Brea City Council
March 4, 2025

City Council
Agenda
Closed Session - 6:00 p.m.

General Session - 7:00 p.m.

Tuesday, March 4, 2025, 7:00 PM

COUNCIL CHAMBERS
1 Civic Center Circle
Brea, California 92821
Blair Stewart, Mayor                                         Cecilia Hupp, Mayor Pro Tem Christine Marick, Council Member     Marty Simonoff, Council Member     Steven Vargas, Council Member This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection.

Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.gov. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing [email protected].

Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.

Special Accommodations
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II) Important Notice
The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

1. CLOSED SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:00 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property: Railroad Corridor Between Palm Street and Berry Channel. City of Brea Negotiators: Public Works Director Michael Ho and Deputy Director of Community Services Sean L. Matlock. Negotiating Party: Union Pacific Railroad Company. Under Negotiation: Price and Terms of Payment.
1D. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6.

City Representatives: Council Member Marick, Council Member Vargas and Mario Maldonado, Human Resources Manager. Unrepresented Employee: City Manager

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
2B. Pledge of Allegiance: Boy Scout Troop 707
2C. Invocation: Pastor Darcy Webster, Birch Street Friends Church 2D. Community Announcements
2E. Matters from the Audience
2F. Response to Public Inquiries

3. PUBLIC HEARING
This portion of the meeting is for matters that legally require an opportunity for public input.  Audience participation is encouraged and is limited to 5 minutes per speaker. 3A. Zoning Ordinance Text Amendment (ZOTA) No. 2024-01
— 1. Waive full reading and introduce Ordinance No. 1254 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2024-01 (Omnibus Zoning Code Update); and — 2. Approve a California Environmental Quality Act (CEQA) Exemption Determination; and — 3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting. — There is no impact to the General Fund.

4. ADMINISTRATIVE ITEMS
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."
4A. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a.

Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption. — 1. Consideration of a Revised Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) — 2. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving City staff’s recommendation for the proposed solid waste rates for residential, commercial and multi-family customers — 3. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving the Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a.

Brea Disposal)
— 4. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, find the Second Amended and Restated Franchise Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA) — 5. If none of the above Options are approved, provide further direction to City staff. — Franchise fee payments will depend upon the revenues collected after applying the rate adjustment indexes and the number of active solid waste accounts. The collected franchise fees are deposited into the General Fund (Fund 110).

5. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience." 5A. February 18, 2025 Regular Meeting Minutes
— 1. Approve.
5B. General Plan Annual Progress Report 2024
— 1. Receive and file the 2024 General Plan and Housing Element Annual Report; and — 2. Direct staff to submit the Housing Element Annual Report to the California Department of Housing and Community Development (HCD) and the Governor's Office of Land Use and Climate Innovation (LCI).
— There is no impact on the General Fund.
5C. City Disbursement Registers for February 14 and 21, 2025 — Receive and file.

6. ADMINISTRATIVE ANNOUNCEMENTS
6A. City Manager
6B. City Attorney
6C. Council Requests

7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements

8. ADJOURNMENT
8A. Meeting Adjournment
Date Posted: February 27, 2025
City of Brea
City Council Regular Meeting Communication
A. Zoning Ordinance Text Amendment (ZOTA) No. 2024-01
Meeting
Tuesday, March 4, 2025, 7:00 PM
Agenda Group
PUBLIC HEARING Item: 3A.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following action:

1. Waive full reading and introduce Ordinance No. 1254 titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2024-01 (Omnibus Zoning Code Update) (Attachment A);

2. Approve a California Environmental Quality Act (CEQA) Exemption Determination (Attachment A); and

3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.

BACKGROUND/DISCUSSION
Historically, municipal codes require periodic updates to maintain consistency with state laws, improve clarity, and better serve the public. As an effort to improve the readability and relevancy of the Brea City Code (“Code”), the City has implemented an on-going work program in 2023 to continually update the Code on a regular basis. Since the last omnibus update in March 2024, the City continued with the work program and identified several provisions of the Code that require revision due to recent shifts in policy trends, new State laws and new regulations. The primary goals of this omnibus amendment are to ensure consistency with recent state law, and modernization of the Code to align with best planning practices. If approved, the proposed amendments will be included in an omnibus ordinance updating 30 chapters of Titles 18 and 20 of the BCC.

Proposed Amendments
The proposed amendments can be categorized into seven topic areas. The following provides an overview of the proposed amendments, divided into the topic areas:

Amendment #1: Mills Act Contract
The Mills Act Program, enacted in 1972 by State Legislature, was created to encourage the preservation and rehabilitation of historic properties through economic incentives. Although the City established its Mills Act Program in 1999, the guidelines were never codified in the BCC. This amendment seeks to formally codify these guidelines under Chapter

20.60, which would clearly outline eligibility, application processes, and contract terms (i.e. length of the contract, improvement requirements, and penalties for non-compliance).

Amendment #2: Accessory Dwelling Units and SB9 (Two-Unit Development and Urban Lot Split) The State has passed several laws since 2016 to facilitate the development of Accessory Dwelling Units (ADUs), including requirements for ministerial approval of qualifying ADUs in single-family zones. In addition, State Legislature passed Senate Bill (SB) 9 in 2021, which mandates local jurisdictions to approve two-unit developments and urban lot splits in these zones. Since the most recent update of the City’s ADU and SB 9 regulations (adopted in March 2024), the State passed new legislation affecting ADU and SB 9, necessitating another update to the City’s current ADU and SB9 regulations. As such, the proposed amendment would update the Code to comply with recent legislation by increasing the maximum number of detached ADUs allowed on multi-family lots, removing design standards that are no longer permitted by the State law for ADUs and SB 9 projects, and appointing the City Engineer as the approval authority for urban lot split applications.

Amendment #3: On-Site Parking Standards
Parking requirements, including space dimensions, accessibility, and safety standards, need periodic updates to reflect evolving needs. In addition, the City’s minimum parking requirements for restaurant uses, in particular, have been found inconsistent with industry standards. The proposed amendment would consolidate the required parking space dimensions in non-residential zones, align ADA standards with State law, update parking lot lighting standards, and revise minimum parking requirements for different types of restaurants to better reflect current industry practice.

Amendment #4: Fence and Wall Heights
Current regulations for measuring fence and wall heights have some ambiguity, especially regarding street-side yards on reversed corner lots. This amendment would clarify that the height of fences and walls will be measured from the finished grade, define finished grade, and establish a consistent standard for all zones. It would also establish consistent the height limits for street-side yards on reversed corner lots to ensure better visibility and aesthetic compatibility with neighboring properties.

Amendment #5: Planning Entitlement Types and Processes
The Code currently does not provide a clear guidance on the applicability of certain planning entitlements, leading to inefficiencies and confusion. This amendment would clarify the procedures for various entitlements, such as Plan Review and Precise Development application process, and specify the authority of the Community Development Director in various administrative processes. It would also refine the provisions for the Certificate of Compatibility and correct an existing error associated with applicability of Minor Conditional Use Permits.

Amendment #6: Temporary Use Permits
Temporary use permits (TUPs) serve as a valuable tool for the business and institutional entities as it allows for these entities to hold special events that could be beneficial to the event organizers and the general public. However, the TUP regulations have not been updated since 1998. As such, this amendment would revise standards applicable to TUP to allow more flexible timelines for certain events, clarify the applicability of TUPs, eliminate existing fee waiver currently allowed for certain applicants, remove outdated standards and improve overall readability and functionality.

Amendment #7: Other Updates
Various sections of the Code require corrections and clarification to improve internal consistency. These updates include minor updates to affordable housing standards, certain land use related provisions, and nonconforming uses and structures provisions. In addition, the proposed amendment includes other minor updates, such as replacing outdated titles, removing redundant review requirements, and correcting grammatical errors and existing inconsistencies.

Overall, these amendments are intended to streamline processes, eliminate outdated provisions, and ensure that the City’s code remains up-to-date and aligned with State laws and best practices. If adopted, these changes will enhance the clarity, efficiency, and effectiveness of the Code for both staff and the public.

More detailed analysis of the proposed amendments is provided in the January 28, 2025 Planning Commission staff report (Attachment B). In addition, the redlines associated with above listed amendments, which show deletions in strikethrough and additions in underlines (Redline), can be found in the Exhibit A of the Planning Commission Resolution No. PC 2025-02 (https://weblink.cityofbrea.net/WebLink/DocView.aspx?id=188612&dbid=0&repo=BREA-DOCS). The clean version of the proposed amendments, which includes updates to the Redline version of the proposed amendment that were determined by the City Attorney to be not substantial, can be found in the draft Ordinance (Attachment A). A table summarizing the proposed amendments as described in this Section of the report, which also provides specific section numbers of both the Redline and the draft Ordinance that applies to each topic areas, is provided as Attachment C.

Environmental Assessment
The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the BCC is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to codify the Mills Act Contract guidelines, update and clarify parking standards and requirements, update applicability of planning entitlements including Plan Review, provide consistency with updated SB9 and ADU State laws, update process, time limits, and applicability of Temporary Use Permit, update wall and fence height standards, and clarify certain Zoning ordinance provisions and provide additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.

Public Notice and Comments
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received public comments.

COMMISSION/COMMITTEE RECOMMENDATION
On January 28, 2025, the Planning Commission, on 5-0 vote, approved a resolution recommending approval of the Project with a direction for staff to add clarification on what constitutes as landscaping. The draft meeting minutes of January 28, 2025 Planning Commission meeting is Attachment E.

FISCAL IMPACT/SUMMARY
The Project is limited to adoption of an ordinance to amend the BCC; as such, there is no impact to the General Fund.

RESPECTFULLY SUBMITTED:

Prepared by: Esteban Rubiano, Assistant Planner
Concurrence: Jason Killebrew, Interim Assistant City Manager/Community Development Director Joanne Hwang, AICP, City Planner
Attachments
Attachment A - Draft Ordinance for ZOTA No. 2024-01.pdf Attachment B - January 28, 2025 Planning Commission Staff Report.pdf Attachment C - Summary of Amendments Table.pdf
Attachment D - Public Hearing Notice.pdf
Attachment E - 1.28.2025 Draft PC Minutes.pdf

ATTACHMENT A
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ORDINANCE NO. 1254

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

AMENDING THE BREA CITY CODE BY ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. ZOTA 2024-01 (OMNIBUS

ZONING CODE UPDATE) AND APPROVING A CEQA EXEMPTION

DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the City and its residents.
(ii) Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) and the State of California Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) (14 C.C.R. § 15000 et seq.), the City is the “lead agency” for the preparation and consideration of environmental documents for this Ordinance. (iii) On January 28, 2025, the Planning Commission conducted a duly noticed public hearing concerning Zoning Ordinance Text Amendment (“ZOTA”) No. 2024-01 and adopted its Resolution No. 2024-02 recommending approval by the City Council. (iv) On March 4, 2025, the City Council conducted a duly noticed public hearing concerning ZOTA No. 2024-01, as set forth in this Ordinance. It is the intent of the City Council in adopting this Ordinance to update various Zoning Code provisions, and ancillary Development Code provisions, to: codify Mills Act (Government Code § 50280 et seq.) terms and guidelines; provide consistency with recently enacted State housing laws; update and clarify parking standards and requirements; update fence and wall 2 3074262.2
standards; update and clarify applicability and process associated with certain planning entitlement applications; update process, time limits, and applicability of Temporary Use Permits; and provide additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency. (v) Adoption of this Ordinance is consistent with and implements the General Plan.
(vi) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and welfare of the community and is a valid exercise of the local police power and in accord with State law. (vii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.

SECTION 2. Section 18.32.040 (Public Hearing Requirements) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.040 PUBLIC HEARING REQUIREMENTS.

A. All tentative maps shall be considered at a noticed public hearing before the Planning Commission, as provided in § 18.28.040, except as follows:

1. Tentative parcel map proposed as an urban lot split, as specified in §

20.56.050 and California Government Code § 66411.7, shall be processed ministerially, without a public hearing.

2. Any other tentative parcel or tract maps that are required by an applicable State law to be processed ministerially, shall be processed ministerially without a public hearing.
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SECTION 3. Section 18.32.050 (Action to be Taken within Time Required by Law) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.050 ACTION TO BE TAKEN WITHIN TIME REQUIRED BY LAW.

A. The Planning Commission shall take action on tentative parcel or tentative tract maps within the time required by law after filing of a complete application with the Community Development Department. However, if an EIR is prepared, the Planning Commission shall take action on such project within the time required by law concurrently or after certification of the EIR. Action by the Planning Commission shall be final unless appealed:

B. The City Engineer shall approve a tentative parcel or tract map specified in § 18.32.040.A.1 and 2, within the time required by law.

SECTION 4. Section 18.32.060 (Appeals Procedures) of Chapter 18.32 (Tentative Parcel and Tentative Tract Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.32.060 APPEALS PROCEDURES.

A. The subdivider, or any person adversely affected by the decision of the Planning Commission may appeal the Commission's decision within ten (10) days after such decision. Upon filing such appeal, the City Council shall hold a public hearing within thirty (30) days after the filing of such appeal. The City Council shall render its decision on the project within ten (10) days following the hearing.

B. The subdivider, or any person adversely affected by the decision of the City Engineer may appeal the City Engineer’s decision within ten (10) days after such decision. Upon filing such appeal, the Community Development Director shall render a decision on the project within thirty (30) days following the submittal of the appeal application.
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SECTION 5. Section 18.40.020 (Review of Tentative Tract Maps by School Districts) of Chapter 18.40 (Review of Maps by Other Agencies) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is repealed.

SECTION 6. Section 18.44.030 (Filing Time) of Chapter 18.44 (Final Maps) of Division I (Subdivisions) of Title 18 (Subdivisions and Floodplain Management) of Part II (Development Code) of the Brea City Code is amended to read as follows:

18.44.030 FILING TIME.

A. A final map shall be filed with the City Council. The date of filing shall be the day the City Clerk receives the map.

B. A final map as a result of an urban lot split shall be filed with the City Engineer. The date of filing shall be the day the City Engineer receives the map.

SECTION 7. “Landscape Area” of Subdivision (12) (“L” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter

20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

LANDSCAPE AREA. Part of the property exclusively set aside for, devoted to, or developed and maintained predominantly with living plant materials as defined under the term Landscaping. Landscape area may also include associated nonliving ornamental materials including, but not limited to, mulch, fencing, walls or decorative rock, and paved or decorated surfaces, which are suitably designed, selected, installed and maintained as part of the overall landscape design.

Landscape Area does not include elements such as driveways, walkways and hardscape area that is not part of the overall landscape design.

SECTION 8. “Landscaping” of Subdivision (12) (“L” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 5 3074262.2
(General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

LANDSCAPING. Living plant materials including native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials.

Landscaping may also include synthetic turf and small amounts of accessory decorative outdoor landscape elements (e.g., fountains, decorative rock), all of which are suitably designed, selected, installed, and maintained as part of the overall landscape design to enhance a site.

SECTION 9. Subsection A of Section 20.08.030 (Outdoor Living Space) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows.

A. Required outdoor living space may include those portions of the side and rear yards which are contiguous with and designed as an integral part of the common area and are usable. The front yard shall not, however, be considered in calculating required outdoor living space.

1. Single family, detached. The required outdoor living space provided for a detached single family dwelling shall be a single common area with a minimum dimension of fifteen (15) feet at any point.

2. Single family, attached and Multiple family. Not more than fifty percent (50%) of the total required outdoor living space serving a single family, detached or multiple family development shall be provided in a common area with a minimum dimension of twenty-five (25) feet at any point. The remaining outdoor living space requirement may be provided in private spaces on or above ground level (balconies, roof tops). Individual areas shall not be less than one hundred (100) feet in area and the minimum dimension shall not be less than five (5) feet at any point.

SECTION 10. Subsection A of Section 20.08.035 (Small Lot Development Standards) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows.
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A. Uses expressly prohibited. All uses R-1 (5,000) zone, as set forth in §

20.11 of this title.

SECTION 11. Subsection C.2.b of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
b. Sizes.
(1) Perpendicular or angular stalls.
(a) Residential.
(i) Covered - ten (10) feet wide by twenty (20) feet long (interior clear dimension to be nine (9) feet wide by nineteen (19) feet long), minimum seven (7) feet height clearance.
(ii) Uncovered - nine (9) feet wide by nineteen (19) feet long. (b) Nonresidential. Nine (9) feet wide by nineteen (19) feet long, minimum eight (8) feet height clearance.
(2) Parallel stalls. Eight (8) feet wide by twenty-three (23) feet long. (3) Handicapped stalls. All accessible parking spaces requirements to be governed by the California Building Code standards.
(4) Compact stalls shall be a minimum of eight (8) feet wide by sixteen (16) feet long.
(a) Compact stalls may be permitted in multiple family residential projects of five (5) or more units in accordance with the provisions of this paragraph C.
(b) Compact stalls may be permitted in commercial and industrial projects requiring a minimum of forty (40) parking spaces in accordance with the following conditions:
(i) A maximum of fifteen percent (15%) of the required number of parking spaces may be compact stalls.
(ii) The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed thirty percent (30%).
(iii) Each compact stall approved hereunder shall be individually designated as a compact stall per the City of Brea Public Works Standards. 7 3074262.2
(c) All parking areas containing compact stalls shall be approved by the Development Services Director and the City Traffic Engineer. (5) Overhang. Parking stall lengths, except parallel spaces, may be reduced by two (2) feet [seventeen (17) feet for standard size stalls; fourteen (14) feet for compact stalls] where the front of the parking stall abuts a landscaped area or sidewalk which is a minimum of four (4) feet clear. Such landscape area shall be enclosed with a minimum of six (6) inch high curb and no trees or shrubs shall be planted in the two (2) foot reduced area.
(6) Parking for Electric Vehicle Charging. Parking stalls for Electric Vehicle charging shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter 14.08 of this Code.

SECTION 12. Subsection C.5 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

5. Lighting.
a. All off-street parking areas within commercially zoned projects shall be provided with exterior lighting meeting the following minimums:
(1) The equivalent of one (1) foot candle of illumination shall be maintained on the average throughout the parking area.
(2) All lighting shall be on a time-clock or photo-sensor system. (3) All lighting shall be designed to confine direct rays to the premises. b. All off-street parking areas within industrially zoned areas shall meet all standards in paragraph C.5.a. of this section, except that the equivalent of three fourths (0.75) foot candle of illumination shall be maintained on the average throughout the parking area
SECTION 13. Subsection D of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows (terms currently listed in the Table under this subsection but not listed below will remain as is):
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D. Parking space requirements. All land uses shall provide off-street parking in conformity with the requirements listed in the Table 20.08.040.D under this subsection, unless otherwise modified by the provisions contained herein. The term floor area used in the Table 20.08.040.D under this subsection shall mean gross floor area.

SECTION 14. The Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Accessory dwelling unit” entry to read as follows:

Table 20.08.040.D
Residential
Accessory
dwelling unit

1 space required, which may be provided as tandem parking, including on a paved driveway; however, no parking shall be required if the accessory dwelling unit meets any of the following criteria:
- The accessory dwelling unit is located within mile walking distance of, and has a path of travel that is always publicly accessible to, Public Transit. The mile distance shall be measured on actual walking routes between the Accessory Dwelling Unit and the public transit, rather than a straight line between points;
- The accessory dwelling is located within an architecturally and historically significant district;
- The accessory dwelling is part of the proposed or existing primary residence, or within, or part of, an existing accessory building; - When on-street parking permits are required but not offered to the occupant of the accessory dwelling; or
- When there is a car-share vehicle located within one (1) block of the accessory dwelling unit.

Note: (1) When a garage, carport, uncovered parking space, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, any off-street parking spaces that were provided by such garage, carport, uncovered parking space, or covered parking structure are not required to be replaced.

SECTION 15. The Non-Residential category of Table 20.08.040.D of Section

20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) 9 3074262.2
of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Restaurants, drive-in”, “Restaurants, quick service”, “Restaurants, sit down”, and “Restaurants, specialty” entries to read as follows:

Table 20.08.040.D
Non-Residential
Restaurants,
drive-in
Minimum of 10 spaces; or 1 space per 150 square feet of floor area. Also subject to the minimum stacking requirements as specified under Drive-Through Facilities requirements.

Restaurants, quick
service
- Indoor: Minimum of 5 spaces; or 1 space per 150 square feet of floor area up to 6,000 square feet, plus 1 space per 125 square feet over 6,000 square feet.
- Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking requirements, 1 space per 150 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater.

Note: (1) If a restaurant only consists of an outdoor
dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area.

Restaurants, sit
down
- Indoor: Minimum of 10 spaces; or 1 space per 100 square feet of floor area up to 6,000 square feet, plus 1 space per 75 square feet over 6,000 square feet, or 1 space per 3 seats, whichever is greater.
- Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking, 1 space per 100 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater.

Note: (1) If a restaurant only consists of an outdoor
dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area.

Restaurants,
specialty
Same requirements as Restaurants, Quick Service
10 3074262.2
SECTION 16. The Non-Residential Uses category of Table 20.11.020.A (Permitted Land Uses Table) of Section 20.11.020 (Land Uses) of Chapter 20.11 (Permitted Land Uses) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise the “Catering Services” and “Retail Sales, Warehouse Stores” entries to read as follows:
11 3074262.2
TABLE 20.11.020.A. PERMITTED LAND USES TABLE
P: Permitted
C: Permitted with Conditional Use Permit
--: Prohibited
NOTES:
1 In HR Zoning district, either an Administrative Hillside Development Permit or a Hillside Development Permit is required, unless specifically exempted. Refer to Section

20.206.040.
2 In MU-I, MU-2, and MU-3 Zoning districts, nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue. Also, refer to Section 20.258.030.A regarding integration of uses requirement.

R1-H HR1 R-1 R-1
(5,000) R-2 R-3 C-P C-N C-C C-G C-M C-RC M-P M-1 M-2 MU-I2 MU-II2 MU-III2 PROP/R PRONOS PF Special Provisions

NON-RESIDENTIAL
USES
Catering services - - - - - - - - - - - - C P P - - - - - - Retail sales, warehouse
stores - - - - - - - - P P - - P P - - P - - - -
12 3074262.2
SECTION 17. Section 20.24.130 (Termination of Nonconforming Use and Structures) of Chapter 20.24 (Nonconforming Structures and Uses) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.24.130 TERMINATION OF NONCONFORMING USE AND STRUCTURES.

Nonconforming uses and structures shall be subject to abatement and termination if any of the following occurs:

A. The nonconforming uses and structures are found to be a public nuisance.

B. The nonconforming uses and structures are in violation of any applicable law.

C. The nonconforming uses and structures meet any of the conditions that triggers termination as specified in this chapter.

SECTION 18. Chapter 20.24 (Nonconforming Structures and Uses) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.24.135 as follows:

20.24.135 NONCONFORMING SIGNS.

A. Any nonconforming sign that do not conform to provisions of Chapter 20.28 of this title shall be permitted to continue, provided that any structural change or alteration that requires a building permit or other permit is not made to the sign.

1. If any structural change or alteration of any sign that requires a building or other permit is proposed, such request shall be subject to the approval of the Planning Commission, through a conditional use permit proceeding as prescribed in §20.408.030.
a. Findings. In lieu of other conditional use permit findings required by this zoning code, before the approval authority, or City Council on appeal, may approve a conditional use permit for a structural change or alteration of a nonconforming sign, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:
i. That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code; ii. That the changes proposed improve the aesthetics of the sign; and iii. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the public. 13 3074262.2
SECTION 19. Section 20.28.290 (Nonconformance) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.28.290 NONCONFORMANCE.

Signs which do not conform to the provisions of this chapter shall be subject to § 20.24.135 of this zoning code.

SECTION 20. The title of Section 20.28.330 (Multiple Family Residential Zones) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.28.330 R-2 AND R-3 MULTIPLE FAMILY RESIDENTIAL ZONES.

SECTION 21. Subsection C.1.a (Development Standards) of Section 20.28.340 (Non-Residential Zones) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
a. Development standards.
(1) Maximum sign area. One (1) square foot of sign area per each lineal foot of building frontage or tenant space frontage.
(2) Maximum sign length. Seventy-five percent (75%) of building frontage or seventy-five percent (75%) of tenant space frontage. (3) Maximum letter height. Twenty-four (24) inches, except for major tenants which letter height shall not exceed five (5) feet. (4) Maximum number. One (1) sign per building face or tenant space, not to exceed three (3) signs per tenant.
14 3074262.2
SECTION 22. Section 20.40.010 (Purpose) of Chapter 20.40 (Affordable Housing) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.010 PURPOSE.

The purpose of this chapter is to expand the affordable housing stock in proportion with the overall increase in residential units by establishing standards and procedures that encourage the development of extremely low to moderateincome housing and to assist in meeting the city's regional share of housing needs and implementing the goals and objectives of the General Plan, including the Housing Element and any applicable specific plans. The goals of this chapter are as follows:

A. To assure that the city is meeting its affordable housing goals by facilitating the production of dwelling units affordable to households of extremely low, very low, low, moderate, and workforce-income, and by providing funds for the development of extremely low, very low, low, moderate, and workforce-income housing;
B. To establish a means by which developers of residential projects can assist in increasing the supply of affordable housing. The affordable housing requirements contained in this chapter consider the impact of such requirements on housing construction costs and economic feasibility; and C. To meet the current and future housing needs of the city by supporting the Housing Element goals of providing a range of dwelling units by type of unit, price, and location in the city and promoting equal access and opportunity to fair housing.

SECTION 23. Table 20.40.040.A of Section 20.40.040 (Affordable Unit Requirements) of Chapter 20.40 (Affordable Housing) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

TABLE 20.40.040.A

AFFORDABLE UNIT REQUIREMENTS FOR RESIDENTIAL PROJECTS
Option Total
Percentage of
Affordable
Units Required
(minimum)1
Minimum Affordability Level of Required Units
15 3074262.2
1 5% All required affordable units shall be sold or rented to extremely low-income households, at a cost affordable to such household.
2 10% At least 7% of the total number of units in the residential project shall be sold or rented to very low-income
households, at a cost affordable to such household. The affordability level of remaining 3% of the required
affordable units are at the developer’s discretion.
3 15% At least 10% of the total number of units in the residential project shall be sold or rented to low-income households, at a cost affordable to such household. The affordability level of remaining 5% of the required affordable units are at the developer’s discretion.
4 20% At minimum, all required affordable units shall be sold or rented to moderate-income households, at a cost
affordable to such household.
5 30% At minimum, all the required affordable units shall be sold or rented to workforce-income households, at a cost affordable to such household.
1of the total number of units in the residential project.

SECTION 24. Section 20.40.050 (Alternatives) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.050 ALTERNATIVES.

As an alternative to developing affordable units pursuant to this chapter, an applicant may satisfy requirements of this chapter through one of the following alternatives:

A. In-lieu fees. Applicants may choose to comply with the requirements of this chapter through payment of a fee, in-lieu of providing the required affordable units on site.

1. The method for calculation of the in-lieu fee per unit shall be determined by the following formula:

The product of the square footage of the average size unit in the proposed development multiplied by the median price per square foot of a home in the City of Brea based on market rate home sales in the last quarter immediately prior to drafting of the affordable housing agreement,
Minus
16 3074262.2
The product of the square footage of the average size unit in the proposed development multiplied by the median cost per square foot to construct the respective type of unit as shown on the most recent edition of the Building Permit Valuation Table in use by the Building Department.

2. The number of required units applicable to the in-lieu fee calculation shall be 5% of the total number of units in the residential project.

3. One-half of the in-lieu fees shall be paid prior to the issuance of a building permit for the project, with the remaining fees due prior to the issuance of a certificate of occupancy.

4. Fees collected in-lieu of developing affordable units pursuant to this chapter shall be placed in the City's Affordable Housing Trust Fund.” B. Offsite construction. At the discretion of the city, an applicant may satisfy the requirements of this chapter by developing the required number of affordable units at a site different than the site of the residential project.

1. The applicant must demonstrate that development of affordable units offsite would better address the city's Housing Element goals and policies.

2. The number of units to be developed offsite shall be consistent with the number of units required for the residential project.

3. Offsite affordable units shall be reasonably comparable to the non-affordable units in the residential project with respect to number of bedrooms, square footage, overall unit mix, appearance, finished quality, materials, and distribution.

4. Offsite affordable units shall be developed concurrently with the main project and certificate of occupancy will be contingent on final approval and inspection of the affordable units, unless an alternative schedule is approved by the city as part of the residential project’s entitlement.

5. Offsite affordable units shall be located within the City of Brea.

6. Offsite affordable units shall be subject to the same requirements, standards, and procedures as onsite affordable units, unless otherwise noted in this subsection.

7. A development agreement is required for all offsite affordable unit construction projects.

C. Land dedication. At the discretion of the city, an applicant may satisfy the requirements of this chapter by dedicating land to the city in-lieu of constructing affordable units within the residential project.

1. The land to be dedicated must be free of any liens, and such land shall be conveyed to the city at no cost.

2. The applicant must disclose any and all encumbrances or easements on the title of the land, and all encumbrances and easements must be factored into the estimated value of the land dedication.

3. The land to be dedicated must have improvements required to accommodate housing, such as infrastructure and services. 17 3074262.2

4. The land to be dedicated must be free of any hazardous materials. If there were any hazardous materials previously contained on the site, the developer must provide evidence that full remediation was performed in accordance with all applicable law.

5. The General Plan and Zoning designations of the land to be dedicated must allow for multi-family residential use prior to dedication.

6. The applicant must demonstrate that development of affordable units on the land to be dedicated would be consistent with the Housing Element goals and policies and this chapter, and not cause residential segregation.

D. Convert existing market rate to affordable housing. At the discretion of the city, an applicant may satisfy the requirements of this chapter through the acquisition and rehabilitation of existing market rate units in the City of Brea for conversion to affordable units.

1. Converted units shall be subject to the same requirements, standards, and procedures as onsite affordable units.

2. The rehabilitation of the existing market rate units to be converted to affordable units shall be completed prior to, or concurrently with the main housing project.

3. Converted units shall be retained as affordable units for 45 years or until sold or transferred with an equity share for owner-occupied units and 55 years as to rental units. The affordability period begins upon the initial sale or rental of the unit.

4. The existing market rate units shall be substantially rehabilitated, as determined by the city.

5. The Affordable Housing Plan and Agreement as described in § 20.40.090 shall provide a description of benefits to be offered to existing tenants, which for conversion of market rate housing units would include, but not be limited to, right of first refusal to remain in the unit, and any expected need for relocation of existing tenants. The applicant is responsible for providing relocation assistance.

E. Development Agreement. At the city's discretion, the applicant may enter into a Development Agreement with the city to comply with the intent of this Chapter.

SECTION 25. Section 20.40.060 (Incentives) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.060 INCENTIVES.

A. The applicant may request and the city shall grant the number of incentives identified in Table 20.40.060.A below if a residential project meets the requirements of this chapter by providing on-site affordable units pursuant to 18 3074262.2
Section 20.40.040.A or by providing off-site affordable units pursuant to Section

20.40.050.B
TABLE 20.40.060.A

NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of Affordability Number of Affordable
Units1
Number of
Incentives
Extremely low-income 5% or more 4
Very low- income
At least 7% 2
At least 10% 3
Low-income
At least 10% 2
At least 15% 3
Moderate-income At least 20% 2
Workforce-income At least 30% 2
Moderate-income or
lower
100%
(Exclusive of a manager’s
unit)
5 1of the total number of units in the residential project

1. The city may grant additional incentives at the city's discretion, if the applicant demonstrates that such additional incentive will result in identifiable and actual cost reductions or avoidance. Such request shall be considered by the Director.

2. If a Residential Project is granted incentives by providing off-site affordable units pursuant to Section 20.40.050.B, the applicant is permitted to utilize the incentives for either the residential project or the offsite construction project, but not both.

SECTION 26. Section 20.40.070 (Exemptions) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.40.070 EXEMPTIONS.

The provisions of this chapter shall not apply to the following:

A. Residential projects that obtain all required administrative, legislative, and/or quasi-judicial approvals (as specified in this Title) prior to the original adoption date of this chapter (August 15, 2023).
19 3074262.2
B. Reconstruction of structures which have been damaged by fire, flood, wind, earthquake, or other unforeseen force, as determined by the Director, if the reconstruction cost is less than 50% of the assessed value.

C. Residential projects that are exempt from this chapter by state or federal law.

D. Units approved as accessory dwelling units or junior accessory dwelling units.

SECTION 27. Subsection A.3 of Section 20.40.090 (Affordable Housing Plan and Agreements) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

3. An affordable housing plan shall include, but not be limited to, the following:
a. The number of affordable units proposed, with calculations; b. The proposed location of the affordable units;
c. Level of affordability for the affordable units;
d. The unit square footage, and number of bedrooms for market rate and affordable units and tenure (ownership or rental);
e. Amenities and services provided, such as common spaces, parking, laundry rooms, fitness centers, and other facilities in the residential development; f. Construction schedule for all units;
g. Alternatives requested, if applicable;
h. Incentives requested, if applicable; and
i. Evidence to justify any requested alternative or incentive, if applicable.

SECTION 28. Subsection B.4 of Section 20.40.090 (Affordable Housing Plan and Agreements) of Chapter 20.40 (Affordable Housing) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

4. An affordable housing agreement is not required for a residential development which will comply with the requirements of this chapter through payment of an in-lieu fee.
20 3074262.2
SECTION 29. Section 20.52.020 (Definitions) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.52.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply.

ACCESSORY DWELLING UNIT. Same definitions as specified in § 20.00.070.B. of this title.

ACCESSORY DWELLING UNIT, JUNIOR. Also referred to as "Junior Accessory Dwelling Unit" in this chapter. Same definitions as specified in § 20.00.070.B. of this title.

EFFICIENCY KITCHEN. A room or an area within a room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a sink, a cooking facility, a food preparation counter, and storage cabinets.

MAJOR TRANSIT STOP OR A HIGH-QUALITY TRANSIT CORRIDOR. A location defined in § 21064.3 of the Cal. Public Resources Code.

SANITATION FACILITY. A room that includes a toilet compartment, sink with hot and cold-water taps, and shower or bathtub.”
SECTION 30. Subsection B of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Number of units per lot.

1. Properties with a proposed or existing single-family dwelling. a. One accessory dwelling unit that is within the proposed space of a singlefamily dwelling or existing space of a single-family dwelling or accessory structure; b. One detached, or attached newly constructed accessory dwelling unit; and
c. One junior accessory dwelling unit.

2. Properties with a proposed or existing multi-family dwelling. a. One interior accessory dwelling unit or up to 25% of the existing units, whichever is higher; and
b. Up to two detached accessory dwelling units on a lot with a proposed multi-family dwelling; or
21 3074262.2
c. Up to eight detached accessory dwelling units on a lot with an existing multi-family dwelling, provided that the number of accessory dwellings does not exceed the number of existing units on the lots.

SECTION 31. Subsection E of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Addressing. Address numbers of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.

SECTION 32. Subsection K of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

K. Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to requirements specified in Table 20.52.040.A may be considered by the city through a Certificate of Compatibility process pursuant to §

20.408.050 of this Title.

SECTION 33. Subsection A of Section 20.52.050 (Owner Occupancy Requirements) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

A. Accessory dwelling units and junior accessory dwelling units shall not be sold or owned separately from the primary dwelling unit, except as otherwise provided in Cal. Gov’t Code § 66341. If an accessory dwelling unit is sold or conveyed separately from the primary residence pursuant to Cal. Gov’t Code § 66341, it shall comply with the following:

1. Meet all requirements of Cal. Gov’t Code § 66341.

2. Comply with all requirements of Subdivision Map Act, if applicable. 22 3074262.2

3. Provide separate utility connections and separate utility meters.

SECTION 34. Subsections C through H of Section 20.56.040 (Two-Unit Developments) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Addressing. Address number of all dwelling units on the lot shall be displayed clearly visible from the street.

D. Foundation. New dwellings for the purposes of this Section shall be constructed upon a permanent foundation.

E. Code compliance. Two-unit developments shall comply with all applicable Fire and Building Codes.

F. Utilities. Two-unit developments shall have separate utility connections and separate utility meters.

G. Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.

H. Deed restriction. The legal owner of a property improved with a two-unit development shall record a covenant in a form satisfactory to the City Attorney within thirty (30) days following the issuance of a building permit, that does each of the following:

1. Expressly prohibits any rental of a dwelling on the property for a period less than thirty (30) consecutive days.

2. Expressly prohibits any non-residential use of the lot.

3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.

4. If the lot does not undergo an urban lot split, expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.

5. Limits development of the lot to dwelling units that comply with the requirements of this Section, except as required by state law.

SECTION 35. Section 20.56.040 (Two-Unit Developments) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 23 3074262.2
20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Subsection I to read as follows:

I. Associated permits. If an application for a two-unit development triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

SECTION 36. Subsection J of Section 20.56.050 (Urban Lot Split) of Chapter

20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

J. Occupancy. The legal owner of an urban lot split property shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

SECTION 37. Section 20.56.050 (Urban Lot Split) of Chapter 20.56 (Two-Unit Developments and Urban Lot Splits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Subsection K to read as follows:

K. Associated permits. If an application for an urban lot split triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

SECTION 38. Subsection H of Section 20.60.070 (Preservation Incentives) of Chapter 20.60 (Historic Preservation) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

H. Eligibility to apply for Mills Act contracts which can lower property taxes of designated historic resources in accordance with Section 20.60.120 of this Chapter. 24 3074262.2
SECTION 39. Chapter 20.60 (Historic Preservation) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.20.60.120 (Mills Act Contract) to read as follows:

20.60.120 MILLS ACT CONTRACT.

A. Mills Act Contract is a voluntary program and only applicable to properties that are officially listed on the Federal, State and/or the City’s historic register. Both owner-occupied and income-producing properties qualify.

B. The Mills Act Contract application requires a recommendation of the Finance Committee and an approval of the City Council at a public hearing. Appropriate fees shall be paid as determined by City Council resolution.

C. General Contract Terms. The general terms of a Mills Act Contract shall include, but not limited to, the following:

1. The Mills Act Contract shall be between the legal property owner(s) and the city.

2. The initial contract term shall be ten (10) years, with automatic annual renewal resulting in a revolving ten (10) year contract.

3. The property owner must annually provide a report to the city that demonstrates compliance with the Mills Act Contract.

4. Either party may file a Notice of Non-Renewal, which allows the Mills Act Contract to become null and void upon expiration of the ten (10) year term in effect at the time the notice is filed.

5. The city shall reserve the right to conduct periodic inspections of the subject property.

6. The Mills Act Contract shall include a ten (10) year preservation and rehabilitation plan, in which each year’s improvement(s) must be equal or greater than the estimated property tax savings. All improvements listed in the ten (10) year preservation and rehabilitation plan must be completed according to the schedule unless otherwise permitted by the city, and such improvements must conform with the Secretary of the Interior's Standards for Historic Rehabilitation and California Historical Building Code.

7. The city may cancel the Mills Act Contract if the owner is in non-compliance with the terms of the contract pursuant to the established procedure.

8. If the contract is cancelled for non-compliance, the property owner must pay a cancellation penalty that is equivalent to twelve and one-half (12 ½) percent of the full market value of the property at the time of cancellation. 25 3074262.2
SECTION 40. Section 20.72.020 (Definitions) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.020 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY. The City of Brea.

CITY CLERK. The City Clerk of the city.

CITY MANAGER. The City Manager of the city or his or her designee.

DIRECTOR. The Director of the Community Development Department or his or her designee.

PERSON. Individuals, partnerships, joint ventures, societies, associations, trustees, trusts, or any corporations, their officers, agents or employees, and any representative thereof.

SECTION 41. Section 20.72.040 (Uses Permitted; Time Limits) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.040 USES PERMITTED; TIME LIMITS.

A. The following uses and activities, subject to the time limits referenced herein, shall obtain a temporary use permit prior to conducting the use or activity. The determination as to whether a specific use or activity is included within the classifications of uses and activities listed in this section shall be an administrative function of the Director.

1. Any event open to the public, located within a commercial, industrial, and mixed-use zones and non-residential districts within specific plan areas, involving promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a private school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, and which may include, but is not limited to, the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.

B. Time Limits.

1. The following uses and activities shall not exceed four (4) calendar days with no less than thirty 30 calendar days between events at any one (1) location for a given applicant, except a maximum of two additional days may be permitted 26 3074262.2
for set-up and clean-up. In addition, no business or organization shall be issued more than four (4) temporary use permit in a given calendar year:
a. Exhibits, demonstrations or sales of goods, equipment, merchandise or services;
b. Aircraft, helicopter, and aerial hot air balloon and parachutist demonstrations and landings;
c. Entertainment, dances, musical events, and promotional events; d. Halloween haunted houses;
e. Art and craft shows and exhibits; and
f. Health and safety services, testing, demonstration or training, unless such events are in response to a public health emergency as declared by a government agency.

2. Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks may be approved for a period of time not to exceed fifteen (15) days within any given ninety (90) day period at any one (1) location for a given applicant.

3. Carnivals, circuses, fairs, rodeos, pony riding or similar traveling amusement enterprises may be permitted for not more than seven (7) days, or three (3) weekends of operation, in any one hundred eighty (180) day period at any one (1) location for a given applicant.

4. Christmas tree sales and displays (other than by established retail businesses within the existing building) may be approved during the period commencing November 15 and terminating on December 31 of a given calendar year (these provisions shall be in addition to those requirements for Christmas tree lots as provided in Title 16 of the Municipal Code).

5. Pumpkin sales and displays (other than by established retail businesses within the existing building) may be approved for the period commencing October 1 and terminating November 1 of a given calendar year.

6. Other seasonal sales and displays of seasonal items (other than by established retail businesses within the existing building) may be approved for the period of 45 days of a given calendar year.

7. Other events, as determined appropriate by the Director, may be approved for not more than two (2) days of a given month.

C. Requests for outdoor display of limited merchandise in excess of the time limitations of § 20.72.040.B may be considered by the Planning Commission subject to approval of a Conditional Use Permit, consistent with the processing requirements of § 20.408.030. The intent of this section is to provide for the outdoor display of merchandise, which shall be typically limited to one product type (i.e. plants or books or etc.), where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the city's goals to provide for quality, attractive, commercial development.

The following standards shall apply to any such proposed outdoor display:
27 3074262.2

1. Use of display area. The Planning Commission and/or City Council shall retain the ability to condition the types of merchandise or products on display.

Display merchandise and products shall be limited to those normally associated with the primary retail user making application, shall typically be limited to one product type (i.e. plants or books, or etc.), and no outdoor display area shall be subleased or otherwise afforded use by other persons.

2. Location of display area. To be limited to those areas generally adjacent to the front building elevation of the tenant space, which will in no way interfere with automobile circulation and applicable standards. Display areas shall be designed to primarily be viewed from on-site rather than from the public right-of-way.

3. Delineation of display area. The design of the outdoor display area and its physical delineation shall place an emphasis on aesthetic and functional integration into the site and building design. The physical limits of display areas shall be clearly delineated through treatments such as decorative pavement, decorative bollards, landscaped planters, or similar features.

4. Limitation of display fixtures. Any display fixtures (i.e. display racks, tables, etc.) shall be temporary in nature and shall be removed from outdoor display areas when not in use.

5. Maximum length of display area. Not to exceed 50% of building/tenant space width (whichever is less) directly adjacent to the display area. The Planning Commission and/or City Council shall retain the ability to further limit display length on a case by case basis as deemed appropriate.

6. Maximum depth of display area. Not to exceed 15'. The Planning Commission and/or City Council shall retain the ability to further limit display depth on a case by case basis as deemed appropriate.

7. Maximum height of merchandise. Not to exceed 6' from adjacent finished grade. The Planning Commission and/or City Council shall retain the ability to further limit display height on a case by case basis as deemed appropriate.

8. Pedestrian accessibility. All outdoor display areas shall be designed in a manner to allow free pedestrian movement within and around their vicinity. All rules and regulations of the Americans with Disabilities Act and any other applicable regulations shall be observed.

9. Permit revocation for non-compliance. Compliance with all conditions of approval imposed by the Planning Commission and/or City Council shall be observed. Any observed violation of conditions of approval shall constitute grounds to initiate permit revocation proceedings as provided for within § 20.412.020 of this Zoning Code.

10. Plan submittal. Detailed site, building elevation, floor, display fixtures (i.e. display racks, tables, etc.) and any other plans and materials as deemed necessary by the City Planner, to illustrate compliance with the outdoor display standards shall be provided at the time of Temporary Use Permit application. 28 3074262.2
SECTION 42. Section 20.72.050 (Application; Contents; Fees) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.72.050 APPLICATION; CONTENTS; FEES.

A. An application for a temporary use permit, on forms available from the Director, shall be submitted to the Director a minimum of forty-five (45) days prior to the proposed date of the temporary use or activity. The application shall be signed and verified by the applicant and shall contain, at minimum, the information as set forth in this section.

B. Each application for a temporary use permit shall contain, at minimum, the following information:

1. The name, permanent street address and signature of the applicant;

2. If the applicant is a corporation, the name and principal address of the applicant shall be as shown in the most recent statement of investment group and shall be signed by a duly authorized representative of the corporation;

3. The full name and address of the property owner where the temporary use or activity is to take place and a signed affidavit from the property owner granting permission for the proposed use on the property in question and for the dates requested;

4. The name, address and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions at the temporary use or activity;

5. The exact location, including street name, of the property proposed to be used for the temporary use or activity;

6. A detailed description of the proposed temporary use or activity;

7. The proposed dates and hours of operation; and

8. A site plan or drawing depicting the use or activity, including the placement of all signs and banners, the location of all temporary materials, tents, generators, temporary sanitary facilities, lighting, etc.

C. The application shall be submitted together with the appropriate fee, as set forth by resolution of the City Council, to cover the administrative costs of processing the application.

SECTION 43. Section 20.72.080 (Action by Development Services Director) of Chapter 20.72 (Temporary Use Permits) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
29 3074262.2

20.72.080 ACTION BY COMMUNITY DEVELOPMENT DIRECTOR; FINDINGS.

A. The Director, within ten (10) business days of determining the application complete, shall approve, conditionally approve, or deny the temporary use application.

B. No temporary permit shall be approved unless the Director finds that the use or activity, together with any and all conditions imposed thereon, meets all of the following criteria:

1. The temporary use or activity is in harmony with the various elements and objectives of the general plan of the city;

2. The temporary use or activity complies with all applicable standards of this Zoning Code with respect to the location of the proposed activity; and

3. The temporary use or activity will not be injurious or detrimental to persons or properties adjacent to or in vicinity of the proposed location of the activity.

4. Provisions for adequate traffic circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.

C. The Director may impose such terms, conditions and restrictions upon the operation or conduct of the use or activity as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.

D. Upon the decision with respect to the application, the Director shall notify the applicant as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director to the Planning Commission as provided in this chapter. Additionally, if the Director should deny the application, the notice shall specify those reasons why the permit has been denied.

E. The Director may, in those cases where it is deemed that the public interest will be best served, refer the approval of the temporary use permit directly to the Planning Commission for hearing thereon without taking further action.

F. All decisions of the Director with respect to the temporary use permit application shall be final unless appealed to the Planning Commission as provided in this chapter.

SECTION 44. Subsection C of Section 20.72.090 (Appeal to the Planning Commission) of Chapter 20.72 (Temporary Use Permits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the 30 3074262.2
appeals request, the Director shall set the matter for hearing at a regular meeting of the Planning Commission no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, no later than ten (10) days prior to the date set for hearing.

Such notice may also designate certain records that the applicant is required to produce at the time of the hearing.

SECTION 45. Subsection B of Section 20.72.110 (Revocation) of Chapter 20.72 (Temporary Use Permits) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. A notice of revocation shall be mailed to the permittee stating the grounds for the revocation and providing a date within thirty (30) days of the mailing of such notice for a public hearing before the Planning Commission. Upon the conclusion of the public hearing the Planning Commission may, by resolution with findings, revoke or modify the permit and the decision of the Planning Commission shall be final unless appealed to the City Council.

SECTION 46. The title of Chapter 20.200 (Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

CHAPTER 20.200: R1-H SINGLE FAMILY RESIDENTIAL - HILLSIDE ZONE.

SECTION 47. Subsection K of Section 20.200.040 (Property Development Standards) of Chapter 20.200 (R1-H Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

K. Exemption from property development standards. If a dwelling unit, or appurtenant structure, in existence at the time of the effective date of this chapter, is partially or totally damaged or destroyed by wind, fire, flood, explosion, act of God or any other occurrence, then, in that event, such dwelling unit or appurtenant structure may be reconstructed without compliance with the property development standards set forth in § 20.200.040 of this title; provided, however, that any such reconstruction of an existing dwelling unit or appurtenant structure shall be in substantial conformity with the original dwelling unit or appurtenant structure including, but not limited to, such matters as type of structure, square footage, 31 3074262.2
number of stories and elevations. Any such reconstruction shall commence only subsequent to the approval of a plan review as required under § 20.408.040 of this title and, any such reconstruction shall comply with all Building, Electrical, Fire, Mechanical and/or Plumbing Codes in effect at the time of the filing of the application for such application. No plan review application fee shall be required for construction under this paragraph. Then applicable building permit fees shall be paid.

SECTION 48. Section 20.200.050 (Plan Review) of Chapter 20.200 (R1-H Single Family Residential – Hillside Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.200.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R1-H Zone that are listed in § 20.208.040.B.

SECTION 49. Subsection E.1 of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum twenty-five (25) foot front yard shall be required. b. Notwithstanding other provisions contained herein, the entire front yard area, including the minimum required front yard, shall be kept and maintained free and clear of all attached or detached accessory structures, building and automotive materials, trash, debris, trash storage receptacles, inoperable motor vehicles, camper shells not mounted on motor vehicles, boats, or boats and trailers, including utility trailers. Parking and driveway areas within the entire front yard area shall not exceed fifty-five percent (55%) of such yard area; for lots at the end of cul-de-sac with a lot frontage of less than forty (40) feet, the parking and driveway areas within the entire front yard may be paved up to a maximum of eighty percent (80%), all subject to the Director's review and approval. The parking of operable motor vehicles shall be permitted only on an all weather surface, subject to the review and approval of the Director.
c. Recreational vehicle parking may occur as follows:
(1) Parking within a garage or three (3) sided carport. 32 3074262.2
(2) Outdoor parking in the side or rear yards beyond the required twentyfive (25) foot front setback, except in a street side yard of a corner lot or reverse corner lot.
(3) Outdoor parking in a driveway or improved pad, provided that:
(a) Parking of such vehicle within a garage or three (3) sided carport is not possible.
(b) Space is not available in the side or rear yards or no access exists to such yards.
(c) No part of such unit extends over public sidewalks or rights-of-way. (d) The vehicle or unit at no time creates a sight obstruction that poses a safety hazard.
(e) Such vehicles shall be determined to be in an operable condition. (f) The vehicle is not used for dwelling purposes; cooking is not permitted in the recreational vehicle at any time and accordingly, butane and propane shall not be used.
(g) The vehicle is not permanently connected to electricity, sewer lines or water lines. The recreational vehicle may be connected to electricity temporarily for charging batteries and cleaning purposes only.
(h) The vehicle shall not be used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(i) The vehicle shall not block required emergency access to the rear yard area. A five (5) foot clear area shall be maintained to provide such access. d. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided that an average building setback of not less than twenty-five (25) feet is maintained. The minimum front yard shall not be less than twenty (20) feet.
e. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-five (25) feet from the property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. f. Front yards on the turn-around end of cul-de-sac street may be reduced to not less than twenty (20) feet.
g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

SECTION 50. Subsection F.1 of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone 33 3074262.2
Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Each lot shall contain a usable area of not less than one thousand (1,000) square feet for outdoor living. The minimum dimension shall be not less than fifteen (15) feet. Where contiguous to a side or rear yard, such yards may be included as part of the minimum. Slopes with a grade in excess of ten percent (10%) may not be included as satisfying this requirement.

SECTION 51. Subsection G of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences, and landscaping.

1. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
a. Solid fences, walls and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet. c. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
d. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
e. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

2. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
34 3074262.2
SECTION 52. Section 20.208.050 (Plan Review) of Chapter 20.208 (R-1 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.208.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-1 Zone that are listed in § 20.408.040.B.

SECTION 53. Subsection E.1 of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum fifteen (15) foot front yard shall be required. b. The entire front yard shall be maintained as required in §

20.208.040.E.1.b. and c. of this title.
c. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided, however, the average minimum front yard shall be not less than fifteen (15) feet and no front yard shall be reduced to less than ten (10) feet.
d. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. e. Front yards on the turn-around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

SECTION 54. Subsection G of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific 35 3074262.2
Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences and landscaping.

1. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
a. Solid fences, walls and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet. c. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
d. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
e. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way. f. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 55. Section 20.212.050 (Plan Review) of Chapter 20.212 (R-1 5000 Single Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.212.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-1 (5,000) Zone that are listed in § 20.408.040.B.

SECTION 56. Subsection E.1 of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific 36 3074262.2
Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

1. Front yard.
a. A minimum twenty-three (23) foot front yard shall be required; except that a lot approved for single family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum front yard of fifteen (15) feet.
b. The entire front yard area shall be maintained as required in §

20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

SECTION 57. Subsection G of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Walls, fences, and landscaping. Fences and walls and solid hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:

1. Solid fences, walls, and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.

2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.

3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.

5. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public 37 3074262.2
right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.

6. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 58. Section 20.216.050 (Plan Review) of Chapter 20.216 (R-2 Multiple Family Residential) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.216.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-2 Zone that are listed in § 20.408.040.B.

SECTION 59. Section 20.220.010 (Intent and Purpose) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.010 INTENT AND PURPOSE.

The R-3, Multiple Family Residential Zone is established to provide for the development of high density, multiple family housing, such as condominiums and apartments.”
SECTION 60. Section 20.220.050 (Plan Review) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the R-3 Zone that are listed in § 20.408.040.B.
38 3074262.2
SECTION 61. Section 20.220.040 (Property Development Standards) of Chapter

20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.220.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the R-3 Zones:

A. Lot area, width and depth.

1. Area. The minimum lot area shall be ten thousand (10,000) square feet in an R-3 Zone.

2. Width. The minimum average lot width shall be seventy-five (75) feet on an interior lot and eighty-five (85) feet on a corner lot in an R-3 Zone.

3. Depth. The minimum average lot depth shall be one hundred twenty (120) feet in an R-3 Zone.

B. Dwelling unit density. The minimum land area for each dwelling unit on a lot in the R-3 Zone shall be one thousand seven hundred fifty (1,750) square feet.

C. Building height.

1. Except as provided herein, buildings and structures in the R-3 Zone shall have maximum heights as follows:
a. Thirty-five (35) feet when located on a lot that is within one hundred (100) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR. b. Fifty (50) feet when located on a lot that is more than one hundred (100) feet but less than two hundred (200) feet, from any land zoned R-1, R1-H, R-1 (5,000), R-2, or HR.
c. Seventy-five (75) feet when located on a lot that is more than two hundred (200) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR.

2. The following structures may be permitted above the maximum height limits required herein:
a. Chimneys.
b. Domestic radio and television masts.
c. Fire and parapet walls.
d. Roof structures for the housing of air conditioners, elevators, stairways, tanks, ventilating fans, and similar equipment.
e. Skylights.

3. No structure shall be permitted above the height limits for the purpose of providing additional living area or floor space
39 3074262.2
D. Yards.

1. Front yard.
a. Except as provided herein, there shall be a minimum front yard of not less than fifteen (15) feet on lots in the R-3 Zone.
b. The entire front yard shall be maintained as required in §

20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. Where an entire block frontage is designed and developed as a neighborhood unit, the front yards may vary, provided that an average of not less than fifteen (15) feet is maintained. However, no front yard shall be less than ten (10) feet.
e. Front yards on the turn around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.

2. Side yards.
a. Except as provided herein, there shall be minimum side yard of not less than five (5) feet from the side property line on interior lots and from the interior side lot lines on corner lots in the R-3 Zone.
b. The minimum side yard from the street side property line shall be not less than ten (10) feet on a corner lot.
c. Except as provided herein, side yards adjacent to buildings or structures more than twenty (20) feet in height shall be increased two and one-half (2½) feet for each additional fifteen (15) feet in height; provided however, the total side yard need not be more than ten (10) feet in width.
d. Where any dwelling or group of dwellings face a common property line, the side yard shall be not less than ten (10) feet plus a distance of one-half (½) the height of the dwelling or fifteen (15) feet, whichever is greater. e. All side yard widths shall be measured from the eave line. f. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way 40 3074262.2
line which abuts the property upon which such carport is located shall be prohibited.
g. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, and debris, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public rightof-way (excluding alleys).

3. Rear yard.
a. Except as provided herein, there shall be a minimum rear yard for main building of not less than fifteen (15) feet on lots in the R-3 Zone. b. Except as provided herein, a rear yard adjacent to a building more than thirty-five (35) feet in height shall be increased five (5) feet in width for each additional fifteen (15) feet in height.
c. Detached accessory buildings not more than fifteen (15) feet in height may be permitted in the required rear yard, provided they are located not less than five (5) feet from the eave line to a property line.
d. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. e. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.

4. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply to projections into the required front, side, and rear yards
E. Outdoor living space.

1. Each in the R-3 Zone shall contain not less than two hundred (200) square feet of outdoor living area for each dwelling unit located thereon.

2. Outdoor living area shall be subject to the provisions of § 20.08.030 of this title.
41 3074262.2
F. Fences, walls, and landscaping. Fences and walls and solid hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:

1. Solid fences, walls, and hedges in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.

2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within 10 feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.

3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.

4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.

5. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

G. Distance between buildings. The following minimum distances between exterior walls of buildings and structures on a lot in the R-3 Zone shall apply:

1. One-half (½) the combined height of the walls of buildings or structures which do not form a court, or fifteen (15) feet, whichever is greater.

2. One-half (½) the combined height of the walls of buildings or structures which form a court plus fifteen (15) feet.

3. In no instance shall the eaves between buildings be closer than ten (10) feet.

H. Building area. The minimum living area for a dwelling unit on a lot in the R-3 Zone, which shall not include garage area, shall have a gross floor area of not less than the following:

1. Studio Unit: Four hundred fifty (450) square feet.

2. One (1) Bedroom Unit: Six hundred fifty (650) square feet.

3. Two (2) or more - Bedroom Unit: Eight hundred (800) square feet.

I. Lot coverage. Not more than sixty percent (60%) of a lot in the R-3 Zone shall be covered by buildings and structures. A minimum of twenty-five percent (25%) of the required uncovered lot area shall be provided in one (1) contiguous location and shall be kept free and clear of any building and structural intrusions or any other intrusions that would inhibit the development of such area of uninterrupted usable, open green space.

J. Off-street parking. The provisions of § 20.08.040 of this title shall apply.

K. Signs. Signs permitted in the R-3 Zone shall be subject to the provisions of Chapter 20.28 of this title.
42 3074262.2
L. Lighting. All lighting, interior and exterior, shall be designed and located so as to confine all direct rays to the premises.

SECTION 62. Section 20.224.040 (Property Development Standards) of Chapter

20.224 (C-P Commercial, Administrative, and Professional Office Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.224.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-P Zone:

A. Lot area. No requirements.

B. Lot dimensions. No requirements.

C. Building height.

1. Buildings and structures erected in the C-P Zone shall have a height no greater than thirty (30) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards.

1. Front yards and side yards on the street side of a corner or reversed corner lot shall not be less than fifteen (15) feet and shall not be used for off-street parking.

If the required yard is across a local street from any residential zone, a wall not less than thirty (30) inches nor more than six (6) feet in height shall be erected on the building (setback) line where there is no building on such line and where parking is provided to the rear of such line.

2. Where the C-P Zone abuts any residential zone, there shall be a yard abutting the zone boundary of not less than ten (10) feet plus an additional one (1) foot of setback shall be required for each additional one (1) foot of building height in excess of ten (10) feet. Such required yard may be used for parking, loading and access. A solid wall not less than six (6) feet nor more than seven (7) feet in height shall be erected on the zone boundary line, to within fifteen (15) feet of any street property line.

E. Fences, walls and landscaping and property maintenance.

1. Required walls.
43 3074262.2
a. Walls along common property lines shall be erected as required in paragraph D. above.
b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet material.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any required side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.

G. Site Coverage. The site coverage of main building(s) shall not exceed fifty percent (50%) of the total lot area.

1. All loading spaces shall be located behind either masonry walls not less than six (6) feet in height, or buildings so that they will not be visible from any abutting street.

2. The provisions of § 20.08.040 of this title shall apply.

H. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

I. Off-street parking and loading.

J. Access. Access to all off-street parking and loading areas shall conform with requirements of the City Engineer, and shall be subject to modification by the Planning Commission upon review of the site plans.

K. Signs. The provisions of Chapter 20.28 of this title shall apply. 44 3074262.2
SECTION 63. Section 20.224.060 (Plan Review) of Chapter 20.224 (C-P Commercial, Administrative, and Professional Office Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.224.060 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-P Zone that are listed in § 20.408.040.B.

SECTION 64. Section 20.228.040 (Property Development Standards) of Chapter

20.228 (C-N Neighborhood Commercial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.228.040 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-N Zone:

A. Lot area.

1. Minimum area. The site shall not be less than three (3) acres.

2. Maximum area. The site for any shopping center shall not exceed eight (8) acres.

B. Lot dimensions. The width of the site shall not exceed a ratio of two (2) feet for each foot of depth.

C. Building height.

1. Buildings and structures erected in the C-N Zone shall have a height no greater than thirty (30) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards and setbacks.
45 3074262.2

1. Front yards and side yards on the street side of a corner and reversed corner lot shall not be less than fifteen (15) feet and shall not be used for off-street parking. A wall not less than thirty (30) inches nor more than six (6) feet in height shall be erected on the building (setback) line, where there is no building on such line and where parking and loading is provided to the rear of such line.

2. Buildings and structures shall be located not less than forty (40) feet from any property line adjacent to any residential zone. The intervening space may be used for parking, loading and access. A solid wall not less than six (6) feet nor more than seven (7) feet in height shall be erected on the zone boundary line to within fifteen (15) feet of any street lot line.

E. Walls, fences, landscaping and property maintenance.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above.
b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet material.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any required side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.
46 3074262.2
G. Site Coverage. The site coverage of main building(s) shall not exceed thirty percent (30%) of the total lot area.

H. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

I. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

J. Access. Access to all off-street parking and loading area shall conform with requirements of the City Engineer, and shall be subject to modification by the Planning Commission upon review of the site plans.

K. Signs. The provisions of Chapter 20.28 of this title shall apply.

SECTION 65. Section 20.228.060 (Plan Review) of Chapter 20.228 (C-N Neighborhood Commercial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.228.060 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-N Zone that are listed in § 20.408.040.B.

SECTION 66. Section 20.232.030 (Property Development Standards) of Chapter

20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.030 PROPERTY DEVELOPMENT STANDARDS.

The following property development standards shall apply to all land and buildings in the C-C Zone:

A. Zone area.

1. Minimum area. Any area to which this zoning is applied shall not be less than ten (10) acres.

B. Lot dimensions. The width of the site shall not exceed a ratio of two (2) feet for each foot of depth.
47 3074262.2
C. Building height.

1. Buildings and structures erected in the C-C Zone shall have a height no greater than seventy-five (75) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards and setbacks.

1. All yards and setbacks shall be subject to review and approval by the Planning Commission at the time of site plan review pursuant to § 20.408.040 of this title. In no instance, however, shall any building, main or accessory, be located within one hundred (100) feet of any property line which abuts any residential zone.

2. The Planning Commission may require, through the site plan review procedure, permanent masonry walls and landscaping which is deemed necessary to protect adjacent residential zones and/or to improve the visual quality of the commercial complex as viewed from any abutting street.

E. Walls, fences, landscaping and property maintenance.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above.
b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet material.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any required side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within any required street setback yard area.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. 48 3074262.2
a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. Landscaping. The provisions of § 20.236.040.M. of C-G Zone shall apply.

5. Property maintenance. The provisions of § 20.236.040.M. of C-G Zone shall apply.

F. Distance between buildings. No requirements.

G. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

H. Access. Access to all off-street parking and loading areas shall conform with requirements of the City Engineer, and shall be subject to modifications by the Planning Commission upon review of the site plans.

I. Signs. The provisions of Chapter 20.28 of this title shall apply.

J. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 67. Section 20.232.050 (Plan Review) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-C Zone that are listed in § 20.408.040.B.

SECTION 68. Subsection E of Section 20.236.040 (Property Development Standards) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Walls and fences.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above.
49 3074262.2
b. Walls or fences of sheet or corrugated iron, steel, aluminum, asbestos, or security chain-link fencing are specifically prohibited, except that security chainlink fencing may be permitted when combined with redwood battens or a similar aesthetic treatment.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

4. The provisions of this section shall not apply to a fence or wall height as required by any law or regulation of the state or agency thereof.

SECTION 69. Subsection G of Section 20.236.040 (Property Development Standards.) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Building site coverage and floor area ratio.

1. The maximum building site coverage shall be fifty percent (50%) of the net area of the site.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.
50 3074262.2
SECTION 70. Section 20.236.050 (Plan Review.) of Chapter 20.232 (C-C Major Shopping Center Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.232.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-G Zone that are listed in § 20.408.040.B.

SECTION 71. Subsection D of Section 20.240.060 (Property Development Standards) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

D. Walls, fences, landscaping and property maintenance.

1. Required walls.
a. Walls along setback lines and along the common property lines shall be erected as required in § 20.248.040.D. and E. of this title. b. Required walls six (6) feet or more in height shall be constructed of masonry material.
c. Required walls less than six (6) feet in height may be constructed of other permanent material not including wood or corrugated sheet metal.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty (36) inches within the front yard or side yard on the street side of a corner or reverse corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall 51 3074262.2
be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 72. Subsection F of Section 20.240.060 (Property Development Standards) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

F. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 73. Section 20.240.080 (Plan Review) of Chapter 20.240 (C-M Commercial Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.240.080 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the C-M (Commercial/Industrial) Zone that are listed in § 20.408.040.B. Additionally, all property zoned C-M and located within three hundred (300) feet of any “R” (residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 74. Subsection E of Section 20.244.040 (Property Development Standards) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

E. Walls, fences, landscaping and property maintenance.

1. Required walls. The Commission may require a six (6) foot masonry wall along any property line which abuts any residential zone as a condition of the plan 52 3074262.2
review where such wall is deemed necessary and practical to protect these abutting areas.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty (36) inches within the front yard or side yard on the street side of a corner or reversed corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.

SECTION 75. Subsection G of Section 20.244.040 (Property Development Standards) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.244.040 PROPERTY DEVELOPMENT STANDARDS.

G. Floor area ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 76. Section 20.244.050 (Plan Review) of Chapter 20.244 (C-RC Commercial Recreation Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.244.050 PLAN REVIEW.
53 3074262.2
The provisions of § 20.408.040 of this title shall apply to all developments in the C-RC Zone that are listed in § 20.408.040.B.

SECTION 77. Subsection E of Section 20.248.040 (Property Development Standards) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.248.040 PROPERTY DEVELOPMENT STANDARDS.

E. Walls, fences, landscaping and property maintenance. The provisions of §

20.252.040.E of the M-1 Zone shall apply.

SECTION 78. Subsection G of Section 20.248.040 (Property Development Standards) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

G. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.

SECTION 79. Section 20.248.050 (Plan Review) of Chapter 20.248 (M-P Planned Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.248.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-P Zone that are listed in § 20.408.040.B. Additionally, all property zoned M-P and located within three hundred (300) feet of any “R” (Residentially) zoned 54 3074262.2
property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 80. Section 20.252.040 (Property Development Standards) of Chapter

20.252 (M-1 Light Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.252.040 PROPERTY DEVELOPMENT STANDARDS.

The property development standards shall apply to all land and buildings in the M-1 Zone.

A. Lot area. Each lot shall have a minimum area of six thousand (6,000) square feet.

B. Lot dimensions.

1. Width. Each lot shall have a minimum width of sixty (60) feet, except that were adjacent to a residential zone, school or park, the width shall be not less than one hundred sixty (160) feet.

2. Depth. Each lot shall have a minimum depth of one hundred (100) feet, except where adjacent to a residential zone, school or park, in which case the minimum depth shall be two hundred (200) feet.

C. Building height.

1. Buildings and structures erected in the M-1 Zone shall have a height no greater than sixty (60) feet.

2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, towers, steeples, smoke stacks, flagpoles, chimneys, wireless and television masts, water tanks, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.

D. Yards.

1. Where the M-1 Zone fronts, sides, or rears on any arterial street, or a local street which is a boundary with a residential zone, there shall be a yard abutting such arterial street or local street of not less than fifty (50) feet. The twenty (20) feet nearest the street shall be landscaped and maintained. The remainder may be used for parking.

2. Where the M-1 Zone fronts, sides or rears on a local street which is not a boundary with a residential zone, there shall be a yard of not less than ten (10) feet abutting such street.
55 3074262.2

3. No side or rear yards required except where adjoining a residential zone, the side and rear yard(s) shall be a minimum of one hundred (100) feet. Such yards may be used for parking, loading, and accessways. A solid masonry wall not less than seven (7) feet in height shall be installed along the property line abutting the residential zone.

4. In all front yards, the equivalent of one (1) tree per thirty (30) lineal feet of front property line shall be provided; in all rear and side yards, visible from adjacent streets or residential neighborhoods, one (1) tree for each thirty (30) lineal feet of combined rear and side interior property lines shall be planted in either a lineal or grouped manner. In addition, a five (5) foot, net (clear of curb), interior property line landscaped strip shall be provided. This landscaping shall be continuous along all interior property lines. Landscaping shall be held back from the property line or intersection with driveways or streets so as not to hinder traffic visibility.

5. All yards between the public street curbing and the property line are to be landscaped and maintained with active ground cover, such as green grass, dichondra, ivy, shrubs and/or trees.

6. All unpaved or undeveloped areas of a site for which a development application has not been submitted, shall be planted with a ground cover and/or shrub material as a condition of project approval. Undeveloped areas which are proposed for future expansion shall be kept in a weed free condition.

E. Walls, fences, landscaping, and property maintenance.

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above, however, such walls shall be reduced to a height of thirty-six (36) inches in the area defined as the front yard in the abutting residential zone. b. Required walls shall be constructed of masonry material not less than six (6) inches in thickness.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line with the following exceptions:
a. Solid wall or fence shall not exceed a height of thirty-six (36) inches within the front yard or side yard on the street side of a corner lot. b. Open work fences (not less than ninety percent (90%) open) in a required front yard or side yard on the street side of a corner lot shall not exceed a height of four and one-half (4½) feet.

3. Height of walls and fences. The height of walls and fences shall be measured from finished grade immediately adjacent to the base of the wall. a. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
56 3074262.2

4. The provisions of this section shall not apply to a fence or wall height as required by any law or regulation of the state or agency thereof.

5. Landscaping required.
a. Areas utilized for parking or loading, will be screened, modulated, or interrupted from view of access on adjacent streets, freeways, and adjacent residential property. This can be accomplished by one of three (3) techniques:
(1) Lineal masses of shrubs;
(2) Lineal or group masses of major scale trees; or
(3) Lineal or grouped masses of smaller scale trees.
b. Dual texturing of building facades or a five (5) foot strip of building parameter landscaping shall be required, with the exception of rear or side walls abutting other existing buildings.
c. Parking lot trees. Trees equal in number to one (1) per each five (5) parking stalls either grouped or clustered shall be installed in all parking areas.

Such trees shall be placed on the lot so as not to interfere with interior industrial parking lot circulation. Trees shall be placed so as to give relief to the monotony of rows of parked vehicles.
d. A detailed landscaped plan (including irrigation, plant and material specifications) shall be submitted to the Community Development Department for its approval prior to the issuance of building permits.

6. Landscaping maintenance.
a. Prior to the installation of the landscaping in public right-of-way, the developer shall provide for continued maintenance by an agreement with the city. b. Property owners are responsible for the continual maintenance of all landscape areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy, growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Any diseased, dead, damaged or decaying plant materials shall be removed and replaced within thirty (30) days following written notice from the Director.
c. Irrigation systems shall be kept in working condition. Adjustments, replacements, repairs, and cleaning shall be a part of regular maintenance. d. Trees shall be staked and tied with lodge poles. Stakes and ties on trees shall be checked regularly for correct functions. Ties shall be adjusted to avoid creating abrasions or girdling on trunks or branches.
e. Street trees planted within public right-of-way and/or trees planted adjacent to public sidewalk shall be provided with root barriers subject to Director review and approval.

7. Property maintenance. Property owners shall maintain all structures, including buildings, paved areas, accessory buildings and signs in the manner required to protect the health and safety of users, occupants, and the general public. The property shall be deemed substandard when it displays evidences of 57 3074262.2
a substantial number of dilapidated conditions including, but not limited to the following:
a. Faulty, sagging or leaking roof;
b. Improper weatherization of building siding materials such as chipped or worn paint, wood siding showing signs of dry rot, cracked or chipped stucco and dented or rusted metal siding;
c. Broken or missing windows and sign panels;
d. Inadequate site drainage or standing water adjacent to building foundations;
e. Broken or inoperable sanitary and plumbing facilities; f. Broken or missing foundation and attic vent screens and window screens; and
g. Structural deficiencies.

F. Distance between buildings. No requirements.

G. Building site coverage and floor area ratio.

1. Lot area coverage by buildings or structures shall not exceed fifty percent (50%) of the total lot area.

2. Floor Area Ratio. All developments shall be subject to the floor area ratio established under the city’s General Plan for the General Plan land use designation applicable for the site.”
H. Off-street parking and loading. The provisions of § 20.08.040 of this title shall apply.

I. Access. All lots shall have a minimum of fifty (50) feet of access on a dedicated and improved street.

J. Signs.

1. Permitted signs.
a. Temporary signage per city standards.
b. Tenant signs must be approved prior to installation. c. Except as provided herein, the provisions of Chapter 20.28 of this title shall apply.

K. Colors. Colors, materials, and finishes are to be coordinated on all exterior elevations of the buildings and walls to achieve total continuity of design. Samples of exterior elevations (colors and textures) shall be submitted for review prior to permit issuance.

L. Lighting.

1. Parking lot lighting fixtures are to have an overall maximum height that is consistent with the height of the buildings themselves. Walkway lighting fixtures are to have an overall maximum height of fourteen (14) feet. 58 3074262.2

2. Cut-off exterior light fixtures and their location shall be submitted on a plan for review.

3. Security lighting fixtures are not to project above the fascia or parapet of the building and are to be shielded or recessed in the building walls to provide cutoff at the property line.

M. Outdoor storage, uses, and waste disposal.

1. Outdoor storage and activities associated with permitted uses shall be entirely enclosed by building walls or by a solid masonry wall not less than seven (7) feet in height located at the front setback line. On all other property lines such uses shall be enclosed by buildings, solid masonry walls, vine covered chain-link fences, or uniformly compact evergreen hedges, continuously maintained and not less than seven (7) feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than six (6) feet.

Screen landscaping, fences and walls to enclose storage areas between adjoining industrial side and/or rear property lines may be deleted by mutual agreement of the property owners involved.

2. The storage of combustible materials shall be not less than twenty (20) feet from any interior lot line, and a roadway shall be provided, graded, surfaced, and maintained from the street to the rear of the property to permit free access of fire trucks at any time.

3. a. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces.

All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.
b. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

4. All exterior electrical cage enclosures and storage tanks are to be screened from view from access or adjacent streets and residential neighborhoods, by a fence, wall, or mature landscape materials.

5. Trash storage method and location.
a. Trash enclosure location shall be subject to the approval of the Community Development and Public Works Departments.
b. Trash enclosure shall be of masonry construction or approved alternate material. Structural design and gates shall be in accordance with city standards.

N. Metal buildings. Buildings or structures having exterior walls of sheet metal shall not be located closer than one hundred fifty (150) feet from the property line along any freeway, major or secondary highway, or closer than one hundred (100) feet from the property line along any other dedicated street, except that such buildings or structures may be located closer to the street if any of the following conditions prevail:

1. The sheet metal comprises twenty-five percent (25%) or less of the exterior wall area of such building or structures; or
59 3074262.2

2. The sheet metal consists of panels with baked enamel or similar finish; or

3. Such building or structure is concealed from view from the public street by walls, fences, landscaping, or other buildings or structures.

O. Mechanical equipment and duct work.

1. All roof mounted mechanical equipment and/or duct work, which projects vertically more than one and one-half (1½) feet above the roof or roof parapet and is visible from an adjoining street is to be screened by an enclosure which is detailed consistently with the building.

2. All roof mounted mechanical equipment and/or ductwork, which projects one and one-half (1½) feet or more above the roof or roof parapet is to be painted in its entirety consistent with the color scheme of the building in all cases.

3. No mechanical equipment except for emergency equipment is to be exposed on the wall surface of a building.

4. Plans for cyclone blowers, bag houses, tanks, etc., shall be reviewed at the time of preliminary plan check to determine design integration with buildings and adjacent area. Furthermore, they shall be painted to match the surface to which attached.

5. Incinerator vents are to be located on the rear or “hidden” side of the building whenever possible.

P. The provisions of this section shall apply to all proposed development within the M-1 (Light Industrial) Zone except: Where a parcel or lot in the M-1 (Light Industrial) Zone is proposed for the development of off-site hazardous waste facilities, a distance of one thousand (1,000) feet from any sensitive population property lines is required, in addition to the required development standards in the M-1 (Light Industrial) Zone.

SECTION 81. Section 20.252.050 (Plan Review) of Chapter 20.252 (M-1 Light Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.252.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-1 (Light Industrial) Zone that are listed in § 20.408.040.B. Additionally, all properties zoned M-1 and located within three hundred (300) feet of an “R” (Residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title. 60 3074262.2
SECTION 82. Section 20.256.050 (Plan Review) of Chapter 20.256 (M-2 General Industrial Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.256.050 PLAN REVIEW.

The provisions of § 20.408.040 of this title shall apply to all developments in the M-2 (General Industrial) Zone that are listed in § 20.408.040.B. Additionally, all properties zoned M-2 and located within three hundred (300) feet of any “R” (Residentially) zoned property and/or any residential neighborhood with more than 20 parcels shall not be developed except upon the previous approval of a conditional use permit pursuant to § 20.408.030 of this title.

SECTION 83. Tables 2-3 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use I Zoning District), 2-4 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use II Zoning District), 2-5 (Development Standards for Mixed-Use and Nonresidential Projects in Mixed-Use III Zoning District), 2-6 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use I Zoning District), 2-7 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use II Zoning District), and 2-8 (Development Standards for “Stand Alone” Residential Projects in Mixed-Use III Zoning District) of Section 20.258.020 (General Development Standards for the Mixed Use Zoning Districts) of Chapter 20.258 (Mixed-Use Zoning Districts) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code are amended to read as follows:

TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXED-USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 7,000 square feet
Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
61 3074262.2
Minimum/maximum allowable density range for
residential uses

12.1 to 50 du/acre
(1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) The standards for
accessory structures are
intended to regulate
development for residential
components of a Mixed-Use
Development.

Maximum floor area ratio (FAR) for
nonresidential uses

3.00 Minimum setbacks
Front and street side along Ash Street, Birch
Street, Brea Boulevard and Imperial Highway
None permitted (A),
except for allowable
plazas and outdoor
dining areas/uses
Front None
Side, interior, Single-story None (B)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (B)
Side, street None
Side, interior or street, adjoining residential uses 10 feet (C) Rear, if nonresidential use adjoining
nonresidential use
None (D)
Rear, if residential use or nonresidential use
adjoining residential uses
10 feet (D)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height 100 feet
Minimum common residential open space for
each residential unit. (The minimum dimension
shall be 15 feet at any point.)
75 square feet/ dwelling
unit
Minimum private residential open space for each
residential unit.(The minimum dimension shall
be 5 feet at any point.)
50 square feet/ dwelling
unit
NOTE: The letters (A), (B), (C) and (D) refer to the graphics following this Table.

Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-4
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
62 3074262.2
Minimum project size (1) 10,000 square
feet
(1) The standards
Minimum parcel width (1) 100 feet
Minimum parcel depth (1) 200 feet
Minimum/maximum allowable density range for
residential uses

6.1 to 40
du/acre
Maximum floor area ratio (FAR) for nonresidential uses 2.00 Minimum setbacks
Front None for minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) The standards for
accessory structures are
intended to regulate
development for
residential components
of a Mixed-Use
Development.

Side, interior, Single-story None (E)
Side, interior, Second-story and above, if residential use adjoining residential or nonresidential uses
10 feet (E)
Side, street None
Side, interior or street, adjoining, residential uses 10 feet (F) Rear, if nonresidential use adjoining nonresidential use None (G) Rear, if residential use or nonresidential use adjoining residential uses 10 feet (G)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on the same parcel None
Maximum structure height 60 feet
Minimum common residential open space for each residential unit. (The minimum dimension shall be 15 feet at any point.) 75 square feet/ dwelling unit
Minimum private residential open space for residential
unit.(The minimum dimension shall be 5 feet at any point.) 50 square feet/ dwelling unit
NOTE: The letters (E), (F), and (G) refer to the graphics following this Table.

Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-5
DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum project size (1) 7,000 square
(1) The standards for
minimum project size,
feet
Minimum parcel width (1) 50 feet
63 3074262.2
Minimum parcel depth (1) 120 feet parcel width and parcel depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) The standards for
accessory structures are
intended to regulate
development for
residential components of
a Mixed-Use
Development.

Minimum/maximum allowable density range for 6.1 to 18
residential uses du/acre
Maximum floor area ratio (FAR) for 1.00
uses
Minimum setbacks
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of less than one
acre
None permitted
(H), except for allowable plazas
and outdoor dining areas/uses
Front and street side along Brea Boulevard and
Imperial Highway - Parcels of one acre or
greater
At least 50% of the parcel
frontage: None permitted (I)
Up to 50% of the parcel
frontage. (No parking within
setback allowed.): May maintain
an average setback of 10 feet (I)
Front, other than Brea Boulevard or Imperial
Highway
None
Side, interior, Single-story None (J)
Side, interior, Second-story and above, if
residential use adjoining residential or
nonresidential uses
10 feet (J)
Side, street, other than Brea Boulevard or
Imperial Highway None
Side, interior or street, adjoining, residential
uses
5 feet, average (K)
Rear, if nonresidential use adjoining
nonresidential use
None (L)
Rear, if residential use or nonresidential use
adjoining residential uses 10 feet (L)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the
upper floors of a parking structure.)
5 feet
NOTE: The letters (H), (I), (J), (K) and (L) refer to the graphics following this Table.

Minimum distance between structures located
on the same parcel None
Maximum structure height 35 feet
Minimum common residential open space for
each residential unit.(The minimum dimension
shall be 15 feet at any point.)
75 square feet/ dwelling unit
Minimum private residential open space for
each residential unit. (The minimum dimension
shall be 5 feet at any point.)
50 square feet/ dwelling unit
Maximum parcel coverage 65%
Accessory structures (2) Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and Loading Section 20.08.040
64 3074262.2
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE I

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 2,500 square feet (1) The standards for minimum project size, parcel width and
parcel depth are intended to
regulate sites for development
purposes only and are not
intended to establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) For structures located on
Ash Street, Birch Street, or Brea
Boulevard, north of Imperial
Highway, there is no minimum
setback requirement. All other
setbacks shall be measured from
the structure face to the nearest
property line.
(3) Low level patio walls may
encroach into the required front
or street side setback up to a
maximum of 5 feet.
(4) In projects with
subterranean parking, structure
heights shall be measured from
the top of the parking deck. For
structures located on Ash Street,
Birch Street, or Brea Boulevard,
the maximum structure height
shall be 55 feet.

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable
density range for residential uses

12.1 to 50
du/acre
Maximum floor area ratio
(FAR) for nonresidential uses 3.00
Front and Side, Street along Ash
Street, Birch Street, Brea
Boulevard and Imperial Highway,
Single-story (2)
5 feet (M)
Front and Side, Street along Ash
Street, Birch Street, Brea
Boulevard and Imperial Highway,
Second-story and above (2)
10 feet (M)
Front, other than Ash Street,
Birch Street, Brea Boulevard and
Imperial highway (3)
15 feet (N)
Side, interior 5 feet (O)
Side, street, other than Ash
Street, Birch Street, Brea
Boulevard and Imperial highway
(3)
15 feet (O)
Side, interior or street (other than
Ash Street, Birch Street, Brea
Boulevard and Imperial
highway), adjoining, residential
uses
10 feet (O)
Rear 5 feet (P)
Rear, adjoining nonresidential
uses
10 feet (P)
Parking area setbacks (front
and street side). (No parking
adjacent to Brea Boulevard or
Imperial Highway allowed,
except in the upper floors of a
parking structure.)
5 feet
Minimum distance between
structures located on the same
parcel
None
Maximum structure height (4) 100 feet
Minimum common open space
for each residential unit.(The
minimum dimension shall be 15
feet at any point.)
100 square feet/ dwelling unit
Minimum private open space for 75 square feet/ dwelling unit 65 3074262.2
each residential unit. (The
minimum dimension shall be 5
feet at any point.)
NOTE: The letters (M), (N), (O), and (P) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and Section

20.220.040.F
TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXED- USE II

ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 2,500 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g.
condominium) purposes.
(2) Low level patio walls
may encroach into the
required front or street side
setback up to a maximum of
5 feet.

In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses

6.1 to 40
du/acre
Maximum floor area ratio (FAR) for nonresidential
uses

2.00 Minimum setbacks
Front (2) 15 feet (Q)
Side, interior 5 feet (R)
Side, street (2) 15 feet (R)
Side, interior or street, adjoining, nonresidential uses 10 feet (R) Rear 15 feet (S)
Rear, adjoining nonresidential uses 20 feet (S)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (3) 60 feet
Minimum common open space for each residential
unit.(The minimum dimension shall be 15 feet at
any point.)
100 square feet/
dwelling unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at any
point.)
75 square feet/
dwelling unit
Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5
and Section
66 3074262.2

20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E
and Section

20.220.040.F
NOTE: The letters (Q), (R), and (S) refer to the graphics following this Table.

TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE"

RESIDENTIAL PROJECTS IN MIXED-USE III ZONING

DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum project size (1) 7,000 square feet
(1) The standards for
minimum project size,
parcel width and parcel
depth are intended to
regulate sites for
development purposes
only and are not intended
to establish minimum
dimensions for ownership
or leasehold (e.g.
condominium) purposes.
(2) Low level patio walls
may encroach into the
required front or street
side setback up to a
maximum of 5 feet.
(3) In projects with
subterranean parking,
structure heights shall
be measured from the
top of the parking deck.

Minimum parcel width (1) 50 feet
Minimum parcel depth (1) 120 feet
Minimum/maximum allowable density range for
residential uses

6.1 to 14 du/acre (See
Section

20.258.030.A.4)
Maximum floor area ratio (FAR) for nonresidential
uses

1.00 Front and Side, street, along Brea Boulevard and
Imperial Highway
Stand alone residential not
allowed on Brea Boulevard
or Imperial Highway
Front, other than Brea Boulevard or Imperial
Highway (2) 15 feet (T)
Side, interior 5 feet (U)
Side, street other than Brea Boulevard or Imperial
Highway (2) 15 feet (U)
Side, interior or street, adjoining, nonresidential
uses
10 feet (U)
Rear 15 feet (V)
Rear, adjoining nonresidential uses 20 feet (V)
Parking area setbacks (front and street side).

No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located on
the same parcel None
Maximum structure height (3) 35 feet
Minimum common open space for each
residential unit.(The minimum dimension shall be
15 feet at any point.)
100 square feet/ dwelling
unit
Minimum private open space for each residential
unit. (The minimum dimension shall be 5 feet at
any point.)
75 square feet/ dwelling
unit
67 3074262.2
Maximum parcel coverage (not including
parking decks) 65%
NOTE: The letters (T), (U), and (V) refer to the graphics following this Table.

Accessory structures Section 20.08.035.F
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and
Section 20.220.040.L
Parking and loading Section 20.08.040
Signs Section 20.28
Walls and fences Section 20.236.040.E and
Section 20.220.040.F
SECTION 84. Section 20.260.050 (Special Provisions) of Chapter 20.260 (PD Precise Development Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
“20.260.050 SPECIAL PROVISIONS.

A. Procedure. Development of land in a precise development zone for any specific use shall be subject to a precise development review, pursuant to §

20.408.070. All procedures regarding a Precise Development review of land in a precise development zone, or the revocation or modification thereof, shall be governed by provisions establishing procedures related to conditional use permits as amended from time to time.

SECTION 85. Subsection B of Section 20.400.030 (Types of Procedures) of Chapter 20.400 (Administration and Procedures - General) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Administrative procedures.

1. Administrative interpretation. A means of resolving uncertainties or ambiguities in the meaning of any provision of this title. An interpretation is uniformly applicable to all subsequent situations in which the same set of circumstances is present. In addition, the interpretation procedure may be used to make minor adjustments of zone boundaries to conform to lot lines or to resolve uncertainty as to the precise location of a zone boundary.

2. Administrative remedy. A simplified procedure for considering minor deviations from zoning regulations, within established parameters, designed to expedite requests therefor without requiring Planning Commission review. 68 3074262.2

3. Conditional use permit. A discretionary action concerning a specified land use and, pursuant to criteria set forth in this title, to determine whether such use may be permitted at a given location and to determine the conditions or limitations on development in each case.

4. Plan review. The review and conditional approval of development plans for specified categories of development or when required as a condition of approval under some other procedure, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

5. Precise Development. The review and conditional approval of development plans for specified categories of development in Mixed-Use zones and all developments in Precise Development zone, in order to ensure the intent of this title is met with regard to site arrangement, functional effectiveness, landscape design, architectural quality, and other pertinent attributes.

6. Certificate of compatibility. A procedure to consider the compatibility of accessory dwelling units that do not conform to the established standards and mobile and/or manufactured housing to coordinate planning, architecture, aesthetics, and economic cohesiveness within residentially zoned areas of the city.

SECTION 86. Subsection C of Section 20.408.020 (Administrative Remedy) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

C. Procedure. The following procedure shall apply to administrative remedy applications:

1. Application for administrative remedy shall be made pursuant to §

20.400.040.

2. The Director may refer any administrative remedy application to the Planning Commission for review at his/her discretion.

3. The Director, if the application was not referred to the Planning Commission, within thirty (30) days after filing of the complete application, shall either:
a. Approve the application;
b. Approve the application with conditions; or
c. Disapprove the application.

The Director shall set forth the findings upon which the decision is based. 69 3074262.2

4. A copy of the proceedings and findings of the Director shall be submitted, in writing, to the Commission as a matter of record.

5. The decision of the Director shall be final and shall become effective ten (10) days after issuance of the decision by the Director, subject to appeal pursuant to Chapter 20.424.

SECTION 87. Subsection B of Section 20.408.030 (Conditional Use Permit) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

B. Uses permitted subject to conditional use permit.

1. Uses listed in each zone requiring a minor conditional use permit or conditional use permit may be permitted in such zone subject to the provisions of this section.

2. Modification of standards.
a. The following circumstances may be permitted with an approval of a minor conditional use permit.
(1) Where dimensional problems of an existing parcel require a reduction of lot area or dimensions by more than five percent (5%) but not more than ten percent (10%) of that required by the zone provided that such reduction is requested on not more than one (1) lot within any one (1) subdivision or tract. (2) Where dimensional problems of an existing parcel require a reduction of yards and/or distance between buildings by more than ten percent (10%) but not more than twenty percent (20%) of the requirements of the zone provided that such reductions are not requested for more than one (1) lot within any one (1) subdivision or tract.
(3) Reduction of number of required parking spaces by more than ten percent (10%) but not more than twenty percent (20%).
(4) Modification of wall and fence heights to increase more than twelve (12) inches but not to exceed twenty-four (24) inches.
(5) Modification of projections/encroachment into required yard areas by more than five percent (5%) but not to exceed ten percent (10%) of the required yard areas in the zone, provided that such does not violate fire, housing or building codes.
70 3074262.2
(6) Modification of maximum permitted lot coverage to increase by ten percent (10%) but not to exceed twenty percent (20%) of the maximum lot area coverage permitted in the zone.
(7) Modification of maximum height regulation by more than ten percent (10%) but not to exceed twenty percent (20%).
b. The following circumstance may be permitted with an approval of a conditional use permit.
(1) Increase in building heights above twenty percent (20%) of the maximum permitted building height in C-P, C-C, C-G, C-M, C-RC, M-P, M-1 and M-2 zones.

3. Other special or unusual uses for which no provision is made in this title or which provide for an unusual combination of uses not otherwise provided for nor otherwise prohibited in this title may be permitted with an approval of a conditional use permit.

SECTION 88. Title of Section 20.408.040 (Plan Review Procedure) of Chapter

20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.408.040 PLAN REVIEW.

SECTION 89. Subsection A of Section 20.408.040 (Plan Review) of Chapter

20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

A. Purpose. The purpose of the plan review procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law.

1. Applicability. This chapter shall apply to the following types of developments:
a. New single-family dwellings part of a larger development that includes two or more lots, not exempt from local, state, or federal law, in the R-1 (SingleFamily Residential), R-1 5,000 (Single-Family Residential 5,000), and R1-H (Single-Family Residential - Hillside) Zones.
71 3074262.2
b. All developments in the R-2 (Multiple-Family Residential) and R-3 (Multiple-Family Residential Zones), not exempt from local, state, or federal law, except for modification to the existing single-family dwellings. c. All developments in commercially zoned properties.
d. All developments in industrially zoned properties.
e. Exceptions. This section does not apply to developments that only involve interior modifications.

SECTION 90. Section 20.408.050 (Certificate of Compatibility) of Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:

20.408.050 CERTIFICATE OF COMPATIBILITY.

A. Intent and purpose. The certificate of compatibility considers the compatibility of accessory dwelling units that do not conform to the established standards, and mobile or manufactured homes to coordinate land planning, architecture, aesthetics, and economic cohesiveness within the surrounding neighborhood. The issuance of a certificate of compatibility shall be obtained prior to submittal of an application for a building permit.

SECTION 91. Chapter 20.408 (Administrative Procedures) of Division III (Administration and Procedures) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended by adding a new Section 20.408.070 (Precise Development) to read as follows:

20.408.070 PRECISE DEVELOPMENT.

A. Purpose. The purpose of the precise development procedure is to enable responsible city departments to review development proposals for conformity with applicable provisions of this code and all requirements of law for specified categories of development in Mixed-Use zones and all developments in Precise Development zone.

B. Procedure.

1. Application for plan review shall be submitted in accordance with §

20.400.040, together with the requisite fee therefor.
72 3074262.2

2. Application for precise development shall include submission of the following, where appropriate:
a. A boundary survey map of the property. (A tentative subdivision map may be substituted for this requirement if the applicant proposes to subdivide the property.)
b. Existing topography of the development area shall be shown with contours at not more than two (2) foot intervals.
c. The gross land area of the development, the present zoning classification thereof, and the zoning classification and existing land use on all adjacent properties, including the location of structures and other improvements thereon. d. A general development plan with at least the following details shown to scale and dimensioned:
i. Location and use or uses proposed for each existing and each proposed structure in the development area, the number of stories, gross building area, and approximate location of entrances.
ii. All existing and proposed storage, curb cuts, driving lanes, parking areas and loading areas.
iii. All pedestrian walks and open areas for the use of occupants of the proposed development and the public.
iv. Types of surfacing proposed for all walks and driveways. v. A detailed plan for the landscaping of the development, including the location and heights of all proposed walls, fences and screen plating, and a statement setting forth the method by which such landscaping and fencing shall be preserved and maintained.
vi. A grading plan for the entire development.
vii. All existing or proposed physical features such as hydrants, utility facilities, flood lights, drainage facilities and recreation facilities, and a statement setting forth the method by where these features shall be preserved and maintained.
viii. Any additional drawings or information as may be required by the City. e. Plans and elevations of one (1) or more structures to indicate architectural type and materials of construction.

C. Review Authority.

1. The Planning Commission shall be the review authority for the Precise Development review, except as specified in § 20.260.010 of this Chapter.

2. Planning Commission authority.
73 3074262.2
a. The Planning Commission shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where, it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this ordinance and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.
b. All special conditions established by the Planning Commission in accordance with this section may be appealed to City Council.

3. Community Development Director authority.
a. The Director shall have the authority, as an administrative act, subject to the provisions of this section, to require conditions of development in addition to those required by the zone where it is determined that such conditions are necessary to further the objectives of the General Plan and are in harmony with the intent, purpose and spirit of this chapter and/or where such additional requirements are deemed essential to protect the public safety and general welfare of the community.

SECTION 92. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it enacts omnibus zoning code amendments that will not have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 93. SEVERABILITY.

If any section, subsection, subdivision, sentence, clause, phrase, 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 section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, 74 3074262.2
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 94. EFFECTIVE DATE.

This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

SECTION 95. CERTIFICATION.

The City Clerk shall certify to the passage of this Ordinance.

PASSED, APPROVED, AND ADOPTED, this ___ day of _______, 2025. _________________________________
Blair Stewart
Mayor
ATTEST:
_________________________________
Lillian Harris-Neal
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, 75 3074262.2
held on the 4th day of March, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the 18th day of March, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Dated:_____________________
_____________________________
City Clerk
City of Brea
Planning Commission Communication
B. Omnibus Code Update ZOTA No. 2024- 01
Omnibus Zoning Code update amending various chapters of Brea City Code.

Meeting
Tuesday, January 28, 2025, 6:00 PM
Agenda Group
PUBLIC HEARINGS Item: 7B.

FROM
Esteban Rubiano, Assistant Planner

EXECUTIVE SUMMARY
As an effort to continuously improve the Brea Zoning Code ( Code), which is codified in Title 20 of the Brea City Code ( BCC), the City has initiated a Zoning Code Text Amendment ( ZOTA) No. 2024- 01 amending various chapters of the Code and Title 18 of the BCC. The proposed amendment is an omnibus code update that would provide the following: 1) codify the Mills Act Contract guidelines; 2) provide consistency with updated Senate Bill (SB) 9 and Accessory Dwelling Unit (ADU) State laws; 3) update and clarify parking standards and requirements; 4) update wall and fence height standards; 5) update applicability of planning entitlements, including Plan Review; 6) update process, time limits, and applicability of Temporary Use Permit ( TUP); and 7) clarify certain Zoning ordinance provisions and provide additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency.

The proposed amendment herein is referred to as the “Project.”

RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution ( Attachment A), recommending the City Council take the following actions:

1. Find the Project exempt from the California Environmental Quality Act ( CEQA) pursuant to CEQA Guidelines Section 15061( b)(3) and;

2. Adopt an ordinance approving ZOTA No. 2024- 01, amending Title 20, Chapters 18.32, 18.40, 18.44, 20.08, 20.11,

20.24, 20.28, 20.40, 20.52, 20.56, 20.60, 20.72, 20.200, 20.208, 20.212, 20.216, 20.220, 20.224, 20.228, 20.232,

20.236, 20.240, 20.244, 20.248, 20.252, 20.256, 20.258, 20.260, 20.400, 20.408 of the BCC, as outlined in the Exhibit A of the Attachment A.

BACKGROUND
Municipal codes require periodic updates to ensure consistency between the City policies and State law, to improve clarity, and to better serve the public. As an effort to improve the readability and relevancy of the Code, staff has implemented an ongoing work program in 2023 to continually update the Code on a regular basis. Since the last omnibus code update, which was adopted in March 2024 by the City Council, staff continued to evaluate the Code and identified a number of provisions in the Code requiring updates due to changes in policy and new laws and standards. As part of this review process, staff worked with other departments and divisions, technical experts and the City Attorney to review and consider the proposed changes.

Additionally, staff surveyed and analyzed zoning codes and policies from other agencies where appropriate and applicable.

ATTACHMENT B
The main goals for this omnibus amendment are to provide internal consistency within the Code, modernize the Code to be reflective of good planning practices, and achieve consistency with recent State laws. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance, which includes updates to 30 chapters within Titles 18 and 20 of the BCC.

DISCUSSION
The proposed amendments can be categorized into seven topic areas, which include 1) codifying the Mills Act Contract guidelines; 2) providing consistency with updated SB9 and ADU State laws; 3) updating and clarifying parking standards and requirements; 4) updating wall and fence height standards; 5) updating applicability of planning entitlements, including Plan Review; 6) updating process, time limits, and applicability of TUP; and 7) clarifying certain Zoning ordinance provisions and providing additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency. A table summarizing the proposed amendments described in this Section of the report is Attachment C, and the following provides an overview of the proposed amendments, divided into different topic areas.

Amendment # 1: Mills Act Contract
The Mills Act Program was enacted in 1972 by State Legislature ( Government Code Sections 50280 and 50290), which was intended to encourage owners of historic properties to rehabilitate and maintain their properties by providing an economic incentive. City Council established the City’s Mills Act Program by adopting Resolution No. 99-85 in October of 1999; however, corresponding guidelines have not been formally codified in the Code and as such, there is a need to formally codify the existing guidelines so members of the public can easily access the information.

Proposed Amendments
The proposed amendments would formally codify the existing guidelines established for the Mills Act Program by creating a new section in the Chapter 20.06 of the Code ( Historic Preservation Chapter) that details the applicability and general terms of the Mills Act Contract under the Historic Preservation Chapter, which includes the following:

Qualifying criteria and applicability
Application process and decision authority
General terms to be included in the Mills Act Contract ( e.g. length of the contract, requirement improvements and reporting, terms of cancellation, non-compliance penalty, etc.) The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Sections # 20 and 21 of Attachment B.

Amendment # 2: ADUs and SB9 ( Two- Unit Development and Urban Lot Split) ADUs are complete independent housing units that can be either detached or attached from an existing single- family residence. The State passed legislation in 2016 ( AB 494, AB 2406 and SB 1069), 2019 ( AB 68, AB 881, AB 587, SB 13, AB 671 and AB 3182), 2022 ( SB 897, AB 2221 and AB 916), and 2023 ( AB 976 and AB 345) to further assist and support the development of ADUs, including the requirement for local jurisdictions to approve qualifying ADUs ministerially in single- family residential zones. As such, in 2018, 2021, 2023, and 2024, in response to updates in State legislation regarding ADUs, the City Council adopted Ordinance Nos. 1203, 1220, 1242, and 1247 implementing ADU provisions from State law. Additionally, the State passed SB 9 in 2021, which requires local jurisdictions to approve qualifying “ Two- unit Developments” and “ Urban Lot Splits” ministerially in single- family residential zones. In response, City Council adopted Ordinance Nos. 1242 and 1247 in 2023 implementing Two- unit Developments and Urban Lot Split provisions from State Law.

Since the most recent update of the City’ s ADU and SB9 regulations ( both adopted in March 2024), State passed three new legislation ( SB 1211, SB 477 and SB 450), which necessitates another round of update to the City’ s current ADU and SB9 regulations.

Proposed Amendments

ATTACHMENT B
The amendment would include the following revisions to comply with the newly enacted State law:

ADU related:

Update the exemptions related to replacement parking to include “ uncovered” parking space.

Eliminate existing design standards that are no longer permitted per the State law.

Increase the maximum number detached ADUs permitted on a lot with an existing multifamily dwelling from two to eight.

SB9 related:

Eliminate existing design standards that are no longer permitted per the State law.

Designate the City Engineer as the new approval authority and specify that ministerial approval process for Urban Lot Split requests.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Sections # 1, 2, 3, 6, and 14 through 19 of Attachment B.

Amendment # 3: On-Site Parking Standards
On-site parking standards encompass a broad range of components, including parking space dimensions, accessibility requirements, the total number of parking spaces required for each land use class, and general safety standards. As legislative and societal changes continue to evolve, it is essential to periodically update the Code to reflect these shifts. In reviewing the Code, staff identified the need to update the current parking standards to create greater uniformity in parking standards within the Code and to revise the minimum parking space requirements for restaurant uses. Staff conducted research by analyzing minimum parking standards in other local jurisdictions, and found that the City’ s existing parking demand ratio was inconsistent with the industry average. As such, the proposed amendments would update Chapter 20.08 to adjust the minimum parking requirements for restaurant uses to align more closely with industry practice, ensuring a more accurate and effective parking strategy and maintain the City’s competitiveness to attract businesses.

Proposed Amendments
This amendment provides Code consistency and updated minimum parking requirements for restaurant uses as follows:

Consolidate and create a uniform minimum parking space dimensions required for non- residential uses.

Update standards for Americans with Disability Act (ADA) parking stalls to reference California Building Code.

Update parking lot lighting requirements to eliminate outdated standards.

Update minimum required parking space standards for the restaurant type land uses as follows:

Restaurants, drive- in: Create a new standard of minimum 10 spaces or 1 per 150 square feet ( sq. ft.).

Restaurants, quick- service: Create a new standard of minimum 5 spaces or 1 space per 150 sq. ft. in general, with a few additional requirements
Restaurants, sit down: Update the current parking ratio that ranges from 1 space per 55 sq. ft. to 1 space per 75 sq. ft., to a range between 1 space per 75 sq. ft. and 1 space per 100 sq. ft. in general; and Restaurants, specialty: Revise to be consistent with the requirements of Restaurants, quick- service.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Sections # 5, and 6 of Attachment B.

Amendment # 4: Fence and Wall Heights
Although the Code currently specifies certain fence and wall height standards, there is some ambiguity regarding the measurement of fence and wall heights. As such, staff proposes to add clarifying language to the Code to provide clear guidelines for determining maximum fence/ wall heights. Also, additional clarifications are proposed related to the maximum height requirements for street side yards on reversed corner lots. These changes intended to ensure both aesthetic and functional needs are met within the community related to fences and walls.

Proposed Amendments
The proposed amendments would provide the following:

ATTACHMENT B
Clarify that the height of fences and walls shall be measured from the finished grade adjacent to the base, and provides definition of finished grade.

Update maximum fence and wall height for street side yards on reverse corner lots in residential zones within 10 feet of the property line to 36 inches for visibility clearance and aesthetic consistency with neighboring properties.

Apply consistent standards for walls and fences in all zones.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Section # s 26 through 38 of Attachment B.

Amendment # 5: Planning Entitlement Types and Processes Although there are a number of different types of planning entitlement application required for developments, the existing Code does not provide clear guidelines regarding the applicability and procedures of certain planning entitlement processes.

As such, staff identified the need for an update to improve clarity and streamline processes, which would provide benefit to both staff and the public. These updates reflect the City' s ongoing commitment to efficient planning, transparency, and responsible development practices.

Proposed Amendments
The proposed amendments include the following:

Clarify applicability of Plan Review process by defining specific types of developments.

Update the Precise Development process by providing a clear purpose, procedures, and the review authority.

Refine the Certificate of Compatibility provisions by clarifying applicability.

Clarify the Community Development Director’ s authority related to Administrative Remedy Process.

Address existing errors on applicability of Minor Conditional Use Permit.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Section # s 25 through 39 and 41 through 48 of Attachment B.

Amendment # 6: Temporary Use Permit
TUPs serve as a valuable tool for the business and institutional entities as it allows for these entities to hold special events that could be beneficial to the event organizers and the general public. However, given that the current regulations have not been updated in 1998, there is a need for an update in order to provide more flexible timelines, to identify additional types of events to reflect modern needs and requests, and to reorganize the chapter to improve its readability and overall functionality, ensuring that the process is more user- friendly and better aligned with current community interests.

Proposed Amendments
The proposed amendments would provide the following:

Update the time limits currently established for certain events to allow two additional days for set-up and clean- up, and place a limit on the number of TUPs that could be issued in a given calendar year.

Provide additional clarification on applicability of TUPs.

Remove existing fee waiver currently allowed for certain applicants.

Eliminate noticing by Certified Mail, a communication method no longer necessary.

Reorganize the chapter as applicable and clarify certain provisions related to the Community Development Director ’s action.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Section # s 22 and 23 of Attachment B.

Amendment # 7: Other Updates
Staff has identified a number of sections in the Code that have errors and incorrect/ incomplete references, which requires an update to improve the internal consistency within the Code, in addition to providing additional clarification on certain provisions.

ATTACHMENT B
Proposed Amendments
The following items have been addressed throughout the Code in various chapters and sections:

Replace the term “ Development Services Director” with “ Community Development Director”.

Remove review of school district agency for subdivision maps as it is redundant.

Update Outdoor Living Space requirements to adequately describe dimension requirements and create a uniform/ updated requirement.

Update and reorganize development standards in the Mixed- Use zone tables for consistency and clarification.

Clarify land uses permitted for R-1 (5000) zone and provide correct references to the Permitted Land Uses Table.

Land use related:

Allow Retail Sales, Warehouse Sales land use in M-P and M-1 zones to allow greater flexibility and responsiveness to evolving economic needs.

Require a conditional use permit in C-M, M-P, M-1 and M-2 Zones for industrial projects that are located within 300 feet of any residential neighborhood with more than 20 parcels Update Permitted Land Uses Table to correct existing error.

Affordable housing related:

Clarify breakdown of minimum affordability level of required units.

Provide a new provision to the alternatives section relating to the number of required units applicable to the in-lieu fee calculation.

Update and provide new provisions related to off-site construction, including a requirement for a development agreement.

Update the incentives section to include projects with off- site construction and limit the incentives to either the residential project or the off- site construction.

Correct grammatical errors and update general consistencies.

Eliminate termination time limits for nonconforming uses and structures provided that no conflict with the BCC and State law is presented.

Create a process for a continued use of a nonconforming sign and provide correct reference.

Eliminate reference to R-3-1 Zone, which is zone that is no longer utilized.

Provide consistency in language between non- residential sign area and sign length standards.

Include consistent language to require all front yards to be properly landscaped and maintained.

Include language to reference General Plan Floor Area Ratio consistency and revise incorrect references associated with site coverage and floor area ratios.

Correct grammatical errors and update general consistencies.

The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines Redlines), can be found in Section # s 2, 4 through 13, and 24 through 40 of Attachment B.

PUBLIC NOTICE AND COMMENTS
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received public comments.

ENVIRONMENTAL ASSESSMENT

ATTACHMENT B
The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the Code is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061( b)(3) because the proposed amendments are intended to codify the Mills Act Contract guidelines, provide consistency with updated SB9 and ADU State laws, update and clarify parking standards and requirements, update wall and fence height standards, update applicability of planning entitlements including Plan Review, update process, time limits, and applicability of TUP, and clarify certain Zoning ordinance provisions and provide additional clarity, address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.

CONCLUSION
Staff recommends approval of this request, for the reasons set forth in the draft resolution, which in summary are to provide internal consistency within the Code, modernize the Code to be reflective of good planning practices and achieve consistency with recent State laws.

RESPECTFULLY SUBMITTED:

Joanne Hwang, AICP, City Planner
Prepared by: Esteban Rubiano, Assistant Planner
Attachments
ATTACHMENT A - PC Resolution. pdf
ATTACHMENT B - Exhibit A to PC Resolution. pdf
ATTACHMENT C - Summary of Amendments Table. pdf
ATTACHMENT D - Public Hearing Legal Notice. pdf

ATTACHMENT B

ATTACHMENT C
Draft Ordinance ZOTA No. 2024-01
Summary of Amendments
Ordinance
Section
#s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
38, 39 20.60 (Historic Preservation) Mills Act Contract: These amendments codify the existing guidelines established for the Mills Act Contract, by creating a new section that details the applicability and general terms of the Mills Act Contract.
2, 3, 4, 6,
14, 29, 30,
31, 32, 33,
34, 35, 36,
37 18.32 (Tentative Parcel and Tentative
Tract Maps)

18.44 (Final Maps)

20.08 (Development Standards)

20.52 (Accessory Dwelling Units)

20.56 (Two-Unit Developments and
Urban Lot Splits)
Code Compliance with New State Laws:
• Accessory Dwelling Unit (ADU): These amendments would provide Code compliance with new State laws adopted regarding ADUs, such as SB 1211 (Skinner) and SB 477 (Committee on Housing):
• Update the exemptions related to replacement parking to include uncovered parking space.
• Eliminate existing design standards that are no longer permitted per the State law. • Increase the maximum number detached ADUs permitted on a lot with an existing multifamily dwelling from two to eight.
• Clean up grammatical errors and inconsistencies within the Code. • SB9 (Two-Unit Development and Urban Lot Split): This amendment provides Code compliance with existing and new State law adopted regarding SB9 units and lot splits, such as SB 450 (Atkins):
• Eliminate existing design standards that are no longer permitted per the State law. • Clean up grammatical errors and inconsistencies within the Code. • Designate the City Engineer as the new approval authority and specify that ministerial approval process for Urban Lot Split requests. 2 Ordinance
Section
#s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
11, 12, 13,
15 20.08 (Development Standards) Parking Standards: This amendment provides consistency of parking dimensions and updates parking requirements for some restaurant related land uses as follows:
• Consolidate and create uniform minimum parking space dimensions required for nonresidential uses. • Update standards for ADA parking stalls to reference California Building Code. • Update parking lot lighting requirements to eliminate outdated standards. • Update minimum required parking spaces standards for the following uses: Restaurants, drive-in; Restaurants, quick-service; Restaurants, sit down; and Restaurants, specialty. • Formalize the name for Table 20.08.040.D
51, 54, 57,
61, 68, 71,
74, 77,

20.208 (R-1 Single-Family Zone)

20.212 (R-1 (5,000) Single Family
Residential Zone)

20.216 (R-2 Multiple Family
Residential Zone)

20.220 (R-3 Multiple Family
Residential Zone)

20.224 (C-P Commercial,
Administrative and Professional
Office Zone)

20.228 (C-N Neighborhood
Commercial Zone)

20.232 (C-C Major Shopping Center
Zone)

20.236 (C-G General Commercial
Zone)

20.240 (C-M Commercial Industrial
Zone)

20.244 (C-RC Commercial
Recreation Zone)

20.252 (M-1 Light Industrial Zone)
Fence and Wall Heights: These amendments clarify the height of walls, fences and hedges and yard specific requirements as follows:
• Clarify how the height of walls/fences/hedges would be measured. • Update maximum wall and fence height requirements for street side yards on reverse corner lots in residential zones for visibility and aesthetics. • Apply consistent standards for walls, fences and hedges in all zones to create consistency.
3 Ordinance
Section
#s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
47, 48, 52,
55, 58, 60,
63, 65, 67,
70, 73, 76,
79, 81, 82,
84, 85, 86,
87, 88, 89,
90, 91

20.200 (Single Family Residential –
Hillside Zone)

20.208 (R-1 Single-Family Zone)

20.212 (R-1 (5,000) Single Family
Residential Zone)

20.216 (R-2 Multiple Family
Residential Zone)

20.220 (R-3 Multiple Family
Residential Zone)

20.224 (C-P Commercial,
Administrative and Professional
Office Zone)

20.228 (C-N Neighborhood
Commercial Zone)

20.232 (C-C Major Shopping Center
Zone)

20.236 (C-G General Commercial
Zone)

20.240 (C-M Commercial Industrial
Zone)

20.244 (C-RC Commercial
Recreation Zone)

20.248 (M-P Planned Industrial Zone)

20.252 (M-1 Light Industrial Zone)

20.256 (M-2 General Industrial Zone)

20.260 (PD Precise Development
Zone)

20.400 (Administration and
Procedures - General)

20.408 (Administrative Procedures)
Planning Entitlement Types and Processes:
• Plan Review Applicability: These amendments update and clarify the applicability of Plan Review applications by specifying the types of development that would require such review.
• Precise Development Provisions: These amendments update the provisions and organization of the Code related to Precise Development application, by providing details on purpose, procedures, and review authority.
• Certificate of Compatibility: These amendments update and clarify the provisions and applicability of Certificate of Compatibility applications. • Administrative Remedy: Clarify the Community Development Director’s authority related to Administrative Remedy Process.
• Minor Conditional Use Permit: Address existing errors on applicability of Minor Conditional Use Permit
4 Ordinance
Section
#s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
40, 41, 42,
43, 44, 45

20.72 (Temporary Use Permit) Temporary Use Permit: These amendments update the applicability and time limits for special events as follows:
• Update the time limits applicable to certain events.
• Provide additional clarification on applicability of Temporary Use Permits. • Removal of the existing fee waiver currently allowed for certain applicants. • Eliminate noticing by Certified Mail, a communication method no longer necessary. • Reorganize and clarify certain provisions.
5 5, 7, 8, 9,
10, 16, 17,
18, 19, 20,
21, 22, 23,
24, 25, 26,
27, 28, 46,
49, 50, 53,
56, 59, 61,
62, 64, 66,
69, 72, 75,
78, 80, 83,

18.40 (Review of Maps by Other
Agencies)

20.00 (General Provisions)

20.08 (Development Standards)

20.11 (Permitted Land Uses)

20.24 (Nonconforming Structure and
Uses)

20.28 (Signs)

20.40 (Affordable Housing)

20.200 (Single Family Residential
— Hillside Zone)

20.208 (R-1 Single-Family Zone)

20.212 (R-1 (5,000) Single Family
Residential Zone)

20.216 (R-2 Multiple Family
Residential Zone)

20.220 (R-3 Multiple Family
Residential Zone)

20.224 (C-P Commercial,
Administrative and Professional
Office Zone)

20.228 (C-N Neighborhood
Commercial Zone)

20.232 (C-C Major Shopping Center
Zone)

20.236 (C-G General Commercial
Zone)

20.240 (C-M Commercial Industrial
Zone)

20.244 (C-RC Commercial
Recreation Zone)

20.248 (M-P Planned Industrial Zone)

20.252 (M-1 Light Industrial Zone)

20.256 (M-2 General Industrial Zone)

20.258 (Mixed-Use Zoning Districts)

Other Updates: These amendments provide additional clarity to certain provisions, correct grammatical errors, update incorrect references and create internal consistency throughout the Zoning Code related to the following items:
• Replace the term “Development Services Director” with “Community Development Director”.
• Remove review of school district agency for subdivision maps as it is redundant. • Update Outdoor Living Space requirements to adequately describe dimension requirements and create a uniform/updated requirement.
• Update and reorganize development standards in the Mixed-Use zone tables for consistency and clarification.
• Clarify the uses for R-1 (5000) zone and provide correct references to the Permitted Land Uses Table.
• Allow Retail Sales, Warehouse Sales land use in M-P and M-1 zones. • Require a conditional use permit in C-M, M-P, M-1 and M-2 Zones for industrial projects that are located within 300 feet of any residential neighborhood with more than 20 parcels.
• Update Permitted Land Uses Table to correct existing error. • Eliminate termination time limits for nonconforming uses and structures provided that no conflict with the Municipal and State Code are presented. • Create a process to continue use of a nonconforming sign and provide correct reference. • Eliminate reference to R-3-1 Zone, no longer a utilized zone. • Provide consistency in language between nonresidential sign area and sign length standards.
• Include consistent language to require all front yards to be properly landscaped and maintained.
• Clarify breakdown of minimum affordability level of required units. • Provide a new provision to the alternatives section relating to the number of required units applicable to the in-lieu fee calculation.
• Update and provide new provisions relating to off-site construction, including a requirement of a development agreement for all off-site construction. • Update the incentives section to include projects with off-site construction and limit the incentives to either the residential project or the off-site construction. • Include language to reference General Plan Floor Area Ratio consistency and revise incorrect references associated with site coverage and floor area ratios. • Redefinition of Landscaping and Landscape Area
• Correct grammatical errors and update general consistencies.

ATTACHMENT D

CITY OF BREA
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2024-01.

NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a City Council Meeting on Tuesday, March 4, 2025 at 7:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:

REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2024-01 to amend the Chapters 18.32,

18.40, 18.44, 20.08, 20.11, 20.24, 20.28, 20.40, 20.52, 20.56, 20.60, 20.72,

20.200, 20.208, 20.212, 20.216, 20.220, 20.224, 20.228, 20.232, 20.236,

20.240, 20.244, 20.248, 20.252, 20.256, 20.258, 20.260, 20.400, 20.408. The purpose of this zoning ordinance text amendment is to: 1) codify the Mills Act Contract terms and guidelines; 2) provide consistency with updated SB9 and ADU State laws; 3) update and clarify parking standards and requirements; 4) update wall and fence height standards; 4) update and clarify applicability and process associated with certain planning entitlement applications; 5) update process, time limits, and applicability of Temporary Use Permit; and 7) clarify certain Zoning ordinance provisions and address existing grammatical errors, incorrect references, incorrect process times, and internal inconsistency.

LOCATION: Citywide
ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City.

The proposed zoning code text amendments are exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND EXPRESS OPINIONS ON THE MATTERS OUTLINED ABOVE. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAIL AT [email protected]

IF YOU CHALLENGE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,

YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT

THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.

Lillian Harris-Neal
City Clerk
Date: 01/30/2025 Publish: 02/06/2025
** The following document is a draft of the minutes and not the official approved minutes **
Minutes for the Planning Commission
1 Civic Center Circle, Brea, California 92821
January 28, 2025
Roll Call: (The following members were in attendance)
Melanie Schlotterbeck, Planning Commission Chair
Blake Perez, Planning Commission Vice Chair
Tom Donini, Planning Commissioner
Theodore Gribble, Planning Commissioner
Bill Madden, Planning Commissioner

1. CALL TO ORDER/ROLL CALL - COMMISSION
Vice Chair Schlotterbeck called the meeting to order at 6:00 pm.

2. INVOCATION
Pastor Eddy Vera with the Friends Community Church led the invocation.

3. PLEDGE OF ALLEGIANCE
Commissioner Madden led the Pledge of Allegiance.

4. COMMISSION REORGANAZATION
Motion was made by Commissioner Madden and seconded by Commissioner Perez to nominate Commissioner Perez as Vice Chair and Vice Chair Schlotterbeck as the Chair. Motion passed 5-0.

Commissioner Madden volunteered to be on the Cultural Art Commission.

5. MATTERS FROM THE AUDIENCE
City Planner, Joanne Hwang, noted staff received two additional comment letters for Item 7A, which had been provided to the commission and the public.

6. CONSENT CALENDAR
Motion was made by Commissioner Donini and seconded by Commissioner Madden to approve the consent calendar. Motion passed 5-0.

ATTACHMENT E
6A. December 10, 2024 Planning Commission Meeting Minutes 6B. 2024 Administrative Remedy and Minor Conditional Use Permit Annual Report

7. PUBLIC HEARINGS
7A. Conditional Use Permit 2024-06; Saint Matthew Ecumenical Catholic Church Planning Technician, Brianna Co, provided a presentation of the project.

The Planning Commission asked questions regarding the following topics:

Ms. Co, City Planner Joanne Hwang, and City Engineer Ryan Chapman responded to Commission questions.

Chair Schlotterbeck Opened the Public Hearing by inviting the applicant to speak.

The applicant, Deacon Tony, responded to the Commission's questions.

Seeing no members of the public wishing to address the Commission, Chair Schlotterbeck closed the Public Hearing.

Motion was made by Commissioner Madden and seconded by Vice Chair Perez to approve Conditional Use Permit 2024-06 for the project as presented. Motion passed 5-0. 7B. Omnibus Code Update ZOTA No. 2024-01
Assistant Planner, Esteban Rubiano, provided a presentation of proposed Omnibus Zoning Code updates amending the following chapters of Brea City Code.

Potential impact to the neighboring apartment complex and potential parking overflow Number of available parking spaces
Shared parking spaces with surrounding businesses and related off-site parking agreement Parking signage for church attendees
Off-site parking plan vs. parking management plan
Enforcement of conditions of approval
Types of remedy that would apply to resolve nuisance issues Potential crosswalk across Sycamore Avenue.

ATTACHMENT E
The Planning Commission had comments and questions on the following items:

Mr. Rubiano and Ms. Hwang responded to the Planning Commissions inquiries and provided further clarification.

Chair Schlotterbeck opened the public hearing. Seeing no one from the public wishing to address the Commission, she then closed it.

Motion was made by Vice Chair Perez and seconded by Madden to approve with a direction for staff to add clarification on what constitutes as landscaping and the motion carried 5-0.

8. ADMINISTRATIVE ITEMS
8A. Committee Reports
Vice Chair Perez provided an update regarding the General Plan Steering Committee meeting held in January.
8B. Informational/Project Updates
The Commission asked questions regarding the following topics:

Clarification of SB9 Lot Splits
Increase of the allowable amount of detached ADU's on existing multifamily lots Time limits associated with special events permitted through Temporary Use Permits (i.e.

Pumpkin Patch and Christmas Tree Lots)
Impact of ADU Design Standards on ADU projects
Parking Standards for various restaurant classifications Residential landscape standards
Request for allowing additional time for further review of the proposed amendments Potential implementation of the new State Law regarding Open Space/ Conservation Elements
Status of Brea 265 Specific Plan, closure of the oil wells, and project site ownership TPM No. 2024-135 (411 Sievers Avenue)
February meeting schedule

ATTACHMENT E

9. ADJOURNMENT
Chair Schlotterbeck adjourned the meeting at 7:34 PM.

ATTACHMENT E
City of Brea
City Council Regular Meeting Communication
A. Consideration of Solid Waste and Recycling Service Rate Adjustments in Conformance with Senate Bill 1383, and Consideration a Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal) in Conformance with Senate Bill 1383, and Approve a CEQA Exemption.

Meeting
Tuesday, March 4, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 4A.

TO
Honorable Mayor and City Council Members
FROM
Kristin Griffith, City Manager

RECOMMENDATION
Staff recommends that the City Council take the following actions:

1. Consideration of a Revised Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal), and;

2. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving City staff’s recommendation for the proposed solid waste rates for residential, commercial and multi-family customers, and;

3. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, adopt a Resolution approving the Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California, LLC (d.b.a. Brea Disposal), and;

4. If Original Terms are approved, or the Revised Second Amended and Restated Franchise Agreement option is approved, find the Second Amended and Restated Franchise Agreement is exempt from the provisions of the California Environmental Quality Act (CEQA), and;

5. If none of the above Options are approved, provide further direction to City staff.

BACKGROUND/DISCUSSION
At the February 4, 2025 City Council meeting, the Brea City Council conducted a Public Hearing to receive any comments from members of the public opposed to the proposed solid waste rate adjustments. The Public Hearing was opened and no members of the public spoke in opposition to the proposed rate adjustments. The Public Hearing was closed, and the City Council discussed the proposal with staff and representatives from Republic Services. Under the initial draft Second Amended and Restated Franchise Agreement (Agreement), the City retained full flow control for residential and commercial solid waste and residential organic waste, while Republic Services retained flow control for commercial organic waste. The City informed Republic Services of its desire to also retain full flow control for commercial organic waste, and directed City staff and Republic Services to return at the February 18, 2025 City Council meeting with an alternative proposal.

At the February 18, 2025 City Council meeting, the City Council was presented with an alternative index adjustment proposal by Republic Services in exchange for the City retaining full flow control for residential and commercial organic waste. Under this alternative proposal, Republic Services requested the commercial index adjustment switch completely to the Garbage and Trash Collection Index (GTCI) in year 2, and an additional 0.75% adjustment factor for years 2 through 6 of the revised agreement. The City Council was not in favor of this option and directed staff and Republic Services to develop another alternative for City Council consideration. Below is a summary of the proposed revisions based off of input received at the February 18, 2025, City Council meeting.

Second Amended and Restated Agreement Proposed Revisions - Commercial Overages Republic Services is presenting a revised proposal for City Council consideration. The revised proposal entirely removes the 0.75% adjustment factor and instead is requesting changes to future commercial bin overage amounts.

Garbage and Trash Collection Index (GTCI)
The GTCI is a part of the Consumer Price Index (CPI) and measures the average change in prices for garbage and trash collection services paid by consumers over time. The U.S. Bureau of Labor Statistics calculates this index and it includes various components such as:

The cost of regular household waste collection and processing services The cost of collecting and processing recyclable materials The cost for services to collect bulky items, such as furniture and appliances The cost of collecting and processing yard waste
The adjustment calculations performed by the U.S. Bureau of Labor Statistics is done by collecting price data from various urban areas across the country, creating a representative sample based on the services mentioned above, assigning a weight to services based on their significance to the overall cost to provide services, and tracking these costs at regular intervals to monitor changes. Lastly, the collected data and weights are then used to calculate the index.

Commercial Bin Overage
Under the initial negotiated rates, the commercial overage amount would be $65.00 per occurrence for the first year of the agreement until June 30, 2026. Under the revised commercial overage proposal, Republic Services is requesting the overage amount be set at $79.95 per occurrence starting in year 2 of the agreement on July 1, 2026. Additionally, this rate would not be adjusted by the GTCI until year 3 of the agreement starting on July 1, 2027.

Year Period Rate
1 July 1, 2025 to June 30, 2026 $65.00
2 July 1, 2026 to June 30, 2027 $79.95
3* July 1, 2027 to June 30, 2028 $79.95+GTCI
*Adjusted by GTCI thereafter annually
Any overage amounts would be per occurrence and not a standard reoccurring charge for services. The overage amounts are intended to address the additional clean-up costs for overflowing containers, ensure the safety of the garbage truck operators and any other employees that use the containers, and protect the health and safety of the public by maintaining a clean environment around the containers to prevent insects and vermin from accessing overflowing materials. The overage charges would also serve as a tool to encourage better sorting and disposal practices by commercial customers.

In addition, Republic Services would still be required to provide photographic documentation, notify the customer of the container overage, and provide information on service alternatives and right-sizing containers. Republic and City staff will work with commercial customers to reduce any instances of overflow and provide alternative solutions such as locking bins and/or securing trash enclosures.

As part of this revised proposal, Republic Services is also requesting the following revisions to the initial negotiated terms which were presented at the February 18, 2025 City Council meeting:

Republic Services would retain full flow control for all residential and commercial recyclable materials Revised phase-in period from Consumer Price Index (CPI) to the GTCI as the rate adjustment index Phase-in from CPI to GTCI for the residential sector would occur from years 2 through 5 Phase-in for commercial sector would be 100% to the GTCI starting in year 2 Streamlined reporting requirements in Exhibit F to align with actual SB 1383 requirements Re-opener language to discuss the landfill disposal component upon the approval of the new Orange County waste disposal agreement
Republic Services Contract Negotiations Results
At the January 17, 2023, Brea City Council Meeting, the City Council created a Solid Waste Ad Hoc Committee (Ad Hoc Committee). It assigned Council Member Hupp and Council Member Vargas to serve on the committee. Since then, the Ad Hoc Committee and City staff have been engaged in extensive negotiations with Republic Services to reach a comprehensive agreement that will provide all the additional services the City must implement to comply with SB 1383 regulations. This Second Amended and Restated Franchise Agreement will memorialize each party's rights and obligations in a single document to implement an SB 1383-compliant program in Brea. The tentative Agreement is being presented for City Council consideration. Below is a summary of some of the new provisions.

Residential and Commercial Rates
A significant component of the Second Amended and Restated Franchise Agreement (Agreement) is implementing a residential curbside organic waste collection program. Under the new program, single-family residential locations can place food scraps in their yard waste cart; thus, the yard waste cart will now be considered an organic waste cart. The residential curbside organic waste collection program was a service that was not part of the prior 2002 Agreement. This component was also one of the crucial activities identified in the City's CAP with CalRecycle.

Table 1 compares single-family residential (curbside) rates of Orange County cities that contract with Republic Services. When reviewing the table, it is essential to note that some cities that contract with Republic Services have not yet implemented a residential organic waste collection program. Once all cities have implemented a program, Brea's single-family rate is anticipated to be closer to the median of cities that contract with Republic Services.
1 Rate includes 3 carts - regular trash, recycling, and yard/organic waste 2 Residential curbside SB 1383 program not implemented
The City of Brea had already established an organic waste collection program for commercial properties under the 2019 CORP agreement to comply with prior organic waste legislation (Assembly Bill 1826). Under SB 1383 regulations, multi-family locations consisting of 5 dwelling units or more are considered commercial entities and fall under commercial services. Through extensive negotiations by the City's Ad Hoc Committee, commercial rate increases were minimized. The amended Agreement keeps commercial rates competitive compared to other Orange County cities that contract with Republic Services.

Table 2 compares commercial/multi-family rates for the most commonly used container size for cities that contract with Republic Services. Under the negotiated terms, Brea will be the second lowest for this container size among cities serviced by Republic.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin Table 3 compares commercial/multi-family rates for the most commonly used recycling container size for cities that contract with Republic Services. Through negotiations, Brea is in the top half of rates for containers this size.
1 Most commonly used container size Commercial/Multi-Family locations 3 cubic yard bin The City's Ad Hoc Committee also secured no rate increases for commercial organic waste collection services. The proposed rate will place Brea in the median of cities contracting with Republic Services. 1 Most commonly used container size Commercial/Multi-Family locations 65-gallon cart The amended Agreement also provides customer credits for potential future labor unrest which may impact services. This provision will allow customers to receive compensation for any missed service days.

Additionally, the amended Agreement retains the fifty percent revenue sharing from the sale of recyclable materials collected by providing residential customer rebates.

Liquidated Damages
The amended Agreement contains new liquidated damages provisions to help ensure Republic Services is adhering to performance standards. These liquidated damages allow the City to hold Republic Services accountable for substandard service by imposing monetary penalties. Below are some of the liquidated damages the City would be able to impose:

Failure to collect discarded materials that have been adequately set out for collection - $100 per occurrence.

Failure to collect illegally dumped bulky goods within two days of notification by the City -$100 per day.

Failure to clean up vehicle leaks or spills within the agreed time-frame - $500 per occurrence.

Failure to record a response to a customer complaint or request within 24 hours of resolution—$100 per occurrence.

Failure to repair or replace a damaged or missing container within two working days of a request from the City or a customer—$50 per day.

The complete list of liquidated damages can be found in Section 12.6 of the attached amended Agreement.

Flow Control
Under the initial negotiated terms, the City retained flow control rights for solid waste disposal for singlefamily and commercial customers. In addition, the Amended Agreement explicitly designates that the City will retain flow control for single-family residential recycling materials and organic materials, a key provision that the City retains. This allows the City to direct which facilities these materials should be taken to for processing and disposal. Retaining this option could minimize future rate adjustments for single-family residential customers by allowing the City to designate facilities that may have lower processing and disposal costs.

Outreach and Education Requirements
The amended Agreement contains additional education and outreach activities that City staff and Republic Services will conduct. These efforts will be key to the City's compliance with SB 1383 to inform residential and commercial customers of new service levels, container configurations, and recycling requirements. Upon approval of the amended Agreement, City staff and Republic Services will begin notification of the new service collection program. This will include mailings to all residential and commercial customers regarding the new program requirements, updates on both Republic Services and City websites, quarterly newsletters, and informational posts on the City's social media platforms. Republic Services will be required under the amended Agreement to provide continuous education and outreach to all residential and commercial customers annually to ensure SB 1383 compliance.

Moreover, Republic Services will assign a full-time,  Brea-dedicated Recycling Coordinator/Sustainability Advisor and one part-time route auditor to assist with citywide education and outreach efforts, participate in community events, conduct waste audits, resolve customer complaints/requests, and perform additional compliance efforts.

Once the amended Agreement is approved, Republic Services will distribute a new cart label to all singlefamily residential locations in the City. Residents will place these new labels on their yard waste containers to identify the expanded accepted materials for collecting all organic waste. This is because  Brea's current residential yard waste carts do not meet SB 1383 labeling and color requirements. With the goal of limiting the increase to residential rates, the temporary labels were a compromise, allowing the current carts to continue to be used until they become damaged or worn. Once the cart has reached the end of its useful life, it will be replaced with an SB 1383-compliant cart. Under SB 1383, current carts are allowed to be used until January 1, 2036.

Monitoring and Reporting
The amended Agreement contains provisions for contamination monitoring and reporting requirements to comply with SB 1383 regulations. Republic Services will be required to perform container contamination monitoring, conduct route reviews of containers for prohibited container contaminants, prepare reports, and assist customers in reducing the levels of contamination in their containers.

Upon identification of prohibited container contaminants, Republic Services shall provide the customer with a notice of contamination, either as a courtesy pick-up notice or a non-collection notice. Commercial customers who receive a notice will be informed of the observed presence of prohibited container contaminants, information on the customer's requirement to properly separate materials into the appropriate containers, and information that contamination fees may be assessed following one instance of contaminated materials for commercial customers. Residential customers will be notified via a non-collection notice of container contamination and instructed to properly separate the materials into the appropriate container before servicing them.

Republic Services will also be required to maintain a container contaminant log and fee assessment report, which will be included in monthly activity reports for the City. These reports will be required to maintain compliance with the  record-keeping requirements under SB 1383. Furthermore, Republic Services shall prepare and submit the draft CalRecycle Electronic Annual Report (EAR) to the City for review and approval by July 1 of each year. All jurisdictions are required by the State to submit an EAR annually to monitor progress in implementing solid waste and recycling laws.

Food Recovery Assistance
The amended Agreement contains a provision to assist with identification and outreach to Commercial Edible Food Generators (CEFG) as part of food recovery efforts. Under the amended Agreement, Republic Services will provide a $45,000 annual lump sum to help fund an agreement with a food recovery organization to facilitate food recovery efforts. City staff and Republic Services will annually provide education outreach, legislative requirement reminders, and training to all on-site employees for CEFG to ensure SB 1383 compliance. Furthermore, Republic Services will be expected to facilitate the growth of food recovery efforts in Brea for Edible Food Recovery Organizations to ensure a collaborative approach to reducing food waste within the community.

City and Community Services
The amended Agreement also contains additional benefits to the community and City. Republic Services will continue to provide solid waste and recycling collection and disposal services for City-sponsored events at no cost. The amended Agreement also annually provides seven 40-yard roll-off containers for the City to utilize for neighborhood or other cleanup events such as Love Brea. Republic will also provide up to 20 tons of compost and/or mulch for community giveaway events for Brea residents to pick up. This material will assist the City in achieving its annual recovered organic target. Additionally, the amended Agreement includes a new annual mobile paper shredding event where residents can take old paperwork to be securely shredded onsite.

Compliance with other State Laws
The amended Agreement will help the City maintain compliance with other State laws regarding solid waste and recycling, including:

AB 939 - Adopted in 1989, AB 939 (the California Integrated Waste Management Act of 1989) provides the statutory framework for solid waste collection and diversion by jurisdictions in the State AB 341 - Adopted in 2012, AB 341 required mandatory commercial recycling and set forth a state diversion goal of 75% by 2020
AB 1826 - Adopted in 2014, AB 1826 required mandatory commercial organics (food and green waste) recycling from businesses and green waste recycling from multi-family units (five or more units) by April 2016. Food scrap recycling programs were also required to be offered to businesses meeting the thresholds of the law
AB 1594 - Eliminated allowing the use of green (yard) waste for alternative daily cover at landfills as a diversion credit in state reporting starting in January 2020 SB 1383 - Effective January 1, 2022, SB 1383 established goals to reduce short-lived climate pollutants (e.g., greenhouse gasses) by 75 percent by 2025 throughout the State. In particular, focusing on methane gasses released from landfills from decomposing organic material. The law also set a 20% recovery threshold for edible food from being disposed in landfills.

Environmental Determination
The City Council finds and determines that approval of the 2025 Franchise Agreement and the Proposed Rate Adjustments is exempt from California Environmental Quality Act ("CEQA") review under statutory and categorical exemptions, including those outlined in California Code of Regulations Title 14, Sections 15061(b) (3), 15273(a), 15301, and 15308. Development and implementation of the amended organic waste collection services under the 2025 Agreement is a requirement of SB 1383 and CalRecycle and is exempt from CEQA because it is an action under a regulatory requirement to assure the protection of the environment and involves procedures for the protection of the environment. Furthermore, the amended organic waste collection services apply to the City's existing volume of generated solid waste, which has no expansion of use. The Proposed Rate Adjustments are necessary to meet the operating expenses of the organic waste collection program. These approvals are additionally exempt under the general rule that CEQA applies only to projects that can potentially cause a significant effect on the environment.

Cost-of-Service-Study
The proposed solid waste rate adjustments are needed to comply with new unfunded State regulations required by SB 1383. They also coincide with the Second Amended and Restated Franchise Agreement being presented for City Council consideration. The proposed rate adjustments will allow for Republic Services to implement a residential curbside organic waste collection program, expand current commercial organic waste collection services, procure additional collection carts and vehicles, implement monitoring and reporting functions, assist with edible food recovery efforts, and incorporate additional service measures to ensure compliance with SB 1383.

NewGen Strategies and Solutions, LLC (NewGen) conducted a cost-of-service study (Study) (Attachment B—Solid Waste Cost of Service Study Memorandum), which examined the City's Sanitation and Street Sweeping Fund (Fund 440). The Study focused on residential solid waste collection services to determine if the proposed rate adjustment will meet the cost-of-service requirements to ensure the continuous delivery of essential sanitation services and implement additional services to comply with SB 1383 regulations.

The Study analyzed historical data for Fund 440 from the past five budget cycles, the current Fiscal Year budget for Fund 440, and Republic Services' estimated cost for residential organic waste collection service to design rates for the City for Fiscal Year (FY) 2024-2025. The Study also removed 15% of City staff salary expenses to account for assistance provided to commercial customers as part of daily City functions.

Under current year projections, the cost to provide residential solid waste collection is $4,061,390. This cost does not include the additional amount to implement the new residential curbside organic waste collection service. The current revenues generated at the current curbside cart rate is $3,857,941. This results in a current under-recovery of costs of $203,449. The solid waste franchise fees collected in FY 23-24 were $1,164,193, included in the City's General Fund revenues. These revenues are utilized for various General Fund activities. They are not intended to administer the solid waste program. As a result, Table 5 shows the amount of solid waste franchise fees collected and the General Fund subsidies to Fund 440. Enterprise funds should strive to be cost-neutral and not be provided subsidies from General Fund revenues.
*Cost projection does not include additional residential organic waste collection costs After reviewing historical and current budget data, NewGen determined that the total revenue requirement to achieve cost recovery for residential solid waste services in Fund 440 for FY 2024-2025 is $4,504,926. According to the Study, most of those costs, which amount to $3,440,310, are related to the contract with Republic Services. The remaining costs are for salaries and benefits of City staff to administer the solid waste program and provide residential billing services. There is an additional cost of $487,740 in FY 2024-2025 for Republic Services to implement the new curbside residential organic waste collection service. This new service is a significant component of the Second Amended and Restated Franchise Agreement. Table 6 outlines the FY 2024-2025 revenue requirement for residential solid waste services.

The Study showed that under the current residential cart rate of $27.80 per month, there is a projected underrecovery of $646,985 for FY 2024-2025. The under-recovery results from the total revenue from the current curbside cart rate of $3,857,941 compared with the future revenue requirement of $4,504,926 to implement the residential organic waste collection service and account for City administrative costs. Table 7 shows the difference between the current curbside cart rate revenues and the future revenues needed to cover service costs.

To achieve cost recovery, including the new curbside residential organic waste collection program, NewGen recommended a $4.79 increase to the current monthly refuse rate.

Based on the consultant's recommended $4.79 increase, $29.45 is comprised of the negotiated contract rate with Republic Services to implement required SB 1383 programs. The additional $3.14 would go to the City to cover costs for administration and oversight of the residential solid waste program and billing services.

After reviewing the study results, City staff conducted additional research to determine if any action could be taken to reduce the consultant-recommended residential rate. Staff determined that the recommended residential rate could be reduced due to current staffing vacancies in the Public Works Department. As a result, City staff's recommended adjusted residential rate is $31.27 per month which is $1.32 less than the consultant's recommended rate. This recommended residential rate is projected to result in an under-recovery of $158,930 for Fund 440, compared to the full cost recovery identified in the Study, by the end of FY 2024-2025.

The City staff proposed rate retains the negotiated contracted rate to allow Republic Services to implement required SB 1383 programs and maintain minimum service levels provided by City staff for the remainder of FY 2024-2025. The proposed adjustments account for all labor, equipment, materials and supplies, insurance, overhead, transfer, and disposal necessary to perform all services. With its consultant, the City has reviewed the overall proposed rate adjustments as part of the Study and determined them to be reasonable.

Furthermore, the proposed rate adjustments will allow the City to implement the necessary services to satisfy the action items identified in its formal CAP and ensure compliance with SB 1383 regulations. If the City Council approves the proposed rate adjustments, the new rates will go into effect on March 1, 2025.

Proposition 218 Public Hearing
Proposition 218 (Prop. 218) requires the City to conduct a public hearing to consider approving a resolution adjusting solid waste service rates for residential, multi-family, and commercial customers. The City must mail the notice at least forty-five (45) days before the public hearing date regarding the proposed rates.

Beginning the week of December 1, 2024, per Prop. 218, the City mailed notifications of the proposed adjusted, solid waste service rates to property owners, commercial customers, tenants, and occupants as part of the bimonthly utility billing (Attachment A—Prop. 218 Public Hearing Notice). Separate Prop. 218 notices were mailed out on December 19, 2024, utilizing the most current addresses from Orange County property tax roll assessments.

The Prop. 218 notice identified the proposed adjusted rates and instructions for filing written protests concerning the proposed rates. As of agenda preparation on January 28, 2025, the City received three written protest objecting to the rate increase. Protest letters from over 50% of the parcels in Brea would be required to prevent the approval of the recommended actions. If no majority protest is received, and the City Council approves the resolution, the rate adjustments would be effective March 1, 2025.

COMMISSION/COMMITTEE RECOMMENDATION
This staff report was reviewed by the Finance Committee at their January 28, 2025, meeting and recommended to proceed to City Council.

SUMMARY/FISCAL IMPACT
Under the Second Amended and Restated Franchise Agreement, the City will be paid a 10 percent franchise fee.

The annual franchise fee is estimated to be $1.2 million for the Agreement's first year. Subsequent franchise fee payments will depend upon the revenues collected after applying the rate adjustment indexes and the number of active solid waste accounts. The collected franchise fees are deposited into the General Fund (Fund 110).

City staff's recommended residential curbside monthly cart rate of $31.27 is estimated to generate $4,345,996 in revenue for Fund 440. Based on the staff-recommended residential rate, there is a projected under-recovery of $158,930 by the end of FY 2024-2025. After the conclusion of FY 2024-2025, additional rate adjustments may be needed to achieve full cost recovery, as identified in the Cost-of-Service Study for Fund 440, which can be further analyzed as part of future budgeting processes.

RESPECTFULLY SUBMITTED
Kristin Griffith, City Manager
Prepared by: Francesca Vivanti, Management Analyst I and Matthew Cuevas, Senior Management Analyst Concurrence: Michael Ho, PE, Public Works Director
Attachments
Attachment A - Proposition 218 Notices of Public Hearing.pdf Attachment B - Solid Waste Cost of Service Study Memorandum.pdf Attachment C - Resolution Approving 2nd Amended Solid Waste Franchise Agreement and Rate Adjustments.pdf Attachment D - Revised Draft Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California LLC - Redline Text Attachment E - Revised Draft Second Amended and Restated Franchise Agreement with Republic Waste Services of Southern California LLC - Final Text Attachment F - Revised Draft Second Amended and Restated Franchise Agreement Exhibits Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.

Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.

PROPOSED ADJUSTMENTS TO SOLID

WASTE & RECYCLING SERVICE RATES
Additional information on services provided by Republic Services can be found at www.recyclebrea.net
WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste Reductions Act was signed into law in 2016 and established methane emissions targets and edible food recovery goals.

For more information on SB 1383, visit calrecycle.ca.gov/organics/slcp/

PRSRT STD
U.S. POSTAGE
PAID

ANAHEIM, CA
PERMIT NO. 8056
City of Brea
1 Civic Center Circle
Brea, California 92821-5732
www.cityofbrea.gov

ATTACHMENT A

CITY OF BREA NOTICE OF PUBLIC HEARING FOR

PROPOSED ADJUSTMENTS TO SOLID WASTE & RECYCLING SERVICE RATES NOTICE IS HEREBY GIVEN that the Brea City Council will hold a public hearing on proposed adjustments to solid waste and recycling service rates on Tuesday, February 4, 2025 at 7:00 PM, or as soon as the matter may be heard, at 1 Civic Center Circle, Brea, CA 92821 in City Council Chambers. If approved by the City Council in the absence of a majority protest (see below), the initial increases will go into effect on March 1, 2025.

WHY HAVE I RECEIVED THIS NOTICE?
This notice is regarding a public hearing to consider proposed adjustments to solid waste and recycling service rates for all Brea solid waste customers.

The public hearing will be conducted in accordance with Proposition 218 (1996), specifically California Constitution Article XIII D, Section 6. This notice is being sent to all property owners of record whose parcels receive solid waste and recycling services from Brea’s solid waste hauler franchisee and to tenants who are directly responsible for payment of the solid waste and recycling service rates.

WHY ARE RATE INCREASES NECESSARY?
All California cities, including Brea, face the most stringent solid waste legislation in history under Senate Bill 1383 (2016) (“SB 1383”). SB 1383 mandates the State of California to reduce organic waste disposal (including green waste and food waste) 50% by January 1, 2020, and 75% by January 1, 2025.

SB 1383 also requires the State to recover 20% of edible food by January 1, 2025. As a result, green waste and food waste can no longer be disposed of in a landfill and must be recycled. The SB 1383 organic recycling mandates, along with current economic conditions, including equipment supply chain interruptions and labor shortages, are significantly impacting the solid waste industry. For the City of Brea to remain in compliance with State law and avoid being fined by the State, expanded solid waste and recycling services are necessary, none of which are funded by the State. Therefore, these expanded services and other cost increases must be funded by adjusting the solid waste and recycling service rates.

PROPOSED SOLID WASTE & RECYCLING SERVICE RATES
The City Council will consider the proposed adjustments to the solid waste and recycling service rates in connection with entering into a restated and amended Franchise Agreement with the City’s solid waste hauler franchisee, Republic Waste Services of Southern California LLC, which does business as Brea Disposal. The new Franchise Agreement will ensure that the City continues to be in compliance with SB 1383 and other unfunded State mandates for solid waste and recycling. The proposed rates represent the maximum amount that customers can be charged pursuant to the new Franchise Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform solid waste and recycling services.

Under the new Franchise Agreement, there are two customer classes: (i) single-family residential (premises with less than five dwelling units) and (ii) commercial, which includes multi-family and industrial. The proposed single-family residential monthly rate is a flat rate comprised of a City Utility Billing Component, Service Component, and Disposal Component, and includes one pick-up per week of a trash cart, recycling cart, and organic waste cart.

The proposed commercial monthly rates are comprised of a Service Component and a Disposal Component for each type of service (trash, recycling and organic waste), and for each type of service is based on: (i) container size (in gallons or cubic yards); (ii) type of container (e.g., cart or bin); and (iii) frequency of pick-ups per week. Absent a waiver, commercial customers are required to have trash, organic waste and recycling service. For all customers, extra services (e.g., roll-out services) are available at additional cost. A partial list of the proposed rates are set forth in the attached Exhibit A.

A full list of the proposed rates can be viewed on the City’s website at www.cityofbrea.net/recyclebrea.

If approved by the City Council, the initial rate adjustments will go into effect on March 1, 2025. In addition, without the City Council holding additional public hearings, the rates may be adjusted on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 to account for inflation and changes in the gate rate at the County landfill. The method for calculating the annual adjustments can be viewed on the City’s website at cityofbrea.net/recyclebrea.

HOW CAN I PARTICIPATE? WHAT IS A MAJORITY PROTEST?
At the public hearing, the City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and recycling service rates. Any property owner of record whose parcel receives solid waste and recycling services from Republic and any property tenant that is directly responsible for payment of solid waste and recycling service rates (each, a "rate payer") may submit a written protest against the proposed adjustments to the solid waste and recycling service rates. Written protests may be personally delivered to the City Clerk during the public hearing.

Written protests may also be mailed to the City of Brea, Attention: City Clerk, 1 Civic Center Circle, Brea, CA 92821 or delivered in-person to City Hall, 1 Civic Center Circle, Brea, CA 92821. Protests that are mailed or delivered to City Hall must be received by the City Clerk by 7:00 PM on February 4, 2025.

To be counted, a written protest must: (1) identify the parcel of property subject to the proposed adjustments to solid waste and recycling service rates, (2) identify the rate payer, and (3) include the signature of the rate payer. Emailed protests will not be counted in determining the existence of a majority protest. A majority protest will exist if, at the end of the public hearing, there are written protests submitted by a majority of the rate payers subject to the proposed adjustments to solid waste and recycling service rates. No more than one written protest per parcel of property will be counted in calculating a majority protest. The City Council cannot adopt the proposed adjustments to the solid waste and recycling service rates if a majority protest exists.

WHERE CAN I FIND MORE INFORMATION?
For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at calrecycle.ca.gov/organics/slcp. You may also contact the Brea Public Works Department at (714) 990-7691 if you have questions about this notice or your solid waste and recycling service rates.

ATTACHMENT A
SINGLE FAMILY RESIDENTIAL SERVICES* Current Rate 1City
Utility Billing
1Collection
Component (85%)
1Disposal
Component (15%)
1Proposed
Adjusted Rate
*Residential premises with 4 or less dwelling units
MONTHLY RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 (Includes 3 carts: 1 Trash, 1 Recycle, 1 Organic Waste 1x/week PICK-UP)

ADDITIONAL RESIDENTIAL
TRASH CONTAINER $13.15 $12.95 $2.28 $15.23
ORGANIC WASTE CONTAINER $6.04 $5.95 $1.05 $7.00
RECYCLE CONTAINER $0.00 $0.00 $0.00 $0.00
MOBILE HOME RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 TEMPORARY 3 YARD RES. BIN $105.89 $104.26 $18.40 $122.66 3 DAYS (Del - Fill - PICK-UP & Disposal)

RESIDENTIAL ROLL-OUT SERVICES
(Service is for customers that want back door, garage, walk in service) $14.01 $13.79 $2.43 $16.22 RESIDENTIAL EXTRA DUMP - ALL 3 CONTAINERS $29.74 $29.28 $5.17 $34.45 RESIDENTIAL EXCHANGE OF ALL 3 CONTAINERS $45.98 $45.27 $7.99 $53.26 RESIDENTIAL CONTAINER REPLACEMENT - MISUSE (Each) $81.36 $80.11 $14.14 $94.25

RESIDENTIAL BULKY-ITEM COLLECTION
Additional Pick-ups Over 3x Pick-up/Year $57.55 $56.67 $10.00 $66.67 Charge for Each Item Over 20 per Collection $8.22 $8.09 $1.43 $9.52 Additional Fee Required for Gas Recovery $78.12 $76.92 $13.57 $90.49 RESIDENTIAL KITCHEN PAIL FOR PURCHASE (unbranded) New Rate $12.15 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL BIN SERVICE Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
(Absent a waiver, trash, recycle and organic waste service is required.

Typical service includes 1 trash, 1 recycle, and 1 organic waste container) COMMERCIAL BARREL RATE (96 GALLON TRASH) $41.26 $37.26 $6.58 $43.84

MONTHLY COMMERCIAL TRASH BIN RATES

1.5 YARD TRASH BIN 1x/week PICK-UP $111.93 $101.09 $17.84 $118.93

1.5 YARD TRASH BIN 2x/week PICK-UP $194.06 $175.26 $30.93 $206.19

1.5 YARD TRASH BIN 3x/week PICK-UP $276.19 $249.43 $44.02 $293.45

1.5 YARD TRASH BIN 4x/week PICK-UP $358.32 $323.61 $57.11 $380.72

1.5 YARD TRASH BIN 5x/week PICK-UP $440.45 $397.78 $70.20 $467.98

1.5 YARD MANURE BIN 1x/week PICK-UP $123.43 $111.47 $19.67 $131.14

1.5 YARD MANURE BIN 2x/week PICK-UP $217.06 $196.03 $34.59 $230.62

1.5 YARD MANURE BIN 3x/week PICK-UP $310.69 $280.59 $49.52 $330.11

1.5 YARD MANURE BIN 4x/week PICK-UP $404.32 $365.15 $64.44 $429.59

1.5 YARD MANURE BIN 5x/week PICK-UP $497.95 $449.71 $79.36 $529.07 2 YARD TRASH BIN 1x/week PICK-UP New Rate $139.04 $24.54 $163.58 2 YARD TRASH BIN 2x/week PICK-UP New Rate $232.28 $40.99 $273.27 2 YARD TRASH BIN 3x/week PICK-UP New Rate $325.52 $57.44 $382.96 2 YARD TRASH BIN 4x/week PICK-UP New Rate $418.76 $73.90 $492.66 2 YARD TRASH BIN 5x/week PICK-UP New Rate $512.00 $90.35 $602.35 3 YARD TRASH BIN 1x/week PICK-UP $181.12 $163.57 $28.87 $192.44 3 YARD TRASH BIN 2x/week PICK-UP $302.58 $273.27 $48.22 $321.49 3 YARD TRASH BIN 3x/week PICK-UP $424.04 $382.96 $67.58 $450.54 3 YARD TRASH BIN 4x/week PICK-UP $545.50 $492.65 $86.94 $579.59 3 YARD TRASH BIN 5x/week PICK-UP $666.96 $602.35 $106.30 $708.65 3 YARD MANURE BIN 1x/week PICK-UP $195.79 $176.82 $31.20 $208.02 3 YARD MANURE BIN 2x/week PICK-UP $331.92 $299.77 $52.90 $352.67 3 YARD MANURE BIN 3x/week PICK-UP $468.05 $422.71 $74.60 $497.31 3 YARD MANURE BIN 4x/week PICK-UP $604.18 $545.65 $96.29 $641.94 3 YARD MANURE BIN 5x/week PICK-UP $740.31 $668.59 $117.99 $786.58 3 YARD TEMP CONSTRUCTION BIN 1x/week PICK-UP $232.94 $210.37 $37.12 $247.49 3 YARD TEMP CONSTRUCTION BIN 2x/week PICK-UP $360.11 $325.22 $57.39 $382.61 3 YARD TEMP CONSTRUCTION BIN 3x/week PICK-UP $487.28 $440.07 $77.66 $517.73 3 YARD TEMP CONSTRUCTION BIN 4x/week PICK-UP $614.45 $554.93 $97.93 $652.86 3 YARD TEMP CONSTRUCTION BIN 5x/week PICK-UP $741.62 $669.78 $118.20 $787.98 3 YARD COMPACTED BIN 1x/week PICK-UP $266.27 $240.48 $42.44 $282.92 3 YARD COMPACTED BIN 2x/week PICK-UP $481.71 $435.04 $76.77 $511.81 3 YARD COMPACTED BIN 3x/week PICK-UP $697.15 $629.61 $111.11 $740.72 3 YARD COMPACTED BIN 4x/week PICK-UP $912.59 $824.18 $145.44 $969.62 3 YARD COMPACTED BIN 5x/week PICK-UP $1,128.03 $1,018.75 $179.78 $1,198.53 4 YARD TRASH BIN 1x/week PICK-UP New Rate $188.11 $33.20 $221.31 4 YARD TRASH BIN 2x/week PICK-UP New Rate $314.26 $55.46 $369.72 4 YARD TRASH BIN 3x/week PICK-UP New Rate $440.41 $77.72 $518.13 4 YARD TRASH BIN 4x/week PICK-UP New Rate $566.55 $99.98 $666.53 4 YARD TRASH BIN 5x/week PICK-UP New Rate $692.70 $122.24 $814.94 6 YARD TRASH BIN 1x/week PICK-UP New Rate $327.15 $57.73 $384.88 6 YARD TRASH BIN 2x/week PICK-UP New Rate $546.54 $96.45 $642.99 6 YARD TRASH BIN 3x/week PICK-UP New Rate $765.92 $135.16 $901.08 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A

ATTACHMENT A
6 YARD TRASH BIN 4x/week PICK-UP New Rate $985.31 $173.88 $1,159.19 6 YARD TRASH BIN 5x/week PICK-UP New Rate $1,204.70 $212.59 $1,417.29 8 YARD TRASH BIN 1x/week PICK-UP New Rate $376.22 $66.39 $442.61 8 YARD TRASH BIN 2x/week PICK-UP New Rate $628.52 $110.91 $739.43 8 YARD TRASH BIN 3x/week PICK-UP New Rate $880.81 $155.44 $1,036.25 8 YARD TRASH BIN 4x/week PICK-UP New Rate $1,133.11 $199.96 $1,333.07 8 YARD TRASH BIN 5x/week PICK-UP New Rate $1,385.40 $244.48 $1,629.88 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
65 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 96 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 2 YARD RECYCLE BIN 1x/week PICK-UP New Rate $95.14 $16.79 $111.93 Additional per trip PICK-UP New Rate $95.14 $16.79 $111.93 3 YARD RECYCLE BIN 1x/week PICK-UP $152.81 $136.38 $24.07 $160.45 Additional per trip PICK-UP $152.81 $136.38 $24.07 $160.45 4 YARD RECYCLE BIN 1x/week PICK-UP New Rate $159.89 $28.22 $188.11 3 YARD SPLIT BIN (no additional lock fee or installation) New Rate $206.93 $36.52 $243.45 COMMERCIAL RECYCLE BIN CONTAMINATION FEE per occurrence New Rate $98.85 $17.44 $116.29 COMMERCIAL RECYCLE CART CONTAMINATION FEE per occurrence New Rate $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL ORGANIC WASTE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
35 GALLON CART 1x/week PICK-UP $41.26 $35.07 $6.19 $41.26 35 GALLON CART 2x/week PICK-UP $82.52 $70.14 $12.38 $82.52 35 GALLON CART 3x/week PICK-UP $123.78 $105.21 $18.57 $123.78 65 GALLON CART 1x/week PICK-UP $65.19 $55.41 $9.78 $65.19 65 GALLON CART 2x/week PICK-UP $130.37 $110.81 $19.56 $130.37 65 GALLON CART 3x/week PICK-UP $195.56 $166.23 $29.33 $195.56 2 YARD BIN 1x/week PICK-UP $348.61 $296.32 $52.29 $348.61 2 YARD BIN 2x/week PICK-UP $697.21 $592.63 $104.58 $697.21 2 YARD BIN 3x/week PICK-UP $1,045.82 $888.95 $156.87 $1,045.82 ORGANIC BIN NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $296.32 $52.29 $348.61 ORGANIC CART NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $35.07 $6.19 $41.26 ORGANIC BIN CONTAMINATION FEE per occurrence $116.29 $98.85 $17.44 $116.29 ORGANIC CART CONTAMINATION FEE per occurrence $58.16 $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
Pull out service (applicable when container must be moved more than 25ft) $71.94 $64.97 $11.47 $76.44 Lock latch (For any bin with lockbar other than split bins) $2.71 $2.45 $0.43 $2.88 Redeliver bin (due to non-payment) $101.78 $91.92 $16.22 $108.14 Lock latch bin one-time installation fee (For all lock latch except split bins) $120.81 $109.10 $19.25 $128.35

NON-SCHEDULE ADDITIONAL PICK-UPS
1st BIN PICK-UP (1.5 & 3 YARD BINS) $84.79 $76.58 $13.51 $90.09 BIN OVERAGE "OVER THE TOP" - Each Occurrence $47.31 $55.25 $9.75 $65.00 COMMERCIAL CONTAINER STEAM CLEANING (container exchanged) $135.14 $122.05 $21.54 $143.59

COMMERCIAL BULKY-ITEM COLLECTION
Bulky item pickups (no limit); max 20 items per collection $61.06 $55.14 $9.73 $64.87 Charge for Each Item Over 20 per collection $8.12 $7.33 $1.29 $8.62 Additional Fee Required for Gas Recovery $78.12 $70.55 $12.45 $83.00 INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
PERMANENT 30 YARD ROLL-OFF - Min. 4 PICK-UPS per/Month $2,646.69 $2,390.29 $421.82 $2,812.11 ADDITIONAL PICK-UP - PERM 30 YARD ROLL-OFF $661.67 $597.57 $105.45 $703.02 PERMANENT 15 YARD DEMO BOX - Min. 4 PICK-UPS per/Month $2,819.48 $2,546.34 $449.35 $2,995.69 ADDITIONAL PICK-UP - PERM 15 YARD DEMO $704.87 $636.59 $112.34 $748.93 PERMANENT 40 YARD PACKER - Each PICK-UP $825.04 $745.11 $131.49 $876.60 TEMPORARY 30 YARD ROLL-OFF BOX $663.40 $599.13 $105.73 $704.86 TEMPORARY 30 YARD ROLL-OFF BOX - Yardwaste $625.25 $564.68 $99.65 $664.33 TEMPORARY 15 YARD DEMO BOX $766.18 $691.96 $122.11 $814.07 THREE DAYS - 1 EMPTY

CONTAINER MONTHLY RENTALS
THREE (3) YARD BIN $67.58 $61.03 $10.77 $71.80
TILT HOPPER $52.72 $47.61 $8.40 $56.01
STORAGE CONTAINER $106.76 $96.42 $17.01 $113.43
PACKER UNIT - "TURN-A-ROUND" REQUIRED $13.76 $12.43 $2.19 $14.62 (Surcharge per Pull)
SATURDAY SERVICE - PER LOAD $40.74 $36.79 $6.49 $43.28
BREA OLINDA SCHOOL DISTRICT Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate

MONTHLY COMMERCIAL RATES
3 YARD BIN 1x/week PICK-UP $117.46 $106.08 $18.72 $124.80 3 YARD BIN - ADDITIONAL PICK-UP $85.56 $77.27 $13.64 $90.91 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A
CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025

ATTACHMENT A
Service rates are for the operation and administration of the solid waste disposal and recycling services and programs implemented by the franchisee as required by State law, the Brea Municipal Code, and the franchise agreement.

Such services include solid waste containers, solid waste pick-up, a set number of bulky item pickups per year, e-waste disposal, compost giveaways, and other community clean up events.

Additional information on services provided by Republic Services can be found at www.recyclebrea.net

ARE WE THE ONLY CITY EXPERIENCING A RATE
ADJUSTMENT ?
No. The costs associated with the proposed rate increase will affect most, if not all, jurisdictions in Orange County and the State. Costs associated with inflation, Senate Bill 1383 (SB 1383), and recycling markets will impact solid waste rates all across California.

WHAT IS SENATE BILL 1383 ?
Short-lived Climate Pollutants (SLCP): Organic Waste
Reductions Act was signed into law in 2016. The
law established statewide targets to achieve a 50%
reduction in the level of organic waste disposed
in landfills by 2020 and a 75% reduction by 2025.

Additionally, the law sets a statewide target of a 20%
reduction in the disposal of edible food, and for this
food to be recovered for human consumption.

For more information on SB 1383, please visit the
CalRecycle website at calrecycle.ca.gov/organics/slcp/

PROPOSED ADJUSTMENTS

TO SOLID WASTE & RECYCLING

SERVICE RATES

ATTACHMENT A

CITY OF BREA NOTICE OF PUBLIC HEARING FOR

PROPOSED ADJUSTMENTS TO SOLID WASTE & RECYCLING SERVICE RATES NOTICE IS HEREBY GIVEN that the Brea City Council will hold a public hearing on proposed adjustments to solid waste and recycling service rates on Tuesday, February 4, 2025 at 7:00 PM, or as soon as the matter may be heard, at 1 Civic Center Circle, Brea, CA 92821 in City Council Chambers. If approved by the City Council in the absence of a majority protest (see below), the initial increases will go into effect on March 1, 2025.

WHY HAVE I RECEIVED THIS NOTICE?
This notice is regarding a public hearing to consider proposed adjustments to solid waste and recycling service rates for all Brea solid waste customers.

The public hearing will be conducted in accordance with Proposition 218 (1996), specifically California Constitution Article XIII D, Section 6. This notice is being sent to all property owners of record whose parcels receive solid waste and recycling services from Brea’s solid waste hauler franchisee and to tenants who are directly responsible for payment of the solid waste and recycling service rates.

WHY ARE RATE INCREASES NECESSARY?
All California cities, including Brea, face the most stringent solid waste legislation in history under Senate Bill 1383 (2016) (“SB 1383”). SB 1383 mandates the State of California to reduce organic waste disposal (including green waste and food waste) 50% by January 1, 2020, and 75% by January 1, 2025.

SB 1383 also requires the State to recover 20% of edible food by January 1, 2025. As a result, green waste and food waste can no longer be disposed of in a landfill and must be recycled. The SB 1383 organic recycling mandates, along with current economic conditions, including equipment supply chain interruptions and labor shortages, are significantly impacting the solid waste industry. For the City of Brea to remain in compliance with State law and avoid being fined by the State, expanded solid waste and recycling services are necessary, none of which are funded by the State. Therefore, these expanded services and other cost increases must be funded by adjusting the solid waste and recycling service rates.

PROPOSED SOLID WASTE & RECYCLING SERVICE RATES
The City Council will consider the proposed adjustments to the solid waste and recycling service rates in connection with entering into a restated and amended Franchise Agreement with the City’s solid waste hauler franchisee, Republic Waste Services of Southern California LLC, which does business as Brea Disposal. The new Franchise Agreement will ensure that the City continues to be in compliance with SB 1383 and other unfunded State mandates for solid waste and recycling. The proposed rates represent the maximum amount that customers can be charged pursuant to the new Franchise Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform solid waste and recycling services.

Under the new Franchise Agreement, there are two customer classes: (i) single-family residential (premises with less than five dwelling units) and (ii) commercial, which includes multi-family and industrial. The proposed single-family residential monthly rate is a flat rate comprised of a City Utility Billing Component, Service Component, and Disposal Component, and includes one pick-up per week of a trash cart, recycling cart, and organic waste cart.

The proposed commercial monthly rates are comprised of a Service Component and a Disposal Component for each type of service (trash, recycling and organic waste), and for each type of service is based on: (i) container size (in gallons or cubic yards); (ii) type of container (e.g., cart or bin); and (iii) frequency of pick-ups per week. Absent a waiver, commercial customers are required to have trash, organic waste and recycling service. For all customers, extra services (e.g., roll-out services) are available at additional cost. A partial list of the proposed rates are set forth in the attached Exhibit A.

A full list of the proposed rates can be viewed on the City’s website at www.cityofbrea.net/recyclebrea.

If approved by the City Council, the initial rate adjustments will go into effect on March 1, 2025. In addition, without the City Council holding additional public hearings, the rates may be adjusted on July 1, 2025, July 1, 2026, July 1, 2027, and July 1, 2028 to account for inflation and changes in the gate rate at the County landfill. The method for calculating the annual adjustments can be viewed on the City’s website at cityofbrea.net/recyclebrea.

HOW CAN I PARTICIPATE? WHAT IS A MAJORITY PROTEST?
At the public hearing, the City Council will hear and consider all objections or protests to the proposed adjustments to the solid waste and recycling service rates. Any property owner of record whose parcel receives solid waste and recycling services from Republic and any property tenant that is directly responsible for payment of solid waste and recycling service rates (each, a "rate payer") may submit a written protest against the proposed adjustments to the solid waste and recycling service rates. Written protests may be personally delivered to the City Clerk during the public hearing.

Written protests may also be mailed to the City of Brea, Attention: City Clerk, 1 Civic Center Circle, Brea, CA 92821 or delivered in-person to City Hall, 1 Civic Center Circle, Brea, CA 92821. Protests that are mailed or delivered to City Hall must be received by the City Clerk by 7:00 PM on February 4, 2025.

To be counted, a written protest must: (1) identify the parcel of property subject to the proposed adjustments to solid waste and recycling service rates, (2) identify the rate payer, and (3) include the signature of the rate payer. Emailed protests will not be counted in determining the existence of a majority protest. A majority protest will exist if, at the end of the public hearing, there are written protests submitted by a majority of the rate payers subject to the proposed adjustments to solid waste and recycling service rates. No more than one written protest per parcel of property will be counted in calculating a majority protest. The City Council cannot adopt the proposed adjustments to the solid waste and recycling service rates if a majority protest exists.

WHERE CAN I FIND MORE INFORMATION?
For more information regarding the State’s SB 1383 unfunded mandate please visit CalRecycle’s website at calrecycle.ca.gov/organics/slcp. You may also contact the Brea Public Works Department at (714) 990-7691 if you have questions about this notice or your solid waste and recycling service rates.

ATTACHMENT A
SINGLE FAMILY RESIDENTIAL SERVICES* Current Rate 1City
Utility Billing
1Collection
Component (85%)
1Disposal
Component (15%)
1Proposed
Adjusted Rate
*Residential premises with 4 or less dwelling units
MONTHLY RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 (Includes 3 carts: 1 Trash, 1 Recycle, 1 Organic Waste 1x/week PICK-UP)

ADDITIONAL RESIDENTIAL
TRASH CONTAINER $13.15 $12.95 $2.28 $15.23
ORGANIC WASTE CONTAINER $6.04 $5.95 $1.05 $7.00
RECYCLE CONTAINER $0.00 $0.00 $0.00 $0.00
MOBILE HOME RESIDENTIAL RATE $27.80 $3.14 $25.03 $4.42 $32.59 TEMPORARY 3 YARD RES. BIN $105.89 $104.26 $18.40 $122.66 3 DAYS (Del - Fill - PICK-UP & Disposal)

RESIDENTIAL ROLL-OUT SERVICES
(Service is for customers that want back door, garage, walk in service) $14.01 $13.79 $2.43 $16.22 RESIDENTIAL EXTRA DUMP - ALL 3 CONTAINERS $29.74 $29.28 $5.17 $34.45 RESIDENTIAL EXCHANGE OF ALL 3 CONTAINERS $45.98 $45.27 $7.99 $53.26 RESIDENTIAL CONTAINER REPLACEMENT - MISUSE (Each) $81.36 $80.11 $14.14 $94.25

RESIDENTIAL BULKY-ITEM COLLECTION
Additional Pick-ups Over 3x Pick-up/Year $57.55 $56.67 $10.00 $66.67 Charge for Each Item Over 20 per Collection $8.22 $8.09 $1.43 $9.52 Additional Fee Required for Gas Recovery $78.12 $76.92 $13.57 $90.49 RESIDENTIAL KITCHEN PAIL FOR PURCHASE (unbranded) New Rate $12.15 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL BIN SERVICE Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
(Absent a waiver, trash, recycle and organic waste service is required.

Typical service includes 1 trash, 1 recycle, and 1 organic waste container) COMMERCIAL BARREL RATE (96 GALLON TRASH) $41.26 $37.26 $6.58 $43.84

MONTHLY COMMERCIAL TRASH BIN RATES

1.5 YARD TRASH BIN 1x/week PICK-UP $111.93 $101.09 $17.84 $118.93

1.5 YARD TRASH BIN 2x/week PICK-UP $194.06 $175.26 $30.93 $206.19

1.5 YARD TRASH BIN 3x/week PICK-UP $276.19 $249.43 $44.02 $293.45

1.5 YARD TRASH BIN 4x/week PICK-UP $358.32 $323.61 $57.11 $380.72

1.5 YARD TRASH BIN 5x/week PICK-UP $440.45 $397.78 $70.20 $467.98

1.5 YARD MANURE BIN 1x/week PICK-UP $123.43 $111.47 $19.67 $131.14

1.5 YARD MANURE BIN 2x/week PICK-UP $217.06 $196.03 $34.59 $230.62

1.5 YARD MANURE BIN 3x/week PICK-UP $310.69 $280.59 $49.52 $330.11

1.5 YARD MANURE BIN 4x/week PICK-UP $404.32 $365.15 $64.44 $429.59

1.5 YARD MANURE BIN 5x/week PICK-UP $497.95 $449.71 $79.36 $529.07 2 YARD TRASH BIN 1x/week PICK-UP New Rate $139.04 $24.54 $163.58 2 YARD TRASH BIN 2x/week PICK-UP New Rate $232.28 $40.99 $273.27 2 YARD TRASH BIN 3x/week PICK-UP New Rate $325.52 $57.44 $382.96 2 YARD TRASH BIN 4x/week PICK-UP New Rate $418.76 $73.90 $492.66 2 YARD TRASH BIN 5x/week PICK-UP New Rate $512.00 $90.35 $602.35 3 YARD TRASH BIN 1x/week PICK-UP $181.12 $163.57 $28.87 $192.44 3 YARD TRASH BIN 2x/week PICK-UP $302.58 $273.27 $48.22 $321.49 3 YARD TRASH BIN 3x/week PICK-UP $424.04 $382.96 $67.58 $450.54 3 YARD TRASH BIN 4x/week PICK-UP $545.50 $492.65 $86.94 $579.59 3 YARD TRASH BIN 5x/week PICK-UP $666.96 $602.35 $106.30 $708.65 3 YARD MANURE BIN 1x/week PICK-UP $195.79 $176.82 $31.20 $208.02 3 YARD MANURE BIN 2x/week PICK-UP $331.92 $299.77 $52.90 $352.67 3 YARD MANURE BIN 3x/week PICK-UP $468.05 $422.71 $74.60 $497.31 3 YARD MANURE BIN 4x/week PICK-UP $604.18 $545.65 $96.29 $641.94 3 YARD MANURE BIN 5x/week PICK-UP $740.31 $668.59 $117.99 $786.58 3 YARD TEMP CONSTRUCTION BIN 1x/week PICK-UP $232.94 $210.37 $37.12 $247.49 3 YARD TEMP CONSTRUCTION BIN 2x/week PICK-UP $360.11 $325.22 $57.39 $382.61 3 YARD TEMP CONSTRUCTION BIN 3x/week PICK-UP $487.28 $440.07 $77.66 $517.73 3 YARD TEMP CONSTRUCTION BIN 4x/week PICK-UP $614.45 $554.93 $97.93 $652.86 3 YARD TEMP CONSTRUCTION BIN 5x/week PICK-UP $741.62 $669.78 $118.20 $787.98 3 YARD COMPACTED BIN 1x/week PICK-UP $266.27 $240.48 $42.44 $282.92 3 YARD COMPACTED BIN 2x/week PICK-UP $481.71 $435.04 $76.77 $511.81 3 YARD COMPACTED BIN 3x/week PICK-UP $697.15 $629.61 $111.11 $740.72 3 YARD COMPACTED BIN 4x/week PICK-UP $912.59 $824.18 $145.44 $969.62 3 YARD COMPACTED BIN 5x/week PICK-UP $1,128.03 $1,018.75 $179.78 $1,198.53 4 YARD TRASH BIN 1x/week PICK-UP New Rate $188.11 $33.20 $221.31 4 YARD TRASH BIN 2x/week PICK-UP New Rate $314.26 $55.46 $369.72 4 YARD TRASH BIN 3x/week PICK-UP New Rate $440.41 $77.72 $518.13 4 YARD TRASH BIN 4x/week PICK-UP New Rate $566.55 $99.98 $666.53 4 YARD TRASH BIN 5x/week PICK-UP New Rate $692.70 $122.24 $814.94 6 YARD TRASH BIN 1x/week PICK-UP New Rate $327.15 $57.73 $384.88 6 YARD TRASH BIN 2x/week PICK-UP New Rate $546.54 $96.45 $642.99 6 YARD TRASH BIN 3x/week PICK-UP New Rate $765.92 $135.16 $901.08 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A

ATTACHMENT A
6 YARD TRASH BIN 4x/week PICK-UP New Rate $985.31 $173.88 $1,159.19 6 YARD TRASH BIN 5x/week PICK-UP New Rate $1,204.70 $212.59 $1,417.29 8 YARD TRASH BIN 1x/week PICK-UP New Rate $376.22 $66.39 $442.61 8 YARD TRASH BIN 2x/week PICK-UP New Rate $628.52 $110.91 $739.43 8 YARD TRASH BIN 3x/week PICK-UP New Rate $880.81 $155.44 $1,036.25 8 YARD TRASH BIN 4x/week PICK-UP New Rate $1,133.11 $199.96 $1,333.07 8 YARD TRASH BIN 5x/week PICK-UP New Rate $1,385.40 $244.48 $1,629.88 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL RECYCLE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
65 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 96 GALLON RECYCLE CART 1x/week PICK-UP New Rate $51.00 $9.00 $60.00 2 YARD RECYCLE BIN 1x/week PICK-UP New Rate $95.14 $16.79 $111.93 Additional per trip PICK-UP New Rate $95.14 $16.79 $111.93 3 YARD RECYCLE BIN 1x/week PICK-UP $152.81 $136.38 $24.07 $160.45 Additional per trip PICK-UP $152.81 $136.38 $24.07 $160.45 4 YARD RECYCLE BIN 1x/week PICK-UP New Rate $159.89 $28.22 $188.11 3 YARD SPLIT BIN (no additional lock fee or installation) New Rate $206.93 $36.52 $243.45 COMMERCIAL RECYCLE BIN CONTAMINATION FEE per occurrence New Rate $98.85 $17.44 $116.29 COMMERCIAL RECYCLE CART CONTAMINATION FEE per occurrence New Rate $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL ORGANIC WASTE RATES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
35 GALLON CART 1x/week PICK-UP $41.26 $35.07 $6.19 $41.26 35 GALLON CART 2x/week PICK-UP $82.52 $70.14 $12.38 $82.52 35 GALLON CART 3x/week PICK-UP $123.78 $105.21 $18.57 $123.78 65 GALLON CART 1x/week PICK-UP $65.19 $55.41 $9.78 $65.19 65 GALLON CART 2x/week PICK-UP $130.37 $110.81 $19.56 $130.37 65 GALLON CART 3x/week PICK-UP $195.56 $166.23 $29.33 $195.56 2 YARD BIN 1x/week PICK-UP $348.61 $296.32 $52.29 $348.61 2 YARD BIN 2x/week PICK-UP $697.21 $592.63 $104.58 $697.21 2 YARD BIN 3x/week PICK-UP $1,045.82 $888.95 $156.87 $1,045.82 ORGANIC BIN NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $296.32 $52.29 $348.61 ORGANIC CART NON-SCHEDULE ADDITIONAL PICK-UPS New Rate $35.07 $6.19 $41.26 ORGANIC BIN CONTAMINATION FEE per occurrence $116.29 $98.85 $17.44 $116.29 ORGANIC CART CONTAMINATION FEE per occurrence $58.16 $49.44 $8.72 $58.16 COMMERCIAL/MULTI-FAMILY/INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
Pull out service (applicable when container must be moved more than 25ft) $71.94 $64.97 $11.47 $76.44 Lock latch (For any bin with lockbar other than split bins) $2.71 $2.45 $0.43 $2.88 Redeliver bin (due to non-payment) $101.78 $91.92 $16.22 $108.14 Lock latch bin one-time installation fee (For all lock latch except split bins) $120.81 $109.10 $19.25 $128.35

NON-SCHEDULE ADDITIONAL PICK-UPS
1st BIN PICK-UP (1.5 & 3 YARD BINS) $84.79 $76.58 $13.51 $90.09 BIN OVERAGE "OVER THE TOP" - Each Occurrence $47.31 $55.25 $9.75 $65.00 COMMERCIAL CONTAINER STEAM CLEANING (container exchanged) $135.14 $122.05 $21.54 $143.59

COMMERCIAL BULKY-ITEM COLLECTION
Bulky item pickups (no limit); max 20 items per collection $61.06 $55.14 $9.73 $64.87 Charge for Each Item Over 20 per collection $8.12 $7.33 $1.29 $8.62 Additional Fee Required for Gas Recovery $78.12 $70.55 $12.45 $83.00 INDUSTRIAL SPECIAL SERVICES Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate
PERMANENT 30 YARD ROLL-OFF - Min. 4 PICK-UPS per/Month $2,646.69 $2,390.29 $421.82 $2,812.11 ADDITIONAL PICK-UP - PERM 30 YARD ROLL-OFF $661.67 $597.57 $105.45 $703.02 PERMANENT 15 YARD DEMO BOX - Min. 4 PICK-UPS per/Month $2,819.48 $2,546.34 $449.35 $2,995.69 ADDITIONAL PICK-UP - PERM 15 YARD DEMO $704.87 $636.59 $112.34 $748.93 PERMANENT 40 YARD PACKER - Each PICK-UP $825.04 $745.11 $131.49 $876.60 TEMPORARY 30 YARD ROLL-OFF BOX $663.40 $599.13 $105.73 $704.86 TEMPORARY 30 YARD ROLL-OFF BOX - Yardwaste $625.25 $564.68 $99.65 $664.33 TEMPORARY 15 YARD DEMO BOX $766.18 $691.96 $122.11 $814.07 THREE DAYS - 1 EMPTY

CONTAINER MONTHLY RENTALS
THREE (3) YARD BIN $67.58 $61.03 $10.77 $71.80
TILT HOPPER $52.72 $47.61 $8.40 $56.01
STORAGE CONTAINER $106.76 $96.42 $17.01 $113.43
PACKER UNIT - "TURN-A-ROUND" REQUIRED $13.76 $12.43 $2.19 $14.62 (Surcharge per Pull)
SATURDAY SERVICE - PER LOAD $40.74 $36.79 $6.49 $43.28
BREA OLINDA SCHOOL DISTRICT Current Rate 2Collection
Component (85%)
2Disposal
Component (15%)
2Proposed
Adjusted Rate

MONTHLY COMMERCIAL RATES
3 YARD BIN 1x/week PICK-UP $117.46 $106.08 $18.72 $124.80 3 YARD BIN - ADDITIONAL PICK-UP $85.56 $77.27 $13.64 $90.91 1 City Utility Billing, Collection Component and Disposal Component make up the Proposed Adjusted Rate for Single Family Residential. 2 Collection Component and Disposal Component make up the Proposed Adjusted Rate for Commercial/Multi-Family/Industrial.

FULL LIST OF PROPOSED RATES AVAILABLE ON CITY WEBSITE: www.cityofbrea.net/recyclebrea CITY OF BREA PROPOSED SOLID WASTE & RECYCLING SERVICE RATES EFFECTIVE MARCH 1, 2025 (Rates may escalate on July 1, 2025; July 1, 2026; July 1, 2027; and July 1, 2028)

EXHIBIT A

ATTACHMENT A
Final Memorandum
Economics | Strategy | Stakeholders | Sustainability
www.newgenstrategies.net
8140 North Mopac Expressway
Suite 1-240
Austin, TX 78759
Phone: (512) 806-7713
To: Michael Ho, Public Works Director – City of Brea
From: Dave Yanke, President, NewGen Strategies and Solutions, LLC Savanna Page, Senior Consultant, NewGen Strategies and Solutions, LLC Date: October 2, 2024
Re: Solid Waste Cost of Service Study and Proposed Rate Increase for FY 2024 – 2025 Introduction
NewGen Strategies and Solutions, LLC (NewGen) was retained by the City of Brea (City) to conduct a solid waste cost of service study to assess the financial integrity of the City’s residential solid waste collection service, while ensuring that the City’s cost of organics diversion collection services, provided by Republic Services (a.k.a. Brea Disposal) in compliance with SB 1383 regulations, were fully incorporated into NewGen’s cost analysis. In developing this analysis, the Project Team assessed and forecasted the cost of service by analyzing historical data, the current budget, and Republic’s estimated cost proposal to design rates for the City of Brea for Fiscal Year (FY) 2024-2025.

Test Year
In developing the Test Year revenue requirement for the City, NewGen used the FY 2024 – 2025 adopted budget as the basis for the Test Year. NewGen compared the FY 2024 – 2025 budget to historical budgets for FY 2023 – 2024, FY 2022 – 2023, and FY 2021 – 2022. Through this comparison and with input from City staff, NewGen made the following adjustments to ensure that the Test Year would reflect residential collection expenses that occur on a regular basis:
• 15% of all salary related expenses were deducted from the Test Year to remove the portion of expense used to fund commercial solid waste collection. • $487,740 of additional costs were added to the Test Year to cover the City’s additional expense associated with Republic Services providing organics diversion collection services.

Table 1 shows the projected revenue requirement for FY 2024 – 2025.

Table 1
Residential Solid Waste Revenue Requirement
FY 2024 – 2025
Solid Waste Budget (Less Commercial Costs) $ 4,017,186
Additional Organics Diversion Collection Cost 487,740
Total Solid Waste Revenue Requirement $ 4,504,926

ATTACHMENT B
Final Memorandum

City of Brea
Revenue Recovery from Current Rates
Table 2 shows the forecasted revenue recovery from the City’s current monthly service rate of $27.80.

Under current rates, residential collection service is projected to under-recover the revenue requirement by approximately $647,000 in FY 2024 – 2025. The under-recovery of revenue from current rates is detailed on lines 1 – 19 of Schedule 2.

Table 2
Revenue Recovery from Current Rates
FY 2024 – 2025
Revenue from Current Rates
Standard Cart Service Revenue $ 3,756,002
Additional Cart Revenue 101,939
Total Annual Solid Waste Revenue $ 3,857,941
Total Annual Solid Waste Revenue $ 3,857,941
Solid Waste Revenue Requirement 4,504,926
Over/(Under) Recovery at Current Rates $ (646,985)
Proposed Rates
Table 3 shows the proposed rate increase required to fully recover the City’s residential revenue requirement for FY 2024 – 2025. In order to recover the $646,985 revenue shortfall, the City needs to increase the monthly rate by $4.79 for a total rate of $32.59 per month. Of the $4.79 increase, approximately 75% is related to the additional organics diversion collection cost (e.g. SB 1383), while the other 25% is needed to recover the City’s normal increase in budgeted residential solid waste expenses.

See Schedule 2 for more detail.

Table 3
Proposed Rates
FY 2024 – 2025
Over/(Under) Recovery at Current Rates $ (646,985)
Monthly Residential Customers 11,259
Rate Increase needed to Recover Revenue Requirement1 $ 4.79

1. Rate increase needed to recover Revenue Requirement= $646,985 / 11,259 customers / 12 months = $4.79.

Recommendations
This analysis confirms that the City’s residential collection service is under-recovering the required revenue requirement for FY 2024 – 2025. In addition to the $3.61 monthly rate increase proposed by Republic Services to provide organics diversion collection services, NewGen also recommends a $1.18

ATTACHMENT B
Final Memorandum

City of Brea
monthly rate increase to fully recover operational costs for FY 2024 – 2025. These adjustments bring the proposed monthly residential rate adjustment to $4.79, resulting in a monthly bill of $32.59 per month.

NewGen would note that in working with our municipal clients throughout the United States, we are observing cost based residential rates that are now in the $30 to $35 per month range, with some exceeding $40 per month. Therefore, NewGen does not find this rate increase unreasonable given that Republic Services is offering an additional service to the City.

ATTACHMENT B
Schedule 1
Line Item FY 2020-2021 FY 2021-2022 FY 2021-2022 FY 2022-2023 FY 2023-2024 FY 2024-2025 Test No. No. Description Actual Budget Actual Budget Budget Budget Adjustments Year Notes 1 Expenses
2 4098 APPROPRIATION (NON-SPEC) $ - $ - $ 4,332 $ - $ - $ - $ - $ - 3 4111 FULL TIME 71,923 94,816 94,415 175,151 132,979 140,732 (21,110) 119,622 A 4 4112 PART-TIME & SEASONAL 62,576 64,169 66,458 68,604 67,346 71,193 (10,679) 60,514 A 5 4113 OVERTIME 1 121 8,263 188 188 192 (29) 163 A
6 41230045 VACATION PAYOFF - - 4,537 - 1,512 1,512 (227) 1,285 A 7 41230048 VACATION BUYDOWN 1,441 1213 150.7 1,200 716 716 (107) 609 A 8 41230064 COMP TERMINATION PAYOFF - - 56 - - - - - A
9 41230137 HOLIDAY BANKS PAID - - 59 - - - - - A
10 41230140 PERFORMANCE AWARD - 1,334 - 1,100 600 600 (90) 510 A 11 41230190 UNIFORM ALLOWANCE - 13 - 13 13 - - - A
12 41230192 WORK SHOE REIMBURSEMENT 17 - 13 - - - - - A 13 41230196 FITNESS/WELLNESS PROGRAM 238 506 193 956 731 765 (115) 650 A 14 4131 RETIREMENT PERS 25,942 32,120 34,105 57,989 44,265 50,843 (7,626) 43,217 A 15 4131A PERS COST SHARING (128) - (268) - - - - - A
16 4134 WORKERS' COMPENSATION 8,371 10,700 10,829 16,502 9,234 10,020 (1,503) 8,517 A 17 4141 MEDICARE 1,964 2,500 2,601 3,918 3,105 3,280 (492) 2,788 A 18 4151 FLEXIBLE BENEFITS 8,658 13,166 11,192 25,856 13,481 13,217 (1,983) 11,234 A 19 4152 TUITION REIMBURSEMENT - - - 413 413 421 (63) 358 A 20 4153 AUTOMOBILE ALLOWANCE 1,218 1,200 1,203 1,200 1,200 1,200 (180) 1,020 A 21 4173 UNPAID COMPENSATED ABSENC 1,029 - (6,428) - 400 - - 22 4212 TELEPHONE & FAXES 623 - 581 - - - -
23 4231 ADVERTISING 501 - 543 - - - -
24 4232 SUBSCRIPTIONS 130 - - - - - -
25 4244 LEGAL 6,242 - 16,321 - - - -
26 4249 PROFESSIONAL SVC-OTHER 26,424 50,000 31,671 65,000 65,000 66,300 66,300 27 4267 CONTR SVC-TRASH COLLECT 1,998,678 2,034,200 2,041,606 2,034,200 2,469,000 2,543,000 2,543,000 28 4268 CONTR SVC-TRASH DISPOSAL 875,144 936,230 754,581 869,657 871,214 897,310 897,310 29 4271 MILEAGE REIMBT - AUTO - - - - - - -
30 4279 TRAVEL & MEETING EXPENSE - - - - 3,100 1,950 1,950 31 4311 FOOD & CLOTHING - - 101 - - - -
32 4327 MINOR TOOLS & EQUIPMENT - - 97 - - - -
33 4329 OFFICE SUPPLIES-OTHER - - 1,354 - - - -
34 4332 JANITORIAL SUPPLIES - - - - 11,000 - -
35 4334 ROCK ASPHALT SAND ETC - - - 15,000 900 13,350 13,350 36 4432 UNCOLLECTIBLE ACCOUNTS 5,963 3,000 2,097 3,000 3,000 3,060 3,060 37 4441 MISCELLANEOUS EXPENSE - - - - - - -
38 5819 VEHICLES - OTHER - - - - 153,625 153,625 153,625 39 5822 TECHNOLOGY CHARGES 9,530 11,789 11,789 12,277 11,627 11,627 11,627 40 5826 RETIREE BENEFIT CHARGES 2,394 3,220 3,220 3,376 4,088 4,169 4,169 41 5827 GENERAL LIABILITY CHG 5,202 7,547 7,547 8,932 8,505 8,788 8,788 42 5828 INDIRECT OVERHD-CITYWIDE 39,700 48,800 48,800 51,790 61,940 63,520 63,520 43 Additional Organic Recycling Hauling Fee 487,740 $ 487,740 B 45 TOTAL EXPENSES $ 3,153,782 $ 3,316,644 $ 3,152,018 $ 3,416,322 $ 3,939,182 $ 4,061,390 $ 443,536 $ 4,504,926 46 47 Revenues
48 3621 REFUSE COLLECTION $ 2,923,934 $ 3,092,375 $ 3,053,833 $ 2,989,637 $ 3,643,000 $ 3,760,000 $ 3,760,000 49 TOTAL REVENUES $ 2,923,934 $ 3,092,375 $ 3,053,833 $ 2,989,637 $ 3,643,000 $ 3,760,000 $ - $ 3,760,000 50 51 Over/Under Recovery $ (229,848) $ (224,269) $ (98,185) $ (426,685) $ (296,182) $ (301,390) $ (744,926) Notes:

A Adjustments were made to remove the portion of expense that is used to fund commercial solid waste collection, which according to City staff is 15% of salary expenses.

B Additional organic recycling hauling cost per Republic cost proposal 8.14.24 set at $3.61 per household per month. $3.61 x 11,259 customers x 12 months = $487,740
City of Brea
Solid Waste Cost of Service
Residential Solid Waste Budget
Prepared by NewGen Strategies and Services

10/1/2024

ATTACHMENT B
Schedule 2
Line
No.

FY
2021-2022
FY
2022-2023
FY
2023-2024
FY
2024-2025
Notes
1 Monthly Billed Rate
2 Net to Hauler $ 14.75 $ 15.95 $ 16.76 $ 16.68 A
3 Tonnage Fees 6.57 6.19 6.14 7.16 A
4 Less Recycling Credit (0.25) (0.33) (0.29) (0.29) A
5 Franchise Fee 2.04 2.12 2.20 2.29 A
6 Public Works/Utility Billing 1.27 1.35 1.65 1.96 A
7 Total $ 24.38 $ 25.28 $ 26.46 $ 27.80 A
8 Additional Fees
9 Additional Trash Cart ($/month) $ 11.74 $ 12.24 $ 12.54 $ 13.15 A 10 Cost of Service
11 FY 2024 - 2025 $ 4,504,926 B
12 Customer Count
13 Residential Customers 11,219 11,276 11,234 11,259 C
14 Number of Households with addt'l cart 523 555 561 646 C 15 Revenue from Rates
16 Est. Solid Waste Revenue (Standard Service) $ 3,756,002 D 17 Est. Additional Cart Revenue 101,939 E
18 Total (Annual) $ 3,857,941
19 Over / Under $ (646,985) F
20 Increase per Month to recover Additional Organic Recycling Hauling $ 3.61 I 21 Increase per Month required in Addition to Republic Increase 1.18 J 22 Increase per Month to Recover Cost of Service $ 4.79 G 23 Monthly Rate to Recover the Cost of Service $ 32.59 H Notes:

A
B
C
D
E
F
G
H
I
J
Calculated by dividing the Variance (Line 19) by the number of Residential Customers (Line 13) divided by 12 months.

The required rate of $32.59 per month is calculated by adding the amount needed to increase the billed rate per month to recover the total Cost of Service (Line 22) to the current Monthly Billed Rate (Line 7).

From Republic Memo 8.14. Increase includes Franchise Fee.

The remaining shortfall required to be recovered for FY 2024 - 2025 after including a $3.61 per month increase City of Brea
Solid Waste Cost of Service
Contracted Rates
Rate components as itemized in City's Finance Committee Memorandums dated May 12, 2020, May 11, 2021, May 9, 2023, and May 2024 which were provided as part of the data request.

The cost of service calculated per NewGen based on the FY 2024 - 2025 Budget and adjustments, as noted in Schedule 1.

Per Republic memo 8.14.

Calculated by multiplying the Number of Residential Customers (Line 13) by the monthly fee (Line 7) for a year (12 months):
11,259 X $27.80 X 12 = $3,756,002
Calculated by multiplying the Number of Households with an Additional Trash Cart (Line 14) by the monthly fee (Line 9) for a year (12 months):
646 X $13.15 X 12 = $101,939
The Variance between the FY 2024 - 2025 Cost of Service (Line 11) and the Estimated Revenue Generated from Rates (Line 18):
$3,857,941 -$4,504,926 = - $646,985.
$646,985 / 11,259 customers / 12 months = $4.79
Monthly Rate to Recover the Cost of Service = $27.80 + $4.79 = $32.59 Prepared by NewGen Strategies and Solutions

10/1/2024

ATTACHMENT B
Combined Resolution- approving agreement and rates
RESOLUTION NO. 2025-_____

A RESOLUTION OF THE BREA CITY COUNCIL APPROVING

ADJUSTMENTS TO THE SOLID WASTE AND RECYCLING SERVICE
RATES; APPROVING A SECOND AMENDED AND RESTATED

FRANCHISE AGREEMENT WITH REPUBLIC WASTE SERVICES OF
SOUTHERN CALIFORNIA, LLC; MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND TAKING RELATED ACTIONS
A. RECITALS:
(i) By enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.), the Legislature has declared that it is in the public interest to require local agencies to make adequate provision for solid waste handling within their respective jurisdictions to meet the statute’s objectives. (ii) Pursuant to Public Resources Code Sections 40059 and 49300, and pursuant to Brea City Code Sections 8.28.030 and 8.28.070, the City is authorized to grant a qualified solid waste enterprise an exclusive franchise for the collection, transportation, recycling, composting and disposal of solid waste (“Solid Waste Services”).
(iii) The City and Republic Waste Services of Southern California, LLC (“Brea Disposal”) (successor to Taormina Industries, LLC) are parties to a September 3, 2002 Restated and Amended Agreement for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste, Recyclable and Compostable Materials (“2002 Franchise Agreement”).
(iv) The City and Brea Disposal have supplemented the 2002 Franchise Agreement by executing a November 19, 2019 Commercial Organics Recycling Program Agreement (“2019 CORP Agreement”), and have amended the 2002 Franchise Agreement by executing a January 21, 2020 Amendment No. 1 to Restated and Amended Agreement for the Collection, Transportation, Recycling, Composting and Disposal of Solid Waste, Recyclable and Compostable Materials (“2020 Amendment”). (v) The 2002 Franchise Agreement, as amended by the 2020 Amendment, is referred to herein as the “Current Agreement.”
(vi) Senate Bill 1383 (2016) and implementing California Department of Resources Recycling and Recovery (“CalRecycle”) regulations (collectively, “SB 1383”) require jurisdictions to provide organic waste collection services to all solid waste generators, and, in connection therewith, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other mandates. (vii) Brea Disposal represents and warrants to the City that it has the experience, responsibility, and qualifications to perform services required by SB 1383.

ATTACHMENT C
Resolution No. 2025-____