RESOLUTION NO. 2022-033

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BREA APPROVING GENERAL PLAN AMENDMENT NO. GPA 2021-04 TO CHANGE THE LAND USE DESIGNATION OF THE BREA PLAZA SHOPPING CENTER LOCATED AT 1639 E. IMPERIAL HIGHWAY FROM GENERAL COMMERCIAL TO MIXED USE II

A. RECITALS.

(i) BOSC Realty Advisors has applied for approval of the Brea Plaza Mixed-Use project, which includes General Plan Amendment No. 2021 04 (GPA 2021 04), Zone Change No. 2021 02 (ZC 2021-02), Precise Development No. 2021-03 (PD 2021-03), Conditional Use Permit No.2021-17 (CUP 2021-17), and Conditional Use Permit No. 2021-18 (CUP 2021-18) to allow the expansion of the existing Brea Plaza Shopping Center through the demolition of an approximately 18,450 square foot movie theater and adjacent surface parking lot and construction of an approximately 187,477 square foot mixed-use building on a 2.2-acre area, consisting of a maximum 155 residential dwelling units, 13,800 square feet of commercial space, and a minimum total of 871 parking spaces at the site. For purposes of this Resolution, GPA 2021 04, ZC 2021-02, PD 2021-03, CUP 2021 17 , CUP 2021 18 are collectively refened to herein as "the Project."

(ii) The Project site is generally located at 1639 E. lmperial Highway and further described as Assessor Parcel Nos. 319-391-01, 319-391-02, 319-391-03, and 319-391-04, as shown in the latest records of the County of Orange Assessor's Office (collectively, the Subject Property"). GPA 2021 04, which is the subject of this Resolution, would amend the City's General Plan to change the land use designation of the Subject Property from General Commercial ( C-G) to Mixed Use ll (MU-ll).

(iii) The City has prepared an Environmental lmpact Report (ElR) to analyze the environmental effects of the Project pursuant to the requirements of the California Environmental Quality Act, Public Resources Code S 21000 et seq. ("CEaA"). By adoption of a separate resolution, the City Council has certified the Final EIR and adopted a Mitigation Monitoring Program (MMP) for the Project, which is attached as Exhibit B to that resolution.

(iv) On January 25,2022, the Planning Commission of the City of Brea held a duly noticed public hearing on the Project and the ElR, after which it recommended that City Council certify the Final EIR and approve the Project.

(v) On April 5,2022, the City Council held a duly noticed public hearing on the Project and the Final ElR, during which it received and considered all evidence and testimony presented prior to adoption of this Resolution.

(vi) On April 26,2022, the Planning Commission considered the Mixed-Use ll designation and voted to recommend the change by a vote of 3-1-1, with Chair Brattain opposed and Commissioner Chandel abstaining.

(vii) All legal prerequisites to the adoption of this Resolution have occurred

B. RESOLUTION.

Now, therefore, the City Council of the City of Brea does hereby find, determine, and resolve as follows:

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

SECTION 2. Based on the facts set forth above and entirety of the evidence presented at the above-referenced public hearings, including but not limited to all written evidence and testimony presented during those hearings, the City Council finds that approval of GPA 2021-04 would be in the public interest.

a. GPA 2021-04 would be consistent with other goals, policies, and provisions or the General Plan, including as follows:

i. General Plan Goal CD-1 is to "Provide a balance of land uses to meet the present and future needs of all residents."The Project would adhere to Goal CD-1 by providing residential dwelling units and office facilities that would serve the City's existing residents and workforce, and those seeking to relocate to Brea. The Project would create a variety of housing opportunities by providing studio to four-bedroom dwelling units, including 15 allocated for low income.

ii. General Plan Policy CD-1.9 is to "Encourage new development that is organized around compact, walkable, mixed-use neighborhoods and districts to conserve open space resources, minimize infrastructure costs, and reduce reliance on the automobile." The Project would adhere to Policy CD-1.9 by creating a compact mixed use in-fill development characterized by a horizontal mix of restaurant, retail, and office uses, that would conserve open spaces elsewhere while providing new options for people live within walking distance of places to shop, dine, and work.

iii. General Plan Policy CD-23.2 is to "Provide opportunities for mixed-use, office, manufacturing, and retail development that respond to market and community needs in terms of size, location, and cost." The Project would adhere to Policy CD-23.2 by providing mixed-use development that would serve a new population of residents that would desire to live onsite where commercial and retail amenities are within walking distance. Of the maximum 155 residential units, 15 would be set aside for low income households, thereby contributing to the City's requirement to provide low-cost housing mandated by the State Department of Housing and Community Development HCD) through the regional housing needs assessment.

iv. Policy CD-26.3 is to "Explore opportunities for mixed-use development projects on sites historically supporting commercial centers." The Project would adhere to Policy CD-26.3 by allowing a mixed-use development on a site that has been developed and maintained as a commercial shopping center since 1976.

v. General Plan Housing Element Policy 1.4 is to "Encourage residential and mixed-use developments that focus on building community, incorporating outdoor features as living space, as well as providing a mix of amenities that benefit the surrounding neighborhood. " The Project would adhere to Policy 1.4 by allowing a mixed use development with up to 155 residential dwelling units and communal areas including a terrace deck on the fourth story with garden, and open gathering space. The Project would provide residential units that could be occupied by employees of neighboring commercial uses, such as Mercury Insurance to the north, and office space that could be occupied by neighboring residents. Therefore, through its desgin, the Project would focus on building community with outdoor features.

vi. General Plan Housing Element Policy 2.2 is to "Utilize the City's Inclusionary Housing Ordinance as a tool to integrate affordable units within market rate developments, or pay an in-lieu fee to support the provision of affordable housing." The Project would adhere to Policy 2.2 by setting aside 't5 residential units for low income, thereby providing low-cost housing within a market rate development.

vii. General Plan Housing Element Goal 3.0 is to "Provide adequate housing sites through appropriate land use, zoning, and specific plan designations to accommodate Brea's share of regional housing growth needs." The Project would adhere to Goal 3.0 by by providing new residential dwelling units that would count towards the City's RHNA of 2,365 dwelling units. The Project would contribute up to 155 residential units towards the City's unit production, including 15 affordable units.

viii. General Plan Housing Element Policy 3.2 is to "Provide opportunities for mixed use and infill housing development opportunities in the Brea Core as part of the City's ongoing revitalization strategy for the area." The Project would adhere to Policy 3.2 by allowing a mixed-use infill housing development within the Brea Core, aligned with the City's objective to integrate high density development projects within the Brea Core area. The Brea Core is further described in this report.

ix. General Plan Housing Element Policy 3.3 is to "Promote the efficient use of land by encouraging commercial and residential uses on the same property in both horizontal and vertical mixed-use configurations. " The Project would adhere to Policy 3.3 by allowing the introduction of a mixed-use building with residential and office uses, over a 2.2-aqe area within the 15.5-acre Brea Plaza Shopping Center. The proposed mixed use building is designed with horizontal and vertical features that include building modulation, building step-backs, and exterior finishes that would be integrated with, and complimentary to, the existing commercial development on the site.

x. General Plan Housing Element Policy 6.6 is to "Encourage a closer link between housing and jobs in the community, including housing opportunities affordable to Brea's modest income workforce." The Project would adhere to Policy 6.6 by providing housing adjacent to employment opportunities found within the existing Brea Plaza Shopping Center and employees of neighboring commercial uses, such as Mercury lnsurance to the north. The proposed co-working office areas could be used by residents in the mixed-use building and by residents in the vicinity. The Project would allocate 15 residential units for low income, that could support modest income workforce.

b. The proposed General Plan amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. The Project site is physically suitable for a Mixed Use ll Land Use Designation, which would be compatible with adjoining land uses. The Project has been evaluated and conditioned so as to upgrade necessary utilities and ensure proper traffic circulation to minimize vehicle-pedestrian conflicts. The Final EIR also evaluated environmental factors including, but not limited to, noise, aesthetics, traffic, and greenhouse gas emissions, and it concludes that with imposition of the mitigation measures found in the MMP, the Project would not result in any significant adverse environmental impacts.

SECTION 3. The City Council hereby approves GPA 2021-04 to change the land use designation of the Subject Property from General Commercial ( C-G) to Mixed Use ll (MU-ll), subject to the attached Conditions of Approval and the requirements of the MMP.

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

APPROVED AND ADOPTED this 3rd day of May, 2022

Mayor

ATTEST:

City Clerk

l, Lillian Hanis-Neal, City Clerk of the City of Brea, do hereby certify that the foregoing Resolution adopted at a regular meeting of the City Council of the City of Brea, held on the 3rd day May, 2022, by the following vote:

AYES: COUNCIL MEMBERS: Hupp, Parker, Marick, Simonoff

NOES: COUNCIL MEMBERS: None

ABSENT: COUNCIL MEMBERS: None

ABSTAINED: COUNCIL MEMBERS: None

RECUSED: COUNCIL MEMBERS: Vargas

Dated: 5/9/2022