Agenda packet — Brea City Council, April 15, 2025 (part 2 of 4)

Applicant: Brea 1 Inv, LLC
TTM No. 19315
vi) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Brea, as follows:

1. In all respects as set forth in Recitals, Part A, of this Resolution.

2. The Project identified above in this Resolution has been assessed in accordance with the California Environmental Quality Act ( CEQA) Guidelines, and the environmental regulations of the City. The Project is categorically exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15332. Class 32 is applicable as the Project is an in-fill development that meets the following conditions: ( a) the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as the applicable designation and regulations; ( b) the proposed development occurs on a project site of no more than five acres substantially surrounded by urban uses; ( c) the Project has no habitat for endangered, rare, or threatened species; ( d) approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality; and e) the site can be adequately served by all required utilities and public services.

Technical analyses prepared for the Project, which includes a Scoping Agreement for Traffic Impact Analysis, Noise Impact Study, Air Quality, Greenhouse Gas, and Energy Impact Study, and Preliminary Water Quality Management Plan, demonstrated that the Project will not have any significant effect related to traffic, noise, air quality, and water quality. Therefore, the Project is categorically exempt from the provisions of CEQA.

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
TTM No. 19315

3. The Commission further finds in consideration of TTM No. 19315 as follows:
a. Finding: That the proposed map is consistent with the applicable General Plan and Specific plans;
Fact: The subject property has a General Plan land use
designation of Mixed Use I, which is intended to create areas for intense, mixeduse, urban environments that offer opportunities for people to live, work, shop, and recreate without having to use their cars. TTM No. 19315 is consistent with the Brea General Plan because it will allow the construction of a for-sale housing development on a site in the City’s Housing Element residential sites inventory, identified as Focused Development Site 10, with an estimated capacity to accommodate 32 units. In addition, TTM No. 19315 is consistent with Goal CD-1 and Policies CD-1.1, CD-1.4, and CD-1.5 in that it will allow development that integrates single-family attached housing and live/work units in a mixed-use area.

The proposed subdivision will maintain the existing General Plan land use designation on the property, allowing the construction of a housing development, and creating 32 new condominium units for future homeowners. b. Finding: That the site is physically suitable for the type of development;
Fact: The subject property is 1.11 acres in size ( 0.99 acres after the required public right-of-way dedication) and occupied by a single- story, existing commercial building. The map will subdivide the existing site into 32 condominium units. The Project Site is physically suitable to accommodate the Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
TTM No. 19315
mixed- use development and the proposed parcels meet all applicable development standards pursuant to Brea City Code Section 20.258.020 and

20.258.030 for development in the MU-I zone, except for parking standards and those waivers requested by State Density Bonus Law. As such, the Project site adequately accommodates the proposed subdivision.
c. Finding: That the site is physically suitable for the proposed density of development;
Fact: The Project Site is physically suitable for the
proposed density of development. TTM No. 19315 will adjust the lot line boundaries to match the proposed Project’ s development configuration, including the required dedication of 10 feet of existing sidewalk areas along Brea Boulevard and Fir Street as public right-of-way. It will not result in a change to the density permitted on the site, as the Mixed- Use I designation allows for a residential density of 12.1 to 50 dwelling units per acre. d. Finding: That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially unavoidably injure fish or wildlife, or their habitat; Fact: The design of TTM No. 19315 is not likely to cause substantial environmental damage or substantially unavoidably injure fish or wildlife, or their habitat. The existing parcel has been previously disturbed and developed and is an urban property surrounded by other urban uses. The site is not suitable habitat for wildlife and the proposed Project will, therefore, not cause substantial environmental damage or injure wildlife.

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
TTM No. 19315
e. Finding: That the design of the subdivision or type of improvements is likely to cause serious public health problems; Fact: The design of TTM No. 19315 is not likely to cause serious public health problems in that the new subdivision and improvements will be required to comply with the approved plans and development standards as required by the City of Brea. In addition to these development standards, any development will be required to comply with Brea City Code and all applicable codes, including but not limited to, California Building and Fire Codes. With implementation of the conditions of approval attached to a separate resolution approving PD No. 2023-03, the subdivision will not cause and change or impact to public health.
f. Finding: That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through use of property within the proposed subdivision.

Fact: The design of the subdivision or the type of
improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

4. TTM No. 19315 is hereby approved, subject to the conditions of approval attached to a separate resolution approving PD No. 2023-03 for the South Brea Townhomes Project.

5. The Secretary of this Commission shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED this 23rd day of July, 2024.

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
TTM No. 19315
Chair, Planning Commission
I, Joanne Hwang, Secretary to the Planning Commission of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Brea held on the 23rd day of July, 2024, and was finally passed at a regular meeting of the Planning Commission of the City of Brea, held on the 23rd day of July, 2024, by the following votes:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ATTEST: ___________________________
Secretary, Planning Commission

ATTACHMENT B
DRAFT) RESOLUTION NO. PC 2024-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BREA APPROVING DENSITY BONUS NO. 2023- 01: TO ALLOW

UTILIZATION OF STATE DENSITY LAW PROVISIONS FOR THE

CONSTRUCTION OF A HOUSING DEVELOPMENT CONSISTING OF

AFFORDABLE UNITS FOR THE SOUTH BREA TOWNHOMES
PROJECT LOCATED AT 685 SOUTH BREA BOULEVARD AND
FINDING COMPLIANCE WITH NO NET LESS LAW.

A. RECITALS:
i) The Planning Commission of the City of Brea ( the “ Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map ( TTM) No. 19315, Density Bonus ( DB) No. 2023-01, and Precise Development ( PD) No. 2023-03 to allow the demolition of an approximately 6,592-square-foot commercial building and construction of a new housing development project that will include 29 residential single-family attached units and three live/work units, for a total of 32 units, dispersed in four buildings ( referred to herein as the “Project”) for that certain real property located at 685 South Brea Boulevard, in the City of Brea, and further legally described as Assessor Parcel Number 284-282-06, as shown in the latest records of the County of Orange Assessor’ s Office.
ii) The Project applicant is Brea 1 Inv, LLC, 685 South Brea Boulevard. iii) The Project site is zoned Mixed- Use I (MU-I) and designated as Mixed Use I by the General Plan.
iv) DB No. 2023-01 would allow the Applicant to utilize the following Density Bonus provisions: 1) Density Bonus parking standards; and 2) waivers of five separate development standards, which includes reductions of the front setback to 6”, the street side setbacks to between 3’-4” and 5’-2”, the landscaping setbacks to between 1’-11” Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
DB No. 2023-01
and 5’-11”, the common open space requirement to 23 square feet per dwelling unit, and the private open space requirement to 50 square feet per dwelling unit. v) On July 23, 2024, the Planning Commission held a duly noticed public hearing on the Project, during which it received and considered all evidence and testimony presented prior to adoption of this resolution. vi) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Brea, as follows:

1. In all respects as set forth in Recitals, Part A, of this Resolution.

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
DB No. 2023-01
Technical analyses prepared for the Project, which includes a Scoping Agreement for Traffic Impact Analysis, Noise Impact Study, Air Quality, Greenhouse Gas, and Energy Impact Study, and Preliminary Water Quality Management Plan, demonstrated that the Project will not have any significant effect related to traffic, noise, air quality, and water quality. Therefore, the Project is categorically exempt from the provisions of CEQA.

3. The Commission further finds in consideration of DB No. 2023-01 as follows:
a. Finding: The Project meets the requirements of the State Density Bonus Law to utilize parking standards and waivers specified in the State Density Bonus Law;
Fact: The Project consists of 29 residential and three
live/work units, for a total of 32 housing units. Four of the 32 units would be reserved for moderate- income households. Thus, 10 percent of the base units would be affordable to moderate- income households, making the Project eligible for unlimited waivers and State Density Bonus Law parking standards under State Density Bonus Law. With the waiver requests, the Project would be built at the density identified in City’s Sixth Cycle Housing Element, and the proposed reduction in applicable street setbacks is similar and compatible with existing development pattern in the surrounding mixed- use environment. Additionally, while the Project includes reductions to landscaping setbacks and open space, the Applicant would contribute funding toward off-site public park development.

Based on the Project details, the proposed waivers are not expected to cause Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
DB No. 2023-01
any specific adverse impacts upon health or safety. In addition, the proposed Project is consistent with the General Plan Housing Element Goal 6 in that the Project will provide a variety of housing types and support production of affordable housing through density bonus incentives.

4. The Commission further finds in consideration of the State No Net Loss Law as follows:
a. Finding: That the remaining sites identified in the
Housing Element are adequate to meet the requirements of Government Code Section 65583. 2 and to accommodate the City’s remaining unmet regional housing need allocation at each income level.

Fact: The Project site is identified in the City’s Housing Element residential sites inventory as Focused Development Site 10, with an estimated capacity to accommodate 32 units, consisting of 16 very low-income units and 16 low-income units. The Project proposes a total of 32 units for the site, consisting of 28 above moderate- income units and four moderate income units. As a result, the proposed Project provides 32 fewer lower income units than identified in the Housing Element, while providing additional moderate income and above moderate income units. The City’s regional housing need allocation ( RHNA) for the 2021-2029 planning period is 2,365 housing units for all income levels, consisting of 669 very low-income units, 393 low-income units, 403 moderate- income units, and 900 above moderate- income units. The Housing Element sites inventory identifies a total unit capacity of 1,301 units for lower- Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
DB No. 2023-01
income units, which is a surplus of 239 units. The City’s approval of the Project, which would remove 32 of the units from the lower-income capacity calculation, would not cause the lower-income RHNA category to be insufficient, as shown in the below table:

Income
Category
Total
RHNA
Housing Element
Site Inventory Total
Unit Potential
Existing
Surplus/
Shortfall
Proposed
Project
Updated
Surplus/
Shortfall
Very Low 669 1,301 + 239 - 32 + 207 Low 393
Moderate 403 556 + 153 + 4 + 157
Above
Moderate 900 1,454 + 554 + 28 + 582
Total 2,365 3,311 + 946 n/a + 946
As such, there is still more than adequate capacity at the remaining Housing Elements sites.

5. Based on reasons specified in the resolution, DB No. 2023-01 is hereby approved.

6. The Secretary of this Commission shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED this 23rd day of July, 2024.

Chair, Planning Commission
I, Joanne Hwang, Secretary to the Planning Commission of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Brea held on the 23rd day of July, 2024, and was finally passed at a regular meeting of the Planning Commission of the City of Brea, held on the 23rd day of July, 2024, by the following votes:

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
DB No. 2023-01
AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ATTEST: ___________________________
Secretary, Planning Commission

ATTACHMENT C
DRAFT) RESOLUTION NO. PC 2024-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BREA APPROVING PRECISE DEVELOPMENT NO. 2023- 03: TO

ALLOW THE DEMOLITION OF AN EXISTING COMMERCIAL

BUILDING AND CONSTRUCTION OF A HOUSING DEVELOPMENT
SOUTH BREA TOWNHOMES PROJECT) CONSISTING OF 29

SINGLE- FAMIILY ATTACHED UNITS AND THREE LIVE/ WORK UNITS, FOR A TOTAL OF 32 UNITS, LOCATED AT 685 SOUTH BREA
BOULEVARD.

A. RECITALS:
i) The Planning Commission of the City of Brea ( the “ Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map ( TTM) No. 19315, Density Bonus ( DB) No. 2023-01, and Precise Development ( PD) No. 2023-03 to allow the demolition of an approximately 6,592-square-foot commercial building and construction of a new housing development project that will include 29 residential single-family attached units and three live/work units, for a total of 32 units, dispersed in four buildings ( referred to herein as the “Project”) for that certain real property located at 685 South Brea Boulevard, in the City of Brea, and further legally described as Assessor Parcel Number 284-282-06, as shown in the latest records of the County of Orange Assessor’ s Office.
ii) The Project applicant is Brea 1 Inv, LLC, 685 South Brea Boulevard. iii) The Project site is zoned Mixed- Use I (MU-I) and designated as Mixed Use I by the General Plan.
iv) PD No. 2023-03 would allow demolition of the existing commercial building and construction of a new housing development that would include 29 residential singlefamily attached units and three live/work units, for a total of 32 units, dispersed in four buildings.

Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
P-D No. 2023-03
v) On July 23, 2024, the Planning Commission held a duly noticed public hearing on the Project, during which it received and considered all evidence and testimony presented prior to adoption of this resolution. vi) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Brea, as follows:

1. In all respects as set forth in Recitals, Part A, of this Resolution.

Technical analyses prepared for the Project, which includes a Scoping Agreement for Traffic Impact Analysis, Noise Impact Study, Air Quality, Greenhouse Gas, and Energy Resolution No. 2024-XX

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Applicant: Brea 1 Inv, LLC
P-D No. 2023-03
Impact Study, and Preliminary Water Quality Management Plan, demonstrated that the Project will not have any significant effect related to traffic, noise, air quality, and water quality. Therefore, the Project is categorically exempt from the provisions of CEQA.

3. The Commission further finds in consideration of PD No. 2023-03 as follows:
a. Finding: The proposed Project is in compliance with applicable provisions of the Brea City Code and all requirements of law.

Fact: The demolition of an existing commercial building and the adjacent surface parking existing and development of the proposed Project that consists of the new South Brea Townhomes development is in compliance with all applicable development standards pursuant to Brea City Code Section

20.258.020 and 20.258.030 for development in the MU-I zone, except for parking standards and those waivers requested by State Density Bonus Law. The technical studies prepared for the Project demonstrated that the Project would not have any significant effect related to traffic, noise, air quality, and water quality. Given all information known to date and the conditions of approval, this request is not anticipated to result in significant impacts to City services nor to be detrimental to existing uses in the zone or within the surrounding neighborhood.

4. PD No. 2023-03 is hereby approved, subject to the conditions of approval found in Exhibit A of this resolution.

5. The Secretary of this Commission shall certify to the adoption of this Resolution.

ADOPTED AND APPROVED this 23rd day of July, 2024.

Resolution No. 2024-XX

Page 4 ends

Applicant: Brea 1 Inv, LLC
P-D No. 2023-03
Chair, Planning Commission
I, Joanne Hwang, Secretary to the Planning Commission of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Brea held on the 23rd day of July, 2024, and was finally passed at a regular meeting of the Planning Commission of the City of Brea, held on the 23rd day of July, 2024, by the following votes:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAIN: COMMISSIONERS:

ATTEST: ___________________________
Secretary, Planning Commission

ATTACHMENT D
EXHIBIT A OF RESOLUTION NO. 2024- XX

SOUTH BREA TOWNHOMES PROJECT
TENTATIVE TRACT MAP NO. 19315, DENSITY BONUS NO. 2023- 01, AND PRECISE DEVELOPMENT NO. 2023- 03

CONDITIONS OF APPROVAL
Planning Division – Community Development Department

1. Development and operations shall occur in substantial compliance with the plans and documents reviewed and approved by the Planning Commission on July 23, 2024, which includes, but not limited to, site plan, floor plans, and elevation drawings on file with the Planning Division, the conditions contained herein and all applicable Federal, State, County and local regulations. The City Planner may approve minor modifications to the approved project plans.

2. The Applicant shall prepare and submit a physical copy ( suitable for archival storage) of the final plans and technical studies to the Brea Planning Division prior to the issuance of any building permits for the development.

3. Live/Work Units: The following use restrictions shall apply to three Live/Work units Units 14, 17, and 18):
a. The live/work units shall have direct interior access between the work and living areas and are restricted to businesses where customers/ client visitations are limited or sporadic, such as administrative office and other similar uses as determined by the City Planner. This space is restricted from being rented to a separate tenant.
b. Any businesses within the live/work space shall obtain a City Business License.

4. Prior to any permit issuance, Covenants, Conditions, and Restrictions ( CC&R’s) for the community association bylaws establishing a joint tenants and owners shall be submitted to the Planning Division for City review and approval. Such CC&Rs must, at minimum, address the following:
a. A requirement that residents shall use the designated parking areas ( i.e. garages), only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the Association or City of Brea staff.
c. Prohibition of vehicle parking within the drive aisles. d. Permitted hours of operation for the commercial use within live/work units e. Use restrictions for the commercial use within live/work units f. Maintenance of all common areas.

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5. Final architectural elevation plans and details shall be provided at time of plan check for the review and approval of the City Planner prior to the issuance of building permits. Architecture and design features shall be consistent with the specifications and details provided in the approved Project plans and shall include high quality materials and finishes. Requests to modify the approved building elevations, materials and details, colors and other architectural elevation features may be reviewed and approved by the City Planner.

6. Prior to issuance of any building permits, the Applicant shall submit a final landscape, hardscape and light fixture/ photometric plans and details shall be provided for the review and approval of the City Planner prior to the issuance of building permits. The final landscaping plan shall be in substantial conformance with the conceptual landscape plan on file and comply with the City’s Water Efficient Landscaping Requirements.
a. Prior to release of Certificate of Occupancy, approved landscaping and irrigation shall be installed.

7. All new landscaping shall be installed in conformance with the approved plans and applicable Brea City Code (BCC) and maintained in perpetuity. Landscaping shall be replaced in a timely manner in an event that it is removed, damaged and/or dead.

8. All roof-mounted and ground- mounted equipment shall be screened from public views at ground elevation. All screen designs shall be architecturally integrated with the building and shall be subject to the review and approval of the City Planner and Building and Safety Division.
a. Noise generating equipment shall require special consideration in their location and screening in order to avoid creating a nuisance. All uses and operations shall adhere to the City’s adopted noise ordinance.

9. Balcony run-off shall be integrated in the building structure and storm drain system.

Balcony drain water shall not drain down the side of balconies and/or building exterior.

10. All electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall be installed underground within the exterior boundary lines of such property.

11. Within 30 days of the issuance of the final invoice and prior to the issuance of any building permits, the Applicant is responsible for paying all charges related to the processing of the Project. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.

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12. Any permit is subject to expiration and revocation as provided in BCC Chapter

20.412.020, and said provisions are specifically made a part hereof without negating the applicability of any other provision of this title of any other ordinance.

13. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees (“ Indemnitees”) free and harmless from: ( i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by approval of Tentative Tract Map ( TTM) No. 19315, Density Bonus ( DB) No. 2023-01, and PD No. 2023-03, and (ii) any and all claims, lawsuits, liabilities, and/or the granting or exercise of the rights authorized by said approval; and (iii) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this permit. Applicant’ s obligation to indemnify, defend and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitee’ s choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorney’ s fees in any such lawsuit or action.

Housing Division – Community Development Department

14. Four units shall be provided as for-sale affordable units for moderate- income households for a minimum period of 45 years.

15. An Affordable Housing Agreement between the developer and the City, prepared by the City and approved by the City Council shall indicate the number, type, location, and approximate size, and construction scheduling of all dwelling units. Provisions shall be provided for resale restrictions, monitoring affordability of the units, and the eligibility of the households. Prior to any permit issuance, this agreement shall be recorded in the office of the Orange County Recorder.

16. The Applicant shall coordinate with and accommodate the City as necessary to provide the four affordable units as low-income units, if the City identifies an opportunity to offer potential financial assistance to future buyers of the four affordable units (e.g. down payment assistance with silent second loan, etc.).

Building and Safety Division – Community Development Department

17. All designs shall comply with the Codes adopted at the time of the permit submittal.

Currently the 2022 California Building, Mechanical, Electrical, Plumbing, Cal Green, Energy, Fire Codes, City of Brea Municipal Code & Ordinances.

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18. Building permits are required for all the proposed work, California Building Code CBC) 2022 Sec [A]105.1.
a. All plans must be submitted electronically, and shall include structural calculations, Title 24, and fire and life safety analysis with proposed occupant loads.
b. At time of building permit submittal, some required construction documents are: Architectural, Structural, Mechanical, Electrical, Energy, Plumbing, Civil ( Grading, Erosion Control), Landscaping, Structural Calculations, Energy Calculations, MEP related Calculations & Equipment Cut Sheets, Specs & Geotechnical Report.

The following requires separate submittals and permit issuance:
i. Demo work
ii. Building construction documents
iii. Civil construction documents ( Grading Plans)
iv. Landscape construction documents
v. Accessory structures ( trash enclosure( s)) construction documents vi. Art in Public Places ( Art Sculpture)
vii. Fire Sprinklers
viii. PV Systems
ix. Temporary Power
x. Construction/ Office Trailers
c. If any code deviations are needed for the proposed project, submittal of Alternative Materials, design and Methods ( CBC Sec. [ A]104.11) or Modification request ( CBC Sec. [A]104.10) will be required. Code sections and alternatives are required with complete justification for request. d. Deferred submittal items shall have the prior approval of the building official.

19. Prior to issuance of any construction permits, the Applicant shall pay all applicable impact fees as set forth in the City ordinances and in effect the time of permit approval.

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20. Prior to demolition permit issuance or the start of demolition to the existing building, an asbestos and lead analysis report shall be submitted for review to the Building Safety Division.

21. A minimum of 65% of construction and demolition material are required to be recycled during demolition and construction. Prior to any permit issuance, a contract with Brea disposal or other proof of recycling must be submitted.

22. Prior to any permit issuance, construction plans shall indicate whether or not the site is with in any of the following zones:
a. Methane zone
b. Fire zone
c. Flood zone
d. Liquefaction zone

23. At grading permit submittal, a Geotechnical Soils Investigation report is required to be submitted to the Building & Safety Division.
a. A licensed civil or structural engineer registered in the State of California shall provide a letter stating whether or not a ground motion hazard analysis shall be performed in accordance with ASCE 7-16 Sec. 11.4.8 ( Section

21.2) for this development. If yes, then the geotechnical engineer shall update the preliminary geotechnical investigation accordingly. b. The geotechnical engineer of record shall review the grading plans, foundation plans and foundation details for conformance with the Geotechnical Investigation Report, stamp and sign plans and details.

24. At grading permit submittal, a color exhibit plan shall be provided on the civil drawings showing cut and fill areas.

25. Prior to grading permit issuance, the Applicant shall provide written evidence to the City of Brea Building & Safety Division that a geotechnical engineer has been retained to monitor the grading operation and assure implementation of the site grading recommendations. All recommendations shall be implemented to the performance standards specified in the Geotechnical Investigation report and to the satisfaction of the geotechnical engineer, City Engineer and Building Official.

Evidence of implementation shall be provided to the Building & Safety Division prior to issuance of a building permit.

26. ADA accessible units shall comply with CBC 2022 Chapter 11A and Live/work units shall comply with CBC 2022 Chapter 11A & 11B respectively.

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27. Roof tiles shall be class “A” and shall have an ICC ESR approved report. The ICC ESR report shall be pasted on the plans.

28. An automatic fire sprinkler system is required and shall be complaint with CBC 2022 Chapter 9 and the City of Brea code amendments.

29. Structural plans, gravity and lateral calculations for the transformer shall be submitted for review.

30. Structural plans and calculations shall be provided for the mechanical units and platforms on roofs.

31. A separate water meter for the landscaping shall be provided.

32. Full project review shall be conducted when complete construction documents are submitted to the Building & Safety division.

33. Additional requirements may be imposed when the project is submitted for building safety department plan check review and approval.

Public Works Department
General Conditions

34. This approval shall be contingent upon the approval of the Tentative Tract Map, and the conditions of said approval shall be implemented. The proposed subdivision shall occur in substantial conformance with Tentative Tract Map No. 19315, submitted to the Planning Commission, and all conditions set forth herein.

35. The proposed subdivision shall occur in substantial conformance with the plans and specifications approved through the City Planning Commission, and all conditions of said approval shall be implemented and incorporated herein.

36. The Applicant shall provide Building Demolition Plans and Site Demolition Plans for the demolition of the existing building and site infrastructure. The Demolition Plans shall be prepared by a registered Civil Engineer, and be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the City Engineer. Said plans shall include an Erosion and Sediment Control Plan identifying the State issued WDID number and the contact information for the person that is to be reached in case of emergency. Applicant shall obtain approval of both the Building Demolition Plans and Site Demolition Plans prior to the issuance of any building permit.

37. Prior to the issuance of any building permits for the proposed developed site conditions, the Applicant shall submit and obtain approval for the Precise Grading Plans and applicable technical studies. The Precise Grading Plans and technical

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studies shall be prepared by a registered Civil Engineer, be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the City Engineer. The Precise Grading Plan submittal shall include the following items:
a. Construction Document Plans for the review and approval of the City Engineer. The Construction Document Plans shall identify all proposed improvements that are required to facilitate the development and infrastructure improvements for the proposed development to the satisfaction of the City Engineer. Said Construction Document Plans shall include an Erosion and Sediment Control Plan identifying the State issued WDID number and the contact information for the person that is to be reached in case of emergency;
b. Soils Report for the review and approval of the Building & Safety Division and the City Engineer;
c. Sanitary Sewer Capacity Analysis for the review and approval of the City Engineer. Note that the Sanitary Sewer Capacity Analysis shall include a node analysis from the upstream point of connection to the ultimate outfall to the Orange County Sanitation District sanitary sewer line; d. Hydrology & Hydraulic Study for the review and approval of the City Engineer. Said study shall meet all City and Orange County requirements, and include an analysis of the existing and proposed flow generated by the proposed development and an analysis of the hydraulic capacity of the existing storm drain line that is proposed to be tied into on W. Fir Street in both the existing and proposed conditions;
e. Final Water Quality Management Plan (WQMP) for the review and approval of the City Engineer. The Applicant shall submit the finalized and approved Preliminary WQMP at the time of first submittal, and prior to the issuance of any building permits. The Applicant and any future successors shall adhere to the approved Final WQMP during the life of the Project; f. Water Demand Analysis for the review and approval of the City Engineer; g. Solid Waste/Trash Collection Circulation Plan for the review and approval of the City Traffic Engineer; and
h. On-site Circulation Plan as requested for the review and approval of the City Traffic Engineer.

38. Prior to construction permit submittal, the Applicant shall submit an Address Request Application and submit via email to
pwenchroachmentper@cityofbrea. net. To obtain the application, please visit the

Page 8 of 17 ends

following link: https://www.ci.brea.ca.us/DocumentCenter/ View/14699/AddressRequest- Application- 080323.

39. The Applicant and/or developer shall maintain the Storm Water Pollution Prevention Plan during construction in accordance with NPDES guidelines, which shall incorporate all best management practices to mitigate pollutant runoff during construction.

40. The Applicant and/or developer of the applicable development phase shall be responsible for the maintenance of all temporary and permanent Best Management Practices ( BMP’s) and associated infrastructure located on public or private property.

41. The Applicant shall maintain all public and private drainage facilities in good working order at all times.

42. The Applicant and/or developer shall be responsible to obtain the permission to perform any work on adjacent private properties.

43. All existing water and fire services are to be replaced with new service connections. All existing water and fire services are to be removed through the existing water main to the satisfaction of the City Engineer.

44. All water and fire services shall be per the latest City of Brea Public Works Standards. All proposed domestic, irrigation, and fire services shall include metering and above- grade backflow prevention to the satisfaction of the City Engineer and the Brea Fire Department.

45. The Applicant shall install water meters, vaults, fire hydrants, FDC’s, and above ground backflow prevention devices for all domestic, irrigation, and fire services and systems, at locations to the satisfaction of the City Engineer and the Brea Fire Department. Easements shall be dedicated to the City for the maintenance, repair, and operation of all water meters, vaults, and fire hydrants.

46. All proposed fire hydrant locations shall be subject to the review and approval of the City Engineer, the Building & Safety Division, and the Brea Fire Department.

Installation of fire hydrants shall be in accordance with City of Brea Public Works Standards and all applicable building codes.

47. All proposed sewer laterals shall be per City of Brea Public Works Standards, and meet all City Building and Plumbing Code requirements, and be to the satisfaction of the City Engineer and the Building & Safety Division.

48. The proposed development shall only be served by underground distribution utilities.

Page 9 of 17 ends

49. Prior to the issuance of any building permits, the Applicant shall pay all applicable impact fees and connection fees as set forth in the City ordinances and in effect at the time of permit approval.

50. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall submit Public Improvement Plans for the review and approval of the City Engineer for all public improvements located within S. Walnut Avenue, W. Fir Street, and S. Brea Boulevard, and all proposed public easements and dedications adjacent to S. Walnut Avenue, W. Fir Street, and S. Brea Boulevard. The Public Improvement Plans shall showcase all easement and rightof-way dedications as identified on Tentative Tract Map No. 19315, and shall identify all improvements within these locations. The Public Improvement Plans shall be prepared by a registered Civil Engineer, and be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the City Engineer.

All improvements shall be constructed, including any field punch list items, prior to the issuance of any occupancy release. The public improvements shall include, but are not limited to, the following items:
a. Removal of the existing driveway on S. Walnut Avenue and installation of curb and gutter and sidewalk to match the existing curb and gutter and be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards.
b. Removal of all existing sidewalk adjacent to the project site on S. Walnut Avenue and construction of a landscape parkway and a minimum 5-foot wide concrete sidewalk, to the satisfaction of the City Engineer. All proposed improvements shall be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards. c. Removal of the existing driveway on W. Fir Street and installation of installation of curb and gutter and sidewalk to match the existing curb and gutter and be in accordance with current Americans with Disabilities Act ADA) and City of Brea Public Works Standards.
d. Removal and reconstruction of all existing sidewalk adjacent to the project site on W. Fir Street; removal, reconstruction, and/or modifications to the existing curb ramp at the intersection of S. Walnut Avenue & W. Fir Street; and removal, reconstruction and/or modifications to the intersection of S.

Brea Boulevard & W. Fir Street; to achieve sidewalk from the back of curb to the proposed right-of-way limit identified on Tentative Tract Map No. 19315 to the satisfaction of the City Engineer. All proposed improvements shall be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards.
e. Removal of the two ( 2) existing driveways on S. Brea Boulevard and installation of installation of curb and gutter and sidewalk to match the

Page 10 of 17 ends

existing curb and gutter and be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards. f. Removal and reconstruction of all existing sidewalk and stamped concrete pavers adjacent to the project site on S. Brea Boulevard, to the satisfaction of the City Engineer. All proposed improvements shall be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards.
g. Removal of all existing parkway drains and/or curb drains serving the existing property, and reconstruction of curb and gutter and sidewalk to match the existing curb and gutter and be in accordance with current Americans with Disabilities Act ( ADA) and City of Brea Public Works Standards.
h. Removal and replacement of existing curb and gutter within the public rightof-way of S. Walnut Avenue, W. Fir Street, and S. Brea Boulevard, immediately adjacent to the project site, at locations to the satisfaction of the City Engineer.
i. All easement dedications and improvements required to facilitate the construction of a proposed driveway on S. Walnut Avenue in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works standards. The radius returns of the proposed driveway approach shall be 10-foot minimum. The proposed driveway shall include a minimum 5-foot sidewalk crossing at the top of driveway to facilitate a driveway crossing that meets all accessibility requirements and connects to the proposed sidewalk construction. Note that an easement will be required to be dedicated to the City of Brea as part of the Final Map if the 5-foot sidewalk crossing encroaches into private property. No water meter, utility vaults, and/or other structures are to be located within the proposed driveway approach.
j. All easement dedications and improvements required to facilitate the construction of a proposed driveway on W. Fir Street in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works standards. The radius returns of the proposed driveway approach shall be 10-foot minimum. The proposed driveway shall include a minimum 5-foot sidewalk crossing at the top of driveway to facilitate a driveway crossing that meets all accessibility requirements and connects to the proposed sidewalk construction. Note that an easement will be required to be dedicated to the City of Brea as part of the Final Map if the 5-foot sidewalk crossing encroaches into private property. No water meter, utility vaults, and/or other structures are to be located within the proposed driveway approach.

Page 11 of 17 ends

k. Landscaping and irrigation improvements required to facilitate the removal of all street trees in conflict with the proposed driveway improvements, and planting of street trees within existing or proposed tree wells and/or landscaped parkways to the satisfaction of the City Engineer. l. Pavement rehabilitation consisting of asphalt grind and overlay of the full roadway width adjacent to the project site for S. Walnut Avenue, W. Fir Street, and the intersection of S. Walnut Avenue & W. Fir Street, to the satisfaction of the City Engineer;
m. Renewal and/or implementation of signage and striping improvements within the limits of paving improvements adjacent to the project site along S. Walnut Avenue, W. Fir Street, and the intersection of S. Walnut Avenue W. Fir Street, to the satisfaction of the City Traffic Engineer; n. Installation of all signage and striping improvements as identified on the Signing and Striping Plan within Tentative Tract Map No. 19315, to the satisfaction of the City Traffic Engineer;
o. All proposed utility improvements, modifications, relocations, and/or connections located within the proposed public right-of-way and easement areas. Said improvements shall include all utility improvements as identified on Tentative Tract Map No. 19315, and that are required to facilitate the proposed private development to the satisfaction of the City Engineer.

Proposed utility improvements, modifications, and connections located within the public right-of-way shall include items such as, but not limited to, the construction of domestic, irrigation, and fire service connections and infrastructure; the construction of fire hydrants; the construction of storm drain manhole connections to existing infrastructure; the construction of sanitary sewer manhole connections to existing infrastructure; the relocation of street lights; modifications to traffic signal and communications infrastructure; and the removal and/or relocation of utility vaults and/or meters;
p. Removal of the existing traffic signal pole at the northwest corner of the intersection of S. Brea Boulevard & W. Fir Street and installation of a new Type 15TS signal pole with a traffic safety light over the W. Fir Street crosswalk. These improvements shall include all traffic signal, communications, and electrical improvements to the traffic signal and shall be to the satisfaction of the City Traffic Engineer;
q. Installation of all communications infrastructure required to facilitate the proposed connection of the communications system from the intersection of S. Brea Boulevard & W. Fir Street to the existing light pole located at the northwest corner of the intersection of S. Walnut Avenue & W. Fir Street, to the satisfaction of the City Traffic Engineer and the Police Department.

Page 12 of 17 ends

Note that the provided plans shall identify all paving and utility infrastructure modifications required to facilitate the proposed communications improvements to the satisfaction of the City Engineer.
r. The removal, replacement, and/or relocation of all existing infrastructure or structures interfering with the proposed improvements. This includes, but is not limited to, existing subsurface and at-grade infrastructure, water meters, backflow prevention, utility vaults, vent pipes, fire hydrants, signage, street lights, power poles, and paving.

51. A City of Brea Public Works Encroachment Permit shall be obtained prior to any construction, improvements, or staging in the public right-of-way or within existing public easement areas.

52. The Applicant shall obtain an Encroachment License Agreement for all nonstandard improvements, improvements not in accordance with City of Brea Standard Plans and standards, located within the public right-of-way.

53. All existing public utilities located within the public right-of-way or within existing easements are to be protected in place, unless indicated otherwise by improvement plans approved by the City Engineer.

54. All public improvements, and improvements within the public right-of-way and public easement areas, shall be designed and constructed per current City standards and all other jurisdictional requirements.

55. No proposed privately- owned trees; structures for private utility infrastructure, lighting structures, utility vaults or cabinets; structures or walls with footing or foundation elements; building foundations, structural slabs, or building structural members; shall be located within adjacent properties, existing or proposed public easement areas, or within the public right-of-way.

56. The Applicant shall complete the construction of all improvements in the public right-of-way and in public easement or right-of-way dedication areas to the satisfaction of the City Engineer.

57. Prior to the issuance of any building permits for the proposed development, the Applicant shall provide verification, to the satisfaction of the City Engineer, that all dry utility purveyors have granted authorization to construct proposed improvements within existing easement areas or that all existing easements have been modified, removed, and/or quitclaimed to accommodate the proposed development.

Page 13 of 17 ends

Tentative Tract Map Conditions

58. The proposed subdivision shall occur in substantial conformance with Tentative Tract Map No. 19315, submitted to the Planning Commission, and all conditions set forth herein.

59. The proposed subdivision shall occur in substantial conformance with the plans and specifications approved through the City Planning Commission, and all conditions of said approval shall be implemented and incorporated herein.

60. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall submit a Final Map for review and approval of the City Engineer. Said Final Map shall include all right-of-way and easement dedication and/or vacations. The Final Map shall be submitted to the City Engineer for conformance review prior to submittal to the County of Orange Surveyor’ s Office. The Final Map shall be submitted directly to the County of Orange Surveyor’ s Office for review and approval of the technical portion of the Final Map.

All public improvements shall be constructed, including any field punch list items, prior to Final Map approval by City Council and Final Map recordation with the County of Orange. All right-of-way and easement dedications and vacations shall be in accordance with all requirements set forth in the California Streets and Highways Code, the Subdivision Map Act, and the Brea City Code.

61. The Applicant shall complete the construction of all public improvements in the public right-of-way or within public easement or right-of-way dedication areas to the satisfaction of the City Engineer, or enter into a Subdivision Improvement Agreement and guarantee the installation of these improvements by providing sufficient bonds or sureties for both Faithful Performance and Labor and Materials in a form approved by the City Attorney before the approval of the Final Map. All bonds or sureties shall be provided in an amount to the satisfaction of the City Engineer.

62. Applicant shall be responsible to prepare all documentation and pay for any publication fee ( if applicable) for the proposed dedications and/or vacations of right-of-way or easements.

63. The Applicant shall submit a Monumentation Bond as required by the Subdivision Map Act in a form approved by the City Attorney to guarantee payment for the setting of monuments. The bond amount shall be provided before the approval of the Final Map, by the Licensed Surveyor or Registered Civil Engineer preparing the Final Map. The Monumentation Bond shall be provided in an amount to the satisfaction of the City Engineer.

64. Prior to the release of the Monumentation Bond, the Licensed Surveyor or Registered Civil Engineer who prepared the Final Map shall submit a letter to the City Engineer verifying the setting of all monuments, confirming that all monuments

Page 14 of 17 ends

have been set in conformance with the recorded Final Map, and confirming that the applicant/ property owner has paid the Licensed Surveyor or Registered Civil Engineer in full for the setting of the monuments.

65. Prior to the release of all Faithful Performance Bonds and Labor and Materials Bonds, all improvements shall be completed and accepted by the City, and a warranty bond shall be provided in accordance with the Subdivision Improvement Agreement.

66. Prior to the issuance of any building permit for any proposed development phase, the Applicant shall provide CC&R’s for the review and approval of the Public Works Department, Fire Department, Community Development Department, and City Attorney. The CC&R’s shall incorporate a separate set of drawings, or airspace maps, as an attachment to the document for the proposed condominium airspace units. The CC&R’s shall incorporate a Maintenance Exhibit map as a separate attachment to the document, that clearly identifies the ownership and responsibilities for maintenance for items on the proposed property. Said CC&R’s shall apply to any successors to the property owner at the time of the subdivision.

Said CC&R’s shall be recorded prior to the issuance of any occupancy release for the proposed development. A copy of the recorded CC&R’s shall be provided to the Community Development Department within thirty (30) days of recordation.

Fire Department

67. Final fire and life safety conditions will be addressed when the Fire Department reviews building plans. These conditions will be based on occupancy, use, California Building Code ( CBC), California Fire Code ( CFC), and related codes which are in effect at time of building plan submittal.

68. Fire Department access road shall be provided as specified in the BCC.

69. Prior to combustible construction, Fire Department Access roadways shall be provided.

70. The Fire Code Official is authorized to enforce the fire safety during construction requirements of CFC Ch. 33.

71. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained in locations as to give maximum access to all parts of the site, and in accordance with the Fire Departments' requirements.

72. Prior to issuance of any building permits, the Applicant shall pay all applicable impact fees as set forth in the City ordinances and in effect the time of permit approval.

Page 15 of 17 ends

73. Prior to the issuance of a grading permit or any construction permits, a fire department access plan shall be submitted to Brea Fire Department for review and approval. Grading or construction permits shall not be issued until the fire department access plan has been approved by Brea Fire Department.

74. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the CFC and NFPA 24. Fire hydrants shall be located no closer than 40 feet to a building. A fire hydrant shall be located within 50 feet of the FDC for buildings protected with a fire sprinkler system.

75. A municipal water supply system ( public fire hydrants) shall be provided, capable of providing the required fire flow for the proposed type of construction. Minimum fire flow for this project will be calculated when construction type is known or applicant can refer to Appendix B of the CFC). Proof of a flow test will be required.

Please contact the Fire Department for further direction if needed.

76. Prior to construction permit issuance, demonstrate methane mitigation consistent with the February 26, 2024 recommendation of the November 22, 2023 soil gas survey report.

77. Prior to building permit final, an engineered automatic fire sprinkler system is required for this project. Detailed drawings and calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to installation.

78. Prior to building permit final, the applicant/ developer shall install a monitored fire alarm system in accordance with CFC Section 907. Plans shall be submitted to the Fire Department prior to installation ( CFC 907).

79. Where access to or within a structure is restricted due to secured openings, a Knox" rapid entry key system will be required. The key box or switch shall be located in an accessible location, as determined by the Fire Department. Building size will determine number of Knox boxes needed. This building will require ( 4) Knox boxes, installation height will be no higher than 6’.

80. Multi-family residences shall display the address in accordance with CFC 505.1.

81. Prior to issuance of a demolition permit, contact the Brea Fire Department for potential emergency personnel training opportunities at the project site/existing building to enhance safety of the community. If requested by the Fire Department, the Applicant shall accommodate such training opportunities to its best ability.

Page 16 of 17 ends

Police Department

82. Prior to issuance of any building permits, the Applicant shall pay all applicable impact fees as set forth in the City ordinances and in effect the time of permit approval.

83. The City has established a goal of developing an Integrated Crime Center ( ICC).

The ICC is a system comprised of advanced technology that will revolutionize how the Brea Police Department prevents, manages, and solves crime. The Project will benefit from the ICC with abilities that include but are not limited to: generating investigative leads, managing critical incidents, monitoring special events, traffic management and Emergency Operation Center functions. The Project shall be required to provide the following:
a. Prior to release of Certificate of Occupancy for any residential unit:
i. The Applicant shall install underground two-inch conduit and ethernet communications along Fir Street and portions of Walnut Avenue, consistent with Public Works and Police Departments requirements, that is connected to and extends the City’s communications system from Brea Boulevard to an existing street light pole on Walnut Avenue, to the satisfaction of the City Traffic Engineer.
ii. The Applicant shall provide funding for the procurement and installation of three video surveillance cameras at two viewing locations at the intersections of Fir Street and Brea Boulevard and Fir Street and Walnut Avenue, to the satisfaction to the Police Department.

84. Prior to issuance of a demolition permit, contact the Brea Police Department for potential emergency personnel training opportunities at the project site/existing building to enhance safety of the community. If requested by the Police Department, the Applicant shall accommodate such training opportunities to its best ability.

Parks- Community Services Department

85. Prior to issuance of building permits or recordation of the map, the Applicant shall pay Park Development Fees applicable to single-family residential units, as set forth in the City ordinances and in effect the time of permit approval.

86. Prior to release of Certificate of Occupancy for any residential unit, a monetary contribution in an amount of $ 42,000.00 shall be paid to the City’s Park Development Fund.

Page 17 of 17 ends

Arts in Public Places- Community Services Department

87. This project will be subject to an Art in Public Places ( APP) obligation to install sculpture on-site, valued at 1% of the total building valuation. The applicant will need to meet all requirements of the current APP Policy Manual, as well as reach the following milestones:
a. Submit Part 1 of the APP Application prior to issuance of building permits; b. Submit Part 2 of the APP Application and obtain APP Committee approval within six months of building permit issuances; and
c. Prior to release of Certificate of Occupancy for any residential unit, submit Part 3 of the APP Application and complete sculpture installation.

ATTACHMENT E

TECHNICAL BACKGROUND
Case Nos: Tentative Tract Map No. 19315, Density Bonus No. 2023-01, Precise Development No. 2023-03
Property Location: 685 South Brea Boulevard
Project area: 43,343 sq. ft. or 0.99 acres ( after the required public right-of-way dedication)
Building Size: Building 1: 11,646 sq. ft.

Building 2: 13,812 sq. ft.

Building 3: 15,456 sq. ft.

Building 4: 25, 646 sq. ft.

Total: 66,557 sq. ft. (inclusive of garages and balconies) Applicant: Brea 1 Inv, LLC
3121 Michelson Drive, Suite 150
Irvine, CA 92612
General Plan
Designation: Mixed Use I
Zoning Designation: Mixed- Use I (MU-I)
Adjacent Zoning
North: Multiple Family Residential ( R-3) and Mixed- Use III (MU-III) East: MU-III and Single Family Residential ( R-1) (Across Brea Boulevard) South: MU-III (Across Fir Street)
West: R-1 (Across Walnut Avenue)
Site and Neighborhood
Characteristics:

The Project site is approximately 0.99 acres in size, and is located on the north side of Fir Street between Brea Boulevard and Walnut Avenue, at 685 South Brea Boulevard.

Public Hearing Notices
and Outreach:

Legal Notice was published in the Brea Star-Progress on July 11, 2024 and approximately 63 notices were sent to all property owners within a 500-foot radius of the subject property.

ATTACHMENT F

SUBJECT PROPERTY AND VICINITY MAP
DATE: JULY 23, 2024
CASE NO:

ACCELA RECORD NO. PLN-2023-00081
TENTATIVE TRACT MAP NO. 19315
DENSITY BONUS NO. 2023-01
PRECISE DEVELOPMENT NO. 2023-03
N
3121 Michelson Drive, Suite 150 Irvine, California 92660 June 11, 2024
Brea Planning Division
ATTN: Jessica Newton
1 Civic Center Cir
Brea, CA 92821
Re: Updated Request Letter for a 32-Unit Townhome Project located at 685 S Brea Blvd Dear Ms. Newton:

As requested, Brea 1 Inv, LLC is providing an updated request letter for the development application on the 685 S Brea Blvd site. The proposed project will consist of 32 3-story single-family attached townhomes with three along Brea Blvd designated as live/ work. The project’ s design is Spanish- inspired to blend with the surrounding context and building environment. It will have Irving Gill-styled bay windows on the 3rd story and lightened accent colors. There will also be tile reveal in some windows and simplified entry trim to incorporate more Spanish- inspired details.

The trash service plan will be a mixture of placing trash carts in front of individual garages as well as in front of curbs. Trash carts will be placed in unit garages when not being serviced.

Finally, per the acoustical study, the proposed window STC ratings will be 31.

Please contact me if you have any questions regarding the above.

Regards,
Patrick Chien
Development Director
P: (949) 258-7542
E: pchien@cityventures. com

ATTACHMENT G

TOLESS SPRINKLERED OPENING WALL FORTHAN48/ F.AREA S. 10', 488 = AREA D. UNPROTECTED, FROM ISIS9.IS488 8%( 25% 485' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING WALL AREA FORTHAN60/ F.S. 503 = 10', AREA D. UNPROTECTED, FROM IS11. IS 503 IS25% 9%( 605' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING WALL FORTHAN65/ F.AREA S. 10', 560= AREA D. UNPROTECTED, FROM IS11. IS 560 IS25% 6%(655' S.MAX) S.F.F.

WALL AREA IS 1074 S.F.

OPENING AREA IS 149 S.F.
149/ 1074 = 13. 9%
FOR F.S. D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX)
WALL AREA IS 1094 S.F.

OPENING AREA IS 276 S.F.
276/ 1094 = 25. 2%
FOR F.S.D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX) WALL AREA IS 1154 S. F.

OPENING AREA IS 212 S.F.
212/ 1154 = 18. 4%
FOR F. S. D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX)
WALL AREA IS 1094 S.F.

OPENING AREA IS 535 S.F.
535/ 1094 = 48. 9%

FOR UNREQUIRED FIRE RATED

WALLS ( U OCCUPANCY AT

FIRE SEPARATION DISTANCE
OF 20') CAN HAVE UNLIMITED

UNPROTECTED OPENINGS
PER SECTION 705. 8.1.2
WALL AREA IS 1065 S.F.

OPENING AREA IS 233 S.F.
233/ 1065 = 21. 9%
FOR F.S.D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX) WALL AREA IS 1154 S.F.

OPENING AREA IS 218 S.F.
218/ 1154 = 18. 9%
FOR F.S. D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX)
TOLESS SPRINKLERED OPENING FOR WALL AREA THAN77/ F.S.467 = 20', D.AREAFROM UNPROTECTED, ISIS16.IS467 75% 5%( 7715' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING FOR WALL THANF. 38/AREA S.20', 487 = D. AREAFROM UNPROTECTED, ISIS7.IS487 8%( 75% 3815' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING FOR WALL AREA THANF.44/S.20', 542 = D. AREAFROM UNPROTECTED, ISIS8.1%( IS542 75% 4415' S.MAX) S.F.F. SPRINKLERED TOGREATER, OPENING FOR WALL131/ F.AREA S.506 = AREA D. UNPROTECTED, FROM ISIS25. UNLIMITED) IS5069%( 131 30' S.S. FF. SPRINKLERED TOGREATER, OPENING FOR WALL95/ F.AREA S.488 = D. AREA UNPROTECTED, FROM ISIS19.UNLIMITED) IS488 5%( 9530' S.S.F.F. SPRINKLERED TOGREATER, OPENING FOR WALLF.30/AREA S.538 = D. AREA UNPROTECTED, FROM ISIS5.6%( UNLIMITED) IS5383030' S.S.F.F. TOLESS SPRINKLERED OPENING FOR WALL AREA THAN139/ 488 = F. S.15', AREA D. FROM UNPROTECTED, ISIS28. IS488 45%( 13910' S.MAX) F. S.F. TOLESS SPRINKLERED OPENING FOR WALL THAN60/ F.AREA S.503 = 15', D.AREAFROM UNPROTECTED, ISIS11.503 IS45% 9%(601' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING FOR WALL THAN65/ F.AREA S.560 = 15',D. AREAFROM UNPROTECTED, IS11. IS 560 IS45% 6%(6510' S.MAX) S.F.F.

WALL AREA IS 1275 S.F.

OPENING AREA IS 645 S.F.
645/ 1275 = 50. 6%

FOR UNREQUIRED FIRE RATED

WALLS ( U OCCUPANCY AT

FIRE SEPARATION DISTANCE
OF 20') CAN HAVE UNLIMITED

UNPROTECTED OPENINGS
PER SECTION 705. 8.1.2
WALL AREA IS 1284 S.F.

OPENING AREA IS 279 S.F.
279/ 1284 = 21. 7%
FOR F.S.D. FROM 20' TO
LESS THAN 25', UNPROTECTED,
SPRINKLERED IS UNLIMITED) WALL AREA IS 1428 S.F.

OPENING AREA IS 261 S.F.
261/ 1428 = 18. 3%
FOR F.S.D. FROM 20' TO
LESS THAN 25', UNPROTECTED,

SPRINKLERED IS UNLIMITED)
WALL AREA IS 1309 S.F.

OPENING AREA IS 303 S.F.
303/ 1309 = 23. 1%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,

SPRINKLERED IS UNLIMITED)
WALL AREA IS 1286 S.F.

OPENING AREA IS 312 S.F.
312/ 1286 = 24. 3%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,

SPRINKLERED IS UNLIMITED)
WALL AREA IS 1429 S.F.

OPENING AREA IS 257 S. F.
257/ 1429 = 18. 0%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,

SPRINKLERED IS UNLIMITED)
TOLESS SPRINKLERED OPENING FOR WALL AREA THANF. 48/S.20', 488 = D. AREAFROM UNPROTECTED, ISIS9.8%( IS488 75% 4815' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING FOR WALL THAN60/ F.AREA S.503 = 20', D.AREAFROM UNPROTECTED, ISIS11.503 IS75% 9%(6015' S.MAX) S.F.F. TOLESS SPRINKLERED OPENING FOR WALL THAN65/ F.AREA S.560 = 20', D. AREAFROM UNPROTECTED, IS11. IS 560 IS75% 6%(6515' S.MAX) S.F.F. SPRINKLERED TOGEATER, OPENING FOR WALLF.0/AREA S.287 = D. UNPROTECTED, AREA FROM ISIS0%( UNLIMITED) 287 IS 30' 0S.S.F.F. SPRINKLERED TOGREATER, OPENING FOR WALL70/ F.AREA S.325 = D. AREA UNPROTECTED, FROM ISIS21.UNLIMITED) IS325 5%(7030' S.S.F.F. SPRINKLERED TOGEATER, OPENING FOR WALL AREA F.30/S.362 = D. AREA UNPROTECTED, FROM ISIS8.3%( UNLIMITED) 362 IS 3030' S.S.F.F.

WALL AREA IS 2033 S.F.

OPENING AREA IS 494 S.F.
494/ 2033 = 24. 3%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,

SPRINKLERED IS UNLIMITED)
WALL AREA IS 2044 S.F.

OPENING AREA IS 519 S.F.
519/ 2044 = 25. 4%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,
SPRINKLERED IS UNLIMITED) WALL AREA IS 2241 S.F.

OPENING AREA IS 414 S.F.
414/ 2241 = 18. 5%
FOR F.S.D. FROM 30' TO

GREATER, UNPROTECTED,

SPRINKLERED IS UNLIMITED)
WALL AREA IS 1983 S. F.

OPENING AREA IS 1030 S.F.
1030/ 1983 = 51. 9%

FOR UNREQUIRED FIRE RATED

WALLS ( U OCCUPANCY AT

FIRE SEPARATION DISTANCE
OF 20') CAN HAVE UNLIMITED

UNPROTECTED OPENINGS
PER SECTION 705. 8.1.2
WALL AREA IS 2034 S.F.

OPENING AREA IS 533 S.F.
533/ 2034 = 26. 2%
FOR F.S.D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX) WALL AREA IS 2262 S.F.

OPENING AREA IS 421 S.F.
421/ 2262 = 18. 6%
FOR F.S.D. FROM 10' TO
LESS THAN 15', UNPROTECTED,
SPRINKLERED IS 45% MAX)

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City of Brea
City Council Regular Meeting Communication
Local Housing Trust Fund Grant Application Submission to the California Department of Housing and Community Development
Meeting
Tuesday, August 20, 2024, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 5D
TO
Honorable Mayor and City Council Members
FROM
Bill Gallardo, City Manager

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

1. Adopt a Resolution and attachments, authorizing the submission of a Local Housing Trust Fund ( LHTF) grant application to the California State Department of Housing and Community Development ( HCD);

2. Authorize the City Manager, or his designee, to execute all documents and agreements necessary to accept the funds, if awarded; and

3. Amend the Fiscal Year 2024- 25 Operating Budget to accept any potential award of funds to be allocated to the City’s Housing Trust Fund ( 270).

BACKGROUND/DISCUSSION
On August 16, 2022, the City Council adopted Resolution No. 2022-061, approving the 6th Cycle Housing Element, which committed City staff to seek funding to facilitate the development of affordable housing and to enhance housing programs. Specifically, Housing Element Policy 2.1 reinforces that commitment to pursue expanded financial resources to support the production of affordable housing units. Since the adoption of the Housing Element in 2022, the City has been successful in securing grant funding for the development of affordable housing units, including recent grant awards of $6,028,491. 51 from CalOptima Health in November 2023 and $ 660,000 from HCD in August 2024 ( Prohousing Incentive Program). On July 9, 2024, HCD announced the LHTF program Notice of Funding Availability ( NOFA) in the amount of $53 million. HCD will be accepting LHTF program applications from August 20 through September 17, 2024.

The LHTF is a program developed by HCD from Proposition 1, the Behavioral Health Services Program and Bond Measure, which authorized $ 300 million to the LHTF Program to provide matching grants to assist with funding for affordable housing. These funds are dedicated to the creation, rehabilitation, or preservation of affordable housing, transitional housing and emergency shelters. The LHTF program requires that no more than 20 percent of each allocation may assist moderate- income households, and at least 30 percent of each allocation required to assist extremely low-income households. Eligible uses of the funds include, but are not limited to:

Loans for acquisition, predevelopment expenses and development of affordable rental housing projects, transitional housing projects, emergency shelters; and
Homeownership projects ( i.e - down payment assistance to qualified first-time homebuyers, rehabilitation of homes owned by income- eligible homeowners).

The main qualifier for the LHTF NOFA is that the City has a Housing Trust Fund ( Fund 270). In addition, since the City has had a long history of successful housing programs, including the first Affordable Housing Ordinance that was adopted by the City Council in 1993, the City is well qualified to receive a LHTF grant for the eligible uses outlined earlier in this report. Below are some examples of the City’s current Affordable Housing Programs that enhance the City's qualifications for the LHTF program:

Low and Moderate- Income Rent Program ( Affordable Rental Program) The City has provided financial assistance to housing developments that offer below- market rental rates for income- qualified households, with preferences granted to those who live and work in the city. Brea's Affordable Rental Program remains the most sought-after Program with over 5,700 applicants on an interestlist to rent one of the 587 participating below-market units. Historically, this Program has had over 750 total participating units.

Senior Subsidy Program
The Senior Subsidy Program has been active for over 30 years, providing financial assistance to hundreds of low-income Brea seniors on fixed incomes, challenged to pay rent.

Homebuyer Assistance Program
The City of Brea requires almost all new residential developments ( 10-units or more) to provide a percentage of their units for-sale at affordable below-market prices to income- qualified buyers. For over 35 years, more than 250 Brea homes have been purchased by moderate and lower-income buyers through the City's Homebuyer Assistance Program, many of which were recipients of silent second mortgage loans utilizing the City's Housing Funds.

Housing Rehabilitation Program
The City has assisted hundreds of low-income Brea homeowners with home repairs, such as roof and plumbing leaks, electrical problems, etc., through the Housing Rehabilitation Program. For nearly 50 years, Brea has successfully obtained funding for the Program through the County of Orange via the Community Development Block Grant Program ( CDBG).

Affordable Housing Ordinance
Chapter 20.40 of the Brea City Code ( BCC) outlines the purpose, applicability and procedures for inclusionary affordable housing development. The goal of the ordinance is to expand the affordable housing stock in proportion with the overall increase in residential housing units that encourage the development of extremely low to moderate- income housing.

If awarded, staff recommends the City apply the grant funds towards:

The permanent supportive housing project at 323 North Brea Boulevard ( in congruence with Housing Element Goal 2.0 and Policies 2.5, 3.1, and 5.2,) as an offset to the City funding of the project committed earlier this year. No additional funding commitment beyond what was authorized by City Council on May 7, 2024 is proposed.

To provide down payment assistance for first-time homebuyers ( in congruence with Housing Element Policy

2.3); and
Potential development of new low-income housing units ( in congruence with Housing Element Goal 2.0) By securing matching grant funds through the LHTF program, the City can help offset funding in the Housing Trust Fund ( 270). As of August 2024 the Housing Trust Fund ( 270) has an ending balance of $9,641,680.38. City staff is proposing to apply for $1 million in grant funding from the LHTF, with the City's $1 million match to be allocated from the Housing Trust Fund ( 270).

Adoption of the Resolution with Attachment 1 is a required document for the LHTF program application. Following the City Council' s approval, staff would be able to submit the LHTF program application and resolution for HCD to review. HCD anticipates to notify applicants, if awarded, no later than December 2024. Authorization of any Housing Trust Funds use would require subsequent City Council approval.

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff's recommendation at the August 13, 2024 meeting and recommended to proceed to City Council for approval.

FISCAL IMPACT/SUMMARY
Submission of Local Housing Trust Fund grant application has no fiscal impact.

If the City is awarded funding in the amount of up to $1 million in matching funds, the funding would be appropriated to the City's Housing Trust Fund ( 270). The City would also be required to provide a dollar- for-dollar match of $1 million, which would be appropriated from the City's Housing Trust Fund ( 270).

RESPECTFULLY SUBMITTED
William Gallardo, City Manager
Prepared by: Melissa Davis, Community Development Manager Concurrence: Jason Killebrew, Deputy City Manager / Community Development Director Attachments
Resolution with Attachment 1.pdf
August 20, 2024
RESO. 2024- XXX
1 RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
AUTHORIZING THE CITY’S HOUSING TRUST FUND
APPLICATION TO THE STATE OF CALIFORNIA’S

DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT’ S LOCAL HOUSING TRUST FUND PROGRAM
A necessary quorum or majority of the Council Members of the City of Brea (“Applicant”) hereby consents to, adopts, and ratifies the following resolution:

A. RECITALS:
i) WHEREAS, the Department is authorized to provide up to $ 53 million under the Local Housing Trust Fund (“LHTF”) Program from the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1) (as described in Health and Safety Code section 50842.2 et seq. (Chapter 365, Statutes of 2017 (SB 3)) (“Program”).
ii) WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated July 9, 2024 under the LHTF Program; iii) WHEREAS Applicant is an eligible Local or Regional Housing Trust Fund applying to the Program to administer one or more eligible activities using Program Funds.
iv) WHEREAS the Department may approve funding allocations for the LHTF Program, subject to the terms and conditions of H&S Code Section 50842.2, the LHTF Program Guidelines, NOFA, Program requirements, the Standard Agreement and other related contracts between the August 20, 2024
RESO. 2024- XXX
2 v) Department and LHTF award recipients;
B. RESOLUTION:

NOW, THEREFORE, be it found, determined and resolved, by the City Council of the City of Brea as follows:
1) If Applicant receives an award of LHTF funds from the Department pursuant to the above referenced LHTF NOFA, it represents and certifies that it will use all such funds on Eligible Projects in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including, without limitation, all rules and laws regarding the LHTF Program, as well as any and all contracts Applicant may have with the Department (“Eligible Project”).
2) NOW, THEREFORE, IT IS RESOLVED: That the City of Brea Housing Trust Fund is hereby authorized to act as the manager in connection with the Department's funds to Eligible Projects pursuant to the above described Notice of Funding Availability in an amount not to exceed $ 000,000 (the “LHTF Award”). 3) Applicant hereby agrees to match on a dollar for dollar basis the LHTF Award pursuant to Guidelines Section 104. Applicant hereby agrees to utilize matching finds on a dollar-for-dollar basis for the same Eligible Project for which Program Funds are used, as required by HSC Section 50843.5(c).
4) Pursuant to Attachment 1 and the Applicant’s certification in this resolution, the LHTF funds will be expended only for Eligible Projects and consistent with all program requirements.
5) Nonprofit Housing Trust Funds and Native American Tribe Housing Trust Funds agree to use Program Funds only for Eligible Projects located in cities and counties that submitted an adopted Housing Element that was found by the Department to be in August 20, 2024
RESO. 2024- XXX
3 compliance and that have submitted their Housing Element Annual Progress Report APR) for the current year or prior year by the application due date. 6) Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, H&S Section 50842.2 and LHTF Program Guidelines. 7) The City Manager is authorized to execute the LHTF Program Application, the LHTF Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the LHTF Award to Applicant, as the Department may deem appropriate.

APPROVED AND ADOPTED by the Council of the City of Brea, California, this 20th day of August 2024
Christine Marick, Mayor
ATTEST: _________________________________
Lillian Harris-Neal, City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, California, do hereby certify that the foregoing resolution was adopted by the City Council of the City of Brea, California, at its regular meeting held on the 20th day of August 2024, by the following vote:

AYES: COUNCIL MEMBERS: Marick, Stewart, Hupp, Simonoff, Vargas NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
August 20, 2024
RESO. 2024- XXX
4 DATED: August 20, 2024
Lillian Harris-Neal, City Clerk
Attachment 1
The City of Brea Housing Trust Fund Commitment to use Local Housing Trust Fund (LHTF) Program Funds and Matching Funds.

1. Identification of the percent of the total funds requested that are anticipated to be used for each activity/project, including Area Median Income (AMI) level:

The LHTF award may fund multiple projects to further the development of affordable housing in the City of Brea.
30% of the LHTF funds are anticipated to be used for construction of a Permanent Supportive Housing project at 323 North Brea Boulevard. This is for a 39-unit residential development for those at the Extremely Low Income level (15-30% AMI) and one on-site manager’s unit.
20% of the funds are anticipated to be dedicated toward first time homebuyer downpayment assistance for Lower Income (up to 80% AMI) and RU Moderate Income (up to 120% AMI) households.
50% of the funds are anticipated to be allocated toward the development of future affordable housing projects in the City. This funding would be used for the development of new LowHU Income units (XS to 0% AMI).

2. Jurisdiction Served:

City of Brea, in Orange County
City of Brea
City Council Regular Meeting Communication
C. Introduce an Ordinance Designating Fire Hazard Severity Zones Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 3C.

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

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

1. Staff recommends that the City Council introduce Ordinance No. 1260 formally accepting and implementing the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area (LRA) maps for our jurisdiction with additional amendments to increase defensible space requirements to two hundred feet from a structure, roadway clearance to fifty feet, and to add enforcement into the High and Moderate Severity Zones.

BACKGROUND/DISCUSSION
The California Department of Forestry and Fire Protection (CAL FIRE) periodically updates fire hazard severity zone maps for Local Responsibility Areas (LRAs) throughout the state. These maps identify varying levels of fire hazard (Moderate, High, and Very High) based on factors including vegetation, topography, weather, crown fire potential, and ember production and movement.

State law requires local jurisdictions to formally adopt these maps by ordinance to ensure proper implementation of associated building standards and fire safety requirements in identified hazard zones.

CAL FIRE has completed its latest assessment of fire hazards in our jurisdiction and has provided updated LRA maps that reflect current conditions and risk factors. The proposed ordinance formally adopts these updated maps and authorizes their use for:

1. Determining applicable building standards for new construction

2. Implementing defensible space requirements

3. Disclosure requirements during real estate transactions

4. Emergency planning and fire prevention efforts
The updated maps incorporate the latest scientific methodologies and data, including vegetation mapping, fire history, weather patterns, and terrain analysis. These improvements enhance our ability to identify at-risk areas and implement appropriate mitigation measures.

The CalFire maps were posted on the City of Brea website on April 1, 2025 and are available for public comment through April 30, 2025. This first reading will be April 15, 2025, and the second reading will be May 6th, 2025. If approved, the new maps will go into effect June 6, 2025.

FISCAL IMPACT/SUMMARY
The adoption of the updated LRA maps will have minimal direct fiscal impact on the City. Implementation costs will be absorbed within the existing Fire Department budget.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Nicole Pesqueira, Fire Marshal
Concurrence by: Mark Terrill, Fire Chief
Attachments
FHSZ_City_LRA_11x17_Brea.pdf
Brea-ordinance-fire hazard zones-trb-1-3-25.pdf
City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:60,000 at 11" x 17"
Km 0 1 2 3 4
Mi 0 1 2 3
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Brea
Carbon Canyon Rd
142
90 57

UNINCORPORATED
LOS ANGELES CO.

UNINCORPORATED
ORANGE CO.

ANAHEIM

CHINO HILLS

DIAMOND BAR

FULLERTON

INDUSTRY

LA HABRA

HEIGHTS

PLACENTIA

YORBA LINDA
L O S A N G E L E S C O .

O R A N G E C O .

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O R A N G E
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March 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF BREA – ORANGE COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA

DESIGNATING FIRE HAZARD SEVERITY ZONES

A. RECITALS.
(i) The Legislature has declared in Government Code Section 51175(a):
“Wildfires are extremely costly, not only to property owners and residents, but also to local agencies. Wildfires pose a serious threat to the preservation of the public peace, health, or safety. The wildfire front is not the only source of risk since embers, or firebrands, travel far beyond the area impacted by the front and pose a risk of ignition to a structure or fuel on a site for a longer time. Since fires ignore civil boundaries, it is necessary that cities, counties, special districts, state agencies, and federal agencies work together to bring raging fires under control. Preventative measures are needed to ensure the preservation of the public peace, health and safety.”
(ii) Pursuant to Government Code Section 51179(a), the City is required to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in its jurisdiction, within 120 days of receiving recommendations from the State Fire Marshal pursuant to Government Code Section 51178.
(iii) In March, 2025, the State Fire Marshal updated and established Moderate, High, and Very High Fire Hazard Severity Zones for the County of Orange, California, including the City of Brea, and published a map showing those zones (“Fire Zone Map”.) (iv) The Brea Fire Department has reviewed the Fire Zone Map and believes it accurately represents the Moderate, High, and Very High Fire Hazard Severity Zones in the City.
(v) On or about March 24, 2025, information concerning the State Fire Marshal’s recommendation for designation of fire severity zones was made available for public review.
(vi) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE.

NOW, THEREFORE, the City Council of the City of Brea does hereby find and ordain as follows:

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

SECTION 2. The City of Brea hereby designates the Moderate, High, and Very High Fire Hazard Severity Zones as those areas identified in the attached Exhibit A, which is incorporated by reference.

SECTION 3. Any and all provisions in any previously adopted City ordinances designating Fire Severity Zones within the City of Brea’s jurisdiction, are superseded by the provisions of this Ordinance.

SECTION 4. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this ___ day of ____________, 2025. __________________________________
Blair Stewart, Mayor
ATTEST: __________________________
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 held on the ___ day of ______________, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea held on the ___ day of ______________, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

DATED: ______________________________
_____________________________________
City Clerk

City of Brea
City Council Regular Meeting Communication
A. April 1, 2025 Regular Meeting Minutes
Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4A.

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

RECOMMENDATION
Approve.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Victoria Popescu, Deputy City Clerk
Concurrence: Lillian Harris-Neal, City Clerk
Attachments
04-01-2025 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
April 1, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:45 P.M. 1A. Call to Order/Roll CallMayor Stewart called the Study Session to order at 6:45 p.m. All members were present. 1B. Public CommentNone.
1C. Clarify Regular Meeting Topics -
Police Chief Hawley clarified that the agreement for item 4B, Approve Purchase of Night Hawk Software from Leads Online, will be amended with revised dates and vendor signature. He also noted the source funding will change from General Fund to non-General Fund Asset Forfeiture account.
1D. City Council to appoint an ad hoc committee for the Orange County Waste Recycling (OCWR) Waste Infrastructure System Enhancement (WISE) Agreement and Cooperative (COOP) TermsPublic Works Director Ho provided a brief presentation on the item, noting staff would like to establish an ad hoc committee to provide direction and input to staff to assist in negotiations with the County of Orange.

Mayor Stewart appointed Mayor Pro Tem Hupp and Council Member Marick to the Orange County Waste Recycling (OCWR) Waste Infrastructure System Enhancement (WISE) Agreement and Cooperative (COOP) ad hoc Committee.
1E. Council Member Reports/RequestsCouncil Member Vargas indicated he will be recusing himself from item 3A, Brea Plaza Shopping Center Residential Project – General Plan Amendment (GPA) No. 2024-01, Zone Change (ZC) No. 2024-01, Density Bonus (DB) No. 2024-01, Precise Development (PD) No. 2024-01 and Conditional Use Permit (CUP) Nos. 2024-03, 2024-04, and 2025-05, and item 3B, Greenbriar Residential Development Project (The Village at Greenbriar) - Environmental Impact Report No. 2024-01, Vesting Tentative Tract Map No. 2024-01 (TTM No. 19394), General Plan Amendment No. 2024-02, Zone Change No. 2024-02, Precise Development No. 2024-02, and Development Agreement No. 2024-01, due to the proximity of both projects to his property line. He also indicated that he would be voting "No" on item 4E, City Manager Review Period Ordinance Update. 1F. Study Session AdjournmentMayor Stewart adjourned the Study Session at 6:48 p.m.

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:02 p.m. All members were present. 2B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.
2C. Invocation: Pastor Dan Crane, Formation Church
Pastor Dan Crane, Formation Church, led the Invocation. 2D. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session. 2E. Community Announcements
Council Member Vargas invited the community to join the City of Brea Special Events Division at the annual Pet Expo on Saturday, April 5 from 9:00 a.m. -3:00 p.m. at the Brea Community Center.

He announced that there will be adoption opportunities of animals, K-9 demonstrations, pet supplies and food available for purchase, and admission that is $3, with children under the age of 12 are free. He noted that pets will not be admitted to the event and directed the community to the City website for more information.

Council Member Marick announced that Cal Fire has released updated wildfire hazard maps throughout the state, which includes Brea. She indicated that the new maps incorporate information on topography, fire weather, flame length, past fire history, vegetation type and the overall likelihood of a wildfire igniting in the area; and homeowners can use these maps to assess their own risk and take potentially life-saving steps to make their properties more fire resistant.

She added that these updated maps are available to the public for review and comment and to view the map, residents can visit the City Website. Finally, she announced that public comments may be submitted to to [email protected].
2F. Matters from the Audience
Theresa Ullrich inquired about the impacts of federal funding cuts to the City's budget.

Wayne Wedin thanked the City for their work in assisting the Eagle Hills community during the holiday light display event.

Sean Thomas thanked Republic Services for assisting the mobile home park where he resides. He also spoke about the success of the opening of the new Brea Gallery exhibit and spoke about the Cultural Arts program in the City.

Lee Squire spoke about National Vietnam War Veterans Day and thanked Mayor Stewart for ensuring a wreath was placed at the Brea War Memorial in honor of National Vietnam War Veterans Day.
2G. Response to Public Inquiries
City Manager Griffith responded to public inquiries.

Mayor Stewart requested the Consent Calendar be voted on prior to the public hearing items.

3. PUBLIC HEARINGS
3A. Brea Plaza Shopping Center Residential Project – General Plan Amendment (GPA) No. 2024-01, Zone Change (ZC) No. 2024-01, Density Bonus (DB) No. 2024-01, Precise Development (PD) No. 2024-01 and Conditional Use Permit (CUP) Nos. 2024-03, 2024-04, and 2025-05.

Council Member Vargas recused himself from the discussion on both public hearing items and left the dais.

Senior Planner Newton provided a presentation on the item and spoke about the projects executive summary, background, requested entitlements, General Plan Amendment, Zone Change, project description, renderings, parking, density bonus request, California Environmental Quality Act (CEQA), analysis, conditions of approval, Planning Commission recommendations, noticing, and recommendation.

Waad Nadhir, BOSC Realty Advisors, applicant, provided a presentation on the project and spoke about Brea Plaza history, current Brea Plaza improvements, building renderings, Brea Plaza Living objectives, Brea Plaza Living project description, apartment renderings, apartment amenities, notable characteristic, project comparison 2025 versus 2022, demographic notes, parking number based on actual demand, and minimum extra parking spaces.

Arthur Black, Transportation Planner, LSA Associates, Inc., spoke about the results of the traffic study and data.

Marice dePasquale spoke about public outreach and community input.

Council discussed the density bonus requests, affordable housing incentives, State legislative requirements, penalties of denial, parking standards, and results of the parking study.

In response to Council questions, staff explained the implications of denying this project, indicating that under state law, the size and scope of what is allowable should the density bonus request be made could potentially have a much greater impact than the project that is currently being proposed.

Mayor Stewart opened the public hearing.

Craig Farris spoke in support of the project, and indicated the project fulfills plans of the Brea Envisions team.

Marice dePasquale read a letter of support into the record from Dorothy Carlow, CEO, Mothers Market.

Mike Rafipoor, owner, Panini Kabob Grill, spoke in support of the project and spoke in support of housing within walking distance of his restaurant for his staff.

Susan Perlson spoke in support of the project, noting the desirable location for infill housing due to the walkability and safety of the site. She also spoke in favor of sustainability and requested electric appliances and drought-tolerant landscape.

Lee Squire spoke in support of the project and rental and affordable housing.

Lacy Schoen spoke in support of the project and read a letter of support aloud for the record from Jill Dunn, Chair, Board of Directors, Brea Chamber of Commerce.

Elizabeth Hansburg spoke in support of the project and spoke about the need of diversity in housing stock and importance of having rental housing.

Tanya Huynh spoke in support of the project, noting that bringing children into the school district will bring additional funding to schools.

Patrick Verga spoke in support of the project.

Bob Wright spoke regarding the implications of state laws on the proposed project.

Ashley Cole spoke in support of the project, affordable housing in the City and spoke about the applicant's prior project proposal.

Roland Trudell, owner, Custom Comfort Mattress, spoke in support of the project, noting prior issues with parking due to the employees of the former Mercury office and indicated that currently, his employees do not have any issues finding parking.

Marc Atkin, president, Friar Tux, spoke in support of the project and discussed the importance of increasing the housing stock in the state of California.

Dennis Arp spoke in support of the project, noting the importance of keeping up with housing demand with sustainable developments.

Kenneth Kim, Sushi Club, spoke in support of the project.

Rachel Weeks spoke in support of the project and spoke about the housing crisis in the state of California and encouraged diversity of housing stock.

Debra Shrider spoke in opposition of the project, noting concerns with traffic and parking. She also requested that Council mitigate traffic impacts on Imperial Highway.

Laurel Reimer spoke in support of the project and spoke about the necessity for new housing in the City and State. She also spoke about existing traffic on Imperial Highway, noting that providing housing closer to where people work will reduce traffic.

Dwight Manley spoke in support of the project and spoke about the history of development in the City.

Wayne Wedin spoke in support of the project, spoke about the history of the City and spoke about potential consequences as a result of not complying with state law.

Seeing no further members of the public wishing to address the Council, Mayor Stewart closed the public hearing.

Council expressed frustration with state mandates and pending legislation. They also spoke in favor of forward-thinking and beneficial development.

Killebrew discussed the staff review process and the assessed conditions of approval.

Motion was made by Council Member Marick and seconded by Mayor Pro Tem Hupp to approve, Resolution No. 2025-16, to change the General Plan Land Use designation of the Project site from General Commercial to Mixed Use II and approving the Addendum to the Final Environmental Impact Report (FEIR) for the Brea Plaza Expansion Project (EIR SCH No. 2020079022 Addendum No. 1) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164; Resolution No. 2025-17, to utilize the various Density Bonus provisions pursuant to Density Bonus Law; Resolution No. 2025-18, to allow the construction of a new residential development consisting of a four-story, 120-unit apartment building atop a two-level parking structure with 95 parking spaces, demolition and reconstruction of an existing restaurant building with a smaller footprint, and a surface parking area with 53 parking spaces; Resolution No. 2025-19, to establish a multi-family dwelling use; Resolution No. 2025- 20, to allow modifications of off-street parking requirements; Resolution No. 2025-21, to amend the existing comprehensive sign program for the shopping center for the apartment building’s signs, including addressing, directional, residential project name signs, and a freeway-oriented building-mounted sign; and Introduce by title only and waive further reading of an ordinance, Ordinance No. 1256, "An Ordinance of the City of Brea approving Zone Change No. 2024-01 for the Brea Plaza Shopping Center residential project," approving ZC No. 2024-01, to change the zoning of the site from General Commercial with a Precise Development Overlay and Flood Plain Overlay District to Mixed-Use II, with the existing Flood Plain Overlay District over Assessor Parcel Numbers 319-391-02 and 319-391-03 retained as is; and schedule the adoption of the aforementioned ordinance at the next regular City Council meeting. Motion passed 4-0-0-1 (Ayes: Stewart, Hupp, Marick, Simonoff. Recused: Vargas). 3B. Greenbriar Residential Development Project (The Village at Greenbriar) - Environmental Impact Report No. 2024-01, Vesting Tentative Tract Map No. 2024-01 (TTM No. 19394), General Plan Amendment No. 2024-02, Zone Change No. 2024-02, Precise Development No. 2024-02, and Development Agreement No. 2024-01.

Mayor Stewart recessed the meeting at 9:05 p.m.

Mayor Stewart reconvened the meeting at 9:21 p.m.

Senior Planner Pennington provided a presentation on the item and spoke about the project's executive summary, required entitlements, General Plan Amendment, Zone Change, project layout and circulation, building types, open space, development standards, development agreement, California Environmental Quality Act (CEQA), project/EIR timeline, analysis, conditions of approval, Planning Commission recommendations, noticing, and recommendation.

Peter K. Carlson, president, Carlson Strategic Land Solutions, on behalf of the applicant, provided a presentation and spoke about Greenbriar Residential quick facts, off-site affordable housing quick facts, project renderings, outdoor space, traffic, and parking.

Mayor Stewart opened the public hearing.

Craig Farris spoke in support of the project, noting the project is a good use for the space and spoke in favor of the ownership element.

Elizabeth Hansburg spoke in support of the project and noted that the development is forwardthinking.

Lacy Schoen spoke in support of the project.

Tanya Huynh spoke in support of the project.

Patrick Verga spoke in support of the project, noting the project will help the City meet Regional Housing Needs Assessment (RHNA) numbers.

Ashley Cole spoke in support of the project.

Dennis Arp spoke in support of the project and spoke favorably about the design and landscaping choices.

Gary Brattain spoke in support of the project and spoke in favor of the senior affordable housing element of the project.

Laurel Reimer spoke in support of the project and suggested the developer be cognizant of maintenance responsibilities of the proposed water element.

Chick Adams spoke in support of the project and spoke in support of veterans housing in the City.

Carolyn Dail spoke in support of the project, requested the City increase communication, and ensure that what is proposed matches the project at completion. She also expressed concerns with the cumulative effects of both the Greenbriar and Brea Plaza projects.

Bev Perry spoke about challenges with parking and the project height.

Catherine Moore expressed concerns with the height of the buildings, privacy, tree removal, configuration of Greenbriar Lane, and private pedestrian walkways.

Council discussed affordable units, accessibility of the location of the affordable senior units, and the potential for opening up affordable housing units to more than just seniors and veterans.

Staff provided an explanation on why inclusionary housing is not proposed on-site.

Assistant City Manager/Community Development Director Killebrew spoke about fair housing and affordable housing ordinance implementation.

Council also discussed not restricting the affordable housing component to just veterans and seniors; parking, parking enforcement, and parking management plans to address potential future parking issues; pedestrian access; maintenance and insurance of public art piece; speed mitigation on Aurora Avenue; Conditions of Approval; project height; street width; elevation differences; fire access; tree removal and replacement; and overnight parking.

In response to Council discussion, staff spoke about the procedures for administering overnight parking permits, ways to mitigate parking enforcement, possibly adding parking spaces to the project, and explained common open space standards.

Council requested staff to return with a plan to accommodate additional parking.

Mayor Stewart recessed the meeting at 11:13 p.m.

Mayor Stewart reconvened the meeting at 11:19 p.m.

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to adopt Resolution No. 2025-22 certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2024071235, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Section 15132 (Contents of Final EIR), and CEQA Guidelines Section 15090 (Certification of the Final EIR); Resolution No. 2025-24, to allow for a subdivision of the Project site for condominium purposes; Resolution No. 2025-23, to change the land use designation of the Project site from General Commercial to a Mixed Use II land use designation; Resolution No. 2025-25, to allow the demolition of an existing 164,908 square foot office building, a three-level parking structure, and surface parking and associated landscape areas, and construction of a residential development consisting of 179 single-family units (detached and attached) including landscaping and common open space areas, which would include a private park; introduce by title only and waive further reading of Ordinance No. 1257, "An Ordinance of the City of Brea approving Zone Change No. 2025-02 for the Greenbriar Residential Development Project," to change the zoning designation of the Project site from CG General Commercial Zone with a PD Precise Development Overlay to MU-II Mixed Use II; introduce by title only and waive further reading of Ordinance No. 1258, "An Ordinance of the City Council of the City of Brea approving Development Agreement No. 2024-01 by and between the City of Brea and Lennar Homes of California, LLC regarding the Greenbriar Residential Development," for a contract between the Applicant and the City, defining terms of development proposed by vesting the City’s approval while specifying public benefits and improvements; and schedule adoption of aforementioned ordinances at the next regular City Council meeting. Motion Passed 4-0-0-1 (Ayes: Stewart, Hupp, Marick, Simonoff. Recused:

Vargas).

4. CONSENT CALENDAR
Motion was made by Council Member Simonoff, and seconded by Mayor Pro Tem Hupp, to approve City Council Consent Items 4A - 4G. Motion passed 5-0-0-0, with Council Member Vargas voting "No" on item 4E.
4A. March 18, 2025 Regular Meeting Minutes
The City Council approved the March 18, 2025 Regular Meeting Minutes as written. 4B. Approve Purchase of Night Hawk Software from Leads Online The City Council approved the Police Department's 3-year agreement with Leads Online to purchase Night Hawk social media mining software for $60,527 (3-year cost). 4C. Approve Grant-Funded Purchase of Portable Surveillance Cameras The City Council approved the Police Department's grant-funded purchase of portable surveillance cameras from Sandoval Custom for $114,000. 4D. Approval of the Memorandum of Understanding with County of Orange to allow the City of Brea to continue using the County' s Countywide Mass Notification System, AlertOC.

The City Council approved and authorized the City Manager to execute and manage, on behalf of the City of Brea, a Memorandum of Understanding with Brea and the County of Orange to allow their use of the County' s Countywide Mass Notification System under the terms and conditions of the County' s Countywide Mass Notification System Operating Guidelines and vendor-provided agreements, commencing on December 30, 2024, through December 30, 2029. 4E. City Manager Review Period Ordinance Update
The City Council adopted Ordinance No. 1255, "An Ordinance of the City Council of the City of Brea amending the Brea City Code to increase the City Manager review period and approving a CEQA exemption determination."
4F. Approval of Agreement with Amazon for Use of the Old Bank of America Building for Fire Department Training Purposes
The City Council approved the contract and authorized the Brea Fire Department to enter into an agreement with Amazon for the use of the old Bank of America building located at 275 Valencia Avenue, Brea, CA, for training purposes.
4G. City Disbursement Registers for March 14, 2025, March 21, 2025 and March 28, 2025 The City Council received and filed the City Disbursement Registers for March 14, 2025, March 21, 2025 and March 28, 2025.

5. ADMINISTRATIVE ANNOUNCEMENTS
5A. City ManagerNone.
5B. City AttorneyNone.
5C. Council RequestsNone.

6. COUNCIL ANNOUNCEMENTS
6A. Council AnnouncementsNone.

7. ADJOURNMENT
7A. Meeting AdjournmentMayor Stewart adjourned the General Session at 11:54 p.m.

City of Brea
City Council Regular Meeting Communication
B. Second Reading of Ordinance No. 1256 - Zone Change No. 2024-01: Brea Plaza Shopping Center Residential Project (Brea Plaza Living)
Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4B.

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

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

1. Waive the full reading and adopt Ordinance No. 1256, an Ordinance of the City of Brea approving Zone Change No. 2024-01 for the Brea Plaza Shopping Center Residential Project.

BACKGROUND/DISCUSSION
The Applicant, Architects of Orange, represented by Jahn Nguyen, submitted entitlement application requests for the Brea Plaza Shopping Center Residential Project (“Project”). The Project would allow redevelopment of a 1.7- acre portion of land within the northwest portion of the 15.58-acre Brea Plaza Shopping Center site by constructing the following on an existing surface parking lot:

A four-story, 118,620-square-foot multi-family residential building with a maximum of 120 apartments above a two-level parking structure with 95 parking spaces shared by residents and commercial businesses.

A surface parking area of 53 spaces located within the project construction area.

A demolition of an existing 7,500-square-foot freestanding restaurant building (currently occupied by Buca di Beppo) and the construction of a new 5,000-square-foot standalone restaurant building with a 1,101-squarefoot outdoor dining area.

Approval of the following entitlements is required for the Project:

1. General Plan Amendment (GPA) No. 2024-01: to modify the Project site’s General Plan land use designation from General Commercial to a Mixed Use II land use designation

2. Zone Change (ZC) No. 2024-01: to modify the Project site’s zoning designation from a General Commercial (C-G) Zone with a Precise Development (PD) Overlay and Flood Plain Overlay Districts to a Mixed-Use II (MUII) Zone, with the existing Flood Plain Overlay District over Assessor Parcel Numbers 319-391-02 and 319- 391-03 retained as is.

3. Density Bonus (DB) No. 2024-01: to utilize the following Density Bonus provisions pursuant to Density Bonus Law: 1) Density Bonus parking standards; 2) one Density Bonus concession/incentive for exemption from the Zoning Code’s Art in Public Places requirement; 3) five Density Bonus waivers of development standards, to allow for the increase in the maximum height to 64’-4”, the reduction of the minimum rear setback to 6’-6”, the reduction of minimum common open space to 49.75 square feet per dwelling unit, the reduction of the minimum private open space to 53 square feet per dwelling unit, and the reduction of the required landscaping for the building perimeter vary between 0’ to 5’; and 4one additional incentive under Brea City Code (BCC) Chapter 20.40 to allow for deferral of development impact fees payment to certificate of occupancy.

4. Precise Development (PD) No. 2024-01: to allow the construction of a new residential development consisting of a four-story, 120-unit apartment building atop a two-level parking structure with 95 parking spaces, demolition and reconstruction of an existing restaurant building with a smaller footprint, and a surface parking area with 53 parking spaces.

5. Conditional Use Permits (CUPs) Nos. 2024-03, 2024-04, and 2024-05: 1) to establish a multi-family dwelling use; 2) to allow modifications of off-street parking requirements; and 3) to amend the existing comprehensive sign program for the shopping center for the apartment building’s signs, including addressing, directional, residential project name signs, and a freeway-oriented building-mounted sign.

On April 1, 2025, the City Council introduced Ordinance No. 1256 for the proposed ZC, in conjunction with adopting Resolution Nos. 2025-16 through 2025-021 approving all entitlements associated with the Project, with the revised conditions of approval recommended by staff, and the Addendum to the Final Environmental Impact Report (FEIR) for the Brea Plaza Expansion Project (EIR SCH No. 2020079022 Addendum No. 1). The comprehensive staff report package from the April 1, 2025, City Council meeting can be accessed from the following link:
https://horizon.agendalink.app/engage/breaca/67b51dfe23108a0054f51db9 (Click on Item 3A)

PLANNING COMMISSION RECOMMENDATION
On March 11, 2025, the Planning Commission on a 3 (ayes) - 1 (abstain) - 1 (recusal) vote, approved Resolution No.

PC 2025-03 recommending that the City Council approve the Project with modified conditions of approval and other recommendations, along with the EIR SCH No. 2020079022 Addendum No. 1.

FISCAL IMPACT/SUMMARY
There are no requests for financial assistance or fee waivers associated with the construction of the Project.

Although the Applicant is approved to defer payment of development impact fees to the issuance of a certificate of occupancy pursuant to BCC Section 20.40.060.B, the Project is still required to pay such development impact fees in full. Therefore, the Project would not have a negative impact on the City’s General Fund.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Jessica Newton, Senior Planner
Concurrence: Jason Killebrew, Assistant City Manager/Community Development Director Joanne Hwang, AICP, City Planner
Attachments
Attachment A - Ordinance No. 1256.pdf

ATTACHMENT A
ORDINANCE NO. 1256
AN ORDINANCE OF THE CITY OF BREA APPROVING ZONE CHANGE NO. 2024-01 FOR THE BREA PLAZA SHOPPING CENTER RESIDENTIAL

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

A. RECITALS:
(i) Jahn Nguyen, Architects of Orange (the “Applicant”) has applied for approval of the Brea Plaza Shopping Center Project (Brea Plaza Living), which includes General Plan Amendment No. 2024-01 (GPA No. 2024-01), Zone Change No. 2024-01 (ZC No. 2024-01), Density Bonus No. 2024-01 (DB No. 2024-01), Precise Development No. 2024-01 (PD No. 2024-01), and Conditional Use Permit Nos. 2024-03, 2024-04, and 2025-05 (CUP Nos. 2024-03, 2024-04, and 2025-05) to allow the construction of a new residential development consisting of a four-story, 120-unit apartment building with a private terrace atop a two-level parking structure with 95 parking spaces, a surface parking area with 53 parking spaces, a modification of the off-street parking requirements based on a shared parking analysis and a comprehensive sign program amendment (the “Project”), for that certain real property located at 1639 East Imperial Highway, in the City of Brea, and further legally described as Assessor Parcel Numbers 319-391-01, 319-391-02, 319-391-03, and 319-391-04, as shown in the latest records of the County of Orange Assessor’s Office (the “Project Site”). (ii) The Project Site is a 15.58-acre property known as Brea Plaza Shopping Center, with the proposed development occurring on an approximately 1.7-acre area located at the northwest corner of the shopping center. The Project Site currently has a General Plan Land Use designation of General Commercial and zoning designation of Ordinance No. 1256

Page 2 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01
C-G General Commercial with a Precise Development (PD) Overlay and Flood Plain Overlay Districts.
(iii) In conjunction with GPA No. 2024-01, which would amend the General Plan Land Use designation of the Project Site to Mixed Use II, ZC No. 2024-01 would amend the zoning designation of the Project Site from General Commercial (C-G) with a Precise Development (PD) Overlay and Flood Plain Overlay Districts to Mixed-Use II (MU-II) zoning designation. The existing Flood Plain Overlay District over Assessor Parcel Numbers 319-391-02 and 319-391-03 will remain as is. On April 19, 2022, in accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), a Final Environmental Impact Report (EIR) (State Clearinghouse No. 2020079022) was certified and a Mitigation Monitoring and Reporting Program was adopted by the City Council (Resolution No. 2022-030) for the Brea Plaza Expansion Project at the Project Site.
(iv) Pursuant to CEQA Guidelines Section 15162 and 15164 (a), the City has prepared an Addendum to the previously certified Final EIR for the Project (EIR SCH No. 2020079022 Addendum No. 1), which analyzed impacts evaluated in the Final EIR relative to the Project and concluded that the Project would not result in any environmental impacts beyond those identified in the Final EIR and as such, constitutes substantial evidence supporting the conclusions that preparation of a supplemental or subsequent EIR is not required.
(v) On March 11, 2025, the Planning Commission held a duly noticed public hearing on the Project and the Addendum, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution.

Ordinance No. 1256

Page 3 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01
(vi) On April 1, 2025, the City Council held a duly noticed public hearing on the Project and the Addendum, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution. (vii) The documents and other material that constitute the record of the proceedings concerning the Project upon which this Ordinance is based are kept by the City of Brea Community Development Department, located at 1 Civic Center Circle, Brea, California 92821.
(viii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. All facts set forth above in Part A, Recitals, are true and correct.

SECTION 2. Based on the facts set forth above, the entirety of the evidence presented at the above-referenced public hearing, including all written evidence and testimony presented during the hearing, and the independent judgment of the City Council, the City Council finds as follows:
a. The proposed Zone Change of the Project Site from C-G General Commercial with a Precise Development (PD) Overlay and Flood Plain Overlay District to Mixed-Use II (MU-II) with the Flood Plain Overlay District over Assessor Parcel Numbers 319-391-02 and 319-391-03 remaining is in conformity with the General Plan, as amended by GPA No. 2024-01, which amends the General Plan to change the land use designation of the Project Site from General Commercial to Mixed-Use II. Approval of ZC No. 2024-01 will therefore align the Zoning Map with the General Plan. The Project would also be consistent with Ordinance No. 1256

Page 4 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01
other goals, policies, and provisions or the General Plan as set forth in the resolution approving GPA No. 2024-01.
b. The proposed Zone Change is in the interest of public necessity, convenience, general welfare, and good zoning practice based in part of the following:
i. The Project Site is suitable for mixed use development as proposed by the Project. The MU-II Zone allows for and encourages commercial and residential uses that are compatible with adjoining land uses. The Project includes a mix of residential and commercial uses over a 1.7-acre area within a 15.58-acre shopping center presently developed with restaurant, retail, and office uses. The Project would create a mixeduse, in-fill development by introducing a multi-family residential use to a shopping center. The Project would be compatible with surrounding land uses and provide a pedestrian accessway connecting the Project Site and the adjacent private property to the north of the Project Site (Assessor’s Parcel Number 319-102-34).
ii. The proposed Zone Change is not detrimental to the use of land in any adjacent zone. The Project Site is physically suitable for a Mixed Use II Land Use Designation, which would be compatible with adjoining land uses. The Project has been evaluated and conditioned to upgrade necessary utilities and ensure proper traffic circulation to minimize vehicle-pedestrian conflicts. In addition, the Project includes a reduction in the overall building size, unit count, and parking demand Ordinance No. 1256

Page 5 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01
compared to the project that was studied in the previously certified Final EIR; therefore, the Addendum concluded that the Project would result in lesser environmental impacts than those analyzed in the Final EIR.

SECTION 3. Based on the findings set forth above, the City Council approves Zone Change No. 2024-01 to change the zoning designation of the Project site from General Commercial (C-G) with a Precise Development (PD) Overlay and Flood Plain Overlay Districts to Mixed-Use II (MU-II) zoning designation, with the existing Flood Plain Overlay District over Assessor Parcel Numbers 319-391-02 and 319-391-03 retained as is. The City of Brea Zoning Map is amended to incorporate the approval of Zone Change No. 2024-01, as shown in Exhibits A and B.

SECTION 4. The City Clerk shall certify to the adoption of this Ordinance.

ADOPTED AND APPROVED this 15th day of April 2025.

Blair Stewart, Mayor
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 held on the 1st day of April 2025 and was finally passed at a regular meeting of the City Council of the City of Brea, held on the 15th day of April 2025, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Ordinance No. 1256

Page 6 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01
ATTEST: ___________________________
Lillian Harris-Neal, City Clerk
Ordinance No. 1256

Page 7 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01

EXHIBIT A

EXISTING ZONING DESIGNATION FOR BREA PLAZA SHOPPING
CENTER
Ordinance No. 1256

Page 8 ends

Applicant: Jahn Nguyen, Architects of Orange
ZC No. 2024-01

EXHIBIT B

PROPOSED ZONING DESIGNATION FOR BREA PLAZA SHOPPING
CENTER
City of Brea
City Council Regular Meeting Communication
C. Second Reading of Ordinance No. 1257 - Zone Change No. 2024-02 and Ordinance No. 1258 - Development Agreement No. 2024-01 (Greenbriar Residential Development Project) Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4C.

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

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

1. Waive full reading and adopt Ordinance No. 1257, an Ordinance of the City of Brea approving Zone Change No. 2024-02 for the Greenbriar Residential Development Project and Ordinance No. 1258, an Ordinance of the City of Brea approving Development Agreement No. 2024-01 by and between the City of Brea and Lennar Homes of California, LLC regarding the Greenbriar Residential Development Project.

BACKGROUND/DISCUSSION
The Applicant, Lennar Homes of California, LLC, submitted entitlement application requests for the Greenbriar Residential Development Project (“Project”). The Project would allow demolition of an existing 164,908 square foot office building, a three-level parking structure, and surface parking and associated landscape areas, and construction of a residential development consisting of 179 single-family units (detached and attached) including landscaping and common open space areas.

Approval of the following entitlements is required for the Project:

1. Environmental Impact Report (EIR) No. 2024-01: to analyze the environmental impacts resulting from construction and operation of the proposed project, which is prepared pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines;

2. Vesting Tentative Tract Map (TTM) No. 2024-01: to allow for a condominium map;

3. General Plan Amendment (GPA) No. 2024-02: to modify the project site’s General Plan land use designation from General Commercial to a Mixed-Use II land use designation;

4. Zone Change (ZC) No. 2024-02: to modify the project site from C-G General Commercial Zone to a MixedUse II (MU-II) Zone;

5. Development Agreement (DA) No. 2024-01: for a contract between the Applicant and the City, defining terms of development proposed by vesting the City’s approval while specifying public benefits; and

6. Precise Development (PD) No. 2024-02: to demolish an existing 164,908 square foot office building, a threelevel parking structure, and surface parking and associated landscape areas, and construct a residential development consisting of 179 single-family units (detached and attached) with a private recreational area.

On April 1, 2025, the City Council introduced Ordinance Nos. 1257 and 1258 for the proposed ZC and DA, in conjunction with adopting Resolution Nos. 2025-22 through 2025-25 certifying the EIR prepared for the Project (State Clearinghouse No. 2024071235) and approving all entitlements associated with the proposed Project, with the revised conditions of approval recommended by staff. The comprehensive staff report package from the April 1, 2025 City Council meeting can be accessed from the following link:
https://horizon.agendalink.app/engage/breaca/67b51dfe23108a0054f51db9 (Click on Item 3B)

PLANNING COMMISSION RECOMMENDATION
On March 11, 2025, the Planning Commission, on a 4 (ayes) - 1 (recusal) vote, approved Resolution No. 2025-04 recommending City Council certification of the EIR and approval of all associated entitlements for the Project, with modified conditions of approval and other recommendations.

FISCAL IMPACT/SUMMARY
There is no request for financial assistance or fee waivers associated with the Project. The Applicant would be responsible to pay for all applicable permit and development impact fees associated with construction of the Project.

Therefore, the Project would not have a negative impact on the City’s General Fund.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Rebecca M. Pennington, Senior Planner
Concurrence: Jason Killebrew, Assistant City Manager/Community Development Director Joanne Hwang, AICP, City Planner
Attachments
Attachment A - Ordinance No. 1257.pdf
Attachment B - Ordinance No. 1258.pdf
Exhibit A of Attachment B (Ordinance No. 1258) - DA No. 2024-01.pdf 3086403.2
ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY OF BREA APPROVING ZONE CHANGE NO. 2024-02 FOR THE GREENBRIAR RESIDENTIAL DEVELOPMENT PROJECT THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Lennar Homes of California, LLC. (the “Applicant”) has applied for approval of the Greenbriar Residential Development Project (The Village at Greenbriar), which includes Environmental Impact Report No. 2024-01 (EIR No. 2024-01), Vesting Tentative Tract Map No. 2024-01 (TTM No. 19394), General Plan Amendment No. 2024-02 (GPA No. 2024-02), Zone Change No. 2024-02 (ZC No. 2024-02), Precise Development No. 2024-02 (PD No. 2024-02), and Development Agreement No. 2024- 01 (DA No. 2024-01) to allow the demolition of an existing 164,908 square foot office building, a three-level parking structure, and surface parking and associated landscape areas, and construction of a residential development consisting of 179 single-family units (detached and attached) including landscaping and common open space areas, which would include a private park (the “Project”), at 1698-1700 Greenbriar Lane (the “Project Site”).
(ii) The Project Site is a 9.7-acre property that is situated west of South Associated Road, south of Greenbriar Lane, and north of the Brea Plaza Shopping Center. The Project Site currently has a General Plan Land Use designation of General Commercial and a zoning designation of C-G General Commercial with a P-D Precise Development Overlay.

Ordinance No. 1257

Page 2 ends

Applicant: Lennar Homes of California, LLC
ZC No. 2024-02
3086403.2
(iii) In conjunction with GPA No. 2024-02, ZC No. 2024-02 would amend the zoning designation of the Project Site from C-G General Commercial with a P-D Precise Development Overlay to MU-II Mixed Use II.
(iv) The City has prepared an Environmental Impact Report (EIR) to analyze the environmental effects of the Project pursuant to the requirements of the California Environmental Quality Act, Public Resources Code § 21000 et seq. By adoption of a separate resolution, the City Council has certified the Final EIR and adopted a Mitigation Monitoring and Reporting Program and Findings of Fact for the Project. (v) On March 11, 2025, the Planning Commission held a noticed public hearing on the Project and the Final EIR, during which it received and considered all evidence and testimony presented prior to recommending that the City Council certify the Final EIR and approve the Project.
(vi) On April 1, 2025, the City Council held a duly noticed public hearing on the Project and the Final EIR, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution. (vii) The documents and other material that constitute the record of the proceedings concerning the Project upon which this Ordinance is based are kept by the City of Brea Community Development Department, located at 1 Civic Center Circle, Brea, California 92821.
(viii) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. All facts set forth above in Part A, Recitals, are true and correct.

Ordinance No. 1257

Page 3 ends

Applicant: Lennar Homes of California, LLC
ZC No. 2024-02
3086403.2
SECTION 2. Based on the facts set forth above, the entirety of the evidence presented at the above-referenced public hearing, including all written evidence and testimony presented during the hearing, and the independent judgement of the City Council, the City Council finds as follows:
a. The proposed Zone Change of the Project Site from C-G General Commercial with a P-D Precise Development Overlay to MU-II Mixed Use II is in conformity with the General Plan, as amended by GPA No. 2024-02, which amends the General Plan to change the land use designation of the Project Site from General Commercial to Mixed Use II. Approval of ZC No. 2024-02 will therefore align the City’s Zoning Map with the General Plan. The Project would also be consistent with other goals, policies, and provisions or the General Plan as set forth in the resolution approving GPA No. 2024-02. b. The proposed Zone Change is in the interest of public necessity, convenience, general welfare, and good zoning practice based in part of the following:
i. The proposed residential development would be suitable for the Mixed Use II (MU-II) zoning designation. The MU-II Zone allows for “either vertical or horizontal integration of uses” and emphasizes “tying together the uses with appropriate pedestrian linkages.” The Project would be compatible with surrounding land uses and would provide a pedestrian accessway connecting the Project Site and the Brea Plaza Shopping Center.

Ordinance No. 1257

Page 4 ends

Applicant: Lennar Homes of California, LLC
ZC No. 2024-02
3086403.2
ii. The proposed Zone Change is not detrimental to the use of land in any adjacent zone. The proposed Project entails 179 single-family units (detached and attached) including landscaping and common open space areas, which would include a private park and would be compatible with the surrounding land uses, which are a mixture of residential and commercial land uses. The Project has been evaluated and conditioned so as to upgrade necessary utilities and ensure proper traffic circulation to minimize vehicle and pedestrian conflicts. The Final EIR also evaluated environmental factors including air quality, cultural and paleontological resources, energy, greenhouse gas emissions, hazards and hazardous materials, transportation, and utilities and service systems. There were no topics analyzed that resulted in significant and unavoidable impacts.

SECTION 3. Based on the findings set forth above, the City Council approves Zone Change No. 2024-02 to change the zoning designation of the Project site from CG General Commercial with a P-D Precise Development Overlay to MU-II Mixed Use II.

The City of Brea Zoning Map is amended to incorporate the approval of Zone Change No. 2024-02, as shown in Exhibits A and B.

SECTION 4. The City Clerk shall certify to the adoption of this Ordinance.

ADOPTED AND APPROVED this 1
st day of April 2025.

Page 5 ends

Applicant: Lennar Homes of California, LLC
ZC No. 2024-02
3086403.2
held on the 1
st day of April 2025 and was finally passed at a regular meeting of the City Council of the City of Brea, held on the 15
th day of April 2025, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: ___________________________
Lillian Harris-Neal, City Clerk
3086403.2

EXHIBIT A

EXISTING ZONING DESIGNATION FOR

GREENBRIAR RESIDENTIAL DEVELOPMENT
3086403.2

EXHIBIT B

PROPOSED ZONING DESIGNATION FOR

GREENBRIAR RESIDENTIAL DEVELOPMENT
3086402.2
ORDINANCE NO. 1258

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING DEVELOPMENT AGREEMENT NO. 2024-01 BY AND BETWEEN

THE CITY OF BREA AND LENNAR HOMES OF CALIFORNIA, LLC

REGARDING THE GREENBRIAR RESIDENTIAL DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:

A. RECITALS:
(i) Lennar Homes of California, LLC (the “Applicant”) has applied for approval of the Greenbriar Residential Development Project (The Village at Greenbriar), which includes Environmental Impact Report No. 2024-01 (EIR No. 2024-01), Vesting Tentative Tract Map No. 2024-01 (TTM No. 19394), General Plan Amendment No. 2024-02 (GPA No. 2024-02), Zone Change No. 2024-02 (ZC No. 2024-02), Precise Development No. 2024-02 (PD No. 2024-02), and Development Agreement No. 2024- 01 (DA No. 2024-01) to allow the demolition of an existing 164,908 square foot office building, a three-level parking structure, and surface parking and associated landscape areas, and construction of a residential development consisting of 179 single-family units (detached and attached) including landscaping and common open space areas, which would include a private park (the “Project”), at 1698-1700 Greenbriar Lane (the “Project Site”).
(ii) The Project Site is a 9.7-acre property that is situated west of South Associated Road, south of Greenbriar Lane, and north of the Brea Plaza Shopping Center. The Project Site currently has a General Plan Land Use designation of General Commercial and a zoning designation of C-G General Commercial with a P-D Precise Development Overlay.

Ordinance No. 1258

Page 2 ends

Applicant: Lennar Homes of California, Inc.

DA No. 2024-01
3086402.2
(iii) The Applicant is requesting to modify the Project Site’s General Plan Land Use designation from General Commercial to Mixed Use II, and to modify the Project Site’s zoning designation from C-G General Commercial with a P-D Precise Development Overlay to MU-II Mixed Use II.
(iv) A copy of DA No. 2024-01 is attached as Exhibit A to this Ordinance and hereby incorporated as though set forth in full.
(v) The City has prepared an Environmental Impact Report (EIR) to analyze the environmental effects of the Project pursuant to the requirements of the California Environmental Quality Act, Public Resources Code § 21000 et seq. By adoption of a separate resolution, the City Council has certified the Final EIR and adopted a Mitigation Monitoring and Reporting Program and Findings of Fact for the Project, which are attached as Exhibit A and B to that resolution.
(vi) On March 11, 2025, the Planning Commission held a noticed public hearing on the Project and the Final EIR, during which it received and considered all evidence and testimony presented prior to recommending that the City Council certify the Final EIR and approve the Project.
(vii) On April 1, 2025, the City Council held a duly noticed public hearing on the Project and the Final EIR, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution. (viii) The documents and other material that constitute the record of the proceedings concerning the Project upon which this Ordinance is based are kept by the City of Brea Community Development Department, located at 1 Civic Center Circle, Brea, California 92821.

Ordinance No. 1258

Page 3 ends

Applicant: Lennar Homes of California, Inc.

DA No. 2024-01
3086402.2
(ix) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE:

SECTION 1. All facts set forth above in Part A, Recitals, are true and correct.

SECTION 3. The City Clerk shall certify to the adoption of this Ordinance.

ADOPTED AND APPROVED this 1
st day of April 2025.

Blair Stewart, Mayor
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 held on the 1
st day of April 2025 and was finally passed at a regular meeting of the City Council of the City of Brea, held on the 15
th day of April 2025, by the following votes:

AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:

ABSENT: COUNCIL MEMBER:

ABSTAIN: COUNCIL MEMBER:

ATTEST: ___________________________
Lillian Harris-Neal, City Clerk
105956\18035781v10

EXHIBIT A

RECORDING REQUESTED BY,

AND WHEN RECORDED MAIL
TO:

CITY OF BREA
1 CIVIC CENTER CIRCLE
BREA, CALIFORNIA 92821
ATTN: CITY CLERK
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEE PER GOVERNMENT CODE SECTION 6103

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF BREA
AND

LENNAR HOMES OF CALIFORNIA, LLC

REGARDING

THE GREENBRIAR

RESIDENTIAL DEVELOPMENT PROJECT
ORDINANCE NO. 1258
April 15, 2025
105956\18035781v10
1 DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Development Agreement” or “Agreement”) is made and entered into as of _______, 2025 (“Agreement Date”) by and between the CITY OF BREA, a municipal corporation organized and existing under the laws of the State of California (“City”), and Lennar Homes of California, LLC, a California limited liability company (“Developer”). City and Developer are referred to individually as “Party,” and collectively as the “Parties.”

RECITALS
This Agreement is entered upon the basis of the following facts, understandings and intentions of City and Developer.

A. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning that would make maximum efficient utilization of resources at the least economic cost to the public.

B. In order to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic costs and risk of development, the Legislature of the State of California enacted Section 65864 et seq. of the Government Code (the “Development Agreement Legislation”), which authorizes City and a developer having a legal or equitable interest in real property to enter into a binding development agreement, establishing certain development rights in the property.

C. Developer has a legal interest in certain real property consisting of approximately

9.7 acres located at 1698–1700 Greenbriar Land, Brea, as more particularly described in Exhibit A attached hereto, and as diagrammed in Exhibit B attached hereto (the “Property”).

D. Developer intends to develop the Property as a residential community of 179 dwelling units and associated accessory uses as defined more fully in the Project Approvals.

E. The complexity, magnitude and long-range nature of the Project would be difficult for Developer to undertake if City had not determined, through this Development Agreement, to inject a sufficient degree of certainty in the land use regulatory process to justify the substantial financial investment associated with development of the Project. As a result of the execution of this Development Agreement, both Parties can be assured that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project.

F. In addition to other public benefits provided by the Project, the Project will result in development of off-site affordable housing units that exceed the City’s minimum affordable housing requirements (as further described in Exhibit C). The off-site housing will be developed on a property located at the southeast corner of Mercury Lane and Berry Street (the “Off-Site Property”).
105956\18035781v10
2 G. Developer has applied for, and City has granted, the Project Approvals (as defined in Section 1.7) in order to protect the interests of its citizens in the quality of their community and environment. As part of the Project Approvals, City has undertaken, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq., hereinafter “CEQA”), the required analysis of the environmental effects that would be caused by the Project and has determined those feasible mitigation measures which will eliminate, or reduce to an acceptable level, the adverse environmental impacts of the Project. The environmental effects of the proposed development of the Property were originally analyzed by the Greenbriar Residential Development Project EIR (as defined in Section 1.7.1) certified by City on [______] in connection with the Project. City has also adopted a mitigation monitoring and reporting program (the “MMRP”) to ensure that those mitigation measures incorporated as part of, or imposed on, the Project are enforced and completed. Those mitigation measures for which Developer is responsible are incorporated into, and required by, the Project Approvals. City has also adopted findings of fact and statements of overriding considerations for those adverse environmental impacts of the Project that may not or cannot be mitigated to an acceptable level.

H. In addition to the Project Approvals, the Project may require various additional land use and construction approvals, termed Subsequent Approvals (as defined in Section 1.7.6), in connection with development of the Project.

I. On March 11, 2025, the City of Brea Planning Commission (“Planning Commission”), the initial hearing body for purposes of development agreement review, adopted its recommendation to the City Council regarding approval of this Development Agreement pursuant to Resolution No. 2025-04. On [date], the City of Brea City Council (“City Council”) adopted its Ordinance No. [____] approving this Development Agreement and authorizing its execution.

J. For the reasons recited herein, City and Developer have determined that the Project is a development for which this Development Agreement is appropriate to eliminate uncertainty regarding Project Approvals (including the Subsequent Approvals), thereby encouraging planning for, investment in and commitment to use and development of the Property; to use and develop the Property for substantial housing, employment, and property tax benefits as well as other public benefits to City; and to contribute to the provision of needed infrastructure for area growth, thereby achieving the goals and purposes for which the Development Agreement Legislation was enacted.

NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, City and Developer agree as follows:

ARTICLE 1.

GENERAL PROVISIONS

1.1 Parties.

1.1.1 City. City is the City of Brea, a California municipal corporation.

1.1.2 Developer. Developer is a California limited liability company, with offices located at 2000 Fivepoint, Suite 365, Irvine, California 92618. “Developer,” as used in this 105956\18035781v10
3 Development Agreement, shall include any permitted assignee or successor-in-interest as herein provided.

1.2 Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that City and Developer are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever.

1.3 Property Subject to this Development Agreement. All of the Property, as described in Exhibit A and shown in Exhibit B, shall be subject to this Development Agreement.

1.4 Interest of Developer. Developer warrants and represents that, as of the Effective Date, it has or will have legal title to or an equitable interest in the Site; that it has full legal right to enter into this Agreement; and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so.

1.5 Binding Effect of Agreement.

1.5.1 Developer hereby subjects the Property to the covenants, reservations, and restrictions as set forth in this Agreement. City and Developer hereby declare their mutual and specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon each of Developer’s successors and assigns in title or interest to the Property. Each and every contract, deed, or other instrument hereinafter executed, covering, or conveying the Property or any portion thereof shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement, regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed, or other instrument.

1.5.2 The parties hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and increasing the enjoyment and use of the Site by Developer and the future occupants of the Site, the intended beneficiaries of such covenants, reservations, and restrictions, and by furthering the public purposes for which this Agreement is adopted.

1.6 Term.

1.6.1 Effective Date. This Development Agreement shall become effective upon the effectiveness of the ordinance approving this Agreement (the “Effective Date”).

1.6.2 Term of the Agreement. The term (“Term”) of this Development Agreement shall commence upon the Effective Date and shall continue in full force and effect for a period of ten (10) years, unless extended or earlier terminated as provided in this Agreement.

The Term has been established by the Parties as a reasonable estimate of the time required to develop the Project and obtain the Public Benefits of the Project. This Agreement shall terminate with respect to any for-sale residential lot and such lot shall be released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot. 105956\18035781v10
4 1.7 Project Approvals. Developer has applied for and obtained various environmental and land use approvals and entitlements related to the development of the Project, as described below. For purposes of this Development Agreement, the term “Project Approvals” shall mean all of the approvals, plans and agreements described in this Section 1.7.

1.7.1 EIR. On [date], following Planning Commission review and recommendation, and after a duly noticed public hearing, the City Council, by Resolution No. 2025-22, certified that the Greenbriar Residential Development Project Environmental Impact Report (State Clearinghouse No. 2024071235) pursuant to CEQA and adopted findings in support thereof (the “EIR”).

1.7.2 General Plan Amendments. On [date], following Planning Commission review and recommendation, and after a duly noticed public hearing, the City Council, by Resolution No. 2025-23, amended the City General Plan (the “General Plan Amendments”) to change the land use designation for the Project from General Commercial to Mixed-Use II.

1.7.3 Zone Change. On [date], following Planning Commission review and recommendation, and after a duly noticed public hearing, the City Council, by Ordinance No. 1257, approved a change in zoning for the Project site from General Commercial (C-G Zone) with Precise Development (PD) Overlay to Mixed Use (MU-II Zone).

1.7.4 Development Agreement. On [date], following Planning Commission review and recommendation, and after a duly noticed public hearing, the City Council, by Ordinance No. 1258, approved this Development Agreement and authorized its execution.

1.7.5 Additional Entitlements. On [date], following Planning Commission review and recommendation, and after a duly notice public hearing, the City Council, by Resolution No. 2025-24, approved Vesting Tentative Tract Map No. 2024-01 (TTM No. 19394) and Precise Development Review No. 2024-02 pursuant to Section 20.258.010.D of the Brea City Code.

1.7.6 Subsequent Approvals. In order to develop the Project as contemplated in this Development Agreement, the Project may require land use approvals, entitlements, development permits, and use and/or construction approvals in addition to those listed in Sections

1.7.1 through 1.7.5 above, which may include, without limitation: development plans, amendments to applicable conditional use permits, minor conditional use permits, administrative remedy, variances, subdivision approvals, street abandonments, design review approvals, demolition permits, improvement agreements, infrastructure agreements, grading permits, building permits, right of way permits, lot line adjustments, site plans, sewer and water connection permits, certificates of occupancy, parcel maps, lot splits, landscaping plans, master sign programs, transportation demand management programs, encroachment permits, and amendments thereto and to the Project Approvals (collectively, “Subsequent Approvals”). At such time as any Subsequent Approval applicable to the Property is approved by the City, then such Subsequent Approval shall become subject to all the terms and conditions of this Development Agreement applicable to Project Approvals and shall be treated as a “Project Approval” under this Development Agreement.
105956\18035781v10
5 ARTICLE 2.

PUBLIC BENEFITS

2.1 Public Benefits. In consideration of, and in reliance on, City agreeing to the provisions of this Development Agreement, City has determined that the Project will, among other public benefits, reduce uncertainties in planning and provide for the orderly development of the Project site; provide new for-sale housing opportunities to attract new residents to the City; provide for affordable housing; and generate new property revenues for the City.

2.2 Affordable Housing.

2.2.1 Number of Affordable Units. The Project shall provide no less than the amount of Affordable Housing identified in Exhibit C, attached hereto. These units shall fulfill the City’s Affordable Housing requirement for the Project set forth at Chapter 20.40 of the City Code or any successor ordinance or regulation.

2.2.2 Affordability Restrictions. Developer agrees that it shall cause the affordable units to be income restricted per Health and Safety Code and rented at affordable rents as defined and published by the California Tax Credit Allocation Committee ("CTCAC") of any successor thereto for a minimum of fifty-five (55) years following first occupancy based on AMI for Orange County as determined and published annually by CTCAC for a family of a size appropriate to the unit.

2.2.3 Local Preference. To the maximum extent permitted by applicable law, include all applicable fair housing laws and regulations, Developer shall establish and maintain an interest list based on Brea residency and Brea employment substantially consistent with City's then-current Affordable Housing Guidelines for Brea City Code Chapter 20.40. Developer shall provide at least thirty (30) days’ advance notice to households on such interest list prior to any general marketing of such affordable units, all in accordance with the Affordable Housing Agreement. Developer shall cooperate with the City to regularly provide the City with an updated interest list when units become available. The Parties acknowledge and agree that the City shall have no responsibility for maintaining such interest list.

2.2.4 Affordable Housing Agreement. Prior to the issuance of the first building permit for the multi-family development, Developer shall enter into an Affordable Housing Agreement with the City, in a form subject to the approval of the City Attorney for the purpose of guaranteeing the affordability in compliance with this Section, which agreement must result in recorded covenants upon the property to assure affordable rents as required in this Section.

ARTICLE 3.

DEVELOPMENT OF THE PROPERTY

3.1 Development of the Property. The type, density, intensity, configuration of uses allowed, the size and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, including, but not limited to landscaping, irrigation, sidewalk, and drive approaches, together with other terms and conditions of Development applicable to the Project, shall be as set forth in the Project Approvals and this Agreement.
105956\18035781v10
6 3.2 No Affirmative Obligation To Develop. Nothing in this Development Agreement is intended to create any affirmative development obligations to develop the Project at all or in any particular order or manner, or liability in Developer under this Development Agreement if the development fails to occur.

3.3 Timing of Development; Pardee Finding. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Project Approvals, Developer shall have the right (without obligation) to develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment, provided, however, that nothing in the forgoing shall relieve Developer from complying with any requirements related to delivery of affordable housing set forth in Exhibit C.

3.4 Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City’s compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations.

3.5 Vested Rights. Developer shall have the vested right, as that term is defined under California law applicable to the development of land or property, to develop the Property in accordance with the terms and conditions of the Project Approvals and this Agreement, and City shall have the right to control Development of the Site in accordance with the provisions of the Project Approvals and this Agreement. Except as expressly provided in this Agreement, only those City ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to Project in effect as of the Effective Date (collectively “Applicable Rules”) shall apply to the construction and development of the Project and the Property.

3.6 Applicable Rules, Exclusions. Unless otherwise expressly provided in this Agreement, “Applicable Rules” excludes any City ordinance, resolution, code, rule, regulation or official policy related to: (i) the conduct of businesses, professions, and occupations; (ii) taxes and assessments; (iii) the amount of any generally applicable Development Impact Fees or Processing Fees charged by the City on a citywide basis; (iv) the control and abatement of nuisances; (v) reasonable requirements to ensure public safety and are made applicable throughout the City; or (vi) the granting of encroachment permits and the conveyance of similar rights and interests that 105956\18035781v10
7 provide for the use of or the entry upon public property or the exercise of the power of eminent domain.

3.7 Changes in Applicable Rules. Changes to the Applicable Rules adopted or enacted by City after the Effective Date (“Future Rules”) shall not apply to the Project to the extent any such changes conflict with Developer’s vested rights under this Agreement. For these purposes, Future Rules would conflict with Developer’s vested rights under this Agreement if they:
(i) materially impede, delay, or increase the cost of developing the Project in conformance with the Project Approvals; or (ii) directly impose new limits or controls on the type, rate, timing, phasing or sequencing of development as allowed under the Project Approvals. Future Rules that conflict with Developer vested rights under this Agreement may nevertheless apply to the Property if consented to in writing by Developer.

3.8 Effect of Changes to State or Federal Laws.

3.8.1 Developer’s vested rights under this Agreement shall not preclude the application to the Project and the Property any changes in City ordinances, regulations, plans, or specifications that are: (i) specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code Section 65869.5 or any successor provision or provisions; (ii) required to ensure access under the Americans with Disabilities Act; or (iii) any and all new health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City pursuant to state and federal law.

3.8.2 In the event any changes in state or federal laws prevent or preclude compliance with one or more of the provisions of this Agreement, City and Developer shall upon request of either Party meet in good faith to determine the feasibility of any modification or suspension of this Agreement that may be necessary to comply with such state or federal law and to determine the effect such modification or suspension would have on the purposes and intent of this Agreement. Following the meeting between the Parties, the provisions of this Development Agreement may, to the extent feasible, and upon mutual agreement of the Parties, be modified or suspended, but only to the minimum extent necessary to comply with such State or Federal Law.

3.8.3 In the event any changes in state or federal laws operates to frustrate irremediably and materially the Developer’s vested rights under this Agreement, Developer shall have the right to terminate this Agreement or to challenge such state or federal law (by any method, including litigation); provided that Developer shall hold City harmless and City shall have no obligation under this Agreement to support Developer’s challenge. In the event Developer’s challenge is successful, this Development Agreement shall remain unmodified and in full force and effect, unless the Parties mutually agree otherwise, except that if the Term of this Development Agreement would otherwise terminate during the period of any such challenge and Developer has not commenced with the development of the Project in accordance with this Development Agreement as a result of such challenge, the Term shall be extended for the period of any such challenge.

3.8.4 If any Future Rule or state or federal law expands, extends, enlarges or broadens Developer’s rights to develop the Project, then, (a) if such law is mandatory, the provisions of this Development Agreement shall be modified as may be necessary to comply or 105956\18035781v10
8 conform with such new law, and (b) if such law is permissive, City will meet and confer with Developer regarding the provisions of this Development Agreement may be modified under the new law. Immediately after enactment of any such new law, upon Developer’s request, the Parties shall meet and confer in good faith for a period not exceeding sixty (60) days (unless such period is extended by mutual written consent of the Parties) to prepare such modification. Developer shall have the right to challenge City’s refusal to apply any new law mandating expansion of Developer’s rights under this Development Agreement, and in the event such challenge is successful, this Development Agreement shall be modified to comply with, or conform to, the new law.

3.9 Conflicts. In the event of an irreconcilable conflict between the provisions of the Project Approvals (on the one hand) and the Applicable Rules (on the other hand), the provisions of the Project Approvals shall apply. In the event of a conflict between the Project Approvals (on the one hand) and this Development Agreement, in particular, (on the other hand), the provisions of this Development Agreement shall control.

3.10 Processing Subsequent Approvals.

3.10.1 Processing of Subsequent Approvals. City will accept, make completeness determinations, and process, promptly and diligently, to completion all applications for Subsequent Approvals for the Project, in accordance with the terms of this Development Agreement. City shall not use its authority in considering any application for a discretionary Subsequent Approval to unreasonably prevent or delay development of the Project as set forth in the Project Approvals.

3.10.2 Subsequent CEQA Review. In the event that any additional CEQA documentation is legally required for any discretionary Subsequent Approval for the Project, then the scope of such documentation shall be focused, to the extent consistent with CEQA, on the specific subject matter of the Subsequent Approval.

3.10.3 Additional Staffing. If, at the such time as Developer submits an application for a Subsequent Approval, City informs Developer that current City staff levels do not permit the prompt review Developer’s applications, City may, at the request and sole expense of Developer, hire plan check, inspection and other personnel, or hire additional consultants for such actions, or allocate use of exclusively dedicated staff time,such that the Developer’s timeline can be achieved.

City and Developer shall consult in good faith regarding the terms of a deposit agreement to cover the cost of any additional staffing.

3.10.4 Conditions of Subsequent Approvals. Nothing in this Agreement shall limit City’s authority to impose reasonable conditions on the Subsequent Approvals, including without limitation, normal and customary dedications for rights of way or easements for public access, utilities, water, sewers, and drainage necessary for the Project; provided, however, such conditions and dedications shall not be inconsistent with the Applicable Rules or Project Approvals.

3.11 Developer’s Right to Rebuild. If during the Term of this Agreement, it becomes necessary due to natural disaster, changes in seismic requirements renovate or rebuild the Project or should the buildings located within the Project become functionally outdated, within 105956\18035781v10
9 Developer’s sole discretion, due to changes in technology, then Developer shall have the vested right to renovate or rebuild the Project consistent with the Project Approvals and this Agreement.

3.12 Life of Project Approvals and Subdivision Maps.

3.12.1 Life of Subdivision Maps. The terms of any subdivision or parcel map for the Property, any amendment or reconfiguration thereto, or any subsequent tentative map, shall be automatically extended such that such tentative maps remain in effect for a period of time coterminous with the term of this Development Agreement. If, however, the terms of any subdivision or parcel map for the Property, any amendment or reconfiguration thereto, or any subsequent tentative map is extended beyond the Term of this Agreement, the Term of this Agreement shall not be automatically extended unless amended as provided in this Agreement.

3.12.2 Life of Other Project Approvals. The term of all other Project Approvals shall be automatically extended such that these Project Approvals remain in effect for a period of time at least as long as the term of this Development Agreement.

3.12.3 Termination of Agreement. In the event that this Agreement is terminated prior to the expiration of the Term of the Agreement, the term of any subdivision or parcel map or any other Project Approval and the vesting period for any final subdivision map approved as a Project Approval shall be the term otherwise applicable to the approval, inclusive of any approved extensions.

3.13 Infrastructure.

3.13.1 Infrastructure Phasing Flexibility. Notwithstanding the provisions of any phasing requirements in the Project Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed.

Therefore, City and Developer hereby agree that should it become necessary or desirable to develop any portion of the Project’s infrastructure in an order that differs from the order set forth in the Project Approvals, Developer and City shall collaborate and City shall permit any reasonable modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed.

3.13.2 Infrastructure Capacity. Subject to Developer’s installation of infrastructure in accordance with the requirements of the Project Approvals, City hereby acknowledges that it will have, and shall reserve, sufficient capacity in its infrastructure, services and utility systems, including, without limitation, traffic circulation, storm drainage, flood control, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City’s control, water supply, treatment, distribution and service, as and when necessary to serve the Project as it is developed. To the extent that City renders such services or provides such utilities, City hereby agrees that it will serve the Project and that there shall be no unreasonable restriction on hookups or service for the Project except for reasons beyond City’s control.

3.13.3 Traffic Improvements. In accordance with the Traffic Impact Analysis prepared for the Project, the Developer shall pay its fair-share contribution toward the following 105956\18035781v10
10 roadway improvements prior to the issuance of the first Certificate of Occupancy for the Project, to the satisfaction of Community Development Director and/or Public Works Director.

Location Improvement(s)
Associated Road &
Shopping Center Drive No. 1
• Installation of a traffic signal

3.13.4 Glenbrook Traffic Contribution. The Developer shall provide one-time funding in amount of $25,000 (the “Glenbrook Traffic Contribution”) for the purposes of the City conducting a comprehensive study of the Glenbrook neighborhood west of Associated Road to analyze various traffic conditions post-construction of the Project, including, but not limited to, cut-through traffic, traffic signal warrants and traffic calming measures, and to implement any improvement measures identified in such study. The Developer shall provide the Glenbrook Traffic Contribution to the City prior to issuance of first Certificate of Occupancy for the Project.

If the Glenbrook Traffic Contribution is not fully expended within five years from the last Certificate of Occupancy for the Project, the City shall return all unexpended funds to the Developer. Developer’s funding obligations under this Section 3.13.4 shall be limited to the Glenbrook Traffic Contribution, and, to the extent that such study identifies potential improvement measures that exceed the amount of the Study Contribution, Developer shall have no obligation to provide any additional funding.

3.14 Written Verification of Sufficient Water Supply. Any and all tentative subdivision maps approved for the Project shall comply with Government Code Section 66473.7, if, and to the extent, required by Government Code Section 65867.5(c).

ARTICLE 4.

ADDITIONAL RIGHTS AND OBLIGATIONS OF THE PARTIES;

ALLOCATIONS OF RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 Conveyance of Public Infrastructure.

4.1.1 Acceptance; Maintenance. Upon completion of public infrastructure to be completed by Developer, if any, Developer shall offer for dedication to City from time to time as such public infrastructure is completed, and City shall promptly accept from Developer the completed public infrastructure (and release to Developer any bonds or other security posted in connection with performance thereof in accordance with the terms of such bonds), and thereafter City shall maintain the public infrastructure. Developer may offer dedication of public infrastructure in phases and the City shall not refuse to accept such phased dedications or refuse phased releases of bonds or other security so long as all other conditions for acceptance have been satisfied.

4.2 Assessment Financing. In the event that Developer, in its sole discretion, elects to form any assessment districts (including without limitation Mello Roos Districts and Landscaping and Lighting Districts), community facilities districts, Geologic Hazard Abatement Districts, and tax exempt financing mechanisms (a “Financing Mechanism”), the City agrees to consider such 105956\18035781v10
11 application in good faith. Ultimate legislative discretion of the approval or disapproval of an application for such a district remains with the City Council.

4.3 Eminent Domain Powers. City agrees to cooperate with Developer in implementing all of the conditions of all Project Approvals, including but not limited to consideration of the use of its eminent domain powers; provided however that the use of eminent domain shall be in the sole and absolute discretion of City and subject to all applicable legal requirements.

4.4 Public Improvements. Developer and City shall each use its best efforts to ensure that all public infrastructure in connection with the Project is (i) designed and constructed in accordance with all applicable City standards, (ii) can be reviewed and accepted by City in the most expeditious fashion possible, and (iii) maintained by City after acceptance, including, without limitation, maintenance of the public parks. Developer (or its affiliates or contractor(s)) shall be responsible for obtaining all permits and approvals necessary for development of the public infrastructure.

4.5 Reimbursement. Nothing in this Agreement precludes City and Developer from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities and/or infrastructure that City may require as conditions of the Project Approvals to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project.

4.6 Model Homes. Prior to recordation of any final map, City agrees to issue building permits and occupancy certificates for the construction of model homes (and related model home complex structures) that will be used by Developer for the purpose of promoting sales of single family residential units within the Project; provided, however, in no event shall City be required to issue more than fifteen (15) building permits for the construction of model homes, and in no event shall Developer be permitted to sell or transfer any model home until a final map has been recorded on that portion of the Project where the model home is located.

ARTICLE 5.

ANNUAL REVIEW

5.1 Annual Review. The annual review required by California Government Code Section 65865.1 shall be conducted for the purposes and in the manner stated in those laws as further provided herein. As part of that review, City and Developer shall have a reasonable opportunity to assert action(s) that either Party believes have not been undertaken in accordance with this Development Agreement, to explain the basis for such assertion, and to receive from the other Party a justification for the other Party’s position with respect to such action(s), and to take such actions as permitted by law. The procedure set forth in this Article shall be used by Developer and City in complying with the annual review requirement. The City and Developer agree that the annual review process shall review compliance by Developer and City with the obligations under this Development Agreement but shall not review compliance with other Project Approvals, provided nothing in this Agreement shall limit City’s authority to otherwise review compliance with the Project Approvals.
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12 5.2 Commencement of Process. City’s Community Development Director, or their designee, shall commence the annual review process by notifying Developer in writing at least forty-five (45) days prior to the anniversary of the Effective Date each year that the annual review process shall commence as specified in this Section. Failure of Community Development Director to send such notification at least forty-five (45) days prior to the anniversary of the Effective Date shall be deemed to extend the time period in which annual review isrequired until at least forty-five (45) days after such notice is provided. City’s failure to perform an annual review pursuant to the terms of the Article 5 shall not constitute or be asserted as a default by Developer.

5.3 Developer Compliance Letter. Not less than thirty (30) days after receipt of the Community Development Director’s notice pursuant to Section 5.2, Developer shall submit a letter to the Community Development Director demonstrating Developer’s good faith compliance with the material terms and conditions of this Development Agreement and shall include in the letter a statement that the letter is being submitted to City pursuant to the requirements of Government Code Section 65865.1.

5.4 City Review.

5.4.1 Within thirty (30) days after the receipt of Developer’s letter, the Community Development Director shall review Developer’s submission and determine whether Developer has, for the year under review, demonstrated good faith compliance with the material terms and conditions of this Development Agreement.

5.4.2 Upon completion of an annual review, the Community Development Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by Owner with the terms of this Agreement and his recommended finding on that issue. If the Council finds on the basis of substantial evidence that Owner has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. If the Council makes a preliminary finding that Owner has not complied in good faith with the terms and conditions of this Agreement, City shall grant Developer a reasonable period of time to cure the alleged noncompliance, which period may be extended by the Community Development Director if, in their reasonable discretion, finds that Developer is working in good faith to cure their noncompliance and additional time is reasonably necessary.

5.4.3 Upon the end of the cure period, the Community Development Director shall submit a report to the City Council regarding Developer’s efforts to cure their noncompliance.

If the Council, at public meeting, determines that Developer is in compliance with the material terms and conditions of this Development Agreement, the annual review shall be deemed concluded and City shall, at Developer’s request, issue and have recorded a Certificate of Compliance indicating Developer’s compliance with the terms of this Development Agreement. If the City Council instead finds and determines, on the basis of substantial evidence, that Developer has not complied in good faith with the material terms or conditions of this Development Agreement and that Developer is in material breach of this Development Agreement, City may deem Developer in default, provide Developer additional time to cure their non-compliance, or seek any other remedy available to City. The procedures set forth in this Section shall supplement and shall not replace any remedies otherwise available to a defaulting Party under this Agreement or available at law or equity.
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13 ARTICLE 6.

AMENDMENTS

6.1 Amendments to Development Agreement. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in Government Code Section 65868, et seq., or successor provisions thereto.

6.2 Operating Memoranda. The provisions of this Development Agreement require a close degree of cooperation between City and Developer and development of the Property hereunder may demonstrate that refinements and clarifications are appropriate with respect to the details of performance of City and Developer. If and when, from time to time, during the term of this Development Agreement, City and Developer agree that such clarifications are necessary or appropriate, City and Developer shall effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, shall be attached hereto as addenda and become a part hereof, and may be further clarified from time to time as necessary with future approval by City and Developer. No such operating memoranda shall constitute an amendment to this Development Agreement requiring public notice or hearing. The City Manager, in consultation with the City Attorney, shall make the determination on behalf of City whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment to the Agreement. The City Manager shall be authorized to execute any operating memoranda hereunder on behalf of City.

6.3 Amendments to Project Approvals. Project Approvals may be amended or modified from time to time in the manner otherwise provided for in state or local law. All amendments to the Project Approvals shall automatically be treated in the same manner as Project Approvals without further action only if none of the conditions described in CEQA Regulation 15162 have occurred.

ARTICLE 7.

DEFAULT, REMEDIES AND TERMINATION

7.1 Events of Default. Subject to any extensions of time by mutual consent of the Parties in writing, and subject to the provisions of Section 11.2 hereof regarding permitted delays and a Mortgagee’s right to cure pursuant to Section 10.3 hereof, any failure by either Party to perform any material term or provision of this Development Agreement (not including any failure by Developer to perform any term or provision of any other Project Approvals) shall constitute an “Event of Default,” in the following circumstances:

7.1.1 The defaulting Party does not cure such failure within sixty (60) days (such sixty (60) day period is not in addition to any cure period under Section 5.4.2, if Section 5.4.2 is applicable) following written notice of default from the other Party, where such failure is of a nature that can be cured within such sixty (60) day period; or

7.1.2 Such failure is not of a nature which can be cured within such sixty (60) day period, the defaulting Party does not within such sixty (60) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure. 105956\18035781v10
14 7.2 Notice of Default. Any notice of default given hereunder shall specify in detail the nature of the failures in performance that the noticing Party claims constitutes the Event of Default, all facts constituting substantial evidence of such failure, and the manner in which such failure may be satisfactorily cured in accordance with the terms and conditions of this Development Agreement. During the time periods herein specified for cure of a failure of performance, the Party charged therewith shall not be considered to be in default for purposes of (a) termination of this Development Agreement, (b) institution of legal proceedings with respect thereto, or (c) issuance of any approval with respect to the Project. The waiver by either Party of any default under this Development Agreement shall not operate as a waiver of any subsequent breach of the same or any other provision of this Development Agreement.

7.3 Meet and Confer. During the time periods specified in this Section to cure a failure of performance, the Parties shall meet and confer in a timely and responsive manner, to attempt to resolve any matters prior to litigation or other action being taken, including without limitation any action in law or equity; provided, however, nothing herein shall be construed to extend the time period for this meet and confer obligation beyond the sixty (60)-day cure period referred to in Section 7.1 (even if the sixty (60)-day cure period itself is extended pursuant to Section 7.1(ii)) unless the Parties agree otherwise in writing.

7.4 Remedies and Termination. If, after notice and expiration of the cure periods and procedures set forth in Sections 7.1 and 7.2, the alleged Event of Default is not cured, the non-defaulting Party, at its option, may institute legal proceedings pursuant to Section 7.4 of this Development Agreement and/or terminate this Development Agreement pursuant to Section 7.7 herein. In the event that this Development Agreement is terminated pursuant to Section 7.7 herein and litigation is instituted that results in a final decision that such termination was improper, then this Development Agreement shall immediately be reinstated as though it had never been terminated.

7.5 Legal Action by Parties.

7.5.1 Remedies. Either Party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, enforce by specific performance the obligations and rights of the Parties hereto or to obtain any remedies consistent with the purpose of this Development Agreement. All remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy.

7.5.2 No Damages. In no event shall either Party, or its boards, commissions, officers, agents, or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce payments of monies or the performance of obligations requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations to pay 105956\18035781v10
15 attorneys’ fees and obligations to advance monies or reimburse monies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

7.6 Termination.

7.6.1 Expiration of Term. Except as otherwise provided in this Development Agreement, this Development Agreement shall be deemed terminated and of no further effect upon the expiration of the Term of this Development Agreement as set forth in Section 1.6.

7.6.2 Survival of Obligations. Upon the termination or expiration of this Development Agreement as provided herein, neither Party shall have any further right or obligation with respect to the Property under this Development Agreement except with respect to any obligation that is specifically set forth as surviving the termination or expiration of this Development Agreement. The termination or expiration of this Development Agreement shall not affect the validity of the Project Approvals (other than this Development Agreement) for the Project.

ARTICLE 8.

COOPERATION AND IMPLEMENTATION

8.1 Further Actions and Instruments. Each Party to this Development Agreement shall cooperate with and provide reasonable assistance to the other Party and take all actions necessary to ensure that the Parties receive the benefits of this Development Agreement, subject to satisfaction of the conditions of this Development Agreement. Upon the request of any Party, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement.

8.2 Regulation by Other Public Agencies. Other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City, and this Development Agreement does not limit the authority of such other public agencies. Nevertheless, City shall be bound by, and shall abide by, its covenants and obligations under this Development Agreement in all respects when dealing with any such agency regarding the Property. To the extent that City, the City Council, the Planning Commission or any other board, agency, committee, department or commission of City constitutes and sits as any other board, agency, commission, committee, or department, it shall not take any action that conflicts with City’s obligations under this Agreement. In the event any state or federal resources agency (e.g., California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, U.S. Army 105956\18035781v10
16 Corps of Engineers, Regional Water Quality Control Board/State Water Resources Control Board, ), in connection with its final issuance of a permit or certification for all or a portion of the Project, imposes requirements that require modifications to the Project, then the Parties will work together in good faith to incorporate such changes into the Project; provided, however, that if Developer appeals or challenges any such permit requirements, then the Parties may defer such changes until the completion of such appeal or challenge.

8.3 Other Governmental Permits and Approvals; Grants. Developer shall apply in a timely manner in accordance with Developer’s construction schedule for the permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project as may be required for the development of, or provision of services to, the Project. Developer shall comply with all such permits, requirements and approvals. City shall cooperate with Developer in its endeavors to obtain (a) such permits and approvals and shall, from time to time, at the request of Developer, attempt with due diligence and in good faith to enter into binding agreements with any such entity to ensure the availability of such permits and approvals, or services, at each stage of the development of the Project; and (b) any grants for the Project for which Developer applies.

8.4 Indemnification and Legal Challenge.

8.4.1 To the maximum extent permitted by law, Developer must defend, indemnify, and hold the City and its elected officials, officers, contractors serving as City officials, agents, and employees ("Indemnitees") harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Development and/or construction of the Project, and which may arise from the direct or indirect operations of Developer or those of Developer's contractors, agents, tenants, employees, or any other persons acting on Developer's behalf, which relate to the Development and/or construction of the Project. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the Project, including any associated public or private improvements.

8.4.2 Without limiting the generality of paragraph 8.4.1, Developer shall also defend, indemnify, and hold the Indemnitees harmless from and against any and all claims, liabilities, losses, damages, costs, and expenses arising from or related to any claims that Developer or Developer's contractors are required to pay prevailing wages pursuant to Labor Code Section 1720 et seq., in connection with the Development of the Project.

8.4.3 Without limiting the generality of paragraph 8.4.1, in the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Zoning Code, or any other supporting document relating to the Project, Developer shall also indemnify, defend, and hold harmless the Indemnitees with respect to all liability, costs, and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action.
105956\18035781v10
17 8.4.4 With respect to any legal action or claim falling within Developer's defense, indemnity, and hold harmless obligations, the City shall have the right to select counsel of its choice and the parties shall cooperate in the defense. Developer shall provide, and maintain for the duration of such action or claim, a cash deposit to City in an amount or amounts determined by the City Attorney to be reasonably necessary to cover the City's legal fees, costs, and expenses.

Developer shall not be entitled to a refund of funds expended from the deposit regardless of the outcome of the action or claim. The City shall refund to Developer any unexpended funds from the deposit within thirty (30) days of any final disposition or full and complete settlement of the action or claim.

8.4.5 In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court.

Absent issuance of an injunction, Developer may elect to continue Development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof. City shall take all actions it deems reasonably necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law, maintain the integrity of the Project Approvals, and avoid or minimize to the greatest extent possible any material limitation to, or frustration of, Developer’s vested rights under this Agreement.

8.4.6 This Section 8.4 shall survive this the expiration or earlier termination of this Agreement.

ARTICLE 9.

TRANSFERS AND ASSIGNMENTS

9.1 Right to Assign. Developer shall have the right to sell, assign or transfer (“Transfer”) in whole or in part its rights, duties and obligations under this Development Agreement, to any person or entity at any time during the Term of this Development Agreement without the consent of City; provided, however, in no event shall the rights, duties and obligations conferred upon Developer pursuant to this Development Agreement be at any time so Transferred except through a transfer of the Property. In the event of a transfer of a portion of the Property, Developer shall have the right to Transfer its rights, duties and obligations under this Development Agreement that are applicable to the transferred portion, and to retain all rights, duties and obligations applicable to the retained portions of the Property. Upon Developer’s request, City shall cooperate with Developer and any proposed transferee to identify completed obligations and allocate rights, duties and obligations under this Development Agreement and the Project Approvals among the transferred Property and the retained Property.

9.2 Release upon Transfer. Upon the Transfer of Developer’s rights and interests under this Development Agreement pursuant to Section 9.1, Developer shall automatically be released from its obligations and liabilities under this Development Agreement with respect to that portion of the Property transferred, and any subsequent default or breach with respect to the Transferred rights and/or obligations shall not constitute a default or breach with respect to the retained rights 105956\18035781v10
18 and/or obligations under this Development Agreement, provided that (i) Developer has provided to City written notice ofsuch Transfer, and (ii) the transferee executes and delivers to City a written agreement in which (a) the name and address of the transferee is set forth and (b) the transferee expressly and unconditionally assumes all of the obligations of Developer under this Development Agreement with respect to that portion of the Property transferred. Upon any transfer of any portion of the Property and the express assumption of Developer’s obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Developer’s rights hereunder with respect to any portion of the Property not owned by such transferee. The transferor and the transferee shall each be solely responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferor/transferee, and any amendment to this Agreement between City and a transferor or a transferee shall only affect the portion of the Property owned by such transferor or transferee. Failure to deliver a written assumption agreement hereunder shall not affect the running of any covenants herein with the land, as provided in Section 9.3 below, nor shall such failure negate, modify or otherwise affect the liability of any transferee pursuant to the provisions of this Development Agreement.

9.3 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Development Agreement shall be binding upon the Parties and their respective successors (by merger, reorganization, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all of the persons or entities acquiring the Property or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the Parties and their respective successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Development Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder (i) is for the benefit of such Property and is a burden upon such Property, (ii) runs with such Property, (iii) is binding upon each Party and each successive owner during its ownership of such Property or any portion thereof, and (iv) each person or entity having any interest therein derived in any manner through any owner of such Property, or any portion thereof, and shall benefit the Property hereunder, and each other person or entity succeeding to an interest in such Property.

ARTICLE 10.

MORTGAGEE PROTECTION; CERTAIN RIGHTS OF CURE

10.1 Mortgagee Protection. This Agreement shall not prevent or limit Developer in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property (“Mortgage”). This Development Agreement shall be superior and senior to any lien placed upon the Property or any portion thereof after the date of recording this Development Agreement, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this 105956\18035781v10
19 Development Agreement shall be binding upon and effective against and inure to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee (“Mortgagee”) who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.

10.2 Mortgagee Not Obligated. Notwithstanding the provisions of Section 10.1 above, no Mortgagee shall have any obligation or duty under this Development Agreement to perform Developer’s obligations or other affirmative covenants of Developer hereunder; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Development Agreement, or by the Project Approvals and Applicable Rules.

10.3 Notice of Default to Mortgagee; Right of Mortgagee to Cure. If City receives a notice from a Mortgagee requesting a copy of any Notice of Default given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed a default, and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right (but not the obligation) during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the Event of Default claimed or the areas of noncompliance set forth in City’s notice.

10.4 No Supersedure. Nothing in this Article 10 shall be deemed to supersede or release a Mortgagee or modify a Mortgagee’s obligations under any subdivision improvement agreement or other obligation incurred with respect to the Project outside this Development Agreement, nor shall any provision of this Article 10 constitute an obligation of City to such Mortgagee, except as to the notice requirements of Section 10.3.

10.5 Technical Amendments to this Article 10. City agrees to reasonably consider and approve interpretations and/or technical amendments to the provisions of this Agreement that are required by lenders for the acquisition and construction of the improvements on the Property or any refinancing thereof and to otherwise cooperate in good faith to facilitate Developer’s negotiations with lenders.

ARTICLE 11.

MISCELLANEOUS PROVISIONS

11.1 Limitation on Liability. Notwithstanding anything to the contrary contained in this Development Agreement, in no eventshall: (a) any partner, officer, director, member, shareholder, employee, affiliate, manager, representative, or agent of Developer or any general partner of Developer or its general partners be personally liable for any breach of this Development Agreement by Developer, or for any amount which may become due to City under the terms of this Development Agreement; or (b) any member, officer, agent or employee of City be personally liable for any breach of this Development Agreement by City or for any amount which may become due to Developer under the terms of this Development Agreement. 105956\18035781v10
20 11.2 Force Majeure. The Term of this Development Agreement and the Project Approvals and the time within which Developer shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably and beyond the reasonable control of the Party seeking the delay by strikes, lock-outs and other labor difficulties, Acts of God, inclement weather, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, changes in local, state or federal laws or regulations, any development moratorium or any action of other public agencies that regulate land use, development or the provision of services prevents, prohibits or delays construction of the Project, enemy action, riots, insurrections, civil disturbances, wars, terrorist acts, fire, unavoidable casualties, pandemic, government mandated shutdowns or government closure (meaning any of the following events: (a) the governmental offices where any action required under this Agreement (collectively, “Government Offices”) are not open for business and any Government Offices’ systems are not operational such that such action cannot occur; (b) any other third party is not open for business such that its services required as necessary for a Party to perform obligations under this Agreement cannot be performed; (c) overnight couriers are not operating such that any documents cannot be delivered to the extent such documents are required to be originals; or (d) financial institutions or wire transfer systems are not operating, such that, as part of consummation of financial transactions contemplated hereby cannot occur), litigation involving this Agreement or the Project Approvals, or any other cause beyond the reasonable control of Developer which substantially interferes with carrying out the development of the Project. Such extension(s) of time shall not constitute an Event of Default and shall occur at the request of any Party. In addition, the Term of this Development Agreement and any subdivision map or any of the other Project Approvals shall not include any period of time during which (i) a development moratorium including, but not limited to, a water or sewer moratorium, is in effect; (ii) the actions of public agencies that regulate land use, development or the provision of services to the Property prevent, prohibit or delay either the construction, funding or development of the Project or (iii) there is any mediation, arbitration; litigation or other administrative or judicial proceeding pending involving the Vested Elements, or Project Approvals. The Term of the Project Approvals shall therefore be extended by the length of any development moratorium or similar action; the amount of time any actions of public agencies prevent, prohibit or delay the construction, funding or development of the Project or prevents, prohibits or delays the construction, funding or development of the Project; or the amount of time to finally resolve any mediation, arbitration, litigation or other administrative or judicial proceeding involving the Vested Elements, or Project Approvals. Furthermore, in the event the issuance of a building permit for any part of the Project is delayed as a result of Developer’s inability to obtain any other required permit or approval, then the Term of this Development Agreement shall be extended by the period of any such delay.

11.3 Notices, Demands and Communications Between the Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if delivered personally (including delivery by private courier) or delivered by nationally recognized overnight courier service to the offices of City and Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and addresses as either Party may from time-to-time designate in writing at least fifteen (15) days prior to the name and/or address change and as provided in this Section 11.3.
105956\18035781v10
21 City: City of Brea
1 Civic Center Circle
Brea, California 92821
Attention: City Manager
with copies to: City of Brea
1 Civic Center Circle
Brea, California 92821
Attention: City Attorney
City of Brea
1 Civic Center Circle
Brea, California 92821
Attention: Community Development Director
Developer Lennar Homes of California, LLC
2000 Fivepoint, Suite 365
Irvine, California 92618
Attention: General Counsel
with copies to: Cox, Castle & Nicholson, LLP
2029 Century Park East, Suite 2100
Los Angeles, CA 90067
Attention: Andrew K. Fogg, Esq.

Notices personally delivered shall be deemed to have been received upon delivery. Notices delivered by certified mail, as provided above, shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addresses designated above as the Party to whom notices are to be sent, or (ii) within five (5) days after a certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. Notices delivered by overnight courier service as provided above shall be deemed to have been received twenty-four (24) hours after the date of deposit. Notices delivered by electronic facsimile transmission shall be deemed received upon receipt of sender of electronic confirmation of delivery, provided that a “hard” copy is delivered as provided above.

11.4 Project as a Private Undertaking; No Joint Venture or Partnership. The Project constitutes private development, neither City nor Developer is acting as the agent of the other in any respect hereunder, and City and Developer are independent entities with respect to the terms and conditions of this Agreement. Nothing contained in this Development Agreement or in any document executed in connection with this Development Agreement shall be construed as making City and Developer joint venturers or partners.

11.5 Non-Intended Prevailing Wage Requirements. Nothing in this Development Agreement shall in any way require, or be construed to require, Developer to pay prevailing wages with respect to any work of construction or improvement within the Project (a “Non-Intended Prevailing Wage Requirement”). But for the understanding of the Parties as reflected in the immediately preceding sentence, the Parties would not have entered into this Development 105956\18035781v10
22 Agreement based upon the terms and conditions set forth herein. Developer and City have made every effort in reaching this Development Agreement to ensure that its terms and conditions will not result in a Non-Intended Prevailing Wage Requirement. These efforts have been conducted in the absence of any applicable existing judicial interpretation of which the Parties are aware that would indicate that the terms and conditions of this Agreement would result in a Non-Intended Prevailing Wage Requirement. If, despite such efforts, any provision of this Development Agreement shall be determined by the Department of Industrial Relations, the Labor and Workforce Development Agency, or any court of competent jurisdiction to result in a Non-Intended Prevailing Wage Requirement, such determination shall not invalidate or render unenforceable any provision hereof; provided, however, that the Parties hereby agree that, in such event, at the election of Developer in its sole and absolute discretion, this Development Agreement shall be reformed such that each provision of this Development Agreement that results in the Non-Intended Prevailing Wage Requirement will be removed from this Development Agreement as though such provisions were never a part of the Development Agreement, and, in lieu of such provision(s), replacement provisions shall be added as a part of this Development Agreement as similar in terms to such removed provision(s) as may be possible and legal, valid and enforceable but without resulting in the Non-Intended Prevailing Wage Requirement.

11.6 Severability. If any terms or provision(s) of this Development Agreement or the application of any term(s)or provision(s) of this Development Agreement to a particular situation, is (are) held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Development Agreement or the application of this Development Agreement to other situations, shall remain in full force and effect unless amended or modified by mutual consent of the Parties; provided that, if the invalidation, voiding or enforceability would deprive either City or Developer of material benefits derived from this Development Agreement, or make performance under this Development Agreement unreasonably difficult, then City and Developer shall meet and confer and shall make good faith efforts to amend or modify this Development Agreement in a manner that is mutually acceptable to City and Developer. Notwithstanding the foregoing, if any material provision of this Development Agreement, or the application of such provision to a particular situation, is held to be invalid, void or unenforceable, Developer (in its sole and absolute discretion) may terminate this Development Agreement by providing written notice of such termination to City.

11.7 Section Headings. Article and Section headings in this Development Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Development Agreement.

11.8 Construction of Agreement. This Development Agreement has been reviewed and revised by legal counsel for both Developer and City, and no presumption or rule that ambiguities shall be construed against the drafting Party shall apply to the interpretation or enforcement of this Development Agreement.

11.9 Entire Agreement. This Development Agreement includes the Recitals and any exhibits attached hereto and incorporated by reference herein, which, together with the Project Approvals, constitute the entire understanding and agreement of the Parties and supersedes all 105956\18035781v10
23 negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. The exhibits are as follows:

Exhibit A Legal Description of the Property
Exhibit B Map of the Property
Exhibit C Affordable Housing Plan

11.10 Estoppel Certificates. Either Party may, at any time during the Term of this Development Agreement, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that, to the knowledge of the certifying Party, (i) this Development Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Development Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii) the requesting Party is not in default in the performance of its obligations under this Development Agreement, or if in default, to describe therein the nature and amount of any such defaults, and (iv) any other information reasonably requested. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20) days following the receipt thereof.

The failure of either Party to provide the requested certificate within such twenty (20) day period shall constitute a confirmation that this Agreement is in full force and effect and no modification or default exists. Either the City Manager or the Community Development Director shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees.

11.11 Recordation. Pursuant to California Government Code Section 65868.5, within ten (10) days after the later of execution of the Parties of this Development Agreement or the Effective Date, the City Clerk shall record this Development Agreement with the Orange County Recorder.

Thereafter, if this Development Agreement is terminated, modified or amended, the City Clerk shall record notice of such action with the Orange County Recorder.

11.12 No Waiver. No delay or omission by either Party in exercising any right or power accruing upon noncompliance or failure to perform by the other Party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either Party of any of the covenants or conditions to be performed by the other Party shall be in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought, and any such waiver shall not be construed as a waiver of any succeeding breach or non-performance of the same or other covenants and conditions hereof.

11.13 Time Is of the Essence. Time is of the essence for each provision of this Development Agreement for which time is an element.

11.14 Applicable Law; Venue. This Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Venue for any action to enforce or contest the validity of this Agreement shall be any court of competent jurisdiction located in the County of Orange, California.
105956\18035781v10
24 11.15 Attorneys’ Fees. Should any legal action be brought by either Party because of a breach of this Development Agreement or to enforce any provision of this Development Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and such other costs as may be found by the court. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses, including without limitation, expert witness fees, incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.

11.16 Third Party Beneficiaries. Except as otherwise provided herein, City and Developer hereby renounce the existence of any third party beneficiary to this Development Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third party beneficiary status.

11.17 Constructive Notice and Acceptance. Every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Development Agreement is contained in the instrument by which such person acquired an interest in the Property.

11.18 Counterparts. This Development Agreement may be executed by each Party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument.

11.19 Authority. The persons signing below represent and warrant that they have the authority to bind their respective Party and that all necessary board of directors’, shareholders’, partners’, city councils’, redevelopment agencies’ or other approvals have been obtained.

11.20 Conflicts of Interest; Prohibited Interests. Developer warrants and maintains as of the Effective Date of this Agreement that it has no knowledge that any officer or employee of City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in the business of Developer. If any information regarding an officer of employee of the City having an interest in this transaction or in the business of Developer as of the Effective Date of this Agreement comes to the knowledge of Developer at any time during the Term of this Agreement, Developer shall immediately make a complete, written disclosure of such interest to the City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws. If the City subsequently is provided information that Developer had knowledge but failed to disclose knowledge of any such interest, and Developer fails to acknowledge such interest within fourteen (14) days of notification by the City, Developer’s failure shall constitute a breach of the Agreement.
[Signatures Appear on The Following Page]
105956\18035781v10 S-1
IN WITNESS WHEREOF, City and Developer have executed this Development Agreement as of the date first set forth above.

DEVELOPER:

LENNAR HOMES OF CALIFORNIA, LLC, a
California limited liability company
By:

Name: Gary Jones
Title: Vice President
Date: _____________________________________
CITY:

CITY OF BREA, a California municipal
corporation
By:

Name: Blair Stewart
Title: Mayor
Date: _____________________________________
ATTESTATION:

By: ______________________________
Lillian Harris, City Clerk
APPROVED AS TO FORM:

By: ______________________________
Terence Boga, City Attorney
105956\18035781v10 NOTARY
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On this ___ day of ______________, 20__ before me, ,
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
105956\18035781v10 NOTARY
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
105956\18035781v10 Exhibit A - 1

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
PARCEL 2, IN THE CITY OF BREA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED JUNE 3, 1976 IN BOOK 80, PAGES 42 AND 43 OF PARCEL MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA, AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED OCTOBER 15, 1992 AS INSTRUMENT NO. 92 - 700294, OFFICIAL RECORDS.

EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 14, 2011 AS INSTRUMENT NO. 2011000028720, OF OFFICIAL RECORDS.

ALSO EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON

SUBSTANCES, MINERALS AND WATER UNDERLYING A PLANE PARALLEL TO AND 500 FEET, MEASURED VERTICALLY DOWNWARD BELOW THE SURFACE OF THE LAND, WHICH PORTION IS HEREINAFTER REFERRED TO AS "SUBSURFACE LAND",

TOGETHER WITH RIGHTS OF WAY, EASEMENTS AND SERVITUDES IN AND

THROUGH SUBSURFACE LAND FOR THE PURPOSE OF EXERCISING THE RIGHTS

HEREINRESERVED WHICH INCLUDE BUT ARE NOT LIMITED TO THE RIGHT TO

PROSPECT, EXPLORE, MINE, DRILL, PRODUCE, TAKE, TREAT, STORE AND REMOVE

ALL SUCH OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES, MINERALS AND

WATER AND THE RIGHT TO INJECT IN AND REMOVE FROM SUBSURFACE LAND,

OIL, GAS, WATER OR OTHER FLUIDS FOR THE PURPOSES OF STORAGE, PRESSURE

MAINTENANCE AND/OR SECONDARY RECOVERY OF SUCH OIL, GAS AND OTHER

HYDROCARBON SUBSTANCES AND OTHERWISE TO DRILL, COMPLETE AND

MAINTAIN WELLS INTO AND THROUGH SUBSURFACE LAND FROM SURFACE

LOCATIONS OUTSIDE THE BOUNDARIES OF REAL PROPERTY HEREIN CONVEYED,

PROVIDED, HOWEVER, THAT THE RIGHT HEREIN RESERVED AND RETAINED DO

NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE OF THE REAL PROPERTY HEREIN CONVEYED OR WITHIN 500 FEET, MEASURED VERTICALLY DOWNWARD

BELOW THE SURFACE OF THE LAND, AS RESERVED BY UNION OIL COMPANY OF CALIFORNIA, IN DEED RECORDED APRIL 20, 1973 IN BOOK 10654 PAGE 243, OFFICIAL RECORDS.

APN: 319-102-34
Exhibit B - 1

EXHIBIT B

MAP OF PROPERTY
105956\18035781v10 Exhibit C - 1

EXHIBIT C

AFFORDABLE HOUSING PLAN
This Affordable Housing Plan sets forth the manner in which the Project will comply with the affordable housing requirements set forth in Brea City Code, Chapter 20.40 and in accordance with the Project Approvals, the Applicable Rules, and this Development Agreement. Pursuant to Chapter 20.40, the Project is required to include a minimum number of affordable housing units on the Property at one of the following levels unless the City approves the use of an alternative to developing affordable units on the Property.

Municipal Code Options for Rate
of Affordable Housing
Resulting Minimum Requirement
at Each Optional Level
5% Extremely Low Income 9 Extremely Low Units
10% Very Low Income 18 Very Low Units
15% Low Income 27 Low Income Units
20% Moderate Income 36 Moderate Income Units
30% Workforce Housing 54 Workforce Housing Units
In lieu of providing the required affordable units on the Property, the Project shall be permitted to meets its obligations in the following manner.

OPTION 1

OFF SITE AFFORDABLE HOUSING PROJECT
In lieu of providing deed-restricted affordable housing on site within the Project, Developer shall have the option to acquire and convey the Off-Site Property to an experienced third-party affordable housing developer (the “Affordable Developer”) approved by the City, acting reasonably, for development of an 100% affordable housing project on the Off-Site Property (the “Off-Site Affordable Housing Project”). Developer’s conveyance of the Off-Site Property to the Affordable Developer must ensure that the Off-Site Affordable Housing Project meets the following minimum requirements:
• There must be at least 85 total units, including:
o Sixty eight (68) 1-Bedroom, 1-Bath units,
o Sixteen (16) 2-Bedroom, 1-Bath units, and
o One (1) Manager Unit
• Units must be provided at the following minimum numbers and affordability levels:
o 9 Extremely Low (30% TCAC Rents)
o 9 Very Low (50% TCAC Rents)
o 66 Lower (30 @ 60% TCAC Rents and 36 @ 70% TCAC Rents). 105956\18035781v10 Exhibit C - 2
• Lower income units shall be restricted to a maximum affordable rent of up to 80% AMI for Orange County as determined and published annually by California Tax Credit Allocation Committee for a family of a size appropriate to the unit. • To the maximum extent permitted by law, Developer will implement a point system to afford preference for such units based on Brea residency and Brea employment.

Developer acknowledges and agrees: (1) the Off-Site Property is currently subject to Development Agreement No. 19-01 and the associated Affordable Housing Agreement and Restrictive Covenant for development of a five-story building containing 114 multi-family units, including restricted rents between the low and moderate income threshold for 80 residential unit; (2) nothing in this Development Agreement shall require City to approve the Off-Site Affordable Housing Project or related requests, provided City will consider in good faith all applications for necessary City entitlements; and (3) development of the Off-Site Affordable Housing Project will likely depend on the Affordable Developer’s ability to obtain sufficient financing from multiple sources and that the failure to secure sufficient financing may render the Off-Site Affordable Housing Project infeasible. Nothing in this Affordable Housing Plan, the Project Approvals, the Applicable Rules, or this Development Agreement shall relieve Developer of its affordable housing obligations in the event the Off-Site Affordable Housing Project is not completed for any reasons whatsoever, except as otherwise provided in this Affordable Housing Plan.

OPTION 2

ALTERNATIVE CONVEYANCE OF OFF-SITE PROPERTY
If, on or before issuance of first Certificate of Occupancy within the Project: (1) the necessary financing for the Off-Site Affordable Housing Project fails to close; or (2) City determines, in its sole discretion, that the Affordable Developer will be unable to complete the Off-Site Affordable Housing Project; then Developer must meet its affordable obligations by conveying the Off-Site Property to City subject to the following requirements:
• Conveyance shall be by grant deed in a form approved by the City Attorney. • Off-Site Property must be free of any liens and conveyed to City at no cost. • Developer shall disclose any and all encumbrances or easements on the title of the land, and all encumbrances and easements must be factored into its estimated value. • Off-Site Property must be free of any hazardous materials and if any hazardous materials previously contained on the site, Developer must provide evidence that full remediation was performed in accordance with all applicable law.

The Project shall be deemed to have fulfilled its affordable housing obligations upon recordation of the grant deed.
105956\18035781v10 Exhibit C - 3
OPTION 3

ON SITE AFFORDABLE HOUSING DEVELOPMENT
In the event that Developer is unable to convey the Off-Site Property to City in accordance with all of the requirements set forth in Option 2, above, the Project must provide affordable units on the Property and within the Project in accordance with all requirements of the City’s Affordable Housing Ordinance in effect as of the Effective Date, described above.

City of Brea
City Council Regular Meeting Communication
D. Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4D.

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

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

1. Receive and File the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopt the Resolutions of Intent to set a Public Hearing for each District on June 17, 2025, at 7:00 p.m.

BACKGROUND/DISCUSSION
The City of Brea has seven annually assessed Landscape and Lighting Maintenance Districts (LLMD). Per the 1972 Landscape and Lighting Act, the local agency shall conduct public meetings to establish the upcoming annual budget for each LLMD. These District meetings provide the homeowners with updates on future landscape improvements and solicit concerns regarding the maintenance of the common areas. Below are the summary of each LLMD community meeting. Referenced in Exhibit A is a map of the seven Districts.

Maintenance District #1 (American National - 103 Parcels) On March 12, 2025, five representatives from four parcels attended the community meeting. The total costs for FY 2024-25 are estimated to be $63,650. The total annual assessment amount for this District is currently $55,929.

There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain at $543 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $5,585 from the District's reserve fund. District reserves are projected to be $16,384 as of June 30, 2025.

Maintenance District #2 (Baldwin - 297 Parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscaped areas. On March 13, 2025, no representatives attended the community meeting. The total costs for FY 2024-25 are estimated to be $8,060. The total annual assessment for this District is currently $5,495. There were no changes to the assessment amount for FY 2025-26. The estimated costs for FY 2025-26 will require an estimated expenditure of $2,884 from the District's reserve fund. The annual assessment will remain at $18.50 per parcel per year. District reserves are projected to be $34,198 as of June 30, 2025.

Maintenance District #3 (Eagle Development - 188 Parcels) On March 11, 2025, three representatives from three parcels attended the community meeting. The total costs for FY 2024-25 are estimated to be $114,052. The total annual assessment for this District is $112,965.44, or $600.88 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $8,620 from the District's reserve fund. Homeowners in attendance directed staff to increase the assessment by the Consumer Price Index (CPI) of 3.3% from the prior 12-month calendar year. The annual assessment for FY 2025-26 will be $620.71 per parcel, an increase of $19.83. This is the maximum allowable assessment for FY 2025-26. District reserves are projected to be $56,177 as of June 30, 2025.

Maintenance District #4 (Ponderosa - 230 parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscaped areas. On March 13, 2025, no representatives attended the community meeting. The total estimated costs for FY 2024-25 are $3,854. The total annual assessment for this District is currently $2,760. There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain at $12.00 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $2,576 from the District's reserve fund. District reserves are projected to be $18,905 as of June 30, 2025.

Maintenance District #5 (Konweiser - 113 Parcels)
On March 12, 2025, two representatives from two parcels attended the community meeting. The total costs for FY 2024-25 are estimated to be $132,844. The total annual assessment for this District is $122,305. There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain at $1,082.35 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $16,066 from the District's reserve fund. District reserves are projected to be $133,272 as of June 30, 2025.

Maintenance District #6 (Schmid Development - 135 Parcels) Of the seven Districts, this is the largest District with 16 acres of common landscaped areas. On March 11, 2025, five representatives from four parcels attended the community meeting. The total costs for FY 2024-25 are estimated to be $224,718. The total annual assessment for this District is $236,297 or $1,750.35 per parcel per year. There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain at $1,750.35 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $3,396 from the District's reserve fund. District reserves are projected to be $271,309 as of June 30, 2025.

Maintenance District #7 (Baywood Development - 96 Parcels) On March 12, 2025, one representative from one parcel attended the community meeting. The total costs for FY 2024-25 are estimated to be $35,470. The total annual assessment for this District is $35,047 or $365.08 per parcel per year. There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain at $365.08 per parcel per year. The estimated costs for FY 2025-26 will require an estimated expenditure of $219 from the District's reserve fund. District reserves are projected to be $12,057 as of June 30, 2025.

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff’s recommendation at the April 8, 2025, meeting and the item was recommended for City Council approval.

SUMMARY/FISCAL IMPACT
Per the 1972 Landscape and Lighting Act, the local agency shall conduct public meetings to establish and adopt the upcoming annual District budget. Staff met with the homeowners to discuss the coming year's budget and improvement projects. Separate assessments provide for all funding for the maintenance of the Districts, including reimbursing the General Fund for staff time. There will be no impact on the General Fund by this action.

The estimated assessments for FY 2025-26, as detailed in the Engineer's Report, are as follows:

Maintenance
District
2024-2025
Assessment
Per Lot Per Year
2025-2026
Assessment Per
Lot Per Year
Change in
Assessment
Per Lot Per
Year
%
Change
M.D. #1 $543.00 $543.00 $0 0%
M.D. #2 $18.50 $18.50 $0 0%
M.D. #3 $600.88 $620.71 $19.83 3.3%
M.D. #4 $12.00 $12.00 $0 0%
M.D. #5 $1,082.35 $1,082.35 $0 0%
M.D. #6 $1,750.35 $1,750.35 $0 0%
M.D. #7 $365.08 $365.08 $0 0%
The recommended action is to accept the Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6, and 7 and that a Resolution of Intent is adopted, setting a Public Hearing for each District on June 17, 2025, at 7:00 p.m.

RESPECTFULLY SUBMITTED
Kristin Griffith, City Manager
Prepared by: Matthew Cuevas, Senior Management Analyst
Concurrence: Michael Ho, PE, Director of Public Works
Attachments
Attachment A - Exhibit A - Maintenance Districts Map.pdf Attachment B - Resolution LLMD 1.pdf
Attachment C - Resolution LLMD 2.pdf
Attachment D - Resolution LLMD 3.pdf
Attachment E - Resolution LLMD 4.pdf
Attachment F - Resolution LLMD 5.pdf
Attachment G - Resolution LLMD 6.pdf
Attachment H - Resolution LLMD 7.pdf
Attachment I - Engineer's Report LLMD's 1-7.pdf
Exhibit A
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1

AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A

PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 1 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 1 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 1," an area encompassed by Final Tract Nos. 9121, 9341 and 9342 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 9121, 9341 and 9342. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 9121, 9341 and 9342.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting District No. 1 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $543.00.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 1 for fiscal year 2025-2026 and hereby gives notice of said hearing.

7. The City Clerk shall do the following:
a. Certify to the adoption of this Resolution;
b. Cause a true and correct copy of this Resolution to be published once in a newspaper of general circulation located within the City of Brea at least ten days prior to June 17, 2025.

APPROVED AND ADOPTED this 15th day of April, 2025.
________________________________
Mayor
ATTEST:________________________________
City Clerk
I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 15th day of April, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: ________________________

________________________________
City Clerk
EXHIBIT "A"

LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 INCLUDES ALL OF THE

PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9121 RECORDED IN BOOK 378, PAGES 49 AND 50; TRACT NO. 9341 RECORDED IN BOOK 395, PAGES 28, 29 AND 30; AND OF TRACT NO. 9342 RECORDED IN BOOK 386, PAGES 41, 42 AND 43, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 2 AND FIXING AND

GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING OF

THE LEVY OF AN ASSESSMENT ON SAID DISTRICT FOR FISCAL
YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Lighting Assessment District No. 2 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Lighting Assessment District No. 2 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," on that area designated "City of Brea Lighting Assessment District No. 2," an area encompassed by Final Tracts Nos. 9227, 9228 and 8857 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract No. 9227, 9228 and 8857.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Lighting Assessment District No. 2 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $18.50.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Lighting Assessment District No. 2 for fiscal year 2025-2026 and hereby gives notice of said hearing.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: ________________________

________________________________
City Clerk

EXHIBIT "A"

LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 2
THE BOUNDARIES OF LIGHTING ASSESSMENT DISTRICT NO. 2 IS DESCRIBED AS "BEING THE BOUNDARY OF ANNEXATION NO. 8-74 TO THE CITY OF BREA, COUNTY OF ORANGE, STATE OF CALIFORNIA,” ALSO BEING ALL THE PROPERTIES LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9227 RECORDED IN BOOK 392, PAGES 5 THROUGH 12; TRACT NO. 9228 RECORDED IN BOOK 428, PAGES 32 THROUGH 38; AND TRACT NO. 8857 RECORDED IN BOOK 464, PAGES 38 THROUGH 44, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3

AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A

PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 3 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 3 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting District Assessment No. 3," an area encompassed by Final Tract No. 8242 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract No. 8242. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract No. 8242.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 3 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $620.71.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 3 for fiscal year 2025-2026 and hereby gives notice of said hearing.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: ______________________

______________________________
City Clerk

EXHIBIT "A"

LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3 INCLUDES ALL OF THE

PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8242 RECORDED IN BOOK 428, PAGES 19 THROUGH 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LIGHTING ASSESSMENT DISTRICT NO. 4 AND FIXING AND

GIVING NOTICE OF A TIME AND PLACE FOR A PUBLIC HEARING OF

THE LEVY OF AN ASSESSMENT ON SAID DISTRICT FOR FISCAL
YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Lighting Assessment District No. 4 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Lighting Assessment District No. 4 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," on that area designated "City of Brea Lighting District No. 4," an area encompassed by Final Tract Nos. 10224, 10324, 10325, 10327 and 9298 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 10224, 10324, 10325, 10326, 10327, and 9298.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Lighting District No. 4 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $12.00.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Lighting Assessment District No. 4 for fiscal year 2025-2026 and hereby gives notice of said hearing.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: _____________________

______________________________
City Clerk

EXHIBIT "A"

LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 4
LIGHTING ASSESSMENT DISTRICT NO. 4 INCLUDES ALL THE PROPERTIES LOCATED IN THE CITY OF BREA WITHIN TRACT NO. 10224 AS SHOWN ON A MAP RECORDED IN BOOK 436, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10324 AS SHOWN ON A MAP RECORDED IN BOOK 447, PAGES 3 THROUGH 5 INCLUSIVE, TRACT NO. 10325 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 9 THROUGH 12 INCLUSIVE, TRACT NO. 10326 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10327 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 17 THROUGH 20 INCLUSIVE, AND TRACT NO. 9298 AS SHOWN ON A MAP RECORDED IN BOOK 476, PAGES 5 THROUGH 7

INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5

AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A

PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 5 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 5 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 5," an area encompassed by Final Tract Nos. 9111, 9414, & 9473 and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 9111, 9414 and 9473. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 9111, 9414, and 9473.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 5 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $1082.35, as detailed in said report of the Director of Public Works.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 5 for fiscal year 2025-2026 and hereby gives notice of said hearing.

APPROVED AND ADOPTED this 15th day of April, 2025.
________________________________
Mayor
ATTEST:________________________________
City Clerk

I, Lillian Harris-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 15th day of April, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: _________________________

________________________________
City Clerk

EXHIBIT "A"

LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5 INCLUDES ALL THE

PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9111 RECORDED IN BOOK 374, PAGES 24, 25 AND 26 OF TRACT NO. 9414 RECORDED IN BOOK 409, PAGES 8 AND 9, AND OF TRACT NO. 9473 RECORDED IN BOOK 291, PAGES 26, 27 AND 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6

AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A

PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 6 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 6 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 6," an area encompassed by Final Tract Nos. 8820, 9531, and 9532, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 8820, 9531, and 9532. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 8820, 9531, and 9532.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 6 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $1750.35, as detailed in said report of the Director of Public Works.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 6 for fiscal year 2025-2026 and hereby gives notice of said hearing.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: ________________________

________________________________
City Clerk
EXHIBIT "A"

LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6 INCLUDES ALL THE

PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8820, RECORDED IN BOOK 454, PAGES 19 THROUGH 24 INCLUSIVE, TRACT NO. 9531, RECORDED IN BOOK 423, PAGES 24 THROUGH 28 INCLUSIVE, AND TRACT NO. 9532 RECORDED IN BOOK 454, PAGES 25 THROUGH 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
APPROVING THE REPORT FILED PURSUANT TO SECTION 22623 OF

THE STREETS AND HIGHWAYS CODE WITH RESPECT TO CITY OF
BREA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7

AND FIXING AND GIVING NOTICE OF A TIME AND PLACE FOR A

PUBLIC HEARING ON THE LEVY OF AN ASSESSMENT ON SAID
DISTRICT FOR FISCAL YEAR 2025-2026
A. RECITALS:
(i) This Council heretofore adopted a resolution creating City of Brea Landscape and Lighting Assessment District No. 7 pursuant to Division 15 of the California Streets and Highways Code.
(ii) The Director of Public Works has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment pursuant to the provisions of Section 22623 of the California Streets and Highways Code.

B. RESOLUTION:

NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:

1. In all respects as set forth in the Recitals, Part A, of this Resolution.

2. The above-described report submitted by the Director of Public Works relating to City of Brea Landscape and Lighting Assessment District No. 7 is hereby approved as filed.

3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2025-2026 pursuant to Division 15 of the Streets and Highways Code of the State of California, known as the "Landscape and Lighting Act of 1972," on that area designated "City of Brea Landscape and Lighting Assessment District No. 7," an area encompassed by Final Tract Nos. 14658, 14657, 15070 and 14656, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

4. A general description of the improvements proposed for the aforementioned district is as follows:

The maintenance and possible future replacement of lighting, landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of said lighting shall be in the area of Tract Nos. 14658, 14657, 15070 and 14656. Said landscaping and related facilities shall be in the lettered lots, common parking bays and related planters within Final Tract Nos. 14658, 14657, 15670 and 14656.

5. Reference hereby is made to the report of the Director of Public Works relating to the said assessment district herein above approved. Said report is on file with the City Clerk of the City of Brea and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Brea Landscape and Lighting Assessment District No. 7 for fiscal year 2025-2026. Said proposed assessment per lot is in the amount of $365.08, as detailed in said report of the Director of Public Works.

6. This Council hereby fixes 7:00 p.m. on June 17, 2025, in the Council Chambers, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California, as the time and place for a hearing before this Council on the question of the levy of the proposed assessments on City of Brea Landscape and Lighting Assessment District No. 7 for fiscal year 2025-2026 and hereby gives notice of said hearing.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

DATED: _____________________

________________________________
City Clerk
EXHIBIT "A"

LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7 INCLUDES ALL THE

PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 14656, RECORDED IN BOOK 746, PAGES 47 THROUGH 49 INCLUSIVE, TRACT NO. 14658, RECORDED IN BOOK 724, PAGES 9 THROUGH 11 INCLUSIVE, TRACT NO. 14657 RECORDED IN BOOK 733, PAGES 15 THROUGH 17 INCLUSIVE, TRACT NO. 15070, RECORDED IN BOOK 738, PAGES 27 THROUGH 30 INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.

Landscape and Lighting
Maintenance District
No. 1
City of Brea

Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26

TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background ................................................ 1 Part A - Plans and Specifications .......................................... 2 Part B - Estimate of Cost ....................................................... 3 Part C - Method of Apportionment of Assessment ............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary ................................. 6

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 1 Introduction and Background
Introduction:

This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.

Background:

The City Council of the City of Brea adopted and approved Resolution Nos. 82-57 and 82- 58 detaching certain territory from Landscape and Lighting Maintenance District No. 1 adopted by Resolution No. 76-74 and adopted Resolution No. 82-59 creating amended Maintenance District No. 1 in the City of Brea.

The creating of Lighting and Maintenance District No. 1 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project. The amended Landscape and Lighting Maintenance District No. 1 was subsequently formed June 1, 1982 by Resolution No. 82-59.

The formation of the amended district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on June 1, 1982.

The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 2 PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:

Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in Public Street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.

Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.

The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 3 PART B

ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2025-26, as described in Part A, are summarized herein and described below.

MAINTENANCE DISTRICT # 1 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $15,600
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $180
Fixed Costs Totals $15,957

2. ROUTINE COSTS
4211 Postage $102
4249 Professional Svs/Other $3,000
4261 Svc & Repair Equipment $400
4266 Contract Services/Grounds Maintenance $17,300
4282 Electric $1,400
4285 Water $21,500
4337 Electrical Supplies & Parts $200
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,655
Routine Costs Totals $45,557
Total Costs (Fixed & Routine) $61,514
Est. Fund Balance as of 1-Jul-2025 $16,384
Projected Reserve Balance 30-Jun-2026 $10,799
FY 2025-26 Annual Assessments $55,929
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 4 PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.

ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2025-26 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 31920129 1 9121 $543.00 36 31921217 8 9342 $543.00 71 31921328 39 9341 $543.00 2 31920128 2 9121 $543.00 37 31921216 9 9342 $543.00 72 31921329 40 9341 $543.00 3 31920127 3 9121 $543.00 38 31921201 10 9342 $543.00 73 31921330 41 9341 $543.00 4 31920126 4 9121 $543.00 39 31921202 11 9342 $543.00 74 31921331 42 9341 $543.00 5 31920125 5 9121 $543.00 40 31921203 12 9342 $543.00 75 31921327 1 9341 $543.00 6 31920124 6 9121 $543.00 41 31921204 13 9342 $543.00 76 31921328 2 9341 $543.00 7 31920123 7 9121 $543.00 42 31921205 14 9342 $543.00 77 31921329 3 9341 $543.00 8 31920122 8 9121 $543.00 43 31921206 15 9342 $543.00 78 31921330 4 9341 $543.00 9 31920121 9 9121 $543.00 44 31921207 16 9342 $543.00 79 31921331 5 9341 $543.00 10 31920120 10 9121 $543.00 45 31921208 17 9342 $543.00 80 31921332 6 9341 $543.00 11 31920119 11 9121 $543.00 46 31921209 18 9342 $543.00 81 31921333 7 9341 $543.00 12 31920118 12 9121 $543.00 47 31921210 19 9342 $543.00 82 31921334 8 9341 $543.00 13 31920117 13 9121 $543.00 48 31921212 20 9342 $543.00 83 31921335 9 9341 $543.00 14 31920116 14 9121 $543.00 49 31921211 21 9342 $543.00 84 31921336 10 9341 $543.00 15 31920115 15 9121 $543.00 50 31921213 22 9342 $543.00 85 31921337 11 9341 $543.00 16 31920114 16 9121 $543.00 51 31921214 23 9342 $543.00 86 31921338 12 9341 $543.00 17 31920113 17 9121 $543.00 52 31921215 24 9342 $543.00 87 31921339 13 9341 $543.00 18 31920112 18 9121 $543.00 53 31921101 25 9342 $543.00 88 31921306 14 9341 $543.00 19 31920111 19 9121 $543.00 54 31921102 26 9342 $543.00 89 31921305 15 9341 $543.00 20 31920110 20 9121 $543.00 55 31921103 27 9342 $543.00 90 31921304 16 9341 $543.00 21 31920109 21 9121 $543.00 56 31921104 28 9342 $543.00 91 31921303 17 9341 $543.00 22 31920108 22 9121 $543.00 57 31921105 29 9342 $543.00 92 31921302 18 9341 $543.00 23 31920107 23 9121 $543.00 58 31921106 30 9342 $543.00 93 31921301 19 9341 $543.00 24 31920106 24 9121 $543.00 59 31921107 31 9342 $543.00 94 31921317 20 9341 $543.00 25 31920105 25 9121 $543.00 60 31921108 32 9342 $543.00 95 31921316 21 9341 $543.00 26 31920104 26 9121 $543.00 61 31921109 33 9342 $543.00 96 31921315 22 9341 $543.00 27 31920103 27 9121 $543.00 62 31921319 30 9341 $543.00 97 31921314 23 9341 $543.00 28 31920102 28 9121 $543.00 63 31921320 31 9341 $543.00 98 31921313 24 9341 $543.00 29 31921224 1 9342 $543.00 64 31921321 32 9341 $543.00 99 31921312 25 9341 $543.00 30 31921223 2 9342 $543.00 65 31921322 33 9341 $543.00 100 31921311 26 9341 $543.00 31 31921222 3 9342 $543.00 66 31921323 34 9341 $543.00 101 31921310 27 9341 $543.00 32 31921221 4 9342 $543.00 67 31921324 35 9341 $543.00 102 31921308 28 9341 $543.00 33 31921220 5 9342 $543.00 68 31921325 36 9341 $543.00 103 31921309 29 9341 $543.00 34 31921219 6 9342 $543.00 69 31921326 37 9341 $543.00
35 31921218 7 9342 $543.00 70 31921327 38 9341 $543.00
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 6 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 1 is included herein.

District No. 1 is generally located east, north of State College Boulevard, adjacent to Fanning School, and includes Tract Nos. 9121, 9341 and 9342.

District No. 1 includes all of the properties in the City of Brea located within the tract boundary of Tract No. 9121 recorded in Book 378, Pages 49 and 50; Tract No. 9341 recorded in Book 395, Pages 28, 29 and 30; and of Tract No. 9342 recorded in Book 386, Pages 41, 42 and 43, all of Miscellaneous Maps, records of Orange County, California.

Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2025-26.

The Assessor's maps and records are incorporated by reference herein and made part of this report.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 7 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 8 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 9 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 10 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 11 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 1, FY 2025-26 Page 12

Lighting
Maintenance District
No. 2
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26

City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 1
Introduction and Background
Introduction:

This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.

Background:

The City Council of the City of Brea adopted and approved Resolution No. 78-76, creating Lighting and Maintenance District No. 2 in the City of Brea.

The creation of Lighting and Maintenance District No. 2 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8857, known as "North Hills" development project.

No landscape maintenance is included in this district as the slopes are to be maintained by the homeowner or the homeowners' association, as required by the Conditions of Approval for Tentative Tract No. 8857.

The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.

The purpose of this report is to be utilized by the staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California Streets and Highways Code, Section 22620 to 22631).

City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 2
PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:

Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities; providing for the cleaning, sandblasting, and painting of poles and other improvements for general upkeep and to remove or cover graffiti.

Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or appurtenant facilities.

City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 3
PART B

MAINTENANCE DISTRICT # 2 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $5,044
4113 Overtime $100
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $20
Fixed Costs Totals $5,239

2. ROUTINE COSTS
4211 Postage $152
4261 Repairs to Equipment $1,428
4337 Electrical Supplies $1,020
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $540
Routine Costs Totals $3,140
Total Costs (Fixed & Routine) $8,379
Est. Fund Balance as of 1-Jul-2025 $34,198
Projected Reserve Balance 30-Jun-2026 $31,314
FY 2025-26 Annual Assessments $5,495
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 4
PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.

Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.

This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."

ASSESSMENT METHODOLOGY
The North Hills Development project (Tract Nos. 9227, 9228 and 8857 in the City of Brea) was developed under conditions of development required by the City Council of the City of Brea.

The parcels of land in the District are single-family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$5,495 / 297 SFR's = $18.50 / SFR
City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 5
PART D

ASSESSMENT ROLL
The amount of the total proposed assessment for fiscal year 2025-26 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30424201 13 9227 $18.50 41 30425224 53 9227 $18.50 81 30424108 93 9227 $18.50 2 30424202 14 9227 $18.50 42 30425225 54 9227 $18.50 82 30424107 94 9227 $18.50 3 30424203 15 9227 $18.50 43 30425226 55 9227 $18.50 83 30424106 95 9227 $18.50 4 30424204 16 9227 $18.50 44 30425227 56 9227 $18.50 84 30424105 96 9227 $18.50 5 30424205 17 9227 $18.50 45 30425228 57 9227 $18.50 85 30424104 97 9227 $18.50 6 30424206 18 9227 $18.50 46 30425229 58 9227 $18.50 86 30424103 98 9227 $18.50 7 30424207 19 9227 $18.50 47 30425230 59 9227 $18.50 87 30424102 99 9227 $18.50 8 30424208 21 9227 $18.50 48 30425231 60 9227 $18.50 88 30424101 100 9227 $18.50 9 30424209 21 9227 $18.50 49 30425232 61 9227 $18.50 89 30425112 101 9227 $18.50 10 30424210 22 9227 $18.50 50 30425233 62 9227 $18.50 90 30425111 102 9227 $18.50 11 30424211 23 9227 $18.50 51 30425234 63 9227 $18.50 91 30425110 103 9227 $18.50 12 30424212 24 9227 $18.50 52 30425235 64 9227 $18.50 92 30425109 104 9227 $18.50 13 30424213 25 9227 $18.50 53 30425236 65 9227 $18.50 93 30425108 105 9227 $18.50 14 30424214 26 9227 $18.50 54 30425237 66 9227 $18.50 94 30425107 106 9227 $18.50 15 30424215 27 9227 $18.50 55 30425238 67 9227 $18.50 95 30425106 107 9227 $18.50 16 30424216 28 9227 $18.50 56 30425239 68 9227 $18.50 96 30425105 108 9227 $18.50 17 30424217 29 9227 $18.50 57 30425240 69 9227 $18.50 97 30425104 109 9227 $18.50 18 30424218 30 9227 $18.50 58 30425241 70 9227 $18.50 98 30425103 110 9227 $18.50 19 30424219 31 9227 $18.50 59 30425242 71 9227 $18.50 99 30425102 111 9227 $18.50 20 30424220 32 9227 $18.50 60 30425243 72 9227 $18.50 100 30425101 112 9227 $18.50 21 30424221 33 9227 $18.50 61 30425244 73 9227 $18.50 101 30425111 113 9227 $18.50 22 30424222 34 9227 $18.50 62 30425245 74 9227 $18.50 102 30425110 114 9227 $18.50 23 30424223 35 9227 $18.50 63 30425246 75 9227 $18.50 103 30425109 115 9227 $18.50 24 30424224 36 9227 $18.50 64 30425247 76 9227 $18.50 104 30425108 116 9227 $18.50 25 30424225 37 9227 $18.50 65 30425248 77 9227 $18.50 105 30425107 117 9227 $18.50 26 30424226 38 9227 $18.50 66 30425249 78 9227 $18.50 106 30425106 118 9227 $18.50 27 30424227 39 9227 $18.50 67 30424122 79 9227 $18.50 107 30425105 119 9227 $18.50 28 30424228 40 9227 $18.50 68 30424121 80 9227 $18.50 108 30425104 120 9227 $18.50 29 30424229 41 9227 $18.50 69 30424120 81 9227 $18.50 109 30425103 121 9227 $18.50 30 30425213 42 9227 $18.50 70 30424119 82 9227 $18.50 110 30425102 122 9227 $18.50 31 30425214 43 9227 $18.50 71 30424118 83 9227 $18.50 111 30425101 123 9227 $18.50 32 30425215 44 9227 $18.50 72 30424117 84 9227 $18.50 112 30423501 1 9228 $18.50 33 30425216 45 9227 $18.50 73 30424116 85 9227 $18.50 113 30423502 2 9228 $18.50 34 30425217 46 9227 $18.50 74 30424115 86 9221 $18.50 114 30423503 3 9228 $18.50 35 30425218 47 9227 $18.50 75 30424114 87 9227 $18.50 115 30426221 4 9228 $18.50 36 30425219 48 9227 $18.50 76 30424113 88 9227 $18.50 116 30426222 5 9228 $18.50 37 30425220 49 9227 $18.50 77 30424112 89 9227 $18.50 117 30426223 6 9228 $18.50 38 30425221 50 9227 $18.50 78 30424111 90 9227 $18.50 118 30426224 7 9228 $18.50 39 30425222 51 9227 $18.50 79 30424110 91 9227 $18.50 119 30426225 8 9228 $18.50 40 30425223 52 9227 $18.50 80 30424109 92 9227 $18.50 120 30426226 9 9228 $18.50 City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 121 30423411 10 9228 $18.50 180 30426105 69 9228 $18.50 239 30427210 80 8857 $18.50 122 30423410 11 9228 $18.50 181 30426104 70 9228 $18.50 240 30427211 81 8857 $18.50 123 30423409 12 9228 $18.50 182 30426103 71 9228 $18.50 241 30427212 82 8857 $18.50 124 30423408 13 9228 $18.50 183 30426102 72 9228 $18.50 242 30427213 83 8857 $18.50 125 30423407 14 9228 $18.50 184 30426101 73 9228 $18.50 243 30427229 55 8857 $18.50 126 30423406 15 9228 $18.50 185 30423307 74 9228 $18.50 244 30427228 56 8857 $18.50 127 30423405 16 9228 $18.50 186 30423308 75 9228 $18.50 245 30427227 57 8857 $18.50 128 30423404 17 9228 $18.50 187 30423309 76 9228 $18.50 246 30427226 58 8857 $18.50 129 30423403 18 9228 $18.50 188 30423301 77 9228 $18.50 247 30427225 59 8857 $18.50 130 30423402 19 9228 $18.50 189 30423302 78 9228 $18.50 248 30427224 60 8857 $18.50 131 30423401 20 9228 $18.50 190 30423303 79 9228 $18.50 249 30427223 61 8857 $18.50 132 30426201 21 9228 $18.50 191 30423304 80 9228 $18.50 250 30427222 62 8857 $18.50 133 30426202 22 9228 $18.50 192 30423201 81 9228 $18.50 251 30427221 63 8857 $18.50 134 30426203 23 9228 $18.50 193 30423202 82 9228 $18.50 252 30427220 64 8857 $18.50 135 30426204 24 9228 $18.50 194 30423115 83 9228 $18.50 253 30427219 65 8857 $18.50 136 30426205 25 9228 $18.50 195 30423116 84 9228 $18.50 254 30427218 66 8857 $18.50 137 30426206 26 9228 $18.50 196 30423117 85 9228 $18.50 255 30427217 67 8857 $18.50 138 30426207 27 9228 $18.50 197 30423118 86 9228 $18.50 256 30427216 68 8857 $18.50 139 30426208 28 9228 $18.50 198 30423119 87 9228 $18.50 257 30427215 69 8857 $18.50 140 30426209 29 9228 $18.50 199 30423120 88 9228 $18.50 258 30427214 70 8857 $18.50 141 30426210 30 9228 $18.50 200 30423121 89 9228 $18.50 259 30427201 71 8857 $18.50 142 30426211 31 9228 $18.50 201 30423122 90 9228 $18.50 260 30427202 72 8857 $18.50 143 30426212 32 9228 $18.50 202 30423123 91 9228 $18.50 261 30427203 73 8857 $18.50 144 30426213 33 9228 $18.50 203 30423101 12 9227 $18.50 262 30427204 74 8857 $18.50 145 30426214 34 9228 $18.50 204 30423102 11 9227 $18.50 263 30427205 75 8857 $18.50 146 30426215 35 9228 $18.50 205 30423103 10 9227 $18.50 264 30427206 76 8857 $18.50 147 30426216 36 9228 $18.50 206 30423104 9 9227 $18.50 265 30427207 77 8857 $18.50 148 30426217 37 9228 $18.50 207 30423105 8 9227 $18.50 266 30427320 23 8857 $18.50 149 30426218 38 9228 $18.50 208 30423106 7 9227 $18.50 267 30427319 24 8857 $18.50 150 30426219 39 9228 $18.50 209 30423107 6 9227 $18.50 268 30427318 25 8857 $18.50 151 30426220 40 9228 $18.50 210 30423108 5 9227 $18.50 269 30427317 26 8857 $18.50 152 30426133 41 9228 $18.50 211 30423109 4 9227 $18.50 270 30427316 27 8857 $18.50 153 30426132 42 9228 $18.50 212 30423110 3 9227 $18.50 271 30427315 28 8857 $18.50 154 30426131 43 9228 $18.50 213 30423111 2 9227 $18.50 272 30427314 29 8857 $18.50 155 30426130 44 9228 $18.50 214 30423112 1 9227 $18.50 273 30427313 30 8857 $18.50 156 30426129 45 9228 $18.50 215 30423124 1 8857 $18.50 274 30427312 31 8857 $18.50 157 30426128 46 9228 $18.50 216 30423125 2 8857 $18.50 275 30427311 32 8857 $18.50 158 30426127 47 9228 $18.50 217 30427339 3 8857 $18.50 276 30427310 33 8857 $18.50 159 30426126 48 9228 $18.50 218 30427338 4 8857 $18.50 277 30427309 34 8857 $18.50 160 30426125 49 9228 $18.50 219 30427337 5 8857 $18.50 278 30427308 35 8857 $18.50 161 30426124 50 9228 $18.50 220 30427336 6 8857 $18.50 279 30427307 36 8857 $18.50 162 30426123 51 9228 $18.50 221 30427335 7 8857 $18.50 280 30427306 37 8857 $18.50 163 30426122 52 9228 $18.50 222 30427334 8 8857 $18.50 281 30427305 38 8857 $18.50 164 30426121 53 9228 $18.50 223 30427333 9 8857 $18.50 282 30427304 39 8857 $18.50 165 30426120 54 9228 $18.50 224 30427332 10 8857 $18.50 283 30427303 40 8857 $18.50 166 30426119 55 9228 $18.50 225 30427331 11 8857 $18.50 284 30427302 41 8857 $18.50 167 30426118 56 9228 $18.50 226 30427330 12 8857 $18.50 285 30427301 42 8857 $18.50 168 30426117 57 9228 $18.50 227 30427329 13 8857 $18.50 286 30427101 43 8857 $18.50 169 30426116 58 9228 $18.50 228 30427328 14 8857 $18.50 287 30427102 44 8857 $18.50 170 30426115 59 9228 $18.50 229 30423203 15 8857 $18.50 288 30427103 45 8857 $18.50 171 30426114 60 9228 $18.50 230 30427327 16 8857 $18.50 289 30427104 46 8857 $18.50 172 30426113 61 9228 $18.50 231 30427326 17 8857 $18.50 290 30427105 47 8857 $18.50 173 30426112 62 9228 $18.50 232 30427325 18 8857 $18.50 291 30427106 48 8857 $18.50 174 30426111 63 9228 $18.50 233 30427324 19 8857 $18.50 292 30427107 49 8857 $18.50 175 30426110 64 9228 $18.50 234 30427323 20 8857 $18.50 293 30427108 50 8857 $18.50 176 30426109 65 9228 $18.50 235 30427322 21 8857 $18.50 294 30427109 51 8857 $18.50 177 30426108 66 9228 $18.50 236 30427321 22 8857 $18.50 295 30427110 52 8857 $18.50 178 30426107 67 9228 $18.50 237 30427208 78 8857 $18.50 296 30427111 53 8857 $18.50 179 30426106 68 9228 $18.50 238 30427209 79 8857 $18.50 297 30427112 54 8857 $18.50 City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 2 is included herein.

District No. 2 is generally located west of Berry Street, north of Central Avenue, and south of Northwood Avenue.

The boundaries of District No. 2 are described as "being the boundary of Annexation No. 8-74 to the City of Brea, County of Orange, State of California." Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for fiscal year 2025-26. The Assessor's maps and records are incorporated by reference herein and made part of this report.

City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 8
City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 9
City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 10 City of Brea April 15, 2025
Lighting Maintenance District No. 2, FY 2025-26 Page 11

Landscape and Lighting
Maintenance District
No. 3
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26

TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background ................................................ 1 Part A - Plans and Specifications .......................................... 2 Part B - Estimate of Cost ....................................................... 3 Part C - Method of Apportionment of Assessment ............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary ............................... 10

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 1 Introduction and Background
Introduction:

Background:

The City Council of the City of Brea adopted Resolution No. 78-77 on July 5, 1978 creating Lighting and Maintenance District No. 3. This Lighting and Maintenance District was a condition of development for Tract No. 8242 in the City of Brea.

Tract No. 8242 was planned and has been developed adjacent to a 40-foot MWD easement for the MWD Lower Feeder, which diagonally traverses the property limits of Tract No. 8242.

This MWD easement was graded (within the limits of MWD specifications) and landscaped (under conditions of development) to act as a greenbelt trail area for the residents of the tract.

In addition to the MWD easement greenbelt, another landscaping greenbelt area was completed in a 20-foot easement adjacent to Birch Street.

In order to assure the maintenance of the greenbelts and the payment of fees for maintaining the greenbelt and the cost of energy for theme lighting, a condition of development was the requirement that a Lighting and Maintenance District be formed over the entire limits of Tract No. 8242.

In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator which allows the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 2 PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:

Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 3 PART B

ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the landscape and lighting improvements for Fiscal Year 2025-26, as described in Part A, are summarized herein and described below.

MAINTENANCE DISTRICT # 3 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $12,263
4113 Overtime $102
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $100
Fixed Costs Totals $12,540

2. ROUTINE COSTS
4211 Postage $184
4249 Professional Svc-Other $34,000
4261 Svc/Repairs to Equipment $1,530
4266 Contract Services/Grounds Maintenance $32,000
4282 Electricity $2,500
4285 Water $38,000
4337 Electrical Supplies & Parts $1,000
4339 Construction & Maintenance/Other $1,852
4379 Nursery Supplies $255
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,452
Routine Costs Totals $112,773
Total Costs (Fixed & Routine) $125,313
Est. Fund Balance as of 1-Jul-2025 $56,177
Projected Reserve Balance 30-Jun-2026 $47,557
FY 2025-26 Annual Assessments $116,693
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 4 PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned property which benefit from the improvements be assessed.

SPECIAL BENEFIT ANALYSIS
Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.

In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway.

The ongoing operation and maintenance of the street landscaping, slopes and greenways within the City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 5 district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.

Theme Lighting. Proper maintenance and operation of pedestrian and street lights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area.

BENEFITS OF STREET LIGHTING
Security and Safety
 Mitigates crime
 Alleviates the fear of crime
 Enhances safe ingress/egress to property
Community Character and Vitality
 Promotes social interaction
 Contributes to a positive nighttime visual image

ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$116,693.48/ 188 SFR’s = $620.71 / SFR
This assessment rate is the maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2025-26 is 3.3%.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $336.27 / SFR
FY 2004-05 1.8% $342.32 / SFR
FY 2005-06 4.4% $357.39 / SFR
FY 2006-07 4.5% $373.47 / SFR
FY 2007-08 4.3% $389.53 / SFR
FY 2008-09 3.3% $402.38 / SFR
FY 2009-10 3.5% $416.47 / SFR
FY 2010-11 0% $416.47 / SFR
FY 2011-12 1.2% $421.47 / SFR
FY 2012-13 2.7% $432.85 / SFR
FY 2013-14 2% $441.51 / SFR
FY 2014-15 1.1% $446.37 / SFR
FY 2015-16 .7% $449.49 / SFR
FY 2016-17 2% $458.48 / SFR
FY 2017-18 1.9% $467.19 / SFR
FY 2018-19 2.8% $480.27 / SFR
FY2019-20 3.2% $495.64 / SFR
FY2020-21 3.1% $511.00/SFR
FY 2021-22 1.6% $519.18/SFR
FY 2022-23 6.6% $553.44/SFR
FY 2023-24 4.9% $580.56/SFR
FY 2024-25 3.5% $600.88/SFR
FY 2025-26 3.3% $620.71/SFR
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 7 PART D

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
1 32026208 1 8242 $620.71 39 32024107 39 8242 $620.71
2 32026209 2 8242 $620.71 40 32024108 40 8242 $620.71
3 32026210 3 8242 $620.71 41 32024109 41 8242 $620.71
4 32026211 4 8242 $620.71 42 32024110 42 8242 $620.71
5 32026212 5 8242 $620.71 43 32024111 43 8242 $620.71
6 32026213 6 8242 $620.71 44 32024112 44 8242 $620.71
7 32026214 7 8242 $620.71 45 32024113 45 8242 $620.71
8 32026215 8 8242 $620.71 46 32024114 46 8242 $620.71
9 32025401 9 8242 $620.71 47 32024125 47 8242 $620.71
10 32025402 10 8242 $620.71 48 32024126 48 8242 $620.71 11 32025403 11 8242 $620.71 49 32024127 49 8242 $620.71 12 32025404 12 8242 $620.71 50 32024128 50 8242 $620.71 13 32025405 13 8242 $620.71 51 32024123 51 8242 $620.71 14 32025406 14 8242 $620.71 52 32024124 52 8242 $620.71 15 32025311 15 8242 $620.71 53 32024210 53 8242 $620.71 16 32025309 16 8242 $620.71 54 32024209 54 8242 $620.71 17 32025308 17 8242 $620.71 55 32024208 55 8242 $620.71 18 32025307 18 8242 $620.71 56 32024207 56 8242 $620.71 19 32025306 19 8242 $620.71 57 32024206 57 8242 $620.71 20 32025305 20 8242 $620.71 58 32024205 58 8242 $620.71 21 32025304 21 8242 $620.71 59 32024204 59 8242 $620.71 22 32025303 22 8242 $620.71 60 32024203 60 8242 $620.71 23 32025302 23 8242 $620.71 61 32024202 61 8242 $620.71 24 32025301 24 8242 $620.71 62 32024201 62 8242 $620.71 25 32025207 25 8242 $620.71 63 32024226 63 8242 $620.71 26 32025208 26 8242 $620.71 64 32024225 64 8242 $620.71 27 32025209 27 8242 $620.71 65 32024224 65 8242 $620.71 28 32025210 28 8242 $620.71 66 32024223 66 8242 $620.71 29 32025201 29 8242 $620.71 67 32024222 67 8242 $620.71 30 32025202 30 8242 $620.71 68 32024221 68 8242 $620.71 31 32025203 31 8242 $620.71 69 32024220 69 8242 $620.71 32 32025204 32 8242 $620.71 70 32024219 70 8242 $620.71 33 32024101 33 8242 $620.71 71 32024218 71 8242 $620.71 34 32024102 34 8242 $620.71 72 32024217 72 8242 $620.71 35 32024103 35 8242 $620.71 73 32024216 73 8242 $620.71 36 32024104 36 8242 $620.71 74 32024215 74 8242 $620.71 37 32024105 37 8242 $620.71 75 32024214 75 8242 $620.71 38 32024106 38 8242 $620.71 76 32024213 76 8242 $620.71

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 8 AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
77 32024212 77 8242 $620.71 126 32026244 126 8242 $620.71 78 32024211 78 8242 $620.71 127 32026245 127 8242 $620.71 79 32025138 79 8242 $620.71 128 32026246 128 8242 $620.71 80 32025137 80 8242 $620.71 130 32026248 130 8242 $620.71 81 32025136 81 8242 $620.71 131 32026249 131 8242 $620.71 82 32025135 82 8242 $620.71 132 32024305 132 8242 $620.71 83 32025134 83 8242 $620.71 133 32024306 133 8242 $620.71 84 32025133 84 8242 $620.71 134 32024307 134 8242 $620.71 85 32025132 85 8242 $620.71 135 32024308 135 8242 $620.71 86 32025131 86 8242 $620.71 136 32024309 136 8242 $620.71 87 32025130 87 8242 $620.71 137 32024310 137 8242 $620.71 88 32025129 88 8242 $620.71 138 32024401 138 8242 $620.71 89 32025128 89 8242 $620.71 139 32024402 139 8242 $620.71 90 32025127 90 8242 $620.71 140 32024403 140 8242 $620.71 91 32025126 91 8242 $620.71 141 32024404 141 8242 $620.71 92 32025125 92 8242 $620.71 142 32024405 142 8242 $620.71 93 32025124 93 8242 $620.71 143 32024406 143 8242 $620.71 94 32025123 94 8242 $620.71 144 32024407 144 8242 $620.71 95 32025122 95 8242 $620.71 145 32026234 145 8242 $620.71 96 32025121 96 8242 $620.71 146 32026235 146 8242 $620.71 97 32025120 97 8242 $620.71 147 32026236 147 8242 $620.71 98 32025119 98 8242 $620.71 148 32026237 148 8242 $620.71 99 32025118 99 8242 $620.71 149 32026238 149 8242 $620.71 100 32025117 100 8242 $620.71 150 32026239 150 8242 $620.71 101 32025116 101 8242 $620.71 151 32026240 151 8242 $620.71 102 32025115 102 8242 $620.71 152 32026241 152 8242 $620.71 103 32024301 103 8242 $620.71 153 32026217 153 8242 $620.71 104 32024302 104 8242 $620.71 154 32026218 154 8242 $620.71 105 32024302 105 8242 $620.71 155 32026319 155 8242 $620.71 106 32024304 106 8242 $620.71 156 32026220 156 8242 $620.71 107 32026250 107 8242 $620.71 157 32026221 157 8242 $620.71 108 32026251 108 8242 $620.71 158 32026227 158 8242 $620.71 109 32026252 109 8242 $620.71 159 32026228 159 8242 $620.71 110 32026253 110 8242 $620.71 160 32026229 160 8242 $620.71 111 32025114 111 8242 $620.71 161 32026230 161 8242 $620.71 112 32025113 112 8242 $620.71 162 32026231 162 8242 $620.71 113 32025112 113 8242 $620.71 163 32026232 163 8242 $620.71 114 32025111 114 8242 $620.71 164 32026233 164 8242 $620.71 115 32025109 115 8242 $620.71 165 32026222 165 8242 $620.71 116 32025108 116 8242 $620.71 166 32026223 166 8242 $620.71 117 32025107 117 8242 $620.71 167 32026224 167 8242 $620.71 118 32025106 118 8242 $620.71 168 32026225 168 8242 $620.71 119 32025105 119 8242 $620.71 169 32026226 169 8242 $620.71 120 32025104 120 8242 $620.71 170 32026206 170 8242 $620.71 121 32025103 121 8242 $620.71 171 32026205 171 8242 $620.71 122 32025102 122 8242 $620.71 172 32026204 172 8242 $620.71 123 32025101 123 8242 $620.71 173 32026203 173 8242 $620.71 124 32026242 124 8242 $620.71 174 32026202 174 8242 $620.71 125 32026243 125 8242 $620.71 175 32026201 175 8242 $620.71 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 9

AD # APN Lot Tract Asmt
176 32026101 176 8242 $620.71
177 32026102 177 8242 $620.71
178 32026103 178 8242 $620.71
179 32026104 179 8242 $620.71
180 32026105 180 8242 $620.71
181 32026106 181 8242 $620.71
182 32026107 182 8242 $620.71
183 32026108 183 8242 $620.71
184 32026109 184 8242 $620.71
185 32026110 185 8242 $620.71
186 32026111 186 8242 $620.71
187 32026112 187 8242 $620.71
188 32026113 188 8242 $620.71
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 10 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 3 is included herein.

The boundaries of the District are described as being the blue border of Tract No. 8242, as shown on a map recorded in Book 428, pages 19 through 24 of Miscellaneous Maps of Orange County, California.

Assessment Parcels 1 through 188 being also Lots 1 through 188 of Tract No. 8242.

Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2025-26. The Assessor's maps and records are incorporated by reference herein and made part of this report.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 3, FY 2025-26 Page 11

Lighting
Maintenance District
No. 4
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26

City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 1
Introduction and Background
Introduction:

Background:

The City Council of the City of Brea adopted Resolution No. 78-7 on January 3, 1978 approving Tentative Tract 9298 and the condition therefore for the improvement of Tentative Tract 9298.

On May 26, 1981, the City Council of the City of Brea by minute motion deleted paragraph AA of PC 91-77 of the Planning Commission of the City of Brea and ordered the creation of a lighting Maintenance District for Street Lighting only. No landscape maintenance requirements are included in this report, as the areas that are landscaped are being maintained by the Homeowners' Association under the requirements of the development upon the sale of any portion of Tentative Tract 9298. The formation of the district and the levy of the first annual assessment were completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.

City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 2
PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:

Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or appurtenant facilities.

City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 3
PART B

MAINTENANCE DISTRICT #4 – ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $1,508
4113 Overtime $102
4243 Engineering $0
4244 Legal $612
4412 Property Tax Collection $0
Fixed Costs Totals $2,222

2. ROUTINE COSTS
4211 Postage $110
4261 Repairs to Equipment $1,020
4337 Electrical Supplies $1,836
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $148
Routine Costs Totals $3,114
Total Costs (Fixed & Routine) $5,336
Est. Fund Balance as of 1-Jul-2025 $18,905
Projected Reserve Balance 30-Jun-2026 $16,329
FY 2025-26 Annual Assessments $2,760
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 4
PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.

ASSESSMENT METHODOLOGY
The Park Paseo Development project (Tract Numbers 10224, 10324, 10325, 10326, 10327 and 9298, all a portion of Tentative Tract No. 9298 in the City of Brea) was developed under conditions of development as required by the City Council of the City of Brea.

The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$2,760 / 230 SFR’s = $12.00 / SFR
City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 5
PART D

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 32027131 1 10224 $12.00 41 32027156 10 10324 $12.00 81 32029208 19 10325 $12.00 2 32027130 2 10224 $12.00 42 32027157 11 10324 $12.00 82 32029209 20 10325 $12.00 3 32027129 3 10224 $12.00 43 32027158 12 10324 $12.00 83 32029210 21 10325 $12.00 4 32027128 4 10224 $12.00 44 32027159 13 10324 $12.00 84 32029211 22 10325 $12.00 5 32027127 5 10224 $12.00 45 32027160 14 10324 $12.00 85 32029212 23 10325 $12.00 6 32027126 6 10224 $12.00 46 32027161 15 10324 $12.00 86 32029213 24 10325 $12.00 7 32027125 7 10224 $12.00 47 32027162 16 10324 $12.00 87 32029214 25 10325 $12.00 8 32027124 8 10224 $12.00 48 32027163 17 10324 $12.00 88 32029215 26 10325 $12.00 9 32027123 9 10224 $12.00 49 32027164 18 10324 $12.00 89 32029201 27 10325 $12.00 10 32027122 10 10224 $12.00 50 32027165 19 10324 $12.00 90 32029202 28 10325 $12.00 11 32027121 11 10224 $12.00 51 32027166 20 10324 $12.00 91 32029203 29 10325 $12.00 12 32027120 12 10224 $12.00 52 32027167 21 10324 $12.00 92 32029204 30 10325 $12.00 13 32027119 13 10224 $12.00 53 32027178 1 11827 $12.00 93 32029205 31 10325 $12.00 14 32027118 14 10224 $12.00 54 32027179 2 11827 $12.00 94 32029206 32 10325 $12.00 15 32027117 15 10224 $12.00 55 32027180 3 11827 $12.00 95 32029207 33 10325 $12.00 16 32027116 16 10224 $12.00 56 32029143 4 11827 $12.00 96 32029112 34 10325 $12.00 17 32027115 17 10224 $12.00 57 32029145 5 11827 $12.00 97 32029148 10 11827 $12.00 18 32027114 18 10224 $12.00 58 32029144 6 11827 $12.00 98 32029149 9 11827 $12.00 19 32027113 19 10224 $12.00 59 32029102 28 10324 $12.00 99 32029150 19 11827 $12.00 20 32027112 20 10224 $12.00 60 32029107 29 10324 $12.00 100 32029151 12 11827 $12.00 21 32027111 21 10224 $12.00 61 32029147 7 11827 $12.00 101 32029152 11 11827 $12.00 22 32027110 22 10224 $12.00 62 32029146 8 11827 $12.00 102 32029253 1 10326 $12.00 23 32027109 23 10224 $12.00 63 32029235 1 10325 $12.00 103 32029254 2 10326 $12.00 24 32027108 24 10224 $12.00 64 32029236 2 10325 $12.00 104 32029255 3 10326 $12.00 25 32027107 25 10224 $12.00 65 32029237 3 10325 $12.00 105 32029256 4 10326 $12.00 26 32027106 26 10224 $12.00 66 32029238 4 10325 $12.00 106 32029257 5 10326 $12.00 27 32027105 27 10224 $12.00 67 32029239 5 10325 $12.00 107 32029258 6 10326 $12.00 28 32027104 28 10224 $12.00 68 32029231 6 10325 $12.00 108 32029246 7 10326 $12.00 29 32027103 29 10224 $12.00 69 32029232 7 10325 $12.00 109 32029247 8 10326 $12.00 30 32027102 30 10224 $12.00 70 32029233 8 10325 $12.00 110 32029248 9 10326 $12.00 31 32027101 31 10224 $12.00 71 32029234 9 10325 $12.00 111 32029249 10 10326 $12.00 32 32027147 1 10324 $12.00 72 32029216 10 10325 $12.00 112 32029250 11 10326 $12.00 33 32027148 2 10324 $12.00 73 32029217 11 10325 $12.00 113 32029251 12 10326 $12.00 34 32027149 3 10324 $12.00 74 32029218 12 10325 $12.00 114 32029252 13 10326 $12.00 35 32027150 4 10324 $12.00 75 32029219 13 10325 $12.00 115 32029240 14 10326 $12.00 36 32027151 5 10324 $12.00 76 32029220 14 10325 $12.00 116 32029241 15 10326 $12.00 37 32027152 6 10324 $12.00 77 32029221 15 10325 $12.00 117 32029242 16 10326 $12.00 38 32027153 7 10324 $12.00 78 32029222 16 10325 $12.00 118 32029243 17 10326 $12.00 39 32027154 8 10324 $12.00 79 32029223 17 10325 $12.00 119 32029244 18 10326 $12.00 40 32027155 9 10324 $12.00 80 32029224 18 10325 $12.00 120 32029245 19 10326 $12.00 City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
121 32029225 20 10326 $12.00 179 32031369 3 9298 $12.00 122 32029226 21 10326 $12.00 180 32031368 4 9298 $12.00 123 32029227 22 10326 $12.00 181 32031367 5 9298 $12.00 124 32029228 23 10326 $12.00 182 32031366 6 9298 $12.00 125 32029229 24 10326 $12.00 183 32031365 7 9298 $12.00 126 32029230 25 10326 $12.00 184 32031364 8 9298 $12.00 127 32029153 16 11827 $12.00 185 32031363 9 9298 $12.00 128 32029154 15 11827 $12.00 186 32031362 10 9298 $12.00 129 32029155 14 11827 $12.00 187 32031361 11 9298 $12.00 130 32029156 17 11827 $12.00 188 32031360 12 9298 $12.00 131 32029122 30 10326 $12.00 189 32031359 13 9298 $12.00 132 32029123 31 10326 $12.00 190 32031358 14 9298 $12.00 133 32029124 32 10326 $12.00 191 32031357 15 9298 $12.00 134 32029125 33 10326 $12.00 192 32031356 16 9298 $12.00 135 32029126 34 10326 $12.00 193 32031355 17 9298 $12.00 136 32031320 1 10327 $12.00 194 32031354 18 9298 $12.00 137 32031319 2 10327 $12.00 195 32031353 19 9298 $12.00 138 32031101 3 10327 $12.00 196 32031352 20 9298 $12.00 139 32031102 4 10327 $12.00 197 32031351 21 9298 $12.00 140 32031103 5 10327 $12.00 198 32031350 22 9298 $12.00 141 32031104 6 10327 $12.00 199 32031349 23 9298 $12.00 142 32029402 7 10327 $12.00 200 32031348 24 9298 $12.00 143 32029401 8 10327 $12.00 201 32031347 25 9298 $12.00 144 32029263 9 10327 $12.00 202 32031346 26 9298 $12.00 145 32029262 10 10327 $12.00 203 32031345 27 9298 $12.00 146 32029259 11 10327 $12.00 204 32031344 28 9298 $12.00 147 32029260 12 10327 $12.00 205 32031343 29 9298 $12.00 148 32029261 13 10327 $12.00 206 32031342 30 9298 $12.00 149 32029404 14 10327 $12.00 207 32031341 31 9298 $12.00 150 32029403 15 10327 $12.00 208 32031340 32 9298 $12.00 151 32031105 16 10327 $12.00 209 32031339 33 9298 $12.00 152 32031106 17 10327 $12.00 210 32031338 34 9298 $12.00 153 32031107 18 10327 $12.00 211 32031337 35 9298 $12.00 154 32029127 19 10327 $12.00 212 32031336 36 9298 $12.00 155 32029128 20 10327 $12.00 213 32031335 37 9298 $12.00 156 32029129 21 10327 $12.00 214 32031334 38 9298 $12.00 157 32029130 22 10327 $12.00 215 32031333 39 9298 $12.00 158 32029131 23 10327 $12.00 216 32031332 40 9298 $12.00 159 32031301 24 10327 $12.00 217 32031331 41 9298 $12.00 160 32031302 25 10327 $12.00 218 32031401 42 9298 $12.00 161 32031303 26 10327 $12.00 219 32031402 43 9298 $12.00 162 32031304 27 10327 $12.00 220 32031403 44 9298 $12.00 163 32031305 28 10327 $12.00 221 32031404 45 9298 $12.00 164 32031306 29 10327 $12.00 222 32031405 46 9298 $12.00 165 32031307 30 10327 $12.00 223 32031406 47 9298 $12.00 166 32031308 31 10327 $12.00 224 32031407 48 9298 $12.00 167 32031309 32 10327 $12.00 225 32031408 49 9298 $12.00 168 32031390 33 10327 $12.00 226 32031409 50 9298 $12.00 169 32031389 34 10327 $12.00 227 32031410 51 9298 $12.00 170 32031312 35 10327 $12.00 228 32031411 52 9298 $12.00 171 32031313 36 10327 $12.00 229 32031412 53 9298 $12.00 172 32031314 37 10327 $12.00 230 32031413 54 9298 $12.00 173 32031315 38 10327 $12.00
174 32031316 39 10327 $12.00
175 32031318 40 10327 $12.00
176 32031317 41 10327 $12.00
177 32031371 1 9298 $12.00
178 32031370 2 9298 $12.00
City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 4 is included herein.

District No. 4 is generally located east of the Orange Freeway, North of Birch Street and the Southern Pacific Railroad right of way and South and West of Associated Road. The lands within the District boundaries include Tract 10224, Tract 10324, Tract 10325, Tract 10326, Tract 10327 and Tract 9298 in the City of Brea, County of Orange, State of California. The entire Project is commonly known as "Park Paseo" project in the City of Brea.

The boundaries of the District are described as the North line of Tract 10224, the Easterly line of Tracts 10224 and Tract 10324, the Northerly line of Tracts 10326, Tract 10327 and Tract 9298, the Easterly line of Tract 9298 together with the South line of Tract 9298 and the Southerly line of Tract 10327, Tract 10326, Tract 10325, Tract 10324 and the West line and North line of Tract 10324 in the City of Brea, County of Orange, State of California.

City of Brea April 15, 2025
Lighting Maintenance District No. 4, FY 2025-26 Page 8
City of Brea April 15, 2025
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Landscape and Lighting
Maintenance District
No. 5
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26

TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background ................................................ 1 Part A - Plans and Specifications .......................................... 2 Part B - Estimate of Cost ....................................................... 3 Part C - Method of Apportionment of Assessment ............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary ................................. 8

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 1 Introduction and Background
Introduction:

Background:

On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 82- 57 creating Landscape and Lighting Maintenance District No. 5 in the City of Brea.

The creating of Landscape and Lighting Maintenance District No. 5 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as "Canyon Country," and Tentative Tract No. 9414, known as "Canyondale." In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 2 PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:

Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 3 PART B

MAINTENANCE DISTRICT # 5 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $17,450
4113 Overtime $150
4243 Engineering $0
4244 Legal $77
4412 Property Tax Collection $143
Fixed Costs Totals $17,820

2. ROUTINE COSTS
4211 Postage $58
4249 Svc & Repair Equipment $50,000
4261 Repairs to Equipment $1,500
4266 Contract Services/Grounds Maintenance $33,725
4269 Equipment Service-Other $1,000
4282 Electricity $1,200
4285 Water $30,000
4337 Electrical Supplies & Parts $1,200
4339 Construction & Maintenance/Other $0
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,868
Routine Costs Totals $120,551
Total Costs (Fixed & Routine) $138,371
Est. Fund Balance as of 1-Jul-2025 $133,272
Projected Reserve Balance 30-Jun-2026 $117,206
FY 2025-26 Annual Assessments $122,305
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 4 PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

The ongoing operation and maintenance of the street landscaping, slopes and greenways within the City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 5 district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.

ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$122,305.55 / 113 SFR’s = $1,082.35 / SFR
This assessment rate is not considered a maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2025-26 is 3.3%.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $679.00 / SFR
FY 2004-05 1.8% $691.22 / SFR
FY 2005-06 4.4% $721.64 / SFR
FY 2006-07 4.5% $754.11 / SFR
FY 2007-08 4.3% $786.54 / SFR
FY 2008-09 3.3% $812.50 / SFR
FY 2009-10 3.5% $840.94 / SFR
FY 2010-11 0% $840.94 / SFR
FY 2011-12 1.2% $851.03 / SFR
FY 2012-13 2.7% $874.00 / SFR
FY 2013-14 2% $891.48 / SFR
FY 2014-15 1.1% $901.28 / SFR
FY 2015-16 .7% $907.59 / SFR
FY 2016-17 2% $925.74 / SFR
FY 2017-18 1.9% $943.33 / SFR
FY 2018-19 2.8% $969.74 / SFR
FY 2019-20 3.2% $1000.77 / SFR
FY 2020-21 3.1% $1031.79 / SFR
FY 2021-22 1.6% $1048.30 / SFR
FY 2022-23 6.5% $1116.44 / SFR
FY 2023-24 4.9% $1171.15 / SFR
FY 2024-25 3.5% $1212.14 / SFR
FY 2025-26 3.3% $1252.14 / SFR
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 7 PART D

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30604102 1 9111 $1082.35 41 30604210 27 9473 $1082.35 81 30605318 18 9414 $1082.35 2 30604103 2 9111 $1082.35 42 30604209 28 9473 $1082.35 82 30605319 19 9414 $1082.35 3 30604104 3 9111 $1082.35 43 30604208 29 9473 $1082.35 83 30605320 20 9414 $1082.35 4 30604105 4 9111 $1082.35 44 30604207 30 9473 $1082.35 84 30605321 21 9414 $1082.35 5 30604106 5 9111 $1082.35 45 30604206 31 9473 $1082.35 85 30605322 22 9414 $1082.35 6 30604107 6 9111 $1082.35 46 30604205 32 9473 $1082.35 86 30605323 23 9414 $1082.35 7 30604108 7 9111 $1082.35 47 30604204 33 9473 $1082.35 87 30605324 24 9414 $1082.35 8 30604109 8 9111 $1082.35 48 30604203 34 9473 $1082.35 88 30605325 25 9414 $1082.35 9 30604110 9 9111 $1082.35 49 30604202 35 9473 $1082.35 89 30605326 26 9414 $1082.35 10 30604111 10 9111 $1082.35 50 30604201 36 9473 $1082.35 90 30605327 27 9414 $1082.35 11 30604112 11 9111 $1082.35 51 30604301 37 9473 $1082.35 91 30605328 28 9414 $1082.35 12 30604113 12 9111 $1082.35 52 30604302 38 9473 $1082.35 92 30605329 29 9414 $1082.35 13 30604114 13 9111 $1082.35 53 30604303 39 9473 $1082.35 93 30605330 30 9414 $1082.35 14 30604115 14 9111 $1082.35 54 30604304 40 9473 $1082.35 94 30605331 31 9414 $1082.35 15 30604502 1 9473 $1082.35 55 30604305 41 9473 $1082.35 95 30605103 32 9414 $1082.35 16 30604501 2 9473 $1082.35 56 30604306 42 9473 $1082.35 96 30605102 33 9414 $1082.35 17 30604415 3 9473 $1082.35 57 30604307 43 9473 $1082.35 97 30605101 34 9414 $1082.35 18 30604414 4 9473 $1082.35 58 30604308 44 9473 $1082.35 98 30605201 35 9414 $1082.35 19 30604413 5 9473 $1082.35 59 30604309 45 9473 $1082.35 99 30605202 36 9414 $1082.35 20 30604412 6 9473 $1082.35 60 30604310 46 9473 $1082.35 100 30605203 37 9414 $1082.35 21 30604411 7 9473 $1082.35 61 30604311 47 9473 $1082.35 101 30605204 38 9414 $1082.35 22 30604410 8 9473 $1082.35 62 30604312 48 9473 $1082.35 102 30605205 39 9414 $1082.35 23 30604409 9 9473 $1082.35 63 30604313 49 9473 $1082.35 103 30605206 40 9414 $1082.35 24 30604408 10 9473 $1082.35 64 30605301 1 9414 $1082.35 104 30605207 41 9414 $1082.35 25 30604407 11 9473 $1082.35 65 30605302 2 9414 $1082.35 105 30605208 42 9414 $1082.35 26 30604406 12 9473 $1082.35 66 30605303 3 9414 $1082.35 106 30605209 43 9414 $1082.35 27 30604405 13 9473 $1082.35 67 30605304 4 9414 $1082.35 107 30605210 44 9414 $1082.35 28 30604404 14 9473 $1082.35 68 30605305 5 9414 $1082.35 108 30605211 45 9414 $1082.35 29 30604403 15 9473 $1082.35 69 30605306 6 9414 $1082.35 109 30605212 46 9414 $1082.35 30 30604402 16 9473 $1082.35 70 30605307 7 9414 $1082.35 110 30605213 47 9414 $1082.35 31 30604401 17 9473 $1082.35 71 30605308 8 9414 $1082.35 111 30605214 48 9414 $1082.35 32 30604219 18 9473 $1082.35 72 30605309 9 9414 $1082.35 112 30605215 49 9414 $1082.35 33 30604218 19 9473 $1082.35 73 30605310 10 9414 $1082.35 113 30605216 50 9414 $1082.35 34 30604217 20 9473 $1082.35 74 30605311 11 9414 $1082.35 35 30604216 21 9473 $1082.35 75 30605312 12 9414 $1082.35 36 30604215 22 9473 $1082.35 76 30605313 13 9414 $1082.35 37 30604214 23 9473 $1082.35 77 30605314 14 9414 $1082.35 38 30604213 24 9473 $1082.35 78 30605315 15 9414 $1082.35 39 30604212 25 9473 $1082.35 79 30605316 16 9414 $1082.35 40 30604211 26 9473 $1082.35 80 30605317 17 9414 $1082.35 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 5 is included herein.

District No. 5 is generally located east of Brea Boulevard and north of State College Boulevard, and includes Tract Nos. 9111, 9414 and 9473.

District No. 5 includes all properties in the City of Brea located within the tract boundary of Tract No. 9111 recorded in Book 374, Pages 24, 25 and 26 of Tract No. 9414 recorded in Book 409, Pages 8 and 9, and of Tract No. 9473 recorded in Book 291, Pages 26, 27 and 28 all of Miscellaneous Maps, records of Orange County, California.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 9 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 10 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 11 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 5, FY 2025-26 Page 12

Landscape and Lighting
Maintenance District
No. 6
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26

TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background ................................................ 1 Part A - Plans and Specifications .......................................... 2 Part B - Estimate of Cost ....................................................... 3 Part C - Method of Apportionment of Assessment ............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary ................................. 8

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 1 Introduction and Background
Introduction:

Background:

On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 83- 58 creating Landscape and Lighting Maintenance District No. 6 in the City of Brea.

The creating of Landscape and Lighting Maintenance District No. 6 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project.

In FY 2005-06, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 2 PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:

Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 3 PART B

MAINTENANCE DISTRICT # 6 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $16,045
4113 Overtime $150
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $449
Fixed Costs Totals $16,719

2. ROUTINE COSTS
4211 Postage $152
4249 Professional Svc-Other $60,000
4261 Repairs to Equipment $5,100
4266 Contract Services/Grounds Maintenance $78,050
4269 Equipment Service-Other $2,040
4282 Electricity $2,800
4285 Water $70,000
4337 Electrical Supplies & Parts $2,040
4339 Construction & Maintenance/Other $1,000
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,792
Routine Costs Totals $222,974
Total Costs (Fixed & Routine) $239,693
Est. Fund Balance as of 1-Jul-2025 $271,309
Projected Reserve Balance 30-Jun-2026 $267,913
FY 2025-26 Annual Assessments $236,297
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.

Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 4 PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$236,297.25 / 135 SFR's = $1,750.35 / SFR
This assessment rate is not the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2025-26 is 3.3%.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2005-06 $1350.00 / SFR
FY 2006-07 4.5% $1411.00 / SFR
FY 2007-08 4.3% $1472.00 / SFR
FY 2008-09 3.3% $1521.00 / SFR
FY 2009-10 3.5% $1574.24 / SFR
FY 2010-11 0% $1574.24 / SFR
FY 2011-12 1.2% $1593.13 / SFR
FY 2012-13 2.7% $1636.14 / SFR
FY 2013-14 2% $1668.86 / SFR
FY 2014-15 1.1% $1676.22 / SFR
FY 2015-16 .7% $1687.95 / SFR
FY 2016-17 2% $1721.71 / SFR
FY 2017-18 1.9% $1754.42 / SFR
FY 2018-19 2.8% $1803.54 / SFR
FY 2019-20 3.2% $1861.25 / SFR
FY 2020-21 3.1% $1918.95 / SFR
FY 2021-22 1.6% $1949.65 / SFR
FY 2022-23 6.5% $2076.38 / SFR
FY 2023-24 4.9% $2180.07 / SFR
FY 2024-25 3.5% $2256.37 / SFR
FY 2025-26 3.3% $2330.83 / SFR
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 6 PART D

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD # APN Lot Tract Asmt
1 30606101 1 9531 $1,750.35
2 30606102 2 9531 $1,750.35
3 30606103 3 9531 $1,750.35
4 30606104 4 9531 $1,750.35
5 30606105 5 9531 $1,750.35
6 30606106 6 9531 $1,750.35
7 30606107 7 9531 $1,750.35
8 30606201 8 9531 $1,750.35
9 30606202 9 9531 $1,750.35
10 30606203 10 9531 $1,750.35
11 30606205 11 9531 $1,750.35
12 30606206 12 9531 $1,750.35
13 30606207 13 9531 $1,750.35
14 30606208 14 9531 $1,750.35
15 30606209 15 9531 $1,750.35
16 30606211 16 9531 $1,750.35
17 30606213 17 9531 $1,750.35
18 30606214 18 9531 $1,750.35
19 30606215 19 9531 $1,750.35
20 30603236 20 9531 $1,750.35
21 30606235 21 9531 $1,750.35
22 30606218 22 9531 $1,750.35
23 30603220 23 9531 $1,750.35
24 30603221 24 9531 $1,750.35
25 30603222 25 9531 $1,750.35
26 30603223 26 9531 $1,750.35
27 30603224 27 9531 $1,750.35
28 30606307 28 9531 $1,750.35
29 30606308 29 9531 $1,750.35
30 30606303 30 9531 $1,750.35
31 30606304 31 9531 $1,750.35
32 30606305 32 9531 $1,750.35
33 30606306 33 9531 $1,750.35
34 30603225 34 9531 $1,750.35
35 30606226 35 9531 $1,750.35
36 30606227 36 9531 $1,750.35
37 30606234 37 9531 $1,750.35
38 30606233 38 9531 $1,750.35

AD # APN Lot Tract Asmt
39 30606232 39 9531 $1,750.35
40 30606231 40 9531 $1,750.35
41 30606230 41 9532 $1,750.35
42 30606229 42 9532 $1,750.35
43 30608102 43 9532 $1,750.35
44 30608103 44 9532 $1,750.35
45 30608104 45 9532 $1,750.35
46 30608105 46 9532 $1,750.35
47 30608106 47 9532 $1,750.35
48 30608107 48 9532 $1,750.35
49 60608108 49 9532 $1,750.35
50 30608110 50 9532 $1,750.35
51 30608111 51 9532 $1,750.35
52 30608112 52 9532 $1,750.35
53 30608113 53 9532 $1,750.35
54 30608114 54 9532 $1,750.35
55 30608115 55 9532 $1,750.35
56 30608116 56 9532 $1,750.35
57 30608117 57 9532 $1,750.35
58 30608118 58 9532 $1,750.35
59 30608129 59 9532 $1,750.35
60 30608128 60 9532 $1,750.35
61 30608121 61 9532 $1,750.35
62 30608122 62 9532 $1,750.35
63 30608221 63 9532 $1,750.35
64 30608220 64 9532 $1,750.35
65 30608219 65 9532 $1,750.35
66 30608218 66 9532 $1,750.35
67 30608217 67 9532 $1,750.35
68 30608216 68 9532 $1,750.35
69 30608215 69 9532 $1,750.35
70 30608214 70 9532 $1,750.35
71 30608213 71 9532 $1,750.35
72 30608212 72 9532 $1,750.35
73 30608211 73 9532 $1,750.35
74 30608210 74 9532 $1,750.35
75 30608209 75 9532 $1,750.35
76 30608208 76 9532 $1,750.35

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 7 AD # APN Lot Tract Asmt
77 30608227 77 9532 $1,750.35
78 30608226 78 9532 $1,750.35
79 30608225 79 9532 $1,750.35
80 30608224 80 9532 $1,750.35
81 30608223 81 9532 $1,750.35
82 30608202 82 9532 $1,750.35
83 30608201 83 9532 $1,750.35
84 30607301 84 8820 $1,750.35
85 30607302 85 8820 $1,750.35
86 30607332 86 8820 $1,750.35
87 30607304 87 8820 $1,750.35
88 30607305 88 8820 $1,750.35
89 30607306 89 8820 $1,750.35
90 30607307 90 8820 $1,750.35
91 30607308 91 8820 $1,750.35
92 30607309 92 8820 $1,750.35
93 30607333 93 8820 $1,750.35
94 30607311 94 8820 $1,750.35
95 30607312 95 8820 $1,750.35
96 30607334 96 8820 $1,750.35
97 30607335 97 8820 $1,750.35
98 30607336 98 8820 $1,750.35
99 30607316 99 8820 $1,750.35
100 30607317 100 8820 $1,750.35
101 30607318 101 8820 $1,750.35
102 30607319 102 8820 $1,750.35
103 30607320 103 8820 $1,750.35
104 30607321 104 8820 $1,750.35
105 30607322 105 8820 $1,750.35
106 30607323 106 8820 $1,750.35

AD # APN Lot Tract Asmt
107 30607324 107 8820 $1,750.35
108 30607204 108 8820 $1,750.35
109 30607203 109 8820 $1,750.35
110 30607202 110 8820 $1,750.35
111 30607201 111 8820 $1,750.35
112 30607205 112 8820 $1,750.35
113 30607206 113 8820 $1,750.35
114 30607207 114 8820 $1,750.35
115 30607208 115 8820 $1,750.35
116 30607209 116 8820 $1,750.35
117 30607210 117 8820 $1,750.35
118 30607211 118 8820 $1,750.35
119 30607212 119 8820 $1,750.35
120 30607213 120 8820 $1,750.35
121 30607325 121 8820 $1,750.35
122 30607326 122 8820 $1,750.35
123 30607327 123 8820 $1,750.35
124 30607328 124 8820 $1,750.35
125 30607329 125 8820 $1,750.35
126 30607330 126 8820 $1,750.35
127 30607110 127 8820 $1,750.35
128 30607109 128 8820 $1,750.35
129 30607108 129 8820 $1,750.35
130 30607107 130 8820 $1,750.35
131 30607106 131 8820 $1,750.35
132 30607105 132 8820 $1,750.35
133 30607104 133 8820 $1,750.35
134 30607103 134 8820 $1,750.35
135 30607102 135 8820 $1,750.35

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 6 is included herein.

District No. 6 includes all the properties in the City of Brea located within the tract boundary of Tract No. 8820, recorded in Book 454, Pages 19 through 24 inclusive, Tract No. 9531 recorded in Book 423, Pages 24 through 28 inclusive, and Tract No. 9532 recorded in Book 454, Pages 25 through 28, all of Miscellaneous Maps, records of Orange County, California.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 9 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 10 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 11 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 12 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 13 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 14 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 15 City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 6, FY 2025-26 Page 16

Landscape and Lighting
Maintenance District
No. 7
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2025-26
Submitted by:

Michael Ho
Director of Public Works
April 15, 2025
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26

TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background ................................................ 1 Part A - Plans and Specifications .......................................... 2 Part B - Estimate of Cost ....................................................... 3 Part C - Method of Apportionment of Assessment ............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary ................................. 8

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 1 Introduction and Background
Introduction:

Background:

On August 1, 1995 the City Council of the City of Brea adopted and approved Resolution No. 95-85 creating Landscape and Lighting Maintenance District No. 7 in the City of Brea.

The creating of Landscape and Lighting Maintenance District No. 7 in the City of Brea was a requirement of the City of Brea for the development of Tract Nos. 14658, 14657, 15670 and 14656.

The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on August 1, 1995.

In FY 2007-08, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 2 PART A

PLANS AND SPECIFICATIONS
The facilities, which consist of slopes and greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:

Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 3 PART B

MAINTENANCE DISTRICT # 7 - ANNUAL COST FACTORS

Acct # Description FY 25-26 Est.

1. Fixed Costs Expenses
4111 Salaries & Benefits $6,454
4113 Overtime $150
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $105
Fixed Costs Totals $6,784

2. ROUTINE COSTS
4211 Postage $47
4249 Professional Svc-Other $5,000
4261 Svc & Repair Equip (4261) $102
4266 Contract Grounds Maintenance $14,514
4269 Bldg. & Equipment Svc $102
4285 Water $8,000
4337 Electrical Supplies $200
4339 Construction & Maintenance $0
5800 Insurance and Other Expenses $517
Routine Costs Totals $28,482
Total Costs (Fixed & Routine) $35,266
Est. Fund Balance as of 1-Jul-2025 $12,057
Projected Reserve Balance 30-Jun-2026 $11,838
FY 2025-26 Annual Assessments $35,047
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.

Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 4 PART C

METHOD OF APPORTIONMENT OF ASSESSMENT

ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$35,047.68 / 96 SFR’s = $365.08 / SFR
This assessment rate is the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2025-26 is 3.3%.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2007-08 $245.00 / SFR
FY 2008-09 3.3% $253.05 / SFR
FY 2009-10 3.5% $261.91 / SFR
FY 2010-11 0% $261.91 / SFR
FY 2011-12 1.2% $265.05 / SFR
FY 2012-13 2.7% $272.21 / SFR
FY 2013-14 2% $277.65 / SFR
FY 2014-15 1.1% $280.70 / SFR
FY 2015-16 .7% $282.66 / SFR
FY 2016-17 2% $288.31 / SFR
FY 2017-18 1.9% $293.79 / SFR
FY 2018-19 2.8% $302.02 / SFR
FY 2019-20 3.2% $311.68 / SFR
FY 2020-21 3.1% $321.34 / SFR
FY 2021-22 1.6% $326.48 / SFR
FY 2022-23 6.5% $347.70 / SFR
FY 2023-24 4.9% $365.08 / SFR
FY 2024-25 3.5% $377.86 / SFR
FY 2025-26 3.3% $390.33 / SFR
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 6 PART D

The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.

AD# APN Lot Tract Asmt AD# APN Lot Tract Asmt
1 29646113 1 14658 $365.08 39 29643133 18 14657 $365.08 2 29643114 2 14658 $365.08 40 29633150 1 15070 $365.08
3 29643115 3 14658 $365.08 41 29633149 2 15070 $365.08
4 29643116 4 14658 $365.08 42 29633148 3 15070 $365.08
5 29643117 5 14658 $365.08 43 29633147 4 15070 $365.08
6 29643118 6 14658 $365.08 44 29633146 5 15070 $365.08
7 29643119 7 14658 $365.08 45 29633145 6 15070 $365.08
8 29643120 8 14658 $365.08 46 29633144 7 15070 $365.08
9 29643121 9 14658 $365.08 47 29643143 8 15070 $365.08
10 29643101 10 14658 $365.08 48 29633141 9 15070 $365.08 11 29643102 11 14658 $365.08 49 29633140 10 15070 $365.08 12 29643103 12 14658 $365.08 50 29633139 11 15070 $365.08 13 29643104 13 14658 $365.08 51 29633138 12 15070 $365.08 14 29643105 14 14658 $365.08 52 29633137 13 15070 $365.08 15 29643106 15 14658 $365.08 53 29633134 14 15070 $365.08 16 29643107 16 14658 $365.08 54 29633133 15 14657 $365.08 17 29643108 17 14658 $365.08 55 29633132 16 14657 $365.08 18 29643109 18 14658 $365.08 56 29633131 17 14657 $365.08 19 29643110 19 14658 $365.08 57 29633130 18 14657 $365.08 20 29643111 20 14658 $365.08 58 29633129 19 14657 $365.08 21 29643112 21 14658 $365.08 59 29633128 20 14657 $365.08 22 29643134 1 14657 $365.08 60 29633126 21 14657 $365.08 23 29643135 2 14657 $365.08 61 29633125 22 14657 $365.08 24 29643136 3 14657 $365.08 62 29633124 23 14657 $365.08 25 29643137 4 14657 $365.08 63 29633123 24 14657 $365.08 26 29643138 5 14657 $365.08 64 29633122 25 14657 $365.08 27 29643139 6 14657 $365.08 65 29633121 26 14657 $365.08 28 29643140 7 14657 $365.08 66 29633120 27 14657 $365.08 29 29643141 8 14657 $365.08 67 29644104 1 14656 $365.08 30 29643142 9 14657 $365.08 68 29644105 2 14656 $365.08 31 29643143 10 14657 $365.08 69 29644106 3 14656 $365.08 32 29643126 11 14657 $365.08 70 29644107 44 14656 $365.08 33 29643127 12 14657 $365.08 71 29644108 5 14656 $365.08 34 29643128 13 14657 $365.08 72 29644109 6 14656 $365.08 35 29643129 14 14657 $365.08 73 29644110 7 14656 $365.08 36 29643130 15 14657 $365.08 74 29644111 8 14656 $365.08 37 29643131 16 14657 $365.08 75 29644112 9 14656 $365.08 38 29643132 17 14657 $365.08 76 29644113 10 14656 $365.08

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 7

AD# APN Lot Tract Asmt
77 29644114 11 14656 $365.08
78 29644115 12 14656 $365.08
79 29644116 13 14656 $365.08
80 29644117 14 14656 $365.08
81 29644118 15 14656 $365.08
82 29644119 16 14656 $365.08
83 29644120 17 14656 $365.08
84 29644121 18 14656 $365.08
85 29644122 19 14656 $365.08
86 29644123 20 14656 $365.08
87 29644124 21 14656 $365.08
88 29644125 22 14656 $365.08
89 29644126 23 14656 $365.08
90 29644127 24 14656 $365.08
91 29644128 25 14656 $365.08
92 29644129 26 14656 $365.08
93 29644130 27 14656 $365.08
94 29644101 28 14656 $365.08
95 29644102 29 14656 $365.08
96 29644103 30 14656 $365.08
City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 7 is included herein.

District No. 7 includes all properties in the City of Brea located within the tract boundary of Tract No. 14658 recorded in Book 724, Pages 9 through 11, of Tract No. 14657 recorded in Book 733, Pages 15, 16, and 17, and of Tract Nos. 15070 and 14656 of Miscellaneous Maps, records of Orange County, California.

City of Brea April 15, 2025
Landscape & Lighting Maintenance District No. 7, FY 2025-26 Page 9 City of Brea
City Council Regular Meeting Communication
Monthly Report of Investments for the City of Brea for Period Ended March 31, 2025 Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
CONSENT CALENDAR Item: 4E.

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

RECOMMENDATION
Staff Recommends that the City Council take the following action.

1. Receive and file the Monthly Report of Investments.

BACKGROUND/DISCUSSION
The Monthly Report of Investments is prepared in accordance with Government Code Sections (GCS) 41004 and 53607 and contains information on the City's investment activities for the month of March. Cash for day-to-day activities is deposited in the demand and interest-bearing checking accounts. The Local Agency Investment Fund (LAIF) is used for short-term investments and functions like a savings account. In addition, on June 6, 2023, with the recommendation of the Investment Advisory Committee, the City Council authorized the use of Treasury Bills and other short-term investments (City Liquidity account) as a LAIF alternative. The City’s investment portfolio is for long-term investments and is managed through Chandler Asset Management (Chandler). Together, the short and long-term investment accounts represent the City’s investment portfolio.

Attachment A includes an Investment Information Summary and Monthly Account Statement prepared by Chandler. The book value represents the cost of investments, plus or minus amortization/accretion. As of March 31, 2025, the total market value of the managed investment portfolio, including accrued interest, was $95,911,575 as compared to $95,452,135 at February 28, 2025. The weighted average investment yield for March 31, 2025 was 3.64%, which was slightly higher than the prior month. The City’s Local Agency Investment Fund (LAIF) had a total market value, including accrued interest of $20,102,170 at March 31, 2025. Also, the balance of the City's Liquidity account at March 31, 2025 was $3,329, which brings the total value of the City’s investment portfolio as of March 31, 2025 to $116,017,074 as compared to the balance of $112,985,255 at February 28, 2025.

The City has restricted cash and investments held in the post-employment benefits trust accounts for both Pension and Other Post Employment Benefits (OPEB) administered by PARS (PARS accounts), which are managed by PFM Asset Management (PFM) and the City's various bond reserve accounts which are managed by Chandler. Attachment A includes monthly statements from US Bank for the PARS accounts, as well as a portfolio report from Chandler for each bond reserve account that is invested. As of March 31, 2025, the market value of the PARS pension account, including short-term cash and accrued interest was $12,206,177 as compared to $12,531,852 from the prior month. The OPEB account had a market value of $442,770 as compared to $453,068 from the prior month. All other restricted cash investments (bond reserve accounts), including short-term cash and accrued interest, was $747,166 in comparison to $862,780 from the prior month.

Pursuant to the City's investment policy, with the exception of LAIF, direct time certificates of deposit and money market mutual funds, all City investments are held by third-party custodians. The Bank of New York Mellon Trust Company, N.A. (BNY) holds accounts managed by Chandler and US Bank holds the PARS accounts managed by PFM which acts as an agent of the City. All securities are held in the name of the City of Brea. The City of Brea has sufficient cash flow to meet its expected expenditures for the next six months.

Attachments

FISCAL IMPACT/SUMMARY
During the month of March, the overall City portfolio increased by $3,031,819. This significant increase was the result of the receipt of sales and property taxes, as well as an increase of $459,440 in the portfolio due to favorable market rate conditions. The City's PARS accounts decreased by $325,675 and $10,298 due to market rate adjustments. Additionally, the bond reserve accounts decreased by $115,614 due to payments sent to the bondholders for the Olinda Heights and Brea Plaza Public Improvements, which were due on March 1, 2025.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Faith Madrazo, Financial Services Manager, Revenue Concurrence: Monica Lo, Administrative Services Director Attachment A - City March 2025.pdf
City of Brea
Cash and Investment Information
Book Market
Value Value*
Demand and Interest-Bearing Checking Accounts Citizen's Bank $ 4,961,651.56 $ 4,961,651.56 Local Agency Investment Fund LAIF $ 19,911,201.26 $ 20,102,170.21 Managed Investment Portfolio - CHANDLER Chandler/BNY $ 95,610,249.94 $ 95,911,575.51 Liquidity Account - CHANDLER Chandler/BNY $ 3,329.02 $ 3,329.02 PARS Post-Employment Benefits Trust - Pension** PFM/US Bank $ 12,034,118.65 $ 12,206,176.60 PARS Post-Employment Benefits Trust - OPEB** PFM/US Bank $ 447,798.55 $ 442,769.77 Fiscal Agent Cash & Investments**
2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) Chandler/BNY $ 695,885.45 $ 697,146.24 2019 Olinda Ranch Public Improvements CFD Bonds (CFD 1997-1) Chandler/BNY $ 37.62 $ 37.62 2019 Water Revenue Bonds Chandler/BNY $ 4,006.89 $ 4,006.89 2020 Water Revenue Refunding Bonds Chandler/BNY $ 1,575.63 $ 1,575.63 2021 Lease Revenue Refunding Bonds Chandler/BNY $ 44,400.00 $ 44,400.00 Sub-total - Fiscal Agent Cash & Investments $ 745,905.59 $ 747,166.38 Report Grand Total $ 133,714,254.57 $ 134,374,839.05
* Includes accrued interest on invested funds
** Reserve Fund
March 31, 2025
ATTACHMENT A Page 1 of 247
City of Brea
Cash and Investment Information
Fiscal Agent Cash & Investments Detail
10600 2017 Brea Plaza Public Improvements CFD Bonds (CFD 2008-2) - CHANDLER $ 670,658.46 $ 671,919.25 Short-Term Treasury Funds - BNY $ 25,226.99 $ 25,226.99 Sub-total $ 695,885.45 $ 697,146.24
2019 Olinda Ranch Public Improvements Bonds (CFD 1997-1) - CHANDLER $ - $ - Short-Term Treasury Funds - BNY $ 37.62 $ 37.62
Sub-total $ 37.62 $ 37.62
2019 Water Revenue Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 4,006.89 $ 4,006.89
Sub-total $ 4,006.89 $ 4,006.89
2020 Water Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 1,575.63 $ 1,575.63
Sub-total $ 1,575.63 $ 1,575.63
2021 Lease Revenue Refunding Bonds - CHANDLER $ - $ -
Short-Term Treasury Funds - BNY $ 44,400.00 $ 44,400.00 Sub-total $ 44,400.00 $ 44,400.00
Report Grand Total $ 745,905.59 $ 747,166.38
Book
Value
Market
Value
March 31, 2025

ATTACHMENT A

Page 2 of 247 ends

Brea City CouncilApril 15, 2025

Brea City Council
April 15, 2025