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  Agenda Item   16.    
City Council Meeting
Meeting Date: 05/02/2023  
FROM: Bill Gallardo

Subject:
ENVIRONMENTAL IMPACT REPORT NO. 2020-01 AND APPROVAL OF GENERAL PLAN AMENDMENT NO. 2020-01, ZONE CHANGE NO. 2020-01, DEVELOPMENT AGREEMENT NO. 2020-01 TENTATIVE PARCEL MAP NO. 2022-113, PRECISE DEVELOPMENT PLAN NO. 2020-02, AND CONDITIONAL USE PERMIT NOS. 2020-06, 2022-16, 2022-17, AND 2022-18 (BREA MALL MIXED-USE PROJECT)
RECOMMENDATION
Staff recommends that the City Council take the following actions:
  1. Adopt a resolution (Attachment A) certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2019080299, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Section 15132 (Contents of Final EIR), and CEQA Guidelines Section 15090 (Certification of the Final EIR);
  2. Adopt resolutions (Attachments B through E) approving the following entitlements, based on findings and conclusions in the corresponding resolutions, and subject to the recommended conditions of approval (Attachment H):
    1. GPA No. 2020-01, to change the General Plan Land Use designation of the Project Site and the entire Brea Mall property from Regional Commercial to Mixed-Use I;
    2. TPM No. 2022-113, to adjust lot lines within the Project Site to accommodate the Project;
    3. PD No. 2020-02, to demolish the former Sears department store building, associated auto center, and the adjacent surface parking lot and allow a new mixed-use development that includes retail, restaurants, for-rent residential apartments, a resort-type fitness center, and an outdoor gathering space;
    4. CUP No. 2020-06, to establish a new comprehensive sign program for the Project; CUP No. 2022-16, to allow on-site alcohol consumption of beer, wine and distilled spirits within dining establishments; CUP No. 2022-17, to allow a shared parking plan for the Project; and CUP No. 2022-18, to allow a new resort-type fitness center.
  3. Introduce by title only and waive further reading of ordinances (Attachments F and G) approving the following entitlements, based on findings and conclusions in the corresponding ordinances:
    1. ZC No. 2020-01, to change the zoning designation of the Project Site and the entire Brea Mall property from Major Shopping Center (C-C) with a Precise Development (P-D) overlay to Mixed-Use I (MU-I); and
    2. DA No. 2020-01, for a contract between the Applicant and the City, defining the terms of development proposed by vesting the City’s approval while specifying public benefits and improvements.
  4. Schedule adoption of aforementioned Ordinances at the next regular City Council meeting.
BACKGROUND/DISCUSSION
The Applicant, Simon Property Group, represented by Jocelyn Gubler, requests approval of the “Brea Mall Mixed-Use” project, which proposes to redevelop a 15.5-acre portion of land within the southwest portion 74-acre Brea Mall site. The proposed project consists of demolishing the existing 161,990 square-foot, now-closed Sears Department Store building, the associated auto center and approximately 7.5 acres of adjacent surface parking area, in order to allow a new mix-use development that includes new retail and restaurants buildings, a 380-unit for-rent residential apartment complex with a parking structure, a resort-type fitness center and outdoor gathering spaces. The proposed project requires the City Council approvals of various entitlements, which includes a General Plan Amendment, a Zone Change, a Development Agreement, a Precise Development Plan, a Tentative Parcel Map, four Conditional Use Permits, and certification of an Environmental Impact Report, including adoption of a Statement of Overriding Considerations.

Attachment 1 to this report is a comprehensive staff report that describes details of the proposed project, analysis of the proposed project, environmental assessment completed for the proposed project, and the Planning Commission recommendation.
COMMISSION/COMMITTEE RECOMMENDATION
On December 13, 2022, the Planning Commission, on 5-0 vote, approved resolutions recommending City Council certification of the EIR and approval of all associated entitlements for the proposed project.
FISCAL IMPACT/SUMMARY
There is no request for financial assistance or fee waivers associated with the Project.  The Applicant would be responsible to pay for all applicable permit and development impact fees associated with construction of the Project. Therefore, the Project would not have a negative impact on the City’s General Fund. 
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by:  Joanne Hwang, AICP, City Planner
Concurrence:  Jason Killebrew, Community Development Director
 
Attachments
1. Staff Report
A. EIR Certification Resolution
B. GPA Resolution
C. TPM Resolution
D. PD Resolution
E. CUP Resolution
F. ZC Ordinance
G. DA Ordinance
H. Conditions of Approval
I. Technical Background
J. Vicinity Map
K. Draft DA
L. Final EIR and Appendices
M. Final EIR Response to Comments
N. MMRP
O. 10/25/22 PC Staff Report Package and Minutes
P. 12/13/22 PC Staff Report Package and Minutes
Q. FOF/SOC
R. Public Hearing Notice - Mailer
S. Public Hearing Notice - Publication
T. Pre-Adoption Notices
U. Sears Parcel Legal Description
V. Bike and Pedestrian Exhibit

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