GARDEN GROVE CITY COUNCIL
RESOLUTION NO. ____-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE CONTINGENTLY APPROVING SITE PLAN NO. SP-168-2026, AND VESTING TENTATIVE TRACT MAP NO. TT-19447, AND REVOKING CONDITIONAL USE PERMIT NOS. CUP-114-81 AND CUP-554-01, FOR A PROPERTY LOCATED ON THE SOUTHEAST CORNER OF RUSSELL AVENUE AND KERRY STREET, AT 9822 RUSSELL AVENUE (ASSESSOR'S PARCEL NO. 098-081-19).
WHEREAS, Chad Brown of Melia Homes, Inc., the applicant, submitted a request to develop a 1.8-acre site with a new multiple-family residential project consisting of twenty-six (26) attached condominiums, along with associated site improvements, on a property located on the southeast corner of Russell Avenue and Kerry Street, at 9822 Russell Avenue, Assessor's Parcel No. 098-081-19 (the “Property”); and
WHEREAS, the applicant has requested the following approvals to facilitate the proposed development: (i) a General Plan Amendment to change the Land Use Designation of the subject property from LDR (Low Density Residential) to LMR (Low Medium Residential); (ii) a Zoning Map Amendment to re-zone the subject property from R-1 (Single-Family Residential) to residential Planned Un it Development No.
PUD-020-2026 with an R-2 (Limited Multiple Residential) base zone; (iii) a residential Planned Unit Development to establish standards of development to facilitate the development of the Project; (iv) a Site Plan to construct twenty -six (26) two-story townhomes and associated site improvements; and (v) a Vesting Tentative Tract Map to create a one -lot subdivision for the purpose of selling each dwellin g unit as a condominium. In addition, revocation of Conditional Use Permit Nos. CUP -114-81 and CUP-554-01 which previously allowed for the operation of an elementary school, and operation of a wireless facility, respectively, on the subject property, is proposed (collectively, the “Project”); and
WHEREAS, the project site is comprised of a parcel with a combined area of approximately 1.8 acres, and is located on southeast corner of Russell Avenue and Kerry Street; and
WHEREAS, the Property currently has a General Plan Land Use Designation of Low Density Residential ( LDR), and is currently zoned R-1 (Single-Family Residential); and
WHEREAS, the Property abuts R-1 zoned properties to the south and west, across Kerry Street, R-1 and R-2 (Limited Multiple Residential) zoned properties to the north, across Russell Avenue, and O -S (Open Space) zoned properties to the east; and
WHEREAS, the proposed development would feature twenty-six (26) two-story attached condominium units, with each unit consisting of three (3) or four (4) Garden Grove City Council
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bedrooms, and three (3) bathrooms, an attached two-car garage, and a front porch; and associated site improvements; and
WHEREAS, the Project has been designed to comply with the implementation provisions and standards of development for Planned Unit Development No.
PUD-020-2026, as set forth in Planning Commission Resolution No. 6139-26, and the Development Standards of the R -2 base zone set forth in Section 9.12.040 of the Garden Grove Municipal Code; and
WHEREAS, following a public hearing held on May 21, 2026, the Garden Grove Planning Commission adopted: (i) Resolution No. 6138-26 recommending the Garden Grove City Council adopt a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project; (ii ) Resolution No. 6139-26 recommending the Garden Grove City Council approve General Plan Amendment No. GPA -001-2026, Amendment No. A -046-2026 and Planned Unit Development No. PUD-020-2026; and (iii) Resolution No. 6140-2026 recommending the Garden Grove City Council approve Site Plan No. SP -168-2026 and Vesting Tentative Tract Map No. TT-19298, subject to specified Conditions of Approval, and revoke Conditional Use Permit Nos. CUP-114-81 and CUP-554-01.
WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Mitigated Negative Declaration was held by the City Council on June 23, 2026, and all interested persons were given an opportunity to be heard; and
WHEREAS, concurrently with the adoption of th is Resolution, the City Council took the following actions: (a) adopted Resolution No. ____-26, adopting a Mitigated Negative Declaration and the associated Mitigation Monitoring and Reporting Program for the Project ; (b) adopted Resolution No. ____ -26, approving General Plan Amendment No. GPA-001-2026 to change the General Plan Land use designation of the subject parcel from Low Density Residential (LDR) to Low Medium Density Residential (LMR); and (c) introduced and conducted the first reading of Ordinance No. ____-26 approving Amendment No. A-046-2026 and Planned Unit Development No. PUD-020-20226 to rezone the property and establish standards of development for the Project; and
WHEREAS, the City Council gave due and careful consideration to the matte r during its meeting of June 23, 2026, and considered all oral and written testimony presented; and
WHEREAS, the City Council of the City of Garden Grove hereby makes the following findings regarding Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447.
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.
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Resolution No. ____-26
2. City Council Resolution No. ____ -26 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.
3. The City Council of the City of Garden Grove hereby incorporates by reference the findings and reasons made in Planning Commission Resolution No. 6140-26, and makes the following findings regarding Site Plan No. SP-168-2026:
A. The proposed development project is consistent, in compliance, and conformity with the applicable, objective standards, provisions, conditions or requirements of the General Plan, Title 9, or other applicable ordinances or policies of the City.
B. The provisions of the California Environmental Quality Act have been complied with.
C. The proposed development project does not have specific, adverse impacts, as defined in subdivision (j)(1)(A) of Government Code Section 65589.5, on public health and safety without any feasible method to satisfactorily mitigate or avoid the specif ic adverse impact, other than the disapproval of the proposed project.
4. The City Council of the City of Garden Grove hereby incorporates by reference the findings and reasons made in Planning Commission Resolution No. 6140-26, and makes the following findings regarding Vesting Tentative Tract Map No.
TT-19447:
A. That the proposed map is consistent with the General Plan.
B. That the design and improvement of the proposed subdivision is consistent with the General Plan.
C. That the site is physically suitable for the proposed type of development.
D. That the requirements of the California Environmental Quality Act have been satisfied.
E. That the site is physically suitable for the proposed density of the development.
F. That the design of the subdivision and the proposed improvements are not likely to cause serious public health problems.
G. That the design of the subdivision and the proposed improvements will not conflict with easements of record or easements established by court Garden Grove City Council
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judgment acquired by the public at large for access through or use of property within the proposed subdivision; or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public.
H. That the design and improvement of the proposed subdivision are suitable for the uses proposed, and the subdivision can be developed in compliance with the applicable zoning regulations.
I. That the design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision.
J. That the design, density and configuration of the subdivision strikes a balance between the effect of the subdivision on the housing needs of the region and of public service needs.
K. That the that the character of the subdivision is compatible with the design of existing structures and lot sizes of the subdivision are substantially the same as the lot sizes within the general area.
L. The subject property is not located within a state responsibility area or a very high fire hazard severity zone, the propose d subdivision is served by local fire suppression services, and the proposed subdivision meets applicable design, location, and ingress-egress requirements.
M. The discharge of waste from the proposed subdivision into the existing sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The conditions of approval for on and off-site improvements will ensure permitted capacity of the public sewer system is not exceeded.
5. The Site Plan and Vesting Tentative Tract Map possess characteristics that justify the request in accordance with Sections 9.60.020 (Review of Housing Development Projects) and 9.40.060 (Tentative Maps) of the Garden Grove Municipal Code.
6. Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447 are hereby approved, and Conditional Use Permit Nos. CUP-114-81 and CUP-554-01 are revoked, subject to and contingent upon the adoption and effectiveness of a Resolution approving General Plan Amendment No. GPA-001-2026, and an ordinance approving Zoning Map Amendment No. A-046-2026 and Planned Unit Development No. PUD-020-2026 by the Garden Grove City Council.
7. In order to fulfill the purpose and intent of the Municipal Code and thereby promote the health, safety, and general welfare, the attached Conditions of Approval (Exhibit “A”) shall apply to Site Plan No. SP -168-2026 and Vesting Tentative Tract Map No. TT-19447.
Garden Grove City Council
Resolution No. ____-26
EXHIBIT “A”
Site Plan No. SP-168-2026 & Vesting Tentative Tract Map No. TT-19447
9822 Russell Avenue
CONDITIONS OF APPROVAL
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, within thirty (30) days of approval. This Conditional Use Permit runs with the land and is binding upon the property owner, his/her/its heirs, assigns, and successors in interest. The applicant understands and agrees that its agreement to adhere to and implement these Conditions of Approval is consideration for the City Council’s determination to approve General Plan Amendment No.
GPA-001-2026, Zoning Amendment No. A -046-2026, and Planned Unit Development No. PUD -020-2026 to change the land use designation and zoning of the subject site to facilitate the applicant’s proposed development project.
2. All Conditions of Approval set forth herein shall be binding on and enforceable against each of the following, and whenever used herein, the term “applicant” shall mean and refer to each of the following: the project applicant, Melia Homes, Inc., the current property owner, Iglesia de Cristo de Restauracion, the future owner(s) and tenants(s) of the property, and each of their respective successors and assigns. The applicant and subsequent owner of the property shall adhere to the conditions of approval for the life of the project, regardless of property ownership. Except for minor modifications authorized to be approved by the Community Development Director pursuant to Condition No. 4, any changes of the Conditions of Approval require approval by the appropriate City hearing body.
3. Site Plan No. SP -168-2026 only authorizes the development of a twenty-six (26) unit, attached townhomes, as depicted on the plans submitted by the applicant and made a part of the record of the May 21, 2026 Planning Commission proceedings and the June 23, 2026, City Council proceedings, subject to these Conditions of Approval . Vesting Tentative Tract Map No. 19447 authorizes the creation of a one-lot subdivision for the purpose of selling each unit as condominium, as depicted on the vesting tentative tract map submitted by the applicant and made a part of the record of the May 21, 2026 Planning Commission proceedings and the June 23, 2026 City Council proceedings, subject to these Conditions of Approval. Approval of this Site Plan and Vesting Tentative Tract Map shall be contingent upon approval of General Plan Amendment No. GPA -001-2026, Zoning Amendment No.
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A-046-2026, and Planned Unit Development No. PUD-020-2026, and shall not be construed to mean any waiver of applicable and appropriate zoning and other regulations; and wherein not otherwise specified, all requirements of the City of Garden Grove Municipal Code shall apply.
4. The approved plans are an integral part of the decision approving this Conditional Use Permit. Minor mo difications to the approved site plan, floor plan, and/or these Conditions of Approval may be approved by the Community Development Director, in his or her discretion. Proposed modifications to the approved floor plan, site plan, or Conditions of Approval that would result in the intensification of the project or create impacts that have not been previously addressed, and which are determined by the Community Development Director not to be minor in nature shall be subject to approval of new and/or amended land use entitlements by the applicable City hearing body.
5. All conditions of approval shall be implemented at the applicant’s expense, except where specified in the individual condition.
Engineering Division
Project Design
6. A geotechnical study prepared by a registered geotechnical engineer must be submitted to the City and approved by the City Engineer prior to the issuance of grading or building permits. The report shall analyze the liquefaction potential of the site and make recommendations. The report shall analyze sub-surface issues related to the past uses of the site, including sub -surface tanks, basements, 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 storm water runoff, including potential infiltration alternatives, soil compaction, saturation, permeability , and groundwater levels. The applicant shall implement the recommendations identified in the geotechnical study / report.
7. Prior to the issuance of any grading or building permits, the applicant shall submit to the City for review and approval a final design Water Quality Management Plan (WQMP) that:
a. Addresses required mitigation Site Design Best Management Practices (BMPs) based upon the latest Santa Ana Regional Water Quality Control Board (SARWQCB) approved Drainage Area Management Plan (DAMP), Garden Grove City Council
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as identified in the geotechnical report recommendations and findings, including, but not limited to, infiltration minimizing impe rvious 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 sha ll be sized per the requirements of the latest Technical Guidance Documents.
c. Incorporates the applicable Routine Source Control BMPs as defined in the DAMP.
d. Incorporates structural and Treatment Control BMPs as defined in the DAMP.
e. Generally describes the long -term operation and maintenance requirements for the Treatment Control BMPs.
f. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs.
g. Describes the mechanism for funding the long -term o peration 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.
8. Parkway culverts shall be designed per Ci ty of Garden Grove Standard Plan B-209. Storm drain lateral pipe connections to City-maintained storm drains within City rights-of-way shall be RCP with a minimum diameter of 18 inches (1’-6”).
9. Grading plans prepared by a registered Civil Engineer are required. As required under Section 107 of the California Building Code (CBC), the grading plan shall be based on a current survey of the site, including a boundary survey, topography on adjacent properties up to thirty feet (30’ -0”) outside the boundary, and designed to preclude cross lot drainage. Minimum grades shall be 0.50% for concrete flow lines and 1.25% for asphalt. The grading plan shall also include water and sewer improvements. The grading plan shall include a coordinated utility plan showing all existing utility facilities, easements , and proposed utility facilities. All on-site improvements shall be tied by horizontal dimensional control to the property boundary , as established by the survey.
A minimum uninterrupted twenty-foot (20’-0”) wide throat access to the site is required from the street for the project, and shall meet the requirements of the California Fire Code throughout the site. Vehicle maneuvering, as Garden Grove City Council
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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 and Specifications.
10. All vehicular access drives to the site shall be provided in locations approved by the City Traffic Engineer. (Policies and Procedures – TE-17)
11. The applicant shall coordinate with the Planning Services Division and Orange County Fire Authority (OCFA) to identify proper emergency vehicle acces s 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.
12. The applicant shall complete the following for the tract map:
a. Prior to recordation of a final tract map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code, and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City on AutoCad DWG format.
b. Prior to recordation of a final tract map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital graphic file of said map in a manner described in Sections 7 -9-330 and 7 -9-337 of the Orange County Subdivision Code , and Orange County Subdivision Manual, Subarticle 18. The surveyor/engineer shall submit record information to the City on AutoCad DWG format.
c. Prior to issuance of a grading permit, the applicant shall submit to the Engineering Division an updated title report along with copies of the recorded instruments listed in the title report, reference maps used to prepare legal description, and the plat for review and approval of the parcel map.
d. All subdivision mapping shall be concurrently reviewed by the City Engineering Division and the County of Orange Survey Department. The applicant shall forward all plan check comments received from the County of Orange Survey Department to the City of Garden Grove’s Engineering Division upon receipt from the county.
13. Any new drive approaches to the site shall be constructed in accordance with Garden Grove Standard B -121 as they conform to land use and roadway designation.
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14. 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.
15. All trash container areas shall meet the following requirements per City of Garden Grove Standard B-502, State-mandated commercial organic recycling law, including AB 1826, SB 1383 and its implementing regulations, and any other applicable State recycling laws related to refuse, recyclables, and/or organics:
a. The trash container areas shall be p aved 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. The trash container areas shall provide a solid roof or awning to prevent direct precipitation into the enclosure.
c. The 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 the 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 Garden Grove City Council
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solid waste (MSW), recyclables, and organic green waste, including any other type of waste.
i. The applicant shall ensure large bulky 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 in public rights-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), 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).
16. Any new or required block walls and/or retaining walls shall be shown on the grading plans, both in plan-view and cross-sections. Cross-sections shall show vertical and horizontal relations of improvements (existing and proposed) on both sides of property lines. Required wall heights shall be measured vertically from the highest adjacent finished grade. Block walls shall be designed in accordance to City of Garden Grove Standard B-504, B-505, B-506, and B-508, or designed by a professional registered engineer. In addition, the following shall apply:
a. The color and mate rial of all proposed block walls, columns, and any other 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.
17. The applicant shall remove any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Russell Avenue frontage improvements as identified below. All landscape, irrigation, sidewalk, and lighting improvements installed within the public right- of-way shall require the approval of the City Engineer, Street Division, and Planning Services Division, and shall be maintained by the applicant (and/or Homeowner’s A ssociation, once formed) for the life of the project.
a. The existing substandard driveways on Russell Avenue shall be removed and replaced with a new curb, gutter, landscape, and sidewalk per City standards and specifications.
b. The n ew driveway approach to the site on Russell Avenue shall be constructed in accordance with Garden Grove Standard B-120.
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c. The applicant shall install red curb near the driveway approach on Russell Avenue per the approved site plan.
d. The applicant shall remove the existing improvements fronting the project on Russell Avenue, and construct new five -foot (5’ -0”) wide sidewalk panels in accordance with City of Garden Grove Standard B-105. The applicant or the applicant’s contractor(s) shall verify the placement limits of sidewalk concrete panels with the public works inspector prior to start of construction.
e. The applicant shall construct the curb and gutter when replacing any existing driveway approaches along the property frontage on Russell Avenue in accordance with City Standard Plan B-114.
f. 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.
g. The applicant shall coordinate with the P lanning Services Division and Public Works Department, Street Division before placing any type of tree within the public right-of-way and proposed landscape area.
h. The applicant shall remove and reconstruct the southerly existing ADA ramp per Caltrans Standard No. A88A or A88B on Russell Avenue near the traffic signal, if required, to ensure proper accommodation of the new driveway radial wing.
i. Street signs shall be installed as required and approved by the City Traffic Engineer.
18. The applicant shall remo ve any existing substandard driveway approaches, curbs, sidewalks, ADA ramps, pavement sections, tree well and landscaping, and construct Kerry Street frontage improvements as identified below. All landscape, irrigation, sidewalk, and lighting improvements installed within the public right-of-way shall be maintained by the applicant and shall require the approval of the City Engineer, Street Division, and Planning Services Division.
a. The existing substandard driveway on Kerry Street shall be removed and replaced with new rolled curb/gutter, landscape, and sidewalk per City standards and specifications.
b. Two (2) new wheelchair ramps and landings shall be constructed per the latest Caltrans Standard Plan No. A88A at the southwest and southeast corners of Russell Avenue and Kerry Street.
c. The applicant shall remove all existing landscaping and improvements along the project frontage on Kerry Street, and replace them with new five-foot (5’-0”) wide sidewalk panels. The new sidewalk shall provide Garden Grove City Council
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a continuous connection to the proposed ADA ramp , and the existing sidewalk at the southeast corner of Russell Avenue and Kerry Street, in accordance with City of Garden Grove Standard B-105.
d. 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.
e. The applicant shall coordinate with the Planning Services Division and Public Works Street Division before placing any type of tree within the public right-of-way and proposed landscape area.
f. Street signs shall be installed as required and approved by the City Traffic Engineer.
19. Any proposed new landscaping in the pub lic rights-of-way shall be approved by the Planning Services Division and maintained by the applicant/property owner(s).
20. Driveway widths shall be in accordance with City’s Traffic Engineering Policy TE-8 (Driveway Opening Policy).
21. Sight Distance Standards shall be in accordance with City’s Traffic Policy & Procedures TE-13. All structures and walls shall be designed to ensure proper vision clearance for cars entering or leaving the driveway and parking areas.
No structure, wall or fence shall cause an exceedance of the applicable site distance standards set forth in City Traffic Engineering Policy TE-13.
22. The Site Plan shall comply with the completed Development Review and Comment Sheet prepared pursuant to the City’s Traffic Policy & Procedures TE-17 and provided to the applicant.
23. Private Property Tow Away Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-19.
24. No Parking Fire Lane Sign Design shall be in accordance with City’s Traffic Policy & Procedures TE-20.
25. Parking lot layout shall be in accordance with City Standards B-311 and B-312.
26. Off-street parking requirements for residential uses shall be in accordance with the parking provisions in the Standards of Development for Planned Unit Development No. PUD-020-2026 and the City of Garden Grove’s Traffic Policies and Procedures TE-17 Development Review and Comments Sheet.
Permit Issuance
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27. 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 and Garden Grove Council Resolution No. 9401-01 (or successor Resolution(s)) of the Garden Grove Municipal Code, along with all other applicable fees duly adopted by the City. Except as otherwise provided pursuant the Garden Grove Municipal Code or State law, the amount of said fees shall be calculated based on the City’s current fee schedule at the time of permit issuance.
28. A separate street permit is required for work performed within public rights- of-way.
29. Grading fees shall be calculated based on the current fee schedule at the time of grading permit issuance.
30. 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 shall be parked off traveled roadways in a designated parking area. Parking areas, whether on- or off-site, shall be included and covered by the erosion control plans.
31. 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 the public rights- of-way, which shall be subject to the review and approval of the City Traffic Engineer. Construction vehicles should be parked off traveled roadways in a designated parking area. Parking areas, whether onsite or offsite, shall be included and covered by the erosion control plans.
Parking areas, whether onsite or offsite, shall be included and covered by the erosion control plans and the Storm Water Pollution Prevention Plan (SWPPP).
Project Construction/Operation
32. The applicant shall coordinate with City’s Public Works Department (Engineering, Water Services, and S treets Divisions) to set up appointments for preconstruction inspections for all on- and off-site improvements, prior to commencement of grading operation and mobilization.
33. In accordance with the Orange County Storm Water Program manual, the applicant shall provide dumpsters on-site during construction, unless an Encroachment Permit is obtained for placement in the street.
34. The applicant 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 re-setting, the applicant shall, prior to any construction work, and under the supervision of a California- licensed Land Surveyor, Garden Grove City Council
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establish sufficient temporary ties and benchmarks to enable the points to be reset after completion of construction. Any ties, monuments and benchmarks disturbed during construction shall be reset per Orange County Surveyor Standards after construction. The a pplicant shall also re -set the tie monuments where curb or curb ramps are removed and replaced, or new ramps are installed. The applicant shall be liable for, at their expense, any resurvey required due to their 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).
35. 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.
36. Prior to grading or building permit closeout and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall:
a. Demonstrate that all structural best management practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
b. Demonstrate that the applicant is prepared to implement and maintain all non-structural BMPs described in the Project WQMP.
c. Demonstrate that an adequate number of copies of the approved Project WQMP are available on-site.
d. Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMPs.
e. Submit copies of the latest plans for coordination of design elements for drainage, access and utilities relation to proposed air space layouts and locations.
f. CC&R’s shall be submitted to the Engineering Division for concurrent review and coordination with the design plans for all improvements, including their maintenance, required easements, and processing of design changes proposed by owners and associations encumbered by the CC&R’s.
Water Services Division
37. New water service installations two inches (0’-2”) and smaller shall be installed by the City of Garden Grove at the applicant’s expense. Installation shall be scheduled upon payment of applicable fees, unless otherwise noted. Fire Garden Grove City Council
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services and larger water services three inches (0’ -3”) and larger shall be installed by applicant’s contractor(s) per City Standards.
38. Water meters shall be located within the City right-of-way, or within dedicated waterline easement. Fire services and large water services three inches (0’-3”) and larger, shall be installed by contractor with a Class A or C-34 license, per City water standards, and inspected by approved Public Works inspection.
39. Public water system within private streets shall be constructed per City Standards by developer and dedicated to the City. Bonding will be required.
40. If a master water meter for a private water system is proposed for the development, and individual fire sprinkler systems for the units are required, then a separate fire service connection shall also be required. The separate fire service and any private fire hydrant laterals 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 certi fied backflow device tester, and the results to be submitted to the Public Works Department, Water Services Division. Device shall be on private property and is the responsibility of the applicant . The above -ground assembly shall be screened from public view as required by the Planning Services Division.
41. A Reduced Pressure Principle Device (RPPD) backflow prevention device shall be installed for meter protection, should a large master meter serving multiple units be proposed. 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. Applicant/property owner(s) shall have RPPD device tested once a year thereafter by a certified backflow device tester, and the test results to be submitted to the Public Works Department, Water Services Division. Applicant/property owner(s) shall open a water account upon installation of RPPD device.
42. It shall be the responsibility of applicant to abandon any existing private water well(s) per Orange County Health Department requirements.
Abandonment(s) shall be inspected by Orange County Health Department inspector after permits have been obtained.
43. A composite utility site plan shall be part of the grading plan set, which shall be submitted to both the Engineering Division and Water Services Division for review and approval.
44. There shall be a minimum fifteen- foot (15’-0”) clearance of building footings from water main. Clearances less than fifteen feet (15’-0”) shall be reviewed and approved by Water Engineering.
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45. There shall be no structures or utilities built on, or crossing, water or sewer main easements.
46. New utilities shall have a minimum five-foot (5’-0”) horizontal and a minimum one-foot (1’-0”) vertical clearance from water main and appurtenances.
47. There shall be a minimum clearance from sewer main and water main of ten feet (10’-0”) from outside of pipe to outside of pipe.
48. Any existing water services are to be abandoned at the main with repair clamps or couplings.
49. Any new or existing water valve located within new concrete driveway or sidewalk construction shall be reconstructed per City Standard B-753.
50. The City shall determine if existing water services(s) is/are usable and meets current City Standards. Any existing meter and service located wi thin new driveway(s) shall be relocated at applicant’s expense.
51. If a fire sprinkler system is required, and individual water meters and services are proposed off the public water main, meters and services shall be installed per City Standard B-719, which specifies a residential fire sprinkler connection (RFSC) on the backside of the meter. The Fire Sprinkler System design shall be a Passive Purge type system.
52. No permanent structures, trees or deep- rooted plants shall be placed over sewer main or water main.
53. The location and number of fire hydrants shall be as required by the Water Services Division and the Orange County Fire Authority (OCFA).
54. The applicant shall abandon any existing unused sewer lateral(s) at the street right-of-way on the applicant’s side. The sewer pipe shall be capped with an expansion sewer plug and encased in concrete. Only one sewer connection per lot is allowed.
55. Applicant shall install a new private sewer main with clean out at right-of-way line, and laterals on- site. The sewer main connection in the public right- of- way shall be a minimum six -inch (0’-6”) diameter, extra strength VCP with wedgelock joints, and inspected by the Garden Grove Sanitary District. All on- site sewer and appurtenances to be installed per the California Plumbing Code, and inspected by the Building Service Division.
56. All perpendicular crossings of the sewer, including laterals, shall maintain a vertical separation of minimum one -foot (1’-0”) below the water main, outer diameter to outer diameter. All exceptions to the above require a variance from the State Water Resources Control Board.
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57. If the water main is exposed during installation of sewer lateral, a twenty-foot (20’-0”) section of the water main shall be replaced with twenty feet (20’ -0”) PVC C-900 D R-14 Class 305 water pipe, size in kind, and centered at the crossing.
Orange County Fire Authority
58. The applicant shall comply with all applicable Orange County Fire Authority (OCFA) requirements. T he applicant shall submit the plans listed below to OCFA for review. Approval shall be obtained on each plan prior to the event specified:
a. Prior to OCFA approval of the final tract map or precise grading permit:
i. Fire Master Plan – Service Code PR145
ii. Gates (if applicable) – Service Code PR180
iii. Alternate Methods and Materials (AM&M) (if applicable) – Service Code PR910
b. Prior to the issuance of a building permit:
i. Architectural – Service Codes PR200-PR465
ii. Underground piping for private hydrants and fire sprinkler systems – Service Codes PR470-475
iii. Fire sprinkler system – Service Codes PR400-465
c. Prior to concealing interior construction:
i. Fire alarm system (if applicable) – Service Codes PR500 – PR520
Building and Safety Division
59. All work shall comply with the latest edition of the California (CA) Building Standards Code (CBC) at time of permit application.
60. The project shall be subject to building permit plan check review by the Building and Safety Division, and shall illustrate compliance with all locally - adopted codes and ordinances, as well as applicable State statutes and regulations.
61. Terms and Conditions of the Covenants, Conditions, and Restrictions (CC&Rs) shall be incorporated onto the construction plans for reference on how common areas, drainage, site improvements, access and maintenance will affect units.
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62. The project shall comply with CBC Chapter 11- A Access Regulations unless publicly funded, then 11B-233 would apply.
63. If being used as an Exit Court along eastern property line , an opening protection or setback clearance to the property line shall be provided, per CBC Section 1029.
64. Townhouses, as defined in the California Residential Code (CRC), do not allow plumbing or mechanical ducts in demising walls per CRC Section 302.2.2.
a. As an alternate design to avoid townhome demising wall limitations, the CBC may be used to separate dwellings as R -2 occupancies, or as R- 3 occupancies for every other unit with firewalls.
65. The trellis breezeways between buildings shall require seismic isolation or be structurally designed for continuity-tie forces.
66. The Title 24 Energy Calculations shall not incorporate reflective roof values that will not comply with the proposed dark roofing tiles.
Planning Services Division
67. The applicant shall submit detailed plans showing the proposed location of utilities and mechanical equipment to the Community Development Department, Planning Services Division for review and approval prior to submitting plans into the Building and Safety Division Plan Check process. The project shall also be subject to the following:
a. Above-ground utility equipment (e.g. electrical, gas, telephone, cable TV) shall not be located in the street setback, within the common areas, or any parking areas, and such equipment shall be screened by densely planted and maintained landscaped hedges or a fence or wall. Ground- mounted equipment shall not exceed the maximum allowable height for a wall, fence, or hedge.
b. Roof-mounted mechanical equipment shall be screened by parapet walls, rooftop architectural features such as a tower equal to the height of the equipment, or low walls surrounding the equipment and shall be painted to match the color of the building materials.
c. No exterior piping, plumbing, or mechanical ductwork shall be permitted on any exterior façade and/or be visible from any public right-of-way or adjoining property. Roof rain gutters are permitted. The rain gutters shall follow the natural architecture lines of the building.
68. All landscaping shall be consistent with the landscape requirements of Title 9 of the Municipal Code. The applicant shall submit a complete landscape and Garden Grove City Council
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irrigation plan governing the entire development. The landscape and irrigation plans shall include type, size, location and quantity of all plant material. The landscape and irrigation plan shall include irrigation plans and staking and planting specifications. All landscape irrigation shall comply with the City’s Landscape Ordi nance and associated Water Efficiency Guidelines. The landscape and irrigation plan is also subject to the following:
a. A complete, permanent, automatic remote control irrigation system shall be provided for all landscaping areas shown on the plan. The sprinklers shall be of drip or micro -spray system sprinkler heads for water conservation.
b. Forty percent (40%) of the trees on the site shall consist of minimum size 24 -inch box, and the remaining 60 percent (60%) shall be of minimum size 15 gallons. These trees shall be incorporated into the landscaped frontages of all streets. Where clinging vines are considered for covering walls, drought-tolerant species shall be used.
c. All landscape areas, including the areas located within the public rights-of-ways al ong Kerry Street and Russell Avenue that abut the subject property, are the responsibility of the applicant/property owner(s) and/or Homeowner’s Association.
d. Trees planted within ten feet (10'-0”) of any public right-of-way shall be planted in a root barr ier shield. All landscaping along street frontages adjacent to driveways shall be of the low- height variety to ensure safe sight clearance. All trees planted on the subject property, whether for screening the project from the neighboring lots or for aesthetic or selling/marketing purposes, shall have an irrigation system installed in order maintain the trees.
e. All trees shall be double-staked in accordance with City standards.
f. The landscape treatment along the street frontage, including the area designated as public right-of-way, shall incorporate the landscape area between the sidewalk and the development wall with ground cover, shrubs and bushes, and trees that highlight the project’s entrance as well as enhance the exterior appearance along Kerry Street and Russell Avenue. The plant material for the entrance shall be the type to inhibit graffiti such as vines and dense growing shrubs and bushes, and shall be maintained.
g. Clinging vines shall be installed within the landscape planters along the perimeter block walls to deter graffiti.
h. Fifty percent (50%) of all required shrubs shall be a minimum size of five (5) gallons at time of planting.
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i. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants, but not more than 30% of the groundcover area shall have the mulch substitute.
j. Groundcover plants shall be planted at a density and spacing necessary for them to become well established and provide surface coverage within 18 months of planting.
k. The landscape plan shall incorporate and maintain for the lif e of the project those means and methods to address water run- off also identified as Low Impact Development provisions, which address water run-off. This is to also to be inclusive of any application of Water Quality Management Plans (WQMP), Drainage Area Management Plans (DAMP) and any other water conservation measures applicable to this type of development.
l. 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.
m. 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. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the Planning Services Division. Lighting adjacent to residential properties shall be restricted to low dec orative type wall -mounted lights, or a ground lighting system.
Lighting shall be provided throughout all private drive aisles and entrances to the development per City standards for street lighting. Lighting in the common areas shall be directed, positio ned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby residences.
70. Second and third- story windows, on side and rear building sides shall be located to avoid direct views from those windows,
balconies, and decks into
any immediately opposite windows and private recreation areas of residential dwelling units on adjacent properties. Where second -story and third- story windows are oriented toward an adjacent property’s private recreation area, one or more of the following measures shall be provided:
a. High-windows with a minimum sill height of six feet (6’-0”), as measured from the finished floor.
b. View-obscuring treatment such as wing walls.
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c. Obscure, opaque, or frosted fixed (non-slider) windows.
d. A row of screening/canopy trees evenly spaced shall be placed along the property line(s),
which shall be of a minimum height that blocks any
direct views. Screening/canopy trees shall be maintained in perpetuity.
71. All new block walls, and/or retaining wall(s), including existing block walls to remain, if any, shall be shown on the grading plans. Block walls shall be developed to City Standards or designed by a Registered Engineer and shall be measured from on- site finished grade. The applicant shall provide the following:
a. Decorative masonry walls are required along the southern and easterly property lines, and shall be constructed to a minimum height of six feet (6’-0”), up to a maximum of seven feet (7’- 0”), as measured from highest point of finished grade. Whether new or existing, the block walls shall be decorative and utilize stucco finish, slump stone, decorative CMU, or split- face block. Street- facing perimeter walls shall include trailing vines, hedges planted along the base of the exterior face, or other landscaping treatments that deter graffiti.
b. The applicant shall work with the existing property owners along the project perimeter in designing and constructing the required perimeter block walls. This requirement is to avoid having double -walls and minimize any impact that it might cause to the existing landscaping on the neighbor’s side as much as possible. The perimeter block wall shall be constructed and situated entirely within the subject property. In the event that the applicant cannot obtain approval from the property owners, the applicant shall construct the new wall with a decorative cap to be placed between the new and existing walls. In the event the location of a new wall adjacent to an existing wall or fence has the potential to affect the landscape planter, then the applicant shall work with City Staff to address this situation. The Community Development Director shall be authorized to approve minor alterations the size and/or location of the landscape planter to accommodate the placement of such wall.
72. Each unit shall be provided with an air conditioning condensing unit and/or system so that there are no wall-mounted, or window mounted units. Ground- mounted units shall be screened, enclosed, or placed within opaque barriers on all sides such that the equipment is completed concealed from view from the public right-of-way.
73. Mailboxes shall be provided and installed by the applicant. The local postmaster shall approve the design and location.
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74. Each unit shall be provided with washer and dryer hook-ups.
75. Prior to issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project. The sign shall include the name and address of the development, and the developer’s name, address, and a 24-hour emergency telephone number.
76. Permitted hours and days of construction and grading shall be as follows, and all work shall be comply with the noise regulations set forth in Chapter 8.47 of the City of Garden Grove Municipal Code:
a. Monday through Friday – not before 7:00 a.m. and not after 7:00 p.m.
b. Saturday – not before 9:00 a.m. and not after 6:00 p.m.
c. Sunday and Federal Holidays – no construction shall occur.
77. Construction activities shall adhere to SCAQMD Rule 403 (Fugitive Dust).
Where feasible, application shall implement dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, and the use methanol, natural gas, propane or butane vehicles instead of gasoline or diesel powered equipment . Also, use of solar, low emission water heaters, and low sodium parking lot lights, shall be required to ensure compliance with Title 24.
78. 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 a re 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 o n 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.
79. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code, which require the protection of active nests of all bird species, prior to the removal of any on-site landscaping, including the removal of existing trees.
80. The applicant shall prepare Covenants, Conditions, and Restrictions (CC&R's) for review and approval by the City Atto rney's office and Community Garden Grove City Council
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Development Department prior to the issuance of building permits. Unless otherwise approved by the Community Develo pment Director and City Attorney, the approved CC&R’s shall be recorded at the same time that the subdivision map is recorded and two copies (a hard copy and an electronic copy) of the recorded CC&R’s shall be provided to the Planning Services Division. The CC&R's shall include the following stipulations and/or provisions:
a. All units shall maintain the ability to park two cars within the garages at all times. Unless otherwise permitted by State Law, garages shall not be converted to any other use.
b. There shall be no business activities, day care, or garage sales conducted within or from the garages.
c. Parking spaces in the garages shall be made available to the occupants of the unit at all times.
d. Residents shall not park or store vehicles anywhere on the site except within the designated parking spaces in the garages for their dwelling unit. However, the unassigned , open guest parking spaces may be utilized by residents or guests for temporary parking. Any issues arising from the use, application, or res triction of such open parking spaces shall be at the resolve of the Homeowner’s Association.
e. All graffiti vandalism shall be abated within the premises. Best management practices shall be implemented to prevent and abate graffiti vandalism within the premises throughout the life of the project, including, but not limited to, 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 signag e, lighting, and/or security cameras, an necessary. Graffiti shall be removed/eliminated as soon as reasonably possible after it is discovered, but not later than 72 hours after discovery.
f. Each residence shall be utilized as one (1) dwelling unit. No po rtion of any residence shall be utilized or rented as a separate dwelling unit.
g. The CC&R’s shall include provisions providing the owners or tenants a means of contacting persons responsible for site maintenance, repairs, trash pick-up, and other related matters for a development of this type.
This shall also include scheduling of maintenance of such items as the recreation area(s), landscape area maintenance, etc. This also includes ensuring tree overhangs do not block or hinder any vehicles such as street sweepers, trash trucks, fire trucks, etc., from maneuvering around the site.
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h. Storage of boats, recreational vehicles, or commercial vehicles on the property is prohibited.
i. The CC&R’s shall include stipulations that maintenance of the private drive aisles, storm drain, sewer system, common landscape areas, and open space areas within the interior of the development, and the landscape setback areas adjacent to Kerry Street and Russell Avenue are the responsibility of the Homeowner’s Association.
j. Each un it shall have and maintain a minimum of 120 cubic feet of storage space, which may be provided in the garage parking areas, and typical closet space within the unit shall not count toward this requirement.
k. Each unit shall maintain a private recreation/ open space area with a minimum six-foot (6’-0”) width. This area shall be open and unobstructed from the ground to the sky, except for covered entry porches, which shall provide a minimum two -foot (2’-0”) depth. No additional patio covers or other accessory structures shall be provided within the private recreation/open space areas.
l. All recreation areas, landscaping along the front and side yards of each unit, the project site entryway, landscaped areas in all common areas, and any landscaping within the public right-of-way shall be maintained for the life of the project and maintenance provisions approved by the City shall be included in the CC&R’s.
m. The common recreation areas, as identified on the approved site plan, shall be equipped with a shade structure, food-service counter, outdoor dining tables, flexible lawn space, and raised garden planter beds, subject to review by the Planning Services Division, and Building and Safety Division.
n. There shall be no parking allowed along the private street, except within the designated parking areas. All curbs not designated as parking areas shall be painted red. The applicant shall post “No Parking” signs along the drive aisle.
o. The maintenance of the private street, storm drains, sewer system, and open space areas is the responsibility of the applicant and property owner(s) and/or Homeowner’s Association , including the common recreation areas, and the common landscape areas.
p. The Conditions of Approval for Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447, shall be incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs.
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q. The following provisions shall be included within the CC&R’s (in substantially the same form as below or as otherwise approved by the City Attorney):
i. Compliance with Stormwater Quality Regulations . The Homeowner's Association shall implement, and fund
implementation of, the Operation and Maintenance (“O&M”) Plan for the Property, which was approved by the City as part of the Water Quality Management Plan (“WQMP”) required for
development of the Property, and shall operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan for the Property, which includes:
a. Description of all post- construction BMPs (non -structural and structural),
b. Description of the Property owner’s(s’) responsibilities and required training of persons performing BMP
implementation, operation and maintenance,
c. Implementation frequency and operating schedule,
d. Inspection/maintenance frequency and schedule,
e. Specific maintenance activities,
f. Required permits from resource agencies, if any,
g. Forms to be used in documenting implementation,
operation and maintenance activities,
h. Recordkeeping requirements.
A copy of the approved O&M Plan is described in the current WQMP for the Project, as it may be amended from time to time according to its terms, which is on file with the City of Garden Grove Community Development Department, and is incorporated herein by this reference. The Committee shall maintain a copy of the current WQMP at a location on the Property.
The Property shall be, and the Homeowner's Association shall ensure that the Property is used and maintained in full compliance with the provisions of the O&M Plan and Chapter 6.40
(Stormwater Quality) of the Garden Grove Municipal Code, as it may be amended. The City shall have the right to inspect the Property for the purpose of verifying compliance with this Garden Grove City Council
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provision. The City of Garden Grove shall be an intended third- party beneficiary to this provision. The City shall have the right and authority, but not the obligation, to enforce this provision by any legal or equitable means, or by any method available to the Property owners as provided elsewhere in the Declaration, against the Declarant, Homeowner's Association, Owners, their successors and assigns, or other persons in possession of the Property. This provision shall not be amended or terminated without the written approval of the City of Garden Grove Community Development Department.
ii. Enforcement: The City is hereby made a party to this Declaration solely for purposes of enforcing its provisions and the Standards of Development for PUD-020-2026, and Conditions of Approval for Site Plan No. SP-168-2026, and Vesting Tentative Tract Map No.
TT-19447. The City, its agents, departments and employees shall have the unrestricted right and authority, but not the obligation, to enforce the provisions of this Declaration and the Standards of Development for PUD-020-2026, and Conditions of Approval for Site Plan No. SP-168-2026, and Vesting Tentative Tract Map No.
TT-19447. In the enforcement of this Declaration, the City shall not be limited to the procedures or processes described in this Declaration and may use any remedy provided under law or equity, including the City’s Municipal Code. The City, its agents, departments and employees may further refuse to issue any building, electrical or plumbing permit that may be in violation of these Declarations or General Plan Amendment No.
GPA-001-2026, Zoning Map Amendment No. A -046-2026,
Planned Unit Development No. PUD-020-2026, Site Plan No.
SP-168-2026, and Vesting Tentative Tract Map No. TT -19447 approvals. However, the City shall not be liable for failing or refusing to enforce the provisions of these Declarations or the Standards of Development for PUD -020-2026, and Conditions of Approval for Site Plan No. SP -168-2026, and Vesting Tentative Tract Map No. TT -19447. The alternative dispute resolution provisions set forth in Section / Article [SECTION] of this Declaration shall not apply to or legally bind the City.
iii. Assessments: The City may levy special assessments against the properties in connection with its actions to enforce the conditions of this Declaration or General Plan Amendment No.
GPA-001-2026, Zoning Map Amendment No. A -046-2026,
Planned Unit Development No. PUD -020-2026, Site Plan No.
SP-168-2026, and Vesting Tentative Tract Map No. TT-19447, or to abate the violation thereof. The City shall have the same power as the Association to levy special assessments pursuant to the provisions of [SECTION] of this Declaration in the event that Garden Grove City Council
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it incurs expenses in the enforcement of the conditions of these Declarations or General Plan Amendment No. GPA -001-2026, Zoning Map Amendment No. A -046-2026, Planned Unit
Development No. PUD-020-2026, Site Plan No. SP-168-2026, and Vesting Tentative Tract Map No. TT-19447 approvals. Notice of intention to make such assessment shall be mailed by the City to the Owner of each affected [LOT/UNIT] affording the Owner thirty (30) days’ notice to satisfy or reimburse the City’s expenditure.
In the event of the failure of any Owner of any affected [LOT/UNIT] to reimburse the City within thirty (30) days, notice of such assessment shall be mailed by the City to said Owner, and said assessment shall thereafter be due as a separate debt to the City within thirty (30) days following the mailing of such notice. Any such delinquent assessment may be and may become a lien upon the interest of the defaulting Owner in the [LOT/UNIT] upon the execution by the City and the recording in the Orange County Recorder’s office of a notice of delinquent assessment under the same conditions that the Association could record the same pursuant to the provisions of [SECTION]. The City may foreclose on such notice of delinquent assessment in the same manner and with the same power as the Association could foreclose on such notice pursuant to the provisions of [SECTION].
It is the intent of Declarant, which intent shall be binding upon all of Declarant’s successors in interest in the Properties, that the City shall be deemed an interest holder pursuant to the provisions of these Declarations in order to enforce the rights which have been given to the City generally in these Declarations and specifically pursuant to this Section.
iv. Attorney Fees: The City shall be entitled to recover its attorney’s fees incurred in connection with its actions to enforce the conditions of th is Declaration or General Plan Amendment No.
GPA-001-2026, Zoning Map Amendment No. A -046-2026,
Planned Unit Development No. PUD -020-2026, Site Plan No.
SP-168-2026, and/or Vesting Tentative Tract Map No. TT -19447 approvals, or to abate the violation thereof.
v. Public Safety Access: The Police, Fire, and other public safety personnel may enter upon any part of the common area for the purpose of enforcing State and Local laws.
vi. Modification/Termination: This Declaration shall not be terminated or substantially amended without the prior written approval of the City of Garden Grove Community Development Director.
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81. Should the applicant elect to build the project in more than one phase, then a phasing plan shall be submitted to the Community Development Department prior to releasing units for model purposes. The phasing plan shall include, but not be limited to, a site plan showing the phasing areas, protection of finished units, and protection for related safety issues concerning pedestrians and non- construction vehicles. The perimeter improvements including landscaping, walls, street improvements, and underground utilities, shall be completed in the first phase. The phasing plan shall be approved by the Community Development Department, OCFA, and Public Works Dep artment prior to issuance of building permits. Notwithstanding if the applicant elects to construct the Project in phases, the applicant shall record a single final map, not multiple phased final maps, and the CC&Rs shall apply to the entire property covered by the Vesting Tentative Tract Map at the time of recordation.
82. All mitigation measures that are part of the Mitigated Negative Declaration that was adopted in conjunction with approval of General Plan Amendment No.
GPA-001-2026, Zoning Map Amendment No. A -046-2026, Planned Unit Development No. PUD -020-2026, Site Plan No. SP- 168-2026, and Vesting Tentative Tract Map No. TT -19447 shall be implemented. In addition, the project is subject to the Mitigation Monitoring and Reporting Program (MMRP) adopted by the City Council as part of the Mitigated Negative Declaration (Exhibit “B”). 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 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 applicant shall provide the City with a report demonstrating adherence to all mitigation measures quarterly or otherwise upon request.
83. Final Vesting Tentative Tract Map No. TT-19447 shall be approved by the City and recorded by the applicant prior to issuance of any grading and/or building permits for the proposed development.
84. The applicant shall submit a signed letter acknowledging receipt of the decision approving Site Plan No. S P-168-2026 and Vesting Tentative Tract Map No.
TT-19447, and their agreement with all conditions of the approval.
85. The applicant shall, as a condition of Project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the City, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning General Plan Amendment No. GPA -001-2026, Zoning Map Amendment No. A-046-2026, Planned Unit Development No. PUD -020-2026, Garden Grove City Council
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Site Plan No. SP-168-2026, and Vesting Tentative Tract Map No. TT-19447. 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.
86. In accordance with Garden Grove Municipal Code Sections 9.32.160 and
9.40.070.A, respectively, unless otherwise provided by State law, the rights granted pursuant to Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447 shall be valid for a period of two (2) years from the effective date of the ordinance approving General Plan Amendment No. GPA-001-2026, Zoning Map Amendment No. A-046-2026, and Planned Unit Development No.
PUD-020-2026. 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-168-2026 and Vesting Tentative Tract Map No. TT-19447 shall become null and void if the subject development and construction necessary and incidental thereto is not commenced within two (2) years of the expiration of the appeal period and thereafter diligently advanced until completion of the project. In the event construction of the project is commenced but not diligently advanced until completion, the rights granted pursuant to Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447 shall expire if the building permits for the project expire.
87. The Conditions of Approval set forth herein include certain development impact fees and other exactions. Pursuant to Government Code §66020(d), these Conditions of Approval constitute written notice of the amount of such fees.
The applicant is hereby not ified that the ninety ( 90) day protest period, commencing from the effective date of approval of Site Plan No. SP-168-2026 and Vesting Tentative Tract Map No. TT-19447 has begun.
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EXHIBIT “B”
MITIGATION MONITORING AND REPORTING PROGRAM
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Initial Study/Mitigated Negative Declaration (IS/MND) has been adopted which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the 9822 Russell Avenue Townhome Project (Project). The City of Garden Grove is the Lead Agency for the project and is responsible for implementation of the MMRP. This MMRP for the project identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.
Mitigation Monitoring and Reporting Program
This MMRP for the Project applies, variably, during all Project phases, including design, construction, and operation, as indicated. The attached table identifies the mitigation program required to be implemented by the City for the 9822 Russell Avenue Townhome Project. The table identifies the mitigation measures required by the City to mitigate or avoid significant adverse impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.
Garden Grove City Council
Resolution No. ____-26
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MITIGATION MONITORING AND REPORTING PROGRAM
9822 RUSSELL AVENUE TOWNHOME PROJECT
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
AESTHETICS
Lighting. Project plans and specifications shall comply with City standard Conditions of Approval for lighting, which states that all lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the Planning Services Division.
Lighting adjacent to residential properties shall be restricted to low decorative type wall-mounted lights, or a ground lighting system. Lighting shall be provided throughout all private drive aisles and entrances to the development per City standards for street lighting. Lighting in the common areas shall be directed, positioned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby
residences.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Building and
Occupancy
Permits.
City of Garden
Grove Building and
Safety Division
City of Garden
Grove Planning
Services Division
AIR QUALITY
SCAQMD Rule 402 – Nuisance. The Project plans and
specifications shall implement compliance with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to
business or property.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition and
Grading Permits
and during
demolition and
grading activities.
City of Garden
Grove Building and
Safety Division
SCAQMD Rule 403 – Fugitive Dust. The Project Plans and
specifications shall implement compliance with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403 as implemented by the City’s standard Condition of Approval, which includes dust minimization measures, the use of electricity from power poles rather than diesel or gasoline powered generators, and the use of methanol, natural gas, propane or butane vehicles instead of gasoline or diesel powered equipment, where feasible.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition and
Grading Permits
and during
demolition and
grading activities.
City of Garden
Grove Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
SCAQMD Rule 1113 – Architectural Coatings. The Project
plans and specifications shall implement compliance with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low -
Volatile Organic
Compounds” paints (no more than 50 gram/liter of Volatile Organic Compound) and/or High Pressure Low Volume
(HPLV) applications shall be used.
Requirement to be
included in
Construction Plans,
Specifications, and
Permits.
Verified prior to
issuance of
Construction
Permits that involve
architectural
coatings and during
architectural
coating activities.
City of Garden
Grove Building and
Safety Division
BIOLOGICAL RESOURCES
Migratory Bird Treaty Act and California Fish and Game
Code Sections 3503.5, 3511, and 3515. The Project
construction COA plans and specifications shall identify compliance with the following City standard Condition of Approval. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5, and 3515 of the California Fish and Game regulations, 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.
Prior to commencement of grading activities and issuance of any building permits, the City Community Development
Director, or designee, shall verify that all Project grading and construction plans are consistent with the requirements of the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503.5, 3511, and 3515, as stated above, that pre- construction surveys have been completed (if needed) and the results reviewed by staff, and that the appropriate buffers (if needed) are noted on the plans and established in the field with orange snow fencing.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition and
Grading Permits
involving
vegetation removal.
City of Garden
Grove Planning
Services Division
CULTURAL RESOURCES
Archaeological Resources. The Project construction plans and specifications shall identify compliance with the following City standard Condition of Approval. During construction, if 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 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 archaeolo gist, Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Grading Permits.
City of Garden
Grove Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
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 resource is determined by the
archeologist (work can continue elsewhere on the Project site). Any mitigation, monitoring, collection, and
specimen/resource treatment measures recommended by the archaeologist shall be implemented by the applicant at its own cost.
Human Remains. In the event that human remains are
encountered on the Project site, work within 50 feet of the discovery shall cease and the County Coroner shall be
notified immediately consistent with the requirements of California Code of Regulations (CCR) Section 15064.5(e).
State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code (PRC) Section 5097.98. Prior to the issuance of grading permits, the City shall verify that all grading plans specify the requirements of CCR Section
15064.5(e), State Health and Safety Code Section 7050.5, and PRC Section 5097.98
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Grading Permits
and during ground
disturbing activities.
City of Garden
Grove Building and
Safety Division
ENERGY
CalGreen Compliance. The Project plans and specifications shall implement compliance with the CalGreen Building Code as included in the City’s GGMC Section 18.04.010 to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Building Permits.
City of Garden
Grove Building and
Safety Division
California Code of Regulations (CCR) Title 13, Motor
Vehicles, Section 2449(d)(3). The Project construction plans and specifications shall implement compliance with CCR Title 13, Motor Vehicles, Section 2449(d)(3), which states that no vehicle or engines may idle for more than 5 consecutive minutes. The idling limit does not apply to queuing and necessary operation to accomplish work for which the
vehicle/equipment was designed.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Building Permits.
City of Garden
Grove Building and
Safety Division
GEOLOGY AND SOILS
California Building Code. The Project plans and
specifications shall comply with City standard Conditions of Approval for the California Building Code (CBC) and
implement compliance with the CBC as included in GGMC
Title 18, Building Codes and Regulations. All work shall comply with the latest edition of the California CBC at time of Requirement to be
included in
Construction Plans
and Specifications.
City of Garden
Grove Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
permit application to preclude significant adverse effects associated with seismic hazards. California Building Code related and geologist and/or civil engineer specifications for the Project are requir ed to be incorporated into grading and building plans and specifications prior to issuance of grading and building permits.
Verified prior to
issuance of
Grading and
Building Permits.
Mitigation Measure PAL -1: Paleontological Resources.
Construction plans and specifications shall state that in the event that potential paleontological resources are discovered during excavation, grading, or construction activities, work shall cease within 50 feet of the find until a qualified paleontologist (who meets the Society of Vertebrate
Paleontology’s (SVP, 2010) definition for qualified
professional paleontologist) has evaluated the find. If a fossil is determined to be significant, the qualified paleontologist shall implement a paleontological salvage program to remove the resources from their location, following the guidelines of the SVP (2010). Any fossils encountered and recovered shall be prepared to the point of identification, catalogued, and curated at a public, non- profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school.
If any fossil remains are discovered, the qualified
paleontologist shall make a recommendation whether
monitoring shall be required for the continuance of earth moving activities. Prior to issuance of grading permits, the City shall verify that all Project grading and construction plans specify the requirements herein related to the unanticipated discovery of paleontological resources.
After completion of the salvage and curation of any resources, the qualified paleontologist shall prepare a report
summarizing the results of the monitoring and salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted to the Community Development Director, or
designee, and the Natural History Museum of Los Angeles County.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Grading Permits.
City of Garden
Grove Building and
Safety Division
City of Garden
Grove Planning
Services Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
GREENHOUSE GAS EMISSIONS
AB 1881 Landscaping. The Project Conditions of Approval would require compliance with AB 1881 landscaping
requirements (included in the GGMC in Section 9.12.040.085 and pursuant to the Title 24 regulations in GGMC Section
18.04.010.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Building Permits.
City of Garden
Grove Building and
Safety Division
City of Garden
Grove Planning
Services Division
HAZARDS AND HAZARDOUS MATERIALS
Fire Master Plan: The applicant shall comply with all
applicable Orange County Fire Authority (OCFA)
requirements, including but not limited to the Fire Master Plan.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Building Permits.
City of Garden
Grove Building and
Safety Division
Orange County
Fire Authority
(OCFA)
Asbestos Containing Materials. The Project Plans and
specifications shall implement compliance with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 1403. If asbestos is found, the Project applicant shall follow all procedural requirements and regulations of
SCAQMD Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition Permit.
City of Garden
Grove Building and
Safety Division
Lead Based Paint. The Project Plans and specifications shall implement compliance with the provisions of the Code of Federal Regulations Title 29, Section 1926.62, California Code of Regulations Title 8 Section 1532.1, and Cal/OSHA’s Lead in Construction Standard to require a lead- based paint survey be conducted, and if lead- based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. Cal -OSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure
monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition Permit.
City of Garden
Grove Building and
Safety Division
HYDROLOGY AND WATER
QUALITY
Stormwater Pollution Prevention Plan. Prior to grading permit issuance, the Project developer shall have a
Requirement to be
included in
City of Garden
Grove Building and
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) in accordance with the County Drainage Area Management Plan (DAMP). The
SWPPP shall incorporate all necessary Best Management
Practices (BMPs) and other DAMP requirements to comply
with the National Pollutant Discharge Elimination System (NPDES) regulations to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of Garden Grove staff or its designee to confirm compliance.
Construction Plans
and Specifications.
Verified prior to
issuance of
Grading Permits.
Safety Division,
and Public Works
Engineering
Division
Water Quality Management Plan. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all post-construction, site design, source control, and treatment control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters.
The WQMP shall comply with GGMC Section 6.40.050, the
Orange County DAMP, and the Santa Ana Region, Regional
Water Quality Control Board (RWQCB) requirements in effect at the time permitting.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Grading Permits.
City of Garden
Grove Building and
Safety Division,
and Public Works
Engineering
Division
NOISE
Construction Noise. Project construction plans and
specifications shall detail that construction activities shall occur in compliance with GGMC Section 8.47.060(d), which states that it shall be unlawful for any person within a residential area, or within a radius of 500 feet therefrom, to operate equipment or perform any construction or repair work on buildings, structures, or projects, including construction- related vehicles arriving, idling, or being loaded/unloaded at or near a construction site, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type device outside of the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No construction or repair work shall be permitted on Sundays or federal holidays.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
issuance of
Demolition,
Grading, and
Construction
Permits and during
these activities.
City of Garden
Grove Building and
Safety Division
Mitigation Measure NOI-1: Construction Vibration. Prior to issuance of demolition or grading permits, the Community Development Director, or designee, shall verify that the construction plans require that the construction contractor restrict the use of heavy construction equipment (i.e., greater than 80,000 pounds), vibratory rollers, large loaded trucks, and large dozers within 10 feet of the southern property line.
Instead, smaller, rubber -tired bulldozers (less than 80,000 Requirement to be
included in Project
Plans and
City of Garden
Grove Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
pounds) shall be used within this area during Project
construction to reduce vibration levels.
Mechanical
Specifications.
Verified prior to
Occupancy
Permits.
PUBLIC SERVICES
Schools Development Impact Fee: The Project will be
required to pay applicable development fees levied by the Garden Grove Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.407) to offset these impacts on school facilities resulting from new
development.
Requirement to be
included in Project
Plans and
Conditions of
Approval.
Verified prior to
Occupancy
Permits.
City of Garden
Grove Building and
Safety Division
Park and Recreation Impact Fee: The Project will be
required to pay applicable City development impact fees for park and recreational facilities pursuant to GGMC 9.44.030 In- Lieu Park Fees, which are imposed on each development
project to offset the cost of providing increased park and recreation facilities.
In Project Plans
and Conditions of
Approval.
Verified prior to
Occupancy
Permits.
City of Garden
Grove Building and
Safety Division
Public Works
Department
TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR-1: Native American Monitoring.
A. The Project plans, specifications, and grading permits shall state that the Project applicant shall retain a Native American Monitor from or approved by the Gabrieleño
Band of Mission Indians – Kizh Nation (Kizh). The
monitor shall be retained prior to the commencement of
any “ground-disturbing activity” for the subject Project at all Project locations (i.e., both on- site and any off -site locations that are included in the Project description
and/or required in connection with the Project, such as public im provement work). “Ground- disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal,
boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be submitted to the City prior to the earlier of the
commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a
ground-disturbing activity.
C. The monitor shall complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing
activities, the type of construction activities performed, Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
Demolition and
Grading Permits
and during grading
and excavation
activities.
City of Garden
Grove Planning
Services Division
and Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
locations of ground -disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of si gnificance to the Tribe.
Monitor logs shall identify and describe any discovered TCRs, including but not limited to, Native American
cultural and historical artifacts, remains, places of
significance, etc., (collectively, tribal cultural resources, or “TCR ”), as well as any discovered Native American
(ancestral) human remains and burial goods. Copies of
monitor logs shall be provided to the Project
applicant/City upon written request to the Tribe.
D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project applicant/City that all ground-disturbing activities and phases that may involve ground-disturbing activities on the Project site or in connection with the Project are complete; or (2) a
determination and written notification by the Kizh to the Project applicant/City that no future, planned construction activity and/or development/construction phas e at the
Project site possesses the potential to impact any TCRs.
Mitigation Measure TCR -2: Unanticipated Discovery of
Tribal Cultural Resource Objects.
A. Upon discovery of any TCRs, the Kizh monitor shall notify the City and Project applicant and all construction
activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist.
The Kizh shall recover and retain all discovered TCRs in the form and/or manner the Kizh deems appropriate.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
Demolition and
Grading Permits
and during grading
and excavation
activities.
City of Garden
Grove Planning
Services Division
and Building and
Safety Division
Mitigation Measure TCR -3: Unanticipated Discovery of
Human Remains and Associated Funerary or Ceremonial
Objects.
A. Native American human remains are defined in PRC
5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness.
Funerary objects, called associated grave goods in
Public Resources Code Section 5097.98, are also to be
treated according to this statute.
B. If Native American human remains and/or grave goods
are discovered or recognized on the Project site, then
Public Resource Code 5097.9 as well as Health and
Safety Code Section 7050.5 shall be followed.
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
Demolition and
Grading Permits
and during grading
and excavation
activities.
City of Garden
Grove Planning
Services Division
and Building and
Safety Division
Garden Grove City Council
Resolution No. ____-26
Regulation / Mitigation Measure Timing
Responsible for
Ensuring
Compliance /
Verification
Date
Completed
and Initials
C. Human remains and grave/burial goods shall be treated alike per Californi a Public Resources Code section
5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains
and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
UTILITIES AND SERVICE SYSTEMS
Construction Waste. The GGMC Section 18.60.040,
Minimum Construction and Demolition Waste Diversion
Requirements. Construction plans and specifications shall implement reuse, recycling, and/or diversion of the minimum percentage amount of designated recyclable and reusable materials as set forth by the CalGreen (Part 11 of Title 24, California Code of Regulations).
Requirement to be
included in
Construction Plans
and Specifications.
Verified prior to
Demolition,
Grading, and
Construction
Permits and during
these activities.
City of Garden
Grove Building and
Safety Division