Agenda packet — Brea City Council, April 15, 2025 (part 1 of 4)

City Council and Successor Agency
to the Brea Redevelopment
Agency Agenda
Study Session - 6:30 p.m.

General Session - 7:00 p.m.

Tuesday, April 15, 2025, 7:00 PM

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

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

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

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

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

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

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

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M. 1A. Call to Order/Roll Call
1B. Public Comment
1C. Clarify Regular Meeting Topics
1D. Project Preview: The Mercury Lane Affordable Housing Development 1E. Council Member Reports/Requests
1F. Study Session Adjournment

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/Roll Call
2B. Pledge of Allegiance: Brea Girl Scouts
2C. Invocation: Pastor Dan Crane, Formation Church
2D. Presentation: OC Free Gun Lock Program
2E. Report - Prior Study Session
2F. Community Announcements
2G. Matters from the Audience
2H. Response to Public Inquiries

3. ADMINISTRATIVE ITEMS
This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."
3A. Brea 2050: Focused General Plan Update and Brea Core Specific Plan - Draft Changes to the Land Use Designations and Land Use Map
— 1. Receive the presentation on the draft revisions to the General Plan land use designations and land use designation map and provide feedback and;
— 2. Authorize staff to move forward with the next steps, including initiation of the required environmental review. There is no fiscal impact to the General Fund. 3B. Affordable Housing Agreement with Brea 32, LLC and Homebuyer Down-Payment Assistance Funding Request for the South Brea Townhomes Project
— 1. Approve an Affordable Housing Agreement (Attachment A) with Brea 32, LLC for the South Brea Townhomes Project (“Project”);
— 2. Authorize the City Manager to: a. Execute the Affordable Housing Agreement; b. Execute the following two documents with four buyers of the affordable units at South Brea Townhomes (included as exhibits to Attachment A): i. Purchaser Affordability Agreement; and ii. Notice of Affordability Restrictions. c. Administratively make non-monetary revisions to the Affordable Housing Agreement and related documents as necessary or appropriate; — 3. Approve a California Environmental Quality Act (“CEQA”) Exemption Determination pursuant to CEQA Guidelines Section 15061(b)(3);
— 4. Discuss options and provide direction to staff regarding the use of City Housing funds to provide down-payment assistance loans, in an amount not to exceed $400,000.00 to four LowIncome buyers of the affordable units at South Brea Townhomes; and — 5. If applicable, a. Amend the City’s Fiscal Year 2024-25 Operating Budget to appropriate an amount not to exceed $400,000.00 from the Affordable Housing Trust Fund (270) and/or Housing Successor Fund (280) for the use of down-payment assistance loans; and b. Authorize the City Manager to authorize payment of four down-payment assistance loans in a total amount not to exceed $400,000.00. There is no fiscal impact to the General Fund. 3C. Introduce an Ordinance Designating Fire Hazard Severity Zones — 1. Waive full reading of and introduce Ordinance No. 1260, "An Ordinance of the City Council of the City of Brea designating fire hazard severity zones," 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. The adoption of the updated LRA maps will be absorbed within the existing Fire Department budget.

4. CONSENT CALENDAR
The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience." 4A. April 1, 2025 Regular Meeting Minutes
— Approve.
4B. Second Reading of Ordinance No. 1256 - Zone Change No. 2024-01: Brea Plaza Shopping Center Residential Project (Brea Plaza Living)
— 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." There is no fiscal impact to the General Fund.
4C. Second Reading of Ordinance No. 1257 - Zone Change No. 2024-02 and Ordinance No. 1258 - Development Agreement No. 2024-01 (Greenbriar Residential Development Project) — 1. Waive full reading of 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." There is no fiscal impact to the General Fund. 4D. Annual Engineer's Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7
— 1. Receive and approve the Annual Engineer’s Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 and adopt Resolutions No. 2025-26 to 2025-32 to set a Public Hearing for each District on June 17, 2025, at 7:00 p.m. There is no fiscal impact to the General Fund.
4E. Monthly Report of Investments for the City of Brea for Period Ended March 31, 2025 — 1. Receive and file.
4F. March Outgoing Payment Log and City Disbursement Register for April 4, 2025 — 1. Receive and file.

5. CITY/SUCCESSOR AGENCY - CONSENT
5A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended March 31, 2025
— 1. Receive and file.

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

7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements

8. ADJOURNMENT
8A. Meeting Adjournment
Date Posted: April 10, 2025
City of Brea
City Council Regular Meeting Communication
D. Project Preview: The Mercury Lane Affordable Housing Development Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR
- 6:30 P.M. Item: 1D.

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

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

1. Receive and file the information provided to the City Council for the Mercury Lane Affordable Housing Project, and provide any feedback.

2. Direct staff to return at a future City Council meeting with a formal request from C&C Development for funds out of Housing Trust Fund (270).

Any feedback provided by the Council does not constitute an approval or denial of the project and is intended to assist the applicant with their formal request.

BACKGROUND/DISCUSSION
Project Description
C&C Development, the Applicant, is proposing an 85-unit, multi-family affordable housing development ("Project") on a 1.01-acre site located at southeast corner of Mercury Lane and Berry Street ("Project Site"). The five-story, Art Deco inspired building features a blend of modern amenities and classic design, providing a welcoming and functional environment for residents. The first floor would serve as the amenities floor, including a leasing office, community room, exercise room, and additional common areas for socializing and relaxation. The remaining four floors would house a total of 85 dwelling units, consisting of 68 one-bedroom units and 17 two-bedroom units. To accommodate residents' vehicles, the surface level would offer a combination of 60 covered and uncovered parking spaces. In addition, there is an existing Development Agreement associated with a prior approved project where the applicant has the ability to secure additional parking spaces in the West Downtown parking garage for guest parking.

The Project would be 100 percent affordable to lower-income households, with exception of one manager’s unit.

The breakdown of the proposed affordability is as follows:

Proposed Affordability Breakdown
Income Category Income Range* Number of Units
Extremely Low 30% AMI or less 9
Very Low 31% to 50% AMI 9
Lower Income
51% to 60% AMI 30
61% to 70% AMI 36
Market
(manager’s unit) Above 120% AMI 1
Total 85
*Orange County 2024 Area Median Income (AMI) for a family of four is $129,000 To the extent allowed by housing laws, the Applicant proposes to prioritize tenants who are seniors and/or veterans, as well as households with one or more members currently employed in or residing in the City of Brea. In an effort to solicit cursory feedback on both the Project itself and the funding request further explained in the section below, staff has prepared this informational item for Council. The preliminary project plans provided as Attachment A of this report, and Figure 1 below illustrates the location of the Project Site.

FIGURE 1. AERIAL VIEW OF THE PROPERTY
The Applicant
C&C Development is a reputable affordable housing developer with more than 35 years of development experience.

C&C Development focuses on quality design and construction. The company takes a hands-on approach across all stages of real estate development, including acquisition, entitlement, financing, construction, management, and ownership. Committed to high-quality developments and responsive management, C&C Development works closely with local jurisdictions to meet affordable housing goals and address specific neighborhood needs. With a focus on long-term stability, C&C Development has never sold an affordable community it has developed.

History
On June 2, 2020, the City Council approved the “Mercury Lane Workforce Housing Project” ("Prior Project") by adopting Ordinance No. 1214. The Prior Project included a five-story, 114-unit multi-family residential development (11 low-income units, 80 workforce units, 23 market rate units) with 114 parking spaces, along with rezoning of the Project Site to a Planned Community Zone, adoption of a Planned Community Master Plan (PCMP) that provides various standards for the Project Site, and an approval of a Development Agreement. Subsequent to the City Council's approval in 2020, the applicant for the Prior Project submitted the required building permit plan check documents. However, construction of the Prior Project has not commenced.

On April 1, 2025, as part of the Greenbriar Residential Development Project, the City Council approved a Development Agreement (Ordinance No. 1258) that included a provision to accept off-site construction of affordable units to satisfy its affordable housing inclusionary requirement as allowed by the City’s Affordable Housing Ordinance (Brea City Code 20.40.050.B). The Project calls for revisions to the Prior Project to ensure the constructability. The Greenbriar Residential Development Project applicant, Lennar Homes of California, LLC, is working directly to acquire the Project Site and has identified C&C Development as their partner.

The Applicant has identified a variety of funding and financing sources to facilitate the construction of the project and is also requesting that the City provide affordable housing funds to aide in the development of the Project as identified in a request letter provided as Attachment B of this report.

Context and Compatibility
On October 29, 2024, the Applicant submitted a Preliminary Plan Review (PPR) to determine the Project’s conformity with the Prior Project’s approval. Based on the preliminary plans provided through the PPR process, the Community Development Director determined that the Project is a reduced version of the Prior Project that would be in substantial conformance with the approved PCMP as described below:

As previously mentioned, the Project Site is located in the in the Planned Community Zone, specifically The Mercury PCMP. The intent of The Mercury PCMP is to develop a residential community that will serve Brea and the surrounding North Orange County areas. The Project is a reduced version of the Prior Project that provide additional affordable housing options, as summarized in below table:

Project Comparison Summary
Prior Project Proposed Project
Number of Units 114 85
Number of Stories 5 5
Parking 114 60
Unit Breakdown
Studio
One-Bedroom
Two-Bedrooms
84 26
4 0
68 17
Affordable Housing
Extremely Low
Very Low
Low
Rent-Restricted
Market
0 0
11 80
23 9
9 66
0 1
The Project is an in-fill housing in an area with easy access to public services, utilities, and other amenities, public transit within ½ mile walking distance, Arovista Park, Brea Tracks, and Downtown Brea within¼ mile walking distance. Furthermore, it provides housing options that are currently lacking, as it would provide housing options for lower, very low, and extremely low households.

Under Conditions of Approval for Mercury PCMP, Condition 2, the Community Development Director’s review and approval of all proposed structures for substantial conformance with the PCMP, plans and standards, is required prior to the issuance of any building permit at the Project Site. Instances where any significant changes to the project are proposed may require the amendment to PCMP 19-01. In this regard, staff reviewed the Project against the development standards of PCMP 19-01. Additionally, under the City’s affordable housing program, applicants may request incentives and concessions to facilitate the development of affordable housing. If the Project moves forward, staff would work closely with C&C Development to determine if incentives and concessions would need to be applied to project to ensure it aligns with both regulatory requirements of PCMP, City’s affordable housing objectives and applicable codes.

After evaluating all relevant factors, including the conceptual nature of the submitted plans and the possibility of flexible development standards, the Director has determined that the Project would be in substantial conformance with the development standards PCMP 19-01, subject to further review and approval of final plans and any applicable incentives or concessions.

The PPR conformance letter is provided as Attachment C.

Affordable Housing Fund Request
In addition to funding sources such as 4% Low Income Housing Tax Credit Program and loans from County of Orange and private institutions, the Applicant is requesting a loan of approximately $2,331,800 from the City’s Housing Trust Fund (270) and a $659,311 Impact Fee Deferral Loan from the City. The following summarizes the proposed request:

Housing Trust Fund loan: A 55-year loan repaid through residual receipt cash flow, with the cash flow split 50/50 between the City and the Applicant. The loan will have a 0.25% interest rate and will be secured by a Deed of Trust recorded against the property, with a Regulatory Agreement recorded concurrently with the acquisition.

Impact fee deferral loan: The terms would mirror the Housing Trust Fund loan structure. If there is any difference between the amount of impact fees calculated at the time of building permit issuance and the requested impact fee deferral loan, the Applicant would be responsible for paying the difference.

Specific terms of the requested loans and Affordable Housing Agreement would be considered by the City Council at a future date, if the Project moves forward.

ENVIRONMENTAL ASSESSMENT
This item is to provide the City Council with information; as such, it is not subject to the California Environmental Quality Act (CEQA).

FISCAL IMPACT/SUMMARY
At this time, C&C Development is requesting a loan in the amount of $2,331,800 from the Affordable Housing Trust Fund (270) and a $659,311 impact fee deferral loan to facilitate construction of the affordable units. As of the drafting of this staff report, and including the previous commitments by the City Council of these funds, the estimated Affordable Housing Trust Fund balance is currently $3,807,635.00.

There would be no direct negative impact to the General Fund, other than the deferred payment of the impact fees through the requested impact fee deferral loan.

RESPECTFULLY SUBMITTED:

Prepared By: Esteban Rubiano, Assistant Planner
Joanne Hwang, AICP, City Planner
Concurrence: Jason Killebrew, Assistant City Manager/Community Development Director Attachments
Attachment A - Preliminary Project Plans.pdf
Attachment B - Letter of Request.pdf
Attachment C - PPR Conformance Letter.pdf
Mercury Lane- 85 Unit Affordable Senior
Mercury Lane, Brea

ATTACHMENT A
C&C Development
• C&C is a full-service affordable housing developer with over 30 years of trusted experience. This experience has taught us to approach every project with the long-term
in mind.
• Through quality of design and construction, we are
developing projects to be successful today, and
developing projects that will remain successful 10, 20, and 30 years into the future.
• C&C takes a hands-on approach to all aspects of the
real estate development process: acquisition,
entitlement, financing, construction, management, and
ownership.
• Committed to providing high-quality developments
with responsive management services to create and
preserve affordable housing.
• C&C works closely with the City to meet affordable
housing production requirements, as well as to achieve
goals relating to neighborhoods and specific properties. • We focus on the long-term stability of every project.

C&C has never sold an affordable community that we
have developed.

RECENT DEVELOPMENTS

MEADOWS SENIORS
65 Units
101 Lopala
Lake Forest

VALENCIA GARDEN
62 Units
525 W. Struck Avenue
Orange

ALTRUDY SENIORS
48 Units
18549 Altrudy Lane
Yorba Linda

DEPOT AT SANTIAGO
70 Units
923 N. Santiago Blvd
Santa Ana

GROVES SENIORS
75 Units
30333 Camino Capistrano
San Juan Capistrano

PARC DERIAN
80 Units
16201 Derian Avenue
Irvine
Building Elevations
Building Elevations
Building Elevations
Project Information
85 Units
- 68 One Bedroom
- 16 Two Bedroom
Building
- 5 Stories
- Type V
- Tuck-Under Parking
- Elevator Serviced
- 85 DU/AC
- 60 Spaces (.70/u)
- Density- 85 units/acre
Affordability
- 9 Extremely Low (30% TCAC)
- 9 Very Low (50% TCAC)
- 60 Lower
- 30 @ 60% TCAC
- 36 @ 70% TCAC
Yield Study
Ground Level 2nd – 5th Level
Veterans and Live/Work Preference
Rental Preferences and Priority.
i. Veteran Preference. To the extent permitted by law, and provided that the prospective tenants meet standard screening standards, with respect to the rental of twenty-five percent (25%) of the units in the apartment complex, Applicant shall give a preference to households that include one or more veterans of the United States military. ii. Local Preference. To the extent permitted by law, and provided that the prospective tenants meet standard screening standards, Applicant shall give a preference to households that include one or more persons who are currently employed in or are currently residing in the City of Brea.

Todd Cottle
714-714-0600
[email protected] |www.c-cdev.com
Building Communities & Changing lives…
one affordable development at a time.
14211 Yorba St., Ste. 200 Tustin, CA 92780
714-288-7600 www.c-cdev.com
April 6, 2025
Mr. Jason Killebrew
City of Brea
1 Civic Center Drive
Brea, CA 92821
RE: The Mercury- Affordable Housing Development Proposal and Funding Proposal 85-Unit Multi-Family Senior Affordable Housing Project
Dear Mr. Killebrew,
C&C Development is excited about this opportunity to partner with the City to develop 85-units of affordable senior housing for the residents of Brea. C&C Development is currently in escrow to acquire the 1.01 acre property located at the southeast corner of Mercury Lane and Barry Street. This proposal provides for an outline of the project and the funding request to the City of Brea.

Location: Southeast Corner of Mercury Lane and Berry Street Assessor Parcel Number 296-141-05
Property Size: 1.01 Acres
Total Units: 85 Units- 84 Affordable and 1 Manager’s Unit Unit Mix: 68 One-Bedroom Units and 17 Two Bedroom Units Affordability: 30% to 70% of AMI
Product Type: 5-Story Wood Framed with Tuck Under Parking Population Served: Seniors
Preferences: a) Local Preference for those that currently reside or are employed in the City. b) Veteran Preference for 25% of the units.

ATTACHMENT B
14211 Yorba St., Ste. 200 Tustin, CA 92780
714-288-7600 www.c-cdev.com
Project Cost: $42,074,331
Project Sources: $15,794,720 Citi Bank Permanent Loan
$ 2,331,800 City of Brea Loan
$ 659,311 City of Brea Impact Fee Deferral Loan
$ 1,546,000 Orange County Housing Finance Trust Loan
$ 1,237,500 County of Orange Loan
$ 2,471,341 Deferred Developer Fee
$18,033,659 Limited and General Partner Equity
$42,074,331 Total Development Cost
City Sources Included in Project Sources:
$ 2,331,800 City of Brea Loan
$ 659,311 City of Brea Impact Fee Deferral
City of Brea Development Loan Terms:
- 55 Year Loan repaid through residual receipt cash flow. - Residual receipt cash flow to be split on a 50%/50% basis between the City and Developer. - Loan to carry a 0.25% interest rate.
- City loan to be secured by a Deed of Trust recorded against the property. - Regulatory Agreement shall be recorded against the property concurrent with the acquisition.

City of Brea Impact Fee Deferral Loan:
- 55 Year Loan repaid through residual receipt cash flow. - Residual receipt cash flow to be split on a 50%/50% basis between the City and Developer. - Loan to carry a 0.25% interest rate.
- The $659,311 Impact Fee Deferral Loan shall be considered funded concurrent with issuance of building permits to offset the impact fees collected and held by the City of Brea. Developer has prepared a schedule of the anticipated impact fees for the development. To the extent the impact fees required to be paid by the development at time of building permit issuance exceed the initial calculation the project will be responsible for paying the difference. - City Impact Fee Deferral Loan to be secured by a Deed of Trust recorded against the property.

Next Steps/Schedule:

1. Complete- Property is in receipt of a consistency determination for entitlements.

2. Complete- Developer has received approval from the California Debt Limit Allocation Committee to preserve the 2024 Difficult Development Area designation for the project.

3. March to April- City and Developer to pursue a City Council Approval of the financing commitment.

4. May- Acquisition of the property to occur following the approval of the Development Agreement between the City of Brea and Lennar Homes of California, LLC for The Greenbriar Residential Development Project.

5. May-June- Developer to apply to the County of Orange and Orange County Housing Finance Trust.

6. Developer to apply to the California Debt Limit Allocation Committee and California Tax Credit 14211 Yorba St., Ste. 200 Tustin, CA 92780
714-288-7600 www.c-cdev.com
Allocation Committee for an award of tax-exempt bond financing and 4% tax credit allocation following commitment of County of Orange Loan and Orange County housing Finance Trust Loan.

Developer to work with the City in the preparation of the following for consideration by City Council:

1. Affordable Housing Loan Agreement / Regulatory Agreement

2. Promissory Note

3. Deed of Trust

4. Option Agreement and Memo of Option – which would provide the City an Option to take the property back if construction of the development does not commence by a specified date.

We appreciate this opportunity to partner with the City in the development of The Mercury and are prepared to proceed immediately to be in a position to successfully compete upcoming funding rounds.

Please do not hesitate to let us know if you need additional information regarding the development, financing structure and steps ahead.

Sincerely,
Todd Cottle
C&C Development
714-714-0600
[email protected]
Attachments: Pro Forma
Impact Fee Analysis
Brea Senior Housing (85 Units) Page 1 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

SOURCES OF FUNDS
PERMANENT SOURCES Total
Amount Interest Term (Yrs) Comments
Tax-Exempt Loan $15,794,720 6.40% 40City of Brea - Development Loan $2,331,800 0.25% 55City of Brea - Impact Fee Deferral $659,311 0.25% 55Housing Finance Trust Loan $1,546,000 3.00% 55 9 Units Restricted County of Orange Loan $1,237,500 3.00% 55 9 Units RestrictedDeferred Developer Fee $2,471,341 Maximum deferral of Developer Fee: 50% General Partner Equity $100Limited Partner Equity $18,033,559 TCAC $17,926,759 Credit Price: $0.91 TOTAL $42,074,331 TCAC $41,967,531
vs. TDC $42,074,331Financing Surplus/(Gap) $0
CONSTRUCTION SOURCES Total
Amount Interest Term (Mnts) Comments
Tax Exempt Const. Loan $21,500,000 7.92% 30 Bonds sized at 53.35% of Aggregate BasisTaxable Construction Loan $2,000,000 7.92% 30City of Brea - Development Loan $2,331,800 0.25% 30City of Brea - Impact Fee Deferral $659,311 0.25% 30Housing Finance Trust Loan $1,546,000 3.00% 30Deferred Developer Fee $2,471,341 0.00%General Partner Equity $100 0.00%Limited Partner Equity $9,161,879 TCAC $9,055,079 50.8% of Total Equity Dev. Fee Deferred Until Completion $1,875,000 0.00%Other Costs Deferred Until Completion $528,900 0.00% Refer to Development Budget for Details.

TOTAL $42,074,331 TCAC $41,967,531
vs. TDC $42,074,331Financing Surplus/(Gap) $0
250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 2 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

DEVELOPMENT BUDGET

1.00 Item
Total Project
Costs
Depreciable
Residential
Non -
Depreciable Amortize Expense
Construction
/Rehab Basis Aggregate Basis

ACQUISITION
Land Cost $2,168,974 $0 $2,168,974 $2,168,974
Legal: Acquisition $20,000 $0 $20,000 $20,000
Subtotal Acquisition $2,188,974 $0 $2,188,974 $0 $0 $0 $2,188,974

CONSTRUCTION
Residential Structures $18,965,924 $18,965,924 $18,965,924 $18,965,924 Site Work $1,800,000 $1,800,000 $1,800,000 $1,800,000
General Requirement $1,245,955 $1,245,955 $1,245,955 $1,245,955 GC Overhead $440,238 $440,238 $440,238 $440,238
Contractor Profit $1,320,713 $1,320,713 $1,320,713 $1,320,713 Construction Contingency $2,377,283 $2,377,283 $2,377,283 $2,377,283 Subtotal Construction $26,150,113 $26,150,113 $0 $0 $0 $26,150,113 $26,150,113

SOFT COSTS
Local Development Impact Fees $1,170,847 $1,170,847 $1,170,847 $1,170,847 Local Permit Processing Fees $500,000 $500,000 $500,000 $500,000 Environmental Studies $65,000 $0 $65,000 $0 $0
Appraisal & Market Study $25,000 $25,000 $25,000 $25,000 Engineering $450,000 $450,000 $450,000 $450,000
Architectural Design & Supervision $775,000 $775,000 $775,000 $775,000 Legal: Construction $200,000 $200,000 $200,000 $200,000 Legal: Permanent $10,000 $0 $10,000 $0 $0
Legal: Organization of Partnership $5,000 $0 $5,000 $0 $0 Legal: Syndication $41,800 $0 $41,800 $0 $0
Title/Recording/Escrow - Construction $60,000 $60,000 $60,000 $60,000 Const. Loan Interest $2,791,800 $2,140,380 $651,420 $2,140,380 $2,140,380 Marketing (lease-up, Advertisement, Setup) $127,500 $0 $127,500 $0 $0 Common Area Furnishing $85,000 $85,000 $85,000 $85,000
Furnishings (MHSA Units) $40,000 $40,000 $40,000 $40,000 Insurance $600,000 $600,000 $600,000 $600,000
Real Estate Taxes $57,224 $43,872 $13,352 $43,872 $43,872 TCAC App/Allocation - (Mont. Fee Below) $21,819 $0 $21,819 $0 $0 Lender Inspection Fees $30,000 $30,000 $30,000 $30,000
Soft Cost Contingency $400,000 $400,000 $400,000 $400,000 Investor Due Diligence $60,000 $0 $60,000 $0 $0
Audit/Cost Certification $30,003 $0 $30,003 $0 $0
Orange County Initial Setup Fee $500 $0 $500 $0 $0
Developer Fee (Overhead) $1,242,835 $1,242,835 $1,242,835 $1,242,835 Developer Fee (Profit) $3,728,506 $3,728,506 $0 $3,728,506 $3,728,506 Subtotal Soft Costs $12,517,834 $11,491,440 $166,800 $36,819 $822,775 $11,491,440 $11,491,440

COSTS DEFERRED UNTIL CONVERSION
Title/Recording/Escrow - Permanent $20,000 $0 $20,000 $0 Operating Reserve $440,100 $0 $440,100 $0
TCAC Monitoring Fee $58,800 $0 $58,800 $0
Perm Conversion Fee $10,000 $0 $10,000 $0
Subtotal Deferred Costs $528,900 $0 $440,100 $88,800 $0 $0 $0

FINANCING COSTS
Issuer Origination Fee (CMFA) $44,063 $44,063 $44,063 $44,063 Issuer Counsel $7,500 $7,500 $7,500 $7,500
Bond Counsel $60,000 $60,000 $60,000 $60,000
Constr. Lender Orig. Fees $235,000 $235,000 $235,000 $235,000 Constr. Lender Expense $11,875 $11,875 $11,875 $11,875
Constr. Lender Legal $75,000 $75,000 $75,000 $75,000
Perm Orig. Fees $161,447 $161,447 $0 $0
Perm Lender Legal $55,000 $55,000 $0 $0
CDLAC Fee $8,225 $8,225 $8,225 $8,225
CDIAC Fee $3,525 $3,525 $3,525 $3,525
Issuer Fee During Construction $26,875 $26,875 $26,875 $26,875 Subtotal Financing Costs $688,510 $472,063 $0 $216,447 $0 $472,063 $472,063 TOTAL DEVELOPMENT COST $42,074,331 $38,113,616 $2,795,874 $342,066 $822,775 $38,113,616 $40,302,590 *Assumes waiver of NPLH Transition Reserve requirement with commitment of Project Based Section 8 Vouchers. 250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 3 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI
UNIT MIX & RENTAL INCOME (2025)
Avg Affordability (At Restricted AMIs): 60.00% 60.00% UNIT MIX SUMMARY UA - 10/1/2024 Orange HA 60.00% Studio 0 0.00%
1 Bdrm 2 Bdrm 1 Bdrm 68 80.00%
Heating - E 22 25 2 Bdrm 17 20.00%
Cooking - E 13 19 3 Bdrm 0 0.00%
Electric Basic 35 57 4 Bdrm 0 0.00%
Air Conditioner 16 22 5 Bdrm 0 0.00%
Total 86 123 22.00 Total 85 100.00%
CUAC 40 60
Restriction 30% AMI 10.71% Restricted TCAC PTS: 17.00
AMI Gross Monthly Net TOTAL TOTAL
Approx. Approx. Based on Monthly Utility Monthly NET MON. ANN. NET Unit Type Program No. Units Unit Sq. Ft. Total Sq. Ft LIHTC Rents Allowance Rents RENTS RENTS 1 Bedroom 30% SSI 5 675 3,375 11% $355 ($86) $269 $1,345 $16,140 1 Bedroom TCAC 2 675 1,350 30% $952 ($86) $866 $1,732 $20,784 2 Bedroom TCAC 2 1,010 2,020 30% $1,142 ($123) $1,019 $2,038 $24,456 Subtotal 9 6,745 $2,154 $5,115 $61,380
Vacancy 5.00% Effective Gross 30% AMI: $4,859 $58,311
Note: Five (5) 1-bdrm MHSA Units; Three (4) LHTF Units; Nine (9) County PSH Units.

Restriction 50% AMI 10.71% Restricted TCAC PTS: 5.00
AMI Gross Monthly Net TOTAL TOTAL
Approx. Approx. Based on Monthly Utility Monthly NET MON. ANN. NET Unit Type Program No. Units Unit Sq. Ft. Total Sq. Ft LIHTC Rents Allowance Rents RENTS RENTS 1 Bedroom TCAC 7 675 4,725 50% $1,586 ($86) $1,500 $10,500 $126,000 2 Bedroom TCAC 2 1,010 2,020 50% $1,903 ($123) $1,780 $3,560 $42,720 Subtotal 9 6,745 $3,280 $14,060 $168,720
Vacancy 5.00% Effective Gross 50% AMI: $13,357 $160,284 Note: Five (5) 1-bdrm MHSA Units; Three (4) LHTF Units; Nine (9) County PSH Units.

Restriction 60% AMI 35.71% Restricted
AMI Gross Monthly Net TOTAL TOTAL
Approx. Approx. Based on Monthly Utility Monthly NET MON. ANN. NET Unit Type Program No. Units Unit Sq. Ft. Total Sq. Ft LIHTC Rents Allowance Rents RENTS RENTS 1 Bedroom TCAC 28 675 18,900 60% $1,904 ($86) $1,818 $50,904 $610,848 2 Bedroom TCAC 2 1,010 2,020 60% $2,284 ($123) $2,161 $4,322 $51,864 Subtotal 30 20,920 $3,979 $55,226 $662,712
Vacancy 5.00% Effective Gross 60% AMI: $52,465 $629,576 Note: Five (5) 1-bdrm MHSA Units; Three (4) LHTF Units; Nine (9) County PSH Units.

Restriction 70% AMI 42.86% Restricted
AMI Gross Monthly Net TOTAL TOTAL
Based on Monthly Utility Monthly NET MON. ANN. NET
Unit Type Program No. Units Unit Sq. Ft. Total Sq. Ft LIHTC Rents Allowance Rents RENTS RENTS 1 Bedroom TCAC 26 675 17,550 70% $2,221 ($86) $2,135 $55,510 $666,120 2 Bedroom TCAC 10 1,010 10,100 70% $2,665 ($123) $2,542 $25,420 $305,040 Subtotal 36 27,650 $4,677 $80,930 $971,160
Vacancy 5.00% Effective Gross 70% AMI: $76,884 $922,602 Note: Five (5) 1-bdrm MHSA Units; Three (4) LHTF Units; Nine (9) County PSH Units.

Manager's Unit 70%
AMI Gross Monthly Net TOTAL TOTAL
Approx. Approx. Based on Monthly Utility Monthly NET MON. ANN. NET Unit Type No. Units Unit Sq. Ft. Total Sq. Ft LIHTC Rents Allowance Rents RENTS RENTS 2 Bdrms 1 1,010 1,010 0% $0 $0 $0 $0 $0
Subtotal 1 1,010 $0 $0 $0
Vacancy 0.00% Effective Gross 0% AMI: $0 $0
Note:

Gross Rents $155,331 $1,863,972
TOTAL 85 63,070 Avg. Vacancy 5.00% Effective Gross Rents $147,564 $1,770,773

RENTAL SUBSIDY
Source: Section 8 Monthly Total Less Net NET
Subsidy Subsidy Tenant Monthly ANNUAL
Unit Type No. Units Limit Limit Payments Subsidy SUBSIDY 1 Bdrms 5 MHSA 2,139 $10,695 ($1,076) $9,619 $115,428
1 Bdrms 1 2,139 $2,139 (1,732) $407 $4,884
2 Bdrms 2 2,502 $5,004 ($2,038) $2,966 $35,592
Subtotal 8 $17,838 ($4,846) $12,992 $155,904
Vacancy Factor 5.00% Effective Gross Rental Sub. $12,342 $148,108 Note:

MISCELLANEOUS INCOME
P/U/Month MONTHLY ANNUAL
Laundry $6.00 $510 $6,120
Subtotal $510 $6,120
Vacancy Factor 5.00% Eff. Gross Misc. Inc. $484 $5,814
Total Units Total SF (Residential) TOTAL EFF. GROSS INCOME MONTHLY ANNUAL TOTAL 85 63,070 GROSS INCOME $168,833 $2,025,996
EFF. GROSS INCOME $160,391 $1,924,695
250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 4 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

OPERATING EXPENSES
NPLH %
Income Summary Vac. Factor Residential 0.00%
Gross Income $1,863,972 $61,380
Avg. Gross Income Vacancy 5.00% ($93,199) ($9,207)
Section 8 Subsidy $155,904 $0
Section 8 Vacancy 5.00% ($7,795) $0
Miscellaneous Income $6,120 $0
Misc. Income Reduction 5.00% ($306) $0
$1,924,696 $52,173

ANNUAL OPERATING EXPENSES
General Administrative Total Per Unit
Advertising $2,000 $24 $0
Legal $5,000 $59 $0
Accounting/Audit $12,000 $141 $0
Office, phone, misc. $25,000 $294 $0
Total Gen. Administrative $44,000 $518 $0
Management Fee $153,976 $1,811 $0
Utilities
Gas $12,270 $144 $0
Electricity (Solar) $14,000 $165 $0
Water/Sewer $36,000 $424 $0
Total Utilities $62,270 $733 $0
Payroll/Payroll Taxes
On-site Manager $58,000 $682 $0
Maintenance Personnel $37,440 $440 $0
Payroll Taxes, Benefits $31,495 $371 $0
Total Payroll/Payroll Taxes $126,935 $1,493 $0
Insurance $30,000 $353 $0
Maintenance
Repairs $70,000 $824 $0
Trash Removal $24,000 $282 $0
Exterminating $7,000 $82 $0
Landscaping $20,000 $235 $0
Elevator $4,000 $47 $0
Supplies $9,000 $106 $0
Fire Safety/Alarm $5,300 $62 $0
Cleaning/Decorating $2,500 $29 $0
Total Maintenance $141,800 $1,668 $0
TOTAL OPERATING EXPENSES $558,981 $6,576 $0
Taxes, Reserves, Services, Other
Services Amenities $40,000 $471 $0.00
Property Assessments $9,200 $108 $0.00
Replacement Reserves $42,500 $500 $0.00
Business Tax $800 $9 $0.00
Issuer and Trustee Annual Fees $10,897 $128 $0.00
Loan Monitoring Fees $1,710 $20 $0.00
Total Other Costs $105,107 $1,237 $0.00
TOTAL ANNUAL OPER. EXPENSES* $664,088 $7,813 $0.00
*Based on Citrus Grove I operations: 0% below TCAC operating expense minimum. 250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 5 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

MORTGAGE CALCULATION
NET AVAILABLE INCOME $1,260,608

FINANCIAL EXPENSES
Debt Service Coverage (Tax-Exempt Financing) 1.15
Available for Tax-Exempt Debt Service 1,096,181
Net Cash Flow $164,427

LOAN CONSTANT/IMPUTED TOTAL INTEREST COST

INTEREST RATE STACK CONSTRUCTION PERMANENT
Tax Exempt
Const. Loan 0
Tax-Exempt
Loan
Tax-Exempt
Tranche B
SOFR/21-Yr LIBOR Swap 4.600% 0.000% 3.850% 3.850%
Adjustment 0.120% 0.000% 0.000% 0.000%
Spread 2.200% 0.000% 2.250% 2.250%
Cushion 1.000% 0.000% 0.300% 0.000%
Bond Rate 7.920% 0.000% 6.400% 6.100%
Term (Months) 30 - 480 180
DSC - 30.00 1.15 1.15
Total All-In Underwriting Rate 7.920% 0.000% 6.400% 6.100%

PERMANENT MORTGAGE
Loan Based on Debt Service Coverage (1.15 DSC) $15,794,724 Maximum Loan $15,794,724

TAX EXEMPT FINANCE RATIO
Tax Exempt Const. Loan $21,500,000
Total Tax-Exempt Financing $21,500,000
Total Aggregate Basis $40,302,590
(Refer to Dev. Budget for details)
Percent of Tax-Exempt Financing 53.35%
250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 6 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI
THRESHOLD BASIS LIMIT - 2025
BASIS LIMITS CALCULATIONS 4%
Total
County: Orange Unadjusted
Unit Basis Limit # of Units Threshold
1 $457,608 68 $31,117,344
2 $552,000 17 $9,384,000
Total: 85 $40,501,344
(G) Plus (+) local development impact fees required to be paid to local government entities Certification from local entities assessing fees also required. $1,170,847 (I) Plus (+) 10% basis adjustment for projects wherein at least 95% of the project's upper $4,050,134 floor units are serviced by an elevator.
(J)* Plus (+) 1% basis adjustment for each 1% of units income-targeted to 50% to 36% of AMI Total Affordable Units @ 36% AMI to 50% AMI: 9 $4,050,134 (K)* Plus (+) 2% for each 1% of units income targeted to 35% of AMI and below Total Affordable Units @ 35% of AMI or Below: 9 $8,100,269 * For 4% Projects only
Total Threshold Limit: $57,872,729
250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 7 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

TAX CREDIT CALCULATION
Construction/ Construction/
Rehabilitation Acquisition Total Rehabilitation Acquisition Threshold Basis Limit $57,872,729 $57,872,729Total Eligible Basis $38,113,616 $38,113,616 $38,113,616 $0 Deducted From Eligible Basis
Total Basis Reduction $0 $0 $0
Total Requested Unadjusted Eligible Basis $38,113,616 $0 $38,113,616 $11,341,019 #DIV/0! a
High Cost Area Yes 130% 100% 130% 100%Total Adjusted Eligible Basis $49,547,701 $0 $49,547,701 $14,743,325 #DIV/0!Applicable Fraction 100% 100% 100% 100% 100%Qualified Basis $49,547,701 $0 $49,547,701 $14,743,325 #DIV/0!Estimated Credit Rate May-19 4.00% 0.00% 4.00% 0.00% (Application Rate of 3.30%; Actual Rate: 3.25%)
Total Annual Federal Credits $1,981,908 $0 $1,981,908 $589,733Total Federal Credits Over 10 Years $19,819,080 $0 $19,819,080 $5,897,330 $0 250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
Brea Senior Housing (85 Units) Page 8 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI
15 YEAR CASH FLOW ANALYSIS
% Residential Operational in Year 1 100.00% 100% 100%% Debt Service, Year 1 100.00% 100% 100% Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year 11 Year 12 Year 13 Year 14 Year 15 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042

INCOME ASSUMPTIONS
Restricted 60% and below Unit Rents 2.50% $892,812 $915,132 $938,011 $961,461 $985,497 $1,010,135 $1,035,388 $1,061,273 $1,087,805 $1,115,000 $1,142,875 $1,171,447 $1,200,733 $1,230,751 $1,261,520Tenant Assistance Payments Program: Section 8 2.50% $155,904 $159,802 $163,797 $167,892 $172,089 $176,391 $180,801 $185,321 $189,954 $194,703 $199,570 $204,560 $209,674 $214,915 $220,288 GROSS POTENTIAL INCOME - HOUSING $2,019,876 $2,070,373 $2,122,132 $2,175,186 $2,229,565 $2,285,304 $2,342,437 $2,400,998 $2,461,023 $2,522,548 $2,585,612 $2,650,252 $2,716,509 $2,784,421 $2,854,032OTHER INCOME Miscellaneous Income 2.50% $6,120 $6,273 $6,430 $6,591 $6,755 $6,924 $7,097 $7,275 $7,457 $7,643 $7,834 $8,030 $8,231 $8,436 $8,647 GROSS POTENTIAL INCOME - OTHER $6,120 $6,273 $6,430 $6,591 $6,755 $6,924 $7,097 $7,275 $7,457 $7,643 $7,834 $8,030 $8,231 $8,436 $8,647GROSS POTENTIAL INCOME - TOTAL $2,025,996 $2,076,646 $2,128,562 $2,181,776 $2,236,321 $2,292,229 $2,349,534 $2,408,273 $2,468,479 $2,530,191 $2,593,446 $2,658,282 $2,724,739 $2,792,858 $2,862,679VACANCY ASSUMPTIONS Restricted 60% and below Unit Rents 5.00% ($44,641) ($45,757) ($46,901) ($48,073) ($49,275) ($50,507) ($51,769) ($53,064) ($54,390) ($55,750) ($57,144) ($58,572) ($60,037) ($61,538) ($63,076)Tenant Assistance Payments 5.00% ($7,795) ($7,990) ($8,190) ($8,395) ($8,604) ($8,820) ($9,040) ($9,266) ($9,498) ($9,735) ($9,979) ($10,228) ($10,484) ($10,746) ($11,014)Miscellaneous Income 5.00% ($306) ($314) ($321) ($330) ($338) ($346) ($355) ($364) ($373) ($382) ($392) ($401) ($412) ($422) ($432) TOTAL VACANCY LOSS ($101,300) ($103,832) ($106,428) ($109,089) ($111,816) ($114,611) ($117,477) ($120,414) ($123,424) ($126,510) ($129,672) ($132,914) ($136,237) ($139,643) ($143,134)EFFECTIVE GROSS INCOME $1,924,696 $1,972,814 $2,022,134 $2,072,687 $2,124,504 $2,177,617 $2,232,058 $2,287,859 $2,345,055 $2,403,682 $2,463,774 $2,525,368 $2,588,502 $2,653,215 $2,719,545OPERATING EXPENSES Residential Expenses 3.50% $572,388 $592,422 $613,157 $634,617 $656,829 $679,818 $703,611 $728,238 $753,726 $780,107 $807,410 $835,670 $864,918 $895,190 $926,522Services Amenities 3.50% $40,000 $41,400 $42,849 $44,349 $45,901 $47,507 $49,170 $50,891 $52,672 $54,516 $56,424 $58,399 $60,443 $62,558 $64,748Property Assessments 2.00% $9,200 $9,384 $9,572 $9,763 $9,958 $10,158 $10,361 $10,568 $10,779 $10,995 $11,215 $11,439 $11,668 $11,901 $12,139 $621,588 $643,206 $665,577 $688,729 $712,688 $737,483 $763,142 $789,697 $817,178 $845,617 $875,049 $905,508 $937,029 $969,650 $1,003,409 NET OPERATING INCOME $1,303,108 $1,329,608 $1,356,557 $1,383,958 $1,411,816 $1,440,134 $1,468,915 $1,498,162 $1,527,878 $1,558,064 $1,588,725 $1,619,861 $1,651,474 $1,683,565 $1,716,136RESERVE DEPOSITS Replacement Reserve 0.00% $42,500 $42,500 $42,500 $42,500 $42,500 $44,625 $44,625 $44,625 $44,625 $44,625 $46,856 $46,856 $46,856 $46,856 $46,856 AVAILABLE FOR DEBT SERVICE $1,260,608 $1,287,108 $1,314,057 $1,341,458 $1,369,316 $1,395,509 $1,424,290 $1,453,537 $1,483,253 $1,513,439 $1,541,869 $1,573,004 $1,604,617 $1,636,709 $1,669,280DEBT SERVICE Principal $87,866 $93,657 $99,830 $106,410 $113,424 $120,900 $128,869 $137,362 $146,416 $156,067 $166,353 $177,318 $189,005 $201,462 $214,741 Interest 6.400% $1,008,314 $1,002,523 $996,350 $989,770 $982,756 $975,280 $967,312 $958,818 $949,764 $940,114 $929,827 $918,863 $907,176 $894,718 $881,439 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 TOTAL DEBT SERVICE $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180 $1,096,180NET CASH FLOW $164,427 $190,927 $217,876 $245,278 $273,136 $299,329 $328,110 $357,357 $387,072 $417,259 $445,688 $476,824 $508,437 $540,529 $573,100DEBT SERVICE COVERAGE RATIO 1.15 1.17 1.20 1.22 1.25 1.27 1.30 1.33 1.35 1.38 1.41 1.43 1.46 1.49 1.52 274,045 274,045 274,045

NET CASH FLOW DISTRIBUTION
LP Management Fee $5,000 2.50% $2,917 $5,125 $5,253 $5,384 $5,519 $5,657 $5,798 $5,943 $6,092 $6,244 $6,400 $6,560 $6,724 $6,893 $7,065Deferred Developer Fee 0.00% $161,511 $185,802 $212,623 $239,893 $267,617 $293,672 $322,311 $351,413 $380,980 $55,518 $0 $0 $0 $0 $0General Partner Management Fee $20,000 2.50% $0 $0 $0 $0 $0 $0 $0 $0 $0 $215,734 $25,602 $26,242 $26,898 $27,570 $28,25950% Residual Receipts City of Brea - Development Loan 20.19% 20.19% $0 $0 $0 $0 $0 $0 $0 $0 $0 $28,218 $83,524 $89,648 $95,866 $102,175 $108,577City of Brea - Impact Fee Deferral 5.71% $0 $0 $0 $0 $0 $0 $0 $0 $0 $7,979 $23,616 $25,348 $27,106 $28,890 $30,700Housing Finance Trust Loan 13.39% 13.39% $0 $0 $0 $0 $0 $0 $0 $0 $0 $18,709 $55,377 $59,438 $63,560 $67,743 $71,988County of Orange Loan 10.72% $0 $0 $0 $0 $0 $0 $0 $0 $0 $14,976 $44,326 $47,577 $50,876 $54,225 $57,623GP Incentive Management Fee (90%) 0.00% $0 $0 $0 $0 $0 $0 $0 $0 $0 $62,893 $186,159 $199,810 $213,667 $227,730 $241,999 General Partner (.01%) 0.00% $0 $0 $0 $0 $0 $0 $0 $0 $0 $1 $2 $2 $2 $3 $3Limited Partner (99.99%) 0.00% $0 $0 $0 $0 $0 $0 $0 $0 $0 $6,987 $20,682 $22,199 $23,738 $25,301 $26,886 250402_Brea Senior Housing (85 Units)_BB_60%.xlsx
November 27, 2024
C&C Development
14211 Yorba Street, Suite 200
Tustin, CA 92780
Sent via email to: [email protected]
SUBJECT: Preliminary Plan Review PLN 2024-00057 – A request to review a preliminary design for an 85-Unit Multi-Family Senior Affordable Housing project for consistency with Ordinance No. 1214 (PCMP No. 19-01, ZC No. 19-01, and DA No. 19-01), located on the southeast corner of Mercury Lane and Berry Street
Assessor Parcel Number: 296-141-05
Accela Record Number: PLN-2024-00057
Dear Mr. Cottle:

Thank you for your application submittal for a Preliminary Plan Review proposing the 85-Unit Multi-Family Senior Affordable Housing design at the project site. This letter provides information on project conformity with Ordinance No. 1214, which approved a multi-family housing development governed by Mercury Planned Community Master Plan, as well as any and all applicable development standards for the site.

Based on the information provided, Community Development Director has determined that the newly proposed project is in substantial conformance with Ordinance No. 1214 and as such, no additional planning entitlement would be required at this time. In addition, the submitted information was routed for review by various departments/divisions, and a comprehensive list of comments is provided by Planning Division, Building & Safety Division, Public Works Department, and Fire Department, which outlines preliminary project analysis and submittal requirements needed before your project is submitted for formal Building Permit application (Attachment B - Project Specific Comments).

For any questions regarding comments from other City departments, please contact the appropriate staff person as indicated below:

Department Name Phone Email
Community
Development,
Building and Safety
Christian Varela 714-671-4406 [email protected] Fire Nicole Pesqueira 714-990-7655 [email protected] Public Works Ryan Chapman 714-990-7667 [email protected] Trust Account Balance/Additional Fees Requested:

The Trust Account No. T250255 associated with PLN No. 2024-00057 has a current balance of approximately $672.00. It should be noted that additional staff time and fees are anticipated to be processed within the following weeks. Soon after all final costs have been assessed, Staff

ATTACHMENT C

Page 2 of 9 ends

will determine whether additional funds would be required or a credit would be refunded to the provided information on the Trust Account section of the Uniform Project Application.

Next Steps
When you are ready to submit the building permit application materials, please provide responses to staff comments (Attachment A - Project Specific Comments) as part of the building permit package. Additional information or clarification may be needed upon further review of the formal project submittal.

Please note, all comments are in addition to, and intended to compliment all applicable City Ordinances, Guidelines, and Policies which establish minimum requirements. At minimum, all requirements shall be satisfied even if they are not explicitly noted or identified in this comment letter. If you have any questions or wish to discuss the contents in this letter, you may reach me at (714) 990-7724 or by email at [email protected].

Sincerely,
Esteban Rubiano
Assistant Planner
Attachments:

A. Project Specific Comments
o Exhibit A: Ordinance No. 1214
o Exhibit B: City Council Resolution No. 2020-032
cc: Jason Killebrew, Interim Assistant City Manager
Joanne Hwang, AICP, City Planner
Rebecca Pennington, Senior Planner
Christian Varela, Building Official
Ryan Chapman, City Engineer
Nicole Pesqueira, Fire Marshal
Philip Rodriguez, Police Captain

Page 3 of 9 ends

ATTACHMENT A

PROJECT SPECIFIC COMMENTS
Project Description: The proposed project involves the development of an 85-Unit Affordable Senior Housing Community consisting of a 5-story building and 60-space surface parking area (“Project”) on an approximately 1-acre parcel situated within the project site. • General Plan Land Use: The Project site is located in the Light Industrial General Plan Land Use Designation. The intent of this land use designation is to, “accommodates industrial uses that are low intensity and contained entirely within buildings. Allowable uses include research and development, light manufacturing and processing, offices, light warehousing and storage, high-technology production, and related uses. Other uses determined to be compatible may also be allowed.”
• Zoning: The Project site is located in the in the Planned Community Zone, specifically The Mercury Planned Community Master Plan. The intent of The Mercury Planned Community Master Plan “is to create a residential development that will serve Brea and north Orange County communities. The project’s location and proposed residential use provides infill housing in a location where public services and utilities are readily available and other amenities and public transit are within walking distance. Additionally, the project offers housing opportunities that are not available in the current market in the City.”
• General Plan and Zoning Consistency: Per the City’s Zoning Code, the Planned Community (PC) Zone is intended to encourage innovative development that allows a diversification of uses, use relationships, building heights, densities, and open spaces in planned community developments while ensuring consistency with the city's General Plan. If determined to be consistent with the City’s General Plan, PC Zone may be implemented on any parcel located within the City, as long as requirements of Brea City Code Section 20.272.030 are satisfied. On May 19 and June 2, 2020, the City Council approved the Project Site’s PC Zoning by adopting Ordinance No. 1214 (Exhibit A). By doing so, the City Council determined that the PC Zoning and the associated Mercury Planned Community Master Plan (MPCMP) is consistent with the City’s General Plan because the Project site is located within an area identified as “Mercury Land Corridor,” which was identified in the City’s 5th Cycle Housing Element as areas with potential to accommodate future mixed-use and high-density housing due to its proximity to the City’s Downtown area (Brea Downtown) and major employment centers. • Entitlement Background: The proposed Project, as submitted, was determined to be in substantial conformance with the following approved entitlement:
o Ordinance No. 1214: On May 21, 2024, City Council approved the Planned Community Master Plan (PCMP) No. 19-01 and related entitlements:
 Zone Change No. 19-01 – Approval from C-M (Commercial Industrial) to P-C (Planned Community)
 Development Agreement No. 19-01 – Development of workforce residential units on a 1.01-acre parcel

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As such, no additional planning entitlements would be required, as long as the project continues to maintain substantial conformance with the above listed approved entitlements.

California Environmental Quality Act:

On May 19, 2020, a Final Environmental Impact Report (EIR, State Clearinghouse #2018121032), along with a Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program, was adopted through City Council Resolution No. 2020-032 (Exhibit B) in conjunction of the adoption of Ordinance No. 1214, which fully analyzed potential impact of a 114-unit multi-family housing project as part of PCMP No. 19-01 (“Previous Project”). The scope of the Project, as submitted, is determined to be consistent with the Previous Project, where there are no substantial changes proposed from the original project, no substantial changes to the circumstances under which the Project is undertaken, and no new information of substantial importance has been provided. As such, the Community Development Director has determined, based on the application submittals and the whole of the administrative record, that no subsequent EIR is necessary pursuant to Section 15162 (a) of the California Environmental Quality Act; therefore, no further environmental review is necessary at this time.

Community Development Department - Planning Division – Comments

1. Prior to building permit issuance, the Applicant shall:
a. Provide further details/justification on how the Project would meet the required minimum parking established by PCMP 19-01; Condition #6 (1.35 parking stalls per unit).
b. Provide detailed landscaping plans to illustrate compliance with required Common Open Space and Outdoor Living Areas reflected on PCMP 19-01; Condition #11.4.

2. The Project’s affordable housing program/plan shall be in substantial conformance with PCMP 19-01 and Development Agreement No. 19-01.

3. Upon formal building permit submittal, the proposed development shall be in conformance with all requirements and Conditions of Approval as set forth in City Council Ordinance No. 1214.

4. Upon formal building permit submittal, the proposed development shall be in conformance with all requirements as set forth by Development Agreement No. 19-01.

5. Upon formal building permit submittal, the proposed development shall be in conformance with all requirements as set forth by City Council Resolution No. 2020-032.

6. The applicant shall pay all project fees, inclusive of all fees as set forth in City Council Ordinance No. 1214, Development Agreement No. 19-01, or City Council Resolution No. 2020-032.

7. The applicant shall pay all Developer’s Contributions as outlined in Section 12 of Development Agreement No. 19-01.

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8. The proposed Project is subject to the requirements of Condition of Approval #7 (inclusive of its subsections) as identified in City Council Ordinance No. 1214. All items as identified are to be provided to the satisfaction of the Community Development Director and City Engineer.

Community Development Department - Building and Safety – Comments

9. In the event Project receives Federal, State or Local funding, the Project shall fully comply with accessibility (ADA) requirements as prescribed on CBC 2022 Chapter 11B.

10. Upon formal building permit submittal clearly show on plan ADA stalls required, and those shall be located the closest to the main entrance including the ADA Van Accessible and EV ADA accessible stalls.

11. Upon formal building permit submittal show on site plan the required EV Stalls and EV ADA stalls the following:
a. EV Ready parking spaces with receptacles. Twenty-four, (40) percent of the total number of parking spaces.
b. EV Ready parking spaces with EV Chargers. Six, (10) percent of the total number of parking spaces.
c. Accessible EV spaces. In addition to the requirements above, all EVSE shall comply with CBC Chapter 11B requirements.

12. Upon formal building permit submittal show on plans all required assessible (ADA) stalls.

At least 5% of unassigned/visitor parking shall be accessible. These stalls shall be on an accessible route. Considering 60 parking stalls are provided, 3 stalls shall be ADA complaint (2 ADA standard and 1 ADA Van Accessible.

13. Upon formal building permit submittal clearly identify on plans all units shall be adaptable (ADA) or visitable Units.

14. All designs shall comply with the Codes adopted at the time of the permit(s) submittal.

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

15. 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 Investigation Report.

16. The following requires separate submittals and permit issuance:
a. Building construction documents (Building Permit)
b. Civil construction documents (Grading Permit)
c. Landscape construction documents (Landscape Permit)
d. Accessory structures (trash enclosure(s)) construction documents (MISC. Permit)

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e. Fire Sprinklers (Fire Department Permit)
f. PV Systems & ESS System
g. Construction Trailers (Temporary Permit)
h. Temporary Power (Temporary Permit)

17. A site-specific Geotechnical Investigation Report shall be provided upon formal submittal to Building & Safety Division.

18. Due to proximity to the liquefaction area, the Geotechnical Investigation Report shall analyze the site liquefaction potential and provide recommendations for soil’s mitigation measures.

19. The geotechnical engineer of record shall review, stamp and sign the grading plans, foundation plans, sections and details for conformance with the Geotechnical Investigation Report.

20. Brea GIS indicates site is within a Flood Hazard Area, Project’s civil engineer shall ensure Project meets or exceeds the requirements as set forth on CBC2022 Sec 1603.1.7.

21. 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 operations and assure implementation of the site grading recommendations. All recommendations shall be implemented to the performance standards specified in the Soil 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.

22. Upon formal building permit submittal indicate on plans whether or not the site is with in any of the following zones:
a. Flood zone
b. Liquefaction zone

23. Upon formal building permit submittal, the applicant shall submit a photometric plan showing exterior illumination to be not less than 1 foot-candle at walking floor surface along the accessible route and path of travel components.

24. Upon formal building permit submittal, deferred submittal items shall have the prior approval of the building official.

25. Upon formal building permit submittal any code deviations will require submittal of Alternative Materials, design and Methods (CBC Sec. [A]104.11) or Modification request (CBC Sec. [A]104.10). Code sections and alternatives are required with complete justification for request.

26. Prior to the Project building & safety inspection, a building height certificate shall be prepared by a licensed civil engineer registered in the state of California and submitted to the Building Official for review.

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27. Prior to the Project building & safety final inspection, a CASp report shall be submitted to the Building Official for review. Said report shall identified any project deficiencies and it shall provide recommendation for the owner to resolve all deficiencies.

28. Prior to Certificate of Occupancy issuance, all outstanding fees on the Project shall be paid.

29. Upon formal building permit submittal additional requirements may be imposed when the Project is submitted for building & safety division plan check review and approval.

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

31. To apply for a building permit, submit for plan check, or apply for a Certificate of Occupancy please email your application and all necessary documents to [email protected]
Public Works Department – Engineering Division – Comments

32. Upon formal building permit submittal, if a requirement of the development (as outlined in City Council Ordinance No. 1214, Development Agreement No. 19-01, or City Council Resolution No. 2020-032) is assumed to have been previously addressed by a previous application package, the applicant shall provide supporting documentation that clarifies how the items had been previously addressed for City staff review.

33. Upon formal building permit submittal, the applicant shall provide an ALTA/NSPS Survey for the property and a current title report (current within 6-months of formal permit submittal and with links to easement documents enabled) in PDF form. a. Note that 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.

34. Upon formal building permit submittal, a Sanitary Sewer Study shall be provided to identify the impact of the proposed development on the public sanitary sewer system based on the current proposed project programming. Please refer to the City of Brea Sewer Master Plan (dated November 2021) for sewer design criteria and applicable unit flow factors based on land use type. Note that both the existing and proposed land use and building areas shall be identified within the provided study.

35. Upon formal building permit submittal, a Hydrology Study shall be provided to identify the impact of the proposed development on the public storm drain system, and to analyze pre-development and post development flows, based on the current proposed project programming. Said hydrology study shall provide calculations to demonstrate the sizing of the proposed storm drain infrastructure. This study shall meet all design criteria as outlined within the Orange County Hydrology Manual.

36. Upon formal building permit submittal, both a Preliminary Water Quality Management Plan (P-WQMP) and a Final Water Quality Management Plan (WQMP) is to be

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submitted to the City for review. Note that both documents are to be based on, and reflective of, the current proposed project programming.

37. Upon formal building permit submittal, an Erosion Control Plan shall be provided for review that identifies the contact information for the person to contacted in case of an emergency. In the case that the Project area of disturbance is over 1-acre, the Erosion Control Plan shall also include and identify the SMARTS WDID number.

38. Upon formal building permit submittal, the applicant shall provide a brief narrative describing how this project will meet all solid waste and recycling requirements identified under AB 939, AB 341, AB 1826, SB 1383 and Brea City Code Chapter 8.56.

39. The provided submittal documentation does not currently showcase the location of a trash enclosure or internal trash room inside of the proposed building. Condition of Approval #14 of City Council Ordinance No. 1214 identifies specific requirements as to trash and storage. Upon formal building permit submittal, the applicant shall clearly identify the location of the proposed waste enclosure or waste chute system for the development and verify that all three (3) streams of waste (i.e. trash, recycling, and organics containers) are included in the design. Additionally, the provided plans shall include dimensions to verify if the proposed waste facility has sufficient space to house all waste containers.

40. Prior to building permit issuance for each permit for demolition and/or construction, the applicant shall submit and obtain approval of a Waste Management Plan (WMP) for the corresponding phase of construction improvements.

Fire Department – Comments

41. Fire Master Plan: The Applicant shall prepare and submit a separate Fire Master Plan for the review and approval by the Fire Marshal and Fire Prevention Staff. This plan shall convey all fire and life safety details and shall include final plans for roadway and fire access, necessary water requirements and supply, conditions for the Project, signage and street markings, and other related items as deemed necessary by Fire Services.

Upon evaluation of the Fire Master Plan, additional access to the southeast corner of the building shall be reviewed for sufficient ingress/egress.

42. Prior to Building Final, the applicant/developer shall install a fire sprinkler system based on the information provided. Fire sprinkler plans shall be submitted to the Fire Department prior to installation. (CFC 903)

43. Prior to Building 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)

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

45. 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.

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46. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Ch. 33(CFC & CBC)

47. The Fire Department is required to set a minimum fire flow for construction of all buildings per CFC appendix B and Table B105.1. The applicant/developer shall provide documentation to show where the water system capable of delivering said fire flow for 2 hours duration at 20-PSI residual operating pressure. Specific requirements for the Project will be determined at time of submittal. (CFC 507.3, Appendix B)

48. 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.

49. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans for the Fire Department to review.

50. Prior to Building Final, a “Knox Box Rapid Entry System” shall be provided. The KnoxBox shall be installed in an accessible location approved by the Fire Code Official.

Electric powered gates shall be provided with Knox key switches for access by emergency personnel. Where manual operated gates are permitted, they shall be provided with a Knox box or Knox padlock. (CFC 506.1 & 503.6)

51. Emergency responder radio coverage shall be installed in accordance with CFC 510 and the Brea Fire Department guidelines.

ORDINANCE NO. 1214

AN ORDINANCE OF THE CITY OF BREA APPROVING THE MERCURY

RESIDENTIAL PLANNED COMMUNITY MASTER PLAN NO, PCMP
19- 01 AND RELATED ZONE CHANGE NO. ZC 19- 01 AND
DEVELOPMENT AGREEMENT NO. 19- 01 FOR DEVELOPMENT OF 114 WORKFORCE RESIDENTIAL UNITS ON A 1. 01 -ACRE PARCEL

LOCATED AT THE SOUTHEAST CORNER OF MERCURY LANE AND

BERRY STREET, AND MAKING FINDINGS IN SUPPORT THEREOF
A. RECITALS.

1. On January 15, 2019, the City Council initiated Zone Change No. ZC 19- 01 Zone Change 19- 01") in response to a request by Dwight Manley ("Applicant ") to rezone the property located at the southeast corner of Mercury Lane and Berry Street ("Subject Property") from Commercial industrial ( C -M) to Planned Community (PC), as shown in Exhibit A to this Ordinance, which is hereby incorporated as though set forth in full. The Applicant subsequently submitted applications for approval of Planned Community Master Plan No. PCMP 19- 01 (" PCMP 19- 01") and Development Agreement No. 19- 01 DA 19- 01") to develop a 5 -story building with 114 workforce residential units on the Subject Property pursuant to PCMP 19- 01. Zone Change 19- 01, PCMP 19- 01, and DA 19- 01 are collectively referred to herein as "the Project. " Copies of PCMP 19- 01 and DA 19- 01 are each on file with the City.

2. Pursuant to the requirements of the California Environmental Quality Act CEQA"), the City prepared Final Environmental Impact Report No. FEIR 19- 01 ( the FEIR") and a related Mitigation Monitoring and Reporting Program (" MMRP"), CEQA Findings of Fact (" CEQA Findings") and Statement of Overriding Considerations ("SOC').

Copies of the FEIR, the MMRP, CEQA Findings, and SOC are each on file with the City.

3. On January 28, 2020, February 25, 2020, and April 28, 2020, the Planning ORD. NO. 1214
June 2, 2020
1 EXHIBIT A
Commission held a duly noticed public hearing to consider the Project and the FEIR, at _ which all persons present had an opportunity to speak on the matter. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during that hearing, the Planning Commission voted to recommend that the City Council certify the FEIR, and adopt the MMRP, the CEQA Findings, and the SOC.

4. On May 12, 2020, the City Council held a duly noticed public hearing to consider the Project and the FEIR, at which all persons present had an opportunity to speak on the matter. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during that hearing, the City Council voted to continue the public hearing to its regular meeting on May 19, 2020.

5. On May 19, 2020, the City Council held a duly noticed continued public hearing to consider the Project and the FEIR, at which all persons present had an opportunity to speak on the matter. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during that hearing, the City Council closed the public hearing and voted to continue the item to a special meeting on May 21, 2020,

6. On May 21, 2020, the City Council held a special meeting to consider the Project and the FEIR. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during the public hearing, the City Council voted to certify the FEIR and adopt the MMRP, the CEQA Findings, and the SOC.

7. All legal prerequisites to adoption of this Ordinance have been met.

ORD. NO. 1214
June 2, 2020

EXHIBIT A
B. ORDINANCE.

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

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

2. Based on its findings in the preceding paragraphs of this Ordinance, the evidence presented at the above -referenced public hearings, including but not limited to the FEIR, the MMRP, the CEQA Findings, the SOC, the Conditions of Approval for PCMP 19- 01 set forth in Exhibit B to this Ordinance, which is hereby incorporated as though set forth in full, all written evidence and testimony presented during those hearings, and its own independent judgment and analysis, the City Council hereby finds as follows:
a. The Project is in conformity with the General Plan on grounds that include but are not necessarily limited to the following. The Project proposes a planned community master plan for 114 workforce residential units at a low and moderate rental affordability located directly adjacent to Downtown Brea and major commercial and industrial employers within a'/ to'/ 2 mile biking and walking distance. General Plan Policy HE 3. 2 promotes providing opportunities for mixed use and infill housing development opportunities in Downtown Brea as part of the City' s ongoing revitalization strategy for the area. General Plan Policy CD 1. 9 encourages new development that is organized around compact, walkable, mixed- use neighborhoods and districts to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile. Policy CD -9. 2 encourages accommodation of emerging housing trends, and encourage pedestrian linkage to surrounding neighborhoods and activity centers. Policy CD -9. 5 ORD. NO, 1214
June 2, 2020
3 EXHIBIT A
promotes providing quality, affordable housing that would accommodate young families, college students, and educators. The General Plan expressly recognizes the use of Planned Communities as a flexible planning tool for achieving a cohesive land use plan for a property or related properties.
b. The Subject Property is suitable for the Project in terms of access, size of parcel, relationship to similar or related uses and other considerations on grounds that include but are not necessarily limited to the following. The Subject Property is 1. 01 acres in size, which can accommodate the proposed 5 -story high density residential apartment building 68 -feet in height that would be directly adjacent to Downtown Brea and major commercial and industrial employers within a'/ 4 to'/ 2 mile biking and walking distance. Access for vehicles would be provided from Mercury Lane, and pedestrian and bicycle access would be ensured by frontage improvements along Berry Street and Mercury Lane. The alternative development guidelines and standards found in PCMP 19- 01 regarding building height, setbacks, floor area ratio and other development standards are suitable for the development.

C. Zone Change 19- 01 is not detrimental to the use of land in any adjacent zone on grounds that include but are not necessarily limited to the following. The Project would introduce residential uses into an area currently developed for commercial industrial uses but will be located on the edge of those uses. Existing commercial industrial uses would be buffered by Berry Street, Mercury Lane, and a parking lot predominantly used for trailer parking. Potential noise problems have been addressed by Project features and the required disclosures to future residents. Property values in adjacent zones will also benefit from the investment in improvements that will accompany ORD. NO. 1214
June 2, 2020
I.]

EXHIBIT A
and may follow the development of the new residential use. d. The Project is consistent with the Brea Envisions Community Strategic Plan on grounds that include but are not necessarily limited to the following. The Project promotes higher density living, affordable housing, and site specific standards to ensure quality design and rental affordability. The Project is located directly adjacent to The Tracks at Brea Trail, Downtown Brea, and major employers within a '/ to '/ 2 mile walking and biking distance. The Project will therefore enhance and promote pedestrian friendly development throughout our community and within the public spaces and will promote the Tracks at Brea Trail as an alternative pathway through the community. Brea Envisions calls for planning for additional, safe public pathways for pedestrians and cycling in zoning and development decisions. The Project will contribute funds towards bike lane and sidewalk improvements. Brea Envisions calls for the possible creation of development zones in the City that would encourage and allow for different uses within each zone; promoting higher density living and mixed affordable housing where appropriate for the existing neighborhood. The Project will maintain a consistent and acceptable balance of both residential and commercial/ industrial development. The Project would provide for an innovative development in an area of the City that presents unique planning challenges due to considerations such as geography, topography, and changing patterns of development not otherwise addressed by the Zoning Code on grounds that include but are not necessarily limited to the following. PCMP 19- 01 provides innovative site specific standards to allow innovative workforce housing at an affordable level in an area uniquely located between, and with pedestrian and vehicle access to, major commercial and industrial employers, which would not be possible under the ORD. NO. 1214
June 2, 2020
5 EXHIBIT A
otherwise applicable provisions of the Zoning Code.
e. The Project is in the best interest of the City as a whole on grounds that include but are not necessarily limited to the following. PCMP 19- 01 provides an emerging residential product not currently provided for by the Zoning Code and provides site specific standards to ensure quality and affordability. The Project provides 114 workforce housing residential units at a low and moderate rental affordability. The Project also provides priority to Brea employers and employees as opportunity to live, work and play within the City. It further helps fulfill State and Regional housing goals for the City as outlined by the Southern California Association of Governments' Regional Transportation Plan/Sustainable Communities Strategy. It also fulfills goals and Policies of the City' s General Plan, Housing Element and the Brea Envisions Community Strategic Plan.

3. Based on its findings in the preceding paragraphs of this Ordinance, the City Council hereby approves Zone Change No. ZC 19- 01, Planned Community Master Plan No. PCMP 19- 01, and Development Agreement No. DA 19- 01, subject to the Conditions of Approval for PCMP 19- 01 found in Exhibit B.

4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published as required by law.

ADOPTED AND APPROVED this 2" d day of June, 2020.

ATTEST:
9 ORD. NO. 1214
June 2, 2020

EXHIBIT A
I, Lillian Harris -Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at the special meeting of the City Council of the City of Brea held on the 215' day of May, 2020 and was finally passed at the regular meeting of the City Council of the City of Brea on the 2nd the day of June, 2020, by the following vote:

AYES: COUNCILMEMBERS: Simonoff, Vargas, Hupp, Marick, Parker NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
ATTEST:

Lillian Harris -Neal, City Clerk
DATED:`
ORD. NO. 1214
June 2, 2020
7 EXHIBIT A

EXHIBIT A
ZONE CHANGE NO. ZC 19- 01
The Property described as Assessor Parcel Number 296- 141- 95 shall be designated as PC Planned Community Zone on the City's official Zoning Map.

ORD. NO. 1214
June 2, 2020

EXHIBIT A

EXHIBIT B
CONDITIONS OF APPROVAL FOR PCMP 19- 01
Planned Community Master Plan No. PCMP 19- 01 is approved subject of the following conditions, which the Applicant shall incorporate into a revised version of the Planned Community Master Plan to be submitted to the City for the final review and approval of the Community Development Director prior to issuance of building permits.

1. Proiect Plans: Development must occur in substantial conformance with the plans and specifications submitted to the City Council dated May 12, 2020, which includes Planned Community Master Plan No. PCMP 19-01, site plan, conceptual architectural elevations and associated details, conceptual landscape plans on file in the Planning Division, the conditions contained herein, and all applicable City regulations.

2. Conformance: The Community Development Director's review and approval of all proposed structures for substantial conformance with Planned Community Master Plan No. PCMP 19- 01, plans and standards set forth herein as to building location, building square footage, site circulation, signage, and architecture is required prior to the issuance of any building permit. Operation and development of the Project shall remain in substantial conformance with Planned Community Master Plan No. PCMP 19- 01 in perpetuity. Significant changes to the Project may require the amendment to Planned Community Master Plan No. PCMP 19- 01.

3. Mitigation Monitoring and Reporting Program: All Mitigation Measures contained in the Mitigation Monitoring and Reporting Program from Final Environmental Impact Report No. FEIR 19- 01 are incorporated herein by reference as conditions of approval for the Project.

4. Digital Plans and Exhibits: The Applicant must provide a digital copy ( suitable for archival storage) of the plans and specifications noted in Condition 1 to the Brea Planning Division priorto the issuance of any building permits for the development.

5. Setbacks: Final building location and setbacks must be consistent with the layout shown within Planned Community Master Plan No. PCMP 19- 01 as illustrated in the plans and specifications presented to and approved by the City Council. Where the plans and specification do not address setback requirements the standards of the Mixed Use I or R-3, Multi -Family Residential, or most closely applicable zoning district as determined by the City Planner, shall apply.

5. Parking: Vehicle parking requirements in Planned Community Master Plan No.

PCMP 19- 01 must be revised to require a minimum of 1. 35 parking stalls per unit and no reduction in the number of required parking spaces shall be allowed to accommodate any bicycle parking stalls. The Applicant shall provide 118 vehicle parking spaces on- site as specified on the plans submitted to the City Council dated May 12, 2020.

ORD. NO. 1214
June 2, 2020
K

EXHIBIT A

7. Parking Management Plan: The Applicant must prepare and submit a Parking Management Plan (" PMP"), which must be prepared by a registered civil/traffic engineer. The PMP may be reviewed by the City' s parking consultant, time and fees to be paid for by the Applicant, as determined necessary by the City. The PMP shall be subject to review and approval by the Community Development Director and City Engineer and ratification by the Council prior to issuance of any building permits.

Key goals of the PMP shall be to limit off-site parking impacts to the adjacent property owners and to promote alternative transportation. The PMP must also identify a process and central contact to address and resolve any on- site parking discrepancies or issues in a timely fashion. The PMP shall include, but is not limited to, the following strategies:

7. 1. A tenant outreach plan indicating parking areas in the on-site structure and the prohibition of parking on adjacent private property ( unless off-site parking agreements are secured). The outreach plan shall include, but is not limited to, a map of the proximity of the Project to Downtown Brea and options and encouragement of alternative transportation.

7. 2. Timely, private enforcement of on- site parking requirements and off-site parking requirements, if any, in the event that monitoring reveals that the Project's total parking demand consistently exceeds the total provided parking supply (e. g. secure additional parking).

7. 3. Preparation of a parking monitoring report to assess on- site and off-site parking demands and the efficacy of any trip/ parking reducing measures.

The report shall be prepared by the Applicant and submitted to the City within one year of the Project reaching at least 50% occupancy. On- site parking locations shall be remain accessible to the City for the purposes of collecting data regarding parking demands or when a complaint threshold determined by the Community Development Director has been exceeded.

7.4. Use of on- site parking spaces shall be limited to the parking of resident/owners motor vehicles ( i. e. cars, trucks, SUVs, motorcycles).

Storage of any materials that precludes the parking of vehicles is prohibited.

The storage of recreational vehicles in a garage or structured residential vehicle space is prohibited.

7. 5. Alternative Transportation & Parking Strategies to reduce vehicle dependency. Such strategies shall include, but are not limited to, parking cash -outs, car share, carpool/vanpool programs, rideshare or ride - matching, on- site bicycle parking spaces, bike share, etc. Any such strategies shall also be required to meet any applicable public health and safety requirements.

ORD. NO, 1214
June 2, 2020
Its]

EXHIBIT A

7. E, Use of West Downtown Parking Garage; Offsite Parking. The Project may provide some of the required parking off-site subject to the further review and approval of the Community Development Director; provided that any use of the West Downtown Parking Structure shall also require an agreement with the City approved by the City Council.

8. Mercury Lane Parking and City Transportation Issues:

8. 1 Designation of reserved truck loading areas on Mercury Lane with appropriate markings and postings. No changes shall be made to the cul-de- sac on Mercury Lane as part of the Project.

8. 2 No changes are made to City policies that currently prohibit overnight parking on Mercury Lane and Berry Street as part of the Project.

8. 3 The Project site shall be added to the route for the micro -transit circulator trolley when the City implements it.

9. Bike Storage: The Applicant must maintain a minimum of 114 bicycle stalls on- site consistent with Planned Community Master Plan No. PCMP 19- 01 in perpetuity.

Additionally a bike maintenance area inclusive of adequate maintenance tools (e. g. bike pump, repair kit, tools, etc.) shall be maintained on- site and available in perpetuity. Should the need for bicycle storage and maintenance area and equipment be changed or discontinued, the Applicant shall provide a plan and justification indicating purpose of the changing need ( e.g. emerging transportation trends, improved use to accommodate parking demand, etc.) and planned use for the space.

Such justification and plan are subject to the review and approval of the Community Development Director. The plan shall serve to continue to promote alternative transportation and/or help support the parking demand for the Project.

10. Noise:

10. 1. The Project site shall be designated as " non- residential " for purposes of applying the City's noise standards, and the following requirements must be met:

10.2. The Project shall incorporate building construction techniques that achieve an interior noise standard of 45 dBA CNEL for all residential units.

10.3. A "windows closed " condition shall be required for all residential units within the Project site to meet the interior noise standard. To accommodate a windows closed conditions, all units shall be equipped with adequate fresh air ventilation, per the requirements of the California Uniform Building Code UBC).

10.4. The Project shall install upgraded windows and sliding glass doors with a minimum Standard Transmission Class (STC) ratings of 31.

ORD. NO. 1214
June 2, 2020
11 EXHIBIT A

10. 5. Prior to issuance of building permits, the Applicant shall demonstrate to the City building department that the proposed building shell and window assemblies will achieve exterior to interior noise exposure of 45 dBA CNEL or less.

10.6. The Project shall comply with California Title 24 building insulation requirements for exterior walls, roofs and common separating assemblies e. g. floor/ceiling assemblies and demising walls), as specified in the California Code of Regulations Title 24, California Building Standards Code.

10. 7. Party wall and floor -ceiling assembly designs must provide a minimum STC of 50, based on lab tests. Field tested assemblies must provide a minimum noise isolation class (NIC) of 45

10. 8. Floor -ceiling assembly designs must provide for a minimum impact insulation class ( IIC) of 50, based on lab tests. Field tested assemblies must provide a minimum FIIC of 45.

10. 9. Entry doors from interior corridors must provide an STC of 26 or more.

10. 10. Penetrations or openings in sound rated assemblies must be treated to maintain required ratings.

10. 11. Interior noise levels due to exterior sources must not exceed a community noise equivalent level ( CNEL) or a day -night level ( LDN) of 45 dBA, in any habitable room.

10. 12. For proper acoustical performance, all exterior windows, doors, and sliding glass doors shall have a positive seal and leaks/cracks must be kept to a minimum.

10. 13. The courtyard and roof top deck shall be shielded from undesirable exterior noise exposure by enclosing the space with a solid faced screening wall facing the adjacent roadways. The designed noise screening barrier's weight must be at least 3.5 pounds per square foot of face area without decorative cutouts or line -of -site openings between the shielded areas and the Project site. All gaps ( except for weep holes) shall be filled with grout or caulking to avoid flanking. The noise control barrier must be constructed using one, or any combination of the following materials: masonry block; stucco veneer over wood framing ( or foam core), or 1 - inch thick tongue and groove wood of sufficient weight per square foot; and/or transparent glass ( 318 inch thick), acrylic, polycarbonate, or other transparent material with sufficient weight per square foot.

11. Landscaping: The Applicant must provide a detailed final landscaping and irrigation plan consistent with Planned Community Master Plan No. PCMP 19- 01. Such landscaping and irrigation plan must be reviewed and approved by the City Planner ORD. NO. 1214
June 2, 2020
12 EXHIBIT A
and Public Works Department prior to the issuance of any building permits. Approved landscaping and irrigation shall be installed prior to occupancy. All landscaping and irrigation shall comply with the provisions of the City's Water Conservation Water Supply Shortage Program ( Brea City Code Chapter 13.20). The final landscaping and irrigation plans shall be in accordance with the final site and grading plans and shall include, but not be limited to the following:

11. 1. The number of trees provided shall not be less than the amount depicted on the conceptual landscape plans contained within Planned Community Master Plan No. PCMP 19- 01. A minimum of 75% of the trees shall be a minimum 36 -inch boxed size or larger with a minimum trunk height of 8 -feet and the balance of the trees shall be a minimum 24 -inch boxed size with a minimum trunk height of 8 -feet.

11. 2. Details shall include the quantity, species type and placement of final trees.

11. 3. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Unhealthy, dead or damaged plant materials shall be removed and replaced within thirty (30) days following written notice from the Community Development Department.

11. 4. Common Open Space and Outdoor Living Areas: Common open space and outdoor living space shall be consistent with the details and specifications in Planned Community Master Plan No. PCMP 19- 01. Where any ambiguity in size/ area specifications exists the provisions of the Brea Zoning Code most closely matching the issue shall be observed. These spaces are to be provided to residents and maintained by the property management or property owner in perpetuity.

12. HVAC and Venting: All HVAC and ground mounted equipment must be depicted in the construction drawings during building plancheck submittal and must be fully screened by landscaping and/or architecturally compatible screening subject to the review and approval of the Planning Division. The location of the HVAC venting and intake must be located in such a way to ensure optimal location for air quality benefits and shall be subject to the review and approval of the Building Official.

13. Mailboxes: Final mailbox designs and locations shall be reviewed and approved by the Planning Division and United States Postal Service.

14. Trash and Storage: All trash storage, including bins and containers, must be shielded from public view within a building, garage, or a gated enclosure having walls at least six (6) feet in height. The design of enclosures shall be visually consistent with the architecture used for the building and shall require a separate review and approval of the Planning Division and the Public Works Department prior to installation.

ORD. NO. 1214
June 2, 2020
13 EXHIBIT A

15. Signs: The Applicant shall provide detailed sign plans consistent with the Sign Criteria outlined in Planned Community Master Pian No. PCMP 19- 01 subject to the review and approval of the City Planner prior to the approval of any individual sign installation permit. Such plans shall include pertinent details regarding maximum sign area, letter sizes, locations, number, and associated details. Signage shall be designed to minimize aesthetic and light and glare impacts within and surrounding the Project.

16. Utilities, Grading & Site Improvements:

16. 1. Prior to issuance of a grading permit, the Applicant shall submit easement document (i. e. legal and plat) of the required dedication for City Engineer's review and approval. The legal and plat shall be prepared by a licensed Land Surveyor. The required dedications are as follow:

16. 1. 1. Berry Street: additional 2 -foot right-of-way for 5 -foot landscaped parkway and 5 -foot sidewalk.

16. 1. 2. Mercury Lane: additional 5 -foot right-of-way for 5 -foot parkway and 5 -foot sidewalk.

16. 1. 3. Corner Cutoff at Berry Street and Mercury Lane per City Code Chapter 20.08.060.

16. 2. Prior to issuance of a grading permit, the Applicant shall submit public improvement plans prepared by a Registered Civil Engineer in accordance with City of Brea Standard Plans and specifications for City Engineer's review and approval. The public improvements, include but are not limited to the following:

16. 2. 1. Remove and reconstruct the curb and gutter on Mercury Lane fronting the Project.

16. 2. 2. Remove and reconstruct the ADA ramp at the comer of Berry Street and Mercury Lane per latest City standards.

16. 2. 3. Construction of 5 -foot sidewalk on Berry Street and Mercury Lane.

16. 2. 4. Re -stripe and install street signage ( as applicable) on Mercury Lane and Berry Street.

16. 2. 5. No depressed curb ( i. e. curb cuts) shall be permitted on Berry Street. This includes any curb cuts to access the proposed service/ maintenance enclosures.

ORD. NO. 1214
June 2, 2020
14 EXHIBIT A

16. 2. 6. The Load ing/ Unload ing/ Rideshare pick-up and drop-off zone on Mercury Lane shall be placed minimum 60 -foot from the Berry Street intersection.

16. 2. 7. Location of the building doors where the building has less than 5 - foot set -back from the property line shall be included in the Civil Plans. The proposed door -swing and landing area for any door openings shall not encroach into the corner cut-off area.

16. 2. 8. Location of parkway trees shall be included on the Civil Plans per City Code Chapter 12. 20.

16. 3. Prior to issuance of a grading permit, the Applicant shall submit Solid Waste/Trash Collection Circulation Plan for City Engineer's review and approval. The proposed trash bins shall be moved to the street level through the proposed driveway approach on Mercury Lane. A separate depressed curb/curb cut shall not be permitted for this purpose. The trash bin staging area shall be provided within the private property to minimize the trash collection activities within the street.

16. 4. Prior to issuance of a grading permit, any decorative paving proposed in the public right-of-way shall be reviewed and approved by City Engineer. The Applicant shall enter into an Encroachment License Agreement for construction and maintenance of decorative features and proposed landscape and parkway trees by the Applicant.

16. 5. Prior to issuance of a grading permit, the Applicant shall submit a CCTV video inspection of the existing 8 -inch sewer lateral located at the southwest corner of the property to City for review of the existing condition prior to approval to connect. If the existing 8 -inch sewer lateral is suitable to connect to, the Applicant shall be responsible to construct a sewer lateral for the proposed development.

16. 6. All proposed shelters, including benches, for rideshare waiting purpose shall be located within the private property.

16. 7. Prior to issuance of a grading permit, the Applicant shall submit final Water Quality Management Plan for review and approval.

16. 8. The Applicant shall submit final Hydrology and Hydraulic Study for review and approval. The Hydrology and Hydraulic study shall include but not be limited to the following:

16. 8. 1. Any increased runoff from the development shall be detained onsite and the proposed discharge shall be equal or less than the pre-existing conditions in terms of quantity and velocity.

ORD. NO. 1214
June 2, 2020
15 EXHIBIT A

16. 8. 2. The final study must demonstrate that the adjacent properties, streets and existing storm drain system are not negatively impacted by the Project.

16. 8. 3. Any storm drain connection shall be constructed as a lateral to the storm drain main. A storm drain connection to the back of existing catch basin shall not be permitted.

16. 8. 4. Project site is designated as Zone X and has tendency to result in shallow flooding with average depths of less than one foot. The final study shall discuss how the proposed development is protected from the shallow flooding.

16. 9. The Applicant shall be responsible to prepare document and pay for any publication fee ( if applicable) for City to vacate the existing City owned sewer easement located at the south west corner of the property.

16. 10. The Applicant shall be responsible to obtain the permission to perform any work on the adjacent private properties.

16. 11. The Applicant shall be responsible for securing the required encroachment permits or licenses for installation of any structures, piping and landscaping in easements of record on the Project. Such approval from easement _ holders will be required by the City Engineer prior to the issuance of any permits.

16. 12. The Applicant shall complete the construction of all required public improvements, including any field punch list items prior to issuance of building occupancy.

17. Fire Master Plan: The Applicant shall prepare and submit a separate Fire Master Plan for the review and approval by the Fire Marshal and Fire Prevention Staff. This plan shall convey all fire and life safety details and shall include final plans for roadway and fire access, necessary water requirements and supply, conditions for the Project, signage and street markings, and other related items as deemed necessary by Fire Services. Upon evaluation of the Fire Master Plan, additional access to the southeast corner of the building shall be reviewed for sufficient ingress/egress.

18. Wall & Fencing Plan: The design and location for all walls and fences shall be subject to the review and approval of the City Planner. All perimeter walls shall be of a decorative masonry construction with appropriate capstones and columns. A final Wall & Fencing Plan shall be submitted for review and approval prior to the issuance of building permits.

19. Art in Public Places Program (APP): The Applicant shall be responsible for meeting Brea' s Art in Public Places requirement per the current Art in Public Places Policy ORD. NO. 1214
June 2, 2020
16 EXHIBIT A
Manual and Ordinance. The minimum required public art allocation shall be 1% of the total building construction valuation as determined by the International Conference of Building Officials ( ICBG) at the time building permits are issued. The Applicant shall adhere to the following:

19. 1. Submit Part 1 of the APP application prior to issuance of building permits.

19. 2. Submit Part 2 of the APP application and obtain APP Committee approval within six ( 6) months of building permit issuance.

19. 3. Submit Part 3 of the APP application and complete sculpture installation prior to Certificate of Occupancy Issuance.

20. Fees: The Applicant shall pay any and all fees due prior to the issuance of any building permits unless otherwise outlined in Development Agreement No. DA 19-

01. 21. Housing Opportunity: The Applicant shall advertise and provide notice of the housing opportunity presented by the Project to City residents and persons working in the City as outlined in Planned Community Master Plan No. PCMP 19-01.

22. Relationship to the Zoning Code: Development Agreement No. DA 19- 01 and Planned Community Master Plan No. PCMP 19- 01 augment the development regulations and standards of the Brea Zoning Code. Whenever a question arises regarding implementation of the Project that is not addressed in the Development Agreement and/or the Planned Community Master Plan, the regulations of the Zoning Code that are most applicable to the issue, condition or situation shall apply.

In the event that the provisions of the Development Agreement and/or Planned Community Masterplan are in conflict with the Zoning Code, the conditions of the Development Agreement and/or Planned Community Masterplan shall prevail.

Words, phrases, and terms not specifically defined herein shall have the same definition as provided in the Brea Zoning Code unless it appears from the context that a different meaning was intended.

23. Interpretation: The Community Development Director shall have the responsibility to interpret the provisions of Development Agreement No. DA 19- 01, Planned Community Masterplan No. PCMP 19-01, and these conditions of approval, subject to appeal to the Planning Commission.

24. Workforce Housing in an Industrial and Commercial Area: This Project is identified as "Workforce Housing adjacent to Industrial and Commercial Uses". As such the property owner/property manager shall be required to prepare a disclosure and residential waiver and submit such documents for the review of the Community Development Director. The property owner/ property manager shall provide such disclosure to all potential residents prior to signing of lease or receiving of security deposit of rent or any other binding agreement to occupy a unit and shall obtain the w _ signature of the potential tenant on the waiver and understanding of potential noise, ORD. NO. 1214
June 2, 2020
17 EXHIBIT A
parking, industrial neighborhood challenges, etc. prior to accepting any security for occupying a unit.

25. Indemnification; Hold Harmless: 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 (collectively, "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 or pursuant to approval of Final Environmental Impact Report No. 19-01, Zone Change No. ZC 19- 01, Planned Community Master Plan No. PCMP 19- 01, Development Agreement No. 19-01, or any of these approvals; ( ii) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to such approval or approvals or the granting or exercise of the rights authorized by any or all of these approvals; and (iii) 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 any or all of these approvals, or exercise of rights granted by them. The 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 Indemnitees' 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 attorneys' fees in any such lawsuit or action.

ORD. NO. 1214
June 2, 2020
IS]

EXHIBIT A
RESOLUTION NO. 2020- 032

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT NO.

FEIR 19- 01 ( SCH NO. 2018121032) FOR THE PROPOSED MERCURY

RESIDENTIAL DEVELOPMENT LOCATED AT THE SOUTHEAST

CORNER OF MERCURY LANE AND BERRY STREET AND ADOPTING

FINDINGS, A MITIGATION MONITORING AND REPORTING

PROGRAM, A STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE SAME PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
A. RECITALS

1. On January 15, 2019, the City Council initiated Zone Change No. ZC 19- 01 Zone Change 19- 01 ") in response to a request by Dwight Manley ("Applicant") to rezone the property located at the southeast corner of Mercury Lane and Berry Street (" Subject Property") from Commercial Industrial ( C -M) to Planned Community ( PC), and the Applicant subsequently submitted applications for approval of Planned Community Master Plan No. PCMP 19- 01 (" PCMP 19- 01 "), and Development Agreement No. 19- 01 DA 19- 01") to develop a 5 -story building with 114 workforce residential units pursuant to the proposed Residential Planned Community Master Plan. Zone Change 19- 01, PCMP 19- 01, and DA 19- 01 are collectively referred to herein as "the Project." Copies of PCMP 19- 01 and DA 19- 01 are each on file with the City. 2, Pursuant to the requirements of the California Environmental Quality Act CEQA"), the City prepared Final Environmental Impact Report No. FEIR 19- 01 ( the FEIR") and a related Mitigation Monitoring and Reporting Program (" MMRP"), CEQA Findings of Fact ("CEQA Findings") and Statement of Overriding Considerations ("SOC").

Copies of the FEIR, the MMRP, CEQA Findings, and SOC are each on file with the City.

RESO NO. 2020-032
May 19. 2020
1 EXHIBIT B
Additional copies of the CEQA Findings and SOC are found in Exhibit A to this Resolution, which is hereby incorporated by reference as though set forth in full.

3. On January 28, 2020, February 25, 2020, and April 28, 2020, the Planning Commission held a duly noticed public hearing to consider the Project and the FEIR, at which all persons present had an opportunity to speak on the matter. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during that hearing, the Planning Commission voted to recommend that the City Council certify the FEIR, and adopt the MMRP, the CEQA Findings, and the SOC.

4. On May 12, 2020 and May 19, 2020, the City Council held a duly noticed public hearing to consider the Project and the FEIR, at which all persons present had an opportunity to speak on the matter. After considering all of the evidence presented, including but not limited to all written evidence and testimony presented during that hearing, the City Council voted to adopt this Resolution.

5. All legal prerequisites to adoption of this Resolution have been met.

B. RESOLUTION

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREA HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

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

2. Based on the findings in the preceding paragraphs of this Resolution, the evidence included in the record of proceedings, including but not limited to all written evidence and testimony presented during above -referenced public hearings, and its own RESO NO. 2020-032
May 19, 2020
2 EXHIBIT B
independent judgment and analysis, the City Council finds the FEIR has been completed in compliance with CEQA and presented to the City Council, the City Council has reviewed the FEIR and considered the information contained therein, and the FEIR reflects independent judgment and analysis of the City Council.

3. Based on the findings in the preceding paragraphs of this Resolution, the evidence included in the record of proceedings, including but not limited to all written evidence and testimony presented during above -referenced public hearings, and its own independent judgment and analysis, hereby certifies the FEIR and adopts the MMRP, the CEQA Findings, and the SOC.
4, The City Clerk shall certify to the adoption of this Resolution cause it to be entered into the Book of Resolutions of the City Council.

ADOPTED AND APPROVED this 19th day of May, 2020
ATTEST:
3 RESO NO. 2020- 032
May 19, 2020

EXHIBIT B
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 Council of the City of Brea, held on the 19th day of May, 2020, by the following vote:

AYES: COUNCILMEMBERS: Simonoff, Vargas, Hupp, Marick, Parker NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: None
DATE: Lf,) --e"
ATTEST: --
Lillian Harris -Neal, City Clerk
RESO NO. 2020- 032
May 19, 2020
4 EXHIBIT B

CEQA FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE

FINAL ENVIRONMENTAL IMPACT REPORT

FOR THE

MERCURY LANE RESIDENTIAL PROJECT
STATE CLEARINGHOUSE NO. 2018121032
Exhibit A

INTRODUCTION
The California Environmental Quality Act ( CEQA) requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ( EIR) prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. This document prov,des the Findings required by CEQA. The potential environmental effects of the proposed Mercury Lane Residential project proposed project) have been analyzed in a Draft Environmental Impact Report ( DEIR) ( State Clearinghouse [ SCH] 2018121032) dated Jul' 2019. A Final FIR has also been prepared that incorporates the Draft FIR and contains comments received on the DEIR, responses to the individual comments, revisions to the DEIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring anti Reporting Program for the proposed project ( NIMRP). This document provides the findings required by CEQA for approval of the proposed project.

A. STATUTORY REQUIREMENTS FOR FINDINGS
The CEQA (Pub. Res. Code ' § 21000, et seq.) and the State CEQA Guidelines ( Guidelines) ( 14 Ca.

Code Regs § 15000, et req.) promulgated thereunder, require the environmental impacts of a project be examined before a project is approved. Specifically, regarding findings, Guidelines Section 15091 provides:
a) No public agency= shall approve or carry out a project for which an HIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the FEIR.

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agenc}r.

EXHIBIT B

3. Specific economic, legal, social, technological, or other considerations, including, provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the FEIR.
b) The findings required by subsection ( a) shall be supported by substantial evidence in the record.
c) The finding in subdivision ( a)( 2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection ( a)( 3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives.
d) When making the findings required in subdivision ( a)( 1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
e) The public agency shall specify the location and custodian of the documents or other material which constitute the record of the proceedings upon which its decision is based.
f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

The " changes or alterations" referred to in Section 15091( a)( 1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental effects of the project, may include a wide variety of measures or actions as set forth in Guidelines Section 15370, including:
a) Avoiding the impact altogether by not taking a certain action or parts of an action.
b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation.
c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment.
d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action.
e) Compensating for the impact by replacing or providing substitute resources or environments.

EXHIBIT B
Regarding a Statement of Overriding Considerations, Guidelines Section 15093 provides:
a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -- wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposal [ sic] project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered " acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final FIR but are not substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/ or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

B. CERTIFICATION
Having received, reviewed, and considered the EIR for the Mercury Lane Residential Project State Clearinghouse No. 2018121032, as well as other information in the record of proceedings on this matter, the City of Brea City Council adopts the following Findings ( Findings) and Statement of Overriding Considerations, in its capacity as the legislative body for the City of Brea ( City), which is the CEQA Lead Agency. The Findings and Statements of Overriding Considerations set forth the environmental and other bases for current and subsequent discretionary actions to be undertaken by the City and responsible agencies for the implementation of the proposed project.

In addition, the City of Brea City Council ( City Council) hereby make findings pursuant to and in accordance with Section 21081 of the California Public Resources Code and State CEQA Guidelines Sections 15090 and 15091 and hereby certifies that:
1) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effect as identified in the Final EIR.
2) Such changes or alterations ate within the responsibility and jurisdiction of another public agency and not the agency making the Finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency.

EXHIBIT B
3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIA.

C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS The FEIR addresses the direct, indirect, and cumulative environmental effects of construction and operation activities associated with the proposed project. The FEIR provides the environmental information necessary for the City to make a final decision on the requested discretionary actions for all phases of this project. The FEIR was also intended to support discretionary reviews and decisions by other responsible agencies. Discretionary actions to be considered by the City may include, but are not limited to, the following:

Certify that the FEIR for the proposed project has been completed in compliance with CEQA, and reflects the independent judgement and analysis of the City; find that the City Council has reviewed and considered the information contained in the FEIR prior to approving the project; adopt the Mitigation Monitoring and Reporting Program, finding that the Mitigation Monitoring and Reporting Program is adequately designed to ensure compliance with the mitigation measures during project implementation; and determine that the significant adverse effects of the project either have been reduced to an acceptable level, or are outweighed by the specific overriding considerations of the project as outlined in the CEQA Findings of Fact and Statement of Overriding Considerations, as set forth herein. approve the proposed project and related discretionary actions needed for project construction and operation.
ll. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL

QUALITY ACT
The City published a DEIR on July 24, 2019. A FEIR was prepared in the fall of 2019 in compliance with CEQA requirements. The FEIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in State CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staff from multiple departments, representing the Lead Agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The FEIR reflects the City' s independent analysis and judgement. The key milestones associated with the preparation of the EIR are summarized below. As presented below, an extensive public involvement and agency notification effort was conducted to solicit input on the scope and content of the F.IR and to solicit comments on the results of the envitonrnental nnahysis presented in the DRIR.

EXHIBIT B
A. PUBLIC NOTIFICATION AND OUTREACH
In conformance with CEQA, the State CEQA Guidelines, and the Cite of Brea CEQA Guidelines, the City of Brea conducted an extensive environmental review of the proposed project.

Completion of a Notice of Preparation (NOP) on December 13, 2018. The public review period extended from December 13, 2018, to January 22, 2019. The NOP was published in the Brea Star Progress on January 3, 2019, The NOP was posted at the Orange County Clerk's office on December 13, 2019. Copies of the NOP were made available for public review at the City of Brea, the City's website, and at the Brea Library.

Completion of the scoping process where the public was invited by the City to participate in a scoping meeting held January 14, 2019 from 5: 00 to 7: 00 PM at the City of Brea Community Room B, 1 Civic Center Drive, City of Brea. The notice of a public scoping meeting was included in the NOP.

Preparation of a Draft EIR (DEIR), which was made available for a 45 -day public review period beginning July 24, 2019, and ending September b, 2019. The scope of the DEIR was determined based on the CEQA Guidelines Appendix G Checklist, comments received in response to the NOP, and comments received at the scoping meeting conducted by the City of Brea, Section 2. 3 of the DEIR describes the issues identified for analysis in the DEIR. The Notice of Availability NOA) for the DEIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Brea, and published in the Brea Star Progress. The NOA was posted at the Orange County= Clerk's office on July 24, 2019. The Notice of Availability of the DEIR was published in the Brea Star Progress on July 25, 2019.

Preparation of a Final EIR ( FEIR), including the responses to comments to the DEIR. The DEIR was released for a 10 -day agency review period prior to certification of the FEIR, Public hearings on the proposed project, including a Planning Commission hearing and a City Council hearing.

In summary, the City conducted all required noticing and scoping for the proposed project in accordance with Section 15083 of the CEQA Guidelines, and conducted the public review for the EIR, which exceeded the requirements of Section 15087 of the CEQA Guidelines.

B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL

PROCEEDINGS
The Cite prepared a FEIR, including Responses to Comments to the DEIR. The FEIR/ Response to Comments contains comments on the DF,IR, responses to those comments, revisions to the DEIR, and appended documents. A total of nine comment letters were received. Of the five comment letters received during the comment period and four received after the comment period, five letters were from public agencies, and four letters were from individuals and/ or organizations.

EXHIBIT B
The most prevalent concerns raised in these comment letters included impacts to transportation, air quality, parking, the number of future residents to be generated by the project and impacts on future residents, zoning and land use consistency/ compatibility, noise, and water quality.

The FEIR found that prior to mitigation, implementation of the proposed project will result in potentially significant impacts to Cultural and Paleontological Resources, Hazards and Hazardous Materials, Transportation, and Tribal Cultural Resources. However, mitigation measures ( MMs) have been developed to avoid or reduce all of these impacts to levels considered less than significant, with the exception of Transportation. The City prepared a Statement of Overriding Considerations for the impact found to be significant and unavoidable ( the proposed project would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities).

Members of the public can view searchable agendas for scheduled City Council meetings and access agenda -related City information and services directly on the following website:
https:// www.cl.brea.ca,us/ 511/ City-Councfl.

The FEIR document will be posted for viewing and download with the previously posted DEIR prior to the City' s consideration of the FEIR and project recommendations on the City' s website.

A date for consideration of the FEIR and project recommendations at the City Council was set for the proposed project and notice of the meeting was provided consistent with the Brown Act Government Code Sections 54950 et seq.). The City Council will take testimony on the proposed project and may continue on its calendar to a subsequent meeting date in its discretion.

C. RECORD OF PROCEEDINGS
For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum:

The NOP, NOA, and all other public notices issued by the City in conjunction with the proposed project.

The DEIR and FEIR for the proposed project.

All written comments submitted by agencies or members of the public during the public review comment period on the DEIR.

All responses to written comments submitted by agencies or members of the public during the public review comment period on the DEIR.

All written and verbal public testimony presented during a noticed public hearing for the proposed project.

The Mitigation Monitoring and Reporting Program.

The reports and technical memoranda included or referenced in the FEIR.

EXHIBIT B
All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR.

The Resolutions adopted by the City in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto.

Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations.

Any documents expressly cited in these Findings.

Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167. 6( e).

D. CUSTODIAN AND LOCATION OF RECORDS
The documents and other materials that constitute the administrative record for the City' s actions related to the project are at the City of Brea — Planning Division, 1 Civic Center Circle, City of Brea.

The City Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division. This information is provided in compliance with Public Resources Code Section 21091. 6( a)( 2) and Guidelines Section 15091( e).

E. PROJECT LOCATION
The project site is within the City of Brea, at the southeast corner of Berry Street and Mercury Lane, and on a square- shaped parcel ( Assessor' s Parcel Number [APN] 296- 141- 05). The project site is

1. 01 acres and is situated within a commercial industrial area just west of Brea Downtown.

F. PROJECT OBJECTIVES
The following objectives have been established for the proposed Mercury Lane Residential project and will aid decision makers in their review of the proposed project and associated environmental impacts:

Provide contemporary housing solutions for Brea' s workforce population consistent with Brea Envisions.

Provide housing choices affordable to Brea's workforce population, consistent with the City's goals in the I lousing Element to provide for a variety of housing types.

Develop housing proximate to Brea Downtown that can take advantage of the western access to the Rails to Trails as well as the Mercury Lane Bridge. 0 Provide additional opportunities for residential growth on infill parcels

EXHIBIT B
To improve the jobs -housing balance in the City of Brea and to provide new housing within close proximity to jobs and services.

Promote healthy living and physical activity by providing recreational amenities onsite and areas for secured bicycle storage to provide opportunities to utilize the alternative transportation options available proximate to the site.

G. PROJECT DESCRIPTION
The proposed project would include a five -story, approximately 68 -foot -tail, 141, 137 -square -foot podium structure that would include 114 workforce housing units. The proposed project would include recreational amenities, such as barbeques and bocce ball court, which would be on the third - floor podium in an outdoor courtyard, as well as a fitness center and clubhouse.

The project site is currently designated in the General Plan as Light Industrial and zoned Commercial -Industrial ( C -M) with a Precise Development ( PD) Overlay, according to the City of Brea General Plan zoning map. The proposed project would require a zone change to Planned Community (PC) zoning, which can provide for alternative development guidelines and standards as well as the necessary General Plan consistency. The PC Zone encourages innovative development that allows a diversification of uses, use relationships, building heights, densities, and open spaces while ensuring consistency with the City's General Plan.

CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
F_![ 3i7: i L
Section 15091 of the CEQA Guidelines requires that a Lead Agency make a Finding for each significant effect for the project. This section summarizes the significant environmental impacts of the project, describes how these impacts are to be mitigated, and discusses various alternatives to the proposed project, which were developed in an effort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.

This remainder of this section is divided into the following subsections:

Section B, Issues Deemed " No Impact" or " Less Than Significant Impact," presents topical areas that would result in no impact or less than significant impacts, as detailed in Chapter 8 of the DEIR.

Section C, Findings on " No Impact" and " Less Than Significant Impacts," presents environmental issues, as identified in Chapter 5 of the DEIR, which would result in no impact or less than significant impacts.

Section D, Findings on Impacts Mitigated to Less Than Significant, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in rhe Mitigation Monitoring Program, and the rationales for the findings.

EXHIBIT B
Section E, Significant and Unavoidable Impacts that Cannot be Mitigated to Below the Level of Significance, presents significant impacts of the proposed project that were identified in the FEIR, the mitigation measures identified in the Mitigation 'Monitoring Program, the findings for significant impacts, and the rationales for the findings.

Section IV, Alternatives to the Proposed Project, presents alternatives to the project and evaluates them in relation to the findings set forth in Section 15091( a)( 3) of the State CEQA Guidelines, which allows a public agency to approve a project that would result in one or more significant environmental effects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.

Section V, Statement of Overriding Considerations, presents a description of the proposed project' s one significant and unavoidable adverse impact and the justification for adopting a statement of overriding considerations.

Section VI, Findings on Responses to Comments on the DEIR and Revisions to the FEIR, presents the City' s findings on the response to comments and revisions to FEIR, and decision on whether a recirculated DEIR is necessan, or not.

B. ISSUES DEEMED NO IMPACT OR LESS THAN SIGNIFICANT IMPACT Pursuant to CEQA Guidelines Section 15060( d) and 15063 that allow a lead agency to skip preparation of an Initial Study and begin work directly on the IIR process, a NOP was issued without accompanying Initial Study. The following topical areas of evaluation in the Environmental Checklist in appendix G of the CEQA Guidelines were determined to require further assessment in an EIR, as stated in the NOP and NOA: . lir Quality, Cultural Resources, Greenhouse Gases, Ilazards and Hazardous Materials, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, and Tribal Cultural Resources. accordance with Section 15128 of the CEQA Guidelines, as described in Chapter 8 of the DEIR, the Citi- concluded that project impacts related to the following issues would result in no impact or would be less than significant: Aesthetics, agriculture and Forestry Resources, Biological Resources, Energy, Geology and Soils, Hvdrology and Water Quality, Itivieral Resources, Recreation, Utilities and Service Systems, and Wildfire.

Aesthetics: The project site is located in an urban area that is generally flat. Due to the distance and varying topography of the Cin,, views of scenic vistas would not be impacted. Additionally, the closest designated state scenic highway is approximately ' miles southeast of the project site.

Project implementation would not substantially degrade the existing character of the site and its surroundings; the proposed project would require a lone change to the PC 'Lone, and would not conflict with regulations governing scenic quality. The surrounding; land uses generate light; the proposed project would not significantly nighttime lighting, Security and/ or path lights, if installed, would be directed so as not to cause light to spill outside the project site, and landscaping as well as the proposed residential building would block glare from parked cars on Mercury Lane and Bern, Street. Aesthetic impact would be less than significant.

EXHIBIT B
Agriculture and Forestry Resources: The project site is vacant and located in an urbanized portion of the City. The project site is zoned C -M ( Commercial/ Industrial). There are no agricultural uses on the site or in its immediate proximity. As the site is not zoned for agricultural uses, there is no Williamson Act contract in effect onsite, and the proposed project would not conflict with forest land or timberland production, Vegetation onsite is limited to one California pepper tree and nonnative vegetation, and would not result in the loss or conversion of forest land. As there are no agricultural uses onsite or within the immediate vicinity of the project site, no impacts to agricultural and forestry resources would occur.

Biological Resources: ' rhe majority of the project site is bare; vegetation on the site is sparse, and includes grasses and one mature pepper tree. There is no native habitat and no habitat suitable for sensitive species onsite. Additionally, no sensitive natural community, riparian habitat, or wetlands is present onsite. There is one pepper tree onsite which could be used for nesting by birds protected under the California Fish and Game Code Sections 3503 et seq. In compliance with the California Fish and Game Code, the tree would be removed outside of nesting season, either prior to February 15 or after August 15. Moreover, the City of Brea Municipal Code Chapter 12.20 protects streets trees; as the pepper tree is on private property, the proposed project would not conflict with local policies protecting biological resources. The project site is not within a Natural Community Conservation Plan or Habitat Conservation Plan area.

Therefore, impacts to biological resources would be less than significant.

Energy: The proposed project would consume energy from long-term operational activities and short-term construction activities. Construction energy use would be in the form of electriciM transportation, construction materials; and operational energy use would consist of building energy use and transportation. The proposed project would not result in inefficient, wasteful, and unnecessary consumption of energy. The proposed project would be required to comply with 2016 Building and Energy Efficiency Standards and CALGreen. Furthermore, the proposed project would comply with applicable policies for energy efficiency, including the Brea Sustainability Pan; Tide 14, Sustainable Provisions, of the City of Brea Municipal Code; the current Building and Energy Standards; and CALGreen. Energy impacts of the proposed project would be less than significant.

Geology and Soils: The project site is not in an Alquist-Priolo Zone; the project site, as with the rest of southern California, is expected to experience strong seismic ground shaking. Moreover, the project site is located in a liquefaction zone, however, the liquefaction -induced differential settlements of 2. 2 inches across a distance of 50 feet are considered within the structural tolerances of a typical building supported on a shallow foundation provided that structural measures of the Geotechnical report are implemented, The project site is in a low to moderately low landslide zone, Additionally, the proposed project would implement structural and nonstructural best management practices ( BMPs) before and during construction to control surface runoff and erosion to retain sediment on the project site; soil erosion would be controlled with improvements installed on the project site. As the topography of the site is relatively flat, with slopes of approximately 1 to 2 percent, landslides and lateral spreading would be less than significant. Minor ground subsidence of approximately 0.1 foot is expected to occur in the soils

EXHIBIT B
below the zone of removal due to settlement and machinery. Strong ground shaking can cause settlement of soils underlying a site by allowing sediment particle to become more tightly packed.

The recommended remedial grading would remove a portion of the existing fill soils and replace these materials as compacted structural fill, which would reduce seismic settlement impacts to less than significant. The expansion potential of the site is very low to low; however, expansive soils may be present in the subgrade soils and the site would require overexcavarion soils. No septic tanks or alternative wastewater disposal system would be installed. All structures built for the project would adhere to the 2016 California Building Code which provides minimum standards to protect property and public welfare. Impacts to geology and soils would be less than significant
Hydrology and Water Quality: Drainage and surface water discharges during construction and operation of the proposed project would not violate any water quality standards or waste discharge requirements. The proposed project would be subject to the National Pollution Discharge Elimination System ( NP13ES) Construction General Permit requirements ( Order No. 2009- 0009- DNX'Q. BMPs would be implemented during construction and operational activities to ensure that water quality is not substantially degraded. The proposed project does not propose groundwater wells that would extract groundwater from aquifers. The proposed project would drain to the discharge location at the southeast corner of the property and outlet into an existing gutter, which is within an easement. Construction of the project would increase the potential for erosion and siltation, however, the improvements would be constructed over a short period of time and BINIPs would reduce erosion and siltation impacts. Impervious surfaces would increase onsite, however, through the use of BT%fPs pertaining to site design and low impact development, the proposed roof drain and area drain system would convey the stormwater to the southeast discharge location via an unground detention system which would be designed to ensure that the proposed drainage flows do not exceed the existing drainage flows. Runoff flows from the rooftop of the proposed development would drain to raised planter boxes for biotreatment and flow to the southeast discharge. The proposed project is within flood Ione X (0.2 percent/ 500- year flood hazard). The closest reservoir to the site is approximately 0.4 mile northwest of the site and is separated from the site by urban development, the Pacific Ocean is approximately 17 miles southwest of the site, and the project site is relatively flat; impacts to seiches, tsunamis, and mudflows would be less than significant. The proposed project would comply with the water quality and use requirements of the water quality' control plan and sustainable water management plan. Impacts to hydrology and water quality would be less than significant.

Mineral Resources: The project site is in MR`L- 1, where significant mineral deposits are unlikely or not present. There are no mitring sites in the City of area. The project site's surroundings are developed with buildings. No impacts would occur to mineral resources.

Recreation: The proposed project would create a demand for 1. 03 acres of park space, however, the City would continue to have an excess of 751 acres of park space with project implementation. The proposed project would include approximately 22,285 square feet of amenities and landscaped areas which would reduce impacts to neighborhood parks and recreational facilities. The proposed project would nor require the construction or expansion of recreational facilities. Impacts to recreational facilities would be less than significant,

EXHIBIT B
Utilities and Service Systems. The water and wastewater treatment needs of the proposed project would be served by Orange County Sanitation District (OCSD). The current available capacity of Wastewater Treatment plant 1 is 76 million gallons per day ( mgd); the plant would be able to accommodate the sewer flows generated from the proposed project, which would be 23, 940 gallons per day (gpd). The proposed project would increase water demand; water supply would be provided by the California Domestic Water Company and the Municipal Water District of Orange County through the City of Brea Water Division. The proposed project represents less than 1 percent of the total water demand in 2020. The increase in water demands, 0. 046 mdg, would be within the active design capacity of 21. 6 mgd for the City booster pumps. The estimated waste generation of the proposed project is approximately 980 pounds per day, which would be 0, 049 percent of Olinda Alpha landfill's remaining daily allowable intake of 1, 000 tons per day. The proposed project would comply with all local, state, and federal regulations pertaining to solid waste. Impacts to utilities and service systems would be less than significant.

Wildfire: The proposed project would not conflict with adopted emergency response or evacuation plans; the surrounding roadways would continue to provide emergency access to the site and surroundings during construction and postconstruction. The proposed project would not exacerbate wildfire hazards — the project site is flat and in an urbanized environment, the project site would not impact weather or topography, the project site would consist of 141, 137 square feet of impervious surfaces and 6,387 square feet of landscaped area, and is located in a low to very low fire area. The proposed project would install new infrastructure for electricity; natural gas, telecommunications, and cable service to meet service requirements and would be located in a utility room. The project site is relatively flat, Iocated in a low to moderately low landslide zone, and is in flood Zone X; therefore, it is unlikely that the site would be susceptible to downslope or downstream flooding or landslides as a result of post -fire slope instability.

Impacts to wildfires would be less than significant.

C. FINDINGS ON " NO IMPACT" AND " LESS THAN SIGNIFICANT IMPACTS" Based on the environmental issue area assessment in the FEiR, the City determined that the proposed project would have no impact or less than significant impacts, including direct, indirect, and cumulative impacts, for the environmental issues summarized below. The rationale for the conclusion that no significant impact would occur in each of the issue areas is based on the environmental evaluation in the listed topical EIR sections in Section 5 of the DEIR, which include Environmental Setting, Environmental Impacts, Cumulative Impacts, and Mitigation Measures.

Regulatory Requirements ( RR) are listed and numbered in the DEIR, and include applicable local, state, and federal regulations that are required independently of CEQA review and also serve to prevent the occurrence of, or reduce the significance of, potential environmental effects. Typical RRs include compliance with the provisions of the California Building Code, South Coast Air Quality Management District rules, local agency requirements, and other regulations and standards.

The EIR concluded that all or some of the impacts of the proposed project with respect to the following issues either will not be significant or will be reduced to below a level of significance by implementing project design features or existing regulatory requirements as detailed in Chapter 5 of

EXHIBIT B
the DEIR. Those issues include: Air Quality, Cultural Resources, Greenhouse Gas ( GIIG) Emissions, Land Use and Planning, Noise, Population and Housing, Public Services, Transportation, and Tribal Cultural Resources. CEQA Guidelines Section 15901 requires that an EIR may not be certified for a project wiuch has one or more significant environmental effects unless one of three possible findings is made for each significance effect. Since the following environmental issue areas were determined to have no impact or a less than significant impact, no findings for these issues are required.

1. Air Quality
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The DEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 1- 1; The proposed project is consistent with SCAQMD' s 2016 Air Quality Management Plan. [Threshold AQ -11
SCAQMD is directly responsible for reducing emissions from area, stationary, and mobile sources in the SOCAB to achieve National and California AAQS. SCAQMD has responded by preparing the 2016 AQNIP, which SCAQMD adopted on March 3, 2017. For southern California, regional growth projections are provided by the Southern California Association of Governments ( SLAG) and are partially based on land use designations in city/ county general plans. CEQA Guidelines Section

15.206( b) states that proposed project is of statewide, regional, or area -wide significance if the project is a residential development of more than 500 dwelling units. The proposed project is estimated to generate up to 114 residential units and therefore would not be considered a regionally significant project that would warrant Intergovernmental Review by SLAG under CEQA Guidelines Section 15206. Although the Brea General Plan designates the proposed project site for industrial uses, the increase in the number of housing units in the City would not substantially affect growth estimates for the City in the AQMP. Additionally, operation -phase emissions associated with the proposed project would not exceed the SCAQMD regional significance thresholds, which were established to determine whether a project has the potential to cumulatively contribute to the SOCAB' s nonattainment designations. Impacts would be less than significant Impact 5. 1- 2: Construction activities associated with the proposed project would not generate short-term emissions in exceedance of SCAQMD' s threshold criteria. [ Threshold AQ -21
The SOCAB is designated nonattainment for 01 and PM,.; under the California and National AAQS, nonattainment for PMic under the California A.AQS,' and nonattainment for lead ( Los Angeles County only) under the National AAQS. According to SCAQI•iD methodology, any project that Porrions of the SoC AB along Slt- 60 in Los Angeles, Riverside, and San Bunardino counties are proposed nonattainment for NO -2 under the California AAQS,

EXHIBIT B
i
does not exceed or can be mitigated to less than the daily threshold values would not add significantly to a cumulative impact.

The proposed project would result in the short-term construction of an approximately 68 -foot -tall, 141, 137 -square -foot podium building on a 1. 01 -acre project site. The proposed residential building would be constructed over an approximately 18 -month period, beginning summer 2020 and ending by winter 2021/ 2022. Air pollutant emissions for construction of the new residential building are based on the preliminary phasing schedule provided by the applicant— including excavation and shoring, soil export,'- utility installation, foundations, vertical construction, painting, and paving.

The proposed project' s construction -related emissions are shown in Table 5. 1- 8, Ma.%imum DaaA Regional Conrtrration Emissions, on page 5. 1- 21 of the DEIR, and were quantified using the California Emissions Estimator Model, version 2016. 3. 2 ( CaWEMod), based on the construction schedule and equipment list provided by the applicant. A shown in the Table, air pollutant emissions from construction -related activities would be less than their respective SCAQMD regional significance threshold values. Impacts would be less than significant.

Impact 5, 1- 3: Long-term operation of the project would not generate additional vehicle trips and associated emissions in exceedance of SCAQMD' s threshold criteria. [Threshold AQ -21
The long-term air pollutant emissions associated with a residential project are generated by area sources ( e. g., landscape fuel use, aerosols, and architectural coatings), energy use ( natural gas), and mobile sources ( i.e., on -road vehicles associated with a project). Implementation of the proposed project would result in the construction of an approximately 141, 137 -square -foot residential building generating long-term air pollutant emissions. The proposed residential project is estimated to generate up to 653 weekday vehicle trips.= The emissions associated with the proposed project are shown in Table 5. 1- 9, Maximum Daily Regional Operational -Phare Emissions, on page 5. 1- 22 of the DEIR.

As shown in the Table, air pollutant emissions generated from operation -related activities would be less than their respective SCAQMD regional significance threshold values and would not result in a cumulatively considerable net increase in criteria pollutants. Impacts would be less than significant.

Impact 5. 1- 4: Construction of the proposed project would not expose sensitive receptors to substantial pollutant concentrations. [ Threshold AQ -31 A project could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevated levels.

Air quality modeling is conservative because it is based on construction of a previous site plan with a larger building 171, 433 square feet with subterranean parking that would require excavation, shoring, and soil export. Construction of a smaller building without subterranean parking would not require soil export.

Traffic modeling is based on a previous site plan with 120 residential units. The updated site plan has 114 units and would generate less average daily vehicle trips than identified in the traffic report.

EXHIBIT B
Localized Construction Impacts
Unlike the mass of construction and operation missions shown in Table 5. 1- 8, localized concentrations refer to an amount of pollutant in a volume of air ( parts per million or micrograms per square meter) and can be correlated to potential health effects. stir pollutant emissions generated by constriction activities are anticipated to cause temporary increases In air pollutant concentrations.

Table 5. 1- 10, Mavimum Daily Onsite Localitied Construction Fimir.rions, on page 5. 1- 24 of the DEIR, shows the maximmn daily- construction emissions ( pound per day) generated during onsite construction activities compared with the SCr1QMD' s LSTs. As shown in the Table, the construction of the proposed project would not generate construction -related onsite emissions that would exceed the LSTs. Project -related construction activities would not have the potential to expose sensitive receptors to substantial pollutant concentrations.

Construction Health Risk
SCAQMD currently does not require health risk assessments to be conducted for short-term emissions from construction equipment. SC.1QNID currently does not require the evaluation of long-term excess cancer risk or chronic health impacts for a short-term project. The proposed project would be developed in approximately 18 months. 11ie relatively short duration, when compared to a 34 -year time frame, would limit exposures to receptors. In addition, exhaust emissions from off-road vehicles associated with overall project -related construction activities would not exceed the screening -level LSTs. For these reasons, it is anticipated that construction emissions would not pose a threat to offsite receptors near the proposed project. Impacts would be less than significant.

Impact 5. 1- 5: Operation of the proposed project would not expose sensitive receptors to substantial pollutant concentrations. [ Threshold AQ -31 A project could expose sensitive receptors to elevated pollutant concentrations during operational activities if it would cause or contribute significantly to elevated levels.

Localized Operation -Phase Impacts
Land uses that have the potential to generate substantial stationary sources of emissions that would require a permit from SCAQMD include industrial land uses, such as chemical processing and warehousing operations where substantial truck idling could occur onsite. The proposed project does not fall within these categories. Operation of the proposed project would result in the use of standard onsite mecharucal equipment— such as heating, ventilation, and air quality units— and occasional use of landscaping equipment for property maintenance which would generate source emissions. Emissions of NO2, CO, PM1 , and PM2.; generated at the project site ( off-site mobile - source emissions are not included in the isr analysis) from on- site stationary sources could expose sensitive receptors to substantial concentrations of criteria air pollutants. Table 5. 1- 11, Lacalitied Onsite Operational I mis.rionx, on page 5. 1- 25 of the DEER, shows localized maximum daily- operational emissions. As shown in the Table, maximum daily operational emissions would not exceed SCAQMD LSTs. Therefore, operational emissions would not exceed the California .-\-AQS, and project operation would not expose sensitive receptors to substantial pollutant concentrations.

EXHIBIT B
Carbon Monoxide Hotspots
Under existing and future vehicle emission rates, a project would have to increase traffic volume at a single intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/ or horizontal mixing is substantially limited— in order to generate a significant CO impact. The proposed project would generate a maximum of 653 peak hour trips.a Implementation of the project would not have the potential to substantially increase CO hotspots at intersections in the vicinity of the project site. Impacts would be less than significant.

Impact 5. 1- 6: The proposed project would not result in other emissions, including odors, adversely affecting a substantial number of people. [ Threshold AQ -41 The threshold for odor is if a project creates an odor nuisance pursuant to SCAQAID Rule 402, Nuisance. The type of facilities that are considered to have objectionable odors include wastewater treatment plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/ coating operations ( e.g_, auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities.

The proposed project would develop and operate a residential building, which would not fall within the types of uses that are associated with foul odors that constitute a public nuisance. During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would temporarily generate odors. However, construction -related odor emissions would be temporary and intermitted and would not affect a significant number of people. This impact would be less than significant.

There are regulatory requirements that would reduce the proposed project' s potential impacts, as listed below:

PPP AIR -1 New buildings are required to achieve the current California Building Energy and Efficiency Standards ( Title 24, Part 6) and California Green Building Standards Code ( CALGreen) ( Title 24, Part 11). The 2016 Building and Energy Efficiency Standards were effective starting on January 1, 2017, and the 2019 Building and Energy Efficiency Standards will become Effective January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annual1v with a goal to achieve zero net energy for residential buildings by 2020 and nonresidential buildings by 2030.

PPP AIR -2 New buildings are required to adhere to the California Green Building Standards Code ( CALGreen) requirement to provide bicycle parking for new non-residential buildings, or meet local bicycle parking ordinances, whichever is stricter (CALGreen Sections 5. 106.4. 1, 14. 106.4. 1, and 5. 106. 4. 1. 2). d Tfaffie modeling; is based on a previous sit plan with 120 residential units. lie updated site plan has 114 units and would generate less average daily vehicle trips than identified in the traffic report.

EXHIBIT B
PPP AIR -3 Construction activities will be conducted in compliance with 13 California Code of Regulations ( CCR) Section 2499, which requires that nonessential idling of construction equipment is restricted to five minutes or less.

PPP r1IR- 4 Construction activities will be conducted in compliance with an), applicable South Coast rlir Quality• Management District (SCAQMD) rules and regulations, including but not limited to the following:

Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance Rule 402, Nuisance, which states that a project shall not " discharge from anv source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to am• considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 1113, which limits the volatile organic compound content of architectural coatings.

2. Cultural Resources
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FLIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 2- 1: Development of the project would not impact an identified historic resource.

Threshold C- 1]
A SCCIC records search was conducted for the project that included a review of all recorded archaeological and built -em ironment resources as well as a review of cultural resource reports, the California Points of Historical Interest, California Historical Landmark, CR1IR, NRHP, and the California State Historic Properties Directory listing were also reviewed.

Based on the results of the records search, the project site is vndiin one mile of the historic Brea Canyon. I lowever, the project site is not identified as a state or national historic resource. No impacts would occur.

Impacts 5.2- 2 and 5. 2- 3: see Section D. Findings on Significant Environmental Impacts.

EXHIBIT B
Impact 5. 2- 4: Grading activities could potentially disturb human remains, but compliance with existing regulations would ensure that impacts are less than significant.

Threshold C-31
The project site is currently vacant and would require utility connections, ground clearing, excavation, grading, and other construction activities. California Health and Safety Code Section 7050. 5 requires that if human remains are discovered on a project site, disturbance of the site must stop, and the coroner must investigate and recommend how the remains should be treated. If the coroner has reason to believe the remains Etre Native American, he or she must contact the Native .American Heritage Commission. Impacts would be less than significant.

There are regulatory requirements that would reduce the proposed project's potential impacts, as listed below:

RR CUL -1 Cultural and paleontological resources are recognized as nonrenewable resources and receive protection under the PRC and CEQA.

RR CUL -2 Native American historical and cultural resources and sacred sites are protected under PRC Sections 5097. 9 to 5097.991, which require that descendants be notified when Native American human remains are discovered and provide for treatment and disposition of human remains and associated grave goods.

RR CUL -3 The removal. without permission, of any paleontological site or feature is prohibited from lands under the jurisdiction of the state or any city, county, district, authority, or public corporation, or any agency thereof (PRC Section 5097. 5). This applies to agencies' own activities, including construction and maintenance, and permit actions by others.

RR CUL -4 Adverse impacts to paleontological resources from developments on public ( state, county, city, and district) lands require reasonable mitigation. (PRC Section 5097. 5) RR CUL -5 If human remains are discovered within a project site, disturbance of the site must stop until the coroner has investigated and made recommendations for the treatment and disposition of the human remains to the person responsible for the excavation, or to his or her authorized representative. If the coroner has reason to believe the human remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission.

California Health and Safety Code Section 7050.5)

3. Greenhouse Gas Emissions
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance.: accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts

EXHIBIT B
under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 3- 1: Implementation of the proposed would not generate a net increase in GHG emissions, either directly or indirectly, that would have a significant impact on the environment. [Threshold GHG- 11
Implementation of the proposed project would add a 141, 13' - square --foot residential building. The proposed project would generate up to 653 weekday vehicle trips.' Furthermore, operation of the residential project would result in an increase in water demand, wastewater and solid waste generation, area sources ( e.g., consumer cleaning products), and energy usage ( i.e., natural gas and electricity). The project emissions and construction -related emissions are quantified and shown in Table 5. 3- 6, Projea-Related GHG E.misfions, on page 5. 3- 21 of the DEIR. As shown in the `fable, the proposed project would not result in GHG emissions that would exceed SCAQMD' s bright -line significance threshold. Impacts would be less than significant.

Impact 5. 3- 2: Implementation of the proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. [ Threshold GHG- 21
Applicable plans adopted for the purpose of reducing GHG emissions include CARB' s Scoping plan and SCAG' s RTP/ SCS. A consistency analysis with these plans is presented below.

CARB Scoping Plan
C: ARB' s Scoping Plan is California' s GHG reduction strategy to achieve the state' s GHG emissions reduction target established by AB 32, which is to return to 1990 emission levels by year 2020, and SB 32, which is reduce emissions 40 percent below 1990 levels by 2030. Statewide strategies to reduce GHG emissions include the Low Carbon Fuel Standard, California Appliance Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the Corporate Average Fuel Economy standards, and other early action measures as necessary to ensure the state is on target to achieve the GIIG emissions reduction goals of AB 32 and SB 32. Also, new buildings are required to comply with the current Building Energy Efficiency- Standards and California Green Building Code. While measures in the Scoping Plan apply to state agencies and not the proposed project, the project's GHG emissions would be reduced from compliance with statewide measures that have been adopted since AB 32 and SB 32 were adopted. Therefore, as with the approved project, the proposed project would not obstruct implementation of the CARB Scoping Plan.

SCAG' s Regional Transportation Plan/Sustainable Communities Strategy SCAG' s 2016- 2040 RTP/ SCS was adopted April 7, 2016. The RTP/ SCS identifies multimodal transportation investments, include bus rapid transit, light rail transit, heavy rail transit, commuter rail, high-speed rail, active transportation strategies ( e.g,, bikeways and sidewalks), transportation s " Traffic nn( xichtig is based on a pre -nous site plant with 120 residential units. The updved site plan has 114 units and would gcncrare Icss average daily trips than idt-wifiW ut the traffic report.

EXHIBIT B
demand management strategies, transportation systems management, highway improvements interchange improvements, high -occupancy vehicle lanes, high -occupancy toll lanes), arterial improvements, goods movement strategies, aviation and airport ground access improvements, and operations and maintenance to the existing multimodal transportation system.

The RTP/ SCS does not require that local general plans, specific plans, or zoning be consistent with the SCS, but provides incentives for consistency for governments and developers. The proposed project would result in high density residential development proximate to Brea Downtown and major employers, As detailed in the project description, the project would enhance the pedestrian and bicycle linkages to Brea Downtown. Consequently, the project is consistent with the overall objectives of SCAG' s RTP/ SCS. The proposed project would not interfere with SCAG' s ability to implement the regional strategies outlined in the RTP/ SCS. ' This impact is less than significant.

There are regulatory requirements that would reduce the proposed project's potential impacts, as listed below:

RR GHG- 1 New buildings are required to achieve the current California Building Energy and Efficiency Standards ( Title 24, Part 6) and California Green Building Standards Code ( CALGreen) ( Title 24, Part 11). The 2016 Building and Energy Efficiency Standards were effective starting January 1, 2017, The 2019 Building and Energy Efficiency Standards will become effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri -annually with a goal to achieve zero net energy for residential buildings by 2020 and non-residential buildings by 2030,
RR GHG- 2 New buildings are required to adhere to the California Green Building Standards Code ( CALGreen) requirement to provide bicycle parking for new non-residential buildings, or meet local bicycle parking ordinances, whichever is stricter (CALGreen Sections 5. 106.4. 1, 14. 106.4. 1, and 5. 106.4. 1. 2). The proposed project would be required to provide anchored bicycle racks and long-term secured bicycle parking.

RR GHG- 3 California' s Green Building Standards Code ( CALGreen) requires the recycling and/ or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most " new construction" projects ( CALGreen Sections 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume).

RR GHG-4 Construction activities are required to adhere to Title 13 California Code of Regulations Section 2499, which requires that nonessential idling of construction equipment is restricted to five minutes or less.

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RR GI1G- 5 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand.

RR GHG-6 CARB' s Renewable Portfolio Standard ( RPS) is a foundational element of the State' s emissions reduction plan. 17hese mandates appy directly to investor-owned utilities, which in the case of the proposed project is Southern California Edison.

On September 10, 2018, Senate Bill 100 was signed into law and established the following RPS targets: 50 percent renewable resources target by December 31, 2026, and 60 percent target by December 31, 2030, SB 100 also requires that retail sellers and local publicly owned electric utilities procure a minimum quantity of electricity products from eligible renewable energy resources so that the total kilowatt hours of those products sold to their retail end- use customers achieve 44 percent of retail sales by December 31, 2024; 52 percent by December 31, 2027; and 60 percent by December 31, 2030.

RR GHG- 7 On January 18, 2007, Governor Arnold Schwarzenegger issued Executive Order 5- 1- 07 requiring the establishment of a Low Carbon Fuel Standard ( LCIjS) for transportation fuels. The LCFS was amended in 2011 and readopted in 2015. This statewide goal requires that California' s transportation fuels reduce their carbon intensity by at least 10 percent by 2020.

RR GHG- 8 The 2007 Energy Bill creates new federal requirements for increases in fleetwide fuel economy for passenger vehicles and light trucks under the Federal Corporate Average Fuel Economy Standards. The federal legislation requires a fleetwide average of 35 miles per gallon ( mpg) to be achieved by 2020. The National Highway Traffic Safety Administration is directed to phase in requirements to achieve this goal. Analysis by CARB suggests that this will require an annual improvement of approximately 3. 4 percent between 2008 and 2020.

RR GHG-9 On Jul, 22, 2002, Governor Graf• Davis signed Assembly Bill 1493 ( Pavley) requiring CARB to develop and adopt regulations designed to reduce greenhouse gases emitted by passenger vehicles and light-duty tricks beginning with the 2009 model year. The standards set within the Pavley regulations are expected to reduce GHG emissions from California passenger vehicles by about 22 percent in 2012 and about 30 percent in 2016. California had petitioned the USEPA in December 2005 to allow these more stringent standards and California executive agencies have repeated their commitment to higher mileage standards. On July 1, 2009, the USEPA granted California a waiver that will enable the state to enforce stricter tailpipe emissions on new motor vehicles.

RR GHG- 10 SB 375 requires the reduction of GHG emissions from light trucks and automobiles through land use and transportation efforts that will reduce vehicle miles traveled.

In essence, SB 375' s goal is to control GlIGs by curbing urban sprawl and through better land use planning. SB 375 essentially becomes the land use contribution to

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the GHG reduction requirements of AB 32, California' s global warming bill enacted in 2006, and SB 32.

4. Hazards and Hazardous Materials
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 4- 1: Project construction and operations of the proposed project could involve the transport, use, and/ or disposal hazardous materials; however, compliance with existing local, state, and federal regulations would ensure impacts are minimized. [Threshold H-11
Project construction would require small amounts of hazardous materials, including fuels, greases and other lubricants, and coatings such as paint. The handling, use, transport, and disposal of hazardous materials by the construction phase of the project would comply with existing regulations of several agencies— the EPA, the Orange County Environmental Health Division, OSHA, California Division of Occupational Safety and Health, and USDOT. The project would operate as a residential development. Project maintenance and operation may require the use of cleaners, solvents, paints, and other custodial products that are potentially hazardous. These materials would —. be used in relatively small quantities, clearly labeled, and stored in compliance with state and federal requirements. Moreover, the residents living in the workforce housing units may also use such products. With the exercise of normal safety practices, the project would not create substantial hazards to the public or the environment. Therefore, a less than significant impact would occur.

Additionally, construction projects typically maintain supplies on-site for containing and cleaning small spills of hazardous materials. However, construction activities would not involve a significant amount of hazardous materials, and their use would be temporary. Furthermore, project construction workers would be trained on the proper use, storage, and disposal of hazardous materials. Operation of the site would not warrant use of hazardous materials in quantities that could result in hazardous conditions. All on-site activities during construction and operation would be required to adhere to federal, state, and local regulations for the management and disposal of hazardous materials.

Therefore, transport, use, and/ or disposal of hazardous materials during construction of new developments in accordance with the proposed project would be properly managed, and impacts would be less than significant.

Impact 5. 4- 2: see Section D. Findings on Significant Environmental Impacts.

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Impact 5. 4- 3: The project site is within ane -quarter mile of an existing school; however, the proposed project would not emit substantial quantities of hazardous emissions, and use of hazardous materials on- site would be regulated by existing local, state, and federal regulations. [ Threshold H-31 The proposed project is located within one-quarter toile of Christ Lutheran Elementary School.

Operation of the proposed project would not result in the release of hazardous emissions. No significant hazardous materials, substances, or wastes would be transported, used, or disposed of in conjunction with the proposed project' s operation. The on- site use of hazardous materials at the proposed facility would be restricted to cleaning solvents and paints used by facilities maintenance staff and cleaning solvents used by residents of the workforce housing units. The materials used by facilities maintenance staff would be used in small quantities and stored in compliance with state and federal requirements. No significant impacts would affect occupants at Christ Lutheran Elementary School. Also, the project site and Christ Lutheran Elementary School are separated by urban development and Imperial Highway/ State Route -90. Impacts would be less than significant.

Impact 5. 4- 4: The project site is not on a list of hazardous materials sites. [Threshold H-41 The environmental regulator' records review conducted as part of the Phase I FS_1 searched the following databases to identifi• whether the project site was listed: Federal NPI Sites, Federal Delisted NPL Sites, CERCLIS Sites, CERCLIS-NF•RAP Sites, Federal ERNS, RCRA nonCORR-ICTS TSD Facilities, RCR1 CORRACI•S Facilities, RCRA Generators, Federal Institutional/ Engineering Control Registry, State and Tribal Equivalent N13I, Sites, State and Tribal Equivalent CERCLIS Sites, State and Tribal Registered Storage Tanks, State and Tribal Landfills and Solid Waste DLsposal Sites, State and Tribal Leaking Storage Tanks, State and Tribal Institutional Controls/ Engineering Control, State and Tribal Voluntary Cleanup Sites, State and ' Tribal Brownfield Sites, Orphan Site List, fIAZNET.

Based on the Phase 1 ESA and a review of environmental records collected for the project site, the site is not listed on EnviroStor or GeoTracker. However, there was a cleanup site for a leaking underground storage tank, where the potential contaminants were waste oil, motor oil, and hvdraulic and lubricating fluids, on 200 Berry Street; the case was closed on March 22, 1988. Construction activities would occur within the boundaries of the project site and would not disturb off-site properties. Therefore, no impacts would occur.

Impact 5. 4- 5: The project site is not in the vicinity of an airport or within the jurisdiction of an airport land use plan. [ Threshold H- 5]
The project site is not within an airport land use plan area or within two miles of a public use airport.

The nearest public -use airport is die Fullerton Municipal Airport, approximately five miles southwest of the project site. ' Ilierefore, the proposed project would not result in a safety or noise hazard for people residing at the proposed project. No impact would occur.

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Impact 5. 4- 6: The project site is not in the vicinity of an airport or within the jurisdiction of an airport land use plan. [ Threshold H-6]
The proposed project would not conflict with adopted emergency response or evacuation plans. The surrounding roadways would continue to provide emergency access to the project site and surrounding properties during construction and postconstruction. The proposed project would not result in inadequate emergency access, and impacts to adopted emergency response and evacuation plans are less than significant.

Impact 5.4- 7: The project site is not in a designated Very High Fire Hazard Severity Zone and would not expose structures and/ or residences to fire danger.

Threshold H-71
The project site is in a built -out portion of the City of Brea and is not in a fire hazard zone designated by the California Department of Forestry and fire Protection. Impacts would be less than significant.

There are regulatory requirements that would reduce the proposed project's potential impacts, as listed below:

RR HAZ- 1 Any project -related hazardous materials and hazardous wastes will be transported to and/ or from the project site in compliance with any applicable state and federal requirements, including the US Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards.

RR HAZ-2 Any project -related hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with the Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The proposed project will he designed and constructed in accordance with the regulations of the Orange County Environmental Health Department, which is the designated Certified Unified Program Agency and which implements state and federal regulations for the following programs: ( 1) Hazardous Waste Generator Program, ( 2) Hazardous Materials Release Response Plans and Inventory= Program, (3) California Accidental Release Prevention, ( 4) Aboveground Storage Tank Program, and ( 5) Underground Storage Tank Program.

RR IJAZ-3 Any project -related demolition activities that have the potential to expose construction workers and/ or the public to asbestos -containing materials or leadbased paint will be conducted in accordance with applicable regulations, including, but not limited to:

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South Coast air Quality Management District's Rule 1403 California Health and Safety Code ( Section 39650 et seq.) California Code of Regulations (Title 8, Section 1529)
California Occupational Safety and Health administration regulations California Code of Regulations, Title 8, Section 1529 [ Asbestos] and Section 1532. 1 [ Lead[)
Code of Federal Regulations ( Title 40, Part 61 [ asbestos], Title 40, Part 763 asbestos], and Title 29, Part 1926 [ asbestos and lead]) RR II AZ -4 The removal of other hazardous materials, such as polychlorinated biphenyls PCBs), mercury -containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 ( PCBs), 40 CFR 273 ( mercury - containing light ballast), and 29 CFR 1926 ( molds) by workers with the hazardous waste operations and emergency response ( HaZWOPER) training, as outlined in 29 CFR 1910. 120 and 8 CCR 5192.

RR HAZ.-5 any project -related new construction, excavations, and/ or new utility lines within 10 feet or crossing existing high-pressure pipelines, natural gas/ petroleum pipelines, or electrical lines greater than 60, 000 volts will be designed and constructed in accordance with the California Code of Regulations (Title 8, Section 1541).

5. Land Use and Planning
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FEI R evaluated the following impacts and found that no mitigation was required for the identified reasons;
Impact 5. 5- 1: Project implementation would not divide an established community.

Threshold LU -11
The project site is vacant and undeveloped and is located in a developed commercial industrial area, west of Brea Downtown, and is surrounded by light industrial land, general industrial, and commercial office uses. The proposed project would not divide an established residential community.

The following addresses impacts from introduction of a residential project into a primarily industrial area of the Cin'.

Urban Decay
The project would introduce residential uses into an industrial area of the City. This action in itself would not result in decay of the industrial area. First, although the project site is surrounded by commercial and industrial uses, the project site is on the fringe of the industrial area, approximately 580 feet from Brea Downtown. Second, the project site would be valued higher on a per acre basis

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than a light industrial use because residential uses often spur more investment. Last, the project site is currently vacant and has been vacant for some time. Thus, the introduction of residential uses to the project site, which is on the outskirts of an industrial area, would not result in urban decay due to its close proximity to Brea Downtown, the higher value of land that results from residential development, and developing a vacant site would promote more efficient use of the project site.

Industrial Adjacency
The project site is currently designated in the General Plan as Light Industrial and zoned Commercial -Industrial (C -M) with a Precise Development (PD) Overlay. The C -M zone was created to provide a buffer between heavier manufacturing operations, such as those within the Industrial zones ( M-2, M- 1). The C -M zone prohibits outdoor manufacturing or processing operations. In accordance with the CEQA Guidelines, the analysis below focuses on whether there would be any adverse environmental impact that might result from di -tiding an established industrial community.

Figure 4- 2, Zoning, on page 4- 12 of the DEIR, identifies that the nearest Industrial (M- 2, 1` i-1) zone is west across Berry Street and north of the Brea "frail. As identified above, the project site is on the eastern edge of the industrial area in the City. The proposed zone change to Planned Community PC) would not divide the industrial community. Because the project does not meet the City' s existing guidelines and standards for the Light Commercial zone, it therefore requires either: ( i) a combination of a zoning code and/ or zoning map amendment; or ( ii) a zone change to Planned Community ( PC) and approval of a PC Master Plan. The former would also require a General Plan Amendment while the latter would not because the General Plan already recognizes the use of PC Master Plans as a flexible planning tool.

Pursuant to CK -1 P. 111" QMD (see Section 5. 1, AirQualipy of the DEIR), potential environmental effects of the project are the significant effects of the proposed project on the environment, not the significant effects of the environment on the proposed project. However, as described in Section 5.4, Ha1ar ds and Hatiurrlous Muterialr, of the DEIR, only one facility proximate to the site uses chemicals in substantial enough quantities to warrant a risk management plan ( Albertsons Distribution Center Facility ID 1000000711651). The project site is approximately 845 feet southeast of this facility.

Placement of residential uses at this distance would not warrant an offsite consequence analysis.

Additionally, while industrial uses can generate a higher number of truck trips, the uses directly abutting the project site do not generate a substantial number of truck trips that idle onsite and would warrant a health risk assessments Placement of the project would not exacerbate environmental hazards.

Industrial uses west of Berry Street and north of Mercury Lane are buffered from the project site by these local roadways. The use south of the project site is an office use. The only industrial property that directly abuts the project site is SPX Cooling Technologies. Although the C -M zones requires industrial zones to be setback 100 feet from residential zone, the City- does not apply this to Mixed Use or Planned Community zones. Thus, although the project would be constructed within 100 feet The California air Resources Board 2005 air (Quality Land Use Handbook defines land uses with more than 100 trucks trips per day as having; the potential to evaluate health risk. The Montana' Fruck' 1' rip Study identifies that trucks typically comprise up to 21 percoit of total daily trips at light industrial uses.

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of the SPX building, this is not inconsistent with the zoning code. Nor would placement of a residential land use within 100 feet of the adjacent industrial building exacerbate existing hazards since this facility doesn' t use chemicals in substantial enough quantities to require submittal of a risk management plan ( see Section 5.4, Hatiardr and Hatiardoui _Materials, of the DEIR). SPX Cooling Technologies can, however, potentially generate elevated noise levels in the evening and early morning hours when residential uses are more sensitive to noise. In accordance with the California Green Building Standards Code ( CALGreen), the Citta of Brea requires that the residential units be designed to achieve interior noise levels of 45 dB CNEL (see Section 5. 6, Noise, of the DEIR). As a condition of approval, the proposed project would be required to provide disclosures to address the continued operation of adjacent uses and that residents living in the proposed project may be subject to noise. An acoustic study, per building code, would be required to achieve the City and State interior noise levels.

Consequently, placing the residential project within a parcel previously zoned C -M to provide a buffer between industrial and residential uses would not result in a significant impact on the environment. Impacts would be less than significant.

Impact 5. 5- 2: Project implementation would not conflict with the City of Brea Zoning designations. [ Threshold LU -2]
In accordance with the CEQA Guidelines, this analysis focuses on whether there would be any adverse physical environmental impact that might result from a conflicting with the existing zoning.

Spot Zoning
The proposed project would require modification of its design to meet existing guidelines and standards of a conforming zone and a zone change and General Plan amendment to those conforming designations, or alternatively, a zone change to Planned Community (PC) zoning, which can provide for alternative development guidelines and standards. Spot zoning may occur when a small parcel of property is subject to less or more restrictive zoning than the surrounding properties.

The proposed project is an approximately one -acre parcel on the eastern edge of the City' s industrial center, proximate to Brea Downtown. The project would result in conversion of the current zoning from C -M to PC. The project is surrounded by parcels zoned UNI and hl -2.

The proposed project would reclassify an approximately one -acre site with less restrictive zoning than surrounding properties. However, even where a small island is created in the midst of more/ less restricting zoning, the zoning may be upheld when the facts supporting the classification provides a public benefit. As detailed in the PC Master Plan ( see Appendix M of the DEIR), the project is intended to address the goals of the City' s General Plan Housing Element and Brea Envisions and would place workforce housing proximate to Brea Downtown and major employers.

The proposed project would increase and introduce new residential product types to the marketplace; allow for affordable market -rate residential development; promote active transportation due to the close proximity to Brea Downtown and employment opportunities and through the incorporation of a secured bicycle storage; and develop workforce housing within dose proximity- to Brea Downtown and commercial office, general industrial, and light industrial uses. " These project objectives address

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die General Plan policies that pertain to providing a jobs -housing balance; providing development that responds to diverse community needs; encouraging development that is organized around compact, walkable, mixed-use districts that reduce reliance on automobiles; and improving connections between Brea Downtown and the rest of the community. The proposed project would set aside a portion of the units as affordable units as part of the development agreement.

Further, minimal land use compatibility conflicts would occur as a result of project implementation see Impact 5. 5- 1, above). The project site is on the fringe of Brea' s industrial area and is south and southeast of an office building, Mercury Insurance, and associated parking structure, which would not create hazards or noise impacts to the proposed project. Further, uses west of the project site are buffered by Berry Street, thereby reducing potential noise and hazard impacts. Moreover, uses to the north of the project site and buffered by Mercury Lane and a parking lot are predominantly used for trailer parking and do not consist of intensive industrial uses. The only potential impacts would be onsite residents being exposed to noise from proximity to the SPX Cooling Technologies/ Recold business adjacent to the eastern portion of the project site. As identified above, the project building would be designed to achieve the required interior noise standards, and as a condition of approval, the proposed project would be required to provide disclosures to address the continued operation of adjacent uses and that residents living in the proposed project may be subject to noise. Moreover, the findings for approval of a PC Master Plan require that " the Planned Community Master Plan is in the best interest of the City as a whole," which would ensure there would be some public benefit and would not result in spot planning.

PC Zone Consistency
Prior to the approval of reclassification of the project site to the PC Zone, the project applicant would comply with the requirements outlined in Chapter 20.272, PC Planned Community, to ensure that the proposed project meets the goals and objectives of the City of Brea General Plan. These requirements, and the project' s consistency with the requirements, are outlined in the PC Master Plan see Appendix M of the DEIR),
Moreover, the PC Master Plan is intended to fulfill Policy HE -2.2, Policy HE -2. 6, Policy HE -6.5, and Policy HE -6.6, of the City of Brea General Plan Housing Element, in regard to affordable and workforce housing, as well as transportation alternatives and walkability. The PC Master Plan is intended to meet the City of Brea General Pian Housing Element's Provision of Affordable Housing Sites: Program 9, Mixed Use/ High Demio Opportunities Sites, because the project site is within the Mercury Lane corridor, which has been identified as an area of opportunity to explore for mixed- use development or high density residential infill opportunities.

The PC zone encourages ' innovative development that allows a diversification of uses, use relationships, building heights, densities, and open spaces while ensuring consistency with the City' s General Plan. Thus, the zone change of the project site would satisfy the objectives of the proposed project, which include increasing the number of housing units within the City of Brea as well as providing modern and secure housing for the workforce population. The proposed project' s close proximity to Brea Downtown and surrounding commercial office, light industrial, and general industrial uses would place workforce residents closer to employment opportunities, thereby enabling

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residents to use alternative transportation to commute to work. Therefore, the rezoning of the project site would result in benefits to the City' s housing needs and workforce population.

The proposed project would be five stories and approximately 68 feet tall. Under the current zoning, a maximum building height of 35 feet is permitted. The approval of a PC zone would allow the project to exceed the building heights of the current and adjacent properties, and no environmental effects would result from increasing building height. For example, the project requires review and approval from the Brea Fire Department to ensure that the proposed design would not increase fire hazards on- or offsite. likewise, under the PC zone the proposed project would be allowed to have a lot coverage of greater than 50 percent. The project includes a five-foot landscape area with shrub and ground cover massing along the eastern and southern boundaries of the proposed building, and a minimum ten -foot landscape area would be provided between the sidewalk and the building along Berry Street and Mercury lane. The proposed project would include an onsite parking structure. The increase in floor area ratio allowed under the PC zone would not result in an environmental impact.

Parking
The project applicant is required to provide parking in accordance with the City' s zoning requirements. If the development plans submitted by the project applicant show less than the required parking, the City would require the submittal of a parking impact analysis. Municipal Code Title 20, Division 1, Section, 20.08.040, ( D), Parking Space Requirements, details the required number of spaces for residential dwellings based on the number and type of units. ' fable 5. 5- 1, Merrup, Lane Residential Parking Requirrnaents, an page 5. 5- 11 of the DEIR, identifies parking provided onsite.

The proposed project would provide 118 velucle parking spaces and 114 bicycle parking spaces. ' The parking, as proposed, will be analyzed and studied by the City-. Parking for the proposed project would be required to meet Cin- of Brea Municipal Code Section 20.08.040, p# -Street Parking and Loading, or the exceptions, as indicated in Section 20.08.040 ( F), Exceptions or lodifirations to Of -Street Parking Requirements, which state that exceptions or modifications to the provisions can be made it the requirements of this section are considered to be excessive in accordance with the procedures outlined in the Municipal Code.

According to the draft parking analysis, the proposed project' s forecast for parking demand can be expected to be significantly less than a rvpical multifamily housing project because of (1) the relatively small size of the units, ( 2) affordable housing classification, ( 3) proximity to Brea Downtown ( 2,000 feet), and ( 4) proximity to transit and bus stations near Brea Downtown. These factors may potentially reduce the parking demand for the project compared to a typical residential use.

Pursuant to the City' s regulations, the Cin• of Brea will review the parking study and may impose additional conditions to ensure that the proposed parking demand of the project is satisfied. Review by the City would ensure that the project would provide adequate parking and would not result in a physical impact on the environment. Impacts would be less than significant.

There are regulator' requirements that would reduce the proposed project's potential impacts, as listed below:

EXHIBIT B
PPP LU 1 The proposed project is required to provide disclosures to address the continued operation of adjacent uses, and that residents living in the proposed project may be subject to noise. An acoustic study per building code would be required to ensure that design features are incorporated into the building design to reduce noise generated at the adjacent industrial uses from affecting the residential living spaces to achieve interior noise levels.

PPP LU 2 A Development Agreement, pursuant to City of Brea Municipal Code 20.272, PC Planned -Community, is required to be prepared in order to ensure the proposed project would benefit the community. The City will require the following conditions of approval: Developer and/ or rental representative shall provide notification to all affected tenants/ residents of Mercury Lane Residential that units may be exposed to elevated noise levels at all hours as a result of proximity to the adjacent industrial area.

B. Noise
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 6- 1: Construction activities would not result in temporary noise increases in the vicinity of the proposed project in excess of standards. [ Threshold N- 11 The total duration for project construction would be approximately 18 months. In terms of the proposed construction activities, the site preparation and rough grading are expected to generate the highest noise levels since they involve the largest and most powerful equipment. Construction equipment for the proposed project would include equipment such as graders, excavators, tractors, loaders, backhoes, forklifts, air compressors, boom pumps, and trucks.

Two types of short-term noise impacts could occur during construction: ( 1) mobile -source noise from transport of workers, material deliveries, and debris and soil haul and ( 2) stationary -source noise from use of construction equipment.

Construction Vehicles
The transport of workers and materials to and from the construction site would incrementally increase noise levels along site access roadways. Individual construction vehicle pass- bys may create momentary noise levels of up to approximately 85 dBA (L.) at 50 feet from the vehicle, but these occurrences would generally be infrequent and short lived. Therefore, noise impacts from construction vehicles would be less than significant.

EXHIBIT B
Construction Equipment
Noise general. d by onsite construction equipment is based on the type of equipment used, its location relative to sensitive receptors, and the timing and duration of noise -generating activities.

Each stage of construction involves different kinds of equipment and has distinct noise characteristics.

The noise produced at each construction stage is determined by combining the Leq contributions from each piece of equipment used at a given time, while accounting for the ongoing time -variations of noise emissions ( commonly referred to as the usage factor), Meavy equipment, such as a dozer or a loader, can have maximum, short -duration noise levels in excess of 80 to 85 dBA at 50 feet.

However, overall noise emissions vary considerably, depending on what specific activity is being performed at any, given moment. Noise attenuation due to distance, the number and type of equipment, and the load and power requirements to accomplish tasks at each construction phase would result in different noise levels from construction activities at a given receptor. Since noise from construction equipment is intermittent and diminishes at a rate of at least 6 dB per doubling of distance ( conservatively ignoring other attenuation effects from air absorption, ground effects, and shielding effects), the average noise levels at noise -sensitive receptors could vary considerably, because mobile construction equipment would move around the site with different loads and power requirements. Noise levels from project -related construction activities were calculated from the simultaneous use of all applicable construction equipment at spatially averaged distances ( i.e., from the acoustical center of the general construction site) to the property line of the nearest receptors.

Although construction may occur across the entire phase area, the area around the center of construction activities best represents the potential average construction -related noise levels at the various sensitive receptors.

Table 5. 6-=4, Pmjea Related Construetron Noise tit the Closest Sensitive & 4-eptor, on page 5. 6- 10 of the DEIR, shows the associated, aggregate sound levels— grouped by construction activity.

Construction activities would be temporan-, approximately 18 months, and would not increase noise levels at and near the proposed area of improvements. The highest average construction -related noise levels— up to approximately 56 dBA Ley— would occur at the residential receptors to the south during the excavation phase. This would be less than the existing ambient daytime noise levels indicated by the City noise contour map, and would not be expected to be noticeably audible above existing traffic noise on West Imperial I lighway. In addition, this would be well below the 1 fA criterion of 90 dBA Leq. As discussed above, noise sources associated with construction, repair, remodeling, or grading of any real property are exempt from the provisions of the Municipal Code provided they do not take place between the hours of 7: 00 p. m. and 7: 00 a. m. on weekdays and Saturday, or at any time on Sunday or a federal holiday. Due to the distance to the nearest sensitive receptors and with adherence to the provisions of the Municipal Code, this impact would be less than significant.

EXHIBIT B
Impact 5. 6- 2: Project implementation would not result in long-term operation -related noise that would exceed local standards. ( Threshold N-11
The proposed project would introduce new stationary sources of noise on the 1. 01 - acre project site and would result in an increase in traffic noise on roadways in the vicinity of the project site. The project proposes recreational amenities, such as barbeques and a bocce ball court, which would be on the third -floor podium in an outdoor courtyard. Recreational noise sources would typically include raised voices. No amplified music or public address systems are proposed. Therefore, noise associated with project recreational activities would be localized and is not anticipated to be audible at the nearest sensitive receptors over existing traffic noise levels on Imperial Highway and other local roadways; this impact would be less than significant.

Stationary (Operational) Noise
The proposed residential structure could introduce new stationary noise sources to the community, including mechanical equipment and property maintenance, The exterior mechanical and HVAC equipment associated with the proposed use are expected to be similar to the equipment at surrounding commercial and industrial uses. Typical HVAC; units range from approximately 70 to 75 dBA Leq at a distance of 3 feet. Future mechanical equipment associated with the proposed apartment homes would be at least 715 feet from the boundary of the site to the nearest residential receptors to the south. At this distance, the sound pressure level associated with a common central air conditioning unit would be reduced to approximately 27 dBA or less. Therefore, the noise level associated with the future central air conditioning units would be below the threshold in Municipal Code Section 8. 20.050, which limits noise to 45 dBA at nearby residential uses during the nighttime. 7 Noise from source such as property maintenance may also contribute to the total noise environment in the direct vicinity of the proposed project site. Municipal Code Section 8.20.07 indicates that noise sources associated with the maintenance of real property are exempted from the provisions of the Municipal Code, provided said activities take place between 7: 00 AM to 7: 00 PM on any day.

Therefore, impacts from stationary noise sources and occasional property maintenance activities associated with the proposed project would be less than significant.

Traffic Noise
The peak hour traffic volumes along roadways in the project area were provided for die proposed project. To determine the permanent traffic noise level increase, the " Existing Plus Project" peak hour traffic volumes were compared to the existing traffic volumes ( see Table 5. 6- 5, Project-Reluied Inarase in Trafc Noise, on page 5.6- 11 of the DEIR). The permanent noise level increase was estimated to be less than I dBA. Therefore, the proposed project would not cause a substantial permanent noise level increase at the surrounding noise -sensitive receptors. This is a less than significant impact.
7 Adjusted by 5 dBA for simple tone noise such as mechanical equipment.

EXHIBIT B
Impact 5.6- 3: The project would not generate excessive groundborne vibration or groundborne noise. [ Threshold N- 21
Vibration During Operations
operation of the proposed project would not generate substantial levels of vibration because there are no notable sources of vibrational energy associated with the project. Therefore, operation of the proposed project would not result in significant groundborne vibration impacts.

Vibration During Construction
Construction activities generate varying degrees of ground vibration, depending on the construction procedures, construction equipment used, and proximity to vibration -sensitive uses. ' fable 5. 6- 6, 1 ibration Soune Levels for Common Construction Fguipment, on page 5. 6--13 of the DEIR, lists reference vibration levels for different n-pes of commonly used construction equipment. Proposed construction would include grading, which would include equipment such as loaders. Some of these equipment types may generate substantial levels of vibration.

Vibration -Induced Structural Architectural Damage
No blasting, pile driving, or hard rock ripping/ crushing activities will be required during project construction. Since vibration -induced architectural damage could result from an instantaneous vibration event, distances are measured from the receptor facade to the nearest location of potential construction activities. At the nearest residences to the South", vibration levels from construction activity would attenuate to less than 0. 01 in/ sec PPV. The nearest nonresidential structures are the concrete parking garage to the southeast and the concrete warehouse to the east, both approximately 75 feet away. As shown in Table 5. 6- 6, vibration levels from typical construction equipment would be well below the 0.5 in/ sec PPV criterion even at a distance of 25 feet.

Construction -generated vibration levels at the nearest receptors would be much less than the vibration damage criterion for " non -engineered timber and masonry buildings" at the nearest residential buildings and below the vibration criterion for non- residential concrete structures, per FI'A guidelines. Impacts related to architectural damage due to construction vibration would not be significant.

Impact 5. 6-4: The proximity of the project site to an airport would not result in exposure of future residents to airport -related noise. [ Threshold N-31 The project site is not located within an airport land use plan, and project development would not expose people onsite to excessive airport -related noise levels. Further, the project site is not located within the vicinity of a private airstrip. Development of the proposed project would not expose people onsite to excessive noise levels from aircraft at private airstrips. Therefore, no impacts would occur.

The distance felt %ibration damage arnalysis is me•asmcd from the edge of cmstructirm to the nearest structures, which is 715 feet.

EXHIBIT B
There are regulatory requirements that would reduce the proposed project's potential impacts, as fisted below:

RR NOI- 1 The project will be constructed in accordance with Section 8. 20, Noise Control, of Brea' s Municipal Code, which generally prohibits construction, repair, remodeling, or grading of any real property between the hours of 7:00 p.m. and 7: 00 a. m. on weekdays and Saturday, or at any time on Sunday or a federal holiday.

RR NOI-2 The project will be constructed in accordance with stationary noise ordinance, Section 8. 20. 100, Air Conditioning; Refrigeration; Pool Filters and Fans, from Brea' s Municipal Code.

7. Population and Housing
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 7- 1: The proposed project would directly result in population growth of approximately 206 residents in the project area but would not induce substantial additional growth. [Threshold P- 11
Construction
Construction of the proposed project would require contractors and laborers. Because of the size of the project, the City expects that the supply of general construction labor would be available from the local and regional labor pool. The project would not result in a long-term increase in employment from short-term construction activities.

Population
Based on the US Census American Community Survey, Brea has an average household size of 1. 81 persons per household people for renters who live in structures with more than 50 units. The proposed 114 units of the project would be expected to add 206 residents. When compared to the 2018 estimated population of 44,890, the proposed project would result in an approximately 0.46 percent increase in population in the City.

As shown in Table 5. 7- 6, S( 4G Growth Projectionr for the City of Brea, on page 5. 7- 7 of the DEIR, SCAG' s 2040 estimated population for the City is 50,600, which is an increase of 5, 710 residents from the 2018 population. The potential 206 new residents would comprise approximately 3. 6 percent of the projected 20 -year increase for the City. The SCAG projections estimate a 2020 population of 48, 700 for the City, which is an increase of 3, 810 from the 2018 population estimate. If the project population is added to the existing population, the resulting estimated population of

EXHIBIT B
45, 096 remains below the near 2020 projection.`} Therefore, project implementation would not exceed SCAG population projections.

Housing
The new units would increase housing in the City by 0.69 percent, and would represent 15 percent of the forecast housing growth, of 760 units, anticipated from 2020 to 2040 for the City (see Table 5. 7- 6 of the DF.IR). The proposed project would be within SCAG' s projected housing growth.

Jobs -Housing Balance
A project' s effect on the jobs -housing balance is an indicator of how it will affect growth and quality of life in the project area. Because the jobs -housing ratio for the city is jobs -rich ( 3. 15 jobs per unit; see Table 5. 7- 6 of the DEIR), the decrease in jobs -housing ratio from the additional 114 residential units would be a slightly favorable result from a planning perspective because the project would provide more housing in a City with high employment. Impact 5. 7- 1 would be less than significant.

Impact 5. 7- 2: Project implementation would not result in displacing people and/ or housing. [Threshold P- 2]
The proposed project is currently vacant and would develop workforce housing on the project site.

According to RHNA for the 2014- 2021 Housing Element Cycle, the City's share of regional future housing needs is a total of 1, 851 new units between 2014 and 2021. The proposed project would increase the number of housing units in the city by 114 units, thereby increasing the City' s housing supply-. Therefore, the proposed project would not displace people or housing, but would increase the number of housing units in the City.

8. Public Services
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially- lessen any significant environmental impacts under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 8-1: The proposed project would introduce new structures and 206 residents into the City of Brea Fire Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel. [Threshold FP -11 Brea Fire Department Station 41 and Station # 2 are both approximately 0. 5 mile north and northeast, respectively, from the project site. The proposed project is not anticipated to have significant impacts on fire services. If firefighters and personnel are at Brea Fire Department Station 1, the response time from the station to the project site should take no more than 3 minutes; however, 6 minutes to first arriving unit on scene is standard. Additionally, there are no existing Note that all of the above figures assume residents new to the [; ity.

EXHIBIT B
deficiencies in the level of fire protection service currently provided to the area including and -- surrounding the project site. The proposed project would not have a significant impact on the ability to maintain adequate level of fire protection service to the area, however, there would be an increase in the amount of medical aids, fire alarms, and possible car/ trash fires to the area. Fire Engine 1 from Brea Fire Department Station # 1 and Fire Truck 2 from Brea Fire Department Station # 2 would be the first in units. Additionally, with the mutual aid agreement with Fullerton Fire Department Station # 4 and Los Angeles County Fire Department, there would be adequate resources available to respond to the project site in the event of an emergency. Based on the review of the project by the Brea Fire Department, there would be adequate facilities, equipment, and service personnel to respond in the event of an emergency at this location.

Moreover, the project applicant would pay the appropriate fire impact fees, fire service fees, and dispatch fees prior to the issuance of any building permits, which would be used to finance future fire protection facilities, fire service connection, and upgrades to the police and fire dispatch systems.

More specific consideration of these services and any desired augmentation to achieve best performance goals may be considered as part of the project review process and any conditions of approval for the project. Therefore, impacts would be less than significant.

Impact 5. 8- 2: The proposed project would introduce new structures and 205 residents into the City of Brea Police Department service boundaries, thereby increasing the requirement for police protection facilities and personnel.

Threshold PP -11
The proposed project is not anticipated to have significant impacts on police services based on CEQA thresholds. The Brea Police Department would respond to the project site within the expected range of response times, which is an average response time of 3.5 minutes for emergency calls, and 6 minutes or more for non -emergency calls depending on the nature of the call.

Additionally, the project applicant would be required to pay dispatch fees, prior to the issuance of any building permits, that would be used to provide future upgrades to police and fire dispatch systems. More specific consideration of these services and any desired augmentation to achieve best performance goals set forth by the police department, such as project design features to improve security onsite, may be considered as part of the project review process and any conditions of approval for the project. Therefore, impacts would be less than significant.

Impact 5. 8- 3: The proposed project would generate 78 students who would impact the school enrollment capacities of the Brea Olinda Unified School District.

Threshold SS -1]
All of the schools inTable 5. 8- 2, School Enrollment and Capacity, on page 5. 8- 10 of the DEIR, would be able to accommodate the potential increase in enrollment as a result of project implementation. The Brea Olinda Unified School District current school fees are $ 3. 79 per square foot for residential projects and $ 0. 61 per square foot for commercial projects. Pursuant to California Government Code Section 65995(h), payment of the impact fees fully mitigates impacts to school facilities.

EXHIBIT B
The student generation rate for BOUSD is 0.6846 students per dwelling unit for students in grades kindergarten through 12 (_-Appendix J of the DEIR). Therefore, the proposed project would generate 78 students.'" Student generated by the proposed project would leave Laurel Elementary School, Brea Junior High School, and Brea Olinda High School with a remaining capacity of 7, 320, and 906 students, respectively ( see Table 5. 8- 3, Estimated Pmject Stredent Generation, on page 5. 8- 11 of the DEIR). Therefore, the three affected schools would have a total available capacity of 1, 233 seats after project implementation. The proposed project would not result in the need to construct new classroom facilities and would therefore have a less than significant impact on schools.

Impact 5. 8- 4. The proposed project would introduce 206 residents to the project site; however, the City has adequate parkland, and the project would not have significant impacts to parks. [Threshold PS -11
The proposed project would create a demand for 1, 03 acres of parkland. The proposed project would provide approximately 22, 285 square feet of amenities and landscaped areas onsite. Though the Cit} has adequate parkland under the current standard ( 5 acres per 1, 000 population), distribution of parks and/ or amenities may be needed to serve the local area. With implementation of the proposed project, there would be an excess of 754.52 acres II of parks and open space in the City.

Therefore, impacts would be less than significant.

Impact 5. 8- 5: The proposed project would introduce 206 residents to the project site, which would increase the service needs for the Brea Branch Library.

Threshold LS -11
The only library in the City of Brea, Brea Branch l.ibrarv, is approximately- one mile southeast of the project site. According to the City of Brea General Plan EIR, 0.2 square foot of library space is needed per capita; therefore, the proposed project would require an additional 41. 2 square feet of library space. 1' 1' he required square footage would not warrant the construction of a new libtary or the expansion of the Brea Branch Library. The population growth as a result of project implementation would make up approximately 0.46 percent of the City' s 2018 population. Due to this negligible increase, the proposed project would not have a substantial impact associated with the provision of new or physically altered governmental facilities. Impacts would be less than significant.

There are regulatory requirements that would reduce the proposed project's potential impacts, as listed below:

PPP PS -1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq).

I° 114 units x 0.6846 students = 78. 04 students = 78 students.

I 5 acres/ 1, 000 persons = 0.005 acre/ persnrt

0. 005 acre/ permm x 44,890 (populafion CDF 2018) = 224.45 acres ( needed). 980 acres of park space ( 14% of 7, 000 acre%) — 224.25 acres = 755. 55 acres ( excess) 114 units x 1. 81 ( avcragc puscm/ household) = 206 persons 206 persons x 0,005 acre/ person = 1. 03 acres ( project need) 755.55 acres ( excess) — 1. 03 acres/ person ( pr( jeet need) = 754. 52 acres I; 0. 2 square feet x 206 residents = 41. 2 square feet of library space

EXHIBIT B
PPP PS -2 The project applicant is required to pay development impact fees ( dispatch impact fees, fire impact fees, fire service fees).

PPP PS -3 As part of the project review process, the City of Brea Fire Department will require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of Fire Master Plan. Additional design features to address the City of Brea Fire Department' s requirements will be incorporated as conditions of approval for the project
PPP PS -4 The project applicant is required to pay dispatch impact fees.

PPP PS -5 As part of the project review process, the City of Brea Police Department may require project design features to improve security onsite. Additional design features to address the City of Brea Police Department' s service standards will be incorporated as conditions of approval for the project.

PPP PS -6 Pursuant to AB 2926, new development is required to pay development impact fees to assist in providing school facilities to serve students generated by new development.

PPP PS -7 Pursuant to SB 50, new development is required to offset the costs associated with increasing school capacity, where the funds collected go to acquiring school sites, constructing new school facilities, and modernizing existing school facilities.

PPP PS -8 New development is required to fund park development and improvements through the payment of park development fees.

PPP PS -7 New development is required to pay Orange County Library impact fees to offset the costs of providing additional library resources.

9. Transportation
Finding. The Proposed Project would have a less than significant direct, indirect, and cumulative impact on the below listed thresholds of significance. Accordingly, no changes or alterations to the Proposed Project were required to avoid or substantially lessen any significant environmental impacts under those thresholds. The FEIR evaluated the following impacts and found that no mitigation was required for the identified reasons:

Impact 5. 2- 1: see Section E. Significant and Unavoidable Impacts that Cannot be Mitigated to Belo the Level ofSignificance.

Impact 5. 9- 2: The project would not conflict or be inconsistent with CEQA Guidelines 15064.3, subdivision (b). [ Threshold T-2]
The City of Brea has an opt -in period until July 1, 2020, to adopt the guidelines and new VMT-based criteria. Currently, the City of Brea continues to use its established LOS criteria. Therefore, this

EXHIBIT B
analysis relies on currently adopted LOS methodologies and criteria to evaluate transportation impacts. Table 5. 9- 12, Alen -un- Ione Reridenk'ul I i11T. on page 5. 9- 32 of the DEIR, shows the Vi.,fi' generated by the project as estimated using the California Emissions Estimator Model ( CalEEMod, Version 2016. 3. 2). NN" hile the project would result in an increase in VM'I', the proposed project would introduce high-density residential near Brea Downtown ( see Impact 5. 9- 1) and would improve the City' s jobs -housing balance ( see Section 5. 7, P9pulation and 14ousing, of the DEIR). The project would not conflict or be inconsistent with the Cite of Brea traffic analysis methodology. No impact would occur.

Impact 5. 9- 3: Project circulation improvements have been incorporated to adequately address potentially hazardous conditions ( sharp, curves, etc.), potential conflicting uses, and emergency access. [ Threshold T-3 and T-41 Roadway Hazards
A site access and internal circulation evaluation was conducted to determine if there were potential conflicts associated with site access, including potential vehicle pedestrian conflicts, Table 5. 9- 13, Project Driveway Peak Your Intersection Capacity analysis, on page 5. 9- 33 of the DEIR, summarizes the intersection level of service results for the project driveway under near-term (Year 2021) and long-term (Year 2040) traffic conditions. As shown in this table, this intersection is forecast to operate at LOS A during the AM peak hour and PNI peak hour. The overall layout would not result in any unsafe vehicle -pedestrian conflict points, and the driveway access to parking spaces is not affected by internal vehicle queuing/ stacking, The alignment and spacing of project driveways are adequate, and the on- site circulation is sufficient based on review of the proposed site plan.

Buildings surroundings provide sufficient sight distance along the drive aisles. Therefore, no impacts resulting from hazards due to design features or incompatible uses would occur as a result of the proposed project.

Emergency Access
The surrounding roadways would continue to offer emergency access to the project site and surrounding properties during and after construction. Moreover, the proposed project would not result in inadequate emergency access, and impacts to adopted emergency response and evacuation plans are less than significant. In the event of emergency, the Brea Fire Department Station # 1 and Station # 2 are 0. 5 mile north and northeast from the project site. Response time from Station # 1 from the station to the project site should less than three minutes. Impacts to emergency services would be less than significant.

There are regulatory requirements that would reduce the proposed project's potential impacts, as listed below:

RR' TRAF-1 The proposed project is required to pay development impact fees to the City of Brea pursuant to the City' s AB 1600 ' Transportation Improvement Nexus Program Ordinance 966). Based on a transportation improvement nexus program study conducted in 2011, the City Council adopted Resolution 2011- 096, which updated the impact fees, effective February 4, 2012. Fair -share fees serve to offset or

EXHIBIT B
mitigate the Cumulative traffic impacts caused by new development. The program ensures all future development in the City of Brea contributes on a fair -share basis.

RRTRAF-2 Modifications to the roadway network, including driveways, curbs, and sidewalks, are subject to approval by the City of Brea, Construction work within the right-ofway of a public roadway requires the issuance of a permit by the City of Brea.

D. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE

REDUCED TO A LESS THAN SIGNIFICANT LEVEL
The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant.

1. Cultural and Paleontological Resources
Impact 5.2. 2: Development of the project could impact archaeological resources. [ Threshold C- 2] Archeological Resources
Support for this environmental impact conclusion is fully discussed in Section 5. 2, Cu/tura! and Paleontala,gic•Al Reroun-es, and in particular, starting on page 5.2- 9 of the DEIR.

The full extent of archaeological resources in the City of Brea is unknown as only a small portion of the City has been surveyed for archaeological resources. The project site is undeveloped, and the surface and subsurface appear to have been previously disturbed. The proposed project would require connections to utility lines, ground clearing, excavation, grading, and other construction activities. According to the records search, Archaeological Determinations of Eligibility have not been made on the project site or within a one -mile radius of the project site. However, one archaeological resource has been identified within a one -Haile radius, but not on the project site.

Additionally, according to the Native American Heritage Commission' s Sacred Land Niles record search, no tribal resources were found on the project site.

Although archaeological resources were not identified on the project site, it is possible that subsurface archaeological resources exist and may be encountered during construction activities that disturb soil. If any are encountered, the City would comply with CEA Guidelines Section 15064. 5, which requires the lead agency to determine if the discovered resource is unique or historically significant, and if so to treat it in accordance with the provisions of PRC Section 21083. 2.

Mitigation Measure:

The following mitigation measure was included in the DEIR and the FEIR, and is applicable to the proposed project. The measure as provided include any revisions incorporated in the FEIR.

CUL -1 Prior to issuance of grading permits, a qualified archaeological monitor shall be identified to be on call during ground -disturbing activities. If archaeological resources are discovered during excavation and/ or construction activities, construction shall top

EXHIBIT B
witivn 25 feet of the Find, and the qualified archaeologist shall be consulted to determine whether the resource requires further study. The archaeologist shall make recommendations to the City of Brea to protect the discovered resources.

Archaeological resources recovered shall be provided to an accredited museum such as the John D. Cooper in Fullerton or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.

Finding:

Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Brea hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measure CUI,- 1 would require that a qualified archeological monitor be on- call in the event that cultural resources are uncovered during ground disturbing activities. In the event resources are uncovered, mitigation measure CUTA requires that the resources are recovered and deposited at a local museum or repository. Due to the low potential to uncover archeological resources onsite and the size of the project site, a 25 -foot buffer would be sufficient to ensure that resources would be protected in the vicinity of the find. Mitigation measure CUL -1 would reduce potential impacts to archeological and historic resources to a level that is less than significant.

Reference
DEIR Section 5. 2, Cultural and Paleonlologual Resounes Impact 5. 2. 3; Development of the project could impact paleontological resources or unique geologic features. [Threshold C- 4]
Paleontological Resources
Support for this environmental impact conclusion is fully discussed in Section 5. 2, Cultural and Paleontological Resounes, and in particular, starting on page 5. 2- 9 of d, e DEIR.

The City of Brea overlays Miocene deposits, known as the Puente Formation, and Quaternary Pleistocene Ice Age and recent) terrestrial deposits that contain fossils. ' llie project site is currently vacant and does not include unique geologic features. The proposed project would require ground clearing, excavation, grading, and other construction activities to accommodate utility requirements.

Ground disturbance activities associated with construction have the potential to discover natural landform, subsurface resources, and/ or paleontological resources.

Mitigation Measure:

The following mitigation measure was included in the DEIR and the DEIR, and is applicable to the proposed project. The measure as provided include any revisions incorporated in the FEIR.

EXHIBIT B
CUL -2 Prior to construction, ( 1) a field survey for paleontological resources consisting of record search, survey, background context, and project -specific recommendations shall be conducted by a qualified paleontologist; or ( 2) a qualified paleontologist shall monitor all excavations below five feet. If unique paleontological resources are discovered during excavation and/ or construction activities, construction shall stop within 25 feet of the find, and the qualified paleontologist shall be consulted to determine whether the resource requires further study. The paleontologist shall be consulted to determine whether the resource requires further study. The paleontologist shall make recommendations to the City of Brea to protect the discovered resources. Any paleontological resources recovered shall be provided for curation at a local curation facility such as the Los Angeles County Natural History Museum, the John D. Cooper Center in Fullerton, or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.

Finding:

Rationale for Finding
Mitigation Measure CUL -2 requires a field survey prior for paleontological resources. If resources are discovered during the field survey or during ground disturbing activities, the resources would be recovered and deposited at a local museum or repository. Due to the low potential to uncover paleontological resources onsite and the size of the project site, a 25 -foot buffer would be sufficient, and would not halt construction across the entire project site. Mitigation measure CUL -2 would reduce potential impacts to paleontological resources to a level that is less than significant.

Reference
DEIR Section 5.2, Cultural and Paleontological Resources.

2. Hazards and Hazardous Materials
Impact 5. 4-2: Construction activities may disturb pesticides in the soil associated with the site' s former use as an orchard and could create a significant hazard to the public or the environment. [Threshold H- 2]
Support for this environmental impact conclusion is fully discussed in Section 5. 4, Hazards and Hazardous Material-, and in particular, starting on page 5. 447 of the DEIR.

Based on the Phase I ESA, one " recognized environmental condition" was identified on the project site. The project site was used as an orchard from at least 1938 to approximately 1970, when the site

EXHIBIT B
became vacant, and it was used as a nursery from approximately 2010 to 2014. The project site was an orchard during a time When organochlorine and lead arsenate pesticides were used. A limited Phase Il investigation is recommended to assess the surface soil at the site for residual organochlorine and lead arsenate pesticides, since the project site was formerly used as an orchard. It is unlikely that organochlorine and lead arsenate pesticides are still present, however, in the event they are discovered onsite, a Phase II investigation would detail the necessary steps to ensure that removal of the soil would not release hazardous materials into the environment.

Mitigation Measure:

The following mitigan, n measure was included in the DEIR and the FEIR, and is applicable to the proposed project. The measure as provided include any revisions incorporated in the HEIR.

HAZ- 1 Prior to issuance construction activities onsite, a limited Phase 1I investigation shall be conducted to assess the surface soil of the project site for residual organochlorine and lead arsenate pesticides. The Phase II investigation shall be conducted in accordance with guidelines developed by the Department of Toxic Substances Control ( D'I'SC) and Environmental Protection Agency (EPA) for site assessments.

Tire Phase 11 investigation shall estimate the potential threat to public health and the environment if concentrations of pesticides are encountered using methods outlined in DTSC' s Preliminary Endangerment Assessment Guidance Manual and DTSC' s Screening Level Human health Risk Assessment guidance for implementing screenings level risk analysis. The Phase II investigation shall be submitted to the City of Brea Community Development Department for review and approval by an independent third party reviewer. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health -based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate pesticides above health -based level of concern.

Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The Construction Contractor shall implement the recommendations outlined in the Phase II.

Finding:

Rationale for Finding
Although it is unlikely that organochlorine and lead arsenate pesticides are still present, in the event they are discovered onsite, a Phase 11 investigation would detail the necessary steps to ensure that removal of the soil would not release of hazardous materials into the environment. Mitigation Measure HAZ.-1 would ensure that the risks associated with potential residual pesticides from

EXHIBIT B
historical agriculture use would be minimized. Mitigation Measure HAZ-1 would reduce potential impacts of hazards and hazardous materials to less than significant.

Reference
DEIR Section 5. 4, Platiards and Hatiardous Materials.

3. Tribal Cultural Resources
Impact 5. 10- 1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code Section 50224. 1( c).

Threshold TCR -11
Support for this environmental impact conclusion is fully discussed in Section 5. 10, Tribal Cultural ResourVes, and in particular, starting on page 5. 10- 5 of the DEIR.

The project site is vacant and surrounded by developed uses. The NAHC' s Sacred Lands File record search found no record of tribal resources on the project site ( see Appendix C of the DEIR).

Moreover, in accordance with SB 18 and AB 52, the City notified local tribes about the proposed project to determine the potential for tribal resources onsite and to determine if local knowledge of tribal cultural resources is available about the project site and surrounding area. Two tribes responded. The Viejas Band of Kumeyaay Indians ( Viejas) states that the proposed site does not have cultural significance to the tribe and that they did not require consultation. The Gabrieleno Band of mission Indians — Kizh Nation (Kizh Nation) requested consultation and stated that the City of Brea is within its tribal cultural area and requested mitigation to reduce potential impacts to tribal cultural resources.

Based on the records search and previous disturbance associated with the surrounding commercial development, the potential to uncover tribal cultural resources for the site is low. However, since the site is vacant and the proposed project would require excavations, there is potential to uncover tribal cultural resources during excavations. The Kizh Nation requested the presence of a tribal cultural monitor onsite during ground -disturbing activities.

Ground -disturbing activities, such as excavation and grading, may encounter undisturbed native souls, and it is possible that discovery of subsurface tribal cultural resources could occur.

Mitigation Measure:

The following mitigation measures were included in the DEIR and the FEIR, and are applicable to the proposed project. The measures as provided include any revisions incorporated in the FEIR.

CUI.. 1 Prior to issuance of grading permits, a qualified archaeological monitor shall be identified to be on call during ground -disturbing activities. If archaeological resources are discovered during excavation and/ or construction activities, construction shall top within 25 feet of the find, and the qualified archaeologist shall

EXHIBIT B
be consulted to determine whether the resource requires further study. The archaeologist shall make recommendations to the City of Brea to protect the discovered resources. Archaeological resources recovered shall be provided to an accredited museum such as the John D. Cooper in Fullerton or any other local museum or repositor- willing and able to accept and house the resource to preserve for future scientific study.

TCR -1
If the professional archaeologist implementing Mitigation Measure CUL -1 believes that a cultural resource encountered onsite is of Native American origin, the archaeologist shall notify representatives of Native American origin, the archaeologist shall notify representatives of Native : American tribes with traditional territories in the project region. If requested by the Native American tribe(s), the developer or archaeologist on- call shall in good faith consult on the discovery and its disposition ( e.g., avoidance, preservation, return or artifacts to tribe). If the resources are Native American in origin, a tribal monitor from the consulting tribe shall be present during the remaining site -grading activities.

TCR -2 During construction activities, the project applicant shall allow archaeological monitors of Native American tribes to access the project site on a volunteer basis to monitor grading and excavation activities.

Finding:

Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DFIR. These changes are identified in the form of the mitigation measure above, The City of Brea hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

Rationale for Finding
Mitigation Measures CUL, 1, TCR -1, and TCR -2 would reduce potential impacts associated with tribal cultural resources to a level that is less than significant. Mitigation Measure TCR -1 would require a tribal monitor present if cultural resources of Native American origin are discovered onsite.

In accordance with Mitigation Measure CUL -1, resources recovered would be deposited at a local museum or repository- to ensure their preservation.

Reference
DEIR Section S. 10, Tribal Cultural Resources.

E. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT

BE MITIGATED TO BELOW THE LEVEL OF SIGNIFICANCE
The following summary- describes the unavoidable adverse impact of the proposed project where either mitigation measures were found to be infeasible, or the mitigation measures are under the control of another lead agency. The following impact would remain significant and unavoidable:

EXHIBIT B

1. Transportation
Impact 5. 9- 1: The project could potentially conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, [Threshold T- 1]
Support for this environmental impact conclusion is fully discussed in Section 5. 9, Tran.iportation, and in particular, starting on page 5. 9- 21 of the DEIR.

Existing Plus Project Traffic Conditions
HCM-Intersection
The " Existing Plus Project" traffic conditions have been calculated based upon existing conditions and the estimated project traffic under the HCM methodology, as shown in Table 5.9- 6, Eti7sting Plus Project Peak Hour Inierseviton Capacity Anuysis — HCM, on page 5. 9- 22 of the DEIR. As identified in Table 5. 9- 6, traffic associated with the proposed project would not significantly impact any of the 14 intersections under the HCM methodology, Although the intersections of State College Boulevard at Lambert Road and State College Boulevard at Imperial Highway are forecast to operate at unacceptable LOS E during the PM peak hour with the addition of project traffic, the project is expected to add less than the allowable threshold to the delay based on City and Caltrans LOS standards.

ICU -- General Plan Consistency
The " Existing Plus Project" traffic conditions have been calculated based upon existing conditions and the estimated project traffic under the ICU methodology, as shown in Table 5. 9- 7, . F.vistinS Plus Pnjea Peak Hour Intersection Capacio Analysis — ICU, on page 5. 9- 23 of the DEIR. As identified in fable 5.9- 7, the proposed project would not significantly impact any of the 14 key study intersections. The 14 key stud), intersections are forecast to continue to operate at an acceptable LOS C or better with the addition of project generated traffic under the ICU methodology.

Near -Term (2021) Traffic Conditions
HCM-Intersection Delay
Table 5. 9- 8, Year 2021 Peak, Flour Intersedion Capacity An4ysis — HCM, on page 5. 9- 25 of the DEIR, summarizes the peak hour LOS results at the 14 key study intersections for the near-term conditions with and without the project under the HCM methodology. Forecast service levels at the intersection of Imperial Highway and Berry Avenue reflect the anticipated operating conditions with implementation of traffic signal coordination and equipment improvements planned by Caltrans at this location, As shown in Table 5. 9- 8, traffic associated with the proposed project would cumulatively impact 3 of the 14 key study intersections:
10, Berry Street at Imperial Highway (Alli and PM Peak Hour) 11, Brea Boulevard at Imperial Highway (AM Peak Hour)

EXHIBIT B
12, State College Boulevard at Imperial Highway ( ANT and PNI Peak Hour) Although the intersection of State College Boulevard at Lambert Road is forecast to operate at LOS E during the PM peak hour with the addition of project traffic, the proposed project is expected to add less than the allowable threshold to the delay based on City and Caltrans LOS standards. The remaining 11 key study intersections are forecast to continue to operate at an acceptable LOS with addition of project -generated traffic in the Year 2021.

ICU — General Plan Consistency
Table 5. 9- 9, Year 2021 Peak Ilour Interxec'tion Capacio} llnulyri.r — ICL', on page 5. 9- 26 of the DEIR, summarizes the peak hour LOS results at the 14 key study intersections for the near- term conditions with and without the project under the ICU methodology.

As identified in Table 5. 9- 9, the proposed project would not significantly impact any of the 14 key study intersections. The 14 key study intersections are forecast to continue to operate at an acceptable LOS C or better ' With the addition of project generated traffic under the ICU methodology.

Forecast Year 2040 Traffic Conditions
HCM-Intersection Delay
Table 5. 9- 10, year 2040 Peak .Hoar Intersection CapaJr , , ulna# sis — HCM, on page 5. 9- 28 of the DEIR, shows the potential traffic impacts associated with long-term growth within the study area under the HCM methodology. As identified above, forecast service levels at the intersection of Imperial Highway and Berry : Avenue reflect the anticipated operating conditions with implementation of traffic signal coordination and equipment improvements planned by Caltrans at this location.

As shown in Table 5. 9- 10, traffic associated with the proposed project would cumulatively impact 3 of the 14 key studs' intersections:
10, Berry Street at Imperial Highway (AM and PM Peak Hours) 11, Brea Boulevard at Imperial Highway (AM and PM Peak Hours) 12, State College Boulevard at Imperial Highway (AM and PM Peak Hours) Although the intersection of State College Boulevard at Lambert Road is forecast to operate at LOS E during the PM peak hour with the addition of project traffic, the proposed project is expected to add less than the threshold to the delay based on City and Caltrans LOS standards. The remaining 11 key study intersections are forecast to operate at an acceptable I, OS D or better for long-term ( Year 2040) traffic conditions.

ICU — General Plan Consistency
Table 5. 9- 11, Year 20=40 Peak Hour Intersection Capat#}' 1lnulj:sir — ICL', on page 5. 9- 29 of the DEIR, shows the potential traffic impacts associated with long-term growth within the study area. Table 5. 9-

EXHIBIT B
11 shows that two study Caltrans intersections are forecast to operate an unacceptable LOS during the AM and PM peak hours:
11, Brea Boulevard at Imperial Highway (Caltrans jurisdiction) (AM Peak Hour) 12, State College Boulevard at Imperial Highway (Caltrans jurisdiction) (PM Peak Hour) AIthough the intersections of Brea Boulevard at Imperial Highway and State College Boulevard at Imperial Highway are forecast to operate at unacceptable LOS during AM and/ or PM peak hours, the proposed project is expected to add less than 0.020 to the ICU value. Therefore, the Prosed project would not cumulatively contribute to impacts at these intersections. The remaining 12 key study intersections are forecast to operate at an acceptable LOS D or better for long-term ( Year 2040) traffic conditions.

CMP Analysis
There are three intersections in the project study area that are on Orange County Transportation Authority' s ( OCTA) CHIP Highway System: # 12, State College Boulevard at Imperial Highway; # 13, SR -57 SB Ramps at Imperial Highwal•, and # 14, SR -57 NB Ramps at Imperial highway. The CMP requires that a traffic impact analysis be conducted for any project generating 2, 400 or more daily trips, or 1, 600 or more daily trips for projects that directly access the CMP Highway System. The proposed project is forecast to generate approximately 653 daily trip -ends and therefore does not meet the criteria requiring a CMP traffic impact analysis. Additionally, no impacts were identified in the traffic impact analysis to either of these intersections.

Pedestrian, Bicycle, and Transit Access
The proposed project site would have access to public transit and other alternative forms of transportation (pedestrian network and bicycle network).

Paved sidewalks are present on all roadway studied, and the existing public sidewalk currently terminates along Berry Street at the southern boundary of the project site. The project would construct sidewalks along the Berry Street and Mercury Lane frontage, thereby extending the pedestrian network. The existing sidewalk system in the project vicinity provides direct access to major roadways ( e.g., Berry Street, Imperial Highway, and Lambert Road), linking the project site to the surrounding community, including Brea Downtown. Pedestrian access to the project would be provided via building entries/ exits on Berry Street and Mercury Lane. A staircase and elevator would provide access from Berry Street to the third -story courtyard.

The City of Brea Bikeway Plan recognizes the needs of bicycle users and aims to create a complete and safe bicycle network throughout the City. Existing Class II bike lanes are provided along Berry Street and Mercury Lane. In addition, a Class I bike path is to the east of the site along the Brea Trail.

The proposed project would include secure bicycle storage, partially shielded from the street by a painted metal grill within the parking structure.

Additionally, OCTA provides public transit, and bus service is provided in the project. Five OCTA bus routes operate in the vicinity of the project site on Brea Boulevard and Birch Street ( Route 57,

EXHIBIT B
Route 129, Route 143, Route 153, and Route 213). The proposed project would improve local pedestrian and bicycle connectivity to Brea Downtown. The proposed project would not conflict with policies, plans, or programs regarding transit, bicvcle, or pedestrian facilities.

Mitigation Measures
Year 2029 ( Cumulative Impacts) - HCM Methodology
The traffic impact analysis identified the following potential mitigation measures for intersections 10, Berry Street at Imperial Highway, # 11, Brea Boulevard at Imperial Highway; and # 12, State College Boulevard at Imperial Highway:
10, Berry Street at Imperial Highway. Remove the existing east leg crosswalk and stripe west leg and south leg crosswalks. To achieve this, a pedestrian landing area is needed in the southwest corner of the intersection. Modify the existing traffic signal, as well as signing and striping, accordingly. Note that this improvement could trigger the need to upgrade the entire intersection to current ADA standards which would result in ramp modifications as required by Caltrans. 111, Brea Boulevard at Imperial Highway. Restripe the southbound approach to provide a third southbound through lane. Modify the existing traffic signal to include a northbound and eastbound right -turn overlap phases;.
12, State College Boulevard at Imperial Highway. Modify the existing traffic signal to include a northbound right -turn overlap phase.

Figure 5. 9- 4, Proposed Roadway Condition.; with R? itigation, on page 5. 9- 37 of the DEIR, depicts the intersection configurations with the proposed improvements needed for cumulative impacts ( year 2021 and year 2040) impacts under the HCM methodology for intersection delay that are described in the measures above.

Impacts to Caltrans Facilities
State highway facilities within the study area are not within the jurisdiction of the Citi- of Brea.

Rather, those improvements are planned, funded, and constructed by the State of California through a legislative and political process involving the State Legislature; the California Transportation Commission ( CTC); the California Business, Transportation, and Housing Agencv; Caltrans; and OCTA. Recent funding opportunities designated by OCTA' s Renewed Measure M provide the vehicle for designated improvements on the Caltrans facilities within the study area.

While potential impacts to Imperial Highway ( SR -90) have been evaluated, implementation of the transportation improvements to Caltrans facilities listed above is the primary responsibility of Caltrans. While Caltrans has recognized that private development has a role to play in funding fair share improvements to impacts on SR -90, neither Caltrans nor the State has adopted a program that can ensure that locally -contributed impact fees will be tied to improvements to Caltrans facilities and only Caltrans has jurisdiction over improvements to Caltrans facilities. Because Caltrans has exclusive This iVinounent it Yrpirezi for the 2040 vx4laiiie saiwio,

EXHIBIT B
control over state highway improvements, ensuring that developer fair share contributions to improvements are actually part of a program tied to implementation of mitigation is within the jurisdiction of Caltrans. ,
However, a number of programs are in place in Orange County to improve and upgrade the regional transportation system. These include the Transportation Corridor Agencies ( TCA) Corridor program, the State Transportation Improvement Program ( STIP), Caltrans Traffic Operations Strategies ( TOPS), State Highway Operation and Protection Program ( SHOPP), and the OCTA Measure M program. State and federal fuel taxes generate most of the funds used to pay for these improvements. Funds expected to be available for transportation improvements are identified through a Fund Estimate prepared by Caltrans and adopted by the California Transportation Commission (CTC). These funds, along with other fund sources, are deposited in the State Highway Account to be programmed and allocated to specific project improvements in both the STIP and SHOPP by the CTC. However, if these programs are not implemented by the agencies with the responsibility to do so, the project' s impacts to Imperial Highway ( SR -90) would remain significant and unmitigated.

Year 2040 (Cumulative Impacts)
As identified above, the mitigation measures identified would mitigate impacts to intersection # 10, Berry Street at Imperial Highway, # 11, Brea Boulevard at Imperial Highway; and # 12, State College Boulevard at Imperial Highway. However, these improvements are within Caltrans' right-of-way and arc subject to Caltrans review and approval. In addition, Caltrans has no mechanism by which projects can contribute fair share fees to offset impacts. Therefore, the mitigation measures were considered but rejected.

Finding:

Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the nutigation measure above. The City hereby funds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the EIR, as discussed in Section G of these Findings ( Public Resources Code §§ 21081( a)( 1), ( 3); Guidelines §§ 15091( a)( 1), ( 3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the proposed project outweigh its significant effects on the environment.

EXHIBIT B
IV. ALTERNATIVES TO THE PROPOSED PROJECT
An EIR must briefly describe the rational for selection and rejection of alternatives. The lead agency may make an initial determination as to which alternatives are feasible, and therefore, merit in-depth consideration, and which ones are infeasible.

A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE

SCOPING/PROJECT PLANNING PROCESS
The following is a discussion of the alternativcs considered during the scoping and planning process and tine reasons why they were not selected for detailed analysis in the FIR.

1. Alternative Development Areas
CEQA requires that the discussion of alternatives focus on alternatives to the project or its location that are capable of avoiding or substantially lessening any significant effects of the project. The key question and first step in the analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another Iocation_ Only locations that would avoid or substantially lessen any of the sigiuficant effects of the project need he considered for inclusion in die EIR (CEQA, Guidelines 1512615][ 131[ 1]). Key factors in evaluating the feasibility of potential offsite locations for EIR project alternatives include:

If it is in the same jurisdiction_
Whether development as proposed would require a General Plan amendment Whether the project applicant could reasonably acquire, control, or otherwise have access to the alternative site ( or the site is already owned by the proponent). ( CEQA Guidelines Section 15126. 6[ f][ l])
The project applicant does not own or control other comparably sized and located property proximate to Brea Downtown. While the project requires approval of a Planned Community ( PC) zone change, objectives for the project include providing workforce housing proximate to Brea Downtown on an infill site. The City of Brea' s Mixed -Use zone only allows for up to 50 units an acre and there are no infill parcels designated for infixed Use in or near Brea Downtown that meet this requirement.

In general, anv development of the size and type proposed by the project would have substantially the same impacts on air quality, cultural resources, land use and planning, noise, population and housing, public services, transportation, and tribal cultural resources. With the exception of transportation impacts, these impacts were found to be less than significant or less than significant with mitigation incorporated. For traffic impacts, the proposed project would cumulatively contribute to traffic on Imperial Highway, improvements to which are outside of the City of Brea' s jurisdiction. Therefore, any development proximate to Brea Downtown is likely also to trigger similar cumulative traffic impacts. ' Therefore, another location would not avoid or substantiallv lessen the effects of the project.

EXHIBIT B
It was determined, therefore, that it is unlikely that there is an alternative project site that could potentially meet the objectives of the proposed project and reduce significant impacts of the project as proposed.

B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
The following alternatives were determined to represent a reasonable range of alternatives with the potential to feasibly attain most of the basic objectives of the project but avoid or substantially= lessen any of the significant effects of the project. Table 7- 4, Summary ofImpacts ofAlternatives Computed to the Proposed Pmjeet, on page 7- 20 of the DEIR, identifies how each of the alternatives selected for further analysis compare to the proposed project. Table 7- 5, Ability of Each Alternative to Meet the Pmject Obiectives, on page 7- 21 of the DEIR, provides a summary of the ability of the alternatives to achieve the project objectives.

1. No Project/No Development Alternative
The No Project/ No Development Alternative assumes the proposed Mercury Lane Residential project would not be adopted and no development would occur onsite. The project site would remain vacant and undeveloped. There would be no residential development nor any associated residents.

I•he No Project/ No Development Alternative would lessen environmental impacts in the areas of air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire. This alternative would increase impacts to aesthetics, hydrology and water quality, and population and housing. Agriculture and forestry resources as well as mineral resources would have similar impacts compared to the proposed project.

The No Project/ No Development Alternative would retain the site in the current state, as a vacant lot occasionally used for sorting charitable donations. Therefore, none of the project objectives would be achieved under this alternative.

Finding:

This alternative is rejected because it would not provide any of the project benefits that would occur with the implementation of the proposed project, including investments to the site, such as landscaping, providing workforce housing, and increasing the number of housing units in the City to improve the jobs -housing balance.

2. Existing Zoning Alternative
The project site is currently designated in the General Plan as Light Industrial and zoned Commercial -Industrial (C -M). The C -M zoning allows for the following uses:

Administrative or professional offices
Research and development
Retail establishments

EXHIBIT B
Service establishments
Light manufacturing
The C -M zone has a maximum height of 35 feet and a maximum lot coverage of 50 percent. Based on the C -M zoning for approximately one -acre site, this alternative assumes that the project site would be developed as a 21, 780 -square -foot, light -industrial use building. This alternative would not introduce residential uses. Based on the SLAG employment density survey, this alternative would create up to 39 jobs. 1;
The Existing Zoning Alternative would lessen environmental impacts in the areas of air quality, energy, GHG emissions, land use and planning, noise, public services, recreation, transportation, tribal cultural resources, and utilities and service systems. This alternative would result in greater environmental impacts to population and housing because it would not improve the City's jobs - housing balance. This alternative would have similar environmental impacts as the proposed project to aesthetics, agriculture and forestry resources, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire.

Finding:

This alternative is rejected because it would develop an industrial building on the project site.

Therefore, none of the project objectives would be achieved under this alternative, including increasing the number of housing units in the City, and providing workforce housing within close proximity to Brea Downtown and existing employment.

3. Reduced Density Alternative
Under this alternative, the project site would be developed based on the maximum density identified in the City of Brea General Plan, which is a density of 50 units/ acre. As a result, the Reduced Density Alternative assumes that the approximately one -acre site would be developed with approximately 50 units. Consequently, this altemative would reduce the number of units onsite by approximately 56 percent. Based on 1. 81 people fewer residents than the proposed project).

Like the proposed project, this alternative would require a change a zone change to the Planned Community ( PC) zone or alternatively a General Plan Amendment and zone change to Mixed Use.

For this analysis, it is assumed that this alternative would be processed similarly as the proposed project and would require a zone change to the PC zone. Therefore, this alternative assumes that the lot coverage associated with this alternative would be similar to the proposed project. However, instead of a five -story structure, this alternative would be two -stories, with one floor of parking. This alternative is assumed to require similar onsite amenities as the proposed project.

The Reduced Density Alternative has been identified as die environmentally superior alternative. The Reduced Density Alternative would lessen environmental impacts in the areas of air quality, energt-, greenhouse gas emissions, noise, public services, transportation, and utilities and service systems.

This alternative would result in similar environmental impacts as the proposed project to aesthetics, Based on the a%'cragc square feet per employee in Orange County for light manufactrtring, which i, 558 srluarc feet Per employee.

EXHIBIT B
agriculture and forestry resources, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, recreation, tribal cultural resources, and wildfire. 'Phis alternative would result in greater impacts to population and housing.

Finding:

The Reduced Zoning Alternative would develop 50 units on the project site instead of 114 units. The project objectives would be achieved under this alternative; however, this alternative would not achieve the project benefits to the extent the proposed project does since a reduction in density would not provide as many housing units to accommodate the workforce population in the City compared to the proposed project.

V. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires decision makers to balance the benefits of the proposed project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of the project outweigh the unavoidable adverse effects, those effects may be considered " acceptable" State CEQA Guidelines § 15093[ a]). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the FEIR or elsewhere in the administrative record State CEQA Guidelines 15093 [ b]). The agency' s statement is referred to as a Statement of Overriding Considerations.

The following provides a description of the project' s significant and unavoidable adverse impact and the justification for adopting a statement of overriding considerations.

A. SIGNIFICANT AND UNAVOIDABLE IMPACTS
Although most potential project impacts have been substantially avoided or mitigated, as described above, there remains one project impact for which complete mitigation is not feasible. The DEIR identified the following significant unavoidable adverse impact of the project, which would continue to be applicable upon implementation of the proposed project:

Transportation
n
Impact 5. 9- 1: The proposed project would conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities, as the proposed project would contribute to congestion at intersections # 10, # 11, and # 12.

Implementation of the applicable mitigation measure would provide improvements for intersections # 10, # 11, and # 12. However, as Imperial Highway ( SR -90) is within the jurisdiction of Caltrans, and not the City, the implementation of improvements is not guaranteed as they are subject to Caltrans review and approval. In addition, Caltrans has no mechanism by which projects can contribute fair share fees to offset impacts.

EXHIBIT B
B. PROJECT BENEFITS IN SUPPORT OF THE STATEMENT OF OVERRIDING

CONSIDERATIONS
The following section describes the benefits of the proposed project that outweigh the project' s unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the FEIR has indicated that there will be one significant project impact if the mitigation measures for Impact 5. 9- 1 cannot be implemented. Accordingly, this Statement of Overriding Considerations regarding potentially significant adverse environmental impacts resulting from the proposed project, as set forth below, has been prepared. Pursuant to CEQA Guidelines ` 15093( c), the Statement of Overriding Considerations will be included in the record of the project approval and will also be noted in the Notice of Determination. Each of the benefits identified below provides a separate and independent basis for overriding the significant enviromnental effects of the proposed project.

Ilaving reduced the potential effects of the proposed project through all feasible mitigation measures as described previously herein, and balancing the benefits of the proposed project against its potential unavoidable adverse impacts on transportation if the mitigation measures for Impact i.9- 1 cannot be implemented, the City finds that the following legal requirements and benefits of the proposed project individually and collectively outweigh the potentially significant unavoidable adverse impacts for the following reasons:

1. Implements the Objectives Established for the Proposed Project The project objectives include providing contemporary housing for Brea' s workforce that is affordable, and within close proximity to Brea Downtown, which would promote healthy living and physical activity by providing recreational amenities, bicycle storage, and opportunities to utilize alternative transportation. The proposed project would provide residential growth on an infill parcel proximate to the Brea Downtown. The proposed project would improve the jobs -housing balance in the City by providing new housing within close proximity- to jobs and smites, which would meet the demand for housing of all income types in Orange County.

2. Provides High -Density Housing that Helps Achieve the City' s Regional Housing Needs The proposed project would introduce 114 units on an approximately one -acre site. To make meaningful reforms to the housing crisis in California, the state Department of Housing and Community Development ( HCD) recently declared that cities and counties in Southern California will have to plan for the constriction of 1. 3 million new homes in the next decade, The Southern California Association of Governments ( SCAG) will distribute the increased targets to jurisdictions based on factors such as jobs, households, and affordability, anticipated in October 2019 that will need to be considered in the next housing element update cycle for. For cities and counties that do not perform, the state can withhold state transportation revenue generated from Senate Bill 1 ( 2017).

3. Improves the Project Site
The project site is currently undeveloped and is on the eastern fringe of a primarily industrial area, proximate to Brea Downtown. 'rhe proposed project would introduce residential uses in an industrial

EXHIBIT B
area; residential uses are valued higher on a per acre basis compared to light industrial uses. This is because residential uses represent and spur a substantial investment..

4. Implements the Objectives of Brea Envisions
The proposed project would provide community benefits, which include, providing the opportunity for urban living; workforce housing to meet low- and moderate -income categories; create sitespecific standards to ensure quality design and rental affordability; provide connections to Brea Downtown via walking, bicycle, rideshare, motor vehicles, and buses; and provide access to destinations in Brea Downtown such as home, work, stores, restaurants, entertainment, and recreation. The proposed project' s proximity to Brea Downtown and its provision of contemporary, affordable workforce housing satisfy the following objectives of Brea Envisions:

Value: Balanced and Responsible Growth
Initiative 3: Enhance and promote pedestrian -friendly development throughout our community and within the public spaces.

Promote the Tracks at Brea as an alternative pathway through the community.

Initiative 4: Maintain a consistent and acceptable balance of both residential and commercial/ industrial development.

Value: Workforce Housing Opportunities
Initiative: City and community planning will promote higher density living and mixed affordable housing where appropriate for the existing neighborhood.

Staying within public standards and guidelines, planning and development will account for and promote workforce housing solutions at every opportunity..

5. Consistency with the Regional Goals in the RTRlSCS
SCAG' s 2016- 2040 R'I'P/ SCS was adopted April 7, 2016. The RTP/ SCS identifies that land use strategies that focus on new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network. The overarching strategy in the 2016-2040 RTP/ SCS is to provide for a plan that allows the southern California region to grow in more compact communities in existing urban areas; provide neighborhoods with efficient and plentiful public transit and abundant and safe opportunities to walk, bike, and pursue other forms of active transportation; and preserve more of the region's remaining natural lands.

The proposed project would result in high density residential development proximate to Brea Downtown and major employers. As detailed in the project description, the project would enhance the pedestrian and bicycle linkages to Brea Downtown. Consequently, the project is consistent with the overall objectives of SCAG' s RTP/ SCS, which include maximizing mobility; ensuring safe, sustainable and reliable travel, encouraging active transportation; encouraging energy efficiency; and encouraging land use growth that facilitate transit and non -motorized transportation.

EXHIBIT B

6. Other Considerations — Senate Bill 743 ( 2013)
The project' s significant transportation impacts identified at the three Caltrans intersections on Imperial Highway are based on Caltrans' significance threshold that is derived from traditional delay metrics. Senate Bill (SB) 743 started a process that fundamentally changes the transportation impact analysis as part of CEQ. 1 compliance. Beginning in July 1, 2020 auto delay, level of service ( LOS), and other similar measures of vehicular capacity or traffic congestion can no longer be used as the sole basis for determining significant impacts under CF,QA.

The revised CEQA Guidelines establish new criteria for determining the significance of transportation impacts which require vehicle miles traveled (\ 711\ 11) -related metric_ However, the City of Brea has not yet adopted vehicle miles. The legislation does not preclude the application of local general plan policies, zoning codes, conditions of approval, or any other planning requirements that require evaluation of LOS, but these metrics may no longer constitute the sole basis for determining transportation impacts under CEQA. The City of Brea has not yet adopted significance thresholds for 1,'MT under the new metric. However, begintwig on July 1, 2020, transportation impact analyses in CEQA must use VMT as the new impact criterion. Thus, while the EIR currently identifies significant impacts to Caltrans intersections, this will no longer be considered a significant transportation impact under SB 743.

W liile transportation impacts were not evaluated under the new VMT criteria, the proposed project would introduce high-density residential near Brea Downtown and would improve the City' s jobs - housing balance.

C. Conclusion
The City Council of Brea has balanced the project' s benefits against the significant unavoidable impact. The City Council finds that the proposed project' s benefits, which aim to meet the goals and policies of the City of Brea General Plan, outweigh project' s significant unavoidable impact, and this impact, therefore, is considered acceptable in the light of the project' s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the project notwithstanding the project' s significant unavoidable impact.

VI. FINDINGS ON RESPONSES TO COMMENTS ON THE DEIR AND REVISIONS

TO THE FEIR
The Final F.11( contains response to conuments, revisions, clarifications, and corrections to the DEIR.

The focus of the response to comments is on the disposition of significant environmental issues as raised in the comments, as specified by State CEQA Guidelines Section 15088(b). "11ie City provided written responses to each comment made by a public agency, as set forth in Section 2 of the FEIR, pursuant to State CEQA Guidelines Section 15088( b).

City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the DEIR for further public comment under CEQA Guidelines Section 15088.5. None of this new material indicates that the project will

EXHIBIT B
result in a significant new environmental impact not previously disclosed in the DE1R. Additionally, none of this material indicates that there would be a substantial increase in the severity of a previously identified environmental impact that will not be mitigated, or that there would be any of the other circumstances requiring recirculation described in Section 15088.5 of the CEQA Guidelines.

EXHIBIT B
City of Brea
City Council Regular Meeting Communication
A. Brea 2050: Focused General Plan Update and Brea Core Specific Plan - Draft Changes to the Land Use Designations and Land Use Map
Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 3A.

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

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

1. Receive the presentation on the draft changes to the General Plan land use designations and land use designation map and provide feedback and;

2. Authorize staff to move forward with the next steps, including initiation of the required environmental review.

BACKGROUND
On February 6, 2024, with the City Council’s award of a professional services agreement to De Novo Planning Group (Consultant), “Brea 2050: Where Opportunity Meets Community” project (Project) was initiated. This Project is a large-scale, long-range planning project that would provide guidance on how the City grows over the next 25 years.

This Project would update the City’s current General Plan, with a focus on the Land Use and Circulation Elements, and create a new specific plan for the Brea Core area. Together, the intent of this Project is to update the City’s General Plan to reflect the City’s changing demographics, economic conditions, land use patterns, infrastructure and transportation/transit networks, and new state legislation, along with creating a long-term plan to further guide and improve the Brea Core area, the City’s main economic hub.

Since the Project initiation, the City focused its efforts on performing background research and conducting robust community outreach. The City shared news and updates about the Project through various ways, including but not limited to, mailers, social media, City’s website, dedicated Project website (https://brea.generalplan.org/), e-mail blasts to various groups/individuals, Brea Line articles, facility postings, and City Council/Commission announcements. Attachment A to this report lists notable community outreach activities. Through these outreach efforts, City staff and the Consultant (Project Team) collected valuable input and suggestions from the community regarding the community’s desires for the next 25 years. The Vision and Values Outreach Summary Report, which can be found in the following link (https://brea.generalplan.org/s/Outreach-Summary-Report_Reduced.pdf), provides a detailed summary of the community input received through the outreach efforts.

Based on the extensive input received from the community through above-mentioned outreach efforts, a Community Vision Plan (Attachment B) was prepared. The Community Vision Plan is intended to be aspirational, painting an overall image of the future that the community desires to create, and will serve as the foundation for the goals, policies and actions that are to be identified in the updated General Plan and the Brea Core Specific Plan.

This document is comprised of the overall Community Vision Statement and six supporting Guiding Principles, which includes: 1) Preserve our special character; 2) Foster mobility and access; 3) Balance growth and community; 4) Economic development; 5) Resilience for future generations; and 6) Connection to nature. During the December 3, 2024 regular meeting, the City Council received the presentation on the Community Vision Plan.

Since then, the Project Team continued to work on remaining background research and draft changes to the land use designations and the land use map. The community input received throughout the past year has been carefully considered in drafting the changes to the land use designations and the land use map, especially those related to density and land uses, including the discussions with the General Plan Community Steering Committee.

DISCUSSION
Proposed Revisions to the General Plan Land Use Designations General Plan land use designations indicate intended use and intensity or density for every parcel of land located within the City’s incorporated boundary and land within its Sphere of Influence (Planning Area). The existing 2003 General Plan has 20 land use designations. Upon review of the existing land use designations, the Project Team identified the need to refine and update the designations for the following reasons: 1) existing land use designations, including both intended land uses and associated densities and intensities (or FARs), do not reflect the recent changes in land use pattern, preference and/or need; 2) there is some redundancy between the existing land use designations; 3) community input received provides for the need to consolidate, update and modernize the land use designations; and 4) the City can take proactive steps now to be best prepared to tackle the next Housing Element update cycle (7th Cycle).

In order to update the land use designations, the Project Team carefully reviewed the general intent of the existing land use designations and associated densities and intensities. The Project Team also considered the community input received and the Community Vision Plan’s Guiding Principles, and researched other jurisdictions’ land use designations to identify general industry best practices. As a result, the following proposed revisions are proposed to the existing land use designations:

Consolidation of designations:

Very Low and Low Density Residential designations combined into a single designation (Low Density Residential)
General, Regional, and Office/Finance Commercial designations into a single designation (General Commercial)
Mixed Use I and II designations into a single designation (Mixed Use 50) Renaming of designations:

Neighborhood Commercial designation renamed to Light Commercial Mixed Use III designation renamed to Mixed Use 18
Existing/future specific plans to have a common designation of “Specific Plan,” further defined by their specific plan name
Overall updates to the associated densities and intensities Table 1 below details the existing and proposed land use designations and associated densities and intensities:

Table 1. Proposed Revisions to the Land use Designations Proposed Revisions to the General Plan Land Use Map
The General Plan land use map is a visual presentation that depicts the land use designations for every parcel of land within the jurisdiction, and is a central element of the General Plan. Reviewing and updating this map, alongside the updates to the land use designation, is an important component of any general plan update, regardless of whether the update is a comprehensive or focused update.

In reviewing the existing land use map, the Project Team noted that the existing land use map in general has a good foundation that includes many aspects of the newly approved Community Vision Plan. However, as with the land use designations, the Project Team identified the need to update the map to: 1) align the land use map with the proposed revisions to the land use designations; 2) address the anticipated need to increase density (e.g. housing related state mandates, upcoming 7th Cycle Housing Element, etc.) while considering the core values and guiding principles of the Community Vision Plan; and 3) provide more clarity, consolidate where necessary, and clean up inconsistencies.

Below is a summary of the key changes included in the draft revised land use map:

Citywide
A total of 45 parcels are proposed to have the existing land use designation change to a different land use designation, as summarized below:

Table 2. Summary of Parcels with Land Use Designation Change Proposed
Designation
Current
Designation(s)
Number of
Parcels Notes
Low Density
Residential Public Facilities 5 Remnant MWD parcels
Hillside Residential Recreational
Commercial 2 Old La Vida mineral springs
Mixed Use 50
General
Commercial 16 Existing commercial
centers/office properties (e.g.
old Vons, Fairway Center,
Kaiser offices)
Neighborhood
Commercial 4
Office/Financial 8
High Density
Residential
Light Industrial 1
Vacant parcel adjacent to
other residential designations
General
Commercial 1 Remnant parcel
Parks/Recreation
Light Industrial 1
The Tracks and Brea General Industrial 2
Low Density
Residential 1
Public Facilities
Low Density
Residential 2 Flood Channel
Neighborhood
Commercial 1 Fire Station #4
Natural Open Space 1 Brea Olinda Highschool
TOTAL 45
In addition, there are other non-substantive changes proposed for other areas, as described below:

The land use designations for parcels that are part of an existing specific plan (i.e. Birch Hills, Brea 265, Brea Industrial, Olinda Ranch, Tomlinson Park, and Tonner Hills), along with parcels located within the proposed Brea Core Specific Plan boundary, are proposed to change to a Specific Plan designation.

Parcels with current land use designations that are being consolidated or renamed (i.e. Very Low Residential, Neighborhood Commercial, Regional Commercial, Mixed Use I, II and III designations) would be updated to match the newly consolidated/renamed designations.

It is important to note that these land use designation changes generally do not impact the land use regulations for these parcels, as these changes will either simplify the designations to match the underlying specific plans or match the revised land use designation categories.

The table below summarizes the proposed changes to the overall land use map:

Table 3. Summary of Proposed Land Use Map Change
Parcels Acreage
Type of Changes Number of
Parcels
Percent of
Total Parcels
Acres of
Change
Percent of
Total Acres
Different land use
designations 45 0.40% 139 1%
Existing specific
plans 3,164 26% 2,073 15.6%
Land use designation
consolidation 455 3.75% 4,412 33%
No change 8,501 69.85% 6,638 50.4%
Total 12,165 100% 13,263* 100%
*Total parcelized acreage; does not account for portions of right-of-way that are not parcelized The existing General Plan Land Use Map and the draft revised Citywide General Plan Land Use Map is provided as Attachments C and D, respectively.

Brea Core Specific Plan Area Zoning Designations
As mentioned in the previous section of this report, the land use designation for the parcels located within the proposed Brea Core Specific Plan would be changed to “Specific Plan” designation. However, since a specific plan serves as a master plan for the plan area, it must also specify zoning designations for parcels located within the plan area, effectively serving as the specific plan’s land use designations. As such, the Project Team also reviewed the existing land use designations within the Brea Core boundary and identified areas for updates. As with the draft changes proposed for the Citywide area, the Project Team considered the community input received and the Community Vision Plan’s Guiding Principles, and the main focus of the proposed changes to the proposed Brea Core Specific Plan area is intended to address the need to address the anticipated need to increase density while preserving the overall character of the City. As such, the majority of the proposed change is focused on the corridor along Imperial Highway as follows:

Table 4. Proposed Zoning Change for Brea Core Specific Plan Area Proposed
Zoning
Designation
Current Zoning Designation(s) Number of
Parcels Acreage Notes
Mixed-Use I
(MU-I)
General Commercial (C-G) with
Precise Development (PD)
Overlay
17 25.28 Brea Gateway shopping
center
Commercial Industrial (C-M) 2 7.61 Mercury Insurance & future housing site
Major Shopping Center (C-C) with
PD Overlay 1 2.71 Embassy Suites Hotel/RetailCourt
Mixed-Use II
(MU-II)
C-G with PD Overlay 28 51.61
Existing shopping
centers/office complexes
near Brea Mall
C-C with PD Overlay 10 11.58
Commercial, Administrative, and
Professional Office (C-P) 4 3.29
Mixed-Use III
(MU-III) C-G with PD Overlay 33 9.53
Existing smaller commercial
parcels along Imperial
Highway
TOTAL 95 111.61
Overall, approximately 8.5% of the parcels in the Brea Core Specific Plan area is proposed have their zoning designations updated, while 91.5% of the parcels would retain the existing zoning designation.

The existing zoning map and the draft revised zoning map for Brea Core Specific Plan area are provided as Attachments E and F, respectively.

Preliminary Buildout Assumptions
One of the General Plan’s primary objectives is to establish the reasonable long-term buildout potential for housing units, nonresidential building square footage, population, and employment that could be generated by the Land Use Map. Buildout capacity is calculated by three factors: 1) the density and intensity allowed per acre; 2) the number of acres of land that can be developed as a particular land use; and 3) the increases in units, population, square footage, and employment associated with new development at buildout.

For the proposed revisions to the land use designations and map, the Project Team considered various factors to determine the reasonable buildout assumptions. These factors include existing land use conditions, information from the US Census, local and regional growth assessments of existing conditions and growth projections from the Southern California Association of Governments (SCAG) and the California Department of Finance (DOF), current General Plan (2003) projections, proposed land use map estimates, market study prepared for the Project, past development patterns, and current development interest.

Table 5 below compares the projected amount of housing and nonresidential development within the Planning Area (City boundary and Sphere of Influence) in 2050, with existing development (2025) included for reference.

Using the current General Plan (2003) as a comparison, the Table also includes relative growth over the current General Plan to assist with understanding land use, housing, and job implications associated with potential land use changes. The potential buildout numbers are based on expected density and intensity levels for each land use type.

Table 5. Summary of Estimated Projections
Existing
Condition
Current
General Plan (2003)
Proposed
Land Use Map
Net Change
(Current Plan versus Proposed Plan)
Value Percent
Citywide (Excluding Brea Core)
Units 14,928 16,826 17,274 448 2.7% Population 42,545 47,954 49,230 1,276 Non-Residential Square Footage 16,366,551 22,389,266 23,163,655 774,389 3.5% Jobs 39,572 53,955 55,821 1,866 Brea Core Area
Units 1,417 2,461 4,752 2,291 93%
Population 4,040 7,013 13,542 6,529
Non-Residential Square Footage 5,113,863 6,087,642 6,379,588 291,946 5% Jobs 12,365 14,669 15,373 703 Sphere of Influence
Units - 1,048 1,048 -
0% Population - 2,987 2,987 -
Non-Residential Square Footage - - - -
0% Jobs - - - -

TOTAL PLANNING AREA
Units 16,345 20,335 23,073 2,739 13.5% Population 46,585 57,954 65,759 7,805 Non-Residential Square Footage 21,480,414 28,476,908 29,543,243 1,066,335 3.75% Jobs 51,937 68,624 71,193 2,569 The potential buildout summary is not a goal; rather, it simply represents the reasonable development potential that could occur within the community over the coming decades. It is used to help determine needed improvements associated with such potential growth, such as roadway improvements, potential environmental impacts, and any mitigation required to offset impacts that could occur with implementation of the General Plan and Brea Core Specific Plan. The development potential of each individual parcel is influenced not only by the land use designation, but by market conditions, physical site characteristics, environmental constraints, infrastructure requirements, and detailed standards in the zoning code. Therefore, it is not reasonable to assume that all parcels would develop to their maximum potential (top end of the density or intensity range). It should be noted that the information contained in Table 5 above is estimates, and minor refinements of potential buildout may be necessary prior to initiating any environmental review.

The Land Use Report, provided as Attachment G to this report, provides a summary of the existing conditions analysis and the proposed revisions to the land use designations and land use map, including fiscal, mobility, and infrastructure considerations.

Next Steps
If the City Council authorizes staff to move forward with the Project, the Project Team will start the preparation of technical analysis, the development of policy framework and drafts of the General Plan and for the Brea Core Specific Plan, and the Environmental Impact Report (EIR).

FISCAL IMPACT/SUMMARY
On February 6, 2024, the City Council approved a Professional Services Agreement (PSA) with the Consultant and appropriated funds to complete the Project. As such, there is no impact to the City’s General Fund.

RESPECTFULLY SUBMITTED:

Kristin Griffith, City Manager
Prepared by: Joanne Hwang, AICP, City Planner
Concurrence by: Jason Killebrew, Assistant City Manager/Community Development Director Attachments
Attachment A - Notable Outreach Activities.pdf
Attachment B - Community Vision Plan.pdf
Attachment C - Existing General Plan Land Use Map.pdf
Attachment D - Proposed General Plan Land Use Map.pdf
Attachment E - Existing Brea Core Area Zoning Map.pdf
Attachment F - Proposed Brea Core Area Zoning Map.pdf
Attachment G - Land Use Report.pdf

ATTACHMENT A
Brea 2050: Where Opportunity Meets Community
Notable Community Outreach Activities to Date
Date Outreach Activity Description
May 6, 2024 City-wide mailer
A physical mailer containing information about
the Project was sent to every known address in
the City of Brea
May 11, 2024
Pop-up booth at the
Public Works/Fire
Department Open House
City staff hosted a pop-up booth, providing
information about the Project
May 13 to July
6, 2024 City-wide survey The public was invited to complete a 10-question survey (available both on- and off-line) May 6, 2024 to
present
Project fact sheet
distribution
City staff continues to distribute the Project fact
sheet as needed
June 5, 2024 Community open house City staff and the City’s Consultant team hosted an in-person open house to collect public input
June 13, 2024
to January 9,
2025
Community Steering
Committee meetings
A 16-person Community Steering Committee
held six meetings to date to provide input on
various topics
July 30 to
August 6, 2024
Brea Core area
stakeholder
interviews/survey
City’s consultant team hosted on-line interviews
with various stakeholders within the Brea Core
area, and distributed surveys to those who could
not participate in the interview
November 27,
2024
Draft Community Vision
Plan distribution
City staff distributed the draft Community Vision
Plan to the public
December 3,
2024 City Council meeting
City Council was presented with the Community
Vision Plan during its regularly scheduled
meeting
March 4, 2025
Former City
elected/executive staff
meeting
City staff held a meeting with former City
elected/executive staff to receive feedback
General Plan 2050
Community Vision Plan
City of Brea

ATTACHMENT B
ii | Brea Vision Plan
Table of Contents
Community Vision Statement 1
Guiding Principle 1: Preserve Our Special Character 2
Guiding Principle 2: Foster Mobility and Access 3
Guiding Principle 3: Balance Growth and Community 4
Guiding Principle 4: Economic Development 5
Guiding Principle 5: Resilience for Future Generations 6 Guiding Principle 6: Connection to Nature 7
1 | Brea Vision Plan
» Preserve our Special Character
» Foster Mobility and Access
» Balance Growth and Community
» Economic Development
» Resilience for Future Generations
» Connection to Nature
Brea is a thriving and growing city that has held onto
its small-town charm while evolving into a modern
community rich in amenities. The community’s support for one another is evident as residents often greet each other and enjoy evening walks through
attractive, clean, safe neighborhoods and public
spaces. Signature events like Brea Fest and the 4th
of July Country Fair, along with school and sports
celebrations, promote local pride and togetherness.

Celebration of the community’s traditions and history flourish here, exhibited through public art displays from local artists, efforts of the Brea Museum & Historical Society, and the sharing of memories from long-time residents.

Brea is a family-friendly community that thoughtfully
balances a hometown feel with modern conveniences. There is a wide range of shopping, dining, and entertainment choices that market Brea as an exciting place to live, work, and visit. A key feature of the City is the exciting and dynamic atmosphere of Brea
Downtown, a mixed-use area where residents and
visitors can enjoy a fun night out. The City provides
a variety of housing options for young families, seniors, and everyone in between. The City has long had a vision and supporting policies to balance jobs
and housing in an effort to create an economically
sustainable community with reduced impacts on the
City’s transportation network.

Community Vision
Statement
The Community Vision is a statement which
describes the City of Brea now and in the
future.

Guiding Principles
The Community Vision is supported
by the following Guiding Principles:
2 | Brea Vision Plan
Brea is a flourishing, welcoming, and charming community with a strong sense of civic pride. The residents care deeply for one another and help maintain the characteristics that showcase a clean, quiet, and safe atmosphere, making Brea an ideal place to live and raise a family.

Brea fosters a supportive and inclusive environment where residents feel safe and connected. The City benefits from low crime rates and a strong sense of security among its residents, largely attributed to excellent public safety and emergency services.

Community participation is evident at City events and programs, ranging from Brea Fest to community concerts to youth sports. The lively downtown area is rich with amenities, including public art and a thriving regional comedy club, serving as a hub for community connection. Special venues like the Curtis Theatre, Brea Gallery, Brea Museum, and Brea Community Center cater to residents of all ages, promoting a creative, inclusive and active lifestyle. The City’s commitment to quality education is evident in its excellent schools, which provide a solid foundation for lifelong learning.

Brea balances the need to plan for growth with preserving the unique character of this cherished city. By nurturing cultural activities and expanding diverse programming, an inclusive atmosphere is maintained. Brea values creating a warm, inviting home where there is something for everyone.

Guiding Principle 1:

Preserve Our Special
Character
3 | Brea Vision Plan
Brea is a connected, accessible city that actively encourages pedestrian activity, cycling, and public transit through transportation safety improvements and thoughtful infrastructure design, inspired by the best land use and mobility planning practices.

The City understands the importance of efficient traffic management and is dedicated to enhancing traffic signal efficiency, implementing effective traffic calming measures, and maintaining smooth, well-paved roads. This strategic approach creates a balanced environment where jobs and housing coexist, allowing more Brea residents to work locally while reducing local traffic and regional cut-through traffic.

Through comprehensive strategies, including the potential to accommodate emerging transportation infrastructure, City staff focuses on enhancing the built environment with more transportation facilities, street trees, and lighting, providing safety and comfort for all residents. Innovative methods of connectivity, such as the Tracks at Brea Trail, offer residents not only spaces for recreation but also vital transportation pathways within the City.

Brea is a city where students can walk or bike to school with confidence and where a strong sense of community and connectedness prevails.

Guiding Principle 2:

Foster Mobility and
Access
4 | Brea Vision Plan
Brea is one of the oldest cities in the Orange County region, with a community made up of deeply-rooted and connected residents. Many of Brea’s residents have lived in the City for decades. This sense of belonging inspires a collective commitment to responsible development practices that prioritize building new housing within already developed areas, safeguarding precious open spaces and natural landscapes.

Brea stands as a testament to thoughtful planning where quality neighborhoods, attractive commercial centers, thriving employment hubs, and well-maintained public spaces reflect the commitment to aesthetics and livability. Through common-sense standards, the City has achieved a harmonious mix of housing, retail, and employment opportunities. This supports the unique character of the City, as well as opportunities for future development to be thoughtfully incorporated into the existing fabric of Brea. The City acknowledges the need for more housing options, parks, public gathering spaces, shopping and dining choices, and quality employment opportunities. The City seeks to promote efficient development that meets the needs of our residents while supporting the preservation of our cherished hillside areas.

There is an understanding of the rising cost of living as a significant barrier for young families and individuals wishing to remain in Brea. The promotion of the construction of attainable housing choices is an effort to find ways for those who have grown up in the community to stay here. This focus will continue to cultivate Brea as a well-planned, inclusive community that enhances accessibility, encourages connectivity, and celebrates its residents.

Guiding Principle 3:

Balance Growth and
Community
5 | Brea Vision Plan
The City strives to cultivate a diverse and stable economic environment that enhances the quality of life for residents, attracts quality employers, and encourages visitors. The City’s unique retail and dining landscape offers an array of options in various areas, such as Brea Downtown, Brea Mall, La Floresta Mixed-Use Development, and other prominent commercial centers.

These areas include high-quality restaurants, shops, and housing that blend local charm with urban amenities. This rich selection of businesses not only caters to varied tastes but also strengthens the community’s appeal as a destination for shopping and dining.

The goal of the Economic Development team is to attract and retain businesses that align with the Brea Envisions Community Strategic Plan, focusing on high-tech and medical industries that promise growth and innovation. By exploring mixed-use developments that incorporate both workforce housing and commercial spaces, the City addresses the needs of its residents while creating a thriving economic landscape.

The City values and strives to provide educational opportunities that align with local business needs (i.e. the Small Business Clinic), increasing resources for existing and prospective business owners in Brea. By supporting diverse entertainment options, such as family activity centers, and attracting specialty stores like bookstores, the City can enrich the community’s vibrancy and create a dynamic atmosphere that appeals to all. Brea is a thriving community that balances housing needs with economic growth.

Guiding Principle 4:

Economic
Development
6 | Brea Vision Plan
Sustainability, resilience, and innovation are seamlessly woven into the fabric of Brea’s infrastructure and built environment. By embracing a multi-faceted strategic approach, the City positions itself as a forward-thinking leader ready to embrace the challenges of a changing climate. Brea’s commitment to energy-efficient technologies encourages sustainable growth, while public-private partnerships expand the City’s renewable energy infrastructure.

Brea reduces its carbon footprint and enhances mobility for all residents by encouraging the expansion of publicly-accessible electric vehicle (EV) charging stations, exploring options for alternative fuels, dedicating curb space for rideshare services, and collaborating with agencies like Orange County Transit Authority (OCTA) to improve public transportation. Investment in essential utilities such as fiber optics and expanded WiFi services bolsters connectivity and communication, creating a future-ready environment.

Proactive measures to combat extreme weather, including shade tree planting, water management practices, and wildfire preparedness, enhance both environmental sustainability and quality of life. Through these comprehensive efforts, Brea is a resilient, livable community for current and future generations.

Guiding Principle 5:

Resilience for Future
Generations
7 | Brea Vision Plan
Brea is abundant with natural assets and outdoor spaces that elevate the quality of life for all who call it home. Parks are central to the City’s identity, providing green spaces that foster recreation, relaxation, and community gatherings. The City values the importance of such facilities and continues to invest resources to further improve them, which is evident in the major modernization effort currently on-going at Arovista Park, along with other potential future improvements such as the Brea Sports Park expansion connected with the Brea 265 Specific Plan and exploration of extending and improving the Tracks at Brea Trail. Iconic features like The Tracks at Brea offer residents not only spaces for recreation but also vital connections within the City, promoting healthier and more active lifestyles. The surrounding hills and open spaces further enrich Brea’s outdoor offerings, providing opportunities for sports, leisure, and a deeper connection to nature.

Looking to the future, the City is committed to enhancing these natural assets—whether by planting more trees along our trails or reimagining the golf course as an open space—promoting Brea as a place where nature and community thrive together. Through these efforts, the City can create a place that is not only beautiful and connected but also a model of sustainable living, where outdoor spaces inspire connection, recreation, and a deep sense of belonging.

Guiding Principle 6:

Connection to Nature
Kraemer Blvd
Valley View Ave
Imperial
Hwy
Lambert Rd
Harbor
Blvd
Golden Ave
Valencia Ave
Lakeview Ave
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Village
Center
Dr
Palm St
Puente St
Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
Assoc
iated Rd
State College Bl
vd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
D i a m o n d B a r
L a H a b r a
H e i g h t s
P l a c e n ti a
L a H a b r a
F u l l e r t o n
Yo r b a L i n d a
C h i n o H i l l s
Existing General Plan Land Uses
Created by De Novo Planning Group for the City of Brea, April 3, 2025.

ATTACHMENT C
Kraemer Blvd
Valley View Ave
Imperial
Hwy
Lambert Rd
Harbor
Blvd
Golden Ave
Valencia Ave
Lakeview Ave
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Village
Center
Dr
Palm St
Puente St
Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
Assoc
iated Rd
State College Bl
vd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
D i a m o n d B a r
L a H a b r a
H e i g h t s
P l a c e n ti a
L a H a b r a
F u l l e r t o n
Yo r b a L i n d a
C h i n o H i l l s
Proposed General Plan Land Uses
Created by De Novo Planning Group for the City of Brea, April 3, 2025.

ATTACHMENT D
Kraemer Blvd
Val el y
Vie
w
Av
e
Imperial
Hwy
Lambert Rd
H
arbor Blvd
Golden Ave
Valencia
Av
e
L
a
ke
v
ei w
Av
e
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Vil al g
e
Center
Dr
Palm St
Puente St
Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
A
s
s
o
ciated Rd
State College
Blvd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
D i a m o n d B a r
L a H a b r a
H e i g h t s
P l a c e n ti a
L a H a b r a
F u l l e r t o n
Yo r b a L i n d a
C h i n o H i l l s
Parcels with a Proposed General Plan
Land Use Change
Created by De Novo Planning Group for the City of Brea, March 24, 2025.

LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Proposed General Plan Land Uses (parcel count)
Hillside Residential (2)
Low Density Residential (5)
High Density Residential (2)
MU-50 (28)
Public Facilities (4)
Parks/Recreation (4)
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 0 ½ 1
Miles
Kraemer Blvd
Valley View Ave
Imperial
Hwy
Lambert Rd
Harbor
Blvd
Golden Ave
Valencia Ave
Lakeview Ave
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Village
Center
Dr
Palm St
Puente St
Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
Assoc
iated Rd
State College Bl
vd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
D i a m o n d B a r
L a H a b r a
H e i g h t s
P l a c e n ti a
L a H a b r a
F u l l e r t o n
Yo r b a L i n d a
C h i n o H i l l s
Parcels with Land Use Designation
Consolidation Change
Created by De Novo Planning Group for the City of Brea, April 3, 2025.

Proposed General Plan Land Uses (parcel count)
Light Commercial (11)
General Commercial (1)
Parks/Recreation (40)
Open Space (61)
MU-18 (60)
MU-50 (284)
LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 0 ½ 1
Miles
N
Pep
p
e
r
Tr
e
e
Dr
E Newhaven Dr
E Avocado St
N
Country Ln
S Arovista AveW Imperial Hwy S Jasmine Dr
N
Cliffwo
od Ave
Brea
Mal
l
Rd
S Brea Blvd
E Locust St
E Date St
E Ash St
ECountry Hills Rd
E Elm St
S Laurel Ave
N Wandering
Ln
S Sycamore Ave
N Tamarack Ave
W Juniper St
E Fir St
S Walnut Ave
N
Randol p h Ave
S Redwood Ave
N Madrona
Ave
N Oak Pl
E Alder St
E Branch Ln
S Madrona Ave
S Cedar
Ave
W Eadington Dr
W Mariner St
E Cherry St
S Valverde Ave
E Foothill Ln
N
Pointe Dr
S
Castlega
t
e Ln
E Ravencrest Dr
W Fir St
S Mulberry
Ave
N
Winding
Ln
W Elm St
N
Wildcat
Wa
y
S Aurora
Ave
E Hillhaven Dr
E Candlewood St
W Date St
E Wakeforest St
S Lantana Ave
N
C
l
iffw
o o d Park St
E Willow Dr
S Larchwood Dr
S Magnolia Ave
S Pine Ave
E Madison Way
E Rainbow Ln
N Orange Ave
S Briarwoo
d
Dr
S Poplar Ave
S
Orange Ave
W Beacon St
W Lin d en
W ay
E Moorpark Dr
E Holly St
S Catalpa Ave
N
Delphia Ave
W Vanguard Way
S
Rand
o
l
p
h Ave
Lambert Rd
Brea Blvd
Berry St
Associated
Rd
State Colleg
e
B
vl
d
Associated Rd
Lambert Rd
Brea Blvd
Puente St
Birch St Birch St
Existing General Plan Land Uses with
Existing Brea Core Area Zoning
Created by De Novo Planning Group for the City of Brea, March 24, 2025.

Existing Brea Core Area Zoning
C-C
C-G
C-M
C-P
FP-1
M-1
M-2
MU-I
MU-II
MU-III

P/R/OS-PR
PF
R-1
R-3
Existing General Plan Land Uses
Low Density Residential
Medium Density Residential
High Density Residential
General Commercial
Regional Commercial
Office/Financial
General Industrial
Light Industrial
Mixed Use I
Mixed Use II
Mixed Use III
Natural Open Space
Parks/Recreation/Open Space
Public Facilities
LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Brea Core Study Area
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 57 90
Imperial Hwy
0 500 1,000
Feet

ATTACHMENT E
N
Pep
p
e
r
Tr
e
e
Dr
E Newhaven Dr
E Avocado St
N
Country Ln
S Arovista AveW Imperial Hwy S Jasmine Dr
N
Cliffwo
od Ave
Brea
Mal
l
Rd
S Brea Blvd
E Locust St
E Date St
E Ash St
ECountry Hills Rd
E Elm St
S Laurel Ave
N Wandering
Ln
S Sycamore Ave
N Tamarack Ave
W Juniper St
E Fir St
S Walnut Ave
N
Randol p h Ave
S Redwood Ave
N Madrona
Ave
N Oak Pl
E Alder St
E Branch Ln
S Madrona Ave
S Cedar
Ave
W Eadington Dr
W Mariner St
E Cherry St
S Valverde Ave
E Foothill Ln
N
Pointe Dr
S
Castlega
t
e Ln
E Ravencrest Dr
W Fir St
S Mulberry
Ave
N
Winding
Ln
W Elm St
N
Wildcat
Wa
y
S Aurora
Ave
E Hillhaven Dr
E Candlewood St
W Date St
E Wakeforest St
S Lantana Ave
N
C
l
iffw
o o d Park St
E Willow Dr
S Larchwood Dr
S Magnolia Ave
S Pine Ave
E Madison Way
E Rainbow Ln
N Orange Ave
S Briarwoo
d
Dr
S Poplar Ave
S
Orange Ave
W Beacon St
W Lin d en
W ay
E Moorpark Dr
E Holly St
S Catalpa Ave
N
Delphia Ave
W Vanguard Way
S
Rand
o
l
p
h Ave
Lambert Rd
Brea Blvd
Berry St
Associated
Rd
State Colleg
e
B
vl
d
Associated Rd
Lambert Rd
Brea Blvd
Puente St
Birch St Birch St
Proposed General Plan Land Uses with
Proposed Brea Core Area Zoning
Created by De Novo Planning Group for the City of Brea, March 24, 2025.

Proposed Brea Core Area Zoning
C-C
C-G
C-M
C-P
FP-1
M-1
M-2
MU-I
MU-II
MU-III

ATTACHMENT F
N
Pep
p
e
r
Tr
e
e
Dr
E Newhaven Dr
E Avocado St
N
Country Ln
S Arovista AveW Imperial Hwy S Jasmine Dr
N
Cliffwo
od Ave
Brea
Mal
l
Rd
S Brea Blvd
E Locust St
E Date St
E Ash St
ECountry Hills Rd
E Elm St
S Laurel Ave
N Wandering
Ln
S Sycamore Ave
N Tamarack Ave
W Juniper St
E Fir St
S Walnut Ave
N
Randol p h Ave
S Redwood Ave
N Madrona
Ave
N Oak Pl
E Alder St
E Branch Ln
S Madrona Ave
S Cedar
Ave
W Eadington Dr
W Mariner St
E Cherry St
S Valverde Ave
E Foothill Ln
N
Pointe Dr
S
Castlega
t
e Ln
E Ravencrest Dr
W Fir St
S Mulberry
Ave
N
Winding
Ln
W Elm St
N
Wildcat
Wa
y
S Aurora
Ave
E Hillhaven Dr
E Candlewood St
W Date St
E Wakeforest St
S Lantana Ave
N
C
l
iffw
o o d Park St
E Willow Dr
S Larchwood Dr
S Magnolia Ave
S Pine Ave
E Madison Way
E Rainbow Ln
N Orange Ave
S Briarwoo
d
Dr
S Poplar Ave
S
Orange Ave
W Beacon St
W Lin d en
W ay
E Moorpark Dr
E Holly St
S Catalpa Ave
N
Delphia Ave
W Vanguard Way
S
Rand
o
l
p
h Ave
Lambert Rd
Brea Blvd
Berry St
Associated
Rd
State Colleg
e
B
vl
d
Associated Rd
Lambert Rd
Brea Blvd
Puente St
Birch St Birch St
Parcels with a Proposed Brea Core Area
Zoning Change
Created by De Novo Planning Group for the City of Brea, March 24, 2025.

Proposed Brea Core Area Zoning
M-1 (1)
MU-I (20)
MU-II (53)
MU-III (36)
LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Brea Core Study Area
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 57 90
Imperial Hwy
0 500 1,000
Feet
General Plan 2050
Land Use Report
City of Brea

ATTACHMENT G
ii | Brea Land Use Report
Table of Contents
Overview 1
Focused General Plan Update Overview 2
Land Use Outreach Process 5
Planning Context 8
Planning Area 8
Local and Regional Trends 8
Market Analysis 8
Housing Site Identification 10
Existing Land Uses 10
Land Use Plan 13
Overview of Proposed Land Use Plan 13
Current and New Land Use Designations 13
Fiscal Considerations 21
Mobility Considerations 21
Infrastructure Considerations 22
Next Steps 24
Environmental Impact Report 24
Public Hearings 24
1 | Brea Land Use Report
Overview
In spring of 2024, the City of Brea embarked on an
effort to complete a Focused General Plan Update and
prepare a new Specific Plan for the Core area. The
General Plan is a long-term policy document that identifies the community’s vision for the future and provides a framework to guide decisions on land use, housing,
transportation, infrastructure, community design, open
space and resource conservation, and other related
topics. The Specific Plan will serve as a tool to implement the General Plan for the Brea Core area, which is generally described as the area between Lambert
Road (on the north), SR-57/Brea Plaza (on the east),
Imperial Highway (on the south), and Berry Street (on
the west).

As part of the Focused General Plan Update process,
the City will evaluate the Land Use Plan (or “map”) and determine if the land uses and development patterns
articulated through the Land Use Plan best reflect the
community’s vision for the future of Brea. The Land Use Plan is one of the General Plan’s primary mechanisms
for shaping Brea’s future development pattern. The map
assigns a land use designation to each parcel within the city, which describes the range of uses allowed and the development intensity permitted on associated parcels.

The purpose of the Land Use Report is to provide
the City with a tool to consider and evaluate potential land use and development pattern changes throughout strategic areas of the City that may be
desirable over the next 25 years.
2 | Brea Land Use Report
Focused General Plan Update
Overview
The Land Use Report serves as one of the key deliverables that the City and the consultant team are preparing as part of the Focused General Plan Update process.

This Report considers existing conditions and is intended to present land use ideas that implement the Community Vision, described below.

Community Vision
The Community Vision includes a written description of
the Vision Statement that describes the City of Brea now and in the future. The Vision Statement is supported by the following six guiding principles:
» Preserve our Special Character
» Foster Mobility and Access
» Balance Growth and Community
» Economic Development
» Resilience for Future Generation
» Connection to Nature
The Community Vision was drafted based on direct input received from the community, including but not limited to, Brea residents, business communities, and the Steering Committee.

Community Vision Statement
Brea is a thriving and growing city that has held
onto its small-town charm while evolving into a
modern community rich in amenities. The community’s support for one another is evident as residents often greet each other and enjoy evening walks
through attractive, clean, safe neighborhoods and
public spaces. Signature events like Brea Fest and
the 4th of July Country Fair, along with school and
sports celebrations, promote local pride and togetherness. Celebration of the community’s traditions and history flourish here, exhibited through public art displays from local artists, efforts of the
Brea Museum & Historical Society, and the sharing
of memories from long-time residents.

Brea is a family-friendly community that thoughtfully balances a hometown feel with modern conveniences. There is a wide range of shopping, dining, and entertainment choices that market Brea as an
exciting place to live, work, and visit. A key feature
of the City is the exciting and dynamic atmosphere
of Brea Downtown, a mixed-use area where residents and visitors can enjoy a fun night out. The City provides a variety of housing options for
young families, seniors, and everyone in between.

The City has long had a vision and supporting policies to balance jobs and housing in an effort to create an economically sustainable community
with reduced impacts on the City’s transportation
network.

Balanced growth and inclusivity are valued. The
natural environment, including open spaces, hillsides and wildlife, is well-preserved. The City also provides essential infrastructure and amenities to
meet the needs of current and future community
members. Diverse representation in decision-making fosters community cohesion. The City preserves what makes it special, while adapting to a changing world and cultivating a prosperous future for all people who live, work, and visit Brea.
3 | Brea Land Use Report
Focused General Plan Update
(Upcoming)
After a 3-year planning process, the City adopted the
existing City of Brea General Plan in 2003, which is a
comprehensive, long-term document that represents the
community’s view of its future. The General Plan is comprised of five chapters, or elements: Community Development, Housing, Community Resources, Community Services and Public Safety. At the time of the 2003
General Plan preparation, the forecast and projections
were based on the horizon year of 2020, and as such,
the 2003 General Plan is no longer a visioning document for the community and requires an update.

In May 2023, the City conducted an audit of its current General Plan to help identify the scope and scale of a future general plan update. This audit evaluated
the topical content of each element, including existing goals, policies, and programs, for their currency and
relevancy by examining the General Plan for its compliance with current State law and where it can be improved to incorporate new policies and programs that are in line with current best planning practice. Based on the results of this audit, the City expects a “focused” update to its General Plan policy document, with the most robust updates made to the land use and circulation
portions of the document.

Brea Core Area Specific Plan
(Upcoming)
As phase one of the larger Brea Core improvement effort, the City Council adopted the Brea Connecting the Core Active Transportation Plan (ATP) in 2020, which
developed a community-driven vision of a connected
and safe transportation system for all. Phase two of this effort involves the Brea Core Specific Plan, which will address/establish land use and new standards and
guidelines for development within the Brea Core area.

Environmental Impact Report
(Upcoming)
The Focused General Plan Update and Brea Core
Specific Plan process will require an Environmental Impact Report (EIR) that will respond to the requirements of the California Environmental Quality Act (CEQA).

The preparation of an EIR will address all potential environmental impacts associated with the proposed Focused General Plan Update and Brea Core Specific Plan. EIRs prepared for general plans and/or specific
plans generally analyze future development at a programmatic level (i.e., higher, less detailed) and enable the City to streamline the environmental review process for subsequent projects that implement the general plan and/or specific plan. CEQA consideration of specific subsequent projects must still occur, but the process is generally shorter and/or more focused because it
can leverage General Plan/Specific Plan EIR analyses
and identification of mitigation measures. This CEQA
process is generally referred to as “tiering.” In certain situations, additional analysis may be unnecessary
based on information previously disclosed in the General Plan/Specific Plan EIR and a showing that the subsequent project would not result in new or more severe previously identified significant environmental effects.

The Planning Commission and City Council will use the
EIR during the Focused General Plan Update and Brea
Core Specific Plan process to understand the potential
environmental effects associated with implementing the
General Plan and Specific Plan.
4 | Brea Land Use Report
Land Use Outreach Process
The areas of change identified and analyzed in the
Land Use Report were developed through an extensive
outreach process that included public input received
at Open House events, surveys, Community Steering
Committee meetings, and insight from City departments. Key phases of the outreach approach are described below and are further documented in the Vision and Values Outreach Summary Report available online
on the Focused General Plan Update and Brea Core
Specific Plan website (brea.generalplan.org).

Vision and Values Community
Outreach
The City began preparation of its Focused General
Plan Update and Brea Core Specific Plan with an extensive multilingual engagement process to understand the community’s vision and values. To gather input, the City hosted a pop-up booth at the City’s annual Public
Works and Fire Department Open House event and an
in-person Open House, and facilitated a comprehensive survey activity. Opportunities for public input were advertised to the entire Brea community through a series of channels, including: a bilingual direct postcard mailer to every mailing address (residential and business) in the City; the Brea 2050 website (brea.generalplan.
org); social media posts; a City publication (Brea Line); community announcements at the City Council meetings and City facilities; and e-mail notifications.

On June 5, 2024, the City hosted an in-person Open
House to begin its conversation with the community regarding the Focused General Plan Update and Brea Core Specific Plan process. Approximately 60 community members attended. The outreach event included an overview of the Focused General Plan Update and the
Brea Core Specific Plan projects, topics the General
Plan must address, and the project schedule. The Open
House also included a series of input stations where
participants were asked to weigh-in on specific issues
related to the future of Brea.

A Vision and Values survey was designed to replicate
the open house activities while expanding opportunities for input on more specific topic areas. The survey activity provided various opportunities for participants to share their vision for the future of Brea. The survey was open between May 6, 2024 and June 30, 2024, and
the City received over 235 responses to the online survey. The survey consisted of 20 questions, of which 10 were related to the community vision, mobility and land use and design. The other 10 questions were related to
the demographics of the respondent.

Community Steering Committee
The City convened a Community Steering Committee
comprised of 16 community members from a wide
range of interest, experiences/expertise, and age
groups. The main purpose of the Committee is to serve
as an advisory body to the City staff and the consultant team; to review and provide input on proposed updates General Plan and Specific Plan; and to represent the community’s interests and serve as “ambassadors”
for the General Plan and Specific Plan. The Steering
Committee meetings provide a structured framework for
in-depth discussions and analysis for community stakeholder participation. Six Steering Committee meetings were held between June 2024 and January 2025, with
each meeting dedicated to a specific topic of focus, including: Vision/Priorities, Land Use and Economic Development, Mobility, Infrastructure and Sustainability, the Brea Core Area, and the proposed Land Use Map
and Brea Core Specific Plan Zoning Map.

The kickoff Steering Committee meeting was held on
June 13, 2024, and the main topic was community vision and priorities. GPAC members identified the key assets and challenges within the city. This activity intersected a variety of General Plan topics such as land use, circulation, economic development, resource conservation, and community character. The Steering Committee members provided their own vision of what they would like to see for the future of Brea.

The second Steering Committee meeting held on July 17,
2024 focused on the topics of land use and economic development. Committee members were presented with information detailing the economic landscape of
the city. This discussion focused on economic development, fiscal sustainability, and fostering long-term economic vibrancy within the community, as well as existing land use designations and on-the-ground land use patterns within Brea. Committee members were broken
up into small groups to provide feedback on land use.
5 | Brea Land Use Report
On August 8, 2024, the Steering Committee convened
to discuss circulation (mobility). During this session, Committee members discussed a variety of mobility related issues such as walkability and bike-friendly infrastructure. During this meeting the consultant team also received insight from Steering Committee members on
vehicular conditions of specific streets, including which streets are known for high-speeds, congestion, high
truck activity, or streets that are too wide. After providing the existing mobility landscape of the city, the GPAC members provided ideas of how to create a safer environment for all users and increase multi-modal transportation options. In addition, the Steering Committee provided input on emerging trends in mobility, such as
e-bikes and electric vehicle charging infrastructure.

The fourth Steering Committee meeting held on September 12, 2024 focused on infrastructure and sustainability. Committee members were presented with information related to public services and utilities (e.g., water, sewer, drainage services), as well as sustainable environmental practices (e.g., water conservation, energy efficiency, urban greening). This discussion focused on what the City is already doing and how efforts to improve infrastructure and sustainability could be improved in the future.

On October 16, 2024, the Steering Committee met to
discuss the Brea Core Area Specific Plan. Committee
members were provided with an introduction on specific plans and proposed zoning changes in the Core Area. This was followed by an interactive poll and
breakout groups to discuss mobility and placemaking.

The sixth Steering Committee meeting was held on January 9, 2025 and focused on the proposed Land Use Map, including a presentation of the proposed new
General Plan land use designations that would apply
citywide and the proposed zoning designations for the
Brea Core Specific Plan area. Committee members
reviewed the proposed land use and zoning changes
and provided staff with feedback, direction, and recommended changes. • FAMILY-FRIENDLY ATMOSPHERE
• SMALL TOWN CHARM WITH BIG CITY AMENITIES
• ENGAGED, SUPPORTIVE, AND DIVERSE COMMUNITY
• ATTRACTIVE, SAFE, AND CLEAN NEIGHBORHOODS
• PRISTINE NATURAL FEATURES AND HILLSIDE AREAS
• PARKS, TRAILS, AND PUBLIC SPACES
• QUALITY SCHOOLS
• ARTS AND CULTURE
• RICH HISTORY AND TRADITIONS
• SUPPORT FOR LOCAL BUSINESSES
WE HEARD THAT THE BREA COMMUNITY VALUES...
6 | Brea Land Use Report
Next Steps
Over time, the city’s population and the physical landscape in which its residents live, work, and play will change. To help ensure the Brea General Plan remains
a valuable and relevant resource, the Policy Document will require continuous monitoring and periodic revisions to address the changing sociodemographic
conditions and evolving needs of the community. One
important aspect of this Focused General Plan Update
process involves the revisiting and updating of the City of Brea Land Use Plan. The City Council, Planning Commission, City staff, and the consultant team will use this Land Use Report to prepare and refine the Land Use
Plan so that the City can move forward with preparing
the Policy Document and EIR.
7 | Brea Land Use Report
Planning Context
Planning Area
The General Plan addresses not just lands within the
City’s corporate limits, but also the unincorporated
Orange County properties surrounding Brea, within
its Sphere of Influence (SOI). While properties within
the SOI are under the jurisdiction of Orange County,
these properties bear a critical relationship to Brea’s planning activities and, from a visual standpoint, form a significant backdrop to the community. One day,
these properties may become part of the City proper,
and planning for service extensions, integrated infrastructure, and compatibility is timely and prudent. For the purposes of the Focused General Plan Update, the
Planning Area is defined as the City’s corporate limits and SOI that is included in the analysis and planning
for the next 25 years.

Local and Regional Trends
Like many communities in Southern California, Brea is undergoing a period of transition as it navigates the challenges of growth, demographic changes, and evolving consumer preferences. A key aspect of this challenge is fulfilling the City’s housing commitments (i.e., accommodating a higher density and range of housing choices) while preserving Brea’s “small-town” feel and scenic
hillside areas. The City is well-positioned to capitalize on this opportunity through strategic infill development, repurposing underutilized or vacant properties to stimulate new investment, attract new and retain current residents and businesses, and foster economic growth.

In an effort to preserve its sensitive hillside areas and reduce wildfire risks, Brea’s future growth is envisioned to occur primarily on infill sites through reuse and/or intensification of areas that are already developed and urbanized. Given strong regional growth trends and
the City’s desirable community attributes (as described further herein), these infill opportunities are expected to align with market demand, making them a promising
avenue for sustainable development.

Market Analysis
Demand for new housing in the City is projected to be
driven primarily by growth in employment. Retail demand will increase commensurately with growth in the City’s number of households and spending per household. Data on local office demand matches regional and national data and trends showing decreased demand after increased remote work during and following the COVID-19 pandemic. Further, demolition of office
spaces in the City suggests there could be a benefit to increasing the flexibility for re-purposing existing office spaces/sites to other uses. Construction activity, occupancy, and rents for the City’s industrial sector, along with employment data and broader market conditions
suggest strong demand for this asset class. The City’s
hotel sector for upper-middle to higher-end, full-service type hotels is strongest compared to midscale/economy limited-service type hotels. Demand is likely to continue to be strongest for full-service type hotels.

Residential
The City is home to a relatively new inventory of housing structures compared to the County as a whole. A development trend of smaller, market-rate, luxury housing units in the City indicates that Brea is desirable among smaller, affluent households, including white-collar professionals and married couples with no children. As consumers, these household types are likely to have
more disposable income for nonessential goods and
services, including luxury shopping and dining, compared to moderate-income and/or larger households.

Current and proposed residential developments in the
8 | Brea Land Use Report
City, which total more than 10% of the City’s current
households, illustrate the trend of converting obsolete mall, office, and parking uses to residential uses, a
trend supported by high and growing rents and home
values. As the City’s job market continues to develop,
demand potential for residential housing is expected to grow by more than 12% by 2030.

Retail
The data suggest that the City has a reasonable amount
of retail space outside of the Brea Mall and a surplus
of retail space when including the Brea Mall. The proposed redevelopment of the mall would add 380 residential units and reduce the retail square footage by approximately 43,000 square feet (excluding a proposed lifestyle fitness center). Incorporating the mall redevelopment, the City has a balanced amount of retail space for its population relative to the submarket.

Residential growth in a region can stimulate increased
demand for and supply of retail development. Given
residential growth projections, total retail demand per household is anticipated to experience minor growth
(2.8% annually) in the coming years. Comparing the
City’s existing retail vacancy rate (net of the Brea Mall, a portion of which is planned to be redeveloped) to
the Brea / La Habra Submarket, the retail sector does
not appear to be oversupplied. It is projected that the increase in households through 2030 will support the
development of between approximately 572,000 and
700,000 square feet of retail space.

Office
Following the COVID-19 pandemic and the subsequent rise in remote work, demand for traditional office properties has fallen in many communities across the
United States. This trend is evident in the City of Brea, as no office properties have been constructed since the occurrence of the COVID-19 pandemic, while several
large office properties have been demolished. A lack
of new office construction and the continued demolition of existing office buildings suggest a lack of demand for more office space and possibly a benefit to allowing
greater flexibility to re-use existing office space. While some office space may be developed through 2030,
the City is projected to see limited to no net increase in demand for office space. Providing greater flexibility
to convert office space into other uses through planning and land use policies and procedures may allow for the quicker and easier re-purposing of office space into other uses with high demand, particularly industrial and retail.

Industrial
Brea is home to approximately 12.3 million square feet
of industrial space, making up roughly 70% of all industrial space within the Brea/La Habra submarket. The City continues to serve as a regional hub for industrial tenants, maintaining its long-term pattern of low vacancy rates, steady growth in market asking rents, and demand for new industrial development. The strength of Brea’s industrial market is further reflected in the City’s job market data, which shows that roughly a quarter of
workers in the City are employed by businesses industrial sectors of Manufacturing, Wholesale Trade, and Transportation & Warehousing. Brea’s strength with
industrial businesses means continued demand for local housing from industrial workers, some of whom may struggle to afford market-rate housing. It is estimated that outstanding demand for development of industrial space by 2030 will be between 1,085,000 and 1,327,000 square feet.

Hotel
Brea is home to numerous local attractions such as the
Brea Improv, Curtis Theater and Brea Gallery at Brea
Civic and Cultural Center, and Brea Mall, as well as
a regional office cluster featuring 4.3 million square
feet of office space. Individuals traveling to Brea for business, cultural, or entertainment events contribute to the demand for local hotels. Brea is also strategically located near California State University, Fullerton and several of the County’s most prominent tourist destinations, including Disneyland Resort, Honda Center, Angel Stadium, and Anaheim Convention Center. Proximity to major tourist attractions can boost hotel demand in surrounding communities such as Brea.

Brea’s hotel sector is strong compared to the Orange
County Northwest/Fullerton hospitality submarket
(which excludes Anaheim). The relative strength of
Brea’s hotel sector can be attributed, in large part, to 9 | Brea Land Use Report
the relatively high percentage of its rooms that are classified as Upper-Upscale compared to the submarket, and its relatively low number of Midscale and Economy
rooms. In Brea, due to the Embassy Suites hotel, 34% of all hotel rooms in the City fall into the Upper-Upscale category. Furthermore, only 32% of hotel rooms in Brea
correspond to Midscale or Economy hotels, while 56%
of all hotel rooms in the submarket fall into the Midscale and Economy categories. These factors currently allow
Brea to outperform the submarket in hotel Occupancy,
Average Daily Rate, and Revenue per Available Room.

Housing Site Identification
California General Plan Housing Element law requires
local governments to adequately plan to meet existing
and projected housing needs, including accommodating their fair share of the regional housing need. This share is known as the Regional Housing Needs Allocation (RHNA) and is based on a Regional Housing Need Allocation Plan (RHNA Plan) developed by
each region’s council of governments. The Southern
California Association of Governments (SCAG) is the
lead agency charged with developing the RHNA Plan
for the area that includes Orange County and the City
of Brea.

As part of the region’s planning efforts during the 6th Cycle RHNA, which covers the planning period October 2021 through October 2029, SCAG developed a RHNA methodology to allocate housing units for each
jurisdiction consistent with projected household growth based on SCAG’s Connect SoCal Regional Transportation Plan/Sustainable Communities Strategy (RTP/ SCS) Growth Forecast between 2020 and 2030.

Based on this methodology, the City of Brea was allocated a RHNA of 2,365 units for the 2021-2029 planning period. The City is not required to ensure that actual development to accommodate the RHNA occurs; however, the City must facilitate housing production by ensuring that land has the appropriate General Plan and zoning designations to allow for development
of the RHNA and that unnecessary development constraints have been removed. The City of Brea adopted its 6th Cycle Housing Element Update in September
2021, which was subsequently revised and re-adopted
in August 2022, and certified by the State in September 2022.

The City’s 6th Cycle Housing Element includes Program
9, Brea Core Plan, which commits the City to developing and adopting the Brea Core Specific Plan, including establishing an Overlay to focus higher densities in the downtown and modified standards to facilitate
office-to-residential conversions.

An update to the City’s Land Use Plan is required to
fulfill the commitments set forth in Program 9 (i.e., to accommodate the City’s RHNA) and maintain consistency with the adopted Housing Element. The Brea Core Specific Plan and Land Use Plan proposed as part
of this update were designed with these objectives in
mind, and would position the City to meet its Housing
Element commitments. Failure to complete the required
land use amendments may result in decertification of
the City’s Housing Element and other penalties and
fines allowed by State Housing Law.
10 | Brea Land Use Report
Existing Land Uses
Brea is home to well-established residential neighborhoods, a thriving business sector, and a revitalized downtown, all contributing to a unique sense of place
and family-friendly environment that residents are
proud to call home. The city’s size provides a welcoming “small-town” feel and, along with its vibrant cultural scene and ample opportunities to socialize, fosters strong neighborhood connections amongst residents
and facilitates a community culture that provides an
outstanding quality of life.

Brea lies at the base of the Puente and Chino Hills in
the North Orange County region of the greater Los Angeles metropolitan area. Regional access to the city is provided primarily by State Route 57 and State Routes
90 (Imperial Highway). Other major arterials include
Carbon Canyon Road, Lambert Road, and Valencia
Road.

When discussing land use, it is important to distinguish between existing land uses that reflect on-the-ground
development and planned land uses. The Southern
California Association of Governments (SCAG) maintains a database of existing “on-the-ground” land uses on individual parcels, including the number of dwelling units and related improvements such as non-residential
building square footage. For the purposes of the City’s Focused General Plan Update, the SCAG data was
used as a starting point for establishing baseline conditions. As reflected in the map on the opposite page, Brea contains a diverse mix of land uses, but is primarily composed of low-density housing (e.g., single-family
detached, duplex) and open space. Commercial uses
are primarily located along the major corridors, such as Imperial Highway, State College Boulevard, and Brea
Boulevard. There are two primary clusters of industrial uses: one cluster is located in the western portion of
the City, bounded by Imperial Highway on the south,
Brea Canyon Channel on the east, and Central Avenue on the north; and a second cluster is located within the southeastern portion of the City, bounded by Birch
Street on the north, Kraemer Boulevard on the west,
and Valencia Avenue on the east. The eastern portion
of the City and the SOI contain large amounts of land
designated for hillside residential use and open space.

Table 1 below represents the existing development totals for the Brea Planning Area.

Units Population Non-Residential
Square Footage
Jobs
City 16,345 46,585 21,480,414 51,937
Sphere of Influence - - - -
Grand Total 16,345 46,585 21,480,414 51,937
Table 1: Existing Development Estimates
11 | Brea Land Use Report
Kraemer Blvd
Val el y
Vie
w
Av
e
Imperial
Hwy
Lambert Rd
H
arbor Blvd
Golden Ave
Valencia
Av
e
L
a
ke
v
ei w
Av
e
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Vil al g
e
Center
Dr
Palm St
Puente St Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
A
s
s
o
ciated Rd
State College
Blvd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
Diamond Bar
La Habra
Heights
Placentia
La Habra
Fullerton
Yorba Linda
Chino Hills
Existing General Plan Land Uses
Created by De Novo Planning Group for the City of Brea, April 3, 2025.

LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
BREA 265 Specific Plan
Neighborhood Commercial
General Commercial
Regional Commercial
Recreational Commercial
Office/Financial
General Industrial
Light Industrial
Mixed Use I
Mixed Use II
Mixed Use III
Natural Open Space
Parks/Recreation/Open Space
Public Facilities
Cemetery
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 0 ½ 1
Miles
12 | Brea Land Use Report
Land Use Plan
Overview of Proposed Land Use
Plan
The proposed Land Use Plan is designed to reflect the
Community Vision by focusing new growth and development within the Brea Core area and other strategic infill areas. It offers a range of new housing options
while stimulating economic development in areas that
are visible and easily accessible to regional transportation, minimizing traffic within the City and preventing negative externalities for the existing lower density neighborhoods. The new growth will simultaneously
support existing businesses by creating more attractive and productive economic centers at key city locations,
allowing for lively economic nodes.

The intent of the Land Use Plan is to protect the City’s existing residential neighborhoods and hillside areas
by incentivizing development in areas that are already
developed and urbanized. The Plan would allow these
areas to develop with a well-integrated mix of uses,
creating environments that are memorable and have a
“sense of place.” Key nodes would see development at
higher densities and intensities, which would bring new life to the areas and promote walkable urban places.

Land Use Designations
The City of Brea General Plan Land Use Plan designates land uses within the City limits and Sphere of Influence. Residential land uses are described based on allowable density and non-residential land uses are
described based on allowable intensity. “Density” is
described in terms of dwelling units per net acre of land (du/ac). Development “intensity” refers to the allowable floor area ratio (FAR) for non-residential development. FAR represents the ratio of building square footage to lot size determined by dividing the total gross floor area of all buildings on a lot by the land area of that lot. Figure 1 provides an example of how the same
FAR can look depending on the number of floors and
building configuration.

Revisions to Land Use Designations
As part of the Focused General Plan Update, the general intent and associated densities/intensities of the City’s existing land use designations were reviewed
and identified as needing an update for the following
reasons: 1) existing land use designations, including
both intended land uses and associated densities and
intensities (or FARs), do not reflect the recent changes in land use pattern, preference and/or need; 2) there is
some redundancy between the existing land use desFigure 1: Floor Area Ratio Example Floor Area Ratio (FAR) = Gross Building Area (All Floors) Lot Area
Note: Variations may
occur if upper floors
are stepped back
from ground level lot
coverage.
13 | Brea Land Use Report
ignations; 3) community input received provides for the need to consolidate, update and modernize the land
use designations; and 4) the City can take proactive
steps now to be best prepared to tackle the next Housing Element update cycle (7th Cycle). As a result, the Land Use Plan proposes revisions to the existing land
use designations, as summarized below and shown in
Table 2. The revisions can be categorized as follows.

Consolidation of designations
Several of the existing land use designations have been eliminated or consolidated to reduce redundancies
and facilitate implementation, including:
» Very Low and Low Density Residential designations combined into a single designation (Low Density Residential);
» General, Regional, and Office/Finance Commercial designations into a single designation (General Commercial); and
» Mixed Use I and II designations into a single
designation (Mixed Use 50).

Renaming of designations
Two existing land use designations have been renamed:
» Neighborhood Commercial designation renamed to Light Commercial; and » Mixed Use III designation renamed to Mixed
Use 18.

New Specific Plan designation
The proposed Land Use Plan introduces a common designation of “Specific Plan” for existing and future specific plans, further defined by their specific plan name.

Specific plans provide an opportunity for the City to
adopt detailed policies, standards, and criteria for
the development or redevelopment of an area. As required by State law, specific plans generally consist of a land plan, circulation plan, development standards,
design guidelines, and phasing plan and set forth detailed implementation programs necessary to serve the planning area. The actual designation of each Specific
Plan area under the proposed Land Use Plan would
be “Specific Plan,” followed by a corresponding reference (e.g., Specific Plan - Brea 265). Actual land uses are illustrated in detail in the specific plan documents (zoning). This change also means that amendments to
land use in the specific plan will not warrant a revision to the General Plan (General Plan Amendment).

Overall updates to the associated densities and intensities Under the proposed Land Use Plan, densities for Medium Density Residential and High Density Residential would be increased to 18 du/ac and 40 du/ac, respectively. Additionally, the FAR for all commercial and industrial designations would be increased. The new
Mixed Use 50 designation (previously Mixed Use I
and II) would expand the range of allowable densities
in these areas by combining the low end of the former
Mixed Use II designation (6.1 du/ac) and the high end
of the former Mixed Use I designation (50 du/ac). The
FAR for the non-residential components of mixed-use
designations would also be increased. These updates
are designed to promote more efficient land use patterns, consistent with State and regional planning guidance, and to reflect recent development trends and industry best practices on financial feasibility - or in other words, getting to a point where projects “pencil out.”
All land use designations are subject to further refinement based on the Land Use Plan’s objectives. The Proposed Land Use Map on the following page shows the specific parcels in the Planning Area where the proposed land use designations are applied, followed by a discussion of those changes.
14 | Brea Land Use Report
Current Designation Density Intensity Proposed Designation Density Intensity Hillside Residential Based on calculated
property slope - Hillside Residential Based on calculated property slope - Very Low Density Residential 1-2 - Low Density Residential 1-6 - Low Density Residential 1-6 - Medium Density Residential 6.1-12 - Medium Density Residential 6.1-18 - High Density Residential 12.1-24.89 - High Density Residential 18.1-40 - Neighborhood Commercial - 0.35 Light Commercial - 0.5
Recreational Commercial - 0.4 Recreational Commercial - 0.5 General Commercial - 0.5
Regional Commercial - 0.65 General Commercial - 2
Office/Financial Commercial - 1.5
Light Industrial - 0.75 Light Industrial - 1
General Industrial - 0.75 General Industrial - 1
Parks/Recreation/Open Space - No Limit Parks/Recreation - No Limit Open Space - No Limit Open Space - No Limit
Mixed Use I 12.1-50 3 Mixed Use 50 6.1-50 3 Mixed Use II 6.1-40 2 Mixed Use III 6.1-18 1 Mixed Use 18 6.1-18 1.5
Public Facility - 1 Public Facility - 1
Cemetery - No Limit Cemetery - -
- - - Specific Plan Based on specific plan
Table 2: Land Use Designations
15 | Brea Land Use Report
Kraemer Blvd
Val el y
Vie
w
Av
e
Imperial
Hwy
Lambert Rd
H
arbor Blvd
Golden Ave
Valencia
Av
e
L
a
ke
v
ei w
Av
e
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Vil al g
e
Center
Dr
Palm St
Puente St Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
A
s
s
o
ciated Rd
State College
Blvd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
Diamond Bar
La Habra
Heights
Placentia
La Habra
Fullerton
Yorba Linda
Chino Hills
Proposed General Plan Land Uses
Created by De Novo Planning Group for the City of Brea, April 3, 2025.

Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
Light Commercial
Recreational Commercial
General Commercial
Light Industrial
General Industrial
Parks/Recreation
Open Space
MU-18
MU-50
Public Facilities
Cemetery
Specific Plan - Birch Hills
Specific Plan - Brea 265
Specific Plan - Brea Core Study Area
Specific Plan - Brea Industrial
Specific Plan - Olinda Ranch
Specific Plan - Tomlinson Park
Specific Plan - Tonner Hills
LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 0 ½ 1
Miles
16 | Brea Land Use Report
Revisions to Land Use Map
The location and amount of future commercial, residential, and other growth reflected in the City’s land use map is an important consideration to ensure that
growth occurs in a well‐planned manner that focuses
on maintaining a vibrant community while providing for
a range of development types in order to support the
local economy. The guiding principle for the proposed
Land Use Map, as reflected in the Community Vision, is
to focus anticipated growth within defined activity centers such as the Brea Core area and other strategic infill areas. Locating future and existing employment, commercial uses, civic, and residential uses in proximity to one another and other supporting uses can create new
thriving nodes of mixed-use activity that create a sense of place in Brea while also preserving and protecting
the community’s valued existing businesses and neighborhoods.

In general, the existing Land Use Map provides a good
foundation that includes many aspects of the Community Vision. However, as with the land use designations, the Focused General Plan Update effort identified the
need to update the map to: 1) align the land use map
with the proposed revisions to the land use designations; 2) address the anticipated need to increase density (e.g. State housing-related mandates, upcoming 7th Cycle Housing Element, etc.) while considering the
core values and guiding principles of the Community
Vision Plan; and 3) provide more clarity, consolidate
where necessary, and clean up inconsistencies. The
following summarizes the key changes included in the
proposed Land Use Plan.

Citywide
The proposed Land Use Plan redesignates the existing land use for a total of 45 parcels, as shown in the map on the following page. Some of these changes
can be characterized as minor “clean-up” items, such
as matching the land use designation to the existing onthe-ground land use. The remaining 28 parcels identify key areas of the City that have the potential to accommodate a mix of uses and would be redesignated from their existing commercial or office designation to the
new MU-50 designation. The idea behind this change
is to expand opportunities for development of additional uses within these properties, with the potential to develop mixed-use activity centers that provide additional desirable housing and employment options in a walkable and transit-oriented format. These properties may choose to remain under their current use or redevelop
in the future, depending on market conditions.

Other non-substantive changes to the Land Use Map,
as previously discussed, include updates to the land
use designations for parcels that are part of an existing specific plan (i.e., Birch Hills, Brea 265, Brea Industrial, Olinda Ranch, Tomlinson Park, and Tonner Hills), along
with parcels located within the proposed Brea Core
Specific Plan boundary, to the new Specific Plan designation; and updates to parcels with current land use designations that are being consolidated or renamed
(i.e., Very Low Residential, Neighborhood Commercial,
Regional Commercial, Mixed Use I, II and III designations) to match the newly consolidated/renamed designations.

Brea Core Specific Plan Area
As previously mentioned, the land use designation for
the parcels located within the proposed Brea Core
Specific Plan would be changed to the “Specific Plan”
designation. Since a specific plan serves as a master
plan for the plan area, the proposed Brea Core Specific Plan must also specify zoning designations for parcels located within the plan area, which would effectively serve as specific plan’s land use designations.

Consistent with the Community Vision, the main focus
of the proposed changes to the proposed Brea Core
Specific Plan area address the anticipated need to increase density while preserving the overall character of the City. A map identifying the proposed land use map
and Brea Core area zoning is presented below.
17 | Brea Land Use Report
Kraemer Blvd
Val el y
Vie
w
Av
e
Imperial
Hwy
Lambert Rd
H
arbor Blvd
Golden Ave
Valencia
Av
e
L
a
ke
v
ei w
Av
e
Berry St
Fairmont Blvd
Harbor
Blvd
Rose Dr
Ohio St
Bastanchury Rd
Carbon Canyon Rd
Brea
Blvd
Vil al g
e
Center
Dr
Palm St
Puente St Central Ave
Birch St Birch St Placentia Ave
Bastanchury Rd
A
s
s
o
ciated Rd
State College
Blvd
Yorba Linda Blvd
Imperial Hwy
57 90
142
90 57

L O S A N G E L E S C O U N T Y

O R A N G E C O U N T Y

S A N B E R N A R D I N O C O U N T Y
24 30
32 35 - 38
34 31
6 3
23 18
19 17
29 28
1 8
10 14
16 11 15
7 13
22 21
4 2
39 9
12 20
27 26 33
25 5
40 41
42 43
44 45
La Habra
Heights
Placentia
La Habra
Fullerton
Yorba Linda
Anaheim
Chino Hills
Proposed General Plan Land Uses
with Change Overlay
Created by De Novo Planning Group for the City of Brea, April 7, 2025.

MAP ID CURRENT DESIGNATION PROPOSED DESIGNATION MAP ID CURRENT DESIGNATION PROPOSED DESIGNATION MAP ID CURRENT DESIGNATION PROPOSED DESIGNATION MAP ID CURRENT DESIGNATION PROPOSED DESIGNATION 1 Light Industrial High Density Residential 13 Public Facilities Low Density Residential 24 Office/Financial MU-50 35 General Commercial MU-50 2 General Commercial MU-50 14 Public Facilities Low Density Residential 25 Office/Financial MU-50 36 General Commercial MU-50 3 General Commercial MU-50 15 Public Facilities Low Density Residential 26 General Commercial MU-50 37 General Commercial MU-50 4 Office/Financial MU-50 16 Public Facilities Low Density Residential 27 General Commercial MU-50 38 General Commercial MU-50 5 General Commercial MU-50 17 Natural Open Space Public Facilities 28 General Commercial MU-50 39 Neighborhood Commercial Public Facilities 6 General Commercial High Density Residential 18 General Commercial MU-50 29 General Commercial MU-50 40 Recreational Commercial Hillside Residential 7 Neighborhood Commercial MU-50 19 General Commercial MU-50 30 Office/Financial MU-50 41 Recreational Commercial Hillside Residential 8 Neighborhood Commercial MU-50 20 General Commercial MU-50 31 Office/Financial MU-50 42 General Industrial Parks/Recreation 9 Neighborhood Commercial MU-50 21 Office/Financial MU-50 32 Office/Financial MU-50 43 General Industrial Parks/Recreation 10 Neighborhood Commercial MU-50 22 Low Density Residential Public Facilities 33 General Commercial MU-50 44 Low Density Residential Parks/Recreation 11 General Commercial MU-50 23 Low Density Residential Public Facilities 34 Office/Financial MU-50 45 Light Industrial Parks/Recreation 12 Public Facilities Low Density Residential
18 | Brea Land Use Report
N
Pe
p
p
er Tre
e
Dr
E Newhaven Dr
E Avocado St
N
Country Ln
S
Aro
vista AveW Imperial Hwy S Jasmine Dr
N
Clif wf o
od
Ave
Brea
Mall Rd
S Brea Blvd
E Locust St
E Date St
E Ash St
ECountry Hills Rd
E Elm St
S Laurel Ave
N Wandering
Ln
S Sycamore Ave
N Tamarack Ave
W Juniper St
E Fir St
S Walnut Ave
N
Randol p h
Av
e
S Redwood Ave
N Madrona
Ave
N Oak Pl
E Alder St
E Branch Ln
S Madrona Ave
S Cedar Ave
W Eadington Dr
W Mariner St
E Cherry St
S Valverde Ave
E Foothill Ln
N
Pointe Dr
S
Castlegate Ln
E Ravencrest Dr
W Fir St
S
Mulberry
Av
e
N Winding
Ln
W Elm St
N
Wildcat
Wa
y
S
Aurora
Ave
E Hillhaven Dr
E Candlewood St
W Date St
E Wakeforest St
S Lantana Ave
N C liffw
o o d Park St
E Willow Dr
S Larchwood Dr
S
Magnolia
Ave
S Pine Ave
E Madison Way
E Rainbow Ln
N
Orange
Ave
S Briarwoo
d
Dr
S Poplar Ave
S
Orange
Ave
W Beacon St
W Lin d enW ay
E Moorpark Dr
E Holly St
S Catalpa Ave
N
Delphia Ave
W Vanguard Way
S
Ra
n
d
olp
h
Ave
Lambert Rd
Brea Blvd
Berry St
Associated
Rd
State
Colleg
e
B
vl
d
Associated Rd
Lambert Rd
Brea Blvd
Puente St
Birch St Birch St
Proposed General Plan Land Uses with
Proposed Brea Core Area Zoning
Created by De Novo Planning Group for the City of Brea, March 24, 2025.

Proposed Brea Core Area Zoning
C-C
C-G
C-M
C-P
FP-1
M-1
M-2
MU-I
MU-II
MU-III

P/R/OS-PR
PF
R-1
R-3
Proposed General Plan Land Uses
Low Density Residential
Medium Density Residential
High Density Residential
General Commercial
Light Industrial
General Industrial
Parks/Recreation
MU-18
MU-50
Public Facilities
Specific Plan - Birch Hills
Specific Plan - Brea Industrial
Specific Plan - Tonner Hills
Specific Plan - Brea Core Study Area
LEGEND
Brea City Boundary
Brea Sphere of Influence
County Boundary
Other Incorporated Area
Sources: City of Brea; Orange County; ArcGIS Online World Hillshade Map Service. 57 90
Imperial Hwy
0 500 1,000
Feet
19 | Brea Land Use Report
Summary of Preliminary Buildout
Assumptions
As part of the Focused General Plan Update, the City
considers the reasonable long-term buildout potential
for housing units, non-residential building square footage, population, and employment that could be generated by the Land Use Plan. These forecasts are useful in helping the City prepare for potential future development. Although a maximum buildout condition could be considered for the overall analysis, such maximum
buildout condition would not be a true representation
of the anticipated future buildout because in reality,
practical factors such as physical and environmental
constraints (i.e., parcel size and shape), regulatory
constraints (i.e., development standards), financial feasibility, and market conditions limit how much development could actually occur. It should also be noted that development of individual parcels would occur over
time, not all at once. A variety of factors were considered when calculating reasonable buildout capacity of the proposed Land Use Plan, including existing land
use conditions, information from the US Census, local
and regional growth assessments of existing conditions
and growth projections from the Southern California
Association of Governments (SCAG) and the California Department of Finance (DOF), current General Plan (2003) projections, proposed land use map estimates,
market study prepared for the Project, past development patterns, and current development interest.

Table 3 on the following page shows a summary of
existing housing and non-residential development and
compares potential buildout under the current General
Plan to the proposed Land Use Plan. As shown, the proposed Land Use Plan will accommodate future growth primarily in the Brea Core area. Development would
also be accommodated outside of this area, both
within the City limits and Sphere of Influence. Overall, buildout of the proposed Land Use Plan could yield a
total of up to 23,073 dwelling units, a population of
65,759 people, approximately 29,543,243 square
feet of non-residential building floor area, and 71,193 jobs within the Planning Area.
20 | Brea Land Use Report
Existing
Conditions
Current General
Plan Land Use
Map
Proposed Land
Use Map
Difference
Between
Proposed and
Current Map
Citywide (Excluding Brea Core Area)
Units 14,928 16,826 17,274 + 448
Population 42,545 47,954 49,230 +1,276
Non-Residential
Square Footage 16,366,551 22,389,266 23,163,655 +774,389 Jobs 39,572 53,955 55,821 + 1,866
Brea Core Area
Units 1,417 2,461 4,752 +2,291
Population 4,040 7,013 13,542 + 6,529
Non-Residential
Square Footage 5,113,863 6,087,642 6,379,588 +291,946
Jobs 12,365 14,669 15,373 +703
Sphere of Influence
Units - 1,048 1,048 -
Population - 2,987 2,987 -
Non-Residential
Square Footage - - - -
Jobs - - - -
Total Planning Area
Units 16,345 20,335 23,073 +2,739
Population 46,585 57,954 65,759 +7,805
Non-Residential
Square Footage 21,480,414 28,476,908 29,543,243 +1,066,335 Jobs 51,937 68,624 71,193 +2,569
Table 3: Summary of Potential Buildout Under Land Use Plan 21 | Brea Land Use Report
Fiscal Considerations
The fiscal and economic impact analysis estimates the
impacts of anticipated development under the proposed Land Use Plan on the City’s General Fund and Paramedic Services Fund budgets and local economy
relative to existing conditions. Specifically, the analysis compares the expected increase in General Fund and
Paramedic Services Fund revenues resulting from new
development under buildout conditions with the expected increase in expenditures due to associated public service costs. Economic impacts measure effects on the
local economy (i.e., jobs, labor income, and economic
output). The analysis focuses on estimating the anticipated effects of the buildout projections to evaluate the proposed land use designation changes; the calculations do not take into account larger economic forces, such as state, national, and global markets, events, and trends.

The key findings presented in this section summarize the analysis completed for the Land Use Plan. Detailed explanations of methodology for estimating each revenue and expenditure category are provided as part of a
separate report.

Fiscal Impact Analysis
The fiscal and economic impact analysis estimates that
the proposed Land Use Plan would have a positive net
fiscal benefit on the City’s General Fund and Paramedic Services Fund at buildout. Specifically, the analysis projects that buildout under the proposed Land Use Plan will increase the City’s General Fund and Paramedic
Services Fund revenues by a total of approximately $21,565,930 and expenditures by approximately $16,544,000, resulting in a net (positive) increase of
approximately $5,021,930. These estimates are based
on continuing the current level of service. It should be noted that these projections focus on annual revenues
and expenditures, without covering potential capital
needs resulting from the new development. These are
addressed in the Infrastructure Considerations section.

Total revenues of approximately $69 million and $7
million in the General Fund and Paramedic Services
Fund are projected to increase by approximately $18.7
million and $2.9 million, respectively. The increases in General Fund Revenues are driven primarily by property tax and sales tax revenues.

Total expenditures of approximately $69.8 million and
$7 million in the General Fund and Paramedic Services
Fund are projected to increase by approximately $14.4
million and $2.1 million, respectively. The expenditures are driven primarily by police and fire department
expenditures. Based on maintaining the current level
of service and without any additional steps taken by
the City, buildout conditions are expected to increase
General Fund and Paramedic Services Fund revenues
by approximately $5 million more than their increase to corresponding expenditures.

Economic Impact Analysis
In addition to impacts to the City’s operating budget,
buildout under the Land Use Plan will grow the local
economy. Specifically, the fiscal and economic impact analysis estimates that buildout conditions under the Land Use Plan are associated with at least 17,711
new jobs (which includes direct and indirect jobs and
therefore varies slightly from the buildout projections shown in Table 3), more than $1.5 billion in increased
labor income, and more than $4 billion in increased
economic output.

Infrastructure Considerations
Future buildout conditions under the proposed Land
Use Plan would result in increased growth in Brea
through redevelopment of existing areas, particularly
the Brea Core area; increased growth and redevelopment would, in turn, result in impacts to the City’s infrastructure system. Because new mixed-use development would occur primarily on infill sites, the change in land use is anticipated to have little impact on surface drainage compared to existing conditions, and the stormwater impacts will be marginal. The City has a storm drain system comprised of catch basins and storm drain lines
that convey stormwater runoff within roadways and
underground before discharging into Orange County
Flood Control District (OCFCD) regional conveyance
facilities. The City and OCFCD monitor and maintain
their respective infrastructure to ensure the system functions effectively. Furthermore, the City of Brea has an adopted Master Plan of Drainage which identifies necessary stormwater infrastructure within the City. 22 | Brea Land Use Report
Although the water and wastewater characteristics associated with the proposed Land Use Plan have yet to be determined, it is anticipated that water demand
and wastewater generation will be increased beyond
levels projected for the current land uses. Neither the City of Brea’s 2020 Urban Water Management Plan
(UWMP) nor its 2021 Sewer Master Plan (SMP)
identify or plan for the land uses proposed under the
Focused General Plan Update, and therefore, water
and wastewater impacts associated with buildout conditions have not been evaluated. As a result, an Infrastructure Technical Report to support the technical analysis included in the Environmental Impact Report will be prepared to determine water and wastewater impacts.

In addition, pursuant to SB 610, a water supply analysis will be prepared for the Brea Core Specific Plan.

Mobility Considerations
Trip Generation Comparison
ITE trip generation rates were used to develop weekday daily, AM peak hour and PM peak hour trip generation estimates under each land use scenario for the City and SOI, as shown in Table 4. Compared to buildout of the current General Plan (2003), the proposed Land Use Plan is estimated to increase weekday daily,
AM peak hour, and PM peak hour trips by 14 percent,
6 percent, and 13 percent, respectively. Compared to
existing conditions, weekday daily trips under the proposed plan are estimated to increase by 51 percent, with increases during the weekday AM and PM peak
hours of 41 percent and 50 percent, respectively.

Brea has a sizable SOI, which consists primarily of
hillside residential and open space land uses. Properties designated as Hillside Residential are moderately to severely constrained by a variety of environmental
factors, including: steep/unstable slopes, ridgelines,
earthquake faults, landslides, wildland fire hazards,
and sensitive habitat. Currently, there is no development in this area. Under the current General Plan, up to 1,048 dwelling units of Hillside Residential units could be developed, which would not be changed with the
proposed Focused General Plan Update.

Table 5 presents the estimated trips associated with
development in the SOI under existing conditions, current General Plan (2003) buildout, and proposed plan buildout.

Opportunities for Trip Internalization
Reductions and Mode Shift
The trip generation estimates presented in Table 4 do
not take into account trip internalization (i.e., trips that stay within a site) and/or trips switching to non-vehicle modes such as walking, bicycling, and public transit.

Mixed-use land use designations can encourage denser mixed-use developments which can result in trips that are shorter, remain internal to a development, and/or
shift away from single-occupant vehicles. While the Focused General Plan Update proposes higher development levels than existing conditions or the current General Plan, it proposes more development within areas designated as Mixed Use (i.e., Mixed Use 18, Mixed
Use 50). The proposed Land Use Plan allows for up to
7,056 units and 10.1 million square feet of nonresidenScenario Weekday Daily Trips
Weekday AM
Peak Hour Trips
Weekday PM
Peak Hour Trips
Existing Conditions 375,022 23,915 37,191
Current General Plan (2003) 493,789 32,027 49,089
Proposed Plan 565,387 33,789 55,604
Change from Existing Conditions 51% 41% 50%
Change from Current General Plan 14% 6% 13%
Source: Institute of Transportation Engineers, 2025; Kittelson & Associates, 2025.

Note: Trip generation estimations do not take into account trip internalization (i.e., trips that stay within a site) and/or trips switching to non-vehicle modes such as walking, bicycling, and public transit.

Table 4: Trip Generation Comparison
23 | Brea Land Use Report
tial development within mixed-use designations (MU18 and MU-50) and in the Brea Core area (which will encourage a mix of uses in horizontal and vertical formats). This is compared to the current plan which
allows for 2,644 units and 5.1 million square feet of
nonresidential development within mixed-use designations (MU-I, MU-II, and MU-III). Through this land use allocation, the proposed Land Use Plan would establish complementary land uses that provide opportunities for residents, employees, and visitors to shift trips away from driving to walking, biking, and riding transit.

Scenarios Dwelling
Units
Weekday
Daily Trips
Weekday AM
Peak Hour
Trips
Weekday PM
Peak Hour
Trips
Existing Conditions 0 0 0 0
Current General Plan (2003) 1,048 9,883 734 985
Proposed Plan 1,048 9,883 734 985
Source: Institute of Transportation Engineers, 2025; Kittelson & Associates, 2025.

Table 5: Sphere of Influence - Trip Generation Comparison 24 | Brea Land Use Report
Next Steps
Environmental Impact Report
An Environmental Impact Report (EIR), including all
necessary technical studies, will be prepared for the
Focused General Plan Update and Brea Core Specific
Plan and will analyze potential impacts associated with implementation of these documents. This analysis will
be based on the buildout potential tied to the Land Use Plan, as described above. The EIR will clearly and comprehensively evaluate potential environmental impacts, identify mitigation measures and project alternatives
that can reduce impacts to a less than significant level, and identify those impacts that cannot be reduced to
a less than significant level, stated as “significant and unavoidable.”
The EIR will serve as a “tiering document” to facilitate streamlined environmental review of all subsequent development and infrastructure projects undertaken in the city, which are consistent with the General Plan.

Public Hearings
Preparation of the Draft General Plan Policy Document,
Draft Specific Plan, and Draft Environmental Impact Report will take several months after the Land Use Plan is developed and refined. Upon completion of these
draft documents, the City will begin a public review period of the draft documents so that community members and other stakeholders may comment on the General
Plan Update work products.

The Draft General Plan and Draft EIR will be presented
to the Planning Commission and City Council during the
public review period to provide the community further
opportunities to comment on the documents.

Following completion of the Final EIR and revised Draft General Plan Policy Document, these documents will
be brought to the Planning Commission for a recommendation and to City Council for consideration of adoption.

The City Council can, at any time, request modifications to the draft documents, including the Preferred Land Use Plan; however, any significant deviations from the Preferred Land Use Plan may necessitate additional technical analysis to ensure all potential impacts are adequately analyzed.

No draft documents should be construed as policy decisions or policy direction until such time as the required public hearings are complete and the City Council has
made a decision on the draft documents.

City of Brea
City Council Regular Meeting Communication
B. Affordable Housing Agreement with Brea 32, LLC and Homebuyer Down-Payment Assistance Funding Request for the South Brea Townhomes Project
Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
ADMINISTRATIVE ITEMS Item: 3B.

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

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

1. Approve an Affordable Housing Agreement (Attachment A) with Brea 32, LLC for the South Brea Townhomes Project (“Project”);

2. Authorize the City Manager to:
a. Execute the Affordable Housing Agreement;
b. Execute the following two documents with four buyers of the affordable units at South Brea Townhomes (included as exhibits to Attachment A):
i. Purchaser Affordability Agreement; and
ii. Notice of Affordability Restrictions.
c. Administratively make non-monetary revisions to the Affordable Housing Agreement and related documents as necessary or appropriate;

3. Approve a California Environmental Quality Act (“CEQA”) Exemption Determination pursuant to CEQA Guidelines Section 15061(b)(3);

4. Discuss options and provide direction to staff regarding the use of City Housing funds to provide downpayment assistance loans, in an amount not-to-exceed $400,000 to four Low-Income buyers of the affordable units at South Brea Townhomes; and

5. If applicable,
a. Amend the City’s Fiscal Year 2024-25 Operating Budget to appropriate an amount not-to-exceed $400,000 from the Affordable Housing Trust Fund (270) and/or Housing Successor Fund (280) for the use of down-payment assistance loans; and
b. Authorize the City Manager to authorize payment of four down-payment assistance loans in a total amount not-to-exceed $400,000.

BACKGROUND/DISCUSSION
Background:

On March 2, 1993, the City Council adopted Resolution No. 93-16, which established the Affordable Housing Guidelines for Ordinance No. 934. This ordinance mandates that residential developments of 20 units or more to set aside 10% of the total units as affordable for Low- to Moderate-Income households. The ordinance was subsequently amended on August 17, 2004 and August 15, 2023, to incorporate new guidelines for the implementation of Chapter 20.40 of the Brea City Code. The purpose of Chapter 20.40 is to implement an Affordable Housing Program aimed at expanding the affordable housing stock in the City, by establishing standards and procedures that encourage the development of Low- to Moderate-Income housing, which is then implemented through an Affordable Housing Agreement between the developer and the City. The Affordable Housing Agreement specifies the number, type, location, approximate size, and construction schedule of all dwelling units. It also includes provisions for resale restrictions, monitoring the affordability of the units, and determining the eligibility of households.

On August 16, 2022, the City Council adopted Resolution No. 2022-061, approving the 6 th Cycle Housing Element,
which committed City staff to seek funding to facilitate the development of affordable housing (Housing Element Policy 2.1) and offer financial assistance to Low- and Moderate-Income homebuyers (Housing Element Policy 2.3).

Since the adoption of the Housing Element in 2022, the City has been successful in securing grant funding from CalOptima Health and the California State Department of Housing and Community Development’s (“HCD”) Prohousing Incentive Program for the development of affordable housing.

On July 28, 2023, City staff received an SB 330 preliminary application for a residential development for the South Brea Townhomes, utilizing the provisions of Government Section 65589.5 and 65941.1, which subjects the submitted project to the ordinances, policies, and standards adopted and in effect when the application was submitted to the City. At the time of application, the 2023 Affordable Housing Ordinance update was not yet in effect; therefore, the submitted project fell under the 2004 guidelines (included as Exhibit B to Attachment A).

On July 23, 2024, the Brea Planning Commission approved Resolution No. PC 2024-07 for a Tentative Tract Map No. 19315, Resolution No. PC 2024-08 for a Density Bonus No. 2023.01, and Resolution No. PC 2024-09 for a Precise Development No. 2023.03 approving the South Brea Townhomes Project (“Project”). The Planning Commission Staff Report and attachments from the July 23, 2024 meeting are included as Attachment B, providing additional background information on the Project.

The Project includes demolition of an approximately 6,592 square-foot commercial building located at 685 South Brea Boulevard and construction of 32 new, single-family, for-sale units. Per the City’s Ordinance No. 934 prior to the 2023 Affordable Housing Ordinance Update, as well as the Conditions of Approval numbers 14-16 from Exhibit A to Resolution No. 2024-09 (Attachment B), the project shall comply with the following requirements:

Four units shall be provided as for-sale affordable units for Moderate-Income households for a minimum period of 45 years.

An Affordable Housing Agreement between the developer and City shall be approved by the City Council and recorded prior to permit issuance.

The applicant shall 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 affordable units.

As per the Conditions of Approval and the City’s Affordable Housing Guidelines, the Affordable Housing Agreement, presented as Attachment A, includes provisions for the affordability period, eligibility of households, resale restrictions, monitoring of the affordable units, and potential funding contribution towards buyers of the affordable units.

On August 20, 2024, the City Council adopted Resolution No. 2024-056, authorizing the submission of a Local Housing Trust Fund (“LHTF”) grant application to HCD, in pursuit of the opportunity to offer financial assistance to Low-Income buyers of the future affordable units. The grant request from HCD was in the amount of $1,000,000, with a match requirement of $1,000,000 from the City’s Affordable Housing Trust Fund (270), for a total of $2,000,000. From the $2,000,000 total, $400,000 was identified to provide financial down-payment assistance for future buyers of the affordable units at the Project.

On September 17, 2024, following City Council’s authorization, staff submitted the matching grant application to HCD’s LHTF program. Detailed information about the LHTF grant application is provided in the August 20, 2024 City Council Staff Report as Attachment C. However, as of the drafting of this staff report, LHTF award announcements are still pending.

Should the City not be successful in obtaining the LHTF grant award, staff is seeking direction as to whether or not the City Council would be interested in approving the use of the City’s Housing Funds to offer financial assistance to Low-Income buyers of the future affordable units. Staff has prepared the following scenarios for Council’s review and consideration. For illustrative purposes, Tables 1 and 2, below, demonstrate the estimated beginning balances of the City’s two Housing funds, current obligations, and estimated ending fund balances.

TABLE 1
Fund 270 - Affordable Housing Trust Fund Balance and Obligations Estimated fund balance as of FY 2024-25 $3,807,635
Ongoing obligation for Senior Subsidy Program and
other expenses
(setting aside four years’ worth of expenditures)
-$124,000
Estimated fund balance available for future projects* $3,683,635 *If the City receives the full LHTF grant award of $1,000,000, the ending fund balance would leave approximately $4,683,635 available for future affordable housing projects.

Fund 270 Estimated Revenue Projections: While the Affordable Housing Trust Fund (270) receives revenue from Homebuyer Program participant equity share payments, the amount/s are significantly dependent on the market conditions and can be inconsistent from one year to the next. The Fiscal Year 2024-25 estimated revenue is $196,154; if the average remains consistent and multiplied over four years, this fund may see an estimate of $784,616 in additional revenue.

TABLE 2
Fund 280 - Housing Successor Fund Balance and Obligations Estimated fund balance as of FY 2024-25 $2,311,185
Ongoing obligation for administrative functions
(setting aside four years’ worth of expenditures)
-$1,372,980
Estimated fund balance $938,205
Fund 280 Estimated Revenue Projections: The Housing Successor Fund (280) receives revenues from developer fees and loan payments at approximately $60,259 annually. This Fund also receives fluctuating Homebuyer Program second mortgage loan payments and equity share payments from unanticipated home sales. The equity share payments are significantly dependent on the market conditions and can be inconsistent from one year to the next. The Fiscal Year 2024-25 estimated revenue is $144,900; if the average remains consistent and multiplied over four years, this fund may see an estimate of $579,600 in additional revenue.

Discussion:

At this time, staff is requesting the City Council to consider options for providing down-payment assistance loans to four Low-Income homebuyers, in the event the City does not receive an LHTF grant award.

Option 1: Condition the approval of down-payment assistance loans upon receipt of LHTF grant funds. This will allow a maximum amount of $400,000 to be used for down-payment assistance. If not awarded, the four affordable units will be offered to Moderate-Income buyers.

Option 2: Down-payment assistance loans are provided regardless of LHTF grant award status. This option guarantees the four affordable units will be offered to Low-Income buyers. Should this option be considered, staff requests Council provide direction for funding source and cumulative amount (if different from proposed $400,000 cap).

Following City Council’s discussion of funding options, staff recommends approval of the Affordable Housing Agreement (“Agreement”) with Brea 32, LLC. The proposed Agreement has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines, and the environmental regulations of the City. The proposed Agreement is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3), because it is limited to executing the Agreement that would specify the required affordable housing obligations for the South Brea Townhomes project and as such, the proposed Agreement will not result in a direct or reasonably foreseeable indirect physical change in the environment and will not have a significant effect on the environment. In addition, the South Brea Townhomes project was previously determined to be categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332.

COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff's recommendation at the April 8, 2025 meeting and recommended to proceed to City Council for approval of the Affordable Housing Agreement and further discussion of the potential funding options.

FISCAL IMPACT/SUMMARY
There is no impact to the General Fund as a result of approving the proposed Affordable Housing Agreement.

Should the City Council approve the use of Housing Funds to offer down-payment assistance loans to four LowIncome homebuyers, in lieu of prospective grant funding, there will be an impact of $400,000 to the City’s Affordable Housing Trust Fund (270) and/or Housing Successor Fund (280).

RESPECTFULLY SUBMITTED
Kristin Griffith, City Manager
Prepared by: Marie Dao, Senior Management Analyst
Concurrence: Melissa Davis, Community Development Manager and Jason Killebrew, Assistant City Manager/Community Development Director
Attachments
ATTACHMENT A - Affordable Housing Agreement.pdf
ATTACHMENT B - July 23, 2024 Planning Commission Staff Report and Attachments.pdf ATTACHMENT C - August 20, 2024 City Council Staff Report.pdf

City of Brea
Planning Commission Communication
South Brea Townhomes- Tentative Tract Map No. 19315, Density Bonus No. 2023- 01, and Precise Development No. 2023- 03
A request to allow demolition of an existing commercial building and construction of a housing development consisting of 29 single-family attached units and three live/ work units, for a total of 32 units, located at 685 South Brea Boulevard.

Meeting
Tuesday, July 23, 2024, 6:00 PM
Agenda Group
PUBLIC HEARINGS Item: 6A
TO
Chair and Members of the Planning Commission
FROM
Joanne Hwang, City Planner

EXECUTIVE SUMMARY
The Applicant, Brea 1 Inc, LLC, is requesting approvals of Tentative Tract Map (TTM) No. 19315, Density Bonus ( DB) No. 2023-01, and Precise Development ( PD) No. 2023-03 for the South Brea Townhomes Project, which includes the demolition of an approximately 6,592-square- foot commercial building and construction of a new housing development that would include 29 single-family attached units and three live/ work units, for a total of 32 for-sale units, dispersed in four buildings. The proposed project includes four affordable units for moderate income households ( 10 percent of the total units). In addition, pursuant to the State Density Bonus Law, the proposed project proposes to utilize the Density Bonus parking standards and waivers to reduce standards associated with front, street side, and landscape setbacks, and common and private open space requirements. The proposed project is located at 685 South Brea Boulevard ( Project Site), in the Mixed- Use I (MU-I) Zone.

The above-mentioned entitlement herein is referred to as the “Project.”

RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:

1. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332; and,

2. Adopt resolutions ( Attachments A through C) approving the following entitlements, based on findings and conclusions in the corresponding resolutions, and subject to the recommended conditions of approval Attachment D):
a. TTM No. 19315, to subdivide the Project Site for condominium purposes to construct a total of 32 residential units, including three live/ work units;
b. DB No. 2023- 01, to utilize the following Density Bonus provisions: 1) Density Bonus parking standards; and 2) waivers of five development standards, which includes reductions of the front setback to between 6” and 1’-6”, the street side setbacks to between 3’-4” and 5’, the landscaping setbacks to between 1’-11” 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. c. PD No. 2023-03, to demolish the existing commercial building and construct a new housing development that would include 29 residential single- family attached units and three live/ work units, for a total of 32 units, dispersed in four buildings.

BACKGROUND
The Project Site is located on the north side of Fir Street between Brea Boulevard and Walnut Avenue, at 685 South Brea Boulevard. The existing property is approximately 1.11 acres in size, with three street frontages along Brea Boulevard, Fir Street, and Walnut Avenue. The Project Site has a General Plan Land Use designation of Mixed Use I and a Zoning designation of Mixed-Use I (MU-I). The surrounding land uses and zoning designation are shown in Table 1 and 2 below.

TABLE 1 – SURROUNDING LAND USES
North Multi-family and single-family dwellings, veterinary hospital, and commercial uses
East A shopping center, an office, and single-family dwellings Across Brea Boulevard)
South A restaurant, offices, motels, and single- family dwellings Across Fir Street)
West Saint Angela Merici Catholic Church and School ( Across Walnut Avenue)
TABLE 2 – SURROUNDING ZONING DESIGNATIONS
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)
The Project Site is currently developed with an approximately 6,592-square-foot vacant commercial building, which was previously occupied by McCulloch' s Wide Shoes for Men & Women retail business, and associated surface parking lot. Ingress and egress to the site is provided by two driveway approaches on Brea Boulevard, one approach on Fir Street, and one approach on Walnut Avenue. The aerial view of the Project Site is Figure 1 below.

FIGURE 1 – AERIAL VIEW OF THE PROJECT SITE
The Technical Background Summary and the Vicinity Map are provided as Attachment E and F, respectively.

Construction and Entitlement History
On August 27, 1960, building permit number 3595 was finaled for a 6,592-square-foot, single-story commercial building.

On August 16, 2022, the City Council adopted Resolution No. 2022- 061 for re-adoption of the City’s Sixth Cycle Housing Element. As part of the Housing Element, the Project Site was identified in the Housing Element Sites Inventory as Focused Development Site # 10 with capacity to provide 32 lower income units to accommodate the City’s Regional Housing Needs Allocation ( RHNA).

On November 15, 2022, the City Council adopted Ordinance No. 1234 approving Zone Change No. 2021-01 for implementation of the Sixth Cycle Housing Element, rezoning the Project Site (Focused Development Site 10) from MU-III to MU-I.

SB 330
On October 9, 2019, Governor Newsom signed Senate Bill (SB) 330 into law, known as “The Housing Crisis Act of 2019”, which is intended to further increase housing production in California by placing restrictions on the ability for jurisdictions to deny housing development projects that are otherwise consistent with the applicable Zoning Ordinance and General Plan land use designation. Generally, cities cannot deny or impose conditions that would have the effect of precluding an applicant’ s ability to achieve the proposed density, unless a finding is made that the housing development would have a specific, adverse impact upon public health or safety. Also, projects submitted under SB 330 are required to be subject to the ordinances, policies, and standards adopted and in effect when a SB 330 preliminary application is submitted to the City pursuant to subdivision ( a) of California Government Code ( Government Code) Section 65941. 1.

On July 28, 2023, the Applicant submitted a SB 330 preliminary application for the Project, utilizing the provisions of Government Section 65589. 5 and 65941. 1. Therefore, the City must adhere to the processing requirements, timelines, and public hearing limitations outlined in SB 330.

PROJECT DESCRIPTION
The Applicant proposes to redevelop the Project Site by demolishing the 6,592-square- foot vacant commercial building and the associated surface parking lot, and construct a new housing development that would include 29 residential single-family attached units and three live/ work units, for a total of 32 for-sale units, dispersed in four, three- story buildings, as summarized in the table below:

TABLE 3 – PROPOSED BUILDING SUMMARY
Building Type
Unit Breakdown Gross Square
Footage
including
Garages +
Private
Balconies)
2-bed
3-bed
Regular Live/ Work
Building 1 6-Plex 4 2 11,643 sq. ft.

Building 2 7-Plex 4 3 13,812 sq. ft.

Building 3 7-Plex 4 3 15,456 sq. ft.

Building 4 12-Plex 2 10 25,646 sq. ft.

Subtotal 10 19 3
66,557 sq. ft.

Total 32
The 32 units would consist of a total of 10 two-bedroom units and 22 three- bedroom units ( inclusive of three live/ work units). The buildings would feature varying heights, ranging from 37 feet to 40 feet. Each unit would have an attached two-vehicle garage, of which 21 of the 32 are designed with a tandem parking configuration. Ingress and egress to the Project Site would be provided via two new drive approaches, on Fir Street and Walnut Avenue.

The four existing drive approaches, two on Brea Boulevard, one on Fir Street, and one on Walnut Avenue, would be removed as part of the Project. The Project Site Plan, Figure 2 below, shows the overall site plan of the Project.

FIGURE 2 – PROPOSED SITE PLAN
Architecture
The Project would be designed in a Spanish- inspired architectural style and utilize an array of materials and details.

Wall materials primarily consist of stucco painted with warm white color and wood- simulated panels and trim, with complementary metal and tile accents ( Figure 3). The Project would feature two color schemes with natural palettes and tiling (Figure 4). Modulated concrete s-tile roof forms feature a combination of gables and sheds, and the windows are proposed to be recessed. Architectural details common to the Spanish- style are incorporated into the design, including exposed rafter tails, decorative corbels and pipe vents, and wrought iron details.

FIGURE 3 – BUILDING RENDERINGS
Building 3 – Brea Boulevard Frontage
Building 4 – Fir Street Frontage
FIGURE 4 – COLOR SCHEMES AND MATERIAL SPECIFICATIONS
Live/ Work Units
Three live/ work units are proposed in Building 3, fronting Brea Boulevard. The live/ work units would feature shopfront entry doors, three-pane shopfront windows with the option of etched business signage. The live/ work units would feature an approximate 115-square-foot workspace, restroom, and attached two-vehicle garage on the ground level. The live/ work units have direct interior access between the work and living areas and are intended to support low-impact businesses where customer/ client visitations are limited or sporadic. These spaces would be restricted from being rented to a separate tenant. The upper floors would consist of the living areas.

Landscaping and Open Space
The landscaping design for the Project is primarily focused near the property lines. To promote sustainability, a variety of drought-tolerant plant materials would be incorporated into the landscape design. 750 square feet of common open space is provided on the northwest corner of Brea Boulevard and Fir Street and would feature a seating area, a permanent outdoor sculpture ( Art in Public Places), and decorative paving. Protective barriers are also proposed to be constructed near the intersection for safety. In addition, a minimum of 50 square feet of private open space would be provided for each unit through second-level patios for each unit, gated front-entry patios for 13 units in Buildings 1, 3 and 4, and two covered entryways in Buildings 3 and 4.

FIGURE 5 – OPEN SPACE EXHIBITS
The conceptual landscape plan for the residential development is part of the Project Plans.

Affordable Housing
Brea City Code ( BCC) Chapter 20.40 (Affordable Housing) was amended on August 15, 2023, through the City Council adoption of Ordinance No. 1242. However, the Project, submitted as a SB 330 preliminary application, is only subject to the ordinances and standards adopted and in effect on July 28, 2023. The previous BCC Chapter

20.40 required residential development of 20 or more units to provide 10 percent of the total units to be affordable units. Based on the proposed 32 total units, the Project is required to provide a minimum of four units as affordable units. As such, the Project includes four on-site affordable units for moderate- income households, which are comprised of two two-bedroom units and two three-bedroom units.

Density Bonus Law Requests
Density Bonus Law is a State mandate that allows housing projects that meet the requirements of the State law to receive an increase in maximum density permitted and other benefits, such as waivers of development standards, as a matter of right. The intent of the Density Bonus Law is to facilitate the development of affordable housing and to implement the goals, objectives and policies of the cities’ Housing Elements. Consistent with State Law, the City’s previous Affordable Housing Ordinance, which the Project is subject to, provided for incentives for flexible development standards, when associated with the production of affordable housing units.

As the Project includes four affordable units for moderate income households ( 10 percent of the total units), it qualifies to utilize the State Density Bonus Law provisions. As proposed, the Project is eligible for 5% increase in maximum density and reduced parking standards, along with one incentive/ concession and unlimited waivers of development standards. Although the Applicant is not proposing to exceed the maximum allowable density for the Project Site, the Applicant is proposing to utilize: 1) Density Bonus parking standards; and 2) waivers associated with reduction of five development standards, as described below.

Parking provisions: The Project utilizes the Density Bonus parking standards, which allows tandem parking and reduced parking ratio. Table 4 below shows propose parking breakdown:

TABLE 4 – PROPOSED PARKING BREAKDOWN
covered
covered or uncovered
Zoning Code
Standard
Density Bonus
Standard Proposed
Required Parking Spaces
Regular
Guest
Total
2 per unit*

0.5 per unit**
80 1.5 per unit**
None
48 2 per unit*
None
64 Configuration Tandem not
permitted
Tandem
permitted
42 spaces are in
tandem
configuration
As shown on above table, the Project includes 64 garage parking spaces at a ratio of two parking spaces per unit, of which the garages for 21 units are designed with a tandem parking configuration. The provided parking for the Project exceeds the minimum parking allowed by the Density Bonus Law by 16 spaces.

Waivers: The Project proposes five waivers to reduce various development standards, as shown on the Table 5 below:

TABLE 5 – PROPOSED DENSITY BONUS WAIVERS
Development
Standard Zoning Code Minimum Proposed
Front Setback
Brea Boulevard)
10 feet First floor: 1’-6”
Upper floors: 0’-6”
Side Setbacks
Fir Street and
Walnut Avenue)
15 feet
Fir Street:

First floor: 10’-1”
Upper floor: 9’- 2”
Ground floor patio walls:
5’-2”
Walnut Avenue:

First floor: 5’
Upper floor: 3’-4”
Landscaping Street
Setbacks 8 feet
Brea Boulevard: 1’-11”
Fir Street: 5’-2”
Walnut Avenue: 5’-11”
Common Open
Space 100 square feet per unit 23 square feet per unit
Private Open
Space 75 square feet per unit 50 square feet per unit
Tentative Tract Map
The Project includes a tentative tract map for residential condominium purposes to subdivide to existing parcel into 32 condominium units. The tract map will also adjust the lot boundaries to accommodate for the required public right-of-way dedication. The existing site is 1.11 acres in size; however, the required dedication of 10 feet of existing sidewalk areas along Brea Boulevard and Fir Street as public right-of-way would result in a new lot size of

0.99 acres.

Public Art
Pursuant to the City’s Art in Public Places Ordinance, the Project would provide a new permanent outdoor sculpture. The tentative sculpture location has been identified to be located at the south of Building 3 along Fir Street, approximately 30 feet west of the sidewalk along Brea Boulevard. Installation of the sculpture would be required prior to Project completion. The art piece would be required to comply with provisions specified in the Art in Public Places Policy Manual. Preliminary discussions have occurred with City staff; however, the Art in Public Places Committee will review a formal proposal upon the Project approval.

The Project Narrative, Project Plans and Project Applications are Attachments G, H, I and J, respectively.

PROJECT DESCRIPTION

DISCUSSION
Tentative Tract Map No. 19315
TTM No. 19315 proposes to subdivide the existing parcel for condominium purposes. This would allow for individual ownership of the 32 residential condominiums. TTM No. 19315 would also adjust the lot line boundaries for public right-of-way dedications of existing sidewalk areas along the Project frontages along Brea Boulevard and Fir Street. Common areas would be established for vehicular and pedestrian circulation and for open space purposes, with a homeowner’ s association having responsibility for all common facilities. Covenants, Conditions, and Restrictions ( CC&Rs) would be conditioned for the Project, to ensure proper maintenance is provided for the common areas of the Project Site. Also included in the map are proposed easements for public utilities and ingress/ egress for emergency vehicles.

As proposed, the Project Site is physically suitable for the type of development proposed. The Project Site has and will continue to maintain proper infrastructure and related City services in place to support the proposed development. The proposed design and associated improvements satisfy the minimum lot size, width, lot depth and life safety needs required for properties in the MU-I zone. The design of the subdivision would not conflict with easements for access through or use of the property within the proposed subdivision to prevent any conflict.

Density Bonus No. 2023- 01
Pursuant to the State Density Bonus Law, the City is required to grant the waivers proposed for qualifying housing developments unless the City finds that the waivers or reduction of development standards would have a specific adverse impact upon health, or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or would be contrary to State or Federal law. In addition, the City cannot require minimum parking standards that exceed the Density Bonus parking standards, if the applicants of a qualifying housing development requests to utilize the parking standards provided in the Density Bonus Law.

The Project is proposing to develop a new housing development at the density identified in the City’s Sixth Cycle Housing Element Inventory. The proposed waivers to reduce the minimum front and side street setbacks along all street frontages are appropriate for the Project Site and the surrounding mixed- use, urban environment. Similar to the proposed Project’s reduced street setbacks, other existing mixed-use and commercial developments along Brea Boulevard feature little to no setback from the public right-of-way. In addition, it is important to note that while the Project is proposing waivers to reduce the minimum private and common open space requirements and landscaping street setbacks, the Applicant acknowledged the importance of providing open/ recreation space for the future residents and has agreed to pay a monetary contribution in sum of $42,000 into the City’s Park Development Fund ( Fund 250). This voluntary contribution is in addition to the required Park Development Impact Fee ($ 9,818 per unit). Such additional funds can be used to improved existing City parks, such as Arovista Park, which is in walking distance from the Project Site.

As such, the proposed waivers are not expected to cause any specific adverse impacts upon health or safety.

Precise Development 2023-03: South Brea Townhomes Development In MU-I Zoning district, PD review is required for residential construction of five or more units and non-residential construction that is over 10,000 square feet of gross floor area. The intent of PD review is to ensure that the Project complies with the applicable development standards and also allows for architectural review of the for-sale residential condominium buildings and an outdoor gathering space. As proposed, and conditioned, the Project represents quality design and complies with the development standards of MU-I Zone for stand- alone residential Projects, as shown on the Table 6 below:

Table 6 Compliance with Development Standards
Development
Standard
Zoning Code
min./ max) Proposed
Minimum Project
Size
2,500 square feet 43,343 square feet
Density 12.1 to 50 units
per acre

32.32 units per acre
Height 100 feet
Building 1: 37
feet
Building 2: 37
feet
Building 3:
39’-4”
Building 4: 40
feet
Front Setback
Brea Boulevard)
10 feet
First floor:
1’-6”
Upper floor:
0’-6”
Street Side
Setbacks 15 feet
Fir Street:

First floor:
10’-1”
Upper floor: 9’-
2”
Ground floor
patio walls:
5’-2”
Walnut Avenue:

First floor: 5’
Upper floor:
3’-4”
Interior Site
Setback 10 feet
First floor: 15
feet
Upper floor: 14
feet
Landscaping
Setbacks
Street: 8 feet
Interior: 5 feet
Brea Boulevard:
1’-11”
Fir Street: 5’-2”
Walnut Avenue:
5’-11”
Interior: 8’-11”
Common Open
Space
100 square feet
per unit
23 square feet per
unit
Private Open
Space
75 square feet
per unit
50 square feet per
unit
Parking 80 spaces * 64 garage spaces
Considered as compliant due to Density Bonus Provisions The proposed live/ work units with ground level workspaces as proposed would fulfill the commercial requirement of the MU-I zone. The Project Site is adequate in size and shape to accommodate the proposed development and all of the yards, setbacks, walls or fences, landscaping, and other features, except for parking standards and those waivers proposed through the State Density Bonus Law, required to bring about conformity with other elements in the neighborhood.

The Project was reviewed by various departments, including the Fire Department, Police Department, Public Works Department and the Building & Safety Division. The Project is required to meet all Building and Fire codes and standards, thereby assuring the public health, safety, and welfare. To further ensure the Project would be compatible with surrounding uses and not adversely affect the public, health or general welfare, staff has prepared draft Conditions of Approval ( Attachment D). Notably, a condition has been recommended by the Police Department for the Project to provide communication infrastructure and funding improvements at the two driveway locations that the Project will benefit from for the development of the Integrated Crime Center that will aid the Police Department in preventing, managing, and solving crime. In addition, the CC& Rs for the Project must include a requirement for the residents to use the garage spaces for vehicle parking only and provisions for maintenance of common areas.

No Net Loss
Pursuant to subdivision ( b)(2) of Government Code Section 65863, if the City allows development of any parcel with fewer units by income category than identified in the Housing Element Sites Inventory for that parcel, the City is required to make a written finding supported by substantial evidence as to whether or not remaining sites identified in the Housing Element are adequate to meet the requirements of Government Code and to accommodate the City’s RHNA at each income level. A quantification of the remaining unmet need for the City’s share of the regional housing need at each income level and the remaining capacity of sites identified in the Housing Element to accommodate that need by income level is shown on the Table 7 below:

Table 7 NO NET LOSS EVALUATION
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 shown on above table, the remaining sites identified in the Housing Element are adequate to meet the requirements of the No Net Loss law. The justification request from the Applicant is Attachment K and written finding and substantial evidence is provided in Draft Resolution for DB No. 2023-01 (Attachment B).

PUBLIC NOTICE AND COMMENTS
This Project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices sent to property owners within 500-feet of the Project Site, and publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment L.

As of the writing of this report, staff has received two letters of support for the Project from Jamboree Housing Corporation dated May 9, 2024 and Brea Chamber dated June 12, 2024. Both letters commend the Project for constructing new housing and providing homeownership opportunities for above moderate- income and moderateincome units. The public comment letters are provided as Attachment M.

In addition, on June 4, 2024, the Applicant conducted mailed outreach to property owners within a 500-foot radius of the Project Site, which provided the Project description, site plan, rendering, and availability to discuss the Project ahead of an anticipated hearing date. To date, one adjacent neighbor expressed interest in the Project and has been in contact with the Applicant.

ENVIRONMENTAL ASSESSMENT
The Project 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. The Class 32 exemption 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 value as a habitat for endangered, rare, or threatened species; ( d) approval of the Project would 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, Noise Impact Study, Air Quality, Greenhouse Gas, and Energy Impact Study, and Preliminary Water Quality Management Plan, demonstrated that the Project would 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. The technical studies are Attachments N, O, P and Q, and the draft Notice of Exemption is Attachment R.

CONCLUSION
For the reasons discussed above and the information attached to this report, the Project would conform with all the requirements of the General Plan and the provisions of the BCC. The proposed recommendation would not have an adverse effect on the public, health, safety, or general welfare. Therefore, staff recommends approval of the Project.

RESPECTFULLY SUBMITTED:

Joanne Hwang, AICP, City Planner
Prepared by: Jessica Newton, Senior Planner
Attachments
Attachment A- Draft Resolution TTM No. 19315. pdf
Attachment B- Draft Resolution DB No. 2023-01.pdf
Attachment C- Draft Resolution P-D No. 2023-03.pdf
Attachment D- Conditions of Approval. pdf
Attachment E- Technical Background. pdf
Attachment F- Vicinity Map. pdf
Attachment G- Project Narrative. pdf
Attachment H- Project Plans. pdf
Att h t I P j t A li ti df
Attachment I- Project Application. pdf
Attachment J- Density Bonus Application. pdf
Attachment K- No Net Loss Letter. pdf
Attachment L- Public Hearing Notice. pdf
Attachment M- Public Comments. pdf
Attachment N- Scoping Agreement for Traffic Impact Analysis. pdf Attachment O- Noise Impact Study.pdf
Attachment P- Air Quality, Greenhouse Gas, and Energy Impact Study.pdf Attachment Q- WQMP.pdf
Attachment R- Draft Notice of Exemption. pdf

ATTACHMENT A
DRAFT) RESOLUTION NO. PC 2024-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BREA APPROVING TENTATIVE TRACT MAP NO. 19315 FOR
RESIDENTIAL CONDOMINIUM PURPOSES ON A 0.99-ACRE SITE
FOR THE SOUTH BREA TOWNHOMES PROJECT 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) TTM No. 19315 would subdivide the Project Site for condominium purposes to construct a total of 32 residential units, including three live/work units. 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.

Resolution No. 2024-XX

Page 2 ends

Brea City CouncilApril 15, 2025

Brea City Council
April 15, 2025