Brea City Council
August 19, 2025

Applicant: Todd Cottle, C&C Development Co., LLC
DB No. 2025-01
minimum common open space to 23.53 square feet per unit (2,000 sq. ft.), and (b) the reduction of the bicycle parking requirement to 0.59 per unit (50 bicycle parking spaces).
(iv) On May 19, 2020, in accordance with the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), a Final Environmental Impact Report (EIR) (State Clearinghouse No. 2018121032) was certified and a Mitigation Monitoring and Reporting Program (MMRP) was adopted by the City Council (Resolution No. 2020-032) for the Mercury Lane Workforce Housing Project (Prior Project) at the Project Site.
(v) Pursuant to CEQA Guidelines Section 15162 and 15164 (a), the City has prepared an addendum to the previously certified Final EIR for the Project (EIR SCH No. 2018121032 Addendum No. 1) (the “Addendum”), which analyzed impacts evaluated in the Final EIR relative to the Project and concluded that the Project would not result in any environmental impacts beyond those identified in the Final EIR and, as such, constitutes substantial evidence supporting the conclusions that preparation of a supplemental or subsequent EIR is not required.
(vi) On August 19, 2025, the City Council reviewed the DB No. 2025-01 and the Addendum, along with requested funding requests and associated agreements, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution.
(vii) All legal prerequisites to the adoption of this Resolution have occurred.

B. RESOLUTION:

Resolution No. 2025-XXX

Applicant: Todd Cottle, C&C Development Co., LLC
DB No. 2025-01
Now, therefore, the City Council of the City of Brea does hereby find, determine, and resolve as follows:

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

SECTION 2. Based on the facts set forth above and the entirety of the evidence presented at the above-referenced public hearing, including all written evidence and testimony presented during the hearing, and the independent judgment of the City Council, the City Council finds as follows:
a. The Project would be a one hundred percent (100%) affordable housing development consisting of a total of 85 affordable rental housing units, with the exception of one manager’s unit. The proposed affordability breakdown would include 10 extremely low, nine very low, and 65 low-income units, making the Project eligible for reduced parking standards (no minimum number of parking spaces required), along with unlimited reduction/waivers of development standards under the State Density Bonus Law and up to five incentives/concessions pursuant to Brea City Code Section

20.40.060. The Project was reviewed by the Building & Safety Division, Public Works Department, Fire Department, and Police Department and is required to meet all applicable Codes. Based on the Project’s details, the proposed waivers are not expected to cause any specific adverse impacts upon health or safety. In addition, the proposed Project is consistent with the General Plan Housing Element Goal 6 in that the Project will provide a variety of housing types and support production of affordable housing through density bonus incentives.

Resolution No. 2025-XXX

Applicant: Todd Cottle, C&C Development Co., LLC
DB No. 2025-01
b. The Addendum, which analyzed impacts evaluated in the Final EIR relative to the Project by evaluating environmental factors, concluded that with the imposition of the mitigation measures found in the Project-specific MMRP, the Project would not result in any significant adverse environmental impacts.

SECTION 3. Based on the findings set forth above, the City Council determines that the Addendum is the appropriate environmental document for the Project, approves the Addendum, and approves Density Bonus No. 2025-01, subject to the Conditions of Approval included as Exhibit A of this Resolution, and the requirements of the Projectspecific MMRP, as included in the Addendum.

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

APPROVED AND ADOPTED this 19
th day of August 2025.

Blair Stewart, Mayor
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Brea held on the 19
th day of August 2025, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: ___________________________
Victoria Popescu, City Clerk

EXHIBIT A OF RESOLUTION NO. XXX

MERCURY SENIOR APARTMENTS PROJECT
DENSITY BONUS NO. 2025-01

CONDITIONS OF APPROVAL
Planning Division – Community Development Department

1. Development and operations shall occur in substantial compliance with the plans and documents reviewed and approved by the City Council on August 19, 2025, which includes, but not limited to, site plan, floor plans and elevation drawings on file in the Planning Division, the conditions contained herein and all applicable Federal, State, County and local regulations. The City Planner may approve minor modifications to the approved Project plans.

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

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

4. Prior to issuance of any building permits, the Applicant shall submit a detailed final landscape and hardscape plans to the City Planner for review and approval:
a. The final landscaping plan shall comply with the City’s Water Efficient Landscaping Requirements.
b. Said plans shall demonstrate compliance with all landscaping requirements in Section A.6 of the MPCMP.
c. Final landscape plans shall show all ground utility equipment and shall be properly screened by landscaping, paint, and/or screening materials or a combination thereof to be reviewed and approved by the City Planner. d. All landscaping and irrigation must be installed prior to the issuance of the Certificate of Occupancy.

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

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

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

8. Prior to issuance of building permits and prior to and during construction, the Applicant shall adhere to all measures described in the mitigation monitoring and reporting program listed in the Final Environmental Impact Report (State Clearinghouse No. 2018121032) and its addendum. The mitigation monitoring and reporting program shall be in effect throughout all construction related activities as indicated in the report.

9. Prior to building final, the Applicant shall prepare and submit a written report demonstrating completion of the mitigation monitoring and reporting program for review and approval of the City Planner.

10. Prior to the issuance of building permits, the Applicant shall submit photometric plans for review and approved by the Building Official and City Planner pursuant to Section A.9 of the MPCMP. Said plans shall show the location of all exterior lights, a measurement of light throughout the site and include cut/specifications sheets for proposed lighting equipment.

11. All uses shall comply with the provision of BCC Chapter 20.20 including, but not limited to vibration, glare, emission of dust, smoke and odors.

12. Prior to the issuance of a building permit, final details regarding all window glazing and potentially reflective building surfaces shall be provided for the review and approval of the City Planner. Said glazing and surfacing shall be treated or designed in a manner to reduce glare impacts to adjacent uses, motorists, pedestrians, and wildlife (e.g. to reduce bird window strikes).

13. Prior to the issuance of any building permit for the Project related signage, if any, the Applicant shall submit a sign package for review and approval by the City Planner. The sign package shall comply with all applicable City regulations, including all State and Federal regulations.

14. Prior to issuance of a Building Permit, the Applicant shall provide charging stations for electric vehicles as required by State building code.

15. Prior to issuance of any building permits, the Applicant shall submit a parking management plan (PMP) to the Planning Division. The PMP may implement strategies that include, but are not limited to:
a. Parking control to maintain on-site parking areas.
b. System for residents to reserve the on-site rideshare vehicle. c. Methods to address potential parking issues.
d. Establishing parking rules and enforcement policy.

The City may require the Applicant and/or the operator of the Project to modify/update the PMP as deemed necessary to ensure adequate on-site parking.

Any modifications to the parking management plans shall be reviewed and approved by the City Planner.

16. Prior to issuance of the Certificate of Occupancy, the Applicant shall provide details regarding the rideshare program, which is intended to provide an on-site rideshare vehicle that could be used for residents’ personal use via a reservation system.

The Applicant and/or any future owner of the property must obtain an approval from the City prior to making any changes to the said rideshare program.

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

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

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

19. To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees (“Indemnitees”) free and harmless from: (i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by approval of this permit; and (ii) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to the approval of this permit and/or the granting or exercise of the rights authorized by said approval; and (iii) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this permit. Applicant's obligation to indemnify, defend, and hold the

Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees’ choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.

Housing Division – Community Development Department

20. The Project shall demonstrate compliance with BCC Chapter 20.40 (Affordable Housing), Chapter 20.42 (Density Bonus), and all applicable BCC regulations.

Building & Safety Division – Community Development Department

21. Upon submittal to Building & Safety Division, the proposed development shall meet the requirements and all conditions of approval as stated on the City Council Ordinance No. 1214, where applicable and as determined by the Community Development Director.

22. All designs shall comply with the Codes adopted at the time of the permit(s) submittal. Currently the 2022 CA Building, Mechanical, Electrical, Plumbing, Cal Green, Energy, Fire Codes, Property maintenance, City of Brea Municipal Code & Ordinances.

23. At time of building permit submittal, some required construction documents include:

Architectural, Structural, Mechanical, Electrical, Energy, Plumbing, Civil (Grading, Erosion Control), Landscaping, Structural Calculations, Energy Calculations, MEP related Calculations & Equipment Cut Sheets, Specs & Geotechnical Investigation Report. The following requires separate submittals and permit issuance:
• Building construction documents (Building Permit)
• Civil construction documents (Grading Permit)
• Landscape construction documents (Landscape Permit)
• Accessory structures (trash enclosure(s)) construction documents (MISC. Permit) • Fire Sprinklers (Fire Department Permit)
• PV Systems & ESS System
• Construction Trailers (Temporary Permit)
• Temporary Power (Temporary Permit)

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

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

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

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

28. The Applicant shall provide written evidence to the City of Brea Building & Safety Division that a geotechnical engineer has been retained to monitor the grading operations and assure implementation of the site grading recommendations. All recommendations shall be implemented to the performance standards specified in the Soil Investigation report and to the satisfaction of the geotechnical engineer, City Engineer and Building Official. Evidence of implementation shall be provided to the Building & Safety Division prior to issuance of a building permit.

29. Upon formal submittal indicate on plans whether or not the Project site is with in any of the following zones:
• Flood zone
• Liquefaction zone

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

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

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

33. Upon re-submittal show on plans all required assessible (ADA) stalls. At least 5% of unassigned/visitor parking shall be accessible. These stalls shall be on an accessible route. Considering 63 parking stalls are provided, 3 stalls shall be ADA complaint (2 ADA standard and 1 ADA van accessible).

34. Upon formal submittal clearly identify on plans the units that shall be adaptable (ADA) or visitable (ADA) units.

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

36. An automatic fire sprinkler system is required and shall be complaint with CBC 2022 Sec 903 and City of Brea code amendments.

37. Upon formal submittal, deferred submittal items shall have the prior approval of the Building Official.

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

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

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

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

42. Upon formal submittal additional requirements may be imposed when the Project is submitted for Building & Safety Division plan check review and approval.

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

44. Additional requirements may be imposed when the project is submitted for Building & Safety Division plan check review and approval.

Community Services Department

45. Art in Public Places Program (APP): The Applicant shall be responsible for meeting Brea' s Art in Public Places requirement per the current Art in Public Places Policy Manual and Ordinance. The minimum required public art allocation shall be 1% of the total building construction valuation as determined by the International Conference of Building Officials (ICBG) at the time building permits are issued. The Applicant shall adhere to the following:
a. Submit Part 1 of the APP application prior to issuance of building permits.

b. Submit Part 2 of the APP application and obtain APP Committee approval within six (6) months of building permit issuance.
c. Submit Part 3 of the APP application and complete sculpture installation prior to Certificate of Occupancy Issuance.

Public Works Department

46. Prior to the issuance of any building permits for the proposed developed site conditions, the Applicant shall submit and obtain approval for Precise Grading Plans and all applicable technical studies. The Precise Grading Plans and technical studies shall be prepared by a registered Civil Engineer, be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the Building & Safety Division and City Engineer. The Precise Grading Plan submittal shall include the following items:
a. Construction Document Plans for the review and approval of the Building & Safety Division and City Engineer. The Construction Document Plans shall identify all improvements required to facilitate the proposed development and associated infrastructure improvements. Said Construction Document Plans shall include an Erosion and Sediment Control Plan identifying the State issued WDID number and the contact information for the person that is to be reached in case of emergency;
b. Soils Report for the review and approval of the Building & Safety Division and the City Engineer;
c. Sanitary Sewer Capacity Analysis for the review and approval of the City Engineer;
d. Hydrology & Hydraulic Study meeting all City and Orange County requirements, for the review and approval of the City Engineer;
e. Water Quality Management Plan (WQMP) for the review and approval of the City Engineer;
f. Water Demand Analysis for the review and approval of the City Engineer; g. Solid Waste/Trash Collection Circulation Plan for the review and approval of the City Traffic Engineer; and
h. On-site Circulation Plan as requested for the review and approval of the City Traffic Engineer.

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

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

49. Prior to the issuance of any occupancy release, the Applicant shall record the following items from the Final WQMP at the County of Orange:
a. Title Page;

b. Signed Owner’s Certification Page;
c. Engineer’s Certification Page;
d. City of Brea-Specific WQMP Summary Report;
e. Exhibits & Details of BMP’s; and
f. Section V-Inspection & Maintenance.

50. Prior to the issuance of any occupancy release, the Applicant shall submit one (1) hard copy of the approved Final WQMP containing all documents recorded at the County of Orange to the City Environmental Services Division.

51. Prior to the issuance of any occupancy release, all proposed permanent Best Management Practices (BMP’s) shall be certified by the engineer of record and/or manufacturer, final inspection shall be completed for the proposed BMP’s by the City Environmental Services Division, and all improvements shall be constructed to the satisfaction of the City Engineer.

52. The Applicant and any future successors, shall adhere to the approved Final WQMP during the life of the Project.

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

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

55. All improvements associated with the proposed development that are located within, and/or impacting facilities located within, easement areas within the property, including easements granted to entities such as dry utility purveyors, shall be constructed to the satisfaction of the easement holders and meet all associated local jurisdictional requirements.

56. The Applicant shall be responsible to obtain the permission to perform any work on adjacent private properties or within easement areas.

57. All improvements associated with the proposed development that are located on adjacent private property, shall be constructed to the satisfaction of the adjacent private property owners and meet all associated local jurisdictional requirements.

Prior to the issuance of any building permits for the proposed developed site conditions or for improvements located on adjacent private property, the Applicant shall provide verification to the satisfaction of the City Engineer, that all adjacent private property owners have granted permission and authorization to perform the

proposed work on the adjacent private property, and that agreements and/or easements are in place to allow for private improvements to be located on the adjacent property.

58. The Applicant shall obtain all applicable permit approvals from the Orange County Flood Control District (OCFCD) for any proposed storm drainage infrastructure modifications or proposed increases to surface or subterranean drainage flow to the Brea Creek Channel. The Applicant shall provide documentation to the satisfaction of the City Engineer verifying OCFCD permit approvals prior to the issuance of any building permits for the proposed developed site conditions.

59. All improvements associated with proposed storm drain infrastructure modifications to OCFCD infrastructure, all increases to surface or subterranean drainage flow to the existing Brea Creek Channel, and all work within OCFCD property or easement areas shall be constructed to the satisfaction of OCFCD and meet all associated local jurisdictional requirements.

60. No proposed trees; structures for private utility infrastructure, lighting structures, utility vaults or cabinets; structures or walls with footing or foundation elements; building foundations, structural slabs, or building structural members; shall be located within existing or proposed public easement areas, within the public rightof-way, or within public property.

61. The Applicant shall enter into an Encroachment License Agreement with the City of Brea for all private improvements or non-standard improvements, improvements not in accordance with City of Brea Standard Plans and standards, located within the public right-of-way, public easement or dedication areas, or within public property.

62. All existing domestic, irrigation, and fire water services shall be replaced with new service connections. All existing domestic, irrigation, and fire water services shall be removed through the existing water main to the satisfaction of the City Engineer.

63. All proposed domestic, irrigation, and fire water services shall be per the latest City of Brea Public Works Standards, meeting all City Building & Plumbing Code requirements, and be to the satisfaction of the City Engineer and the Brea Fire Department. All proposed domestic, irrigation, and fire water services shall include metering and above-grade backflow prevention to the satisfaction of the City Engineer and the Brea Fire Department.

64. All water meters, vaults, fire hydrants, FDC’s, and above ground backflow prevention devices for domestic, irrigation, and fire water services and systems, shall be located to the satisfaction of the City Engineer, the Building & Safety Division, and the Brea Fire Department. Easements shall be dedicated to the City for the maintenance, repair, and operation of all public water meters, vaults, and fire hydrants.

65. All existing and proposed fire hydrant and fire service infrastructure locations shall be subject to the review and approval of the City Engineer, the Building & Safety Division, and the Brea Fire Department. Installation of fire hydrants and fire service infrastructure shall be in accordance with City of Brea Public Works Standards and all applicable building codes.

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

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

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

69. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall submit an Address Request Application to the Public Works Department and obtain addressing issuance for the proposed development.

70. Prior to the issuance of any building permit, a completed Waste Management Plan (WMP) shall be submitted through Green Halo Systems by the Applicant and be approved by the Public Works Department to ensure compliance with CALGreen, SB 1383, and Brea City Code requirements. Each individual building permit shall include its own separate WMP submittal through Green Halo Systems for the proposed scope of work associated with each building permit.

71. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall demonstrate compliance with SB 1383 by identifying the proposed location of storage containers for trash, recyclables, and organic materials, and demonstrate the proposed storage location for weekly servicing by the City’s waste hauler, to the satisfaction of the City Engineer.

72. Prior to the issuance of any occupancy release, the Applicant shall submit a completed Final Waste Management Plan (WMP) through Green Halo Systems, including documentation of weight receipts/tickets from a City-approved facility and/or other forms of documentation to provide proof that at least 65% of the project debris was recycled or reused. The submission shall be reviewed and approved by the Public Works Department in compliance with BCC Chapter 8.29.

73. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall prepare Public Improvement Plans for the review and approval of the City Engineer, for all public improvements located within Mercury Lane and Berry Street, and all proposed easement and dedication areas

adjacent to Mercury Lane and Berry Street. The Public Improvement Plans shall be prepared by a registered Civil Engineer, be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the City Engineer.

Prior to any building permit issuance for the proposed developed site conditions, the Public Improvement Plans shall be approved by the City Engineer. All improvements shall be constructed to the satisfaction of the City Engineer, including any field punch list items, prior to the issuance of any occupancy release.

The public improvements include, but are not limited to, the following items:
a. Right-of-way dedication of 5-feet along Mercury Lane, in order to facilitate the construction of a 5-foot landscape parkway and 5-foot sidewalk along the Mercury Lane project frontage;
b. Right-of-way dedication of 2-feet along Berry Street, in order to facilitate the construction of a 5-foot landscape parkway and 5-foot sidewalk along the Berry Street project frontage;
c. Right-of-way dedication of a corner cut-off, meeting the requirements of Brea City Code Section 20.08.060, at the southeast corner of Mercury Lane & Berry Street;
d. Removal of the two existing driveways on Mercury Lane, and construction of curb and gutter to tie into and match the existing curb and gutter adjacent to the proposed improvements on Mercury Lane;
e. Construction of a proposed driveway on Mercury Lane in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards;
f. Removal and reconstruction of the existing curb ramp at the southeast corner of the intersection of Mercury Lane and Berry Street in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards; g. Removal and replacement of existing curb and gutter within the public right-ofway of Mercury Lane and Berry Street, immediately adjacent to the project site, at locations to the satisfaction of the City Engineer;
h. Removal of all existing parkway drains and/or curb drains serving the existing property, and reconstruction of curb and gutter to match the existing curb and gutter to the satisfaction of the City Engineer;
i. All signage and striping improvements to Mercury Lane and Berry Street, adjacent to the project site, to the satisfaction of the City Traffic Engineer;

j. All proposed landscaping and irrigation improvements located within the public right-of-way, including the planting of street trees meeting the requirements of Brea City Code Chapter 12.20;
k. Removal, replacement, and/or relocation of all existing infrastructure or structures interfering with the proposed improvements. This includes, but is not limited to, existing water meters, backflow prevention devices, utility vaults, utility meters, vent pipes, fire hydrants, signage, street lights, power poles, and paving; and
l. All easement dedications and improvements required to facilitate the proposed utility improvements, modifications, and connections located within the public right-of-way. Proposed utility improvements, modifications, and connections located within the public right-of-way shall include items such as, but not limited to, the construction of domestic, irrigation, and fire water service connections and infrastructure; the construction of fire hydrants; the construction of storm drain connections to existing infrastructure; the construction of any required sanitary sewer service connections; the relocation of existing street lights; modifications to traffic signal and communications infrastructure; and the removal and/or relocation of utility vaults and/or meters.

74. Prior to the issuance of any occupancy release, and in the instance that the City obtains all necessary easements and or public right-of-way to facilitate the proposed public sidewalk improvements, the Applicant shall prepare Public Improvement Plans for the review and approval of the City Engineer, for all public improvements required to facilitate the construction of sidewalk from the northwest corner of the proposed development to the existing bridge crossing at the Brea Creek Channel. The Public Improvement Plans shall be prepared by a registered Civil Engineer, be in accordance with City of Brea Standard Plans and standards, and be to the satisfaction of the City Engineer. All improvements shall be constructed to the satisfaction of the City Engineer, including any field punch list items, within 3-years of the issuance of final certificate of occupancy release. All improvements shall be in accordance with current Americans with Disabilities Act (ADA) and City of Brea Public Works Standards. The public improvements include, but are not limited to, the following items:
a. Construction of a proposed 5-foot wide sidewalk along the southerly portion of Mercury Lane, from the northwest corner of the proposed development to the existing bridge crossing at the Brea Creek Channel;
b. Removal and reconstruction of existing driveways and all paving improvements required to allow for accessible driveway/sidewalk crossings; c. Removal and replacement of existing curb and gutter within the public easement or right-of-way area of Mercury Lane, immediately adjacent to proposed improvements, at locations to the satisfaction of the City Engineer; d. Construction of retaining or slough walls as necessary to facilitate the proposed sidewalk improvements;

e. All landscaping and irrigation improvements necessary to facilitate the proposed sidewalk improvements, inclusive of demolition and construction, located within the public easement or right-of-way, including the planting of street trees meeting the requirements of Brea City Code Chapter 12.20; and
f. Removal, replacement, and/or relocation of all existing infrastructure or structures interfering with the proposed improvements. This includes, but is not limited to, existing water meters, backflow prevention devices, utility vaults, utility meters, vent pipes, fire hydrants, signage, street lights, power poles, and paving.

75. All public improvements, and improvements within the public right-of-way and public easement or dedication areas, shall be designed and constructed per current City standards and all other jurisdictional requirements, and shall be to the satisfaction of the City Engineer.

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

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

Mapping Conditions

78. Prior to the issuance of any building permit for the proposed developed site conditions, the Applicant shall submit easement and right-of-way dedication documents for all required easement and right-of-way dedications adjacent to the project site, along Mercury Lane and Berry Street, for the review of the City Engineer. The easement and right-of-way dedication documents shall be submitted to the City Engineer for conformance review prior to submittal to the County of Orange Surveyor’s Office. The easement and right-of-way dedication documents shall be submitted directly to the County of Orange Surveyor’s Office for technical review and approval. All easement and right-of-way dedications and vacations shall be in accordance with all requirements set forth in the California Streets and Highways Code, the Subdivision Map Act, and the Brea City Code.

The easement and right-of-way dedication documents shall be approved by City Council and be recorded at the County of Orange prior to the issuance of any occupancy release.

79. Applicant shall be responsible to prepare all documentation and pay for all publication fees (as applicable) for proposed dedications and/or vacations of easements or right-of-way.

80. The Applicant shall complete the construction of all public improvements in the public right-of-way and within public easement or right-of-way dedication areas to the satisfaction of the City Engineer, or enter into a Subdivision Improvement

Agreement and guarantee the installation of these improvements by providing sufficient bonds or sureties for both Faithful Performance and Labor and Materials in a form approved by the City Attorney before the approval of the easement and right-of-way dedication documents. All bonds or sureties shall be provided in an amount to the satisfaction of the City Engineer.

81. The Applicant shall submit a Monumentation Bond as required by the Subdivision Map Act in a form approved by the City Attorney to guarantee payment for the setting of monuments associated with the proposed right-of-way dedications. The bond amount shall be provided before the approval of the easement and right-ofway dedication documents, by the Licensed Surveyor or Registered Civil Engineer preparing the easement and right-of-way dedication documents. The Monumentation Bond shall be provided in an amount to the satisfaction of the City Engineer.

82. Prior to the release of the Monumentation Bond, the Licensed Surveyor or Registered Civil Engineer who prepared the easement and right-of-way dedication documents shall submit a letter to the City Engineer verifying the setting of all monuments, confirming that all monuments have been set in conformance with the recorded easement and right-of-way dedication documents, and confirming that the applicant/property owner has paid the Licensed Surveyor or Registered Civil Engineer in full for the setting of the monuments.

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

Fire Department

84. Fire Master Plan: The Applicant shall prepare and submit a separate Fire Master Plan for the review and approval by the Fire Marshal and Fire Prevention Staff.

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

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

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

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

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

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

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

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

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

93. Prior to Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox-Box shall be installed in an accessible location approved by the Fire Code Official. Electric powered gates shall be provided with Knox key switches for access by emergency personnel. Where manual operated gates are permitted, they shall be provided with a Knox box or Knox padlock (CFC 506.1 & 503.6).

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

Mitigation Compliance

95. The Applicant shall comply with all plans, programs and policies (PPP) and the required mitigation measures (MM) included in the Mitigation Monitoring and Reporting Program listed in the Project’s Final Environmental Impact Report, as follows:
a. PPP CUL-1: Prior to issuance of grading permits, a qualified archaeological monitor shall be identified to be on call during ground-disturbing activities. If archeological resources are discovered during excavation and/or construction activities, construction shall stop within 25 feet of the find, and the qualified archeologist shall be consulted to determine whether the

resource requires further study. The archeologist shall make recommendations to the City of Brea to protect the discovered resources.

Archeological resources recovered shall be provided to an accredited museum such as the John D. Cooper Center in Fullerton or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.
b. PPP CUL-2: Prior to construction, (1) a field survey for paleontological resources consisting of record search, survey, background context, and project-specific recommendations shall be conducted by a qualified paleontologist; or (2) a qualified paleontologist shall monitor all excavations below five feet. If unique paleontological resources are discovered during excavation and/or construction activities, construction shall stop within 25 feet of the find, and the qualified paleontologist shall be consulted to determine whether the resource requires further study. The paleontologist shall make recommendations to the City of Brea to protect the discovered resources. Any paleontological resources recovered shall be provided for curation at a local curation facility such as the Los Angeles County Natural History Museum, the John D. Cooper Center in Fullerton, or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.
c. PPP HAZ-1: Prior to construction activities onsite, a limited Phase II investigation shall be conducted to assess the surface soil of the project site for residual organochlorine and lead arsenate pesticides. The Phase II investigation shall be conducted in accordance with guidelines developed by the Department of Toxic Substances Control (DTSC) and Environmental Protection Agency (EPA) for site assessments. The Phase II investigation shall estimate the potential threat to public health and the environment if concentrations of pesticides are encountered using methods outlined in DTSC’s Preliminary Endangerment Assessment Guidance Manual and DTSC’s Screening Level Human Health Risk Assessment guidance for implementing screening level risk analysis. The Phase II investigation shall be submitted to the City of Brea Community Development Department for review and approval by an independent third-party reviewer. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health-based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate pesticides above health-based level of concern. Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The Construction Contractor shall implement the recommendations outlined in the Phase II.
d. PPP TCR-1: If the professional archaeologist implementing Mitigation Measure CUL-1 believes that a cultural resource encountered onsite is of Native American origin, the archaeologist shall notify representatives of

Native American tribes with traditional territories in the project region. If requested by the Native American tribe(s), the developer or archaeologist on-call shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe). If the resources are Native American in origin, a tribal monitor from the consulting tribe shall be present during the remaining site-grading activities. e. PPP TCR-2: During construction activities, the project applicant shall allow archaeological monitors of Native American tribes to access the project site on a volunteer basis to monitor grading and excavation activities.

City of Brea
1 Civic Center Circle
Brea, California 92821-5732
P: 714-990-7600 | F: 714-990-2258
www.cityofbrea.gov

MEMORANDUM
TO: Jason Killebrew, Assistant City Manager/Community Development Director
FROM: Joanne Hwang, AICP, City Planner
DATE: August 19, 2025
SUBJECT: The Mercury Senior Apartments Project – Addendum to FEIR 19- 01 INTRODUCTION
Executive Summary
This Addendum to the Final Environmental Impact Report (FEIR) No. 19-01 (Certified FEIR), State Clearinghouse No. 2018121032, has been prepared in accordance with Section 21166 of the California Environmental Quality Act (CEQA) and Sections 15162 and 15164 of the CEQA Guidelines. The Certified FEIR analyzed the Mercury Lane Residential project (Prior Project), which included a Zone Change (ZC) to Planned Community (PC) zoning with a new Planned Community Master Plan (PCMP) and a Development Agreement (DA), to allow a five-story, approximately 68-foot-tall, 141,137-square-foot podium structure that would include 114 workforce housing units and a 118-space parking garage, at an 1.01-acre property located on the southeast corner of Mercury Lane and Berry Street (Project Site). The Prior Project also included recreational amenities and common shared spaces in an outdoor courtyard, as well as a fitness center, clubhouse, and roof deck.

Since the certification of the FEIR, the Project evaluated in the certified FEIR has been modified.

The new project, The Mercury Senior Apartments Project (Modified Project), is a new five-story, approximately 63-foot-tall, 81,445-square-foot 85-unit, multi-family affordable housing development with associated parking, landscaping, and site improvements (Modified Project).

The first floor would serve as the amenities floor, including a leasing office, community room, exercise room, and additional common areas. The remaining four floors would house a total of 85 dwelling units, consisting of 68 one-bedroom units and 17 two-bedroom units.

The Certified FEIR, in conjunction with this Addendum Memorandum, addresses the potential environmental impacts of the Modified Project located at the Project Site.

Purpose of an Addendum
Pursuant to Section 21166 of the Public Resources Code and Section 15162 of the State CEQA Guidelines, when an Environmental Impact Report (EIR) has been certified or a Negative Declaration adopted for a project, a subsequent EIR or Negative Declaration (ND) is not required unless the lead agency determines that one or more of the following apply:

1. Substantial project changes are proposed that will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Community Development Department Memorandum
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2. Substantial changes would occur with respect to the circumstances under which the project is undertaken that require major revisions to the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the negative declaration was adopted shows any of the following:

A. The project will have one or more significant effects not discussed in the previous EIR or negative declaration.

B. Significant effects previously examined will be substantially more severe than identified in the previous EIR.

C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives.

D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives.

If none of the above conditions are met, preparation of an Addendum to the EIR is appropriate as outlined in Section 15164 of the CEQA Guidelines.

Prior Project and Previously Certified Environmental Document On May 19, 2020, the City of Brea (City) certified the Certified FEIR by adopting Resolution No. 2020-032 and on June 2, 2020, approved PCMP No. 19-01, ZC No. 19-01, and DA No. 19-01 by adopting Ordinance No. 1214, for the Prior Project. Together, the City’s action approved a multifamily residential development that consists of a five-story, approximately 68-foot-tall, 141,137- square-foot podium structure that would include 114 workforce housing units and a 118-space parking garage, along with associated recreational amenities and common shared spaces in an outdoor courtyard, a fitness center, clubhouse, and roof deck. The Certified EIR can be accessed through here: https://ceqanet.lci.ca.gov/Project/2018121032

ENVIRONMENTAL SETTING
The Project Site is located on the southeast corner of Mercury Lane and Berry Street, just north of Imperial Highway, within the City in Orange County, California. The site is designated as Light Industrial under the City’s General Plan Land Use Map and is zoned PC, specifically governed under The Mercury Planned Community Master Plan. As defined in the City’s Zoning Code, the PC zone is intended to promote innovative, flexible development by allowing a variety of land uses, building forms, and densities, while ensuring consistency with the City’s long-range planning goals. The Project Site is located within close proximity to major job centers and walkable access to the Brea Downtown area.

The Project Site is assigned Assessor’s Parcel Number (APN) 296-143-01 and encompasses a vacant parcel that has remained unchanged in size and physical condition since the time of the original environmental review. The approximately quarter-mile distance to Brea Downtown, Brea Community Development Department Memorandum
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Gateway Shopping Center, and Arovista Park further supports its strategic location for infill residential development. An aerial image of the site and surrounding context is provided in Figure 1 below:

Figure 1. Aerial View of the Project Site

MODIFIED PROJECT
Project Description
The Modified Project, known as Mercury Lane Affordable Senior Housing Development, involves the proposal of a new 85-unit affordable rental housing development specifically serving senior residents. The Modified Project includes a five-story residential building with a range of residentserving amenities such as a leasing office, lobby, indoor amenity space, laundry rooms on multiple floors, centralized trash enclosures, and a rooftop deck. The building is designed with multiple unit types varying between one-bedroom and two-bedroom layouts, arranged around doubleloaded corridors and accessible vertical circulation. The ground floor includes shared amenity spaces, while floors two through four serve as typical residential levels. Lastly, the fifth floor offers access to a rooftop deck featuring common open space along additional residential units. The operational characteristics of the Modified Project, such as residential use and general services associated with a multi-family residential development, remain consistent with those analyzed in the Prior Project.

The architectural design of the Modified Project is inspired by the Art Deco style, characterized by its streamlined massing, geometric forms, and stylized decorative detailing. The exterior material palette includes stucco with foam trim accents, vinyl windows, decorative fins, metal mesh screens, and a storefront glazing system at the street level. Additional features include awnings and an illuminated monument sign at the Modified Project entry. The building height Mercury Lane
Berry Street
Imperial Highway
Brea Gateway
Shopping
Center
Project Site
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reaches approximately 63 feet to the top of the parapet, and all design elements conform to the applicable height and layout standards for the Mercury Planned Community Master Plan. Site access is provided via Mercury Lane, with on-site circulation of a surface parking lot designed to accommodate 63 parking spaces. The conceptual site plan and elevations indicate that the Modified Project will activate the street frontage and provide a cohesive and architecturally articulated façade on all sides.

The conceptual site plan, floor plans, and renderings are shown in Figures 2, 3, and 4 below, respectively.

Figure 2. Conceptual Site Plan
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Figure 3. Conceptual Floor Plans
Figure 4. Conceptual Rendering
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Comparison of Key Project Components
The Modified Project represents a substantial reduction in overall development intensity when compared to the Prior Project analyzed in the Certified FEIR. As shown in Table 1 below, the Modified Project reduces multiple key development standards, resulting in a smaller physical and environmental footprint. These reductions indicate that the Modified Project would not introduce new or more severe environmental effects than those already evaluated, and would likely result in fewer or less intense impacts across most environmental issue areas.

Table 1. Project Summary Comparison
State Density Bonus Law
Brea City Code (BCC) Chapter 20.42 implements California Government Code Section 65915 (the State Density Bonus Law), which requires local governments to grant developers an increase in residential density (Density Bonus) and other incentives when a sufficient number of units are reserved as affordable to lower- or moderate-income households. The Modified Project would be a 100% affordable senior housing project (with an exception of a manager’s unit) at lower income level, providing nine extremely low, nine very low, and 66 low income units. This qualifies the Modified Project for the benefits and protections of the State Density Bonus Law, including a density bonus, the right to request an unlimited number of waivers from development standards that would otherwise physically preclude the Modified Project at the proposed density, five “concession or incentive,” as well as a reduced parking ratio (no minimum parking). In addition, pursuant to the City’s Affordable Housing Ordinance (BCC Chapter 20.40), the Project is entitled to five additional incentives.

In accordance with BCC Chapter 20.42 and the State Density Bonus Law, the Modified Project includes the following requests, as shown in Table 2 below:

Table 2. Requested Density Bonus
Types of Request Applicable Development
Standard
Density Bonus
Provisions
Modified
Project
Reduced Parking
102
(1-bed unit: 1 space per unit
2-bed unit: 2 spaces per unit)
No minimum parking
required 63
Reduced Common
Open Space
6,375 sq. ft.
(75 sq. ft. per unit)
Reduction/waiver allowed
through Waiver or
Concession/Incentive
2,000 sq. ft.

Bicycle Parking 85
1 bicycle parking space per unit
Reduction/waiver allowed
through Waiver or
Concession/Incentive
50 It should be noted that the Modified Project is not requesting a Density Bonus. The proposed 85 units is below the maximum density allowed for the Project Site, which is 114 units.

Component Prior Project Modified Project % change
Number of Units 114 85 25% decrease
Number of Stories 5 5 None
Building Height 68’ 63’ 7% decrease
Gross Floor Area 141,836 sq. ft. 81,445 sq. ft. 42% decrease Site Coverage 34,929 sq. ft. 17,123 sq. ft. 50% decrease Parking Spaces 114 63 44% decrease
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SUMMARY OF THE CERTIFIED FEIR FINDINGS AND MODIFIED PROJECT IMPACTS The following summarizes the environmental impacts, mitigation measures, and significance determinations from the Certified FEIR for the Prior Project, and how the impacts identified in the Certified FEIR would remain consistent or be reduced through implementation of the Modified Project. As discussed in this memorandum, the Modified Project would not create any new significant impacts or increase the severity of impacts previously identified. It would also not otherwise require additional environmental review under State CEQA Guidelines Section 15162.

In addition, all mitigation measures identified in the Certified FEIR would continue to apply to the Modified Project.

Summary of the Certified FEIR Findings
As explained in the Certified FEIR, the following environmental topics were determined to be less than significant during scoping for the EIR and were therefore not discussed in detail in the Draft EIR, in accordance with CEQA Guidelines:
• Aesthetics
• Agriculture and Forestry Resources
• Biological Resources
• Energy
• Geology and Soils
• Hydrology and Water Quality
• Mineral Resources
• Recreation
• Utilities and Service Systems
• Wildfire
The following briefly describes the Certified FEIR’s findings on the remaining environmental topics:
• Air Quality: The Certified FEIR determined that the Prior Project’s impacts on air quality were less than significant through compliance with existing regulations and standard conditions of approval. No mitigation measures were required. • Cultural and Paleontological Resources: Most cultural resource impacts were less than significant. However, potential impacts related to the discovery of archaeological and paleontological resources during ground disturbance were considered potentially significant. However, with the implementation of the following mitigation measures, the potential impacts to cultural and paleontological resources were determined to be less than significant:
o Mitigation Measure CUL-1 requires that a qualified archaeologist be on call during grading, and that any discovered cultural resources be evaluated and curated at an appropriate local repository.
o Mitigation Measure CUL-2 requires either a paleontological field survey prior to construction or monitoring of excavations below five feet, with similar curation provisions for any significant finds.
• Greenhouse Gas Emissions (GHG): Impacts were determined to be less than significant without the need for mitigation, based on regulatory compliance and project consistency with applicable GHG reduction plans.
• Hazards and Hazardous Materials: Hazard-related impacts were found to be less than significant, with the exception of the potential for construction activities to disturb residual Community Development Department Memorandum
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pesticides (organochlorine and lead arsenate) in surface soils from historical agricultural use. However, with the implementation of the following mitigation measures, the potential impacts to cultural and paleontological resources were determined to be less than significant:
o Mitigation Measure HAZ-1 requires a Phase II Environmental Site Assessment (ESA) prior to construction. If elevated concentrations are found, remediation—such as excavation or capping—must occur in accordance with DTSC and EPA guidance. • Land Use and Planning: The Prior Project was found to be consistent with applicable land use plans and policies. All impacts were less than significant without the need for mitigation.
• Noise: All noise-related impacts were determined to be less than significant based on regulatory compliance and standard conditions of approval. No mitigation was required. • Population and Housing: The Prior Project was determined to not induce unplanned population growth or displace existing housing. Impacts were found to be less than significant.
• Public Services: Impacts related to public services, including fire protection, police services, school services, parks, and library services, were all determined to be less than significant through adherence to existing regulations and standard conditions of approval.

No mitigation was required.
• Transportation: Transportation-related impacts were found to be less than significant, with the exception to the potential for conflict with program, plan, ordinance, or policy addressing the circulation system, specifically associated with delay at 3 of 14 key study intersections. Although potential mitigation measures were considered, they were rejected due to the subject intersections being located within Caltrans jurisdiction. As such, a Statement of Overriding Considerations was adopted as part of the Certified FEIR. • Tribal Cultural Resources: Impacts were identified by the potential for construction to affect Native American cultural resources. However, with the implementation of the following mitigation measures, the potential impacts to cultural and paleontological resources were determined to be less than significant:
o Mitigation Measure CUL-1 (previously described) would apply. o Mitigation Measure TCR-1 requires notification and consultation with tribes if a resource is identified as Native American in origin.
o Mitigation Measure TCR-2 allows for voluntary tribal monitoring of ground-disturbing activities.

Modified Project Impacts Analysis
Table 3 below outlines how the impacts identified in the Certified FEIR would remain consistent or be reduced through implementation of the Modified Project:

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Table 3. Modified Project Impacts Analysis
N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Aesthetics1 LS None LS None Reduction
The Modified Project would occupy the same site analyzed in the certified FEIR. While the Modified Project would maintain an aesthetic consistent with that assessed in the Certified FEIR, it would result in a significantly smaller overall building size and building footprint, and reduced height, compared to the project previously evaluated. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for aesthetics.

Agricultural and
Forestry
Resources1
N None N None No change
The Modified Project would occupy the same site analyzed in the Certified FEIR. The Project Site is listed as Urban and Built-up Land by Division of Land Resource Protection, and the Certified FEIR did not identify any agricultural uses on the Project Site or within its vicinity. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for agricultural and forestry resources.

Air Quality LS None LS None Reduction
The Modified Project consists of a decrease in building size, unit count, and expected number of tenants and vehicles. In addition, the Modified Project would still be required to conform to all applicable regulatory standards, including but not limited to, California Green Building Standards Code, California Building Energy and Efficiency Standards,
California Code of Regulations Title 13 Section 2449, and South Coast Air Quality Management District’s rules. As such, the Modified Project would not result in any new
significant impact nor increase the severity of previously identified impacts for air quality.

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N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Biological
Resources1 N; LS None N; LS None No change
The Project Site is a vacant property with sparse vegetation on the parameter of the site, and the Certified FEIR
determined that there is no native habitat and no habitat suitable for sensitive species on-site, the Project Site is not located within a natural community conservation plan or habitat conservation plan area, and would not include
development near any wetlands or riparian habitats. In
addition, the Modified Project would be required to conform to all applicable regulatory standards, including but not limited to, California Fish and Game Code. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for biological resources.

Cultural and
Paleontological
Resources
N; LS CUL-1
CUL-2 N; LS CUL-1
CUL-2 No change
The Modified Project would be located on the same Project Site as analyzed in the Certified FEIR. Although the Modified Project would result in significantly reduced square footage as compared to the Prior Project, the Project Site would remain the same as evaluated in the Certified FEIR and still involve ground-disturbing activities that may uncover
previously undiscovered cultural and paleontological
resources. As such, the original mitigation measures would apply to the Modified Project. With implementation of same mitigation measures, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for cultural and paleontological resources.

Energy1 LS None LS None Reduction
The Modified Project would consume less energy than the Prior Project as it includes substantial reduction in building size and footprint, which would result in reduced construction activity. With fewer units and less expected number of
tenants, the energy use during operations would also be reduced. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for energy.

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N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Geology and
Soils1 N; LS None N; LS None No change
The Modified Project would occur at the same Project Site as the Prior Project, and therefore would be consistent with the scope of the site evaluated in the Certified FEIR. In addition, the Modified Project would be required to comply with all applicable regulatory requirements, including, but not limited to, California Building Standards Code and best management practices (BMPs). As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for geology and soils.

Greenhouse
Gas Emissions
(GHG)
LS None LS None Reduction
The Modified Project consists of a decrease in building size, unit count, and expected number of tenants and vehicles.

Therefore, GHG emissions during construction and operation of the Modified Project would be reduced compared to what was evaluated by the Certified FEIR. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for GHG.

Hazards and
Hazardous
Materials
N; LS HAZ-1 N; LS HAZ-1 No change
Development associated with the Modified Project would be consistent with the analysis in the Certified FEIR, only on a smaller scale. The Modified Project would also be located on the same Project Site analyzed by the Certified FEIR. As such, the original mitigation measures would apply to the Modified Project. In addition, the Modified Project would be required to comply with all applicable regulatory
requirements, including, but not limited to, normal safety practices and adherence to federal, state, and local
regulations related to hazardous materials, National Pollution Discharge Elimination System (NPDES) permit and
Stormwater Pollution Prevention Plan (SWPPP). With
implementation of same mitigation measures, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for hazards and hazardous materials.

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N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Hydrology and
Water Quality1 LS None LS None No change
Development associated with the Modified Project would be consistent with the analysis in the Certified FEIR, only on a smaller scale. The Modified Project would also be located on the same Project Site analyzed by the Certified FEIR. In addition, the Modified Project would be required to comply with all applicable regulatory requirements, including, but not limited to, NPDES, BMPs, and preparation and compliance with project specific Water Quality Management Plan,
Hydrology Report. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for hydrology and water quality.

Land Use and
Planning LS None LS None No change
Development associated with the Modified Project would be consistent with the analysis in the Certified FEIR, only on a smaller scale (i.e. less units, and reduced square footage and height). In addition, the Modified Project would provide a similar aesthetic to that analyzed in the Certified FEIR. As such, the Modified Project would be compatible with the surrounding land uses and remain consistent with relevant plans and policies. In addition, the Modified Project would still be located within the same site analyzed in the Certified FEIR and, therefore, would not physically divide an established community as the Modified Project does not propose any
new structures that may block circulation to the surrounding areas. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for land use and planning.

Mineral
Resources1 N None N None No change
The Modified Project would be located on the same Project Site as analyzed in the Certified FEIR, and the Certified FEIR determined that there is adequate information indicating that no significant mineral deposits are present or likely to be present at the Project Site. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for mineral resources.

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N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Noise N; LS None N; LS None Reduction
The Modified Project is anticipated to require a similar amount of grading and soil hauling; however, it would result in reduced construction and operational activities as the Modified Project includes substantial reduction in building size and footprint compared to the Prior Project analyzed by the Certified FEIR, resulting in a similar or reduction in potential noise and vibration impacts compared to the Prior Project. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for noise.

Population and
Housing N; LS None N; LS None Reduction
The Certified FEIR determined that the projected population growth of the Prior Project would not induce substantial additional growth nor displace people and/or housing. Since the Modified Project includes reduced number of units and commensurately lower population increase, on the same
Project Site, the impact to population and housing would be less than compared to the Prior Project. As such, the
Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for population and housing.

Public Services LS None LS None Reduction
The Certified FEIR found that the proposed population
increase associated with the Prior Project would be
consistent with the projections of the City’s General Plan and that impacts to fire protection, police protection, schools, parks, and other facilities would be less than significant with implementation of regulatory requirements (i.e. payment of development impact fees). The Modified Project would
implement the same regulatory requirements and would
include fewer housing units and commensurately lower
population increase compared to the assumptions evaluated in the Certified FEIR. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for public services.

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N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Recreation1 LS None LS None Reduction
The Certified FEIR determined that there are adequate
recreational facilities in the City, even with implementation of the Prior Project. Since the Modified Project consists of reduced number of units and commensurately lower
population increase, the potential impact on recreation is reduced compared to the Prior Project. As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for recreation.

Community Development Department Memorandum
Addendum to FEIR 19-01
August 19, 2025
Page | 15
N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Transportation N; LS; S None2 N; LS; S None2 Reduction
The Modified Project consists of reduced number of units and commensurately lower population increase. This reduction would result in a corresponding reduction in expected
residents, which in turn would lead to a reduction in projectrelated trip generation and vehicle miles traveled (VMT) compared to that evaluated in the certified FEIR. In addition, pursuant to the City’s current Transportation Impact Analysis (TIA) Guidelines, the Modified Project would screen out of the TIA as it is a 100% affordable housing project. The Modified Project would also ensure proper emergency access and
would not include any design features of the internal
circulation system that may result in hazardous conditions through standard permit review processes and approval by the City of Brea Fire Department. In addition, the benefits in support of the Statement of Overriding Considerations
included in the Certified FEIR remains similar with the Modified Project because the Modified Project, which is similar in nature with the Prior Project (only smaller in scale), would meet the established objective, still provides highdensity housing that helps with the City’s Regional Housing Needs Assessment (RHNA) obligation, improves the Project Site, implements the Brea Envisions Objectives, and is
consistent with the regional goals established by Southern California Association of Government’s (SCAG). As such, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for transportation.

Community Development Department Memorandum
Addendum to FEIR 19-01
August 19, 2025
Page | 16
N: No Impact
LS: Less than Significant Impact
S: Significant Unavoidable Impact
Impact Area
Prior Project Modified Project Overall Change
in Impact
Severity
Reason Level of
Significance
Mitigation
Measure
Level of
Significance
Mitigation
Measure
Tribal Cultural
Resources LS
CUL-1
TCR-1
TCR-2
LS
CUL-1
TCR-1
TCR-2
No change
The Modified Project would be located on the same Project Site as analyzed in the Certified FEIR. Although the Modified Project would result in significantly reduced square footage as compared to the Prior Project, the Project Site would remain the same as evaluated in the Certified FEIR and still involve ground-disturbing activities that may uncover
previously undiscovered tribal cultural resources. As such, the original mitigation measures would apply to the Modified Project. With implementation of same mitigation measures, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for tribal cultural resources.

Utilities and
Service
Systems1
LS None LS None Reduction
The Modified Project consists of reduced number of units and commensurately lower population increase, resulting in
overall less demand on utilities and service systems. As such, the Modified Project would not result in any new
significant impact nor increase the severity of previously identified impacts for utilities and service systems.

Wildfires1 LS None LS None No change
The Certified FEIR Determined that there is less than
significant impacts related to wildfire associated with the Project Site. Since the Modified Project would occur at the Project Site, and consists of a development that is similar in use and design while providing less density, the Modified Project would not result in any new significant impact nor increase the severity of previously identified impacts for wildfires.

Notes:
1 These environmental topics were determined to be less than significant during scoping for the EIR and were therefore not discussed in detail in the Draft EIR, in accordance with CEQA Guidelines.
2 Although potential mitigation measures were considered, they were rejected due to the subject intersections being located with Caltrans jurisdiction. As such, a Statement of Overriding Considerations was adopted as part of the Certified FEIR.

Community Development Department Memorandum
Addendum to FEIR 19-01
August 19, 2025
Page | 17

CONCLUSION
As demonstrated above, the Modified Project has been fully and properly evaluated for significant impacts under CEQA in the Certified FEIR. None of the conditions in Section 15162 of the State CEQA Guidelines that would require preparing a new or subsequent EIR apply. Also, all applicable mitigation measures listed in the project-specific Mitigation Monitoring and Reporting Program (Attachment A), along with regulatory requirements, standard conditions of approval, and design features identified in the Certified FEIR, will be incorporated into the Modified Project.

With these measures in place, the Modified Project would not substantially degrade environmental quality, cause impacts that are individually limited but cumulatively considerable, or result in environmental effects that could significantly harm people, directly or indirectly.

Since the May 19, 2020 certification of the Certified FEIR, no significant changes in project circumstances have occurred that would worsen its physical impacts. No new important information meeting the criteria of State CEQA Guidelines Section 15162 has been identified. As shown in this Addendum Memorandum, the Modified Project would not create any new significant environmental impacts, substantially increase the severity of previously identified impacts, or require different or additional mitigation measures. It would also not make feasible any mitigation measures or alternatives that were previously considered infeasible. Overall, the effects of the Modified Project would be similar to or less than those described in the certified FEIR, and it would not create cumulative impacts beyond those already analyzed.

The City’s original findings when certifying the FEIR still apply to the Modified Project. In accordance with State CEQA Guidelines Section 15162, the analysis in this Addendum Memorandum, together with the Certified FEIR, shows that the environmental impacts for the Modified Project have been adequately evaluated. Therefore, no further CEQA analysis is required.

Attachment:

A – Mitigation Monitoring and Reporting Program
November 2019 | Mitigation Monitoring and Reporting Program State Clearinghouse No. 2018121032

MERCURY LANE RESIDENTIAL
for City of Brea
Prepared for:

City of Brea
Contact: Jennifer Lilley, AICP, City Planner
1 Civic Center Circle
Brea, California 92821
714.990.7674
Prepared by:

PlaceWorks
Contact: Nicole Vermilion, Associate Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
[email protected]
www.placeworks.com
Attachment A

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA
Table of Contents
November 2019 Page i
Section Page

1. INTRODUCTION.............................................................................................................................. 1

1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM............................ 1

1.2 PROJECT LOCATION ....................................................................................................................................... 1

1.3 PROJECT DESCRIPTION................................................................................................................................. 1

1.4 ENVIRONMENTAL IMPACTS........................................................................................................................ 2

2. MITIGATION MONITORING REQUIREMENTS.............................................................................. 5

2.1 CATEGORIZED MITIGATION MEASURES/MATRIX......................................................................... 5

3. REPORT PREPARATION ............................................................................................................... 9

3.1 LIST OF PREPARERS......................................................................................................................................... 9

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA
Table of Contents
Page ii PlaceWorks
List of Tables
Table Page
Table 1 Mercury Lane Residential Land Use Statistics.................................................................................. 2 Table 2 Mitigation Monitoring Requirements................................................................................................ 7 November 2019 Page 1

1. Introduction

1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING

PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures and conditions of approval outlined in the Draft Environmental Impact Report (DEIR), State Clearinghouse No. 2018121032. The Mitigation Monitoring and Reporting Program has been prepared in conformance with Section 21081.6 of the Public Resources Code and Insert City Monitoring Requirements. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.

1.2 PROJECT LOCATION
The project site is within the City of Brea, at the southeast corner of Berry Street and Mercury Lane, and on a square-shaped parcel (Assessor’s Parcel Number [APN] 296-141-05). The project site is vacant and undeveloped. The project site is approximately 1.01 acres and is situated within a commercial industrial area just west of downtown Brea. The project site is surrounded by light industrial land, and general industrial, and commercial office uses.

1.3 PROJECT DESCRIPTION
The proposed project involves the construction of workforce housing, thereby, increasing the number of housing units in the City of Brea. The proposed project would also include recreational amenities and landscaping for the proposed workforce housing.

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

1. Introduction

The proposed project would construct a five-story, 114-unit workforce housing development on a 1.01-acre parcel. The building would be an approximately 68-foot-tall, 141,137-square-foot podium structure, and would result in a density of 112.9 units per acre. The proposed project would include recreational amenities, such as barbeques and a bocce ball court, which would be on the third-floor podium in an outdoor courtyard. A summary of the units by type and square footage is provided in Table 1, Mercury Lane Residential Land Use Statistics.

Table 1 Mercury Lane Residential Land Use Statistics
Unit Name/Type Unit Type Square Feet/Unit Number Total Square Feet FP-1 Studio 452 5 units 2,260
FP-2 Studio 458 79 units 36,182
FP-3 Studio 596 2 units 1,192
FP-4 1 Bedroom 651 15 units 9,765
FP-5 1 Bedroom 675 9 units 6,075
FP-6 2 Bedroom 1,111 4 units 4,444
Total 114 units 59,918
Common/Service Areas (hallways, etc.) 22,570
Amenities (Leasing, Clubhouse, Fitness) 5,083
Parking Structure (Parking, Storage, Bicycle Storage) 118 spaces 53,566 Total 114 141,137
Open Space (Courtyard, Sky Deck) 10,815
Landscaped Area 6,387

1.4 ENVIRONMENTAL IMPACTS

1.4.1 Impacts Considered No Impact or Less Than Significant The EIR identified various thresholds from the CEQA Guidelines among a number of environmental categories that would not be significantly impacts by the proposed project in Chapter 5, Environmental Analysis, and Chapter 8, Impacts Found Not to Be Significant, and therefore, did not require mitigation. Impacts to the following environmental resources were found to be less than significant or no impact:
 Aesthetics
 Agriculture and Forestry Resources
 Air Quality
 Biological Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hydrology and Water Quality
 Land Use and Planning
 Mineral Resources
 Noise
 Population and Housing
 Public Services
 Recreation
 Utilities and Service Systems
 Wildlife

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

1. Introduction
November 2019 Page 3

1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened
The EIR concluded that the proposed project could result in one or more potentially significant impacts in the following topic areas:
 Cultural and Paleontological Resources
 Hazards and Hazardous Materials
 Tribal Cultural Resources
However, the EIR also found that these impacts would be reduced, avoided, or substantially lessened through the implementation of mitigation measures, which are listed in Table 2.

1.4.3 Unavoidable Significant Adverse Impacts
The following impact would remain significant and unavoidable after implementation of required mitigation, as identified in the EIR:
 Transportation (cumulative impacts to Caltrans intersections)

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

1. Introduction

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November 2019 Page 5

2. Mitigation Monitoring Requirements

2.1 CATEGORIZED MITIGATION MEASURES/MATRIX
Project-specific mitigation measures have been categorized in matrix format, as shown in Table 2. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures.

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

2. Mitigation Monitoring Requirements

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MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

2. Mitigation Monitoring Requirements
November 2019 Page 7
Table 2 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)

CULTURAL AND PALEONTOLOGICAL RESOURCES
CUL-1 Prior to issuance of grading permits, a qualified archaeological monitor shall be identified to be on call during ground-disturbing activities. If archeological resources are discovered during excavation and/or construction activities, construction shall stop within 25 feet of the find, and the qualified archeologist shall be consulted to determine whether the resource requires further study. The archeologist shall make recommendations to the City of Brea to protect the discovered resources. Archeological resources recovered shall be provided to an accredited museum such as the John D. Cooper Center in Fullerton or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.

Qualified Archaeologist and
Project Applicant
Prior to issuance of grading
permits and during
construction activities
City of Brea Planning
Division
CUL-2 Prior to construction, (1) a field survey for paleontological resources consisting of record search, survey, background context, and projectspecific recommendations shall be conducted by a qualified paleontologist; or (2) a qualified paleontologist shall monitor all excavations below five feet. If unique paleontological resources are discovered during excavation and/or construction activities, construction shall stop within 25 feet of the find, and the qualified paleontologist shall be consulted to determine whether the resource requires further study.

The paleontologist shall make recommendations to the City of Brea to protect the discovered resources. Any paleontological resources recovered shall be provided for curation at a local curation facility such as the Los Angeles County Natural History Museum, the John D.

Cooper Center in Fullerton, or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.

Qualified Paleontologist and
Project Applicant
Prior to construction or
during construction activities
City of Brea Planning
Division

HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 Prior to construction activities onsite, a limited Phase II investigation shall be conducted to assess the surface soil of the project site for residual organochlorine and lead arsenate pesticides. The Phase II investigation shall be conducted in accordance with guidelines developed by the Department of Toxic Substances Control (DTSC) and Environmental Protection Agency (EPA) for site assessments. The Project Applicant and the
City’s Independent ThirdParty Reviewer
Prior to construction City of Brea Planning
Division

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

2. Mitigation Monitoring Requirements

Table 2 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing Responsibility for Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Phase II investigation shall estimate the potential threat to public health and the environment if concentrations of pesticides are encountered using methods outlined in DTSC’s Preliminary Endangerment Assessment Guidance Manual and DTSC’s Screening Level Human Health Risk Assessment guidance for implementing screening level risk analysis. The Phase II investigation shall be submitted to the City of Brea Community Development Department for review and approval by an independent third-party reviewer. If the Phase II testing reveals concentrations of organochlorine pesticides and lead arsenic above health-based screening levels for residential exposure, remediation of the site shall be required to address residual organochlorine and lead arsenate pesticides above health-based level of concern. Remediation may include excavation and disposal of impacted soil or capping elevated areas beneath paved areas. The Construction Contractor shall implement the recommendations outlined in the Phase II

TRIBAL CULTURAL RESOURCES
TCR-1 If the professional archaeologist implementing Mitigation Measure CUL1 believes that a cultural resource encountered onsite is of Native American origin, the archaeologist shall notify representatives of Native American tribes with traditional territories in the project region. If requested by the Native American tribe(s), the developer or archaeologist on-call shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe).

If the resources are Native American in origin, a tribal monitor from the consulting tribe shall be present during the remaining site-grading activities.

Tribal Monitor, Qualified
Archaeologist, and Project
Applicant
During site-grading activities City of Brea Planning
Division; Project Applicant
TCR-2 During construction activities, the project applicant shall allow archaeological monitors of Native American tribes to access the project site on a volunteer basis to monitor grading and excavation activities.

Archaeological Monitors of
Native American Tribes and
Project Applicant
During construction activities
(grading and excavation
activities)
Project Applicant
November 2019 Page 9

3. Report Preparation

3.1 LIST OF PREPARERS
City of Brea
Jennifer Lilley, AICP, City Planner
Maribeth Tinio, Senior Planner
PlaceWorks
Bill Halligan, Esq., Managing Principal, Environmental Services Nicole Vermilion, Associate Principal
Jasmine Osman, Project Planner

MERCURY LANE RESIDENTIAL MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF BREA

3. Report Preparation

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Berry Ln. Mercury Ln. IMPERIAL HWY. 0 8 16 32 A0.0 COVER SHEET Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 ARCH: A0.0 COVER SHEET A1.0 SITE PLAN A2.0 BUILDING ELEVATIONS A2.1 BUILDING ELEVATIONS A3.0 BUILDING PLANS A3.1 BUILDING PLANS A3.2 BUILDING PLANS A3.3 BUILDING PLANS Project Team: Owner/ Developer C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 Contact: Todd Cottle Architecture KTGY Group, Inc. 17911 Von Karman Ave, Ste 200 Irvine, CA 92614 Contact: Keith Labus Vicinity Map: NTS SCOPE OF WORK: NEW CONSTRUCTION OF 85 SENIOR AFFORDABLE RENTAL UNITS LIST OF REQUIRED ENTITLEMENTS: DENSITY BONUS ZONING CONFORMANCE DEVELOPMENT STANDARDS: EXISTING ZONING - PLANNED COMMUNITYSITE 3 15 15 Notes: 1. Unit plans meet the following minimum floor areas: 1 Bedroom units - 595 s.f. 2 Bedroom units - 800 s.f.
68' Transformers
Deliveries and ride sharePick up/Drop off area Senior Affordable Apartments Project Data Gross Site Area ±1.01 ac (44,038 SF) Unit Count ±85 Density±85 DU/ac Current Zoning PC - Planned Community Setbacks Minimum Proposed Front Yard 10' 10' Side Yard (street) 10' 10' Side Yard 10' 25' Rear Yard 10' 10' Max Height 68' +/-63' Unit Summary: Unit Mix Count Ratio 1 Bedrooms 68 80.0% 2 Bedrooms 17 20.0% 85 100.0 % Building Area Summary: Residential±64,322 SF Leasing & Amenity±10,151 SF Tuck-Under Parking±6,972 SF±81,445 SF F.A.R.: Building Area ( ±81,445 SF) / Site Area (
±44,038 SF) = 1.85 (3.0 Allowed) Lot Coverage: Building Footprint ( ±17,123 SF) / Site Area (
±44,038 SF) = 38.8% (80% Allowed) Parking Summary: Required Parking Unit Type Count Ratio Total 1 Bedrooms 68 0.50 Space/ Unit 34 Spaces 2 Bedrooms 17 0.75 Space/ Unit 13 Spaces 47 Spaces Parking Provided: 63 Spaces 0.75 Spaces/ DU 3 12'-0" 9'-1" 9'-1" 9'-1" 9'-1"
±63'-0"
54'-0" Materials: 1) Stucco 2) Vinyl Windows 3) Stucco over Foam Trim 4) Storefront 5) Stucco Pillaster 6) Illuminated Monument Sign 7) Awning 8) Metal Mesh Screen 9) Trash Enclosure Rolling Door 10) Decorative Fins

EXIT STAIR DOWN
LEVEL # STAIR ID TT EXIT STAIR DOWN LEVEL #
STAIR ID 30" X 78" WORKBENCH 18" X48" FILING CABINET 18" X60" FILE / PRINTER CABINET 24" X 57" RETURN DESK 30" X 78" DESK 18" X60" FILE / PRINTER

CABINET
18" X60" FILE / PRINTER CABINET Site Plan: NTS 0 4 8 16 A2.0 BUILDING ELEVATIONS Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 A. NORTH ELEVATION TOP OF PARAPET B. SOUTH ELEVATION 8 10 5 4 3 6 7 2 1 6 AB ROOF FLOOR 5 FLOOR 4 FLOOR 3 FLOOR 2 FLOOR 1 3 15 12'-0" 9'-1"
±63'-0"
9'-1" 9'-1" 9'-1"
54'-0" Materials: 1) Stucco 2) Vinyl Windows 3) Stucco over Foam Trim 4) Storefront 5) Stucco Pillaster 6) Illuminated Monument Sign 7) Awning 8) Metal Mesh Screen 9) Trash Enclosure Rolling Door 10) Decorative Fins

EXIT STAIR DOWN
LEVEL # STAIR ID TT EXIT STAIR DOWN LEVEL # STAIR ID 30" X 78" WORKBENCH 18" X48" FILING CABINET 18" X60" FILE / PRINTER CABINET 24" X 57" RETURN DESK 30" X 78" DESK 18" X60" FILE / PRINTER
CABINET 18" X60" FILE / PRINTER CABINET Site Plan: NTS 0 4 8 16 A2.1 BUILDING ELEVATIONS Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 TOP OF PARAPET 5 7 3 6 5 3 4 3 1 3 3 2 1 9 2 1 10 6 4 5 3 D. EAST ELEVATION C D C. WEST ELEVATION ROOF FLOOR 5 FLOOR 4 FLOOR 3 FLOOR 2 FLOOR 1 3 15

EXIT STAIR DOWN
LEVEL # STAIR ID TT EXIT STAIR DOWN LEVEL #
STAIR ID 30" X 78" WORKBENCH 18" X48" FILING CABINET 18" X60" FILE / PRINTER CABINET 24" X 57" RETURN DESK 30" X 78" DESK 18" X60" FILE / PRINTER

CABINET
18" X60" FILE / PRINTER CABINET 0 5 10 20 A3.0 BUILDING PLANS FLOOR 1 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 GROUND FLOOR MW Trash Room Storage Community Game Room Maintenance Outdoor Patio Space Leasing Office Building Lobby Group Activity Bike Room Utility Closet Exercise Room Fitness Room Laundry Room Combined Mail and Parcel Room Elevator 3 15

EXIT STAIR DOWN
LEVEL # STAIR ID EXIT STAIR DOWN LEVEL #
STAIR ID A3.1 BUILDING PLANS FLOORS 2-4 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P2-2 UNIT P1-1 UNIT P1-1 UNIT P1-2 UNIT P1-2 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P2-1 UNIT P2-1 UNIT P2-2 UNIT P2-2 TYPICAL RESIDENTAL FLOORS (FLOORS 2-4) 0 5 10 20 3 15 EXIT STAIR DOWN LEVEL #

STAIR ID

EXIT STAIR DOWN
LEVEL # STAIR ID A3.2 BUILDING PLANS FLOOR 5 Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-2 UNIT P1-2 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT P1-1 UNIT ROOFTOP P1-1 DECK UNIT P2-2 FLOOR 5 0 5 10 20 UNIT P2-2 3 15 A3.3 BUILDING PLANS ROOF PLAN Architecture + Planning 17911 Von Karman Ave, Suite 200 Irvine, CA 92614 949.851.2133 ktgy.com # BREA AFFORDABLE SENIORS BREA, CA 2024-0833 CONCEPTUAL DESIGN JULY 15, 2025 C&C DEVELOPMENT 14211 YORBA ST TUSTIN, CA 92780 ROOF PLAN 0 5 10 20 3 15 City of Brea
City Council Regular Meeting Communication
D. Project Preview: The Mercury Lane Affordable Housing Development Meeting
Tuesday, April 15, 2025, 7:00 PM
Agenda Group
STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR
6:30 P.M. Item: 1D.

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

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

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

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

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

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

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

The breakdown of the proposed affordability is as follows:

Proposed Affordability Breakdown
Income Category Income Range* Number of Units
Extremely Low 30% AMI or less 9
Very Low 31% to 50% AMI 9
Lower Income
51% to 60% AMI 30
61% to 70% AMI 36
Market
manager ’s unit) Above 120% AMI 1
Total 85
Orange County 2024 Area Median Income ( AMI) for a family of four is $129, 000 To the extent allowed by housing laws, the Applicant proposes to prioritize tenants who are seniors and/ or veterans, as well as households with one or more members currently employed in or residing in the City of Brea. In an effort to solicit cursory feedback on both the Project itself and the funding request further explained in the section below, staff has prepared this informational item for Council. The preliminary project plans provided as Attachment A of this repor t, and Figure 1 below illustrates the location of the Project Site.

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

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

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

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

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

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

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

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

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

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

The PPR conformance letter is provided as Attachment C.

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

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

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

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

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

FISCAL IMPACT/SUMMARY
At this time, C&C Development is requesting a loan in the amount of $2,331,800 from the Affordable Housing Trust Fund ( 270) and a $659,311 impact fee deferral loan to facilitate construction of the affordable units. As of the drafting of this staff report, and including the previous commitments by the City Council of these funds, the estimated Affordable Housing Trust Fund balance is currently $ 3,807,635. 00.

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

RESPECTFULLY SUBMITTED:

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

ATTACHMENT A
C& C Development
C&C is a full-service affordable housing developer with over 30 years of trusted experience. This experience has taught us to approach every project with the long-term
in mind.

Through quality of design and construction, we are
developing projects to be successful today, and
developing projects that will remain successful 10, 20, and 30 years into the future.

C&C takes a hands- on approach to all aspects of the
real estate development process: acquisition,
entitlement, financing, construction, management, and
ownership.

Committed to providing high-quality developments
with responsive management services to create and
preserve affordable housing.

C&C works closely with the City to meet affordable
housing production requirements, as well as to achieve
goals relating to neighborhoods and specific properties.

We focus on the long-term stability of every project.

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

RECENT DEVELOPMENTS

MEADOWS SENIORS
65 Units
101 Lopala
Lake Forest

VALENCIA GARDEN
62 Units
525 W. Struck Avenue
Orange

ALTRUDY SENIORS
48 Units
18549 Altrudy Lane
Yorba Linda

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

GROVES SENIORS
75 Units
30333 Camino Capistrano
San Juan Capistrano

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

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

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

ATTACHMENT B
14211 Yorba St., Ste. 200 Tustin, CA 92780
714-288- 7600 www. c-cdev. com
Project Cost: $ 42,074,331
Project Sources: $ 15,794,720 Citi Bank Permanent Loan
2,331,800 City of Brea Loan
659,311 City of Brea Impact Fee Deferral Loan
1,546,000 Orange County Housing Finance Trust Loan
1,237,500 County of Orange Loan
2,471,341 Deferred Developer Fee
18,033,659 Limited and General Partner Equity
42,074,331 Total Development Cost
City Sources Included in Project Sources:
2,331,800 City of Brea Loan
659,311 City of Brea Impact Fee Deferral
City of Brea Development Loan Terms:
55 Year Loan repaid through residual receipt cash flow.

Residual receipt cash flow to be split on a 50%/50% basis between the City and Developer.

Loan to carry a 0.25% interest rate.

City loan to be secured by a Deed of Trust recorded against the property.

Regulatory Agreement shall be recorded against the property concurrent with the acquisition.

City of Brea Impact Fee Deferral Loan:
55 Year Loan repaid through residual receipt cash flow.

Residual receipt cash flow to be split on a 50%/50% basis between the City and Developer.

Loan to carry a 0.25% interest rate.

The $659,311 Impact Fee Deferral Loan shall be considered funded concurrent with issuance of building permits to offset the impact fees collected and held by the City of Brea. Developer has prepared a schedule of the anticipated impact fees for the development. To the extent the impact fees required to be paid by the development at time of building permit issuance exceed the initial calculation the project will be responsible for paying the difference.

City Impact Fee Deferral Loan to be secured by a Deed of Trust recorded against the property.

Next Steps/ Schedule:

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

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

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

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

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

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

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

1. Affordable Housing Loan Agreement / Regulatory Agreement

2. Promissory Note

3. Deed of Trust

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

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

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

Sincerely,
Todd Cottle
C& C Development
714-714-0600
todd@c- cdev.com
Attachments: Pro Forma
Impact Fee Analysis

Brea Senior Housing ( 85 Units) Page 2 of 8
Developer: C& C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_ 60% AMI

DEVELOPMENT BUDGET

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

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

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

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

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

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

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

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

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

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

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

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

MISCELLANEOUS INCOME
P/ U/ Month MONTHLY ANNUAL
Laundry $ 6.00 $ 510 $ 6,120
Subtotal $ 510 $ 6,120
Vacancy Factor 5.00% Eff. Gross Misc. Inc.$ 484 $ 5,814 Total Units Total SF ( Residential) TOTAL EFF. GROSS INCOME MONTHLY ANNUAL TOTAL 85 63,070 GROSS INCOME $ 168,833 $ 2,025,996
EFF. GROSS INCOME $ 160,391 $ 1,924,695
250402_Brea Senior Housing ( 85 Units)_ BB_ 60%. xlsx
Brea Senior Housing ( 85 Units) Page 4 of 8
Developer: C& C Revised: 4/ 2/ 2025
Version: Preliminary Analysis., 4% LIHTCs_ 60% AMI

OPERATING EXPENSES
NPLH %
Income Summary Vac. Factor Residential 0. 00%
Gross Income $ 1,863, 972 $ 61, 380
Avg. Gross Income Vacancy 5.00% ($ 93, 199)($ 9,207)
Section 8 Subsidy $ 155, 904 $ 0
Section 8 Vacancy 5. 00% ($ 7,795)$ 0
Miscellaneous Income $ 6, 120 $ 0
Misc. Income Reduction 5. 00% ($ 306)$ 0
1,924, 696 $ 52, 173

ANNUAL OPERATING EXPENSES
General Administrative Total Per Unit
Advertising $ 2,000 $ 24 $ 0
Legal $ 5,000 $ 59 $ 0
Accounting/ Audit $ 12, 000 $ 141 $ 0
Office, phone, misc. $ 25, 000 $ 294 $ 0
Total Gen. Administrative $ 44, 000 $ 518 $ 0
Management Fee $ 153, 976 $ 1,811 $ 0
Utilities
Gas $ 12, 270 $ 144 $ 0
Electricity ( Solar) $ 14, 000 $ 165 $ 0
Water/ Sewer $ 36, 000 $ 424 $ 0
Total Utilities $ 62, 270 $ 733 $ 0
Payroll/ Payroll Taxes
On- site Manager $ 58, 000 $ 682 $ 0
Maintenance Personnel $ 37, 440 $ 440 $ 0
Payroll Taxes, Benefits $ 31, 495 $ 371 $ 0
Total Payroll/ Payroll Taxes $ 126, 935 $ 1,493 $ 0
Insurance $ 30, 000 $ 353 $ 0
Maintenance
Repairs $ 70, 000 $ 824 $ 0
Trash Removal $ 24, 000 $ 282 $ 0
Exterminating $ 7,000 $ 82 $ 0
Landscaping $ 20, 000 $ 235 $ 0
Elevator $ 4,000 $ 47 $ 0
Supplies $ 9,000 $ 106 $ 0
Fire Safety/ Alarm $ 5,300 $ 62 $ 0
Cleaning/ Decorating $ 2,500 $ 29 $ 0
Total Maintenance $ 141, 800 $ 1,668 $ 0
TOTAL OPERATING EXPENSES $ 558, 981 $ 6,576 $ 0
Taxes, Reserves, Services, Other
Services Amenities $ 40, 000 $ 471 $ 0.00
Property Assessments $ 9, 200 $ 108 $ 0.00
Replacement Reserves $ 42, 500 $ 500 $ 0.00
Business Tax $ 800 $ 9 $ 0.00
Issuer and Trustee Annual Fees $ 10, 897 $ 128 $ 0.00
Loan Monitoring Fees $ 1,710 $ 20 $ 0.00
Total Other Costs $ 105, 107 $ 1,237 $ 0.00
TOTAL ANNUAL OPER. EXPENSES* $ 664, 088 $ 7,813 $ 0.00
Based on Citrus Grove I operations: 0% below TCAC operating expense minimum. 250402_ Brea Senior Housing ( 85 Units)_ BB_ 60%. xlsx
Brea Senior Housing ( 85 Units) Page 5 of 8
Developer: C& C Revised: 4/ 2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI

MORTGAGE CALCULATION
NET AVAILABLE INCOME $ 1,260, 608

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

LOAN CONSTANT/ IMPUTED TOTAL INTEREST COST

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

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

TAX EXEMPT FINANCE RATIO
Tax Exempt Const. Loan $ 21,500,000
Total Tax-Exempt Financing $ 21,500,000
Total Aggregate Basis $ 40,302,590
Refer to Dev. Budget for details)
Percent of Tax-Exempt Financing 53.35%
250402_ Brea Senior Housing ( 85 Units)_ BB_60%. xlsx
Brea Senior Housing ( 85 Units) Page 6 of 8
Developer: C&C Revised: 4/2/2025
Version: Preliminary Analysis., 4% LIHTCs_60% AMI
THRESHOLD BASIS LIMIT - 2025
BASIS LIMITS CALCULATIONS 4%
Total
County: Orange Unadjusted
Unit Basis Limit # of Units Threshold
1 $ 457,608 68 $ 31,117,344
2 $ 552,000 17 $ 9,384,000
Total: 85 $ 40,501,344
G) Plus (+) local development impact fees required to be paid to local government entities Certification from local entities assessing fees also required.$ 1,170,847 I) Plus (+) 10% basis adjustment for projects wherein at least 95% of the project' s upper $ 4,050,134 floor units are serviced by an elevator.

J)* Plus (+) 1% basis adjustment for each 1% of units income- targeted to 50% to 36% of AMI Total Affordable Units @ 36% AMI to 50% AMI: 9 $ 4,050,134 K)* Plus (+) 2% for each 1% of units income targeted to 35% of AMI and below Total Affordable Units @ 35% of AMI or Below: 9 $ 8,100,269 For 4% Projects only
Total Threshold Limit:$ 57,872,729
250402_Brea Senior Housing ( 85 Units)_BB_60%.xlsx

November 27, 2024
C&C Development
14211 Yorba Street, Suite 200
Tustin, CA 92780
Sent via email to: todd@c- cdev.com
SUBJECT: Preliminary Plan Review PLN 2024- 00057 – A request to review a preliminary design for an 85-Unit Multi-Family Senior Affordable Housing project for consistency with Ordinance No. 1214 (PCMP No. 19-01, ZC No. 19-01, and DA No. 19-01), located on the southeast corner of Mercury Lane and Berry Street
Assessor Parcel Number: 296-141-05
Accela Record Number: PLN- 2024- 00057
Dear Mr. Cottle:

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

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

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

Department Name Phone Email
Community
Development,
Building and Safety
Christian Varela 714-671-4406 ChristianV@cityofbrea. net Fire Nicole Pesqueira 714-990-7655 NicoleP@cityofbrea. net Public Works Ryan Chapman 714-990-7667 RyanC@cityofbrea. net Trust Account Balance/ Additional Fees Requested:

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

ATTACHMENT C

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

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

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

Sincerely,
Esteban Rubiano
Assistant Planner
Attachments:

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

ATTACHMENT A

PROJECT SPECIFIC COMMENTS
Project Description: The proposed project involves the development of an 85-Unit Affordable Senior Housing Community consisting of a 5-story building and 60-space surface parking area Project”) on an approximately 1-acre parcel situated within the project site.

General Plan Land Use: The Project site is located in the Light Industrial General Plan Land Use Designation. The intent of this land use designation is to, “ accommodates industrial uses that are low intensity and contained entirely within buildings. Allowable uses include research and development, light manufacturing and processing, offices, light warehousing and storage, high-technology production, and related uses. Other uses determined to be compatible may also be allowed.”
Zoning: The Project site is located in the in the Planned Community Zone, specifically The Mercury Planned Community Master Plan. The intent of The Mercury Planned Community Master Plan “is to create a residential development that will serve Brea and north Orange County communities. The project’s location and proposed residential use provides infill housing in a location where public services and utilities are readily available and other amenities and public transit are within walking distance. Additionally, the project offers housing opportunities that are not available in the current market in the City.”
General Plan and Zoning Consistency: Per the City’s Zoning Code, the Planned Community ( PC) Zone is intended to encourage innovative development that allows a diversification of uses, use relationships, building heights, densities, and open spaces in planned community developments while ensuring consistency with the city's General Plan. If determined to be consistent with the City’s General Plan, PC Zone may be implemented on any parcel located within the City, as long as requirements of Brea City Code Section 20.272.030 are satisfied. On May 19 and June 2, 2020, the City Council approved the Project Site’s PC Zoning by adopting Ordinance No. 1214 ( Exhibit A). By doing so, the City Council determined that the PC Zoning and the associated Mercury Planned Community Master Plan ( MPCMP) is consistent with the City’s General Plan because the Project site is located within an area identified as “Mercury Land Corridor,” which was identified in the City’s 5th Cycle Housing Element as areas with potential to accommodate future mixed- use and high-density housing due to its proximity to the City’s Downtown area (Brea Downtown) and major employment centers.

Entitlement Background: The proposed Project, as submitted, was determined to be in substantial conformance with the following approved entitlement:
o Ordinance No. 1214: On May 21, 2024, City Council approved the Planned Community Master Plan (PCMP) No. 19-01 and related entitlements:

Zone Change No. 19-01 – Approval from C-M (Commercial Industrial) to P-C (Planned Community)
Development Agreement No. 19-01 – Development of workforce residential units on a 1.01-acre parcel

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

California Environmental Quality Act:

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

Community Development Department - Planning Division – Comments

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

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

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

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

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

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

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

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

Community Development Department - Building and Safety – Comments

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

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

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

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

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

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

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

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

15. At time of building permit submittal, some required construction documents are:

Architectural, Structural, Mechanical, Electrical, Energy, Plumbing, Civil (Grading, Erosion Control), Landscaping, Structural Calculations, Energy Calculations, MEP related Calculations & Equipment Cut Sheets, Specs & Geotechnical Investigation Report.

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

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

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

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

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

20. Brea GIS indicates site is within a Flood Hazard Area, Project’ s civil engineer shall ensure Project meets or exceeds the requirements as set forth on CBC2022 Sec 1603. 1.7.

21. The Applicant shall provide written evidence to the City of Brea Building & Safety Division that a geotechnical engineer has been retained to monitor the grading operations and assure implementation of the site grading recommendations. All recommendations shall be implemented to the performance standards specified in the Soil Investigation report and to the satisfaction of the geotechnical engineer, City Engineer and Building Official. Evidence of implementation shall be provided to the Building & Safety Division prior to issuance of a building permit.

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

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

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

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

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

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

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

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

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

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

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

33. Upon formal building permit submittal, the applicant shall provide an ALTA/ NSPS Survey for the property and a current title report ( current within 6-months of formal permit submittal and with links to easement documents enabled) in PDF form. a. Note that a City of Brea Public Works Encroachment Permit shall be obtained prior to any construction, improvements, or staging in the public right-of-way or within existing public easement areas.

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

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

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

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

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

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

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

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

Fire Department – Comments

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

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

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

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

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

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

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

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

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

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

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

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

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

ORDINANCE NO. 1214

AN ORDINANCE OF THE CITY OF BREA APPROVING THE MERCURY

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

LOCATED AT THE SOUTHEAST CORNER OF MERCURY LANE AND

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

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

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

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

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

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

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

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

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

ORD. NO. 1214
June 2, 2020

EXHIBIT A
B. ORDINANCE.

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

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

2. Based on its findings in the preceding paragraphs of this Ordinance, the evidence presented at the above -referenced public hearings, including but not limited to the FEIR, the MMRP, the CEQA Findings, the SOC, the Conditions of Approval for PCMP 19- 01 set forth in Exhibit B to this Ordinance, which is hereby incorporated as though set forth in full, all written evidence and testimony presented during those hearings, and its own independent judgment and analysis, the City Council hereby finds as follows:
a. The Project is in conformity with the General Plan on grounds that include but are not necessarily limited to the following. The Project proposes a planned community master plan for 114 workforce residential units at a low and moderate rental affordability located directly adjacent to Downtown Brea and major commercial and industrial employers within a'/ to'/ 2 mile biking and walking distance. General Plan Policy HE 3. 2 promotes providing opportunities for mixed use and infill housing development opportunities in Downtown Brea as part of the City' s ongoing revitalization strategy for the area. General Plan Policy CD 1. 9 encourages new development that is organized around compact, walkable, mixed- use neighborhoods and districts to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile. Policy CD -9.2 encourages accommodation of emerging housing trends, and encourage pedestrian linkage to surrounding neighborhoods and activity centers. Policy CD -9. 5 ORD. NO, 1214
June 2, 2020
3 EXHIBIT A
promotes providing quality, affordable housing that would accommodate young families, college students, and educators. The General Plan expressly recognizes the use of Planned Communities as a flexible planning tool for achieving a cohesive land use plan for a property or related properties.
b. The Subject Property is suitable for the Project in terms of access, size of parcel, relationship to similar or related uses and other considerations on grounds that include but are not necessarily limited to the following. The Subject Property is 1. 01 acres in size, which can accommodate the proposed 5 -story high density residential apartment building 68 -feet in height that would be directly adjacent to Downtown Brea and major commercial and industrial employers within a'/ 4 to'/ 2 mile biking and walking distance. Access for vehicles would be provided from Mercury Lane, and pedestrian and bicycle access would be ensured by frontage improvements along Berry Street and Mercury Lane. The alternative development guidelines and standards found in PCMP 19- 01 regarding building height, setbacks, floor area ratio and other development standards are suitable for the development.

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

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

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

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

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

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

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

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

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

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

ORD. NO. 1214
June 2, 2020

EXHIBIT A

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

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

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

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

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

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

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

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

ORD. NO. 1214
June 2, 2020
K

EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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EXHIBIT A

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

8. Mercury Lane Parking and City Transportation Issues:

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

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

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

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

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

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

10. Noise:

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

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

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

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

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11 EXHIBIT A

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

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

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

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

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

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

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

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

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

11. Landscaping: The Applicant must provide a detailed final landscaping and irrigation plan consistent with Planned Community Master Plan No. PCMP 19- 01. Such landscaping and irrigation plan must be reviewed and approved by the City Planner ORD. NO. 1214
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12 EXHIBIT A
and Public Works Department prior to the issuance of any building permits. Approved landscaping and irrigation shall be installed prior to occupancy. All landscaping and irrigation shall comply with the provisions of the City' s Water Conservation Water Supply Shortage Program ( Brea City Code Chapter 13. 20). The final landscaping and irrigation plans shall be in accordance with the final site and grading plans and shall include, but not be limited to the following:

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

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

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

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

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

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

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

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

16. Utilities, Grading & Site Improvements:

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

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

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

16. 1. 3. Corner Cutoff at Berry Street and Mercury Lane per City Code Chapter 20. 08. 060.

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

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

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

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

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

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

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14 EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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15 EXHIBIT A

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25. Indemnification; Hold Harmless: To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees ( collectively, " Indemnitees") free and harmless from: ( i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by or pursuant to approval of Final Environmental Impact Report No. 19- 01, Zone Change No. ZC 19- 01, Planned Community Master Plan No. PCMP 19- 01, Development Agreement No. 19- 01, or any of these approvals; ( ii) any and all claims, lawsuits, liabilities, and/ or actions arising out of, or related to such approval or approvals or the granting or exercise of the rights authorized by any or all of these approvals; and ( iii) any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to any or all of these approvals, or exercise of rights granted by them. The Applicant' s obligation to indemnify, defend, and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees' choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.

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EXHIBIT A
RESOLUTION NO. 2020- 032

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

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

RESIDENTIAL DEVELOPMENT LOCATED AT THE SOUTHEAST

CORNER OF MERCURY LANE AND BERRY STREET AND ADOPTING

FINDINGS, A MITIGATION MONITORING AND REPORTING

PROGRAM, A STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE SAME PURSUANT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
A. RECITALS

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

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

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

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

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

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

B. RESOLUTION

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

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

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

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

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

EXHIBIT B
I, Lillian Harris -Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the 19th day of May, 2020, by the following vote:

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

CEQA FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS

REGARDING THE

FINAL ENVIRONMENTAL IMPACT REPORT

FOR THE

MERCURY LANE RESIDENTIAL PROJECT
STATE CLEARINGHOUSE NO. 2018121032
Exhibit A

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

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

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

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

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

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. FINAL ENVIRONMENTAL IMPACT REPORT AND CITY COUNCIL

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

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

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

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

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

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

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

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

The DEIR and FEIR for the proposed project.

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

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

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

The Mitigation Monitoring and Reporting Program.

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

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

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

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

Any documents expressly cited in these Findings.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Biological Resources: ' rhe majority of the project site is bare; vegetation on the site is sparse, and includes grasses and one mature pepper tree. There is no native habitat and no habitat suitable for sensitive species onsite. Additionally, no sensitive natural community, riparian habitat, or wetlands is present onsite. There is one pepper tree onsite which could be used for nesting by birds protected under the California Fish and Game Code Sections 3503 et seq. In compliance with the California Fish and Game Code, the tree would be removed outside of nesting season, either prior to February 15 or after August 15. Moreover, the City of Brea Municipal Code Chapter 12. 20 protects streets trees; as the pepper tree is on private property, the proposed project would not conflict with local policies protecting biological resources. The project site is not within a Natural Community Conservation Plan or Habitat Conservation Plan area.

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

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

Geology and Soils: The project site is not in an Alquist- Priolo Zone; the project site, as with the rest of southern California, is expected to experience strong seismic ground shaking. Moreover, the project site is located in a liquefaction zone, however, the liquefaction - induced differential settlements of 2.2 inches across a distance of 50 feet are considered within the structural tolerances of a typical building supported on a shallow foundation provided that structural measures of the Geotechnical report are implemented, The project site is in a low to moderately low landslide zone, Additionally, the proposed project would implement structural and nonstructural best management practices ( BMPs) before and during construction to control surface runoff and erosion to retain sediment on the project site; soil erosion would be controlled with improvements installed on the project site. As the topography of the site is relatively flat, with slopes of approximately 1 to 2 percent, landslides and lateral spreading would be less than significant. Minor ground subsidence of approximately 0. 1 foot is expected to occur in the soils

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

The recommended remedial grading would remove a portion of the existing fill soils and replace these materials as compacted structural fill, which would reduce seismic settlement impacts to less than significant. The expansion potential of the site is very low to low; however, expansive soils may be present in the subgrade soils and the site would require overexcavarion soils. No septic tanks or alternative wastewater disposal system would be installed. All structures built for the project would adhere to the 2016 California Building Code which provides minimum standards to protect property and public welfare. Impacts to geology and soils would be less than significant
Hydrology and Water Quality: Drainage and surface water discharges during construction and operation of the proposed project would not violate any water quality standards or waste discharge requirements. The proposed project would be subject to the National Pollution Discharge Elimination System ( NP13ES) Construction General Permit requirements ( Order No. 2009- 0009- DNX' Q. BMPs would be implemented during construction and operational activities to ensure that water quality is not substantially degraded. The proposed project does not propose groundwater wells that would extract groundwater from aquifers. The proposed project would drain to the discharge location at the southeast corner of the property and outlet into an existing gutter, which is within an easement. Construction of the project would increase the potential for erosion and siltation, however, the improvements would be constructed over a short period of time and BINIPs would reduce erosion and siltation impacts. Impervious surfaces would increase onsite, however, through the use of BT%fPs pertaining to site design and low impact development, the proposed roof drain and area drain system would convey the stormwater to the southeast discharge location via an unground detention system which would be designed to ensure that the proposed drainage flows do not exceed the existing drainage flows. Runoff flows from the rooftop of the proposed development would drain to raised planter boxes for biotreatment and flow to the southeast discharge. The proposed project is within flood Ione X ( 0. 2 percent/ 500- year flood hazard). The closest reservoir to the site is approximately 0.4 mile northwest of the site and is separated from the site by urban development, the Pacific Ocean is approximately 17 miles southwest of the site, and the project site is relatively flat; impacts to seiches, tsunamis, and mudflows would be less than significant. The proposed project would comply with the water quality and use requirements of the water quality' control plan and sustainable water management plan. Impacts to hydrology and water quality would be less than significant.

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

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

EXHIBIT B
Utilities and Service Systems. The water and wastewater treatment needs of the proposed project would be served by Orange County Sanitation District ( OCSD). The current available capacity of Wastewater Treatment plant 1 is 76 million gallons per day ( mgd); the plant would be able to accommodate the sewer flows generated from the proposed project, which would be 23, 940 gallons per day ( gpd). The proposed project would increase water demand; water supply would be provided by the California Domestic Water Company and the Municipal Water District of Orange County through the City of Brea Water Division. The proposed project represents less than 1 percent of the total water demand in 2020. The increase in water demands, 0.046 mdg, would be within the active design capacity of 21. 6 mgd for the City booster pumps. The estimated waste generation of the proposed project is approximately 980 pounds per day, which would be 0, 049 percent of Olinda Alpha landfill' s remaining daily allowable intake of 1, 000 tons per day. The proposed project would comply with all local, state, and federal regulations pertaining to solid waste. Impacts to utilities and service systems would be less than significant.

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

Impacts to wildfires would be less than significant.

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

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

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

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

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

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

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

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

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

The proposed project' s construction -related emissions are shown in Table 5. 1- 8, Ma.%imum DaaA Regional Conrtrration Emissions, on page 5. 1- 21 of the DEIR, and were quantified using the California Emissions Estimator Model, version 2016.3. 2 ( CaWEMod), based on the construction schedule and equipment list provided by the applicant. A shown in the Table, air pollutant emissions from construction - related activities would be less than their respective SCAQMD regional significance threshold values. Impacts would be less than significant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

California Health and Safety Code Section 7050. 5)

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

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

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

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

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

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

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

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

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

RR GHG- 1 New buildings are required to achieve the current California Building Energy and Efficiency Standards ( Title 24, Part 6) and California Green Building Standards Code ( CALGreen) ( Title 24, Part 11). The 2016 Building and Energy Efficiency Standards were effective starting January 1, 2017, The 2019 Building and Energy Efficiency Standards will become effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri -annually with a goal to achieve zero net energy for residential buildings by 2020 and non- residential buildings by 2030,
RR GHG- 2 New buildings are required to adhere to the California Green Building Standards Code ( CALGreen) requirement to provide bicycle parking for new non-residential buildings, or meet local bicycle parking ordinances, whichever is stricter ( CALGreen Sections 5. 106. 4. 1, 14. 106. 4. 1, and 5. 106. 4. 1. 2). The proposed project would be required to provide anchored bicycle racks and long- term secured bicycle parking.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pursuant to CK -1 P. 111" QMD ( see Section 5. 1, AirQualipy of the DEIR), potential environmental effects of the project are the significant effects of the proposed project on the environment, not the significant effects of the environment on the proposed project. However, as described in Section 5. 4, Ha1ar ds and Hatiurrlous Muterialr, of the DEIR, only one facility proximate to the site uses chemicals in substantial enough quantities to warrant a risk management plan ( Albertsons Distribution Center Facility ID 1000000711651). The project site is approximately 845 feet southeast of this facility.

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

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

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

EXHIBIT B
of the SPX building, this is not inconsistent with the zoning code. Nor would placement of a residential land use within 100 feet of the adjacent industrial building exacerbate existing hazards since this facility doesn' t use chemicals in substantial enough quantities to require submittal of a risk management plan ( see Section 5. 4, Hatiardr and Hatiardoui _ Materials, of the DEIR). SPX Cooling Technologies can, however, potentially generate elevated noise levels in the evening and early morning hours when residential uses are more sensitive to noise. In accordance with the California Green Building Standards Code ( CALGreen), the Citta of Brea requires that the residential units be designed to achieve interior noise levels of 45 dB CNEL ( see Section 5. 6, Noise, of the DEIR). As a condition of approval, the proposed project would be required to provide disclosures to address the continued operation of adjacent uses and that residents living in the proposed project may be subject to noise. An acoustic study, per building code, would be required to achieve the City and State interior noise levels.

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

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

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

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

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

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

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

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

PC Zone Consistency
Prior to the approval of reclassification of the project site to the PC Zone, the project applicant would comply with the requirements outlined in Chapter 20. 272, PC Planned Community, to ensure that the proposed project meets the goals and objectives of the City of Brea General Plan. These requirements, and the project' s consistency with the requirements, are outlined in the PC Master Plan see Appendix M of the DEIR),
Moreover, the PC Master Plan is intended to fulfill Policy HE -2.2, Policy HE -2. 6, Policy HE -6. 5, and Policy HE -6.6, of the City of Brea General Plan Housing Element, in regard to affordable and workforce housing, as well as transportation alternatives and walkability. The PC Master Plan is intended to meet the City of Brea General Pian Housing Element' s Provision of Affordable Housing Sites: Program 9, Mixed Use/ High Demio Opportunities Sites, because the project site is within the Mercury Lane corridor, which has been identified as an area of opportunity to explore for mixed- use development or high density residential infill opportunities.

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

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

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

Parking
The project applicant is required to provide parking in accordance with the City' s zoning requirements. If the development plans submitted by the project applicant show less than the required parking, the City would require the submittal of a parking impact analysis. Municipal Code Title 20, Division 1, Section, 20. 08. 040, ( D), Parking Space Requirements, details the required number of spaces for residential dwellings based on the number and type of units. ' fable 5. 5- 1, Merrup, Lane Residential Parking Requirrnaents, an page 5. 5- 11 of the DEIR, identifies parking provided onsite.

The proposed project would provide 118 velucle parking spaces and 114 bicycle parking spaces. ' The parking, as proposed, will be analyzed and studied by the City-. Parking for the proposed project would be required to meet Cin- of Brea Municipal Code Section 20. 08. 040, p# -Street Parking and Loading, or the exceptions, as indicated in Section 20. 08.040 ( F), Exceptions or lodifirations to Of -Street Parking Requirements, which state that exceptions or modifications to the provisions can be made it the requirements of this section are considered to be excessive in accordance with the procedures outlined in the Municipal Code.

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

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

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

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

PPP LU 2
A Development Agreement, pursuant to City of Brea Municipal Code 20. 272, PC Planned - Community, is required to be prepared in order to ensure the proposed project would benefit the community. The City will require the following conditions of approval: Developer and/ or rental representative shall provide notification to all affected tenants/ residents of Mercury Lane Residential that units may be exposed to elevated noise levels at all hours as a result of proximity to the adjacent industrial area.

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

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

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

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

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

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

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

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

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

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

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

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

Stationary ( Operational) Noise
The proposed residential structure could introduce new stationary noise sources to the community, including mechanical equipment and property maintenance, The exterior mechanical and HVAC equipment associated with the proposed use are expected to be similar to the equipment at surrounding commercial and industrial uses. Typical HVAC; units range from approximately 70 to 75 dBA Leq at a distance of 3 feet. Future mechanical equipment associated with the proposed apartment homes would be at least 715 feet from the boundary of the site to the nearest residential receptors to the south. At this distance, the sound pressure level associated with a common central air conditioning unit would be reduced to approximately 27 dBA or less. Therefore, the noise level associated with the future central air conditioning units would be below the threshold in Municipal Code Section 8. 20. 050, which limits noise to 45 dBA at nearby residential uses during the nighttime. 7 Noise from source such as property maintenance may also contribute to the total noise environment in the direct vicinity of the proposed project site. Municipal Code Section 8. 20. 07 indicates that noise sources associated with the maintenance of real property are exempted from the provisions of the Municipal Code, provided said activities take place between 7: 00 AM to 7: 00 PM on any day.

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

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

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

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

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

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

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

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

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

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

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

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

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

Population
Based on the US Census American Community Survey, Brea has an average household size of 1. 81 persons per household people for renters who live in structures with more than 50 units. The proposed 114 units of the project would be expected to add 206 residents. When compared to the 2018 estimated population of 44,890, the proposed project would result in an approximately 0. 46 percent increase in population in the City.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Threshold SS -1]
All of the schools inTable 5. 8- 2, School Enrollment and Capacity, on page 5. 8- 10 of the DEIR, would be able to accommodate the potential increase in enrollment as a result of project implementation. The Brea Olinda Unified School District current school fees are $ 3.79 per square foot for residential projects and $ 0. 61 per square foot for commercial projects. Pursuant to California Government Code Section 65995( h), payment of the impact fees fully mitigates impacts to school facilities.

EXHIBIT B
The student generation rate for BOUSD is 0. 6846 students per dwelling unit for students in grades kindergarten through 12 (_-Appendix J of the DEIR). Therefore, the proposed project would generate 78 students.'" Student generated by the proposed project would leave Laurel Elementary School, Brea Junior High School, and Brea Olinda High School with a remaining capacity of 7, 320, and 906 students, respectively ( see Table 5. 8- 3, Estimated Pmject Stredent Generation, on page 5. 8- 11 of the DEIR). Therefore, the three affected schools would have a total available capacity of 1, 233 seats after project implementation. The proposed project would not result in the need to construct new classroom facilities and would therefore have a less than significant impact on schools.

Impact 5. 8- 4. The proposed project would introduce 206 residents to the project site; however, the City has adequate parkland, and the project would not have significant impacts to parks. [ Threshold PS -11
The proposed project would create a demand for 1, 03 acres of parkland. The proposed project would provide approximately 22, 285 square feet of amenities and landscaped areas onsite. Though the Cit} has adequate parkland under the current standard ( 5 acres per 1, 000 population), distribution of parks and/ or amenities may be needed to serve the local area. With implementation of the proposed project, there would be an excess of 754. 52 acres II of parks and open space in the City.

Therefore, impacts would be less than significant.

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

Threshold LS -11
The only library in the City of Brea, Brea Branch l.ibrarv, is approximately- one mile southeast of the project site. According to the City of Brea General Plan EIR, 0. 2 square foot of library space is needed per capita; therefore, the proposed project would require an additional 41. 2 square feet of library space. 1' 1' he required square footage would not warrant the construction of a new libtary or the expansion of the Brea Branch Library. The population growth as a result of project implementation would make up approximately 0. 46 percent of the City' s 2018 population. Due to this negligible increase, the proposed project would not have a substantial impact associated with the provision of new or physically altered governmental facilities. Impacts would be less than significant.

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

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

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

I 5 acres/ 1, 000 persons = 0. 005 acre/ persnrt

0. 005 acre/ permm x 44, 890 ( populafion CDF 2018) = 224. 45 acres ( needed). 980 acres of park space ( 14% of 7, 000 acre%) — 224. 25 acres = 755. 55 acres ( excess) 114 units x 1. 81 ( avcragc puscm/ household) = 206 persons 206 persons x 0, 005 acre/ person = 1. 03 acres ( project need) 755. 55 acres ( excess) — 1. 03 acres/ person ( pr( jeet need) = 754. 52 acres I; 0. 2 square feet x 206 residents = 41. 2 square feet of library space

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

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

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

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

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

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

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

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

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

Impact 5. 9- 2: The project would not conflict or be inconsistent with CEQA Guidelines 15064. 3, subdivision ( b). [ Threshold T- 2]
The City of Brea has an opt -in period until July 1, 2020, to adopt the guidelines and new VMT-based criteria. Currently, the City of Brea continues to use its established LOS criteria. Therefore, this

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

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

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

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

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

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

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

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

D. FINDINGS ON SIGNIFICANT ENVIRONMENTAL IMPACTS THAT CAN BE

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

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

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

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

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

Mitigation Measure:

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

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

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

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

Finding:

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

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

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

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

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

Mitigation Measure:

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

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

Finding:

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

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

Reference
DEIR Section 5. 2, Cultural and Paleontological Resources.

2. Hazards and Hazardous Materials
Impact 5.4-2: Construction activities may disturb pesticides in the soil associated with the site' s former use as an orchard and could create a significant hazard to the public or the environment. [Threshold H- 2]
Support for this environmental impact conclusion is fully discussed in Section 5.4, Hazards and Hazardous Material-, and in particular, starting on page 5. 447 of the DEIR.

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

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

Mitigation Measure:

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

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

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

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

Finding:

Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the DEIR. These changes are identified in the form of the mitigation measure above. The City of Brea hereby finds that implementation of the mitigation measure is feasible, and the measure i5 therefore adopted.

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

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

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

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

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

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

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

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

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

Mitigation Measure:

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

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

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

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

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

Finding:

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

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

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

Reference
DEIR Section S. 10, Tribal Cultural Resources.

E. SIGNIFICANT AND UNAVOIDABLE SIGNIFICANT IMPACTS THAT CANNOT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Finding:

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

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

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

A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE

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

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

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

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

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

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

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

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

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

Finding:

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

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

Administrative or professional offices
Research and development
Retail establishments

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

Finding:

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

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

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

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

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

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

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

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

Finding:

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

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

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

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

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

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

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

CONSIDERATIONS
The following section describes the benefits of the proposed project that outweigh the project' s unavoidable adverse effects and provides specific reasons for considering the project acceptable even though the FEIR has indicated that there will be one significant project impact if the mitigation measures for Impact 5.9- 1 cannot be implemented. Accordingly, this Statement of Overriding Considerations regarding potentially significant adverse environmental impacts resulting from the proposed project, as set forth below, has been prepared. Pursuant to CEQ A Guidelines ` 15093( c), the Statement of Overriding Considerations will be included in the record of the project approval and will also be noted in the Notice of Determination. Each of the benefits identified below provides a separate and independent basis for overriding the significant enviromnental effects of the proposed project.

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

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

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT B

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

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

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

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

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

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

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

City staff has reviewed this material and determined that none of this material constitutes the type of significant new information that requires recirculation of the DEIR for further public comment under CEQA Guidelines Section 15088. 5. None of this new material indicates that the project will

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

EXHIBIT B
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
April 15,2025
Roll Call: ( The folLowing members were in ottendonce)
Blair Stewart, Mayor
Cecilia Hupp. Mayor Pro Tem
r Christine Marick, Council Member
o Marty Simonoff. Council Member
o Steve Vargas. Council Member

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 5:30 P.M. 1A. Call to Order/ Roll CallMayor Stewart called the Study Session to order at 6:30 p.m. All members were present. 1B. Public CommentBev Perry spoke regarding the Mercury Lane project, indicating the project is under parked by 25 spots. She inquired if there is a way to add additional parking, requested staff explore other options for adjacent off-site parking, and asked staff to contact OCTA to discuss the opportunity to add a bus stop close to the project site.
1C. Clarify Regular Meeting Topics -
Council Member Vargas announced he will be recusing himself from voting on item 48 ( waive full reading of and adopt Ordinance No. 1256, An Ordinance of the City of Brea approving Zone Change No. 2024- 01 for the Brea Plaza Shopping Center Residential Project) and item 4C (waive full reading of and adopt Ordinance No. 1257 An Ordinance of the City of Brea approving Zone Change No.2024- 02 for the Greenbriar Residential Development Project and Ordinance No. 1258, An Ordinance of the City of Brea approving Development Agreement No. 2024- 0'l by and between the City of Brea and Lennar Homes of California, LLC regarding the Greenbriar Residential Development).
1D. Project Preview: The Mercury Lane Affordable Housing Development- Assistant Planner Rubiano provided a presentation that included the a background on the Mercury Lane project, applicant information, project proposal, proposed renderings, preliminary assessment, parking, affordable housing and funds request, recommendation and next steps.

Council discussed the allocation of units between seniors and veterans, the evaluation of qualified renters, and the need for additional parking on-site parking. They also discussed other options for parking and encouraged staff to speak with Mercury to evaluate options for use of their parking structure, and with OCTA to explore placing a bus stop on Berry Street in the adjacent area. They also discussed the Fund 280 balance, the senior subsidy program, and loan terms. 1 E. Council Member Reports/ RequestsNone.

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M. 2A. Call to Order/ Roll Call
Mayor Stewart called the General Session to order at 7:03 p.m. All members were present

28. Pledge of Allegiance: Brea Girl Scouts
Brea Girl Scouts led the Pledge of Allegiance.
2C. lnvocation: Pastor Dan Crane, Formation Church
Pastor Dan Crane, Formation Church, led the invocation. 2E. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session 2 2F. Community Announcements
1F. Study Session AdjournmentMayor Stewart adjourned the Study Session at 6:54 p.m. 2D. Presentation: OC Free Gun Lock Program
Orange County Board of Supervisors Chairman Doug Chaffee displayed a video presentation on the OC Free Gun Locks Program. He also spoke about the program and presented Brea Police Lieutenant Haddad a Certificate of Recognition of his partnership in the OC Free Gun Locks P rogram.

Council Member Vargas announced that "Go. Serve. Brea.", a community- wide day of service, will take place on Saturday, April 26. He stated that this event is modeled after the previous, Love Brea and that volunteers are needed to work on a variety of city- wide service projects to show their love for Brea. He directed those interested in volunteering or contributing to the event to visit the City website.

Council Member Marick announced that a Wildfire Preparedness Workshop will take place on Thursday, May 29 at 6:00 p.m., at the Brea Community Center. She indicated that members of the community are welcome to join the Brea Fire, Police and Public Works Departments and learn how to stay safe during wildfires, and guest speaker Rich Snyder, Retired Sierra Madre Fire Captain/Fire Marshal, will share his experience saving his home from the Altadena wildfire and offer tips to protect homes. She directed the community to the City website for additional information. 2G. Matters from the Audience
Sean Thomas spoke about the fire hydrant and stop sign on the corner of Flower and Ash and indicated that cars often block the space. He requested the curb be painted to prevent drivers from parking in front of the hydrant. He also spoke about unattended children on the Tracks and wished the community a happy Easter, Passover and Ramadan. 2H. Response to Public lnquiries
Mayor Stewart responded to public inquiries.

3. ADMINISTRATIVE ITEMS

34. Brea 2050: Focused General Plan Update and Brea Core Specific Plan - Draft Changes to the Land Use Designations and Land Use Map
City planner Hwang provided a presentation and spoke about the background of the item, vision plan, and introduced the City's consultants.

Amanda Tropiano, De Novo Planning Group, spoke about land use planning considerations, land use/ zoning designations, existing land use designations, examples of existing land uses for residential, commercial, industrial, and mixed use. She also spoke about other examples of density, existing general plan land use maps, parcels with proposed general plan land use change, parcels with land use designation consideration changes, existing general plan land uses with existing brea core area zoning, areas with a proposed brea core area zoning change, summary of changes, buildout factors, statistical summary, and next steps. Additionally, she provided a draft outline of the general plan, draft outline of the core area and next steps.

Council thanked staff, consultants and the General Plan Steering Committee for their work on this item. They also discussed public noticing for proposed changes; and the La Vida Hot springs zoning information and the consideration of preserving existing zoning in that area.

Motion was made by Mayor Pro Tem Hupp and seconded by Council Member Simonoff to authorize staff to move forward with the next steps, including initiation of the required environmental review. Motion passed 5-0-0-0 (Ayes: stewart, Hupp, Marick, Simonoff. vargas).

38. Affordable Housing Agreement with Brea 32, LLC and Homebuyer Down-payment Assistance Funding Request for the South Brea Townhomes project
Senior Management Dao provided a presentation on the item and spoke about recommendations, prior affordable housing efforts, the south Brea Townhome projec! prior affordable housing efforts, housing funds available, and down- payment assistance options.

Council discussed the ongoing obligations for Fund 280, previous fund balance for both Funds 270 and 280 and provisions in the purchaser affordability agreements related to buyer income levels. They also discussed the scenarios and breakdowns should grant funding be awarded or not.

Motion was made by Council Member Vargas and seconded by Council Member Marick to approve an Affordable Housing Agreement with Brea 32, LLC for the South Brea Townhomes Project (" Project"); authorize the city Manager to: a. Execute the Affordable Housing Agreement; b. Execute the following two documents with four buyers of the affordable units at South Brea Townhomes: i. Purchaser Affordability Agreement; and ii. Notice of Affordability Restrictions. c. Administratively make non-monetary revisions to the Affordable Housing Agreement and related documents as necessary or appropriate; approve a california Environmental Quality Act ("CEQA') Exemption Determination pursuant to CEeA Guidelines Section 15061(b)(3); discuss options and provide direction to staff regarding the use of City Housing funds to provide down-payment assistance loans, in an amount not to exceed 400,000.00 to four Low- lncome buyers of the affordable units at South Brea Townhomes; and amend the city's Fiscal Year 2024-25 operating Budget to appropriate an amount not to exceed $ 400,000.00 from the Affordable Housing Trust Fund ( 27O) or Housing Successor Fund 280) for the use of down- payment assistance loans; and authorize the City Manager to authorize payment of four down-payment assistance loans in a total amount not to exceed 400,000.00. Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas). 3C. lntroduce an Ordinance Designating Fire Hazard Severity Zones Fire Marshall Pesqueira provided a presentation and spoke about the background of Fire Hazard Severity Zones, how zones are determined, map usage and application, impacts, adoption timeline and displayed the updated Brea Hazard Severity Zone Map. 4 Council discussed what is done with public comments received in response to the map; and AB 38 implications as it relates to home hardening standards on homes built prior to 2008 and brush clearance. They also discussed Zone Zero requirements and pending compliance deadlines and enforcement parameters on requirements. They also discussed the progress of the Helihydrant in the City.

Motion was made by Council Member Marick and seconded by Council Member Vargas to waive full reading of and introduce Ordinance No. 1250, " An Ordinance of the City Council of the City of Brea designating fire hazard severity zones," formally accepting and implementing the updated California Department of Forestry and Fire Protection (CAL FIRE) Local Responsibility Area ( LRA) maps for our jurisdiction. Motion passed 5-0-0-0 ( Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

4. CONSENT CALENDAR
Council Member Vargas indicated he will be recusing himself from voting on item 48 [ Second Reading of Ordinance No. 1256 - Zone Change No. 2024- 01: Brea Plaza Shopping Center Residential Project ( Brea Plaza Living)l and 4C [Second Reading of Ordinance No. 1257 - Zone Change No' zOZ - OZand Ordinance No. 1258 - Development Agreement No. 2024- 01 ( Greenbriar Residential Development Project) 1.

Council Member Marick thanked staff for their work to improve parking ratios for the Greenbriar project.

Motion was made by council Member simonoff and seconded by Mayor Pro Tem Hupp to approve City Council Consent ltems 4A - 4F, with Council Member Vargas recused on item 48 and 4C. Motion passed 5-0-0-0 (Ayes: stewart, Hupp, Marick, Simonoff. vargas). For ltems 48 and 4C, 5-0-0-1 (Ayes: Stewart, Hupp, Marick, Simonoff. Recused: Vargas). 4A. April 1, 2025 Regular Meeting Minutes
The City Council approved the April 1, 2025 Regular Meeting Minutes.

48. Second Reading of Ordinance No. 1256 - Zone Change No. 2024-01: Brea Plaza Shopping Center Residential Project ( Brea Plaza Living)
The City Council waived full reading and adopted Ordinance No. 1256, An Ordinance of the City of Brea approving Zone Change No. 2024- 01 for the Brea Plaza Shopping Center Residential Project. 4C. Second Reading of Ordinance No. 1257 - Zone Change No. 2024-02 and Ordinance No. 1258 - Development Agreement No. 2024-01 ( Greenbriar Residential Development Project) 5 The City Council waived full reading of and adopted Ordinance No. 1257, An Ordinance of the City of Brea approving Zone Change No. 2024-02 for the Greenbriar Residential Development project, and ordinance No. 1258, An ordinance of the city of Brea approving Development Agreement No. 2024-01 by and between the City of Brea and Lennar Homes of California, LLC regarding the Greenbriar Residential Development.
4D. Annual Engineer' s Report for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3,4,5,6 and 7
The City Council received and approved the Annual Engineer' s Report for Landscape and Lighting Maintenance Districts Nos. '1, 2, 3,4, 5,6 and 7 and adopt Resolutions No. 2025- 26 b za25-32 to set a Public Hearing for each District on June 17, 2025, at 7:00 p.m. 4E. Monthly Report of lnvestments for the City of Brea for period Ended March 31, 2025 The City Council received and filed the Monthly Report of lnvestments for the City of Brea for Period Ended March 31, 2025.
4F. March Outgoing Payment Log and City Disbursement Register for April 4,2025 The city council received and filed the March outgoing payment Log and city Disbursement Register for April 4,2025.

5. CITY/ SUCCESSOR AGENCY - CONSENT
Motion was made by Mayor Pro Tem Hupp and seconded by council Member simnooff, to approve the citylsuccessor Agency consent item 5A. Motion passed 5-0-0-0 ( Ayes: stewart, Hupp, Marick, Simonoff, Vargas).

54. Monthly Report of lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended March 31,2025
The City Council, as the Successor Agency, received and filed the Monthly Report of lnvestments for the Successor Agency to the Brea Redevelopment Agency for Period Ended March 31,2025.

6. ADMINISTRATIVE ANNOUNCEM ENTS

64. City Manager
N one.

68. City Attorney
N one.
6 6C. Council Requests
None.

7. COUNCIL ANNOUNCEMENTS
7A. Council Announcements
N one.

8. ADJOURNMENT
8A. Meeting Adjournment
Mayor Stewart adjourned the General Session at 8:29 p.m.

Respectfully submitted,
an Harris-Neal, City Clerk
The foregoing minutes are hereby
approved this 6 day of May, 2025.

Cecilia Hupp, Mayor Pro Tem
7 CITYof  BREA
Communication
August 19, 2025
Item No. 4B.

Brea Construction Code Tri-Annual Code Update

TO PREPARED BY
Honorable Mayor and City Council Members Chris Varela, Building Official

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director Kristin Griffith, City Manager

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

1. Introduce by title only and waive further reading of Ordinance 1264, adopting by reference and amending, Codes comprising the 2025 Edition of the California Building Standards Code, and related “model” codes (collectively “California Code(s)” sometimes herein); and

2. Schedule a public hearing for September 16, 2025 to consider adoption of the Ordinance No. 1264.

BACKGROUND/DISCUSSION
The City of Brea is mandated by the California Health and Safety Code to adopt Codes contained in the California Building Standards Code every three years. The 2025 Edition of the California Building Standards Code, as adopted and amended by the City, will become Brea’s Construction Codes effective January 1, 2026.

Assembly Bill 130 (2025), effective June 30 of this year, imposes a moratorium on local amendments to residential building standards not already in effect, subject to limited exceptions. This moratorium is effective from October 1, 2025, through June 1, 2031 and effectively requires local jurisdictions to adopt and amend the Codes by October 1, 2025. Failure to adopt such local amendments by October 1 would reduce the enhanced level of safety to the public that the amendments normally provide.

This Ordinance will amend Title 15 of the Brea City Code by repealing references to the prior editions of the model Codes, as adopted and amended by the State, and replacing them with the 2025 California Codes. The Ordinance will also adopt related “model” Codes that are not part of the California Building Standards Code.

Similar to past code adoptions, the Building & Safety Division is recommending changes and modifications be made to building standards contained in the 2025 California Codes based on legally required findings that such revisions are reasonable and necessary due to local climatic, topographic, and/or geologic conditions in Brea.

Those findings will be set forth in a resolution that will be presented to the Council for consideration at second reading of the Ordinance. Other modifications are of an administrative or procedural nature, or relate to subjects that are not covered by the Codes, or are otherwise reasonably necessary to safeguard life and property within Brea.

The Ordinance will adopt by reference and amend the 2025 Editions of the California Administrative, Building, Residential, Mechanical, Plumbing, Electrical, Green Building Standards, Energy, Historical Building, and Existing Building Codes, as contained in the California Building Standards Code. The Ordinance will also adopt the 2024 Editions of the International Property Maintenance Code and International Swimming Pool and Spa Code.

The City Attorney’s office has reviewed and approved the format of all documents associated with the 2025 California Code adoption process.

ENVIRONMENTAL REVIEW
The proposed Ordinance includes the finding that it has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed Ordinance is exempt from the requirements to prepare additional environmental documentation as it can be seen with certainty that there is no possibility that adoption of the Ordinance may have a significant effect on the environment. The proposed updates to the 2025 California Codes are consistent with the safeguards previously adopted by the City and are carried over from the 2022 Codes in order to maintain the higher level of safety required in Brea due to local conditions. As such, it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

FISCAL IMPACT/SUMMARY
The adoption of the 2025 California Codes will have little or no impact on the General Fund.

Attachments
Attachment 1 - Ordinance
1 ORDINANCE NO. 1264

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
ADOPTING BY REFERENCE THE 2025 EDITION OF THE CALIFORNIA

ADMINISTRATIVE, BUILDING, RESIDENTIAL, MECHANICAL,

PLUMBING, ELECTRICAL, GREEN BUILDING STANDARDS, ENERGY, HISTORICAL BUILDING, AND EXISTING BUILDING CODES, THE 2024

EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND THE 2024 EDITION OF THE INTERNATIONAL SWIMMING POOL

AND SPA CODE, TOGETHER WITH APPENDICES, AMENDMENTS,
DELETIONS AND PENALTIES, AMENDING TITLE 15 OF THE BREA

CITY CODE, AND APPROVING A CEQA EXEMPTION DETERMINATION A. RECITALS.
(i) Section 50022.1, et seq. of the California Government Code authorizes the adoption by reference of codes comprising the California Building Standards Code.
(ii) At least one (1) copy of said Codes, certified as full, true and correct, has been filed in the office of the City Clerk of the City of Brea in accordance with the provisions of California Government Code Section 50022.6. (iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. ORDINANCE.

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

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

SECTION 2. Chapters 15.04, 15.08, 15.10, 15.12, 15.16, 15.20, 15.24, 15.28, 15.32,

15.34, 15.36 and 15.220 of Title 15 of the Brea City Code hereby are repealed; provided, however, that said repeal shall not affect or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the Codes adopted by reference and amended by Ordinance No. 1232 of this City, shall continue to be applicable to construction wherein plans have been submitted for plan check prior to the effective date of this Ordinance so long as the initial permit therefor is issued no later than ninety (90) days after the effective date of this Ordinance.

SECTION 3. A new Chapter 15.04 is hereby added to Title 15 of the Brea City Code to read as follows:
2 “CHAPTER 15.04: ADMINISTRATIVE CODE
“Section

15.04.010 2025 California Administrative Code Adopted

15.04.020 Conflicting provisions
§ 15.04.010 2025 CALIFORNIA ADMINISTRATIVE CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Administrative Code’ is hereby adopted in its entirety and shall be and become the Administrative Code of the City of Brea.
§ 15.04.020 CONFLICTING PROVISIONS.

In the event of a conflict between any provision contained in the Administrative Code and the administrative provisions of the City’s building codes, the more specific provision shall be given effect, unless another applicable provision is determined by the Building Official to more fully provide for the public health and safety and/or will more fully promote the intent of the city’s building codes.” SECTION 4.

A new Chapter 15.08 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.08: BUILDING CODE
“Section
“15.08.010 2025 California Building Code Adopted
“15.08.020 2025 California Building Code-Amendments
§15.08.010 2025 CALIFORNIA BUILDING CODE ADOPTED.

The ‘2025 California Building Code’, including Appendices B and G, and incorporating the ‘2024 International Building Code’ as published by the International Code Council, hereby is adopted in its entirety as the Building Code of the City of Brea, together with the amendments, additions, deletions and exceptions set forth in this chapter. §15.08.020 2025 CALIFORNIA BUILDING CODE-AMENDMENTS.

The California Building Code is hereby amended as follows:

SECTION 105.2 WORK EXEMPT FROM PERMIT-AMENDED
105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
3 Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2) and maximum height of 12 ft. It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Masonry or concrete fences not over 3 feet (1524 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18 925 L) and the ratio of height to diameter or width does not exceed 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches (457 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground. It is permissible to request a building permit when pools will be placed adjacent to a retaining wall and exceeds 1,000 gallons (3,785 L).

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support in occupancy Groups R-3 and U.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1219 mm) in height.

Electrical:

Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas.
4 Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

SECTION 903.2 WHERE REQUIRED-AMENDED
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.12 and Sections 903.2.14 through 903.2.21, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet (465 m2 ), or the
building is more than two stories in height, regardless of fire areas or allowable area.
5 2. New buildings in the High Fire Hazard Severity Zone (HFHSZ) and Very High Fire Hazard Severity Zone (VHFHSZ): An automatic sprinkler system shall be provided in all new occupancies in the HFHSZ and VHFHSZ.

3. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 50% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2
); or
b. When the addition exceeds 2,000 (185.81 m2
) square feet and the
resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2
); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8.

SECTION 903.2.8 GROUP R-AMENDED
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 50% or more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (92.903 m2 ) within a two
year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
6 3. Existing buildings in the High Fire Hazard Severity Zone (HFHSZ) and Very High Fire Hazard Severity Zone (VHFHSZ): An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% of more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (93.902 m2 ) within a two
year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

SECTION 918.2 EMERGENCY RESPONDER RADIO COVERAGE IN EXISTING

BUILDINGS - ADDED
918.2 Emergency responder radio coverage in existing buildings.

Existing buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception 1, of the Brea Fire Code.

2. Within a time frame established by the adopting authority.

3. The emergency responder radio coverage shall comply with the following Brea Fire Department guidance document:
‘Information for Digital Antenna Systems (DAS)/Bi-Directional Amplification (BDA) Systems’
TABLE 1505.1- AMENDED
TABLE 1505.1a

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2
.
7 a. Unless otherwise required in accordance with Chapter 7A or due to the location of the building within a fire district in accordance with Appendix D.

SECTION 1505.1.2 ROOF COVERINGS WITHIN ALL OTHER AREAS OTHER THAN

FIRE HAZARD SEVERITY ZONES OR WILDLAND - URBAN INTERFACE -

AMENDED
1505.1.2 Roof coverings in all areas. The entire roof covering of every existing structure where more than 33 percent of the total roof area is replaced within any twoyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.

SECTION 1505.5 NON-CLASSIFIED ROOFING-DELETED
SECTION 1505.7 SPECIAL PURPOSE ROOFS-DELETED
SECTION 1807.1.6 PRESCRIPTIVE DESIGN OF CONCRETE AND MASONRY

FOUNDATION WALLS-AMENDED
1807.1.6 Prescriptive design of concrete and masonry foundation walls. Concrete and masonry foundation walls that are laterally supported at the top and bottom shall be permitted to be designed and constructed in accordance with this section. Prescriptive design of foundation walls shall not be used for structures assigned to Seismic Design Category D, E or F.

SECTION 1809.7 PRESCRIPTIVE FOOTINGS FOR LIGHT-FRAME

CONSTRUCTION-AMENDED
1809.7 Prescriptive footings for light-frame construction. Where a specific design is not provided, concrete or masonry-unit footings supporting walls of light-frame construction shall be permitted to be designed in accordance with Table 1809.7.

Prescriptive footings in Table 1809.7 shall not exceed one story above grade plane for structures assigned to Seismic Design Category D, E or F.

TABLE 1809.7

PRESCRIPTIVE FOOTINGS SUPPORTING WALLS OF
LIGHT-FRAME CONSTRUCTION a, b, c, d, e

NUMBER OF FLOORS SUPPORTED
BY THE FOOTING f WIDTH OF FOOTING
(inches)

THICKNESS OF
FOOTING (inches)
1 12 6
2 15 6
3 18 8
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm
a. Depth of footings shall be in accordance with Section 1809.4. b. The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing. c. Interior stud-bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice the width shown in this table, and footings shall be spaced not more than 6 feet on center. 8 d. See Section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E or F.
e. For thickness of foundation walls, see Section 1807.1.6. f. Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roof only shall be as required for supporting one floor.
g. Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick in structures assigned to Seismic Design Category A & B.

SECTION 1809.8 PLAIN CONCRETE FOOTINGS-DELETED
SECTION 2304.10.2 FASTENER REQUIREMENTS-AMENDED
2304.10.2 Fastener requirements. Connections for wood members shall be designed in accordance with the appropriate methodology in Section 2302.1. The number and size of fasteners connecting wood members shall not be less than that set forth in Table 2304.10.2. Staple fasteners in Table 2304.10.2 shall not be used to resist or transfer seismic forces in structures assigned to Seismic Design Category D, E or F.

Exception: Staples may be used to resist or transfer seismic forces when the allowable shear values are substantiated by cyclic testing performed by an approved laboratory under a licensed professional engineer and results are approved by the building official.

APPENDIX B BOARD OF APPEALS-ADOPTED.

Appendix B of the California Building Code is hereby adopted by reference in its entirety with no amendments.

APPENDIX G FLOOD-RESISTANT CONSTRUCTION-ADOPTED.

Appendix G of the California Building Code is hereby adopted by reference in its entirety with no amendments.”
SECTION 5.

A new Chapter 15.10 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.10 RESIDENTIAL CODE
Section

15.10.010 2025 California Residential Code Adopted

15.10.020 2025 California Residential Code-Amendments

§15.10.010 2025 CALIFORNIA RESIDENTIAL CODE ADOPTED.

The ‘2025 California Residential Code’, including Appendices BF and CI, and incorporating the ‘2024 International Residential Code’ as published by the International Code Council, is hereby adopted in its entirety as the Residential Building Code of the City of Brea, together with the amendments, additions, deletions and exceptions set forth in this chapter. 9 §15.10.020 2025 CALIFORNIA RESIDENTIAL CODE-AMENDMENTS.

The California Residential Code is hereby amended as follows:

TABLE R301.2-AMENDED
TABLE R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUN
D
SNOW
LOAD o

WIND DESIGN

SEISMIC
DESIGN
CATEGORY f

SUBJECT TO DAMAGE FROM
WINTER
DESIGN
TEMP e
ICE

BARRIER

UNDERLAY
MENT
REQUIRED h
FLOOD
HAZARDS g
AIR

FREEZING
INDEX i
MEAN
ANNUAL
TEMP j
Speed d
(mph)
Topographic
effects k
Special
wind
regionl

Wind
borne
debris
zonem Weathering a
Frost line
Depth b Termite c
Zero 95 No No NO D2 or E Negligible 0 Very Heavy 43 No
See
Exhibit B 0 65.1
MANUAL J DESIGN CRITERIAn
Elevation
Altitude
Correction factor e Coincident
Wet bulb
Indoor winter design
dry-bulb temperature
Indoor winter design
dry-bulb temperature
Outdoor winter
design dry-bulb
temperature
Heating
temperature
difference
275 68
Latitude Daily range
summer design
design gains
Indoor summer
design relative
humidity
Indoor summer design
Dry-bulb temperature
Outdoor summer
design dry-bulb
temperature
Cooling
Temperature
difference
34 29

For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern.

The weathering column shall be filled in with the weathering index, "negligible," "moderate" or "severe" for concrete as determined from Figure R301.2(1). The grade of masonry units shall be determined from ASTM C 34, ASTM C 55, ASTM C 62, ASTM C 73, ASTM C 90, ASTM C 129, ASTM C 145, ASTM C 216 or ASTM C 652.
b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of 10 flood hazard areas); (b) and the title and date of the currently effective Flood Insurance Study or other hazard study and maps adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO."
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BFdays) from Figure R403.3(2) or from the l00-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.htrnl. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html.
k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. l. In accordance with Figure R301.2(2), where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. In accordance with Section R301.2.1.2, the jurisdiction shall indicate the wind-borne debris wind zone(s). otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads in Figure R301.2(3).

SECTION R405.1 CONCRETE OR MASONRY FOUNDATIONS. EXCEPTIONDELETED SECTION R902.1 ROOFING ASSEMBLIES-AMENDED
R902.1 Roofing assemblies. Roof decks shall be covered with materials as set forth in Sections R904 or with roof coverings as set forth in Section 905. Minimum Class A roofing shall be installed in areas designated by this section or where the edge of the roof is less than 3 feet (914 mm) from a lot line. Classes A roofing required by this section to be listed shall be tested in accordance with ASTM E 108 or UL 790. Where required, the rood assembly shall be listed as to class by an approved testing agency.

Exceptions:

1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck.

2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible roof decks or ferrous, copper or metal sheets installed without a roof deck on noncombustible framing.

SECTION R902.1.2 ROOF COVERINGS IN ALL OTHER AREAS OTHER THAN FIRE

HAZARD SEVERITY ZONES OR WILDLAND - URBAN INTERFACE -AMENDED R902.1.2 Roof coverings in all areas. The entire roof covering of every existing structure where more than 33 percent of the total roof area is replaced within any twoyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, 11 shall be a fire-retardant roof covering that is at least Class A.

SECTION R902.2 FIRE-RETARDANT-TREATED SHINGLES AND SHAKESAMENDED R902.2 Fire-retardant-treated shingles and shakes. Fire-retardant-treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full-cell vacuum-pressure process with fireretardant chemicals, and which have been qualified by UBC Standard 15-2 or ASTM E108 or UL 790 for use on Class A roofs.”
APPENDIX BF PATIO COVERS-ADOPTED.

SECTION BF105 STRUCTURAL PROVISIONS-AMENDED
BF105.1 Design Loads. Patio covers shall be designed and constructed to sustain, within the stress limits of the code, all dead loads plus a vertical live load of not less than 20 pounds per square foot (0.48 kN/m^2). Such covers shall be designed to resist the minimum wind loads set forth in Section R301.2.1.

BF105.2 Footings. In areas with frostline depth of zero as specified in the Table R301.2, for patio covers supported on a slab-on-grade without footings, the slab shall conform to the provisions of Sections R506, shall be not less than 5 inches (127 mm) thick and the columns shall not support live and dead loads in excess of 750 pounds (3.34 kN) per columns.

APPENDIX CI SWIMMING POOL SAFETY ACT-ADOPTED.

Appendix CI of the California Residential Code is hereby adopted by reference in its entirety with amendments.

APPENDIX CI SWIMMING POOL SAFETY ACT-AMENDED
Authority: Health and Safety Code Section 18942 (b)
Reference: Health and Safety Code Section 18942 (b); Chapter 925, Statutes of 1996 115922
(a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of Section 115923 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures 12 used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)4 or (a)5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

2. Removable mesh fencing that meets American Society for testing and materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. The mesh fencing shall be not less than 20 inches from the water’s edge.

3. An approved safety pool cover, as defined in subdivision (d) of Section 115921.

4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”

5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa, will sound upon detection of accidental or unauthorized entrance into the water.

The alarm shall meet and be independently certified to the ASTM standard F2208 “Standard Safety Specification for Residential Pool Alarms.” Which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or that American Society of Mechanical Engineers (ASME).

Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.”

13 SECTION 6.

A new Chapter 15.12 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.12: ELECTRICAL CODE
“Section

15.12.010 2025 California Electrical Code Adopted

15.12.020 2025 California Electrical Code-Amendments
§15.12.010 2025 CALIFORNIA ELECTRICAL CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Electrical Code’, based on the 2023 National Electrical Code as published by the National Fire Protection Association, is hereby adopted in its entirety as the Electrical Code of the City of Brea, regulating and controlling the installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and electrical appliances on premises within the City. “§15.12.020 CALIFORNIA ELECTRICAL CODE-AMENDMENTS.
[Reserved for future amendments]”
SECTION 7
A new Chapter 15.16 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.16: MECHANICAL CODE
“Section

15.16.010 2025 California Mechanical Code Adopted

15.16.020 2025 California Mechanical Code-Amendments
§15.16.010 2022 CALIFORNIA MECHANICAL CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Mechanical Code’, based on the ‘2024 Uniform Mechanical Code’ as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Mechanical Code of the City of Brea, regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances. §15.16.020 2019 CALIFORNIA MECHANICAL CODE-AMENDMENTS
[Reserved for future amendments]”
SECTION 8
14 A new Chapter 15.20 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.20: PLUMBING CODE
“Section

15.20.010 2025 California Plumbing Code Adopted

15.20.020 2025 California Plumbing Code-Amendments
§15.20.010 2025 CALIFORNIA PLUMBING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Plumbing Code’, based on the ‘2024 Uniform Plumbing Code’ as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted in its entirety as the Plumbing Code of the City of Brea, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of plumbing systems within the City. §15.20.020 2025 CALIFORNIA PLUMBING CODE-AMENDMENTS
[Reserved for future amendments]”
SECTION 9.

A new Chapter 15.24 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.24: GREEN BUILDING STANDARDS CODE
“Section

15.24.010 2025 California Green Building Standards Code Adopted

15.24.020 2025 California Green Building Standards Code-Amendments §15.24.010 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Green Building Standards Code’ is hereby adopted in its entirety and shall be and become the Green Building Standards Code of the City of Brea.
§15.24.020 2025 CALIFORNIA GREEN BUILDING STANDARDS CODEAMENDMENTS [Reserved for future amendments]”
SECTION 10.

A new Chapter 15.28 is hereby added to Title 15 of the Brea City Code to read as follows:
15 “CHAPTER 15.28: ENERGY CODE
“Section

15.28.010 2025 California Energy Code Adopted

15.28.020 2025 California Energy Code-Amendments
§15.28.010 2025 CALIFORNIA ENERGY CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Energy Code’, is hereby adopted in its entirety and shall be and become the Energy Code of the City of Brea, regulating erection, installation, alteration, repair, relocation, replacement, maintenance or use of energy systems.
§15.28.020 2025 CALIFORNIA ENERGY CODE-AMENDMENTS.
[Reserved for future amendments]”
SECTION 11.

A new Chapter 15.32 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.32: PROPERTY MAINTENANCE CODE
“Section

15.32.010 2024 International Property Maintenance Code Adopted

§15.32.010 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED.

The ’International Property Maintenance Code, 2024 Edition’, as published by the International Code Council, is hereby adopted in its entirety as the Property Maintenance Code of the City of Brea, regulating and controlling the conditions and maintenance of all property, buildings and structures; providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; provided, however, that notwithstanding the adoption of this code, the City may utilize and enforce any other provision of any code of the City relating to property maintenance.”
SECTION 12.

A new Chapter 15.34 is hereby added to Title 15 of the Brea City Code to read as follows:
16 “CHAPTER 15.34: HISTORICAL BUILDING CODE
“Section

15.34.010 2025 California Historical Building Code Adopted

15.34.020 2025 California Historical Building Code-Amendments §15.34.010 2025 CALIFORNIA HISTORICAL BUILDING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Historical Building Code', is hereby adopted in its entirety and shall be and become the Historical Building Code of the City of Brea, regulating for the preservation, restoration, rehabilitation, relocation or reconstruction of buildings or properties designated as qualified historical buildings or properties.
§15.34.020 2025 CALIFORNIA HISTORICAL BUILDING CODE-AMENDMENTS. [Reserved for future amendments]”
SECTION 13.

A new Chapter 15.36 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.36: EXISTING BUILDING CODE
“Section

15.36.010 2025 California Existing Building Code Adopted

15.36.020 2025 California Existing Building Code-Amendments §15.36.010 2025 CALIFORNIA EXISTING BUILDING CODE ADOPTED.

Except as provided in this chapter, the ‘2025 California Existing Building Code’, incorporating the ‘2024 International Existing Building Code’ as published by the International Code Council, is hereby adopted in its entirety and shall become the Existing Building Code of the City of Brea, regulating the alteration, repair, addition and change of occupancy of existing structures. Together with the amendments, additions, deletions and exceptions set forth in this chapter.
§15.36.020 2025 CALIFORNIA EXISTING BUILDING CODE-AMENDMENTS. [Reserved for future amendments]”
SECTION 14.

A new Chapter 15.220 is hereby added to Title 15 of the Brea City Code to read as follows:
“CHAPTER 15.220: SWIMMING POOLS
17 “Section

15.220.010 2024 International Swimming Pool and Spa Code Adopted

15.220.020 2024 International Swimming Pool and Spa Code-Amendments §15.220.010 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE- ADOPTED.

Except as provided in this chapter, the ‘2024 International Swimming Pool and Spa Code’, is hereby adopted in its entirety and shall be and become the Swimming Pool and Spa Code of the City of Brea, regulating the design, construction, alteration, movement, renovation, replacement, repair and maintenance of swimming pools, spas, hot tubs, aquatic facilities and relate equipment in Brea. “§15.220.020 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE - AMENDMENTS.

SECTION 305.2 (a) CONSTRUCTION PERMIT; SAFETY FEATURES REQUIREDADDED 305.2 (a) Construction permit; safety features required. (a) Except as provided in Section 115925, when a building permit is issued for the construction of a new swimming pool or spa or the remodeling of an existing swimming pool or spa at a private single-family home, the respective swimming pool or spa shall be equipped with item # 1 and at least one additional of the following seven drowning prevention features:

1. An enclosure that meets the requirements of 115923 and isolates the swimming pool and spa from the private single-family home. Any walls of the residential structure or accessory structures used to complete the isolation enclosure must have door openings equipped with protection as required in 115922 (a)4 or (a)5. Any such door protection device provided for this purpose may not be used to comply with the second drowning prevention feature requirement.

2. Removable mesh fencing that meets American Society for testing and materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device. The mesh fencing shall be not less than 20 inches from the water’s edge.

3. An ‘approved safety pool cover’, as defined in subdivision (d) of section 115921.

4. Exit alarms on the private single-family home’s doors that provide direct access to the swimming pool or spa. The exit alarm may cause either an alarm noise or a verbal warning, such as a repeating notification that “the door to the pool is open.”
18 5. A self-closing, self-latching device with a release mechanism placed no lower than 54 inches (1372 mm) above the floor on the private single-family home’s doors providing direct access to the swimming pool or spa.

6. An alarm that, when placed in a swimming pool or spa will sound upon detection of accidental or unauthorized entrance into the water.

The alarm shall meet and be independently certified to the ASTM standard F2208 “Standard Safety Specification for Residential Pool Alarms.” Which includes surface motion, pressure, sonar, laser and infrared type alarms. A swimming protection alarm feature designed for individual use, including an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water, is not a qualifying drowning prevention safety feature.

7. Other means of protection, if the degree of protection afforded is equal to or greater than that afforded by any of the features set forth above and has been independently verified by an approved testing laboratory as meeting standards for those features established by the ASTM or that American Society of Mechanical Engineers (ASME). (b) Before the issuance of a final approval for the completion of permitted construction or remodeling work, the local building code official shall inspect the drowning safety prevention features required by this section and, if no violations are found, shall give final approval.

Authority and Reference: Health and Safety Code Section 115921, et seq.

SECTION 305.2 (b) ENCLOSURE; REQUIRED CHARACTERISTICS. AN ENCLOSURE SHALL HAVE ALL OF THE FOLLOWING CHARACTERISTICSADDED 305.2 (b) Enclosure; required characteristics. An enclosure shall have all of the following characteristics. An enclosure shall have all of the following characteristics:

1. Any access gates through the enclosure open away from the swimming pool and are self-closing with a self-latching device placed no lower than 60 inches (1524 mm) above the ground.

2. A minimum height of 60 inches ((1524 mm).

3. A maximum vertical clearance from the ground to the bottom of the enclosure of 2 inches (51 mm).

4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4 inches (102 mm) in diameter.
19 5. An outside surface free of protrusions, cavities or other physical characteristics that would serve as handholds or footholds that could enable a child below the age of five years to climb over.

Authority and Reference: Health and Safety Code Section 115921, et seq.

Section 305.2.1 BARRIER HEIGHT AND CLEARANCES – DELETED Section 305.3 DOORS AND GATES - DELETED.”
SECTION 15. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater energy efficiency, construction sustainability, and protection from seismic and climatic forces, including fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).

SECTION 16. PENALTIES.

It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or any of the Codes hereby adopted. Unless deemed to be an infraction, any person, firm, partnership or corporation violating any provision of this Ordinance or any of the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. In addition to the foregoing, violation of this Ordinance or the Codes adopted hereby may be punishable by administrative penalty. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.

SECTION 17. CIVIL REMEDIES
The violation of any of the provisions of this Ordinance or any of the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

SECTION 18. SEVERABILITY
20 The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

SECTION 19. Effective Date. This ordinance shall become effective the later of January 1, 2026, or thirty (30) days after adoption.

SECTION 20. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this 16th day of September, 2025.

Blair Stewart, Mayor
ATTEST:_____________________________
Victoria Popescu, City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, held on the 19th day of August, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the 16th day of September, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAINED: COUNCIL MEMBERS:

Victoria Popescu, City Clerk
CITYof  BREA
Communication
August 19, 2025
Item No. 4C.
2025 Fire Code and Wildland Urban Interface Ordinance Introduction

TO PREPARED BY
Honorable Mayor and City Council Members Nicole Pesqueira, Fire Marshal

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Dan Mielke, Fire Chief Kristin Griffith, City Manager

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

1. Introduce by title only and waive further reading of Ordinance No. 1265, adopting by reference and amending the 2025 California Fire Code (CFC) and 2025 California Wildland Urban Interface Code (CWUIC); and

2. Schedule a public hearing for September 16, 2025 to consider adoption of the Ordinance No. 1265.

BACKGROUND/DISCUSSION
California Health and Safety Code Section 17922 requires local jurisdictions to adopt fire safety standards, including building standards, at least as restrictive as those found in the CFC, as codified in Title 24 of the Code of Regulations.

The CFC is updated every three years based on the International Fire Code with California-specific amendments.

The current 2022 CFC has been in effect since January 1, 2023. The 2025 edition includes significant updates addressing emerging fire safety challenges, particularly related to wildland urban interface areas.

The CWUIC provides comprehensive regulations for construction and development in areas where structures interface with wildland vegetation. Given the increasing wildfire threats throughout California, adoption of the updated CWUIC is critical for community protection.

Assembly Bill (AB) 130:

AB 130 (2025), effective June 30 of this year, imposes a moratorium on local amendments to residential building standards not already in effect, subject to limited exceptions. This moratorium is effective from October 1, 2025, through June 1, 2031 and effectively requires local jurisdictions to adopt the most current CFC and CWUIC with local amendments by October 1, 2025. Failure to adopt such local amendments by October 1 would eliminate the City’s ability to maintain local fire safety standards that may be more restrictive than State requirements, potentially compromising the community's fire protection measures.

Key Updates in the 2025 California Fire Code:

The 2025 CFC incorporates enhanced provisions for emergency access, water supply requirements, and vegetation management. New sections address battery energy storage systems, electric vehicle charging infrastructure fire safety, and updated requirements for high-rise buildings. The code also includes updated standards for fire department connections.

Key Updates in the 2025 California Wildland Urban - Interface Code:

The 2025 CWUIC strengthens defensible space requirements, updates ignition-resistant construction standards, and provides clearer guidance on vegetation management zones. Enhanced provisions address ember intrusion prevention, improved access road specifications, and updated water supply requirements for fire suppression in wildland areas.

Benefits of Adoption:

Adopting the 2025 Codes will ensure that Brea maintains compliance with State fire safety standards and provides enhanced protection for residents and property. The updated Codes reflect current best practices in fire prevention and suppression, incorporate lessons learned from recent wildfire events, and provide clearer guidance for developers, contractors, and property owners. The Codes also support the City’s climate adaptation and resilience goals by addressing increased fire risks associated with changing weather patterns and extended fire seasons.

Implementation Considerations:

Due to the October 1, 2025 deadline imposed by AB 130, staff recommends immediately moving forward to adopt and amend the Codes, followed by a 60-day implementation period. The loss of local amendment authority for residential occupancies under AB 130 would be particularly detrimental to Brea, as the City’s current local amendments include enhanced fire safety requirements for residential developments in high fire hazard severity zones. Maintaining and enhancing these local standards is essential for protecting the community's residential areas.

The updated Codes may result in increased construction costs for some projects, particularly those in wildland urban interface areas. However, these costs are offset by enhanced fire safety protection and potential insurance benefits for property owners.

Environmental Review
The proposed Ordinance includes the finding that it has been evaluated in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. Pursuant to Section 15061(b)(3) of the CEQA Guidelines, the proposed Ordinance is exempt from the requirements to prepare additional environmental documentation as it can be seen with certainty that there is no possibility that adoption of the Ordinance may have a significant effect on the environment because the Codes, as amended, will provide for greater environmental protection due to the reduction in the risk of fire-related hazards.

FISCAL IMPACT/SUMMARY
The direct fiscal impact of the recommended Code adoption is minimal and limited to staff training costs and Code book purchases estimated at $3,000. The Codes may generate additional permit and inspection fee revenue, as more stringent requirements increase the scope of review for certain projects.

Long-term fiscal benefits include reduced fire suppression costs, decreased liability exposure, and potential property tax revenue protection through enhanced fire safety measures.

Attachments
Attachment 1 - Ordinance
August 19, 2025
ORD.
1 ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
ADOPTING BY REFERENCE AND AMENDING THE 2025

CALIFORNIA WILDLAND - URBAN INTERFACE CODE AND
CALIFORNIA FIRE CODE AND PORTIONS OF THE 2024

INTERNATIONAL FIRE CODE, AS THE CITY OF BREA FIRE CODE,

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS,
DELETIONS AND EXCEPTIONS, AMENDING TITLE 16 (FIRE

SAFETY) OF THE BREA CITY CODE, AND APPROVING A CEQA
EXEMPTION DETERMINATION.

A. Recitals.
(i) Government Code Section 50020, et seq., authorizes the adoption, by reference, of the 2025 California Fire Code, 2025 Wildland - Urban Interface Code and portions of the International Fire Code.
(ii) At least one (1) copy of the Codes adopted herein by reference, certified as a full, true and correct copies thereof by the City Clerk of the City of Brea, have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California Government Code Section 50022.3, has been conducted and was concluded prior to the adoption of this Ordinance.
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.

B. Ordinance.

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

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

Section 2. Chapter 16.04 of Title 16 of the Brea City Code is hereby repealed; provided, however, that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance and provided further that the 2022 California Fire Code, as adopted by reference by the City of Brea, shall continue to be applicable to construction wherein plans have been submitted for plan check prior to the effective date of this Ordinance, so long as the initial permit therefor is issued no later than ninety (90) days after such effective date.

Section 3. A new Chapter 16.04 hereby is added to Title 16 of the Brea City Code to read as follows:

August 19, 2025
ORD.
2 “CHAPTER 16.04: BREA FIRE CODE
Sections

16.04.010 Fire Code and WUI Code adopted

16.04.020 Enforcement and inspections

16.04.030 Chapter 1 Scope and Administration amendments

16.04.040 Chapter 2 Definitions amendments

16.04.050 Chapter 3 General Requirements amendments

16.04.060 Chapter 4 Emergency Planning and Preparedness

16.04.070 Chapter 5 Fire Service Features amendments

16.04.080 Chapter 9 Fire Protection Systems amendments

16.04.090 Chapter 11 Construction Requirements for Existing Buildings amendments

16.04.100 California Wildland - Urban Interface Code amendments

16.04.110 Chapter 56 Explosives and Fireworks amendments

16.04.120 Chapter 57 Flammable and Combustible Liquids amendments

16.04.130 Appendix B Fire-flow Requirements for Buildings amendments

16.04.140 Chapter 80 Referenced Standards amendments

16.04.150 Fees
§16.04.010 FIRE CODE AND WILDLAND-URBAN INTERFACE CODE ADOPTED.

The 2025 Editions of the California Wildland - Urban Interface Code and the California Fire Code including Appendices: B, BB, C, CC, D, H, N and O, and excluding Appendices A, E, F, G, I, J, K, L, M, P, and Q together with the following amendments, additions, deletions and exceptions, are hereby adopted by reference as the Fire Prevention Code of the City of Brea. §16.04.020 ENFORCEMENT AND INSPECTIONS.

The California Fire Code and California Wildland - Urban Interface Code, with amendments, shall be enforced by the Brea Fire Department. The Fire Chief of the Brea Fire Department may detail such members of the fire department as inspectors as shall be necessary from time to time.
§16.04.030 CHAPTER 1 SCOPE AND ADMINISTRATION AMENDMENTS.

SECTION 101.1 Title is hereby amended as follows:

Section 101.1 Title. This Code shall be known as the Brea Fire Code, hereinafter referred to as ‘this Code.’
SECTION 105.5.59 Additional permits is hereby amended by adding the following:

August 19, 2025
ORD.
3 Cut Christmas trees. No person shall sell, display or store for resale, in the City of Brea, any cut Christmas tree, unless a permit therefore has been issued by the Chief.

Potentially hazardous general use. To conduct an activity or operation that is not specifically addressed by other permits, but which is likely to produce conditions hazardous to life or property.

SECTION 105.6.26 Miscellaneous plan check is hereby added as follows:

Miscellaneous Plan Check. Request or submittal of any type of plan or necessary review of documents pertaining to operations that are covered by the Fire Department or this Code, but are not specifically listed in Chapter 1.

SECTION 105.6.27 Combustible soil-gas mitigation systems is hereby added as follows:

Combustible soil-gas mitigation systems. A construction permit is required for the installation or modification of a combustible soil-gas mitigation system.

Maintenance performed in accordance with the current City of Brea Combustible Soil-Gas Guideline is not considered to be a modification and does not require a construction permit.

SECTION 108.4 Work commencing before permit issuance is hereby amended as follows:
108.4 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this Code before obtaining the necessary permits shall be subject to an additional fee that is equal to the original permit fee, which shall be in addition to the required permit fees.

SECTION 109.5 Occupant count is hereby added as follows:
109.5 Occupant count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. If the Chief determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared until an accurate count can be made.

SECTION 112.1 General is hereby amended to read as follows:
112.1 Board of appeals established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be a certified Building Official and a qualified person trained in fire protection engineering, fire science or fire technology.

August 19, 2025
ORD.
4 SECTION 113.4 Violation penalties is hereby amended to read as follows:
113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of its requirements, or who shall erect, install, alter, repair or do work in violation of the approved construction documents used under provisions of this Code, shall be guilty of a misdemeanor unless such violation is expressly made punishable as an infraction. Alternatively or in addition, any violation of this Code may be punished by administrative penalty and issuance of an administrative citation.

SECTION 114.4 Failure to comply is hereby amended as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to fines.
§16.04.040 CHAPTER 2 DEFINITIONS AMENDMENTS
SECTION 202 GENERAL DEFINITIONS is hereby amended by adding the following definitions:

FLOW-LINE. The lowest continuous elevation on a rolled curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

JURISDICTIONAL AREA. Any area under the jurisdiction, including the territorial area, of the City of Brea, including all areas annexed thereto after adoption of this Code.

VEHICLE FUELING APPLIANCE. A listed natural gas compressor package not containing storage, designed for the unattended dispensing of natural gas into the fuel tanks of motor vehicles.

WILDLAND - URBAN INTERFACE AREA. All areas identified within the High and Very High Fire Severity Zone and other areas as determined by the fire code official due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation that are at significant risk from wildfires.
§16.04.050 CHAPTER 3 GENERAL REQUIREMENTS AMENDMENTS.

Section 304.1.3 Vegetation is hereby revised as follows:
304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a August 19, 2025
ORD.
5 fuel modification area, interior slope, or similarly hazardous area shall be in accordance with the Brea Fire Department Fuel Modification Guideline.

SECTION 304.1.3(b)(7)(E) is hereby added as follows:
(E) ‘Brea Very High Fire Hazard Severity Zone Requirements – Technical Design for New Construction Fuel Modification Plans and Maintenance Program’
SECTION 304.1.3(b)(7)(F) is hereby added as follows:
(F) ‘Brush Clearance on all Existing Properties located within the Protection Area’
SECTION 304.1.3(b)(7)(G) is hereby added as follows:
(G) ‘Brush Clearance on wildland-urban interface areas including the high and very high fire severity zones’
SECTION 307.6 Outdoor fires in the wildland-urban interface areas is hereby added as follows:
307.6 Outdoor fires in the wildland-urban interface areas. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire SECTION 307.1.2 Outdoor fires is hereby added as follows:
307.1.2 Outdoor fires. Outdoor, open burning and recreational fires shall not be built, ignited or maintained when the following conditions exist:

1. Predicated sustained winds exceed 8 MPH at the ground level, or a red flag condition has been declared.

2. A person age 18 or over is not present at all times to watch and tend such fire.

3. A public announcement is made that open burning is prohibited.

4. A viable water source or approved means of extinguishment is not immediately available.

Exceptions:

August 19, 2025
ORD.
6 1. Occupied one and two-family dwellings where such fires are built in a permanent or portable barbecue, outdoor fireplace, or grill and are a minimum of 15 feet (4572mm) from any combustible material or structure. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.

2. Fires at official organized campsites or parks when located in permanent or portable barbecues or grill, incinerator, or outdoor fireplace (all equipped with some type of spark arrester) located at least 30 feet (9144mm) 10 from combustible vegetation.

SECTION 324 CHRISTMAS TREE SALES is hereby added as follows:

SECTION 324

CHRISTMAS TREE SALES
324.1 General.

No person shall sell, display for sale, or store for sale in the City of Brea, any cut Christmas tree, unless a permit therefor has been obtained from the Fire Department. Applicants must comply with all rules and regulations and obtain all required permits and licenses including a City business license. 324.1.1 Permit – When issued.

Permits to sell, display for sale, or store for sale cut Christmas trees in the City of Brea may only be issued for the period from November 5th to December 31st.

The applicant must show that the proposed location and method of activity will not constitute a fire hazard or violation of law.
324.1.2 Cleanup deposit.

Each applicant, if other than a permanent established year-round business, shall pay a cleanup deposit in such amount as established by Resolution to the City Council. The applicant must agree that not later than the tenth day of January following the issuance of such permit, all unsold trees, combustible waste and accumulation of sawdust will be removed from the permitted location and disposed of properly. Following the tenth day of January the City may remove and dispose of accumulations and apply the deposit to costs, including overhead expenses (30%), incurred by such removal.
324.1.3 Return of deposit.

The Fire Marshal or designated person(s) will inspect permitted sites as soon as possible after January 10th of each year. Permittees who have completed the site cleanup will receive a refund of the cleanup guarantee deposit.

August 19, 2025
ORD.
7 324.1.4 Liability.

Each permittee shall provide general liability insurance as required by the City of Brea Risk Manager, protecting against any claim for damages caused in any manner from the use of such lot or the keeping or sale of any Christmas trees therein or otherwise in the exercise of rights granted by such permit issued pursuant to this Section. A certificate of such insurance shall be filed with the Fire Marshal showing the City as a named additional insured hereunder.

SECTION 325 PROJECTILE FIRING is hereby added as follows:

SECTION 325

PROJECTILE FIRING
No person shall, in any brush or grass-covered area or area covered with flammable material, possess or fire or cause to be fired any tracer bullets, tracer charge, flammable propellant model rockets or any type of projectile that discharged smoldering or flammable material. Nothing in this section shall apply to any law enforcement officer acting in the course of such officer’s duties other than target practice.

SECTION 326 DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC, COMBUSTIBLE OR FLAMMABLE GASES OR VAPORS is hereby added as follows:

SECTION 326

DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC,

COMBUSTIBLE OR FLAMMABLE GASES OR VAPORS
Section 326.1 All projects with sources of combustible soil gas are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems. Projects shall be required to conform to the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.

Section 326.2 Additions or modifications to a lot or existing building in any identified methane area that expands the original footprint, shall be required to add methane mitigation requirements per the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.

SECTION 327 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION is hereby added as follows:

SECTION 327
August 19, 2025
ORD.
8 327.1 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION.

All new buildings and additions to be built or installed in areas containing combustible vegetation shall comply with the following:

1. The fuel modification plans shall meet the criteria set forth in the ‘Brea Very High Fire Hazard Severity Zone Requirements – Technical Design for New Construction Fuel Modification Plans and Maintenance Program’

2. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map(s).

3. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval by the fire code official.

5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

SECTION 328 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS is hereby added as follows:

SECTION 328

CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS
The fire code official is authorized to require areas within 75 feet (3048mm) or greater, if a higher fire hazard is present, on each side of portions of highways, roads, and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

SECTION 329 USE OF EQUIPMENT is hereby added as follows:

SECTION 329

USE OF EQUIPMENT
August 19, 2025
ORD.
9 Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester, as specified in Section 329.1, maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

SECTION 329.1 Equipment and devices generating heat, sparks or open flames is hereby added as follows:
329.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

4. Keep a cell phone nearby and call 911 immediately in case of fire.

August 19, 2025
ORD.
10 329.2 Spark arrestors is hereby added as follows:
329.3 Spark arrestors. Spark arrestors shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

SECTION 330 RESTRICTED ENTRY is hereby added as follows:

SECTION 330

RESTRICTED ENTRY
The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or on their own land.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
§16.04.060 CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS Chapter 4 EMERGENCY PLANNING AND PREPAREDNESS is adopted in only those sections and subsections adopted by the SFM with the following amendment:

Section 403.11.2 is hereby revised as follows:
403.11.2 Public safety plan for gatherings. A public safety plan shall be prepared for Large Events or when required by the fire code official. The public safety plan shall be submitted to the fire code official with the application for a special event permit as required by Section 105.5 of this code and consistent with the Brea Fire Department Special Event Staffing Matrix. The safety plan shall address and include (but is not limited) to the following items:

1. Emergency vehicle ingress and Egress.

2. Fire Protection.

3. Emergency egress or escape routes.

4. On-site emergency medical services and law enforcement.

5. Public assembly areas.

August 19, 2025
ORD.
11 6. The directing of both attendees and vehicles, including the parking of vehicles.

7. Vendor and food concession distribution

8. The need for the presence of law enforcement.

9. The need for fire and emergency medical services personnel.

10. The need for a weather monitoring person.
§16.04.070 CHAPTER 5 FIRE SERVICE FEATURES AMENDMENTS.

SECTION 503 FIRE APPARATUS ACCESS ROADS
SECTION 503.1 Where required is hereby amended as follows 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D, as amended.

SECTION 503.2.1 Dimensions is hereby amended as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). Fire apparatus access roads in the Fire Hazard Severity Zones shall have an unobstructed width of 24 feet (2 unobstructed 12 feet travel lanes).

SECTION 503.2.3 Surface is hereby amended as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed, and maintained to support the imposed loads of fire apparatus (75,000 lbs. load/25,000 point load) and shall be surfaced so as to provide all-weather driving capabilities. Alternative driving surfaces shall be designed by a registered civil engineer and shall be subject to approval by the Brea Fire Department.

SECTION 503.2.4 Turning radius is hereby amended as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. Width of 20 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 38 feet.

Width of 24 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 45 feet.

Radius must be concentric.

August 19, 2025
ORD.
12 SECTION 503.7 Apparatus access to fire hazard severity zones is hereby added as follows:
503.7 Apparatus access to fire hazard severity zones. A minimum of two separate public access and exit roads are required in developments within a Fire Hazard Severity Zone or as approved by the fire code official.

SECTION 505.1 Address identification is hereby amended as follows:
505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single-family residences.

All multi-family, multi-retail and multi-commercial occupancies shall have a minimum of 6-inch-high numbers, with a minimum one-and-one-half inch (1 ½”) stroke.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one-and-one-half inch (1 ½”) stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of ten (10) inch high numbers, with a one-and-onehalf inch (1 ½”) stroke.

All multi-family, multi-retail and multi-industrial occupancies shall identify individual units with numbers a minimum of six (6) inches, affixed to the unit front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame.

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

SECTION 506.1 Where required is hereby amended as follows:
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for emergency or non-emergency purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

SECTION 507.5.7 Private hydrants is hereby added as follows:
507.5.7 Private hydrants. Private hydrants shall be painted OSHA safety red.

August 19, 2025
ORD.
13 SECTION 510.1 Emergency responder communication enhancement systems in new buildings is hereby amended as follows:
510.1 Emergency responder communication coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon existing coverage levels of the public safety communication systems at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The emergency responder communication coverage shall comply with the Brea Fire Department guidance document:

Information for Digital Antenna System (DAS)/Bi-Directional Amplification (BDA) Systems
Exceptions:

1. Where it is determined by the fire code official that the radio system is not needed.

2. In facilities where emergency responder communication coverage is required and such systems, components or equipment could have a negative impact on normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

Sections 510.4 and 510.5 are deleted.
§16.04.080 CHAPTER 9 FIRE PROTECTION SYSTEMS AMENDMENTS.

SECTION 903.2 Where required is hereby amended as follows:
903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fireextinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet as defined in Section 202, or more than two stories in height, regardless of fire areas or allowable area.

2. New buildings in the VHFHSZ and HFHSZ: An automatic sprinkler system shall be provided in all new structures in the VHFHSZ and HFHSZ.

August 19, 2025
ORD.
14 3. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:
a. When the addition is 50% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m²); or
b. When the addition exceeds 2000 square feet (185.81 m²) and the resulting building area, as defined in Section 202, exceeds 5000 square feet (465 m²); or
c. An additional story is added above the second floor regardless of fire areas or allowable area.

Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8(2).

SECTION 903.2.8 Group R is hereby amended as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exist:
a. When an addition is 50% or more of the existing building area, as defined in Section 202, or greater than 1000 square feet (92.903 m2) within a two-year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or.
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

August 19, 2025
ORD.
15 3. Existing buildings in the Very High Fire Hazard Severity Zone: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:
a. When an addition is 33% or more of the existing building area, as defined in Section 202, or greater than 1000 square feet (92.903 m2) within a two-year period; or
b. An addition when the existing building is already provided with automatic sprinklers; or
c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.
§16.04.090 CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS AMENDMENTS.

Adopt only those sections and subsections below:
1101.1, 1101.3, 1103.2, 1103.3-1103.3.3, 1103.7, 1103.7.3.1, 1103.7.8-1103.7.8.2, 1103.7.9-1103.7.9.10, 1103.8-1103.8.5.3, 1103.9-1103.9.1, 1107, 1113, 1114, 1115, and 1116
SECTION 1103.2 Emergency responder communications enhancements in existing buildings is hereby amended as follows:
1103.2 Emergency responder communications enhancements in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building, based upon the existing coverage levels of the public safety communications systems of the jurisdiction at the exterior of the building, shall be equipped with such coverage according to one of the following:

1. Where an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 510.1, Exception

1. 2. Within a time frame established by the adopting authority.

3. The emergency responder radio communication coverage shall comply with the following Brea Fire Department guidance document:
‘Information for Digital Antenna Systems (DAS)/Bi-Directional Amplification (BDA) Systems’
August 19, 2025
ORD.
16 §16.04.100 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE AMENDMENTS.

Chapter 5 SPECIAL BUILDING CONSTRUCTION REGULATIONS is adopted in its entirety as amended by the SFM with the following amendments:

Section 504.10.3 Vent locations. Gable-end and dormer vents shall be located not less than 10 feet from lot lines and/or adjacent buildings. Underfloor ventilation openings shall be located as close to grade as practical, and/or as determined by the Building Official or Fire Marshal.

Section 504.11.3 Accessory buildings located 3 feet or more but less than 50 feet.

Accessory buildings separated from an applicable building on the same lot by a distance of 3 feet or more but less than 50 feet shall be constructed of noncombustible materials or of ignition-resistant building materials as described in Section 503.2.4.

Section 504.11.4 is deleted in its entirety.

Section 507.1 General. The roof covering on buildings or structures in existence prior to the adoption of this code that are replaced or have 33.34 percent or more replaced in a 24-month period shall be replaced with a roof covering required for new construction in accordance with Sections 504.2 and 504.2.1. All portions of a roof covering applied during an addition, alteration, or repair to an existing structure shall meet at least a Class A fire classification.

Chapter 6 FIRE PROTECTION REQUIREMENTS is adopted in its entirety as amended by the SFM with the following amendments:

SECTION 602.4 Fuel modification plans is hereby added as follows:
602.4 Fuel modification plans. Fuel modification plans shall be reviewed and approved for all new buildings to be built or installed in a wildfire risk area. Plans shall meet the criteria set forth in the Brea Fire Department Fuel Modification Guideline.

SECTION 602.5 Homeowners Associations is hereby added as follows:
602.5 Homeowners Associations. Where the Fuel Modification Zone is to be maintained by a homeowners’ association the following apply:

1. The conditions, covenants and restrictions recorded against all property within the homeowners’ association shall require specifically budgeted funds sufficient to meet the ongoing maintenance obligations of the applicable fuel modification requirements.

2. The Fuel Modification Zone shall be subject to an annual inspection conducted by a representative of the Fire Department in order to assure that the Fuel August 19, 2025
ORD.
17 Modification Zone continues to be maintained in compliance with the applicable fuel modification requirements.

3. Any occupied structure on any lot which adjoins a Fire Hazard Severity Zone shall be constructed in compliance with all requirements of the City’s Building Code and Fire Code (as amended).

SECTION 604.2 Application is amended as follows:

SECTION 604.2 Application. Buildings and structures located in the following areas shall maintain the required hazardous and vegetation fuel management:

1. All unincorporated lands as designated as a State Responsibility Area (SRA).

2. Land designate as a High and/or Very High Fire Hazard Severity Zone by a city or local agency.

3. Land designated in a city or local agency ordinance as a wildland-urban interface (WUI) area.

SECTION 604.3 Requirements is amended as follows:

SECTION 604.3 Requirements. Hazardous vegetation and fuels around all buildings and structures shall be maintained in accordance with the following laws, local requirements, and regulations:

1. Public Resources Code, Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.

3. California Government Code, Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07

5. 200 feet of defensible space from a structure in both the high and very high fire severity zone.
§16.04.110 CHAPTER 56 EXPLOSIVES AND FIREWORKS AMENDMENTS.

SECTION 5609.2 is hereby added as follows:

SECTION 5609.2

ADDITIONAL FIREWORKS REGULATIONS
August 19, 2025
ORD.
18 5609.2 Retail fireworks. The sale, use and display of fireworks 1.4G (commonly referred to as Safe & Sane), and the storage, use, sale, possession and handling of fireworks 1.3G is prohibited.

Exception – Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator as part of a permitted public display. 5609.2.1 Seizure of fireworks. The fire code official shall have the authority to seize, take, and remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of the Code and Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.
5609.2.2 Firing. All fireworks displays must be electrically fired. §16.04.120 CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS AMENDMENTS.

SECTION 5707 ON-DEMAND MOBILE FUELING OPERATIONS is hereby deleted in its entirety.
§16.04.130 APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS

AMENDMENTS
TABLE B105.2 of APPENDIX B FIRE-FLOW REQUIREMENTS FOR BUILDINGS is hereby amended as follows:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE-AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC SPRINKLER
SYSTEM (Design Standard)

MINIMUM FIRE-FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 or Section
903.3.1.2 of the California Fire
Code
50% of the value in Table
B105.1(2) but not less
than 1500
Duration in Table
B105.1(2)
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m §16.04.140 CHAPTER 80 REFERENCED STANDARDS AMENDMENTS
August 19, 2025
ORD.
19 CHAPTER 80 REFERENCED STANDARDS Is adopted in its entirety with the following amendments:

NFPA 13 2025 Edition, Installation of Sprinkler Systems, is hereby amended as follows:

SECTION 16.12.3.3 is hereby amended as follows:

16.12.3.3 Fire department connections (FDC) shall be of an approved type. The FDC shall contain a minimum of two 2 ½” inlets. The location shall be approved and be no more than 100 feet from a public hydrant. The size of piping and the number of inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided.

SECTION 19.2.1.1 is hereby added as follows:

19.2.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction/s in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve “G”. Use is considered undetermined if a specific tenant/occupant is not identified at the time the permit is issued. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy.

NFPA 13R 2025 Edition, Installation of Sprinkler System in Residential Occupancies up to and Including Four Stories in Height, is hereby amended as follows:

SECTION 6.11.2 is hereby amended as follows:

6.11.2 Fire department connections shall consist of at least two 2 ½ inch female couplings.

NFPA 13D 2025 Edition, Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes, is hereby amended as follows:

SECTION 8.3.5.1.1 is hereby added as follows:

August 19, 2025
ORD.
20 8.3.5.1.1 All attics shall be protected with an intermediate temperature quick response sprinkler which shall be located to protect attic penetrations created by the access scuttles or mechanical equipment.

NFPA 14 2024 Edition, Installation of Standpipe and Hose Systems, is hereby amended as follows:

Section 7.9.7 is hereby as added as follows:

7.9.7 The location of the FDC shall be approved and be no more than 100 feet from a public hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red.

NFPA 24 2025 Edition, Installation of Private Fire Service Mains and Their Appurtenances, is hereby amended as follows:

Section 5.9.1.2 is hereby amended as follows:

5.9.1.2 The fire department connection shall be of an approved type and contain a minimum of two 2 ½ inch inlets. The location shall be approved and be no more than 100 feet from a public fire hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red.
§16.04.150 FEES.

A. Fee schedules for any permits, licenses, inspections, plan check or other related work or services provided by the Fire Department in connection with the application of this chapter or the Code adopted hereby (‘fire service fee’) shall be as established by resolution of the City Council as the same may be amended from time to time.

B. Unless otherwise provided by this Code, fire service fees established pursuant to paragraph ‘A’ of this Section are due and payable upon receipt of an invoice therefor from the City. It is a violation of this Section to fail to pay any fire service fee when due. Any fire service fee is delinquent if it remains unpaid thirty (30) days after the date of invoice. Any fire service fee that becomes delinquent shall be subject to the following monetary penalty. Thirty-one (31) days after the date of invoice, a penalty of ten percent (10%) of the fire service fee shall be added, and each month thereafter, an additional penalty of ten percent (10%) of the original fire service fee shall be added, up to a maximum penalty amount not to exceed the original invoiced amount.”
August 19, 2025
ORD.
21 Section 4. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because the Ordinance provides for greater environmental protection by adopting and amending building standards and administrative provisions designed to provide for greater protection from fire-related dangers. Therefore, it is exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3), of the California Code of Regulations (CEQA Guidelines).

Section 5. Penalties. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance or the Codes hereby adopted. Unless a violation is deemed therein to be an infraction, any person, firm, partnership, or corporation violating any provision of this Ordinance or the Codes hereby adopted or failing to comply with any of their requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment.

Alternatively or in addition to the foregoing, violation of this Ordinance or the Codes adopted hereby may be punishable by administrative penalty. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance or the Codes hereby adopted is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance.

Section 6. Civil Remedies Available. The violation of any of the provisions of this Ordinance or the Codes hereby adopted shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances.

Section 7. Severability. The City Council hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance or the Codes hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and works of this Ordinance and the Codes hereby adopted shall remain in full force and effect.

Section 8. This Ordinance shall become operative on the later of thirty (30) days after adoption, or January 1, 2026.

Section 9. The City Clerk shall certify to the adoption of this Ordinance.

APPROVED AND ADOPTED this __ day of September, 2025.
_________________________
Blair Stewart, Mayor
August 19, 2025
ORD.
22 ATTEST: ________________________
Victoria Popescu, City Clerk

I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea, held on the 19th day of August, 2025, and was finally passed at a regular meeting of the City Council of the City of Brea on the __ day of September, 2025, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAINED: COUNCILMEMBERS:

Dated: ______________________________

____________________________________
Victoria Popescu, City Clerk
CITYof  BREA
Communication
August 19, 2025
Item No. 5A.

July 15, 2025 City Council Regular Meeting Minutes

TO PREPARED BY
Honorable Mayor and City Council Members Victoria Popescu, City Clerk

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Kristin Griffith, City Manager Kristin Griffith, City Manager

RECOMMENDATION
Approve.

Attachments
07-15-2025 - Draft Minutes.pdf
** The following document is a draft of the minutes and the not the official approved minutes **
Minutes for the City Council Regular Meeting
1 Civic Center Circle, Brea, California 92821
July 15, 2025
Roll Call: (The following members were in attendance)
Blair Stewart, Mayor
Cecilia Hupp, Mayor Pro Tem
Christine Marick, Council Member
Marty Simonoff, Council Member
Steve Vargas, Council Member

1. STUDY SESSION - EXECUTIVE CONFERENCE ROOM 3RD FLOOR - 6:30 P.M.

1.A. Call to Order/Roll CallMayor Stewart called the Study Session to order at 6:30 p.m. All members were present.

1.B. Public CommentNone.

1.C. Clarify Regular Meeting Topics -
None.

1.D. Commission/Committee AttendanceThis item was pulled from the agenda and not discussed.

1.E. Policy Considerations for Short-Term Rental PropertiesManagement Analyst Magaña presented an overview on short-term rentals, City budget and Council priorities, policy considerations, consideration of staff recommended regulations, consideration of regulations, Transient Occupancy Tax (TOT) revenue projections, the May 16 Orange County Grand Jury Report, and proposed timeline of next steps.

Council discussed current short-term rentals operating in the City, quality of life concerns, length of stay requirements, and enforcement options for short-term rentals operating outside of rules and regulations. They also discussed the potential for a pilot program, the number of permits allocated for short-term rentals, distance requirements and the justification for ineligibility of Accessory Dwelling Units.

In response to Council discussion, Assistant City Manager/Community Development Director Killebrew indicated that precision in the updated ordinance would allow for greater enforcement options for incompliant short-term rentals.

The City Council requested staff return to a future Study Session for further discussion on the item and directed staff to research HOA policies on short-term rentals.

1.F. Council Member Reports/RequestsNone.

1.G. Study Session AdjournmentMayor Stewart adjourned the Study Session at 6:59 p.m.

2. GENERAL SESSION - COUNCIL CHAMBERS PLAZA LEVEL - 7:00 P.M.

2.A. Call to Order/Roll Call
Mayor Stewart called the General Session to order at 7:06 p.m. All members were present.

2.B. Pledge of Allegiance: Boy Scout Troop 707
Boy Scout Troop 707 led the Pledge of Allegiance.

2.C. Invocation: Pastor Julie Valenzuela, The Cause Church Pastor Julie Valenzuela, The Cause Church, led the Invocation.

2.D. Proclamation: Parks Make Life Better Month
Mayor Stewart presented Irene Rifilato, Chair, Parks, Recreation, and Human Services Commission; and Brea Community Services Staff, Senior Lifeguard Instructior Marco Joson, Day Camp Senior Leaders Chase Kittleson and Leia Sanchez, and Sports Senior Leader Nick Tosta with a Proclamation July as Parks Make Life Better Month in the City of Brea.

2.E. Commendation: Brea's Art in Public Places 50th Anniversary Mayor Stewart presented Art in Public Places Advisory Committee Vice Chair Judy Randlett and Member Kris St. Clair and Cultural Arts Commission Chair Beverly Falco, Vice Chair Erika Bernal and Commissioner Linda Shay a Commendation in recognition of the 50th anniversary of the Art in Public Places program.

2.F. Report - Prior Study Session
City Manager Griffith provided a report on the prior Study Session.

2.G. Community Announcements
Council Member Vargas invited the community to Concerts in the Park and noted that the will be held in City Hall Park on Wednesday nights until August 6th with music starting at 6:30 p.m.

Council Member Marick announced that the next featured family film is The Mighty Ducks and will be held on Friday, July 18th at 8:00 p.m. at City Hall Park.

Mayor Stewart announced that the Fall Brea Line Newsletter is now available on the City website.

Mayor Pro Tem Hupp encouraged the community to tune in to the latest Brea Talks podcast episode, Recycling: What Goes Where? which is now available.

Council Member Simonoff announced that Republic Services' drivers are scheduled to recover the debris that was missed last week as picketing has ceased. He also noted that are still anticipated delays and instructed residents to leave their bins out for pickup that may be carried out during the week.

2.H. Matters from the Audience
Alize Calvo spoke about the Big Beautiful Bill and spoke about potential negative impacts to the Brea Olinda Unified School District as a result of the Bill.

William Tai spoke about the Republic Services franchise agreement and encouraged the City to implement more rigorous enforcement mechanisms regarding trash collection disruptions.

2.I. Response to Public Inquiries
Public Works Director Ho responded to public inquiries.

3. ADMINISTRATIVE ITEM

3.A. Update on E-Bike Marketing and Education
Police Lieutenant Harvey provided a presentation and spoke about the background of e-bike usage, the City's e-bike ordinance, and the collaborative education and marketing plan between the City and the Brea Olinda Unified School District. He outlined efforts in public education and marketing, including the "E-Bikes 101" video series, dedicated web pages, e-bike safety courses, e-bike safety tips "one sheet", and presentations to governing boards.

Council discussed e-bike training programs and education classes, permit process, disciplinary process, e-bike registration process, and e-bike inspection.

The City Council received and filed the report.

4. CONSENT CALENDAR
Council Member Vargas spoke about Item 4H, Emergency Ambulance Contract Amendment, Fire Chief Mielke provided a brief explanation of surge protection services, number of surge requests per month, and the process for evaluating service needs.

The City Council further discussed mutual aid and the intent of surge protection and trends in service needs.

Motion was made by Council Member Simonoff and seconded by Mayor Pro Tem Hupp to approve the City Council Consent Items 4A - 4J. Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

4.A. June 17, 2025 Regular City Council Meeting Minutes The City Council approved the June 17, 2025 Regular City Council Meeting Minutes.

4.B. Second Reading Public Possession of Alcoholic Beverages; Public Nudity; Civic and Cultural Center / Downtown Public Plaza Curfew Ordinance
The City Council waived full reading and adopted Ordinance No. 1263, "An Ordinance of the City Council of The City of Brea approving a CEQA exemption determination and amending the Brea City Code to revise regulations for public possession of open alcoholic beverage containers, establish a public nudity ban, and establish a curfew for the Civic and Cultural Center and for Downtown Public Plazas," by title only.

4.C. Approval of Fiscal Year 2025-26 Property Tax Rate to Fund the City's Paramedic Program The City Council adopted Resolution No. 2025-053, establishing the tax rate on taxable property within the City of Brea for the Fiscal Year 2025-26 necessary to maintain a mobile intensive care program, known as paramedics, within the City of Brea and certifying this rate of taxation to the Orange County Auditor-Controller.

4.D. City of Brea Sewer System Management Plan Update 2025 The City Council approved the City of Brea 2025 Sewer System Management Plan Update.

4.E. Approve Amendment No. 1 with Trauma Intervention Programs The City Council accepted an amendment to the current agreement with Trauma Intervention Programs, which allows for up to two additional one-year extensions, each with a fixed 3% annual increase; and authorized the City Manager to execute the amendment and any subsequent extensions.

4.F. Microsoft O365 Annual Licenses Renewal
The City Council authorized the Procurement & Contracts Administrator to issue a Purchase Order for renewing Microsoft O365 licenses in the amount of $108,280.39, through the Microsoft Government Pricing Enterprise Agreement (EA); and authorized the City Manager to approve future renewals until the end of the three year EA agreement, for the remaining cost of $216,560.78.

4.G. Acceptance of Associated Road High Pressure Waterline, CIP No. 7476 The City Council accepted the project as complete and authorized the City Clerk to file and record the Notice of Completion; and authorized the City Clerk to release the Performance Bond upon acceptance of the Warranty Bond and release the Payment Bond upon further notification from the Public Works Department; and accepted the Warranty Bond.

4.H. Emergency Ambulance Contract Amendment
The City Council approved Amendment No. 1 to the Ambulance Services Agreement with Emergency Ambulance Services, Inc. to provide Surge Ambulance Services (Primary) with a not-toexceed contract amount of $80,000.

4.I. Monthly Report of Investments for the City of Brea for Period Ended June 30, 2025 The City Council received and filed the Monthly Report of Investments for the City of Brea for Period Ended June 30, 2025.

4.J. June Outgoing Payment Log and City Disbursement Registers for June 13, 2025 , June 20, 2025, June 27, 2025, and July 3, 2025
The City Council received and filed the June Outgoing Payment Log and City Disbursement Registers for June 13, 2025 , June 20, 2025, June 27, 2025, and July 3, 2025.

5. CITY/SUCCESSOR AGENCY - CONSENT
Motion was made by Council Member Simonoff and seconded by Vice Chair Hupp to approve City/Successor Agency Consent Item 5A. Motion passed 5-0-0-0 (Ayes: Stewart, Hupp, Marick, Simonoff, Vargas).

5.A. Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2025
The City Council, as the Successor Agency, received and filed the Monthly Report of Investments for the Successor Agency to the Brea Redevelopment Agency for Period Ended June 30, 2025.

6. ADMINISTRATIVE ANNOUNCEMENTS

6.A. City Manager
None.

6.B. City Attorney
None.

6.C. Council Requests
None.

7. COUNCIL ANNOUNCEMENTS

7.A. Council Announcements
None.

8. ADJOURNMENT

8.A. Meeting Adjournment
Mayor Stewart adjourned the General Session at 7:54 p.m.

CITYof  BREA
Communication
August 19, 2025
Item No. 5B.

Accept a State of California Cannabis Tax Fund Grant Program (CTFGP) in the Amount of $230,902.82

TO PREPARED BY
Honorable Mayor and City Council Members Christopher Harvey, Police Lieutenant

DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Adam Hawley, Police Chief Kristin Griffith, City Manager

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

1. Adopt a Resolution accepting a State of California Cannabis Tax Fund Grant Program (CTFGP) Award for the education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, in the amount of $230,902.82, for the one-year grant program which begins July 1, 2025 and ends June 30, 2026. This would result in a net increase to the Traffic fleet budget (General Fund) of $9,100 per year.

2. Authorize the Chief of Police to execute the Grant Agreement.

BACKGROUND/DISCUSSION
The Brea Police Department has been awarded a $230,902.82 grant from the State of California’s Cannabis Tax Fund Grant Program (CTFGP) for Fiscal Year 2025–26. The grant performance period is from July 1, 2025, through June 30, 2026. This marks the Department’s fourth consecutive year participating in the CTFGP. The purpose of the grant is to enhance the Department’s impaired driving enforcement, education, and prevention capabilities, particularly in light of Brea’s unique status as a “transit city” and the continued growth of its downtown nightlife.

The grant will fund the following:

Purchase and outfitting of a fully marked and custom-decaled 2025 Ford Interceptor patrol vehicle ($116,301.57) to be used for impaired driving enforcement, outreach, and education.

Twelve (12) six-hour impaired driving saturation patrol shifts, staffed by two (2) officers, scheduled throughout the year during peak enforcement periods.

Educational outreach efforts, including one (1) formal community presentation, three (3) outreach events at city functions (e.g., Taste of Brea, National Night Out), and a six-part impaired driving prevention social media campaign.

Acquisition of two (2) TactiScan drug identification devices to aid field officers in the rapid and safe identification of suspected narcotics, including cannabis products and synthetic opioids.

Officer training and certification, including:

Standardized Field Sobriety Testing (SFST)
Advanced Roadside Impaired Driving Enforcement (ARIDE)
Drug Recognition Expert (DRE) certification and re-certification Attendance at two (2) national impaired driving conferences (registration, airfare, lodging, and per diem), including:

The 2025 IACP Impaired Driving and Traffic Safety Conference (Chicago, IL) The 2026 NHTSA Lifesavers Traffic Safety Conference (Baltimore, MD) Grant management staffing costs, including time allocated to the Department's sworn and non-sworn grant managers and the social media coordinator.

A detailed breakdown of the budget (Personnel, Travel, Equipment, and Other Direct Costs) is included in Schedule B (page 16) of the attached Grant Agreement.

To move forward with implementation, the City Council must adopt a resolution to formally accept the grant, authorize the Chief of Police to execute the Grant Agreement, and allow the Chief to delegate day-to-day management and implementation responsibilities as needed.

COMMISSION/COMMITTEE RECOMMENDATION
This item was reviewed by the Finance Committee at the August 12, 2025, meeting and recommended for approval.

SUMMARY/FISCAL IMPACT
There is no fiscal impact to the General Fund for the purchase and outfitting of the vehicle, overtime expenses, acquisition of the drug scanning equipment, or attendance at training classes and conferences. All expenditures will be reimbursed by the State of California through quarterly invoicing. There are no matching funds or cost-sharing requirements associated with this funding.

This proposal includes the addition of a Ford SUV Interceptor to the Traffic Division's fleet, with an estimated annual cost of $17,000 for repairs, fuel, and replacement. To offset this, one (1) motorcycle will be removed from the fleet, resulting in an annual savings of $7,900. The net increase to the Traffic fleet budget would therefore be $9,100 per year.

Attachments
Resolution
FY25-26 CTFGP Grant Agreement - Brea PD.pdf
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $230,902.82 FROM THE

STATE OF CALIFORNIA, DEPARTMENT OF HIGHWAY PATROL,

CANNABIS TAX FUND GRANT PROGRAM, AND AMENDING THE
FISCAL YEAR 2025-26 ANNUAL BUDGET
A. RECITALS:
(i) The Brea Police Department, on behalf of the City of Brea, is interested in participating in the Cannabis Tax Fund Grant Program, which is made available through the California State Controller’s Office and administered by the California Department of Highway Patrol (CHP) to support project categories in accordance with Title 13, California Code of Regulations, Sections 1890.00 through 1890.27; and (ii) Following the City’s submittal of a proposal for the Program, the State of California CHP approved funding in the amount of $230,902.82 for the one-year grant program beginning July 1, 2025 and ending June 30, 2026; and (iii) Grant funds will be used to fund training in the areas of education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis, educational materials, and related staff time; and (iv) In order to be considered eligible to receive grant funding, the City must submit a completed Grant Agreement and a governing body Resolution providing approval to receive funding.

B. RESOLUTION:

NOW THEREFORE, it is found, determined and resolved by the City Council of the City of Brea to:
(i) Authorize the City Manager or a designated representative to, on behalf of the City, accept grant funding in the amount of $230.902.82 from the State of California, CHP.
(ii) Authorize and direct the City Manager or a designated representative to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant. (iii) Authorize and direct the City Manager or a designated representative to establish all required accounts and make any and all expenditures, appropriations, transfers, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this Resolution. (iv) Certify that grant funds received hereunder shall not be used to supplant ongoing law enforcement expenditures.

APPROVED AND ADOPTED this ___ day of August 2025.

Mayor
ATTEST:

City Clerk
I, Victoria Popescu, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the Council of the City of Brea, held on the ___ day of August 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

Victoria Popescu, City Clerk
State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
23372 ________________________________________________________________

1. GRANT TITLE
FY25/26 CTFGP Law Enforcement - Brea Police Department

2. NAME OF ORGANIZATION/AGENCY
Brea Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2025 To: 06/30/2026

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $230,902.82

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Adam Hawley
Title: Police Chief
Phone: (714) 990-7633
Address: 1 Civic Center Circle
Brea, CA 92821
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS
Name: Monica Lo
Title: Financial Services Manager
Phone: (714) 990-7633
Address: 1 Civic Center Circle
Brea, CA 92821

TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Projectrelated purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

TERMS AND CONDITIONS
C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

TERMS AND CONDITIONS
F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employmentrelated leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California taxexempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

Schedule A
Brea Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.

Project Description
The Brea Police Department has been fortunate to have participated in the Cannabis Tax Fund Grant Program (CTFGP) for the last three fiscal years. During the first year (FY22-23) grant managers focused on securing funding to address a serious deficit in the department’s training budget, which significantly hampered our ability to send officers to impaired driving training courses. With aid from this program, grant managers were able to send a large portion of untrained officers to SFST, ARIDE, and other impaired driving training courses. With the training backlog addressed, during the following two fiscal years (FY23-24 & FY24-25), grant managers prioritized funding prevention campaigns and educational outreach in the community, as well as continued impaired driving training for newly hired officers. Now going into FY25-26, having addressed training and educational needs, grant managers look to build upon the previous years’ work by seeking funding towards impaired driving enforcement efforts. With an approaching reorganization of the department’s Traffic Division, a dedicated DUI/Traffic enforcement position is being implemented to specifically address the concern of directed impaired driving enforcement.

Problem Statement & Proposed Solution

PROBLEM STATEMENT
2022 Statistics
• DUI Collisions: 54
• DUI Arrests: 134
o CVC 23152: 126
o CVC 23153: 8
2023 Statistics
• DUI Collisions: 42
• DUI Arrests: 152
o CVC 23152: 144
o CVC 23153: 8
2024 Statistics
• DUI Collisions: 42
• DUI Arrests: 191
o CVC 23152: 184
o CVC 23153: 7
Transit City Challenges
The City of Brea is located in northern Orange County and acts as a major thoroughfare for the local area consisting of numerous major roadways to include the 57 Freeway, State Route 91 (Imperial Hwy), State Route 142 (Carbon Canyon Rd), and Brea Canyon Rd. From these major Brea roadways, residents and commuters can quickly access cities located in Orange, Los Angeles, and San Bernardino County. To highlight the impact these major roadways have on our city, we can look to the city’s population statistics. The city of Brea is home to approximately 45,000 residents; however, during daytime hours, the total city population increases to over 100,000 individuals within the city limits.

Schedule A
As it pertains to impaired driving data and statistics, the city is categorized as a fairly low-risk city in comparison to surrounding cities such as Fullerton and La Habra (likely due to Brea consisting of significantly fewer establishments which serve alcohol). On face value these factors may be good predictors of a city’s risk for impaired driving; however, looking at Brea’s data more closely reveals a unique challenge. Grant writers heavily researched the police department’s DUI statistics and discovered minute data points which suggest Brea is facing a unique impaired driving problem consistent with its “transit city” status. Of the 477 DUI arrests over the last three years, approximately 80% of them lived outside of the city. Furthermore, in review of these reports, it was found that approximately 70% of them had started driving from a location outside of the city limits and were traveling to a location also outside of the city limits. Lastly, in review of the location data for impaired driving traffic stops, DUI collisions, and reports of drunk drivers, a clear trend emerges which shows the highest concentration of these call types occurring or being reported on major roadways within our city.

This poses a unique aspect to Brea’s impaired driving enforcement efforts which many of our neighboring cities are not facing.

Growing Downtown
Brea Downtown is a 0.25 square mile section of the city which is comprised of a large number of restaurants, bars, a comedy club, and various other entertainment establishments. In this downtown area, there are 19 establishments which currently hold liquor licenses, and that number has been steadily increasing over the last three years. This growth has primarily been in response to community interest in creating a more vibrant nightlight within the downtown area. With this cultural shift to make Brea Downtown more attractive for nightlife activities, it is imperative that the police department prepare itself to address the concern of increased impaired driving activity originating within our city.

Staffing Constraints
As a city that staffs at minimum four line-level patrol officers per night shift, it quickly becomes apparent how inundated our officers get with calls for service, proactive policing, and other enforcement-related duties. As it specifically pertains to night shift, it is not uncommon for all patrol officers to be tied up going call-to-call during the first six hours of their shift. Due to these staffing constraints, it can be difficult for patrol officers to find time during peak impaired driving hours to proactively search for impaired drivers. Additionally, when reckless and impaired driving calls for service are received, it can be difficult for patrol officers to respond in a timely manner to check the area. Often times officers respond too late to the location of the call and the suspected impaired driver is no longer in the area.

Lastly, in speaking with many of our current night shift officers, although most do enjoy spending time searching for and apprehending impaired drivers, they also echoed a common concern of the time and officer requirements which a DUI investigation takes; typically taking two officers out of service for several hours.

Since our shift staffing levels are often on the low end, patrol officers are hypersensitive to being unavailable for extended periods of time. This has led to some officers explaining that they typically won’t start proactively looking for impaired drivers until calls for service slow down (usually much later into the shift). In my inquiry with officers about the impaired drivers that they do apprehend, many officers advised that they are mostly generated either from a call for service during the first half of their shift, or a proactive stop during the second half of their shift.

Conclusion
From the above information a clearer understanding of Brea’s impaired driving concern can be seen, and the following inferences can be made:
• Brea’s impaired driving issue is a combination of a growing downtown/nightlife scene, as well as impaired drivers traveling through the city limits from neighboring cities. • Being considered a transit city consisting of numerous major thoroughfares, Brea likely experiences a higher number of impaired drivers traveling through the city throughout the night in comparison to other surrounding cities.
• Current staffing levels and evening call volumes have significantly limited night shift officers from having the ability to proactively patrol for impaired drivers during peak hours.

Schedule A

PROPOSED SOLUTION
Resource Allocation
To combat the unique impaired driving challenges that Brea is facing, command staff and grant writers have agreed that a dedicated impaired driving enforcement position within the Traffic Division would greatly improve the department’s ability to detect, investigate, and apprehend impaired drivers. The primary benefit to a dedicated DUI/Traffic Enforcement Officer (DTEO) is the direct enforcement approach the department can then take to curb impaired driving throughout the city. Utilizing a data-driven schedule in order to target peak impaired driving time periods, a DTEO on shift would greatly supplement patrol officers and likely allow for a higher detection/apprehension rate of impaired drivers. Through this grant funding opportunity, the Brea Police Department looks to acquire funding for equipment and training opportunities for this position in order for the assigned officer to best conduct impaired driving enforcement, prevention, and education outreach.

Addressing Staffing Concerns
Having a dedicated DTEO position within the Traffic Division would greatly alleviate most (if not all) of the night shift impaired driving staffing concerns. During peak call volume hours early in the evening, while patrol officers respond to generic calls for service, the DTEO can focus his/her efforts on proactive impaired driving enforcement instead of getting tied up on calls. During this time, the DTEO can also quickly respond to impaired driving-related calls for service (such as reckless drivers or collisions) and investigate them more thoroughly. As an ancillary benefit, the presence of a DTEO on shift would additionally free up patrol officers to better be able to prioritize other emergency calls for service. This proactive approach is the most progressive and modern solution which many law enforcement agencies are finding success in utilizing to effectively combat impaired driving.

Rapid Exposure
An additional benefit that a DTEO position would offer a young department such as ours is the rapid exposure (and expertise) to impaired driving enforcement education and experience. Over the course of even just a year, a DTEO would likely detect and investigate a much greater number of suspected impaired driving incidents than any other officer in the department. This greater level of exposure would afford the DTEO rapid hands-on experience from which to build his/her expertise on. Additionally, with funding from this grant opportunity, the DTEO can further hone his/her knowledge, skills, and abilities through attendance to numerous advanced-level training courses such as DRE and impaired driving conference workshops. With a dedicated position requiring the officer to learn and focus solely on the complexity and nuances of impaired driving investigations, the position itself would inherently accelerate that officer to an expert-level understanding of this discipline.

Parameters of the Position
This full-time position will replace a current traffic officer position within the Traffic Division. Additionally, as dictated in the grant bylaws, this project will not be seeking full-time salary reimbursement for this position.

The schedule for this assignment will be data-driven, scheduling the DTEO during peak dates/times for impaired driving enforcement to maximize the assignment's impact. The primary role of this position is to conduct proactive impaired driving enforcement and respond to impaired driving-related/traffic calls for service. In rare occasions, the DTEO may supplement patrol officers in response to emergency calls for service; however, this practice will be limited so as to maximize the DTEO’s ability to conduct proactive enforcement.

As it pertains to the selection process for the position, applying officers will be required to meet specific minimum requirements to include the following: minimum two years of service as a Brea Police Officer, be in good standing, and completion of both SFST and ARIDE training. Once selected, if the officer is not currently a Drug Recognition Expert, he/she will be expected to attend and complete all necessary training to acquire that title. During the course of his/her assignment, the DTEO will be expected to attend impaired driving training conferences and other advance impaired driving training courses. Lastly, the DTEO will be expected to participate in impaired driving educational outreach events and coordinate in-house impaired driving training for patrol officers.

Schedule A
Vehicle Acquisition
In development of this endeavor, project managers have taken steps to strategically plan for the needs of this position. Project managers have requested the following equipment be sought through this grant opportunity:
• 2025 Ford Interceptor Patrol Vehicle ($60,692.01)
• Ballistic door-equipped
• Ecoboost engine
• Vehicle Equipment Outfitting ($55,609.56)
• Emergency lights/siren
• Prisoner transportation cage
• Custom impaired driving enforcement decaling
• Push bumper
• Rifle rack
• Trunk storage organizer
• Installation service cost
• Vehicle radio system
• Computer dock/holder
• Camera system
• Modems and printer
• Installation service cost
• Total (including tax) = $116,301.57
Project managers have obtained the cost of these expenses through review of recent previously-purchased and outfitted marked police vehicles within our patrol fleet. In accordance with the permissible cost guidelines of this grant opportunity, the vehicle equipment purchase being sought only includes vehicle outfitting which is the standard equipment similar to the rest of the department’s marked vehicle fleet.

The acquisition and use of a dedicated enforcement vehicle for this position is a critical and multi-faceted component of this project. From an enforcement aspect, a specific vehicle dedicated to this position will ensure that the officer will remain available and serviceable regardless of the status of the rest of the marked vehicle fleet. With the dynamic nature of police work, the availability of patrol vehicles within the fleet often fluctuates and can at times lead to a deficiency (requiring officers to ride together or use alternative vehicles).

Additionally, with a dedicated vehicle, the assigned officer will be able to leave it equipped with all the necessary tools needed to conduct impaired driving enforcement. This will better position the DTEO to respond to impaired driving enforcement calls for service in a timely manner and conduct their investigation with all the tools they would need readily at their disposal. From an educational/preventative aspect, the marked police vehicle will be decaled with additional custom impaired driving enforcement badging and messaging. The goal of this custom decaling is to specifically identify it as used for impaired driving enforcement. This alone will act as a preventative measure, as the community will regularly see this vehicle throughout the city and know that impaired driving enforcement is regularly being conducted. Additionally, grant writers intend on heavily utilizing the vehicle at educational outreach events to promote impaired driving prevention efforts.

Enforcement Equipment Acquisition
With the implementation of a dedicated impaired driving enforcement position, project managers look to equip the officer with tools to aid in their detection and enforcement of impaired drivers. Given the nature of their targeted enforcement actions, it is anticipated that the DTEO will likely come into contact more frequently with various types of drugs (both legal and illicit). With the new exposure risks that drugs like Fentanyl pose to Officer safety, it has become a challenge these days to examine and identify most narcotics in a safe manner.

Additionally, as it pertains specifically to cannabis products, since their legalization, there has been a growing number of cannabis forms and methods of ingestion. With the introduction of cannabis concentrates (which include hash oil, resin, wax, and many other forms) Officers have seen an increase in DUID drivers being in possession of these non-traditional forms of cannabis. This has caused a challenge to Officers during their investigations when trying to detect and identify cannabis products.

Schedule A
Project managers have researched solutions to address this concern and found a cost-effective tool that an Officer can utilize in the field during DUID investigations to better help the officer identify the presence of drugs. The TactiScan drug scanner is a hand-held device that can be used to identify Fentanyl, cannabis, and synthetic cannabinoids (THC & CBD), along with other illicit narcotics like cocaine, methamphetamine, heroin, and ecstasy. TactiScan uses a wide beam NIR-spectrometer (laser) to scan substances through plastic bags, providing officers with fast, real-time analysis, saving them from having to open packages, which minimizes their exposure to potentially harmful substances. The TactiScan will allow officers to better detect and investigate DUID drivers by quickly identifying the substances in a safe, accurate, and efficient manner.

In incidents regarding uncooperative or injured suspected DUID drivers where an unknown substance is located, the TactiScan can be utilized by Officers at the scene of the investigation to safely identify the illicit substance. In these types of situations, the ability to quickly identify illicit substances provides substantial information to the investigating officer, all prior to beginning field sobriety tests on the suspected impaired driver. In routine use by the DTEO, the TactiScan will provide the officer with immediate identification of illicit substances in a safe manner during a time-sensitive DUID investigation.

Lastly, the equipment gives the DTEO the ability to collect incriminating evidence at the scene which otherwise could be missed. When it comes to serious injury DUI/DUID collisions, Officers are often times left with limited investigative options (inability to perform interviews or SFSTs due to injuries, large complex collision scenes which make it difficult to locate evidence, or the inability to collect specific evidence due to a lack of proper tools). The TactiScan has a track record with other law enforcement agencies as a positive tool which has made a positive impact in real-world investigative cases. As it pertains to DUI/DUID investigations, some of these cases include the identification of illicit drug use from scanned substances located inside of crashed vehicles and from substances located on the clothing of uncooperative drivers which were later confirmed through chemical testing to have been impaired. The Brea Police Department intends to leverage this technology during the investigation of DUID-suspected incidents (both at traffic stops and collision scenes) in order to better detect, investigate, and apprehend impaired drivers on our roadways and reduce the number of DUI-related collisions while increasing our DUI-related apprehensions.

Performance Measures/Scope of Work

ADMINISTRATIVE GOALS
• Through the use of the DTEO position, increase detection and apprehension rates of impaired drivers traveling through the city by 10% from the previous year. This is expected to be achieved at the conclusion of the grant cycle/Q4.
• Reduce the total number of impaired driving-related traffic collisions (non-injury, injury, and fatal) within the city through enforcement and education efforts by 10% from the previous year. This is expected to be achieved at the conclusion of the grant cycle/Q4. • Ensure all newly hired police officers during the FY25-26 cycle attend SFST and ARIDE training during the first year of their employment. This will be an ancillary duty of the DTEO to ensure newly hired officers are scheduled to attend these trainings. This goal will be completed as newly hired officers are released from their field training program.

ACTIVITY GOALS
• Conduct twelve (12) six-hour impaired driving saturation details. These operations should be scheduled during peak impaired driving dates/times, approximately once a month. These operations will staff two police officers (one of which being the DTEO) to allow for complete autonomy outside of patrol (a DUI investigation requires at minimum two officers). The goal of these operations should be to conduct high-visibly impaired driving enforcement in and around high-risk areas during peak time periods. This goal will be completed at the end of the grant cycle once all operations have been completed.
• Conduct a social media campaign during the grant cycle through the police department's social media accounts to promote awareness of the dangers of impaired driving. It is projected that impaired driving social media content will be created and posted six (6) times over the course of the grant (approximately one post every two months). The DTEO will be expected to assist our social media coordinator in completing this social media campaign. This goal will be completed at the end of the grant cycle once all operations have been completed.

Schedule A
• Conduct one (1) educational presentation about impaired driving facilitating education, discussions, and demonstrations related to impaired driving. It is projected that the presentation will be conducted during the second fiscal quarter (Citizen's Academy presentation). The DTEO will be expected to coordinate and participate in these activities.
• Conduct three (3) impaired driving educational outreach operations during several annual city events.

During these city events, officers will staff a booth dedicated to spreading awareness of the dangers of impaired driving by facilitated discussions, teaching aids and demonstrations, and handing out of printed material as well as promotional items. It is projected that two outreach operations (National Night Out & BreaFest) will be conducted during the first fiscal quarter and one operation (Taste of Brea) will be conducted during the fourth fiscal quarter. The DTEO will be expected to coordinate and participate in these activities.

EQUIPMENT ACQUISITION
• Purchase, outfit, and deploy a marked custom-decaled Ford Interceptor police vehicle to be specifically assigned to the DTEO position for the purposes of impaired driving enforcement, outreach, and prevention. This goal will be sought ASAP upon implementation of the grant and expected to be completed by the first or second fiscal quarter. • Purchase two (2) Tactisan drug identification devices to be utilized by the DTEO and other field officers in the safe detection and investigation of DUID enforcement action. This goal is expected to be completed by the first fiscal quarter.

TRAINING OBJECTIVES
• Send five (5) sworn Brea Police Officers to the POST-certified Standardized Field Sobriety Test (SFST) training course during the 2025-2026 fiscal year. It is projected that two officers will attend this training course each fiscal quarter until this goal is completed. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.
• Send five (5) sworn Brea Police Officers to the POST-certified Advanced Roadside Impaired Driving Enforcement (ARIDE) training course during the 2025-2026 fiscal year. It is projected that two officers will attend this training course each fiscal quarter until this goal is completed. • Send two (2) sworn Brea Police Officer to the POST-certified Drug Recognition Expert (DRE) training course, and ensure the completion of the certification process, during the 2025-2026 fiscal year. It is projected that the officers will attend this training course during the first fiscal quarter. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.
• Send two (2) sworn Brea Police Officer, who is a certified Drug Recognition Expert, to the POSTcertified Drug Recognition Expert Recertification training course during the 2025-2026 fiscal year. It is projected that the officers will attend this training course during the second fiscal quarter. The goal of this impaired driving training is to ensure that current DRE officers are maintain their knowledge/proficiency in order to detect, investigate, and apprehend impaired drivers on our roadways and reduce the number of DUI-related collisions while increasing our DUI-related apprehensions.
• Send five (5) sworn Brea Police DRE/Police Officers (to include the DTEO) to the 2025 International Association of Chiefs of Police (IACP) Impaired Driving and Traffic Safety Conference (August 4-6, 2025) in Chicago, IL. This goal is expected to be completed during Q1. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

Schedule A
• Send six (6) sworn Brea Police DRE/Police Officers (to include the DTEO) to the 2026 National Highway Traffic Safety Administration (NHTSA) Lifesavers Traffic Safety Conference (April 19-21, 2026) in Baltimore, MD. This goal is expected to be completed during Q4. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

Project Performance Evaluation
The Brea Police Department utilizes Motorola's Spillman FLEX program as its public safety CAD system and data logging solution. With the assistance of the department's Crime Analyst, the DTEO will coordinate, monitor, and report detailed data collection for this specific grant project. This data will be tracked and reported on a quarterly basis to measure the progress and effectiveness of this project. Data collected will include:

TRAINING STATISTICS
• Number of police officers who have completed the SFST training course. • Number of police officers who have completed the ARIDE training course. • Number of police officers who have completed the DRE training course. • Number of police officers who have completed the DRE field certification training course. • Number of police officers who have completed the DRE recertification training course.

OUTREACH STATISTICS
• Number of impaired driving presentations conducted.
• Number of impaired driving social media posts.
• Social media statistics pertaining to each social media post for this grant. • Attendance count for each impaired driving presentation given. • Participation count for public outreach operations at city events. • Voluntary feedback collected at every event and presentation.

ENFORCEMENT STATISTICS
• DTEO-specific statistics (car stops/calls for service/arrests/etc.). • Number of impaired driving arrests.
• Number of impaired driving-related traffic collisions. • Number of reported impaired drivers/reckless drivers.

Each quarter report will include a summary of the achievements met, as well as the obstacles and challenges (if any) faced during the implementation of the grant. The fourth quarter report will include an "end of project" evaluation in which the project's overall effectiveness will be assessed. This will be achieved by comparing the total statistical data for the duration of this project to similar data from previous years.

Program Sustainability
The method in which project managers are pursuing the DTEO program makes it an ideal candidate for grant funding and future sustainability. Because this DTEO position will be replacing an existing motorcycle officer position (which has been vacant for over six years), the regular salary of the position is already accounted for in the police department budget. This ensures that the position’s salary can be fully funded throughout the course of the grant cycle, and beyond.

The major hurdle project managers currently face with the implementation of the DTEO program is funding for the initial upfront equipment start-up cost of an enforcement vehicle and supplemental equipment. However, after the initial upfront purchase of the equipment, the running cost for maintenance is much more easily managed by the department budget in future fiscal years (as those expenses are anticipated and significantly less than the upfront cost). For these reasons, the Brea Police Department does not anticipate the need for future state funding to support this specific project.

Schedule A
Administrative Support
The Brea Police Department command staff fully support this grant being sought, and wish to increase the department’s effectiveness in detecting, apprehending, and prosecuting impaired driving-related crimes. The command and administrative staff, as well as the Traffic Division, are very familiar with grant fund opportunities and the grant process. The Brea Police Department has successfully implemented and completed numerous State and Federal grant opportunities to include:
• Office of Traffic Safety: Selective Traffic Enforcement Program (STEP) • State of California: Tobacco Grant Program
• FEMA Homeland Security: Urban Areas Security Initiative Grant Program • American Police Association: Explorer Academy Grant
• BSCC: Organized Retail Theft Prevention Grant Program • BSCC: Officer Wellness and Mental Health Grant Program • DOJ: COPS Law Enforcement Mental Health and Wellness Act (LEMHWA) Program

GRANT MANAGERS
Police Officer - Ryan Klug
Officer Klug will have the day-to-day responsibility of managing the grant. Officer Klug is an experienced grant writer and grant manager and has previous experience specifically managing the CTFGP grant for the past three years. Officer Klug will work diligently with the DTEO to keep detailed records and necessary documentation related to this grant and all other traffic related expenditures conducted by the Brea Police Department. He will be responsive to any inquiry or issue that arises during the grant cycle and will be quick to respond to any inquiries or questions that come from the CTFGP administrators. He will also ensure that grant reports and applications are submitted in a timely manner.

Management Analyst – Rebecca Hart
Analyst Hart was appointed as Brea Police Department Management Analyst in February of 2024. Analyst Hart’s duties include management of the department training, budget, contracts, grants, and financial reporting for various projects. Mrs. Hart will work closely with Officer Klug on the successful and timely financial management of the CTFGP grant. She is consistently dependable and accurate, has a bachelor's degree in English and brings over 7 years of experience working in administrative roles with the City of Brea and has managed the financial aspects of the CTFGP grant (as well as other grants) since 2024.

Schedule B
Detailed Budget Estimate
Award Number Organization/Agency Total Amount
23372 Brea Police Department $230,902.82
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
2025 IACP Conference (Registration Fees) $4,000.00
2026 NHTSA Conference (Registration
Fees) $4,350.00
Taste of Brea Booth Fee $350.00
DUI/DUID Vehicle – Outfitting $57,786.78
Category Sub-Total $66,486.78
Personnel
DUI Saturation Patrol $15,393.29
SFST Training – Attend $12,827.74
ARIDE Training - Attend $8,551.83
DRE Training - Attend $11,050.72
DRE Field Certification – Attend $5,131.10
DRE Recertification – Attend $1,710.37
Nonsworn Grant Manager $1,089.19
Sworn Grant Manager $2,565.55
Education/Outreach $6,413.88
Social Media Coordinator $1,562.65
Category Sub-Total $66,296.32
Travel
IACP - Attend Travel $10,435.00
NHTSA - Attend Travel $10,873.00
Category Sub-Total $21,308.00
Equipment
DUI/DUID Vehicle $62,869.22
TactiScan Drug Scanner $13,942.50
Category Sub-Total $76,811.72
Grant Total $230,902.82

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
2025 IACP Conference (Registration Fees)
$4,000.00
Registration cost for non-IACP members is $800.00 x 5 officers = $4,000.00 JUSTIFICATION:

The International Association of Chiefs of Police (IACP) Impaired Driving and Traffic Safety Conference provides law enforcement professionals with a forum in which to share information, countermeasures, and best practices for reducing impaired driving. The Brea Police Department has attended this conference in the past and it has proven to be beneficial in the development of the department’s SFST/DRE program and senior officers. This conference is a three-day event which is scheduled to be hosted in Chicago, IL from August 4, 2025 to August 6, 2025. The conference hosts workshops on numerous impaired driving-related topics such as SFST changes in physiologic function, Daubert and Frye standard considerations, court room testimony as an expert witness, and much more. As it pertains to impaired driving enforcement, this conference would be a vital asset to the implementation of the Brea Police Department’s DTEO program. In order to train officers in the most effective and current investigative methodologies, current DRE-certified officers and senior officers must possess the diverse education and training background in the complex field of impaired driving enforcement. With the primary focus of this conference being around impaired driving detection, investigation, and enforcement, the topics being discussed and educators attending the event would prove to be extremely beneficial in the development of the department’s DTEO program.

This goal is expected to be completed during Q1 and its purpose is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

2026 NHTSA Conference (Registration Fees)
$4,350.00
Registration: $3,625.00 Registration cost for attendees is $725.00 x 5 officers = $3,625.00.

REDISTRIBUTED FUNDING FROM MODIFICATION TO ADD A SIXTH OFFICER ATTENDANCE: $725.00 JUSTIFICATION:

The National Highway Traffic Safety Administration (NHTSA) Lifesavers Traffic Safety Conference is recognized as the premiere conference to learn about the latest traffic safety research, cutting-edge initiatives, and explore innovative technologies and strategies used to combat risky and impaired driving. Whereas the IACP Impaired Driving and Traffic Safety Conference emphasizes the detection, enforcement, and law enforcement aspect of impaired driving prevention, this conference brings together traffic safety professionals from both inside and outside of law enforcement to offer a more diverse spectrum of solutions. As we continue to address the issue of impaired driving within our communities, a large part of the solution requires the involvement of non-law enforcement entities as well, such as traffic engineers, city planners, youth outreach programs, and many more. From my personal experience, department research, as well as speaking with officials who have attended this conference in the past, it appears to be a perfect platform to develop these kinds of nontraditional solutions towards curbing impaired driving.

This conference is a three-day event which is scheduled to be hosted in Baltimore, MD from April 19, 2026 to April 21, 2026. The conference hosts workshops on numerous impaired driving-related topics such as methodologies to reduce recidivism, adult and youth DUI deterrence, impaired driving campaigning strategies, and addressing the rise in marijuana DUID, to name a few. In my opinion, as it pertains to impaired driving enforcement, this conference offers a different perspective and focus on addressing the issue when compared to the IACP Impaired Driving and Traffic Safety Conference. Our goal in attendance to this conference is to educate our future leaders so that we can lay the groundwork for the development of a Brea Police Department specific impaired driving prevention program.

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

For example, the Brea Police Department and Brea Olinda High School have not hosted Every 15 Minutes Program in many years. This has been in part due to a lack of knowledge, coordination, and planning from both the police department and the high school. The issue has now compounded, as current school administrators and police personnel are no longer familiar with the requirements of hosting Every 15 Minutes Program. That is where this conference would be an excellent platform from which to learn what the best strategies and practices are when hosting such a program. This goal is expected to be completed during Q1 and its purpose is to to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

Taste of Brea Booth Fee
$350.00
The Taste of Brea event charges a reduced booth fee to city entities who wish to have a booth at the event. Based on previous year fees, grant managers are requesting funding of $350 to cover the booth fee for the department's impaired driving educational outreach at this event. The goal of this activity is to expose the general public to real-world applications of impaired driving enforcement and educate them on the dangers of impaired driving in order to reduce the number of DUI-related collisions.

DUI/DUID Vehicle – Outfitting
$57,786.78
***SEE ATTACHED ITEMIZED QUOTE FOR MORE DETAILED BREAKDOWN*** FRONT END EQUIPMENT ($6,043.48): push bumper, emergency lights, siren, weapon mount, labor SIDE EQUIPMENT ($3,014.20): emergency lights, spotlights, labor ROOF EQUIPMENT ($3,947.78): emergency lights and light bar, antennas, labor
DRIVER’S COMPARTMENT EQUIPMENT ($5,222.46): center console and face plates, partition mounting kit, speakers and lighting, labor
PRISONER COMPARTMENT EQUIPMENT ($2,930.60): prisoner cage and safety restraints, labor BACK END EQUIPMENT ($6,511.73): trunk storage, electronics locking storage, emergency lighting electronics, emergency lighting, labor
INSTALL MATERIALS/SHIPPING: $805.00 TAX: $1,523.01
VEHICLE EQUIPMENT TOTAL: $29,998.26
POLICE VEHICLE RADIOS ($15,801.17): primary police vehicle radio, emergency channel police vehicle radio, install/labor, tax
POLICE VEHICLE LAPTOP EQUIPMENT ($2,434.00): laptop dock, cabling, router, antenna, tax POLICE VEHICLE DASHCAM EQUIPMENT ($7,376.13): camera mounts, dock, dash camera, tax REDISTRIBUTED FUNDING FROM MODIFICATION: $2,177.22 VEHICLE OUTFITTING GRAND TOTAL:
$57,786.78.

JUSTIFICATION:

Project managers have obtained the cost of these expenses through review of recent previously purchased and outfitted marked police vehicles within our patrol fleet. In accordance with the permissible cost guidelines of this grant opportunity, the vehicle equipment purchase being sought only includes vehicle outfitting which is the standard equipment similar to the rest of the department’s marked vehicle fleet. The acquisition and use of a dedicated enforcement vehicle for this position is a critical and multi-faceted component of this project. From an enforcement aspect, a specific vehicle dedicated to this position will ensure that the officer will remain available and serviceable regardless of the status of the rest of the marked vehicle fleet. With the dynamic nature of police work, the availability of patrol vehicles within the fleet often fluctuates and can at times lead to a deficiency (requiring officers to ride together or use alternative vehicles). Additionally, with a dedicated vehicle, the assigned officer will be able to leave it equipped with all the necessary tools needed to conduct impaired driving enforcement. This will better position the DTEO to respond to impaired driving enforcement calls for service in a timely manner and conduct their investigation with all the tools they would need readily at their disposal. From an

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

educational/preventative aspect, the marked police vehicle will be decaled with additional custom impaired driving enforcement badging and messaging. The goal of this custom decaling is to specifically identify it as used for impaired driving enforcement. This alone will act as a preventative measure, as the community will regularly see this vehicle throughout the city and know that impaired driving enforcement is regularly being conducted. Additionally, grant writers intend on heavily utilizing the vehicle at educational outreach events to promote impaired driving prevention efforts. Purchase, outfit, and deploy a marked custom-decaled Ford Interceptor police vehicle to be specifically assigned to the DTEO position for the purposes of impaired driving enforcement, outreach, and prevention. This goal will be sought ASAP upon implementation of the grant and expected to be completed by the first or second fiscal quarter.

Personnel
DUI Saturation Patrol
$15,393.29
Amount calculated for two police officers at $105.37 (overtime rate) per hour to work twelve six-hour DUI Saturation Patrol shifts. 2 officers x 12 shifts x 6 hours x $105.37 (overtime rate) = $15,173.28 x Medicare (1.45%) = $15,393.29
JUSTIFICATION:

These operations should be scheduled during peak impaired driving dates/times, approximately once a month.

These operations will staff two police officers (one of which being the DTEO) to allow for complete autonomy outside of patrol (a DUI investigation requires at minimum two officers). The goal of these operations should be to conduct high-visibly impaired driving enforcement in and around high-risk areas during peak time periods. This goal will be completed at the end of the grant cycle once all operations have been completed.

SFST Training – Attend
$12,827.74
Amount calculated for 5 police officers at $105.37 (overtime rate) per hour to attend the 24-hour SFST training course. 5 officers x 24-hour training course x $105.37 (overtime rate) = $12,644.40 x Medicare (1.45%) = $12,827.74
JUSTIFICATION:

The SFST training course is by far the single most beneficial training course a new officer can attend. The knowledge and experience each student will walk away with from this 3-day training course is crucial for conducting any sort of impaired driving enforcement. Because of this, the Brea Police Department makes it a priority to send new officers to both SFST and ARIDE training courses as soon as possible. It is projected that two officers will attend this training course each fiscal quarter until this goal is completed. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions Due to the unknown schedules for the attending officers and the unknown hosted training course dates at the time of this application, officer overtime rates are being sought to cover the cost of officers attending this training course.

However, due to conflicts with officer schedules/staffing/coverage and the availability of local training courses, attending officers may be scheduled to attend these training courses outside of their scheduled working days, during their normal working days, or a combination of both. Effort will be made to have officers attend these training courses during their non-working days, but this is not always feasible. In the event that an officer's attendance to a training course falls on all or part of their regular working days, their regular rate will be sought for that specific period of attendance out of this line item. Their overtime rate will be sought in all other periods of attendance outside of their normal scheduled working days.

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

ARIDE Training - Attend
$8,551.83
Amount calculated for 5 police officers at $105.37 (overtime rate) per hour to attend the 16-hour ARIDE training course. 5 officers x 16 hour training course x $105.37 (overtime rate) = $8,429.60 x Medicare (1.45%) = $8,551.83 JUSTIFICATION:

The ARIDE training course is designed to build upon the training that is learned during the SFST training course, placing a more specific emphasis on drug impairment. The two-day ARIDE course is meant to arm the students with knowledge to better detect drug impairment and is intended to “bridge the gap” between SFST and DRE training.

Because of this, the Brea Police Department makes it a priority to send new officers to both SFST and ARIDE training courses as soon as possible. It is projected that two officers will attend this training course each fiscal quarter until this goal is completed. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions Due to the unknown schedules for the attending officers and the unknown hosted training course dates at the time of this application, officer overtime rates are being sought to cover the cost of officers attending this training course. However, due to conflicts with officer schedules/staffing/coverage and the availability of local training courses, attending officers may be scheduled to attend these training courses outside of their scheduled working days, during their normal working days, or a combination of both. Effort will be made to have officers attend these training courses during their non-working days, but this is not always feasible. In the event that an officer's attendance to a training course falls on all or part of their regular working days, their regular rate will be sought for that specific period of attendance out of this line item. Their overtime rate will be sought in all other periods of attendance outside of their normal scheduled working days.

DRE Training - Attend
$11,050.72
Amount calculated for 2 police officer at $70.25 (regular rate) per hour to attend the 72-hour DRE training course. 2 officer x 72-hour training course x $70.25 (regular rate) = $10,116.00 x city benefit rate (9.24%) = $11,050.72. It should be noted that this training will be attended during the officer's regular working hours (not overtime) JUSTIFICATION:

The DRE training course is an advanced-level and length training designed to certify officers as experts in the field of drug recognition. The two-week DRE course rigorously trains and tests officers on a multitude of disciplines within both a classroom and practical environment. After completion, officers are required to conduct "field certifications" in which they are tested and evaluated in the application of what they just learned. It is projected that the officers will attend this training course during the first fiscal quarter. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

DRE Field Certification – Attend
$5,131.10
Amount calculated for 2 police officer at $105.37 (overtime rate) per hour to attend the 24-hour DRE field certifications on overtime. 2 officers x 24-hour training course x $105.37 (overtime rate) = $5,057.76 x Medicare (1.45%) = $5,131.10.

JUSTIFICATION:

The DRE training course is an advanced-level and length training designed to certify officers as experts in the field of drug recognition. The two-week DRE course rigorously trains and tests officers on a multitude of disciplines within both a classroom and practical environment. After completion, officers are required to conduct "field certifications" in which they are tested and evaluated in the application of what they just learned. It is projected that the officers will attend this training course during the first fiscal quarter. The goal of this impaired driving training is to ensure that our officers are better equipped to detect, investigate, and apprehend impaired drivers on our roadways in order to reduce the number of DUI-related collisions and increase our DUI-related apprehensions.

DRE Recertification – Attend
$1,710.37
Amount calculated for 2 police officer at $105.37 (overtime rate) per hour to attend the 8-hour DRE Recertification training course. 2 officer x 8 hour training course x $105.37 (overtime ate) = $1,685.92 x Medicare (1.45%) = $1,710.37
JUSTIFICATION:

The DRE Recertification training course is an advanced-level training designed for current DRE's to recertify them as experts in the field of drug recognition. The one-day training course reviews pertinent material and provides updates to material that has changed. It is projected that the officers will attend this training course during the second fiscal quarter. The goal of this impaired driving training is to ensure that current DRE officers are maintain their knowledge/proficiency in order to detect, investigate, and apprehend impaired drivers on our roadways and reduce the number of DUI-related collisions while increasing our DUI-related apprehensions Due to the unknown schedules for the attending officers and the unknown hosted training course dates at the time of this application, officer overtime rates are being sought to cover the cost of officers attending this training course. However, due to conflicts with officer schedules/staffing/coverage and the availability of local training courses, attending officers may be scheduled to attend these training courses outside of their scheduled working days, during their normal working days, or a combination of both. Effort will be made to have officers attend these training courses during their non-working days, but this is not always feasible. In the event that an officer's attendance to a training course falls on all or part of their regular working days, their regular rate will be sought for that specific period of attendance out of this line item. Their overtime rate will be sought in all other periods of attendance outside of their normal scheduled working days.

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Nonsworn Grant Manager
$1,089.19
Amount calculated to fund the nonsworn Grant Manager's time related to grant operations, management, and quarterly reporting. This activity will be conducted during their normal working hours. $42.79 (regular rate) x 24 hours (for entire grant cycle) = $1,026.96 x city benefit rate (6.06%) = $1,089.19. The role of the Nonsworn Grant Manager is to manage and report on the financial and administrative data as it relates to the grant. The Sworn Grant Manager is unable to access this data and information, so these responsibilities are delegated to the Nonsworn Grant Manager. The goal of this activity is to ensure specific time is set aside for the Nonsworn Grant Manager to work solely on reporting requirements throughout the fiscal year. It is projected that the Nonsworn Grant Manager will be allotted six hours per quarter to complete quarterly reporting. This allotted time was calculated as the average amount of time our grant managers have utilized in previous reporting periods. The purpose of setting aside specific time for grant reporting purposes is to ensure the proper management and completion of grant goals and requirements.

NOTE: To ensure supplanting does not occur, CTFGP reimbursement for this position is only for overtime hours used in administration of this grant.

Sworn Grant Manager
$2,565.55
Amount calculated to fund the sworn Grant Manager's time related to grant operations, management, and quarterly reporting. $105.37 (overtime rate) x 24 hours (for entire grant cycle) = $2,528.88 x Medicare (1.45%) = $2,565.55.

The role of the Sworn Grant Manager is to manage and report on the performance and achievement data as it relates to the grant. The Nonsworn Grant Manager is minimally involved in the fieldwork and implementation of the grant and, therefore, these responsibilities are delegated to the Sworn Grant Manager. The goal of this activity is to ensure specific time is set aside for the Sworn Grant Manager to work solely on reporting requirements throughout the fiscal year. It is projected that the Sworn Grant Manager will be allotted six hours per quarter to complete quarterly reporting. This allotted time was calculated as the average amount of time our grant managers have utilized in previous reporting periods. The purpose of setting aside specific time for grant reporting purposes is to ensure the proper management and completion of grant goals and requirements.

NOTE: To ensure supplanting does not occur, CTFGP reimbursement for this position is only for overtime hours used in administration of this grant.

Social Media Coordinator
$1,562.65
Amount calculated to fund the department's Social Media Coordinator's time related to grant operations, educational outreach, and drafting of social media content. This activity will be conducted outside of their normal working hours. $64.18 (overtime rate) x 24 hours (for entire grant cycle) = $1,540.32 x Medicare (1.45%) = $1,562.65. The goal of this activity is to ensure specific time is set aside for the Social Media Coordinator to work solely on collecting content, editing/drafting content, and posting social media content to department platforms. It is projected that the Social Media Coordinator will be allotted six hours per quarter to complete this activity (averaging one social media content post every two months). This allotted time was calculated as the average amount of time our Social Media Coordinator has been utilized in previous social media campaigns. The purpose of setting aside specific time for the Social Media Coordinator is to ensure the completion of the social media campaign goal.

Schedule B-1
Budget Narrative
Brea Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Education/Outreach
$6,413.88
CITIZEN'S ACADEMY IMPAIRED DRIVING PRESENTATION (OVERTIME + BENEFITS) Amount calculated for 6 police officers at $105.37 (overtime rate) per hour to host and conduct the Brea Police Department's 5-hour Citizen's Academy Impaired Driving presentation. 6 officers x 5 hours x $105.37 (overtime rate) = $3,161.10 x Medicare (1.45%) = $3,206.94.

JUSTIFICATION:

The Citizen's Academy Impaired Driving presentation is a unique educational event hosted by the Brea Police Department once a year (during Q2). The presentation consists of two parts; a Powerpoint-led presentation discussing impaired driving statistics, data, etc. followed by a "wet lab" learning opportunity. During the "wet lab" portion of the presentation, coordinators have volunteer drinkers consume alcohol at a regulated rate to get them to an elevated BACs. The volunteers are then each accompanied by an evaluator (an officer) who conducts a DUI investigation for members of the class. Attendees are broken up into smaller breakout groups and assigned an evaluator/drinker where they will be able to see up close the signs and symptomologies discussed in the Powerpoint. This specific presentation is extremely popular and well-received by the general public who have stated that it delivers the information in a clear and easily understood way. The goal of this activity is to expose the general public to real-world applications of impaired driving enforcement and educate them on the dangers of impaired driving in order to reduce the number of DUI-related collisions.

BREAFEST EDUCATIONAL OUTREACH (OVERTIME + BENEFITS) Amount calculated for 2 police officers at $105.37 (overtime rate) per hour to staff the BreaFest impaired driving educational outreach booth (5 hours). 2 officers x 5 hours x $105.37 (overtime rate) = $1,053.70 x Medicare (1.45%) = $1,068.98.

JUSTIFICATION:

BreaFest is a large community event hosted at our civic center which brings in thousands of attendees for food, drinks, and entertainment. This event is a great forum from which to engage with the public about impaired driving educational outreach. The goal of this activity is to expose the general public to real-world applications of impaired driving enforcement and educate them on the dangers of impaired driving in order to reduce the number of DUI-related collisions.