Agenda packet — Brea City Council, August 19, 2025 (part 3 of 11)

The zoning designation of the adjacent properties is disclosed below:

Adjacent Zoning Designation
North M-1 (Light Industrial)
East MU-II (Mixed Use II)
South M-1 (Light Industrial)
West M-1 (Light Industrial)
A proposed delivery station land use would be consistent with the warehouse and storage building land use. Within the M-1 zone, a warehouse and storage building would be a permitted use. Any proposed development within the M-1 zone would be subject to a Plan Review pursuant to BCC Section 20.252.050. Note, since the subject property is not located within 300- feet of a “R’ (Residentially) zone property, then a Conditional Use Permit is not required.

Any development of the property or change of land use could be subject to the California Environmental Quality Act (CEQA). The purpose of CEQA is to inform government decision makers and the public about any potential significant environmental effects of the proposed project. At this time, it is unclear if the project will result in a Categorical Exemption, Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report.

Entitlement History
The subject property has been granted the following Planning entitlements:
· On June 11,1985, the Planning Commission denied, without prejudice, CUP No. 85-8 to establish and operate a private helipad at an existing bank operation center per Resolution No. P.C. 85-29 (Attachment C).

Other Departments/Divisions
Information regarding building permits, code violations, and certificates of occupancy can be obtained from the Building and Safety Division. For information concerning any Fire Code violations on the property, you may contact the Brea Fire Department. The phone numbers for these departments/divisions are provided below:
· Building and Safety Division: 714-990-7769
· Fire Department: 714-990-7652
Fees
A deposit of $261.00, which equates to three (3) hours of staff time, was paid upon request of this letter. In total, 3 hours were required for the preparation of this letter. As a result, there is a remaining balance and a refund may be issued to the Applicant upon request.

If you have any further questions, please contact the Brea Planning Division at 714-990-7674.

Sincerely,
Jose Barriga
Associate Planner
ZVL-2021-00008
275 Valencia Avenue
September 14, 2021

Page 3 of 3 ends

Attachments:

A. M-1 Uses Permitted
B. M-1 Zone Property Development Standards
C. Resolution No. P.C. 85-29
§ 20.252.020 USES PERMITTED.

No buildings or structures or land shall be used and no building or structures shall be hereafter erected, structurally altered or enlarged, except for the following purposes:

A. Principal permitted uses.

1. Uses permitted in the M-P Zone, § 20.248.020 of this title.

2. Agricultural.

3. Manufacturing. Subject to the conditions of this zone, manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, research or treatment of products; may be conducted, other than those which may be obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, vibration or other similar causes detrimental to the public health, safety or general welfare, including but not limited to the following:

Aircraft and aircraft accessories
Aluminum products
Auto trailer, camper, and mobile home manufacturing
Bakery wholesale
Boat building
Bottling plant
Building material and hardware sales
Cabinet shop
Carpet cleaning plants
Catering services
Cleaning and dyeing plants, general
Cutlery, hardware, hand tool, and utensil manufacturing Dairy products processing
Electric distribution substations, electric transmission substations, gas metering and regulating stations, public utility buildings and service and storage yards including microwave facilities incorporated as part of a public utility installation Electric or neon sign manufacturing
Food products processing, manufacturing, canning, preserving, and freezing (excluding fish and meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and oils) Furniture manufacturing, upholstering and refinishing
Garage, parking or parking structure
Garment manufacturing
Hospital or medical clinic, industrial
Ice and cold storage plant
Laundries
Lumber yards (planing mills excluded)
Machine shop
Metal plating
Metal working, light fabricating or welding firm
Motion picture studio, laboratories and film processing Paint mixing, provided a boiling process is not employed (no above ground tank farm or surface storage is permitted except above surface thinner storage is limited to two hundred (200) gallons and is permitted) Paper, fabrication form
Petroleum bulk plants
Plastic, fabricating from
Printing establishments

ATTACHMENT A
Product service centers
Radio broadcasting studio or station
Rubber products if:

1. The rubber is not melted

2. An internal type mixer is used, and residue therefrom is collected in accordance with rules and regulations specified by the Orange County Air Pollution Control District Sheet metal shop
Telephone exchange, office and equipment building
Television broadcasting studio or station
Textile manufacture
Training center, industrial
Warehouses and storage buildings
Woodworking shop

4. Other uses. The following accessory uses are permitted only where they are integrated with and clearly incidental to a primary permitted industrial use:

Dwelling, single, where used exclusively by a caretaker or superintendent of a permitted industrial use and his or her family
Employees’ cafeterias or coffee shops
Exhibition of products produced on the premises or available for wholesale distribution Offices

5. Emergency shelter, subject to the following standards. a. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a principal permitted use, consistent with Cal. Gov’t Code § 65583(4) (A). Any other emergency shelter shall meet the minimum standards contained in subparagraph 20.252.020.A.5. and shall be subject to the approval of a conditional use permit consistent with § 20.408.030. Churches or religious institutions within the M-1 zone may establish emergency shelters for up to thirty (30) occupants without further CUP consideration, regardless of current combined capacity of any existing emergency shelters currently in operation, subject to the minimum development standards contained in § 20.252.020.A.5.
b. Stays at the facility shall be on a first-come first-served basis with clients only on-site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during pacific daylight time and 5:00 p.m. and 8:00 a.m. during pacific standard time.

Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. c. Maximum stay at the facility shall not exceed one hundred twenty (120) days in a three hundred sixty-five(365) day period.
d. Facility location shall be within a half (1/2) mile radius from an OCTA bus stop, as measured from the property line. e. A minimum distance of five hundred (500) feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line. f. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. g. Bike rack parking shall also be provided by the facility. h. Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of subparagraph 20.08.40.C.5.b.
i. A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility.

ATTACHMENT A
(2) A minimum of one (1) shower for every eight (8) beds per gender; and (3) Private shower and toilet facility for each area designated for use by individual families. l. An operational plan shall be provided for the review and approval of the Development Services Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
(1) Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; (2) Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; (3) Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; (4) Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;
(5) Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; (6) Screening of clients for admittance eligibility - with objectives to provide first service to Brea residents; (7) Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and
(8) Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.
m. The facility may provide the following services in a designated area separate from sleeping areas:
(1) A recreation area either inside or outside the shelter; (2) A counseling center for job placement, educational, health care, legal, or mental health services; (3) Laundry facilities to serve the number of clients at the shelter; (4) Kitchen for the preparation of meals;
(5) Dining hall;
(6) Client storage area (i.e. for the overnight storage of bicycles and personal items); or (7) Similar services geared to homeless clients.

B. Uses permitted subject to conditional use permit. The following uses are permitted subject to approval of a conditional use permit application in accordance with the provisions of § 20.408.030 of this title.

1. Any principal use permitted in the M-2 Zone as specified in subparagraph 20.256.020.A. of this title and subject to all provisions therein.

2. Any conditional use permitted in subparagraph 20.248.020.B.2. of this title, and subject to all the provisions therein.

3. Gasoline service stations, subject to the provisions of subparagraph 20.228.020.B.3. of this title (C-N Zone).

4. Vehicle sales, new and used - (outside use permitted).

5. Administrative and professional offices (any office in which chattels or goods, ware or merchandise are not sold or manufactured).

6. Health clubs, studios or spas.

7. Astrology, fortune-telling, etc.

8. Off-site hazardous waste facility subject to Health and Reactivity rating of three (3) or below in accordance with the NFPA 704 System, National Fire Protection Association or equivalent.

9. Churches, religious institutions and similar places of assembly. The city has identified the following development guidelines as important for consideration within the review of any Conditional Use Permit for a church or religious institution within the industrial zones:
a. Churches, religious institutions or similar places of assembly should not locate within one thousand (1,000) feet, as measured from closest property line, of a previously entitled church or religious institution within the CM, MP, M1 or M2 zoning districts.

10. Emergency shelter - any emergency shelter defined as requiring a conditional use permit within subparagraph

ATTACHMENT A

20.252.020.A.5.a.
(Ord. 425, passed 10-14-68; Am. Ord. 464, passed 4-27-70; Am. Ord. 689, passed 1-15-80; Am. Ord. 708, passed 1-20-81; Am. Ord. 878, passed 12-5-89; Am. Ord. 924, passed 8-4-92; Am. Ord. 1092, passed 5-16-06; Am. Ord. 1119, passed 2-3- 09; Am. Ord. 1128, passed 10-20-09; Am. Ord. 1154, passed 6-21-11)

ATTACHMENT A
§ 20.252.040 PROPERTY DEVELOPMENT STANDARDS.

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

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

B. Lot dimensions.

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

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

C. Building height.

1. Buildings and structures erected in the M-1 Zone shall have a height no greater than sixty (60) feet. Heights above the maximum may be permitted by conditional use permit, subject to the provisions of § 20.408.030 of this title.

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

D. Yards.

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

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

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

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

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

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

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

1. Required walls.
a. Walls along common property lines shall be erected as required in paragraph D. above, however, said walls shall be reduced to a height of thirty (30) inches in the area defined as the front yard in the abutting residential zone. b. Required walls shall be constructed of masonry material not less than six (6) inches in thickness.

2. Permitted fences and walls. Fences and walls not to exceed seven (7) feet in height shall be permitted within any side or rear yard area or along any common property line provided, however, that the wall or fence does not exceed a height of thirty (30) inches within the front yard or side yard on the street side of a corner lot.

3. Height of walls and fences. The height of walls and fences shall be measured from highest ground level immediately adjacent to the base of the wall.

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

ATTACHMENT B
(2) Lineal or group masses of major scale trees; or
(3) Lineal or grouped masses of smaller scale trees.
b. Dual texturing of building facades or a five (5) foot strip of building parameter landscaping shall be required, with the exception of rear or side walls abutting other existing buildings. c. Parking lot trees. Trees equal in number to one (1) per each five (5) parking stalls either grouped or clustered shall be installed in all parking areas. Said trees shall be placed on the lot so as not to interfere with interior industrial parking lot circulation. Trees shall be placed so as to give relief to the monotony of rows of parked vehicles. d. A detailed landscaped plan (including irrigation, plant and material specifications) shall be submitted to the Development Services Department for its approval prior to the issuance of building permits.

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

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

F. Distance between buildings. No requirements.

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

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

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

J. Signs.

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

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

3. Lighting.

ATTACHMENT B
a. Parking lot lighting fixtures are to have an overall maximum height that is consistent with the height of the buildings themselves. Walkway lighting fixtures are to have an overall maximum height of fourteen (14) feet. b. Cut-off exterior light fixtures and their location shall be submitted on a plan for review. c. Security lighting fixtures are not to project above the fascia or parapet of the building and are to be shielded or recessed in the building walls to provide cut-off at the property line.

K. Outdoor storage, uses, and waste disposal.

1. Outdoor storage and activities associated with permitted uses shall be entirely enclosed by building walls or by a solid masonry wall not less than seven (7) feet in height located at the front setback line. On all other property lines said uses shall be enclosed by buildings, solid masonry walls, vine covered chain-link fences, or uniformly compact evergreen hedges, continuously maintained and not less than seven (7) feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than six (6) feet. Screen landscaping, fences and walls to enclose storage areas between adjoining industrial side and/or rear property lines may be deleted by mutual agreement of the property owners involved.

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

3. a. No materials or wastes shall be deposited upon a subject lot in such form or manner that they may be transferred off the lot by natural causes or forces. All waste materials shall be stored in an enclosed area and shall be accessible to service vehicles.
b. Wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored only in closed containers in required enclosures.

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

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

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

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

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

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

M. Mechanical equipment and duct work.

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

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

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

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

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

N. The provisions of this section shall apply to all proposed development within the M-1 (Light Industrial) Zone except:

Where a parcel or lot in the M-1 (Light Industrial) Zone is proposed for the development of off-site hazardous waste facilities, a distance of one thousand (1,000) feet from any sensitive population property lines is required, in addition to the required development standards in the M-1 (Light Industrial) Zone. (Ord. 425, passed 10-14-68; Am. Ord. 708, passed 1-20-81; Am. Ord. 873, passed 9-5-89; Am. Ord. 924, passed 8-4-92)

ATTACHMENT B

ATTACHMENT C

EXHIBIT B
Property Zoning Verification Letter dated September 23, 2022 September 23, 2022
Sent via email to [email protected]
Jason Friedman
1603 Glenoaks Blvd
San Fernando, CA 91340
SUBJECT: Zoning Verification Letter: 275 Valencia Avenue Assessor Parcel Numbers: 320-233-17, 320-301-11, and 320-301-12 ZVL-2022-00014
Dear Mr. Friedman,
The information provided below is in response to your Zoning Verification Letter request for the property located at 275 Valencia Avenue. Your request included information related to the upcoming General Plan and Zone Change Amendments to an approximately 7-acre portion of 275 Valencia Avenue (Subject Site), from Light Industrial and Light Industrial (M-1) to MixedUse II and Mixed-Use II (MU-II) as part of the City’s 6th Cycle Housing Element (Housing Element) implementation.

As part of the Housing Element implementation, the City has initiated efforts to amend the General Plan Land Use and zoning designations of six housing sites identified in the Housing element. The Housing Element identifies additional housing sites called “Additional Potential Sites,” which are determined to have strong potential for residential development. One of these sites includes the Subject Site, which will require amendments to the General Plan and Zoning designations to support the anticipated density.

On September 27, 2022, a public hearing will be held by the Planning Commission to consider General Plan Amendment No. 2021-02 and Zone Change No. 2021-01 to amend the General Plan Land Use and Zoning designations of the three Housing Opportunity Sites and three Additional Potential Sites, including the Subject Site.

General Plan
Existing
The subject property has a General Plan Land Use designation of Light Industrial, which is intended to accommodate 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. The Light Industrial land use designation allows a maximum Floor Area Ratio (FAR) of 0.75.

ZVL-2022-00014
275 Valencia Avenue
September 23, 2022

Page 2 of 3 ends

Proposed
A General Plan Land Use designation of Mixed-Use II is intended to provide opportunities for the coordinated development of urban villages that offer a diverse range of complementary land uses in close proximity to one another. Either vertical or horizontal integration of uses is permitted, with an emphasis on tying together the uses with pedestrian linkages. Residential densities at the higher end of the scale will be permitted for developments that clearly integrate uses. The Mixed-Use land use designation allows a maximum FAR of 2.

Zoning Information
Existing
The zoning designation of the subject property is Light Industrial (M-1). The purpose of the M-1 Zone is to provide appropriately located areas for the establishment of industrial plants and related activities and to promote the concentration of such uses in a manner which will foster mutually beneficial relationships with each other, as well as with those areas of the city zoned for other development. The regulation of uses and standards of development set forth in the M1 Zone are those deemed necessary to provide the proper environment for the efficient and desirable use of this type of industrial land, and to provide the proper safeguards to protect nearby residential, commercial, and public uses.

Allowable uses in the M-1 Zone are outlined in Brea City Code (BCC) Section 20.252.020, and property development standards for the M-1 Zone are outlined in the BCC Section 20.252.040.

The zoning designation of the adjacent properties are disclosed below:

Adjacent Zoning Designation
North M-1 (Light Industrial)
East MU-II (Mixed Use II)
South M-1 (Light Industrial)
West M-1 (Light Industrial)
Proposed
A zoning designation of Mixed-Use II (MU-II) applies to larger properties that would benefit from a coordinated, integrated approach to development. Development densities and intensities at the upper end of the stated range will only be allowed for those projects that include public and/or private educational facilities, as well as functional and attractive public open space amenities. Land uses specifically prohibited within the Mixed-Use II designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use II designation.

A list of allowed uses in the MU-II Zone are outlined in the BCC Table 2-2, and property development standards for the MU-II Zone are outlined in the BCC Sections 20.258.020 and

20.258.030.

ZVL-2022-00014
275 Valencia Avenue
September 23, 2022

Page 3 of 3 ends

Requested Information
On June 3, 2022, the City received a Plan Review application for a new development at 275 Valencia Avenue (Plan Review No. 2022-09; Accela Record Number PLN-2022-00042). This application proposes to continue to utilize the Subject Site as surface parking and vehicular circulation for the new development. The proposed Surface parking and related vehicle circulation is considered as “motor vehicle parking lot/structure facilities” land use in the BCC, and the BCC identifies such land use as a permitted use in MU-II Zone.

Other Departments/Divisions
Information regarding building permits, code violations, and certificates of occupancy can be obtained from the Building and Safety Division. For information concerning any Fire Code violations on the property, you may contact the Brea Fire Department. The phone numbers for these departments/divisions are provided below:
• Building and Safety Division: 714-990-7769
• Fire Department: 714-990-7652
Fees
Any time associated with processing this Zoning Verification Request will be charged against the existing Trust Account No. T220646 associated with PLN-2022-00042.

If you have any further questions, please feel free to contact me by email or phone, at [email protected] or 714-671-4439.

Sincerely,
Jessica Newton
Senior Planner

EXHIBIT C
Property Zoning Verification Letter dated January 10, 2023 January 10, 2023
Sent via email to [email protected]
Jason Friedman
Amazon.com Services LLC
1603 Glenoaks Boulevard
San Fernando, CA 91340
SUBJECT: Revised Zoning Verification Letter #2: 275 Valencia Avenue Assessor Parcel Numbers: 320-233-17, 320-301-11, and 320-301-12 ZVL-2022-00017

Dear Mr. Friedman,
The information provided below is in response to your Zoning Verification Letter request for the property located at 275 Valencia Avenue. Your request (“Attachment A” of the Zoning Verification Letter request) included clarification of information pertaining to permitted uses, development standards, and use classification related to dual property general plan and zoning designations.

On December 6, 2022, Brea City Council adopted Ordinance No. 1234 to amend the General Plan Land Use and Zoning designations of the three Housing Opportunity Sites and three Additional Potential Sites, including the 275 Valencia Avenue (Subject Site). The General Plan and Zone Change amended the General Plan Land Use and the zoning designations for the approximately 7-acre area located at the southern portion of the Subject Site, from Light Industrial and Light Industrial (M-1) to Mixed Use II and Mixed-Use II (MU-II) as part of the City’s 6th Cycle Housing Element (Housing Element) implementation.

General Plan
The subject property has two General Plan Land Use designations as follows:
• The northern 24.52-acre portion of the Subject Site is designated as Light Industrial, which is intended to accommodate 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. The Light Industrial land use designation allows a maximum Floor Area Ratio (FAR) of 0.75. • The southern 7-acre portion of the Subject Site is designated as Mixed Use II, which is is intended to provide opportunities for the coordinated development of urban villages that offer a diverse range of complementary land uses in close proximity to one another. Either vertical or horizontal integration of uses is permitted, with an emphasis on tying together the uses with pedestrian linkages. Residential densities at the higher end of the scale will be permitted for developments that clearly integrate uses. The Mixed Use land use designation allows a maximum FAR of 2.00.

ZVL-2022-00017
275 Valencia Avenue
January 10, 2023

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Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net Zoning Information
• The zoning designation of the northern 24.52-acre portion of the Subject Site is Light Industrial (M-1). The purpose of the M-1 Zone is to provide appropriately located areas for the establishment of industrial plants and related activities and to promote the concentration of such uses in a manner which will foster mutually beneficial relationships with each other, as well as with those areas of the city zoned for other development. The regulation of uses and standards of development set forth in the M-1 Zone are those deemed necessary to provide the proper environment for the efficient and desirable use of this type of industrial land, and to provide the proper safeguards to protect nearby residential, commercial, and public uses.

Allowable uses in the M-1 Zone are outlined in Brea City Code (BCC) Section 20.252.020, and property development standards for the M-1 Zone are outlined in the BCC Section

20.252.040.
• A zoning designation of the southern 7-acre portion of the Subject Site is Mixed-Use II (MU-II). The MU-II Zone applies to larger properties that would benefit from a coordinated, integrated approach to development. Development densities and intensities at the upper end of the stated range will only be allowed for those projects that include public and/or private educational facilities, as well as functional and attractive public open space amenities. Land uses specifically prohibited within the Mixed-Use II designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use II designation.

A list of allowed uses in the MU-II Zone are outlined in the BCC Table 2-2, and property development standards for the MU-II Zone are outlined in the BCC Sections 20.258.020 and 20.258.030.

The zoning designations of the adjacent properties are disclosed below:

Adjacent Zoning Designation
North M-1 (Light Industrial)
East MU-II (Mixed Use II)
South M-1 (Light Industrial)
West M-1 (Light Industrial)
Response to Application Questions:

City responses are based on information provided in conjunction with the first review of Plan Review application for a new development at 275 Valencia Avenue (Plan Review No. 2022-09; Accela Record Number PLN-2022-00042) and the conceptual truck turning diagram of the site attached to the Zoning Verification Letter request.

Item #1
Question: That a Project requesting a Vesting Parcel Map with one lot and a split land use designation, including the Mixed Use General Plan land use designation for the Subject Site, would continue to permit the Project’s proposed parcel delivery facility; and ZVL-2022-00017
275 Valencia Avenue
January 10, 2023

Page 3 of 4 ends

Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net Response: A parcel delivery facility is permissible on a property with a Light Industrial General Plan land use designation. In the subject case of dual land use designations within one lot (as proposed as part of the Project, through a Vesting Parcel Map), the parcel delivery facility building should be located on the northern portion of the proposed parcel, as seen in the map exhibit of Attachment A of the Zoning Verification Letter request. The approximately 7-acre southern portion of the Subject Site has a Mixed Use II General Plan land use designation. Land uses specifically prohibited within the Mixed Use II designation include regional- serving retail uses, the manufacturing and processing of goods and materials, and any warehousing. Thus, the Project’s proposed surface parking (as seen in Attachment A) in the Mixed Use II General Plan land use designation area is permitted to serve the proposed parcel delivery facility as a part of a unified development.

Item #2
Question: That a Project requesting a Vesting Parcel Map with one lot and a split zoning designation, including the MU-II zoning designation for the Subject Site, would continue to permit the Project’s proposed parcel delivery facility; and
Response: A parcel delivery facility is permissible on a property with a Light Industrial (M-1) zoning designation. In the subject case of dual land use designations within one lot (as proposed as part of the Project, through a Vesting Parcel Map), the parcel delivery facility building should be located on the northern portion of the proposed parcel, as seen in the map exhibit of Attachment A of the Zoning Verification Letter request. The approximately 7-acre southern portion of the Subject Site has a Mixed-Use II (MU-II) zoning designation. Land uses specifically prohibited within the Mixed-Use II designation include the manufacturing and processing of goods and materials, and any warehousing. Thus, the Project’s proposed surface parking (as seen in Attachment A) in the MU-II zone is permitted to serve the proposed parcel delivery facility as a part of a unified development.

Item #3
Question: That a Project requesting a Vesting Parcel Map with one lot and split zoning and land use designations would not be subject to any landscape, setback, or other similar development standards, as described in the Brea Municipal Code, along the interior boundary between the two zoning and land use designations; and
Response: Brea City Code development standards related to minimum landscaping and setbacks are applied to the setback line. Brea City Code Section 20.00.070B. defines “setback line” as a line within a parcel, parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures, parking or uses on a parcel. The boundary line that delineates between the dual General Plan and Zoning designations is not considered as a lot line nor a setback line.

Item #4
Question: That a Project including both the MU-II and M-1 zoning designations would define all surface parking, including the parking within the Subject Site, as a part of the unified Project and not as an accessory use as defined in the Brea Municipal Code.

Response: All land uses shall provide off-street parking in conformity with Brea City Code parking space requirements. As proposed, the Project’s primary use would be the parcel delivery service.

If approved, all required or associated parking on the Project Site would be considered part of the ZVL-2022-00017
275 Valencia Avenue
January 10, 2023

Page 4 of 4 ends

Civic & Cultural Center • 1 Civic Center Circle • Brea, California 92821-5732 • 714/990-7600 • FAX 714/990-2258 • www.cityofbrea.net unified Project. Thus, as stated above, the Project’s proposed surface parking (as seen in Attachment A) in the MU-II zone is permitted to serve the proposed parcel delivery facility as part of a unified development.

Other Departments/Divisions
Information regarding building permits, code violations, and certificates of occupancy can be obtained from the Building and Safety Division. For information concerning any Fire Code violations on the property, you may contact the Brea Fire Department. The phone numbers for these departments/divisions are provided below:
• Building and Safety Division: (714) 990-7769
• Fire Department: (714) 990-7652
Fees
Any time associated with processing this Zoning Verification Request will be charged against the existing Trust Account No. T220646.

If you have any further questions, please feel free to contact me by email or phone, at [email protected] or (714) 671-4439.

Sincerely,
Jessica Newton
Senior Planner
Attachments:

A. BCC Chapter 20.252: M-1 Light Industrial Zone
B. BCC Chapter 20.258: Mixed-Use Zoning Districts
CHAPTER 20.252: M-1 LIGHT INDUSTRIAL ZONE
Section

20.252.010 Intent and purpose

20.252.020 Uses permitted

20.252.030 Uses expressly prohibited

20.252.040 Property development standards

20.252.050 Plan review

20.252.060 Performance standards
§ 20.252.010 INTENT AND PURPOSE.

The purpose of the M-1 Zone is to provide appropriately located areas for the establishment of industrial plants and related activities and to promote the concentration of such uses in a manner which will foster mutually beneficial relationships with each other, as well as with those areas of the city zoned for other development. The regulation of uses and standards of development set forth in the M-1 Zone are those deemed necessary to provide the proper environment for the efficient and desirable use of this type of industrial land, and to provide the proper safeguards to protect nearby residential, commercial, and public uses.
(Ord. 425, passed 10-14-68)
§ 20.252.020 USES PERMITTED.

No buildings or structures or land shall be used and no building or structures shall be hereafter erected, structurally altered or enlarged, except for the following purposes:

A. Principal permitted uses.

1. Uses permitted in the M-P Zone, § 20.248.020 of this title.

2. Agricultural.

1. The rubber is not melted

4. Other uses. The following accessory uses are permitted only where they are integrated with and clearly incidental to a primary permitted industrial use:

The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
j. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six (6) foot tall visually screening mature landscaping or a minimum six (6) foot tall decorative masonry wall. k. Facility improvements shall comply with Title 15, Division I and Title 16 of the Brea Municipal Code, specific to the establishment of dormitories and shall additionally provide:
(1) A minimum of one (1) toilet for every eight (8) beds per gender; (2) A minimum of one (1) shower for every eight (8) beds per gender; and (3) Private shower and toilet facility for each area designated for use by individual families. l. An operational plan shall be provided for the review and approval of the Development Services Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
(1) Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility; (2) Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site; (3) Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses; (4) Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;
(5) Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public; (6) Screening of clients for admittance eligibility - with objectives to provide first service to Brea residents; (7) Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and
(8) Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.
m. The facility may provide the following services in a designated area separate from sleeping areas:
(1) A recreation area either inside or outside the shelter; (2) A counseling center for job placement, educational, health care, legal, or mental health services; (3) Laundry facilities to serve the number of clients at the shelter; (4) Kitchen for the preparation of meals;
(5) Dining hall;
(6) Client storage area (i.e. for the overnight storage of bicycles and personal items); or (7) Similar services geared to homeless clients.

1. Any principal use permitted in the M-2 Zone as specified in subparagraph 20.256.020.A. of this title and subject to all provisions therein.

2. Any conditional use permitted in subparagraph 20.248.020.B.2. of this title, and subject to all the provisions therein.

3. Gasoline service stations, subject to the provisions of subparagraph 20.228.020.B.3. of this title (C-N Zone).

4. Vehicle sales, new and used - (outside use permitted).

5. Administrative and professional offices (any office in which chattels or goods, ware or merchandise are not sold or manufactured).

6. Health clubs, studios or spas.

7. Astrology, fortune-telling, etc.

8. Off-site hazardous waste facility subject to Health and Reactivity rating of three (3) or below in accordance with the NFPA 704 System, National Fire Protection Association or equivalent.

10. Emergency shelter - any emergency shelter defined as requiring a conditional use permit within subparagraph

The following uses are expressly prohibited in the M-1 Zone:

Residential uses, except caretakers quarters.
(Ord. 425, passed 10-14-68)
§ 20.252.040 PROPERTY DEVELOPMENT STANDARDS.

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

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

B. Lot dimensions.

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

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

C. Building height.

D. Yards.

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

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

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

3. Height of walls and fences. The height of walls and fences shall be measured from highest ground level immediately adjacent to the base of the wall.

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

5. Landscaping required.
a. Areas utilized for parking or loading, will be screened, modulated, or interrupted from view of access on adjacent streets, freeways, and adjacent residential property. This can be accomplished by one of three (3) techniques:
(1) Lineal masses of shrubs;
(2) Lineal or group masses of major scale trees; or
(3) Lineal or grouped masses of smaller scale trees.
b. Dual texturing of building facades or a five (5) foot strip of building parameter landscaping shall be required, with the exception of rear or side walls abutting other existing buildings. c. Parking lot trees. Trees equal in number to one (1) per each five (5) parking stalls either grouped or clustered shall be installed in all parking areas. Said trees shall be placed on the lot so as not to interfere with interior industrial parking lot circulation. Trees shall be placed so as to give relief to the monotony of rows of parked vehicles. d. A detailed landscaped plan (including irrigation, plant and material specifications) shall be submitted to the Development Services Department for its approval prior to the issuance of building permits.

F. Distance between buildings. No requirements.

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

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

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

J. Signs.

3. Lighting.
a. Parking lot lighting fixtures are to have an overall maximum height that is consistent with the height of the buildings themselves. Walkway lighting fixtures are to have an overall maximum height of fourteen (14) feet. b. Cut-off exterior light fixtures and their location shall be submitted on a plan for review. c. Security lighting fixtures are not to project above the fascia or parapet of the building and are to be shielded or recessed in the building walls to provide cut-off at the property line.

K. Outdoor storage, uses, and waste disposal.

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

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

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

M. Mechanical equipment and duct work.

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

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

N. The provisions of this section shall apply to all proposed development within the M-1 (Light Industrial) Zone except:

The provisions of § 20.408.040 of this title (Plan Review) shall apply to all proposed development within the M-1 (Light Industrial) Zone. Additionally, all property zoned M-1 and located within three hundred (300) feet of an “R” (Residentially) zoned property shall not be developed except upon the previous approval of a conditional use permit pursuant to §

20.408.030 of this title.
(Ord. 425, passed 10-14-68; Am. Ord. 587, passed 4-20-76; Am. Ord. 963, passed 1-17-95) § 20.252.060 PERFORMANCE STANDARDS.

All uses in the M-1 (Light Industrial) Zone shall comply with the provisions of Chapter 20.20 of this title (Performance Standards).
(Ord. 425, passed 10-14-68; Am. Ord. 772, passed 4-16-85) CHAPTER 20.258: MIXED-USE ZONING DISTRICTS
Section

20.258.010 Mixed-use zoning districts

20.258.020 General development standards for the mixed-use zoning districts

20.258.030 Specific development standards for all mixed-use projects § 20.258.010 MIXED-USE ZONING DISTRICTS.

A. Purpose and intent of Mixed-Use zoning districts.

1. Mixed-Use I.
a. This zoning district provides areas for intense, mixed-use urban environments that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. This designation encourages vertical and horizontal integration of compatible residential and nonresidential uses, whereby the uses share the same structure or parcel. The Mixed-Use I designation applies to Downtown Brea, including the Birch Street Corridor, as well as other sites located throughout the community with ready access to major roadways and public transit. Land uses specifically prohibited within the Mixed-Use I designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use I designation. b. The residential density range is 12.1 to 50 dwelling units per acre. The maximum allowed floor area ratio (FAR) is

3.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.

2. Mixed-Use II.
a. This zoning district provides opportunities for the coordinated development of urban villages that offer a diverse range of complementary land uses in close proximity to one another. Either vertical or horizontal integration of uses is allowed, with an emphasis on tying together the uses with appropriate pedestrian linkages. Residential densities at the higher end of the scale will be allowed for developments that clearly integrate uses. b. The Mixed-Use II designation applies to larger properties that would benefit from a coordinated, integrated approach to development. Development densities and intensities at the upper end of the stated range will only be allowed for those projects that include public and/or private educational facilities, as well as functional and attractive public open space amenities. Land uses specifically prohibited within the Mixed-Use II designation include the manufacturing and processing of goods and materials, and any warehousing. Public and private walkways and related facilities may be established within the Mixed-Use II designation.
c. The residential density range is 6.1 to 40 dwelling units per acre. The maximum allowed floor area ratio (FAR) is

2.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.

3. Mixed-Use III.
a. This zoning district provides opportunities for the revitalization of deteriorated commercial corridors and centers located on arterials by allowing the development of neighborhood-serving commercial uses and vary intensity offices paired with residential uses. Either vertical or horizontal integration of uses is allowed, with an emphasis on tying together the uses through appropriate pedestrian linkages, parking, and public open space (e.g., linkage parks or small plazas). Because of the linear nature of this district, building forms would be less intense than those allowed in either Mixed-Use I or Mixed-Use II and site design will provide a transition from the arterial street frontage to residential properties located behind the MixedUse III property. In essence, the Mixed-Use III development will serve as a buffer between the street and the residential development.
b. The Mixed-Use III designation applies to properties that front Brea Boulevard and a portion of Imperial Highway.

Land uses specifically prohibited within the Mixed-Use III designation include regional-serving retail uses, general industrial uses, and any warehousing. Additionally, nonresidential uses and access serving nonresidential developments (except for live/work developments) shall not be allowed on Walnut Avenue. c. The residential density range is 6.1 to 18 dwelling units per acre. The maximum allowed floor area ratio (FAR) is

1.00. Residential densities at the higher end of the range will only be allowed for developments that clearly incorporate a mix of uses.

B. Allowable land uses. Table 2-2 indicates the uses allowed within the MU-I, MU-II, and the MU-III zoning districts, and the land use permit required to establish each use, in compliance with Division 5 (Planning Permit Procedures).

C. Prohibited land uses. Any table cell with a "--" means that the listed land use is prohibited in that specific Mixed-Use zoning district.

D. Land uses not listed. For land uses not listed in Table 2-2, the provisions of § 20.408.010 (Administrative Interpretation) shall apply.

E. Plan or precise development review required. Depending on the size of the construction activity (see Table 2-1), all construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) may require review and approval in compliance with §§ 20.260.050 ( Special Provisions) and 20.408.040 (Plan Review).

F. Applicable sections. Where the last column in the tables ("See Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this zoning code may also apply. (Ord. 1089, passed 3-7-06)
TABLE 2-1

REVIEW AUTHORITY CHART

TYPE OF CONSTRUCTION

ACTIVITY
Role of Review Authority (1)
CITY

PLANNER
(Plan Check)

DIRECTOR
(Plan
Review)

PLANNING
COMMISSION (Precise
Development Review)
TABLE 2-1

REVIEW AUTHORITY CHART

TYPE OF CONSTRUCTION

ACTIVITY
Role of Review Authority (1)
CITY

PLANNER
(Plan Check)

DIRECTOR
(Plan
Review)

PLANNING
COMMISSION (Precise
Development Review)
Facade improvements, only when
not visible from a public right-ofwayDecision
Nonresidential construction, up to
a maximum of 25% of the existing
gross floor area
Decision
Residential construction, up to a
maximum of 25% of the existing
gross floor area, but no additional
dwelling units
Decision
Tenant improvements Decision
Facade improvements, only when
visible from a public right-of-way Decision
Nonresidential construction, up to
a maximum of 10,000 square feet
of gross floor area
Decision
Residential construction, up to a
maximum of four dwelling units Decision
Nonresidential construction,
10,000 square feet or more of
gross floor area
Decision
Residential construction, five or
more dwelling units Decision
NOTE:
(1) The review authority identified in the table above may defer action and refer the request to the next higher review authority for the final decision.

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
COMMUNICATION, TRANSPORTATION AND UTILITY FACILITIES (1) Alternative fuels and recharging facilities as an
accessory use
P P P
Motor vehicle parking lot/structure facilities P P P
Public utility services offices P P P
Major wireless communications facilities C C C
EDUCATION, PUBLIC ASSEMBLY, AND RELIGIOUS FACILITIES (1) Clubs or lodges C C C
Commercial trade schools C C C
Educational institutions, private C C C
Meeting halls, places of worship C C C
Studios: art, dance, martial arts, music,
photography, etc. P P P
ENTERTAINMENT AND RECREATIONAL FACILITIES (1)
Health/fitness centers C C C
Indoor amusement/arcade,
entertainment/recreation centers C C C
Nightclubs with or without food service, bar C C C
Theaters, auditoriums, indoors C C --
Theaters, movie C C --
Theaters, outdoors C C --
NOTE:
(1) Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
PUBLIC/SEMI-PUBLIC FACILITIES (1)
TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
PUBLIC/SEMI-PUBLIC FACILITIES (1)
Community/recreational centers P P P
Government services (city, county, state or
federal) P P P
Libraries P P P
Museums P P P
Post offices P P P
RESIDENTIAL (Dwelling units not allowed as a stand-alone use on Brea Boulevard or Imperial Highway)
Accessory dwelling unit P P P 20.208.040
Accessory uses and structures P P P 20.08.035.F and

20.xx.xxx
Assisted living facilities C C C
Boarding houses C C C
Caretaker/employee housing P P P
Home occupations P P P
Junior accessory dwelling unit2 P P P 20.208.040
Live/work facilities P P P
Mixed-use developments P P P 20.158.010.E
Multi-family dwelling units C C C
Residential care facilities C C C
Single-family dwelling units (attached) P P P
Single-family dwelling units (detached) P P P
Townhouses (e.g. rowhouses) P P P
Two-family dwelling units P P P
NOTE:
(1) Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
(2) Junior accessory dwelling units are only permitted on a lot with an existing or proposed singlefamily dwelling.

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
RETAIL TRADE (1)
Accessory retail uses P P P
Department stores P P --
Furniture/furnishings, rentals, repair, sales and
service stores P P --
Garden centers/nursery (indoors) P P P
Garden centers (outdoors) C C C
Liquor stores (off-site consumption only) C C C
Mini-markets C C C
Motor vehicle parts and supplies, no repair or
outdoor storage P P P
Outdoor retail sales and activities (as a primary use)
(Carts/kiosks) C C C 20.72.040.C
Retail stores, general merchandise, up to 5,000
square feet of gross floor area P P P
Retail stores, general merchandise, 5,000 square
feet or more, up to a maximum of 10,000 square
feet or gross floor area
P P C
Retail stores, general merchandise, over 10,000
square feet of gross floor area P P --
Shopping centers P P --
Temporary uses/activities TUP TUP TUP
Warehouse retail stores -- P --
NOTE:
(1) Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
SERVICES (1)
Acupuncture clinics P P P
Automated teller machines (ATMs) P P P
Banks and financial services P P P
Barber, beauty, nail shops, massage P P P
Bars/liquor establishments (on-site consumption
only) C C C
Business support services P P P
Catering services P P P
Check cashing services P P P
Child day care facilities C C C
Community care facilities C C C
Convalescent/rest homes and hospitals C C --
Cyber cafes C C C
Dry cleaning service, drop-off only P P P
Equipment rental establishments (indoor only) P P P
Hotels or motels C C C
Laundromats, self-service P P C
Locksmith shops P P P
Medial/dental offices or clinics P P P
Medical services, laboratories -- P P
NOTE:
(1) Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.

TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS TABLE 2-2

ALLOWABLE USES AND PERMIT REQUIREMENTS FOR MIXED-USE ZONING DISTRICTS Key to Table:

P Permitted Use
C Conditional Use - Conditional Use Permit required (§ 20.408.030) "--" Use not allowed

LAND USE

PERMIT REQUIREMENT
MU-I MU-II MU-III See Section
SERVICES (1) (Cont'd)
Motor vehicle leasing/rental (office only; no vehicles
on-site) P P P
Offices P P P
Personal services, general (does not include uses
defined under personal services, limited) P P P
Photocopy/desktop facilities P P P
Photography studios/supply shops P P P
Printing and publishing (under 5,000 square feet) P P P Repair/maintenance, consumer products -- P P
Restaurants, fast food, with or without outdoor
seating. No drive- thru facilities allowed. P P P
Restaurants, sit-down P P P
Restaurants, specialty foods P P P
Restaurants with alcohol sales C C C 20.408.030
Restaurants with drive-thru facilities -- C C
Reverse vending machine(s) recycling facilities P P P
Ticket agencies P P P
Travel agencies P P P
Veterinarian clinic/services and small animal
hospitals (overnight stays allowed) C C C
NOTE:
(1) Nonresidential developments (e.g. education, public assembly, and religious facilities, entertainment and recreational facilities, public/semi-public facilities, retail trade and service facilities) and access serving nonresidential developments (except for live/work facilities) shall not be allowed on Walnut Avenue.
(Ord. 1089, passed 3-7-06; Am. Ord. 1220, passed 3-16-21) § 20.258.020 GENERAL DEVELOPMENT STANDARDS FOR THE MIXED-USE ZONING DISTRICTS.

New land uses and structures, and alterations to existing uses or structures, shall be designed, constructed and/or established in compliance with the following:

A. Compliance with Tables 2-3 through 2-8 required. Requirements in Tables 2-3 through 2-8 below.

B. General development standards. General development standards (e.g., landscaping, parking and loading, signs, etc.) in Division 3 (Site Planning and General Development and Operational Standards).

C. Design guidelines. Applicable design guidelines in Chapter 20.xx (Design Guidelines).

D. Plan reviews. Design review process in § 20.408.040.

E. Minimum parcel sizes and dimensions. In Tables 2-3 through 2-8, below, the standards for minimum project size, parcel width, and parcel depth are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions for ownership or leasehold (e.g., condominium) purposes.

F. Live/work development projects. Live/work development projects shall be treated as nonresidential projects and regulated by Tables 2-3 through 2-5, below.
(Ord. 1089, passed 3-7-06)
TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 7,000 square
feet
(1) The standards
for minimum project
size, parcel width
and parcel depth are
intended to regulate
sites for
development
purposes only and
are not intended to
establish minimum
dimensions for
ownership or
leasehold (e.g.
condominium)
purposes.

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

12.1 to 50
du/acre
Maximum floor area ratio (FAR) for nonresidential
uses

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

TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I
TABLE 2-3

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I
Accessory structures Section 20.08.035.F and Section

20.xx.xxx
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

20.220.040.F
GRAPHICS FOR TABLE 2-3

MIXED USE AND NONRESIDENTIAL PROJECTS IN MU-I ZONING DISTRICT TABLE 2-4

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
TABLE 2-4

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 10,000 square
feet
(1) The standards
for minimum project
size, parcel width
and parcel depth are
intended to regulate
sites for
development
purposes only and
are not intended to
establish minimum
dimensions for
ownership or
leasehold (e.g.
condominium)
purposes.

Minimum parcel width (1) 100 feet
Minimum parcel depth (1) 200 feet
Minimum/maximum allowable density range for
residential uses

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

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

TABLE 2-4

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II
TABLE 2-4

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II
Accessory structures Section 20.08.035.F and Section

20.xx.xxx
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

20.220.040.F
GRAPHICS FOR TABLE 2-4

MIXED-USE PROJECTS IN MU-II ZONING DISTRICT
TABLE 2-5

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
TABLE 2-5

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE III ZONING DISTRICT

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

6.1 to 18
du/acre
Maximum floor area ratio (FAR) for nonresidential
uses

1.00 Minimum setbacks
Front and street side along Brea Boulevard and Imperial Highway (1) The standards
for minimum project
size, parcel width
and parcel depth are
intended to regulate
sites for
development
purposes only and
are not intended to
establish minimum
dimensions for
ownership or
leasehold (e.g.
condominium)
purposes.

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

TABLE 2-5

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
TABLE 2-5

DEVELOPMENT STANDARDS FOR MIXED-USE AND NONRESIDENTIAL PROJECTS IN

MIXED-USE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
Minimum distance between structures located on the
same parcel None
Maximum structure height 35 feet
Minimum common residential open space for multifamily dwellings.(The minimum dimension shall be 15 feet.)
75 square feet/
dwelling unit
Minimum private residential open space for multifamily dwellings. (The minimum dimension shall be 5 feet.)
50 square feet/
dwelling unit
Maximum parcel coverage 65%
Accessory structures Section 20.08.035.F and Section

20.xx.xxx
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

20.220.040.F
GRAPHICS FOR TABLE 2-5

MIXED-USE PROJECTS IN MU-III ZONING DISTRICT
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I NOTES
Minimum project size (1) 2,500 square
feet (1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) For structures located on
Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses

12.1 to 50
du/acre
Maximum floor area ratio (FAR) for
nonresidential uses 3.00
Minimum setbacks (2) front and street side along Ash Street, Birch Street, Brea Boulevard and Imperial Highway
Single-story 5 feet (M)
Second-story and above 10 feet (M) Ash Street, Birch Street, or Brea Boulevard, north of
Imperial Highway, there is no
minimum setback
requirement. All other
setbacks shall be measured
from the structure face to the
nearest property line.
(3) Low level patio walls may
encroach into the required
front or street side setback up
to a maximum of 5 feet.
(4) In projects with
subterranean parking,
structure heights shall be
measured from the top of the
parking deck. For structures
located on Ash Street, Birch
Street, or Brea Boulevard, the
maximum structure height
shall be 55 feet.

Front (3) 15 feet (N)
Side (interior, each) 5 feet (O)
Side, street (3) 15 feet (O)
Side, adjoining, residential uses 10 feet (O)
Rear 5 feet (P)
Rear, adjoining nonresidential uses 10 feet (P)
Parking area setbacks (front and street side).
(No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height (4) 100 feet
Minimum common open space for multi-family
dwellings.(The minimum dimension shall be 15
feet.)
100 square
feet/ dwelling
unit
Minimum private open space for multi-family
dwellings. (The minimum dimension shall be 8
feet.)
75 square
feet/ dwelling
unit
NOTE: The letters (M), (N), (O), and (P) refer to the graphics following this Table.

TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I
TABLE 2-6
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE I ZONING DISTRICT

DEVELOPMENT STANDARDS MU-I
Accessory structures Section 20.08.035.F and Section

20.xx.xxx
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

20.220.040.F
GRAPHICS FOR TABLE 2-6
"STAND ALONE" RESIDENTIAL PROJECTS IN MU-I ZONING DISTRICT TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
TABLE 2-7
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE II ZONING DISTRICT

DEVELOPMENT STANDARDS MU-II NOTES
Minimum project size (1) 2,500 square
feet
(1) The standards for
minimum project size, parcel
width and parcel depth are
intended to regulate sites for
development purposes only
and are not intended to
establish minimum
dimensions for ownership or
leasehold (e.g. condominium)
purposes.
(2) Low level patio walls may
encroach into the required
front or street side setback up
to a maximum of 5 feet.
(3) In projects with
subterranean parking,
structure heights shall be
Minimum parcel width (1) None
Minimum parcel depth (1) None
Minimum/maximum allowable density range for
residential uses

6.1 to 40
du/acre
Maximum floor area ratio (FAR) for
nonresidential uses 2.00
Minimum setbacks
Front (2) 15 feet (Q)
Side (interior, each) 5 feet (R)
Side, street (2) 15 feet (R)
Side, adjoining, nonresidential uses 10 feet (R)
Rear 15 feet (S)
Rear, adjoining nonresidential uses 20 feet (S)
Parking area setbacks (front and street side) 15 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height (3) 60 feet
Minimum common open space for multi-family
units.(The minimum dimension shall be 15
feet.)
100 square
feet/ dwelling
unit
measured from the top of the
parking deck.

Minimum private open space for multi-family
units. (The minimum dimension shall be 8 feet.)
75 square
feet/ dwelling
unit
Accessory structures Section 20.08.035.F and Section 20.xx.xxx Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

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

GRAPHICS FOR TABLE 2-7
"STAND ALONE" RESIDENTIAL PROJECTS IN MU-II ZONING DISTRICT TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III NOTES
TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

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

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

6.1 to 14 du/acre
(See Section

20.258.030.A.4)
Maximum floor area ratio (FAR) for
nonresidential uses 1.00
Minimum setbacks. Front and street side along
Brea Boulevard and Imperial Highway
Stand alone
residential not
allowed on Brea
Boulevard or
Imperial
Highway
Front, other than Brea Boulevard or Imperial
Highway (2) 15 feet (T)
Side (interior, each) 5 feet (U)
Side, street other than Brea Boulevard or
Imperial Highway (2) 15 feet (U)
Side, adjoining, nonresidential uses 10 feet (U)
Rear 15 feet (V)
Rear, adjoining nonresidential uses 20 feet (V)
Parking area setbacks (front and street side).

No parking adjacent to Brea Boulevard or
Imperial Highway allowed, except in the upper
floors of a parking structure.)
5 feet
Minimum distance between structures located
on the same parcel None
Maximum structure height (3) 35 feet
Minimum common open space for multi-family
dwellings.(The minimum dimension shall be 15
feet.)
100 square feet/
dwelling unit
Minimum private open space for multi-family
dwellings. (The minimum dimension shall be 8
feet.)
75 square feet/
dwelling unit
Maximum parcel coverage (not including
parking decks) 65%
NOTE: The letters (T), (U), and (V) refer to the graphics following this Table.

TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III
TABLE 2-8
DEVELOPMENT STANDARDS FOR "STAND ALONE" RESIDENTIAL PROJECTS IN MIXEDUSE III ZONING DISTRICT

DEVELOPMENT STANDARDS MU-III
Accessory structures Section 20.08.035.F and Section

20.xx.xxx
Landscaping Section 20.236.040.M
Lighting Section 20.08.040.C.5 and Section

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

20.220.040.F
GRAPHICS FOR TABLE 2-8
"STAND ALONE" RESIDENTIAL PROJECTS IN MU-III ZONING DISTRICT § 20.258.030 SPECIFIC DEVELOPMENT STANDARDS FOR ALL MIXED-USE PROJECTS.

This section provides standards for the development of mixed-use projects. The primary intent of these development standards is to balance the needs of nonresidential uses for access, visibility, parking, loading, safety, and possibly extended hours of operation with the needs of residential uses for privacy, security, and relative quiet.

A. Integration of uses.

1. Integration defined. Potential ways to integrate the uses allowed in MU-I (Mixed Use I), MU-II (Mixed-Use II), and MU-III (Mixed-Use III) zoning districts include:
a. Vertical integration. A mix of nonresidential uses (i.e., commercial, retail, and/or office) located on the ground floor with residential dwelling units located above.
b. Horizontal integration. A mix of nonresidential uses located on the primary street frontage of a parcel and residential uses located at the rear of a parcel.
c. Combined approach. A combination of vertical and horizontal integration of nonresidential and residential uses.

2. MU-I zoning districts. In MU-I (Mixed-Use I) zoning districts, nonresidential and residential uses shall be vertically integrated whenever possible; however, stand-alone residential projects and stand-alone nonresidential projects are allowed when planned and designed as an integrated element of a larger mixed-use development area.

3. MU-II zoning districts. In MU-II (Mixed-Use II) zoning districts, both vertical and/or horizontal integration of nonresidential and residential uses shall be allowed; however, stand-alone residential projects and stand-alone nonresidential projects are allowed when planned and designed as an integrated element of a larger mixed-use development area.

4. MU-Ill zoning districts. In MU-III (Mixed-Use III) zoning districts, both vertical and/or horizontal integration of nonresidential and residential uses shall be allowed subject to the following:
a. Parcels of one (1) acre or greater. Parcels of one (1) acre or greater in total net area shall provide a vertical and/or horizontal mix of nonresidential and residential uses.
b. Parcels of less than one (1) acre. Parcels of less than one (1) acre in total net area may either:
(1) Provide a mix of nonresidential and residential uses; or (2) Incorporate stand-alone residential projects at a maximum density of fourteen (14) du/acre or stand-alone nonresidential projects. For parcels fronting Brea Boulevard or Imperial Highway, no stand-alone residential projects shall be allowed. Nonresidential projects and access serving nonresidential projects (except for live/work facilities) shall not be allowed on Walnut Avenue.

B. Parcel Consolidation Incentive Program. In order to encourage the assemblage of smaller existing parcels into larger parcels that can be more efficiently developed into a mixed-use project, the following incentives are offered:

1. Allowable incentives for parcel consolidation:
a. Reduction in required parking for a mixed-use project. b. Increase in maximum total sign area, up to a maximum of twenty percent (20%). c. Increase in maximum parcel coverage, up to a maximum of ten percent (10%). d. Reduction in common and/or private open space requirements, up to a maximum of ten percent (10%). e. Priority (e.g., fast-track) permit processing.
f. City participation in provision of infrastructure (e.g., installation of curb, gutter, and sidewalk, installation of streetscape, undergrounding of utilities, upgrading of utilities, etc.)

2. Parcel consolidation thresholds:
a. Consolidation of existing small parcels into a development project site of one (1) acre or greater up to two (2) acres: Any two (2) of the allowable incentives identified above, except for items e. and f. b. Consolidation of existing small parcels into a development project site of two (2) acres or greater: Any four (4) of the allowable incentives identified above.

C. Development standards generally. Mixed-use projects shall comply with the development standards in this paragraph in addition to the standards in paragraphs D through O, below.

1. Uses located in a single structure. For a mixed-use project where nonresidential and residential uses are located in a single structure, the density, floor area ratio (FAR), height of structures, parcel depth, parcel size, parcel width, and setbacks identified in Tables 2-3 through 2-8 shall apply.

2. Uses located in separate structures. For a mixed-use project where nonresidential uses and residential uses are located in separate structure(s), the following shall apply:
a. Nonresidential development.
(1) Tables 2-3, 2-4, and 2-5 (development standards for mixed use and nonresidential projects in the Mixed-Use I, Mixed Use II, and Mixed Use III zoning districts, respectively) shall apply. (2) Sections on specific nonresidential uses, if any, in Article xx (Standards for Specific Land Uses) may apply depending upon the type of nonresidential development being proposed. b. Multi-family residential development.
(1) Tables 2-6, 2-7, and 2-8 (development standards for "stand-alone" residential projects in the Mixed-Use I, Mixed Use II, and Mixed Use Ill zoning districts, respectively) shall apply. (2) Section 20.xx.xxx (Standards for Specific Land Uses - Multi-Family Residential Development) shall apply.

D. Design standards.

1. Generally. A mixed-use development project shall be designed and constructed to:
a. Be pedestrian in its focus.
b. Allow for vehicles to park once.
c. Be compatible with and complement adjacent land uses. d. Maintain the scale and character of development along Birch Street, Brea Boulevard, and Imperial Highway, and provide a transition to the adjacent residential uses in the surrounding area

2. Consistent use of architectural details and materials. Architectural style and use of quality materials shall be consistent throughout an entire mixed-use project. However, differences in architectural details and/or materials may occur to differentiate between the nonresidential and residential portions of the project. Dwelling units shall exhibit a residential character. Loading areas and recycling and refuse storage facilities shall be compatible in architectural design and details with the overall project.

3. Features.
a. Street level features. Long expanses of blank walls or an unbroken series of garage doors shall be prohibited. b. Pedestrian-oriented features. At least seventy-five percent (75%) of the building frontage facing a public street or pedestrian way shall be devoted to pedestrian-oriented features (e.g., pedestrian entrances; landscaping; transparent display windows; windows affording views into retail, office, or lobby spaces, etc). The review authority may reduce this percentage on a case-by-case basis.
c. Upper level features. Upper floor balconies, bays, and windows that overlook the street shall be provided whenever opportunities exist for such features.
d. Rooflines and setbacks. Projects shall provide a variety of roof designs as determined to be suitable by the Director.
e. Storefronts. The design of ground floor storefronts shall be consistent with the design guidelines for development in § 20.xx.xxx (General Commercial Design Guidelines).
f. Residential dwelling units. The design of a residential portion of a mixed-use project shall be consistent with the design guidelines for multi-family residential development in § 20.xx.xxx (Multi-Family Residential Design Guidelines). g. Live/work units. The design of a live/work unit as a portion of a mixed-use project shall be consistent with the design guidelines for live/work units in § 20.xx.xxx (Live/Work Design Guidelines). h. Entrances. When nonresidential and residential uses are located in the same structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to visually distinct from the entrances for residential uses.
i. Visual relationship between multiple structures. Multiple structures on a single site shall be designed to create a strong visual relationship between and among the structures. Architectural treatment of structures shall be consistent on all sides.
j. Preservation of neighborhood character. The design of new infill development shall respect, complement, and be compatible with the scale, style, theme, and design of established structures and neighborhoods.

E. Landscaping standards.

1. Consistent with landscaping design guidelines. The landscaping of a mixed-use project shall be consistent with the design guidelines for landscaping in § 20.xx.xxx (General Commercial Design Guidelines) and in § 20.xx.xxx (Multi-Family Residential Design Guidelines).

2. Open space. Common open space areas above the ground level shall be landscaped using containerized plant materials that are irrigated by an automatic irrigation system and adequately drained.

3. Street trees. Street trees shall be required in compliance with the city's Master Street Tree Plan.

F. Lighting standards. Lighting for nonresidential uses shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the residential uses in compliance with § 20.08.040.C.5 (Light and Glare).

G. Open space standards. The common and private open spaces required for residential dwelling units shall be designed to limit intrusion by nonresidents. In the case of an infill development project, the Review Authority may approve a reduction in the required open space (common and/or private) for the residential component of mixed-use development projects when it finds that all reasonable attempts to fulfill the requirements have been exhausted and the open space is not able to be accommodated due to the urban infill characteristic of the development site.

H. Operational standards.

1. Hours of operation. Outdoor nonresidential uses in mixed-use projects shall be prohibited from operating between the hours of 10:00 p.m. and 7:00 a.m. A conditional use permit granted in compliance with § 20.408.030 (Conditional Use Permit) may modify these hours.

2. Joint tenants and owners association.
a. A joint tenants and owners association shall be formed to ensure the well being of each tenant and owner in a mixed-use project.
b. The association bylaws, including voting rights, shall be subject to review by the City Attorney and approval by the Director The association's bylaws shall include the following:
(1) Assignment of parking spaces per each use.
(2) Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities.
(3) Noise notification procedures.
(4) Relationship between uses regarding association representation. (5) Voting procedures.
(6) Procedures for solving problems that may arise between the different types of uses or residents.

3. Loading and unloading activities. Where applicable, the covenants, conditions, and restrictions of a mixed-use project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place after 10:00 p.m. or before 7:00 a.m. on any day of the week.

4. Noise notification.
a. Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area.
b. The covenants, conditions, and restrictions of a mixed-use project shall require that the residents acknowledge their receipt of the written noise notification. Their signatures shall confirm receipt and understanding of this information.

5. Nuisance mitigation. The location and design of recycling and refuse storage facilities shall mitigate nuisances from odors when residential uses might be impacted.

6. Sound mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

I. Parking facilities standards.

1. Number of parking spaces. The total number of parking spaces shall comply with the requirements In § 20.08.040 (Off-Street Parking and Loading). Guest parking shall be provided for the residential dwelling units. Applicants for a mixeduse project shall prepare and submit a parking study (including any request for a parking reduction) for review and decision by the applicable review authority and a parking management plan for review and decision by the Director.

2. Separate or shared parking facilities. Parking facilities may be separate or shared for nonresidential uses and residential uses. The parking layout of a mixed-use project shall be consistent with the design guidelines for parking in §

20.xx.xxx (General Commercial Design Guidelines) and in § 20.xx.xxx (Multi-Family Residential Design Guidelines).

3. Loading areas. Loading areas for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and streets in compliance with subsections

20.236.040. E (Walls and Fences) and 20.220.040. F (Fences, Walls, and Hedges) and subparagraph K. (Screening and buffering standards), below. Loading areas shall be compatible in architectural design and details with the overall project.

The location and design of loading areas shall mitigate nuisances from odors when residential uses might be impacted.

4. Site access driveways. Separate site access driveways shall be provided, whenever possible, for nonresidential and residential uses. Site access driveways shall incorporate distinctive architectural elements, landscape features, and signs to help differentiate access to nonresidential parking areas from access to residential parking areas.

5. Enclosed parking. If enclosed parking is provided for the entire mixed-use complex, separate areas/levels shall be provided for nonresidential and residential uses with separate building entrances, whenever possible, subject to confirmation and approval by the applicable review authority.

6. Ingress and egress. Vehicular circulation shall be designed to direct traffic away from residential streets to the greatest extent feasible.

J. Recycling and refuse storage facilities standards. Recycling and refuse storage facilities for nonresidential uses shall be located as far as possible from residential units and shall be completely screened from view from the residential portion of the project and streets in compliance with §§ 20.236.040.E (Walls and Fences) and 20.220.040.F (Fences, Walls, and Hedges) and subparagraph K (Screening and buffering standards) below. Recycling and refuse storage facilities for nonresidential uses should be compatible in architectural design and details with the overall project. The location and design of trash enclosures shall mitigate nuisances from odors when residential uses might be impacted.

K. Screening and buffering standards.

1. Loading areas and recycling and refuse storage facilities. Loading areas and recycling and refuse storage .facilities for nonresidential uses shall be completely screened from view from adjacent residential portions of the project or other adjacent residential uses.

2. Roof-mounted equipment. Roof-mounted equipment shall be completely screened from public views from the ground elevation.

3. Noise-generating equipment. Noise-generating equipment (e.g., refrigeration units, air conditioning, exhaust fans, etc.) shall require special consideration in their location and screening in order to avoid creating a nuisance.

L. Security standards. Structures shall be designed to minimize the personal security risks of uses and to minimize the opportunities for vandalism and theft.

M. Sign standards. The design of signs shall comply with Chapter 20.28 (Signs).

N. Site organization standards.

1. Limitations on location of residential uses in the Mixed-Use III zone. In horizontal mixed-use projects along Brea Boulevard and Imperial Highway, residential uses shall not occupy ground floor space within the first fifty (50) feet of a parcel measured from the front property line. In the Mixed-Use III zone, within vertical mixed-use projects along Brea Boulevard or Imperial Highway, residential uses shall not occupy any ground floor space, along the major street frontage, except for entry lobbies. Residential uses may occupy street frontages along secondary/side streets as determined by the Director.

2. Location of nonresidential uses along street frontages. a. Nonresidential uses shall be located along street frontages and shall have a minimum depth of fifty (50) feet. The Director may reduce the depth requirements for nonresidential uses located on a secondary street. b. On corner parcels, the nonresidential space shall turn (wrap around) the corner for a distance of at least thirty (30) feet along secondary/side streets.
c. A minimum of seventy-five percent (75%) of the street frontage along major or primary streets shall be occupied by nonresidential uses. The remaining twenty-five percent (25%) may be occupied by lobby entrances to residential uses and pedestrian amenities (e.g., plaza, courtyard) The Director may reduce/adjust the percentage frontage requirements.

3. Entrances. Primary building entrances shall be oriented to the major street on which the structure has frontage, street corner, courtyard, plaza, park, or other structures on the site but not to interior blocks or parking lots/structures. A structure may have other entrances as long as direct, barrier-free pedestrian access is provided to all entrances.

4. Sharing of common open space. Mixed-use structures shall be arranged to create opportunities for common open space for the residential uses. In general, common open space areas for residential uses shall be separated from nonresidential uses on the site. However, the sharing of common open space may be allowed by the applicable review authority when it is clear that the open space will provide direct benefit to residents of the project and subject to the following limitations.
a. Up to thirty percent (30%) of the required common open space for residential uses in a horizontal mixed-use project may be provided within the nonresidential component of the project. b. Up to sixty percent (60%) of the required common open space for residential uses in a vertical mixed-use project may be provided within the nonresidential component of the project.

5. Pedestrian environment. Site planning shall integrate the street pedestrian environment with the nonresidential uses through the use of courtyards, plazas, street furniture, and walkways. Public and private walkways, passages, paseos, and related facilities shall be provided, whenever possible. Pedestrian access to mixed-use structures shall be from the sidewalk.

Enhanced pedestrian amenities (i.e., courtyard, plaza, paseo) shall be required for mixed-use projects located along Brea Boulevard and Imperial Highway in the MU-III (Mixed-Use III) zoning district.

O. Historic structures. The standards in this section may not apply where they conflict with the design or character of the architecture of existing structures listed on the National Register of Historic Places, Buildings, or Structures; the California State Inventory of Historical Sites and Buildings; the Orange County Historic Register; or the Brea Historic Resources Register. Refer to Chapter 20.60. (Historic Preservation) for design guidelines for renovating or rehabilitating historic structures.
(Ord. 1089, passed 3-7-06)

EXHIBIT D
Preliminary Construction and Demolition Management Plan We plan to do the demolition in two phases as shown above and propose to have the stock pile stored on the west side of the phase 1 building. We anticipate the truck route for construction and demolition disposal to head toward Valencia Ave. northbound to Olinda Alpha Landfill. The anticipated route for steel and recycling materials will travel south of Valencia Ave. towards Imperial Hwy onto the I-57 freeway. 275 Valencia Avenue, Brea, CA
Steel and Recycling
Materials Route
Construction and
Demolition Disposal
Route
Staging and
Equipment
Storage Area
PHASE 2
Valencia Avenue

STOCK PILE
PHASE 1
Imperial Hwy
N
DJT4 SITE
Construction
Parking

ATTACHMENT J

TECHNICAL BACKGROUND
Case Nos: Environmental Impact Report (EIR) No. 2023-01 Vesting Tentative Parcel Map (TPM) No. 2022-193
Plan Review (PR) No. 2022-09
Property Location: 275 Valencia Avenue
(APNs 320-233-17, 320-301-11, & 320-301-12)
Project Site Size 31.6 acres
Building Size 181,500 square-foot industrial building
Applicant: Ware Malcomb
10 Edelman
Irvine, CA 92618
General Plan Designations: Northern 24.2-acre portion: Light Industrial Southern 7.4-acre portion: Mixed Use II
Zoning Designations: Northern 24.2-acre portion: Light Industrial (M-1) Southern 7.4-acre portion: Mixed-Use II (MU-II)
Adjacent Zoning
North: M-1 and Parks/Recreation/Open Space-Parks/Recreation (PRO-P/R) (across Birch Street)
East: MU-II (across Valencia Avenue)
South: M-1 (across Nasa Street)
West: M-1 (across Surveyor Avenue)
Site and Neighborhood
Characteristics:

The Project Site is 31.6 acres in size and is located at 275 Valencia Avenue, which is situated west of Valencia
Avenue, north of Nasa Street, and west of Surveyor
Avenue. This site is surrounded by various industrial and office properties and a mixed-use community.

Public Hearing Notices and
Outreach:

Legal Notice was published in the Brea Star Progress on May 1, 2025, and 519 notices were sent to all property
owners and occupants within a 500-foot radius of the
subject property, responsible agencies, and interested
parties.

ATTACHMENT K

SUBJECT PROPERTY AND VICINITY MAP
DATE: MAY 13, 2025
CASE NOS:

ACCELA RECORD NO. PLN-2022-00042
ENVIRONMENTAL IMPACT REPORT (EIR) NO. 2023-01
VESTING TENTATIVE PARCEL MAP (TPM) NO. 2022-193
PLAN REVIEW (PR) NO. 2022-09
N

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Last updated: 5/2021

SUBMITTAL INSTRUCTIONS FOR PROJECT APPLICATIONS
Project applications shall be submitted directly to the Planning Division in person or by email. Please see below for instructions for each:

In person: Project applications shall be submitted to a Planner at the front counter located on the 3rd floor of 1 Civic Center Dr. Brea, CA 92821. Make an appointment by emailing [email protected] or call 714-990-7674.

Please see pages 5-8 for submittal requirements.

By email: Project applications shall be submitted to [email protected]. To confirm your application has been received, contact a Planner at 714-990-7674.

Please see pages 5-8 for submittal requirements.
*Note: It is HIGHLY RECOMMENDED to speak with a Planner prior to formal submittal. To speak with a Planner regarding your project, please contact the Planning Division at [email protected] or 714-990-7674.

No application will be considered submitted for Plan Review until the following is satisfied:

1. The required application deposit has been paid, as outlined in the Development Processing Fees. Check and credit card (Visa or Mastercard) are accepted over the phone at 714-990- 7674. Checks can be dropped off at the 3rd floor front counter of 1 Civic Center Cir. Brea, CA 92821 or mailed. If a check is mailed, please ATTN: Planning Division.

2. Completed Uniform Application, pages 1-4

3. Accompanying plans and documents outlined in pages 5-8 Application Completeness:

Once the uniform application has been submitted, no later than thirty (30) days after receipt of an application, the Director shall determine, in writing, if such application is complete, and immediately transmit such determination to the applicant. If an application is determined not to be complete, the Director determination shall specify the deficiencies and the manner in which the application can be made complete. Upon determination that an application is complete and meets the requirements for acceptance, or expiration of the thirty (30) day period if no determination regarding completeness is made, the application shall be deemed accepted.

SHOULD YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE PLANNING DIVISON AT 714-990-7674 OR [email protected]

ATTACHMENT L

Page 1 of 7 ends

Last updated: 7/2021
GENERAL INFORMATION REQUIRED: (Print or Type)
Name of Proposed Project:

Location of Project (Address Required): Legal Description of Project Location (Assessor’s Parcel No.):

APPLICANT INFORMATION:

Applicant’s Name: Phone:

Email:

Address:

City: Zip Code:

TRUST ACCOUNT OWNER: (see page 4 before completing)
Individual Financially Responsible for the Project:

Address:

City: Zip Code:

Email: Phone:

PROJECT CONTACT PERSON:

Contact Person: Phone:

Email:

STAFF USE ONLY
Accela Record Number:

Project Manager:

Entitlement File Number(s): Related Files:

SUBMITTAL INFO:

Date Time Received: Received by: Deposit Received:

PROJECT APPLICATION
(949)788-4032
(213) 617-4101
(949) 788-4032
DJT4 Delivery Station
275 Valencia Avenue, Brea, CA 92823 APN 320-233-17, 320-301-11 and 320-301-12 [email protected]
10 Edelman
Irvine 92618
Justin J. Mahramas
[email protected]
Tim Reed
10 Edelman
Irvine 92618
[email protected]
Tim Reed - Ware Malcomb
PLN-2022-00042 Jessica Newton
EIR No. 2023-01, TPM No. 2023-193, PR No. 2022-09
June 6, 2022 KC Yes

Page 2 of 7 ends

Last updated: 7/2021
PROJECT INFORMATION: (Print or Type)
Zoning Designation: General Plan Designation:

Existing Use: Proposed Use:

Type of Development:
 Residential  Commercial  Industrial  Mixed-Use
Lot Size (square feet): Lot Width: Lot Depth:

Existing Floor Area (square feet): Existing FAR: Existing Lot Coverage:

Proposed No. of Stories: Proposed Building Height:

Existing Parking Stalls: Proposed Parking Stalls:

Project Description: The project description should include a detailed description of demolition, on-side improvements, proposed use & operations, e.tc. In addition, please describe all building material and color as well as description of signage and their location. Please provide a separate PDF attachment labeled “Project Description if more space is needed.
 Check if project description is attached.

TYPE OF REVIEW REQUESTED: select all that apply
Planning Commission/City Council
 Conditional Use Permit  Planned Community  Historic Designation  Development Agreement  Precise Development Plan  Zone Change  General Plan Amendment  Temporary Trailer  Zone Variance  Certificate of Compatibility  Other ___________  Other ___________ Administrative/Community Development Director
 Administrative Remedy  Large Family Day Care  Other ___________  Certificate of Compatibility  Plan Review
56'
Office Warehouse
M-1; MU-II Light Industrial; Mixed Use II
1,376,504 SF 1,180.93' Variable (see survey)
637,503 SF

0.46:1 15%
1 1,949 1,067

Page 4 of 9 ends

Last updated: October 5, 2023

PROPERTY OWNER INFORMATION & AUTHORIZATION
(as listed in the Orange County Assessor’s records)
Legal Owner’s Name: Company Name:

Email: Phone:

Address:

City: State: Zip Code:

I hereby certify under penalty of perjury under the laws of the State of California that I am the owner(s) of the subject property, or have been authorized to sign on behalf of the property owner, and consent to the filing of this application on the above referenced property. If the owner did not sign below, a letter of authorization is required.

DESIGN PROFESSIONAL OR OWNER OF THE COPYRIGHT IF DIFFERENT (OPTIONAL) Name(s):

Email: Phone:

Address:

City: State: Zip Code:

AUTHORIZATION TO REPRODUCE PROJECT PLANS- Gov. Code § 65103.5(f)(2) I hereby grant permission for the City of Brea to provide the project plans for inspection as a part of the public record, to copy for members of the public, and post the plans online. This permission shall be constituted as the permission for architectural drawings that contain a copyright annotation and are protected by the federal Copyright Act of 1976 (Government Code Section 65103.5(f)(2).

By:
(Signature)
By:
(Printed Name)
By: Date: _
(Signature)
By:
(Printed Name)
Amazon.com Services LLC Amazon.com Services LLC
Seattle WA 98109
(206) 226-1000
410 Terry Avenue N.

Tim Reed
[email protected] (949) 788-4032
10 Edelman
Irvine CA 92618
Date: _
[email protected]
Amita Poole
January 12, 2024
________________________
Tim Reed 04-18-2024

Page 5 of 9 ends

Last updated: October 5, 2023

TRUST ACCOUNT OWNER INFORMATION
All project applications require the specified minimum deposit to a Trust Account. Additional funds and/or subsequent deposits may be required depending on the specified project and level of staff time necessary.

All unused funds will be reimbursed following the completion of project and/or review. Staff time devoted to your project will be billed according to our Development Processing Fees. The necessary staff time will vary according to the complexity of the project and may include, initial review and ongoing project processing by City staff including, but not limited to:
• Reviewing plans/submittal packages.
• Routing plans to, and communicating with other city staff and outside agencies. • Researching documents relative to site history and site visits/inspections. • Consulting with applicant and other interested parties (e.g. neighbors, adjacent property or business owners) in person or by phone.
• Preparing environmental documents, staff reports, presentations, and resolutions. • Preparing pertinent maps, graphs and exhibits.
• Attending meetings / public hearings before the Planning Commission / City Council. • Review of tentative maps and improvement plans by City staff. • On-site inspections of the project by City staff.
• Consultant services
TRUST ACCOUNT OWNER:

Name of Individual or Corporation Financially Responsible for the Project:

Address:

City: Zip Code:

Email: Phone:

STATEMENT OF UNDERSTANDING AND AGREEMENT
I understand that my initial deposit is a retainer and not a fee. This deposit will be used to set up an account, against which fees shall be charged based on the hourly rate listed in the City fee schedule in effect at the time the work is performed. I understand that should the costs exceed the deposit, I will be billed monthly for any additional deposit amount intended to cover future charges. If I fail to pay the fees when due, I understand approximately that the City will stop working on the application. If the final costs are less, the unused portion of the deposit will be returned to me after the conclusion of the process or final inspection of the completed project, whichever occurs later.

As the trust account owner, I assume full financial responsibility for all costs incurred by the City in processing this application(s).

BY SIGNING BELOW, I HEREBY CONSENT THAT I UNDERSTAND THE MATTERS AS DESCRIBED ABOVE AND AGREE TO THE TERMS. I HEREBY FURTHER REPRESENT THAT I HAVE THE AUTHORITY TO BIND MY BUSINESS BY SIGNING ON ITS BEHALF.

Trust Account Owner’s Signature Date
Trust Account Owner Printed Name
Tim Reed
10 Edelman
Irvine 92618
[email protected] (949) 788-4032
Tim Reed
January 3, 2024
________________________

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Last updated: October 5, 2023

INDEMNIFICATION AGREEMENT

PLEASE READ, FILL IN, AND SIGN AT THE BOTTOM
I, the undersigned, certify that I am the applicant in the foregoing application, that I have read the foregoing application and know the content thereof, and state that the same is true and correct to the best of my knowledge and belief, and further certify that I shall comply with each and every condition of approval as stated herein.

Furthermore, _________________________, on behalf of ______________________ hereby agrees to defend, indemnify, and hold free and harmless the City of Brea, its elected officials, officers, employees, and agents, with respect to any and all liabilities, claims, suits, actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including the payment of actual attorney’s fees, court costs, and any and all other costs of defense.
_______________________________ _______________________ Applicant’s Signature Date
Staff Use Only
ACCELA RECORD NUMBER: TRUST ACCOUNT NUMBER:

Amita Poole Amazon.com Services LLC
January 3, 2024
PLN-2022-00042 T220646
5 YEAR - VALENCIA VIEW PAGE
30 DJT4 - AMZL BREA BTS 04.22.2025
BREA, CA - IRV21-5032-00
This conceptual design is based upon a preliminary review of entitlement requirements and on unverified and possibly incomplete site and/or building information, and is intended merely to assist in exploring how the project might be developed. Signage shown is for illustrative purposes only and does not necessarily reflect municipal code compliance. All colors shown are for representative purposes only. Refer to material samples for actual color verification.

PREPARED BY
MAY 2025

CITY OF BREA
Planning Division
1 Civic Center Circle
Brea, California 92821

MITIGATION MONITORING AND

REPORTING PROGRAM
DJT4 PARCEL DELIVERY

FACILITY PROJECT
SCH NO. 2023070241

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ATTACHMENT M
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City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
1-1

1.0 INTRODUCTION

1.1 PURPOSE OF A MITIGATION MONITORING AND REPORTING

PROGRAM
The Mitigation Monitoring and Reporting Program (MMRP) for the DJT4 Parcel Delivery Facility Project (Project) has been prepared in conformance with Public Resources Code (PRC) Section 21081.6 and CEQA Guidelines Section 15097, which require all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon a Mitigated Negative Declaration or an Environmental Impact Report (EIR). The MMRP ensures implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified through the use of monitoring and reporting. Monitoring is generally an ongoing or periodic process of project oversight; reporting generally consists of a written compliance review that is presented to the decision-making body or authorized staff person.

This MMRP provides a framework to document implementation of the required mitigation measures, identifies monitoring/reporting responsibility for each mitigation measure, and provides a record of the monitoring/reporting to ensure compliance with the mitigation measures identified in the DJT4 Parcel Delivery Facility Project EIR that are required to minimize impacts associated with the Project. Project design features proposed by the Applicant are also included in this MMRP to ensure implementation.

1.2 PROJECT LOCATION
The Project is located at 275 Valencia Avenue on Assessor Parcel Numbers 320-233-17, 320- 301-11, and 320-301-12 (Project Site) in the City of Brea. The Project Site is bounded by Valencia Avenue to the east, Nasa Street to the south, Surveyor Avenue to the west, and adjacent industrial and office uses to the north. Primary regional access to the Project Site is provided via Imperial Highway/State Route 90 approximately 0.2 miles to the south of the Project Site and Carbon Canyon Road/State Route 142 approximately 0.4 miles to the north of the Project Site. Local access to the Project Site is provided via Valencia Avenue, Surveyor Avenue, E. Birch Street, Nasa Street, and Enterprise Street.

1.3 PROJECT DESCRIPTION
The Project would demolish the existing 637,503-square-foot office building and surface parking lot to construct a 181,500-square-foot parcel delivery facility, consisting of 163,350 square feet of warehouse and storage space and 18,150 square feet of ancillary office space, on an approximate

31.6-acre site. The proposed facility would be a single-story building with a maximum height of 50 feet 4 inches (including architectural projections) and a floor area ratio of approximately 0.14:1.

The Project would provide 1,065 vehicle parking spaces (304 automobile spaces, 757 delivery van spaces, and four [4] trailer spaces), 180 ancillary van loading spaces (90 loading spaces and 90 staging spaces), and 13 Utility Tractor Rig loading spaces to serve facility operations. The

1.0 INTRODUCTION
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
1-2
proposed facility would be generally located in the center of the Project Site and flanked by loading areas and surrounded by vehicle parking. The Project building would be located entirely within the Light Industrial (M-1) zone, and surface parking and drive aisles would be located within the M-1 and Mixed-Use II (MU-II) zoned portion of the Project Site.

Project operations would occur 24 hours per day, 7 days per week to support delivery of packages to customer locations. The Applicant anticipates up to 31 line haul trucks delivering packages to the Project Site each day during normal operations. Of the 31 anticipated line haul trucks, only up to 22 would operate between 10:00 p.m. and 7:00 a.m. during normal daily operations. In order to fulfill the employee need for the proposed facility, approximately 800 workers would be hired at the proposed facility; however, the total daily workers onsite would not exceed 673 workers.

1.4 ENVIRONMENTAL IMPACTS

1.4.1 No Impacts or Less Than Significant Impacts
The analyses provided in Chapter 5.0, Environmental Impact Analysis and Chapter 7.0, Other CEQA Considerations of the Draft EIR for Project concluded that the Project would result in no impacts or less than significant impacts to the following environmental issue areas:
• Aesthetics
• Air Quality
• Agriculture and Forestry Resources
• Biological Resources
• Cultural Resources
• Energy
• Geology and Soils
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials: Threshold 5.4(a) and Thresholds 5.4(d) through 5.4(g) • Hydrology and Water Quality
• Land Use and Planning
• Mineral Resources
• Noise
• Population and Housing
• Public Services
• Recreation
• Transportation
• Utilities and Service Systems
• Wildfire

1.0 INTRODUCTION
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
1-3

1.4.2 Less Than Significant Impacts With Mitigation Incorporated The analyses provided in Chapter 5.0, Environmental Impact Analysis of the Draft EIR for the Project concluded that the Project could result in potentially significant impacts to the following environmental issue areas, which would be reduced to a less than significant level with mitigation incorporated:
• Hazards and Hazardous Materials: Thresholds 5.4(b) and 5.4(c) • Tribal Cultural Resources

1.4.3 Significant and Unavoidable Impacts
The analyses provided in Chapter 5.0, Environmental Impact Analysis of the Draft EIR for the Project concluded that the Project would not result in any significant and unavoidable impacts.

1.0 INTRODUCTION
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
1-4
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City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-1

2.0 MITIGATION MONITORING REQUIREMENTS
The mitigation measures identified in the table below were incorporated into the approval for this Project in order to reduce potentially significant environmental impacts. A signature and compliance date for each mitigation measure indicates that the measure has been implemented and fulfills the City of Brea’s monitoring requirements with respect to Public Resources Code Section 21081.6. The mitigation measures are numbered as presented in the EIR for the Project.

Project design features proposed by the Applicant are also included in the table below.

Any modifications to the terms and/or timing of the mitigation measures in this MMRP shall provide a level of environmental protection equal to, or greater than the approved mitigation measure.

The City of Brea Community Development Department – Planning Division, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed modifications and, if necessary, may refer said determination to the Planning Commission. Any costs associated with information required to make a determination of adequacy shall be borne by the Applicant. No changes to the MMRP shall be permitted unless the MMRP continues to satisfy the requirements of CEQA as determined by the City, the lead agency for the Project.

1.0 INTRODUCTION
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-2
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2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-3
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
Hazards and Hazardous Materials
MM-HAZ1Prior to the commencement of any ground-disturbing activities, the Applicant shall develop a Soil Management Plan (SMP) and submit the SMP to the City’s Fire
Department, Building & Safety Division, and Public Works Department for review and approval. The SMP would
include the following elements:
 Project Site Description: Description of general onsite conditions, soil types, and identification of prior on-site testing results, constituents of concern, and
possible residual contaminants and suspected
materials.
 Health and Safety Measures: No soil disturbance or
excavation activities shall be performed by any
contractor without a site-specific Health and Safety
Plan (HASP) that complies with applicable
occupational health and safety standards. The
HASP should specify appropriate levels of personal
protective equipment (PPE), as well as monitoring
criteria for increasing the level of PPE. The General
Contractor and each subcontractor shall require its
employees who may directly contact suspect soil to
perform all activities in accordance with the HASP.
 Soil Management Procedures: Any soil that is
disturbed, excavated, or trenched due to on-site
construction activities shall be handled in accordance
with applicable local, state, and federal regulations.

Procedures to be included in the SMP should include
waste segregation, visual soil screening; stormwater
pollution controls; criteria for on-site reuse of soils; soil characterization and profiling requirements prior to
offsite transportation of excavated soil; measures to
prevent soil track-out; and soil import criteria (if
needed). An environmental monitor, an experienced
professional trained in the practice of the evaluation
Prior to any
ground
disturbance
activities
Applicant City of Brea
Fire
Department,
Community
Development
– Building &
Safety
Division, and
Public Works
Department

2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-4
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
and screening of soil for potential impacts working
under the direction of a licensed Geologist or
Engineer, shall be identified by the property owner
prior to the beginning of work.
 Identification and Management of Unanticipated
Conditions: The potential exists for encountering of
unanticipated contamination or features. The SMP
should include descriptions of possible indications of
contamination (i.e., suspect soil) that may be
observed and the appropriate response measures.

Potential conditions to be addressed should include,
at a minimum: soil staining; strong or unusual odors;
oily or shiny soil; unknown or unidentified liquids;
buried structures such as tanks, pipelines, sumps or
vaults; and existing or former wells including water
wells, monitoring wells, or oil wells. If the General
Contractor or subcontractor(s) encounter any
suspect soil, the General Contractor and
subcontractor(s) shall immediately stop work and
take measures to not further disturb the soils and
inform the property owner’s representative and the
environmental monitor. Procedures should be
included in the SMP to guide the environmental
monitor’s sampling and analysis for characterization
of suspect soil.
 Dust Management: Procedures to minimize
generation of fugitive dust during earthwork. Water or
other effective means shall be used to control dust
where drilling, excavating, stockpiling, or other dust
producing operations occur in accordance with
applicable local and state regulations.
 UST Removal Procedures: One existing abandoned
UST is present on-site and is planned for removal.

Additional unanticipated USTs may also be
encountered and require removal. All UST removals
should be performed in accordance with the Orange

2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-5
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
County Health Care Agency (OCHCA)
Environmental Health Division–Guidelines for the
Removal of Underground Storage Tanks. The SMP
should include a description of the applicable
OCHCA permitting and notification requirements,
soil/tank handling procedures, inspection and
reporting requirements.
 Documentation: Identify requirements for
documentation and tracking of soil characterization,
waste profiling, offsite transportation, disposal, and soil import, and soil import.

MM-HAZ2Prior to the issuance of the first building permit, the Applicant shall submit to the City of Brea Fire Department for review and approval plans demonstrating that the
required soil-gas mitigation system has been implemented in the Project design. In accordance with the Full Mitigation system requirement of the City of Brea Combustible SoilGas Guideline, the Project shall incorporate the following measures approved by the City of Brea during plan review:
• Below-grade passive venting equally spaced under
all foundation slabs with multiple vent risers.
• Vapor impermeable membrane under all
foundations.
• Utility dams at the edge of each foundation and
throughout Project area.
• All penetrations/voids in slabs sealed with an
expanding 50-yr. foam.
• Wye-seals in all dry utilities.

Prior to the
issuance of the
first building
permit
Applicant City of Brea
Fire
Department

2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-6
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
Public Services – Police Protection
PDF-PP-1 During construction, the Project will implement temporary security features, including security cameras, fencing, lighting, and locked entry to secure the Project Site during construction. During operation, the Project will include various security measures to ensure the safety and security of employees and the property, including exterior/interior cameras, motion sensors, a building intrusion alarm, and an access control system that would require employees to
utilize a badge at building entrances.

During
construction
activities
Applicant,
Construction
Contractor
City of Brea
Community
Development
Department –
Planning
Division
and/or
Building and
Safety
Division
Transportation
PDF-TR-1 The Project incorporates Transportation Demand Management (TDM) plan, which reduces vehicle trips and
vehicle miles traveled to and from the Project Site:
• Guaranteed Ride Home programs – Ride-share and
taxi rides for employees who carpool but need to
leave work unexpectedly.
• Carpool program promotions – Typically Waze
Carpool unless there is a local alternative.
• Carpool parking – Designated preferred parking
spaces for carpool vehicles.
• Bike racks / employee bike lockers.
• Showers.
• A designated employee transportation coordinator.

Prior to the
issuance of a
Certificate of
Occupancy
Applicant City of Brea
Community
Development
Department –
Planning
Division
PDF-TR-2 The Project includes the construction of new alternative pedestrian and bicycle connections between Surveyor
Avenue and Valencia Avenue, which would extend The
Tracks at Brea network. A separated bikeway and
pedestrian walkway will be constructed from the terminus of The Tracks at Brea along the Nasa Street Project frontage to the intersection of Valencia Avenue.

Prior to the
issuance of
final a
Certificate of
Occupancy
Applicant City of Brea
Community
Development
Department –
Planning
Division
and/or Public
Works
Department

2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-7
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
Tribal Cultural Resources
MM-TCR1Prior to commencement of any ground-disturbing activity at the Project Site, the Applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission
Indians – Kizh Nation – the tribe that consulted on this project pursuant to Assembly Bill 52 (the “Tribe” or the “Consulting Tribe”), and in concurrence with the City of Brea as the CEQA lead agency. A copy of the executed contract shall be submitted to the City of Brea Community
Development Department prior to the issuance of any permit necessary to commence a ground-disturbing activity. The tribal monitor will only be present on-site during the
construction phases that involve ground-disturbing
activities. Ground-disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or augering, grubbing, tree removals, boring, grading, excavation, drilling, and
trenching, at the Project Site. The Tribal monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The onsite monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Tribal representatives and Tribal monitor have indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural
Resources, construction activities shall cease in the
immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by Project activities shall be
evaluated by the qualified archaeologist and Tribal monitor.

If the resources are Native American in origin, the
Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are Prior to
commencement
of any grounddisturbing
activity
Applicant and
Qualified
Native
American
Monitor
City of Brea
Community
Development
Department –
Planning
Division
and/or
Building and
Safety
Division

2.0 MITIGATION MONITORING REQUIREMENTS
City of Brea DJT4 Parcel Delivery Facility Project
May 2025 Mitigation Monitoring and Reporting Program
2-8
Mitigation Measures and Project Design Features Timing
Responsible
Party
Monitoring
Party
Signature/Date
of Compliance
discovered or recognized at the Project Site, all ground disturbance shall immediately cease within 100 feet of
discovery, and the county coroner shall be notified per Public Resources Code Section (PRC) 5097.98, and Health & Safety Code Section 7050.5. Human remains and
grave/burial goods shall be treated alike per California PRC Section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section
15064.5(f)). If a non-Native American resource is
determined by the qualified archaeologist to constitute as a “historical resource” or “unique archaeological resource,” time allotment and funding sufficient to allow for
implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan
established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical
resources and PRC Section 21074(b) for unique
archaeological resources.

MM-TCR2 Discovery of Cultural Resources (not Native American in origin): Prior to commencement of any ground disturbing activity at the Project Site, the Applicant shall retain an archaeologist meeting the Secretary of the Interior’s
Professional Qualifications Standards for archaeology
(National Park Service [NPS] 1983). If cultural resources that are not Native American in origin are encountered
during ground-disturbing activities, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. If the discovery proves to be significant as determined by the site archaeologist, additional work such as data recovery excavation may be warranted and will be reported to the City.

Prior to
commencement
of any grounddisturbing
activity
Applicant and
Qualified
Archaeologist
and Project
City of Brea
Community
Development
Department –
Planning
Division
and/or
Building and
Safety
Division
DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
1 CEQA FINDINGS OF FACT

REGARDING THE

FINAL ENVIRONMENTAL IMPACT REPORT

FOR THE
DJT4 Parcel Delivery Facility Project
STATE CLEARINGHOUSE NO. 2023070241

EXHIBIT A
I. 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 proposed project pursuant to CEQA Guidelines Sections 15091 and 15093 and Public Resources Code (PRC) Section 21081. This document provides the findings required by CEQA. The potential environmental eƯects of the proposed DJT4 Parcel Delivery Facility Project (Project) have been analyzed in a Draft EIR (State Clearinghouse [SCH] 2023070241) dated November 2024. A Final EIR has also been prepared that incorporates the Draft EIR and contains comments received on the Draft EIR, responses to the public comments, revisions to the Draft EIR including any clarifications based on the comments and the responses to the comments, and the Mitigation Monitoring and Reporting Program (MMRP) for the Project. This document provides the findings required by CEQA for approval of the Project.

A. STATUTORY REQUIREMENTS FOR FINDINGS
CEQA (PRC Section 21000, et seq.) and the CEQA Guidelines (California Code of Regulations Section 15000, et seq.) require the environmental impacts of a project to be examined before a project is approved. Specifically, regarding findings, CEQA Guidelines Section 15091 provides that:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental eƯects of the project unless the public agency makes one or more written findings for each of those significant eƯects, 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 eƯect as identified in the final EIR.

ATTACHMENT N
DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
2 (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 agency.
(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 EIR. (b) The findings required by subdivision (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 eƯects. 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 CEQA Guidelines Section 15091(a)(1) above, that are required in, or incorporated into, the project which mitigate or avoid the significant environmental eƯects of the project, may include a wide variety of measures or actions as set forth in CEQA 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.

DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
3 (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, including through permanent protection of such resources in the form of conservation easements.

B. CERTIFICATION
Having received, reviewed, and considered the EIR for the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241), as well as other information in the record of proceedings on this matter, the City of Brea Planning Commission adopts the findings described herein in its capacity as the legislative body for the City of Brea (City), which is the CEQA lead agency.

The findings 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 Project.

In addition, the Planning Commission hereby makes findings pursuant to and in accordance with PRC Section 21081 and CEQA Guidelines Sections 15090 and 15091, and hereby certifies that:
(1) The final EIR has been completed in compliance with CEQA; (2) The final EIR was presented to the decision-making body of the lead agency, and that the decision-making body reviewed and considered the information contained in the final EIR prior to approving the project; and
(3) The final EIR reflects the lead agency‘s independent judgment and analysis.

C. PROJECT ENVIRONMENTAL REPORT AND DISCRETIONARY ACTIONS The Final EIR addresses the direct, indirect, and cumulative environmental eƯects of construction and operation activities associated with the Project. The Final EIR 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 Final EIR 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:

DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
4  Certify that the Final EIR for the Project has been completed in compliance with CEQA and reflects the independent judgement and analysis of the City; find that the Planning Commission has reviewed and considered the information contained in the Final EIR prior to approving the Project; adopt the MMRP, finding that the MMRP is adequately designed to ensure compliance with the mitigation measures during Project implementation; and determine that the significant adverse eƯects of the Project have been reduced to an acceptable level as outlined in this CEQA Findings of Fact.
 Approve the Project and related discretionary actions needed for Project construction and operation.

II. PROCEDURAL COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City published a Draft EIR on November 6, 2024. Subsequently, a Final EIR was prepared in compliance with CEQA requirements and published on May 2, 2025 on the City’s website.

The Final EIR has been prepared in accordance with CEQA and the CEQA Guidelines, as amended. As authorized in CEQA Guidelines Section 15084(d)(2), the City retained a consultant to assist with the preparation of the environmental documents. City staƯ from multiple departments, representing the lead agency, have directed, reviewed, and modified where appropriate all material prepared by the consultant. The Final EIR 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 eƯort was conducted to solicit input on the scope and content of the EIR and to solicit comments on the results of the environmental analysis presented in the Draft EIR.

A. PUBLIC NOTIFICATION AND OUTREACH
In conformance with CEQA, the CEQA Guidelines, and the City of Brea CEQA Guidelines, the City of Brea conducted an extensive environmental review of the Project, including:
 Completion and mailing of a Notice of Preparation (NOP) for a 30-day public review period from July 13, 2023 to August 11, 2023. The NOP was posted at the Orange County Clerk-Recorder, and was mailed to Responsible Agencies, Trustee Agencies, other interested parties, and property owners within a 500-foot radius of the Project Site. The notice for the public scoping meeting was published in the Brea StarProgress on July 13, 2023, and the meeting was held on July 24, 2023. The NOP was made available for public review on the City’s website.

DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
5  Preparation of a Draft EIR, which was made available for a 62-day public review period beginning November 6, 2024, and ending January 6, 2025. The scope of the Draft EIR 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. Chapter 5.0, Environmental Impact Analysis of the Draft EIR describes the issues identified for analysis in the Draft EIR. The Notice of Availability (NOA) for the Draft EIR was sent to Responsible Agencies, Trustee Agencies, other interested parties, and property owners within a 500-foot radius of the Project Site, submitted to the State Clearinghouse for posting on CEQAnet and distribution to public agencies, and posted on the City’s website. The NOA was also posted at the Orange County Clerk-Recorder and published in the Brea Star-Progress on October 30, 2024. Copies of the Draft EIR were also available at Brea City Hall (1 Civic Center Circle, 3rd Floor, Brea, CA 92821), Brea Library (1 Civic Center Circle, 1st Floor, Brea, CA 92821), and the Brea Community Center (695 Madison Way, Brea, CA 92821) for public review.
 Preparation of a Final EIR, which contains public comments on the Draft EIR, responses to those comments, revisions and clarifications to the Draft EIR, and appended documents.
 An informational Project introduction at the November 12, 2024 Planning Commission meeting.
 Public hearing on the Project, conducted by the Planning Commission.

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

B. FINAL ENVIRONMENTAL IMPACT REPORT AND PLANNING COMMISSION

PROCEEDINGS
The City prepared a Final EIR, which contains public comments on the Draft EIR, responses to those comments, revisions and clarifications to the Draft EIR, and appended documents.

A total of 17 comment letters were received. Five (5) comment letters were from agencies (South Coast Air Quality Management District [Letter Nos. 8 and 10], California Department of Transportation District 12 [Letter No. 11], City of Chino Hills [Letter No. 12], and Metropolitan Water District of Southern California [Letter No. 13]), five (5) comment letters were from organizations (Californians Allied for a Responsible Economy [Letter Nos. 9 and DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
6 17], Supporters Alliance for Environmental Responsibility [Letter No. 14], Sierra Club Angeles Chapter [Letter No. 15], and International Brotherhood of Teamsters [Letter No. 16]), and seven (7) comment letters were from residents of the City.

The Final EIR found that prior to mitigation, implementation of the Project would result in potentially significant impacts to Hazards and Hazardous Materials and Tribal Cultural Resources. However, implementation of mitigation measures (MMs) would avoid or reduce all of these impacts to less-than-significant levels.

Members of the public can view searchable agendas for scheduled Planning Commission meetings and access agenda-related City information and services directly on the following websites:
 https://www.cityofbrea.gov/522/Planning-Commission
 https://www.cityofbrea.gov/509/ Meeting-Agendas-Minutes The Final EIR document was posted for viewing and download with the previously posted Draft EIR prior to the City’s consideration of the Final EIR and Project recommendations on the City’s website (https://www.cityofbrea.gov/166/Projects-in-Process).

A date for consideration of the Final EIR and Project recommendations at Planning Commission was set for the Project, and notice of the meeting was provided consistent with the Brown Act (California Government Code Sections 54950 et seq.). The Planning Commission will take testimony on the Project and may continue it on its calendar to a subsequent meeting date at its discretion.

C. RECORD OF PROCEEDINGS
For the purposes of CEQA and these findings, the record of proceedings for the 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 Project.
 The Draft EIR and Final EIR for the Project.
 All written comments submitted by the public during the NOP period and during the scoping meeting.
 All written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR.

DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
7  All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft EIR.  All written and verbal public testimony presented during a noticed public hearing for the Project.
 The MMRP.
 The reports and technical memoranda included or referenced in the Final EIR.  All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR.
 The resolutions adopted by the City of Brea in connection with the 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 of Brea, 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 Community Development Department – Planning Division (1 Civic Center Circle, Brea, CA 92821). The City’s 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 oƯices of the Planning Division. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e).

E. PROJECT LOCATION
The Project is located at 275 Valencia Avenue on Assessor Parcel Numbers 320-233-17, 320- 301-11, and 320-301-12 (Project Site) in the City of Brea. The Project Site is bounded by Valencia Avenue to the east, Nasa Street to the south, Surveyor Avenue to the west, and adjacent industrial and oƯice uses to the north. Primary regional access to the Project Site is provided via Imperial Highway/State Route 90 approximately 0.2 miles to the south of the DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
8 Project Site and Carbon Canyon Road/State Route 142 approximately 0.4 miles to the north of the Project Site. Local access to the Project Site is provided via Valencia Avenue, Surveyor Avenue, E. Birch Street, Nasa Street, and Enterprise Street.

F. PROJECT OBJECTIVES
The objectives for the DJT4 Parcel Delivery Facility Project are listed below and will aid decision makers in their review of the Project and associated environmental impacts:
 Develop a parcel delivery facility with nearby access to freeways to eƯiciently facilitate the movement of goods.
 Develop a parcel delivery facility that complies with City of Brea development and zoning standards, including providing enclosed onsite parcel sorting, staging, and similar operational activities associated with the use.  Provide a productive use of currently underutilized industrial land to help meet the unmet regional demands for goods delivery services.
 Reduce the distances traveled for goods delivery to the City of Brea.  Expand economic development and facilitate job creation in the City of Brea, including hundreds of direct operational jobs and indirect jobs through the development and establishment of a new parcel delivery use.  Encourage cyclist and pedestrian safety in the City.
 Attract new businesses to the City of Brea and thereby maintain a jobs-housing balance in the area that will reduce the need for members of the local workforce to commute outside the area for employment.

G. PROJECT DESCRIPTION
The Project would demolish the existing 637,503-square-foot oƯice building and surface parking lot to construct a 181,500-square-foot parcel delivery facility, consisting of 163,350 square feet of warehouse and storage space and 18,150 square feet of ancillary oƯice space, on an approximate 31.6-acre site. The proposed facility would be a single-story building with a maximum height of 50 feet 4 inches (including architectural projections) and a floor area ratio of approximately 0.14:1. The Project would provide 1,065 vehicle parking spaces (304 automobile spaces, 757 delivery van spaces, and four [4] trailer spaces), 180 ancillary van loading spaces (90 loading spaces and 90 staging spaces), and 13 Utility Tractor Rig loading spaces to serve facility operations. The proposed facility would be generally located in the DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
9 center of the Project Site and flanked by loading areas and surrounded by vehicle parking.

The Project building would be located entirely within the Light Industrial (M-1) zone, and surface parking and drive aisles would be located within the M-1 and Mixed-Use II (MU-II) zoned portion of the Project Site.

Project operations would occur 24 hours per day, 7 days per week to support delivery of packages to customer locations. The Applicant anticipates up to 31 line haul trucks delivering packages to the Project Site each day during normal operations. Of the 31 anticipated line haul trucks, only up to 22 would operate between 10:00 p.m. and 7:00 a.m. during normal operations. In order to fulfill the employee need for the proposed facility, approximately 800 workers would be hired at the proposed facility; however, the total daily workers onsite would not exceed 673 workers.

III. FINDINGS AND FACTS REGARDING IMPACTS
A. FORMAT
CEQA Guidelines Section 15091 requires that a lead agency make a finding for each significant eƯect 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 Project, which were developed in an eƯort to reduce the remaining significant environmental impacts. All impacts are considered potentially significant prior to mitigation unless otherwise stated in the findings.

This section is divided into the following subsections:
 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 7.0, Other CEQA Considerations of the Draft EIR.  C, ISSUES DETERMINED TO BE NO IMPACT OR LESS THAN SIGNIFICANT WITHOUT MITIGATION IN THE EIR, presents environmental issues, as identified in Chapter 5.0, Environmental Impact Analysis of the Draft EIR, which would result in no impact or less than significant impacts.
 D, ISSUES DETERMINED TO BE MITIGATED TO LESS-THAN-SIGNIFICANT LEVELS IN THE EIR, presents significant impacts of the Project that were identified in the Draft EIR, the mitigation measures identified in the Draft EIR and MMRP, and the rationales for the findings.

DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
10  E, ISSUES DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE, presents the significant impacts identified in the Draft EIR that cannot be mitigated to a less-thansignificant level.  F, ALTERNATIVES TO THE PROJECT, presents alternatives to the Project and evaluates them in relation to the findings set forth in CEQA Guidelines Section 15091(a)(3), which allows a public agency to approve a project that would result in one or more significant environmental eƯects if the project alternatives are found to be infeasible because of specific economic, social, or other considerations.  G, RESPONSES TO COMMENTS ON THE DRAFT EIR AND REVISIONS TO THE DRAFT EIR, presents the City’s findings on the response to comments and revisions to Draft EIR provided in the Final EIR, and the decision on whether a recirculated Draft EIR is necessary 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 EIR process, a NOP was issued without an accompanying Initial Study. In accordance with CEQA Guidelines Section 15128, as described in Chapter 7.0, Other CEQA Considerations of the Draft EIR, the City concluded that Project impacts related to the following topical environmental issues would result in no impact or would be less than significant: Aesthetics, Agriculture and Forestry Resources, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services (Schools, Parks, Other Public Facilities), Recreation, Utilities and Service Systems, and Wildfire. 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. Aesthetics
The Project would not have a substantial adverse eƯect on a scenic vista and no impacts would occur. The Project would not substantially damage scenic resources within a state scenic highway and no impacts would occur. The Project is in an urbanized area and would not conflict with applicable zoning and other regulations governing scenic quality and impacts would be less than significant. The Project would not create a new source of substantial light or glare which would adversely aƯect day or nighttime views in the area, and impacts would be less than significant. (See Chapter 7.0, Section 7.5.1 of the Draft EIR) DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
11 2. Agricultural and Forestry Resources
The Project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use and no impacts would occur. The Project would not conflict with existing zoning for agricultural uses, or a Williamson Act contract and no impacts would occur. The Project would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production and no impacts would occur. The Project would not result in the loss of forest land or conversion of forest land to non-forest use and no impacts would occur. The Project would not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. (See Chapter 7.0, Section 7.5.2 of the Draft EIR)

3. Biological Resources
The Project would not have a substantial adverse eƯect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS), and no impacts would occur. The Project would not have a substantial adverse eƯect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by CDFW or USFWS, and no impacts would occur. The Project would not have a substantial adverse eƯect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means and no impacts would occur. The Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, and impacts would be less than significant. The Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, and no impacts would occur. The Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan, and no impacts would occur. (See Chapter 7.0, Section 7.5.3 of the Draft EIR) DJT4 Parcel Delivery Facility Project
CEQA Findings of Fact May 2025
12 4. Cultural Resources
The Project would not cause a substantial adverse change in the significance of a historical resource and impacts would be less than significant. The Project would not cause a substantial adverse change in the significance of an archaeological resource and impacts would be less than significant. While such impacts are less than significant, Mitigation Measure MM-TCR-2 related to tribal cultural resources would further minimize any potential impacts. The Project would not disturb any human remains, including those interred outside of dedicated cemeteries, and impacts would be less than significant. (See Chapter 7.0, Section 7.5.4 of the Draft EIR)

5. Geology and Soils
The Project would not cause potential substantial adverse eƯects, including the risk of loss, injury, or death involving rupture of a known earthquake fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; and/or landslides and impacts would be less than significant. The Project would not result in substantial soil erosion or the loss of topsoil and impacts would be less than significant. The Project would not be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or oƯ-site landslide, lateral spreading, subsidence, liquefaction or collapse, and impacts would be less than significant. The Project would not create substantial or indirect risks to life or property due to expansive soils, and impacts would be less significant. No septic systems or other alternative wastewater disposal systems would be necessary as part of the Project; therefore, no impacts would occur. The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature, and impacts would be less than significant. (See Chapter 7.0, Section 7.5.5 of the Draft EIR)

6. Hydrology and Water Quality
The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality, and impacts would be less than significant. The Project would not decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the basin and impacts would be less than significant. The Project would not substantially alter the existing drainage pattern of the site or area in a manner which would result in a substantial erosion or siltation on- or oƯ-site, increased rate or amount of surface runoƯ in a manner which would result in flooding on- or oƯsite; create or contribute runoƯ water which would provide substantial additional sources of polluted DJT4 Parcel Delivery Facility Project
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13 runoƯ; or impede or redirect flood flows. As such, impacts related to drainage at the Project Site would be less than significant. The Project would not result in release of pollutants due to Project inundation, and impacts would be less than significant. The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan, and impacts would be less than significant. (See Chapter

7.0, Section 7.5.6 of the Draft EIR)

7. Land Use and Planning
The Project would not physically divide an established community and impacts would be less than significant. The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental eƯect and impacts would be less than significant. (See Chapter

7.0, Section 7.5.7 of the Draft EIR)

8. Mineral Resources
The Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state, and no impacts would occur. The Project would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan, and no impacts would occur. (See Chapter 7.0, Section 7.5.8 of the Draft EIR)

9. Population and Housing
The Project would not induce substantial unplanned population growth in the City or displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere. As such, the Project would have no impact or a less than significant impact related to population and housing. (See Chapter 7.0, Section 7.5.9 of the Draft EIR)

10. Public Services (Schools, Parks, Other Public Facilities) The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered schools, parks, and library facilities, need for new or physically altered schools, parks, libraries, or other public facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives. Impacts related to these public services and facilities would be less than significant. (See Chapter 7.0, Section 7.5.10 of the Draft EIR)
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14 11. Recreation
The Project would not increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Further, the physical eƯects associated with the improvements to the Tracks at Brea are evaluated throughout the Draft EIR and no adverse physical eƯects related to the trail improvements have been identified. As such, the Project would have a less-thansignificant impact related to recreation. (See Chapter 7.0, Section 7.5.11 of the Draft EIR)

12. Utilities and Service Systems
The Project would not require or result in the relocation of new or expanded utility facilities, the construction or relocation of which could cause significant environmental eƯects, and impacts would be less than significant. The Project would be anticipated to have suƯicient water supplies available to serve the proposed uses during normal, dry, and multiple dry years, and impacts would be less than significant. The Project would be anticipated to result in a determination by Orange County Sanitation District that it has adequate capacity to serve the Project’s demand in addition to the provider’s existing commitments, and impacts would be less than significant. The Project would not generate solid waste in excess of state or local standards or capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals, and impacts would be less than significant. The Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste, and impacts would be less than significant. (See Chapter 7.0, Section

7.5.12 of the Draft EIR)

13. Wildfire
The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant. The Project would not exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, and impacts would be less than significant. The Project would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment, and impacts would be less than significant. The Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoƯ, post-fire slope instability, or drainage changes, and impacts would be less than significant. (See Chapter 7.0, Section

7.5.13 of the Draft EIR and Section 3.0, Clarifications and Revisions of the Final EIR) DJT4 Parcel Delivery Facility Project
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15 C. ISSUES DETERMINED TO BE NO IMPACT OR LESS THAN SIGNIFICANT WITHOUT

MITIGATION IN THE EIR
Based on the analyses provided in Chapter 5.0, Environmental Impact Analysis of the Draft EIR, the City determined that the Project would have less than significant impacts, including direct, indirect, and cumulative impacts, for the following environmental issues summarized below:
 Air Quality
 Energy
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Noise
 Public Services – Fire Protection
 Public Services – Police Protection
 Transportation
Although CEQA Guidelines Section 15091 only requires findings for impacts determined to be significant, the findings below are provided for the purpose of better understanding the full environmental scope of the Project.

1. Air Quality
Threshold 5.1(a): Would the project conflict with or obstruct implementation of the applicable air quality plan?
Impact Summary
As discussed in detail in Section 5.1, Air Quality of the Draft EIR, the Project would result in emissions that would be below the South Coast Air Quality Management District (SCAQMD) regional and localized thresholds during both construction and operations. Therefore, the Project would not result in an increase in the frequency or severity of existing air quality violations and would not have the potential to cause or aƯect a violation of the ambient air quality standards. Since the Project’s emissions would not exceed the SCAQMD regional thresholds for any criteria air pollutants, the Project would result in less-than-significant regional emission impacts and would not delay the timely attainment of air quality standards or AQMP emissions reductions. In addition, the Project would be consistent with the growth DJT4 Parcel Delivery Facility Project
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16 projections in SCAQMD’s 2022 Air Quality Management Plan (AQMP), comply with SCAQMD rules, and be consistent with the land use planning strategies in the 2022 AQMP. Given the Project’s compliance with regulatory thresholds and Southern California Association of Governments (SCAG) forecasts, the Project would not conflict with or obstruct implementation of the 2022 AQMP, and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to the implementation of the 2022 AQMP. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.1(b): Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
Impact Summary
As discussed in detail in Section 5.1, Air Quality of the Draft EIR, emissions generated during Project construction would not exceed the SCAQMD‘s regional thresholds of significance. In addition, the Project’s emissions would not exceed any SCAQMD thresholds for any criteria air pollutants during operation. Therefore, criteria pollutant emissions generated during Project construction and operation would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment under an applicable federal or state ambient air quality standard, and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to a cumulatively considerable net increase of any criteria pollutant. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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17 Threshold 5.1(c): Would the project expose sensitive receptors to substantial pollutant concentrations?
Impact Summary
As discussed in detail in Section 5.1, Air Quality of the Draft EIR, the Project-generated emissions during construction and operation would not exceed the SCAQMD localized significance thresholds. In addition, the Project’s cancer risk would be below the 10 in one million threshold and the Project’s non-cancer risk would below the chronic health hazard index threshold of 1.0 during Project operation and construction. Moreover, the Project would not generate traƯic volumes at any intersection that could result in a carbon monoxide hot spot. Therefore, the Project would not expose sensitive receptors to substantial pollutant concentrations, and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to exposure of sensitive receptors to substantial pollutant concentrations. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.1(d): Would the project result in other emissions (such as those leading to odors) adversely aƯecting a substantial number of people? Impact Summary
As discussed in detail in Section 5.1, Air Quality of the Draft EIR, the Project may generate objectionable odors in the form of diesel exhaust in the immediate vicinity of the site during construction. However, these emissions are short-term in nature, will rapidly dissipate and be diluted by the atmosphere downwind of the emission sources, and would be localized and generally confined to the construction area. In addition, the Project does not contain any of the land uses identified as typically associated with emissions of objectionable odors.

Therefore, the Project would not result in odor emissions that would adversely aƯect a substantial number of people and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to emissions adversely aƯecting a substantial number of people. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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18 2. Energy
Threshold 5.2(a): Would the project result in potentially significant environmental impact due to wasteful, ineƯicient, or unnecessary consumption of energy resources, during project construction or operation? Impact Summary
As discussed in detail in Section 5.2, Energy of the Draft EIR, Project construction would have a minimal eƯect on the local and regional electricity supplies and no impact on natural gas supplies, and additional capacity would not be required. Project construction would also have a minimal eƯect on the local and regional transportation fuel supplies and would not require additional capacity. Fuel energy and construction materials consumed during construction would not represent a significant demand on energy resources since energy conservation would occur during construction through compliance with federal and state regulations. The Project’s net operational electricity and natural gas consumption would be significantly below the California Energy Commission’s (CEC) energy consumption forecasts and would not require additional energy capacity or supplies. Compliance with the most current and applicable California Energy Code (Title 24) and California Green Building Standards (CALGreen) Code would also significantly reduce energy usage. In addition, the Project would not substantially increase Orange County’s annual automotive fuel consumption. The Project would shorten the length of delivery trips by absorbing some service areas that are located closer to the Project Site than to the other existing delivery stations that currently serve these service areas, thereby reducing the distance traveled by delivery vans across all delivery stations. The Project would also include electric vehicle (EV) parking spaces with electrical charging stations installed, EV capable stalls, and short- and long-term bicycle parking spaces, in compliance with CALGreen Code requirements, which would reduce petroleum fuel consumption, encourage, and support alternative modes of travel, and reduce vehicle miles traveled (VMT). Therefore, the Project would not result in excessive operational fuel consumption. As such, the Project would not cause wasteful, ineƯicient, and unnecessary consumption of energy resources during Project construction or operation and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to wasteful, ineƯicient, or unnecessary consumption of energy resources during Project construction or operation. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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19 Threshold 5.2(b): Would the project conflict with or obstruct a state or local plan for renewable energy or energy eƯiciency?
Impact Summary
Energy conservation policies, regulations, and plans relevant to the Project include the Corporate Average Fuel Economy Standards; California’s Renewables Portfolio Standard Program; the CEC’s Integrated Energy Policy Reports; Title 24 and CALGreen Code, which are adopted in their entirety in the Brea Green Building Standards Code and the Brea Energy Code; the California Air Resources Board’s Airborne Toxic Control Measure and In-Use OƯ Road Diesel Fueled Fleets Regulation; the Southern California Association of Governments’ 2020–2045 Regional Transportation Plan/Sustainable Community Strategy (RTP/SCS); and the City of Brea General Plan. As discussed in detail in Section 5.2, Energy of the Draft EIR, the Project would not conflict with or obstruct a state or local plan for renewable energy or energy eƯiciency and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to conflicts with or obstruction of a state or local plan for renewable energy or energy eƯiciency.

Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

3. Greenhouse Gas Emissions
Threshold 5.3(a): Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
Impact Summary
As discussed in detail in Section 5.3, Greenhouse Gas Emissions of the Draft EIR, the Project would result in an overall net reduction in greenhouse gas (GHG) emissions compared to baseline conditions. In addition, although not directly applicable to the Project because the City, not SCAQMD, is the lead agency for the Project, the Project’s net GHG emissions would not exceed SCAQMD’s bright line screening threshold of 10,000 metric tons of carbon dioxide equivalents (CO2e) annually for stationary source/industrial land uses. Therefore, the Project would not generate GHG emissions in a manner that may have a significant impact on the environment and impacts would be less than significant. However, the significance of the Project’s potential impacts regarding GHG emissions and climate change is not DJT4 Parcel Delivery Facility Project
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20 determined by the SCAQMD bright line screening threshold, but by the Project’s consistency with applicable plans, regulations, and policies as discussed in Threshold 5.3(b) below.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to Project-generated GHG emissions. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.3(b): Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Impact Summary
As discussed in detail in Section 5.3, Greenhouse Gas Emissions of the Draft EIR, the Project would be consistent with the GHG emissions reduction actions/strategies outlined in the State’s 2022 Scoping Plan Update and 2020-2045 RTP/SCS, as well as City of Brea regulations and policies. Therefore, the Project would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions and impacts would be less than significant. Furthermore, because the Project is consistent and does not conflict with these plans, policies, and regulations, the Project’s incremental increase in GHG emissions as described above under Threshold 5.3(a) would not result in a significant impact on the environment.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to conflicts with an applicable plan, policy or regulation adopted for the purpose of reducing GHG emissions. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

4. Hazards and Hazardous Materials
Threshold 5.4(a): Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Impact Summary
As discussed in detail in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, the transport, use, and disposal of construction-related hazardous materials would occur in accordance with applicable federal, state, and local regulations governing such activities.

DJT4 Parcel Delivery Facility Project
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21 As a result, construction activities would not create a significant hazard to the public or the environment. Long-term operation of the Project would involve the transport, storage, use, and disposal of limited quantities of hazardous materials related to parcel delivery facility operations, such as parcel arrival and dispatch, truck circulation, and landscape maintenance. However, these types of hazardous materials and the level of hazardous materials usage would be typical of other commercial, light warehousing, and storage uses.

The Project would not include the routine transport, use, or disposal of hazardous materials at volumes or concentrations that require special provisions, permits, or approvals, such as those required for heavy industrial land uses. Furthermore, the transport, use, storage, and disposal of operation-related hazardous materials would occur in accordance with applicable federal, state, and local regulations governing such activities. Therefore, potential impacts related to the routine transport, use, or disposal of hazardous materials during Project construction and operation would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to the creation of a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.4(d): Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, create a significant hazard to the public or the environment?
Impact Summary
As discussed in detail in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, based on the results of the environmental database search conducted for the Project Site, the Project is not located on a site included on a list of hazardous materials sites pursuant to Government Code Section 65962.5 and would not create a significant hazard to the public or the environment. No impacts would occur.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to a site which is included on a list of hazardous materials sites compiled pursuant to Government DJT4 Parcel Delivery Facility Project
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22 Code Section 65962.5. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.4(e): For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? Impact Summary
As discussed in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, the Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. As such, implementation of the Project would not result in a safety hazard or excessive noise for people residing or working within an airport land us plan area or within two miles of a public airport and there would be no impact.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to an airport land use plan, a public airport, or a public use airport. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.4(f): Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
Impact Summary
As discussed in detail in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, construction and operation of the Project would not prohibit the use of Carbon Canyon Road or State Route 57 as evacuation routes. The Project would utilize local roadways and exits such as the ingresses or egresses along Surveyor Avenue, Valencia Avenue, and/or Nasa Street in the event of evacuation during Project construction and operation. Additionally, the construction and operation of the Project would not require full lane closures or permanent obstruction of local roadways. Moreover, Project construction and operation would not impede local emergency management authorities from adjusting local evacuation routes, if necessary, during an emergency. The Project would also cooperate with the emergency response protocols established by the City’s Emergency Operations Plan and Brea Fire Department (Brea Fire), as needed, during construction and operation, and would be required to go through the City’s development review and permitting process and DJT4 Parcel Delivery Facility Project
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23 incorporate all applicable design and safety standards and regulations in the California Fire Code and the Brea City Code (BCC) to ensure that Project development does not interfere with the provision of local emergency services. Therefore, the Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan during construction and operation, and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to an adopted emergency response plan or emergency evacuation plan. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

5. Noise
Threshold 5.5(a): Would the project generate substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Impact Summary
As discussed in detail in Section 5.5, Noise of the Draft EIR, the Project’s construction noise is compared to the Federal Transit Administration’s (FTA) construction-related noise level standard of 80 dBA. Onsite noise generated as a result of Project operations is compared to City’s exterior residential noise standards described in the BCC Section 8.20.050. The increase in transportation-related noise is compared against the Federal Interagency Committee on Noise (FICON) recommendation for evaluating the impact of increased traƯic noise. Project’s onsite construction activities would not exceed the applicable FTA construction noise standard and the Project’s oƯsite construction trips would not result in a doubling of traƯic on the local transportation network that would increase traƯic noise by 3 dBA. The Project’s operational noise would not exceed the City’s 55 dBA exterior noise standard for daytime or the 50 dBA exterior noise standard for nighttime at any sensitive receptor location. In addition, Project-generated traƯic during operation would not result in an increase in traƯic noise along the Project area roadway segments that would exceed the applicable FICON noise standards. Therefore, the Project would not generate substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established by the City or the applicable standards of other agencies.

DJT4 Parcel Delivery Facility Project
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24 As such, the Project’s construction and operational noise impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.5(b): Would the project generate excessive groundborne vibration or groundborne noise levels?
Impact Summary
As discussed in detail in Section 5.5, Noise of the Draft EIR, the Project’s construction vibration is compared to the California Department of Transportation’s (Caltrans) recommended construction vibration standard of 0.3 inches per second peak particle velocity (PPV) with respect to the prevention of structural damage for older residential buildings. Operational vibration is compared to the City’s standard of 0.003 inches per second PPV provided in BCC Section 20.20.040. Increases in groundborne vibration levels attributable to the Project would be primarily associated with short-term constructionrelated activities. The calculated groundborne vibration levels associated with onsite construction activities would not exceed the Caltrans standard of 0.3 inches per second PPV) standard at the nearest structure of concern. Project operations would not include the use of any stationary equipment that would result in excessive vibration levels. However, during the Project’s normal daily operation, the Project would accommodate up to 31 line haul trucks, which would result in 62 heavy-duty truck trips a day. The vibration levels generated by the line haul trucks would not exceed the City’s standard of 0.003 inches per second PPV at the property line. Therefore, Project impacts related to groundborne vibration would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to excessive groundborne vibration or groundborne noise levels. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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25 Threshold 5.5(c): For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
Impact Summary
As discussed in Section 5.5, Noise of the Draft EIR, The Project Site is located approximately

7.72 miles northeast of the nearest airport, the Fullerton Municipal Airport, and is not within the planning area of the Fullerton Airport Environs Land Use Plan. Therefore, the Project would not expose employees or visitors to excessive airport noise levels and no impact would occur.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to a private airstrip, an airport land use plan, a public airport, or a public use airport. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

6. Public Services – Fire Protection
Threshold 5.6(a): Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for fire protection services?
Impact Summary
As discussed in detail in Section 5.6, Public Services – Fire Protection of the Draft EIR, Project construction activities would be temporary and intermittent and all demolition and construction activities would be subject to compliance with applicable state and local regulations for fire safety to reduce the risk of construction-related fires. In addition, compliance with the requirements of the City’s Public Works Department would ensure that emergency access to the Project Site would be maintained, and construction would not significantly increase Brea Fire response times. Furthermore, construction-related traƯic generated by the Project would not significantly aƯect Brea Fire response to the Project Site DJT4 Parcel Delivery Facility Project
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26 and vicinity as emergency vehicles have the ability to avoid traƯic through a variety of means, including the use of sirens to clear a path of travel or driving in the lanes of opposing traƯic.

Project implementation would not induce significant unplanned population growth to the area that would require fire protection services since no new residents would be generated.

Although fire protection services would still be required at the Project Site, the Project Site is already served by existing fire protection infrastructure (i.e., hydrants) and an increase in demand for fire protection services at the Project Site is not anticipated due to the reduced scale of uses and occupancy onsite. The Project design would also ensure that Brea Fire has adequate emergency access via fire apparatus access roads. In addition, the Project design would be required to comply with all applicable state and local regulations related to fire protection, including California Health and Safety Code Section 13000 et seq., and the Brea Building Code (BCC Chapter 15.08) and Brea Fire Code (BCC Chapter 16.04), which includes fuel modification requirements. Furthermore, the City is required by California Constitution Article XIII, Section 35 to provide adequate public safety services, including fire protection.

Therefore, the Project would not result in a need for new or expanded Brea Fire facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other Brea Fire performance standards, and impacts during construction and operation would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to the provision of or need for new or physically altered governmental facilities for fire protection services. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

7. Public Services – Police Protection
The Project would implement the following project design feature:

PDF-PP-1: During construction, the Project will implement temporary security features, including security cameras, fencing, lighting, and locked entry to secure the Project Site during construction. During operation, the Project will include various security measures to ensure the safety and security of employees and the property, including exterior/interior cameras, motion sensors, a building intrusion alarm, and an access control system that would require employees to utilize a badge at building entrances.

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27 Threshold 5.7(a): Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services?
Impact Summary
As discussed in detail in Section 5.7, Public Services – Police Protection of the Draft EIR, the daytime population generated at the Project Site during construction (i.e., construction workers) would be temporary in nature and construction of the Project would not generate a permanent onsite population that would substantially increase the service population of Brea Police Department (Brea PD). Nonetheless, construction sites can be sources of nuisances and hazards such as theft and vandalism, which could potentially increase demand for police protection services. The Applicant would implement temporary security features, including security cameras, fencing, lighting, and locked entry to secure the Project Site during construction, which would reduce the potential demand on police protection services at the Project Site during construction. During construction, compliance with the requirements of the City’s Public Works Department would ensure that emergency access to the Project Site would be maintained, and construction would not impede Brea PD from maintaining its response times. In addition, construction activities are temporary in nature and full access to all roadways to and within the Project Site would be restored upon completion of the Project. Furthermore, construction-related traƯic generated by the Project would not significantly aƯect Brea PD response to the Project Site and vicinity as emergency vehicles have the ability to avoid traƯic by using sirens to clear a path of travel or driving in the lanes of opposing traƯic.

Project implementation would not induce significant unplanned population growth to the area since no new residents would be generated. However, unlike existing uses, the Project operations would occur 24 hours per day, 7 days per week, thus potentially aƯecting demand for police services during late night and early morning hours. As such, in accordance with PDF-PP-1, the Project would include various security measures to ensure the safety and security of employees and the property 24-hours a day, which would reduce demand for police protection services at the Project Site. In addition, the Project would be required to pay dispatch impact fees, which would further reduce impacts related to police protection services. Moreover, the City is required by California Constitution Article XIII, Section 35 to provide adequate public safety services, including police protection. Therefore, the Project DJT4 Parcel Delivery Facility Project
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28 would not result in a need for new or expanded police facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other Brea PD performance standards, and impacts during construction and operation would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to the provision of or need for new or physically altered governmental facilities for police protection services. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

8. Transportation
The Project would implement the following project design features:

PDF-TR-1: The Project incorporates a Transportation Demand Management (TDM) plan, which reduces vehicle trips and vehicle miles traveled to and from the Project Site:
• Guaranteed Ride Home programs – Ride-share and taxi rides for employees who carpool but need to leave work unexpectedly. • Carpool program promotions – Typically Waze Carpool unless there is a local alternative.
• Carpool parking – Designated preferred parking spaces for carpool vehicles.
• Bike racks / employee bike lockers.
• Showers.
• A designated employee transportation coordinator.

PDF-TR-2: The Project includes the construction of new alternative pedestrian and bicycle connections between Surveyor Avenue and Valencia Avenue, which would extend The Tracks at Brea network. A separated bikeway and pedestrian walkway will be constructed from the terminus of The Tracks at Brea along the Nasa Street Project frontage to the intersection of Valencia Avenue.

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29 Threshold 5.8(a): Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
Impact Summary
The applicable programs, plans, ordinances, or policies that address the City’s circulation system include SCAG’s Connect SoCal 2024 and the City’s General Plan. Based on the detailed analysis provided in Section 5.8, Transportation of the Draft EIR, the Project is generally consistent with, and would not conflict with, the goals and policies of the Connect SoCal 2024 and the City’s General Plan. Therefore, the Project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to conflicts with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

Threshold 5.8(b): Would the project conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)?
Impact Summary
Based on the analysis provided Section 5.8, Transportation of the Draft EIR, the Project screens out of a full VMT analysis and can be concluded to have a less-than-significant transportation impact. In addition, the VMT generated by the proposed parcel delivery use would be substantially less than the VMT generated by the existing baseline condition (Bank of America). As such, the Project would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b).

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to conflicts or inconsistencies with CEQA Guidelines Section 15064.3(b). Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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30 Threshold 5.8(c): Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Impact Summary
As discussed in detail in Section 5.8, Transportation of the Draft EIR, the Project Site is located within an existing industrial area and the proposed light industrial use is consistent with the General Plan land use designation and zoning for the Project Site. Thus, the Project would not construct incompatible uses in the Project area. Sidewalks are limited along the Project frontage and surrounding area and trail and pedestrian connection between Surveyor Avenue and Valencia Avenue is needed. The Project would improve accessibility and safety by constructing a separated bikeway and pedestrian walkway to extend The Tracks at Brea along the Nasa Street Project frontage to the intersection of Valencia Avenue to connect the existing gap in The Tracks at Brea trail (see Project Design Feature PDF-TR-2).

The Project would also construct a sidewalk along the Valencia Avenue Project frontage.

Project construction would occur within the boundaries of the Project Site and within the rights-of-ways of the adjacent streets. If lane closures are necessary during Project construction, the Project would be required to submit a traƯic control plan and encroachment permit application to the City’s Public Works Department to ensure roadway safety during construction. All proposed modifications related to the driveway closures and the Project’s internal circulation would be required to comply with the applicable City of Brea Public Works Standard Plans and Specifications, which would ensure that the Project would not result in sharp curves, dangerous intersections, or other hazardous design features.

Additionally, the Project’s contribution to the queue length increase is considered relatively minor (less than one vehicle) and would not require improvements at the intersection.

Therefore, the Project would not substantially increase hazards due to geometric design feature or incompatible use and impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to hazards due to a geometric design feature or incompatible uses. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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31 Threshold 5.8(d): Would the project result in inadequate emergency access? Impact Summary
As discussed in detail in Section 5.8, Transportation of the Draft EIR, Project construction may result in temporary sidewalk and lane closures that could aƯect emergency access to the Project Site. However, full road closures would not occur and construction activities are temporary in nature and full access to all roadways to and within the Project Site would be restored upon completion of the Project. In the event of construction-related lane closures, the Project would also be required to submit a traƯic control plan and encroachment permit application to the City’s Public Works Department to ensure roadway safety and access during construction. In addition, Brea Fire and the Brea PD would be notified prior to the day on which work, traƯic detours, and/or street closures are scheduled to be performed on public right-of-way and the Project contractor would be required to maintain all signs, barricades and lights during construction activities. Upon Project completion and operation, access to the Project Site would be provided by six (6) driveways. All driveways would be required to comply with City design standards and the Project’s internal circulation would also be required to comply with the applicable City of Brea Public Works Standard Plans and Specifications to ensure that emergency access to and within the Project Site would be maintained. Furthermore, Project-generated traƯic would not exceed the City’s level of service thresholds at any of the study intersections and no improvements are recommended. Thus, Project traƯic would not create congestion on the roadways that could substantially impede emergency vehicle access to the Project Site and the surrounding vicinity. As such, the Project construction and operation would not result in inadequate emergency access to the Project Site and the Project vicinity. As such, impacts would be less than significant.

Finding
The Project would have no significant direct, indirect, or cumulative impacts related to inadequate emergency access. Accordingly, no changes or alterations to the Project were required to avoid or substantially lessen any significant environmental impacts.

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32 D. ISSUES DETERMINED TO BE MITIGATED TO LESS-THAN-SIGNIFICANT LEVELS IN

THE EIR
Based on the analyses provided in Chapter 5.0, Environmental Impact Analysis of the Draft EIR, the City determined that the Project would result in significant adverse impacts without mitigation for the environmental issues summarized below. Upon implementation of the mitigation measures provided in the EIR, these impacts would be considered less than significant.

1. Hazards and Hazardous Materials
Threshold 5.4(b): Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Impact Summary
As discussed in detail in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, demolition activities may reveal asbestos-containing materials (ACM) or lead-based paint (LBP) based on the age of the building. As such, in the case of discovery of ACM or LBP, these materials would be remediated or abated in accordance with all applicable federal and state regulations regarding the disturbance, handling, and disposal of materials containing ACM and LBP. In addition, an abandoned underground storage tank (UST) was identified as a recognized environmental condition (REC) for the Project Site and the sampling and field screening conducted for the Project detected elevated concentrations of benzene, chloroform, and methane within the Project Site. Although the contamination is not indicative of a release from the abandoned UST and no further assessment is warranted, the potential for encountering unanticipated contamination or features exists. Thus, implementation of a Soil Management Plan (SMP) to provide guidance and procedures for proper soil handling and UST removal during ground-disturbing activities is recommended.

Construction of the Project would involve ground-disturbing activities, including excavation, that could encounter potentially hazardous and contaminated soils. Therefore, construction of the Project has the potential to create a significant hazard to the public or the environment and impacts would be potentially significant without mitigation. Operation of the Project may also result in significant hazards due to potential soil-gas vapor intrusion from the elevated levels of methane detected on the Project Site. Therefore, based on the above, Project operation has the potential to create a significant hazard to the public or the environment and impacts would be potentially significant before mitigation.

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33 Project Design Features
No specific project design features are proposed.

Mitigation Measures
MM-HAZ-1 Prior to the commencement of any ground-disturbing activities, the Project Applicant shall develop a Soil Management Plan (SMP) and submit the SMP to the City’s Fire Department, Building & Safety Division, and Public Works Department for review and approval. The SMP would include the following elements:
• Project Site Description: Description of general on-site conditions, soil types, and identification of prior on-site testing results, constituents of concern, and possible residual contaminants and suspected materials. • Health and Safety Measures: No soil disturbance or excavation activities shall be performed by any contractor without a site-specific Health and Safety Plan (HASP) that complies with applicable occupational health and safety standards. The HASP should specify appropriate levels of personal protective equipment (PPE), as well as monitoring criteria for increasing the level of PPE. The General Contractor and each subcontractor shall require its employees who may directly contact suspect soil to perform all activities in accordance with the HASP.
• Soil Management Procedures: Any soil that is disturbed, excavated, or trenched due to on-site construction activities shall be handled in accordance with applicable local, state, and federal regulations.

Procedures to be included in the SMP should include: waste segregation, visual soil screening; stormwater pollution controls; criteria for on-site reuse of soils; soil characterization and profiling requirements prior to oƯsite transportation of excavated soil; measures to prevent soil track-out; and soil import criteria (if needed). An environmental monitor, an experienced professional trained in the practice of the evaluation and screening of soil for potential impacts working under the direction of a licensed Geologist or Engineer, shall be identified by the property owner prior to the beginning of work.
• Identification and Management of Unanticipated Conditions: The potential exists for encountering of unanticipated contamination or features. The SMP should include descriptions of possible indications of DJT4 Parcel Delivery Facility Project
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34 contamination (i.e., suspect soil) that may be observed and the appropriate response measures. Potential conditions to be addressed should include, at a minimum: soil staining; strong or unusual odors; oily or shiny soil; unknown or unidentified liquids; buried structures such as tanks, pipelines, sumps or vaults; and existing or former wells including water wells, monitoring wells, or oil wells. If the General Contractor or subcontractor(s) encounter any suspect soil, the General Contractor and subcontractor(s) shall immediately stop work and take measures to not further disturb the soils and inform the property owner’s representative and the environmental monitor. Procedures should be included in the SMP to guide the environmental monitor’s sampling and analysis for characterization of suspect soil.
• Dust Management: Procedures to minimize generation of fugitive dust during earthwork. Water or other eƯective means shall be used to control dust where drilling, excavating, stockpiling, or other dust producing operations occur in accordance with applicable local and state regulations.
• UST Removal Procedures: One existing abandoned UST is present on-site and is planned for removal. Additional unanticipated USTs may also be encountered and require removal. All UST removals should be performed in accordance with the Orange County Health Care Agency (OCHCA) Environmental Health Division–Guidelines for the Removal of Underground Storage Tanks. The SMP should include a description of the applicable OCHCA permitting and notification requirements, soil/tank handling procedures, inspection and reporting requirements. • Documentation: Identify requirements for documentation and tracking of soil characterization, waste profiling, oƯsite transportation, disposal, and soil import, and soil import.

MM-HAZ-2 Prior to the issuance of first building permit, the Project Applicant shall submit to the City of Brea Fire Department for review and approval plans demonstrating that the required soil-gas mitigation system has been implemented in the Project design. In accordance with the Full Mitigation system requirement of the City of Brea Combustible Soil-Gas Guideline, the Project shall incorporate the following measures approved by the City of Brea during plan review:

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35 • Below-grade passive venting equally spaced under all foundation slabs with multiple vent risers.
• Vapor impermeable membrane under all foundations.
• Utility dams at the edge of each foundation and throughout Project area. • All penetrations/voids in slabs sealed with an expanding 50-yr. foam. • Wye-seals in all dry utilities.

Finding
Pursuant to Public Resources Code Section 21081(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental eƯect as identified in the Final EIR. These changes are identified in the form of the mitigation measures above. The City hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted.

Rationale for Finding
While the potential for encountering unanticipated contamination or features exists, the identified mitigation measures avoid the potential significant environmental eƯect.

Mitigation Measure MM-HAZ-1 requires the development and implementation of an SMP with specific protocols for the identification, handling, and disposal of any contaminated soils encountered during Project construction. Thus, the SMP reduced the potential for Project construction to create a significant hazard to the public or the environment related to soil contamination to a less-than-significant level. Separately, Mitigation Measure MMHAZ-2 requires the Project to implement a soil-gas mitigation system as approved through Brea Fire review . The mitigation system design will apply the City of Brea Combustible SoilGas Guideline to address the potential for soil-gas vapor intrusion within the Project Site.

Implementation of Mitigation Measures MM-HAZ-1 and MM-HAZ-2 would reduce potential impacts related to the release of hazardous materials to less-than-significant levels.

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36 Threshold 5.4(c): Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? Impact Summary
As discussed in detail in Section 5.4, Hazards and Hazardous Materials of the Draft EIR, the Project Site is located approximately 0.2 miles southeast of Olinda Elementary School. The Project would only involve the routine transport, use, and disposal of limited quantities of construction-related hazardous materials and all handling and disposal of hazardous materials would be regulated by local, state, and federal laws enforced by authorized agencies. However, Project construction has the potential to encounter contaminated soils during ground-disturbing activities and may require the handling and disposal of contaminated soils near Olinda Elementary School and impacts would be potentially significant before mitigation.

Long-term operation of the Project would involve the limited transport, storage, use, and disposal of limited quantities of hazardous materials typically related to parcel delivery facility operations and such materials would be consistent with other potentially hazardous materials currently used in the vicinity of the Project Site. The Project would not involve the development of an industrial use that would emit large amounts of chemicals or acutely hazardous materials. All materials used during operation of the Project would be used in accordance with the manufacturers’ instructions and handled and disposed of in compliance with applicable federal, state, and local regulations. Therefore, impacts related to the emission or handling of hazardous materials, substances, or waste within 0.25-mile of Olinda Elementary School during operation of the Project would be less than significant.

Project Design Features
No specific project design features are proposed.

Mitigation Measures
See Mitigation Measure MM-HAZ-1 above.

Finding
Pursuant to Public Resources Code Section 21081(a)(1), the City finds that changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental eƯect as identified in the Final EIR. These changes are identified in the form of the mitigation measure above. The City hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted.

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37 Rationale for Finding
Project construction has the potential to encounter contaminated soils during grounddisturbing activities and may require the handling and disposal of contaminated soils near Olinda Elementary School. Because of this, the Project will implement Mitigation Measure MM-HAZ-1, which requires the development of an SMP. Implementation of Mitigation Measure MM-HAZ-1 would reduce potential construction impacts related to hazardous emissions or handling of hazardous materials, substances, or waste within 0.25-mile of Olinda Elementary School to a less-than-significant level.

2. Tribal Cultural Resources
Threshold 5.9(a): Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k), or
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Impact Summary
As discussed in detail in Section 5.9, Tribal Cultural Resources of the Draft EIR, although the results of the records search did not identify any known cultural resources within the Project Site and no historic archaeological resources have been previously recorded within the Project Site, the Project Site is potentially sensitive for archaeological resources. The Gabrieleño Band of Mission Indians – Kizh Nation responded to the City’s Assembly Bill (AB) 52 notification letter with a request for consultation. However, no known tribal cultural resources, as defined in PRC Section 21074(a)(1), or resources determined by the City in its DJT4 Parcel Delivery Facility Project
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38 discretion and supported by substantial evidence to be significant pursuant to PRC Section 5024.1 have been identified within the Project Site as a result of AB 52 consultation. In addition, the Native American Heritage Commission Sacred Lands File search was negative.

Nevertheless, based on the results of the consultation, there is potential for grounddisturbing activities during Project construction to uncover tribal cultural resources within the Project Site. Therefore, the Project has the potential to cause a substantial adverse change in the significance of an unknown tribal cultural resource and impacts would be potentially significant before mitigation.

Project Design Features
No specific project design features are proposed.

Mitigation Measures
MM-TCR-1: Prior to commencement of any ground-disturbing activity at the Project Site, the Applicant shall retain a Native American Monitor approved by the Gabrieleño Band of Mission Indians – Kizh Nation – the tribe that consulted on this project pursuant to Assembly Bill 52 (the “Tribe” or the “Consulting Tribe”), and in concurrence with the City of Brea as the CEQA lead agency. A copy of the executed contract shall be submitted to the City of Brea Community Development Department prior to the issuance of any permit necessary to commence a ground-disturbing activity. The tribal monitor will only be present onsite during the construction phases that involve ground-disturbing activities. Ground-disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or augering, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, at the Project Site. The Tribal monitor will complete daily monitoring logs that will provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified.

The on-site monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Tribal representatives and Tribal monitor have indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources.

Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by Project activities shall be evaluated by the qualified archaeologist and Tribal monitor. If the resources are Native American in origin, the Consulting Tribe DJT4 Parcel Delivery Facility Project
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39 will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease within 100 feet of discovery, and the county coroner shall be notified per Public Resources Code Section (PRC) 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California PRC Section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5(f)). If a non-Native American resource is determined by the qualified archaeologist to constitute as a “historical resource” or “unique archaeological resource,” time allotment and funding suƯicient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Section 21074(b) for unique archaeological resources.

MM-TCR-2: Discovery of Cultural Resources (not Native American in origin): Prior to commencement of any ground-disturbing activity at the Project Site, the Applicant shall retain an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for archaeology (National Park Service [NPS] 1983). If cultural resources that are not Native American in origin are encountered during ground-disturbing activities, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. If the discovery proves to be significant as determined by the site archaeologist, additional work such as data recovery excavation may be warranted and will be reported to the City.

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40 Rationale for Finding
Since there is the potential for ground-disturbing activities during Project construction to uncover tribal cultural resources within the Project Site, the Project would implement Mitigation Measures MM-TCR-1 and MM-TCR-2 to reduce potentially significant impacts to tribal cultural resources during construction to a less-than-significant level. Mitigation Measure MM TCR-1 would require a Native American monitor to be retained prior to grounddisturbing activities to ensure that any discovery of tribal cultural resources is treated in a manner that is deemed appropriate by the Gabrieleño Band of Mission Indians – Kizh Nation.

Mitigation Measure MM-TCR-2 would require a qualified archaeologist to be retained prior to ground-disturbing in the event that cultural resources that are not Native American in origin are discovered to ensure that any discovery of archaeological resources are assessed and handled appropriately.

E. ISSUES DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE
The EIR did not identify any significant and unavoidable impacts for the Project.

F. ALTERNATIVES TO THE PROJECT
CEQA requires that an EIR analyze a reasonable range of feasible alternatives that could substantially reduce or avoid the significant impacts of a project while also meeting the project’s basic objectives (PRC Section 21002.1). Accordingly, the discussion of alternatives shall focus on alternatives to a project or its location which are capable of avoiding or substantially reducing any significant eƯects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly.

The alternative analysis included in the EIR, therefore, identified a reasonable range of Project alternatives focused on avoiding or substantially reducing the Project’s significant impacts.

1. Summary of Findings
Based upon the following analysis, the City finds, pursuant to CEQA Guidelines Section 15096(g)(2), that no feasible alternative will substantially lessen any significant eƯect of the Project, reduce the significant unavoidable impacts of the Project to a level that is less than significant, or avoid any significant eƯect the Project would have on the environment.

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41 2. Project Objectives
 Objective 1: Develop a parcel delivery facility with nearby access to freeways to eƯiciently facilitate the movement of goods.
 Objective 2: Develop a parcel delivery facility that complies with City of Brea development and zoning standards, including providing enclosed onsite parcel sorting, staging, and similar operational activities associated with the use.  Objective 3: Provide a productive use of currently underutilized industrial land to help meet the unmet regional demands for goods delivery services.  Objective 4: Reduce the distances traveled for goods delivery to the City of Brea.  Objective 5: Expand economic development and facilitate job creation in the City of Brea, including hundreds of direct operational jobs and indirect jobs through the development and establishment of a new parcel delivery use.  Objective 6: Encourage cyclist and pedestrian safety in the City.  Objective 7: Attract new businesses to the City of Brea and thereby maintain a jobs-housing balance in the area that will reduce the need for members of the local workforce to commute outside the area for employment.

3. Alternatives Considered and Rejected
The following is a discussion of the alternatives considered during the scoping and planning process and the reasons why they were not selected for detailed analysis in the EIR.

Alternative Locations
Feasible alternative sites for the Project must be designated and zoned for industrial use in the City of Brea, in close proximity to a freeway, and large enough to support the operation of a parcel delivery facility. Based on a review of the City of Brea General Plan and zoning map, approximately 12 percent of the City’s land is designated and zoned for industrial uses.

While many of these other industrial-zoned parcels would have similar access to the freeway as the Project Site, none are unoccupied or large enough to support a parcel delivery facility.

Moreover, the Applicant does not own, control, or have access to any other industrial-zoned parcels within the City that could support a parcel delivery facility. Therefore, the development of the Project at an alternative location would not be feasible and is rejected for further consideration.

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42 Alternative Uses
Pursuant to CEQA Guidelines Section 15126.6(f), the EIR need only consider alternatives that could feasibly attain most of the basic objectives of the project. Development of the Project Site with residential or oƯice-only uses would not attain the basic Project objectives.

Specifically, alternative uses would not meet the objectives related to the development of a parcel delivery facility. Moreover, residential or oƯice uses would not help meet the regional demands for good delivery services or reduce the distances traveled for good delivery.

Although oƯice uses could partially meet the objective to attract new businesses to the City and reduce the need for members of the local workforce to commute outside the area for employment, residential uses would not meet this objective. Thus, alternative uses for the Project Site are rejected from further consideration.

4. Alternatives Selected for Further Analysis
Alternative 1: No Project/No Build Alternative
Alternative 1, the No Project/No Build Alternative, assumes that the existing 637,503-squarefoot building would be reoccupied for oƯice uses, consistent with the previously established land use for the project site. This alternative would not require demolition or construction activities as no warehouse would be built. Alternative 1 would have a daily maximum of 2,075 employees onsite.

Impact Summary: Alternative 1 would result in greater impacts related to operational regional and localized air emissions, operational energy consumption, operational GHG emissions, operational demand for fire and police protection services, and VMT when compared to the Project. All other impacts under this alternative would be less than or similar to the Project.

Finding: Pursuant to Public Resources Code Section 21081(a)(3), the City finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible this alternative for the reasons identified in the Final EIR.

Rationale for Finding: Alternative 1 was rejected because it would not meet the underlying purpose of the Project to construct a parcel delivery facility. Although Alternative 1 would attract new businesses to the City (Objective 1), it would not achieve six of the seven Project objectives (Objectives 1 through 6).

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43 Alternative 2: Reduced Project Alternative
Alternative 2, the Reduced Project Alternative, would reduce the Project’s building square footage and delivery operations by 15 percent. Total building square footage for the proposed parcel delivery facility would be 154,275 square feet, which would be comprised of 138,848 square feet of merchandise warehouse space and 15,427 square feet of ancillary oƯice space. As a result of this reduction in building square footage, this alternative would involve some outdoor activities, such as product staging prior to loading. This outdoor activity would require additional discretionary approval from the City, given the limitations in the City’s municipal code for such outdoor activity. Alternative 2 would have a daily maximum of 572 employees onsite.

Impact Summary: Alternative 2 would result in similar or less impacts compared to the Project, except for the potentially greater noise impacts resulting from outdoor operational activities such as parcel staging. Due to the reduced size, Alternative 2 would not provide all parcel staging and similar activities in enclosed spaces; thus, Alternative 2 would result in an inconsistency with the City’s development and zoning standards.

Rationale for Finding: Although Alternative 2, would achieve six of the seven Project objectives (Objectives 1, 3, 4, 5, 6, and 7), it would not provide all parcel stating and similar activities in enclosed spaces (Objective 2) due to the reduced size. Furthermore, Alternative 2 would not avoid any of the significant impacts of the Project and would result in greater impacts related to noise and land use. For these reasons, this alternative is rejected.

Alternative 3: Adaptive Reuse of the Existing Building Alternative Alternative 3, the Adaptive Reuse of Existing Building Alternative, would repurpose the existing building to accommodate the proposed parcel delivery facility. The ground floor of the existing building, which is approximately 163,000 square feet, would be utilized as merchandise warehouse space and the upper floors comprising approximately 474,503 square feet would be occupied by oƯice uses. Alternative 3 would have a daily maximum of 2,218 employees onsite.

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44 Impact Summary: Alternative 3 would result in greater impacts related to operational regional and localized air emissions, operational energy consumption, operational GHG emissions, operational oƯ-site noise (traƯic) levels, operational demand for fire and police protection services, and VMT. All other impacts would be less than or similar to the Project.

Rationale for Finding: Implementation of Alternative 3 achieve all of the Project objectives.

However, Alternative 2 would result in greater environmental impacts than the Project related to operational regional and localized air emissions, operational energy consumption, operational GHG emissions, operational oƯ-site noise (traƯic) levels, operational demand for fire and police protection services, and VMT. For these reasons, this alternative is rejected.

G. RESPONSES TO COMMENTS ON THE DRAFT EIR AND REVISIONS TO THE DRAFT EIR
The Final EIR contains response to comments, and revisions and clarifications to the Draft EIR. The focus of the response to comments is on the disposition of significant environmental issues as raised in the comments, as specified by CEQA Guidelines Section 15088(b). The City provided written responses to each comment made by public agencies, organizations, and individuals in Section 2.0 of the Final EIR pursuant to CEQA Guidelines Section 15088(b), and revisions and clarifications to the Draft EIR are found in Section 3.0 of the Final EIR.

CEQA requires that a lead agency recirculate an EIR when significant new information is added to the EIR after public notice is given of the availability of the draft EIR for public review, but before certification. “Information” includes changes in the proposed project.

Recirculation is not required where the new information added to the EIR merely clarifies, amplifies, or makes insignificant modifications in an adequate EIR.

New information is not considered significant unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental eƯect of the proposed project or a feasible way to mitigate or avoid such an eƯect. “Significant new information” includes a disclosure showing that:

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45  A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented;
 A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance;  A feasible project alternative or mitigation measure considerably diƯerent from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; or  The draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded.

The City evaluated the comments on environmental issues received from individuals, organizations, and agencies who reviewed the Draft EIR. In accordance with CEQA, the City prepared written responses describing the disposition of significant environmental issues raised. The written responses contained in the Final EIR fully considered and responded to comments claiming that the Project would have significant impacts or more severe impacts not disclosed in the Draft EIR and the responses to comments are supported by substantial evidence in the record. The City reviewed the comments received and responses thereto and has determined that neither the comments received nor the responses to such comments add significant new information to the EIR. Therefore, the City has determined that recirculation of the EIR is not required.

Since the Draft EIR was circulated, minor revisions and clarifications were made to the Draft EIR. In certain instances, textual clarifications were requested by the persons who reviewed the Draft EIR in their comment letter. In addition, there were minor changes to the site plan for the Project. These changes resulted in a reduction of the building height and an increase in the number of trees provided, including trees along Valencia Avenue that would provide additional screening. The TraƯic Impact Assessment is also included in the Final EIR for informational purposes. The City has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the Draft EIR for further public comment under CEQA Guidelines Section 15088.5. None of this new material indicates that the Project would result in a significant new environmental impact not previously disclosed in the Draft EIR. 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 CEQA Guidelines Section 15088.5.

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CEQA Findings of Fact May 2025
46 IV. STATEMENT OF OVERRIDING CONSIDERATIONS
CEQA requires decision makers to balance the benefits of the Project against its unavoidable environmental risks when determining whether to approve the Project. If the benefits of the Project outweigh the unavoidable adverse eƯects, those eƯects may be considered “acceptable” pursuant to CEQA Guidelines Section 15093(a). CEQA requires the lead agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. As stated in CEQA Guidelines Section 15093 (b), such reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record. The lead agency’s statement is referred to as a Statement of Overriding Considerations.

Because the Project would not result in any significant and unavoidable impacts, as substantiated in the Draft EIR and Final EIR, the adoption of a Statement of Overriding Considerations is not warranted and does not apply to the proposed Project.

ATTACHMENT O
www.accoc.org
25108 Marguerite Pkwy Ste A225
Mission Viejo, CA 92692
714-953-1300
To: Jessica Newton, Senior Planner <[email protected]> City of Brea Community Development Department
1 Civic Center Circle
Brea, CA 92821
The Association of California Cities – Orange County (ACC-OC) represents the regional policy needs of Orange County cities and special districts. Collectively, our members provide services to up to 3.2 million people and work across county borders on a multitude of public policy issues. ACC-OC is pleased to express its strong support for the approval of Amazon's DJT4 parcel delivery station facility at 275 Valencia Avenue in the City of Brea.

This state-of-the-art and energy-efficient delivery station will serve the local Brea community in several meaningful ways:
• Over 60% of the items sold on Amazon.com are from small and medium-sized businesses, many of which are based in Brea. This facility will support these local firms by enabling more efficient delivery of goods they purchase on Amazon to support their operations. • Amazon's acquisition of this previously underutilized property in 2021 was one of Brea's largest commercial real estate transactions to date, contributing significant new property tax revenue to the local community.
• The delivery station's operations are designed to avoid morning and evening peak traffic times, and the Environmental Impact Report found less than significant impacts with adequate mitigations.
• The project will also extend the Tracks at Brea bicycle and pedestrian paths, helping to connect a portion of the existing gap in the Orange County (OC) Loop.

Amazon has become a valuable member of the Brea and Orange County business community:
• They have supported local organizations like the Brea Rotary Club and Women Rising Leadership Academy, and sponsored community events like the upcoming Taste of Brea. • Amazon joined the Brea Chamber of Commerce Board of Directors, helping to further elevate the Chamber's impact, and has for many years promoted the economic prosperity of Orange County as a member of the Board of Directors for the Orange County Business Council (OCBC) and as a member of the Association of California Cities - Orange County (ACC-OC).

This delivery station will create hundreds of local jobs for Brea residents, offering great benefits from day one:
• Amazon employees receive comprehensive healthcare coverage, paid parental leave, retirement savings plans, and access to career upskilling programs like language classes, apprenticeships, and the Career Choice program that pre-pays college tuition.

ATTACHMENT P
www.accoc.org
25108 Marguerite Pkwy Ste A225
Mission Viejo, CA 92692
714-953-1300
ACC-OC strongly recommends that the Planning Commission vote to approve Amazon's DJT4 parcel delivery station project. This facility will be a valuable addition to Brea and North Orange County, supporting local businesses, creating quality jobs, and enhancing the community's reputation as a great place for companies like Amazon to operate successfully for years to come.

Sincerely,
Kris Murray
Executive Director
Association of California Cities – Orange County
Minutes for the Planning Commission
1 Civic Center Circle
Brea, California 92821
May 13, 2025
Roll Call: ( The following members were in attendance)
Melanie Schlotterbeck, Planning Commission Chair
Blake Perez, Planning Commission Vice Chair
Tom Donini, Planning Commissioner
Ted Gribble, Planning Commissioner
Bill Madden, Planning Commissioner

1. GENERAL SESSION

1. A. CaII to Order/ Roll Call - Commission
Chair Schlotterbeck called the meeting to order at 6:07 p. m.

1. B. Invocation
Pastor Crockett provided the invocation from Crosspointe Church

1. C. Pledge of Allegiance
Commissioner Donini led the Pledge of Allegiance.

1. D. Matters from the Audience
No speakers came down to the podium.

City Planner, Joanne Hwang noted staff received seven total written comments for Item 3B, which have been provided to the commissioners and the public.

2. CONSENT CALENDAR

2. B. April 22, 2025 Planning Commission Meeting Minutes Motion was made by Commissioner Donini and seconded by Commissioner Madden to approve the consent calendar. Motion passed 5- 0.

3. PUBLIC HEARINGS

ATTACHMENT K

3. A. Conditional Use Permit Nos. 2025- 02 and 2025- 03, Plan Review 2025- 01 Esteban Rubiano, Assistant Planner, provided a presentation of the project.

The Planning Commission asked questions regarding the following topics:

Clarification on the facade improvement ( i. e. additional square footage and the enclosure of the walkway of the side entrance)
Type 47 license status and how it fits in the allotted number of type 47 licenses for the surrounding geographic area
Condition of Approval # 10 regarding amplified music ( inside vs. outside) Potential impact on the Ash Street Cottages from the proposed pylon sign and the associated illumination
Potential for requiring a line of sight analysis for the pylon sign Public noticing to the apartment tenants
Hours for the alcohol service
Monitoring and regulation applicable for alcohol service Location of parking and current usage of the parking structures The movement of alcohol throughout the building
Monitoring of unruly customers in the facility and security measures Monitoring of patrons, including underaged individuals
Assistant Planner Rubiano and City Planner Hwang responded to the commissioners' questions.

Chair Schlotterbeck opened the Public Hearing and invited the applicant to speak.

Project applicant, Mike Gray, introduced himself and the project' s Operations Director, Mike Runyan, and responded to the Commissioner' s questions.

Chair Schlotterbeck then opened the floor for public comments.

The following member of the public shared concerns of the project:

Laurie Hobbs
The following member of the public spoke in support of the project Dwight Manley
The Commission requested clarification on the following.

Sign illumination
Operating hours of the sign
The line of sight analysis
A member of the applicant' s sign company team, Mr. Wilson, provided clarification regarding the potential light pollution and responded to the Commissioner' s questions.

Chair Schlotterbeck closed the public hearing after noting that no additional members of the public wished to address the Commission.

A motion was made by Vice Chair Perez and seconded by Commissioner Madden to approve Conditional Use Permit Nos. 2025- 02 and 2025- 03, with the added conditions of approval, which would require a line of sight analysis to be completed prior to building permit issuance.

The motion carried with a vote of 5- 0.

3. B. DJT4 Parcel Delivery Facility ( Amazon) - Environmental Impact Report No. 2023- 01, Vesting Tentative Parcel Map No. 2022- 193, and Plan Review No. 2022- 09 Prior to the staff' s presentation, Commissioner Gribble disclosed that he submitted a comment letter during the projects Draft EIR public review process, which was prior to him being appointed as a Planning Commissioner, and that he is committed to giving the applicant a fair hearing.

Jessica Newton, Senior Planner, provided a presentation of the project and clarified staff received eight written comments.

The Planning Commission asked questions regarding the following topics:

Clarification on some of the items that were requested by the Commission at the November 12, 2024 meeting
The ingress route of overnight line - haul trucks
Whether Lambert Road is a truck route, and any alternative truck routes Delivery van, line -haul truck, and employee vehicle paths EV charging systems
Housing Element
Clarification on the project landscaping and bike facilities Post occupancy conditions review
Indoor vs. outdoor loading activity
Clarification on land uses within MU -II and M- 1 zoning districts Whether the EIR takes into account the company growth impacts and increased Amazon operations in the future
Location of fueling and repair of vans
Short- term contracted employees
Condition and operation of Valencia Avenue ( Caltrans)
Coordination with other jurisdictions
Senior Planner Newtown, City Planner Hwang, Assistant City Manager/ Community Development Director Jason Killebrew, , City Traffic Engineer David Roseman, and City' s EIR consultant, John Bellas of Michael Baker International, responded to the commissioners' questions.

Chair Schlotterbeck opened the Public Hearing and invited the applicant to speak.

Tim Hou and Jason Friedman of the project applicant' s team provided a presentation, and responded to the commissioner' s questions related to:

Schedules of the flex vehicle drivers
The existing bus stop location and the improvements
Overnight parking city streets vs. private properties
Refueling for the vans
The facility' s capacity on opening day and its ability to operate at an increased capacity EV line -haul trucks, available supply, and future plans for EV roll- out Transition of van fleet from diesel to electric
Build -out of transportation fueling hubs for renewable natural gas and electric battery Capacity and availability of electricity related to facility operation, including future EV fleet Partnership with utility companies
The sustainability plans and goals of the company
The facility connection to the grid and intention to have solar panels Minimum age required to be employed by Amazon
Intentions of recruiting with the local vicinity, and Brea in particular Partnerships with Brea - Olinda School District
The back- up sounds for the delivery vans and Zine - haul trucks West -end of facility' s distance to the residential area Details of the exterior loading activities
Transit incentives to encourage Amazon employees to use public transportation After taking an eight -minute recess, Chair Schlotterbeck then opened the floor for public comments.

The following members of the public spoke in support of the project:

Kris Murray
Debye Payne
Bill McMillan
Lacy Schoen
Ricardo Perez
Paul Simonds
Jill Dunn
Tanya Huyhn
Eric Padilla
The following members of the public spoke in opposition of the project:

Lisa Irwin
Aidan Marshall
Dave Maxey
Carol Gray
Daniel Osborne
Stanley Suh
Sandra Spencer
Chris Stern
Laurie Hobbs
Jose Pina
Adam Elliott
Marie Nunez
Kathryn Bigelow
Hatem Kateh
The Planning Commission requested clarification regarding the following topics:

Potential traffic impacts to Carbon Canyon Road
Whether or not Chino Hills is part of the service area for the proposed facility The economic benefit of the Amazon facility
Sales tax and point of sale
Permitted construction hours
The City' s adopted noise ordinance and the setting of construction parameters The City' s goals of meeting an improved electric fleet of vehicles Sustainability and alternative use
The current security alarm system
Land use within MU -II and M- 1 zoning district
Residents' concerns related to noise
Development and land use history of the project site
The evaluation of the impact of the traffic noise and noise level considerations Noise level difference between compressed natural gas ( CNG) and diesel vehicles Potential improvements to the roadway condition and updates to the traffic signal timing along Valencia Avenue
Potential landscaping improvements along the east side of Valencia Avenue for enhanced screening and noise reduction
Senior Planner, Newton, City Planner, Hwang, Assistant City Manager/ Community Development Director, Killebrew, Mr. Hou of Amazon, and Mr. BeIlas of Michael Baker International, provided the requested clarifications.

Chair Schlotterbeck closed the public hearing after noting that no additional members of the public wished to address the Commission.

After further discussion and deliberation, a motion was made by Chair Schlotterbeck and seconded by Vice Chair Perez to approve project, with direction for staff to reach out to Caltrans to request roadway improvement and traffic signal timing modification on Valencia Avenue.

The motion carried with a vote of 5- 0.

4. ADMINISTRATIVE ITEMS

4.A. Committee Reports
Commissioner Madden announced two installations that were approved at the April 25, 2025 Art in Public Places Committee meeting.

4.B. Informational/ Project Updates
None.

5. ADJOURNMENT
Chair Schlotterbeck adjourned the meeting at 10: 35 pm
Respectfully submitted,
ne Hwang, City Planner
The foregoing minutes are hereby approved
this 10th of June, 2025.

LA ../ rAvAuLdi
1 /
7, 7/
Melanie Sch o erbeck, Chair

ATTACHMENT L

ATTACHMENT M

City of Brea

APPEAL APPLICATION
Note: An appeal must be filed within ten days of the action being appealed.

Filing Fee: $ 50 - Brea Residents
$ 75 - Any others - Deposit against hourly charge of Adopted Hourly Rates APPELLANT: Name:

Address:

Telephone:

ACTION BEING APPEALED: (Case No.; Property Location; Deciding Body)_ DATE OF ACTION BEING APPEALED:

SPECIFIC BASIS FOR THIS APPEAL:

DATED: SIGNATURE:

Please return this application to the Office of the City Clerk. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ++

CITY USE ONLY
: FEES PAID
DATE REC’D. HEARING DATE
7624-007acp
KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
ALAURA R. McGUIRE

ISABEL TAHIR
Of Counsel
DANIEL L. CARDOZO
MARC D. JOSEPH

SACRAMENTO OFFICE
520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814-4721
TEL: (916) 444 - 6201
FAX: (916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080 - 7037
___________
TEL: (650) 589 - 1660
FAX: (650) 589 - 5062
[email protected]
printed on recycled paper
May 22, 2025
Via Hand Delivery and Email
Brea City Council
Attn: Brea City Clerk’s Office
1 Civic Center Cir,
Brea, CA 92821
Email: [email protected]
Via Email Only
Jessica Newton, Senior Planner
Email: [email protected]
Joanne Hwang, City Planner
Email: [email protected]
Re: Appeal of the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241, PR No. 2022-09, TPM No. 2022-193)
Dear Honorable City Council Members and Ms. Hwang:

Pursuant to Chapter 20.424 of the Brea City Code (“BCC”), we submit this appeal on behalf of Californians Allied for a Responsible Economy (“CARE CA”) of the City of Brea (“City”) Planning Commission’s May 13, 2025, approval of the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241, PR No. 2022-09, TPM No. 2022-193) (“Project”). CARE CA hereby appeals all appealable actions taken by the Planning Commission related to the Project, including the Commission’s approval of the Final Environmental Impact Report (“FEIR”) (SCH No. 2023070241), Plan Review (PR 2022-09), and Vesting Tentative Parcel Map (TPM No. 2022-193).

This appeal includes the required form, the required appeal fee, and all information required by BCC Chapter 20.424.

I. Project Information
The Project proposes to demolish the existing three-story 637,503-squarefoot (“sf”) Bank of America office building and surface parking lot to construct a 181,500 sf parcel delivery facility.1 This would consist of 163,350 sf of warehouse 1 DEIR, pg. 1-1.

May 22, 2025

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space and 18,150 sf of ancillary office space, on an approximate 31.6-acre site. The Project site has two land use designations under the City of Brea General Plan – Light Industrial (M-1) and Mixed-Use II (MU-II).2 The Project is located at 275 Valencia Avenue on Assessor Parcel Numbers 320-233-17, 320- 301-11, and 320- 301-12 in the City of Brea, Orange County, California.

I. Grounds for Appeal
The grounds for this appeal are that the City has not complied with the California Environmental Quality Act (“CEQA”)3 or applicable land use laws. The Planning Commission abused its discretion and proceeded in a manner inconsistent with law and without substantial evidence to support the approval findings4 by approving the Project despite clear land use inconsistencies and in reliance on a deficient FEIR which fails to disclose and mitigate the Project’s potentially significant impacts to the greatest extent feasible. The grounds are set forth generally herein and in detail in the attached comments submitted to the Planning Commission on May 13, 2025, responding to the FEIR.5 We incorporate by reference the attached comments and exhibits, which are in the City’s record of proceedings for the Project.6
The attached comments demonstrate that the Project would conflict with the Project site’s zoning designation by proposing a warehouse parking lot in the MU-II district. The FEIR and Planning Commission Staff Report overlooked the fact that delivery van staging areas, at which Project warehousing activities would take place, are located in the MU-II district. This violates Section 20.258.010 of the Brea City Code (“BCC”), which expressly prohibits warehousing activities in the MU-II district.

The FEIR and Staff Report also failed to disclose any inconsistencies with the General Plan Housing Element, ignoring that the Project site is one of six sites that 2 DEIR, pg. 1-2.
3 Public Resources Code Section 21000 et seq. 4 Code Civ. Proc § 1094.5(b); Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 515. 5 Attachment A: Letter from ABJC to City re Agenda Item 3B – Comments on the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241, PR No. 2022-09, TPM No. 2022-193) (May 13, 2025). 6 We reserve the right to supplement the grounds for appeal at later hearings and proceedings on the Project. Gov. Code § 65009(b); PRC § 21177(a); Bakersfield Citizens for Local Control v. Bakersfield (2004) 124 Cal. App. 4th 1184, 1199-1203; see Galante Vineyards v. Monterey Water Dist. (1997) 60 Cal. App. 4th 1109, 1121,
May 22, 2025

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were rezoned to implement the 2021-2029 Housing Element.7 The Housing Element identifies “introduction of workforce housing on Amazon’s 31-acre warehouse site” as a “high priority” city action to implement the Housing Element.8 The FEIR fails to meet CEQA’s informational requirements by failing to disclose these inconsistencies and failing to consider workforce housing as a Project alternative.

CARE CA’s comments also demonstrate that the FEIR fails to comply with CEQA by failing to accurately disclose or mitigate potentially significant health risk, air quality, greenhouse gas, noise, transportation, and cumulative impacts, and failing to support its significance findings with substantial evidence.

CARE CA respectfully requests that the City Council uphold this appeal, vacate the Planning Commission approvals, and remand the Project to staff to comply with CEQA and applicable land use laws.

II. Standing to Appeal
Sections 20.424.020 and 18.32.060 of the Municipal Code provide that an appeal may be filed by any interested party or person adversely affected by the decision of the Planning Commission.

CARE CA is an unincorporated association of individuals and labor organizations that may be adversely affected by the potential public and worker health and safety hazards, and the environmental impacts of the Project. The coalition includes Brea residents Brett Messer, Bobby Perez, and Matthew Stone, the District Council of Ironworkers and Southern California Pipe Trades DC 16, along with their members, their families, and other individuals who live and work in Brea and in Orange County.

CARE CA advocates for protecting the environment and the health of their communities’ workforces. CARE CA seeks to ensure a sustainable construction industry over the long-term by supporting projects that offer genuine economic and employment benefits, and which minimize adverse environmental and other impacts on local communities. CARE CA members live, work, recreate, and raise their families in the City of Brea and surrounding communities. Accordingly, they would be directly affected by the Project’s environmental and health and safety impacts. Individual members may also work on the Project itself. They will be first in line to be exposed to any health and safety hazards that exist onsite. 7 Staff Report, re: Agenda Item 17 – General Plan Amendment No. 2021- 02 And Zone Change No. 2021- 01 (10/18/2022).
8 Brea General Plan, pg. 3-189.

May 22, 2025

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In addition, CARE CA has an interest in enforcing environmental laws that encourage sustainable development and ensure a safe working environment for its members. Environmentally detrimental projects can jeopardize future jobs by making it more difficult and more expensive for business and industry to expand in the region, and by making the area less desirable for new businesses and new residents. Indeed, continued environmental degradation can, and has, caused construction moratoriums and other restrictions on growth that, in turn, reduce future employment opportunities.

This appeal is filed in compliance with Sections 20.424.030 and 18.32.060 of the BCC, which provide that an appeal must be filed within ten (10) days after the Planning Commission’s decision. The 10-day appeal deadline falls on May 23. Thus, this appeal is timely filed. The appeal filing is also accompanied by the required appeal fee.

III. Conclusion
CARE CA respectfully requests that the City Council set a hearing on this appeal, and that the City Council uphold this appeal, vacate the Planning Commission’s approval of the Project, and remand the Project to staff to revise and recirculate a legally compliant EIR before reconsidering Project approval.

Sincerely,
Aidan P. Marshall
Attachments
APM:acp

ATTACHMENT A
7624-006acp
KEVIN T. CARMICHAEL
CHRISTINA M. CARO
THOMAS A. ENSLOW
KELILAH D. FEDERMAN
RICHARD M. FRANCO
ANDREW J. GRAF
TANYA A. GULESSERIAN
DARION N. JOHNSTON
RACHAEL E. KOSS
AIDAN P. MARSHALL
ALAURA R. McGUIRE

ISABEL TAHIR
Of Counsel
DANIEL L. CARDOZO
MARC D. JOSEPH

SACRAMENTO OFFICE
520 CAPITOL MALL, SUITE 350
SACRAMENTO, CA 95814-4721
TEL: (916) 444 - 6201
FAX: (916) 444 - 6209

ADAMS BROADWELL JOSEPH & CARDOZO A PROFESSIONAL CORPORATION

ATTORNEYS AT LAW
601 GATEWAY BOULEVARD, SUITE 1000
SOUTH SAN FRANCISCO, CA 94080 - 7037
___________
TEL: (650) 589 - 1660
FAX: (650) 589 - 5062
[email protected]
printed on recycled paper
May 13, 2025
Via Email and Overnight Mail
City of Brea Planning Commission
1 Civic Center Cir,
Brea, CA 92821
Email: [email protected]
Via Email Only
Joanne Hwang, City Planner
Email: [email protected]
Re: Agenda Item 3B – Comments on the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241, PR No. 2022-09, TPM No. 2022- 193)
Dear Honorable Planning Commissioners and Ms. Hwang:

We are writing on behalf of Californians Allied for a Responsible Economy (“CARE CA”) regarding the for the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241, PR No. 2022-09, TPM No. 2022-193) (“Project”), proposed by Ware Malcomb representing Amazon.com Services LLC (“Applicant”). The Project will be considered as Agenda Item 3B at the May 13, 2025, City of Brea (“City”) Planning Commission meeting. The Planning Commission will consider whether to certify the Project’s Final Environmental Impact Report (SCH No. 2023070241) and approve the proposed Plan Review (PR 2022-09) and Vesting Tentative Parcel Map (TPM No. 2022-193).

The Project proposes to demolish the existing three-story 637,503-squarefoot (“sf”) Bank of America office building and surface parking lot to construct a 181,500 sf single-story parcel delivery facility.1 This would consist of 163,350 sf of warehouse space and 18,150 sf of ancillary office space, on an approximate 31.6-acre site. The Project site has two land use designations under the City of Brea General Plan – Light Industrial (M-1) and Mixed-Use II (MU-II).2 The Project is located at 1 DEIR, pg. 1-1. 2 DEIR, pg. 1-2.

May 13, 2025

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275 Valencia Avenue on Assessor Parcel Numbers 320-233-17, 320- 301-11, and 320-301-12 in the City of Brea, Orange County, California.

On January 6, 2025, CARE CA submitted comments on the Draft EIR prepared for the Project.3 CARE CA’s comments demonstrated that the DEIR failed to comply with the requirements of the California Environmental Quality Act (“CEQA”) 4, and that the Project is inconsistent with the site’s zoning and the City’s General Plan. The City released the Final EIR (“FEIR”) in conjunction with this hearing. We reviewed the FEIR and Planning Commission Staff Report with the assistance of transportation expert Norm Marshall,5 noise expert Ani Toncheva,6 and air quality expert James Clark, PhD.7 Our review demonstrates that the Project remains inconsistent with the site’s zoning and that the FEIR prepared for the Project fails to resolve the errors and omissions identified in CARE CA’s comments, and still fails to disclose and mitigate potentially significant air quality, noise, greenhouse gas (“GHG”), transportation, land use and energy impacts.

The FEIR and Staff Report continue to erroneously maintain that the Project’s parking lot is a permitted use in the MU-II district. The City’s reports overlook the clear fact that delivery van staging areas, at which Project warehousing activities would take place, are located in the MU-II district. This violates Section 20.258.010 of the Brea City Code (“BCC”), which expressly prohibits warehousing activities in the MU-II district. The FEIR also ignores that Table

20.11.020.A (“Permitted Land Uses Table”) of the BCC, which provides that parking facilities incidental to a warehouse are considered industrial uses prohibited in a mixed-use district.8 Specifically, Table 20.11.020.A provides that “Industrial, Minor” uses are prohibited in the MU-II district. And the Table defines “Industrial, Minor” uses as including “accessory non-industrial uses… that provides support to and are clearly incidental to the permitted industrial use.” Thus, the parking lot, which supports warehousing activities specifically prohibited in the MU-II zone,9 requires a General Plan amendment or zoning change, approved by the City Council. Neither the FEIR nor the Staff Report address the conflicts with these specific provisions of the BCC and General Plan.
3 Letter from Adams Broadwell Joseph & Cardozo to City re: Comments on the Draft Environmental Impact Report for the DJT4 Parcel Delivery Facility Project (SCH No. 2023070241) (January 6, 2025).
4 PRC § 21100 et seq.
5 Mr. Marshall’s technical comments are attached hereto as Exhibit A. 6 Ms. Toncheva’s technical comments and curricula vitae are attached hereto as Exhibit B. 7 Dr. Clark’s technical comments and curricula vitae are attached hereto as Exhibit C. 8 Section 20.11.020, Table 20.11.020.A. 9 BCC Section 20.258.010(A)(2).

May 13, 2025

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Brea City CouncilAugust 19, 2025

Brea City Council
August 19, 2025