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  Agenda Item   22.    
City Council Meeting
Meeting Date: 08/16/2022  
FROM: Bill Gallardo

Subject:
Rescission of Approval of Zone Change No. ZC 2021-02, Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-18 for Property Located at 1639 E. Imperial Highway (Brea Plaza Shopping Center)
RECOMMENDATION
Rescind approval of Zone Change, Precise Development, and Conditional Use Permit approvals for the formerly proposed mixed-use project Brea Plaza Shopping Center located at 1639 E. Imperial Highway by taking the following actions:
 
1. Adopt Ordinance No. 1231 (Attachment A) repealing Ordinance No. 1226 to rescind approval of Zone Change No. ZC 2021-02. 
 
2. Approve Resolution No. 2022-062(Attachment B) repealing Resolution Nos. 2022-031 and 2022-032 to rescind approval of Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. CUP 2021-18.
BACKGROUND/DISCUSSION
On April 19, 2022, the City Council adopted Resolution Nos. 2022-031 and 2022-032 for a proposed mixed-use project at the Brea Plaza Shopping Center, located at 1639 E. Imperial Highway.  Resolution No. 2022-031 approved Precise Development No. PD 2021-03 for development of an approximately 187,477 square foot mixed-used building comprised of 155 residential units, 13,800 square feet of commercial space, and a parking garage.  Resolution No. 2022-032 approved Conditional Use Permit No. 2021-17 to modify off-street parking requirements and Conditional Use Permit No. CUP 2021-18 to amend a comprehensive sign program.

On May 3, 2022, the City Council approved Resolution No. 2022-033 and adopted Ordinance No. 1226 for this mixed-use project at the Brea Plaza Shopping Center.  Resolution No. 2022-033 approved General Plan Amendment No. GPA 2021-04 to change the land use designation of the site from General Commercial (C-G) to Mixed Use II (MU-II).  Ordinance No. 1226 approved Zone Change No. ZC 2021-02 to change the zoning designation of the site from General Commercial (C-G) to Mixed Use II (MU-II).

Brea Resident Advocacy PAC timely filed a referendum petition against Resolution No. 2022-033 and, following signature verification by the County Registrar of Voters, the City Clerk certified the petition’s sufficiency.  On July 19, 2022, the City Council reconsidered Resolution No. 2022-033 as required by Elections Code Sections 9237 and 9241.  At that the meeting, the City Council also considered a July 19, 2022 letter submitted by the applicant requesting that the Brea Plaza Shopping Center be returned to its previous commercial zoning.  In accordance with that request, the City Council adopted Resolution No. 2022-053 to repeal Resolution No. 2022-033 and rescind approval of General Plan Amendment No. GPA 2021-04.  

The rescission of approval of General Plan Amendment No. GPA 2021-04 precludes Zone Change No. ZC 2021-02, Precise Development No. PD 2021-03, Conditional Use Permit No. CUP 2021-17, and Conditional Use Permit No. 2021-018 from becoming effective.  Formal rescission of those approvals will prevent confusion regarding the status of entitlements for the formerly proposed mixed-use project at the Brea Plaza Shopping Center.  This action will not impact the Final Environmental Impact Report certified by Resolution No. 2022-030.
RESPECTFULLY SUBMITTED:
William Gallardo, City Manager
Prepared by: Terence Boga, City Attorney
Concurrence: Jason Killebrew, Community Development Director
Attachments
Ordinance No. 1231
Resolution

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