Garden Grove City Council
June 23, 2026

Item 278/2026

City of Garden Grove

SUPPLEMENTAL MEMORANDUM

To:

Lisa L. Kim From: Lizabeth Vasquez
Dept:

City Manager Dept: City Clerk
Date: 6/23/2026

Subject: Supplemental Report - Second Reading and Adoption of Ordinance No. 2977 reapproving Planned Unit Development No. PUD 141 -01(A), entitled:

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

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

PROJECT FOR PROPERTIES LOCATED AT THE NORTHWEST CORNER OF HARBOR BOULEVARD AND TWINTREE AVENUE, EAST OF TAMERLANE DRIVE, AT 12241, 12261, 12271, 12291, 12311, 12323, AND 12321 HARBOR BOULEVARD, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, AND 12321 THACKERY DRIVE, THE VACATED THACKERY DRIVE, AND THE VACATED ALLEY (ASSESSOR PARCEL NUMBERS: 231 -471-06, 07, 08, 0 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, AND 54). (Action Item)

After publication of the agenda for the second reading of Ordinance No. 2977, a typographical error was identified in Exhibit “B” (Supplemental Mitigation Monitoring and Reporting Program) to Exhibit “A” (Planned Unit Development No. PUD-141-01(A) Modified Planned Unit Development Provisions and Development and Performance Standards) to the Ordinance .

Pursuant to Government Code section 36934, the typographical error has been corrected as follows in the attached Ordinance:

MM-GHG-10: Water Conservation. Prior to receiving the final certificate of occupancy, the Project Applicant or designee shall submit a Water Conservation Compliance Report to the City of Garden Grove for review and approval.

The Project shall achieve a minimum 10% reduction in total water use compared to the baseline of 167 gallons per room per day as identified in the Water Supply Assessment (Psomas 2022). This equates to a target of no more than 150.3 GPCD gallons per room per day at full occupancy.

The Water Conservation Compliance Report shall include product specifications for all water -saving fixtures and systems, landscape and irrigation plans, greywater sy stem design and capacity documentation, Item 278/2026

post-occupancy water use monitoring plan for the first 12 months after occupancy. To meet or exceed the performance standard, the Project may implement a combination of the following water conservation strategies:

 Low-Flow Water Fixtures for guest rooms and public area  Smart Irrigation System – outdoor landscaping shall include weather-based irrigation controllers and drought -resistant landscaping to minimize outdoor water use
 Greywater Recycling
(CAPCOA Measures W-2, W-5, and W-7)

Additionally, the City received a comment letter from UNITE HERE Local 11 on June 9, 2026, several hours before the City Council meeting of that date. Responses to those comments have now been prepared and are attached.

The recommendation to proceed with the second reading of Ordinance No. 2977 remains the same.

ATTACHMENT(S)

1. Ordinance No. 2977, with revised Exhibit “B” (Supplemental Mitigation Monitoring and Reporting Program) to Exhibit “A” (Planned Unit Development No. PUD-141-01(A) Modified Planned Unit Development Provisions and Development and Performance Standards).

2. Response to UNITE HERE Local 11 Comment Letter dated June 9, 2026 (Channel Law Group LLP).

ORDINANCE NO. 2977

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

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

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

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

City Attorney Summary

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

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

THE CITY COUNCIL OF THE CITY OF GARDEN GROVE HEREBY FINDS AND DETERMINES AS FOLLOWS:

Garden Grove City Council
Ordinance No. 2977

WHEREAS, the Site B2 Project (Nickelodeon Hotel Resort) (the “Project”) consists of the development of a full-service, high-rise hotel resort on an approximately

3.72 acre site known as Site B2, located at the northwest corner of Harbor Boulevard and Twintree Avenue, east of Tamerlane Drive, at 12241, 12261, 12271, 12291, 12311 and 12323/12321 Harbor Boulevard, 12246, 12252, 12262, 12282, 12292, 12312, 12322, 12251, 12261, 12281, 12291, 12311, and 12321 Thackery Drive, the vacated Thackery Drive, and the vacated alley (Assessor’s Parcel Numbers: 231-471-06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 54) (collectively, the “Project Site”) and comprised of a 500 -room hotel resort with a themed pool experience including a lazy river and pool slide; event space with a 600-seat theater; 17,715 square feet of ballroom and meeting space; 22,296 square feet of hotel restaurant; 5,480 square feet of retail; themed amenities totaling 13,238 square feet; a 7,000 square-foot arcade; a spa and fitness center at 8,532 square feet; a five-level parking structure with 528 parking spaces; and related site improvements; and

WHEREAS, on July 7, 2022, Planning Commission of the City of Garden Grove adopted Resolution No. 6044-22 recommending that the City Council adopt a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project and approve Planned Unit Development No. PUD -141-01(A) to create a sub-area within Planned Unit Development No. PUD-141-01 comprised of the Project Site and to establish provisions and development and performance standards for the subject site to facilitate development of the Project; and

WHEREAS, on August 23, 2022, the City Council of the City of Garden Grove adopted Resolution No. 9768-22 adopting a Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program for the Project, adopted Resolution No. 9769-22 contingently approving Site Plan No. SP -107-2022, and introduced an Ordinance to approve Planned Unit Development No. PUD-141-01(A); and

WHEREAS, on September 13, 2022, the Garden Grove City Council adopted Resolution No. 9772 -22 approving Street Vacation No. SV -002-2022 and adopted Ordinance No. 2938 approving Planned Unit Development No. PUD-141-01(A); and

WHEREAS, Resolution No. 9768-22, Resolution No. 9769-22, Resolution No. 9772-22, and Ordinance No. 2938 are collectively referred to herein as the “2022 Approvals”; and

WHEREAS, on September 22, 2022, Marlene Perez, Maria Guadalupe Ortiz, and Unite Here Local 11 filed a Petition for Writ of Mandate in the Orange County Superior Court challenging the 2022 Approvals on CEQA and other grounds, and Petitioner VietRISE later joined the litigation (OCSC Case No. 30-2022-01281816-CU-WM-CXC) (the “Petition”); and

Garden Grove City Council
Ordinance No. 2977

WHEREAS, the parties reached a settlement agreement and, as a result, the Court entered a Stipulated Writ of Mandate on February 13, 2024 (the “Stipulated Writ”); pursuant to Public Resources Code Section 21168.9(c), the Stipulated Writ left the 2022 Approvals in place; the Stipulated Writ further requires the City, if it and the Real Parties in Interest decide to proceed with the Project, to: (a) prepare a focused CEQA review of the Project’s potentially significant VMT and GHG impacts; (b) assess whether modifications are needed to the 2022 Approvals, including mitigation measures and conditions of approval, in light of that focused CEQA analysis; and (c) approve, approve with modifications, or deny the PUD at a publicly agendized City Council meeting pursuant to Garden Grove Municipal Code Section 9.32.030; all other claims in the Petition were waived, released, and dismissed with prejudice; and

WHEREAS, to comply with Paragraph 1(a) of the Stipulated Writ, the City prepared a Supplemental Environmental Impact Report (“SEIR”) providing a focused review of the Project’s potentially significant Vehicle Miles Traveled (VMT) and Greenhouse Gas (GHG) impacts, in compliance with the California Environmental Quality Act, California Public Resources Code Section 21000 et seq. (“CEQA”) and CEQA’s implementing guidelines, California Code of Regulations, Title 14, Section 15000 et seq.; GHG impacts were identified as significant and unavoidable; VMT impacts were identified as less than significant with the incorporat ion of mitigation; and a Supplemental Mitigation Monitoring and Reporting Program and Findings , including a Statement of Overriding Considerations, have been prepared; and

WHEREAS, following a public hearing held on May 7, 2026, the Planning Commission adopted (A) Resolution No. 6133-26 recommending that the City Council, pursuant to Paragraphs 1(a) of the Stipulated Writ, certify the SEIR, adopt a Supplemental Mitigation Monitoring and Reporting Program, and adopt Findings of Fact, including a Statement of Overriding Considerations; (B) Resolution No. 6134-26 recommending that the City Council, pursuant to Paragraph 1(b) of the Stipulated Writ, contingently approve revision s to the Conditions of Approval for Site Plan No.

SP-107-2022 (Rev. 2026); and (C) Resolution No. 6135-26 recommending that the City Council, pursuant to Paragraph 1(c) of the Stipulated Writ of Mandate and Garden Grove Municipal Code Section 9.32.030, adopt an Ordinance reapproving Planned Unit Development No. PUD -141-01(A) with modifications limited to the Planned Unit Development Provisions and Development and Performance Standards to incorporate the mitigation measures and project design features identified in the SEIR. The facts and findings set forth in Resolution Nos. 6133-26, 6134-26, and 6135-26 are hereby incorporated into this Ordinance by reference; and

WHEREAS, pursuant to a legal notice, a Public Hearing regarding the Project and the Supplemental Environmental Impact Report was held by the City Council on June 9, 2026, and all interested persons were given an opportunity to be heard; and

Garden Grove City Council
Ordinance No. 2977

WHEREAS, on June 9, 2026, the City Council adopted Resolution No. 9981-26 certifying a Supplemental Environmental Impact Report, Adopting a Supplemental Mitigation Monitoring and Reporting Program , and a dopting Findings, Including a Statement of Overriding Considerations, for the Project, and Resolution No. 9982-26 contingently approving revisions to the Conditions of Approval for Site Plan No.

SP-107-2022; and

WHEREAS, the City Council gave due and careful consideration to the matter during its meeting of June 9 , 2026, and considered all oral and written testimony presented; and

WHEREAS, the City Council hereby incorporates by reference the findings and reasons set forth in Planning Commission Resolution No. 6135-26 and makes the following findings regarding Planned Unit Development No. PUD-141-01(A):

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

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

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

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

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

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

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

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

Section 2 . Environmental Review. City Council Resolution No. 9981 -26 Certifying a Supplemental Environmental Impact Report , Adopting a Supplemental Mitigation Monitoring and Reporting Program, and Adopting Findings, Including a Garden Grove City Council
Ordinance No. 2977

Statement of Overriding Considerations, for the Project is incorporated herein by reference with the same force and effect as if set forth in full herein.

Section 3. Findings Incorporated by Reference. The findings, facts and reasons stated in Planning Commission Resolution No s. 6044-22 and 6135-26, and in Ordinance No. 2938, c opies of which are on file in the office of the City Clerk, are incorporated herein by reference with the same force and effect as if set forth in full herein.

Section 4. Reapproval. Planned Unit Development No. PUD-141-01(A) is hereby reapproved, subject to the modified provisions and development and performance standards attached hereto as “Exhibit A.” Except as otherwise modified pursuant to this Ordinance, the provisions of Ordinance No. 2938, adopted on September 13, 2022, shall continue in full force and effect.

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

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

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

Section 8. Effective Date. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the Garden Grove City Council
Ordinance No. 2977

summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption.

The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.

MAYOR
ATTEST:

_______________________________

CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:

CITY OF GARDEN GROVE )

I, LIZABETH VASQUEZ, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for first reading and passed to second reading on June 9, 2026 with a vote as follows:

AYES: COUNCIL MEMBERS: (7) NGUYEN, TRAN, DOVINH, MUÑETON

ARESTEGUI, BRIETIGAM, KLOPFENSTEIN
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE

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

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

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

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

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

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

Building elements such as structural components, architectural features, or roof projections shall not encroach into the required perimeter setback areas.

E. Maximum Building Height
Building heights shall be determined through a Shade and Shadow Study, and approved through a Site Plan review.

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

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

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

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

Landscaping shall be provided within the project boundaries, as well as along Harbor Boulevard and Twintree Avenue. The landscape treatment along Harbor Boulevard shall include a double row of palm trees with canopy trees, shrubs, and groundcover consistent with the Grove District Anaheim Resort landsc ape plan for Harbor Boulevard. The landscape treatment along Twintree Avenue shall incorporate canopy trees, shrubs, and groundcover similar to the landscape treatment on Harbor Boulevard.

The required width of the public sidewalk and parkway improvements on Harbor Boulevard and Twintree Avenue shall be determined by the Public Works Department, Engineering Division, to ensure a consistent pattern consistent with the right-of-way improvements for the resort district.

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

G. Boundary:

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

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

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

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

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

The main access po int on Harbor Boulevard shall include a signalized intersection aligned with the main access point of the hotel development located across from the project site, permitting two -way traffic and left - and right-turn movements in and out of the site. The acce ss point on Twintree Avenue shall only permit right -turn-in and left-turn-out of the project site.

The Project shall provide an internal vehicular circulation system designed to comply with the City’s minimum drive -aisle standards, accommodating two-way traffic and providing appropriate access for trash trucks and emergency vehicles.

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

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

J. Required Parking:

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

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

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

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

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

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

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

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

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

The Community Development Director may authorize minor modifications to the required wall heights and setbacks to accommodate permitted differences between submitted development plans and the project plans. Notwithstanding the foregoing, the block wall on the westerly and northwesterly property lines shall comply with all standards required by the mitigation measures and project design features identified in the SEIR and Supplemental Mitigation Monitoring and Reporting Program adopted pursuant to the Stipulated Writ of Mandate.

M. Signs and Graphic Standards
All signage, including sign type and allowable sign area, shall be in accordance with Chapter 9.20 of Title 9 of the Municipal Code as allowed by the C-1 zone.

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

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

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

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

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

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

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

P. Environmental Mitigation Measures
The overall development and subsequent occupancy and operation of the site shall be subject to those environmental mitigation measures identified in (1) the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project, adopted pursuant to Resolution No. 9768-22 adopted by the Garden Grove City Council on August 23, 2022, and which are summarized in Exhibit “A” attached hereto; and (2) the Supplemental Environmental Impact Report and Supplemental Mitigation Monitoring and Reporting Program for the Site B2 Hotel Project, adopted pursuant to Resolution No. 9981-26 adopted by the Garden Grove City Council on June 9, 2026 , which are summarized in Exhibit “B” attached hereto.

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

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

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

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

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

Exhibit “A”
SITE B-2 HOTEL PROJECT

MITIGATED NEGATIVE DECLARATION

MITIGATION MONITORING AND REPORTING PROGRAM

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

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

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Mitigation Monitoring and Reporting Program Page 2

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

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

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

Mitigation Monitoring and Reporting Program Page 3

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Mitigation Monitoring and Reporting Program Page 5

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction

ENERGY
Inefficient or
wasteful energy
consumption or
conflict with the
City’s energy goals

Refer to Mitigation Measures GHG-2 through
GHG-6

Mitigation Monitoring and Reporting Program Page 6

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction

Mitigation Monitoring and Reporting Program Page 7

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

GHG-2 Onsite renewable energy sources
(i.e., solar panels) shall be installed
capable of generating up to 25% of
the project’s total electricity
demand.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

GHG-3 Prior to receiving a Certificate of
Occupancy, the proposed project
shall demonstrate to the satisfaction
of the Garden Grove Building and
Safety Division that water
conservation strategies have been
implemented, including low flow
fixtures and toilets, water efficient
irrigation systems, drought
tolerant/native landscaping, and
pool water recycling systems.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
Prior to
receiving a
Certificate of
Occupancy

Mitigation Monitoring and Reporting Program Page 8

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

GHG-4 Waste management, recycling and
composting programs shall be
implemented to divert up to 50% of
waste away from a landfill.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

GHG-5 Electric landscaping equipment, such
as leaf blowers and pressure washers
shall be used.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

GHG-6 No onsite natural gas fireplaces or
fire pits shall be installed.

Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

GHG-7 Trip reduction measures and project
design features shall be
implemented to reduce the number
of auto-based trips generated by the
project and to encourage the use of
transit, bicycling, and walking
through the following measures.

1. Improve the walkability and
design of the project by providing
Project Applicant Community and
Economic
Development
Department
/Public Works
Department
During grading
and building
construction /
On going

Mitigation Monitoring and Reporting Program Page 9

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

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

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

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

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

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

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

Mitigation Monitoring and Reporting Program Page 11

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Project Applicant Community and
Economic
Development
Department /
Public Works
Department
During the first
phase of
construction,
prior to
performing any
excavation or
grading
activities

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

Mitigation Monitoring and Reporting Program Page 13

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

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

Project Applicant Public Works
Department
Prior to final
building
permits

TR-2 Pay full cost to extend the left-turn
capacity up to 169 feet at the
intersection of West Street and
Chapman Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits

TR-3 Pay full cost to extend the left-turn
capacity up to 105 feet at the
intersection of Harbor Boulevard and
Lampson Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits

Mitigation Monitoring and Reporting Program Page 14

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

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

Project Applicant Public Works
Department
Prior to final
building
permits

TR-5 Pay full cost to extend the left-turn
capacity up to 381 feet at the
intersection of Harbor Boulevard and
Trask Avenue.

Project Applicant Public Works
Department
Prior to final
building
permits

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

Mitigation Monitoring and Reporting Program Page 15

IDENTIFIED
IMPACT MITIGATION MEASURES/PDFs

MONITORING VERIFICATION
Implementation
Entity
Monitoring and
Verification
Entity
Timing
Requirements Signature Date
state in compliance with all
applicable laws. Work in the vicinity
of the discovery (15-meter radius)
will halt until the appropriate
assessment and treatment of the
resource is determined in
consultation with Native American
parties (work can continue
elsewhere on the project site).

FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-1
4 Supplemental Mitigation Monitoring
and Reporting Program

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

This Supplemental Mitigation Monitoring and Reporting Program (MMRP) was developed in compliance with PRC Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines (14 CCR 15000– 15387), and includes the following information:
▪ A list of mitigation measures
▪ The timing for implementation of the mitigation measures ▪ The party responsible for implementing or monitoring the mitigation measures ▪ The date of completion of monitoring
The City of Garden Grove must adopt this Supplemental MMRP, or an equally effective program, if it approves the proposed Site B-2 Hotel Project (Project) with the mitigation measures that were adopted or made conditions of Project approval.

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

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

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

In addition, the Project shall limit air compressors used during the architectural coating/painting phase to equipment that is electric- powered Compliance shall be demonstrated through equipment lists, rental records, and weekly logs and shall be summarized in a post- construction compliance memo for the Supplemental Mitigation Monitoring and Reporting Program (Supplemental MMRP) file. (CAPCOA Measure C-1-A)
Prior to the issuance of
building permits
City of Garden
Grove

MM-GHG-2: Construction Office Energy Efficiency. Prior to issuance of building permits, the Applicant or designee shall submit documentation to the City of Garden Grove that temporary construction field office(s) are equipped with energy efficient lighting such as compact fluorescent or LEDs and that heating and cooling units are Energy Star certified.

Prior to the issuance of
building permits
City of Garden
Grove

MM-GHG-3: Construction Debris Recycling. Prior to the start of construction, the Project’s contractor shall develop a Construction Waste Management Plan (Plan) for submittal and approval to the City Prior to the start of
construction
City of Garden
Grove

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-3
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measure s/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
of Garden Grove. The Plan shall recycle or salvage non-hazardous construction debris including but not limited to wood, metal, concrete, asphalt, and other reusable materials generated during construction activities. The contractor shall implement the Plan to achieve a minimum diversion target of 75% of non-hazardous construction and demolition debris from landfills, exceeding the City’s current 65% diversion requirement. (CAPCOA Measure S-4)
MM-GHG-4: Electric Vehicle Charging Infrastructure. Prior to issuance of building permits, the Project Applicant or designee shall submit a site plan to the City of Garden Grove for approval noting the location of electric vehicle infrastructure and charging stations. Prior to issuance of the final certificate of occupancy, the Project Applicant or designee shall provide electric vehicle (EV) charging infrastructure within the Project site as required by the applicable California Green Building Standards Code, but that, at a minimum, meets or exceeds 2022 California Green Building Standards Code Tier 2 standards. Tier 2 requires approximately 225 parking spaces to be EV capable, and 75 spaces to be equipped with EV Supply Equipment (EVSE). The Project shall install a minimum of 225 EV capable spaces and 100 EVSE spaces. (CAPCOA Measure T-14)
Prior to the issuance of
building permits
City of Garden
Grove

MM-GHG-5: Guest Vehicle Trip Reductions. Prior to issuance of building permits, the Project Applicant shall submit a site plan to the City of Garden Grove for approval identifying where pedestrian and bicycle connections to adjacent facilities will be provided and where bicycle parking spaces will be provided. The City shall verify the inclusion of pedestrian and bicycle infrastructure prior to the issuance of the final certificate of occupancy. The Project Applicant or designee shall ensure that, at a minimum, the following trip reduction measures are implemented during Project operations to reduce the number of auto-based trips generated by the Project and to encourage the use of transit, bicycling, and walking.

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

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

MM-GHG-7: Building Energy Efficiency Measures. Prior to issuance of building permits, the Project Applicant or designee shall submit documentation of building energy efficiency measures to the City of Garden Grove, such that a minimum of 15% above 2022 Title 24 Building Envelope Energy Efficiency Standards is achieved. Energy efficiency measures shall include, at a minimum, the following:

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

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

3. HVAC Optimization – The HVAC system shall include the following:
a. Electric heat pumps will be used for space heating and domestic hot water, with all systems integrated and monitored by the Project Building Management System for performance optimization, fault detection, and energy tracking.

Prior to the issuance of
building permits
City of Garden
Grove

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-6
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b. Smart thermostats, which include a motion sensor detector and door/window open sensors, will be installed in each guest room.
c. The central plant will utilize a Combination Plant with SmartPlate EV

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

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

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

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

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

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

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

Prior to the issuance of
building permits
City of Garden
Grove

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-7
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Completion
▪ Low-sloped roofs (≤ 2:12 pitch):
- Aged Solar Reflectance (SR) ≥ 0.63
- Thermal Emittance (TE) ≥ 0.75
- Or Solar Reflectance Index (SRI) ≥ 75
▪ Steep-sloped roofs (> 2:12 pitch):
- Aged SR ≥ 0.20
- TE ≥ 0.75
- Or SRI ≥ 16
▪ Cool Deck Surfaces:

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

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

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

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

In addition, if the hotel/operations qualify as a covered edible food generator, the Project will contract with a food recovery organization/service and keep required records. If not covered, the Project will evaluate a partnership during operator onboarding and implement if feasible.
(CAPCOA Measure S-1/S-2) (CAPCOA Measure S-3 is a qualitative measure in CalEEMod and is not quantified in the operational analysis)
MM-GHG-12: Zero Emission Landscape Equipment. During Project operations, the Project Applicant or designee shall ensure zero- emission landscape equipment (defined as equipment that does not emit tailpipe emissions during operation) is utilized. The Project Applicant or designee shall be responsible for ensuring that all During operations City of Garden
Grove

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-11
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Date of
Completion
landscape maintenance contractors and staff comply with this measure. All landscape maintenance activities associated with the Project shall utilize zero-emission landscaping equipment, such as electric-powered or battery-operated tools. This requirement applies to all landscaped areas within the Project site, including but not limited to courtyards, green spaces, perimeter landscaping, and rooftop gardens. The requirement shall be implemented prior to the commencement of landscape maintenance operations. To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

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

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

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

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

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

Prior to the issuance of
building permits
City of Garden
Grove

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

Prior to the issuance of
mechanical permits
City of Garden
Grove

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-13
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measure s/Project Design Features Implementation Timing Agency
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Monitoring Initials
Date of
Completion
To meet or exceed the performance standard, the Project may implement a combination of the following strategies:

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

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

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

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

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

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

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

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

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

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

4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-15
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emission offsets shall also be subject to the same quantification, performance standards, and requirements set forth below.

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

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

Operation
The estimated operational emissions are 7,408.02 MT CO2e. To mitigate operational emissions below the 1,400 MT CO2e per year threshold, the Project would purchase and retire one lump sum of 180,270.60 MT CO2e of offsets (7,408.02 MT CO2e − 6,009.02 [offsets] = 1,399 MT CO2e remaining); 6,009.02 MT CO2e × 30-year life = 180,270.60 MT CO2e; or that same total amount of credits in increments over the 30 years. The following schedule provides the estimated offset emissions and dates of compliance under the scenarios where credits are purchased and retired in a lump sum or on an annual basis.
4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-16
Scenario
Offsets
Required
(MT CO 2e)
Purchase and Retirement
Deadline
Lump sum 180,270.60 Prior to issuance of certificate of occupancy
Annual basis
30-year term
6,009.02 Prior to issuance of certificate of
occupancy for Year 1 and
December 31 of preceding year
Notes: MT CO2e = metric tons of carbon dioxide equivalent; N/A = not applicable.

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

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

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

1. Adherence to established GHG accounting principles set forth in the International Organization for Standardization (ISO) 14064, 4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-17
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Completion
Part 2 or the World Resources Institute/World Business Council for Sustainable Development (WRI/WBCSD) Greenhouse Gas Protocol for Project Accounting; and

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

1 https://climateactionreserve.org/wp-content/uploads/2024/04/Reserve-Program-Manual-v9.2.pdf. 2 https://climateforward.org/wp-content/uploads/2021/12/Climate-Forward-Program-Manual-December-2021_12-FINAL.pdf. 4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-18
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Removals3 (July 2023); and Verra’s VCS Standard, Program Guide4 (August 2023), and Methodology Requirements5
(October 2023).

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

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

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

2. “Real” means that the GHG reduction underlying the carbon offset results from a demonstrable action or set of actions, and is quantified under the protocol or methodology using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources and sinks within the boundary of the applicable carbon offset project, uncertainty, and the potential for activity-shifting leakage and market-shifting leakage.

3 https://acrcarbon.org/wp-content/uploads/2023/10/ACR-Standard-v8.0.pdf. 4 https://verra.org/documents/vcs-program-guide-v4-4/. 5 https://verra.org/documents/vcs-methodology-requirements-v4-4/. 4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-19
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3. “Verifiable” means that the GHG reduction underlying the carbon offset is well documented, transparent, and set forth in a document prepared by an independent verification body that is accredited through the American National Standards Institute (ANSI).

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

5. “Quantifiable” means the ability to accurately measure and calculate the GHG reduction relative to a project baseline in a reliable and replicable manner for all GHG emission sources and sinks included within the boundary of the carbon offset project, while accounting for uncertainty and leakage.

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

The City has reviewed and determined that methodologies and protocols established by American Climate Registry, Climate Action Reserve, and Verra establish and require carbon offset projects to comply with standards designed to achieve additional, real, permanent, quantifiable, verifiable, and enforceable reductions.

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

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

Monitoring, Reporting, and Enforcement Standards
Prior to the timeline identified in the initial section of this mitigation measure, the Project Applicant or its designee shall submit documentation in the form of a report to the City that identifies the quantity of emission reductions required by this mitigation measure, as well as the carbon offset proposed for acquisition to achieve compliance with this measure. For purposes of demonstrating that each offset is additional, real, permanent, quantifiable, verifiable and enforceable, the reports shall include: (i) the applicable protocol(s) and methodologies associated with the carbon offsets, (ii) the third- party verification report(s) and statement(s) affiliated with the carbon offset projects, (iii) the unique serial numbers assigned by the registry(ies) to the carbon offset, which serves as evidence that the registry has determined the carbon offset project to have been implemented in accordance with the applicable protocol or methodology and ensures that the offsets cannot be further used in any manner, and (iv) the carbon offset meets the locational attributes

6 For purposes of this provision, offset credits will be deemed “unavailable” if they are either unobtainable generally from the CARB accredited registries, or if on a per-unit basis if such a credit is otherwise available: (a) for offset credits within the City of Garden Grove, more than 2 times as costly as offset credits within the County of Orange, but not within the City of Garden Grove; (b) for offset credits within the County of Orange, more than 5 times as costly as offset credits within California, but not within the County of Orange; or (c) for offset credits within the United States, sufficient offset credits within California are not available for purchase at any cost. 4 – SUPPLEMENTAL MITIGATION MONITORING AND REPORTING PROGRAM FINAL SUPPLEMENTAL EIR FOR SITE B-2 HOTEL PROJECT 16294 MAY 2026 4-21
Table 4-1. Supplemental Mitigation Monitoring and Reporting Program Mitigation Measure s/Project Design Features Implementation Timing Agency
Responsible for
Monitoring Initials
Date of
Completion
as specified by this mitigation measure and verified through a market survey report prepared by a carbon offset broker that identifies the carbon registry listings reviewed for carbon offset availability, including the related date of inquiry.

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

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

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

During construction City of Garden
Grove

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

During construction City of Garden
Grove

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

During construction City of Garden
Grove

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

During operations. City of Garden
Grove

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

During operations City of Garden
Grove

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

During operations City of Garden
Grove

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

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

During construction City of Garden
Grove

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

Prior to project opening City of Garden
Grove

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

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

City of Garden
Grove

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

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

Prior to project opening. City of Garden
Grove

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

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

City of Garden
Grove

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

EXHIBIT “C”

PERFORMANCE STANDARDS

Planned Unit Development No. PUD-141-01(A)

The following performance standards shall apply as conditions of approval to any future hotel resort development and/or subdivision of property covered by this Planned Unit Development. These performance standards were originally adopted in 2022 and modified in 2026. The 2026 modifications to the original 2022 standards are shown with deletions shown in strikethrough, and with additions shown in bold- italics-underline:

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

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

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

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

4. The project is subject to the Mitigation Monitoring and Reporting Program adopted by the City Council as part of the Mitigated Negative Declaration and the Supplemental Environmental Impact Report adopted by the City in conjunction with Planned Unit Development No. PUD-141-01(A). In order to assist the City to verify that all required project mitigation measures and project design features are complied with in a timely manner, a project-specific mitigation-monitoring program for monitoring all applicable p roject-related mitigation measures shall be prepared by the developer/applicant and approved by the Planning Services Division prior to issuance of building permits. Said mitigation monitoring program shall be implemented during project construction through completion. The developer shall provide the City with a quarterly report demonstrating adherence to all mitigation measures.

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

5. The project shall comply with the following project design features (PDF) identified in the Mitigated Negative Declaration and the Supplemental Environmental Impact Report:

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

2 Construction PDFs

PDF-1 Prior to starting construction, the project applicant shall submit a Construction Management Plan to the City of Garden Grove that specifies how all construction design features will be
implemented.

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

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

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

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

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

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

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion control.

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

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

10. Pave or provide construction access roads at least 100 feet onto the site from the main road and use gravel aprons at truck exits.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

3 11. Replace the ground cover of disturbed areas as quickly possible.

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

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

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

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

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

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

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

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

Operational PDFs

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

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

PDF-13 The project applicant must install an eight (8) foot high masonry block noise barrier wall along the western and northwestern property line. The property line wall will be constructed using Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

4 masonry block and the barrier’s weight must be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) must be filled with grout or caulking to avoid flanking.

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

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

PDF-16 A minimum eight (8) foot high noise barrier shielding wall should be installed and maintained along all sides of the perimeter of the outdoor patio and pool deck area on level six (6) to shield noise associated with pool activities. The barrier’s weight should be at least 3.5 pounds per square foot of face area without decorative cutouts or line-of-site openings between the shielded areas and the project site. All gaps (except for weep holes) should be filled with grout or caulking to avoid flanking. Noise control barrier may be constructed using one, or any combination of the following materials:

• Masonry block

• Stucco veneer over wood framing (or foam core), or 1-inch thick tongue and groove wood of sufficient weight per
square foot; and/or

• Transparent glass (5/8 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot.

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

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

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

5 pool deck and directed inwards towards the pool or lazy river area.

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

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

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

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

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

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

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

PDF-25 The project must comply with the California Title 24 Sound Transmissions requirements for exterior walls, roofs, and common separating assemblies (e.g., floor/ceiling assemblies and demising walls).

a. Walls, partitions, and floor -ceiling assemblies separating sleeping units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50, or not less than 45 if field tested.

b. Floor-ceiling assemblies between sleeping units shall have an impact insulation class (IIC) rating of not less than 50, or not less than 45 if field tested.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

6 c. Interior noise levels due to exterior sources shall not exceed a c ommunity noise equivalent level (CNEL) or a
day-night level (LDN) of 45 A -weighted decibel (dBA), in any habitable room.

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

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

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

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

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

Public Works Engineering Division

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

7. The applicant shall receive approval of a subdivision map (Tentative Tract Map) in order to reconfigure the project site prior to submitting any type of construction plans to the City of Garden Grove.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

7 8. The project main entrance shall be aligned with the future hotel development project (Site C) across Harbor Boulevard per approved traffic study. The applicant shall coordinate with the Engineering Division to obtain approved street improvement plans and signal/striping plans. Unless otherwise agreed in writing by the City and approved by the City Council, as recommended in the Site “B2” Hotel Traffic Impact Study prepared for the Project by RK Engineering Group, Inc., dated April 27, 2022 (“Traffic Study”), t he applicant shall make a fair-share contribution to the costs to install a traffic signal at the project main entrance. Provided the Site C project at the northeast corner of Harbor Boulevard and Twintree Lane is developed and the traffic signal installed prior to construction of the subject project, the applicant’s fair share contribution shall be fifty percent (50%) of the total cost to design, purchase, and install the traffic signal, as reasonably determined by the City Engineer.

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

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

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

8 landscaping, median improvements, irrigation and other improvements.

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

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

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

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

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

15. Median Design and Opening Spacing shall be in accordance with City’s Traffi c Policy & Procedures TE-11.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

9 16. Raised Median Design shall be in accordance with City’s Traffic Policy & Procedures TE-64 and City’s Standard B-128 and B-132.

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

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

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

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

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

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

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

24. The applicant shall comply with the following improvements and recommendations of the approved Traffic Study:

a. The applicant shall coordinate with the City of Anaheim to determine if the project is required to make a fair -share contribution to extend the left-turn capacity up to 266 feet of Har bor Boulevard/Orangewood Avenue.

b. Unless otherwise agreed in writing by the City and approved by the City Council, t he applicant is responsible for full cost t o extend the southbound left-turn capacity up to 169 feet at the intersection of West Street/Chapman Avenue.

c. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the eastbound left-turn capacity up to 105 feet at the intersection of Harbor Boulevard/Lampson Avenue.

d. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the northbound left-turn capacity up to 133 feet at the intersection of Haster Street/Lampson Avenue.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

10 e. Unless otherwise agreed in writing by the City and approved by the City Council, the applicant shall be responsible to pay full cost to extend the southbound left -turn capacity up to 381 feet at the intersection of Harbor Boulevard/Trask Avenue.

f. The applicant shall improve the walkability and design of the project by providing pedestrian and bicycling connections within the project site and to adjacent off -site facilities (i.e., sidewalk, crossw alk, wayfinding signage, etc.).

g. The applicant shall provide traffic calming measures (i.e., marked crosswalk, raised crosswalk, raised intersections, count -down signal timers, curb extensions, speed tables, median islands, tight corner radii, roundabouts or mini-circles, on-street parking, planter strips with street trees, chicanes/chokers, etc.).

h. The applicant shall provide secure on -site bicycle racks and provide bicycle rentals for hotel guests.

i. The applicant shall provide transit/shuttle service for guests to local area attractions. The shuttle service shall operate on a regular basis and be offered to all guests staying at the hotel.

j. Hotel management/concierge shall provide information that promotes walking, bicycling and public transit options to nearby attractions. This should include information on local bus routes and schedules, and wayfinding, to the existing transit stops along Harbor Boulevard.

k. The applicant shall ensure adequate radius is provided for appropria te vehicles (fire trucks, buses, limousines, trash trucks, etc.) to navigate the project access and roundabout.

l. The project shall provide adequate drive aisle and lane widths.

m. Parking spaces should not be located near or within the roundabout. If absolutely necessary, the spaces near the roundabout should be valet- operated and used for long -term parking. In any case, adequate clearance and space should be provided for veh icles navigating the roundabout.

n. The entrance roundabout should be designed appropriately and per engineering standards for roundabouts, including geometric elements such as Center Island, travel lanes, deflections and inscribed circles.

Appropriate design needs to be considered and implemented for all appropriate modes of transportation including pedestrian and bicycles.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

11 o. The applicant shall p rovide appropriate and adequate wayfinding and signage for drivers to easily navigate the entrance and exit.

p. During times of high activity for the project and/or the adjacent Sheraton Hotel , the applicant shall provide adequate valet staff and means to ensure traffic does not spill back onto the roundabout or Harbor Boulevard and impede the flow of vehicles.

q. Prior to final circulation design, the applicant shall provide detail plans, including drive aisle dimensions and roundabout details, for review by a registered traffic engineer.

Building and Safety Division Services Division

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

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

Orange County Fire Authority (OCFA)

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

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

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

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

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

30. A Fire Protection Engineer (FPE) of Record shall be hired for this project. The FPE shall review the preliminary plans, which will be drawn by the Architect of Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

12 Record, and shall determine if there are any design problems that may prevent fire life-safety systems from being designed and installed in a code compliant way. The FPE shall also determine the type of smoke-control system that will be most appropriate for this project and confirm that a smoke control system design will be feasible, given the challenges, which are unique to this project.

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

Planning Services Division

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

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

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

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

35. If any required parking spaces that serve the adjacent hotel development, the Sheraton Hotel at 12221 Harbor Boulevard, are removed to accommodate the proposed project, the applicant shall ensure that the parking spaces are Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

13 relocated and placed on the adjacent hotel project site to continue to serve the existing hotel. The Community Development Department shall review and approval the location of all new parking spaces.

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

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

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

38. All lighting structures shall be placed so as to confine direct rays to the subject property. All exterior lights shall be reviewed and approved by the City's Planning Services Division. Lighting adjacent to residential properties shall be restricted to low decorative type wall -mounted lights, or a ground lighting system. Lighting shall be provided throughout all drive aisles and entrances to the development per City standards for street lighting. Lighting in the common areas shall be directed, positioned, or shielded in such manner so as not to unreasonably illuminate the window area of nearby residences. The applicant shall also submit a site specific light and glare study for review and approval by Community Development Department prior to issuance of building permit.

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

40. During construction, if paleontological or archaeological resources are found, all attempts will be made to preserve in place or leave in an undisturbed state in compliance with applicable law. In the event that fossil specimens or cultural resources are encountered on the site d uring construction and cannot be preserved in place, the applicant shall contact and retain, at applicant’s expense, a qualified paleontologist or archaeologist, as applicable, acceptable to the City to evaluate and determine appropriate treatment for the specimen or resource, and work in the vicinity of the discovery shall halt until appropriate assessment and treatment of the specimen or resource is determined by the paleontologist or archeologist (work can continue elsewhere on the project site). Any mi tigation, monitoring, collection, and specimen/resource treatment measures recommended by the paleontologist/archaeologist shall be implemented by the applicant at its own cost.

Exhibit “C” Page
Planned Unit Development No. PUD-141-01(A)
Performance Standards

14 41. The applicant shall comply with the Migratory Bird Treaty Act (MBTA), and Sections 3503, 3503.5 and 3515 of the California Fish and Game Code, which require the protection of active nests of all bird species, prior to the removal of any on-site landscaping, including the removal of existing trees.

42. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, or proceeding against the Cit y, its officers, agents, employees and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision-making body, or City staff action concerning the Project, including, but not limited to, Planned Unit Development No. PUD -141-01(A), the associated Mitigation Monitoring and Reporting Program for the Project, and/or any land use permit approved by the City to facilitate development of the Project. The applicant shall pay the City’s defense costs, including attorney fees and all other litigation related expenses, and shall reimburse the City for court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award, which may issue against the City including, but not limited, to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein.

MEMORANDUM
To: Priit Kaskla, AICP, Senior Planner (City of Garden Grove) From: Elena Nuno, Sabita Tewani, and Jennifer Reed (Dudek) Subject: Response to UNITE HERE Local 11 Comment Letter dated June 9, 2026 (Channel Law Group LLP): Site B-2 Hotel Project (Nickelodeon Hotel Resort) Final Supplemental EIR (SCH No. 2022060174)/PUD-141-01(A)/SP-107-2022 (Rev. 2026) Date: June 23, 2026

Introduction
This memorandum sets forth the City of Garden Grove’s (City’s) responses to the supplemental comment letter submitted on June 9, 2026 (June 9 letter), by Channel Law Group LLP on behalf of UNITE HERE Local 11 (Commenter) regarding the Final Supplemental Environmental Impact Report (Final SEI R) for the Site B -2 Hotel Project (Project).

The Final SEIR has been prepared consistent with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the February 13, 2024, Stipulated Writ of Mandate (Writ) entered in Perez et al. v. City of Garden Grove et al. , Orange County Superior Court Case No. 30 -2022-01281816-CU-WM-CXC. The underlying Mitigated Negative Declaration (MND) was challenged, and that challenge was resolved by the Writ, which is attached as an appendix to the Final SEIR. Consistent with the Writ and CEQA, the Draft and Final SEIR (SEIR, where discussed together in this memorandum) included a focused review of the Project’s potentially significant greenhouse gas (GHG) emissions and vehicle miles traveled (VMT) impacts and the related topics addressed in the Final SEIR. CEQA and the Writ require nothing further.

The Commenter’s supplemental letter was received on June 9, 2026, the day of the City Council hearing, approximately 5 hours before the hearing commenced. The public comment period on the Draft SEIR closed on November 6, 2025. Although not required by CEQA, the following responses are provided by Dudek, the City’s consultant on the SEIR, for the City Council’s consideration along with the remainder of the Project reco rd of proceedings.

The June 9 letter largely repeats, expands upon, or reframes comments submitted during the public review period, including the November 6, 2025, letter and the May 7, 2026, letter submitted on the day of the Planning Commission hearing. The letter does not identify significant new information requiring recirculation under CEQA Guidelines Section 15088.5, nor does it constitute substantial evidence supporting the author’s CEQA related arguments.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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Responses to Comments
I. Project Description —Information Necessary for GHG and VMT Review
Comment
The Commenter argues that the SEIR’s Project Description lacks the information necessary for informed public comment on the GHG and VMT analyses, citing square footage and use labels on the Project Pl ans, the building square footage used in the analysis, the treatment of the water park features, and the need for recirculation.

Response
The SEIR provides an adequate, stable, and finite Project Description for CEQA purposes. The SEIR identifies the site area, the number of hotel rooms, the hotel and amenity square footage, the parking garage square footage, the total building area, the maximum building height, the pool deck height, and the parking supply, and describes the Project as a 500-room resort hotel with guest amenities including a themed pool experience with lazy river, a theater, a ballroom, meeting rooms, food and beverage spaces, themed amenities, an arcade, and a spa/fitness center. CEQA requires a good faith effort at full disclosure. The SEI R complies by providing the level of detail appropriate and reasonable given the concept (not construction permitting) level of approval before the City.

Ancillary uses such as restaurants, meeting rooms, entertainment spaces, and fitness areas were includ ed in the hotel building square footage because they are guest -serving amenities rather than independently operated features that will independently generate users beyond those staying at the Project. See Final SEIR, Chapter 3, Responses to Comments Received, Responses O2-5 through O2-10.

I.A. Square Footage and Use Labels on the Project Plans The criticisms in this comment are directed at the Project Plans , the December 2020 Preliminary Plan Review drawings the Commenter retrieved from the City’s website. CEQA’s adequacy standard applies to the environmental document: whether the EIR ’s project description provides enough information to evaluate the Project ’s environmental impacts. The SEIR is not required to reproduce every plan sheet or every room -by-room square footage calculation, or to model each branded area (for example, “Nosh” or “kNick kNacks”) as a separate land use. The use of branded or themed labels on architectural drawings does not render the SEIR inadequate where the SEIR discloses the operative land use elements and analyzes the Project as a whole. Because the ancillary uses are only available to hotel guests, as previously addressed in comments raising the same arguments, the methodology utilized in the SEIR complies with CEQA. Furthermore, g iven the methodology used in the GHG emissions analysis, the square footage of individual hotel components is not relevant, so long as the overall square footage is applied consistently. The June 9 letter repeats the same type of methodological arguments, which do not support the Commenter’s claim that the SEIR was required to model each branded amenity as a separate independent land use. See Final SEIR Chapter 3, Responses to Comments Received, Response O2-7.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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I.B. Building Square Footage Used in the Analysis
The GHG and VMT analyses use different square-footage totals by design. The GHG emissions analysis incorporates the below-grade parking (to capture associated energy use such as lighting and ventilation) and the pool’s energy demand within the Californi a Emissions Estimator Model (CalEEMod) modeling. The VMT analysis excludes the below-grade parking because it is only available to hotel guests and therefore does not separately generate vehicle trips or VMT. Rather than being a conflict, the SEIR’s though tful and expert-supported analysis demonstrates why the SEIR complies with CEQA. The figures reconcile: the 691,693-square-foot total program (the hotel, inclusive of the pool, plus the parking garage), plus 52,206 square feet of below -grade parking, less the 24,980-square-foot pool area accounted for separately, yields the 718,919-square-foot modeled building area used in CalEEMod. The modeled square footage conservatively exceeds the building square footage shown on the Project Plans. The Commenter’s assertion that specific areas were omitted relies on the Commenter’s own interpretation of selected plan excerpts rather than the Project Description and technical modeling included in the SEIR; under CEQA, the City must disclose its analytic route and rely on substantial evidence; it is not required to adopt the methodology preferred by a commenter nor the isolated, out-of-context arguments presented in the June 9 letter.

The Commenter’s contention that the analysis omits 101,900 square feet of “Circulation” area is similarly mistaken:
on review of the Project Plans, that area is outdoor circulation area, such as pedestrian paths. Again, the Project’s outdoor circulation will not separately generate users beyond the hotel guests. Operation of o utdoor circulation areas does not separately generate its own GHG emissions, because it is not building floor area that increases capacity beyond that analyzed in the SEIR’s CalEEMod based operational modeling.

The Commenter’s assertion that the Project Description omits portions of the building from the square footage is also incorrect. By way of example, see Responses to Comments O2 -7 and O2 -8 for a discussion of the Project elements and methodologies utilized in t he SEIR analysis. The authors of the SEIR used the Project information shown in Table 1 to form the basis of their analysis, consistent with the Project Plans.

I.C. Water Park Features
The Commenter is expressing an opinion about the City’s methodology and has not provided any substantial evidence in support of that opinion.

Contrary to the Commenter’s assertion, the WSA accounted for the Project’s water demand and supply requirements for the pool and lazy river, as indicated in Table 3.1 of the WSA. Specifically, as noted in footnote 3 of Table 3.1, the demand was based on losses of 0.25 inches per day, including evaporative losses, bather splash, filter backwashing, and general maintenance. The SEIR discloses the themed pool experience and lazy river as components of the Project, and overall employee estimates and the CalEEMod land use table demonstrate that GHG emissions associated with the water park features were calculated and included in the operational emission estimates. Water-feature energy and water demand were incorporated through project-specific inputs, including the WSA and applicant-provided water volumes for the pool and lazy river, together with a regional Southern California Edison (SCE) energy study used to estimate heating, circulation, and filtration energy. From the SCE study, the average pool heater size has an output rating of 350 thousand British thermal units per hour (kBtu/hr) for SoCalGas, 410 kBtu/hr for San Diego Gas & Electric Company, and 275 kBtu/hr for Pacific Gas & Electric Company. Although the Project is in SoCalGas territory, the larger pool heating value was applied conservatively. The pool heating

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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demand translates to 63.66 thousand British thermal units per gallon per year (kBtu/gal/year). The applicant - provided pool (588,586 gallons) and lazy river (374,000 gallons) water v olumes were multiplied by the heating demand value to arrive at 61,276,566 kBTU/year. Further, CEQA does not expect, let alone require, the level of technical engineering detail requested by the Commenter (such as pump specifications or detailed thermal calculations). The SEIR relied on technical experts to reasonably evaluate the Project based on available data specific to the Project and accepted methodologies.

I.D. Recirculation
Recirculation is not required under CEQA Guidelines Section 15088.5(a)(4). The Draft SEIR disclosed the Project, the site, the hotel program, the parking structure, the pool deck, the GHG and VMT analyses, and the mitigation measures, upon which the public, including the Commenter, submitted detailed comments addressing square footage, GHG modeling, VMT, water use, mitigation, and the Project Description. That record demonstrates that meaningful public review was not precluded. The June 9 letter presents argument, disagreement, and requests for additional detail; it does not identify a new significant impact or a substantial increase in the severity of a previously identified impact.

II. PDF-28 (Amenities Restricted to Registered Hotel Guests) Comment
The Commenter argues that the SEIR improperly relies on Project Design Feature (PDF) 28 to reduce GHG emissions, contending that the measure is vague and unenforceable because the Commenter believes the term “registered hotel guest” should be defined or the amenities subject to the restriction should be defined, and proposing revised language.

Response
PDF-28 is clear in its operative purpose: Project amenities are reserved for registered hotel guests, and day passes are prohibited. The SEIR reasonably relies on that restriction to treat the amenities as ancillary hotel uses rather than independent public attractions that would generate external trips and emissions not already evaluated as part of the hotel guest analysis. PDF-28 is incorporated into the Project’s Mitigation Monitoring and Reporting Program (MMRP), rendering it enforceable as a condition of approval.

III. Operational GHG Emissions
Comment
The Commenter argues that the SEIR understates the Project’s operational GHG emissions, by repeating opinions and arguments previously presented in the letter or variations on the same. The June 9 letter specifically mentions building area used in the model, natural gas usage, the water park features, the water usage estimate, the modeling methodology for the Project as a hotel, guest travel by long drives and by air, and food and beverage water demand.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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Response
The SEIR satisfies CEQA’s informational disclosure mandates. It discloses the Project’s significant pre -mitigation operational emissions of 7,408.02 metric tons of carbon dioxide equivalent per year, with a breakdown by source category—mobile, energy, water, solid waste, refrigerants, and stationary sources —modeled in CalEEMod with project-specific inputs reflecting the Project’s design and operational characteristics. This constitutes the facts, methodological decision making, and technical analysis CEQA requires and discloses the analytic route from inputs to conclusions. The Commenter identifies no substantial evidence-based specific modeling error, omitted emission source, or inappropriate methodology. The letter offers alternative assumptions, methodologies, and recalculations, which do not invalidate the SEIR’s analysis supported by substantial evidence and qualified expert opinion. CEQA assigns to the City the discretion to identify a threshold of significance supported by substantial evidence. Utilizing a conservative approach, the SEIR evaluated the Project against the South Coast Air Quality Management District’s lowest potentially applicable threshold of carbon dioxide equivalent (CO 2e) per year. Contrary to the Commenter’s opinion, CEQA does not require a project to reduce GHG emissions to zero or to fully offset all emissions; Mitigation Measure (MM) GHG-15 requires the purchase and retirement of verified carbon offsets. As addressed in the SEIR and the City Council adopted CEQA findings, the City conservatively determined to treat the Project’s GHG emissions impacts as significant and unavoidable even though the Project must implement the carbon offset measures specified by MM-GHG-15. CEQA permits the City to approve the Project with significant and unavoidable impacts because the SEIR complies with CEQA’s information disclosure requirements and the findings include a statement of overriding considerations supported by substantial evidence (CEQA Guidelines Section 15093).

The Commenter’s contention that the SEIR cannot support a statement of overriding considerations is derivative of its claim that the Project’s GHG emissions are understated. Because the underlying understatement claims are based on argument, opinion, and speculation and are not established by substantial evidence, the statement of overriding consideration contentions equally fail.

III.A. Building Area in the GHG Emissions Model
The GHG emissions analysis is based on CalEEMod, a statewide-accepted model, and incorporates project-specific inputs to refine default assumptions, including energy demand, water usage, and operational characteristics. The model reasonably evaluates the Project as a resort hotel with an associated parking structure and guest -serving amenities. The methodology is consistent with CEQA requirements and is supported by substantial evidence. As addressed earlier in this response and in the findings and Final SEIR, the Commenter’s claims that circulation or support areas were not properly evaluated as part of the SEIR is not established by substantial evidence. See prior responses re: same.

III.B. Natural Gas Usage
The comment misinterprets the CalEEMod results, relies on unsupported assumptions, and inappropriately compares the SEIR analysis to prior, superseded modeling that is no longer applicable to the Project.

The SEIR does not omit natural gas usage. The CalEEMod modeling accounts for total operational natural gas demand across all Project components. The 73,322,792 thousand British thermal units (kBTU) per-year value cited by the Commenter is the total modeled natural gas consumption for the entire Project, inclusive of all applicable

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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Project uses. The pool-heating demand of 61,276,566 kBTU per year was incorporated as a project-specific input to reflect the characteristics of the large themed water features, while the remaining consumption reflects all other hotel uses, including guest rooms, restaurants, spa, and back-of-house functions, as calculated by CalEEMod based on building area, land use type, and energy intensities. There is no omission of hotel or accessory uses, as the letter opines.

The Commenter’s comparison to the 2022 MND GHG study is inapt: although the Project components have not materially changed, in response to and consistent with the Writ, the GHG emissions analysis was fully updated using refined information and current CalEEMod assumptions and emission factors, which supersede the earlier modeling The updated analysis appropriately evaluates the Project as a unified hotel resort rather than disaggregating individual branded or ancillary components, consistent with how such projects operate and how emissions are generated. This approach provides a more accurate and representative assessment of overall energy demand and GHG emissions. In addition, the analysis incorporates conservative assumptions for energy use associated with features such as water amenities, based on industry -standard factors, to ensure impacts are not underestimated. Arguments based on a comparison of the updated modeling reflected in the SEIR do not constitute substantial evidence. Further, the letter’s arguments misstate the natural gas usage assumptions and cherry pick different components from the different studies to manufacture an argument lacking in credibility and unsupported by either study.

The Commenter’s contentions regarding additional natural gas usage for pool -deck heaters is speculative and unsupported by the Project Description. CEQA requires analysis based on reasonably foreseeable and evidentiarily supported project characteristics. The Commenter provides no substantial evidence demonstrating that any alleged differences would result in a meaningful increase in GHG emissions or alter the SEIR’s conclusions.

III.C. Water Park Feature GHG Emissions
As a threshold matter, the June 9 letter raises, for the first time, a challenge to the WSA. Such a challenge is barred by the terms of the Writ and relevant principles of law. Neither CEQA nor the Writ required the City to reopen or redo the WSA’s water -demand determinations when preparing the SEIR for the Project. Any claims regarding the sufficiency of the WSA, including the Project’s water-demand baseline and the comparability of the hotels used to derive it, were waived and are now barred. Nonetheless, as addressed below with respect to the specific issues raised, the letter’s contentions and arguments lack merit.

III.C.1. Water Park Features
The GHG emissions analysis accounts for the energy demands of the Project’s water features, including circulation, filtration, and operation, using project -specific data from the WSA and applicant -provided water volumes for the pool and lazy river, applied with industry standards and the SCE energy study and incorporated into CalEEMod.

Electricity use for pumps and related systems and water demand, including evaporation, are reflected in the model’s energy and water calculations. The Commenter’s request for pump -by-pump and heater -by-heater specifications exceeds what CEQA requires in terms of good faith efforts at full disclosure. Details of that nature at the entitlement stage are not required by CEQA to perform a CEQA compliant analysis. Mechanical design details for the Project are addressed through building-permit review, code compliance, and mitigation implementation, just as occurs with any other development subject to CEQA.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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III.C.2. Water Usage and Comparison Hotels
The Commenter’s contention that the Project’s water usage is understated rests on its disagreement with the comparison hotels and demand factors in the WSA. As explained previously, the WSA’s water -demand determinations were established in the underlying proceeding and a methodological challenge now is outside the scope of CEQA and the Writ. The City properly relied on the adopte d WSA figures as inputs to the GHG emissions analysis and was not required to reopen the water-demand study.

The SEIR relies on the WSA prepared by Psomas, a qualified expert in water demand and supply analysis, using accepted professional methodologies and standards to develop a reasonable estimate of Project water use. The use of comparative hotel data and per-room demand factors is consistent with the practice of the water experts at Psomas when forecasting water demand in the absence of operational data for a not-yet-constructed project.

The Commenter offers speculative assumptions and an alternative methodology, neither supported by technical experts nor presenting substantial evidence about the Project . An EIR is not required to achieve perfection or account for every hypothetical variation a commenter might imagine. The City is also not permitted to engage in the type of speculation the June 9 letter offers as the basis for CEQA compliant analysis; rather, it must provide a good- faith effort at full disclosure based on the information reasonably available.

III.D. Modeling of the Resort Hotel
The letter mischaracterizes the SEIR’s analysis and the substantial evidence supporting the SEIR’s evaluation of the Project. The Project Description expressly ide ntifies the themed pool experience, lazy river, theater, ballroom, meeting rooms, food and beverage spaces, themed amenities, arcade, and spa/fitness center, and treats these features as guest -serving hotel amenities. The hotel land use category, refined w ith the project -specific inputs described above, reasonably represents the Project for purposes of estimating operational GHG emissions.

The GHG emissions analysis uses CalEEMod, a widely accepted and state -recommended model, with project - specific inputs to reflect operational characteristics, including energy demand and water use associated with the Project elements identified in the Project Description. The model does not rely solely on default assumptions that are not reflective of the Project ; rather, it incorporates available data to reasonably approximate the Project’s emissions profile. Notably, a typical hotel project would have mobile sources (guests, employee, and vendor motor vehicles) as the predominant source of emissions ; however, because the Project analysis in the SEIR used additional Project details to refine energy use from the water features, the water-related energy emissions are the predominant source of emissions for the Project. The proposed Project is not an Amusement Water Park; the proposed Project was modeled as a resort hotel with key amenities and ancillary features whose impacts were reasonably estimated.

III.E. Guest and Employee Travel (Long Drives and Air Travel) The VMT analysis was prepared consistent with the City’s adopted VMT Guidelines using the Orange County Transportation Analysis Model (OCTAM), which covers the Southern California Association of Governments region and includes statewide traffic analysis zones. The VMT analysis used in the GHG emissions analysis report accounts appropriately for both guests and employees. The origin/destination (OD) VMT estimates the Project’s service population (guests and employees) and accounts for regional travel, including trips to and from the airport, while

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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the production/attraction (PA) VMT accounts for employee commute travel. OD VMT is normalized by service population and PA VMT by number of employees; the two values (15.3 PA VMT per employee and 15.2 OD VMT per service population) are calculated using different methodologies. The comparison of the values performed by the Commenter is not technically sound or consistent with the City’s adopted VMT Guidelines nor does substantial evidence support such a methodology.

As discussed in the Final SEIR’s Response to Comment 02 -16, the adopted VMT methodology appropriately captures the Project’s travel. Regional travel by road is accounted for in the Project-generated VMT calculated by using OCTAM. OCTAM includes the Southern California Association of Governments region and also covers statewide traffic analysis zones. Because airport locations are included in the OCTAM model as special generators, trips and VMT to and from the airport are also accounted for in the OD VMT analysis.

CEQA does not require the inclusion of in-flight aircraft emissions. CEQA Guidelines Section 15064.3 defines VMT as “the amount and distance of automobile travel attributable to a project .” CEQA does not support t he June 9 letter’s request for speculative analysis of this type.

The VMT analysis was prepared by qualified experts relying on adopted VMT standards that adequately account for guest and employee travel.

III.F. Food and Beverage Water Demand
The SEIR ev aluates water -related GHG emissions, and the Commenter’s alternative methodology rests on a misapplication of the WSA and its disagreement with the WSA’s allocation of food and beverage water demand. For the reasons stated above, the WSA’s water-demand determinations are beyond challenge based on CEQA and the Writ.

The comment misinterprets the basis and intent of the WSA methodology. The use of 50% of the restaurant/food and beverage square footage is a standard and conservative approach to avoid double counting water demand that is already captured within the hotel’s guest-related indoor water use. Generally speaking, restaurant activity within a hotel is primarily driven by on-site guests and its water consumption is inherently linked to hotel occupancy rather than functioning as a fully independent, additive demand.

The Project’s hotel amenities, including restaurants, are available solely to registered hotel guests, as specified in the Project Description and further memorialized in PDF -28. This has bee n a consistent feature of the Project.

Contrary to the June 9 letter’s suggestion, this Project feature does not increase overall water demand; rather, it reinforces that food and beverage water uses are internal to the overall hotel operation. As such, applying 100% of the restaurant square footage in addition to hotel demand would overstate total water use by counting the same guest-driven demand twice. Besides the fact that methodological challenges to the WSA have been waived, t he SEIR’s methodology appropriately allocates a portion of restaurant demand as incremental while recognizing that water demand attributable to the restaurant is already captured in the hotel baseline.

Accordingly, the 93.5 AFY estimate is a reasonable and conservative projection of Project water demand attributable to the restaurant amenity, which will serve only registered hotel guests . Because the GHG emissions analysis relies on this appropriately calculated water use, and the June 9 letter’s speculation and unsubstantiated

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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arguments about water usage are not substantial evidence, the SEIR’s GHG analysis regarding this issue complies with CEQA.

III.G. Recirculation
The comment’s recirculation argument is unsupported by the evidence in the record. The SEIR accounts for the Project’s GHG-emitting components using CalEEMod with project -specific inputs, consistent with accepted methodologies and CEQA requirements. The analysis captures emissions from relevant sources regardless of how square footage is presented, and the Commenter’s arguments, opinions, speculations, and methodological disagreements are not substantial evidence demonstrating omitted emission source s or material change s. No recirculation is required.

IV. MM-GHG-10 (Water Conservation)
Comment
The Commenter argues that the SEIR relies on ineffective, illusory, and misleading mitigation, contending that MM- GHG-10 is not enforceable during operations and that it understates the water -usage baseline by shifting from a per-room to a per-capita metric, and that it therefore fails to limit emissions.

Response
MM-GHG-10 establishes a mandatory water-conservation performance standard, requiring the Project to achieve a minimum 10% reduction in the Project’s total water use compared to the baseline identified in the WSA. T he measure identifies specific, feasible strategies to achieve that result, including, by way of example, low -flow fixtures, smart irrigation systems, and greywater recycling. The measure requires submittal of a Water Conservation Compliance Report for City review and approval and is included in the MMRP, making it enforceable as part of Project approval. The requirement to submit documentation, achieve a defined reduction target, and implement identified conservation strategies constitutes a clear compliance pathway subject to review and verification. The letter is correct that MM-GHG-10 includes a typographical error where it uses the acronym GPCD (gallons per capita per day) instead of gallons per room per da y, as reflected in the prior sentence and the WSA analysis. That typographical error has been corrected in the Supplemental MMRP attached to the ordinance included with the materials the City Council is scheduled to act upon on June 23, 2026.

The Commenter’s contention that the measure is ineffective rests on the speculative assumption that the Project will not comply with the explicit measures imposed as a condition of approval of the Project. No basis in fact or the law to support the argument that the P roject will fail to comply with an adopted, enforceable mitigation measure.

CEQA does not permit a commenter to establish a significant impact, or the inadequacy of a mitigation measure, by assuming that the applicant will violate the measure. A CEQA docum ent is entitled to reach significance conclusions based on the presumption that adopted mitigation measures and conditions of approval will be implemented. To the extent the Commenter’s objections to the underlying metric and baseline depend on the WSA’s water-demand figures, those arguments were waived and are beyond challenge, as explained in Section III of this memorandum.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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IV.A. Project Operations
As explained in the prior response above, MM-GHG-10 is a performance-based mitigation measure that establishes a clear and enforceable water use reduction target and requires submission of a Water Conservation Compliance Report, including specific design features and operational strategies, for City review and approval prior to issuance of a certificate of occup ancy. This requirement ensures that the Project is constructed and equipped with water - saving infrastructure and systems capable of achieving the specified reduction in water demand.

CEQA Guidelines Section 15097 requires that mitigation measures be enforc eable through permit conditions or other mechanisms, which MM -GHG-10 satisfies through its incorporation into the MMRP. The requirement to demonstrate compliance prior to occupancy, combined with incorporation of water -efficient design features (e.g., low-flow fixtures, irrigation controls, and greywater systems), ensures that water conservation is embedded into the Project’s long-term operations.

IV.B. Water Use
As described in the WSA, reflected in the Project’s performance standard , and discussed above, MM-GHG-10 includes a typographical error. In context, MM-GHG-10’s reference to GPCD was actually referring to the number of gallons per room per day, because that was the per capita daily metric addressed in the WSA. Nonetheless, to avoid confusion, the Supplemental MMRP attached to the ordinance presented to the City Council action on June 23, 2026, corrects the typographical error by deleting the reference to GPCD a nd specifying “150.3 gallons per room per day.” This reflects the 10% reduction from 167 gallons per room per day specified in the SEIR’s analysis. The erratum does not change the underlying analysis, methodology, or conclusions of the SEIR regarding water demand or associated GHG emissions.

IV.C. Baseline Water Usage
The SEIR does not underesti mate water demand or associated GHG emissions. This comment just repeats the water usage arguments previously addressed in the June 9 letter, including the waived and time-barred arguments regarding the WSA. No further response is needed.

IV.D. MM-GHG-10
This comment merely repeats the arguments, opinions, and methodological disagreements presented earlier in the June 9 letter. For the foregoing reasons, MM-GHG-10 is enforceable, feasible, and consistent with CEQA . Further, as addressed previously, the erratum corrects the typographical error in MM-GHG-10 for purposes of avoiding the potential for confusion.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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JUNE 2026
V. Additional Mitigation Measures
Comment
The Commenter argues that the City could impose additional GHG mitigation measures, directed at the pool deck and water park features, as well as VMT reduction measures, and periodic monitoring of the Project ’s GHG emissions.

Response
This section of the June 9 letter repeats arguments made previously by counsel for Unite Here. See Final EIR Chapter 3, Responses to Comments O2-15, O2-16, O2-36, and O2-41, by way of example, for a discussion regarding CEQA and why the mitigation measures specified in the MMRP and addressed in the Final SEIR comply with CEQA. In short, CEQA requires the adoption of feasible mitigation measures that substantially lessen identified, significant adverse environmental impacts of a project. It does not require an agency to adopt every measure a commenter requests or different variations on measures already adopted, or to require mitigation when project impacts are already reduced to less than significant. The SEIR adopts a comprehensive suite of mitigation measures addressing construction emissions, electric-vehicle charging, guest vehicle trip reduction, truck trip restrictions, building energy efficiency, solar generation, water conservation, solid waste reduction, and carbon offsets. The City has considered feasible mitigation and may decline additional measures that are infeasible, duplicative, speculative, or not shown to reduce impacts to less than significant.

V.A. Pool Deck and Water Park Features
The SEIR includes feasible and effective mitigation measure s that address GHG emissions attributable to both building and operational energy use, including water features, consistent with CEQA requirements. Energy use associated with pool operations and outdoor features is accounted for in the GHG emissions analysis, and the adopted measures reflect what is feasible and supported by the Project design, Project elements, and regulatory standards. The SEIR already addresses building energy efficiency, solar generation, and operational GHG offsets.

In contrast, as wit h the other measures previously identified by counsel for Unite Here, the Commenter does not cite to substantial evidence that the suggested modifications to MM -GHG-7 and MM -GHG-13 would reduce the Project’s GHG impacts to less than significant. The Commenter’s suggested measures are variations of measures already addressed through broader electrification and efficiency strategies or represent design choices merely preferred by the Commenter. Even if implemented, these measures would result in only incremental reductions and would not materially change the Project’s overall emissions profile. Accordingly, substantial evidence does not support a conclusion that the suggested measures would reduce GHG emissions impacts to less than significant.

The comment also ignores that the Supplemental MMRP imposes the detailed carbon offset acquisition obligation in the form of MM -GHG-15 as a measure that could reduce Project GHG emissions below the threshold of significance. Consistent with CEQA’s requirements, the Final SEIR conservatively treats the Project GHG emissions impacts as remaining significant and unavoidable notwithstanding the imposition of MM -GHG-15. In fact, this disclosure of uncertainty regarding that measure is precisely what CEQA requires.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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JUNE 2026
V.B. VMT Mitigation
This comment does not acknowledge that the Supplemental MMRP imposes, and the Final SEIR identifies, feasible VMT mitigation measures and PDFs that reduce the Project’s potentially significant impacts to less than significant.

As a result, CEQA doe s not require the imposition of additional mitigation. See Final EIR, Chapter 3, Response to Comment O2-41. The comment also fails to address the substantial evidence in the record regarding the modeling and VMT analysis that demonstrates that the imposed mitigation measures will achieve the 4% reduction required to achieve a less than significant VMT impact determination. With respect to the specifics in this comment, we note that there is no requirement to provide or assume a 100% subsidy to achieve the necessary VMT impacts reduction.

A 100% transit subsidy is a policy preference rather than a CEQA requirement. MM -TRA-1 further requires the appointment of a Commute Program Coordinator to oversee on -site implementation, and MM -TRA-2 principally addresses end-of-trip bicycle facilities. Thus, the record and the law do not support the comment’s argument that the City should require an additional performance standard.

V.C. Additional GHG Monitoring
This comment again makes the argument that the City should have imposed additional monitoring of MM-GHG-15.

MM-GHG-15 is consistent with CEQA and validated practices of requiring the purchase and retirement of verified carbon offsets based on quantified emissions using accepted methodologies. MM-GHG-15 requires the purchase and retirement of verified carbon offsets and includes quantification, performance, and eligibility requirements for the offsets. See also Final EIR, Chapter 3, Responses to Comments O2 -17 and O2-53 for a discussion of similar arguments previously made by counsel for Unite Here.

VI. Adequacy of the Response to Comments
The Final SEIR provides good-faith, written responses to the timely comments received during the Draft SEIR public review period, as required by CEQA Guidelines Section 15088. A respo nse to comments must address the significant environmental issues raised. It need not provide an exhaustive response to every subpoint or accept every requested change. Argument, opinion, and speculation are not substantial evidence when, as here, they are not adequately supported or presented by credible experts in the relative field. The Final SEIR explains the basis for treating the Project’s amenities as ancillary to hotel operations and imposes appropriate measures to ensure the same. As CEQA requires, the Final SEIR, including the responses to comments, discloses the technical basis for the GHG emissions and VMT analyses, and the analytic route from the Project Description to the modeling and methodologies utilized to support the impact conclusions and mitigation.

CEQA affords the lead agency discretion to select among reasonable methodologies, and differences of opinion among experts regarding methodology do not render an EIR inadequate. The City, as lead agency, has applied accepted tools (e.g., CalEEMod and VMT modeling) and appropriate assumptions supported by substantial evidence in the record. The Commenter’s preference for alternative approaches or greater disaggregation does not demonstrate a deficiency in the analysis.

CEQA requires sufficient i nformation to enable informed decision making, not exhaustive detail at the level requested.

MEMORANDUM
SUBJECT: RESPONSE TO UNITE HERE LOCAL 11 COMMENT LETTER DATED JUNE 9, 2026 (CHANNEL LAW GROUP LLP): SITE B-2 HOTEL PROJECT (NICKELODEON HOTEL RESORT) — FINAL SUPPLEMENTAL EIR (SCH NO. 2022060174)/PUD-141-01(A)/SP-107-2022 (REV. 2026)

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JUNE 2026
The Commenter has not shown that the City failed to respond in good faith or otherwise failed to comply with CEQA.

Conclusion
For the reasons set forth above, the June 9, 2026, letter does not require the City to recirculate the SEIR or to delay a final decision on the ordinance required for the Project. The letter largely repeats or expands prior comments and presents disagreement with the City’s technical analysis performed by experts in the relevant fields, methodologies utilized and/or determinations that the record supports with substantial evidence. The arguments and opinions offered also raise issues regarding issues previously waived or outside the scope of what is required for the Project under CEQA and the Writ.