Portions of the Carbon Canyon Property were previously utilized for oil and gas exploration and production activities and the majority of the Carbon Canyon Property is also designated for Hillside Residential uses in the 2003 General Plan. The Carbon Canyon Property remains in a disturbed, largely idled industrial state associated with historic oil and gas operations, although portions of the property may ultimately be appropriate for open space preservation, habitat connectivity, or other conservation treatment through a future site-specific planning process. The 2050 GPU proposes to maintain this Hillside Residential designation as to the Carbon Canyon Property.
One of the parcels amongst the greater Carbon Canyon Property complex is an approximately 25-acre parcel commonly referred to as the Olinda Drive parcel and more specifically identified by APN 315-081-09 (hereinafter, the “Olinda Drive Property”). The Olinda Drive Property abuts a residential development known as the Olinda Village and Olinda Drive, which currently services Olinda Village residents. In 1998, Olinda Drive was extended via a recorded easement between the City and the Olinda Drive Property owner, making it possible for Olinda Drive to serve future residential development on the Olinda Drive Property. The various commitments made between the City and the Olinda Drive Property owner with respect to residential redevelopment are discussed more fully below.
The principal purpose of these comments is to provide the City with a redevelopment template for the CA-57 North Property and the Carbon Canyon Property that would allow the City and Sycamore to coordinate on future redevelopment. These comments also identify defects in the 2050 GPU and the Draft Program Environmental Impact Report (“Draft PEIR”). We request that the City: (1) revise the 2050 GPU to preserve and facilitate the use of a future specific plan framework for the CA-57 North Property and the Carbon Canyon Property, as described below; and (2) correct the errors and deficiencies identified in this letter. Sycamore further requests that this letter, together with all attachments, be included in the administrative record for the 2050 GPU and Draft PEIR.
I. The Brea 265 Project: A Proven Specific Plan Framework for Coordinated Redevelopment and Conservation
a. Any Future Redevelopment Involving Sycamore Lands Should Replicate the Brea 265 Project Process
The Brea 265 Project provides a proven local precedent for the type of flexible, sitespecific planning framework that is appropriate for Sycamore’s properties. The Brea 265 Project resulted from a collaborative planning process that began between the City and the property owner in 2018 and culminated in City approval of the Brea 265 Specific Plan under General Plan Amendment, Zone Change, Specific Plan and Development Agreement No. 2022-01 adopted in Ordinance Nos. 1229 and 1230 on August 16, 2022 and Resolution Nos. 2022-058, -059, and - 060 on July 19, 2022 and an Environmental Impact Report under State Clearinghouse Number 2018121035 (the “Brea 265 Project”). Through that process, the City converted approximately 265 acres of formerly active oil field land of varied topography into a comprehensively planned City of Brea Planning Division
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community that balances housing production, open space preservation, environmental mitigation, and infrastructure coordination.
The Brea 265 Project demonstrates how residential density can be distributed across a site with varying topography and environmental sensitivity through coordinated master planning, rather than rigid, parcel-by-parcel density limitations. Under the 2003 General Plan, the Brea 265 Project site was designated “Hillside Residential” and “Low Density Residential” prior to the City’s adoption of the specific plan. The Brea 265 Specific Plan allows up to 1,134 dwelling units – approximately 4.2 dwelling units per acre overall – through a mix of clustered low- and medium-density residential areas integrated with open space preservation and conservation planning.
The Brea 265 Specific Plan implements a flexible regulatory framework that allows residential density to be distributed strategically across the site rather than strictly limited by localized slope conditions as otherwise contemplated in “Hillside Residential” areas. A portion of the site east of Valencia Avenue slopes from northeast to southwest with more than 150 feet of elevation change. (Brea 265, page 2-12.) Residential uses are designated as “Low Density” (1.0-6.0 dwelling units per acre) and “Medium Density” (6.1-12.0 dwelling units per acre), which average approximately 4.2 dwelling units per acre across the site. (Brea 265 Table 3-1, page 3-2.) Through the specific planning process, 47 acres have been designated as open space, and density transfers are permitted as part of a phased development. In addition, the Brea 265 Project resulted in the permanent conservation of approximately 81 additional acres through recorded offers of dedication in favor of Chino Hills State Park or an alternative land steward, for a total of approximately 128 acres of preserved or protected land.
As reflected in the Brea 265 Project’s objectives, the Specific Plan is intended to “provide flexibility in plan implementation to allow for changes in future market conditions” and to promote “creative approaches to development and use of land through variation in building siting and combining appropriate land uses, activities and housing types.” (Brea 265 pages 1-3 and 2-4.) Importantly, the Brea 265 Project demonstrates why a specific plan is the appropriate planning tool for a site of this nature. The site involved a formerly industrial oil field with substantial areas of disturbance and limited conservation value, alongside portions with moderate to higher environmental sensitivity. The specific plan framework allowed the City to direct redevelopment to the disturbed areas while preserving and protecting areas with greater resource value, resulting in a coordinated plan that both accommodates housing and secures meaningful conservation outcomes.
A similar pattern exists on Sycamore’s properties. Substantial portions of the Carbon Canyon Property are already subject to recorded conservation protections. These existing constraints further underscore the need for a comprehensive planning approach that can coordinate preservation and development across the property as a whole.
Accordingly, the City should recognize the Brea 265 Project as a strong local precedent supporting a comprehensive, site-specific planning approach for properties proposed to be designated “Hillside Residential” in the 2050 GPU. The 2050 GPU presents a similar City of Brea Planning Division
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opportunity for the City to maintain long-term planning flexibility for properties within the SOI, including Sycamore’s properties, by acknowledging that future annexation or redevelopment proposals may be more appropriately addressed through a specific planning process rather than through inflexible application of the Hillside Residential designation alone. b. Redevelopment Consistent with the Brea 265 Project Will Fulfill Key City Policies, Objectives and Housing Needs for the Next Two Decades The 2050 GPU establishes a long-term planning framework that must be evaluated not only in light of current conditions, but also in anticipation of future housing needs and multiple upcoming housing cycles over the life of the General Plan. While the City’s current Housing Element remains in effect, the GPU’s 2050 horizon necessarily contemplates continued population growth, evolving land use demands, and the need to identify sites capable of accommodating future residential development in a manner that is both efficient and environmentally responsible.
Consistent with this long-term planning framework, the 2050 GPU includes numerous policies that support flexible, site-specific planning approaches rather than rigid application of generalized land use designations.
Policy CD-1.1: Land Use Pattern. Provide a coordinated mix of housing, employment, service, and recreational opportunities that encourages efficient development and multimodal choices; minimizes environmental impacts; ensures land use compatibility; enhances community livability and public health; and sustains economic vitality. (2050 GPU page 59.)
Policy CD-1.2: Housing Options. Support a diverse range of housing development options and densities, ensuring that residents across income levels, age groups, and those with special needs can live within the community. (2050 GPU page 59.) Policy CD-1.5: Employment/Housing Balance. Strive to balance employment and housing levels within the community to create more opportunities for residents to work locally. A balanced jobs-to-housing ratio enables residents to live and work in Brea, fostering a greater sense of community and convenience. (2050 GPU page 59.) Policy CD-1.7: Development Flexibility. Allow for flexible development standards in the City’s Zoning Ordinance provided that the potential benefits and merits of projects can be balanced with potential impacts. (2050 GPU page 59.) Policy CD-1.8: Sustainable Development Practices. Implement policies and programs that encourage the efficient use of land and infrastructure to reduce environmental impacts and support long-term community sustainability. (2050 GPU page 59.) Policy CD-6.5: Growth Pattern. Strongly encourage new development in infill locations in a balanced and efficient pattern that reduces sprawl, preserves open space, and creates City of Brea Planning Division
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convenient connections to other land uses and transportation facilities. (2050 GPU page
70.)
Policy ED-1.1: Land Uses. Maintain and expand the City’s opportunities to support diverse businesses by identifying opportunity sites for residential and commercial development that align with regional market demand. (2050 GPU page 231.) Action ED-1b: Periodically conduct a survey of vacant, underdeveloped, and underutilized sites, and engage with property owners regarding business attraction efforts or redevelopment opportunities. (2050 GPU page 232.)
Action ED-1d: Improve the marketability of opportunity sites through infrastructure improvements, regulatory flexibility, financial incentives, and the promotion of Brea’s market advantages. (2050 GPU page 232.)
Action ED-2f: Integrate the business community’s interests into City’s legislative advocacy work or collaborate to pursue and finance local economic development efforts. (2050 GPU page 234.)
Policy ED-3.3: Develop land use policies that facilitate the development of housing affordable to a range of household types and incomes to diversify the local labor force and promote long-term residential stability. (2050 GPU page 235.) These policies collectively emphasize flexibility, efficient land use, and the need to accommodate a range of housing types through planning approaches that respond to site-specific conditions rather than rigid application of generalized land use designations.
Further, the 2050 GPU expressly recognizes the need to allow continued economic use and adaptive reuse of hillside properties.
“Most properties in the hills are privately held and the City must allow property owners to achieve some economic value from their lands, either by continuing to extract the oil resources buried in the hillsides or by transitioning the properties, where safe to do so, to some other economically viable use.” (2050 GPU page 46.) At the same time, the 2050 GPU contains goals, policies and actions that ensure any such transition occurs in a manner that protects environmental resources and addresses site-specific constraints – objectives that are inherently aligned with a comprehensive specific plan process.
Policy CD-4.2: Constraints. Base allowable development on the ability of infrastructure, landform, physical constraints, and emergency response capabilities to support new development. (2050 GPU page 65.)
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Action CR-4a: Assess development proposals, including those in Brea’s Sphere of Influence, for potential impacts to important visual resources pursuant to CEQA.4 Require appropriate mitigation measures for all significant impacts. Consider important ridgelines, creeks, open space, views of the surrounding hillsides, and light and glare effects. (2050 GPU page 153.)
Action PS-1.f: Design development on hillsides and canyons to reduce the increased risk of fires from topographic features (e.g., steep slopes, ridge saddles). (2050 GPU page 203.)
Action PS-1.g: Review proposed development projects and street networks to evaluate the accessibility for fire engines and other emergency response functions. (2050 GPU page 203.)
Policy PS-2.2: Hillside Development. In areas subject to the City’s Hillside Zoning Ordinance, require a full site-specific geologic study to consider effects of the proposed development on adjacent upslope and downslope areas as well as on the site itself. (2050 GPU page 204.)
Policy PS-4.7: Oil Fields. Work closely with responsible State and Federal agencies to ensure that active oil field operations comply with all current regulations and, once oil field operations cease, that appropriate closure and clean-up activities occur. (2050 GPU page 210.)
The 2050 GPU emphasizes coordinated long-term planning for lands within the City’s SOI, including through annexation where appropriate. Specifically, the 2050 GPU includes these supporting policies:
Policy CD-1.11: Multi-Jurisdictional Coordination. Coordinate with neighboring jurisdictions to ensure land use compatibility in areas surrounding Brea. Partnerships with Orange County and adjacent cities can support the development of cohesive strategies to address regional planning challenges and development. (2050 GPU page 59.) Policy CD-1.12: Annexations. Strongly consider the annexation of adjacent unincorporated properties in the City’s Sphere of Influence (SOI) and avoid the creation of any new County islands. (2050 GPU page 59.)
Policy CD-4.5: Regional Coordination. Coordinate with Orange County and emphasize the City’s need to participate in the development review process of projects proposed in surrounding unincorporated areas. Work to ensure that such developments proceed consistent with City standards. (2050 GPU page 65.)
4 As used herein, “CEQA” means and refers to the California Environmental Quality Act.
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Policy CD-6.8: Interregional Cooperation. Cooperate with other agencies to address regional issues and opportunities related to growth, transportation, infrastructure, and other planning issues. (2050 GPU page 70.)
Taken together, these policies establish that the City’s long-term planning objectives are best achieved through flexible, site-specific planning approaches that can respond to unique site conditions, accommodate future housing needs, and balance development with environmental protection. As demonstrated by the Brea 265 Project, a comprehensive specific plan framework provides the appropriate mechanism to implement these policies by allowing the City to direct development to suitable areas while preserving environmentally sensitive lands. Maintaining this type of planning flexibility for Sycamore’s properties is therefore not only consistent with the 2050 GPU’s stated policies, but necessary to ensure the City can effectively plan for future growth over the life of the 2050 GPU.
The City’s adopted 2021-2029 Housing Element already establishes the implementation expectation for addressing future housing needs through annexation and comprehensive, sitespecific planning. The goals and policies in the Housing Element expressly commit the City to providing “adequate housing sites through appropriate land use, zoning, and specific plan designations” as well as through the pursuit of phased annexation of lands within the SOI. (Housing Element page 3-164, emphasis added.) Such goals and policies include the following:
Goal 2.0: Assist in the provision of adequate housing to meet the needs of the community. Establish a balanced approach to meeting housing needs that includes the needs of both renter and owner households. (Housing Element page 3-163.) Policy 2.5: Public/Private Partnerships. Explore collaborative partnerships with major employers, educational institutions, non-profit organizations, and others in the provision of affordable, workforce and special needs housing. (Housing Element page 3-163.) Goal 3.0: Provide adequate housing sites through appropriate land use, zoning, and specific plan designations to accommodate Brea’s share of regional housing growth needs. (Housing Element page 3-164.)
Policy 3.6: Hillside Development. Base densities in Brea’s hillsides on the ability of infrastructure, ingress and egress for evacuations, landform, physical constraints, and emergency response capabilities to support development. (Housing Element page 3-164.) Policy 3.7: Annexations. Pursue phased annexation of Brea’s Sphere of Influence to provide additional growth opportunities for a range of housing types consistent with infrastructure capacities. (Housing Element page 3-165.) Goal 4.0: Reduce potential governmental constraints to housing production and affordability. (Housing Element page 3-165.)
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Policy 4.2: Flexible Development Guidelines. Provide flexibility in development/design guidelines to accommodate new models and approaches to providing housing, such as transit-oriented development, live/work housing, micro units and flex space to allow housing to adapt to the needs of the occupants. (Housing Element page 3-165.) Goal 6.0: Promote a healthy and sustainable Brea through support of existing and new housing which minimizes reliance on natural resources and automobile use. (Housing Element page 3-167.)
Policy 6.6: Jobs/Housing Balance. Encourage a closer link between housing and jobs in the community, including housing opportunities affordable to Brea’s modest income workforce. (Housing Element page 3-167.)
These policies were actively implemented through the approval of the Brea 265 Project, which converted a large, formerly industrial property having varied topography within the SOI into a comprehensively planned residential community. The Brea 265 Project now accounts for a substantial portion of the City’s certified housing capacity under the Housing Element. Having successfully relied on that framework to meet its current RHNA obligations, the City has already demonstrated that annexation paired with a specific plan is an effective mechanism to deliver housing in constrained hillside areas.
The 2050 GPU will extend well beyond the current Housing Element cycle and necessarily must anticipate multiple future housing cycles, each of which will require the City to identify and enable additional sites capable of accommodating residential development. The fact that the City has met its current RHNA largely by relying on the Brea 265 Project only underscores this obligation. The CA-57 North Property and Carbon Canyon Property represent the same category of opportunity sites the Housing Element contemplates for future cycles: large formerly industrial lands within the SOI that cannot be effectively planned or fairly evaluated through rigid, generalized land use designations blanketed across entire parcels. Upon annexation, a specific plan is therefore not merely an optional entitlement path, but the logical and policy-consistent tool for implementing the City’s adopted Housing Element commitments and long-range goals under the 2050 GPU – allowing housing capacity to be planned holistically, environmental constraints to be addressed comprehensively, and growth to be directed in a manner that is both defensible and executable over the long term. Therefore, we recommend a new “Future Specific Plan” land use designation for the CA-57 North Property and Carbon Canyon Property, inclusive of the Olinda Drive Property, in the 2050 GPU. c. The City Should Incorporate a Forward-Looking Specific Plan Framework for the Sycamore Properties in the 2050 GPU, in Particular, the Olinda Drive Property
The Brea 265 Project demonstrates that the City has successfully implemented a coordinated planning process to address the redevelopment of large, complex hillside and formerly industrial properties. That process allowed the City to comprehensively evaluate site conditions, balance development and conservation objectives, and establish a tailored regulatory City of Brea Planning Division
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framework for long-term buildout in a coordinated manner that aligned land use planning, environmental review, infrastructure considerations, and the transition of formerly industrial lands to residential use.
As reflected in the 2050 GPU’s annexation policies, including Policy CD-1.12, the City anticipates that lands within its SOI may be incorporated into the City over time. In that context, the 2050 GPU should not predetermine the ultimate development potential of such lands through rigid application of generalized land use designations. Rather, the City should recognize that properties such as the CA-57 North Property and the Carbon Canyon Property – characterized by a mix of previously disturbed areas and areas with varying environmental sensitivities – are more appropriately planned through a comprehensive, site-specific process. In addition, the existing pattern of disturbance, access, and infrastructure on both the CA-57 North Property and the Carbon Canyon Property provides a strong foundation for designing future development that meets applicable fire safety standards, including defensible space, emergency access, and fuel modification, through a coordinated specific plan process.
Importantly, Brea has previously recognized that annexation of SOI lands is intended to facilitate growth and housing production – not solely the preservation of open space. In connection with the Brea 265 Project, the City applied General Plan policies providing that it should “pursue phased annexation of Brea’s Sphere of Influence to provide additional growth opportunities for a range of housing types consistent with infrastructure capacities.” (Brea 265 Draft EIR, Table 5.11-2, Policy 3.7.) That policy reflects the City’s established approach of pairing annexation with comprehensive planning to accommodate housing and direct growth to appropriate locations, rather than limiting annexation to passive or preservation-oriented outcomes.
Consistent with that approach, any future annexation or redevelopment of Sycamore’s properties should be evaluated through a specific plan framework that allows the City to direct development to suitable areas, establish appropriate development standards, and secure preservation outcomes in an integrated and enforceable manner. This type of coordinated planning process would enable the City to implement its adopted policies related to housing, land use efficiency, environmental protection, and infrastructure planning holistically.
Importantly, the 2050 GPU presents an opportunity for the City to establish this planning framework proactively. Rather than deferring consideration of how such lands will be planned until a future annexation or project application, the City should incorporate policy language or other planning mechanisms within the 2050 GPU that acknowledge and preserve the use of a specific plan approach for large, undeveloped or underutilized properties within the SOI, including Sycamore’s properties. Doing so would provide clarity for both the City and property owners, reduce uncertainty in future planning efforts, and ensure that the City retains the flexibility necessary to address future housing and land use needs.
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This proactive inclusion of a forward-looking specific plan framework in the 2050 GPU is particularly appropriate for the Olinda Drive Property. The Olinda Drive Property is approximately 25 acres in size and has been earmarked for future residential development since approximately 1996-1998. This is evidenced by the April 8, 1998 Easement Agreement between the City and the Olinda Drive Property owner recorded as Instrument Number 19980206553, whereby the City extended Olinda Drive and domestic water pipelines onto the Olinda Drive Property to serve existing and future City residents. The anticipated residential redevelopment pathway for the Olinda Drive Property is also evidenced in the November 27, 1996 Quitclaim Deed to Phase One Property between the Olinda Drive Property owner and the State of California and identified as Instrument Number 19960607663. By way of that instrument, the Olinda Drive Property owner deeded other adjacent lands it owned to the State but specifically retained a three hundred (300) foot parallel buffer zone between the lands it deeded to the State and the Olinda Drive Property to facilitate “the use and development” of the Olinda Drive Property. Finally, the City’s and Sycamore’s present-day collaboration with respect to the Brea 265 Project also inures to the benefit of both current City residents and future City residents at the Olinda Drive Property. As the City is presumably aware, Sycamore is in the process of granting to the City 1,000 square feet of surface land on the Olinda Drive Property for the City’s construction and operation of an Activated Snorkel Station Heli-Hydrant for wildfire protection purposes. This installation will not only protect existing City communities, such as the Brea 265 Project community and the Olinda Village community but will also serve and protect future residents at the Olinda Drive Property.
In light of the foregoing, we ask that the City specifically include a specific plan designation or future specific plan designation or equivalent overlay in the 2050 GPU for the Olinda Drive Property. We also ask that such a designation be applied to the CA-57 North Property and the other parcels comprising the Carbon Canyon Property. To the extent that the City is not prepared at this time to adopt a formal overlay or designation specific to the CA-57 North Property or the Carbon Canyon Property parcels beyond the Olinda Drive Property parcel, the 2050 GPU should, at a minimum, avoid foreclosing the use of a comprehensive planning framework for these lands. Preserving this flexibility is consistent with the 2050 GPU’s stated policies and with the City’s demonstrated success in implementing the Brea 265 Project.
II. Planning and CEQA Comments on the 2050 GPU and Draft PEIR a. The 2050 GPU Relies on Outdated Hillside Planning Assumptions from the 2003 General Plan
As discussed above, while the City has demonstrated through the Brea 265 Project that complex hillside properties can be planned through a coordinated, site-specific process, the 2050 GPU instead appears to rely on legacy hillside planning assumptions that no longer reflect current conditions.
The 2050 GPU appears to carry forward land use assumptions derived from the City’s 2003 General Plan without sufficient re-evaluation of existing site conditions, infrastructure, or long-term planning objectives. In particular, the application of the Hillside Residential City of Brea Planning Division
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designation to the CA-57 North Property and the Carbon Canyon Property reflects an approach developed under materially different regulatory, environmental, and housing policy contexts.
As currently applied, the Hillside Residential designation presumes that hillside properties should remain limited to low-intensity, detached residential development or similar low-impact uses. While that framework may have been appropriate at the time it was adopted, it does not adequately reflect current conditions on the CA-57 North Property and the Carbon Canyon Property, including the presence of longstanding oil and gas operations, existing access and infrastructure, and varying levels of environmental sensitivity across the site.
Maintaining these legacy assumptions in the 2050 GPU risks constraining the City’s ability to plan effectively for future growth, particularly for properties within the SOI that may be annexed and redeveloped over the life of the General Plan. As demonstrated by the Brea 265 Project, a more flexible, site-specific planning approach allows the City to comprehensively evaluate site conditions, balance development and conservation objectives, and establish a tailored regulatory framework for long-term buildout.
Accordingly, Sycamore encourages the City to review these legacy designations and consider whether they continue to serve the City’s long-term planning objectives. Where policy assumptions from the 2003 General Plan no longer reflect current conditions, the 2050 GPU presents an opportunity to modernize those assumptions so that future planning efforts, including potential annexation or specific plan processes, can be evaluated based on accurate and current information.
b. Inaccurate and Unsupported Mapping in the 2050 GPU and Draft PEIR Several figures in the 2050 GPU and Draft PEIR appear to inaccurately depict or overstate conditions on the CA-57 North Property and the Carbon Canyon Property or otherwise rely on assumptions that do not reflect current site conditions. i. Figures 2-4 and 2-7 Do Not Accurately Reflect the Full Extent and Planning Context of the Carbon Canyon Property
Figures 2-4 (Current Zoning) and 2-7 (Proposed General Plan Land Use Designations) do not appear to fully and clearly reflect the Carbon Canyon Property, including remnant Sycamoreowned parcels in the Carbon Canyon area. Certain remnant holdings appear either to be omitted, generalized, or visually subsumed into surrounding open space or public land designations in a manner that does not accurately reflect Sycamore’s ownership or the planning context of those lands.
This issue is particularly important because the 2050 GPU relies on these citywide figures to establish the land use framework applicable to lands within and adjacent to the City’s SOI. At a minimum, the City should revise Figures 2-4 and 2-7 so that the Carbon Canyon Property, including Sycamore’s remnant holdings, is accurately shown and not visually conflated City of Brea Planning Division
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with surrounding lands that are already publicly owned, permanently preserved, or otherwise outside Sycamore’s control.
ii. Figure CR-3 (Wildlife Corridors) Overstates Corridor Functions and Relies on Unsupported or Non-Authoritative Mapping
Figure CR-3 in the 2050 GPU assigns large portions of the Sycamore properties a “Connectivity Rank” of “Irreplaceable and Essential Corridors,” relying in part on mapping attributed to Hills For Everyone. Hills For Everyone is a private advocacy organization, not a governmental agency with regulatory authority or a technical body charged with preparing adopted biological resource maps. To the extent the City is relying on this mapping to impose parcel-level planning constraints, such reliance does not appear to be supported by an identified technical or regulatory basis.
As to both the CA-57 North Property and the Carbon Canyon Property, the “Irreplaceable and Essential Corridors” overlay appears overly broad and not tied to current site conditions. The 2050 GPU should not assign such a severe corridor classification to Sycamore’s lands without identifying a reliable and site-specific technical basis for doing so. This mischaracterization also calls into question the adequacy of the Draft PEIR’s biological resources analysis to the extent that analysis relies on the same unsupported assumptions reflected in the mapping. Sycamore does not dispute that portions of the Carbon Canyon Property may support habitat or connectivity functions; however, the mapping does not adequately distinguish between previously disturbed areas and areas that may legitimately function as habitat corridors.
As to the CA-57 North Property specifically, the corridor depicted extending northward across the property appears to terminate in a dead end and to extend into Los Angeles County lands outside the City’s planning jurisdiction. If the City intends to depict regional connectivity concepts extending beyond its jurisdiction, the figure should clearly say so. Otherwise, the northern corridor extension should be deleted as erroneous.
As to the Carbon Canyon Property, the same figure overlays substantial portions of the property with the same “Irreplaceable and Essential Corridors” designation without sufficiently distinguishing between previously disturbed areas and any areas that may legitimately function as habitat connectivity. That undifferentiated treatment is not supported by the technical record as presently drafted.
iii. Figure 4.1-1 (Scenic Resources) Improperly Identifies Scenic View Corridors Over the CA-57 North Property
Figure 4.1-1 (Scenic Resources) appears to depict a scenic view corridor extending into the CA-57 North Property from the SR-57 corridor. Based on existing site conditions, that depiction does not appear to be supported. The relevant portion of the CA-57 North Property is characterized by active or legacy industrial uses, including truck servicing and rental operations, oil production infrastructure, and other disturbed industrial features. It is not an area appropriately characterized as a scenic view corridor.
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Accordingly, the scenic resource arrow extending into the CA-57 North Property should be removed. In addition, the northern scenic arrow appears to extend largely into Los Angeles County, beyond the City’s jurisdictional planning area. To the extent the City seeks to identify regional views beyond its jurisdiction, it should make that intent explicit. Otherwise, this northern view arrow should also be revised or deleted.
These inaccuracies also call into question the adequacy of the Draft PEIR’s aesthetics analysis to the extent that analysis relies on the same purported scenic views or corridors. More broadly, determinations regarding scenic resources on the Sycamore properties would be more appropriately evaluated through a future specific planning process supported by site-specific analysis, rather than through generalized citywide mapping at the GPU level. iv. The Vegetation Mapping Relies on Stale Source Data and Does Not Clearly Reflect Current Conditions on the CA-57 North Property The vegetation mapping used in the 2050 GPU and Draft PEIR appears to rely, at least in part, on source material prepared for the Nature Reserve of Orange County and a Johnson-Stokes study from 1992. Reliance on vegetation mapping that is more than three decades old raises significant concerns regarding the accuracy of the mapped vegetation communities on lands that have long been affected by oil and gas operations, industrial activity, grading, access roads, and other surface disturbances.
As to the CA-57 North Property, these outdated inputs appear to overstate the extent of undisturbed habitat conditions. Large portions of the CA-57 North Property have historically functioned as part of a disturbed oil field environment and are associated with well sites, service roads, equipment yards, truck operations, and other surface facilities. To the extent the vegetation mapping suggests more extensive natural or undisturbed habitat across these lands, the mapping is misleading and should be corrected. This characterization is also inconsistent with other figures in the 2050 GPU, including Figure PS-7, which accurately depicts the extent of active oil well infrastructure across the CA-57 North Property.
As to the Carbon Canyon Property, the figures appear in some respects to correctly identify disturbed conditions in at least portions of the property. Sycamore does not object to disturbed-area classifications to the extent they accurately reflect current site conditions.
However, the City should still disclose the source data and methodology used to draw the mapped habitat boundaries and should confirm whether any additional classifications – such as chaparral or other habitat types – are based on current, site-specific information rather than stale regional mapping.
To the extent the Draft PEIR relies on this vegetation mapping to characterize biological resources on the Sycamore properties, the adequacy of the biological resources analysis is similarly called into question.
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v. The City Should Revise Unsupported Local Figures but Need Not Resolve Here the Accuracy of Adopted State or Federal Maps Sycamore’s comments in this section are directed at local figures and overlays that appear unsupported, advocacy-driven, stale, or otherwise inaccurate as applied to the Sycamore properties. Sycamore does not challenge the legal validity of adopted state or federal resource maps, such as officially adopted fire hazard, critical habitat, or other regulatory maps prepared by agencies with statutory authority over those designations. However, where the City’s own figures go beyond those adopted maps or use them as a basis for unsupported parcel-level conclusions, the City should revise the figures accordingly and should not treat generalized or outdated mapping as a substitute for site-specific analysis. c. Internally Inconsistent Mapping of the Olinda Drive Property and other Portions of the Carbon Canyon Property as “Other Recreation” As discussed above, the 2050 GPU land use map designates Sycamore’s CA-57 North Property and its Carbon Canyon Property, inclusive of the Olinda Drive Property, for Hillside Residential uses. Despite the 2050 GPU’s designation of Sycamore’s lands for Hillside Residential uses, the 2050 GPU’s Figure CR-1 “Parks, Recreation Facilities and Open Space” purports to classify portions of the Carbon Canyon Property and all of the Olinda Drive Property as “Other Recreation.” Such classification conflicts with, and is inconsistent with, the Hillside Residential designation. Such Other Recreation designation would also conflict with and be inconsistent with any prospective specific plan designation applied to Sycamore’s lands. We request that the City correct this mapping error by removing Sycamore’s lands from the Other Recreation classification in Figure CR-1 to avoid creating an internal inconsistency within its general plan in violation of state planning and zoning law. Additionally, we note that such reclassification and the environmental consequences of such reclassification was not disclosed or analyzed in the Draft PEIR. Consequently, such reclassification would not comport with CEQA. d. The City’s Mischaracterization of Sycamore’s Properties Establishes an Improper Baseline under CEQA
The 2050 GPU and Draft PEIR repeatedly describe the SOI, including Sycamore’s properties, as “undeveloped” hillside open space and rely on that premise in the project description and impact analyses (e.g., hydrology and public safety). This framing effectively establishes the environmental baseline for the Draft PEIR’s impact analysis, yet it is not supported by parcel-specific documentation of existing conditions or a transparent methodology for the SOI buildout and capacity estimates. Under CEQA, an EIR must describe the physical environmental conditions in the vicinity of the project with sufficient detail to establish an accurate baseline for evaluating environmental impacts. (CEQA Guidelines § 15125.) A misleading or incomplete baseline and project description undermines informed public review and comment and warrants clarification or correction in the Final PEIR. Absent correction of the Draft PEIR’s assumptions regarding “undeveloped” SOI lands, the environmental analysis cannot serve as a sufficient foundation for the Planning Commission, which is scheduled to consider the 2050 GPU on April 14, 2026 or the City Council.
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In describing the characteristics of lands within the Planning Area (which includes the City’s jurisdiction and SOI), the 2050 GPU calls out Sycamore’s properties specifically:
“The hills north of Brea lie in unincorporated Orange and Los Angeles counties, with the Orange County portion within the City’s SOI. Visually, the hills frame and define Brea, and the homes, roads, and other infrastructure interface directly with these roughly 7,500 acres. Historically, oil production represented the predominant use in the hillside areas, with the County’s Olinda Alpha Landfill occupying many acres as well. During the 1980s and 1990s, the gradual depletion of oil resources in the hills led property owners to plan for alternative uses. Also, environmental interests and State park planners recognized that actions were required to stop increased loss of open space and valuable habitat throughout the Puente Hills and Chino Hills areas, and managed to secure many acres as permanent, protected open space use, such as Chino Hills State Park.” (2050 GPU page
35.)
This description omits any acknowledgement that industrial operations continue on Sycamore’s properties today and instead suggests that hillside oil operations were effectively depleted decades ago. This characterization also contradicts the 2050 GPU’s own admission that Sycamore’s properties are improved with active oil wells. (2050 GPU Figure PS-7, page 187.) The 2050 GPU also notes that the “community” has “long identified its desire to preserve the hillsides as undeveloped open space.” (2050 GPU page 46.) However, the 2050 GPU does not identify the source of this characterization of community sentiment, nor does it balance its claim with any discussion of the private property owner’s interest in the future of their lands.
The Draft PEIR’s hydrology analysis also characterizes the entire SOI area as “undeveloped”:
“The incorporated City of Brea is a largely developed suburban/urban community. The existing land use pattern is mixed and includes established residential neighborhoods, a concentrated downtown and mall/commercial core, industrial and business parks, civic and institutional uses, parks and open space, and transportation corridors. Most of the developed area is located west of Valencia Avenue, while the eastern portion consists primarily of residential neighborhoods, with large undeveloped foothills and canyons to the east and north. There is currently no development within the sphere of influence area, and only residential uses are permitted on approximately 34 percent of the total sphere of influence acreage under the current 2003 General Plan. The remaining 4,050 acres (66 percent) are designated for open space, parks/recreation, and public facilities, with no residential or non-residential development potential. Therefore, buildout of the Project area would largely come from redevelopment of already existing developed areas that contribute to urban storm water runoff.” (Draft PEIR page 4.9-28, emphasis added.)
“As described previously, the Project area is largely developed and buildout of the Project area would largely come from redevelopment of already existing developed areas City of Brea Planning Division
March 27,2026
(i.e., infill development). However, buildout would result in new development in previously undeveloped areas, primarily in the eastern portion of the City and its sphere of influence, which could result in an increase in storm water runoff quantities.
Redevelopment would also alter existing drainage of any given infill site that would affect the existing storm water drainage system.” (Draft PEIR page 4.9-32, emphasis added.)
This mischaracterization of Sycamore’s properties is carried over in the draft Public Safety Element:
“A significant portion of Brea’s sphere of influence (SOI) and surrounding area remains undeveloped and consists of rugged topography with highly flammable vegetation. The woodlands, grasslands, and chaparral areas provide important open space, natural resources, and scenic vistas, but also create fire hazards when development is located in or adjacent to these areas.” (2050 GPU page 168, emphasis added.) “Much of the SOI north of the City is sparsely developed and includes hillside residential areas, public facilities (such as the Olinda Alpha Landfill), parks and recreation areas, open space, and vacant parcels. These areas border the County of Los Angeles.” (Draft PEIR, page 2-12.)
The Draft PEIR provides the following breakdown of residential development capacity in the Hillside Residential area within the SOI:
“As shown in Table 2-1, there is currently no development within the SOI area, and only residential uses are permitted on approximately 34 percent of the total SOI acreage under the current 2003 Brea General Plan. The remaining 4,050 acres (66 percent) are designated for open space, parks/recreation, and public facilities, with no residential or non-residential development potential.” (Draft PEIR, page 2-13.) Table 2-1 (on page 2-11 of the Draft PEIR) allocates 2,096 acres to Hillside Residential, yielding 1,048 units and a maximum population of 2,987. The Draft PEIR does not include a breakdown of these calculations or describe the specific parcel-by-parcel methodology for these calculations. Without a transparent explanation of the assumptions underlying the SOI buildout analysis, it is difficult for the public or decisionmakers to understand how the Draft PEIR arrived at these development capacity figures or whether they accurately reflect the existing conditions and planning context of properties such as Sycamore’s properties. e. The Wildlife Corridor Analysis Is Insufficient and Internally Inconsistent As part of the proposed revisions in the 2050 GPU, the City has introduced a framework to address issues regarding wildlife corridors in the Planning Area. However, the 2050 GPU, Draft PEIR and its Biological Resources Technical Report (“BRTR”) contain material inconsistencies in the identification, depiction and analytical treatment of wildlife corridors, particularly within the SOI where Sycamore’s properties are located. These inconsistencies City of Brea Planning Division
March 27,2026
undermine the reliability of the biological baseline and compromise the Draft PEIR’s impact analysis under CEQA.
Figure CR-3 (Wildlife Corridor) in the 2050 GPU, based in part on mapping by Hills For Everyone, depicts an area with a “Connectivity Rank” of “Irreplaceable and Essential Corridors” over the Sycamore Property. (2050 GPU page 137, enclosed as Attachment 1.) The Community Resources Element explains that:
“The Puente and Chino Hills and Santa Ana Mountains together encompass about 511,000 acres of wildlands … Large blocks of habitat ridgelines along the Puente and Chino Hills allow wildlife to move throughout the hills and into the large open spaces of Chino Hills State Park and the Cleveland National Forest. Chino Hills State Park and the Puente and Whittier Hills are linked via the Tonner Canyon and Sonome Canyon wildlife corridors, illustrated in Figure CR-3.” (2050 GPU page 135.) However, the same geographic area is not identified as a wildlife corridor of any kind in Figure 9 (Wildlife Corridors/NCCPs) of the BRTR or Figure 4.3-5 of the Draft PEIR (enclosed as Attachment 2). Instead, Appendix E relies on the California Essential Habitat Connectivity Project (“CEHCP”) framework, depicting only “natural landscape blocks” and “small natural areas,” which apparently eliminates the entire swath of land shown in Figure CR-3. Though the BRTR includes discussion of “wildlife corridors and habitat linkages,” it only maps wildlife corridors. Further, the BRTR provides no additional context for the assignment of “Connectivity Ranks” as they are depicted in the 2050 GPU. The absence of the 2050 GPU-mapped corridor from the BRTR creates a direct inconsistency between the 2050 GPU and its technical baseline study that calls into question the basis for any of the “Connectivity Ranks” depicted in Figure CR-3.
In addition, several of the corridor depictions appear to extend beyond the City’s jurisdictional planning authority and across properties located outside the City’s boundaries or sphere of planning control. To the extent that these regional connectivity assumptions are intended to represent generalized ecological relationships rather than site-specific constraints, the 2050 GPU should clarify that such mapping is conceptual and not intended to function as a parcel-level constraint on future land use decisions. Without such clarification, the mapping may inadvertently imply the existence of a formally designated wildlife corridor where the Draft PEIR’s own technical analysis does not identify one.
The BRTR also contradicts itself by acknowledging the regional importance of the Puente-Chino Hills area as a movement corridor without providing supporting evidence from CEHCP:
“The Puente-Chino Hills area, located within and surrounding the northern and eastern portions of the Project area, provides connectivity between the Santa Ana mountains to the south and the San Gabriel mountains to the north, and function as a vital corridor for wildlife movement through the open space and native vegetation communities that occur in these areas.” (Draft PEIR Appendix E, page 26 and Draft PEIR page 4.3-37.) City of Brea Planning Division
March 27,2026
Despite this statement, the BRTR does not map this “vital corridor” in the same manner or extent as the 2050 GPU. The 2050 GPU treats this corridor as a policy-level wildlife corridor, while the BRTR treats connectivity more generally, without clearly identifying or mapping the same corridor. As a result, the biological baseline is internally inconsistent across documents.
The Draft PEIR relies on the BRTR as the technical foundation for its biological resources analysis. Section 4.3 of the Draft PEIR evaluates impacts related to wildlife corridors and habitat linkages using the BRTR’s mapping (in Draft PEIR Figure 4.3-5) and conclusions (including quoting directly from the BRTR as shown above):
“Biological resources documented as present or with potential to occur in the Proposed Project area were identified through a review of existing maps, literature and other biological studies conducted in the area, and sensitive species occurrence databases by the biological consultant. No biological survey, field reconnaissance, aquatic resources delineation, or focused species surveys were conducted as a part of the Proposed Project’s Biological Resources Technical Report (BRTR) (Appendix E of this Program Environmental Impact Report [PEIR]). The results of the review provide information on the potential constraints to project development due to the presence of sensitive biological resources. The potential presence of critical habitat in the Proposed Project area was also analyzed.” (Draft PEIR, page 4.3-10.)
“According to the California Essential Habitat Connectivity Project, which maps relatively natural habitat blocks that support native biodiversity, several areas spanning from northeast to southwest in the western portion of the Proposed Project area serve as natural landscape blocks (CDFW 2025e). Additionally, small natural areas are scattered throughout the Proposed Project area (Figure 4.3-5, Wildlife Corridors/NCCPs).” (Draft PEIR, page 4.3-37.)
“The Proposed Project area is likely to be used as a wildlife movement corridor because it provides suitable nesting, foraging, nursery, and dispersal areas for both sensitive and common wildlife species due to the presence of native vegetation communities and its connection and proximity to the Puente-Chino Hills area, the Pacific Coast, as well the [sic] Santa Ana mountains to the south and the San Gabriel mountains to the north.” (Draft PEIR, page 4.3-53.)
The Draft PEIR also acknowledges that the BRTR relied exclusively on existing literature, database searches, and prior studies and that no field reconnaissance, biological surveys, aquatic resource delineations, or focused species surveys were conducted for the Proposed Project area. (Draft PEIR, p. 4.3-10.) While the use of existing information may be appropriate at a programmatic level in certain circumstances, CEQA requires that an EIR describe the physical environmental conditions in the vicinity of the project with sufficient accuracy to establish a meaningful baseline for impact analysis. (See CEQA Guidelines § 15125.) Where environmental constraints such as wildlife movement corridors, habitat linkages, or sensitive biological resources are relied upon as a basis for policy decisions or development City of Brea Planning Division
March 27,2026
constraints, the supporting analysis should be grounded in reasonably current and site-specific information.
Here, the absence of any field verification creates additional uncertainty regarding the biological conditions of lands within the SOI, including Sycamore’s properties. The Draft PEIR simultaneously asserts the existence of wildlife movement corridors and sensitive habitat connectivity while acknowledging that no on-site surveys were conducted to confirm the presence, location, or functional characteristics of those resources. This analytical gap is particularly significant given the internal inconsistencies between the 2050 GPU mapping and the BRTR corridor analysis discussed above. Without field-verified baseline information, the Draft PEIR’s conclusions regarding wildlife movement patterns and habitat connectivity within the Planning Area remain uncertain and may not provide a reliable foundation for long-term land use policy decisions reflected in the 2050 GPU.
Accordingly, the Final PEIR should clarify the methodology used to characterize biological resources within the SOI and explain the basis for the corridor designations depicted in the 2050 GPU. To the extent that those designations rely on generalized regional data rather than site-specific conditions, the Final PEIR should expressly acknowledge those limitations so that future project-level environmental review can rely on updated biological surveys and more precise analysis.
Because the Draft PEIR and the 2050 GPU present inconsistent maps defining wildlife corridors, the Draft PEIR’s impact analysis may fail to analyze impacts to a corridor that the 2050 GPU itself designates. Absent any reconciliation of these discrepancies, the Draft PEIR may not fully analyze impacts to all wildlife corridors and habitat linkages contemplated by the proposed policy framework. As this inconsistency has direct implications for Sycamore’s properties, we urge the City to fully and properly analyze these potential impacts taking into account a complete and accurate characterization of the condition of the CA-57 North Property and the Carbon Canyon Property, inclusive of the Olinda Drive Property.
III. Conclusion
Sycamore asks that the City thoughtfully consider and implement revisions to the 2050 GPU that facilitate the use of a future specific plan framework for the CA-57 North Property and Carbon Canyon Property, inclusive of the Olinda Drive Property. Sycamore also asks that the City correct the 2050 GPU and Draft PEIR errors and deficiencies identified above. Please do not hesitate to contact me by email at [email protected] or my colleague Noah Adler ([email protected]) with any questions.
Sincerely,
MANATT, PHELPS & PHILLIPS, LLP
on behalf of Sycamore Development Brea Canyon LLC
Enclosures: Attachments 1-2
cc: George Basye, Sycamore Development Partners
ATTACHMENT 1
ATTACHMENT 2
AFFILIATED AGENCIES
Orange County
Transit District
Local Transportation
Authority
Service Authority for
Freeway Emergencies
Consolidated
Transportation
Service Agency
Congestion Management
Agency
Orange County Transportation Authority
550 South Main Street / P.O Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) March 26, 2026
Planning Division
Community Development Department
City of Brea
1 Civic Center Circle
Brea, CA 92821
Via email: [email protected]
Subject: Brea 2050: Focused General Plan Update and Brea Core Specific Plan Draft Program Environmental Impact Report (SCH No. 2025081123)
To Whom It May Concern:
Thank you for providing the Orange County Transportation Authority (OCTA) with the opportunity to review the Draft Program Environmental Impact Report (PEIR) for the City of Brea’s Brea 2050: Focused General Plan Update and Brea Core Specific Plan (SCH No. 2025081123). The following comments regarding the Draft PEIR Appendix H (“Transportation Impact Analysis”), Section 3 (“Existing Conditions”) are provided for your consideration:
• On page 8, under “Transit Service,” the document currently states, “It [OCTA] provides approximately 60 fixed bus routes, including local, community, express (Bravo!), and StationLink services on a countywide basis.” Please revise this to, “51 fixed bus routes, including local, community, rapid, and StationLink services,” to reflect recent service updates and branding changes.
• On page 9, please update Table 1: Transit Service in Brea to reflect recent OC Bus service changes:
• Route 59 now operates between the cities of Brea and Irvine. • Route 129 now operates between the cities of Brea and Buena Park.
• On page 10, please revise Figure 1: Existing Transit Service in Brea to reflect recent changes to OC Bus Route 129. This route now terminates at Brea Mall and no longer operates on Birch Street or Kraemer Boulevard.
Planning Division
Community Development Department
March 26, 2026
Orange County Transportation Authority
550 South Main Street / P.O Box 14184 / Orange / California 92863-1584 / (714) 560-OCTA (6282) Thank you for the opportunity to review this document. Should you have any questions or comments, please contact me at (714) 560-5907 or at [email protected].
Sincerely,
Dan Phu
Director, Transportation Planning and Analysis
DP:pv
700 North Alameda Street, Los Angeles, California 90012⚫ Mailing Address: Box 54153, Los Angeles⚫California 90054-0153 ⚫ Telephone (213) 217-6000 March 17, 2026 VIA EMAIL
City of Brea
Planning Division
1 Civic Center Circle
Brea, CA 92821
[email protected]
To Whom It May Concern:
Draft Program Environmental Impact Report for the
Brea 2050: Focused General Plan Update and Brea Core Specific Plan Project The Metropolitan Water District of Southern California (Metropolitan) has reviewed the Notice of Availability and Draft Program Environmental Impact Report for the Brea 2050: Focused General Plan Update and Brea Core Specific Plan Project. The Project proposes to adopt and implement the Focused General Plan Update (GPU), which includes comprehensive updates to the City’s 2003 Brea General Plan Community Development, Community Resources, and Public Safety elements.
The Focused GPU also includes new Mobility and Economic Development elements. The purpose of the Focused GPU is to ensure that General Plan policies and programs align with current community needs, state mandates, and planning principles per the 2023 General Audit. In addition, the project consists of the Brea Core Specific Plan (BCSP), which aims to implement the values of the 2017 Brea Envisions Community Strategic Plan and the goals, policies, and recommendations of the 2020 Brea Connecting the Core Active Transportation Plan. The BCSP establishes land uses, provides mobility recommendations and streetscape improvements, proposes infrastructure upgrades to support new development, and outlines implementation strategies.
Metropolitan owns and operates facilities within and adjacent to the proposed Project Limits. As shown on the attached map, Metropolitan’s Lower Feeder, Orange County Feeder, and Yorba Linda Feeder are within the Project boundary. Lower Feeder is an approximately 96-inch inside-diameter pipeline extending east/west through Brea, primarily along Lambert Road within street easement right-of-way. Orange County Feeder is an approximately 36-inch inside diameter pipeline extending north/south along S. Randolph Ave. and E. Birch St. within street easement right of way. Yorba Linda Feeder is an approximately 96-inch inside-diameter pipeline extending north/south across Carbon Canyon Road. Metropolitan is concerned with potential impacts to these facilities and rights-of-way that may result from implementation of the proposed Project.
Metropolitan must be allowed to maintain its rights-of-way and access to its facilities and properties at all times, in order to repair and maintain the current condition of those facilities. In order to avoid potential conflicts with Metropolitan's rights-of-way, we require that any design plans for any activity in the area of Metropolitan's pipelines or facilities be submitted for our review and written Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
City of Brea
March 17, 2026
approval. Metropolitan will not permit procedures that could subject the pipes to excessive vehicle, impact, or vibratory loads. Any future design plans associated with this Project should be submitted to the attention of Metropolitan's Substructures Team. Approval of the Project should be contingent on Metropolitan's approval of design plans for portions of the proposed Project that could impact its facilities.
Metropolitan requests that the City of Brea avoid any potential impacts that may occur to Lower Feeder, Orange County Feeder, and Yorba Linda Feeder due to implementation of the proposed Project, or, where applicable, and propose mitigation measures to offset any potential impacts. It will also be necessary for the City of Brea to consider Metropolitan’s Lower Feeder, Orange County Feeder, and Yorba Linda Feeder in its project planning.
Detailed prints of drawings of Metropolitan's pipelines and rights-of-way may be obtained by contacting Metropolitan's Substructures Team at [email protected]. To assist the City of Brea in preparing plans that are compatible with Metropolitan's facilities and rights-of-way, enclosed is a copy of the "Guidelines for Developments in the Area of Facilities, Fee Properties, and/or Easement of The Metropolitan Water District of Southern California." Please note that Metropolitan's facilities and rights-of-way must be fully shown and identified as Metropolitan's on all designs or plans submitted.
Metropolitan provides the following additional specific comment on the DEIR for the Brea 2050 Focused General Plan Update and Brea Core Specific Plan Project:
1. Pages 4.15-23 and 4.15-37 state that the City’s public water system receives imported water from the California Domestic Water Company and the Metropolitan Water District of Orange County. Please correct Metropolitan Water District of Orange County to Municipal Water District of Orange County.
We appreciate the opportunity to provide input to your planning process and look forward to receiving future plans and documentation for this Project. If we can be of further assistance, please contact Jolene Ditmar at (213) 217- 6184 or at [email protected].
Very truly yours,
Sean Carlson
Team Manager, Environmental Planning Section
JD:cs
s:\externalreviews\externalreviews\commentletters\2026-commentletters\brea_2050focusedgpupdate&corespecificplan_noa Enclosures (2)
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2
The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018
Copyright © 2018 by The Metropolitan Water District of Southern California.
Additional Copies: To obtain a copy of this document, please contact the Engineering Services Group, Substructures Team.
Disclaimer
Metropolitan assumes no responsibility for the accuracy of the substructure information herein provided.
The user assumes responsibility for verifying substructure locations before excavating and assumes all liability for damage to Metropolitan’s facilities as a result of such excavation. Additionally, the user is cautioned to conduct surveys and other field investigations as deemed prudent, to assure that project plans are correct. The appropriate representative from Metropolitan must be contacted at least two working days, before any work activity in proximity to Metropolitan’s facilities.
It generally takes 30 days to review project plans and provide written responses. Metropolitan reserves the right to modify requirements based on case-specific issues and regulatory developments.
PUBLICATION HISTORY:
Initial Release July 2018
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Table of Contents
Issue Date: July 2018
1.0 GENERAL INFORMATION ............................................................................................. 1
1.1 Introduction.................................................................................................................. 1
1.2 Submittal and Review of Project Plans/Utilities and Maps............................................ 1
1.3 Identification of Metropolitan’s Facilities and Rights-of-Way......................................... 3
2.0 General Requirements .................................................................................................... 3
2.1 Vehicular Access ......................................................................................................... 3
2.2 Fences......................................................................................................................... 3
2.3 Driveways and Ramps ................................................................................................. 3
2.4 Walks, Bike Paths, and Trails ...................................................................................... 3
2.5 Clear Zones ................................................................................................................. 4
2.6 Slopes.......................................................................................................................... 4
2.7 Structures .................................................................................................................... 4
2.8 Protection of Metropolitan Facilities ............................................................................. 4
2.9 Potholing of Metropolitan Pipelines .............................................................................. 4
2.10 Jacked Casings or Tunnels.......................................................................................... 4
3.0 Landscaping.................................................................................................................... 5
3.1 Plans............................................................................................................................ 5
3.2 Drought-Tolerant Native and California Friendly Plants................................................ 5
3.3 Trees ........................................................................................................................... 5
3.4 Other Vegetation.......................................................................................................... 6
3.5 Irrigation....................................................................................................................... 6
3.6 Metropolitan Vehicular Access..................................................................................... 6
4.0 General Utilities ............................................................................................................... 6
4.1 Utility Structures........................................................................................................... 6
4.2 Utility Crossings ........................................................................................................... 6
4.3 Longitudinal Utilities..................................................................................................... 7
4.4 Underground Electrical Lines ....................................................................................... 7
4.5 Fiber Optic Lines.......................................................................................................... 7
4.6 Overhead Electrical and Telephone Lines.................................................................... 7
4.7 Sewage Disposal Systems........................................................................................... 7
4.8 Underground Tanks ..................................................................................................... 8
5.0 Specific Utilities: Non-Potable Utility Pipelines................................................................. 8
6.0 Cathodic Protection/Electrolysis Test Stations................................................................. 8
6.1 Metropolitan Cathodic Protection ................................................................................. 8
6.2 Review of Cathodic Protection Systems....................................................................... 8
7.0 Drainage.......................................................................................................................... 9
7.1 Drainage Changes Affecting Metropolitan Rights-of-Way............................................. 9
7.2 Metropolitan’s Blowoff and Pumpwell Structures.......................................................... 9
8.0 Grading and Settlement................................................................................................... 9 Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Table of Contents
Issue Date: July 2018
8.1 Changes in Cover over Metropolitan Pipelines............................................................. 9
8.2 Settlement ................................................................................................................... 9
9.0 Construction Equipment .................................................................................................10
9.1 Review of Proposed Equipment..................................................................................10
9.2 Equipment Restrictions ...............................................................................................10
9.3 Vibratory Compaction Equipment................................................................................10
9.4 Equipment Descriptions ..............................................................................................10
10.0 Excavations Close to Metropolitan Facilities...................................................................11
10.1 Shoring Design Submittal............................................................................................11
10.2 Shoring Design Requirements ....................................................................................11
11.0 Support of Metropolitan Facilities....................................................................................11
11.1 Support Design Submittal ...........................................................................................11
11.2 Support Design Requirements ....................................................................................11
12.0 Backfill............................................................................................................................12
12.1 Metropolitan Pipeline Not Supported...........................................................................12
12.2 Metropolitan Pipeline Partially Exposed ......................................................................12
12.3 Metropolitan Cut and Cover Conduit on Colorado River Aqueduct (CRA)...................12
13.0 Piles ...............................................................................................................................13
13.1 Impacts on Metropolitan Pipelines ..............................................................................13
13.2 Permanent Cast-in-place Piles....................................................................................13
14.0 Protective Slabs for Road Crossings Over Metropolitan Pipelines ..................................13
15.0 Blasting ..........................................................................................................................13
16.0 Metropolitan Plan Review Costs, Construction Costs and Billing....................................14
16.1 Plan Review Costs......................................................................................................14
16.2 Cost of Modification of Facilities Performed by Metropolitan .......................................14
16.3 Final Billing .................................................................................................................14
17.0 Street Vacations and Reservation of Easements for Metropolitan ..................................14
18.0 Metropolitan Land Use Guidelines..................................................................................14
19.0 Compliance with Environmental Laws and Regulations..................................................15
20.0 Paramount Rights / Metropolitan’s Rights within Existing Rights-of-Way ........................17
21.0 Disclaimer and Information Accuracy .............................................................................17 Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Table of Contents
Issue Date: July 2018
Table 1: General Guidelines for Pipeline Separation between Metropolitan’s Pipeline1 and Sanitary Sewer2 or Hazardous Fluid Pipeline3
...........................................................18 Table 2: General Guidelines for Pipeline “Separation between Metropolitan’s Pipeline1 and Storm Drain and/or Recycled Water2 ........................................................................19 Table 3: General Guidelines for Pipeline “Separation1 between Metropolitan’s Pipeline and Recycled Water2,4 Irrigationsm,.................................................................................20 Figure 1: AASHTO H-20 Loading..............................................................................................21 Figure 2: Drawing SK-1 .............................................................................................................22 Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018
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1.0 GENERAL INFORMATION
Note: Underground Service Alert at 811 must be notified at least two working days before excavating in proximity to Metropolitan’s facilities.
1.1 Introduction
These guidelines provide minimum design and construction requirements for any utilities, facilities, developments, and improvements, or any other projects or activities, proposed in or near Metropolitan Water District of Southern California (Metropolitan) facilities and rights-of-way. Additional conditions and stipulations may also be required depending on project and site specific conditions. Any adverse impacts to Metropolitan’s conveyance system, as determined by Metropolitan, will need to be mitigated to its satisfaction.
All improvements and activities must be designed so as to allow for removal or relocation at builder or developer expense, as set forth in the paramount rights provisions of Section 20.0. Metropolitan shall not be responsible for repair or replacement of improvements, landscaping or vegetation in the event Metropolitan exercises its paramount rights powers.
1.2 Submittal and Review of Project Plans/Utilities and Maps Metropolitan requires project plans/utilities be submitted for all proposed activities that may impact Metropolitan’s facilities or rights-of-way. Project plans shall include copies of all pertinent utilities, sewer line, storm drain, street improvement, grading, site development, landscaping, irrigation and other plans, all tract and parcel maps, and all necessary state and federal environmental documentation. Metropolitan will review the project plans and provide written approval, as it pertains to Metropolitan’s facilities and rights-of-way. Written approval from Metropolitan must be obtained, prior to the start of any activity or construction in the area of Metropolitan’s facilities or rights-of-way. Once complete project plans and supporting documents are submitted to Metropolitan, it generally takes 30 days to review and to prepare a detailed written response. Complex engineering plans that have the potential for significant impacts on Metropolitan’s facilities or rights-of-way may require a longer review time.
Project plans, maps, or any other information should be submitted to Metropolitan’s Substructures Team at the following mailing address:
Attn: Substructures Team
The Metropolitan Water District of Southern California
700 North Alameda St.
Los Angeles, CA 90012
General Mailing Address: P.O. Box 54153
Los Angeles, CA 90054-0153
Email: [email protected]
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 2 of 22
For additional information, or to request prints of detailed drawings for Metropolitan’s facilities and rights-of-way, please contact Metropolitan’s Substructures Team at 213- 217-7663 or [email protected].
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 3 of 22
1.3 Identification of Metropolitan’s Facilities and Rights-of-Way Metropolitan’s facilities and rights-of-way must be fully shown and identified as Metropolitan’s, with official recording data, on the following:
A. All applicable plans
B. All applicable tract and parcel maps
Metropolitan’s rights-of-ways and existing survey monuments must be tied dimensionally to the tract or parcel boundaries. Metropolitan’s Records of Survey must be referenced on the tract and parcel maps with the appropriate Book and Page.
2.0 General Requirements
2.1 Vehicular Access
Metropolitan must have vehicular access along its rights-of-way at all times for routine inspection, patrolling, operations, and maintenance of its facilities and construction activities. All proposed improvements and activities must be designed so as to accommodate such vehicular access.
2.2 Fences
Fences installed across Metropolitan’s rights-of-way must include a 16-foot-wide gate to accommodate vehicular access by Metropolitan. Additionally, gates may be required at other specified locations to prevent unauthorized entry into Metropolitan’s rights-of-way.
All gates must accommodate a Metropolitan lock or Knox-Box with override switch to allow Metropolitan unrestricted access. There should be a minimum 20-foot setback for gates from the street at the driveway approach. The setback is necessary to allow Metropolitan vehicles to safely pull off the road prior to opening the gate.
2.3 Driveways and Ramps
Construction of 16-foot-wide commercial-type driveway approaches is required on both sides of all streets that cross Metropolitan’s rights-of-way. Access ramps, if necessary, must be a minimum of 16 feet wide.
There should be a minimum 20-foot setback for gates from the street at the driveway approach. Grades of ramps and access roads must not exceed 10 percent; if the slope of an access ramp or road must exceed 10 percent due to topography, then the ramp or road must be paved.
2.4 Walks, Bike Paths, and Trails
All walkways, bike paths, and trails along Metropolitan’s rights-of-way must be a minimum 12-foot wide and have a 50-foot or greater radius on all horizontal curves if also used as Metropolitan’s access roads. Metropolitan’s access routes, including all walks and drainage facilities crossing the access routes, must be constructed to American Association of State Highway and Transportation Officials (AASHTO) H-20 loading standards (see Figure 1). Additional requirements will be placed on equestrian trails to protect the water quality of Metropolitan’s pipelines and facilities.
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2.5 Clear Zones
A 20-foot-wide clear zone is required to be maintained around Metropolitan’s manholes and other above-ground facilities to accommodate vehicular access and maintenance.
The clear zone should slope away from Metropolitan’s facilities on a grade not to exceed 2 percent.
2.6 Slopes
Cut or fill slopes proposed within Metropolitan’s rights-of-way must not exceed 10 percent. The proposed grade must not worsen the existing condition. This restriction is required to facilitate Metropolitan use of construction and maintenance equipment and allow uninhibited access to above-ground and below-ground facilities.
2.7 Structures
Construction of structures of any type is not allowed within the limits of Metropolitan’s rights-of-way to avoid interference with the operation and maintenance of Metropolitan’s facilities and possible construction of future facilities.
Footings and roof eaves of any proposed buildings adjacent to Metropolitan’s rights-ofway must meet the following criteria:
A. Footings and roof eaves must not encroach onto Metropolitan’s rights-of-way.
B. Footings must not impose any additional loading on Metropolitan’s facilities.
C. Roof eaves must not overhang onto Metropolitan’s rights-of-way.
Detailed plans of footings and roof eaves adjacent to Metropolitan’s rights-of-way must be submitted for Metropolitan’s review and written approval, as pertains to Metropolitan’s facilities.
2.8 Protection of Metropolitan Facilities
Metropolitan facilities within its rights-of-way, including pipelines, structures, manholes, survey monuments, etc., must be protected from damage by the project proponent or property owner, at no expense to Metropolitan. The exact location, description and method of protection must be shown on the project plans.
2.9 Potholing of Metropolitan Pipelines
Metropolitan’s pipelines must be potholed in advance, if the vertical clearance between a proposed utility and Metropolitan’s pipeline is indicated to be 4 feet or less. A Metropolitan representative must be present during the potholing operation and will assist in locating the pipeline. Notice is required, a minimum of three working days, prior to any potholing activity.
2.10 Jacked Casings or Tunnels
A. General Requirements
Utility crossings installed by jacking, or in a jacked casing or tunnel under/over a Metropolitan pipeline, must have at least 3 feet of vertical clearance between the outside diameter of the pipelines and the jacked pipe, casing, or tunnel. The actual Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 5 of 22
cover over Metropolitan’s pipeline shall be determined by potholing, under Metropolitan’s supervision.
Utilities installed in a jacked casing or tunnel must have the annular space between the utility and the jacked casing or tunnel filled with grout. Provisions must be made for grouting any voids around the exterior of the jacked pipe, casing, or tunnel.
B. Jacking or Tunneling Procedures
Detailed jacking, tunneling, or directional boring procedures must be submitted to Metropolitan for review and approval. The procedures must cover all aspects of operation, including, but not limited to, dewatering, ground control, alignment control, and grouting pressure. The submittal must also include procedures to be used to control sloughing, running, or wet ground, if encountered. A minimum 10-foot clearance must be maintained between the face of the tunneling or receiving pits and outside edges of Metropolitan’s facility.
C. Shoring
Detailed drawings of shoring for jacking or receiving pits must be submitted to Metropolitan for review and written-approval. (See Section 10 for shoring requirements).
D. Temporary Support
Temporary support of Metropolitan’s pipelines may be required when a utility crosses under a Metropolitan pipeline and is installed by means of an open trench. Plans for temporary support must be reviewed and approved in writing by Metropolitan. (See Section 11, Supports of Metropolitan Facilities).
3.0 Landscaping
3.1 Plans
All landscape plans must show the location and limits of Metropolitan’s right-of-way and the location and size of Metropolitan’s pipeline and related facilities therein. All landscaping and vegetation shall be subject to removal without notice, as may be required by Metropolitan for ongoing maintenance, access, repair, and construction activities. Metropolitan will not be financially responsible for the removal of any landscaping and vegetation.
3.2 Drought-Tolerant Native and California Friendly Plants Metropolitan recommends use of drought-tolerant native and California Friendly® plants (excluding sensitive plants) on proposed projects. For more information regarding California Friendly® plants refer to www.bewaterwise.com.
3.3 Trees
Trees are generally prohibited within Metropolitan’s rights-of-way as they restrict Metropolitan’s ability to operate, maintain and/or install new pipeline(s) located within these rights-of-way. Metropolitan will not be financially responsible for the removal and replacement of any existing trees should they interfere with access and any current or future Metropolitan project located within the right-of-way.
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3.4 Other Vegetation
Shrubs, bushes, vines, and groundcover are generally allowed within Metropolitan’s rights-of-way. Larger shrubs are not allowed on Metropolitan fee properties; however, they may be allowed within its easements if planted no closer than 15 feet from the outside edges of existing or future Metropolitan facilities. Only groundcover is allowed to be planted directly over Metropolitan pipeline, turf blocks or similar is recommended to accommodate our utility vehicle access. Metropolitan will not be financially responsible for the removal and replacement of the vegetation should it interfere with access and any current or future Metropolitan project.
3.5 Irrigation
Irrigation systems are acceptable within Metropolitan’s rights-of-way, provided valves and controllers are located near the edges of the right-of-way and do not interfere with Metropolitan vehicular access. A shutoff valve should also be located along the edge of the right-of-way that will allow the shutdown of the system within the right-of-way should Metropolitan need to do any excavation. No pooling or saturation of water above Metropolitan’s pipeline and right-of-way is allowed. Additional restrictions apply to nonpotable water such as Recycled Water and are covered on Table 3 of Page 20.
3.6 Metropolitan Vehicular Access
Landscape plans must show Metropolitan vehicular access to Metropolitan’s facilities and rights-of-way and must be maintained by the property owner or manager or homeowners association at all times. Walkways, bike paths, and trails within Metropolitan’s rights-of-way may be used as Metropolitan access routes. (See Section
2.4, Walks, Bike Paths, and Trails).
4.0 General Utilities
Note: For non-potable piping like sewer, hazardous fluid, storm drain, disinfected tertiary recycled water and recycled water irrigation see Table 1 through Table 3.
4.1 Utility Structures
Permanent utility structures (e.g., manholes, power poles, pull boxes, electrical vaults, etc.) are not allowed within Metropolitan’s rights-of-way. Metropolitan requests that all permanent utility structures within public streets be placed as far from its pipelines and facilities as practical, but not closer than 5 feet from the outside edges of Metropolitan facilities.
Note: Non-potable utility pipelines are an exception to the 5-foot minimum clearance.
Non-potable utility pipelines should have 10 feet of separation.
4.2 Utility Crossings
Metropolitan requests a minimum of 1 foot of vertical clearance between Metropolitan’s pipeline and any utility crossing the pipeline. Utility lines crossing Metropolitan’s pipelines must be as perpendicular to the pipeline as possible. Cross-section drawings, showing proposed locations and elevations of utility lines and locations of Metropolitan’s pipelines and limits of rights-of-way, must be submitted with utility plans, for all Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 7 of 22
crossings. Metropolitan’s pipeline must be potholed under Metropolitan’s supervision at the crossings (See Section 2.9).
4.3 Longitudinal Utilities
Installation of longitudinal utilities is generally not allowed along Metropolitan’s rights-ofway. Within public streets, Metropolitan requests that all utilities parallel to Metropolitan’s pipelines and appurtenant structures (facilities) be located as far from the facilities as possible, with a minimum clearance of 5 feet from the outside edges of the pipeline.
Note: Non-potable utility pipelines are an exception to the 5-foot minimum clearance.
Non-potable utility pipelines should have 10 feet of separation (for more information See Table 1 on Page 18).
4.4 Underground Electrical Lines
Underground electrical conduits (110 volts or greater) which cross a Metropolitan’s pipeline must have a minimum of 1 foot of vertical clearance between Metropolitan’s pipeline and the electrical lines. Longitudinal electrical lines, including pull boxes and vaults, in public streets should have a minimum separation of 5 feet from the edge of a Metropolitan pipeline or structures.
4.5 Fiber Optic Lines
Fiber optic lines installed by directional boring require a minimum of 3 feet of vertical clearance when boring is over Metropolitan’s pipelines and a minimum of 5 feet of vertical clearance when boring is under Metropolitan’s pipelines. Longitudinal fiber optic lines, including pull boxes, in public streets should have a minimum separation of 5 feet from the edge of a Metropolitan pipelines or structures. Potholing must be performed, under Metropolitan’s supervision, to verify the vertical clearances are maintained.
4.6 Overhead Electrical and Telephone Lines
Overhead electrical and telephone lines, where they cross Metropolitan’s rights-of-way, must have a minimum 35 feet of clearance, as measured from the ground to the lowest point of the overhead line. Overhead electrical lines poles must be located at least 30 feet laterally from the edges of Metropolitan’s facilities or outside Metropolitan’s rightof-way, whichever is greater.
Longitudinal overhead electrical and or telephone lines in public streets should have a minimum separation of 10 feet from the edge of a Metropolitan pipelines or structures where possible.
4.7 Sewage Disposal Systems
Sewage disposal systems, including leach lines and septic tanks, must be a minimum of 100 feet from the outside limits of Metropolitan’s rights-of-way or the edge of its facilities, whichever is greater. If soil conditions are poor, or other adverse site-specific conditions exist, a minimum distance of 150 feet is required. They must also comply with local and state health code requirements as they relate to sewage disposal systems in proximity to major drinking water supply pipelines.
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4.8 Underground Tanks
Underground tanks containing hazardous materials must be a minimum of 100 feet from the outside limits of Metropolitan’s rights-of-way or edge of its facilities, whichever is greater. In addition, groundwater flow should be considered with the placement of underground tanks down-gradient of Metropolitan’s facilities.
5.0 Specific Utilities: Non-Potable Utility Pipelines
In addition to Metropolitan’s general requirements, installation of non-potable utility pipelines (e.g., storm drains, sewers, and hazardous fluids pipelines) in Metropolitan's rights-of-way and public street rights-of-way must also conform to the State Water Resources Control Board’s Division of Drinking Water (DDW) regulation (Waterworks Standards) and guidance for separation of water mains and non-potable pipelines and to applicable local county health code requirements. Written approval is required from DDW for the implementation of alternatives to the Waterworks Standards and, effective December 14, 2017, requests for alternatives to the Waterworks Standards must include information consistent with: DDW’s Waterworks Standards Main Separation Alternative Request Checklist.
In addition to the following general guidelines, further review of the proposed project must be evaluated by Metropolitan and requirements may vary based on site specific conditions.
A. Sanitary Sewer and Hazardous Fluids (General Guideline See Table 1 on Page 18) B. Storm Drain and Recycled Water (General Guideline See Table 2 on Page 19) C. Irrigation with Recycled Water (General Guideline See Table 3 on Page 20) D. Metropolitan generally does not allow Irrigation with recycled water to be applied directly above its treated water pipelines
E. Metropolitan requests copies of project correspondence with regulating agencies (e.g., Regional Water Quality Control Board, DDW); regarding the application of recycled water for all projects located on Metropolitan’s rights-of-way
6.0 Cathodic Protection/Electrolysis Test Stations
6.1 Metropolitan Cathodic Protection
Metropolitan’s existing cathodic protection facilities in the vicinity of any proposed work must be identified prior to any grading or excavation. The exact location, description, and type of protection must be shown on all project plans. Please contact Metropolitan for the location of its cathodic protection stations.
6.2 Review of Cathodic Protection Systems
Metropolitan must review any proposed installation of impressed-current cathodic protection systems on pipelines crossing or paralleling Metropolitan’s pipelines to determine any potential conflicts with Metropolitan’s existing cathodic protection system.
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7.0 Drainage
7.1 Drainage Changes Affecting Metropolitan Rights-of-Way Changes to existing drainage that could affect Metropolitan’s rights-of-way require Metropolitan’s approval. The project proponent must provide acceptable solutions to ensure Metropolitan’s rights-of-way are not negatively affected by changes in the drainage conditions. Plans showing the changes, with a copy of a supporting hydrology report and hydraulic calculations, must be submitted to Metropolitan for review and approval. Long term maintenance of any proposed drainage facilities must be the responsibility of the project proponent, City, County, homeowner’s association, etc., with a clear understanding of where this responsibility lies. If drainage must be discharged across Metropolitan’s rights-of-way, it must be carried across by closed conduit or lined open channel and must be shown on the plans.
7.2 Metropolitan’s Blowoff and Pumpwell Structures
Any changes to the existing local watercourse systems will need to be designed to accommodate Metropolitan’s blowoff and pumpwell structures, which periodically convey discharged water from Metropolitan’s blowoff and pumping well structures during pipeline dewatering. The project proponents’ plans should include details of how these discharges are accommodated within the proposed development and must be submitted to Metropolitan for review and approval. Any blowoff discharge lines impacted must be modified accordingly at the expense of the project proponent.
8.0 Grading and Settlement
8.1 Changes in Cover over Metropolitan Pipelines
The existing cover over Metropolitan’s pipelines must be maintained unless Metropolitan determines that proposed changes in grade and cover do not pose a hazard to the integrity of the pipeline or an impediment to its maintenance capability. Load and settlement or rebound due to change in cover over a Metropolitan pipeline or ground in the area of Metropolitan’s rights-of-way will be factors considered by Metropolitan during project review.
In general, the minimum cover over a Metropolitan pipeline is 4 feet and the maximum cover varies per different pipeline. Any changes to the existing grade may require that Metropolitan’s pipeline be potholed under Metropolitan’s supervision to verify the existing cover.
8.2 Settlement
Any changes to the existing topography in the area of Metropolitan’s pipeline or right-ofway that result in significant settlement or lateral displacement of Metropolitan’s pipelines are not acceptable. Metropolitan may require submittal of a soils report showing the predicted settlement of the pipeline at 10-foot intervals for review. The data must be carried past the point of zero change in each direction and the actual size and varying depth of the fill must be considered when determining the settlement. Possible settlement due to soil collapse, rebound and lateral displacement must also be included.
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In general, the typical maximum allowed deflection for Metropolitan’s pipelines must not exceed a deflection of 1/4-inch for every 100 feet of pipe length. Metropolitan may require additional information per its Geotechnical Guidelines. Please contact Metropolitan’s Substructures Team for a copy of the Geotechnical Guidelines.
9.0 Construction Equipment
9.1 Review of Proposed Equipment
Use of equipment across or adjacent to Metropolitan’s facilities is subject to prior review and written approval by Metropolitan. Excavation, backfill, and other work in the vicinity of Metropolitan’s facilities must be performed only by methods and with equipment approved by Metropolitan. A list of all equipment to be used must be submitted to Metropolitan a minimum of 30 days before the start of work.
A. For equipment operating within paved public roadways, equipment that imposes loads not greater than that of an AASHTO H-20 vehicle (see Figure 1 on Page 21) may operate across or adjacent to Metropolitan’s pipelines provided the equipment operates in non-vibratory mode and the road remains continuously paved.
B. For equipment operating within unpaved public roadways, when the total cover over Metropolitan’s pipeline is 10 feet or greater, equipment imposing loads no greater than those imposed by an AASHTO H-20 vehicle may operate over or adjacent to the pipeline provided the equipment is operated in non-vibratory mode. For crossings, vehicle path shall be maintained in a smooth condition, with no breaks in grade for 3 vehicle lengths on each side of the pipeline.
9.2 Equipment Restrictions
In general, no equipment may be used closer than 20 feet from all Metropolitan aboveground structures. The area around the structures should be flagged to prevent equipment encroaching into this zone.
9.3 Vibratory Compaction Equipment
Vibratory compaction equipment may not be used in vibratory mode within 20 feet of the edge of Metropolitan’s pipelines.
9.4 Equipment Descriptions
The following information/specifications for each piece of equipment should be included on the list:
A. A description of the equipment, including the type, manufacturer, model year, and model number. For example, wheel tractor-scraper, 1990 Caterpillar 627E.
B. The empty and loaded total weight and the corresponding weight distribution. If equipment will be used empty only, it should be clearly stated.
C. The wheel base (for each axle), tread width (for each axle), and tire footprint (width and length) or the track ground contact (width and length), and track gauge (center to center of track).
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10.0 Excavations Close to Metropolitan Facilities
10.1 Shoring Design Submittal
Excavation that impacts Metropolitan’s facilities requires that the contractor submit an engineered shoring design to Metropolitan for review and acceptance a minimum of 30 days before the scheduled start of excavation. Excavation may not begin until the shoring design is accepted in writing by Metropolitan.
Shoring design submittals must include all required trenches, pits, and tunnel or jacking operations and related calculations. Before starting the shoring design, the design engineer should consult with Metropolitan regarding Metropolitan’s requirements, particularly as to any special procedures that may be required.
10.2 Shoring Design Requirements
Shoring design submittals must be stamped and signed by a California registered civil or structural engineer. The following requirements apply:
A. The submitted shoring must provide appropriate support for soil adjacent to and under Metropolitan’s facilities.
B. Shoring submittals must include detailed procedures for the installation and removal of the shoring.
C. Design calculations must follow the Title 8, Chapter 4, Article 6 of the California Code of Regulations (CCR) guidelines. Accepted methods of analysis must be used.
D. Loads must be in accordance with the CCR guidelines or a soils report by a geotechnical consultant.
E. All members must be secured to prevent sliding, falling, or kickouts.
Metropolitan’s pipelines must be located by potholing under Metropolitan’s supervision before the beginning construction. Use of driven piles within 20 feet of the centerline of Metropolitan’s pipeline is not allowed. Piles installed in drilled holes must have a minimum 2-foot clearance between Metropolitan’s pipeline and the edge of the drilled hole, and a minimum of 1-foot clearance between any part of the shoring and Metropolitan’s pipeline.
11.0 Support of Metropolitan Facilities
11.1 Support Design Submittal
If temporary support of a Metropolitan facility is required, the contractor shall submit a support design plan to Metropolitan for review and approval a minimum of 30 days before the scheduled start of work. Work may not begin until the support design is approved in writing by Metropolitan. Before starting design, the design engineer should consult with Metropolitan regarding Metropolitan’s requirements.
11.2 Support Design Requirements
Support design submittals must be prepared, stamped, and signed by a California registered civil or structural engineer. The following requirements apply:
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A. Support drawings must include detailed procedures for the installation and removal of the support system.
B. Design calculations must follow accepted practices, and accepted methods of analysis must be used.
C. Support designs must show uniform support of Metropolitan’s facilities with minimal deflection.
D. The total weight of the facility must be transferred to the support system before supporting soil is fully excavated.
E. All members must be secured to prevent sliding, falling, or kickouts.
12.0 Backfill
12.1 Metropolitan Pipeline Not Supported
In areas where a portion of Metropolitan pipeline is not supported during construction, the backfill under and to an elevation of 6 inches above the top of the pipeline must be one-sack minimum cement sand slurry. To prevent adhesion of the slurry to Metropolitan’s pipeline, a minimum 6-mil-thick layer of polyethylene sheeting or similar approved sheeting must be placed between the concrete support and the pipeline.
12.2 Metropolitan Pipeline Partially Exposed
In areas where a Metropolitan pipeline is partially exposed during construction, the backfill must be a minimum of 6 inches above the top of the pipeline with sand compacted to minimum 90 percent compaction.
12.3 Metropolitan Cut and Cover Conduit on Colorado River Aqueduct (CRA) In areas where a Metropolitan cut and cover conduit is exposed, the following guidelines apply:
A. No vehicle or equipment shall operate over or cross the conduit when the cover is less than 3 feet.
B. Track-type dozer with a gross vehicle weight of 12,000 lbs or less may be used over the conduit when the cover is a minimum of 3 feet.
C. Wheeled vehicles with a gross vehicle weight of 8,000 lbs or less may operate over the conduit when the cover is a minimum of 4 feet.
D. Tracked dozer or wheeled vehicle should be used to push material over the conduit from the side.
E. Tracked dozer or wheeled vehicle should gradually increase cover on one side of the conduit and then cross the conduit and increase cover on the other side of the conduit. The cover should be increased on one side of the conduit until a maximum of 2 feet of fill has been placed. The cover over the conduit is not allowed to be more than 2 feet higher on one side of the conduit than on the other side.
F. The cover should be gradually increased over the conduit until the grade elevations have been restored.
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13.0 Piles
13.1 Impacts on Metropolitan Pipelines
Pile support for structures could impose lateral, vertical and seismic loads on Metropolitan’s pipelines. Since the installation of piles could also cause settlement of Metropolitan pipelines, a settlement and/or lateral deformation study may be required for pile installations within 50 feet of Metropolitan’s pipelines. Metropolitan may require additional information per its Geo-technical Guidelines for pile installation. Please contact Metropolitan’s Substructures Team for a copy of the Geotechnical Guidelines.
13.2 Permanent Cast-in-place Piles
Permanent cast-in-place piles must be constructed so that down drag forces of the pile do not act on Metropolitan’s pipeline. The pile must be designed so that down drag forces are not developed from the ground surface to springline of Metropolitan’s pipeline.
Permanent cast-in-place piles shall not be placed closer than 5 feet from the edge of Metropolitan’s pipeline. Metropolitan may require additional information per its Geotechnical Guidelines for pile installation. Please contact Metropolitan’s Substructures Team for a copy of the Geotechnical Guidelines.
14.0 Protective Slabs for Road Crossings Over Metropolitan Pipelines Protective slabs must be permanent cast-in-place concrete protective slabs configured in accordance with Drawing SK-1 (See Figure 2 on Page 22).
The moments and shear for the protective slab may be derived from the American Association of State Highway and Transportation Officials (AASHTO). The following requirements apply:
A. The concrete must be designed to meet the requirements of AASHTO B. Load and impact factors must be in accordance with AASHTO. Accepted methods of analysis must be used.
C. The protective slab design must be stamped and signed by a California registered civil or structural engineer and submitted to Metropolitan with supporting calculations for review and approval.
Existing protective slabs that need to be lengthened can be lengthened without modification, provided the cover and other loading have not been increased.
15.0 Blasting
At least 90 days prior to the start of any drilling for rock excavation blasting, or any blasting in the vicinity of Metropolitan’s facilities, a site-specific blasting plan must be submitted to Metropolitan for review and approval. The plan must consist of, but not be limited to, hole diameters, timing sequences, explosive weights, peak particle velocities (PPV) at Metropolitan pipelines/structures, and their distances to blast locations. The PPV must be estimated based on a site-specific power law equation. The power law equation provides the peak particle velocity versus the scaled distance and must be calibrated based on measured values at the site.
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16.0 Metropolitan Plan Review Costs, Construction Costs and Billing
16.1 Plan Review Costs
Metropolitan plan reviews requiring 8 labor hours or less are generally performed at no cost to the project proponent. Metropolitan plan reviews requiring more than 8 labor hours must be paid by the project proponent, unless the project proponent has superior rights at the project area. The plan review will include a written response detailing Metropolitan’s comments, requirements, and/or approval.
A deposit of funds in the amount of the estimated cost and a signed letter agreement will be required from the project proponent before Metropolitan begins or continues a detailed engineering plan review that exceeds 8 labor hours.
16.2 Cost of Modification of Facilities Performed by Metropolitan Cost of modification work conducted by Metropolitan will be borne by the project proponent, when Metropolitan has paramount/prior rights at the subject location.
Metropolitan will transmit a cost estimate for the modification work to be performed (when it has paramount/prior rights) and will require that a deposit, in the amount of the estimate, be received before the work will be performed.
16.3 Final Billing
Final billing will be based on the actual costs incurred, including engineering plan review, inspection, materials, construction, and administrative overhead charges calculated in accordance with Metropolitan’s standard accounting practices. If the total cost is less than the deposit, a refund will be made; however, if the cost exceeds the deposit, an invoice for the additional amount will be forwarded for payment.
17.0 Street Vacations and Reservation of Easements for Metropolitan A reservation of an easement is required when all or a portion of a public street where Metropolitan facilities are located is to be vacated. The easement must be equal to the street width being vacated or a minimum 40 feet. The reservation must identify Metropolitan as a “public entity” and not a “public utility,” prior to recordation of the vacation or tract map. The reservation of an easement must be submitted to Metropolitan for review prior to final approval.
18.0 Metropolitan Land Use Guidelines
If you are interested in obtaining permission to use Metropolitan land (temporary or long term), a Land Use Form must be completed and submitted to Metropolitan for review and consideration.
A nonrefundable processing fee is required to cover Metropolitan’s costs for reviewing your request. Land Use Request Forms can be found at:
http://mwdh2o.com/PDF Doing Your Business/4.7.1 Land Use Request form revised.pdf The request should be emailed to [email protected],or contact the Real Property Development and Management (RPDM) Group at (213) 217-7750.
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After the initial application form has been submitted, Metropolitan may require the following in order to process your request:
A. A map indicating the location(s) where access is needed, and the location & size (height, width and depth) of any invasive subsurface activity (boreholes, trenches, etc.).
B. The California Environmental Quality Act (CEQA) document(s) or studies that have been prepared for the project (e.g., initial study, notice of exemption, Environmental Impact Report (EIR), Mitigated Negative Declaration (MND), etc.).
C. A copy of an ACORD insurance certification naming Metropolitan as an additional insured, or a current copy of a statement of self-insurance.
D. Confirmation of the legal name of the person(s) or entity(ies) that are to be named as the permittee(s) in the entry permit.
E. Confirmation of the purpose of the land use.
F. The name of the person(s) with the authority to sign the documents and any specific signature title block requirements for that person or any other persons required to sign the document (i.e., legal counsel, Board Secretary/Clerk, etc.).
G. A description of any vehicles that will have access to the property. The exact make or model information is not necessary; however, the general vehicle type, expected maximum dimensions (height, length, width), and a specific maximum weight must be provided.
Land use applications and proposed use of the property must be compatible with Metropolitan’s present and/or future use of the property. Any preliminary review of your request by Metropolitan shall not be construed as a promise to grant any property rights for the use of Metropolitan’s property.
19.0 Compliance with Environmental Laws and Regulations As a public agency, Metropolitan is required to comply with all applicable environmental laws and regulations related to the activities it carries out or approves. Consequently, project plans, maps, and other information must be reviewed to determine Metropolitan’s obligations pursuant to state and federal environmental laws and regulations, including, but not limited to:
A. California Environmental Quality Act (CEQA) (Public Resources Code 21000-21177) and the State CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 1500-15387)
B. Federal Endangered Species Act (ESA) of 1973, 16 U.S.C. §§ 1531, et seq.
C. California Fish and Game Code Sections 2050-2069 (California ESA) D. California Fish and Game Code Section 1602
E. California Fish and Game Code Sections 3511, 4700, 5050 and 5515 (California fully protected species)
F. Federal Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703-712 G. Federal Clean Water Act (including but not limited to Sections 404 and 401) 33 U.S.C. §§ 1342, 1344)
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H. Porter Cologne Water Quality Control Act of 1969, California Water Code §§ 13000- 14076.
I. Title 22, California Code of Regulations, Chapter 16 (California Waterworks Standards), Section 64572 (Water Main Separation)
Metropolitan may require the project applicant to pay for any environmental review, compliance and/or mitigation costs incurred to satisfy such legal obligations.
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20.0 Paramount Rights / Metropolitan’s Rights within Existing Rightsof-Way Facilities constructed within Metropolitan’s rights-of-way shall be subject to the paramount right of Metropolitan to use its rights-of-way for the purpose for which they were acquired. If at any time Metropolitan or its assigns should, in the exercise of their rights, find it necessary to remove or relocate any facilities from its rights-of-way, such removal and replacement or relocation shall be at the expense of the owner of the facility.
21.0 Disclaimer and Information Accuracy
Metropolitan assumes no responsibility for the accuracy of the substructure information herein provided. The user assumes responsibility for verifying substructure locations before excavating and assumes all liability for damage to Metropolitan’s facilities as a result of such excavation.
Additionally, the user is cautioned to conduct surveys and other field investigations as you may deem prudent, to assure that your project plans are correct. The relevant representative from Metropolitan must be called at least two working days, before any work activity in proximity to Metropolitan’s facilities.
It generally takes 30 days to review project plans and provide written responses. Metropolitan reserves the right to modify requirements based on case-specific issues and regulatory developments.
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Table 1: General Guidelines for Pipeline Separation between Metropolitan’s Pipeline1 and Sanitary Sewer2 or Hazardous Fluid Pipeline3
Pipeline Crossings Metropolitan requires that sanitary sewer and hazardous fluid pipelines that cross Metropolitan’s pipelines have special pipe construction (no joints) and secondary containment4
. This is required
for the full width of Metropolitan’s rights-of-way or within 10 feet tangent to the outer edges of Metropolitan’s pipeline within public streets. Additionally, sanitary sewer and hazardous fluid pipelines crossing Metropolitan’s pipelines must be perpendicular and maintain a minimum 1-foot vertical clearance between the top and the bottom of Metropolitan’s pipeline and the pipe casing.
These requirements apply to all sanitary sewer crossings regardless if the sanitary sewer main is located below or above Metropolitan’s pipeline.
Parallel Pipeline Metropolitan generally does not permit the installation of longitudinal pipelines along its rights-of-way. Within public streets, Metropolitan requires that all parallel sanitary sewer, hazardous fluid pipelines and/or non-potable utilities be located a minimum of 10 feet from the outside edges of Metropolitan’s pipelines. When 10-foot horizontal separation criteria cannot be met, longitudinal pipelines require special pipe construction (no joints) and secondary containment4 .
Sewer Manhole Sanitary sewer manholes are not allowed within Metropolitan’s rights-of-way. Within public streets, Metropolitan requests manholes parallel to its pipeline be located a minimum of 10 feet from the outside edges of its pipelines. When 10 foot horizontal separation criteria cannot be met, the structure must have secondary containment5
.
Notes:
1 Separation distances are measured from the outer edges of each pipe. 2 Sanitary sewer requirements apply to all recycled water treated to less than disinfected tertiary recycled water (disinfected secondary recycled water or less). Recycled water definitions are included in Title 22, California Code of Regulations, Chapter 3 (Water Recycling Criteria), Section 60301. 3 Hazardous fluids include e.g., oil, fuels, chemicals, industrial wastes, wastewater sludge, etc. 4 Secondary Containment for Pipeline - Secondary containment consists of a continuous pipeline sleeve (no joints).
Examples acceptable to Metropolitan include welded steel pipe with grout in annular space and cathodic protection (unless coated with non-conductive material) and High Density Polyethylene (HDPE) pipe with fusion-welded joints. 5 Secondary Containment for Structures – Secondary containment consists of external HDPE liner or other approved method.
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 19 of 22
Table 2: General Guidelines for Pipeline Separation between Metropolitan’s Pipeline1 and Storm Drain and/or Disinfected Tertiary Recycled Water2 Pipeline Crossings Metropolitan requires crossing pipelines to be special pipe construction (no joints) or have secondary containment3 within 10-feet tangent to the outer edges of Metropolitan’s pipeline.
Additionally, pipelines crossing Metropolitan’s pipelines must be perpendicular and maintain a minimum 1-foot vertical clearance.
Parallel Pipeline Metropolitan generally does not permit the installation of longitudinal pipelines along its rights-of-way. Within public streets, Metropolitan requests that all parallel pipelines be located a minimum of 10 feet from the outside edges of
Metropolitan’s pipelines. When 10-foot horizontal separation criteria cannot be met, special pipe construction (no joints) or secondary containment3 are required.
Storm Drain
Manhole
Permanent utility structures (e.g., manhole. catch basin, inlets) are not allowed within Metropolitan’s rights-of-way. Within public streets, Metropolitan requests all structures parallel to its pipeline be located a minimum of 10 feet from the outside edges of its pipelines. When 10 foot horizontal separation criteria cannot be met, the structure must have secondary containment4
.
Notes:
1 Separation distances are measured from the outer edges of each pipe. 2 Disinfected tertiary recycled water as defined in Title 22, California Code of Regulations, Chapter 3 (Water Recycling Criteria), Section 60301.
3 Secondary Containment for Pipeline - Secondary containment consists of a continuous pipeline sleeve (no joints).
Examples acceptable to Metropolitan include welded steel pipe with grout in annular space and cathodic protection (unless coated with non-conductive material) and High Density Polyethylene (HDPE) pipe with fusion-welded joints. 4 Secondary Containment for Structures – Secondary containment consists of external HDPE liner or other approved method.
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 20 of 22
Table 3: General Guidelines for Pipeline Separation1 between Metropolitan’s Pipeline and Recycled Water2,4 Irrigations
Pressurized recycled
irrigation mainlines • Crossings - must be perpendicular and maintain a minimum 1-foot vertical clearance. Crossing pressurized recycled irrigation mainlines must be special pipe construction (no joints) or have secondary containment3 within 10-feet tangent to the outer edges of Metropolitan’s pipeline.
• Longitudinal - must maintain a minimum 10-foot horizontal separation and route along the perimeter of Metropolitan’s rightsof-way where possible.
Intermittently
Energized Recycled
Water Irrigation
System Components
• Crossings - must be perpendicular and maintain a minimum 1-foot vertical clearance. Crossing irrigation laterals within 5-feet tangent to the outer edges of Metropolitan’s pipeline must be special pipe construction (no joints) or have secondary containment3 .
• Longitudinal – must maintain a minimum 5-foot horizontal separation between all intermittently energized recycled water irrigation system components (e.g. irrigation lateral lines, control valves, rotors) and the outer edges of Metropolitan’s pipeline.
Longitudinal irrigation laterals within 5-feet tangent to the outer edges of Metropolitan’s pipeline must be special pipe construction (no joints) or have secondary containment3
.
Irrigation Structures Irrigation structures such as meters, pumps, control valves, etc. must be located outside of Metropolitan’s rights-of-way.
Irrigation spray rotors
near Metropolitan’s
aboveground facilities
Irrigation spray rotors must be located a minimum of 20-foot from any Metropolitan above ground structures with the spray direction away from these structures. These rotors should be routinely maintained and adjusted as necessary to ensure no over-spray into 20-foot clear zones.
Irrigations near open
canals and aqueducts
Irrigation with recycled water near open canals and aqueducts will require a setback distance to be determined based on site-specific conditions. Runoff of recycled water must be contained within an approved use area and not impact Metropolitan facilities.
Appropriate setbacks must also be in place to prevent overspray of recycled water impacting Metropolitan’s facilities.
Notes:
1 Separation distances are measured from the outer edges of each pipe. 2 Requirements for recycled water irrigation apply to all levels of treatment of recycled water for non-potable uses.
Recycled water definitions are included in Title 22, California Code of Regulations, Chapter 3 (Water Recycling Criteria), Section 60301.
3 Secondary Containment for Pipeline - Secondary containment consists of a continuous pipeline sleeve (no joints).
Examples acceptable to Metropolitan include welded steel pipe with grout in annular space and cathodic protection (unless coated with non-conductive material) and High Density Polyethylene (HDPE) pipe with fusion-welded joints. 4 Irrigation with recycled water shall not be applied directly above Metropolitan’s treated water pipelines.
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 The Metropolitan Water District of Southern California IMPROVEMENTS AND CONSTRUCTION GUIDELINES Issue Date: July 2018 Page 21 of 22
Figure 1: AASHTO H-20 Loading
Note: The H loadings consist of a two-axle truck or the corresponding lane loadings as illustrated above. The H loadings are designated “H” followed by a number indicating the gross weight in tons of the standard truck.
Docusign Envelope ID: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2
Certificate Of Completion
Envelope Id: FC83EA4B-94DE-46CF-AA93-BAEF385EEAF2 Status: Completed Subject: Complete with Docusign: Brea_2050 FGPU-CSP_Comment Letter_DPEIR_3-2-2026_final draft.docx, Brea...
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700 N Alameda St
Los Angeles, CA 90012
[email protected]
IP Address: 144.166.55.172
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Metropolitan Water District
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CITY OF BREA
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR GENERAL PLAN AMENDMENT NO. 2026-01, SPECIFIC PLAN NO. 2026-01, ZONING ORDINANCE TEXT AMENDMENT NO. 2026-01, ZONE CHANGE NO. 2026-01, AND ENVIRONMENTAL IMPACT REPORT NO. 2026-01 FOR BREA 2050:
FOCUSED GENERAL PLAN UPDATE AND BREA CORE SPECIFIC PLAN.
NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a City Council Meeting on Tuesday, June 2, 2026, at 7:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:
REQUEST: The City of Brea requests the following entitlements: (1) General Plan Amendment (GPA) No. 2026-01:Focused General Plan Update to comprehensively update the City’s 2003 General Plan, including the following elements: Community Development, Community Resources, Mobility, Public Safety, and Economic Development; (2) Specific Plan (SP) No. 2026-01: to create the “Brea Core Specific Plan” to guide development within the Core Area, including new mixed-use zoning districts, mobility improvements, and implementation strategies; (3) Zoning Ordinance Text Amendment (ZOTA) No. 2026-01: to amend Title 20, Chapters 20.04, 20.11, and 20.258 of the Brea City Code (BCC) to reclassify existing mixed-use zones into new MixedUse 50 and Mixed-Use 18 zones. The amendment also refines development and objective design standards; and (4) Zone Change (ZC) No. 2026-01: to update mixed-use zoning districts and consistency with the General Plan land use map.
LOCATION: The update applies citywide and within the City’s Sphere of Influence.
PLANNING
COMMISSION
RECOMMENDATION:
At the April 28, 2026, Planning Commission meeting, the Planning Commission, on a 4 (ayes) – 1 (abstain) vote, recommended that the City Council approve the proposed project and certify the Program Environmental Impact Report (PEIR).
ENVIRONMENTAL: The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines, and a Program Environmental Impact Report (PEIR) has been prepared. A PEIR is an EIR that may be prepared for a series of actions that can be characterized as one large project, as defined by Section 15168 of the CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3). Based on analysis of the Draft PEIR, the City determined that implementation of the project would result in less than significant impacts related to aesthetics, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, public services, transportation, tribal cultural resources, utilities and service systems, and wildfire with implementation of mitigation. The PEIR identifies significant and unavoidable impacts on air quality, greenhouse gas emissions, and noise, even with the implementation of feasible mitigation measures. The Final PEIR can be accessed through the following link:
https://cityofbrea.gov/166/Projects-in-Process
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions on the matters outlined above. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAIL at [email protected].
ATTACHMENT N
IF YOU CHALLENGE THE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE
RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN
CORRESPONDENCE, DELIVERED TO THE COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING.
Victoria Popescu, City Clerk
Publish: 5/21/2026
CITYofBREA
City Council Regular Meeting
Communication
June 2, 2026
Item No. 6B.
Omnibus Code Update - Zoning Ordinance Text Amendment (ZOTA) No. 2026-02
TO PREPARED BY
Honorable Mayor and City Council Members Graham Bultema, Assistant Planner
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. Waive full reading and introduce a draft ordinance titled “An Ordinance of the City Council of the City of Brea Amending the Brea City Code by Adopting Zoning Ordinance Text Amendment No. ZOTA 2026-02 (Omnibus Code Update) (Attachment A);
2. Approve a California Environmental Quality Act (CEQA) Exemption Determination; and
3. Schedule adoption of aforementioned Ordinance at the next regular City Council meeting.
BACKGROUND/DISCUSSION
Municipal codes require periodic updates to maintain consistency with state laws, improve clarity, and better serve the public. As an effort to improve the readability and relevancy of the Brea City Code (“Code”), the City implemented an on-going work program in 2016 to continually update the Code on a regular basis, specifically focused on Title 20: Zoning Code. The last omnibus code update was completed in December 2025 and the City continued the work program to identify several provisions that require revision. The revisions will provide internal consistency and clarity within the Code, modernize to reflect good planning practices, and ensure alignment with recent updated state laws. If approved, the proposed amendments will be included in an ordinance updating 10 chapters of the Brea City Code (BCC).
Proposed Amendments
The proposed amendments can be categorized into seven topic areas. The following provides an overview of the proposed amendments, divided into topic areas:
Amendment #1: Housing Element Program #8b - Replacement Housing Requirements The Housing Element is a state-mandated chapter of the General Plan that describes, identifies, and analyzes the City’s housing needs and addresses the maintenance and expansion of the housing supply to accommodate households that currently live and/or may live in Brea in an eight-year planning period. The City’s 6th Cycle Housing Element was adopted by the City Council in August 2022 and was certified by the State Department of Housing and Community Development (HCD) in September 2022.
The 6th Cycle Housing Element is implemented through a series of housing programs. Housing Element Program #8b of the 6th Cycle Housing Element specifies the need to update the BCC, consistent with state law, to include requirements for the replacement of lost protected dwelling units of any development on sites that currently contain protected units or have had protected units which have been vacated or demolished within the past five years. A protected dwelling unit is a unit that is or was within the past five years; subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power or occupied by low or very low-income households. The intent of state law is to prevent the loss of housing units and the displacement of protected dwelling units. If protected units are proposed to be demolished, these units must be replaced by the same number of units of equivalent size and income level, consistent with state law.
A new code section is proposed which includes regulations for the replacement of lost dwelling units, consistent with the provisions of state law. This section would define protected dwelling units and would specify that the City shall not approve a development project which would result in the elimination of protected dwelling units on a housing element site or on a site that contained protected dwelling units that have been vacated or demolished within the past five years unless those units are replaced consistent with state law.
Amendment #2: Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) ADUs are complete independent housing units that can be either detached or attached to an existing singlefamily residence. JADUs are housing units that are contained entirely within a single-family residence. The State has continued to pass legislation since 2016 to further assist and support the development of ADUs.
Minor updates are proposed to these regulations to clarify existing ADU standards and ensure consistency with recent state legislation for ADUs and JADUs. This includes compliance with AB 1154, which specifies that owner occupancy shall not be required for JADUs that are proposed with separate restroom or sanitation facilities. Owner occupancy would continue to be required for JADUs that are proposed to share restroom or sanitation facilities with the primary dwelling unit. Additional clarifications address unit size and maximum height standards for ADUs.
Amendment #3: Residential Development Standards
Properties in the City are required to comply with various development standards based on the zoning of the property. Minor updates are proposed to reorganize duplicate residential development standards in residential chapters and relocate them to Chapter 20.08 – Development Standards. Relocated standards include: (1) location of accessory buildings in required yards, (2) setbacks and screening requirements for garages and carports, and (3) fences, walls, and landscaping requirements. No changes to the regulations are proposed other than reorganization of standards.
Amendment #4: Drive Aisle Width and Driveway Standards
The City’s driveway and parking aisle standards are specified in BCC Section 20.08.040.C.3. These regulations set minimum and maximum width requirements for driveway approaches from the public right-ofway onto the private property, as well as widths for drive aisles for traffic and parking circulation within private property. Updates are proposed to clarify existing standards, align with Public Works Department standards, and revise Parking Standards, Diagrams A and B to remove incorrect references.
Amendment #5: Development Standards for Free-Standing Signs The City’s Sign Code is specified in BCC Chapter 20.28 and the purpose of the Sign Code is to regulate the location, size, type, content and number of signs on properties in the community. The two main types of signs for commercial developments in non-residential zones are wall-affixed signs and free-standing signs. The purpose of these updates is to simplify existing standards for free-standing signs to be reorganized into a table for easier understanding. No changes to regulations are proposed.
Amendment #6: Land Use Regulations for Personal Services Personal services businesses are commercial establishments that provide various services of a personal nature as a primary use, ranging from cosmetic businesses to cleaning or repair businesses. There are two categories of personal services businesses defined within the BCC: (1) Personal Services, General which are common personal businesses that are allowed in all commercial and mixed-use zones, and (2) Personal Services, Limited, which includes businesses of a more limited or restricted nature such as check cashing and fortune telling which are only conditionally allowed in industrial zones. Minor updates include moving tattoo and body piercing from Personal Services, Limited to Personal Services, General, including spas offering non-surgical treatments and minimally invasive treatments within the Personal Services, General land use category, and including pawn shops within the Personal Services, Limited land use category. These revisions will assist in modernizing the code to reflect current economic and cultural conditions.
Amendment #7: Other Minor Updates
Various sections of the Code require corrections and clarification to improve internal consistency. These updates include updating residential density regulations to be consistent with the General Plan update, clarifying zoning ordinance provisions, removing incorrect references and notes, and correcting grammatical errors and inconsistencies.
Overall, these amendments are intended to provide internal consistency within the Code, modernize to reflect good planning practices, and ensure alignment with recent state laws. If adopted, these changes will enhance the clarity, efficiency, and effectiveness of the Code for both staff and the public.
The proposed amendments can be found in the draft Ordinance (Attachment A). More detailed analysis of the proposed amendments is provided in the May 12, 2026 Planning Commission staff report (Attachment B). The redlines associated with above listed amendments, which show deletions in strikethrough and additions in underlines (Redline), can be found in the Exhibit A of the Planning Commission Resolution. A table summarizing the proposed amendments as described in this Section of the report, which also provides specific section numbers of both the Redline and the draft Ordinance applying to each topic area, is provided as Attachment C.
Environmental Assessment
The Project has been assessed in accordance with the CEQA Guidelines and the environmental regulations of the City. The proposed amendment to the Code is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to comply with housing laws for replacement housing requirements, provide clarity and consistency with updated ADU and JADU state laws, reorganize residential development standards, update drive aisle widths and driveway standards, clarify and reorganize standards for free-standing signs, update land use regulations for Personal Services, and clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency. As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.
Public Notice and Comments
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received any public comments.
COMMISSION/COMMITTEE RECOMMENDATION
On May 12, 2026, the Planning Commission, on a 4-0-1 vote (ayes: Perez, Schlotterbeck, Donnini, Madden, absent: Gribble), approved a resolution recommending that the City Council approve the Project.
FISCAL IMPACT/SUMMARY
The Project is limited to the adoption of an ordinance to amend the BCC. There is no fiscal impact to the General Fund.
Attachments
Attachment A - Draft Ordinance ZOTA 2026-02.pdf
Attachment B - May 12, 2026 Planning Commission Staff Report.pdf Attachment C - Summary of Amendments Table.pdf
Attachment D - Public Hearing Notice.pdf
ATTACHMENT A
1 ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA
AMENDING THE BREA CITY CODE BY ADOPTING ZONING
ORDINANCE TEXT AMENDMENT NO. ZOTA 2026-02 (OMNIBUS CODE
UPDATE) AND APPROVING A CEQA EXEMPTION DETERMINATION
THE CITY COUNCIL OF THE CITY OF BREA DOES ORDAIN AS FOLLOWS:
A. RECITALS:
(i) Pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, safety, and welfare of the City and its residents.
(ii) Pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.) and the State of California Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”) (14 C.C.R. § 15000 et seq.), the City is the “lead agency” for the preparation and consideration of environmental documents for this Ordinance. (iii) On May 12, 2026, the Planning Commission conducted a duly noticed public hearing concerning Zoning Ordinance Text Amendment (“ZOTA”) No. 2026-02 and adopted its Resolution No. 2026-02 recommending approval by the City Council. (iv) On June 2, 2026, the City Council conducted a duly noticed public hearing concerning ZOTA No. 2026-02, as set forth in this Ordinance. It is the intent of the City Council in adopting this Ordinance to update various Zoning Code provisions to: comply with housing laws for replacement housing requirements, provide clarity and consistency with updated ADU and JADU state laws, reorganize residential development standards, update drive aisle widths and driveway standards, clarify and reorganize standards for free-standing signs, update land use regulations for Personal Services, and clarify certain 2 zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
(v) Adoption of this Ordinance is consistent with and implements the General Plan. (vi) This Ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and welfare of the community and is a valid exercise of the local police power and in accord with state law. (vii) All legal prerequisites to the adoption of this Ordinance have occurred.
B. ORDINANCE:
SECTION 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2. “Dwelling Unit” of Subdivision (4) (“D” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
Dwelling unit. One or more habitable rooms containing areas for eating and sleeping, sanitation facilities as required by the Municipal Code, and one (1) kitchen area, designed or used for the shelter or housing of one (1) or more persons. This includes structures, manufactured homes, and mobile homes.
SECTION 3. “Personal Services, General” of Subdivision (16) (“P” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
Personal services, general. Commercial establishments providing non-medical services as a primary use and may include incidental sales of products of personal nature. Typical uses include, but not limited to, beauty salons, barber shops, nail salons, dry cleaners, laundromats, tailor shops, spas (including spas that offer non-surgical and minimally invasive treatments), permanent makeup, tanning salons, tattoo and body piercing, photocopying, and other similar uses.
3 SECTION 4. “Personal Services, Limited” of Subdivision (16) (“P” words, terms and land uses) of Subsection B (Specific definitions) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
Personal services, limited. Establishments providing non-medical services of a very limited and restricted nature as a primary use. Typical uses include, but are not limited to, pawn shops, check cashing, and fortune telling.
SECTION 5. Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Section 20.08.015 (Fences, Walls, and Landscaping in Residential Zones) to read as follows:
20.08.015 Fences, walls, and landscaping in residential zones.
A. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
1. Solid fences, walls and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.
3. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way that abuts the property. All landscaped areas shall be kept free from weeds and debris, and maintained.
4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
5. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
6. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall 4 be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
7. Notwithstanding other requirements herein, retaining walls and fencing and privacy walls in the HR Hillside Residential Zone shall be subject to the provisions of § 20.206.120 and § 20.206.150.G of this title.
SECTION 6. Subsection C of Section 20.08.020 (Yards) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
C. Location of accessory buildings in required yards in residential zones.
Detached accessory buildings may be located in the required side or rear yard areas provided that said structures are not less than five (5) feet from any common property line to the wall of said structure; and provided an eave shall not project into a required side yard more than eighteen (18) inches nor into the required rear yard more than three (3) feet.
SECTION 7. Section 20.08.020 (Yards) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection D to read as follows:
D. Garages and carports in residential zones.
1. A garage with a vehicle entrance facing a street shall set back not less than twenty-three (23) feet from the property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public rightof-way line which abuts the property upon which said carport is located shall be prohibited.
2. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-three (23) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted, and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
SECTION 8. Section 20.08.020 (Yards) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II 5 (Development Code) of the Brea City Code is amended to add a new Subsection E to read as follows:
E. Yard requirements - special conditions. Churches, schools, institutions or other similar uses when permitted in any R Zone shall be located not less than twenty (20) feet from all common property lines not less than fifty (50) feet from the front property line and not less than twenty-five (25) feet from any side property line on a street.
SECTION 9. Subsection B.4 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
4. Surfacing. All parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained with asphaltic concrete or cement concrete, with a structural section to be approved by the Building Official.
SECTION 10. Subsection B.5 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
5. Striping. All parking stalls and directional arrows and instructions shall be delineated with paint.
SECTION 11. Subsection C.2.b.(4) of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
(4) Compact stalls shall be a minimum of eight feet wide by 16 feet long. (a) Compact stalls may be permitted in multiple family residential projects of five or more units in accordance with the provisions of this paragraph C. (b) Compact stalls may be permitted in commercial and industrial projects requiring a minimum of 40 parking spaces in accordance with the following conditions:
6 (i) A maximum of 15% of the required number of parking spaces may be compact stalls.
(ii) The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed 30%.
(iii) Each compact stall approved hereunder shall be individually designated as a compact stall.
(c) All parking areas containing compact stalls shall be approved by the Community Development Director.
SECTION 12. Subsection C.3 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
3. Driveways and parking aisles.
a. Driveway approaches (curb cuts). Driveway approach curb cuts are defined as a structural modification to a street curb for the purpose of creating a sloped ramp for vehicle access from the public right-of-way into a private property. (1) Residential.
(a) One way - sixteen (16) feet minimum, twenty (20) feet maximum. (b) Two way or common driveways serving five (5) or more dwelling units shall have a driveway approach width of twenty-five (25). Any deviations are subject to the approval of the City Engineer.
(2) Commercial/Office/Industrial.
(a) One way – fourteen (14) feet minimum, eighteen (18) feet maximum. (b) Two way – twenty-five (25) feet minimum, forty (40) feet maximum. b. Access drive aisles. Access drive aisles are defined as those that provide access into and through a parking area from a street access point providing access to the parking aisles, and those driveways providing interior circulation between parking areas. (Please see Diagram “C” in the Appendix following this title.) (1) Residential access drive aisles shall have a minimum width of twenty-four (24) feet.
(2) Non-Residential access drive aisles shall have a minimum width of twentyeight (28) feet. 7 c. Parking aisles. Parking aisles are defined as driveways which have parking spaces taking access from either or both sides and which are intended primarily to provide direct access to parking spaces. Parking aisles shall be designed in accordance with Diagrams “A” and “B” in the Appendix following this title. The minimum aisle width for two-way traffic is twenty-four (24) feet.
SECTION 13. Subsection C.1 of Section 20.08.050 (Transportation Demand Management Requirements) of Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
1. All applicable developments shall be reviewed to determine whether application of each of the facility standards specified in this section is appropriate. This determination, and any revisions to requirements within each standard, shall be made by the Community Development Director, or his or her designee, based upon review of the design characteristics and other features of the project as proposed in the site development plan. Improvements needed to meet those standards shall be incorporated into the site development plan.
SECTION 14. Attachment 2 – Parking Standards; Diagram A through G is amended to replace existing Diagram B with updated Diagram B, as follows:
8 SECTION 15. Attachment 2 – Parking Standards; Diagram A through G is amended to replace existing Diagram A with updated Diagram A, as follows:
SECTION 16. Chapter 20.08 (Development Standards) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Section 20.08.080 (Replacement of Lost Dwelling Units) to read as follows:
9 20.08.080 Replacement of lost dwelling units.
A. Purpose. The purpose of this section is to implement Cal. Gov't Code § 65583.2(g)(3) to ensure that the city does not approve a development project which would result in the elimination of protected dwelling units on a site unless those dwelling units are replaced consistent with Cal. Gov't Code § 65915(c)(3).
B. Applicability. The provisions of this section apply to any new development (residential, nonresidential, or mixed-use) on a site that contains protected dwelling units as defined in subsection C or that contained protected dwelling units that have been vacated or demolished within the past five years.
C. Protected dwelling units. For the purposes of this section, a protected dwelling unit is a dwelling unit that is or was within the past five years:
1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of low or very low income;
2. Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or
3. Occupied by low or very low income households.
D. Replacement requirement. Replacement of protected dwelling units shall be required as a condition of any development on the site. Replacement requirements shall be consistent with Cal. Gov't Code § 65915(c)(3).
SECTION 17. “Free-Standing Sign” of Section 20.28.020 (Classification of Signs and Definitions) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended as follows:
"Free-standing sign." Any self-supporting sign standing on the ground and in no way attached to any building or building extension. The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area.
Freestanding signs include, but are not limited to:
1. Directory signs. Multi-tenant directory signs advertising two or more businesses or tenants within small and midsize development projects. On large projects, a maximum of one (1) directory sign shall be permitted. No more than six (6) businesses or tenants shall be advertised on a multi-tenant directory sign.
2. Monument signs. Monument signs are low-profile freestanding signs not exceeding six (6) feet in height. Such signs may include, but are not limited to:
10 a. Major tenant identification signs are street-oriented monument signs identifying a single major tenant in a development on a midsize lot, such as a supermarket, bank, or department store.
b. Commercial and industrial center identification signs are street orientated monument signs identifying the project (development) name only. c. Marquee signs are characterized by changeable copy.
3. Ground signs. Ground signs are freestanding signs from six (6) to twelve (12) feet in height. These signs may advertise a combination of major tenant(s) and center identification.
4. Directional signs. Directional signs are signs which inform the viewer of the approximate route, direction or location of a given activity.
SECTION 18. Subsection C.2 of Section 20.28.340 (Non-Residential Zones) of Chapter 20.28 (Signs) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to include new Table
20.28.340.A (Free-Standing Sign Development Standards) and to read as follows:
2. Free-standing signs.
a. Development standards. The following development standards contained in Table 20.28.340.A (Free-Standing Sign Development Standards) shall apply.
Table 20.28.340.A: Free-Standing Sign Development Standards Small Project Midsize Project Large Project
Project Street
Frontage (f)2
< 100 feet 100 – 250 feet > 250 feet
Maximum Sign Area 24 square feet 0.2 x f when f > 120 feet, 24 square feet when f < 120 feet
0.2 x f
no sign area larger than
80 square feet
Maximum Sign Height 4 feet 6 feet 0.03 x f
12 feet maximum
Maximum Number 1 per street
frontage
1 per street
frontage
3 per street frontage,
min. of 300 feet apart
Maximum Letter Height 24 inches, except for major tenants, where letter height shall not exceed 5 feet
Maximum Sign Length No maximum length, except as determined by other requirements Base Proportion The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area.
1 BCC Section 20.28.020 defines project sizes (small, midsize, large) 2 f equals the lineal feet of street frontage
11 b. Design standards. Free-standing signs shall be compatible with the architectural style, design, color, and material of the building(s) within the development.
SECTION 19. Table 20.52.040.A (Accessory Dwelling Unit Development Standards) of Section 20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to revise Maximum Unit Size and Maximum Structural Height as follows:
TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS Accessory Dwelling Unit, Accessory Dwelling Unit
Junior Attached Detached
Maximum
Unit Size
500 square feet
Note: Up to 150 square
feet may be added to
an existing primary
dwelling unit to
accommodate ingress
or egress, but the unit
size for the junior
accessory dwelling unit
shall not exceed 500
square feet.
No more than 50% of the
existing primary dwelling
unit square footage, or
1,200 square feet,
whichever is less.
1,200 square feet
Notes:
If an Accessory Dwelling Unit is created by converting an existing space, there is no maximum unit size requirement.
Such conversion may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted area.
At a minimum, the following ADU unit sizes are allowed:
- 850 square feet for ADUs with at least one bedroom.
- 1,000 square feet for ADUs with more than one bedroom.
Maximum
Structural
Height
The standards of the
underlying zone shall
apply.
25 feet or the standards of
the underlying zone,
whichever is lower
Note: If an accessory
dwelling unit is attached to
the second floor of the
primary dwelling unit, the
maximum height shall be
the height of the existing
primary dwelling unit.
16 feet maximum
Note: Additional height shall
be allowed as provided in
Cal. Gov’t Code §
66321(b)(4).
12 SECTION 20. Subsection C of Section 20.52.050 (Owner Occupancy Requirements) of Chapter 20.52 (Accessory Dwelling Units) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
C. Junior accessory dwelling units. If the property contains a junior accessory dwelling unit, which has shared sanitation facilities with the existing structure, the legal owner of such property must occupy one of the residential dwellings on the property as that person's legal domicile and permanent residence as long as the junior accessory dwelling unit exists on the property. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
SECTION 21. Subsection A of Section 20.68.040 (Prohibited Uses) of Chapter
20.68 (Wireless Communication Facilities) of Division I (General Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code amended as follows:
A. Ground-mounted antenna structures on prominent ridge lines as defined in §
20.00.070 of the Brea Zoning Code.
SECTION 22. Subsection E of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
E. Yards.
1. Front yard.
a. A minimum twenty-five (25) foot front yard shall be required. b. Notwithstanding other provisions contained herein, the entire front yard area, including the minimum required front yard, shall be kept and maintained free and clear of all attached or detached accessory structures, building and automotive materials, trash, debris, trash storage receptacles, inoperable motor vehicles, camper shells not mounted on motor vehicles, boats, or boats and trailers, including utility trailers. Parking and driveway areas within the entire front yard area shall not exceed fifty-five percent (55%) of such yard area; for lots at the end of cul-de-sac with a lot frontage of less than forty (40) feet, the parking and driveway areas within the entire front yard may be paved up to a maximum of eighty percent 13 (80%), all subject to the Director's review and approval. The parking of operable motor vehicles shall be permitted only on an all weather surface, subject to the review and approval of the Director.
c. Recreational vehicle parking may occur as follows:
(1) Parking within a garage or three (3) sided carport. (2) Outdoor parking in the side or rear yards beyond the required twentyfive (25) foot front setback, except in a street side yard of a corner lot or reverse corner lot.
(3) Outdoor parking in a driveway or improved pad, provided that:
(a) Parking of such vehicle within a garage or three (3) sided carport is not possible.
(b) Space is not available in the side or rear yards or no access exists to such yards.
(c) No part of such unit extends over public sidewalks or rights-of-way. (d) The vehicle or unit at no time creates a sight obstruction that poses a safety hazard.
(e) Such vehicles shall be determined to be in an operable condition. (f) The vehicle is not used for dwelling purposes; cooking is not permitted in the recreational vehicle at any time and accordingly, butane and propane shall not be used.
(g) The vehicle is not permanently connected to electricity, sewer lines or water lines. The recreational vehicle may be connected to electricity temporarily for charging batteries and cleaning purposes only.
(h) The vehicle shall not be used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(i) The vehicle shall not block required emergency access to the rear yard area. A five (5) foot clear area shall be maintained to provide such access. d. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided that an average building setback of not less than twenty-five (25) feet is maintained. The minimum front yard shall not be less than twenty (20) feet.
e. Front yards on the turn-around end of cul-de-sac street may be reduced to not less than twenty (20) feet.
2. Side yards.
14 a. Lots shall have a side yard on each side of not less than five (5) feet. An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height.
b. A side yard on the street side of a corner lot shall not be less than twenty (20) feet.
c. All side yard setbacks shall be measured from the property line to the building wall.
3. Rear yards. Each yard shall have a rear yard of not less than twenty-five (25) feet except that the main building may project to within ten (10) feet of the rear property line. The combined coverage by the main building and any accessory buildings shall not exceed twenty-five percent (25%) of the required rear yard area.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys).
b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
5. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
6. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
7. Garage and carport street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
SECTION 23. Subsection G of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
G. Fences, walls, and landscaping. The provisions of § 20.08.015 of this title shall apply.
15 SECTION 24. Subsection E of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 (5,000) Single Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
E. Yards.
1. Front yard.
a. A minimum fifteen (15) foot front yard shall be required. b. The entire front yard shall be maintained as required in § 20.208.040.E.1.b. and c. of this title.
c. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided, however, the average minimum front yard shall be not less than fifteen (15) feet and no front yard shall be reduced to less than ten (10) feet.
d. Front yards on the turn-around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
2. Side yards.
a. Interior lots shall have a side yard on each side of not less than five (5) feet. The side yard may be reduced to zero (0) feet on one (1) side of the interior lot lines. When a zero (0) foot side yard is utilized, the following shall apply:
(1) The total width of the two (2) side yards shall not be less than ten (10) feet.
(2) No eave shall project over a lot line.
(3) The minimum distance between eaves shall not be less than seven (7) feet.
(4) The minimum distance between walls of buildings shall be not less than ten (10) feet.
(5) The maximum eave projection shall not be more than three (3) feet. (6) A masonry or concrete block wall seven (7) feet in height shall be erected and maintained on the rear and side property lines, except within the required front yard.
(7) An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height. 16 b. A side yard on the street side of a corner lot, may have a minimum street side yard of ten (10) feet and a zero (0) foot side yard on the interior lot line. c. A side yard on the street side of a reversed corner lot may have a minimum side yard of fifteen (15) and a zero (0) foot side yard on the interior lot line. d. An opening of a minimum width of not less than four (4) feet shall be provided for access to the rear yard on one of the side yards of a lot. The opening may be provided with a gate but shall not be fenced or walled. e. All side yard setbacks shall be measured from the property line to the building wall.
3. Rear yards. Each lot shall have a rear yard of not less than ten (10) feet.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys).
b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
5. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
6. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
7. Garage and carport street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
SECTION 25. Subsection F of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 (5,000) Single Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
F. Outdoor living space.
1. Each lot shall contain outdoor living space of not less than five hundred (500) square feet.
17 2. The provisions of § 20.08.030 of this title shall apply.
SECTION 26. Subsection G of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 (5,000) Single Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
G. Fences, walls, and landscaping. The provisions of § 20.08.015 of this title shall apply.
SECTION 27. Subsection C of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
C. Dwelling unit density. Maximum dwelling unit density shall not exceed eighteen (18) dwelling units per acre (one (1) unit two thousand four hundred twenty (2,420) square feet).
SECTION 28. Subsection E of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
E. Yards.
1. Front yard.
a. A minimum twenty-three (23) foot front yard shall be required; except that a lot approved for single family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum front yard of fifteen (15) feet.
b. The entire front yard area shall be maintained as required in §
20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
18 2. Side yards.
a. Interior lots shall have a side yard on each side of not less than five (5) feet. The side yard may be reduced to zero (0) feet on one of the interior lot lines on a lot approved for single-family residential use, only, by lot split or subdivision, with a minimum area of less than nine thousand (9,000) square feet. When a zero (0) foot side yard is utilized, the following shall apply:
(1) The total width of the two (2) side yards shall be not less than ten (10) feet.
(2) No eave shall project over a lot line.
(3) The minimum distance between eaves shall not be less than seven (7) feet.
(4) The minimum distance between walls of buildings shall be not less than ten (10) feet.
(5) The maximum eave projection shall be not more than three (3) feet. (6) A masonry or concrete block wall seven (7) feet in height shall be erected and maintained on the rear and side property lines; except within the required front yard.
(7) An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height. b. A side yard on the street side of a corner lot shall be not less than fifteen (15) feet; except that a corner lot approved for single-family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum street side yard of ten (10) feet and a zero (0) foot side yard on the interior lot line.
c. A side yard on the street side of a reversed corner lot shall be not less than twenty (20) feet, except that a reversed corner lot approved for single-family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum side yard of fifteen (15) feet and a zero (0) foot side yard on the interior lot line. d. An opening of a minimum width of not less than four (4) feet shall be provided for access to the rear yard on one of the side yards of a lot. The opening may be provided with a gate, but shall not be fenced or walled.
3. Rear yards. Each lot shall have a rear yard of not less than ten (10) feet; except that a lot approved for single-family residential use, only, either by lot split or subdivision, with a minimum area of less than nine thousand (9,000) square feet, shall have a minimum rear yard of not less than fifteen (15) feet.
4. Storage of materials in side and rear yards in residential zones. 19 a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys).
b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
5. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
6. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
7. Garage and carport street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
SECTION 29. Subsection G of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
G. Fences, walls, and landscaping. The provisions of § 20.08.015 of this title shall apply.
SECTION 30. Subsection A of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
A. Lot area. The minimum lot area shall be ten thousand (10,000) square feet in an R-3 Zone.
SECTION 31. Subsection B of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II 20 (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
B. Lot dimensions.
1. Width. The minimum average lot width shall be seventy-five (75) feet on an interior lot and eighty-five (85) feet on a corner lot in an R-3 Zone.
2. Depth. The minimum average lot depth shall be one hundred twenty (120) feet in an R-3 Zone.
SECTION 32. Subsection C of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
C. Dwelling unit density. Maximum dwelling unit density shall not exceed forty (40) dwelling units per acre (one (1) unit per one thousand eighty-nine (1,089) square feet).
SECTION 33. Subsection D of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
D. Building height.
1. Except as provided herein, buildings and structures in the R-3 Zone shall have maximum heights as follows:
a. Thirty-five (35) feet when located on a lot that is within one hundred (100) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR. b. Fifty (50) feet when located on a lot that is more than one hundred (100) feet but less than two hundred (200) feet, from any land zoned R-1, R1-H, R-1 (5,000), R-2, or HR.
c. Seventy-five (75) feet when located on a lot that is more than two hundred (200) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR.
2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, flagpoles, 21 chimneys, domestic radio and television masts, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.
SECTION 34. Subsection E of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
E. Yards.
1. Front yard.
a. Except as provided herein, there shall be a minimum front yard of not less than fifteen (15) feet on lots in the R-3 Zone.
b. The entire front yard shall be maintained as required in § 20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. Where an entire block frontage is designed and developed as a neighborhood unit, the front yards may vary, provided that an average of not less than fifteen (15) feet is maintained. However, no front yard shall be less than ten (10) feet.
e. Front yards on the turn around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
2. Side yards.
a. Except as provided herein, there shall be minimum side yard of not less than five (5) feet from the side property line on interior lots and from the interior side lot lines on corner lots in the R-3 Zone.
b. The minimum side yard from the street side property line shall be not less than ten (10) feet on a corner lot.
c. Except as provided herein, side yards adjacent to buildings or structures more than twenty (20) feet in height shall be increased two and one-half (2½) feet for each additional fifteen (15) feet in height; provided however, the total side yard need not be more than ten (10) feet in width.
22 d. Where any dwelling or group of dwellings face a common property line, the side yard shall be not less than ten (10) feet plus a distance of one-half (½) the height of the dwelling or fifteen (15) feet, whichever is greater. e. All side yard widths shall be measured from the eave line.
3. Rear yards.
a. Except as provided herein, there shall be a minimum rear yard for main building of not less than fifteen (15) feet on lots in the R-3 Zone. b. Except as provided herein, a rear yard adjacent to a building more than thirty-five (35) feet in height shall be increased five (5) feet in width for each additional fifteen (15) feet in height.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of-way (excluding alleys).
b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
5. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
6. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
7. Garage and carport street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
SECTION 35. Subsection F of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
F. Outdoor living space.
1. Each lot in the R-3 Zone shall contain not less than two hundred (200) square feet of outdoor living area for each dwelling unit located thereon. 23 2. The provisions of § 20.08.030 of this title shall apply.
SECTION 36. Subsection G of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
G. Fences, walls, and landscaping. The provisions of § 20.08.015 of this title shall apply.
SECTION 37. Subsection H of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
H. Distance between buildings. The following minimum distances between exterior walls of buildings and structures on a lot in the R-3 Zone shall apply:
1. One-half (½) the combined height of the walls of buildings or structures which do not form a court, or fifteen (15) feet, whichever is greater.
2. One-half (½) the combined height of the walls of buildings or structures which form a court plus fifteen (15) feet.
3. In no instance shall the eaves between buildings be closer than ten (10) feet.
SECTION 38. Subsection I of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
I. Minimum dwelling area. The minimum living area for a dwelling unit on a lot in the R-3 Zone, which shall not include garage area, shall have a gross floor area of not less than the following:
1. Studio Unit: Four hundred fifty (450) square feet.
2. One (1) Bedroom Unit: Six hundred fifty (650) square feet.
3. Two (2) or more - Bedroom Unit: Eight hundred (800) square feet. 24 SECTION 39. Subsection J of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
J. Coverage by structures. Not more than sixty percent (60%) of a lot in the R-3 Zone shall be covered by buildings and structures. A minimum of twenty-five percent (25%) of the required uncovered lot area shall be provided in one (1) contiguous location and shall be kept free and clear of any building and structural intrusions or any other intrusions that would inhibit the development of such area of uninterrupted usable, open green space.
SECTION 40. Subsection K of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
K. Off-street parking. The provisions of § 20.08.040 of this title shall apply.
SECTION 41. Subsection L of Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to read as follows:
L. Access.
1. All lots shall have vehicular access from a dedicated street or alley.
2. Driveway access to garages or carports shall be of permanent construction material, concrete or asphalt or other material approved by the City Engineer.
SECTION 42. Section 20.220.040 (Property Development Standards) of Chapter
20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection M to read as follows:
M. Signs. The provisions of Chapter 20.28 of this title shall apply. 25 SECTION 43. Section 20.220.040 (Property Development Standards) of Chapter
20.220 (R-3 Multiple Family Residential Zone) of Division II (Specific Zone Regulations) of Title 20 (Zoning Code) of Part II (Development Code) of the Brea City Code is amended to add a new Subsection N to read as follows:
N. Lighting. All lighting, interior and exterior, shall be designed and located so as to confine all direct rays to the premises.
SECTION 44. CEQA. The City Council finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment because it enacts omnibus code amendments that will not have a significant effect on the environment. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.
SECTION 45. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 46. EFFECTIVE DATE.
This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.
26 SECTION 47. CERTIFICATION.
The City Clerk shall certify to the passage of this Ordinance.
PASSED, APPROVED, AND ADOPTED, this ___ day of _______, 2026. _________________________________
Cecilia Hupp
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 2
nd day of June, 2026, and was finally passed at a regular meeting of the City Council of the City of Brea on the 16th day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Dated:_____________________
_____________________________
City Clerk
CITYof BREA
Planning Commission Communication
May 12, 2026
Item No. 3A.
Zoning Ordinance Text Amendment (ZOTA) No. 2026-02 - Omnibus Code Update
TO PREPARED BY
Chair and Members of the Planning Commission Graham Bultema, Assistant Planner
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Jason Killebrew, Assistant City Manager/Community
Development Director Kristin Griffith, City Manager
EXECUTIVE SUMMARY
As an effort to continuously improve the Brea Zoning Code (Code), which is codified in Title 20 of the Brea City Code (BCC), the City has initiated a Zoning Code Text Amendment (ZOTA) No. 2026-02 amending various chapters of the Code. The proposed amendment is an omnibus code update that would provide the following: 1) comply with housing laws for replacement housing requirements; 2) provide clarity and consistency with updated ADU and JADU state laws; 3) reorganize residential development standards; 4) update drive aisle widths and driveway standards; 5) clarify and reorganize standards for free-standing signs; 6) update land use regulations for Personal Services; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
The proposed amendment herein is referred to as the “Project".
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution (Attachment A), recommending the City Council take the following actions:
1. Find the Project exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3); and,
2. Adopt an ordinance approving ZOTA No. 2026-02, amending Title 20, Chapters 20.00, 20.08, 20.11, 20.28,
20.52, 20.68, 20.208, 20.212, 20.216, and 20.220 of the BCC, as outlined in Exhibit A of the Resolution.
BACKGROUND
Municipal codes, like the BCC, require periodic updates to ensure consistency between the City policies and state law, to improve clarity, and to better serve the public. As an effort to improve the readability and relevancy of the Code, staff implemented an on-going work program in 2016 to continually update the Code on a regular basis. The last omnibus code update was adopted in December 2025 by the City Council. Staff continuously evaluates the Code and monitors for inconsistency and clarity and has identified a number of provisions requiring updates due to new laws and standards. As part of this review process, staff worked with other departments and divisions, and the City Attorney to review and consider the proposed changes. Additionally, staff researched and analyzed codes and policies from other agencies as appropriate and applicable.
ATTACHMENT B
The main goals for this omnibus amendment are to provide internal consistency within the Code, modernize to reflect good planning practices, and ensure alignment with recent state laws. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance, which includes updates to 10 chapters of the BCC.
DISCUSSION
The proposed amendments can be categorized into seven topic areas, which include:
1. Complying with housing laws for replacement housing requirements;
2. Clarifying ADU and JADU regulations;
3. Reorganizing residential development standards;
4. Updating drive aisle width and driveway standards;
5. Clarifying and reorganizing standards for free-standing signs;
6. Updating land use regulations for Personal Services; and
7. Addressing existing errors, unclear definitions, and incorrect references.
Exhibit A of the Resolution (Attachment B) includes redlines for the proposed amendments which show deletions in strike-through and additions in underlines. Attachment C provides a table summarizing the proposed amendments.
The following provides an overview of the proposed amendments, divided into different topic areas.
Amendment #1: Housing Element Program #8b - Replacement Housing Requirements The Housing Element is a state-mandated chapter of the Brea General Plan that describes, identifies, and analyzes the City’s housing needs and addresses the maintenance and expansion of the housing supply to accommodate households that currently live and/or may live in Brea in an eight-year planning period. The City’s 6th Cycle Housing Element was adopted by the City Council in August 2022 and was certified by the State Department of Housing and Community Development (HCD) in September 2022.
The 6th Cycle Housing Element is implemented through a series of housing programs. Housing Element Program #8b of the 6th Cycle Housing Element specifies the need to update the BCC, consistent with state law, to include requirements for the replacement of lost protected dwelling units of any development on a site identified in the Housing Element or on a site that contained protected dwelling units that have been vacated or demolished within the past five years, consistent with Government Code § 65583.2(g)(3). A protected dwelling unit is a unit that is or was within the past five years; subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power or occupied by low or very low-income households. The intent of state law is to prevent the loss of housing units and the displacement of protected dwelling units. If protected dwelling units are proposed to be demolished, these units must be replaced by the same number of units of equivalent size and income level, consistent with Government Code § 65915(c)(3)).
Proposed Amendments
The proposed amendments would create a new section with regulations for the replacement of lost dwelling units, consistent with the provisions of state law. This section would define protected dwelling units and would specify that the City shall not approve a development project which would result in the elimination of protected dwelling units on a housing element site or on a site that contained protected dwelling units that have been vacated or demolished within the past five years unless those units are replaced consistent with state law.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 11 of Attachment B.
Amendment #2: Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) ADUs are complete independent housing units that can be either detached or attached from an existing singlefamily residence. JADUs are housing units that are contained entirely within a single-family residence. The State passed legislation in 2016 (AB 494, AB 2406 and SB 1069), in 2019 (AB 68, AB 881, AB 587, SB 13, AB 671 and AB 3182), in 2022 (SB 897, AB 2221 and AB 916), in 2023 (AB 976 and AB 345), and in 2024 (SB 1211, SB 477 and SB 450) to further assist and support the development of ADUs, including the requirement for local jurisdictions to approve qualifying ADUs ministerially in single-family residential zones. As such, in 2018, 2021, 2023, 2024, and 2025, in response to updates in state legislation regarding ADUs, the City Council adopted Ordinance Nos. 1203, 1220, 1242, 1247, and 1254 implementing ADU and JADU provisions from state law.
The proposed amendments are to clarify existing ADU standards and ensure consistency with recent state legislation for ADUs and JADUs. This includes compliance with AB 1154, which specifies that owner occupancy shall not be required for JADUs that are proposed with separate restroom or sanitation facilities. Owner occupancy would continue to be required for JADUS that are proposed to share restroom or sanitation facilities with the primary dwelling unit. Additional clarifying amendments address unit size and maximum height standards.
Proposed Amendments
The proposed amendments would clarify ADU standards for unit size and height, consistent with existing state laws and to comply with new state laws adopted for ADUs and JADUs as follows:
Clarify minimum ADU unit sizes and specify that at a minimum, an 850 square foot one-bedroom ADU and a 1,000 square foot ADU with more than one bedroom shall be allowed, consistent with Government Code § 66321(b)(2).
Simplify height regulations for detached ADUs and specify that additional height shall be allowed as provided in Government Code § 66321(b)(4).
Update owner-occupancy requirements for JADUs to specify that owner occupancy shall not be required if the JADU has separate sanitation facilities from the primary dwelling unit, consistent with AB 1154.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 14 and 15 of Attachment B.
Amendment #3: Residential Development Standards
Properties in the City are required to comply with various development standards based on the zoning of the property, including standards such as minimum building setbacks (yards) as well as maximum fence and wall heights. Certain residential development standards are the same for each residential zone and specified within the development standards for each residential zone. These standards are proposed to be reorganized to be relocated to BCC Chapter 20.08 – Development Standards and standards within the residential chapters would include references to this chapter. The purpose of these amendments is to remove redundant standards in residential chapters and relocate identical standards to be in one location. No changes to the regulations are proposed other than reorganization of standards.
Proposed Amendments
The proposed amendments would reorganize the following residential development standards to be relocated from their respective residential chapters to BCC Chapter 20.08 as follows:
Location of accessory buildings in required yards,
Setback and screening requirements for garages and carports in residential zones, Fences, walls, and landscaping regulations for residential zones.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 3, 4, 17, 18, 19, 21, 22, and 23 of Attachment B.
Amendment #4: Drive Aisle Width and Driveway Standards
The City’s driveway and parking aisle standards are specified in BCC Section 20.08.040.C.3. These standards provide minimum and maximum width dimensions for driveway approaches from the public right-of-way onto the private property as well as widths for drive aisles for traffic circulation within the private property. The proposed amendments are to clarify existing standards as well as to update standards to be consistent with Public Works Department standards.
Proposed Amendments
The proposed amendments would update standards for drive aisles and driveways to include the following:
updating residential and non-residential driveway standards to be consistent with public works standards, revising private access drive aisle standards to have separate standards for residential and non-residential projects, revising Parking Standards Appendix, Diagrams A and B to remove references to old parking stall width standards, and providing minor edits to incorrect references.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 5, 6, 7, 8, and 9 of Attachment B.
Amendment #5: Development Standards for Free-Standing Signs The City’s Sign Code is specified in BCC Chapter 20.28 and the purpose of the Sign Code is to regulate the location, size, type, content and number of signs on properties in the community. The two main types of signs for commercial developments in non-residential zones are wall-affixed signs and free-standing signs. The purpose of these amendments is to simplify existing standards for free-standing signs to be reorganized into a table for easier understanding. No changes to regulations are proposed.
Proposed Amendments
The proposed amendments would clarify existing standards for free-standing signs and reorganize free-standing sign standards into a table for easier use. The following sign standards would be specified in a table: project size, maximum sign area, maximum sign height, maximum number of signs, maximum letter height, and maximum sign length.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 12 and 13 of Attachment B.
Amendment #6: Land Use Regulations for Personal Services, Limited Personal services businesses are commercial establishments that provide various services of a personal nature as a primary use, ranging from cosmetic businesses to cleaning or repair businesses. There are two categories of personal services businesses defined within the BCC; Personal Services, General which are common personal businesses that are allowed in all commercial and mixed-use zones, and Personal Services, Limited, which includes businesses of a more limited or restricted nature such as check cashing and fortune telling which are only conditionally allowed in industrial zones.
Proposed Amendments
The proposed amendments would revise these definitions in order to modernize them to reflect current economic and cultural conditions as follow:
Remove tattoo and body piercing services from the Personal Services, Limited land use and include within the Personal Services, General land use.
Include spas offering non-surgical treatments and minimally invasive treatments within the Personal Services, General land use.
Include pawn shops within the Personal Services, Limited land use.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Section # 2 of Attachment B.
Amendment #7: Other Minor Updates
Staff have identified a number of sections in the Code with errors and incorrect/incomplete references, necessitating updates to improve internal consistency and provide additional clarification on certain provisions.
Proposed Amendments
The following items have been addressed throughout the code in various chapters and sections:
Update residential density regulations for the R-2 and R-3 Zones to be consistent with the density regulations in the General Plan update.
Revise the definition for Dwelling Units to provide more clarity.
Revise incorrect reference prominent ridge lines definition in the wireless communication facilities regulations.
Correct title of Community Development Director.
Correct grammatical errors and update general inconsistencies.
The actual redlines associated with these amendments, which show deletions in strikethrough and additions in underlines (Redlines), can be found in Sections # 1, 10, 16, 20, and 23 of Attachment B.
PUBLIC NOTICE AND COMMENTS
The Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for the Project is provided as Attachment D. As of the writing of this report, staff have received no public comments.
ENVIRONMENTAL ASSESSMENT
The Project has been assessed in accordance with the CEQA Guidelines and the environmental regulations of the City. The proposed amendment to the Code is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to comply with housing laws for replacement housing requirements, provide clarity and consistency with updated ADU and JADU state laws, reorganize residential development standards, update drive aisle widths and driveway standards, clarify and reorganize standards for free-standing signs, update land use regulations for Personal Services, and clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
As such, the proposed amendments will not have a significant effect on the environment. Any future developments would be subject to CEQA review.
CONCLUSION
Staff recommends approval of this request, for the reasons set forth in the draft resolution, which in summary are to provide internal consistency within the Code, modernize it to reflect good planning practices, and ensure alignment with recent state laws.
RESPECTFULLY SUBMITTED:
Maribeth Tinio, City Planner
Prepared by: Graham Bultema, Assistant Planner
Attachments
Attachment A - Draft PC Resolution.pdf
Attachment B - Exhibit A to Draft PC Resolution.pdf
Attachment C - Summary of Amendments Table.pdf
Attachment D - Public Hearing Legal Notice.pdf
RESOLUTION NO. PC 2026-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BREA RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF
ZONING ORDINANCE AMENDMENT NO. ZOTA 2026-02, OMNIBUS
CODE UPDATES AMENDING CHAPTERS 20.00, 20.08, 20.11, 20.28,
20.52, 20.68, 20.208, 20.212, 20.216, AND 20.220 OF TITLE 20 OF THE BREA CITY CODE.
A. RECITALS:
(i) The Planning Commission of the City of Brea (the “Planning Commission”) did receive a verified petition for the approval of Zoning Ordinance Text Amendment (ZOTA) No. 2026-02 to update various chapters of the Zoning Code, specifically amending 20.00, 20.08, 20.11, 20.28, 20.52, 20.68, 20.208, 20.212, 20.216, and 20.220 of Title 20 of the Brea City Code.
(ii) The project Applicant is City of Brea; 1 Civic Center Circle, Brea, CA 92821. (iii) On May 12, 2026, the Planning Commission held a duly noticed public hearing on the proposed ZOTA No. 2026-02, during which it received and considered all evidence and testimony presented prior to adoption of this resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Brea, as follows:
1. In all respects as set forth in Recitals, Part A, of this Resolution.
2. The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the City’s Zoning Code is exempt from the Resolution No. 2026-XX
ZOTA No. 2026-02
Applicant: City of Brea
requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to comply with housing laws for replacement housing requirements, provide clarity and consistency with updated ADU and JADU state laws, reorganize residential development standards and update to be consistent with the General Plan, update drive aisle widths and driveway standards, clarify and reorganize standards for free-standing signs, update land use regulations for Personal Services, and clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
3. The Planning Commission further finds in consideration of the ZOTA No. 2026-02 as follows:
a. The proposed amendments proposed by ZOTA No. 2026-02 are consistent with the General Plan as it implements the General Plan by complying with housing laws for replacement housing requirements, providing clarity and consistency with updated ADU and JADU state laws, reorganizing residential development standards and updating to be consistent with the General Plan, updating drive aisle widths and driveway standards, clarifying and reorganize standards for free-standing signs, updating land use regulations for Personal Services, and clarifying certain zoning ordinance provisions and addressing existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
b. This ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the Resolution No. 2026-XX
ZOTA No. 2026-02
Applicant: City of Brea
community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements.
4. This Commission hereby recommends that the City Council adopt an ordinance approving the proposed amendments to Title 20 of the Brea City Code (BCC) as proposed by ZOTA No. 2026-02, and as shown in Exhibit A attached hereto.
5. The Community Development Director is authorized to make minor updates to the proposed amendment prior to the City Council consideration of the proposed amendments, as long as the City Attorney determines that such changes are not substantial.
6. The Secretary of this Commission shall certify to the adoption of this Resolution; and forthwith transmit a copy of said Resolution to the City Clerk of the City of Brea.
ADOPTED AND APPROVED this 12th day of May, 2026.
Chair, Planning Commission
I, Maribeth Tinio, Secretary to the Planning Commission of the City of Brea, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the Planning Commission of the City of Brea held on the 12th day of May, 2026, and was finally passed at a regular meeting of the Planning Commission of the City of Brea, held on the 12th day of May, 2026, by the following votes:
Resolution No. 2026-XX
ZOTA No. 2026-02
Applicant: City of Brea
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
Secretary, Planning Commission
1 EXHIBIT A to PC RESOLUTION NO. 2026-XX
ZOTA No. 2026-02 Code Amendment Summary Redlines
The proposed language modifications are shown below as strikethrough deletions and underline font additions.
1. Subsection 20.00.070.B.4 (“D” words, terms and land uses) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) is amended to include the following additions, deletions, and modifications (terms currently listed in the subject subsection but not listed below will remain as is):
"Dwelling unit. A mobile home or structure or portion thereof, including a manufactured home or portion thereof, One or more habitable rooms which containings areas for eating and sleeping areas, sanitation facilities as required by the Municipal Code, and one (1) kitchen area, and which is designed or used for the shelter or housing of one (1) or more persons. This includes structures, manufactured homes, and mobile homes.”
2. Subsection 20.00.070.B.16 (“P” words, terms and land uses) of Section 20.00.070 (Definitions) of Chapter 20.00 (General Provisions) is amended to include the following additions, deletions, and modifications (terms currently listed in the subject subsection but not listed below will remain as is):
"Personal services, general. Commercial establishments providing nonmedical services as a primary use and may include incidental sales of products of personal nature. Typical uses include, but not limited to, beauty salons, barber shops, nail salons, dry cleaners, laundromats, tailor shops, spas (including spas that offer non-surgical and minimally invasive treatments), permanent makeup, tanning salons, tattoo and body piercing, photocopying, and other similar uses.” “Personal services, limited. Establishments providing non-medical services of a very limited and restricted nature as a primary use. Typical uses include, but are not limited to, body piercing/tattoo parlors, pawn shops, check cashing, and fortune telling.”
2 3. New Section 20.08.015 (Fences, walls, and landscaping in residential zones) is added to Chapter 20.08 (Development Standards) as follows:
“20.08.015. Fences, walls, and landscaping in residential zones.
A. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
1. Solid fences, walls and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.
3. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way that abuts the property. All landscaped areas shall be kept free from weeds and debris, and maintained.
4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
5. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
6. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
7. Notwithstanding other requirements herein, retaining walls and fencing and privacy walls in the HR Hillside Residential Zone shall be subject to the provisions of § 20.206.120 and § 20.206.150.G of this title.”
4. Subsections 20.08.020.C, 20.08.020.D, and 20.08.020.E of Section 20.08.020 (Yards) of Chapter 20.08 (Development Standards) are amended to include the following additions, deletions, and modifications:
“20.08.020. Yards.
3 C. Location of accessory buildings in required yards in residential zones. Detached accessory buildings may be located in the required side or rear yard areas provided that said structures are not less than five (5) feet from any common property line to the wall of said structure; and provided an eave shall not project into a required side yard more than eighteen (18) inches nor into the required rear yard more than three (3) feet.
D. Garages and carports in residential zones.
1. A garage with a vehicle entrance facing a street shall set back not less than twenty-three (23) feet from the property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
2. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-three (23) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted, and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
EC. Yard requirements - special conditions. Churches, schools, institutions or other similar uses when permitted in any R Zone shall be located not less than twenty (20) feet from all common property lines not less than fifty (50) feet from the front property line and not less than twenty-five (25) feet from any side property line on a street.”
5. Subsections 20.08.040.B.4 and 20.08.040.B.5 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) are amended to include the following additions, deletions, and modifications:
“20.08.040 Off-street parking and loading.
B. General requirements.
4. Surfacing. All parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained with asphaltic concrete or cement concrete, with a structural section to be approved by the Building OfficialCity Engineer.
5. Striping. All parking stalls and directional arrows and instructions shall be delineated with paint. as required by the Traffic Engineer.” 4 6. Subsection 20.08.040.C.2.b.(4) of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) is amended to include the following deletions:
“20.08.040 Off-street parking and loading.
C. Design.
2. Parking spaces.
b. Sizes.
(4) Compact stalls shall be a minimum of eight feet wide by 16 feet long. (a) Compact stalls may be permitted in multiple family residential projects of five or more units in accordance with the provisions of this subsection C. (b) Compact stalls may be permitted in commercial and industrial projects requiring a minimum of 40 parking spaces in accordance with the following conditions:
(i) A maximum of 15% of the required number of parking spaces may be compact stalls.
(ii) The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed 30%.
(iii) Each compact stall approved hereunder shall be individually designated as a compact stall. per the City of Brea Public Works Standards. (c) All parking areas containing compact stalls shall be approved by the Community Development Director. and the City Traffic Engineer.” 5 7. Parking Standards, Diagram A is amended as follows:
6 8. Parking Standards, Diagram B is amended as follows:
7 9. Subsection 20.08.040.C.3 of Section 20.08.040 (Off-Street Parking and Loading) of Chapter 20.08 (Development Standards) is amended to include the following additions, deletions, and modifications:
“20.08.040 Off-street parking and loading.
C. Design.
3. Driveways and parking aisles.
a. Driveway approaches (curb cuts). Driveway approach curb cuts are defined as a structural modification to a street curb for the purpose of creating a sloped ramp for vehicle access from the public right-of-way into a private property. (1) Residential.
(a) One way - sixteen (16) feet minimum, twenty-four (2024) feet maximum.
(b) Two way - twenty-four (24) feet minimum, forty (40) feet maximum or Common driveways serving five (5) or more dwelling units shall have a driveway approach width of twenty-five (25). Any deviations are subject to the approval of the City Engineer.
(2) Commercial/Office/Industrial. Refer to City of Brea Public Works Standards 210-A.
(a) One way – fourteen (14) feet minimum, eighteen (18) feet maximum. (b) Two way – twenty-five (25) feet minimum, forty (40) feet maximum. b. Access drive aislesways. Access driveways shall have a minimum width of twenty-eight (28) feet. Access drive aislesways are defined as those that provide access into and through a parking area from a street access point providing access to the parking aisles, and those driveways providing interior circulation between parking areas. (Please see Diagram “C” in the Appendix following this title.) (1) Residential access drive aisles shall have a minimum width of twentyfour (24) feet. (2) Non-Residential access drive aisles shall have a minimum width of twenty-eight (28) feet.
c b. Parking aisles. Parking aisles are defined as driveways which have parking spaces taking access from either or both sides and which are intended primarily to provide direct access to parking spaces. Parking aisles shall be designed in accordance with Diagrams “A” and “B” in the Appendix following this title. The minimum aisle width for two-way traffic is twenty-four (24) feet.”
8 10. Subsection 20.08.050.C.1 of Section 20.08.050 (Transportation Demand Management Requirements) is amended to include the following additions, deletions, and modifications:
Ҥ 20.08.050 Transportation demand management requirements.
C. Facility standards.
1. All applicable developments shall be reviewed to determine whether application of each of the facility standards specified in this section is appropriate.
This determination, and any revisions to requirements within each standard, shall be made by the Community Development DirectorDevelopment Services Director, or his or her designee, based upon review of the design characteristics and other features of the project as proposed in the site development plan. Improvements needed to meet those standards shall be incorporated into the site development plan.”
11. New Section 20.08.080 (Replacement of Lost Dwelling Units) is added to Chapter 20.08 (Development Standards) as follows:
“20.08.080 Replacement of lost dwelling units.
A. Purpose. The purpose of this section is to implement Cal. Gov't Code § 65583.2(g)(3) to ensure that the city does not approve a development project which would result in the elimination of protected dwelling units on a site identified in City’s Housing Element unless those dwelling units are replaced consistent with Cal. Gov't Code § 65915(c)(3).
B. Applicability. The provisions of this section apply to any new development (residential, nonresidential, or mixed-use) on a housing element site that contains protected dwelling units as defined in subsection C or that contained protected dwelling units that have been vacated or demolished within the past five years.
C. Protected dwelling units. For the purposes of this section, a protected dwelling unit is a dwelling unit that is or was within the past five years:
1. Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of low or very low income;
2. Subject to any other form of rent or price control through a public entity's valid exercise of its police power; or
3. Occupied by low or very low income households.
9 D. Replacement requirement. Replacement of protected units shall be required as a condition of any development on the site. Replacement requirements shall be consistent with Cal. Gov't Code § 65915(c)(3).”
12. Section 20.28.020 (Classification of Signs and Definitions) of Chapter 20.28 (Signs) is amended to include the following additions, deletions, and modifications:
“20.28.020 Classification of signs and definitions.
"Free-standing sign." Any self-supporting sign standing on the ground and in no way attached to any building or building extension. The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area.
Freestanding signs include, but are not limited to:
1. Directory signs. Multi-tenant directory signs advertising two or more businesses or tenants within small and midsize development projects. On large projects, a maximum of one (1) directory sign shall be permitted. No more than six (6) businesses or tenants shall be advertised on a multi-tenant directory sign.
2. Monument signs. Monument signs are low-profile freestanding signs not exceeding six (6) feet in height. Such signs may include, but are not limited to:
a. Major tenant identification signs are street-oriented monument signs identifying a single major tenant in a development on a midsize lot, such as a supermarket, bank, or department store.
b. Commercial and industrial center identification signs are street orientated monument signs identifying the project (development) name only. c. Marquee signs are characterized by changeable copy.
3. Ground signs. Ground signs are freestanding signs from six (6) to twelve (12) feet in height. The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area. These signs may advertise a combination of major tenant(s) and center identification.
4. Directional signs. Directional signs are signs which inform the viewer of the approximate route, direction or location of a given activity.” 10 13. Subsection 20.28.340.C.2 of Section 20.28.340 (Non-residential zones) of Chapter 20.28 (Signs) is amended to include new Table 20.28.340.A (Free-Standing Sign Development Standards) as well as the following additions, deletions, and modifications:
“20.28.340 Non-residential zones.
C. Sign development standards.
2. Free-standing signs.
a. Development standards. The following development standards contained in Table 20.28.340.A (Free-Standing Sign Development Standards) shall apply.
Table 20.28.340.A: Free-Standing Sign Development Standards Small Project Midsize Project Large Project
Project Street
Frontage (f)2
< 100 feet 100 – 250 feet > 250 feet
Maximum Sign Area 24 square feet 0.2 x f when f > 120 feet, 24 square feet when f < 120 feet
0.2 x f
no sign area larger than
80 square feet
Maximum Sign Height 4 feet 6 feet 0.03 x f
12 feet maximum
Maximum Number 1 per street
frontage
1 per street
frontage
3 per street frontage,
min. of 300 feet apart
Maximum Letter Height 24 inches, except for major tenants, where letter height shall not exceed 5 feet
Maximum Sign Length No maximum length, except as determined by other requirements Base Proportion The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area.
1 BCC Section 20.28.020 defines project sizes (small, midsize, large) 2 f equals the lineal feet of street frontage
(1) Maximum sign area.
Small project - Twenty-four (24) square feet.
Midsize project - 0.2 x f, where f equals the lineal feet of street frontage.
Midsize project with less than 120 lineal feet of street frontage - Twentyfour (24) square feet. 11 Large project - 0.2 x f, where f equals the lineal feet of street frontage, provided no one (1) sign copy per face shall exceed eighty (80) square feet. (2) Maximum sign height.
Small project - Four (4) feet.
Midsize project - Six (6) feet.
Large project - .03 x f, where f equals the lineal feet along the street frontage in the aggregate, with no one (1) sign to exceed twelve (12) feet in height. (3) Maximum letter height. Twenty-four (24) inches, except for major tenant which letter height shall not exceed five (5) feet.
(4) Maximum number.
Small project - One (1) freestanding sign per street frontage.
Midsize project - One (1) freestanding sign per street frontage.
Large project - Three (3) freestanding signs per street frontage. Signs shall be placed a minimum of three hundred (300) feet apart.
(5) Maximum sign length. No maximum except as determined by other requirements.
b. Design standards. Free-standing signs shall be compatible with the architectural style, design, color, and material of the building(s) within the development.”
12 14. Table 20.52.040.A (Accessory Dwelling Unit Development Standards) of Section
20.52.040 (Development Standards) of Chapter 20.52 (Accessory Dwelling Units) is amended to include the following additions, deletions, and modifications (terms currently listed in the subject table but not listed below will remain as is):
“20.52.040 Development standards.
TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS Accessory Dwelling Unit, Accessory Dwelling Unit
Junior Attached Detached
Minimum
Unit Size
150 square feet 150 square feet
Maximum
Unit Size
500 square feet
Note: Up to 150 square
feet may be added to
an existing primary
dwelling unit to
accommodate ingress
or egress, but the unit
size for the junior
accessory dwelling unit
shall not exceed 500
square feet.
No more than 50% of the
existing primary dwelling
unit square footage, or
1,200 square feet,
whichever is less.
1,200 square feet
Notes:
If an Accessory Dwelling Unit is created by converting an existing space, there is no maximum unit size requirement.
Such conversion may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted area.
At a minimum, the following ADU unit sizes are allowed:
- 850 square feet for ADUs with at least one bedroom.
- 1,000 square feet for ADUs with more than one bedroom.
Maximum
Structural
Height
The standards of the
underlying zone shall
apply.
25 feet or the standards of
the underlying zone,
whichever is lower
Note: If an accessory
dwelling unit is attached to
the second floor of the
primary dwelling unit, the
maximum height shall be
the height of the existing
primary dwelling unit.
16 feet maximum
Note: Additional height shall
be allowed as provided in
Cal. Gov’t Code §
66321(b)(4). If the accessory
dwelling unit is located on a
lot with an existing or
proposed multi-family
dwelling that is multi-story, or
located within mile walking
distance of a major transit
stop or a high-quality transit
corridor, the maximum height
shall be 18 feet
“
13 15. Subsection 20.52.050.C of Section 20.52.050 (Owner Occupancy Requirements) of Chapter 20.52 (Accessory Dwelling Units) is amended to include the following additions:
“20.52.050. Owner occupancy requirements.
C. Junior accessory dwelling units. If the property contains a junior accessory dwelling unit, which has shared sanitation facilities with the existing structure, the legal owner of such property must occupy one of the residential dwellings on the property as that person's legal domicile and permanent residence as long as the junior accessory dwelling unit exists on the property. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.”
16. Subsection 20.68.040.A of Section 20.68.040 (Prohibited Uses) of Chapter 20.68 (Wireless Communication Facilities) is amended to include the following additions, deletions, and modifications:
“20.68.040. Prohibited uses.
The following uses are prohibited within the City of Brea:
A. Ground-mounted antenna structures on prominent ridge lines as defined in §
20.00.07020.56.020 of the Brea Zoning Code.”
17. Subsection 20.208.040.E of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.208.040 Property development standards.
E. Yards.
1. Front yard.
a. A minimum twenty-five (25) foot front yard shall be required. b. Notwithstanding other provisions contained herein, the entire front yard area, including the minimum required front yard, shall be kept and maintained free and clear of all attached or detached accessory structures, building and automotive materials, trash, debris, trash storage receptacles, inoperable motor vehicles, 14 camper shells not mounted on motor vehicles, boats, or boats and trailers, including utility trailers. Parking and driveway areas within the entire front yard area shall not exceed fifty-five percent (55%) of such yard area; for lots at the end of cul-de-sac with a lot frontage of less than forty (40) feet, the parking and driveway areas within the entire front yard may be paved up to a maximum of eighty percent (80%), all subject to the Director's review and approval. The parking of operable motor vehicles shall be permitted only on an all weather surface, subject to the review and approval of the Director.
c. Recreational vehicle parking may occur as follows:
(1) Parking within a garage or three (3) sided carport. (2) Outdoor parking in the side or rear yards beyond the required twenty-five (25) foot front setback, except in a street side yard of a corner lot or reverse corner lot.
(3) Outdoor parking in a driveway or improved pad, provided that:
(a) Parking of such vehicle within a garage or three (3) sided carport is not possible.
(b) Space is not available in the side or rear yards or no access exists to such yards.
(c) No part of such unit extends over public sidewalks or rights-of-way. (d) The vehicle or unit at no time creates a sight obstruction that poses a safety hazard.
(e) Such vehicles shall be determined to be in an operable condition. (f) The vehicle is not used for dwelling purposes; cooking is not permitted in the recreational vehicle at any time and accordingly, butane and propane shall not be used.
(g) The vehicle is not permanently connected to electricity, sewer lines or water lines. The recreational vehicle may be connected to electricity temporarily for charging batteries and cleaning purposes only.
(h) The vehicle shall not be used for storage of goods, materials, or equipment other than those items considered to be part of the unit or essential for its immediate use.
(i) The vehicle shall not block required emergency access to the rear yard area. A five (5) foot clear area shall be maintained to provide such access. d. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided that an average 15 building setback of not less than twenty-five (25) feet is maintained. The minimum front yard shall not be less than twenty (20) feet.
e. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-five (25) feet from the property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. ef. Front yards on the turn-around end of cul-de-sac street may be reduced to not less than twenty (20) feet.
g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.
2. Side yards.
a. Lots shall have a side yard on each side of not less than five (5) feet. An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height.
b. A side yard on the street side of a corner lot shall not be less than twenty (20) feet.
c. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). cd. All side yard setbacks shall be measured from the property line to the building wall.
3. Rear yards.
a. Each yard shall have a rear yard of not less than twenty-five (25) feet except that the main building may project to within ten (10) feet of the rear property line. The combined coverage by the main building and any accessory buildings shall not exceed twenty-five percent (25%) of the required rear yard area. b. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially 16 screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
54. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
a. Detached accessory buildings may be located in the required side or rear yard areas provided that said structure or structures are not less than five (5) feet from any common property line to the eave line and provided that all run-off water from the roof is disposed on the lot.
b. Where access to a garage or carport is provided from any alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way which abuts the property upon which the carport is located shall be prohibited.
65. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
76. Garage and carport side street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.”
17 18. Subsection 20.208.040.G of Section 20.208.040 (Property Development Standards) of Chapter 20.208 (R-1 Single Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.208.040 Property development standards.
G. Fences, wWalls, fences, and landscaping. The provisions of § 20.08.015 of this title shall apply.
1. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
a. Solid fences, walls and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet. c. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
d. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
e. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
2. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.”
19. Subsections 20.212.040.E, 20.212.040.F, and 20.212.040.G of Section 20.212.040 (Property Development Standards) of Chapter 20.212 (R-1 (5,000) Single Family Residential Zone) are amended to include the following additions, deletions, and modifications:
18 “20.212.040 Property development standards.
E. Yards.
1. Front yard.
a. A minimum fifteen (15) foot front yard shall be required. b. The entire front yard shall be maintained as required in §
20.208.040.E.1.b. and c. of this title.
c. Where the entire block frontage is designed and developed as a neighborhood unit, the front yard setback may vary, provided, however, the average minimum front yard shall be not less than fifteen (15) feet and no front yard shall be reduced to less than ten (10) feet.
d. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited.
de. Front yards on the turn-around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.
2. Side yards.
a. Interior lots shall have a side yard on each side of not less than five (5) feet. The side yard may be reduced to zero (0) feet on one (1) side of the interior lot lines. When a zero (0) foot side yard is utilized, the following shall apply:
(1) The total width of the two (2) side yards shall not be less than ten (10) feet.
(2) No eave shall project over a lot line.
(3) The minimum distance between eaves shall not be less than seven (7) feet.
(4) The minimum distance between walls of buildings shall be not less than ten (10) feet.
(5) The maximum eave projection shall not be more than three (3) feet. 19 (6) A masonry or concrete block wall seven (7) feet in height shall be erected and maintained on the rear and side property lines, except within the required front yard.
(7) An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height. b. A side yard on the street side of a corner lot, may have a minimum street side yard of ten (10) feet and a zero (0) foot side yard on the interior lot line. c. A side yard on the street side of a reversed corner lot may have a minimum side yard of fifteen (15) and a zero (0) foot side yard on the interior lot line. d. An opening of a minimum width of not less than four (4) feet shall be provided for access to the rear yard on one of the side yards of a lot. The opening may be provided with a gate but shall not be fenced or walled. e. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public rightsof-way (excluding alleys). ef. All side yard setbacks shall be measured from the property line to the building wall.
3. Rear yards.
a. Each lot shall have a rear yard of not less than ten (10) feet. b. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on 20 motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
54. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
a. Detached accessory buildings may be located in the required side or rear yard areas provided that said structures are not less than five (5) feet from any common property line to the wall of said structure; and provided an eave shall not project into a required side yard more than eighteen (18) inches nor into the required rear yard more than three (3) feet.
b. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
65. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
76. Garage and carport side street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
F. Outdoor living space. Each lot shall contain outdoor living space of not less than five hundred (500) square feet.
1. Each lot shall contain outdoor living space of not less than five hundred (500) square feet.
2. The provisions of § 20.08.030 of this title shall apply.
G. Fences, wWalls, fences, and landscaping. The provisions of § 20.08.015 of this title shall apply.
21 1. Fences and walls and hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
a. Solid fences, walls and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
b. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet. c. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
d. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
e. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
2. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.”
20. Subsection 20.216.040.C of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.216.040 Property development standards.
C. Dwelling unit density. Maximum dwelling unit density shall not exceed twelve (12) eighteen (18) dwelling units per acre (one (1) unit per three thousand six hundred thirty (3,630) two thousand four hundred twenty (2,420) square feet).” 22 21. Subsection 20.216.040.E of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.216.040 Property development standards.
E. Yards.
1. Front yard.
a. A minimum twenty-three (23) foot front yard shall be required; except that a lot approved for single family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum front yard of fifteen (15) feet.
b. The entire front yard area shall be maintained as required in §
20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.
2. Side yards.
a. Interior lots shall have a side yard on each side of not less than five (5) feet. The side yard may be reduced to zero (0) feet on one of the interior lot lines on a lot approved for single-family residential use, only, by lot split or subdivision, with a minimum area of less than nine thousand (9,000) square feet. When a zero (0) foot side yard is utilized, the following shall apply:
(1) The total width of the two (2) side yards shall be not less than ten (10) feet.
(2) No eave shall project over a lot line.
(3) The minimum distance between eaves shall not be less than seven (7) feet.
(4) The minimum distance between walls of buildings shall be not less than ten (10) feet.
(5) The maximum eave projection shall be not more than three (3) feet. 23 (6) A masonry or concrete block wall seven (7) feet in height shall be erected and maintained on the rear and side property lines; except within the required front yard.
(7) An additional two and one-half (2½) feet shall be required for side yards adjacent to a main building twenty (20) feet or more in height. b. A side yard on the street side of a corner lot shall be not less than fifteen (15) feet; except that a corner lot approved for single-family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum street side yard of ten (10) feet and a zero (0) foot side yard on the interior lot line.
c. A side yard on the street side of a reversed corner lot shall be not less than twenty (20) feet, except that a reversed corner lot approved for single-family residential use, only, either by subdivision or lot split, with a minimum area of less than nine thousand (9,000) square feet, may have a minimum side yard of fifteen (15) feet and a zero (0) foot side yard on the interior lot line. d. An opening of a minimum width of not less than four (4) feet shall be provided for access to the rear yard on one of the side yards of a lot. The opening may be provided with a gate, but shall not be fenced or walled. e. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys).
3. Rear yards.
a. Each lot shall have a rear yard of not less than ten (10) feet; except that a lot approved for single-family residential use, only, either by lot split or subdivision, with a minimum area of less than nine thousand (9,000) square feet, shall have a minimum rear yard of not less than fifteen (15) feet.
b. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-of- 24 way (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
54. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
a. Detached accessory buildings may be located in the required side or rear yard areas provided that said structures are not less than five (5) feet from any common property line to the wall of said structure; and provided an eave shall not project into a required side yard more than eighteen (18) inches nor into the required rear yard more than three (3) feet.
b. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.
65. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
76. Garage and carport side street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way line which abuts the property upon which said carport is located shall be prohibited.”
25 22. Subsection 20.216.040.G of Section 20.216.040 (Property Development Standards) of Chapter 20.216 (R-2 Multiple Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.216.040 Property development standards.
G. Fences, wWalls, fences, and landscaping. The provisions of § 20.08.015 of this title shall apply. Fences and walls and solid hedges shall not exceed seven (7) feet above the finished grade immediately adjacent to the base of the fence with the following exceptions:
1. Solid fences, walls, and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.
3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
5. Property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris, and maintained.
6. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.”
23. Section 20.220.040 (Property Development Standards) of Chapter 20.220 (R-3 Multiple Family Residential Zone) is amended to include the following additions, deletions, and modifications:
“20.220.040 Property development standards.
The following property development standards shall apply to all land and buildings in the R-3 Zone:
26 A. Lot area. , width and depth.
1. Area. The minimum lot area shall be ten thousand (10,000) square feet in an R-3 Zone.
2. Width. The minimum average lot width shall be seventy-five (75) feet on an interior lot and eighty-five (85) feet on a corner lot in an R-3 Zone.
3. Depth. The minimum average lot depth shall be one hundred twenty (120) feet in an R-3 Zone.
B. Lot dimensions.
1. Width. The minimum average lot width shall be seventy-five (75) feet on an interior lot and eighty-five (85) feet on a corner lot in an R-3 Zone.
2. Depth. The minimum average lot depth shall be one hundred twenty (120) feet in an R-3 Zone.
CB. Dwelling unit density. Maximum dwelling unit density shall not exceed forty (40) dwelling units per acre (one (1) unit per one thousand eighty-nine (1,089) square feet). The minimum land area for each dwelling unit on a lot in the R-3 Zone shall be one thousand seven hundred fifty (1,750) square feet.
DC. Building height.
1. Except as provided herein, buildings and structures in the R-3 Zone shall have maximum heights as follows:
a. Thirty-five (35) feet when located on a lot that is within one hundred (100) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR. b. Fifty (50) feet when located on a lot that is more than one hundred (100) feet but less than two hundred (200) feet, from any land zoned R-1, R1-H, R-1 (5,000), R-2, or HR.
c. Seventy-five (75) feet when located on a lot that is more than two hundred (200) feet from any land zoned R-1, R1-H, R-1 (5,000), R-2 or HR.
2. Structures permitted above height limit. Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings and fire or parapet walls, skylights, flagpoles, chimneys, domestic radio and television masts, or similar structures may be erected above the maximum height permitted in each zone. No structure shall be allowed for purposes of providing additional floor space.
2. The following structures may be permitted above the maximum height limits required herein:
a. Chimneys.
27 b. Domestic radio and television masts.
c. Fire and parapet walls.
d. Roof structures for the housing of air conditioners, elevators, stairways, tanks, ventilating fans, and similar equipment.
e. Skylights.
3. No structure shall be permitted above the height limits for the purpose of providing additional living area or floor space.
ED. Yards.
1. Front yard.
a. Except as provided herein, there shall be a minimum front yard of not less than fifteen (15) feet on lots in the R-3 Zone.
b. The entire front yard shall be maintained as required in § 20.208.040.E.1.b. of this title.
c. Recreational vehicles, as defined in § 20.00.070.B. of this title, may be located within front yard setback areas twice per calendar month for a continuous period of time not to exceed forty-eight (48) hours for housekeeping and loading purposes only.
d. Where an entire block frontage is designed and developed as a neighborhood unit, the front yards may vary, provided that an average of not less than fifteen (15) feet is maintained. However, no front yard shall be less than ten (10) feet.
e. Front yards on the turn around end of a cul-de-sac street may be reduced to not less than ten (10) feet.
f. Notwithstanding other requirements herein, all garages with vehicle entrances facing a street shall set back not less than twenty-three (23) feet from the front property line. A carport with a vehicle entrance facing a street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. g. All unimproved and/or unpaved portions of the entire front yard shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf.
2. Side yards.
a. Except as provided herein, there shall be minimum side yard of not less than five (5) feet from the side property line on interior lots and from the interior side lot lines on corner lots in the R-3 Zone.
28 b. The minimum side yard from the street side property line shall be not less than ten (10) feet on a corner lot.
c. Except as provided herein, side yards adjacent to buildings or structures more than twenty (20) feet in height shall be increased two and one-half (2½) feet for each additional fifteen (15) feet in height; provided however, the total side yard need not be more than ten (10) feet in width.
d. Where any dwelling or group of dwellings face a common property line, the side yard shall be not less than ten (10) feet plus a distance of one-half (½) the height of the dwelling or fifteen (15) feet, whichever is greater. e. All side yard widths shall be measured from the eave line. f. Notwithstanding other requirements herein, a garage with a vehicle entrance facing a side street shall set back not less than twenty-three (23) feet from the street side property line. A carport with a vehicle entrance facing a side street and not screened from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. g. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within side yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys).
3. Rear yards.
a. Except as provided herein, there shall be a minimum rear yard for main building of not less than fifteen (15) feet on lots in the R-3 Zone. b. Except as provided herein, a rear yard adjacent to a building more than thirty-five (35) feet in height shall be increased five (5) feet in width for each additional fifteen (15) feet in height.
c. Detached accessory buildings not more than fifteen (15) feet in height may be permitted in the required rear yard, provided they are located not less than five (5) feet from the eave line to a property line.
d. Where access to a garage or carport is provided from an alley, the garage or carport shall be located not less than twenty-five (25) feet from the opposite property line or five (5) feet from the alley right-of-way line, whichever is more restrictive. If the vehicle entrance faces the alley, a garage only shall be permitted and the vehicle entrance door shall not project beyond the property line when open or being opened. A carport with a vehicle entrance facing an alley and not screened 29 from public view from any point on the public right-of-way line which abuts the property upon which such carport is located shall be prohibited. g. Any storage of materials including but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
4. Storage of materials in side and rear yards in residential zones. a. Any storage of materials including, but not limited to, trash and trash receptacles, newspapers, building and automotive materials, landscape maintenance tools, debris, inoperable motor vehicles, camper shells not mounted on motor vehicles, or boats and trailers, within rear yards, shall be substantially screened with a combination of open or solid fencing, and landscaping, or enclosed within an openwork structure such as wood or metal lattice, so as to substantially minimize views as seen from adjacent private and public streets, and public right-ofway (excluding alleys). b. Stored materials shall not cover an area greater than fifty percent (50%) of the total square footage of the rear yard.
5. Location of accessory buildings in required yards. The provisions of §
20.08.020 of this title shall apply.
64. Projections into required yards. Except as provided herein, the provisions of § 20.08.020 of this title shall apply. to projections into the required front, side, and rear yards.
7. Garage and carport street setback. Except as provided herein, the provisions of § 20.08.020 of this title shall apply.
FE. Outdoor living space.
1. Each in the R-3 Zone shall contain not less than two hundred (200) square feet of outdoor living area for each dwelling unit located thereon.
2. Outdoor living area shall be subject to The provisions of § 20.08.030 of this title shall apply.
GF. Fences, walls, and landscaping. The provisions of § 20.08.015 of this title shall apply. Fences and walls and solid hedges shall not exceed seven (7) feet 30 above the finished grade immediately adjacent to the base of the fence with the following exceptions:
1. Solid fences, walls, and hedges in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of thirty-six (36) inches.
2. Open work fences (not less than ninety percent (90%) open) in a required front yard or within ten (10) feet of the property line along the street side of a reversed corner lot shall not exceed a height of four and one-half (4½) feet.
3. Fences and walls shall be located a minimum of six (6) inches from any property line which is adjacent to a public right-of-way.
4. The provisions of § 20.08.060 of this title pertaining to corner cut-off areas shall apply.
5. For the purposes of this subsection, finished grade is defined as the elevation of the ground that would exist at the time of wall/fence construction. If the existing grade is modified to create a new finished grade, the finished grade shall be determined by calculating the midpoint of the highest existing grade and the highest finished grade.
HG. Distance between buildings. The following minimum distances between exterior walls of buildings and structures on a lot in the R-3 Zone shall apply:
1. One-half (½) the combined height of the walls of buildings or structures which do not form a court, or fifteen (15) feet, whichever is greater.
2. One-half (½) the combined height of the walls of buildings or structures which form a court plus fifteen (15) feet.
3. In no instance shall the eaves between buildings be closer than ten (10) feet.
IH. Minimum dwelling areaBuilding area. The minimum living area for a dwelling unit on a lot in the R-3 Zone, which shall not include garage area, shall have a gross floor area of not less than the following:
1. Studio Unit: Four hundred fifty (450) square feet.
2. One (1) Bedroom Unit: Six hundred fifty (650) square feet.
3. Two (2) or more - Bedroom Unit: Eight hundred (800) square feet.
JI. Coverage by structuresLot coverage. Not more than sixty percent (60%) of a lot in the R-3 Zone shall be covered by buildings and structures. A minimum of twenty-five percent (25%) of the required uncovered lot area shall be provided in one (1) contiguous location and shall be kept free and clear of any building and structural intrusions or any other intrusions that would inhibit the development of such area of uninterrupted usable, open green space.
31 KJ. Off-street parking. The provisions of § 20.08.040 of this title shall apply.
L. Access.
1. All lots shall have vehicular access from a dedicated street or alley.
2. Driveway access to garages or carports shall be of permanent construction material, concrete or asphalt or other material approved by the City Engineer.
MK. Signs. The provisions of Chapter 20.28 of this title shall apply. Signs permitted in the R-3 Zone shall be subject to the provisions of Chapter 20.28 of this title.
NL. Lighting. All lighting, interior and exterior, shall be designed and located so as to confine all direct rays to the premises.”
1 Draft Ordinance ZOTA No. 2026-02
Summary of Amendments
Redline
Section #s
(Exhibit A of the
Resolution)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
11 20.08 (Development Standards) Housing Element Program #8b - Replacement Housing Requirements: The proposed amendment would create a new section with regulations for replacement of lost protected dwelling units on sites identified in the Housing Element, consistent with Cal. Gov’t Code § 65583.2(g)(3). No new residential development that proposes demolition of protected dwelling units would be allowed on a housing element site or on a site that contained protected dwelling units that have been vacated or demolished within the past five years, unless those units are replaced, consistent with state law (Cal. Gov't Code § 65915(c)(3)).
A protected dwelling unit is a unit that is or was within the past five years:
• subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, or
• subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or
• occupied by low or very low-income households.
14, 15 20.52 (Accessory Dwelling Units) Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs): The proposed amendments would clarify ADU standards for unit size and height, consistent with existing state laws and to comply with new state laws adopted for ADUs and JADUs, such as AB 1154 (Carillo).
• Clarify minimum ADU unit sizes and specify that at a minimum, an 850 square foot onebedroom ADU and a 1,000 square foot ADU with more than one bedroom shall be allowed, consistent with Cal. Gov't Code § 66321(b)(2). • Simplify height regulations for detached ADUs and specify that additional height shall be allowed as provided in Government Code § 66321(b)(4).
• Update owner-occupancy requirements for JADUs to specify that owner occupancy shall not be required if the JADU has separate sanitation facilities from the primary dwelling unit, consistent with AB 1154 (Carillo).
2 Redline
Section #s
(Exhibit A of the
Resolution)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
3, 4, 17, 18,
19, 21, 22, 23
20.08 (Development Standards)
20.208 (R-1 Single Family
Residential Zone)
20.212 (R-1 (5,000) Single
Family Residential Zone)
20.216 (R-2 Multiple Family
Residential Zone)
20.220 (R-3 Multiple Family
Residential Zone)
Residential Development Standards: The proposed amendments would include minor organizational and consistency updates to the residential chapters and would reorganize the following residential development standards to be relocated from their respective residential chapters to Chapter 20.08 as follows:
• Location of accessory buildings in required yards,
• Setback and screening requirements for garages and carports in residential zones, • Fences, walls, and landscaping regulations for residential zones. 5, 6, 7, 8, 9 20.08 (Development Standards)
Parking Standards Appendix,
Diagrams A and B
Drive Aisle Width and Driveway Standards: The proposed amendments would clarify existing standards as well as update standards for dimensions for driveway approaches from the public right-of-way onto the private property as well as widths for drive aisles and parking aisles for traffic circulation within the private property.
The proposed amendments would revise these standards as follows:
• Update residential and non-residential driveway standards to be consistent with public works standards.
• Revise private access drive aisle standards to have separate standards for residential and non-residential projects.
• Revise Parking Standards Appendix, Diagrams A and B to remove references to outdated parking stall width standards.
• Provide minor edits to incorrect references.
12, 13 20.28 (Signs) Development Standards for Free-Standing Signs: The proposed amendments would clarify and reorganize existing standards for free-standing signs and reorganize the following existing standards into a table to improve clarity and usability: project size, maximum sign area, maximum sign height, maximum number of signs, maximum letter height, and maximum sign length.
3 Redline
Section #s
(Exhibit A of the
Resolution)
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
2 20.00 (General Provisions) Land Use Regulations for Personal Services: The proposed amendments would update land use definitions for Personal Services, General, and Personal Services, Limited.
The proposed amendments would revise these definitions in order to modernize them to reflect current economic and cultural conditions as follow:
• Remove tattoo and body piercing services from the Personal Services, Limited land use and include within the Personal Services, General land use. • Include spas offering non-surgical treatments and minimally invasive treatments within the Personal Services, General land use.
• Include pawn shops within the Personal Services, Limited land use. 1, 10, 16,
20, 23
20.00 (General Provisions)
20.08 (Development Standards)
20.68 ( Wireless Communication
Facilities)
20.216 (R-2 Multiple Family
Residential Zone)
20.220 (R-3 Multiple Family
Residential Zone)
Other Updates: The following items have been addressed throughout the code in various chapters and sections:
• Update residential density regulations for the R-2 and R-3 Zones to be consistent with the density regulations in the General Plan update.
• Revise the definition for Dwelling Units to provide more clarity. • Revise incorrect reference prominent ridge lines definition in the wireless communication facilities regulations.
• Correct title of Community Development Director.
• Correct grammatical errors and update general inconsistencies.
CITY OF BREA
PLANNING COMMISSION NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2026-02
NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a Planning Commission Meeting on Tuesday, May 12, 2026 at 6:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:
REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2026-02 to amend Chapters 20.00, 20.08, 20.11,
20.28, 20.52, 20.68, 20.208, 20.212, 20.216, 20.220, and 20.408. The purpose of this zoning ordinance text amendment is to: 1) comply with housing laws for replacement housing requirements; 2) provide clarity and consistency with updated ADU and JADU state laws; 3) reorganize residential development standards and update to be consistent with the General Plan; 4) update residential drive aisle widths and driveway standards; 5) clarify standards for free-standing signs; 6) update land use regulations for personal services, limited; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
LOCATION: Citywide
ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City.
The proposed zoning code text amendments are exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND EXPRESS OPINIONS ON THE MATTERS OUTLINED ABOVE. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAIL AT [email protected].
IF YOU CHALLENGE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,
YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT
THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE COMMISSION AT, OR PRIOR TO, THE PUBLIC HEARING.
Maribeth Tinio
City Planner
Date: 4/21/2026 Publish: 4/30/2026
ATTACHMENT C
1 Draft Ordinance ZOTA No. 2026-02
Summary of Amendments
Ordinance
Section #s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
16 20.08 (Development Standards) Housing Element Program #8b - Replacement Housing Requirements: The proposed amendment would create a new section with regulations for replacement of lost protected dwelling units on sites that currently contain protected dwelling units or on sites that have had protected units which have been vacated or demolished within the past five years, consistent with Cal. Gov’t Code § 65583.2(g)(3). No new residential development that proposes demolition of protected dwelling units would be allowed on these sites, unless those units are replaced, consistent with state law (Cal. Gov't Code § 65915(c)(3)).
A protected dwelling unit is a unit that is or was within the past five years:
• subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low-income, or
• subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or
• occupied by low or very low-income households.
19, 20 20.52 (Accessory Dwelling Units) Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs): The proposed amendments would clarify ADU standards for unit size and height, consistent with existing state laws and to comply with new state laws adopted for ADUs and JADUs, such as AB 1154.
• Clarify minimum ADU unit sizes and specify that at a minimum, an 850 square foot onebedroom ADU and a 1,000 square foot ADU with more than one bedroom shall be allowed, consistent with Cal. Gov't Code § 66321(b)(2). • Simplify height regulations for detached ADUs and specify that additional height shall be allowed as provided in Government Code § 66321(b)(4).
• Update owner-occupancy requirements for JADUs to specify that owner occupancy shall not be required if the JADU has separate sanitation facilities from the primary dwelling unit, consistent with AB 1154.
2 Ordinance
Section #s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
5, 6, 7, 8,
22, 23, 24,
25, 26, 28,
29, 30, 31,
33, 34, 35,
36, 37, 38,
39, 40, 41,
42, 43
20.08 (Development Standards)
20.208 (R-1 Single Family
Residential Zone)
20.212 (R-1 (5,000) Single
Family Residential Zone)
20.216 (R-2 Multiple Family
Residential Zone)
20.220 (R-3 Multiple Family
Residential Zone)
Residential Development Standards: The proposed amendments would include minor organizational and consistency updates to the residential chapters and would reorganize the following residential development standards to be relocated from their respective residential chapters to Chapter 20.08 as follows:
• Location of accessory buildings in required yards,
• Setback and screening requirements for garages and carports in residential zones, • Fences, walls, and landscaping regulations for residential zones. 9, 10, 11, 12,
14, 15
20.08 (Development Standards)
Parking Standards Appendix,
Diagrams A and B
Drive Aisle Width and Driveway Standards: The proposed amendments would clarify existing standards as well as update standards for dimensions for driveway approaches from the public right-of-way onto the private property as well as widths for drive aisles and parking aisles for traffic circulation within the private property.
The proposed amendments would revise these standards as follows:
• Update residential and non-residential driveway standards to be consistent with public works standards.
• Revise private access drive aisle standards to have separate standards for residential and non-residential projects.
• Revise Parking Standards Appendix, Diagrams A and B to remove references to outdated parking stall width standards.
• Provide minor edits to incorrect references.
17, 18 20.28 (Signs) Development Standards for Free-Standing Signs: The proposed amendments would clarify and reorganize existing standards for free-standing signs and reorganize the following existing standards into a table to improve clarity and usability: project size, maximum sign area, maximum sign height, maximum number of signs, maximum letter height, and maximum sign length.
3 Ordinance
Section #s
Municipal Code
Chapter(s)/Section(s) Description of the Amendments
3, 4 20.00 (General Provisions) Land Use Regulations for Personal Services: The proposed amendments would update land use definitions for Personal Services, General, and Personal Services, Limited.
The proposed amendments would revise these definitions in order to modernize them to reflect current economic and cultural conditions as follow:
• Remove tattoo and body piercing services from the Personal Services, Limited land use and include within the Personal Services, General land use. • Include spas offering non-surgical treatments and minimally invasive treatments within the Personal Services, General land use.
• Include pawn shops within the Personal Services, Limited land use. 2, 13, 21,
27, 32
20.00 (General Provisions)
20.08 (Development Standards)
20.68 ( Wireless Communication
Facilities)
20.216 (R-2 Multiple Family
Residential Zone)
20.220 (R-3 Multiple Family
Residential Zone)
Other Updates: The following items have been addressed throughout the code in various chapters and sections:
• Update residential density regulations for the R-2 and R-3 Zones to be consistent with the density regulations in the General Plan update.
• Revise the definition for Dwelling Units to provide more clarity. • Revise incorrect reference prominent ridge lines definition in the wireless communication facilities regulations.
• Correct title of Community Development Director.
• Correct grammatical errors and update general inconsistencies.
ATTACHMENT D
CITY OF BREA
CITY COUNCIL NOTICE OF PUBLIC HEARING FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2026-02.
NOTICE IS HEREBY GIVEN by the City of Brea that a public hearing will be held at a City Council Meeting on Tuesday, June 2, 2026 at 7:00 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, to consider the following application:
REQUEST: The City of Brea requests approval of the following entitlements: Zoning Ordinance Text Amendment (ZOTA) No. 2026-02 to amend Chapters 20.00,
20.08, 20.11, 20.28, 20.52, 20.68, 20.208, 20.212, 20.216, and 20.220. The purpose of this zoning ordinance text amendment is to: 1) comply with housing laws for replacement housing requirements; 2) provide clarity and consistency with updated ADU and JADU state laws; 3) reorganize residential development standards; 4) update drive aisle widths and driveway standards; 5) clarify and reorganize standards for free-standing signs; 6) update land use regulations for Personal Services; and 7) clarify certain zoning ordinance provisions and address existing grammatical errors, unclear definitions, incorrect references, and internal inconsistency.
LOCATION: Citywide
PLANNING
COMMISSION
RECOMMMENDATION
At the May 12, 2026 Planning Commission meeting, the Planning Commission, on a 4-0-1 vote, recommended that the City Council approve the proposed ZOTA No. 2026-02.
ENVIRONMENTAL: The project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed zoning code text amendments are exempt from the requirements of the CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
ALL INTERESTED PERSONS ARE INVITED TO ATTEND SAID HEARING AND EXPRESS OPINIONS ON THE MATTERS OUTLINED ABOVE. FURTHER INFORMATION MAY BE OBTAINED BY CALLING THE PLANNING DIVISION AT (714) 990-7674 OR BY EMAIL AT [email protected].
IF YOU CHALLENGE PROJECT AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT,
YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT
THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.
Victoria Popescu
City Clerk
Date: 5/13/2026 Publish: 5/21/2026
CITYofBREA
City Council Regular Meeting
Communication
June 2, 2026
Item No. 6C.
Public Hearing to Consider Levying an Assessment for Landscape and Lighting Maintenance Districts Nos. 1, 2, 3, 4, 5, 6 and 7 for Fiscal Year 2026-2027
TO PREPARED BY
Honorable Mayor and City Council Members Matthew Cuevas, Senior Management Analyst
DEPARTMENT HEAD APPROVAL CITY MANAGER APPROVAL
Michael Ho, Public Works Director Kristin Griffith, City Manager
RECOMMENDATION
Staff recommends that the City Council take the following action:
1. Adopt Resolution Nos. 2026-37 through 2026-43, levying assessments for Fiscal Year 2026-27 after receiving testimony at the Public Hearing on June 2, 2026.
BACKGROUND/DISCUSSION
The City of Brea has seven Landscape and Lighting Maintenance Districts (LLMDs) assessed annually. Per the Landscape and Lighting Act of 1972, the City shall assess each Maintenance District. Based on public meetings held between the City and property owners in each District, the annual assessment amounts are determined.
Referenced in Exhibit A is a map of the seven Districts. The estimated assessments for FY 2026-27, based on public meetings held with each LLMD, are as follows:
Maintenance District #1 (American National - 103 Parcels) On February 25, 2026, seven representatives from four parcels attended the community meeting. The total costs for FY 2025-26 are estimated to be $64,704. The total annual assessment amount for this District is currently $55,929. There were no changes to the assessment amount for FY 2026-27. The annual assessment will remain at $543.00 per parcel. The estimated costs for FY 2026-27 will require an expenditure of $8,500 from the District's reserve fund. By June 30, 2026, the District's reserves will be $9,721.
The District will exhaust its remaining reserves by the end of FY 2026-27, as annual maintenance costs are likely to exceed the amount collected from annual assessments. This District has not raised its annual assessment amounts since 1997. At the community meeting, discussions focused on the current annual assessment amount.
Staff and property owners in attendance will hold additional meetings to discuss how to move forward regarding the annual assessments. Staff will report back to the City Council in the near future regarding how the District's property owners would like to proceed.
Maintenance District #2 (Baldwin - 297 Parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscaped areas. On February 26, 2026, one representative from one parcel attended the community meeting. The total costs for FY 2025-26 are estimated to be $7,577. The total annual assessment for this District is currently $5,494.50. There were no changes to the assessment amount for FY 2026-27. The estimated costs for FY 2026-27 will require an estimated expenditure of $3,410 from the District's reserve fund. The annual assessment will remain $18.50 per parcel. By June 30, 2026, the District's reserves will be $31,671.
Maintenance District #3 (Eagle Development - 188 Parcels) On February 24, 2026, eight representatives from six parcels attended the community meeting. The total costs for FY 2025-26 are estimated to be $123,767. The total annual assessment for this District is $116,693.48, or $620.71 per parcel. The estimated costs for FY 2026-27 will require an estimated expenditure of $24,439 from the District's reserve fund. Homeowners in attendance directed staff to increase the assessment by the Consumer Price Index (CPI) of 3.2% from the prior 12-month period. The annual assessment for FY 2026-27 will be $640.57 per parcel, an increase of $19.86, which is the maximum allowable assessment for FY 2026-27. By June 30, 2026, the District's reserves will be $61,779.
Maintenance District #4 (Ponderosa - 230 Parcels)
The assessment for this District is for theme street lighting maintenance only. The Homeowners' Association maintains the common landscape areas. On February 26, 2026, no representatives attended the community meeting. The total estimated costs for FY 2025-26 are $5,330. The total annual assessment for this District is currently $2,760. There were no changes to the assessment amount for FY 2025-26. The annual assessment will remain $12.00 per parcel. The estimated costs for FY 2026-27 will require an expenditure of $2,826 from the District's reserve fund. By June 30, 2026, the District's reserves will be $16,575.
Maintenance District #5 (Konweiser - 113 Parcels)
On February 25, 2026, six representatives from five parcels attended the community meeting. The total costs for FY 2025- 26 are estimated to be $141,426. The total annual assessment for this District is $122,305.55. There were no changes to the assessment amount for FY 2026-27. The annual assessment will remain at $ 1,082.35 per parcel. The estimated costs for FY 2026-27 will require an expenditure of $20,071 from the District's reserve fund.
By June 30, 2026, the District's reserves will be $135,172.
Maintenance District #6 (Schmid Development - 135 Parcels) Of the seven Districts, this is the largest District with 16 acres of common landscaped areas. On February 24, 2026, nine representatives from seven parcels attended the community meeting. The total costs for FY 2025-26 are estimated to be $234,849. The total annual assessment for this District is $236,297.25 or $1,750.35 per parcel per year. There were no changes to the assessment amount for FY 2026-27. The annual assessment will remain $1,750.35 per parcel. By June 30, 2026, the District's reserves will be $289,461.
Maintenance District #7 (Baywood Development - 96 Parcels) On February 25, 2026, no representatives attended the community meeting. The total costs for FY 2025-26 are estimated to be $38,541. The total annual assessment for this District is $35,047.68 or $365.08 per parcel per year.
There were no changes to the assessment amount for FY 2026-27. The annual assessment will remain at $365.08 per parcel. By June 30, 2026, the District's reserves will be $11,484.
COMMISSION/COMMITTEE RECOMMENDATION
The Finance Committee reviewed staff's recommendation at their May 26, 2026 meeting, and recommended for City Council approval.
FISCAL IMPACT/SUMMARY
There will be no impact to the General Fund by this action. A separate assessment provides for all funding for the maintenance of the Districts. In addition, the Districts reimburse the General Fund for staff time. The estimated assessments for FY 2026-27, as detailed in the Engineer's Report, are as follows:
Maintenance
District
2025-2026
Assessment
Per Lot Per
Year
2026-2027
Assessment
Per Lot Per
Year
Change in
Assessment
Per Lot Per
Year
% Change
M.D. #1 $543.00 $543.00 $0 0%
M.D. #2 $18.50 $18.50 $0 0%
M.D. #3 $620.71 $640.57 $19.86 3.2%
M.D. #4 $12.00 $12.00 $0 0%
M.D. #5 $1,082.35 $1,082.35 $0 0%
M.D. #6 $1,750.35 $1,750.35 $0 0%
M.D. #7 $365.08 $365.08 $0 0%
As called for in the Landscape and Lighting Act of 1972, a yearly assessment is to be made for each Maintenance District. Staff held meetings with the homeowners to discuss the coming year's budget and improvement projects. It is recommended that the seven resolutions levying assessments for FY 2026-27 be adopted after receiving testimony at the Public Hearing on June 2, 2026 at 7:00 p.m.
Attachments
Exhibit A - Maintenance Districts Map
Resolution LLMD #1
Resolution LLMD #2
Resolution LLMD #3
Resolution LLMD #4
Resolution LLMD #5
Resolution LLMD #6
Resolution LLMD #7
Engineers Report for LLMD Nos 1-7
Exhibit A
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 2026-2027 A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Landscape and Lighting Assessment District No. 1 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $543.00 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: ___________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1 INCLUDES ALL
OF THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9121 RECORDED IN BOOK 378, PAGES 49 AND 50; TRACT NO. 9341 RECORDED IN BOOK 395, PAGES 28, 29 AND 30; AND OF TRACT NO 9342 RECORDED IN BOOK 386, PAGES 41, 42 AND 43, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LIGHTING ASSESSMENT
DISTRICT NO. 2 FOR THE FISCAL YEAR 2026-2027
A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Lighting Assessment District No. 2 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $18.50 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ________________________
______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 2
THE BOUNDARIES OF LIGHTING ASSESSMENT DISTRICT NO. 2 IS DESCRIBED AS “BEING THE BOUNDARY OF ANNEXATION NO. 8-74 TO THE CITY OF BREA, COUNTY OF ORANGE, STATE OF CALIFORNIA,” ALSO BEING ALL THE PROPERTIES LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9227 RECORDED IN BOOK 392, PAGES 5 THROUGH 12; TRACT NO. 9228 RECORDED IN BOOK 428, PAGES 32 THROUGH 38; AND TRACT NO. 8857 RECORDED IN BOOK 464, PAGES 38 THROUGH 44, ALL OF MISCELLANEOUS MAPS, RECORDS OR ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 3 FOR THE FISCAL YEAR 2026-2027 A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Landscape and Lighting Assessment District No. 3 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $640.57 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED:_________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 3 INCLUDES ALL
OF THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8242 RECORDED IN BOOK 428, PAGES 19 THROUGH 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LIGHTING ASSESSMENT
DISTRICT NO. 4 FOR THE FISCAL YEAR 2026-2027
A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Lighting Assessment District No. 4 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $12.00 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED:_________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LIGHTING ASSESSMENT DISTRICT NO. 4
LIGHTING ASSESSMENT DISTRICT NO. 4 INCLUDES ALL THE
PROPERTIES LOCATED IN THE CITY OF BREA WITHIN TRACT NO. 10224 AS SHOWN ON A MAP RECORDED IN BOOK 436, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10324 AS SHOWN ON A MAP RECORDED IN BOOK 447, PAGES 3 THROUGH 5 INCLUSIVE, TRACT NO. 10325 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 9 THROUGH 12 INCLUSIVE, TRACT NO. 10326 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 13 THROUGH 16 INCLUSIVE, TRACT NO. 10327 AS SHOWN ON A MAP RECORDED IN BOOK 461, PAGES 17 THROUGH 20 INCLUSIVE, AND TRACT NO. 9298 AS SHOWN ON A MAP RECORDED IN BOOK 476, PAGES 5 THROUGH 7 INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 5 FOR THE FISCAL YEAR 2026-2027 A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Landscape and Lighting Assessment District No. 5 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $1,082.35 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: _________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 5 INCLUDES ALL
THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 9111 RECORDED IN BOOK 374, PAGES 24, 25 AND 26 OF TRACT NO. 9414 RECORDED IN BOOK 409, PAGES 8 AND 9, AND OF TRACT NO. 9473 RECORDED IN BOOK 291, PAGES 26, 27 AND 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 6 FOR THE FISCAL YEAR 2026-2027 A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Landscape and Lighting Assessment District No. 6 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea as follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $1,750.35 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: __________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: _________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 6 INCLUDES ALL
THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 8820, RECORDED IN BOOK 454, PAGES 19 THROUGH 24 INCLUSIVE, TRACT NO. 9531, RECORDED IN BOOK 423, PAGES 24 THROUGH 28 INCLUSIVE, AND TRACT NO. 9532 RECORDED IN BOOK 454, PAGES 25 THROUGH 28, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
RESOLUTION NO. 2026-
A RESOLUTION OF THE COUNCIL OF THE CITY OF BREA LEVYING
AN ASSESSMENT ON CITY OF BREA LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT NO. 7 FOR THE FISCAL YEAR 2026-2027 A. RECITALS:
(i) By Resolution, this Council approved a report of the Public Works Director related to City of Brea Landscape and Lighting Assessment District No. 7 prepared pursuant to Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of the levy of an assessment thereon for fiscal year 2026-2027. A description of the area encompassed by said assessment district is attached hereto as “Exhibit A.” (ii) Said hearing was duly and properly noticed, commenced at the Council Chambers, Brea Civic & Cultural Center, 1 Civic Center Circle, Brea, California, on June 2, 2026, and was concluded prior to the adoption of this resolution. (iii) All legal prerequisites to the adoption of the Resolution have occurred.
B. RESOLUTION:
NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the City Council of the City of Brea follows:
1. In all respects as set forth in the Recitals, Part A, of this Resolution.
2. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Brea are hereby ordered to be completed.
3. The assessment diagram contained in the report referred to hereinabove and the assessment of $365.08 for each lot located within said District are hereby adopted and confirmed and said assessment is levied for the 2026-2027 fiscal year.
4. The Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied hereby.
5. The City Clerk shall forthwith transfer to the County Auditor of Orange County a certified copy of this Resolution and a certified copy of the assessment diagram contained in the report referred to hereinabove.
APPROVED AND ADOPTED this 2nd day of June, 2026.
_______________________________
Cecilia Hupp, Mayor
ATTEST: _________________________
Victoria Popescu, 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 City Council of the City of Brea, held on the 2nd day of June, 2026, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
DATED: ________________________
_______________________________
Victoria Popescu, City Clerk
EXHIBIT “A”
LEGAL DESCRIPTION
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 7 INCLUDES ALL
THE PROPERTIES IN THE CITY OF BREA LOCATED WITHIN THE TRACT BOUNDARY OF TRACT NO. 14656, RECORDED IN BOOK 746, PAGES 47 THROUGH 49 INCLUSIVE, TRACT NO. 14658, RECORDED IN BOOK 724, PAGES 9 THROUGH 11 INCLUSIVE, TRACT NO. 14657 RECORDED IN BOOK 733, PAGES 15 THROUGH 17 INCLUSIVE, TRACT NO. 15070, RECORDED IN BOOK 738, PAGES 27 THROUGH 30 INCLUSIVE, ALL OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Landscape and Lighting
Maintenance District
No. 1
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 6 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 1 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 1, City of Brea." This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho P.E., Director
Public Works Department
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted and approved Resolution Nos. 82-57 and 82- 58 detaching certain territory from Landscape and Lighting Maintenance District No. 1 adopted by Resolution No. 76-74 and adopted Resolution No. 82-59 creating amended Maintenance District No. 1 in the City of Brea.
The creating of Lighting and Maintenance District No. 1 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project. The amended Landscape and Lighting Maintenance District No. 1 was subsequently formed June 1, 1982 by Resolution No. 82-59.
The formation of the amended district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on June 1, 1982.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in Public Street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 1 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $17,400
4113 Overtime $150
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $180
Fixed Costs Totals $17,805
2. ROUTINE COSTS
4211 Postage $105
4249 Professional Svs/Other $3,000
4261 Svc & Repair Equipment $410
4266 Contract Services/Grounds Maintenance $18,369
4282 Electric $1,500
4285 Water $21,500
4337 Electrical Supplies & Parts $250
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,524
Routine Costs Totals $46,658
Total Costs (Fixed & Routine) $64,463
Est. Fund Balance as of 1-Jul-2026 $9,721
Projected Reserve Balance 30-Jun-2027 $1,187
FY 2026-27 Annual Assessments $55,929
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$55,929 / 103 SFR's = $543.00 / SFR
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 5 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 31920129 1 9121 $543.00 36 31921217 8 9342 $543.00 71 31921328 39 9341 $543.00 2 31920128 2 9121 $543.00 37 31921216 9 9342 $543.00 72 31921329 40 9341 $543.00 3 31920127 3 9121 $543.00 38 31921201 10 9342 $543.00 73 31921330 41 9341 $543.00 4 31920126 4 9121 $543.00 39 31921202 11 9342 $543.00 74 31921331 42 9341 $543.00 5 31920125 5 9121 $543.00 40 31921203 12 9342 $543.00 75 31921327 1 9341 $543.00 6 31920124 6 9121 $543.00 41 31921204 13 9342 $543.00 76 31921328 2 9341 $543.00 7 31920123 7 9121 $543.00 42 31921205 14 9342 $543.00 77 31921329 3 9341 $543.00 8 31920122 8 9121 $543.00 43 31921206 15 9342 $543.00 78 31921330 4 9341 $543.00 9 31920121 9 9121 $543.00 44 31921207 16 9342 $543.00 79 31921331 5 9341 $543.00 10 31920120 10 9121 $543.00 45 31921208 17 9342 $543.00 80 31921332 6 9341 $543.00 11 31920119 11 9121 $543.00 46 31921209 18 9342 $543.00 81 31921333 7 9341 $543.00 12 31920118 12 9121 $543.00 47 31921210 19 9342 $543.00 82 31921334 8 9341 $543.00 13 31920117 13 9121 $543.00 48 31921212 20 9342 $543.00 83 31921335 9 9341 $543.00 14 31920116 14 9121 $543.00 49 31921211 21 9342 $543.00 84 31921336 10 9341 $543.00 15 31920115 15 9121 $543.00 50 31921213 22 9342 $543.00 85 31921337 11 9341 $543.00 16 31920114 16 9121 $543.00 51 31921214 23 9342 $543.00 86 31921338 12 9341 $543.00 17 31920113 17 9121 $543.00 52 31921215 24 9342 $543.00 87 31921339 13 9341 $543.00 18 31920112 18 9121 $543.00 53 31921101 25 9342 $543.00 88 31921306 14 9341 $543.00 19 31920111 19 9121 $543.00 54 31921102 26 9342 $543.00 89 31921305 15 9341 $543.00 20 31920110 20 9121 $543.00 55 31921103 27 9342 $543.00 90 31921304 16 9341 $543.00 21 31920109 21 9121 $543.00 56 31921104 28 9342 $543.00 91 31921303 17 9341 $543.00 22 31920108 22 9121 $543.00 57 31921105 29 9342 $543.00 92 31921302 18 9341 $543.00 23 31920107 23 9121 $543.00 58 31921106 30 9342 $543.00 93 31921301 19 9341 $543.00 24 31920106 24 9121 $543.00 59 31921107 31 9342 $543.00 94 31921317 20 9341 $543.00 25 31920105 25 9121 $543.00 60 31921108 32 9342 $543.00 95 31921316 21 9341 $543.00 26 31920104 26 9121 $543.00 61 31921109 33 9342 $543.00 96 31921315 22 9341 $543.00 27 31920103 27 9121 $543.00 62 31921319 30 9341 $543.00 97 31921314 23 9341 $543.00 28 31920102 28 9121 $543.00 63 31921320 31 9341 $543.00 98 31921313 24 9341 $543.00 29 31921224 1 9342 $543.00 64 31921321 32 9341 $543.00 99 31921312 25 9341 $543.00 30 31921223 2 9342 $543.00 65 31921322 33 9341 $543.00 100 31921311 26 9341 $543.00 31 31921222 3 9342 $543.00 66 31921323 34 9341 $543.00 101 31921310 27 9341 $543.00 32 31921221 4 9342 $543.00 67 31921324 35 9341 $543.00 102 31921308 28 9341 $543.00 33 31921220 5 9342 $543.00 68 31921325 36 9341 $543.00 103 31921309 29 9341 $543.00 34 31921219 6 9342 $543.00 69 31921326 37 9341 $543.00
35 31921218 7 9342 $543.00 70 31921327 38 9341 $543.00
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 6 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 1 is included herein.
District No. 1 is generally located east, north of State College Boulevard, adjacent to Fanning School, and includes Tract Nos. 9121, 9341 and 9342.
District No. 1 includes all of the properties in the City of Brea located within the tract boundary of Tract No. 9121 recorded in Book 378, Pages 49 and 50; Tract No. 9341 recorded in Book 395, Pages 28, 29 and 30; and of Tract No. 9342 recorded in Book 386, Pages 41, 42 and 43, all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27.
The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 7 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 8 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 9 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 10 City of Brea April
21, 2026
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21, 2026
Landscape & Lighting Maintenance District No. 1, FY 2026-27 Page 12 Lighting
Maintenance District
No. 2
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 7 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Lighting Maintenance District No. 2 Transmitted herewith for your review and consideration is a report entitled, "Lighting Maintenance District No. 2, City of Brea."
This report has been prepared in accordance with the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscaping and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 1
Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted and approved Resolution No. 78-76, creating Lighting and Maintenance District No. 2 in the City of Brea.
The creation of Lighting and Maintenance District No. 2 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8857, known as "North Hills" development project.
No landscape maintenance is included in this district as the slopes are to be maintained by the homeowner or the homeowners' association, as required by the Conditions of Approval for Tentative Tract No. 8857.
The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.
The purpose of this report is to be utilized by the staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California Streets and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 2
PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities; providing for the cleaning, sandblasting, and painting of poles and other improvements for general upkeep and to remove or cover graffiti.
Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 3
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 2 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $5,610
4113 Overtime $100
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $20
Fixed Costs Totals $5,805
2. ROUTINE COSTS
4211 Postage $152
4261 Repairs to Equipment $1,428
4337 Electrical Supplies $1,020
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $500
Routine Costs Totals $3,100
Total Costs (Fixed & Routine) $8,905
Est. Fund Balance as of 1-Jul-2026 $31,671
Projected Reserve Balance 30-Jun-2027 $28,261
FY 2026-27 Annual Assessments $5,495
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 4
PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.
This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The North Hills Development project (Tract Nos. 9227, 9228 and 8857 in the City of Brea) was developed under conditions of development required by the City Council of the City of Brea.
The parcels of land in the District are single-family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$5,495 / 297 SFR's = $18.50 / SFR
City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 5
PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for fiscal year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30424201 13 9227 $18.50 41 30425224 53 9227 $18.50 81 30424108 93 9227 $18.50 2 30424202 14 9227 $18.50 42 30425225 54 9227 $18.50 82 30424107 94 9227 $18.50 3 30424203 15 9227 $18.50 43 30425226 55 9227 $18.50 83 30424106 95 9227 $18.50 4 30424204 16 9227 $18.50 44 30425227 56 9227 $18.50 84 30424105 96 9227 $18.50 5 30424205 17 9227 $18.50 45 30425228 57 9227 $18.50 85 30424104 97 9227 $18.50 6 30424206 18 9227 $18.50 46 30425229 58 9227 $18.50 86 30424103 98 9227 $18.50 7 30424207 19 9227 $18.50 47 30425230 59 9227 $18.50 87 30424102 99 9227 $18.50 8 30424208 21 9227 $18.50 48 30425231 60 9227 $18.50 88 30424101 100 9227 $18.50 9 30424209 21 9227 $18.50 49 30425232 61 9227 $18.50 89 30425112 101 9227 $18.50 10 30424210 22 9227 $18.50 50 30425233 62 9227 $18.50 90 30425111 102 9227 $18.50 11 30424211 23 9227 $18.50 51 30425234 63 9227 $18.50 91 30425110 103 9227 $18.50 12 30424212 24 9227 $18.50 52 30425235 64 9227 $18.50 92 30425109 104 9227 $18.50 13 30424213 25 9227 $18.50 53 30425236 65 9227 $18.50 93 30425108 105 9227 $18.50 14 30424214 26 9227 $18.50 54 30425237 66 9227 $18.50 94 30425107 106 9227 $18.50 15 30424215 27 9227 $18.50 55 30425238 67 9227 $18.50 95 30425106 107 9227 $18.50 16 30424216 28 9227 $18.50 56 30425239 68 9227 $18.50 96 30425105 108 9227 $18.50 17 30424217 29 9227 $18.50 57 30425240 69 9227 $18.50 97 30425104 109 9227 $18.50 18 30424218 30 9227 $18.50 58 30425241 70 9227 $18.50 98 30425103 110 9227 $18.50 19 30424219 31 9227 $18.50 59 30425242 71 9227 $18.50 99 30425102 111 9227 $18.50 20 30424220 32 9227 $18.50 60 30425243 72 9227 $18.50 100 30425101 112 9227 $18.50 21 30424221 33 9227 $18.50 61 30425244 73 9227 $18.50 101 30425111 113 9227 $18.50 22 30424222 34 9227 $18.50 62 30425245 74 9227 $18.50 102 30425110 114 9227 $18.50 23 30424223 35 9227 $18.50 63 30425246 75 9227 $18.50 103 30425109 115 9227 $18.50 24 30424224 36 9227 $18.50 64 30425247 76 9227 $18.50 104 30425108 116 9227 $18.50 25 30424225 37 9227 $18.50 65 30425248 77 9227 $18.50 105 30425107 117 9227 $18.50 26 30424226 38 9227 $18.50 66 30425249 78 9227 $18.50 106 30425106 118 9227 $18.50 27 30424227 39 9227 $18.50 67 30424122 79 9227 $18.50 107 30425105 119 9227 $18.50 28 30424228 40 9227 $18.50 68 30424121 80 9227 $18.50 108 30425104 120 9227 $18.50 29 30424229 41 9227 $18.50 69 30424120 81 9227 $18.50 109 30425103 121 9227 $18.50 30 30425213 42 9227 $18.50 70 30424119 82 9227 $18.50 110 30425102 122 9227 $18.50 31 30425214 43 9227 $18.50 71 30424118 83 9227 $18.50 111 30425101 123 9227 $18.50 32 30425215 44 9227 $18.50 72 30424117 84 9227 $18.50 112 30423501 1 9228 $18.50 33 30425216 45 9227 $18.50 73 30424116 85 9227 $18.50 113 30423502 2 9228 $18.50 34 30425217 46 9227 $18.50 74 30424115 86 9221 $18.50 114 30423503 3 9228 $18.50 35 30425218 47 9227 $18.50 75 30424114 87 9227 $18.50 115 30426221 4 9228 $18.50 36 30425219 48 9227 $18.50 76 30424113 88 9227 $18.50 116 30426222 5 9228 $18.50 37 30425220 49 9227 $18.50 77 30424112 89 9227 $18.50 117 30426223 6 9228 $18.50 38 30425221 50 9227 $18.50 78 30424111 90 9227 $18.50 118 30426224 7 9228 $18.50 39 30425222 51 9227 $18.50 79 30424110 91 9227 $18.50 119 30426225 8 9228 $18.50 40 30425223 52 9227 $18.50 80 30424109 92 9227 $18.50 120 30426226 9 9228 $18.50 City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 121 30423411 10 9228 $18.50 180 30426105 69 9228 $18.50 239 30427210 80 8857 $18.50 122 30423410 11 9228 $18.50 181 30426104 70 9228 $18.50 240 30427211 81 8857 $18.50 123 30423409 12 9228 $18.50 182 30426103 71 9228 $18.50 241 30427212 82 8857 $18.50 124 30423408 13 9228 $18.50 183 30426102 72 9228 $18.50 242 30427213 83 8857 $18.50 125 30423407 14 9228 $18.50 184 30426101 73 9228 $18.50 243 30427229 55 8857 $18.50 126 30423406 15 9228 $18.50 185 30423307 74 9228 $18.50 244 30427228 56 8857 $18.50 127 30423405 16 9228 $18.50 186 30423308 75 9228 $18.50 245 30427227 57 8857 $18.50 128 30423404 17 9228 $18.50 187 30423309 76 9228 $18.50 246 30427226 58 8857 $18.50 129 30423403 18 9228 $18.50 188 30423301 77 9228 $18.50 247 30427225 59 8857 $18.50 130 30423402 19 9228 $18.50 189 30423302 78 9228 $18.50 248 30427224 60 8857 $18.50 131 30423401 20 9228 $18.50 190 30423303 79 9228 $18.50 249 30427223 61 8857 $18.50 132 30426201 21 9228 $18.50 191 30423304 80 9228 $18.50 250 30427222 62 8857 $18.50 133 30426202 22 9228 $18.50 192 30423201 81 9228 $18.50 251 30427221 63 8857 $18.50 134 30426203 23 9228 $18.50 193 30423202 82 9228 $18.50 252 30427220 64 8857 $18.50 135 30426204 24 9228 $18.50 194 30423115 83 9228 $18.50 253 30427219 65 8857 $18.50 136 30426205 25 9228 $18.50 195 30423116 84 9228 $18.50 254 30427218 66 8857 $18.50 137 30426206 26 9228 $18.50 196 30423117 85 9228 $18.50 255 30427217 67 8857 $18.50 138 30426207 27 9228 $18.50 197 30423118 86 9228 $18.50 256 30427216 68 8857 $18.50 139 30426208 28 9228 $18.50 198 30423119 87 9228 $18.50 257 30427215 69 8857 $18.50 140 30426209 29 9228 $18.50 199 30423120 88 9228 $18.50 258 30427214 70 8857 $18.50 141 30426210 30 9228 $18.50 200 30423121 89 9228 $18.50 259 30427201 71 8857 $18.50 142 30426211 31 9228 $18.50 201 30423122 90 9228 $18.50 260 30427202 72 8857 $18.50 143 30426212 32 9228 $18.50 202 30423123 91 9228 $18.50 261 30427203 73 8857 $18.50 144 30426213 33 9228 $18.50 203 30423101 12 9227 $18.50 262 30427204 74 8857 $18.50 145 30426214 34 9228 $18.50 204 30423102 11 9227 $18.50 263 30427205 75 8857 $18.50 146 30426215 35 9228 $18.50 205 30423103 10 9227 $18.50 264 30427206 76 8857 $18.50 147 30426216 36 9228 $18.50 206 30423104 9 9227 $18.50 265 30427207 77 8857 $18.50 148 30426217 37 9228 $18.50 207 30423105 8 9227 $18.50 266 30427320 23 8857 $18.50 149 30426218 38 9228 $18.50 208 30423106 7 9227 $18.50 267 30427319 24 8857 $18.50 150 30426219 39 9228 $18.50 209 30423107 6 9227 $18.50 268 30427318 25 8857 $18.50 151 30426220 40 9228 $18.50 210 30423108 5 9227 $18.50 269 30427317 26 8857 $18.50 152 30426133 41 9228 $18.50 211 30423109 4 9227 $18.50 270 30427316 27 8857 $18.50 153 30426132 42 9228 $18.50 212 30423110 3 9227 $18.50 271 30427315 28 8857 $18.50 154 30426131 43 9228 $18.50 213 30423111 2 9227 $18.50 272 30427314 29 8857 $18.50 155 30426130 44 9228 $18.50 214 30423112 1 9227 $18.50 273 30427313 30 8857 $18.50 156 30426129 45 9228 $18.50 215 30423124 1 8857 $18.50 274 30427312 31 8857 $18.50 157 30426128 46 9228 $18.50 216 30423125 2 8857 $18.50 275 30427311 32 8857 $18.50 158 30426127 47 9228 $18.50 217 30427339 3 8857 $18.50 276 30427310 33 8857 $18.50 159 30426126 48 9228 $18.50 218 30427338 4 8857 $18.50 277 30427309 34 8857 $18.50 160 30426125 49 9228 $18.50 219 30427337 5 8857 $18.50 278 30427308 35 8857 $18.50 161 30426124 50 9228 $18.50 220 30427336 6 8857 $18.50 279 30427307 36 8857 $18.50 162 30426123 51 9228 $18.50 221 30427335 7 8857 $18.50 280 30427306 37 8857 $18.50 163 30426122 52 9228 $18.50 222 30427334 8 8857 $18.50 281 30427305 38 8857 $18.50 164 30426121 53 9228 $18.50 223 30427333 9 8857 $18.50 282 30427304 39 8857 $18.50 165 30426120 54 9228 $18.50 224 30427332 10 8857 $18.50 283 30427303 40 8857 $18.50 166 30426119 55 9228 $18.50 225 30427331 11 8857 $18.50 284 30427302 41 8857 $18.50 167 30426118 56 9228 $18.50 226 30427330 12 8857 $18.50 285 30427301 42 8857 $18.50 168 30426117 57 9228 $18.50 227 30427329 13 8857 $18.50 286 30427101 43 8857 $18.50 169 30426116 58 9228 $18.50 228 30427328 14 8857 $18.50 287 30427102 44 8857 $18.50 170 30426115 59 9228 $18.50 229 30423203 15 8857 $18.50 288 30427103 45 8857 $18.50 171 30426114 60 9228 $18.50 230 30427327 16 8857 $18.50 289 30427104 46 8857 $18.50 172 30426113 61 9228 $18.50 231 30427326 17 8857 $18.50 290 30427105 47 8857 $18.50 173 30426112 62 9228 $18.50 232 30427325 18 8857 $18.50 291 30427106 48 8857 $18.50 174 30426111 63 9228 $18.50 233 30427324 19 8857 $18.50 292 30427107 49 8857 $18.50 175 30426110 64 9228 $18.50 234 30427323 20 8857 $18.50 293 30427108 50 8857 $18.50 176 30426109 65 9228 $18.50 235 30427322 21 8857 $18.50 294 30427109 51 8857 $18.50 177 30426108 66 9228 $18.50 236 30427321 22 8857 $18.50 295 30427110 52 8857 $18.50 178 30426107 67 9228 $18.50 237 30427208 78 8857 $18.50 296 30427111 53 8857 $18.50 179 30426106 68 9228 $18.50 238 30427209 79 8857 $18.50 297 30427112 54 8857 $18.50 City of Brea April 21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 2 is included herein.
District No. 2 is generally located west of Berry Street, north of Central Avenue, and south of Northwood Avenue.
The boundaries of District No. 2 are described as "being the boundary of Annexation No. 8-74 to the City of Brea, County of Orange, State of California." Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for fiscal year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April
21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 8
City of Brea April
21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 9
City of Brea April
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Lighting Maintenance District No. 2, FY 2026-27 Page 10 City of Brea April
21, 2026
Lighting Maintenance District No. 2, FY 2026-27 Page 11 Landscape and Lighting
Maintenance District
No. 3
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary............................... 10 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 3 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 3, City of Brea." This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code, Article XIIID of the California Constitution, and the Proposition 218 Omnibus Implementation Act.
Background:
The City Council of the City of Brea adopted Resolution No. 78-77 on July 5, 1978 creating Lighting and Maintenance District No. 3. This Lighting and Maintenance District was a condition of development for Tract No. 8242 in the City of Brea.
Tract No. 8242 was planned and has been developed adjacent to a 40-foot MWD easement for the MWD Lower Feeder, which diagonally traverses the property limits of Tract No. 8242.
This MWD easement was graded (within the limits of MWD specifications) and landscaped (under conditions of development) to act as a greenbelt trail area for the residents of the tract.
In addition to the MWD easement greenbelt, another landscaping greenbelt area was completed in a 20-foot easement adjacent to Birch Street.
In order to assure the maintenance of the greenbelts and the payment of fees for maintaining the greenbelt and the cost of energy for theme lighting, a condition of development was the requirement that a Lighting and Maintenance District be formed over the entire limits of Tract No. 8242.
In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator which allows the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the landscape and lighting improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 3 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $14,520
4113 Overtime $200
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $100
Fixed Costs Totals $14,895
2. ROUTINE COSTS
4211 Postage $190
4249 Professional Svc-Other $45,000
4261 Svc/Repairs to Equipment $1,530
4266 Contract Services/Grounds Maintenance $32,656
4282 Electricity $2,500
4285 Water $40,000
4337 Electrical Supplies & Parts $1,000
4339 Construction & Maintenance/Other $1,852
4379 Nursery Supplies $255
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,254
Routine Costs Totals $126,237
Total Costs (Fixed & Routine) $141,132
Est. Fund Balance as of 1-Jul-2026 $61,779
Projected Reserve Balance 30-Jun-2027 $41,074
FY 2026-27 Annual Assessments $120,427
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned property which benefit from the improvements be assessed.
SPECIAL BENEFIT ANALYSIS
Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway.
The ongoing operation and maintenance of the street landscaping, slopes and greenways within the City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 5 district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.
Theme Lighting. Proper maintenance and operation of pedestrian and street lights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
• Mitigates crime
• Alleviates the fear of crime
• Enhances safe ingress/egress to property
Community Character and Vitality
• Promotes social interaction
• Contributes to a positive nighttime visual image
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$120,427.16/ 188 SFR’s = $640.57 / SFR
This assessment rate is the maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2026-27 is 3.2%.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $336.27 / SFR
FY 2004-05 1.8% $342.32 / SFR
FY 2005-06 4.4% $357.39 / SFR
FY 2006-07 4.5% $373.47 / SFR
FY 2007-08 4.3% $389.53 / SFR
FY 2008-09 3.3% $402.38 / SFR
FY 2009-10 3.5% $416.47 / SFR
FY 2010-11 0% $416.47 / SFR
FY 2011-12 1.2% $421.47 / SFR
FY 2012-13 2.7% $432.85 / SFR
FY 2013-14 2% $441.51 / SFR
FY 2014-15 1.1% $446.37 / SFR
FY 2015-16 .7% $449.49 / SFR
FY 2016-17 2% $458.48 / SFR
FY 2017-18 1.9% $467.19 / SFR
FY 2018-19 2.8% $480.27 / SFR
FY2019-20 3.2% $495.64 / SFR
FY2020-21 3.1% $511.00/SFR
FY 2021-22 1.6% $519.18/SFR
FY 2022-23 6.6% $553.44/SFR
FY 2023-24 4.9% $580.56/SFR
FY 2024-25 3.5% $600.88/SFR
FY 2025-26 3.3% $620.71/SFR
FY 2026-27 3.2% $640.57/SFR
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 7 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
1 32026208 1 8242 $640.57 39 32024107 39 8242 $640.57
2 32026209 2 8242 $640.57 40 32024108 40 8242 $640.57
3 32026210 3 8242 $640.57 41 32024109 41 8242 $640.57
4 32026211 4 8242 $640.57 42 32024110 42 8242 $640.57
5 32026212 5 8242 $640.57 43 32024111 43 8242 $640.57
6 32026213 6 8242 $640.57 44 32024112 44 8242 $640.57
7 32026214 7 8242 $640.57 45 32024113 45 8242 $640.57
8 32026215 8 8242 $640.57 46 32024114 46 8242 $640.57
9 32025401 9 8242 $640.57 47 32024125 47 8242 $640.57
10 32025402 10 8242 $640.57 48 32024126 48 8242 $640.57 11 32025403 11 8242 $640.57 49 32024127 49 8242 $640.57 12 32025404 12 8242 $640.57 50 32024128 50 8242 $640.57 13 32025405 13 8242 $640.57 51 32024123 51 8242 $640.57 14 32025406 14 8242 $640.57 52 32024124 52 8242 $640.57 15 32025311 15 8242 $640.57 53 32024210 53 8242 $640.57 16 32025309 16 8242 $640.57 54 32024209 54 8242 $640.57 17 32025308 17 8242 $640.57 55 32024208 55 8242 $640.57 18 32025307 18 8242 $640.57 56 32024207 56 8242 $640.57 19 32025306 19 8242 $640.57 57 32024206 57 8242 $640.57 20 32025305 20 8242 $640.57 58 32024205 58 8242 $640.57 21 32025304 21 8242 $640.57 59 32024204 59 8242 $640.57 22 32025303 22 8242 $640.57 60 32024203 60 8242 $640.57 23 32025302 23 8242 $640.57 61 32024202 61 8242 $640.57 24 32025301 24 8242 $640.57 62 32024201 62 8242 $640.57 25 32025207 25 8242 $640.57 63 32024226 63 8242 $640.57 26 32025208 26 8242 $640.57 64 32024225 64 8242 $640.57 27 32025209 27 8242 $640.57 65 32024224 65 8242 $640.57 28 32025210 28 8242 $640.57 66 32024223 66 8242 $640.57 29 32025201 29 8242 $640.57 67 32024222 67 8242 $640.57 30 32025202 30 8242 $640.57 68 32024221 68 8242 $640.57 31 32025203 31 8242 $640.57 69 32024220 69 8242 $640.57 32 32025204 32 8242 $640.57 70 32024219 70 8242 $640.57 33 32024101 33 8242 $640.57 71 32024218 71 8242 $640.57 34 32024102 34 8242 $640.57 72 32024217 72 8242 $640.57 35 32024103 35 8242 $640.57 73 32024216 73 8242 $640.57 36 32024104 36 8242 $640.57 74 32024215 74 8242 $640.57 37 32024105 37 8242 $640.57 75 32024214 75 8242 $640.57 38 32024106 38 8242 $640.57 76 32024213 76 8242 $640.57 City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 8 AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
77 32024212 77 8242 $640.57 126 32026244 126 8242 $640.57 78 32024211 78 8242 $640.57 127 32026245 127 8242 $640.57 79 32025138 79 8242 $640.57 128 32026246 128 8242 $640.57 80 32025137 80 8242 $640.57 130 32026248 130 8242 $640.57 81 32025136 81 8242 $640.57 131 32026249 131 8242 $640.57 82 32025135 82 8242 $640.57 132 32024305 132 8242 $640.57 83 32025134 83 8242 $640.57 133 32024306 133 8242 $640.57 84 32025133 84 8242 $640.57 134 32024307 134 8242 $640.57 85 32025132 85 8242 $640.57 135 32024308 135 8242 $640.57 86 32025131 86 8242 $640.57 136 32024309 136 8242 $640.57 87 32025130 87 8242 $640.57 137 32024310 137 8242 $640.57 88 32025129 88 8242 $640.57 138 32024401 138 8242 $640.57 89 32025128 89 8242 $640.57 139 32024402 139 8242 $640.57 90 32025127 90 8242 $640.57 140 32024403 140 8242 $640.57 91 32025126 91 8242 $640.57 141 32024404 141 8242 $640.57 92 32025125 92 8242 $640.57 142 32024405 142 8242 $640.57 93 32025124 93 8242 $640.57 143 32024406 143 8242 $640.57 94 32025123 94 8242 $640.57 144 32024407 144 8242 $640.57 95 32025122 95 8242 $640.57 145 32026234 145 8242 $640.57 96 32025121 96 8242 $640.57 146 32026235 146 8242 $640.57 97 32025120 97 8242 $640.57 147 32026236 147 8242 $640.57 98 32025119 98 8242 $640.57 148 32026237 148 8242 $640.57 99 32025118 99 8242 $640.57 149 32026238 149 8242 $640.57 100 32025117 100 8242 $640.57 150 32026239 150 8242 $640.57 101 32025116 101 8242 $640.57 151 32026240 151 8242 $640.57 102 32025115 102 8242 $640.57 152 32026241 152 8242 $640.57 103 32024301 103 8242 $640.57 153 32026217 153 8242 $640.57 104 32024302 104 8242 $640.57 154 32026218 154 8242 $640.57 105 32024302 105 8242 $640.57 155 32026319 155 8242 $640.57 106 32024304 106 8242 $640.57 156 32026220 156 8242 $640.57 107 32026250 107 8242 $640.57 157 32026221 157 8242 $640.57 108 32026251 108 8242 $640.57 158 32026227 158 8242 $640.57 109 32026252 109 8242 $640.57 159 32026228 159 8242 $640.57 110 32026253 110 8242 $640.57 160 32026229 160 8242 $640.57 111 32025114 111 8242 $640.57 161 32026230 161 8242 $640.57 112 32025113 112 8242 $640.57 162 32026231 162 8242 $640.57 113 32025112 113 8242 $640.57 163 32026232 163 8242 $640.57 114 32025111 114 8242 $640.57 164 32026233 164 8242 $640.57 115 32025109 115 8242 $640.57 165 32026222 165 8242 $640.57 116 32025108 116 8242 $640.57 166 32026223 166 8242 $640.57 117 32025107 117 8242 $640.57 167 32026224 167 8242 $640.57 118 32025106 118 8242 $640.57 168 32026225 168 8242 $640.57 119 32025105 119 8242 $640.57 169 32026226 169 8242 $640.57 120 32025104 120 8242 $640.57 170 32026206 170 8242 $640.57 121 32025103 121 8242 $640.57 171 32026205 171 8242 $640.57 122 32025102 122 8242 $640.57 172 32026204 172 8242 $640.57 123 32025101 123 8242 $640.57 173 32026203 173 8242 $640.57 124 32026242 124 8242 $640.57 174 32026202 174 8242 $640.57 125 32026243 125 8242 $640.57 175 32026201 175 8242 $640.57 City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 9 AD # APN Lot Tract Asmt
176 32026101 176 8242 $640.57
177 32026102 177 8242 $640.57
178 32026103 178 8242 $640.57
179 32026104 179 8242 $640.57
180 32026105 180 8242 $640.57
181 32026106 181 8242 $640.57
182 32026107 182 8242 $640.57
183 32026108 183 8242 $640.57
184 32026109 184 8242 $640.57
185 32026110 185 8242 $640.57
186 32026111 186 8242 $640.57
187 32026112 187 8242 $640.57
188 32026113 188 8242 $640.57
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 10 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 3 is included herein.
The boundaries of the District are described as being the blue border of Tract No. 8242, as shown on a map recorded in Book 428, pages 19 through 24 of Miscellaneous Maps of Orange County, California.
Assessment Parcels 1 through 188 being also Lots 1 through 188 of Tract No. 8242.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 3, FY 2026-27 Page 11 Lighting
Maintenance District
No. 4
City of Brea
Prepared under the authority of the
Landscaping and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 5 Part E - Assessment District Boundary................................. 7 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Lighting Maintenance District No. 4 Transmitted herewith for your review and consideration is a report entitled, "Lighting Maintenance District No. 4, City of Brea."
This report has been prepared in accordance with the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscaping and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 1
Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
The City Council of the City of Brea adopted Resolution No. 78-7 on January 3, 1978 approving Tentative Tract 9298 and the condition therefore for the improvement of Tentative Tract 9298.
On May 26, 1981, the City Council of the City of Brea by minute motion deleted paragraph AA of PC 91-77 of the Planning Commission of the City of Brea and ordered the creation of a lighting Maintenance District for Street Lighting only. No landscape maintenance requirements are included in this report, as the areas that are landscaped are being maintained by the Homeowners' Association under the requirements of the development upon the sale of any portion of Tentative Tract 9298. The formation of the district and the levy of the first annual assessment were completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on July 5, 1978, by City Council Resolution No. 78-76.
The purpose of this report is to be utilized by the staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California Streets and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 2
PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of street lighting, will be operated, serviced and maintained as generally described as follows:
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the public lighting facilities or appurtenant facilities; providing for the cleaning, sandblasting, and painting of poles and other improvements for general upkeep and to remove or cover graffiti.
Servicing means the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 3
PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT #4 – ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $1,758
4113 Overtime $100
4243 Engineering $0
4244 Legal $612
4412 Property Tax Collection $0
Fixed Costs Totals $2,470
2. ROUTINE COSTS
4211 Postage $110
4261 Repairs to Equipment $1,020
4337 Electrical Supplies $1,836
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $150
Routine Costs Totals $3,116
Total Costs (Fixed & Routine) $5,586
Est. Fund Balance as of 1-Jul-2026 $16,575
Projected Reserve Balance 30-Jun-2027 $13,749
FY 2026-27 Annual Assessments $2,760
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 4
PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value.
This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The Park Paseo Development project (Tract Numbers 10224, 10324, 10325, 10326, 10327 and 9298, all a portion of Tentative Tract No. 9298 in the City of Brea) was developed under conditions of development as required by the City Council of the City of Brea.
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$2,760 / 230 SFR’s = $12.00 / SFR
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 5
PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 32027131 1 10224 $12.00 41 32027156 10 10324 $12.00 81 32029208 19 10325 $12.00 2 32027130 2 10224 $12.00 42 32027157 11 10324 $12.00 82 32029209 20 10325 $12.00 3 32027129 3 10224 $12.00 43 32027158 12 10324 $12.00 83 32029210 21 10325 $12.00 4 32027128 4 10224 $12.00 44 32027159 13 10324 $12.00 84 32029211 22 10325 $12.00 5 32027127 5 10224 $12.00 45 32027160 14 10324 $12.00 85 32029212 23 10325 $12.00 6 32027126 6 10224 $12.00 46 32027161 15 10324 $12.00 86 32029213 24 10325 $12.00 7 32027125 7 10224 $12.00 47 32027162 16 10324 $12.00 87 32029214 25 10325 $12.00 8 32027124 8 10224 $12.00 48 32027163 17 10324 $12.00 88 32029215 26 10325 $12.00 9 32027123 9 10224 $12.00 49 32027164 18 10324 $12.00 89 32029201 27 10325 $12.00 10 32027122 10 10224 $12.00 50 32027165 19 10324 $12.00 90 32029202 28 10325 $12.00 11 32027121 11 10224 $12.00 51 32027166 20 10324 $12.00 91 32029203 29 10325 $12.00 12 32027120 12 10224 $12.00 52 32027167 21 10324 $12.00 92 32029204 30 10325 $12.00 13 32027119 13 10224 $12.00 53 32027178 1 11827 $12.00 93 32029205 31 10325 $12.00 14 32027118 14 10224 $12.00 54 32027179 2 11827 $12.00 94 32029206 32 10325 $12.00 15 32027117 15 10224 $12.00 55 32027180 3 11827 $12.00 95 32029207 33 10325 $12.00 16 32027116 16 10224 $12.00 56 32029143 4 11827 $12.00 96 32029112 34 10325 $12.00 17 32027115 17 10224 $12.00 57 32029145 5 11827 $12.00 97 32029148 10 11827 $12.00 18 32027114 18 10224 $12.00 58 32029144 6 11827 $12.00 98 32029149 9 11827 $12.00 19 32027113 19 10224 $12.00 59 32029102 28 10324 $12.00 99 32029150 19 11827 $12.00 20 32027112 20 10224 $12.00 60 32029107 29 10324 $12.00 100 32029151 12 11827 $12.00 21 32027111 21 10224 $12.00 61 32029147 7 11827 $12.00 101 32029152 11 11827 $12.00 22 32027110 22 10224 $12.00 62 32029146 8 11827 $12.00 102 32029253 1 10326 $12.00 23 32027109 23 10224 $12.00 63 32029235 1 10325 $12.00 103 32029254 2 10326 $12.00 24 32027108 24 10224 $12.00 64 32029236 2 10325 $12.00 104 32029255 3 10326 $12.00 25 32027107 25 10224 $12.00 65 32029237 3 10325 $12.00 105 32029256 4 10326 $12.00 26 32027106 26 10224 $12.00 66 32029238 4 10325 $12.00 106 32029257 5 10326 $12.00 27 32027105 27 10224 $12.00 67 32029239 5 10325 $12.00 107 32029258 6 10326 $12.00 28 32027104 28 10224 $12.00 68 32029231 6 10325 $12.00 108 32029246 7 10326 $12.00 29 32027103 29 10224 $12.00 69 32029232 7 10325 $12.00 109 32029247 8 10326 $12.00 30 32027102 30 10224 $12.00 70 32029233 8 10325 $12.00 110 32029248 9 10326 $12.00 31 32027101 31 10224 $12.00 71 32029234 9 10325 $12.00 111 32029249 10 10326 $12.00 32 32027147 1 10324 $12.00 72 32029216 10 10325 $12.00 112 32029250 11 10326 $12.00 33 32027148 2 10324 $12.00 73 32029217 11 10325 $12.00 113 32029251 12 10326 $12.00 34 32027149 3 10324 $12.00 74 32029218 12 10325 $12.00 114 32029252 13 10326 $12.00 35 32027150 4 10324 $12.00 75 32029219 13 10325 $12.00 115 32029240 14 10326 $12.00 36 32027151 5 10324 $12.00 76 32029220 14 10325 $12.00 116 32029241 15 10326 $12.00 37 32027152 6 10324 $12.00 77 32029221 15 10325 $12.00 117 32029242 16 10326 $12.00 38 32027153 7 10324 $12.00 78 32029222 16 10325 $12.00 118 32029243 17 10326 $12.00 39 32027154 8 10324 $12.00 79 32029223 17 10325 $12.00 119 32029244 18 10326 $12.00 40 32027155 9 10324 $12.00 80 32029224 18 10325 $12.00 120 32029245 19 10326 $12.00 City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 6
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt
121 32029225 20 10326 $12.00 179 32031369 3 9298 $12.00 122 32029226 21 10326 $12.00 180 32031368 4 9298 $12.00 123 32029227 22 10326 $12.00 181 32031367 5 9298 $12.00 124 32029228 23 10326 $12.00 182 32031366 6 9298 $12.00 125 32029229 24 10326 $12.00 183 32031365 7 9298 $12.00 126 32029230 25 10326 $12.00 184 32031364 8 9298 $12.00 127 32029153 16 11827 $12.00 185 32031363 9 9298 $12.00 128 32029154 15 11827 $12.00 186 32031362 10 9298 $12.00 129 32029155 14 11827 $12.00 187 32031361 11 9298 $12.00 130 32029156 17 11827 $12.00 188 32031360 12 9298 $12.00 131 32029122 30 10326 $12.00 189 32031359 13 9298 $12.00 132 32029123 31 10326 $12.00 190 32031358 14 9298 $12.00 133 32029124 32 10326 $12.00 191 32031357 15 9298 $12.00 134 32029125 33 10326 $12.00 192 32031356 16 9298 $12.00 135 32029126 34 10326 $12.00 193 32031355 17 9298 $12.00 136 32031320 1 10327 $12.00 194 32031354 18 9298 $12.00 137 32031319 2 10327 $12.00 195 32031353 19 9298 $12.00 138 32031101 3 10327 $12.00 196 32031352 20 9298 $12.00 139 32031102 4 10327 $12.00 197 32031351 21 9298 $12.00 140 32031103 5 10327 $12.00 198 32031350 22 9298 $12.00 141 32031104 6 10327 $12.00 199 32031349 23 9298 $12.00 142 32029402 7 10327 $12.00 200 32031348 24 9298 $12.00 143 32029401 8 10327 $12.00 201 32031347 25 9298 $12.00 144 32029263 9 10327 $12.00 202 32031346 26 9298 $12.00 145 32029262 10 10327 $12.00 203 32031345 27 9298 $12.00 146 32029259 11 10327 $12.00 204 32031344 28 9298 $12.00 147 32029260 12 10327 $12.00 205 32031343 29 9298 $12.00 148 32029261 13 10327 $12.00 206 32031342 30 9298 $12.00 149 32029404 14 10327 $12.00 207 32031341 31 9298 $12.00 150 32029403 15 10327 $12.00 208 32031340 32 9298 $12.00 151 32031105 16 10327 $12.00 209 32031339 33 9298 $12.00 152 32031106 17 10327 $12.00 210 32031338 34 9298 $12.00 153 32031107 18 10327 $12.00 211 32031337 35 9298 $12.00 154 32029127 19 10327 $12.00 212 32031336 36 9298 $12.00 155 32029128 20 10327 $12.00 213 32031335 37 9298 $12.00 156 32029129 21 10327 $12.00 214 32031334 38 9298 $12.00 157 32029130 22 10327 $12.00 215 32031333 39 9298 $12.00 158 32029131 23 10327 $12.00 216 32031332 40 9298 $12.00 159 32031301 24 10327 $12.00 217 32031331 41 9298 $12.00 160 32031302 25 10327 $12.00 218 32031401 42 9298 $12.00 161 32031303 26 10327 $12.00 219 32031402 43 9298 $12.00 162 32031304 27 10327 $12.00 220 32031403 44 9298 $12.00 163 32031305 28 10327 $12.00 221 32031404 45 9298 $12.00 164 32031306 29 10327 $12.00 222 32031405 46 9298 $12.00 165 32031307 30 10327 $12.00 223 32031406 47 9298 $12.00 166 32031308 31 10327 $12.00 224 32031407 48 9298 $12.00 167 32031309 32 10327 $12.00 225 32031408 49 9298 $12.00 168 32031390 33 10327 $12.00 226 32031409 50 9298 $12.00 169 32031389 34 10327 $12.00 227 32031410 51 9298 $12.00 170 32031312 35 10327 $12.00 228 32031411 52 9298 $12.00 171 32031313 36 10327 $12.00 229 32031412 53 9298 $12.00 172 32031314 37 10327 $12.00 230 32031413 54 9298 $12.00 173 32031315 38 10327 $12.00
174 32031316 39 10327 $12.00
175 32031318 40 10327 $12.00
176 32031317 41 10327 $12.00
177 32031371 1 9298 $12.00
178 32031370 2 9298 $12.00
City of Brea April 21, 2026
Lighting Maintenance District No. 4, FY 2026-27 Page 7
PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Lighting Maintenance District No. 4 is included herein.
District No. 4 is generally located east of the Orange Freeway, North of Birch Street and the Southern Pacific Railroad right of way and South and West of Associated Road. The lands within the District boundaries include Tract 10224, Tract 10324, Tract 10325, Tract 10326, Tract 10327 and Tract 9298 in the City of Brea, County of Orange, State of California. The entire Project is commonly known as "Park Paseo" project in the City of Brea.
The boundaries of the District are described as the North line of Tract 10224, the Easterly line of Tracts 10224 and Tract 10324, the Northerly line of Tracts 10326, Tract 10327 and Tract 9298, the Easterly line of Tract 9298 together with the South line of Tract 9298 and the Southerly line of Tract 10327, Tract 10326, Tract 10325, Tract 10324 and the West line and North line of Tract 10324 in the City of Brea, County of Orange, State of California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
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Lighting Maintenance District No. 4, FY 2026-27 Page 24 Landscape and Lighting
Maintenance District
No. 5
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 7 Part E - Assessment District Boundary................................. 8 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 5 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 5, City of Brea." This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code, Article XIIID of the California Constitution, and the Proposition 218 Omnibus Implementation Act.
Background:
On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 82- 57 creating Landscape and Lighting Maintenance District No. 5 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 5 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as "Canyon Country," and Tentative Tract No. 9414, known as "Canyondale." In FY 2003-04, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 5 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $19,874
4113 Overtime $150
4243 Engineering $0
4244 Legal $77
4412 Property Tax Collection $143
Fixed Costs Totals $20,244
2. ROUTINE COSTS
4211 Postage $58
4249 Svc & Repair Equipment $50,000
4261 Repairs to Equipment $1,500
4266 Contract Services/Grounds Maintenance $34,736
4269 Equipment Service-Other $1,000
4282 Electricity $1,600
4285 Water $30,000
4337 Electrical Supplies & Parts $1,500
4339 Construction & Maintenance/Other $0
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,738
Routine Costs Totals $122,132
Total Costs (Fixed & Routine) $142,376
Est. Fund Balance as of 1-Jul-2026 $135,172
Projected Reserve Balance 30-Jun-2027 $115,101
FY 2026-27 Annual Assessments $122,305
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax." In addition, Proposition 218, the "Right to Vote on Taxes Act" which was approved on the November 1996 Statewide ballot and added Article XIIID to the California Constitution, requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. XIIID also requires that publicly owned property which benefit from the improvements be assessed.
SPECIAL BENEFIT ANALYSIS
Street Landscaping, Slopes and Greenbelts. Trees, landscaping, hardscaping and appurtenant facilities, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, and therefore increase property value.
In Parkways and Land Values, written by John Nolan and Henry V. Hubbard in 1937, it is stated:
"... there is no lack of opinion, based on general principals and experience and common sense, that parkways do in fact add value to property, even though the amount cannot be determined exactly.... Indeed, in most cases where public money has been spent for parkways the assumption has been definitely made that the proposed parkway will show a provable financial profit to the City. It has been believed that the establishment of parkways causes a rise in real estate values throughout the City, or in parts of the City,..." It should be noted that the definition of "parkways" above may include the roadway as well as the landscaping along side the roadway.
The ongoing operation and maintenance of the street landscaping, slopes and greenways within the City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 5 district, as identified in Part A of this Report, provide beautification to the areas that result in a special benefit to the parcels within the tracts adjacent to the improvements. If these landscaped areas were not properly maintained, the tract would be blighted.
Theme Lighting. Proper maintenance and operation of pedestrian and street lights benefit all properties within the District by providing security, safety and community character and vitality as outlined below. Streetlights provide only incidental benefits to motorists traveling to, from or through the area.
BENEFITS OF STREET LIGHTING
Security and Safety
• Mitigates crime
• Alleviates the fear of crime
• Enhances safe ingress/egress to property
Community Character and Vitality
• Promotes social interaction
• Contributes to a positive nighttime visual image
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$122,305.55 / 113 SFR’s = $1,082.35 / SFR
This assessment rate is not considered a maximum rate. This maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2026-27 is 3.2%.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 6 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2003-04 $679.00 / SFR
FY 2004-05 1.8% $691.22 / SFR
FY 2005-06 4.4% $721.64 / SFR
FY 2006-07 4.5% $754.11 / SFR
FY 2007-08 4.3% $786.54 / SFR
FY 2008-09 3.3% $812.50 / SFR
FY 2009-10 3.5% $840.94 / SFR
FY 2010-11 0% $840.94 / SFR
FY 2011-12 1.2% $851.03 / SFR
FY 2012-13 2.7% $874.00 / SFR
FY 2013-14 2% $891.48 / SFR
FY 2014-15 1.1% $901.28 / SFR
FY 2015-16 .7% $907.59 / SFR
FY 2016-17 2% $925.74 / SFR
FY 2017-18 1.9% $943.33 / SFR
FY 2018-19 2.8% $969.74 / SFR
FY 2019-20 3.2% $1000.77 / SFR
FY 2020-21 3.1% $1031.79 / SFR
FY 2021-22 1.6% $1048.30 / SFR
FY 2022-23 6.5% $1116.44 / SFR
FY 2023-24 4.9% $1171.15 / SFR
FY 2024-25 3.5% $1212.14 / SFR
FY 2025-26 3.3% $1252.14 / SFR
FY 2026-27 3.2% $1292.21 / SFR
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 7 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt AD # APN Lot Tract Asmt 1 30604102 1 9111 $1082.35 41 30604210 27 9473 $1082.35 81 30605318 18 9414 $1082.35 2 30604103 2 9111 $1082.35 42 30604209 28 9473 $1082.35 82 30605319 19 9414 $1082.35 3 30604104 3 9111 $1082.35 43 30604208 29 9473 $1082.35 83 30605320 20 9414 $1082.35 4 30604105 4 9111 $1082.35 44 30604207 30 9473 $1082.35 84 30605321 21 9414 $1082.35 5 30604106 5 9111 $1082.35 45 30604206 31 9473 $1082.35 85 30605322 22 9414 $1082.35 6 30604107 6 9111 $1082.35 46 30604205 32 9473 $1082.35 86 30605323 23 9414 $1082.35 7 30604108 7 9111 $1082.35 47 30604204 33 9473 $1082.35 87 30605324 24 9414 $1082.35 8 30604109 8 9111 $1082.35 48 30604203 34 9473 $1082.35 88 30605325 25 9414 $1082.35 9 30604110 9 9111 $1082.35 49 30604202 35 9473 $1082.35 89 30605326 26 9414 $1082.35 10 30604111 10 9111 $1082.35 50 30604201 36 9473 $1082.35 90 30605327 27 9414 $1082.35 11 30604112 11 9111 $1082.35 51 30604301 37 9473 $1082.35 91 30605328 28 9414 $1082.35 12 30604113 12 9111 $1082.35 52 30604302 38 9473 $1082.35 92 30605329 29 9414 $1082.35 13 30604114 13 9111 $1082.35 53 30604303 39 9473 $1082.35 93 30605330 30 9414 $1082.35 14 30604115 14 9111 $1082.35 54 30604304 40 9473 $1082.35 94 30605331 31 9414 $1082.35 15 30604502 1 9473 $1082.35 55 30604305 41 9473 $1082.35 95 30605103 32 9414 $1082.35 16 30604501 2 9473 $1082.35 56 30604306 42 9473 $1082.35 96 30605102 33 9414 $1082.35 17 30604415 3 9473 $1082.35 57 30604307 43 9473 $1082.35 97 30605101 34 9414 $1082.35 18 30604414 4 9473 $1082.35 58 30604308 44 9473 $1082.35 98 30605201 35 9414 $1082.35 19 30604413 5 9473 $1082.35 59 30604309 45 9473 $1082.35 99 30605202 36 9414 $1082.35 20 30604412 6 9473 $1082.35 60 30604310 46 9473 $1082.35 100 30605203 37 9414 $1082.35 21 30604411 7 9473 $1082.35 61 30604311 47 9473 $1082.35 101 30605204 38 9414 $1082.35 22 30604410 8 9473 $1082.35 62 30604312 48 9473 $1082.35 102 30605205 39 9414 $1082.35 23 30604409 9 9473 $1082.35 63 30604313 49 9473 $1082.35 103 30605206 40 9414 $1082.35 24 30604408 10 9473 $1082.35 64 30605301 1 9414 $1082.35 104 30605207 41 9414 $1082.35 25 30604407 11 9473 $1082.35 65 30605302 2 9414 $1082.35 105 30605208 42 9414 $1082.35 26 30604406 12 9473 $1082.35 66 30605303 3 9414 $1082.35 106 30605209 43 9414 $1082.35 27 30604405 13 9473 $1082.35 67 30605304 4 9414 $1082.35 107 30605210 44 9414 $1082.35 28 30604404 14 9473 $1082.35 68 30605305 5 9414 $1082.35 108 30605211 45 9414 $1082.35 29 30604403 15 9473 $1082.35 69 30605306 6 9414 $1082.35 109 30605212 46 9414 $1082.35 30 30604402 16 9473 $1082.35 70 30605307 7 9414 $1082.35 110 30605213 47 9414 $1082.35 31 30604401 17 9473 $1082.35 71 30605308 8 9414 $1082.35 111 30605214 48 9414 $1082.35 32 30604219 18 9473 $1082.35 72 30605309 9 9414 $1082.35 112 30605215 49 9414 $1082.35 33 30604218 19 9473 $1082.35 73 30605310 10 9414 $1082.35 113 30605216 50 9414 $1082.35 34 30604217 20 9473 $1082.35 74 30605311 11 9414 $1082.35 35 30604216 21 9473 $1082.35 75 30605312 12 9414 $1082.35 36 30604215 22 9473 $1082.35 76 30605313 13 9414 $1082.35 37 30604214 23 9473 $1082.35 77 30605314 14 9414 $1082.35 38 30604213 24 9473 $1082.35 78 30605315 15 9414 $1082.35 39 30604212 25 9473 $1082.35 79 30605316 16 9414 $1082.35 40 30604211 26 9473 $1082.35 80 30605317 17 9414 $1082.35 City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 5 is included herein.
District No. 5 is generally located east of Brea Boulevard and north of State College Boulevard, and includes Tract Nos. 9111, 9414 and 9473.
District No. 5 includes all properties in the City of Brea located within the tract boundary of Tract No. 9111 recorded in Book 374, Pages 24, 25 and 26 of Tract No. 9414 recorded in Book 409, Pages 8 and 9, and of Tract No. 9473 recorded in Book 291, Pages 26, 27 and 28 all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 9 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 10 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 11 City of Brea April
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Landscape & Lighting Maintenance District No. 5, FY 2026-27 Page 12 Landscape and Lighting
Maintenance District
No. 6
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary................................. 8 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 6 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 6, City of Brea." This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
On June 1, 1982 the City Council of the City of Brea adopted and approved Resolution No. 83- 58 creating Landscape and Lighting Maintenance District No. 6 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 6 in the City of Brea was a requirement of the City of Brea for the development of Tentative Tract No. 8820, known as the "Canyon Country" development project.
In FY 2005-06, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes, greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 6 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $17,577
4113 Overtime $150
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $449
Fixed Costs Totals $18,251
2. ROUTINE COSTS
4211 Postage $152
4249 Professional Svc-Other $60,000
4261 Repairs to Equipment $5,100
4266 Contract Services/Grounds Maintenance $80,390
4269 Equipment Service-Other $2,040
4282 Electricity $3,000
4285 Water $56,000
4337 Electrical Supplies & Parts $2,040
4339 Construction & Maintenance/Other $1,020
4441 Miscellaneous Expense $0
5800 Insurance and Other Expenses $1,524
Routine Costs Totals $211,266
Total Costs (Fixed & Routine) $229,517
Est. Fund Balance as of 1-Jul-2026 $289,461
Projected Reserve Balance 30-Jun-2027 $296,241.25
FY 2026-27 Annual Assessments $236,297.25
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate.
Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$236,297.25 / 135 SFR's = $1,750.35 / SFR
This assessment rate is not the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2026-27 is 3.2%.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2005-06 $1350.00 / SFR
FY 2006-07 4.5% $1411.00 / SFR
FY 2007-08 4.3% $1472.00 / SFR
FY 2008-09 3.3% $1521.00 / SFR
FY 2009-10 3.5% $1574.24 / SFR
FY 2010-11 0% $1574.24 / SFR
FY 2011-12 1.2% $1593.13 / SFR
FY 2012-13 2.7% $1636.14 / SFR
FY 2013-14 2% $1668.86 / SFR
FY 2014-15 1.1% $1676.22 / SFR
FY 2015-16 .7% $1687.95 / SFR
FY 2016-17 2% $1721.71 / SFR
FY 2017-18 1.9% $1754.42 / SFR
FY 2018-19 2.8% $1803.54 / SFR
FY 2019-20 3.2% $1861.25 / SFR
FY 2020-21 3.1% $1918.95 / SFR
FY 2021-22 1.6% $1949.65 / SFR
FY 2022-23 6.5% $2076.38 / SFR
FY 2023-24 4.9% $2180.07 / SFR
FY 2024-25 3.5% $2256.37 / SFR
FY 2025-26 3.3% $2330.83 / SFR
FY 2026-27 3.2% $2405.42 / SFR
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 6 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD # APN Lot Tract Asmt
1 30606101 1 9531 $1,750.35
2 30606102 2 9531 $1,750.35
3 30606103 3 9531 $1,750.35
4 30606104 4 9531 $1,750.35
5 30606105 5 9531 $1,750.35
6 30606106 6 9531 $1,750.35
7 30606107 7 9531 $1,750.35
8 30606201 8 9531 $1,750.35
9 30606202 9 9531 $1,750.35
10 30606203 10 9531 $1,750.35
11 30606205 11 9531 $1,750.35
12 30606206 12 9531 $1,750.35
13 30606207 13 9531 $1,750.35
14 30606208 14 9531 $1,750.35
15 30606209 15 9531 $1,750.35
16 30606211 16 9531 $1,750.35
17 30606213 17 9531 $1,750.35
18 30606214 18 9531 $1,750.35
19 30606215 19 9531 $1,750.35
20 30603236 20 9531 $1,750.35
21 30606235 21 9531 $1,750.35
22 30606218 22 9531 $1,750.35
23 30603220 23 9531 $1,750.35
24 30603221 24 9531 $1,750.35
25 30603222 25 9531 $1,750.35
26 30603223 26 9531 $1,750.35
27 30603224 27 9531 $1,750.35
28 30606307 28 9531 $1,750.35
29 30606308 29 9531 $1,750.35
30 30606303 30 9531 $1,750.35
31 30606304 31 9531 $1,750.35
32 30606305 32 9531 $1,750.35
33 30606306 33 9531 $1,750.35
34 30603225 34 9531 $1,750.35
35 30606226 35 9531 $1,750.35
36 30606227 36 9531 $1,750.35
37 30606234 37 9531 $1,750.35
38 30606233 38 9531 $1,750.35
AD # APN Lot Tract Asmt
39 30606232 39 9531 $1,750.35
40 30606231 40 9531 $1,750.35
41 30606230 41 9532 $1,750.35
42 30606229 42 9532 $1,750.35
43 30608102 43 9532 $1,750.35
44 30608103 44 9532 $1,750.35
45 30608104 45 9532 $1,750.35
46 30608105 46 9532 $1,750.35
47 30608106 47 9532 $1,750.35
48 30608107 48 9532 $1,750.35
49 60608108 49 9532 $1,750.35
50 30608110 50 9532 $1,750.35
51 30608111 51 9532 $1,750.35
52 30608112 52 9532 $1,750.35
53 30608113 53 9532 $1,750.35
54 30608114 54 9532 $1,750.35
55 30608115 55 9532 $1,750.35
56 30608116 56 9532 $1,750.35
57 30608117 57 9532 $1,750.35
58 30608118 58 9532 $1,750.35
59 30608129 59 9532 $1,750.35
60 30608128 60 9532 $1,750.35
61 30608121 61 9532 $1,750.35
62 30608122 62 9532 $1,750.35
63 30608221 63 9532 $1,750.35
64 30608220 64 9532 $1,750.35
65 30608219 65 9532 $1,750.35
66 30608218 66 9532 $1,750.35
67 30608217 67 9532 $1,750.35
68 30608216 68 9532 $1,750.35
69 30608215 69 9532 $1,750.35
70 30608214 70 9532 $1,750.35
71 30608213 71 9532 $1,750.35
72 30608212 72 9532 $1,750.35
73 30608211 73 9532 $1,750.35
74 30608210 74 9532 $1,750.35
75 30608209 75 9532 $1,750.35
76 30608208 76 9532 $1,750.35
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 7 AD # APN Lot Tract Asmt
77 30608227 77 9532 $1,750.35
78 30608226 78 9532 $1,750.35
79 30608225 79 9532 $1,750.35
80 30608224 80 9532 $1,750.35
81 30608223 81 9532 $1,750.35
82 30608202 82 9532 $1,750.35
83 30608201 83 9532 $1,750.35
84 30607301 84 8820 $1,750.35
85 30607302 85 8820 $1,750.35
86 30607332 86 8820 $1,750.35
87 30607304 87 8820 $1,750.35
88 30607305 88 8820 $1,750.35
89 30607306 89 8820 $1,750.35
90 30607307 90 8820 $1,750.35
91 30607308 91 8820 $1,750.35
92 30607309 92 8820 $1,750.35
93 30607333 93 8820 $1,750.35
94 30607311 94 8820 $1,750.35
95 30607312 95 8820 $1,750.35
96 30607334 96 8820 $1,750.35
97 30607335 97 8820 $1,750.35
98 30607336 98 8820 $1,750.35
99 30607316 99 8820 $1,750.35
100 30607317 100 8820 $1,750.35
101 30607318 101 8820 $1,750.35
102 30607319 102 8820 $1,750.35
103 30607320 103 8820 $1,750.35
104 30607321 104 8820 $1,750.35
105 30607322 105 8820 $1,750.35
106 30607323 106 8820 $1,750.35
AD # APN Lot Tract Asmt
107 30607324 107 8820 $1,750.35
108 30607204 108 8820 $1,750.35
109 30607203 109 8820 $1,750.35
110 30607202 110 8820 $1,750.35
111 30607201 111 8820 $1,750.35
112 30607205 112 8820 $1,750.35
113 30607206 113 8820 $1,750.35
114 30607207 114 8820 $1,750.35
115 30607208 115 8820 $1,750.35
116 30607209 116 8820 $1,750.35
117 30607210 117 8820 $1,750.35
118 30607211 118 8820 $1,750.35
119 30607212 119 8820 $1,750.35
120 30607213 120 8820 $1,750.35
121 30607325 121 8820 $1,750.35
122 30607326 122 8820 $1,750.35
123 30607327 123 8820 $1,750.35
124 30607328 124 8820 $1,750.35
125 30607329 125 8820 $1,750.35
126 30607330 126 8820 $1,750.35
127 30607110 127 8820 $1,750.35
128 30607109 128 8820 $1,750.35
129 30607108 129 8820 $1,750.35
130 30607107 130 8820 $1,750.35
131 30607106 131 8820 $1,750.35
132 30607105 132 8820 $1,750.35
133 30607104 133 8820 $1,750.35
134 30607103 134 8820 $1,750.35
135 30607102 135 8820 $1,750.35
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 6 is included herein.
District No. 6 includes all the properties in the City of Brea located within the tract boundary of Tract No. 8820, recorded in Book 454, Pages 19 through 24 inclusive, Tract No. 9531 recorded in Book 423, Pages 24 through 28 inclusive, and Tract No. 9532 recorded in Book 454, Pages 25 through 28, all of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
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Landscape & Lighting Maintenance District No. 6, FY 2026-27 Page 16 Landscape and Lighting
Maintenance District
No. 7
City of Brea
Prepared under the authority of the
Landscape and Lighting Act of 1972
Streets and Highways Code
State of California
Fiscal Year 2026-27
Submitted by:
Michael Ho
Director of Public Works
April 21, 2026
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27
TABLE OF CONTENTS
Page
Letter of Transmittal
Report
Introduction and Background................................................ 1 Part A - Plans and Specifications.......................................... 2 Part B - Estimate of Cost....................................................... 3 Part C - Method of Apportionment of Assessment............... 4 Part D - Assessment Roll ...................................................... 6 Part E - Assessment District Boundary................................. 8 Cecilia Hupp Marty Simonoff Christine Marick Blair Stewart Steven Vargas Mayor Mayor Pro Tem Council Member Council Member Council Member City of Brea • 1 Civic Center Circle • Brea, California 92821-5732 • 714-990-7600 • FAX 714-990-2258 • www.cityofbrea.gov April 21, 2026
Honorable Mayor and City Council
City of Brea
1 Civic Center Circle
Brea, CA 92821
Re: Engineer's Report, Landscape & Lighting Maintenance District No. 7 Transmitted herewith for your review and consideration is a report entitled, "Landscape and Lighting Maintenance District No. 7, City of Brea." This report has been prepared in accordance with the Landscape and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
The report includes all the requirements of the Landscape and Lighting Act of 1972 and the Streets and Highways Code, with particular reference to annual assessments after formation thereof of the District.
The report is submitted herewith for consideration at your next meeting to set a hearing date for the purpose of levying an annual assessment (Streets and Highways Code, Section 22620 to Section 22631).
Respectfully submitted,
Michael Ho, P.E., Director
Public Works Department
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 1 Introduction and Background
Introduction:
This report has been prepared and is submitted for consideration by the City Council of the City of Brea under the authority of the Landscaping and Lighting Act of 1972 as set forth in Part 2 of Division 15 of the California Streets and Highways Code.
Background:
On August 1, 1995 the City Council of the City of Brea adopted and approved Resolution No. 95-85 creating Landscape and Lighting Maintenance District No. 7 in the City of Brea.
The creating of Landscape and Lighting Maintenance District No. 7 in the City of Brea was a requirement of the City of Brea for the development of Tract Nos. 14658, 14657, 15670 and 14656.
The formation of the district and the levy of the first annual assessment was completed in accordance with the requirements of the Landscaping and Lighting Act of 1972 on August 1, 1995.
In FY 2007-08, the property owners submitted ballots and approved an increase in assessment rate. Included in that balloting was an annual CPI escalator that will allow the assessment rate to keep up with the cost of living. The annual escalator sets the maximum rate that the properties might be assessed.
The purpose of this report is to be utilized by the City Staff, the City Council, and the County Assessor in the levy and collection of an annual assessment after formation of an assessment district under the requirements of the Landscaping and Lighting Act of 1972 (State of California and Highways Code, Section 22620 to 22631).
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 2 PART A
PLANS AND SPECIFICATIONS
The facilities, which consist of slopes and greenbelt areas and theme lighting, will be operated, serviced and maintained as generally described as follows:
Landscaping and Appurtenant Facilities
Facilities include but are not limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance resulting from landscape growth and appurtenant facilities, in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Assessment District.
Lighting, Traffic Signals and Appurtenant Facilities
Facilities include but are not limited to: Poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Assessment District.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting facilities or appurtenant facilities and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping or appurtenant facilities.
The plans and specifications for the improvements, showing and describing the general nature, location, and the extent of the improvements, are on file in the office of the Director of Public Works and are incorporated herein by reference.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 3 PART B
ESTIMATE OF COST
The estimated cost of the operation, servicing and maintenance of the street and sidewalk improvements for Fiscal Year 2026-27, as described in Part A, are summarized herein and described below.
MAINTENANCE DISTRICT # 7 - ANNUAL COST FACTORS
Acct # Description FY 26-27 Est.
1. Fixed Costs Expenses
4111 Salaries & Benefits $7,090
4113 Overtime $150
4243 Engineering $0
4244 Legal $75
4412 Property Tax Collection $105
Fixed Costs Totals $7,420
2. ROUTINE COSTS
4211 Postage $48
4249 Professional Svc-Other $2,500
4261 Svc & Repair Equip (4261) $102
4266 Contract Grounds Maintenance $14,950
4269 Bldg. & Equipment Svc. $102
4285 Water $8,000
4337 Electrical Supplies $200
4339 Construction & Maintenance $0
5800 Insurance and Other Expenses $625
Routine Costs Totals $26,527
Total Costs (Fixed & Routine) $33,947
Est. Fund Balance as of 1-Jul-2026 $11,484
Projected Reserve Balance 30-Jun-2027 $12,584
FY 2026-27 Annual Assessments $35,047
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the Districts.
Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the Districts by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance or deficit remaining on July 1 must be carried over to the next fiscal year.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 4 PART C
METHOD OF APPORTIONMENT OF ASSESSMENT
GENERAL
Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include construction, operation, maintenance and servicing of street lights, traffic signals and landscaping.
Section 22573 of the Landscaping and Lighting Act of 1972 (the 1972 Act) requires that maintenance assessments be levied according to benefit rather than according to assessed value. This section states:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements." (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" based on the actual benefit rather than a "special tax."
ASSESSMENT METHODOLOGY
The parcels of land in the District are single family residential (SFR) lots, with each of these lots benefiting equally from the improvements being maintained. Therefore, the costs associated with the landscaping and lighting within and directly adjacent to the tract will be apportioned on a residential lot basis as follows:
$35,047.68 / 96 SFR’s = $365.08 / SFR
This assessment rate is the maximum rate. The maximum assessment rate will be increased each year by the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles, Long Beach and Anaheim areas. The actual assessments levied in any fiscal year will be as approved by the City Council and may not exceed the maximum assessment rate without receiving property owner approval for the increase. The calculation for the maximum assessment rate is provided in the table below. The increase in CPI for FY 2026-27 is 3.2%.
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 5 Maximum Assessment Rate Calculation
Fiscal Year CPI Increase Maximum
Assessment
FY 2007-08 $245.00 / SFR
FY 2008-09 3.3% $253.05 / SFR
FY 2009-10 3.5% $261.91 / SFR
FY 2010-11 0% $261.91 / SFR
FY 2011-12 1.2% $265.05 / SFR
FY 2012-13 2.7% $272.21 / SFR
FY 2013-14 2% $277.65 / SFR
FY 2014-15 1.1% $280.70 / SFR
FY 2015-16 .7% $282.66 / SFR
FY 2016-17 2% $288.31 / SFR
FY 2017-18 1.9% $293.79 / SFR
FY 2018-19 2.8% $302.02 / SFR
FY 2019-20 3.2% $311.68 / SFR
FY 2020-21 3.1% $321.34 / SFR
FY 2021-22 1.6% $326.48 / SFR
FY 2022-23 6.5% $347.70 / SFR
FY 2023-24 4.9% $365.08 / SFR
FY 2024-25 3.5% $377.86 / SFR
FY 2025-26 3.3% $390.33 / SFR
FY 2026-27 3.2% $402.82 / SFR
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 6 PART D
ASSESSMENT ROLL
The amount of the total proposed assessment for Fiscal Year 2026-27 apportioned to each lot or parcel within the District, as shown on the latest assessment roll at the Orange County Assessor's Office, is contained in the Assessment Roll provided below.
The description of each lot or parcel is part of the Orange County assessment roll and this roll is, by reference, made part of this Report.
AD# APN Lot Tract Asmt AD# APN Lot Tract Asmt
1 29646113 1 14658 $365.08 39 29643133 18 14657 $365.08 2 29643114 2 14658 $365.08 40 29633150 1 15070 $365.08
3 29643115 3 14658 $365.08 41 29633149 2 15070 $365.08
4 29643116 4 14658 $365.08 42 29633148 3 15070 $365.08
5 29643117 5 14658 $365.08 43 29633147 4 15070 $365.08
6 29643118 6 14658 $365.08 44 29633146 5 15070 $365.08
7 29643119 7 14658 $365.08 45 29633145 6 15070 $365.08
8 29643120 8 14658 $365.08 46 29633144 7 15070 $365.08
9 29643121 9 14658 $365.08 47 29643143 8 15070 $365.08
10 29643101 10 14658 $365.08 48 29633141 9 15070 $365.08 11 29643102 11 14658 $365.08 49 29633140 10 15070 $365.08 12 29643103 12 14658 $365.08 50 29633139 11 15070 $365.08 13 29643104 13 14658 $365.08 51 29633138 12 15070 $365.08 14 29643105 14 14658 $365.08 52 29633137 13 15070 $365.08 15 29643106 15 14658 $365.08 53 29633134 14 15070 $365.08 16 29643107 16 14658 $365.08 54 29633133 15 14657 $365.08 17 29643108 17 14658 $365.08 55 29633132 16 14657 $365.08 18 29643109 18 14658 $365.08 56 29633131 17 14657 $365.08 19 29643110 19 14658 $365.08 57 29633130 18 14657 $365.08 20 29643111 20 14658 $365.08 58 29633129 19 14657 $365.08 21 29643112 21 14658 $365.08 59 29633128 20 14657 $365.08 22 29643134 1 14657 $365.08 60 29633126 21 14657 $365.08 23 29643135 2 14657 $365.08 61 29633125 22 14657 $365.08 24 29643136 3 14657 $365.08 62 29633124 23 14657 $365.08 25 29643137 4 14657 $365.08 63 29633123 24 14657 $365.08 26 29643138 5 14657 $365.08 64 29633122 25 14657 $365.08 27 29643139 6 14657 $365.08 65 29633121 26 14657 $365.08 28 29643140 7 14657 $365.08 66 29633120 27 14657 $365.08 29 29643141 8 14657 $365.08 67 29644104 1 14656 $365.08 30 29643142 9 14657 $365.08 68 29644105 2 14656 $365.08 31 29643143 10 14657 $365.08 69 29644106 3 14656 $365.08 32 29643126 11 14657 $365.08 70 29644107 44 14656 $365.08 33 29643127 12 14657 $365.08 71 29644108 5 14656 $365.08 34 29643128 13 14657 $365.08 72 29644109 6 14656 $365.08 35 29643129 14 14657 $365.08 73 29644110 7 14656 $365.08 36 29643130 15 14657 $365.08 74 29644111 8 14656 $365.08 37 29643131 16 14657 $365.08 75 29644112 9 14656 $365.08 38 29643132 17 14657 $365.08 76 29644113 10 14656 $365.08 City of Brea April
21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 7 AD# APN Lot Tract Asmt
77 29644114 11 14656 $365.08
78 29644115 12 14656 $365.08
79 29644116 13 14656 $365.08
80 29644117 14 14656 $365.08
81 29644118 15 14656 $365.08
82 29644119 16 14656 $365.08
83 29644120 17 14656 $365.08
84 29644121 18 14656 $365.08
85 29644122 19 14656 $365.08
86 29644123 20 14656 $365.08
87 29644124 21 14656 $365.08
88 29644125 22 14656 $365.08
89 29644126 23 14656 $365.08
90 29644127 24 14656 $365.08
91 29644128 25 14656 $365.08
92 29644129 26 14656 $365.08
93 29644130 27 14656 $365.08
94 29644101 28 14656 $365.08
95 29644102 29 14656 $365.08
96 29644103 30 14656 $365.08
City of Brea April 21, 2026
Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 8 PART E
ASSESSMENT DISTRICTS’ BOUNDARIES
A diagram of the boundaries of Landscape and Lighting Maintenance District No. 7 is included herein.
District No. 7 includes all properties in the City of Brea located within the tract boundary of Tract No. 14658 recorded in Book 724, Pages 9 through 11, of Tract No. 14657 recorded in Book 733, Pages 15, 16, and 17, and of Tract Nos. 15070 and 14656 of Miscellaneous Maps, records of Orange County, California.
Also, the lines and dimensions of each lot or parcel within the Districts are those lines and dimensions shown on the maps of the Assessor of the County of Orange for Fiscal Year 2026-27. The Assessor's maps and records are incorporated by reference herein and made part of this report.
City of Brea April
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Landscape & Lighting Maintenance District No. 7, FY 2026-27 Page 9