02 December 31 of Year 1
3 1,410.81 December 31 of Year 2
4 114.95 December 31 of Year 3
Total 3,362.30
Notes: MT CO2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

Scenario
Offsets
Required
(MT CO2e)
Purchase and Retirement
Deadline
Lump sum 180,270.60 Prior to issuance of certificate of occupancy
745

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-15
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion
Annual basis
30-year term
6,009.02 Prior to issuance of certificate of
occupancy for Year 1 and
December 31 of preceding year
Notes: MT CO2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

Carbon Offset Standards – Eligible Registries, Acceptable Protocols, Defined Terms, and Geographic Priorities
“Carbon offset” shall mean an instrument, credit or other certification verifying the reduction of GHG emissions issued by the following CARBaccredited registries: Climate Action Reserve, the American Carbon Registry, or Verra (formerly, the Verified Carbon Standard); as well as credits issued for projects listed on the California Carbon Sequestration and Climate Resiliency Project Registry, which is maintained by the California Natural Resources Agency and may provide additional offsets. This shall include, but is not limited to, an instrument, credit or other certification issued by these registries for GHG reduction activities. The Project shall neither purchase offsets from the Clean Development Mechanism registry nor purchase offsets generated under Clean Development Mechanism protocols.

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-16
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
Implementation
Timing
Agency
Responsible for
Monitoring Initials
Date of
Completion

2. Oversight of the implementation of protocols and methodologies that define the eligibility of carbon offset projects and set forth standards for the estimation, monitoring and verification of GHG reductions achieved from such projects. The protocols and methodologies shall:
a. Be developed by the registries through a transparent public and expert stakeholder review process that affords an opportunity for comment and is informed by science;
b. Incorporate standardized offset crediting parameters that define whether and how much emissions reduction credit a carbon offset project should receive, having identified conservative project baselines and the length of the crediting period and considered potential leakage and quantification uncertainties;
c. Establish data collection and monitoring procedures, mechanisms to ensure permanency in reductions, and additionality and geographic boundary provisions; and
d. Adhere to the principles set forth in the program manuals of each of the aforementioned registries, as such manuals are updated from time to time. The current registry documentation includes the Climate Action Reserve’s Reserve Offset Program Manual1 (April 2024) and Climate Forward Program Manual2 (December 2021); the American Carbon Registry’s The ACR Standard, Requirements and Specifications for the Quantification, Monitoring, Reporting, Verification, and Registration of Project-Based GHG Emissions Reductions and Removals3 (July 2023); and Verra’s VCS Standard, Program Guide4 (August 2023), and Methodology Requirements5 (October 2023).

The City has reviewed the registries’ methodologies and has determined that protocols established pursuant to such methodologies – including 1 https://climateactionreserve.org/wp-content/uploads/2024/04/Reserve-Program-Manual-v9.2.pdf 2 https://climateforward.org/wp-content/uploads/2021/12/Climate-Forward-Program-Manual-December-2021_12-FINAL.pdf 3 https://acrcarbon.org/wp-content/uploads/2023/10/ACR-Standard-v8.0.pdf 4 https://verra.org/documents/vcs-program-guide-v4-4/
5 https://verra.org/documents/vcs-methodology-requirements-v4-4/ 747

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-17
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Agency
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Date of
Completion
updates to those protocols and methodologies as may occur from time to time by the registries in accordance with the registry documentation listed in the prior paragraph to ensure the continuing efficacy of the reduction activities – are eligible for use under this mitigation measure.

1. “Additional” means that the carbon offset is not otherwise required by law or regulation, and not any other GHG emissions reduction that otherwise would occur.

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-18
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
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6. “Enforceable” means that the implementation of the GHG reduction activity must represent the legally binding commitment of the offset project developer to undertake and carry it out.

Carbon offsets secured from the CARB-accredited registries shall be prioritized in accordance with the following criteria: (1) offsets within the City; (2) offsets within the County, only if in-City offsets are unavailable; (3) offsets within the State of California, only if in-county offsets are unavailable; (3) offsets within the United States, only if in-state offsets are unavailable.6
The above definitions are provided as criteria and performance standards associated with the use of carbon offsets. Such criteria and performance standards are intended only to further construe the standards under CEQA for mitigation related to GHG emissions (see, e.g., State CEQA Guidelines Section 15126.4[a], [c]), and are not intended to apply or incorporate the requirements of any other statutory or regulatory scheme not applicable to the Project (e.g., the Cap-and-Trade Program).

Monitoring, Reporting, and Enforcement Standards
6 For purposes of this provision, offset credits will be deemed “unavailable” if they are either unobtainable generally from the CARB accredited registries, or if on a per-unit basis if such a credit is otherwise available: (a) for offset credits within the City of Garden Grove, more than 2 times as costly as offset credits within the County of Orange, but not within the City of Garden Grove; (b) for offset credits within the County of Orange, more than 5 times as costly as offset credits within California, but not within the County of Orange; or (c) for offset credits within the United States, sufficient offset credits within California are not available for purchase at any cost. 749

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-19
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Date of
Completion
Prior to the timeline identified in the initial section of this mitigation measure, the Project Applicant or its designee shall submit documentation in the form of a report to the City that identifies the quantity of emission reductions required by this mitigation measure, as well as the carbon offset proposed for acquisition to achieve compliance with this measure. For purposes of demonstrating that each offset is additional, real, permanent, quantifiable, verifiable and enforceable, the reports shall include: (i) the applicable protocol(s) and methodologies associated with the carbon offsets, (ii) the third-party verification report(s) and statement(s) affiliated with the carbon offset projects, (iii) the unique serial numbers assigned by the registry(ies) to the carbon offset, which serves as evidence that the registry has determined the carbon offset project to have been implemented in accordance with the applicable protocol or methodology and ensures that the offsets cannot be further used in any manner, and (iv) the carbon offset meets the locational attributes as specified by this mitigation measure and verified through a market survey report prepared by a carbon offset broker that identifies the carbon registry listings reviewed for carbon offset availability, including the related date of inquiry.

The Project Applicant’s (or its designee’s) selection of each expert, who shall not be a current or former employee or agent of the Project Applicant (or its designee), shall be subject to the approval of the City Attorney, which shall not be unreasonably withheld. The Project Applicant (or its designee) shall retain the expert(s) for all offset credit submissions made to the City until all offsets required this mitigation measure are acquired and accepted by the City.
750

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-20
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
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Agency
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Date of
Completion
If the City determines that the Project’s carbon offsets at issue in the Project Applicant’s (or their designee’s) submission meet the requirements of this mitigation measure, the offsets required to be acquired by the Project will be proportionally reduced. Upon an affirmative finding from the City that the Project’s carbon offsets are eligible for use under this measure, and within the applicable timeframe required by the first section of this mitigation measure, the Project Applicant (or their designee) shall provide to the City copies of the relevant portions of the GHG offset contracts demonstrating the applicable carbon offsets have been acquired.

This will serve as the final documentation required to demonstrate compliance with this mitigation measure.

If the City determines that the Project’s carbon offsets do not meet the requirements of this mitigation measure, the City shall provide a detailed explanation of the basis for the City’s determination. Carbon offsets not approved by the City as meeting the requirements of this mitigation measure cannot be used to reduce Project GHG emissions and the Applicant will be required to submit qualifying carbon offsets accepted by the City prior to the applicable timeframe specified in the first section of this mitigation measure.
(CAPCOA Measure M-2)
Project Design Features
PDF-4: Construction equipment should be maintained in proper tune. During construction City of Garden Grove
PDF-5: All construction vehicles should be prohibited from excessive idling.

Excessive idling is defined as 5 minutes or longer.

During construction City of Garden
Grove
PDF-8: For construction activities other than those addressed by MM-GHG-1 and MM-GHG-2, establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.

During construction City of Garden
Grove
PDF-10: Use haul trucks with on-road engines instead of off-road engines for on-site hauling.

During construction City of Garden
Grove
751

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-21
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Implementation
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Date of
Completion
PDF-11: The Project will comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

During operations. City of Garden
Grove
PDF-12: Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

During operations City of Garden
Grove
PDF-27: Sustainable Building Materials and Contracting. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including low-VOC paints, Forest Stewardship Council-certified wood, and recycled-content flooring. The Project is also implementing vendor standards that require environmental product declarations and third-party certifications to verify material sustainability. Materials shall be selected not only for their initial environmental footprint but also for durability and long-term performance, reducing the need for frequent replacement and associated waste.

During construction City of Garden
Grove
PDF-28: The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

Prior to project
opening
City of Garden
Grove
PDF-29: The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

During project
construction for
installation and
during project
operation for
maintenance and
City of Garden
Grove
752

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-22
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Completion
provision of bicycle
repair.

Transportation
Mitigation Measures
MM-TRA-1: Implement Commute Trip Reduction Marketing: The Project Applicant shall implement a marketing strategy to promote the Project site employer’s Commute Trip Reduction (CTR) program. Information sharing and marketing promote and educate employees about their travel choices to the employment location beyond driving such as carpooling, taking transit, walking, and biking, thereby reducing VMT and GHG emissions.

City of Garden
Grove
MM-TRA-2: Provide End-of-Trip Bicycle Facilities: The Project shall install and maintain end-of-trip bicycle facilities for employee use. End-of-trip facilities include bike parking, bike lockers, showers, and personal lockers.

During project
construction for
installation and
City of Garden
Grove
753

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-23
Table 1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features
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Timing
Agency
Responsible for
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Date of
Completion
The provision and maintenance of secure bike parking and related facilities encourages commuting by bicycle, thereby reducing VMT and GHG emissions. The Project design includes on-site bicycle racks to accommodate a minimum of 38 short-term bicycle parking spaces and provide bicycle rentals for hotel guests on the ground level and 32 secure long-term bicycle parking spaces for employees; additionally, locker and shower facilities will be provided for employees. (CAPCOA Measure T-10) during project
operation for
maintenance and
provision of bicycle
rentals.

Project Design Features
None. N/A N/A N/A N/A
Notes: LEED = Leadership in Energy and Environmental Design; GPCD = gallons per capita per day; GWP = global warming potential; EPA = U.S. Environmental Protection Agency; GHG = greenhouse gas; MT CO2e = metric tons of carbon dioxide equivalent; VOC = volatile organic compound; N/A = not applicable. 754

ATTACHMENT A / SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM MAY 2026 A-24

INTENTIONALLY LEFT BLANK
755

GARDEN GROVE CITY COUNCIL
RESOLUTION NO. ____-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE

CONTINGENTLY APPROVING REVISIONS TO THE CONDITIONS OF APPROVAL FOR SITE PLAN NO. SP-107-2022 FOR THE SITE B2 PROJECT (NICKELODEON HOTEL

RESORT) ON PROPERTIES LOCATED AT THE NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311, 12321, AND 12323 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY, ASSESSOR’S PARCEL NOS. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54.

WHEREAS, Kam Sang Company is the Applicant; and
WHEREAS, in 2022, the City Council approved Street Vacation No.

SV-002-2022, Planned Unit Development No. PUD-141-01(A), and Site Plan No.

SP-107-2022, and adopted an associated Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (collectively, the “2022 Approvals”), which collectively authorized the development of a full-service, high-rise hotel resort (the “Nickelodeon Hotel Resort”) on a 3.72-acre site in the Grove District. The approved Project consists of a 500-room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements. The approved Project design is not changing; and
WHEREAS, on September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 filed a Petition for Writ of Mandate in the Orange County Superior Court challenging the 2022 Approvals on CEQA and other grounds, and Petitioner VietRISE later joined the litigation (OCSC Case No. 30-2022-01281816-CU-WM-CXC); and
WHEREAS, the parties reached a settlement agreement and, as a result, the Court entered a Stipulated Writ of Mandate on February 13, 2024 (the “Stipulated Writ”). Pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left the 2022 Approvals in place. The Stipulated Writ further requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant Vehicle Miles Travelled (VMT) and Greenhouse Gas (GHG) impacts; (b) assess whether modifications are needed to the 2022 Approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting pursuant to Garden Grove Municipal 756
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Code Section 9.32.030; all other claims in the Petition were waived, released, and dismissed with prejudice; and
WHEREAS, to comply with Paragraph 1(a) of the Stipulated Writ, the City prepared a Supplemental Environmental Impact Report (“SEIR”) providing a focused review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts. The SEIR was prepared and circulated in accordance with the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. GHG impacts were identified as significant and unavoidable while VMT impacts were found to be less than significant with the incorporation of mitigation. Concurrently with this Resolution, pursuant to paragraph 1(a) of the Stipulated Writ the City Council adopted Resolution No. ____-26, certifying the SEIR, adopting the Supplemental Mitigation Monitoring and Reporting Program, and adopted Findings, including a Statement of Overriding Considerations; and WHEREAS, to comply with Paragraph 1(c) of the Stipulated Writ, the City Council must approve, approve with modifications, or deny Planned Unit Development No. PUD-141-01(A) at a publicly agendized meeting. Concurrently with this Resolution, the City Council, pursuant to Paragraph 1(c) of the Stipulated Writ, introduced and conducted the first reading of an Ordinance reapproving Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR; and WHEREAS, following a public hearing held on May 7, 2026, the Garden Grove Planning Commission adopted: (i) Resolution No. 6133-26 recommending that the City Council certify the Supplemental Environmental Impact Report (SEIR), adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact, including a Statement of Overriding Considerations, pursuant to Paragraph 1(a) of the Stipulated Writ; (ii) Resolution No. 6134-26 recommending that the City Council approve revisions to the Conditions of Approval for Site Plan No. SP-107-2022 (referred to for identification purposes as Site Plan No. SP-107-2022 (Rev. 2026), contingent upon City Council certification of the SEIR and City Council adoption and effectiveness of an Ordinance approving, with modifications, Planned Unit Development No. PUD-141-01(A) pursuant to Paragraph 1(b) of the Stipulated Writ; and (iii) Resolution No. 6135-26 recommending that the City Council reapprove Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate; and WHEREAS, the action approved pursuant to this Resolution is limited to revising the Conditions of Approval for the previously approved Site Plan No.

SP-107-2022, consistent with Paragraph 1(b) of the Stipulated Writ, to incorporate 757
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the mitigation measures identified in the SEIR and other administrative updates. The site plan drawings, building footprint, height, layout, parking configuration, and architectural design are unchanged from those approved in 2022; and WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project, the SEIR, reapproval of the Planned Unit Development No. PUD-141-01(A), and contingent approval of the revisions to the conditions of approval for Site Plan No.

SP-107-2022 was held by the City Council on June 9, 2026, 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 June 9, 2026, 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. City Council Resolution No. ____-26 certifying the SEIR, adopting a Supplemental Mitigation Monitoring and Reporting Program, and adopting Findings of Fact, including a Statement of Overriding Considerations, 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 incorporates by reference the findings made in Planning Commission Resolution Nos. 6044-22 and 6045-22 and in City Council Resolution 9769-22 contingently approving Site Plan No. SP-107-2022 in 2022. Those findings remain valid and are not affected by the current action.

The revised Conditions of Approval are limited to incorporating the mitigation measures identified in the SEIR and conforming administrative updates, and do not alter the Project design, use, or any aspect of the Site Plan approval that was the subject of those prior findings. In addition:
 The Site Plan, with the revised Conditions of Approval, will continue to comply with the spirit and intent of the provisions, conditions and requirements of the General Plan and Title 9, and other applicable ordinances and policies of the City will continue to be complied with.  The Site Plan, with the revised Conditions of Approval, will continue to not adversely affect essential on-site facilities, such as off-street parking, loading and unloading areas, traffic circulation, and points of vehicular and pedestrian access. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited 758
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administrative updates and do not modify the approved site layout, access, circulation, or parking configuration.
 The Site Plan, with the revised Conditions of Approval, will continue to not adversely affect essential public facilities, such as streets and alleys, utilities, and drainage channels. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and do not modify any aspect of the Project affecting public infrastructure.
 The Site Plan, with the revised Conditions of Approval, will continue to not adversely impact the City's ability to perform its required public works functions. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and impose no new burdens on the City's public works operations.
 The Site Plan with the revised Conditions of Approval, will continue to be compatible with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and do not alter the approved building design, massing, landscaping, or streetscape improvements.

4. 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. 6134-26.

5. The Site Plan possess characteristics that justify the request in accordance with Sections 9.32.030 (Land Use Actions), of the Garden Grove Municipal Code.

6. Site Plan No. SP-107-2022 (Rev. 2026), is hereby approved, subject to and contingent upon the adoption and effectiveness of an ordinance reapproving Planned Unit Development No. PUD-141-01(A) by the Garden Grove City Council.

7. In order to fulfill the purpose and intent of Planned Unit Development No. PUD-141-01(A) and the Municipal Code, and thereby promote the health, safety, and general welfare, the revisions to the Conditions of Approval shown in Exhibit “A” attached hereto shall apply to Site Plan No. SP-107-2022. 759
EXHIBIT “A”
Site Plan No. SP-107-2022 (Rev. 2026)
12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive.

Vacated Thackery Drive and Public Alley

CONDITIONS OF APPROVAL
The following Conditions of Approval were originally adopted in 2022. Proposed changes to the original standards are shown with deletions shown in strikethrough, and with additions shown in bold-italics-underline.

GENERAL CONDITIONS

1. Each owner of the property shall execute, and the applicant shall record against the property, a “Notice of Discretionary Permit Approval and Agreement with Conditions of Approval” as prepared by the City Attorney’s Office, on the property. Proof of such recordation is required prior to issuance of building permits.

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 each of the following: the project applicant, Kam Sang Company, the developer of the project, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. All conditions of approval are required to be adhered to for the life of the project, regardless of property ownership. Except as otherwise expressly provided herein, any changes to the Conditions of Approval require approval by the applicable hearing body

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

4. Approval of this Site Plan 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 and Planned Unit Development No. PUD-141-01(A) shall apply.

5. Except as expressly specified herein, Site Plan No. SP-107-2022 (Rev. 2026) shall be subject to all Performance Standards applicable to Planned Unit Development No. PUD-141-01(A) (“PUD Performance Standards”), which are hereby incorporated into these Conditions of Approval by this reference. These Conditions of Approval are intended to supplement the PUD Performance 760
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
2 Standards. In the event any actual or perceived conflict between any PUD Performance Standard and more specific provisions of these Conditions of Approval, the more specific provisions of these Conditions of Approval shall apply. The City’s Community and Economic Development Director is authorized to make interpretations of these Conditions of Approval and to resolve any such actual or perceived conflicts.

6. Minor modifications to the Site Plan and/or these Conditions of Approval, which do not materially change the scope or intensity of the project and which will not result in new significant impacts that have not previously been addressed, may be approved by the Community and Economic Development Director, in his or her discretion. Proposed modifications to the project and/or these Conditions of Approval determined by the Community and Economic Development 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. Any significant changes to setbacks, building heights, or building locations shall require preparation and City approval of a new shade and shadow study.

7. The applicant shall, 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 decisionmaking body, or City staff action concerning the Project, including, without limitation, Site Plan No. SP-107-2022 (Rev. 2026) and the associated Supplemental Environmental Impact Report, Supplemental Mitigation Monitoring and Reporting Program, and Findings for the Project. 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 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.

8. The applicant shall design the Project to comply with all mitigation measures and project design features specified in the Mitigated Negative Declaration and Supplemental Environmental Impact Report, and the corresponding Mitigation Monitoring and Reporting Program and the Supplemental Mitigation Monitoring and Reporting Program. In order to verify compliance with all applicable project mitigation measures and design features, these Conditions of Approval, and the PUD Performance Standards, the applicant shall submit plans to the City prior to plan check submittal as described in PUD Performance Standard No. 6.
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Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
3 Public Works Engineering Division
Project Design

9. A geotechnical study prepared by a registered geotechnical engineer is required. The report shall analyze the liquefaction potential of the site and make recommendations. The report shall analyze sub-surface issues related to the past uses of the site, including sub-surface tanks and basement and septic facilities. Any soil or groundwater contamination shall be remediated prior to the issuance of a building 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 stormwater run-off, including potential infiltration alternatives, soil compaction, saturation, permeability and groundwater levels.

10. Prior to the issuance of any grading or building permits, the applicant shall submit to the City for review and approval a final design Water Quality Management Plan that:
a. Addresses required mitigation Site Design Best Management Practices (BMPs) based upon the latest Santa Ana Regional Water Quality Control Board (SARWQCB) 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 discharge” 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.
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Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
4 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 hydrologic and hydraulic calculations to size storm drains per the Orange County RDMD standards.

11. 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 right-of-way shall be RCP with a minimum diameter of 18-inches.

12. Grading and Street improvement 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 properties up to 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 proposed utility facilities. All on-site improvements shall be tied by horizontal dimensional control to the property boundary as established by survey. A minimum uninterrupted 20-foot wide throat access to the site is required from the street for commercial 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.

13. The applicant shall coordinate with Planning Services Division and the 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.

14. Prior to the issuance of the street improvement encroachment permit and grading permit, provide subdivision completion bonds for all work constructed under the street improvements and grading permit for review and approval by the City Engineer, City Attorney, and City Finance Department (Risk Management). Alternate forms of security may be considered, solely at the discretion of the City Engineer and with the concurrence of the City Attorney and City Finance Department (Risk Management)

15. Prior to issuance of a grading permit, the applicant shall design overhead street lighting within the frontage of the development in conformance with City specifications and the approval of the City’s Lighting Administrator. Location of lighting poles shall be shown on all the improvement plans and grading plan. 763
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Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
5 16. The grading plan shall depict an accessibility route 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.

17. All trash container areas shall meet the following requirements per City of Garden Grove Standard B-502 and State mandated commercial organic recycling laws, including AB 1826 and its implementing regulations, and any other applicable State recycling laws related to refuse, recyclables, and/or organics, i.e., AB 939, AB 341, SB 1383:
a. 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.
b. Provide solid roof or awning to prevent direct precipitation into the enclosure.
c. Connection of trash area drains to the municipal storm drain system is prohibited. Drainage from the enclosure may be directed to a conforming grease or contaminant interceptor.
d. 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. e. 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.
f. Pursuant to state mandated commercial organic recycling law-AB 1826, the applicant is required to coordinate storage and removal of the organics waste with local recycling/trash company.
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 appropriate 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 recycling/trash company to ensure the adequate frequency of trash pick-up is serviced to the site for municipal solid waste 764
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Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
6 (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 incorporated into the WQMP by narrative description, exhibits and an Operation and Maintenance Plan (O&M).
k. Trash enclosure areas shall be of appropriate size and number in order to accommodate three (3) separate recycling containers according to the recycling regulations of AB 939, AB 341, AB 1826, and SB 1383.

18. 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 & 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.

19. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Harbor Boulevard frontage improvements as identified below.

Unless otherwise agreed in writing by the City and approved by the City Council, consistent with the provisions, performance standards, and limitations of Planned Unit Development No. PUD-141-01(A), all landscape, irrigation, sidewalk, signal modifications and lighting improvements installed within the public rights-of-way shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division. 765
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
7 a. A separate street improvement plan shall be prepared and submitted to the Engineering Division for the proposed improvements within the public right-of-way Harbor Boulevard/Twintree Avenue, which shall include any proposed landscaping and irrigation plans. All work shall be per City standards and specifications.
b. Existing substandard driveways (2 total) on Harbor Boulevard shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.
c. Construct curb and gutter when replacing any existing driveway approaches along the property frontage on Harbor Boulevard in accordance with City Standard Plan B-113 (Type C-8 Modified). d. The applicant shall coordinate with Public Works Engineering Division to obtain direction on removal and replacement of any existing median or construction of new median improvements per City of Garden Grove Standard B-112 (Type A-8). The applicant shall design and construct median improvements consisting of a landscape/irrigation system fronting the project and completed to match existing median landscaping/irrigation to the other existing medians on Harbor Boulevard. The landscaping template will be provided to the applicant by Engineering Division.
e. Prior to occupancy, the applicant shall design and construct or modify existing raised island improvements at the main entrance on Harbor Boulevard to improve on site traffic circulation to be approved by the City Traffic Engineer.
f. Any further deviation from the approved traffic circles at the main entrance and in front of hotel lobby shall be approved by the City Traffic Engineer.
g. The new modified driveway approach to the site on Harbor Boulevard shall be constructed in accordance with Garden Grove Standard B-120. h. The applicant shall remove the existing sidewalk panels fronting the project on Harbor Boulevard and replace it decorative Alicante patterned sidewalk per City Standard Plan B-137 consistent with the existing sidewalk in the Harbor resort area, in a manner meeting the approval of the City Engineer. Said sidewalk shall be separated from the street curb by a five-foot landscaped area designed in a manner consistent with the existing landscaping within the resort area meeting the approval of the Planning Services Division Manager.
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Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
8 i. The applicant shall remove and replace the street pavement from the edge of the westerly gutter fronting the property on Harbor Boulevard to the edge of the existing median per City Standard B-101. j. The new landscaping in the Harbor Boulevard public right-of-way shall be consistent with the existing landscape pattern of the resort to the north of the project site, and as approved by Planning Services Division. k. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.
l. 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.
m. Street signs shall be installed as required and approved by the City Traffic Engineer.
n. In addition to payment of fair share costs required pursuant to the Planned Unit Development Performance Standards, in the event the traffic signal at the main entrance to the Project has already been installed and modifications to the approved plans necessitate modifications to the installed traffic signal, the applicant shall be fully responsible to pay for the entire cost to design, purchase, and construct such modifications to the traffic signal, as reasonably determined by the City Engineer.

20. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Twintree Avenue frontage improvements as identified below. All landscape, irrigation, sidewalk, signal modifications or full signal installation, if necessary, and lighting improvements installed within the public rights-of-way, shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division. a. A separate street improvement plan shall be prepared and submitted to the Engineering Division for the proposed improvements within the public right-of-way on Twintree Avenue, which shall include any proposed landscaping and irrigation plans. All work shall be per City standards and specifications.
b. Existing substandard driveways (3 total) on Twintree Avenue shall be removed and replaced with new curb, gutter, landscape, and sidewalk per City standards and specifications.
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Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
9 c. The single new driveway approach to the site on Twintree Avenue shall be constructed in accordance with Garden Grove Standard B-121.

Standard B-121 call for a minimum width of 30-feet for commercial projects, with any deviation from the standard to be approved by the City Traffic Engineer and detailed on the plan showing all modifications. d. The new driveway approach on Twintree Avenue shall be limited to left turn-out and right turn-in only access. The drive approach shall be designated in a manner to allow emergency vehicle access. e. The applicant shall remove all existing damaged sidewalk panels fronting the project on Twintree Avenue and replace it with new sidewalk panels in accordance with City of Garden Grove Standard B-106. The owner/contractor shall verify the removal and replacement sections of the sidewalk concrete panels with public works inspector prior to start of construction. Said sidewalk shall be separated from the street curb by a six-foot landscaped area designated in a manner meeting the approval of the Planning Services Division.
f. The applicant shall construct curb and gutter when replacing any existing driveway approach along the property frontage on Twintree Avenue in accordance with City Standard Plan B-114 (Type D-6).
g. One new wheelchair ramp and landing shall be constructed per latest Caltrans Standard Plan A88A at the northwest corner of Harbor Boulevard and Twintree Avenue.
h. The applicant shall locate all existing public utilities across the property frontage and within the property boundary of the project prior to commencement of grading operation and mobilization.
i. 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.
j. Street signs shall be installed as required and approved by the City Traffic Engineer.

21. The width of all private streets with rolled curb & gutter shall be measured from the flowline to flowline of the gutter per City of Garden Grove Standard B-116. Catch basin and parkway drain standards shall be modified to match the design geometrics of rolled curb as required and approved by the City Engineer.
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Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
10 22. A minimum three-foot-by-three-foot-wide maneuvering area shall be provided at the end of a dead-end parking aisle serving more than fine (5) consecutive stall and shall consist of nine-foot-by-nineteen-foot-wide turnaround space.

Permit Issuance

23. 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, along with all other applicable fees duly adopted by the City. The amount of said fees shall be calculated based on the City’s current fee schedule at the time of permit issuance.

24. A separate street permit is required for work performed within the public rightof-way.

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

26. 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 on-site or off-site, shall be included and covered by the erosion control and the Storm Water Pollution Prevention plan (SWPPP).

27. 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, and shall be subject to the review and approval of the City Traffic Engineer.

28. In accordance to City of Garden Grove Municipal Code (Chapter 9.48.030), the applicant is required to underground all existing and proposed on-site and offsite utility facilities fronting the project which the developer is developing or redeveloping. All existing improvements and utilities shall be shown as part of the grading submittal package in the topography section.

29. 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 Construction 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 769
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
11 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

30. The applicant shall coordinate with City’s Public Works Department (Engineering, Water Services and Streets Division) and set-up appointments for pre-construction inspections for all the on-site and off-site improvements prior to commencement of grading operation and mobilization.

31. In accordance with the Orange County Storm Water Program manual, the applicant and/or its contractors shall provide dumpsters on-site during construction unless an Encroachment Permit is obtained for placement in street.

32. The applicant and its 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. Applicant and its contractor shall also re-set the tie monuments where curb or curb ramps are removed and replaced or new ramps are installed. The Applicant and its contractor shall be liable for, at his expense, any resurvey required due to his negligence in protecting existing ties, monuments, benchmarks 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).

33. 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.

34. 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.
770
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
12 c. Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site.
d. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.
e. Identify responsible contractor and individuals for maintaining the new landscape and irrigation improvements for a period of five (5) years following the acceptance of the improvements by the City.

Building and Safety Division Services Division

35. All plans shall conform to the latest California (CA) Building Standards Code (CBC) at time of permit application.

36. The building shall be equipped with an automatic fire sprinkler system per CBC Chapter 9 and CA Fire Code.

37. A soil report complying with CBC Chapter 18 shall be required and shall be submitted for review at time of building permit application.

38. A Geo-technical peer review of the soil report shall be required, and shall be complete prior to building permit application.

39. Building commissioning shall be required per CA Energy Standards.

40. Exterior path-of-travels and interior accessible routes shall comply with CBC Chapter 11B.

41. All rooms/spaces/elements shall be on an accessible routed per CBC Chapter 11B.

42. Fire rated construction shall comply with CBC Chapter 7.

43. The project shall comply with the CA Green Code.

Public Works Water Services Division

44. New water service installations 2-inch and smaller, shall 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-inch and larger, shall be installed by developer/owner’s contractor per City Standards.

45. Water meters shall be located within the City right-of-way or within dedicated waterline easement. Fire services and large water services 3-inch and larger, 771
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
13 shall be installed by contractor with Class A or C-34 license, per City water standards and be inspected by approved Public Works inspection.

46. Domestic water and fire water shall tie into the existing 12-inch water main on Harbor Blvd.

47. If a looped water system is proposed, each point of connection to the City water main shall have a backflow prevention device per City standards.

48. Existing 6-inch water main and water services located in Thackery Drive shall be removed and 6" x 6" tee connection in the intersection of Thackery Drive and Twintree Avenue shall be abandoned per City Standards and Specifications.

49. A Reduced Pressure Principle Device (RPPD) backflow prevention device shall be installed for meter protection. The landscape system shall also have RPPD device. Any carbonation dispensing equipment shall have a RPPD device.

Installation shall be per City Standards and shall be tested by a certified backflow device tester immediately after installation. 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.

50. It shall be the responsibility of owner/developer 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.

51. A composite utility site plan shall be part of the water plan approval.

52. Water system on-site, not protected by backflow prevention device, shall be constructed per City Standards by developer and dedicated to the City.

Bonding will be required.

53. 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.

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

55. New utilities shall have a minimum 5-foot horizontal and a minimum 1-foot vertical clearance from water main and appurtenances.
772
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
14 56. There shall be a minimum clearance from sewer main and water main of 10 feet from outside-of-pipe to outside-of-pipe.

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

58. 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. The above-ground assembly shall be screened from public view as required by the Planning Division.

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

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

61. Commercial food use of any type shall require the installation of an approved grease interceptor prior to obtaining a business license. Plumbing plan for grease interceptor shall be routed to environmental services for review.

62. A properly-sized grease interceptor shall be installed on the sewer lateral and maintained by the property owner. There shall be a separate sanitary waste line that will connect to the sewer lateral downstream of the grease interceptor.

All other waste lines shall be drained through the grease interceptor. Grease interceptor shall be located outside of the building and accessible for routine maintenance. Owner shall maintain comprehensive grease interceptor maintenance records and shall make them available to the City of Garden Grove upon demand.

63. Food grinders (garbage disposal devices) are prohibited per Ordinance 6 of the Garden Grove Sanitary District Code of Regulations. Existing units are to be removed.

64. Owner shall install new sewer lateral with clean-out at right-of-way line. Lateral shall tie in to the 18-inch sewer main on Harbor Boulevard. Lateral in public right-of-way shall be 6-inch minimum diameter, extra strength VCP with wedgelock joints, and shall have a minimum 2% slope or minimum 2 ft/s (feet/second) velocity.

65. Existing 8-inch sewer mains and laterals on Thackery Drive and public alley shall be removed, and the connections to manholes on Twintree Avenue shall be plugged per City Standards and Specifications.
773
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
15 66. All perpendicular crossings of the sewer shall maintain a vertical separation of minimum 12-inch below the water main, outer-diameter to outer-diameter. All exceptions to the above require a variance from the State Water Resources Control Board.

Planning Services Division

67. The applicant shall submit detailed plans, showing the proposed location of utilities and mechanical equipment to the Community and Economic 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. All on-site and off-site utilities (off-site refers to the areas within public right-of-way to the center line of the streets adjacent to the subject property), within the perimeter of the site and to the centerline of the adjacent streets shall be installed or relocated underground. b. Above-ground utility equipment (e.g., electrical, gas, telephone, cable TV) shall not be located in the street setbacks along Harbor Boulevard and Twintree Avenue, and shall be screened to the satisfaction of the Community and Economic Development Department.
c. No roof-mounted mechanical equipment, including but not limited to dish antennas, shall be permitted unless a method of screening complementary to the architecture of the building is approved by the Community and Economic Development Department prior to the issuance of building permits. Said screening shall block visibility of any roof-mounted mechanical equipment from view of public streets and surrounding properties.
d. All ground- or wall-mounted mechanical equipment shall be screened from view from any place on, or off, the site.
e. 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 architectural lines of the building.

68. All landscaping shall be consistent with the landscape requirements within the development standards set forth in Planned Unit Development No.

PUD-141-01(A). The applicant shall submit a complete and detailed landscaping plan with irrigation systems included for review and approval by the Community and Economic Development Department prior to the issuance of a building permit. Drought tolerant plantings are encouraged. The landscape plan shall include the type (both common and botanical names), size, location, 774
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
16 and quantity of all proposed plant material. All proposed landscaping shall be planted prior to the finalization of the building permit. The plan shall be consistent with the landscape requirements set forth and/or incorporated in the Garden Grove Municipal Code. All landscape irrigation shall comply with the City’s Landscape Ordinance, associated Water Efficiency Guidelines and all recent applicable revisions from the State of California on water conservation measures shall be to the landscape plans. The 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.

Subsurface systems are encouraged. The irrigation plan for any new trees shall have a deep-water irrigation system that shall be specified on the landscape plan. A detail of the deep-water irrigation system shall be provided for review. If sprinklers are used, they shall be low flow/precipitation sprinkler heads for water conservation. b. The plan shall provide a mixture of a minimum of ten percent (10%) of the trees at 48-inch box, ten percent (10%) of the trees at 36-inch box, fifteen percent (15%) of the trees at 24-inch box, and sixty percent (60%) of the trees at 15-gallon, the remaining five percent (5%) may be of any size. These trees shall be incorporated into the landscaped frontages of all streets. Where clinging vines are considered for covering walls, drought tolerant vines shall be used.
c. Clinging vines shall be installed within the landscape planters along the perimeter block walls to deter graffiti.
d. Trees planted within ten (10) feet of any public right-of-way shall be planted in a root barrier shield. All landscaping along street frontages adjacent to driveways shall be of the low-height variety to ensure safe sight clearance.
e. Landscaping along Harbor Boulevard, including within the public-of-way, shall include two rows of Date Palm Trees (minimum brown trunk height of 25 feet), canopy trees (minimum 24-inch box), shrubs, and ground covers. Landscape materials shall match the landscape materials used within the project located at the southwest corner of Harbor Boulevard and Chapman Avenue unless the City adopts a landscape design for Harbor Boulevard. The Community and Economic Development Director may approve minor modifications to the foregoing standards as to height, size, and placement of the palm trees along Harbor Boulevard. f. Landscaping along Twintree Avenue, including within the public right-of-way shall include canopy trees (minimum 24-inch box), shrubs, and ground covers. Landscape materials shall match the landscape 775
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
17 materials used along the Harbor Boulevard, and shall be properly maintained.
g. Flexibility to the height of the palm trees, and their placement along Harbor Boulevard, shall be reviewed and approved by the Community and Economic Development Director.
h. All landscape areas, including the areas located within the public right-of-way along Harbor Boulevard and Twintree Avenue, are the responsibility of the developer/operator of the hotel.
i. The landscape plan shall incorporate and maintain for the life of the project those means and methods to address water run-off also identified as Low Impact Development provisions, in accordance with Chapter 6.40 of the Garden Grove Municipal Code, and the regulations and technical documents incorporated and required thereunder, including, but not limited to any application of Water Quality Management Plans (WQMP), Drainage Area Management Plans (DAMP) and any other water conservation measures applicable to this type of development.
j. At the time of irrigation installation, 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.
k. 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.

69. Hours and days of construction and grading shall be as follows, and all work shall comply with the noise regulations as set forth in Chapter 8.47 of the City of Garden Grove Municipal Code, except as follows:
a. Monday through SaturdayFriday - not before 7:00 a.m. and not after 87:00 p.m. (of the same day).
b. Saturday – not before 9:00 a.m. and not after 6:00 p.m. (of the same day).
c. Sunday and Federal Holidays – no construction shall occur.

70. There shall be no deliveries from or to the premises before 7:00 a.m. and after 10:00 p.m., seven days a week. Signage shall be posted in the designed loading areas reflecting these delivery hours.
776
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
18 71. The parking structure shall be designed to be architecturally compatible with the hotel’s architectural design and shall integrate similar design features, details, and materials. The louvered or perforated wall paneling required as part of the project design feature shall be architecturally compatible and integrated with the design of the hotel building. All sides of a parking structure that are in view from adjacent properties and the public rights-of-way shall be architecturally enhanced. The parking structure shall be well illuminated, including having the interior of the parking garage painted a light color, and designed to meet City parking standards for drive-aisle width, stall sizes, and height clearances. The design of the parking structure stairwells shall architecturally match the design of the parking structure, and shall be designed to reduce visibility to the adjacent residential properties.

72. A minimum of 480 parking spaces are required to serve the Project at the full permitted build-out based on the proposed number of hotel rooms and proposed square footages of uses analyzed in the Shared Parking Study. In the event the applicant proposes to modify the number of hotel rooms or the square footages of the other proposed uses beyond those analyzed in the Shared Parking Study, or the applicant proposes to reduce the number of required parking spaces, a new shared parking analysis shall be prepared and approved by the City. The applicant shall implement the recommendations of the Shared Parking Study and/or any subsequent shared parking analyses approved by the City.

73. The service and sale of alcoholic beverages within the hotel, hotel restaurants, and hotel ballroom/meeting rooms shall be subject to approval of a Conditional Use Permit.

74. Any new or required block walls and/or retaining wall(s) 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. All block walls constructed on the project site shall be of slump stone or split-face block with decorative caps, subject to Community and Economic Development Department’s approval, shall maintain a maximum height of 8-feet as measured from the property’s finished grade.
b. An eight-foot high block wall shall be constructed along the northwest and western property lines, adjacent to the residential properties. The block wall located adjacent to the Twintree Avenue driveway entrance shall comply with the vehicular line-of-sight clearances designed to the satisfaction of the City’s Traffic Engineer.
777
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
19 c. Any new block walls constructed along the Twintree Avenue property line (southern property line) shall maintain a five-foot setback from the property line.
d. At no time shall a wall be placed within nine-feet from the property line. e. The applicant shall work with adjacent property owners in designing and constructing the required perimeter block wall to avoid having double walls, and to 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 adjacent 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 location of a new wall adjacent to an existing wall or fence has the potential to affect the landscape planter, then the Developer shall work with City Staff to address this situation. f. The Community and Economic Development Director may authorize minor modifications to the required wall heights and setbacks set forth above as authorized pursuant to the Ordinance approving Planned Unit Development No. PUD-141-01(A). Notwithstanding the foregoing, with exception of the block wall on the westerly or northwesterly property line shall comply with all standards required as by mitigation measures pursuant to the mitigated negative declaration and identified in the mMitigation mMonitoring and Reporting pProgram.

75. Building color and material samples shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits. All buildings shall incorporate decorative design features, architectural enhancements, and other design elements that are designed to the satisfaction of the Community and Economic Development Department.

76. The developer shall comply with all provisions of the Community and Economic Development Department including, but not limited to, the following:
a. The facades of the hotel shall be designed with sound attenuation features including the use of dual pane windows and limiting, when possible, the use of windows and vents. These features shall be approved by the Community and Economic Development Department prior to the issuance of building permits.
b. Prior to the finalization of working drawings, the developer shall submit to the Community and Economic Development Department detailed and dimensioned plot plans, floor plans, exterior elevations, and landscape plans which reflect the above conditions of approval, including those 778
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
20 project design features in the Mitigated Negative Declaration and Supplemental Environmental Impact Report and those
mitigation measures in the Mitigation Monitoring and Reporting Program and the Supplemental Mitigation Monitoring and
Reporting Program. The plans shall indicate cross-sections of all streets within the development, landscape materials, wall materials, and building materials proposed for the project. Each unit shall have phone jacks and cable-TV outlets in all hotel rooms. Mechanical equipment, including air conditioning units, pool equipment, sump pump, etc., shall not be located closer than five feet of any side or rear property line and shall not be located in the front landscape setback. Air conditioning units and all other mechanical shall be completely screened from public view from the street and/or common open space area.
c. Should the developer elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community and Economic Development Department prior to issuance of building permits. 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 and Economic Development, OCFA, and Public Works Departments prior to issuance of building permits.
d. If at any time after the construction of the hotels, the City receives complaints about the light and glare reflected by the hotel’s windows, the developer/operator shall remedy the situation to the reasonable satisfaction of the Community and Economic Development Department.

77. The project shall comply with the following refuse storage requirements:
a. The refuse storage and collection areas shall be provided and subject to both Garden Grove Sanitation District (GGSD), and GGSD contracted solid waste handler/hauler approval, and be subject to applicable building and fire codes.
b. The refuse storage and collection areas shall be designed to comply with the City’s B-502 trash enclosure standard, or with an alternative design approved by the Public Works Engineering Division.
c. The refuse storage areas shall be properly maintained. The refuse storage enclosure doors shall be kept closed and secured, except during trash disposal or pickup. Trash pickups and automated parking lot cleaning/sweeping, shall occur between the hours of 8:00 a.m. and 6:00 779
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
21 p.m. The applicant shall provide sufficient trash bins and pick-ups to accommodate the site.
d. The refuse storage area shall have a unifying color and exterior finish that matches, and are integrated, with the proposed development. The proposed roof design of the trash enclosure shall be architecturally compatible with the design of the development. The Planning Services Division shall review and approve the design of the proposed roof and the material(s). The proposed roof and materials shall also comply with the building code requirements.

78. No satellite dish antennas shall be installed on said premises unless and until plans have been submitted to and approved by the Community and Economic Development Department, Planning Services Division, which may require proper screening to hide such appurtenances from public view.

79. All service doors shall be kept closed at all times during hours of operation except in case of emergency or to permit deliveries. Panic hardware on doors shall comply with all City Code requirements.

80. Litter shall be removed daily from the project site including adjacent public sidewalks and all parking areas under the control of the applicant. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis, to control debris.

81. The applicant shall abate all graffiti vandalism within the premises. The applicant 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 necessary. Graffiti shall be removed/eliminated by the applicant as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.

82. The developer/owner shall submit signed letters acknowledging receipt of the decision for Site Plan No. SP-107-2022 (Rev. 2026), and their agreement with all conditions of approval.

83. 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-107-2022 (Rev. 2026) shall be valid for a period of two (2) years from the effective date of this approval. 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-107-2022 (Rev. 2026) shall become null and void if the subject development and construction necessary and incidental thereto is not 780
Exhibit “A” Page
Site Plan No. SP-107-2022 (Rev. 2026)
Conditions of Approval
22 commenced within one (1) years of the expiration of the appeal period and thereafter diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to Site Plan No. SP-107-2022 (Rev. 2026) shall expire if the building permits for the project expire.

84. Prior to commencement of Project operations, the applicant shall evaluate the viability of installing high visibility crosswalks at the location of the three existing crosswalks at the intersection of Twintree Lane and Harbor Boulevard to increase the visibility of pedestrian crossings, and shall submit the results of that evaluation to the City's Public Works Department, Engineering Division.

The City shall determine, in its reasonable discretion, whether installation of high visibility crosswalks at those locations is merited. If the City determines that installation is merited, the applicant shall install high visibility crosswalks at those locations prior to commencement of Project operations, in coordination with the California Department of Transportation, to the reasonable satisfaction of the City's Public Works Department, Engineering Division.
781
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE REAPPROVING PLANNED UNIT DEVELOPMENT NO. PUD-141-01(A) WITH

MODIFICATIONS LIMITED TO THE PLANNED UNIT DEVELOPMENT PROVISIONS AND DEVELOPMENT AND PERFORMANCE STANDARDS FOR THE SITE B2 HOTEL PROJECT

FOR PROPERTIES LOCATED AT THE NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311, 12323, AND 12321 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321

THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY (ASSESSOR PARCEL NUMBERS: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54).

City Attorney Summary
This Ordinance reapproves Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards that apply to an approximately

3.7-acre site in the City of Garden Grove commonly known as the Site B2 Hotel Project site, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311, 12323 and 12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, the vacated Thackery Drive, and the vacated alley (Assessor Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 54). On September 13, 2022, the Garden Grove City Council adopted Ordinance No. 2938 approving Planned Unit Development No. PUD-141-01(A) to facilitate development of a full-service, high-rise hotel resort consisting of a 500-room hotel resort with a themed pool experience with a lazy river and a pool slide; event space with a 600- seat theater; 17,715 square feet of ballroom/meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements. This Ordinance implements Paragraph 1(c) of the Stipulated Writ of Mandate entered by the Orange County Superior Court on February 13, 2024 in the matter identified as OCSC Case No. 30-2022-01281816-CU-WM-CXC by reapproving Planned Unit Development No. PUD-141-01(A) with modifications to the Planned Unit Development Provisions and Development and Performance Standards to incorporate those mitigation measures and project design features identified in the Supplemental Environmental Impact Report prepared to comply with the Stipulated Writ of Mandate.

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY FINDS AND DETERMINES AS FOLLOWS:
782
Ordinance No. Page 2
WHEREAS, the Site B2 Project (Nickelodeon Hotel Resort) (the “Project”) consists of the development of a full-service, high-rise hotel resort on an approximately

3.72 acre site known as Site B2, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, the vacated Thackery Drive, and the vacated alley (Assessor’s Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 54) (collectively, the “Project Site”) and comprised of a 500-room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements; and WHEREAS, on July 7, 2022, Planning Commission of the City of Garden Grove adopted Resolution No. 6044-22 recommending that the City Council adopt a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project and approve Planned Unit Development No. PUD-141-01(A) to create a sub-area within Planned Unit Development No. PUD-141-01 comprised of the Project Site and to establish provisions and development and performance standards for the subject site to facilitate development of the Project; and WHEREAS, on August 23, 2022, the City Council of the City of Garden Grove adopted Resolution No. 9768-22 adopting a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project, adopted Resolution No. 9769-22 contingently approving Site Plan No. SP-107-2022, and introduced an Ordinance to approve Planned Unit Development No. PUD-141-01(A); and WHEREAS, on September 13, 2022, the Garden Grove City Council adopted Resolution No. 9772-22 approving Street Vacation No. SV-002-2022 and adopted Ordinance No. 2938 approving Planned Unit Development No. PUD-141-01(A); and WHEREAS, Resolution No. 9768-22, Resolution No. 9769-22, Resolution No. 9772-22, and Ordinance No. 2938 are collectively referred to herein as the “2022 Approvals”; and
WHEREAS, on September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 filed a Petition for Writ of Mandate in the Orange County Superior Court challenging the 2022 Approvals on CEQA and other grounds, and Petitioner VietRISE later joined the litigation (OCSC Case No. 30-2022-01281816-CU-WM-CXC) (the “Petition”); and
WHEREAS, the parties reached a settlement agreement and, as a result, the Court entered a Stipulated Writ of Mandate on February 13, 2024 (the “Stipulated Writ”); pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left 783
Ordinance No. Page 3
the 2022 Approvals in place; the Stipulated Writ further requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant VMT and GHG impacts; (b) assess whether modifications are needed to the 2022 Approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting pursuant to Garden Grove Municipal Code Section 9.32.030; all other claims in the Petition were waived, released, and dismissed with prejudice; and WHEREAS, to comply with Paragraph 1(a) of the Stipulated Writ, the City prepared a Supplemental Environmental Impact Report (“SEIR”) providing a focused review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts, in compliance 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.; GHG impacts were identified as significant and unavoidable; VMT impacts were identified as less than significant with the incorporation of mitigation; and a Supplemental Mitigation Monitoring and Reporting Program and Findings, including a Statement of Overriding Considerations, have been prepared; and WHEREAS, following a public hearing held on May 7, 2026, the Planning Commission adopted (A) Resolution No. 6133-26 recommending that the City Council, pursuant to Paragraphs 1(a) of the Stipulated Writ, certify the SEIR, adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact, including a Statement of Overriding Considerations; (B) Resolution No. 6134-26 recommending that the City Council, pursuant to Paragraph 1(b) of the Stipulated Writ, contingently approve revisions to the Conditions of Approval for Site Plan No.

SP-107-2022 (Rev. 2026); and (C) Resolution No. 6135-26 recommending that the City Council, pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate and Garden Grove Municipal Code Section 9.32.030, adopt an Ordinance reapproving Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR. The facts and findings set forth in Resolution Nos. 6133-26, 6134-26, and 6135-26 are hereby incorporated into this Ordinance by reference; and
WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Supplemental Environmental Impact Report was held by the City Council on June 9, 2026, and all interested persons were given an opportunity to be heard; and WHEREAS, on June 9, 2026, the City Council adopted Resolution No. ____-26 certifying a Supplemental Environmental Impact Report, Adopting a Supplemental Mitigation Monitoring and Reporting Program, and adopting Findings, Including a Statement of Overriding Considerations, for the Project, and Resolution No. ____-26 contingently approving revisions to the Conditions of Approval for Site Plan No.

SP-107-2022; and
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Ordinance No. Page 4
WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of June 9, 2026, and considered all oral and written testimony presented; and
WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6135-26 and makes the following findings regarding Planned Unit Development No. PUD-141-01(A):

A. PUD-141-01(A), as modified, is consistent with the City’s General Plan.

B. That the location, design and proposed uses of PUD-141-01(A), as modified, are compatible with the character of existing development in the vicinity and will be well integrated into its setting.

C. PUD-141-01(A), as modified, will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding or access streets.

D. PUD-141-01(A), as modified, makes provision for both public and private open spaces.

E. PUD-141-01(A), as modified, makes provision for the protection and maintenance of private areas reserved for common use.

F. That the quality of the project achieved through the planned unit development zoning is greater than could be achieved through traditional zoning.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARDEN GROVE, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS:

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

Section 2. Environmental Review. City Council Resolution No. ____-26 Certifying a Supplemental Environmental Impact Report, Adopting a Supplemental Mitigation Monitoring and Reporting Program, and Adopting Findings, Including a Statement of Overriding Considerations, for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.

Section 3. Findings Incorporated by Reference. The findings, facts and reasons stated in Planning Commission Resolution Nos. 6044-22 and 6135-26, and in Ordinance No. 2938, copies of which are on file in the office of the City Clerk, are incorporated herein by reference with the same force and effect as if set forth in full herein.
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Ordinance No. Page 5
Section 4. Reapproval. Planned Unit Development No. PUD-141-01(A) is hereby reapproved, subject to the modified provisions and development and performance standards attached hereto as “Exhibit A.” Except as otherwise modified pursuant to this Ordinance, the provisions of Ordinance No. 2938, adopted on September 13, 2022, shall continue in full force and effect.

Section 5. Modification. As set forth in Ordinance No. 2938, in the event the proposed Site B2 Hotel Project is not developed for any reason, the property owner(s) shall continue to have the right to develop that portion of the site subject to that certain Development Agreement between the City of Garden Grove and Palm Court Lodging, LLC, dated February 26, 2002, and recorded in the Official Records of the County of Orange on March 21, 2002, as document number 20020231935, in accordance with Planned Unit Development No. PUD-141-01 and the vested rights conferred by said Development Agreement. In addition, those residential uses, if any, that were permitted on the parcels comprising the Project site under the General Plan Land Use designation(s) or zoning ordinances of the City as in effect on January 1, 2018, shall remain permitted uses, subject to the applicable development standards and review and approval in accordance with the Garden Grove Municipal Code and State law.

Section 6. Zoning. The Project Site shall continue to be zoned Planned Unit Development No. PUD-141-01(A) as shown on the Zoning Map attached as Exhibit “A” to Ordinance No. 2938.

Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, subsection, subdivision, sentence, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.

Section 8. Effective Date. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption. 786
EXHIBIT “A”
Planned Unit Development No. PUD-141-01(A)
Modified
Planned Unit Development Provisions and
Development and Performance Standards
A. Purpose and Intent
The purpose and intent of Planned Unit Development No. PUD-141-01(A) is to facilitate the development of a hotel resort consisting of 500 hotel rooms within a full-service, high-rise hotel resort with entertainment; a themed pool deck with a lazy river and a pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurants; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; an 8,532 square-foot spa and fitness center; and a parking structure. This Planned Unit Development subarea expands the scope of potential development intensity on the covered property and is not intended to modify or reduce the permitted intensity of residential uses otherwise permitted on any portion of the property, if any, or to extinguish the existing rights, if any, granted pursuant to that certain Development Agreement entered into between the City of Garden Grove and Palm Court Lodging, LLC, dated February 26, 2002, recorded in the Official Records of the County of Orange on March 21, 2002, at Document No. 20020231935.

B. Maximum Square Footages
The aggregate square footages of the banquet and meeting space, hotel restaurants, retail, and hotel amenities permitted within PUD-141-01(A) shall not exceed the following maximums:
 Ballroom/Meeting Space 17,715 Square Feet
 Restaurant 22,296 Square Feet
 Retail 5,480 Square Feet
 Hotel Amenities:
o Theater (Nick Studio) 600 Seats
o Entertainment Venue 6,448 Square Feet
(Studio Hall)
o Arcade (Nick Arcade) 7,000 Square Feet
o Spa/Fitness 8,532 Square Feet
C. Permitted Uses
The following uses shall be permitted or conditionally permitted within PUD-141-01(A):
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 Hotels, hotels with ballroom and meeting space, restaurants, and ancillary hotel uses such as gift shops, coffee and beverage dispensary, swimming pool, spa, and fitness room.
 Hotels with entertainment shall be limited as an accessory use to the ballroom and meeting space, and shall be subject to a Conditional Use Permit.  Alcohol sales on-site and off-site are subject to all provisions of Title 9 of the Municipal Code, including, but not limited to, Conditional Use Permit (CUP) approval.
 Restaurants with or without alcoholic beverage sales. Restaurants with alcoholic beverage sales are subject to a Conditional Use Permit.  Restaurants with entertainment shall be subject to a Conditional Use Permit.  Outside vending such as hot dog carts, merchandise carts, and similar freestanding/mobile vending carts are subject to Conditional Use Permit approval.  Parking lots and parking structures to serve the project.  Any proposed use that is not listed shall be subject to an Interpretation of Use pursuant to Section 9.32.030 of the Municipal Code that shall be reviewed by the Zoning Administrator.
 Those residential uses, if any, that were permitted under the General Plan Land Use designation(s) or zoning ordinances of the City as in effect on January 1, 2018, shall remain permitted uses, subject to the applicable development standards and review and approval in accordance with the Garden Grove Municipal Code and State law.

D. Setbacks
The minimum building setbacks shall be as follows:

1. Front Setback: Minimum building setback from the Harbor Boulevard property line (ultimate right-of-way) shall be nine feet (9’-0”).

2. Side Street Setback: Minimum building setback along Twintree Avenue shall be ten feet (10’-0”) from the property line.

3. Interior Side and Rear Setbacks: No minimum setback shall be required adjacent to commercial uses. A minimum ten-foot (10’-0”) setback is required adjacent to any property line with an adjoining residential use.

Building elements such as structural components, architectural features, or roof projections shall not encroach into the required perimeter setback areas. 788
E. Maximum Building Height
Building heights shall be determined through a Shade and Shadow Study, and approved through a Site Plan review.

F. Landscaping
General: The site shall consist of a combination of trees, shrubs and bushes, and groundcover with the allowance for other landscape treatments such as large rocks, water elements, unique walkway paving, and street furniture. Any area not covered by roadways, parking, walkways, and buildings shall have landscape treatment.

Harbor Boulevard Landscape Treatment: Landscaping along Harbor Boulevard, including within the public right-of-way, shall include two rows of Date Palm Trees with a minimum brown trunk height of twenty-five feet (25’-0”), canopy trees (24- inch box minimum), shrubs, and groundcovers. Landscape materials shall match the landscape materials used within the Grove District area. The landscape area shall include up-lighting on the trees. All aspects and elements of the Harbor Boulevard Landscape Treatment shall be included on the required Project landscape and irrigation plans and shall be reviewed and approved by the Community Development Department and the Public Works Department prior to the beginning of site construction. The Community Development Director may approve minor modifications to the foregoing standards as to height, size, and placement of the palm trees along Harbor Boulevard.

Landscape Plan: A detailed landscape plan shall be prepared and approved prior to site construction. The plan shall show all plant material, water elements, pathways, and other landscape treatments. The landscape plan shall be the basis for how the site is to be developed and maintained for the life of the project. Should changes need to occur, revisions, renovations, or changes to the landscaping shall be reviewed and approved by the Community Development Department to ensure the aesthetics are maintained.

The landscape plan shall incorporate and provide for maintenance for the life of the project those means and methods required to address water runoff, also identified as Low Impact Development provisions, in accordance with Chapter 6.40 of the Garden Grove Municipal Code, and the regulations and technical documents incorporated and required thereunder, including, but not limited to, any applicable Water Quality Management Plan (WQMP), the Orange County Drainage Area Management Plan (DAMP), and any other water conservation measures applicable to this type of development.

Landscaping shall be provided within the project boundaries, as well as along Harbor Boulevard and Twintree Avenue. The landscape treatment along Harbor Boulevard shall include a double row of palm trees with canopy trees, shrubs, and groundcover consistent with the Grove District Anaheim Resort landscape plan for Harbor Boulevard. The landscape treatment along Twintree Avenue shall incorporate canopy trees, shrubs, and groundcover similar to the landscape treatment on Harbor Boulevard.
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The required width of the public sidewalk and parkway improvements on Harbor Boulevard and Twintree Avenue shall be determined by the Public Works Department, Engineering Division, to ensure a consistent pattern consistent with the right-of-way improvements for the resort district.

The property owner shall be responsible for all installation and long-term maintenance of all landscaping on the property during and after the construction period. Said responsibility shall extend to any landscaping, sidewalk, curb, and pavement of the site, and shall extend to the public right-of-way adjacent to the site, subject to the parameters and limitations set forth in the Performance Standards attached hereto as Exhibit “B.” All planting areas shall be kept free of weeds, debris, and graffiti.

G. Boundary:

The site’s boundary for maintenance, landscaping, and improvements is that area around the project site that extends to the property line along adjacent properties, and where the project is adjacent to public right-of-way, the boundary shall extend to the curb of each street respectively, subject to the parameters and limitations set forth in the Performance Standards attached hereto as Exhibit “B.” H. Maintenance:

The overall site, inclusive of landscaped areas and other amenities and features (e.g., water elements, irrigation systems, sculptures, street furniture, trash receptacles, common area signage, and lighting) shall be kept in proper working condition, maintained for the life of the project, with planted areas kept in a weed-free, healthy, and growing condition, with debris removed on a regular basis.

I. Circulation and Access
The site shall provide one (1) access point on Harbor Boulevard and one (1) access point on Twintree Avenue, and subsequent improvements as identified in the mitigation measures of the SEIR adopted pursuant to the Stipulated Writ of Mandate.

The final location of the emergency access shall be determined prior to submittal of plans for building and grading permits and shall be subject to approval by the Community Development Director.

The Harbor Boulevard entrance shall serve as the main entrance to the project site for all guests, visitors, and hotel employees. Tourist buses and shuttle buses shall also use the Harbor Boulevard entrance for access. The Twintree Avenue entrance shall serve as a secondary vehicular entrance only and shall be restricted for use by emergency vehicles, maintenance vehicles, and trash and delivery trucks only.

The main access point on Harbor Boulevard shall include a signalized intersection aligned with the main access point of the hotel development located across from the project site, permitting two-way traffic and left- and right-turn movements in and out of the site. The access point on Twintree Avenue shall only permit right-turn-in and left-turn-out of the project site.
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The Project shall provide an internal vehicular circulation system designed to comply with the City’s minimum drive-aisle standards, accommodating two-way traffic and providing appropriate access for trash trucks and emergency vehicles.

Internal circulation shall meet all applicable City standards and shall allow ease of access through all drive-aisles, roundabouts, the parking structure, and drop-off and pick-up areas in front of the hotel. Vehicle ease of access shall account for fire trucks, sanitation trucks, delivery trucks, tour buses, etc., accommodated through turning radius and necessary height clearances, as well as designated parking areas including staging areas for events and equipment loading and unloading.

The paving and concrete treatment of all driveways along Harbor Boulevard and Twintree Avenue shall be subject to review and approval of the Community Development Director, who, in his or her discretion, may require decorative paving and/or enhanced concrete treatment.

J. Required Parking:

Except as provided below, the hotel project shall provide a minimum of 480 parking spaces. This parking requirement is based on the total number of hotel rooms and aggregate square footages of the hotel resort uses analyzed in the Shared Parking Study attached as Appendix J to the Initial Study prepared for PUD-141-01(A), including:
 A maximum of 500 hotel rooms
 A maximum of 17,715 square feet of ballroom/meeting space  A maximum of 22,296 square feet of hotel restaurant space  A maximum of 5,480 square feet of retail
 A 600-seat theater (Nick Studio)
 A maximum 6,448 square feet of family entertainment (Studio Hall)  A maximum of 8,532 square feet of spa space
In the event of changes in the aforementioned square footages that may affect the total required parking, such as a square footage increase beyond those analyzed in the Shared Parking Study, or if a reduction to the total required parking spaces is proposed based on a reduction to the number of hotel rooms or use square footages, an updated shared parking study shall be prepared to determine the required minimum number of parking spaces. The updated shared parking study and associated change in the number of required parking spaces may be reviewed and approved by the Community Development Director.

The owners and/or tenants of the hotel project shall implement the required mitigation measures identified in the Supplemental Mitigation Monitoring and Reporting Program adopted pursuant to the Stipulated Writ of Mandate to minimize impacts to parking.

In the event a significant addition or expansion of uses or the development of a different project than what was analyzed in the SEIR adopted pursuant to the 791
Stipulated Writ of Mandate is proposed, a new site-specific parking analysis shall be prepared for City review and approval.

K. Parking Structure Design
The parking structure shall be designed to be architecturally compatible with onsite buildings, utilizing similar design features, details, and materials. All sides of a parking structure in view from adjacent properties and public right-of-way shall be architecturally enhanced. The parking structure shall be well illuminated, including having the interior painted a light color, and designed to meet City parking standards for drive-aisle width, stall sizes, and height clearances. Within the structure, an emergency communication system shall be installed and maintained that allows emergency services such as police, fire, and paramedics to use communication devices throughout the enclosed areas. The design of the parking structure shall also incorporate the mitigation measures and project design features identified in the SEIR adopted pursuant to the Stipulated Writ of Mandate.

L. Perimeter Walls
All new block walls shall be of decorative slumpstone or split face block, with decorative cap, and shall maintain a maximum height of eight feet as measured from the property’s finished grade.

A new eight-foot (8’-0”) tall block wall shall be constructed on the western and northwestern property lines, adjacent to the residential properties. The developer shall work with adjacent property owners in designing and constructing the perimeter block walls to avoid double walls and to minimize any impact on existing landscaping on the neighbor’s side. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the developer cannot obtain approval from the adjacent property owners, the new wall may be constructed with a decorative cap placed between the new and existing walls.

Any new block walls constructed along the Twintree Avenue property line shall maintain a five-foot (5’-0”) setback from the property line.

At no time shall a block wall be placed within nine feet of the Harbor Boulevard property line.

Any block wall located adjacent to a driveway shall ensure that the appropriate lineof-sight is maintained as determined by the Public Works Department, Engineering Division.

The Community Development Director may authorize minor modifications to the required wall heights and setbacks to accommodate permitted differences between submitted development plans and the project plans. Notwithstanding the foregoing, the block wall on the westerly and northwesterly property lines shall comply with all standards required by the mitigation measures and project design features identified in the SEIR and Supplemental Mitigation Monitoring and Reporting Program adopted pursuant to the Stipulated Writ of Mandate.
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M. Signs and Graphic Standards
All signage, including sign type and allowable sign area, shall be in accordance with Chapter 9.20 of Title 9 of the Municipal Code as allowed by the C-1 zone.

The total allowable sign area shall be calculated per Chapter 9.20.060.B of Title 9 of the Municipal Code. Signs may be mounted flush with the wall surface or perpendicular to the wall (blade sign).

Freestanding signs shall comply with the Overlay Design Standards for the International West Resort Area per Section 9.20.045 of the Municipal Code.

A sign program governing all site signage, inclusive of wall signage, common area signage, freestanding signs, and directional signs, is required. The sign program shall be approved by the Community Development Director, or his or her designee, prior to occupancy of the site and shall remain in effect for the duration of the project. All changes to the approved sign program shall be approved by the Community Development Director, or his or her designee.

All common area signs, directional signs, and kiosk-type signs shall be uniform in lettering, material, and coloring.

N. Utilities
All utility lines shall be underground or placed in locations concealed from view. This includes gas and electrical lines and conduit, Cable TV, telephone lines and conduit, and any other utility or service lines, including water pipes for domestic use and fire sprinkler systems.

O. Storage and Refuse Collection
All staging and storage areas for the hotel and hotel uses shall be provided within the hotel’s loading area. No outside storage area shall be provided, nor shall there be any outside storage of goods or merchandise at any time. Designated staging areas (loading/unloading) for general deliveries of goods sold on the site may be created, but these staging areas shall not block or hinder vehicle or pedestrian traffic or restrict emergency vehicles or emergency access.

Refuse storage and collection areas shall be provided and subject to both Garden Grove Sanitation District (GGSD) and GGSD contracted solid waste handler/hauler approval, and be subject to applicable building and fire codes.

P. Environmental Mitigation Measures
The overall development and subsequent occupancy and operation of the site shall be subject to those environmental mitigation measures identified in (1) the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project, adopted pursuant to Resolution No. 9768-22 adopted by the Garden Grove City Council on August 23, 2022, and which are summarized in Exhibit “A” 793
attached hereto; and (2) the Supplemental Environmental Impact Report and Supplemental Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project, adopted pursuant to Resolution No. ______ adopted by the Garden Grove City Council on ________, 2026, which are summarized in Exhibit “B” attached hereto.

Q. Covenants, Conditions, and Restrictions (CC&Rs)
If the project site is subdivided to create separate units of ownership within PUD141-01(A), Covenants, Conditions, and Restrictions or a similar legal document (“Declaration”) approved by the City Attorney and the City Manager, or his or her designee, governing the maintenance, use, operation, and development of the entire site, shall be recorded prior to or concurrently with recordation of the subdivision map. Minimum required provisions of such Declaration shall be included in the Conditions of Approval of the subdivision map, if applicable, and shall include or address the following in a form acceptable to the City:
 The development provisions and development standards for PUD-141-01(A) and/or any subsequent amendments to such provisions or standards;  All PUD Performance Standards and conditions of approval to approved land use permits for the project;
 All applicable CEQA mitigation measures applicable to the project;  All applicable provisions required to be contained in a “declaration” or similar document required to be recorded pursuant to the disposition and development agreement governing the property;
 Covenants and provisions requiring and providing for maintenance of all buildings, amenities, sidewalks, drive aisles, lighting, landscaping, and other improvements on the site and applicable portions of the public right-of-way according to established standards;
 Reciprocal easements for ingress, egress, parking, utilities, and drainage benefitting the various land uses and property interests on the site;  Easements permitting and addressing any contemplated encroachments or permitted construction across lot and parcel lines;
 Provisions for the deterrence and/or abatement of graffiti vandalism consistent with best management practices approved by the City;  Provisions ensuring tenants and property owners a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters;
 Provisions expressly assigning and allocating responsibility and funding and performance of the continued operation and maintenance of the site, 794
improvements on the site, and all required water quality best management practices;
 Provisions acceptable to the City regarding property owners’ and/or the property owners’ association’s responsibilities for compliance with all applicable water quality laws and regulations;
 A provision or provisions giving the City the right, but not the obligation, to enforce provisions of the Declaration, Planned Unit Development provisions, and related land use permit approvals by any legal or equitable means; authorizing the City to levy special assessments against the properties in connection with its enforcement actions; and providing that the City shall be entitled to recover its attorneys’ fees incurred in connection with enforcement;  A provision permitting entry by police and fire personnel upon common areas and/or portions of the site held open to the public for the purpose of enforcing state and local laws; an
 A provision or provisions prohibiting termination or substantial amendment of the Declaration without prior written approval of the City.

R. Absence of Provisions and Standards
Any matters pertaining to the development, occupancy, or operation of the subject site that are not listed or expressly provided for herein shall be subject to the provisions and development standards of the City’s Municipal Code, inclusive. This includes, but is not limited to, undergrounding all existing and new utilities serving the site, complying with all Building, Fire, and Development Codes, and paying all related fees, bonds, and other associated costs.

S. Development Plans and Permits
Except as otherwise expressly provided herein, all development within the subarea shall be subject to approval of a subdivision map, site plan, and/or other land use permits, as applicable, in accordance with Chapter 9.32 of the Garden Grove Municipal Code. Any required reservation of land, dedication or right-of-way, payment of development impact fees, easement(s), and/or site improvement work in the public right-of-way shall be properly addressed in the permit approval process and made a condition of approval of such permit(s), as applicable.

T. Associated Performance Standards
In order to fulfill the purpose and intent of Planned Unit Development No.

PUD-141-01(A), the Performance Standards attached hereto as Exhibit “C” shall apply as conditions to the approval of any future hotel resort development, including any ancillary buildings, uses, and/or subdivision of property covered by PUD-141-01(A). The performance standards shall be applicable to the future development of the site, including the initial construction drawings, plan check 795
review, during construction, after completion of the project, and for the life of the development. To the extent not inconsistent with the purpose, intent, and specific standards and requirements of PUD-141-01(A), the Community Development Director may authorize minor modifications to the Performance Standards. This Section shall not be interpreted to in any way limit the authority of the City to impose additional conditions of approval pursuant to subsequent project-specific City approvals.
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Exhibit “A”
SITE B-2 HOTEL PROJECT

MITIGATED NEGATIVE DECLARATION

MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) identifies Mitigation Measures required to be implemented for the Site B-2 Hotel Project (proposed project). These Mitigation Measures were identified in the Site B-2 Hotel Final Initial Study/Mitigated Negative Declaration.

For each Mitigation Measure, the MMRP identifies the potentially significant impact per environmental category, the related mitigation measure, the implementation entity, the monitoring and verification entity, and timing requirements.

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date

AESTHETICS
Light and Glare
Introduce new
source of substantial
light or glare
AES-1 Prior to final site plan approval, a site
specific light and glare study shall be
prepared and approved by the
Community and Economic
Development Director, or his or her
designee, to ensure that the
proposed project will be in
compliance with the City’s Zoning
Code related to lighting designs. The
light and glare study shall include
technologically advanced hotel/resort
lighting measures in its detailed
design plans. These measures may
include, without limitation,
installation of exterior screening such
as shielding attached to the
luminaire, building, or site structures;
using anti-reflective glass or glass
Project Applicant Community and
Economic
Development
Department/
Public Works
Department
Prior to final
site plan
approval
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Mitigation Monitoring and Reporting Program Page 2

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
treated with an anti-reflective
coating; and shielding lights with
visors to reduce light trespass, glare
impact and visual distraction.

Additionally, the light and glare study
shall incorporate measures necessary
for the proposed project’s
compatibility with the goals and
policies (i.e., Policy SAF-2.1 and SAFIMP-2A) in the General Plan for providing adequate lighting to
maintain a safe public environment.

These measures may include, without
limitation, placement of pedestrianlevel lighting throughout the project site; and provision of signage and
markings within the project site for
pedestrian safety.

BIOLOGICAL RESOURCES
MBTA Nesting Birds
Raptors and other
nesting birds
protected under the
federal Migratory
Bird Treaty Act
encountered during
tree removal activity
BIO-1 With the potential for nesting birds
protected under the Migratory Bird
Act Treaty (MBTA) and California Fish
and Game Code (CFGC) to occur in
ornamental trees within the project
site and surrounding area, tree
removal during construction shall
occur outside of the nesting bird
Project Applicant Community and
Economic
Development
Department
/Public Works
Department
Prior to grading
and building
construction
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Mitigation Monitoring and Reporting Program Page 3

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
season (generally, February 15
through September 1). If avoiding
the nesting season is not practicable,
the following additional measures
shall be employed:
a. A pre-construction nesting bird
survey shall be conducted by a
qualified biologist within 3 days
prior to the start of construction
activities to determine whether
active nests are present within
or directly adjacent to the
construction zone. All active
nests found shall be recorded.
b. If active nests are detected
during the survey, the qualified
biologist shall establish an
appropriate buffer and monitor
the active nests within the
buffers at a minimum of once
per week to determine whether
the birds are being disturbed. If
signs of disturbance or stress are
observed, the qualified biologist
shall immediately implement
adaptive measures to reduce
disturbance. These measures
shall be determined by the
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Mitigation Monitoring and Reporting Program Page 4

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
qualified biologist and could
include, without limitation,
increasing buffer distance,
temporarily halting construction
activities until fledging is
confirmed, or placing visual
screens or sound dampening
structures between the nest and
construction activity.

CULTURAL RESOURCES
Archaeological Resources
Archaeological
resources
encountered during
ground-disturbing
activities
CR-1 In the event archeological resources
are found during construction, all
attempts will be made to preserve in
place or leave resources in an
undisturbed state in compliance with
all applicable laws. In the event that
archeological resources are
identified and cannot be preserved
in place, a qualified archaeologist
will be contacted to evaluate and
determine appropriate treatment for
the resource in accordance with
Public Resources Code (PRC) Section
21083.2(i). Work in the vicinity of the
discovery (15-meter radius) will halt
until the appropriate assessment and
treatment of the resource is
Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction
800
Mitigation Monitoring and Reporting Program Page 5

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
determined by the archaeologist
(work can continue elsewhere on the
project site).

Human Remains Discovery
Unknown and
unanticipated
human remains
encountered during
ground-disturbing
activities
CR-2 If human remains are discovered,
work in the immediate vicinity of the
discovery shall be suspended and the
Orange County Coroner shall be
contacted. If the remains are
deemed Native American in origin,
the Coroner will contact the NAHC
and identify a Most Likely
Descendant pursuant to PRC Section
5097.98 and California Code of
Regulations Section 15064.5. Work
will only commence after
consultation and treatment have
been concluded. Work may continue
on other parts of the project site
while consultation and treatment are
conducted.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction
ENERGY
Inefficient or
wasteful energy
consumption or
conflict with the
City’s energy goals
Refer to Mitigation Measures GHG-2 through
GHG-6
801
Mitigation Monitoring and Reporting Program Page 6

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date

GEOLOGY AND SOILS
Paleontological Resources
Directly or indirectly
destroy a unique
paleontological
resource or site or
unique geologic
feature
G-1 In the event paleontological
resources are found during
construction, all attempts will be
made to preserve in place or leave
resources in an undisturbed state in
compliance with applicable laws. In
the event that fossil specimens are
encountered on the site and cannot
be preserved in place, a qualified
paleontologist will be contacted and
work in the vicinity of the discovery
(15-meter radius) will halt until the
appropriate assessment and
treatment of the resource is
determined by the paleontologist
(work can continue elsewhere on the
project site). If recommended by the
project paleontologist, monitoring
may be implemented, collection of
specimens or appropriate sediment
samples may be conducted, and
remains may be curated at a
repository, in accordance with
Society of Vertebrate Paleontology
guidelines.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction
802
Mitigation Monitoring and Reporting Program Page 7

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date

GREENHOUSE GAS EMISSIONS
Generate
greenhouse gas
emission, either
directly or indirectly,
that may have a
significant impact on
the environment or
conflict with
Assembly Bill 32 or
California Air
Resources Board’s
2017 Scoping Plan
Update
GHG-1 The number of large diesel trucks
coming to the site (i.e., for deliveries,
trash collection or other services)
shall be limited to 20 trucks per day
or less. This restriction is specifically
applicable to trucks classified as
medium-heavy duty and heavyheavy duty with gross vehicle weight (GVW) greater than 19,500 pounds.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
GHG-2 Onsite renewable energy sources
(i.e., solar panels) shall be installed
capable of generating up to 25% of
the project’s total electricity
demand.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
GHG-3 Prior to receiving a Certificate of
Occupancy, the proposed project
shall demonstrate to the satisfaction
of the Garden Grove Building and
Safety Division that water
conservation strategies have been
implemented, including low flow
fixtures and toilets, water efficient
irrigation systems, drought
tolerant/native landscaping, and
pool water recycling systems.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
Prior to
receiving a
Certificate of
Occupancy
803
Mitigation Monitoring and Reporting Program Page 8

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
GHG-4 Waste management, recycling and
composting programs shall be
implemented to divert up to 50% of
waste away from a landfill.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
GHG-5 Electric landscaping equipment, such
as leaf blowers and pressure washers
shall be used.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
GHG-6 No onsite natural gas fireplaces or
fire pits shall be installed.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
GHG-7 Trip reduction measures and project
design features shall be
implemented to reduce the number
of auto-based trips generated by the
project and to encourage the use of
transit, bicycling, and walking
through the following measures.

1. Improve the walkability and
design of the project by providing
Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going
804
Mitigation Monitoring and Reporting Program Page 9

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
pedestrian and bicycling
connections within the project
site and to adjacent off-site
facilities (i.e., sidewalks,
crosswalks, wayfinding signage,
etc.).

2. Provide traffic calming measures
(i.e., marked crosswalks, raised
crosswalks, raised intersections,
count-down signal timers, curb
extensions, speed tables, median
islands, tight corner radii,
roundabouts or mini-circles, onstreet parking, planter strips with street trees, chicanes/chokers,
etc.)

3. Provide secure onsite bicycle
racks and provide bicycle rentals
for hotel guests.

4. Provide transit/shuttle service for
guests to local area attractions.

The shuttle service shall operate
on a regular daily basis and be
offered to all guests staying at the
hotel.

5. Hotel management/concierge
805
Mitigation Monitoring and Reporting Program Page 10

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
should provide information that
promotes walking, bicycling and
public transit options to nearby
attractions. This should include
information on local bus routes
and schedules and wayfinding to
the existing transit stops along
Harbor Boulevard.

NOISE
Construction Noise Reduction
Generate temporary
noise levels in
exceedance of
ambient conditions
at the residential
uses surrounding
the project site
N-1 Prepare and submit a construction
management plan to the City of
Garden Grove prior to starting
construction. The construction
management plan shall ensure all
contractors implement construction
best management practices to
reduce construction noise levels.

Best management practices shall
include, but not be limited to, the
following:
• All construction equipment shall be
equipped with mufflers and other
suitable noise attenuation devices
(e.g., engine shields).
• Where feasible, electric hook-ups
shall be provided to avoid the use of
Project Applicant Community and
Economic
Development
Department /
Public Works
Department
Prior to grading
and building
construction
806
Mitigation Monitoring and Reporting Program Page 11

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
generators. If electric service is
determined to be infeasible for the
site, only whisper-quiet generators
shall be used (i.e., inverter
generators capable of providing
variable load.)
• Use electric air compressors and
similar power tools rather than
diesel equipment, where feasible.
• Locate staging area, generator areas,
and stationary construction
equipment as far from the adjacent
residential homes, as feasible.
• Construction-related equipment,
including heavy-duty equipment,
motor vehicles, and portable
equipment, shall be turned off when
not in use for more than 5 minutes.
• Provide notifications and signage in
readily visible locations along the
perimeter of construction sites that
indicate the dates and duration of
construction activities, as well as
provide a telephone number where
neighbors can inquire about the
807
Mitigation Monitoring and Reporting Program Page 12

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
construction process and register
complaints to a designated
construction noise disturbance
coordinator.
• All construction activities shall take
place during daytime hours, between
7:00 a.m. to 8:00 p.m., per the
requirements of the City of Garden
Grove conditions of approval.
• No impact pile driving or blasting
activities shall be permitted on the
project site during construction.

N-2 Construct the eight (8) foot high
masonry block noise barrier wall
along the western and northwestern
property lines during the first phase
of construction, prior to performing
any excavation or grading activities.

Project Applicant Community and
Economic
Development
Department /
Public Works
Department
During the first
phase of
construction,
prior to
performing any
excavation or
grading
activities
N-3 Install a temporary noise barrier wall
along the northern and southern
property lines of the project site to
shield adjacent sensitive receptors
from construction noise. The
temporary barrier should be
Project Applicant Community and
Economic
Development
Department /
Public Works
Department
During the first
phase of
construction,
prior to
performing any
excavation or
808
Mitigation Monitoring and Reporting Program Page 13

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
installed at the first phase of
construction, prior to performing any
excavation or grading activities and
shall remain till the construction is
completed. The temporary noise
barrier shall be a minimum of six (6)
feet high and present a solid face
area such as by installing sound
absorptive material or blankets
which can be installed in multiple
layers for improved noise insulation.
grading
activities

TRANSPORTATION
Left-Turn Queue
Substantially
increase hazards
due to a geometric
design or
incompatible uses
TR-1 Coordinate with the City of Anaheim
to determine if the project is
required to make a fair-share
contribution to extend the left-turn
capacity up to 266 feet at the
intersection of Harbor Boulevard and
Orangewood Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits
TR-2 Pay full cost to extend the left-turn
capacity up to 169 feet at the
intersection of West Street and
Chapman Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits
TR-3 Pay full cost to extend the left-turn
capacity up to 105 feet at the
intersection of Harbor Boulevard and
Lampson Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits
809
Mitigation Monitoring and Reporting Program Page 14

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
TR-4 Pay full cost to extend the left-turn
capacity up to 133 feet at the
intersection of Haster Street and
Lampson Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits
TR-5 Pay full cost to extend the left-turn
capacity up to 381 feet at the
intersection of Harbor Boulevard and
Trask Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits

TRIBAL CULTURAL RESOURCES
Substantial adverse
change in the
significance of a
tribal cultural
resource pursuant
to Public Resources
Code § 21074
TCR-1 If any tribal cultural resources are
encountered within the project site,
interested Native American parties
established in the contact program,
in compliance with Assembly Bill 52
(AB 52), will be notified. The City of
Garden Grove will coordinate with
interested Native American parties,
as established during AB 52
consultation, to determine whether
the resources constitute tribal
cultural resources and solicit any
comments the Native American
parties may have regarding
appropriate treatment and
disposition of the resources. All
attempts will be made to preserve
tribal cultural resources in place or
leave resources in an undisturbed
Project Applicant Community and
Economic
Development
Department /
Public Works
Department
During grading
and building
construction
810
Mitigation Monitoring and Reporting Program Page 15

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
state in compliance with all
applicable laws. Work in the vicinity
of the discovery (15-meter radius)
will halt until the appropriate
assessment and treatment of the
resource is determined in
consultation with Native American
parties (work can continue
elsewhere on the project site).
811
FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-1
4 Supplemental Mitigation Monitoring
and Reporting Program

4.1 Introduction
California Public Resources Code (PRC) Section 21081.6 requires that, upon certification of an environmental impact report (EIR), “the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation” (PRC Sections 21000–21177).

4.2 Supplemental MMRP Table
Table 4-1 presents the Supplemental MMRP, including the mitigation measures, timing for their implementation, the party or parties responsible for implementing or monitoring the mitigation measures, and date of completion.

Each mitigation measure includes the corresponding California Air Pollution Control Officers’ Association (CAPCOA) measure in italics immediately following the mitigation text to indicate alignment with recognized VMT and GHG best practices. Project design features (PDFs) that are incorporated into the Project relative to the analysis in the Draft Supplemental EIR are also provided in the table.

EXHIBIT "B" 812
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-2
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
Greenhouse Gas Emissions
Mitigation Measures
MM-GHG-1: Construction Equipment Electrification. Prior to issuance of building permits, the Project Applicant’s or designee’s contractor shall submit a Construction Equipment Emissions Minimization Plan for City of Garden Grove (City) approval that:
(1) Identifies all off-road equipment anticipated by phase. (2) Requires generators, cranes, electric scissor/boom lifts, forklifts/telehandlers (where feasible), welders (where feasible), and electric/solar light towers when commercially available. (3) Requires grid power for temporary construction.
(4) Where electric equipment is not available for a listed task, documents non-availability (size/class, delivery lead time, site constraints) and requires the cleanest feasible alternative (Tier 4 Final/zero-emission alternatives as available).

In addition, the Project shall limit air compressors used during the architectural coating/painting phase to equipment that is electricpowered Compliance shall be demonstrated through equipment lists, rental records, and weekly logs and shall be summarized in a postconstruction compliance memo for the Supplemental Mitigation Monitoring and Reporting Program (Supplemental MMRP) file. (CAPCOA Measure C-1-A)
Prior to the issuance of
building permits
City of Garden
Grove
MM-GHG-2: Construction Office Energy Efficiency. Prior to issuance of building permits, the Applicant or designee shall submit documentation to the City of Garden Grove that temporary construction field office(s) are equipped with energy efficient lighting such as compact fluorescent or LEDs and that heating and cooling units are Energy Star certified.

Prior to the issuance of
building permits
City of Garden
Grove
MM-GHG-3: Construction Debris Recycling. Prior to the start of construction, the Project’s contractor shall develop a Construction Waste Management Plan (Plan) for submittal and approval to the City Prior to the start of
construction
City of Garden
Grove
813
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-3
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
of Garden Grove. The Plan shall recycle or salvage non-hazardous construction debris including but not limited to wood, metal, concrete, asphalt, and other reusable materials generated during construction activities. The contractor shall implement the Plan to achieve a minimum diversion target of 75% of non-hazardous construction and demolition debris from landfills, exceeding the City’s current 65% diversion requirement. (CAPCOA Measure S-4)
MM-GHG-4: Electric Vehicle Charging Infrastructure. Prior to issuance of building permits, the Project Applicant or designee shall submit a site plan to the City of Garden Grove for approval noting the location of electric vehicle infrastructure and charging stations. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall provide electric vehicle (EV) charging infrastructure within the Project site as required by the applicable California Green Building Standards Code, but that, at a minimum, meets or exceeds 2022 California Green Building Standards Code Tier 2 standards. Tier 2 requires approximately 225 parking spaces to be EV capable, and 75 spaces to be equipped with EV Supply Equipment (EVSE). The Project shall install a minimum of 225 EV capable spaces and 100 EVSE spaces. (CAPCOA Measure T-14)
Prior to the issuance of
building permits
City of Garden
Grove
MM-GHG-5: Guest Vehicle Trip Reductions. Prior to issuance of building permits, the Project Applicant shall submit a site plan to the City of Garden Grove for approval identifying where pedestrian and bicycle connections to adjacent facilities will be provided and where bicycle parking spaces will be provided. The City shall verify the inclusion of pedestrian and bicycle infrastructure prior to the issuance of the final certificate of occupancy. The Project Applicant or designee shall ensure that, at a minimum, the following trip reduction measures are implemented during Project operations to reduce the number of auto-based trips generated by the Project and to encourage the use of transit, bicycling, and walking.

Prior to the issuance of a
building permits
City of Garden
Grove
814
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-4
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
▪ Improve the walkability and design of the Project by providing pedestrian and bicycling connections within the Project site and to adjacent off-site facilities (i.e., sidewalks, crosswalks, wayfinding signage, etc.).
▪ Provide secure on-site bicycle racks to accommodate a minimum of 38 bicycle parking spaces and provide bicycle rentals for hotel guests.
▪ Alternative transportation services such bike rentals and transit information shall be seamlessly integrated into the guest experience, making alternative modes of travel easy to
understand, access, and use.
▪ Hotel management/concierge should provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include real-time transit information provided through dedicated monitors, interactive electronic displays, websites, or mobile applications identifying local bus routes and schedules, as well as wayfinding to the existing transit stops within the Project vicinity.
▪ Provide a dedicated shuttle service linking the hotel to nearby shopping and entertainment destinations, prioritizing
battery‑electric vehicles where route length and charging logistics allow; the program may be operated under a vendor contract with scheduled runs during peak guest activity and on‑demand service for special events.
▪ Hotel management will make available transit passes for purchase and provide clear wayfinding to public transit and shuttle services.
▪ Qualitative assessments (e.g., user satisfaction surveys, walk audits, guest feedback) shall be regularly conducted to evaluate the effectiveness of trip reduction strategies.
▪ An annual report summarizing how transportation options are being used, guest perceptions, and planned improvements shall be submitted to the City.
815
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-5
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
(CAPCOA Measures T-34, T-38, T-43, and T-44)
MM-GHG-6: Limit Large Diesel Trucks During Operation. Prior to issuance of certificate of occupancy, the Project Applicant or designee shall submit a Truck Delivery Management Plan to the City of Garden Grove that documents how truck deliveries will be restricted and monitored. The Project Applicant or designee shall implement a monitoring program to restrict the number of large diesel trucks coming to the site (i.e. for deliveries, trash collection, or other services) to an average of 10 trucks per day or less. This restriction is specifically applicable to trucks classified as medium-heavy duty and heavy-heavy duty with gross vehicle weight (GVW) greater than 19,500 pounds. Annual reports summarizing heavy-duty truck trips shall be provided to the City of Garden Grove. (CAPCOA Measure C-2) Prior to the issuance of a
certificate of occupancy
City of Garden
Grove
MM-GHG-7: Building Energy Efficiency Measures. Prior to issuance of building permits, the Project Applicant or designee shall submit documentation of building energy efficiency measures to the City of Garden Grove, such that a minimum of 15% above 2022 Title 24 Building Envelope Energy Efficiency Standards is achieved. Energy efficiency measures shall include, at a minimum, the following:

1. LED Lighting – High-lumen LED light fixtures shall be used exclusively for the lighting of spaces throughout the Project that require 8 to 10 watts per fixture

2. Energy efficient lighting shall be incorporated into all on-site lighting and energy efficient appliances shall be incorporated into Project operations.

Prior to the issuance of
building permits
City of Garden
Grove
816
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-6
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
b. Smart thermostats, which include a motion sensor detector and door/window open sensors, will be installed in each guest room.
c. The central plant will utilize a Combination Plant with SmartPlate EV

4. Glazing – All glazing for the tower and exterior public spaces shall be installed with Low-E glass [U-factor (thermal transmittance) ≤

0.28 and Solar Heat Gain Coefficient (SHGC) ≤ 0.23.

5. Energy Management System – The Project shall use advanced systems to monitor and optimize energy use in real time.

6. Benchmarking and Monitoring – The Project shall incorporate an Energy Star Portfolio Management system to track and manage energy consumption

7. Third-Party Verification/LEED Certification – The Project shall obtain third-party HVAC commissioning verification or LEED certification of Gold to Platinum to verify energy savings.

All roofing materials shall meet or exceed the California Title 24, Part 6 requirements for cool roofs, based on roof slope:

Prior to the issuance of
building permits
City of Garden
Grove
817
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-7
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
▪ Low-sloped roofs (≤ 2:12 pitch):
- Aged Solar Reflectance (SR) ≥ 0.63
- Thermal Emittance (TE) ≥ 0.75
- Or Solar Reflectance Index (SRI) ≥ 75
▪ Steep-sloped roofs (> 2:12 pitch):
- Aged SR ≥ 0.20
- TE ≥ 0.75
- Or SRI ≥ 16
▪ Cool Deck Surfaces:

Monitoring and Reporting shall include:
818
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-8
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
▪ Submittal of roofing and hardscaping material specifications to the City of Garden Grove Building Division prior to issuance of building permits.
▪ City inspectors shall verify installation during final inspection and prior to issuance of the final certificate of occupancy. (CAPCOA Measure E-21)
MM-GHG-9: Renewable Energy. The Project Applicant or designee shall install a solar photovoltaic system capable of generating a minimum of 267,000 kilowatt hours (kWh) per year prior to issuance of certificate of occupancy. (CAPCOA Measure E-10-B)
Prior to the issuance of a
certificate of occupancy
City of Garden
Grove
MM-GHG-10: Water Conservation. Prior to receiving the final certificate of occupancy, the Project Applicant or designee shall submit a Water Conservation Compliance Report to the City of Garden Grove for review and approval. The Project shall achieve a minimum 10% reduction in total water use compared to the baseline of 167 gallons per room per day as identified in the Water Supply Assessment (Psomas 2022). This equates to a target of no more than 150.3 GPCD at full occupancy. The Water Conservation Compliance Report shall include product specifications for all water-saving fixtures and systems, landscape and irrigation plans, greywater system design and capacity documentation, post-occupancy water use monitoring plan for the first 12 months after occupancy. To meet or exceed the performance standard, the Project may implement a combination of the following water conservation strategies:
▪ Low-Flow Water Fixtures for guest rooms and public area ▪ Smart Irrigation System – outdoor landscaping shall include weather-based irrigation controllers and drought-resistant landscaping to minimize outdoor water use
▪ Greywater Recycling
(CAPCOA Measures W-2, W-5, and W-7)
Prior to receiving the final
certificate of occupancy
City of Garden
Grove
819
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-9
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
MM-GHG-11: Waste Reduction. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall submit a Waste Management, Recycling, and Composting Plan to the City of Garden Grove for review and approval. The program shall be implemented on-site at the Project location and apply to all operational areas, including guest services, food and beverage operations, maintenance, and administrative functions. The waste reduction program shall be fully implemented during Project operations. The Plan shall specify a minimum diversion of 25% of municipal solid waste, including organics, generated on site from landfill disposal. The Waste Management, Recycling, and Composting Plan may include but not be limited to the following:
▪ Recycling Program
- Provide labeled bins for recyclables and certified hauler contracts.
- Promote recycled paper and other products like soap.
▪ Organics and Composting Program
- Collect food scraps and compostables.
▪ Source Reduction Measures
- Reduce single-use items and paper use.
- Ban disposable (i.e., designed to be used once and discarded) foodware items and accessories.
- Allow customers to bring their own reusable items.
- Require hand soap in refillable containers.
- Do not provide water in plastic bottles or disposable single-use cups.
- Do not use expanded polystyrene (i.e., Styrofoam).
- Require reusable napkins and tablecloths with recyclable disposable napkins only for takeout.
- Provide hand dryers in areas accessible to customers. - Require reusable laundry bags.
- Require reusable dishware for room service.

Prior to issuance of the
final certificate of
occupancy
City of Garden
Grove
820
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-10
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
- Offer toiletries on request rather than automatically. - Provide key cards made of non-plastic materials, including traditional metal keys or wood, bamboo, and paper options for chip-based cards.
- Incentivize returning keys to discourage waste.
- Provide non-plastic shower caps, razors, shaving cream, slippers, eye masks, and ear plugs.
- Remove minifridge items that use plastic.
- Eliminate the use of garbage bags if possible, or use garbage bags made of compostable material.
- Serve employee meals with reusable dishware and cutlery and provide reusable water bottles for all employees with
accessible water bottle refill stations.
- Replace paper towels with reusable dish rags.
▪ Employee and Guest Education
- Provide staff training and signage for guests.
▪ Monitoring and Reporting
- Track waste and submit Annual Waste Diversion Report to the City of Garden Grove.

In addition, if the hotel/operations qualify as a covered edible food generator, the Project will contract with a food recovery organization/service and keep required records. If not covered, the Project will evaluate a partnership during operator onboarding and implement if feasible.
(CAPCOA Measure S-1/S-2) (CAPCOA Measure S-3 is a qualitative measure in CalEEMod and is not quantified in the operational analysis)
MM-GHG-12: Zero Emission Landscape Equipment. During Project operations, the Project Applicant or designee shall ensure zeroemission landscape equipment (defined as equipment that does not emit tailpipe emissions during operation) is utilized. The Project Applicant or designee shall be responsible for ensuring that all During operations City of Garden
Grove
821
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-11
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
landscape maintenance contractors and staff comply with this measure. All landscape maintenance activities associated with the Project shall utilize zero-emission landscaping equipment, such as electric-powered or battery-operated tools. This requirement applies to all landscaped areas within the Project site, including but not limited to courtyards, green spaces, perimeter landscaping, and rooftop gardens. The requirement shall be implemented prior to the commencement of landscape maintenance operations. To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Electric-Powered Equipment
▪ Use electric or battery-powered:
- Leaf blowers.
- Lawn mowers.
- Hedge trimmers.
- Edgers.
- Chainsaws.

Contractor Requirements
▪ Include zero-emission equipment requirements in all landscape maintenance contracts.
▪ Require contractors to provide documentation of equipment type and compliance.

On-Site Charging Infrastructure
▪ Install dedicated charging stations or outlets for landscape equipment.

Training and Education
▪ Provide training to landscape maintenance staff on the proper use and maintenance of electric equipment.
822
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-12
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
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Monitoring Initials
Date of
Completion
▪ Display signage or include information in sustainability reports to promote awareness.
(CAPCOA Measure LL-1)
MM-GHG-13: Prohibit Woodburning Devices, Natural Gas Fireplaces, and Fire Pits. Prior to the issuance of building permits, the Project Applicant or designee shall submit building design plans for approval of the City showing the prohibition of on-site woodburning devices, natural gas fireplaces, fire pits, or other decorative combustion features throughout the Project site. Prior to the issuance of the final certificate of occupancy, the City shall confirm that this prohibition has been implemented.

Prior to the issuance of
mechanical permits
City of Garden
Grove
823
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Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

Mechanical Equipment
▪ Install microchannel heat exchangers in A/C equipment in place of conventional heat exchangers.

Use of Low-GWP Refrigerants
▪ Select refrigerants such as R-32, R-454B, or other CARBcompliant alternatives with GWP ≤ 750. ▪ Avoid high-GWP refrigerants such as R-410A and R-404A.

Leak Detection and Prevention
▪ Install automatic leak detection systems for large-capacity systems.
▪ Conduct quarterly inspections and maintain leak logs.

Refrigerant Recovery and Disposal
▪ Use certified technicians for refrigerant recovery and disposal. ▪ Maintain documentation of recovered and recycled refrigerants.

Training and Certification
▪ Ensure all HVAC technicians are EPA Section 608 certified. ▪ Provide training on low-GWP refrigerant handling and leak prevention.

Third-Party Verification
▪ Obtain third-party verification of refrigerant management practices through programs such as GreenChill or LEED Enhanced Refrigerant Management credit.

Prior to issuance of certificate of occupancy, the City of Garden Grove will verify that the equipment specified in the Refrigerant 824
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-14
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
Management Program has been installed. Ongoing compliance shall be performed by the Project Applicant or their designee. (CAPCOA Measures R-1, R-4, R-5, R-6, and R-7)
MM-GHG-15: Carbon Offsets – The Project Applicant (or its designee) shall implement the following carbon offsets in accordance with the Project’s construction and operational phases as outlined below.

Operation
Prior to issuance of the final certificate of occupancy, the Project Applicant or its designee shall purchase and retire carbon offsets in a quantity sufficient to offset, for a 30-year period following occupancy of the Project, the construction and operational GHG emissions from the Project to the 1,400 MT CO2e per year threshold, consistent with the quantification, performance standards and requirements set forth below. Alternatively, the Project Applicant or its designee may purchase and retire annual operational GHG offsets for a period of 30 years by December 31 of the year preceding each new year after the issuance of the final certificate of occupancy. Annual operational GHG 825
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-15
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

Operation
The estimated operational emissions are 7,408.02 MT CO2e. To mitigate operational emissions below the 1,400 MT CO2e per year threshold, the Project would purchase and retire one lump sum of 180,270.60 MT CO2e of offsets (7,408.02 MT CO2e − 6,009.02 [offsets] = 1,399 MT CO2e remaining); 6,009.02 MT CO2e × 30-year life = 180,270.60 MT CO2e; or that same total amount of credits in increments over the 30 years. The following schedule provides the estimated offset emissions and dates of compliance under the scenarios where credits are purchased and retired in a lump sum or on an annual basis.
826
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 20264-16
Scenario
Offsets
Required (MT CO2e
)
Purchase and Retirement
Deadline
Lump sum 180,270.60 Prior to issuance of certificate of occupancy
Annual basis
30-year term
6,009.02 Prior to issuance of certificate of
occupancy for Year 1 and
December 31 of preceding year
Notes: MT CO
2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

1. Adherence to established GHG accounting principles set forth in the International Organization for Standardization (ISO) 14064, 827
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-17
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
Part 2 or the World Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) Greenhouse Gas Protocol for Project Accounting; and

2. Oversight of the implementation of protocols and methodologies that define the eligibility of carbon offset projects and set forth standards for the estimation, monitoring and verification of GHG reductions achieved from such projects. The protocols and methodologies shall:
a. Be developed by the registries through a transparent public and expert stakeholder review process that affords an
opportunity for comment and is informed by science;
b. Incorporate standardized offset crediting parameters that define whether and how much emissions reduction credit a carbon offset project should receive, having identified conservative project baselines and the length of the crediting period and considered potential leakage and quantification uncertainties;
c. Establish data collection and monitoring procedures, mechanisms to ensure permanency in reductions, and
additionality and geographic boundary provisions; and
d. Adhere to the principles set forth in the program manuals of each of the aforementioned registries, as such manuals are updated from time to time. The current registry documentation includes the Climate Action Reserve’s Reserve Offset Program Manual1 (April 2024) and Climate Forward Program Manual2 (December 2021); the American Carbon Registry’s The ACR Standard, Requirements and Specifications for the
Quantification, Monitoring, Reporting, Verification, and Registration of Project-Based GHG Emissions Reductions and 1 https://climateactionreserve.org/wp-content/uploads/2024/04/Reserve-Program-Manual-v9.2.pdf. 2 https://climateforward.org/wp-content/uploads/2021/12/Climate-Forward-Program-Manual-December-2021_12-FINAL.pdf. 828
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-18
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
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Date of
Completion
Removals3 (July 2023); and Verra’s VCS Standard, Program Guide4 (August 2023), and Methodology Requirements5
(October 2023).

1. “Additional” means that the carbon offset is not otherwise required by law or regulation, and not any other GHG emissions reduction that otherwise would occur.

2. “Real” means that the GHG reduction underlying the carbon offset results from a demonstrable action or set of actions, and is quantified under the protocol or methodology using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources and sinks within the boundary of the applicable carbon offset project, uncertainty, and the potential for activity-shifting leakage and market-shifting leakage.
3 https://acrcarbon.org/wp-content/uploads/2023/10/ACR-Standard-v8.0.pdf. 4 https://verra.org/documents/vcs-program-guide-v4-4/.
5 https://verra.org/documents/vcs-methodology-requirements-v4-4/. 829
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-19
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion

6. “Enforceable” means that the implementation of the GHG reduction activity must represent the legally binding commitment of the offset project developer to undertake and carry it out.

Carbon offsets secured from the CARB-accredited registries shall be prioritized in accordance with the following criteria: (1) offsets within the City; (2) offsets within the County, only if in-City offsets are unavailable; (3) offsets within the State of California, only if in-county 830
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-20
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
offsets are unavailable; (3) offsets within the United States, only if instate offsets are unavailable.6 The above definitions are provided as criteria and performance standards associated with the use of carbon offsets. Such criteria and performance standards are intended only to further construe the standards under CEQA for mitigation related to GHG emissions (see, e.g., State CEQA Guidelines Section 15126.4[a], [c]), and are not intended to apply or incorporate the requirements of any other statutory or regulatory scheme not applicable to the Project (e.g., the Cap-and-Trade Program).

Monitoring, Reporting, and Enforcement Standards
Prior to the timeline identified in the initial section of this mitigation measure, the Project Applicant or its designee shall submit documentation in the form of a report to the City that identifies the quantity of emission reductions required by this mitigation measure, as well as the carbon offset proposed for acquisition to achieve compliance with this measure. For purposes of demonstrating that each offset is additional, real, permanent, quantifiable, verifiable and enforceable, the reports shall include: (i) the applicable protocol(s) and methodologies associated with the carbon offsets, (ii) the thirdparty verification report(s) and statement(s) affiliated with the carbon offset projects, (iii) the unique serial numbers assigned by the registry(ies) to the carbon offset, which serves as evidence that the registry has determined the carbon offset project to have been implemented in accordance with the applicable protocol or methodology and ensures that the offsets cannot be further used in any manner, and (iv) the carbon offset meets the locational attributes 6 For purposes of this provision, offset credits will be deemed “unavailable” if they are either unobtainable generally from the CARB accredited registries, or if on a per-unit basis if such a credit is otherwise available: (a) for offset credits within the City of Garden Grove, more than 2 times as costly as offset credits within the County of Orange, but not within the City of Garden Grove; (b) for offset credits within the County of Orange, more than 5 times as costly as offset credits within California, but not within the County of Orange; or (c) for offset credits within the United States, sufficient offset credits within California are not available for purchase at any cost. 831
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-21
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
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Monitoring Initials
Date of
Completion
as specified by this mitigation measure and verified through a market survey report prepared by a carbon offset broker that identifies the carbon registry listings reviewed for carbon offset availability, including the related date of inquiry.

If the City determines that the Project’s carbon offsets at issue in the Project Applicant’s (or their designee’s) submission meet the requirements of this mitigation measure, the offsets required to be acquired by the Project will be proportionally reduced. Upon an affirmative finding from the City that the Project’s carbon offsets are eligible for use under this measure, and within the applicable timeframe required by the first section of this mitigation measure, the Project Applicant (or their designee) shall provide to the City copies of the relevant portions of the GHG offset contracts demonstrating the applicable carbon offsets have been acquired. This will serve as the final documentation required to demonstrate compliance with this mitigation measure.
832
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-22
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
If the City determines that the Project’s carbon offsets do not meet the requirements of this mitigation measure, the City shall provide a detailed explanation of the basis for the City’s determination. Carbon offsets not approved by the City as meeting the requirements of this mitigation measure cannot be used to reduce Project GHG emissions and the Applicant will be required to submit qualifying carbon offsets accepted by the City prior to the applicable timeframe specified in the first section of this mitigation measure.
(CAPCOA Measure M-2)
Project Design Features
PDF-4: Construction equipment should be maintained in proper tune. During construction City of Garden Grove
PDF-5: All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as 5 minutes or longer.

During construction City of Garden
Grove
PDF-10: Use haul trucks with on-road engines instead of off-road engines for on-site hauling.

During operations. City of Garden
Grove
PDF-12: Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

During operations City of Garden
Grove
833
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-23
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
PDF-27: Sustainable Building Materials and Contracting. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including low-VOC paints, Forest Stewardship Council-certified wood, and recycledcontent flooring. The Project is also implementing vendor standards that require environmental product declarations and third-party certifications to verify material sustainability. Materials shall be selected not only for their initial environmental footprint but also for durability and long-term performance, reducing the need for frequent replacement and associated waste.

During construction City of Garden
Grove
PDF-28: The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

Prior to project opening City of Garden
Grove
PDF-29: The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

During project construction
for installation and during
project operation for
maintenance and provision
of bicycle repair.

Prior to project opening. City of Garden
Grove
834
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-24
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
However, to ensure that CTR achieves VMT reduction of at least 4%, the following measures will be incorporated:
a) The Applicant shall provide on site or online commuter information services to employees. The Applicant shall also distribute a quarterly newsletter with tips, success stories, and updates to ensure education and encouragement for the CTR program. b) The CTR shall require the Project Applicant or their designee to appoint a Commute Program Coordinator to oversee the
implementation and management of the marketing strategy. c) The Applicant shall ensure on-site or online subsidized transit pass sales are available to all employees.
d) The Applicant shall provide guaranteed ride home service by matching employees with other employees or providing access to platforms such as Rideharing.com and Lyft that connect riders for daily commutes with nearby drivers.
e) A minimum of 10 preferential parking spaces for
carpools/vanpools shall be provided.
(CAPCOA Measures T-7, T-9-B)
MM-TRA-2: Provide End-of-Trip Bicycle Facilities: The Project shall install and maintain end-of-trip bicycle facilities for employee use.

City of Garden
Grove
835
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-25
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measures/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
Project Design Features
None. N/A N/A N/A N/A
Notes: LEED = Leadership in Energy and Environmental Design; GPCD = gallons per capita per day; GWP = global warming potential; EPA = U.S. Environmental Protection Agency; GHG = greenhouse gas; MT CO2e = metric tons of carbon dioxide equivalent; VOC = volatile organic compound; N/A = not applicable. 836
EXHIBIT “C”

PERFORMANCE STANDARDS
Planned Unit Development No. PUD-141-01(A)
The following performance standards shall apply as conditions of approval to any future hotel resort development and/or subdivision of property covered by this Planned Unit Development. These performance standards were originally adopted in 2022 and modified in 2026. The 2026 modifications to the original 2022 standards are shown with deletions shown in strikethrough, and with additions shown in bolditalics-underline:

1. The term “applicant,” as referenced herein, shall refer to both the developer, tenant/business operators and the property owners, including subsequent purchasers and/or tenants of the project. The applicant and subsequent owner/operators of such business shall adhere to the performance standards for the life of the project, regardless of property ownership. Any changes of the performance standards require approval by the hearing body.

2. All performance standards shall be implemented at the applicant’s expense, except where specified in the individual performance standards.

3. All mitigation measures that are part of the Mitigated Negative Declaration and the Supplemental Environmental Impact Report that was were adopted or certified in conjunction with approval of Planned Unit Development No.

PUD-141-01(A) shall be implemented.

4. The project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Council as part of the Mitigated Negative Declaration and the Supplemental Environmental Impact Report adopted by the City in conjunction with Planned Unit Development No. PUD-141-01(A). 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 mitigation monitoring program shall be implemented during project construction through completion. The developer shall provide the City with a quarterly report demonstrating adherence to all mitigation measures.

Said person shall provide a report to the City when requested.

5. The project shall comply with the following project design features (PDF) identified in the Mitigated Negative Declaration and the Supplemental Environmental Impact Report:
837
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
2 Construction PDFs
PDF-1 Prior to starting construction, the project applicant shall submit a Construction Management Plan to the City of Garden Grove that specifies how all construction design features will be
implemented.

PDF-2 The project applicant must follow the standard South Coast Air Quality Management District (SCAQMD) rules (Rule 403) and requirements applicable to fugitive dust control, which include, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 miles per hour (mph).

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site access points within 30
minutes.

4. Any onsite stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.

5. All operations on any unpaved surface shall be suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion control.

8. Apply nontoxic chemical soil stabilizers according the manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or
more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or provide construction access roads at least 100 feet onto the site from the main road and use gravel aprons at truck exits.
838
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
3 11. Replace the ground cover of disturbed areas as quickly possible.

PDF-3 All diesel construction equipment should have Tier 4 low emission “clean diesel” engines (OEM or retrofit) that include diesel oxidation catalysts and diesel particulate filters that meet the latest California Air Resources Board (CARB) best available control technology.

PDF-4 Construction equipment should be maintained in proper tune.

PDF-5 All construction vehicles should be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

PDF-6 Minimize the simultaneous operation of multiple construction equipment units, to the maximum extent feasible.

PDF-7 The use of heavy construction equipment and earthmoving activity should be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

PDF-8 Establish an electricity supply to the construction site and use electric powered equipment instead of diesel-powered equipment or generators, where feasible.

PDF-9 Establish staging areas for the construction equipment that as far from adjacent residential homes, as feasible.

PDF-10 Use haul trucks with on-road engines instead of off-road engines for onsite hauling.

Operational PDFs
PDF-11 The project should comply with the mandatory requirements of the latest California Building Standards Code, Title 24, Part 6 (Energy Code) and Part 11 (California Green Building Standards Code [CALGreen]), including the provisions for bicycle parking, electric vehicle charging stations, energy efficiency, material conservation, and water/waste reduction.

PDF-12 Install signage at loading docks requiring trucks to limit engine idling times to 5 minutes or less.

PDF-13 The project applicant must install an eight (8) foot high masonry block noise barrier wall along the western and northwestern property line. The property line wall will be constructed using 839
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
4 masonry block and the barrier’s weight must be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) must be filled with grout or caulking to avoid flanking.

PDF-14 All central plant heating, ventilation, and air conditioning (HVAC) equipment, mechanical pumps and pool equipment must be fully enclosed inside the building structure.

PDF-15 The hotel themed pool attraction and outdoor pool deck operation will be open only during daytime hours (7:00 a.m. – 10:00 p.m.).

PDF-16 A minimum eight (8) foot high noise barrier shielding wall should be installed and maintained along all sides of the perimeter of the outdoor patio and pool deck area on level six (6) to shield noise associated with pool activities. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials:
• Masonry block
• Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per
square foot; and/or
• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot.

PDF-17 The project should provide one row of vegetation along the north, west, and south sides of the interior pool deck wall on level six (6) by planting evergreen trees/shrubs. A dense vegetation barrier can help provide some sound absorption and visual screening to further help reduce noise levels impacting the adjacent residential homes surrounding the project site.

Vegetation should be at least as high as the wall (8 feet).

PDF-18 Outdoor speakers on the pool deck must be predominantly located and concealed within the landscape. All outdoor speakers must be located not greater than eight (8) feet high above the 840
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
5 pool deck and directed inwards towards the pool or lazy river area.

PDF-19 The project access on Twintree Avenue must be restricted to emergency access, maintenance vehicles, trash, and delivery trucks only. All employee and guest access to the project site, including tourist buses and shuttles, must be via Harbor Boulevard.

PDF-20 Delivery, loading/unloading activity, and trash pick-up hours shall be limited to daytime hours (7:00 a.m. – 10:00 p.m.) only, per the requirements of Garden Grove Municipal Code Section

8.47.060(I). Signage should be posted in the designated loading areas reflecting these hour restrictions.

PDF-21 Engine idling time for all delivery vehicles and trucks must be limited to 5 minutes or less. Signage should be posted in the designated loading areas reflecting the idling restrictions.

PDF-22 A 4-foot high noise shielding wall must be installed on the perimeter of each floor of the parking structure facing the residential neighborhood to the west, north and south.

PDF-23 The drive aisle surfaces within the parking structure must have a textured finish or treatment that helps minimize tire squeal.

PDF-24 The exterior façade of the parking structure must include louvered or perforated wall paneling to help conceal parking structure activities and reduce noise levels. Paneling should cover the entire upper portions of the parking structure openings of each floor facing the west, north and south.

PDF-25 The project must comply with the California Title 24 Sound Transmissions requirements for exterior walls, roofs, and common separating assemblies (e.g., floor/ceiling assemblies and demising walls).
a. Walls, partitions, and floor-ceiling assemblies separating sleeping units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50, or not less than 45 if field tested.
b. Floor-ceiling assemblies between sleeping units shall have an impact insulation class (IIC) rating of not less than 50, or not less than 45 if field tested.
841
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
6 c. Interior noise levels due to exterior sources shall not exceed a community noise equivalent level (CNEL) or a
day-night level (LDN) of 45 A-weighted decibel (dBA), in any habitable room.

PDF-26 For proper acoustical performance, the project must utilize standard building practices to ensure all exterior windows, doors, and sliding glass doors have a positive seal and leaks/cracks are kept to a minimum.

PDF-27 Sustainable Building Materials. The Project will prioritize low-impact, sustainably sourced, and recyclable materials across construction and interior finishes, including lowVOC paints, Forest Stewardship Council-certified wood, and recycled-content flooring. The Project is also
implementing vendor standards that require
environmental product declarations and third-party
certifications to verify material sustainability .Materials shall be selected not only for their initial environmental footprint but also for durability and long-term
performance, reducing the need for frequent replacement and associated waste.

PDF-28 The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.

PDF-29 The Project amenities include a self-service bicycle repair station adjacent to the guest and employee bicycle parking spaces.

6. In order to verify compliance with the applicable project mitigation measures, project design features, development standards, and performance standards, the developer shall submit a full set of construction plans to the Community and Economic Development Department for review prior to plan check submittal. The plans shall include a dimensioned and detailed site plan, a floor plan, elevations, a landscaping plan, and a lighting plan, each of which complies with all the appropriate requirements.

Public Works Engineering Division
The following provisions of the Public Works Engineering Division shall be complied with:

7. The applicant shall receive approval of a subdivision map (Tentative Tract Map) in order to reconfigure the project site prior to submitting any type of construction plans to the City of Garden Grove.
842
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
7 8. The project main entrance shall be aligned with the future hotel development project (Site C) across Harbor Boulevard per approved traffic study. The applicant shall coordinate with the Engineering Division to obtain approved street improvement plans and signal/striping plans. Unless otherwise agreed in writing by the City and approved by the City Council, as recommended in the Site “B2” Hotel Traffic Impact Study prepared for the Project by RK Engineering Group, Inc., dated April 27, 2022 (“Traffic Study”), the applicant shall make a fair-share contribution to the costs to install a traffic signal at the project main entrance. Provided the Site C project at the northeast corner of Harbor Boulevard and Twintree Lane is developed and the traffic signal installed prior to construction of the subject project, the applicant’s fair share contribution shall be fifty percent (50%) of the total cost to design, purchase, and install the traffic signal, as reasonably determined by the City Engineer.

As stated in the Traffic Study, in the event the Site C project does not get developed and the traffic signal has not been installed prior to application of building permits for the subject project, then, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be fully responsible to pay for the entire costs of signal installation, not just a fair share. The applicant’s contribution towards the cost of this traffic signal shall be paid to the City prior to the issuance of building permits.

9. As recommended in the Traffic Study, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall make a fairshare contribution to the costs to install and modify the traffic signal at the intersection of Harbor Boulevard and Twintree Lane. Provided the Site C project at the northeast corner of Harbor Boulevard and Twintree Lane is developed and the traffic signal installed prior to construction of the subject project, the applicant’s fair share contribution shall be fifty percent (50%) of the total cost to design, purchase, and install the traffic signal, as reasonably determined by the City Engineer. As stated in the Traffic Study, in the event the Site C project does not get developed and the modified traffic signal has not been installed prior to application of building permits for the subject project, then, unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be fully responsible to pay for the entire costs of modified signal installation, not just a fair share. The applicant’s contribution towards the cost of this traffic signal shall be paid to the City prior to the issuance of building permits.

10. The applicant shall meet and confer and negotiate in good faith with the City to reach an agreement or agreements that address design and installation, limitations, maintenance obligations, and the respective responsibilities of the applicant and the City regarding Project-related improvements that are constructed in or encroach into the public right-of way, including, but not limited to, signal modification or full signal installation at the main entrance on Harbor Boulevard, if necessary, signal modification at the intersection of Harbor Boulevard and Twintree Avenue, if necessary, decorative pavers, 843
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
8 landscaping, median improvements, irrigation and other improvements.

Public street improvements shall be protected from water infiltration and migration by impervious barriers where pervious BMP’s are installed. (TGD – INF-3) Such agreements shall be consistent with the provisions of Planned Unit Development No. PUD-141-01(A), applicable Project conditions of approval, and other agreements entered into by the City regarding the Project.

11. The applicant shall be responsible for maintaining the new landscape and irrigation improvements in the public right-of-way adjacent to the Project boundaries for a period of five (5) years following the issuance of a certificate of occupancy for the Project. All plant materials and irrigation systems installed by the applicant shall be maintained for a period of five consecutive years. All plants that show signs of failure to grow at any time during the life of the 5-Year Landscape Maintenance Period, or those plants so injured or damaged as to render them unsuitable for the purpose intended, as determined by the City Engineer, shall be immediately replaced in kind at the expense of the developer or contractor. The applicant shall prepare and execute an enforceable agreement memorializing the foregoing obligations, in a form approved by the City Manager, prior to the issuance of any building permit for the Project.

12. The applicant shall coordinate with the Engineering Division to confirm the ultimate width and location of the right-of-way from the street centerline to the parkway limit and corner cut-off at intersections as required by the City General Plan. If needed, the applicant shall dedicate right-of-way and corner cut-off from the existing right-of-way line fronting the project to the ultimate right-of-way for future ultimate street improvements. Applicant shall record said easement in a format conforming to City policy guidelines under the approval authority of the City Engineer and City Attorney. The applicant shall submit to the Engineering Division an updated title report along with copies of the recorded instruments listed in the title report, as well as reference maps and exhibits used to prepare the legal description. Dedication exhibits shall include closure calculations along with a detailed plat for review and approval of the street dedication exhibits by the City Engineer.

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

14. Any new drive approaches to the site shall be constructed in accordance with Garden Grove Standard B-120 as they conform to land use and roadway designation.

15. Median Design and Opening Spacing shall be in accordance with City’s Traffic Policy & Procedures TE-11.
844
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
9 16. Raised Median Design shall be in accordance with City’s Traffic Policy & Procedures TE-64 and City’s Standard B-128 and B-132.

17. Turning Template shall be in accordance with City’s Traffic Policy & Procedures TE-14.

18. Driveway Opening Policy shall be in accordance with City’s Traffic Policy & Procedures TE-8.

19. Sight Distance Standards shall be in accordance with City’s Traffic Policy & Procedures TE-13.

20. Median Nose Flare Designs shall be in accordance with City’s Traffic Policy & Procedures TE-36.

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

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

23. Parking lot layout shall be in accordance with City Standard B-311 & B-312.

24. The applicant shall comply with the following improvements and recommendations of the approved Traffic Study:
a. The applicant shall coordinate with the City of Anaheim to determine if the project is required to make a fair-share contribution to extend the left-turn capacity up to 266 feet of Harbor Boulevard/Orangewood Avenue.
b. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant is responsible for full cost to extend the southbound left-turn capacity up to 169 feet at the intersection of West Street/Chapman Avenue.
c. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the eastbound left-turn capacity up to 105 feet at the intersection of Harbor Boulevard/Lampson Avenue.
d. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the northbound left-turn capacity up to 133 feet at the intersection of Haster Street/Lampson Avenue.
845
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
10 e. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the southbound left-turn capacity up to 381 feet at the intersection of Harbor Boulevard/Trask Avenue.
f. The applicant shall improve the walkability and design of the project by providing pedestrian and bicycling connections within the project site and to adjacent off-site facilities (i.e., sidewalk, crosswalk, wayfinding signage, etc.).
g. The applicant shall provide traffic calming measures (i.e., marked crosswalk, raised crosswalk, raised intersections, count-down signal timers, curb extensions, speed tables, median islands, tight corner radii, roundabouts or mini-circles, on-street parking, planter strips with street trees, chicanes/chokers, etc.).
h. The applicant shall provide secure on-site bicycle racks and provide bicycle rentals for hotel guests.
i. The applicant shall provide transit/shuttle service for guests to local area attractions. The shuttle service shall operate on a regular basis and be offered to all guests staying at the hotel.
j. Hotel management/concierge shall provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include information on local bus routes and schedules, and wayfinding, to the existing transit stops along Harbor Boulevard. k. The applicant shall ensure adequate radius is provided for appropriate vehicles (fire trucks, buses, limousines, trash trucks, etc.) to navigate the project access and roundabout.
l. The project shall provide adequate drive aisle and lane widths. m. Parking spaces should not be located near or within the roundabout. If absolutely necessary, the spaces near the roundabout should be valetoperated and used for long-term parking. In any case, adequate clearance and space should be provided for vehicles navigating the roundabout.
n. The entrance roundabout should be designed appropriately and per engineering standards for roundabouts, including geometric elements such as Center Island, travel lanes, deflections and inscribed circles.

Appropriate design needs to be considered and implemented for all appropriate modes of transportation including pedestrian and bicycles. 846
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
11 o. The applicant shall provide appropriate and adequate wayfinding and signage for drivers to easily navigate the entrance and exit. p. During times of high activity for the project and/or the adjacent Sheraton Hotel, the applicant shall provide adequate valet staff and means to ensure traffic does not spill back onto the roundabout or Harbor Boulevard and impede the flow of vehicles.
q. Prior to final circulation design, the applicant shall provide detail plans, including drive aisle dimensions and roundabout details, for review by a registered traffic engineer.

Building and Safety Division Services Division
The following provisions of the Building and Safety Division shall be met:

25. The project shall comply with the latest requirements of the California Building Code (CBC), the California Green Building Code, the California Energy Standards, Fire Code, and all California Model Codes.

Orange County Fire Authority (OCFA)
The following provisions of the Orange County Fire Authority be met:

26. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements, including, but not limited to, the High-Rise Building provisions of the California Fire Code, California Building Code, and OCFA Guidelines and Fire Master Plan.

27. Prior to submitting plans to the City of Garden Grove for plan check review, the applicant shall coordinate with OCFA for review of preliminary plans to ensure that the plans are designed to address all applicable code requirements.

28. An Architect of Record shall be hired for this project. The Architect of Record shall develop detailed preliminary plans that comply with all applicable codes.

29. The preliminary plans shall include a site plan that demonstrates compliance with OCFA Guideline for Fire Master Plans. The fire lane may not go under any portion of the structure and the locations necessary for laddering to the roof deck shall be located 20 to 40 feet from the building. The fire access roadway may not be on the adjacent property unless the owner of that property grants the City of Garden Grove an emergency access easement for the purpose of emergency access to the hotel property.

30. A Fire Protection Engineer (FPE) of Record shall be hired for this project. The FPE shall review the preliminary plans, which will be drawn by the Architect of 847
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
12 Record, and shall determine if there are any design problems that may prevent fire life-safety systems from being designed and installed in a code compliant way. The FPE shall also determine the type of smoke-control system that will be most appropriate for this project and confirm that a smoke control system design will be feasible, given the challenges, which are unique to this project.

31. The applicant shall provide a Water Availability Form signed by a representative of the local purveyor to demonstrate if the existing water supply meets or exceeds the fire-flow requirement. When the information described above is complete, OCFA will be able to provide traditional project conditions, to replace these preliminary conditions, including a comprehensive list of the plan types that will be required to be submitted to OCFA for this project, and when each plan type must be submitted. A grading permit should not be issued prior to OCFA’s approval of a Fire Master Plan.

Planning Services Division
The following provisions of the Planning Services Division shall be met:

32. The operation of the hotel shall comply with the performance standards of Planned Unit Development No. PUD-141-01(A), the project design features, and mitigation measures adopted for PUD-141-01(A). This includes complying with all provisions of Alcoholic Beverage Control Act. In addition, this provision also governs the entertainment venues, the ballroom and meeting space, restaurants, and the indoor/outdoor areas. In regard to specific activities within the hotel’s entertainment venues, the ballroom/meeting space, and hotel amenity, and pool deck areas, regardless of the type of event conducted, no event or activity shall at any time be or become a nuisance, disturbance or, or cause complaints for hotel guests or occupants of the surrounding area/properties, or in any way endanger the public health, safety, or welfare.

33. The applicant shall apply for and receive approval of Conditional Use Permits for the sale of alcoholic beverages within the hotel, hotel restaurants, and ballroom/meeting space.

34. The applicant shall prepare a reciprocal access easement agreement, covenant agreement, or similar deed restriction (an “REA”) for review and approval by the Community Development Director and City Attorney, which provides for reciprocal access between the project site and the adjacent hotel property to the north (12221 Harbor Boulevard). The applicant shall record the REA and provide City with a copy of the recorded REA prior to the issuance of building permits.

35. If any required parking spaces that serve the adjacent hotel development, the Sheraton Hotel at 12221 Harbor Boulevard, are removed to accommodate the proposed project, the applicant shall ensure that the parking spaces are 848
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
13 relocated and placed on the adjacent hotel project site to continue to serve the existing hotel. The Community Development Department shall review and approval the location of all new parking spaces.

36. The vehicular access on Twintree Avenue shall be restricted for emergency access, maintenance vehicle access, and trash and delivery trucks access only.

All employees and guests shall access the project site, including tourist buses and shuttles, from the Harbor Boulevard access.

37. The driveways on Harbor Boulevard and Twintree Avenue shall be designed with enhanced concrete treatment. All details of the decorative entry shall be submitted on the required landscape plans for review and approval of the Community Development Department.

38. 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 City's 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 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. The applicant shall also submit a site specific light and glare study for review and approval by Community Development Department prior to issuance of building permit.

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

40. 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 specimen 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.
849
Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards
14 41. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5 and 3515 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.

42. 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 the Project, including, but not limited to, Planned Unit Development No. PUD-141-01(A), the associated Mitigation Monitoring and Reporting Program for the Project, and/or any land use permit approved by the City to facilitate development of the Project. 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.
850

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING STAFF REPORT
AGENDA ITEM NO.: C.1. SITE LOCATION: Northwest corner of Harbor Boulevard and Twintree Avenue,
east of Tamerlane Drive at 12241,
12261, 12271, 12291, 12311 and
12323/12321 Harbor Boulevard, 12246,
12252, 12262, 12282, 12292, 12312,
12322, 12251, 12261, 12281, 12291,
12311, and 12321 Thackery Drive, and
the Vacated Thackery Drive and the
Vacated Alley
HEARING DATE: May 7, 2026 GENERAL PLAN: International West Mixed Use (IW)
CASE NOS.: Planned Unit Development
No. PUD-141-01(A) and Site Plan No. SP107-2022 (Rev. 2026) ZONE: Planned Unit Development No.

PUD-141-01(A)
PROPOSED: Planned Unit Development
No. PUD-141-01(A) with Modifications
Limited to Planned Unit Development
Provisions and Development and
Performance Standards
APPLICANT: Kam Sang Company CEQA DETERMINATION: Initial Study/Mitigated Negative Declaration
(MND) [2022]; and Supplemental
Environmental Impact Report (SEIR)
[2026]
PROPERTY OWNER: Same as applicant APN: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, & 54
REQUEST:

Pursuant to a Stipulated Writ of Mandate issued by the Orange County Superior Court in Marlene Perez, et al. v. City of Garden Grove, et al., O.C.S.C. Case No. 30-2022- 01281816-CU-WM-CXC, the Planning Commission will consider a recommendation to the City Council to: (1) certify a Supplemental Environmental Impact Report (SEIR), adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact, including a Statement of Overriding Considerations; (2) approve revisions to the Conditions of Approval for Site Plan No. SP-107-2022 (Rev. 2026) contingent upon the City Council’s action on PUD-141-01(A); and (3) reapprove Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features 851
STAFF REPORT FOR PUBLIC HEARING PAGE 2
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
identified in the SEIR for the previously approved Site B2 Project on 3.72 acres (Nickelodeon Hotel Resort).

BACKGROUND:

The project site consists of 3.72 acres located in the Grove District resort area, on the northwest corner of Harbor Boulevard and Twintree Avenue. In total, the site is comprised of nineteen (19) parcels, the entirety of Thackery Drive, and a public alley (Figure 1). Thackery Drive and the alley have previously been vacated by City Council, and are integrated into the project site. The project site has a General Plan Land Use designation of International West Mixed Use (IW). The IW land use designation is intended to promote the development of resorts, entertainment, retail, restaurants, and hotels along Harbor Boulevard. The entirety of the project site is currently zoned Planned Unit Development No. PUD-141-01(A) pursuant to Ordinance No. 2938 (adopted September 13, 2022). Prior to Ordinance No. 2938, thirteen (13) parcels were zoned PUD-141-01 and six (6) parcels were zoned R-1 (Single-Family Residential).

Collectively, the project is referred to as the Site B2 Project. The project site is currently largely vacant. The properties were previously developed with single-family structures that were demolished between 2004 and 2013. The entirety of the alley, and the easterly portion of Thackery Drive have also been removed.

The project site abuts Planned Unit Development No. PUD-141-01 and Multiple-Family Residential (R-3) zoned properties to the north, Single-Family Residential (R-1) zoned properties to the west, R-1 zoned properties and commercial uses in Planned Unit No.

PUD-121-98 to the south, across Twintree Avenue, and Planned Unit Development Nos. PUD-128-12 and PUD-121-12(A) to the east, across Harbor Boulevard. Nearby properties are developed with single-family and multiple-family residential, retail, restaurant, and hotel uses.

The Garden Grove Agency for Community Development and Palm Court Lodging, LLC, a California limited liability company entered into a Disposition and Development Agreement (DDA) on June 26, 2001 pursuant to which Palm Court was to acquire land from the Former Agency and develop two hotels. One hotel was completed.

The subject applicant is the assignee of Palm Court with regard to the development of the second hotel under the DDA. On September 13, 2022, the City Council approved a DDA to convey to the subject applicant approximately 1.5 acres of property owned by the City, including the vacated alley and Thackery Drive. As a result, the applicant now owns the entirety of the subject 3.72-acre property.

Entitlement History
In 2022, the applicant requested approval to develop the Nickelodeon Hotel Resort.

Approvals requested by the applicant included: (1) an amendment to Planned Unit Development No. PUD-141-01 to create a new sub-area, PUD-141-01(A), to facilitate the development of a full-service, high-rise hotel resort; (2) Site Plan No.

SP-107-2022 to authorize the construction of the proposed 500-room hotel resort; 852
STAFF REPORT FOR PUBLIC HEARING PAGE 3
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
(3) Street Vacation No. SV-002-2022 to vacate the entirety of Thackery Drive and the alley; and (4) an Initial Study / Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program to comply with the California Environmental Quality Act (CEQA).

On July 7, 2022, the Planning Commission adopted Resolution Nos. 6044-22 and 6045-22, which: (1) recommended that the City Council adopt the IS/MND and Mitigation Monitoring and Reporting Program for the Project and approve Planned Unit Development No. PUD-141-01(A); and (2) approved Site Plan No. SP-107-2022, subject to and contingent upon the effectiveness of a City Council resolution approving Street Vacation No. SV-002-2022 and an ordinance approving Planned Unit Development No. PUD-141-01(A).

On July 27, 2022, the Planning Commission’s actions were appealed by Unite Here Local 11,on environmental grounds including the greenhouse gas (GHG) emissions and vehicle miles traveled (VMT) analysis in the IS/MND. The appellant specifically argued that an Environmental Impact Report (EIR) was required. The appeal was filed in accordance with the City’s twenty-one (21) day appeal period.

On August 23, 2022, the City Council (1) adopted (a) Resolution No. 9767-22 denying Unite Here Local 11’s appeal and upholding the Planning Commission’s approvals; (b) Resolution No. 9768-22 adopting the IS/MND and Mitigation Monitoring and Reporting Program for the Project; (c) Resolution No. 9769-22 for the approval of Site Plan No. SP-107-2022; and (d) Resolution No. 9766-22 to initiate Street Vacation No. SV-002-2022; and (2) conducted the first reading of Ordinance No. 2938 to approve Planned Unit Development No. PUD-141-01(A).

On September 13, 2022, City Council adopted Resolution No. 9772-22 approving Street Vacation No. SV-002-2022 and adopted Ordinance No. 2938 to approve Planned Unit Development No. PUD-141-01(A). Pursuant to Ordinance No. 2938, the entirety of the project site is zoned Planned Unit Development No. PUD-141-01(A).

Prior to that ordinance, thirteen parcels were zoned PUD-141-01 and six parcels were zoned R-1 (Single-Family Residential).

On September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 (collectively, “Petitioners”) filed a Petition for Writ of Mandate, Complaint for Invalidation, Injunctive and Declaratory Relief in the Superior Court for the State of California, County of Orange, challenging the City Council’s actions on CEQA and other grounds (the “Petition”). Petitioner VietRise later joined the litigation. Prior to trial, the parties reached a settlement, which the Court entered as a Stipulated Writ of Mandate on February 13, 2024. Pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left the City’s 2022 approvals in place and did not direct the City to exercise its discretion in any particular way. Instead, the Stipulated Writ requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts; (b) assess whether modifications are needed to the prior approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) 853
STAFF REPORT FOR PUBLIC HEARING PAGE 4
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting pursuant to Garden Grove Municipal Code Section 9.32.030. All other claims were waived, released, and dismissed with prejudice. Pending discharge of the Stipulated Writ, no physical changes to the project site may be made.

To comply with the Stipulated Writ, the City has prepared an SEIR providing the focused CEQA review of the Project’s VMT and GHG impacts. The Planning Commission is now considering recommendations to the City Council on certification of the SEIR and on the action required under Paragraph 1(c) of the Stipulated Writ on PUD-141-01(A), as well as approval of corresponding revisions to the Conditions of Approval attached to Site Plan No. SP-107-2022 (now stylized as SP-107-2022 (Rev. 2026)) to incorporate the mitigation measures identified in the SEIR. .

PROJECT STATISTICS:

Standard PUD Subarea Provided
Lot Area 3.72-acres 3.72-acres
Required Parking1 480 528
Maximum Hotel Rooms 500 500
Maximum Square Footages
Combined Ballroom & Meeting
Rooms
Food and Beverage (Restaurants)
Nick Studio (Theater)
Entertainment Venue (Studio Hall)
Retail
Spa/Fitness
17,715 S.F.
22,296 S.F.
600 seats
6,448 S.F.
5,480 S.F.
8,532 S.F.
17,715 S.F.
22,296 S.F.
600 seats
6,448 S.F.
5,480 S.F.
8,532 S.F.

Maximum Building Height
2 No Limit, Subject to
a Shade and Shadow
Study
335’-8”
Building Setbacks3
Interior Side (North) None, 10 feet if
adjacent to
residential
27’-10”
Street Side (South - Twintree
Avenue)
10’-0” 16’-11”
Front (East – Harbor Boulevard) 9’-0” 9’-11”
Rear (West) 10’-0” 31’-4”

1 A Shared Parking Study was prepared to determine the required parking for the proposed hotel resort based on the estimated peak parking demand.
2 The proposed hotel project building height was analyzed in a Shade and Shadow Study prepared in conjunction with the Mitigated Negative Declaration.
3 The Shade and Shadow Study also evaluates the proposed building setbacks in relation to the proposed building height to ensure that no shade and shadow impacts would be created to adjacent sensitive uses. 854
STAFF REPORT FOR PUBLIC HEARING PAGE 5
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
DISCUSSION:

PLANNED UNIT DEVELOPMENT:

A Planned Unit Development (PUD) is a precise plan, adopted by ordinance, which provides the means for the regulation of buildings, structures, and uses of land in order to facilitate the implementation of the General Plan. The regulations of the PUD are intended to provide for an innovative land plan and design. The PUD is governed by zoning regulations that are contained within the ordinance that ultimately adopts the planned unit development.

Pursuant to Ordinance No. 2938 adopted in 2022, the project site is zoned Planned Unit Development No. PUD-141-01(A), which covers the entirety of the subject site to facilitate development of the proposed hotel resort. The PUD allows for the project to be consistent and compatible with the surrounding land uses. The PUD incorporates specific development standards regulating the number of hotel rooms, building heights, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, and environmental mitigation measures.

The PUD is being returned to the City Council pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate, which requires the Council to "approve, approve with modifications, or deny" the PUD in open session at a publicly agendized meeting after considering the focused VMT and GHG analysis set forth in the SEIR. The modifications recommended for City Council consideration are limited to revisions to the PUD Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR. No other changes to PUD-141-01(A) are proposed.

SITE PLAN:

The envisioned build-out of the project site is based on the submitted project plan and environmental document. All construction plans for the hotel resort would be consistent with the PUD standards, the associated plans (Attachment 2), environmental documentation, and conditions of approval. A summary of the project is provided below:
 Primary vehicular access to the site would be from Harbor Boulevard, while secondary vehicular access would be from Twintree Avenue  The hotel would include multiple entertainment areas, restaurants, a pool with water slides, and ballrooms.
 A total of 528 parking spaces would be provided across a five (5) level parking garage.
855
STAFF REPORT FOR PUBLIC HEARING PAGE 6
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
 The first six (6) stories would be reserved for programming, levels seven (7) to twenty-two (22) would include the hotel rooms, and the top floor would house a restaurant.
 The street frontages along Twintree Avenue and Harbor Boulevard would include a streetscape design consistent with the Grove District.  The building would be designed in a unique serpentine shape, up to a maximum height of 335’-8” to the top of the parapet.
 The building façade would be primarily clad in glass.

A full discussion of the hotel development is included in the original Staff Report from July 7, 2022 (Attachment 3).

The approved project design is not changing. The building footprint, height, layout, parking configuration, and architectural design remain as previously approved under Site Plan No. SP-107-2022 in 2022, and the project plans (Attachment 2) are unchanged from those approved in 2022. The narrow scope of the current Site Plan action recommended to the City Council is to update the Conditions of Approval to incorporate the revised PUD Performance Standards reflecting the mitigation measures identified in the SEIR. The stylization “SP-107-2022 (Rev. 2026)” refers to this Conditions-of-Approval update only and does not reflect any change to the approved site plan drawings.

FUTURE ENTITLEMENTS:

The full implementation of the hotel project would require future consideration of the following entitlements:
 A Tentative Tract Map to consolidate the project site.  A Development Agreement between the City and the applicant, in conjunction with the Tentative Tract Map.
 Conditional Use Permit(s) to allow for the sale of alcoholic beverages in various areas of the hotel.

CEQA:

In 2022, the proposed project was reviewed and an Initial Study and Mitigated Negative Declaration (IS/MND) was prepared pursuant to CEQA, Public Resources Code Section 21000 et seq. and the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.).

Subsequently in 2022, an action was filed in Orange County Superior Court challenging the IS/MND's vehicle miles traveled (VMT) and greenhouse gas (GHG) impact analyses, among other claims.
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STAFF REPORT FOR PUBLIC HEARING PAGE 7
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
As described in the Entitlement History above, the parties reached a settlement resulting in a Stipulated Writ of Mandate entered by the Court on February 13, 2024.

To comply with the Stipulated Writ's requirement to prepare a focused CEQA review of the Project's VMT and GHG impacts, the City has prepared the SEIR.

The complete SEIR document, and related attachments addressing the project’s VMT and GHG impacts is available for review on the City’s webpage at:
https://ggcity.org/planning/environmental-documents
A 45-day public comment period on the SEIR occurred from September 22, 2025 to November 6, 2025. Three (3) comment letters were received during the public comment period. These letters were from the Law Office of Jordan R. Sisson on behalf of Unite Here Local 11, Lozeau Drury LLP on behalf of the Supporters Alliance for Environmental Responsibility (“SAFER”), and the California Department of Transportation (Caltrans). The City's responses to these letters are included in the Final SEIR for the Project. A Supplemental Mitigation Monitoring and Reporting Program has been prepared, along with proposed Findings of Fact including a Statement of Overriding Considerations. In support of the Statement of Overriding Considerations, an Updated Economic Development Report & Analysis (Attachment 9) has been prepared, which evaluates the economic, fiscal, and other benefits of the Project that may be weighed against the significant unavoidable impacts identified in the SEIR.

RECOMMENDATION:

Staff recommends that the Planning Commission take the following actions:

1. Adopt Resolution No. 6133-26 recommending that the City Council certify the Supplemental Environmental Impact Report (SEIR), adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact, including a Statement of Overriding Considerations, pursuant to Paragraph 1(a) of the Stipulated Writ of Mandate;

2. Adopt Resolution No. 6134-26 recommending that the City Council approve revisions to the Conditions of Approval for Site Plan No. SP-107-2022, contingent upon the City Council’s action on Planned Unit Development No.

PUD-141-01(A) pursuant to Paragraph 1(b) of the Stipulated Writ of Mandate; and

3. Adopt Resolution No. 6135-26 recommending that the City Council reapprove Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate.
857
STAFF REPORT FOR PUBLIC HEARING PAGE 8
CASE NOS. PUD-141-01(A) AND SP-107-2022 (REV. 2026)
Maria Parra
Planning Services Manager
By: Priit Kaskla, AICP
Senior Planner
Attachment 1: Area Map
Attachment 2: Plans
Attachment 3: Planning Commission Staff Report dated July 7, 2022 Attachment 4: Resolution No. 6133-26 with "Exhibit A" - Final Supplemental Environmental Impact Report with Appendices and “Exhibit B” - Supplemental Mitigation Monitoring and Reporting Program and “Exhibit C” – Findings of Fact, Including Statement of Overriding Considerations
Attachment 5: Resolution No. 6134-26 with "Exhibit A" - Conditions of Approval Attachment 6: Resolution No. 6135-26 with "Exhibit A" – Proposed City Council Ordinance
Attachment 7: Notice of Entry of Order Approving Stipulated Writ of Mandate Attachment 8: Original Economic Development Report & Analysis (2022) Attachment 9: Updated Economic Development Report & Analysis (2026) 858
RESOLUTION NO. 6133-26

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE

RECOMMENDING THAT THE CITY COUNCIL CERTIFY A SUPPLEMENTAL

ENVIRONMENTAL IMPACT REPORT (SEIR), ADOPT A SUPPLEMENTAL MITIGATION

MONITORING AND REPORTING PROGRAM, AND ADOPT FINDINGS OF FACT, INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS, FOR THE SITE B2

PROJECT (NICKELODEON HOTEL RESORT) ON PROPERTIES LOCATED AT THE

NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311, 12321, AND 12323 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY, ASSESSOR’S PARCEL NOS. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54.

WHEREAS, the Project consists of the development of a full-service, high-rise hotel resort on 3.72 acres in the Grove District resort area, on the northwest corner of Harbor Boulevard and Twintree Avenue; and
WHEREAS, in 2022, the City approved an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project, approved Planned Unit Development No. PUD-141-01(A) pursuant to Ordinance No. 2938, approved Site Plan No. SP-107-2022, and approved Street Vacation No. SV-002-2022 (collectively, the “2022 Approvals”); and WHEREAS, on September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 filed a Petition for Writ of Mandate in the Orange County Superior Court challenging the 2022 Approvals on CEQA and other grounds, and Petitioner VietRISE later joined the litigation (OCSC Case No. 30-2022-01281816-CU-WM-CXC) (the “Petition”); and
WHEREAS, the parties reached a settlement agreement and, as a result, the Court entered a Stipulated Writ of Mandate on February 13, 2024 (the “Stipulated Writ”). Pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left the 2022 Approvals in place. The Stipulated Writ requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant VMT and GHG impacts; (b) assess whether modifications are needed to the 2022 Approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting. All other claims in the Petition were waived, released, and dismissed with prejudice; and
WHEREAS, in compliance with the Stipulated Writ and 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., a Supplemental Environmental Impact Report (“SEIR”) 859
Resolution No. 6133-26 Page 2
was prepared for the Project to provide a focused review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts; and WHEREAS, in compliance with CEQA and the CEQA Guidelines, the City of Garden Grove distributed a Notice of Preparation (NOP) to local, county, and state agencies along with interested private organizations and individuals. The NOP was delivered to the State Clearinghouse and the CEQA-required 30-day review period began on April 18, 2025 and ended on May 18, 2025. On April 30, 2025, the City conducted a public scoping meeting to provide an opportunity to receive feedback on potential environmental issues related to the project; and WHEREAS, in accordance with CEQA and the CEQA Guidelines, a Notice of Availability, along with the Draft SEIR, was circulated to the public, responsible agencies, and other interested persons for review and comment during the CEQArequired 45-day public review period from September 22, 2025 to November 6, 2025; and
WHEREAS, the Project’s potential impacts related to Greenhouse Gas Emissions have been identified in the SEIR as significant and unavoidable. The Project’s potential impacts related to Transportation have been identified as less than significant with the incorporation of mitigation. The City, therefore, must adopt a Supplemental Mitigation Monitoring and Reporting Program. Further, the City must adopt a “Statement of Overriding Considerations” per CEQA Guidelines Section 15093 describing why the economic, legal, social, technological, or other benefits of the Project outweigh its significant unavoidable impacts; and WHEREAS, the SEIR reflects the City’s independent judgment and analysis; and
WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission also adopted Resolution No. 6134-26 recommending that the City Council, pursuant to Paragraph 1(b) of the Stipulated Writ of Mandate, approve revisions to the Conditions of Approval for Site Plan No. SP-107-2022, and Resolution No. 6135-26 recommending that the City Council, pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate, reapprove Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR; and
WHEREAS, at its regular meeting held May 7, 2026, the Planning Commission of the City of Garden Grove held a duly noticed public hearing and considered the report submitted by City staff and all oral and written testimony presented regarding the Project and the SEIR.

NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED as follows:

1. The Planning Commission hereby recommends that the City Council, pursuant to Paragraph 1(a) of the Stipulated Writ of Mandate: (a) certify the SEIR 860
Resolution No. 6133-26 Page 3
attached hereto as Exhibit “A” and incorporated herein by reference; (b) adopt the Supplemental Mitigation Monitoring and Reporting Program attached hereto as Exhibit “B” and incorporated herein by reference; and (c) adopt Findings of Fact, including a Statement of Overriding Considerations, for the Project attached hereto as Exhibit “C” and incorporated herein by reference.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Garden Grove at a regular meeting held on May 7, 2026.

Adopted this 7th day of May 2026
ATTEST: /s/ BERT ASHLAND__________
CHAIR
/s/ CAROL SEBBO_____________

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )
I, CAROL SEBBO, Secretary of the City of Garden Grove 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 May 7, 2026, by the following vote:

AYES: COMMISSIONERS: (7) ASHLAND, BEARD, CUEVA, FLANDERS,

LARICCHIA, LINDSAY, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (0) NONE
/s/ CAROL SEBBO_________

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 May 18, 2026.
861
RESOLUTION NO. 6134-26

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE

RECOMMENDING THAT THE CITY COUNCIL APPROVE REVISIONS TO THE CONDITIONS OF APPROVAL FOR SITE PLAN NO. SP-107-2022 FOR THE SITE B2

PROJECT (NICKELODEON HOTEL RESORT) ON PROPERTIES LOCATED AT THE

NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311, 12321, AND 12323 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY, ASSESSOR’S PARCEL NOS. 231-471- 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54.

BE IT RESOLVED that the Planning Commission of the City of Garden Grove, in regular session assembled on May 7, 2026, does hereby recommend that the City Council, pursuant to Paragraph 1(b) of the Stipulated Writ of Mandate entered by the Orange County Superior Court on February 13, 2024 (the “Stipulated Writ”), approve revisions to the Conditions of Approval for Site Plan No. SP-107-2022 for property located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311, 12321, and 12323 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, the vacated Thackery Drive, and the vacated alley, Assessor’s Parcel Nos. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 54 (the “Project”), subject to: (i) City Council certification of the Supplemental Environmental Impact Report pursuant to Paragraphs 1(a) and 1(b) of the Stipulated Writ; and (ii) City Council adoption and effectiveness of an ordinance approving, with modifications, Planned Unit Development No. PUD-141-01(A) pursuant to Paragraph 1(c) of the Stipulated Writ.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Garden Grove does hereby report as follows:

1. Kam Sang Company is the Applicant.

2. In 2022, the City approved Site Plan No. SP-107-2022, authorizing the construction of a full-service, high-rise hotel resort (the “Nickelodeon Hotel Resort”) on a 3.72-acre site in the Grove District. The approved Project consists of a 500-room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600- seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements. The approved Project design is not changing.

3. To comply with Paragraph 1(a) of the Stipulated Writ, the City prepared a Supplemental Environmental Impact Report (“SEIR”) providing a focused review of the Project’s potentially significant Vehicle Miles 862
Resolution No. 6134-26 Page 2
Traveled (VMT) and Greenhouse Gas (GHG) impacts. The SEIR was prepared and circulated in accordance with the California Environmental Quality Act (“CEQA”), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. GHG impacts were identified as significant and unavoidable while VMT impacts were found to be less than significant with the incorporation of mitigation. Concurrently with this Resolution, the Planning Commission adopted Resolution No. 6133-26, recommending that the City Council, pursuant to Paragraphs 1(a) and 1(b) of the Stipulated Writ, certify the SEIR, adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact including a Statement of Overriding Considerations. The facts and findings set forth in Resolution No. 6133-26 are hereby incorporated by reference.

4. To comply with Paragraph 1(c) of the Stipulated Writ, the City Council must approve, approve with modifications, or deny Planned Unit Development No. PUD-141-01(A) at a publicly agendized meeting. The modifications to PUD-141-01(A) are limited to revisions to the Performance Standards to incorporate the project design features and mitigation measures identified in the SEIR. Concurrently with this Resolution, the Planning Commission adopted Resolution No. 6135-26, recommending that the City Council, pursuant to Paragraph 1(c) of the Stipulated Writ, reapprove Planned Unit Development No.

PUD-141-01(A) with modifications limited to the Planned Unit Development Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR. The facts and findings set forth in Resolution No. 6135-26 are hereby incorporated by reference.

5. The action approved pursuant to this Resolution is limited to revising the Conditions of Approval for the previously approved Site Plan No.

SP-107-2022, consistent with Paragraph 1(b) of the Stipulated Writ, to incorporate the mitigation measures identified in the SEIR and other administrative updates. The site plan drawings, building footprint, height, layout, parking configuration, and architectural design are unchanged from those approved in 2022.

6. The Project site has a General Plan Land Use designation of International West Mixed Use (IW). The Project site consists of approximately 3.72 acres comprising nineteen (19) parcels, together with Thackery Drive and a public alley, which the City Council vacated under Street Vacation No. SV-002-2022 and integrated into the Project site. The entirety of the Project site is zoned Planned Unit Development No. PUD-141-01(A) pursuant to Ordinance No. 2938 (adopted September 13, 2022). 863
Resolution No. 6134-26 Page 3

7. The Planning Commission reviewed existing land use, zoning, and General Plan designations of property in the vicinity of the Project site.

8. The Planning Commission reviewed the report submitted by City staff.

9. Pursuant to a legal notice, a public hearing was held on May 7, 2026, and all interested persons were given an opportunity to be heard.

10. The Planning Commission gave due and careful consideration to this matter during its meeting of May 7, 2026, and considered all oral and written testimony presented regarding the Project, the SEIR, and the Site Plan’s revised Conditions of Approval.

BE IT FURTHER RESOLVED, FOUND AND DETERMINED that the facts and reasons supporting the conclusion of the Planning Commission are as follows:

FACTS:

The Project site consists of approximately 3.72 acres of land located on the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive. The Project is located in the Grove District, the City’s resort area developed with hotels, restaurants, and commercial uses.

The Project site abuts Planned Unit Development No. PUD-141-01 and MultipleFamily Residential (R-3) zoned properties to the north, Single-Family Residential (R-1) zoned properties to the west, R-1 zoned properties and commercial uses in Planned Unit Development No. PUD-121-98 to the south across Twintree Avenue, and Planned Unit Development Nos. PUD-128-12 and PUD-121-12(A) to the east across Harbor Boulevard. Nearby properties are developed with single-family and multiple-family residential, retail, restaurant, and hotel uses.

The Project is referred to as the Site B2 Project. The former Garden Grove Redevelopment Agency and the City acquired the subject properties to facilitate the development of a hotel resort. On September 13, 2022, the City Council approved a Disposition and Development Agreement (DDA) to convey to the applicant approximately 1.5 acres of City-owned property, including the vacated alley and Thackery Drive. The applicant now owns the entirety of the 3.72-acre Project site.

The Project site consists of nineteen (19) parcels, including Thackery Drive and a public alley, which the City Council vacated under Street Vacation No. SV-002-2022 and integrated into the Project site. The entirety of the Project site is zoned Planned Unit Development No. PUD-141-01(A) pursuant to Ordinance No. 2938 (adopted September 13, 2022). Prior to Ordinance No. 2938, thirteen parcels were zoned PUD-141-01 and six parcels were zoned R-1 (Single-Family Residential).

In 2022, the City approved Site Plan No. SP-107-2022, authorizing the construction of the Nickelodeon Hotel Resort — a 500-room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600-seat theater; 864
Resolution No. 6134-26 Page 4
17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements.

Planned Unit Development No. PUD-141-01(A) was approved pursuant to Ordinance No. 2938 (adopted September 13, 2022) and covers the entirety of the Project site.

PUD-141-01(A) establishes development standards regulating the number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, and environmental mitigation measures. The Stipulated Writ requires the City Council to consider, with the benefit of the SEIR, modifications to PUD-141-01(A) limited to revisions to the Performance Standards to incorporate the mitigation measures identified in the SEIR.

FINDINGS AND REASONS:

Site Plan
The Planning Commission incorporates by reference the findings made in Planning Commission Resolution Nos. 6044-22 and 6045-22 and in City Council Resolution 9769-22 contingently approving Site Plan No. SP-107-2022 in 2022. Those findings remain valid and are not affected by the current action. The revised Conditions of Approval are limited to incorporating the mitigation measures identified in the SEIR and conforming administrative updates, and do not alter the Project design, use, or any aspect of the Site Plan approval that was the subject of those prior findings. In addition:
 The Site Plan, with the revised Conditions of Approval, will continue to comply with the spirit and intent of the provisions, conditions and requirements of the General Plan and Title 9, and other applicable ordinances and policies of the City will continue to be complied with.
 The Site Plan, with the revised Conditions of Approval, will continue to not adversely affect essential on-site facilities, such as off-street parking, loading and unloading areas, traffic circulation, and points of vehicular and pedestrian access. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and do not modify the approved site layout, access, circulation, or parking configuration.  The Site Plan, with the revised Conditions of Approval, will continue to not adversely affect essential public facilities, such as streets and alleys, utilities, and drainage channels. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and do not modify any aspect of the Project affecting public infrastructure.  The Site Plan, with the revised Conditions of Approval, will continue to not adversely impact the City's ability to perform its required public works functions. The revised Conditions of Approval incorporate mitigation measures 865
Resolution No. 6134-26 Page 5
identified in the SEIR and limited administrative updates and impose no new burdens on the City's public works operations.
 The Site Plan with the revised Conditions of Approval, will continue to be compatible with the physical, functional, and visual quality of the neighboring uses and desirable neighborhood characteristics. The revised Conditions of Approval incorporate mitigation measures identified in the SEIR and limited administrative updates and do not alter the approved building design, massing, landscaping, or streetscape improvements.

INCORPORATION OF FACTS AND FINDINGS SET FORTH IN THE STAFF REPORT AND

OTHER RESOLUTIONS
In addition to the foregoing, the Planning Commission incorporates herein by this reference the facts and findings set forth in the staff report and in Resolution Nos. 6133-26 and 6135-26.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. To fulfill the purpose and intent of Planned Unit Development No.

PUD-141-01(A) and the Municipal Code, and thereby promote the health, safety, and general welfare, the revisions to the Conditions of Approval shown in Exhibit “A” attached hereto are hereby recommended for adoption and shall apply to Site Plan No. SP-107-2022.

2. That Site Plan No. SP-107-2022, with the revised Conditions of Approval, shall be referred to for identification purposes as Site Plan No. SP-107-2022 (Rev. 2026).

BE IT FURTHER RESOLVED that if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Garden Grove at a regular meeting held on May 7, 2026.

Adopted this 7th day of May 2026
ATTEST: /s/ BERT ASHLAND__________
CHAIR
/s/ CAROL SEBBO_____________

RECORDING SECRETARY
866
Resolution No. 6134-26 Page 6

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

AYES: COMMISSIONERS: (7) ASHLAND, BEARD, CUEVA, FLANDERS,

LARICCHIA, LINDSAY, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (0) NONE
/s/ CAROL SEBBO_________

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 May 18, 2026.
867
RESOLUTION NO. 6135-26

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GARDEN GROVE

RECOMMENDING THAT THE CITY COUNCIL REAPPROVE PLANNED UNIT DEVELOPMENT NO. PUD-141-01(A) WITH MODIFICATIONS LIMITED TO THE

PLANNED UNIT DEVELOPMENT PROVISIONS AND DEVELOPMENT AND

PERFORMANCE STANDARDS TO INCORPORATE THE MITIGATION MEASURES AND

PROJECT DESIGN FEATURES IDENTIFIED IN THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT, FOR THE SITE B2 PROJECT (NICKELODEON HOTEL RESORT) LOCATED ON AN APPROXIMATELY 3.72-ACRE SITE AT THE NORTHWEST CORNER OF

HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311 12323, AND 12321 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY, ASSESSOR’S PARCEL NOS. 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54.

WHEREAS, the Site B2 Project (Nickelodeon Hotel Resort) (the “Project”) consists of the development of a full-service, high-rise hotel resort on an approximately 3.72 acre site known as Site B2, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, the vacated Thackery Drive, and the vacated alley (Assessor’s Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 54) and comprised of a 500-room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements; and
WHEREAS, on July 7, 2022, Planning Commission of the City of Garden Grove adopted Resolution No. 6044-22 recommending that the City Council adopt a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project and approve Planned Unit Development No. PUD-141-01(A) to create a sub-area within Planned Unit Development No. PUD-141-01 comprised of the Project Site and to establish provisions and development and performance standards for the subject site to facilitate development of the Project; and WHEREAS, on August 23, 2022, the City Council of the City of Garden Grove adopted Resolution No. 9768-22 adopting a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project, adopted Resolution No. 9769-22 contingently approving Site Plan No. SP-107-2022, and introduced an Ordinance to approve Planned Unit Development No. PUD-141-01(A) (collectively, the “2022 Approvals”); and
868
Resolution No. 6135-26 Page 2
WHEREAS, on September 13, 2022, the Garden Grove City Council adopted Resolution No. 9772-22 approving Street Vacation No. SV-002-2022 and adopted Ordinance No. 2938 approving Planned Unit Development No. PUD-141-01(A); and WHEREAS, on September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 filed a Petition for Writ of Mandate in the Orange County Superior Court challenging the 2022 Approvals on CEQA and other grounds, and Petitioner VietRISE later joined the litigation (OCSC Case No. 30-2022-01281816-CU-WM-CXC) (the “Petition”); and
WHEREAS, the parties reached a settlement agreement and, as a result, the Court entered a Stipulated Writ of Mandate on February 13, 2024 (the “Stipulated Writ”); pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left the 2022 Approvals in place; the Stipulated Writ further requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant VMT and GHG impacts; (b) assess whether modifications are needed to the 2022 Approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting pursuant to Garden Grove Municipal Code Section

9.32.030; all other claims in the Petition were waived, released, and dismissed with prejudice; and
WHEREAS, to comply with Paragraph 1(a) of the Stipulated Writ, the City prepared a Supplemental Environmental Impact Report (“SEIR”) providing a focused review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts, in compliance 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.; the SEIR was prepared and circulated in accordance with CEQA and the CEQA Guidelines; GHG impacts were identified as significant and unavoidable; VMT impacts were identified as less than significant with the incorporation of mitigation; the SEIR reflects the City’s independent judgment and analysis; and WHEREAS, to comply with Paragraph 1(b) of the Stipulated Writ, a Supplemental Mitigation Monitoring and Reporting Program has been prepared listing the mitigation measures to be monitored during Project implementation, and the modifications to PUD-141-01(A) recommended herein incorporate those mitigation measures and the project design features identified in the SEIR into the revised Performance Standards; and
WHEREAS, concurrent with its adoption of this Resolution, the Planning Commission also adopted (A) Resolution No. 6133-26 recommending that the City Council, pursuant to Paragraphs 1(a) of the Stipulated Writ, certify the SEIR, adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact including a Statement of Overriding Considerations; and (B) Resolution No. 6134-26 recommending that the City Council, pursuant to Paragraph 1(b) of the Stipulated Writ, approve revisions to the Conditions of Approval for Site Plan No. 869
Resolution No. 6135-26 Page 3
SP-107-2022 (Rev. 2026); the facts and findings set forth in Resolution Nos. 6133-26 and 6134-26 are hereby incorporated into this Resolution by reference; and WHEREAS, additional entitlements will be needed to fully implement the Project, including a tentative tract map to consolidate the project site and a conditional use permit or permits to allow the sale of alcoholic beverages in the hotel, restaurants, and ballroom and meeting space; in addition, a development agreement between the City and the applicant in conjunction with the tentative tract map may also be considered; and
WHEREAS, the Planning Commission of the City of Garden Grove held a duly noticed public hearing on May 7, 2026, and considered all oral and written testimony presented regarding the Project.

NOW, THEREFORE, BE IT RESOLVED, FOUND AND DETERMINED as follows:

1. The Planning Commission hereby recommends the City Council adopt an Ordinance in a form substantially similar to the draft Ordinance attached hereto as Exhibit “A” reapproving Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR.

BE IT FURTHER RESOLVED that the Planning Commission of the City of Garden Grove, as required under Municipal Code Section 9.32.030, does hereby report as follows:

FACTS:

The project site consists of 3.72 acres located in the Grove District resort area, on the northwest corner of Harbor Boulevard and Twintree Avenue. The project site abuts Planned Unit Development No. PUD-141-01 and Multiple-Family Residential (R-3) zoned properties to the north, Single-Family Residential (R-1) zoned properties to the west, R-1 zoned properties and commercial uses in Planned Unit No.

PUD-121-98 to the south across Twintree Avenue, and Planned Unit Development Nos. PUD-128-12 and PUD-121-12(A) to the east across Harbor Boulevard. Nearby properties are developed with single-family and multiple-family residential, retail, restaurant, and hotel uses.

The project site consists of nineteen (19) parcels, together with Thackery Drive and a public alley, which the City Council vacated under Street Vacation No. SV-002-2022 and integrated into the project site. The entirety of the project site is zoned Planned Unit Development No. PUD-141-01(A) pursuant to Ordinance No. 2938 (adopted September 13, 2022). Prior to Ordinance No. 2938, thirteen parcels were zoned PUD-141-01 and six parcels were zoned R-1 (Single-Family Residential). The project site has a General Plan Land Use designation of International West Mixed Use (IW).

The project site is referred to as the Site B2 Project. The former Garden Grove Redevelopment Agency and the City acquired the subject properties to facilitate the 870
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development of a hotel resort. On September 13, 2022, the City Council approved a Disposition and Development Agreement (DDA) to convey to the applicant approximately 1.5 acres of City-owned property, including the vacated alley and Thackery Drive. The applicant now owns the entirety of the 3.72-acre project site.

In 2022, the City approved PUD-141-01(A) pursuant to Ordinance No. 2938, establishing development standards for the entirety of the project site to facilitate the construction of the Nickelodeon Hotel Resort. PUD-141-01(A) establishes development standards regulating the number of hotel rooms, building height, building setbacks, landscaping, permitted uses, required parking, site circulation and access, signage, utilities, storage and refuse collection, and environmental mitigation measures.

To comply with the Stipulated Writ, the City prepared the SEIR analyzing the Project’s VMT and GHG impacts. The modifications to PUD-141-01(A) recommended herein are limited to revisions to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR. No other changes to PUD-141-01(A) are proposed.

FINDINGS AND REASONS:

1. PUD-141-01(A), as modified, is consistent with the City’s General Plan.

A Planned Unit Development is a precise plan, adopted by ordinance that provides the means for the regulation of buildings, structures, and uses of land to facilitate the implementation of the General Plan by creating site-specific zoning regulations and development standards. The regulations of the PUD are intended to provide for a diversity of uses, relationships, and open spaces in an innovative land plan and design, while ensuring compliance with the provisions of the Municipal Code.

The project site has a General Plan Land Use Designation of International West Mixed Use (IW), which is intended to promote the development of resorts, entertainment, retail, restaurants, and hotels along Harbor Boulevard.

PUD-141-01(A) implements the IW land use designation by establishing development standards that facilitate the development of the hotel resort. The modifications to PUD-141-01(A) incorporate the mitigation measures and project design features identified in the SEIR and do not alter the Project’s consistency with the General Plan. The Project is consistent with the goals and policies of the General Plan Land Use Element, Community Design Element, Economic Development Element, and Circulation Element, including the following:

Goal LU-1: The City of Garden Grove is a well-planned community with sufficient land uses and intensities to meets the needs of anticipated growth and achieve the community’s vision.
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The Project is located in the Grove District resort area, a focus area within the General Plan Land Use Element intended to be developed with restaurants, retail, entertainment, hotels, and other tourism-supporting uses.

PUD-141-01(A) supports the intent of the focus area and establishes development standards for the Project that integrate with the surrounding community.

Policy LU-1.4: Encourage a wide variety of retail and commercial uses, such as restaurant and cultural arts/entertainment, in appropriate locations.

The Project is located in the Grove District, which encourages restaurants, retail, entertainment, and hotel uses along Harbor Boulevard. The Nickelodeon Hotel Resort features 500 hotel rooms with themed amenities, restaurants, and event spaces, adding to the hospitality services in the City’s resort area and attracting local and regional visitors.

Policy LU-1.5: Encourage active and inviting pedestrian-friendly street environments that include a variety of uses within commercial and mixed-use areas.

The Project is located in the City’s Grove District, developed with hotel, restaurant, and retail uses. The Project provides a pedestrian-friendly street environment through landscaping and a decorative public sidewalk pattern specific to the resort area. The landscape pattern along Harbor Boulevard includes a double row of palm trees, canopy trees with up-lighting, shrubs, and groundcover that create an inviting environment for pedestrians.

Goal LU-4: Uses compatible with one another.

The Project is located in the City’s Grove District, which encourages restaurants, retail, entertainment, and hotel uses along Harbor Boulevard. The Nickelodeon Hotel Resort features 500 hotel rooms with themed amenities, restaurants, and event spaces, adding to the hospitality services in the City’s resort area and attracting local and regional visitors.

Policy LU-4.5: Require that commercial developments adjoining residential uses be adequately screened and buffered from residential areas.

The project site directly abuts residential uses to the northwest and west.

PUD-141-01(A) incorporates specific mitigation measures and project design features to minimize impacts on adjacent residential uses, including noise generated from the hotel, parking structure, and pool deck, ensuring adequate screening and buffering.

Policy LU-5.1: Work with property owners of vacant commercially zoned property to develop their sites into appropriate, economically viable projects. 872
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The project site was previously vacant. PUD-141-01(A) facilitates the construction of the hotel development, integrating the entirety of the site into a single, cohesive development and reimagining an otherwise vacant property as an economically viable use.

Policy LU-6.2: Encourage a mix of retail and commercial services along major corridors and in centers to meet the community needs.

The Project is located in the City’s Grove District along Harbor Boulevard, a major corridor. The Nickelodeon Hotel Resort features 500 hotel rooms, themed amenities, restaurants, and event spaces, helping meet the community’s needs for hotel, restaurant, and retail uses.

Goal LU-9: Creation of tourism and entertainment-related destination area that will benefit all residents, businesses, and visitors.

The Project is located in the Grove District along Harbor Boulevard. The Nickelodeon Hotel Resort features 500 hotel rooms with unique themed amenities that attract residents and local and regional visitors, and introduces new employment opportunities to the local community.

Policy LU-9.1: Capture the benefits of the tourist trade generated by the Disneyland Resort and the Anaheim Convention Center.

The project site is approximately 1.3 miles from the Anaheim Convention Center and 2.4 miles from the Disneyland Resort. PUD-141-01(A) facilitates the development of a themed hotel that complements these major tourist destinations and the tourism-supporting uses along Harbor Boulevard.

Policy LU-9.6 Locate tourist or entertainment related uses with adequate access to freeways or major arterials to encourage both local and regional patronage.

The Project is located on Harbor Boulevard, a major arterial connecting to State Route 22 and Interstate 5. Harbor Boulevard intersects other major arterial streets including Chapman Avenue, Garden Grove Boulevard, Trask Avenue, and Westminster Avenue, providing convenient access for local and regional visitors.

Policy CD-1.5: Prepare and implement design guidelines for special districts or areas with unique character in the City of Garden Grove.

The Project is located in the Grove District resort area along Harbor Boulevard, a focus area within the General Plan Land Use Element. PUD-141-01(A) includes provisions requiring the Project to be consistent with the adopted Harbor Boulevard urban design standards, including a specialty patterned sidewalk, street trees, lighting, and other landscaping in the public right-ofway, further integrating the Project into the surrounding neighborhood. 873
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Policy CD-4.5: Encourage new public and private parking facilities to meet aesthetic and functional standards beneficial to the urban environment.

The Project includes a multi-level parking structure shielded from public view by the hotel’s service and amenity areas, which are located in front of and on top of the parking structure, limiting the visual impact of the parking structure on adjacent public rights-of-way and residential uses to the west.

Policy CD-5: Landmarks contribute to the character and image of Garden Grove.

PUD-141-01(A) facilitates the development of a hotel with an iconic serpentine shape, silhouette, and Nickelodeon-themed elements unique to the hotel, contributing to the character and image of Garden Grove and the skyline along Harbor Boulevard.

Goal CD-7: Unique and distinct districts will further enhance and strengthen the City’s identity.

PUD-141-01(A) facilitates a development that is iconic and integrated into the urban design of the Harbor Boulevard corridor, supporting the intent of the Grove District focus area.

Policy CD-7.1 Encourage future development and redevelopment projects to reinforce district scale, identity, and urban form.

Hotels in the Grove District vary in design, massing, and building height, with each brand incorporating its own unique architectural design. The Project features a contemporary design that complements and reflects the Nickelodeon brand, creating a themed resort environment through enhanced architectural elements that integrate with the vision of the resort district.

Goal ED-1: Opportunities for development of tourism-related businesses shall be enhanced.

The Project is located approximately 1.3 miles south of the Anaheim Convention Center and 2.4 miles south of Disneyland, in the middle of a tourism-centric area along Harbor Boulevard. PUD-141-01(A) facilitates the development of a hotel with related amenities that carries on the intent of the Grove District and the Anaheim Resort area.

Policy ED-1.1 Continue to encourage the development and expansion of hotel facilities in key corridors of the City (i.e., Harbor Boulevard).

The Project is located in the Grove District along Harbor Boulevard, a major corridor. The subject site has been designated for hotel use since 2001.

PUD-141-01(A) facilitates the development of a new 500-room themed hotel that meets the intent of the Grove District and the IW land use designation. 874
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Policy CIR-5.4: Provide appropriate pedestrian access throughout the City of Garden Grove.

The Project is located on Harbor Boulevard. PUD-141-01(A) includes provisions to improve pedestrian access, including urban design and landscaping consistent with Harbor Boulevard within the Grove District.

Policy CIR-9.2: Provide landscaped medians and greenbelts along major arterials, highways, and freeways, when economically feasible.

PUD-141-01(A) includes provisions requiring the Project to be consistent with the adopted Harbor Boulevard urban design standards, including a specialty patterned sidewalk, street trees, lighting, and other landscaping in the public right-of-way, continuing the adopted design palette of Harbor Boulevard.

2. The location, design, and the proposed uses of PUD-141-01(A), as modified, are compatible with the character of the existing development in the vicinity and will be well integrated into its setting.

The Project is located in the City’s Grove District, a resort destination developed with hotel, restaurant, and entertainment uses. The Project is compatible with existing hotel developments in the area and enhances the hospitality services in the Grove District. The hotel offers themed amenities unique to the Nickelodeon brand, including a pool with a lazy river, pool slides, a 600-seat theater, and entertainment venues.

The Grove District features elevated architectural design across individual hotel brands. The Project proposes an architectural style evocative of the Nickelodeon brand and provides landscaping and a decorative sidewalk pattern specific to the Grove District, creating a lively streetscape that unifies the hotel uses along Harbor Boulevard.

PUD-141-01(A) incorporates specific mitigation measures and project design features to minimize impacts on adjacent uses, ensuring that adjacent uses are adequately screened and buffered from the hotel.

3. PUD-141-01(A), as modified, will produce a stable and desirable environment and will not cause undue traffic congestion on surrounding streets.

PUD-141-01(A) develops the currently vacant project site to the fullest intent of the IW land use designation. The Project revitalizes vacant properties in the Grove District with a contemporary architectural design and hotel amenities evocative of the Nickelodeon brand. Landscaping along Harbor Boulevard and Twintree Avenue is compatible with the resort area landscape pattern, creating a lively streetscape and attractive environment.
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A Traffic Impact Study was prepared for the Project. The SEIR identifies appropriate mitigation measures to minimize undue traffic congestion on surrounding streets.

A Shared Parking Study was prepared to determine the peak parking demand of the Project. The study determined that the peak parking demand is estimated at 471 parking spaces on weekdays and 480 parking spaces on weekends. The Project provides 528 parking spaces, sufficient to accommodate the peak demand. The Project also implements a valet parking program to increase onsite parking capacity during peak periods.

4. PUD-141-01(A), as modified, makes provision for both public and private open spaces.

The development and performance standards of PUD-141-01(A) include provisions for the protection and long-term maintenance of public and private open spaces. The Project provides landscaping along Harbor Boulevard and Twintree Avenue compatible with the resort area landscape pattern, including a double row of palm trees, canopy trees with up-lighting, shrubs, groundcover, and a decorative public sidewalk pattern. The Project also includes hotel open space amenities including a pool deck with a lazy river and pool slides.

5. PUD-141-01(A), as modified, makes provision for the protection and maintenance of private areas reserved for common use.

Through the Performance Standards, development standards, and conditions of approval, all necessary agreements for the protection and maintenance of private areas reserved for common use are in place prior to the start of construction and are required to be adhered to for the life of the Project.

6. The quality of the project, achieved through the proposed Planned Unit Development zoning, is greater than could be achieved through traditional zoning.

The City has not adopted zoning to implement the IW land use designation.

PUD-141-01(A) therefore implements the IW land use designation by establishing site-specific development standards tailored to facilitate the development of the hotel resort. The modifications to PUD-141-01(A) incorporate the mitigation measures and project design features identified in the SEIR through revised Performance Standards, maintaining the superior design quality that the PUD was established to achieve. 876
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INCORPORATION OF FACTS AND FINDINGS SET FORTH IN STAFF REPORT AND

OTHER RESOLUTIONS
In addition to the foregoing, the Planning Commission incorporates herein by this reference, the facts and findings set forth in the staff report and in Resolution Nos. 6133-26 and 6134-26, and in Resolution No. 6044-22.

BE IT FURTHER RESOLVED that the Planning Commission does conclude:

1. PUD-141-01(A), as proposed to be modified, possesses characteristics would indicate justification of the request in accordance with Municipal Code Sections

9.16.03.020 and 9.32.030.

Adopted this 7th day of May 2026
ATTEST: /s/ BERT ASHLAND__________
CHAIR
/s/ CAROL SEBBO_____________

RECORDING SECRETARY

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

AYES: COMMISSIONERS: (7) ASHLAND, BEARD, CUEVA, FLANDERS,

LARICCHIA, LINDSAY, RAMIREZ
NOES: COMMISSIONERS: (0) NONE
ABSENT: COMMISSIONERS: (0) NONE
/s/ CAROL SEBBO_________

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 May 18, 2026.
877

MINUTE EXCERPT

GARDEN GROVE PLANNING COMMISSION
PUBLIC HEARING – PLANNED UNIT DEVELOPMENT NO. PUD-141-01(A), SITE PLAN NO. SP-107-2022 (REV. 2026), SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT

FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF TWINTREE AVENUE AND HARBOR BOULEVARD, AT 12241 HARBOR BOULEVARD, 12241 HARBOR BOULEVARD (APN: 231-471-06), 12261 HARBOR BOULEVARD (APN: 231-471-07), 12271 HARBOR BOULEVARD (APN: 231-471-08), 12291 HARBOR BOULEVARD (APN: 231-471-09), 12311 HARBOR BOULEVARD (APN: 231-471-10), 12321 HARBOR BOULEVARD (APN: 231-471-11), 12323 HARBOR BOULEVARD (APN: 231- 471-11), 12246 THACKERY DRIVE (APN: 231-471-18), 12252 THACKERY DRIVE (APN: 231-471-17), 12262 THACKERY DRIVE (APN: 231-471-16), 12282 THACKERY DRIVE (APN: 231-471-15), 12292 THACKERY DRIVE (APN: 231-471-14), 12312 THACKERY DRIVE (APN: 231-471-13), 12322 THACKERY DRIVE (APN: 231-471- 12), 12251 THACKERY DRIVE (APN: 231-471-19), 12261 THACKERY DRIVE (APN:
231-471-20), 12281 THACKERY DRIVE (APN: 231-471-21), 12291 THACKERY DRIVE (APN: 231-471-22), 12311 THACKERY DRIVE (APN: 231-471-23), 12321 THACKERY DRIVE (APN: 231-471-24), VACATED THACKERY DRIVE (APN: 231-471- 54), AND VACATED ALLEY (NO APN)
Applicant: KAM SONG CO., INC.

Date: May 7, 2026
Request: Pursuant to a Writ Of Mandate issued by the Orange County Superior Court in Marlene Perez Et Al. v. City Of Garden Grove et al., O.C.S.C.

Case No. 30-2022-01281816-CU-WM-CXC, the Planning Commission will consider a recommendation to the City Council to: (1) certify a Supplemental Environmental Impact Report (SEIR), adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings, including a Statement of Overriding Considerations; (2) approve revisions to the Conditions of Approval associated with Site Plan No. SP-107-2022; and (3) reapprove Planned Unit Development No. PUD-141-01(A) with modifications limited to the Planned Unit Development Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR for the previously approved Site B2 Project on 3.72 acres (Nickelodeon Resort Hotel).

The applicant’s representatives, John Hicks, addressed the Commission and answered questions. The applicant representative was asked if they had read and agreed with the Conditions of Approval, and they responded that they had.

Action: Resolutions No. 6133-26, 6134-26, and 6135-26 were approved.
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PUD-141-01(A), SP-107-2022 (REV. 2026)
The following members of the public spoke and expressed concerns about the project: Vanesa Cruz, Jake, Antonio Monanes, Greta Corona, Jamie Hall, Nathan Delgadila, Elizabeth Galindo, Teresa Garcia, Maria Mazaneges, Juan Munoz, and Tammi Ha.

The City received 94 letters of opposition.

One member of the public, Tony Velasquez, spoke on behalf of the Carpenters’ Union and expressed support for the project.

The City received 1 letter of support.

Motion: Beard Second: Lindsay
Ayes: (7) Ashland, Beard, Cueva, Flanders, Laricchia,
Lindsay, Ramirez
Noes: (0)

Absent: (0)
879
Channel Law Group, LLP
8383 Wilshire Blvd.

Suite 750
Beverly Hills, CA 90211
Phone: (310) 347-0050
Fax: (323) 723-3960
www.channellawgroup.com
JULIAN K. QUATTLEBAUM, III
JAMIE T. HALL *
CHARLES J. McLURKIN
GREGORY T. WITTMANN
*ALSO Admitted in Texas
Writer’s Direct Line: (424) 284-9669
[email protected] May 7, 2026

VIA ELECTRONIC MAIL

AND ELECTRONIC UPLOAD
Garden Grove Planning Commission
c/o Community Development Department
Planning Services Division
11222 Acacia Parkway
Garden Grove, California 92840
[email protected]
[email protected]
[email protected]
Re: Item C.1, May 7, 2026 Planning Commission Public Hearing — Site B-2 Hotel Project (Nickelodeon Hotel Resort) — Supplemental Comments and Objections to Final SEIR (SCH No. 2022060174); Findings of Fact and Statement of Overriding Considerations; PUD-141-01(A); Site Plan No. SP107-2022 (Rev. 2026) Dear Chair Ashland and Members of the Planning Commission:

This Firm represents UNITE HERE Local 11 (“Local 11”), the lead petitioner in Marlene Perez, et al. v. City of Garden Grove, et al., Orange County Superior Court Case No. 30-2022- 01281816-CU-WM-CXC, the litigation that produced the February 13, 2024 Stipulated Writ of Mandate (the “Writ”) the City now purports to satisfy through certification of the Final Supplemental Environmental Impact Report (the “Final SEIR”) for the Site B-2 Hotel Project (the “Project”).1 These supplemental comments are submitted in advance of the May 7, 2026 Planning 1 This letter is intended to provide a precise explanation of the City’s failure to proceed in the manner required by CEQA and to provide pre-suit notification, including notice under Public Resources Code § 21177 and notice for purposes of any further return on the Writ. The City may remedy these errors by directing staff to recirculate and reconsider the Project after full CEQA compliance is achieved. Local 11 will provide the City with a reasonable opportunity to correct these errors by not commencing further litigation for at least 14 days after the City’s final 880
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2 Commission hearing on Item C.1 and supplement the 27-page comment letter submitted by prior counsel Jordan R. Sisson on November 6, 2025 (the “November 6 Letter”), which Local 11 hereby incorporates by reference.2 For the reasons summarized below, Local 11 respectfully requests that the Planning Commission recommend that the City Council (1) not certify the Final SEIR; (2) direct staff to recirculate a revised Draft SEIR pursuant to CEQA Guidelines § 15088.5; and (3) deny the proposed reapproval of PUD-141-01(A) and the amendments to the conditions of approval for SP-107-2022 (Rev. 2026).

I. PDF-28 Is Illusory Mitigation and Cannot Support the Final SEIR’s VMT and GHG Findings.

The Final SEIR’s defense to nearly every substantive comment in the November 6 Letter rests on a brand-new project design feature, PDF-28, which states: “The Project amenities shall be available to registered hotel guests only. There will be no day passes allowed.” The City invokes PDF-28 by name in at least eleven separate responses (O2-2, O2-6 through O2-12, O2- 14, O2-20, O2-23) at Final SEIR pp. 2-39 to 2-52, asserting it is “not merely an analytical assumption.” It cannot bear that weight. PDF-28 was first introduced after the close of public review (Final SEIR Ch. 3 at p. 3-2; Findings p. 5), denying the public any opportunity to test it.

Save Our Peninsula Comm. v. Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99, 130-131. It is internally inconsistent with the very PUD the Commission is asked to recommend, which authorizes 17,715 sf of ballroom and meeting rooms, 22,296 sf of restaurants (600 seats), a 6,448 sf “Nick Studio” theater, a 5,480 sf “Studio Hall,” and 8,532 sf of retail (Staff Report p. 4) — all paradigmatic destination uses for which the Staff Report admits the City intends to seek future “alcoholic beverage” CUPs (Staff Report p. 6). The Final SEIR itself describes PDFs as “qualitative/supporting measures … no GHG reductions were taken from implementation of these measures” (Final SEIR Ch. 3 at p. 3-2; Findings p. 6) — making it impossible for PDF-28 to simultaneously be the quantitative basis for excluding day-visitor VMT and emissions. Lotus v.

Department of Transportation (2014) 223 Cal.App.4th 645, 656. Even assuming PDF-28 is incorporated into the MMRP and the conditions of approval (Final SEIR § 3.2.3), that does not make it enforceable mitigation under CEQA. The MMRP entry contains no definition of “day pass,” no performance standard, no monitoring methodology, and no sanction for non-compliance.

More fundamentally, the term “day pass” does not capture the mechanisms by which nonovernight visitors will actually access the Project — ticketed theater performances, contracted weddings and banquets, ABC-licensed events, restaurant patrons, and retail customers — all of which the PUD expressly authorizes by design. Because PDF-28 polices a category that is undefined and does not encompass the conduct that will in fact occur, it is precisely the kind of approval of the Project, without prejudice to the timeline for filing objections to a return on the Writ under Paragraph 4 thereof.
2 For purposes of Public Resources Code § 21167.6(e)(7), see Consolidated Irrigation District v. Superior Court (2012) 205 Cal.App.4th 697, 723. We expect all URL citations and all documents referenced in the November 6 Letter and herein to be included in the administrative record.
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3 “mere expression of hope” CEQA condemns. Nor is PDF-28 embedded in the DDA, so future operators over the Project’s 30-year life will not be contractually bound by it absent a recorded covenant or DDA amendment the City has not required. Lincoln Place Tenants Ass’n v. City of Los Angeles (2005) 130 Cal.App.4th 1491, 1508; Communities for a Better Environment v. City of Richmond (2010) 184 Cal.App.4th 70, 92. Finally, even if enforceable, PDF-28 caps only day visitors who are not registered hotel guests; it does not preclude the wedding, banquet, and theater audiences the PUD permits and that will routinely fill 17,715 sf ballrooms and 600-seat theaters with people other than the assumed 1,000 overnight guests.

II. The Final SEIR Adds Significant New Information Triggering Mandatory Recirculation.

Under CEQA Guidelines § 15088.5(a), recirculation is required when the lead agency adds, after public review, “a feasible project alternative or mitigation measure considerably different from others previously analyzed” or makes the Draft EIR “fundamentally and basically inadequate.” The Final SEIR introduces, among other things: (i) PDF-28 and PDF-29 — both new project design features; (ii) a substantially rewritten MM-GHG-1 imposing a new “Equipment Emissions Minimization Plan” framework and expanded electric-equipment list; (iii) a new performance standard in MM-GHG-7 requiring LEED Gold or Platinum, plus a new on-site lithium-ion battery energy storage system (500-1,000 sf) — never analyzed in the Draft SEIR for fire-safety, land-use, or life-cycle GHG implications; (iv) new MM-GHG-5 commitments to a dedicated electric shuttle, real-time transit information, and on-site transit pass purchase; (v) expanded MM-GHG-11 hotel-specific waste-reduction obligations covering some 15+ new operational requirements; (vi) a new Appendix A “Employee VMT Estimation Memorandum”; and (vii) a new April 2026 Updated Economic Development Report & Analysis (Staff Report Attachment 9) on which the proposed Statement of Overriding Considerations expressly relies (Findings pp. 41-42), but that was never circulated for public review. The Findings’ conclusory assertion that none of this is “significant new information” (Findings p. 5) is unsupported by substantial evidence and inconsistent with the changes themselves. Laurel Heights Improvement Ass’n v. Regents of Univ. of Cal. (1993) 6 Cal.4th 1112, 1131.

III. The Final SEIR Does Not Satisfy the Stipulated Writ.

Paragraph 1 of the Writ requires the City to (a) prepare a focused review of VMT and GHG impacts, (b) assess whether modifications are needed to the Approvals, and (c) approve, approve with modifications, or deny the PUD in open session at City Council. Paragraph 1(b) is independent of (a) and demands a substantive assessment of the Approvals (including the DDA, PUD building height, allowed square footages, and the 528 parking spaces) in light of the focused CEQA findings — including the newly disclosed significant and unavoidable GHG impact of The Final SEIR and Findings nowhere disclose whether the City actually performed that assessment. To the extent the City contends it did, it has not adequately explained its reasoning or conclusions: there is no discussion of whether the building height, the 528 parking spaces, the PUD-authorized maximum square footages of the public-facing commercial uses, the absence of 882
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4 any affordable-housing component in the DDA, or any other element of the Approvals warrants modification in light of the focused CEQA findings. The Staff Report’s bare statement that “[t]he approved project design is not changing” (Staff Report p. 6) is the conclusion of an undisclosed analysis, not the substantial-evidence-supported product of a Paragraph 1(b) assessment. Had the City performed a proper assessment, it would have concluded that modifications to the Approvals are needed — including, at a minimum, a recorded covenant or DDA amendment binding future operators to PDF-28’s no-day-pass restriction, a corresponding reduction or restructuring of the PUD-permitted square footages of public-facing commercial uses to align with that restriction, and reduction or unbundling of the 528 parking spaces consistent with the City’s own VMT Guidelines.

The Court has retained jurisdiction under Public Resources Code § 21168.9(b), and Local 11 will object to any return on the Writ that fails to demonstrate Paragraph 1(b) compliance.

IV. The VMT Analysis Rests on Inconsistent Inputs and Lacks Substantial Evidence.

The City admits that it used a lower 691,693 sf building area for the VMT analysis than the corrected 718,919 sf used for GHG analysis (Final SEIR Responses to Comments O2-7, O2- 22 at pp. 2-40, 2-49) and characterizes the discrepancy as “conservative.” It is not. Applied consistently to the correct 718,919 sf, the SANDAG ratio yields 464 employees, not 446. The City’s response also fails meaningfully to address the November 6 Letter’s point that the SANDAG ratio cannot be applied to a 301,686 sf parking garage as if it employed 1 person per 1,550 sf. These errors are not academic, even where the City has already concluded that VMT exceeds the threshold. The magnitude of the unmitigated impact determines the magnitude of mitigation required, and the same inputs flow through CalEEMod into the GHG analysis and the carbon-offset calculation under MM-GHG-15 (see Final SEIR Resp. to Cmt. O2-9 at p. 2-42), so the errors infect both analyses. The unmitigated VMT-per-employee of 15.3 against a 14.6 threshold, and the claimed “4.88% reduction” against a “4.25% required reduction” (Findings p. 11), is well within the noise of these methodological errors. The claimed compliance has only a

0.63-percentage- -per-employee is
higher than 15.3 — because the actual employee count is lower, or because the building-squarefootage and parking-garage inputs above are corrected — the required reduction is higher than

4.25% and MM-TRA-1 and MM-TRA-2 may not bring the impact below significance. Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, 442 [substantial-evidence requirement].

V. Carbon Offsets (MM-GHG-15) Do Not Reduce GHG Impacts Below Significance.

The Findings concede that even with MM-GHG-15, GHG impacts remain “significant and unavoidable” because of “uncertainty regarding the future availability of carbon offset credits” (Final SEIR p. 2-60; Findings pp. 22-31). That concession triggers an obligation to identify additional, feasible, on-site mitigation measures — including the additional CAPCOA measures (T-5/T-6 mandatory CTR, T-9 100% transit subsidy, T-11 vanpool, T-13 parking cash-out, T-38 first/last mile TNC, T-44 shuttle) identified in the November 6 Letter — that the City did not impose. MM-GHG-15 itself lacks a price floor, additionality safeguard, or contingency for registry 883
Garden Grove Planning Commission
May 7, 2026
5 de-listing, in tension with Golden Door Properties, LLC v. County of San Diego (2020) 50 Cal.App.5th 467.

VI. The Alternatives Analysis Is Legally Deficient.

The Findings adopt as a Project objective “[d]evelop a facility of sufficient size and with sufficient amenities to attract a partnership with a national or international theme park franchise” (Findings p. 8) — an objective so narrow it defines away every alternative. In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings (2008) 43 Cal.4th 1143, 1166; Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565-566. The Final SEIR rejects the November 6 Letter’s mixed-use alternative on the ground that the site would be “entirely consumed” by the proposed 500-room hotel (Final SEIR p. 2-54) — answering only whether the same hotel can coexist with housing, not whether a smaller hotel combined with affordable housing on a portion of the site would attain most of the Project’s objectives. The City itself acknowledges that residential uses on this site would have lower GHG and VMT impacts (Findings p. 32) and that the City has met only 1.15% of its sixth-cycle affordable housing allocation (Nov. 6 Letter at p. 17), making the “preserves housing elsewhere” rationale illusory.

VII. The Statement of Overriding Considerations Is Unsupported.

The proposed SOC (Findings pp. 40-42) relies on the never-circulated April 2026 Updated Economic Report — itself a recirculation trigger; on a paradoxical claim that a project generating 21,914 VMT/day “Reduce[s] Vehicle Miles Traveled”; and on an incoherent “preserves housing” theory that depends on actual development of housing the City has demonstrably failed to produce.

CEQA Guidelines § 15093(a) permits the City to balance benefits against unavoidable risks only after applying all feasible mitigation — a precondition not satisfied here. Sierra Club v. Contra Costa County (1992) 10 Cal.App.4th 1212, 1222-1223; Cleveland National Forest Foundation v.

San Diego Association of Governments (2017) 3 Cal.5th 497, 519.

VIII. Conclusion and Reservation of Rights.

Local 11 respectfully requests that the Commission recommend that the Council not certify the Final SEIR, recirculate a revised Draft SEIR, and deny the proposed PUD reapproval and conditions-of-approval amendments until full CEQA compliance is achieved. Local 11 reaffirms and incorporates by reference all arguments raised in the November 6 Letter and expressly preserves all objections under Public Resources Code § 21177(b) and Paragraph 4 of the Writ.3 3 This letter does not waive any objection or argument Local 11 may have regarding the Project, the Final SEIR, the Findings, the SOC, the proposed reapproval of PUD-141-01(A), the amendments to the conditions of approval for SP-107-2022 (Rev. 2026), the DDA, or any future entitlement related to the Project.
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Garden Grove Planning Commission
May 7, 2026
6 Thank you for your consideration. I may be reached at [email protected] or (424) 284-9669 with any questions.

Sincerely,
Jamie T. Hall
Cc: Monica Covarrubias, Senior Project Manager ([email protected]) Maria Parra, Planning Services Manager ([email protected]) Priit Kaskla, AICP, Senior Planner ([email protected])
Encls.:(1) Comment Letter on Draft SEIR (November 6, 2025) (2) Stipulated Writ of Mandate (February 13, 2024)
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Channel Law Group, LLP
May 7, 2026
Item C.1, May 7, 2026 Planning Commission Public Hearing — Site B-2 Hotel Project (Nickelodeon Hotel Resort) — Supplemental Comments and Objections to Final SEIR (SCH No. 2022060174); Findings of Fact and Statement of Overriding Considerations; PUD-141-01(A); Site Plan No. SP107-2022 (Rev. 2026) (1) Comment Letter on Draft SEIR (November 6, 2025)
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November 6, 2025
VIA EMAIL:

Monica Covarrubias, Senior Project Manager
City of Garden Grove, Economic Development and Housing Department 11222 Acacia Parkway
Garden Grove, California 92507
[email protected]
RE: SEIR COMMENTS (SCH NO. 2022060174); SITE B-2 HOTEL PROJECT Dear Ms. Covarrubias:
, this office respectfully provides the
following comments1 to the City of Garden Grove City regarding the Supplemental Environmental Impact - on an approximately 3.72-acre property located at the northwest corner of Harbor Boulevard and Local 11 was a petitioner in the referenced litigation (i.e., Perez et al. v.

City of Garden Grove et al.) (See SEIR Appendix B.)
As explained in the sections below, the SEIR and mitigation monitoring reporting program SEIR should be revised to address the following areas of concern: disclosure of project components, possibly imprecise assumptions about hotel
respectively), the alternative analysis should have included a housing alternative (infra section D), the need for additional/modified MMRP, including additional strategies among other recommendations (infra section E).

The recommendations included herein would address potential inconsistencies with relevant goals and objectives identified mitigation strategies recommended by the and various
policies and recommendations contained in the Southern California Association of Governments (also
known as Connect SoCal) and the . Therefore, the recommendations are relevant to the potential overriding considerations that the City may adopt in its evalu
Local 11 thanks the City for the opportunity to provide the following comments and respectfully requests that the SEIR and MMRP be revised to address the points raised below. / / / 1 -
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SEIR Comments RE: B-2 Hotel Project
November 6, 2025

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Garden Grove City CouncilJune 9, 2026

Garden Grove City Council
June 9, 2026