Tuesday, August 19, 2025, 7:00 PM

COUNCIL CHAMBERS

1 Civic Center Circle

Brea, California 92821

** Revised **

 Blair Stewart, Mayor                                         Cecilia Hupp, Mayor Pro Tem

Christine Marick, Council Member     Marty Simonoff, Council Member     Steven Vargas, Council Member

This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk’s Office at (714) 990-7756 or view the Agenda and related materials on the City’s website at www.cityofbrea.gov. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City’s website subject to staff’s ability to post documents before the meeting.

Procedures for Addressing the Council

The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda.

The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. Please silence all cell phones and other electronic equipment while the Council is in session. Thank you.

Written comments may be submitted in advance of the meeting by emailing cityclerksgroup@cityofbrea.gov. Written comments received by 3 p.m. on the day of the meeting will be provided to the Council, will be made available to the public at the meeting, and will be included in the official record of the meeting.

Special Accommodations

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (714) 990-7757. Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. (28 CFR 35.102.35.104 ADA Title II)

Important Notice

The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at www.cityofbrea.gov. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.

3. PUBLIC HEARING

This portion of the meeting is for matters that legally require an opportunity for public input.  Audience participation is encouraged and is limited to 5 minutes per speaker.

3.A. Appeal of the Planning Commission Decision to Approve the DJT4 Parcel Delivery Facility (Amazon)- Environmental Impact Report No. 2023-01, Vesting Tentative Parcel Map No. 2022-193, and Plan Review No. 2022-09

Staff recommends that the City Council deny the appeals by David Maxey and CARE CA and uphold the Planning Commission's decision by taking the following actions:

1. Adopt Resolution No. 2025-054, denying appeals and certifying EIR No. 2023-01, State Clearinghouse No. 2023070241, which analyzed the environmental impacts resulting from construction and operation of the Project, and which was prepared pursuant to CEQA Guidelines Sections 15132 (Contents of Final EIR) and 15090 (Certification of the Final EIR);

2. Adopt Resolution No. 2025-055, denying appeals and approving PR No. 2022-09 to allow the demolition of an existing 637,503 square-foot office building, surface parking, and associated landscape area, and the construction of an industrial warehousing development consisting of a 181,500 square-foot parcel delivery facility, including surface parking and associated landscape areas, based on the findings and conclusions in the resolution, and subject to the recommended conditions of approval; and

3. Adopt Resolution No. 2025-056, denying appeals and approving TPM No. 2022-193 to reconfigure and merge three existing lots into one lot to accommodate the Project, based on the findings and conclusions in the resolution, and subject to the recommended conditions of approval.

4. ADMINISTRATIVE ITEMS

This agenda category is for City Council consideration of a wide variety of topics related to the City's operations. Public comments regarding items in this section should be presented during "Matters from the Audience."

4.A. Mercury Senior Apartments Project: Approval of a Density Bonus, Environmental Impact Report Addendum, financial requests, and associated agreements

1. Approve an Affordable Housing Agreement, including Notice of Affordability Restrictions, with Brea Mercury LP for the Mercury Senior Apartments Project;

2. Approve a Loan Agreement with Brea Mercury LP, which includes a loan of $2,331,800 from the City’s Housing Trust Fund (270) and up to $659,311 in deferred development impact fees for the development of said affordable project;

3. Adopt Resolution No. 2025-057 approving the following: a. Density Bonus (DB) No. 2025-01, a request to utilize the Density Bonus parking standards and two Density Bonus waivers of development standards to allow for reduction in required minimum common open space and bicycle parking, subject to conditions of approval provided as Exhibit A of the said resolution; b. Addendum to the Final Environmental Impact Report (FEIR) for the Mercury Lane Project (EIR SCH No. 2018121032 Addendum No. 1) pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164;

4. Approve an Affordable Housing and Regulatory Agreement and Declaration of Restrictive Covenants (Density Bonus Agreement) with Brea Mercury LP;

5. Find the Affordable Housing Agreement, Loan Agreement, and Density Bonus Agreement exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3);

6. Amend the Fiscal Year 2025-27 Operating Budget to appropriate $2,331,800 in the City’s Housing Trust Fund (270) for a loan payment to the development of said affordable housing project;

7. Approve the deferral of development impact fees for said affordable housing project in an amount not-to-exceed $659,311, as stated in the Loan Agreement; and

8. Authorize the City Manager or designee to: a. Execute the Affordable Housing Agreement, including Notice of Affordability Restrictions, with Brea Mercury LP; b. Execute the Loan Agreement with Brea Mercury LP; c. Execute the Density Bonus Agreement with Brea Mercury LP; and d. Administratively make non-monetary revisions to the three above-mentioned agreements and related documents as necessary or appropriate.

5. CONSENT CALENDAR

The City Council/Successor Agency approves all Consent Calendar matters with one motion unless Council/Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during “Matters from the Audience."

8. COUNCIL ANNOUNCEMENTS

Date Posted: August 14, 2025