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  Agenda Item   18.    
City Council Meeting
Meeting Date: 07/19/2022  
FROM: Bill Gallardo

Subject:
Environmental Impact Report No. 2022-01, General Plan Amendment No. 2022-01, Zone Change No. 2022-01, Specific Plan No. 2022-01, and Development Agreement No. 2022-01 (Brea 265 Specific Plan)
RECOMMENDATION
Staff recommends that the City Council take the following actions:
  1. Approve a Resolution (Attachment A) certifying a California Environmental Quality Act (CEQA) Environmental Impact Report (EIR), State Clearinghouse No. 2020079022, and adopting Findings of Fact (FOF), a Statement of Overriding Considerations (SOC), and a Mitigation Monitoring Program (MMP);
  2. Approve a Resolution (Attachment B) approving General Plan Amendment No. 2022-01 to amend the General Plan Land Use designation of the Project site from Hillside Residential and Low Density Residential to Specific Plan, based on the findings and conclusions in the attached resolution;
  3. Introduce by title only and waive further reading of an Ordinance (Attachment C) approving Zone Change No. 2022-01 to amend the zoning designation of the Project site from HR and R-1 to Specific Plan, based on the findings and conclusions in the attached ordinance;
  4. Approve a Resolution (Attachment D) approving Specific Plan No. 2022-01 for the Brea 265 Specific Plan, based on the findings and conclusions in the attached resolution, and subject to the recommended conditions of approval (Attachment E);
  5. Introduce by title only and waive further reading of an Ordinance (Attachment F) approving Development Agreement No. 2022-01, based on the findings and conclusions in the attached ordinance; and
  6. Schedule adoption of aforementioned Ordinances at the next regular City Council meeting.
BACKGROUND/DISCUSSION
The Applicant, Aera Energy, LLC, represented by George Basye, requests approval of the “Brea 265 Specific Plan” project ("Project"), which is a phased, master planned community on approximately 262 acres of land. The proposed project would allow up to 1,100 residential dwelling units, which are divided into 450 single-family units and 650 multi-family units. The residential densities range from 3.1 to 10.3 dwelling units per acre, with an overall average density of 4.2 dwelling units per acre. The proposed project also includes parks and recreational facilities and open space amenities throughout the site.  The proposed parks, recreational amenities, and open space areas are linked with a trail network that connects to the Tracks at Brea and other regional systems. Overall, the Project site includes approximately 198 acres designated for residential use, approximately 15 acres for park and recreational uses, and approximately 47 acres of on-site, permanent open space.
 
Approval of the following entitlements are required for the proposed project:
  1. Environmental Impact Report (EIR): for analysis of the environmental impacts resulting from construction and operation of the Brea 265 Specific Plan, prepared pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines Section 15132 (Contents of Final EIR), and CEQA Guidelines Section 15090 (Certification of the Final EIR); 
  2. General Plan Amendment (GPA): for an amendment of the General Plan Land Use designation of the project site from Hillside Residential and Low Density Residential to Specific Plan;
  3. Zone Change (ZC): for an amendment of the zoning designation of the site from Hillside Residential (HR) and Single-Family Residential (R-1) to Specific Plan;
  4. Specific Plan (SP): for a creation of the “Brea 265 Specific Plan” to specify land uses for the project site; and
  5. Development Agreement (DA): 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.

On June 21, 2022, the City Council received staff and Applicant presentations, opened the public hearing for the Project, received public testimony, requested additional information, and continued the review of the Project to July 19, 2022 City Council meeting. Since then, the draft conditions of approval and the draft Development Agreement have been updated to address the City Council comments on the Project. The revised conditions of approval and the Development Agreement are Attachments E and G to this report, respectively. 

The comprehensive staff report package from the June 21, 2022 City Council meeting, which provides an overview of the Project, analysis of the Project, environmental assessment completed for the proposed project, the Planning Commission recommendation, and fiscal impact of the proposed project, can be accessed from the following link: http://weblink.cityofbrea.net/weblink/0/doc/145380/Page1.aspx.
COMMISSION/COMMITTEE RECOMMENDATION
On May 24, 2022, the Planning Commission, on 4-0-1 vote (Commissioner Chandel absent), 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. In addition, the project material included a Fiscal Impact Study prepared by Development Planning & Financing Group, Inc. to estimate the fiscal impacts on the City in connection with the proposed development of the Project. Staff, with the assistance of the City’s consultant Keyser Marston Associates, conducted a peer review of the Fiscal Impact Study with the insertion of the City’s assumptions and circumstances. The conclusion of both the Fiscal Impact Study and Staff’s peer review point to the Project, as designed, conditioned, and further outlined in the DA, having no negative net fiscal impact on the City’s General Fund.  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
A. EIR Certification Resolution
B. GPA Resolution
C. Draft Zone Change Ordinance
D. Specific Plan Resolution
E. Draft Conditions of Approval
F. Draft Development Agreement Ordinance
G. Draft Development Agreement
H. Pre-Adoption Notices

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