PROJECT LOCATION
The project site is located north of Birch Street and bisected by State College Boulevard resulting in Site 1 to the west of State College and Site 2 to the east, see Figure 1. The site is bordered to the north by the Tracks at Brea trail and single-family residences north of the trail; to the south by Birch Street and the Brea Mall; to the east by the 57 Freeway and to the west by Brea Marketplace and single family residences.
BACKGROUND
Through the mid ‘80s and early ‘90s, a series of Development Agreements and amendments to Development Agreements were adopted for Sites 1 and 2. The final evolution of these entitlements, Amendment to Development Agreement 89-2, was recorded May 23,1990 and provided for the mix of office and commercial uses in a campus setting including nine, free-standing office buildings with approximately 805,000 square feet. Other individual buildings on Site 1 and Site 2 ranged from 68,000 to 130,000 square feet, with heights ranging from 72 to 100 feet.
Site 1, commonly known as Brea Place was built with two, multi-story office buildings and an above ground parking structure. The northernmost building approved on Site 1, approximately 70 feet south of the northern property line, included approval for 90,000 square feet of office with an overall height of 72 feet. Site 2, commonly known as, Brea Financial Commons was built with four office buildings for an approximate total of 540,000 square feet of commercial space. The entitlements for the remaining 265,000 square feet of office space were not exercised but remained active into the early 2000s.
In 2003, the City initiated a City-wide, comprehensive update to the General Plan. A component of this effort included identifying sites suitable for mixed use development. In part, these considerations for density and residential opportunities related to the community’s concern with protecting open space and limiting development in hillside areas. The General Plan recognized that if less growth occurred in the hills other opportunities would be necessary to meet housing goals. Through this effort, Site 1 and the adjacent commercial center to the west were approved as Mixed Use 1, the most intense of the mixed use districts of the General Plan. The 2003 General Plan maintained Site 2 as Regional Commercial with the intent to continue providing for commercial uses.
An Environmental Impact Report (EIR) was prepared as part of the 2003 General Plan update. The EIR analyzed technical studies including: land use; transportation/traffic; noise; air quality; biological resources; aesthetics; cultural resources; geology/soils; hazards and hazardous materials; hydrology; utilities and service systems; population and housing and public services/recreation for the proposed changes city-wide. It is important to note, additional project specific environmental review would be needed as project applications were submitted. The results of the 2003, City-wide analysis evaluated the potential for impacts of new land use designations and build out scenarios. Results found all areas analyzed would have less than significant impacts with proper mitigation with the exception of air quality and traffic. The traffic impacts specifically related to impacts on Carbon Canyon Road. A statement of overriding consideration was adopted. The complete EIR is available for reference.
The Mixed Use 1 General Plan designation was new to the City and as such there was no corresponding zoning classification. Following the General Plan update the City initiated the drafting of Mixed Use development standards and guidelines. In 2006, the Mixed Use 1 (MU-1) standards were adopted and applied where applicable City-wide and to Site 1. This zone allows residential density of up to 50 dwelling units per acre (du/ac), a maximum building height of 100 feet and a maximum Floor Area Ratio (FAR) of 3.0.
The City’s Housing Element was updated in 2008 and again in 2014. Both updates included potential housing sites and estimations for residential development to show how adequate opportunity and zoning to meet the California State Regional Housing Needs Allowance (RHNA) requirements could be achieved. Site 1 together with other housing sites in the City played a key role in showing the State that Brea had ample opportunity to provide for and meet its RHNA goals.
Brea Place Acquisition Partners (LLC), Hines, purchased both Site 1 and Site 2 in 2014. After taking ownership they began making site improvements to the existing campus conditions and bringing new commercial tenants to the project. An application was submitted in 2015 for a mixed use infill project to build out remaining vacant area of Site 1 and Site 2.
DISCUSSION
The Applicant provides for the construction of new buildings on vacant portions of Site 1 and 2, to realize build out of the site with a mixed use campus of office, residential, hotel and support commercial uses. Proposed project plans originally included 790 residential units, approximately 17,000 square feet of commercial space and two additional parking levels added to the existing parking garage. Several iterations of plans have been prepared. The final plans submitted October, 2016 include the following:
Residential Uses
Building A (Site 1- nearest the NWC of Birch and State College, see Figure 2): 462 apartments in a five-story building wrapping a seven-level, gated parking structure; and Building B (Site 1- northern portion of project site, see Figure 3): 285 apartments in a three to five-story building wrapping a seven-level, gated parking garage.
The residential units are planned to be a mix of studios, one and two bedroom, for rent apartments. Residential site amenities include: barbeque grills, bocce ball courts, clubhouses, play-areas, fire pits, fitness centers, gated courtyards, outdoor dining and lounging and ground level and rooftop swimming pools and spas. Pathways, paseos and passive open space connect the exterior and interior of the project. These areas include decorative hardscape, landscape, lighting and seating.
Commercial Uses
The applicant proposes approximately 13,000 square feet of commercial space within Building A along the Birch Street frontage. These spaces are distributed and arranged to support neighborhood or project serving tenants. The interior design includes exposed duct work and an open floor plan with moveable interior walls to accommodate the needs of future tenants. The uses anticipated include: a fitness studio, juice bar, bicycle shop, florist, coffee shop, dry cleaner or similar uses. Building B will provide commercial space on the ground floor located at the northeast corner of the Tracks at Brea trail and State College Boulevard. This space is approximately 4,000 square feet and will be designed to accommodate tenants similar to Building A. The architecture is a contemporary style with articulated geometric facades, stucco and ceramic “wood” tile finish siding, with metal access features. The color palette proposed are shades of beige, bronze, gray, teal and white.
The applicant is proposing three outdoor, courtyard areas to be enhanced with shade structures, landscaping, benches and decorative lighting. The applicant is proposing a flexible, programmable space for the surface parking area located between State College Boulevard and the two existing office buildings on Site 1. The space allows for a gathering area similar to the event space at La Floresta. Improvements include: outdoor electricity, moveable planter boxes, and decorative paving.
Hotel Use:
A four-story, 150-room, business class hotel is proposed to be located north of the Claim Jumper restaurant and south of the existing office buildings, on Site 2. The Marriott brand hotel will include a restaurant, lounge area, fitness center, meeting rooms and an outdoor pool. The contemporary design features materials and colors similar and complimentary to the Site 1 buildings.
DEVELOPMENT ACTION REQUIRED AND STAFF ANALYSIS
The proposed application has been reviewed and is found to be consistent with the existing Mixed Use 1 General Plan and MU-1 Zoning designations. The project complies with all applicable development standards and guidelines including but not limited to density, building height, FAR, setbacks, open space and proposed uses. The existing General Plan and Zoning designation afford the applicant specific development abilities and expectations under law. The project does include actions which require specific review and approval by the Planning Commission including:
• Precise Development Review;
• Tentative Parcel Map;
• Conditional Use Permit for the hotel use; and
• Conditional Use Permit for modified parking standards.
Precise Development Review
The commercial (hotel) development proposed on Site 2 in the C-C (PD) zone and nonresidential construction of 10,000 square feet or more and residential construction of five or more dwelling units on Site 1 in the MU-1 zone require Precise Development review. This is an administrative action by the Planning Commission to ensure objectives of the land use designation of the General Plan and the development standards of the Zone are met. Additional requirements or conditions deemed appropriate by the Commission can be added to further the objectives of the General Plan or as needed to protect the public safety and general welfare of the community.
The PD application has been reviewed related to the required development standards. All of the requirements of the Code have been met for this project as stated earlier.
Some specific examples include:
• All buildings proposed are less than the allowed, 100 foot maximum building height. The tallest residential building nearest Birch Street is 75 feet tall. The buildings range from 3-stories to 5-stories in height below the allowable maximum.
• The project includes a total of 1.7 acres of common open space exceeding the 1.3-acre code requirement.
• Private balconies or patios meet or exceed the private open space requirement.
• Commercial space provided along Birch Street meets the required 75% street frontage standard for non-residential uses.
• The zone would allow up to 870 units to be built on Site 1. The applicant is proposing 747 total residential units providing a density of 43 dwelling units to the acre, below the allowable density provided in the Mixed Use 1 zone.
Additionally, staff has evaluated the project related to the goals and objectives of the General Plan. The Mixed Use 1 designation is meant to provide for intense, mixed use urban environments. This designation encourages vertical integration of compatible residential and commercial uses. The project provides a mix of uses and offers a more urban environment. The population density expected is 135 person/acre. The density expected would allow for up to 2,349 people on Site1 or an average of 3.1 persons/unit. Given the project’s mix of studio, one and two bedroom unit size and assuming an average of two people per unit provides a population density estimation of 1,494 person/acre. The project is in keeping with the expectations and goals for the land use designation given the type of development, the density and the design of uses on site, as expressed within the City’s General Plan.
In addition, key policies to implement the goals included in the General Plan for the Mixed Use 1 designation include:
• Developing housing responding to diverse community needs in terms of density, size, location, design and cost;
• Encouraging new development organized around compact, walkable, mixed-use neighborhoods and districts to conserve open space resources, minimize infrastructure costs and reduce reliance on the automobile; and
• Activating and promoting a pedestrian friendly environment on Birch Street
The General Plan identifies, multi-family, rental housing as an important component providing for Brea’s housing needs. While maintaining appropriate density, size, location and design the project offers 747 multi-family, for rent units at a cost to the renter that is on average with other rentals in Brea and in nearby communities. The project includes commercial and public areas along Birch Street activating the street and creating approachable pedestrian-oriented spaces including proposed street furniture, architectural features, landscaping and other improvements.
Additionally, the applicant has been responsive to community input from neighborhoods north and west of Site 1. Here, plans for the residential building have been reduced in height from five-stories to three-stories closest to the Avocado Street and Olive neighborhoods. These modifications served to reduce the proposed unit inventory by 43 units and appreciably reduce visual impacts to the neighborhoods. Other considerations have included enhanced landscaping, window treatments to ensure privacy and building design to limit access and views into adjacent properties. These plan modifications serve General Plan goals for design considerations and in-fill development.
While the project meets all development standards and promotes the goals and objectives of the General Plan staff is recommending conditions to be added to improve the project and its compatibility with surrounding land uses. These conditions consider traffic and circulation improvements, wayfinding, project screening and buffering, design and quality finishes, operations and management of the commercial and residential uses, noise, light, glare, long-term operations of the hotel and maintenance and replacement of improvements on site.
Tentative Parcel Map
The applicant is proposing a parcel map to simplify or clean up the existing parcel mapping for Site 1. The Planning Commission reviews the request to determine the land is suitable for the subdivision, consistent with local and State land use law and in compliance with the subdivision map act and the City’s subdivision ordinance.
The proposed Map is compliant with the Zoning Code, the City’s Subdivision Ordinance and the California State Subdivision Map Act.
The site was originally subdivided with the intention of building multiple commercial buildings on independent parcels. The existing parcel number and configuration does not meet the proposed development pattern. The consolidation of eight parcels into five does not have any negative effect on the project site or surrounding property. The subdivision provides for appropriate access, ingress, egress, easements and dedications. Conditions have been added to ensure all public improvements are made with appropriate timing to coincide with the development and occupancy. A final Map requires City Council review and approval prior to recordation.
Conditional Use Permit – Hotel Use
A hotel use is permitted in the C-C Major Shopping Center zone with the review and approval of a Conditional Use Permit. The review of the Planning Commission is to consider the land use and ensure it is compatible with the zone and the adjacent properties and to add conditions of approval to improve the manner in which the use interacts with surrounding land uses.
Staff has reviewed the application and determined the hotel is compatible with the General Plan and zoning for the property.
The request is to allow a 150-room business class Marriot hotel on Site 2. The hotel will offer amenities to travelers and the community similar to the Embassy Suites including a restaurant, bar, common lounge areas, pool area and meeting rooms. Another hotel location in Brea has been a goal of the General Plan and the City since 2003. The site is compatible with a hotel use given its proximity to the 57 Freeway, local businesses and the regional mall. The site is adequate in size and has ample parking to accommodate the addition of a hotel. The operations and land use is not expected to have a negative impact on the property or adjacent land uses. Conditions have been added to address concerns related to the quality level of the hotel, the amenities offered, the design of the building, internal finishes, operations and long-term value of this use.
Conditional Use Permit – Parking Modifications
The applicant is requesting shared parking and Code modifications for parking requirements for the site. Exceptions or modifications to off-street parking requirements are permitted with the review and approval of a Conditional Use Permit. The applicant is required to show how the modification will still meet or exceed the parking needs of the project. The Planning Commission has the ability to add conditions of approval to ensure all parking is managed on-site and reduce potential for parking issues in the future. Such modifications are common in Brea for mixed use, shopping centers or multi-family residential projects where parking reciprocity benefits all users and can often accommodate a reduction to our more conservative residential standards.
The information provided and verified supports alternative parking standards will meet the needs for parking of all land uses on Site 1 and Site 2. A Conditional Use Permit to allow a reduction from 3,531 to 3,460 parking spaces is not anticipated to have an impact. The technical review and analysis supports the proposed parking modification is appropriate for the development as proposed.
In order to provide justification and validation for the proposed alternative parking standards, the applicant hired HWA Parking to analyze existing conditions and the proposed project and determine appropriate parking standards. The study analyzed; the background and existing conditions on site, adjacent land uses and parking methodology and practices for similar projects in Brea. The study used professional modeling and evaluation tools established through the Urban Land Institute to review and consider shared parking opportunities given the mix of land uses proposed within the project.
Site 1 as proposed and based on a strict interpretation of Brea’s parking standards, by use, would require 2,636 parking spaces. The project proposes 2,508 spaces resulting in a parking reduction of 128 stalls. Site 2 as proposed requires 895 parking spaces. The project proposes 952 spaces resulting in a parking surplus of 57 stalls over Code.
The City of Brea has several approved projects with parking modifications including: Downtown Brea; Brea Marketplace; Brea Civic and Cultural Center; Central Park Village and La Floresta. To review and evaluate this common request, the City engages the services of a parking consultant to review and analyze the proposal submitted by an applicant. In this case, Gibson Transportation Consulting, Inc., was contracted by the city to conduct the peer review of the HWA study. The purpose of this review is to evaluate and analyze the technical data for accuracy and validate methodologies to be consistent with best industry practices. Finally, the third-party review is charged to confirm the proposed standards satisfy on-site parking demands for all uses.
The findings of the review determined the analysis appropriately revised and considered peak hours, seasonal patterns and adjacent land uses. The industry standards used were appropriate and the proposed parking will meet on-site demands. Specifically, the proposed residential parking of 1.78 spaces per dwelling unit rather than 2.01 spaces required by City Code is consistent with industry standards and with at least two other developments (La Floresta and Central Park Village) in Brea. In addition to these comparisons, Gibson Transportation’s experience in Southern California suggests confidence in the proposed parking ratios to adequately meet the site’s needs without concern for impacts to adjacent properties. The report confirms the ability of the project to fully satisfy parking demands of all land-uses on-site.
Although the study shows the project can provide sufficient parking and the project is not anticipated to create parking impacts to adjacent commercial or residential land uses, staff is recommending conditions to require the applicant to provide a Parking Management Plan (PMP) for both commercial and residential tenants to ensure compliance with parking use, to manage operations and respond to concerns or complaints, should they arise. A condition requires the PMP to be recorded with the conditions, covenants and restrictions (CC&Rs), to memorialize on-site parking rules, procedures and processes.
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ENVIRONMENTAL REVIEW
The California Environmental Review Act (CEQA) provides for specific processes and project review tools to evaluate potential environmental impacts of proposed development. The CEQA process of an Initial Study is used to assist agencies to determine the appropriate review process to use for individual projects under consideration. After project submittal to the City, staff contracted with the consulting firm of Kimley-Horn Associates (KMA) to perform an Initial Study and subsequent environmental analysis and review of the proposed Hines project. In its capacity, KMA serves as the City’s resource expert for environmental review and the resulting EIR Addendum is attached to this report as Attachment 3.
An Initial Study was performed by KMA, and analysis and discussion performed with City staff and our legal counsel and identified that an Addendum to the General Plan’s EIR adopted in 2003 would be the proper environmental review tool to consider the potential for environmental impacts from the proposed Hines project. Critically, an Addendum would necessarily include updates to technical studies including a new Traffic Impact study, Geotechnical, Water Quality Management, Sewer Capacity study, Phase I Environmental Assessment, and Air Quality. The discussion that follows details the preparation considerations and findings of the EIR Addendum document.
2003 General Plan EIR - In 2003, the City of Brea certified the General Plan Environmental Impact Report (EIR). The EIR analyzed: Air Quality, Aesthetics ? Light and Glare; Biological Resources; Cultural Resources; Hazards and Hazardous Materials; Hydrology; Traffic and Noise. The document reviewed comprehensive assumptions for the land use policies and development forecasted by the 2003 General Plan. The EIR determined that anticipated impacts from development would result in impacts less than significant when the implementation of mitigation measures for specific needs were incorporated, with two exceptions—citywide air quality and traffic which were found to present significant and unavoidable impacts. Such unavoidable impacts are not uncommon for General Plan considerations for communities in Los Angeles and Orange Counties given the urban metro area and regional traffic and air quality considerations and a Statement of Overriding Considerations was adopted by the City Council in 2003 accepting the findings of the EIR’s identified significant impacts.
General Plan Housing Element EIR Addendum - In 2013, an Addendum to the General Plan EIR was prepared for the 2014-2021 Housing Element. The City Council found that a subsequent EIR was not necessary due no new substantial changes identified which required revisions to the previously certified EIR performed in 2003. This Addendum is relevant to the Brea Place Project because the Housing Element identified 1,744 high-density dwelling units could be developed under the MU-I designation, including 508 residential units on 12.7 acres located on Site 1. The Addendum confirmed no new significant impacts would occur based on the programs and policies contained in the new Housing Element, over those impacts anticipated by the 2003 EIR.
Hines project CEQA Analysis – As previously mentioned, an initial study was prepared for the proposed Hines project. Updated technical studies were conducted as part of the CEQA review and to assess the potential for project impacts given current and future forecast conditions.
Addendum conclusions and traffic - The Addendum confirms no substantial changes to the circumstances under which the proposed project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the 2003 EIR and the 2013 Addendum to the EIR will occur—however several site specific traffic impacts have been identified.
In 2003, the City studied General Plan build out scenarios related to traffic. At that time it was determined 13 intersections in the City would exceed level of service (LOS) D or E. Carbon Canyon road between Valencia Avenue and the eastern edge of the city would result in a significant and unavoidable traffic impact. To evaluate whether the Brea Place project would create new significant traffic impacts, a project specific Traffic impact Analysis was prepared for the project.
The Traffic Impact Analysis (TIA) was prepared by Urban Systems, and is an exhibit within the Addendum document. The City conducted an additional technical peer review of this study to confirm its reliability and validity. The purpose of the study is to provide an assessment of the traffic impacts resulting from the specific Hines development proposal and to determine the impacts on the Level of Service (LOS) of the City’s roadway network. The study considered 26 signalized intersections in the area surrounding the project site.
The proposed project was found to add an estimated 7,121 daily trips to the road network. The findings of the study determine the project would not have a significant impact contribution at any of these roadway intersections studied. However, specific traffic impacts were identified at the project entry points on State College Boulevard and Birch Street.
Site 1 has three existing entry points, see Figure 20. The TIA identified traffic impacts at all three of these entrances requiring mitigation in order to reach a level of less than significant impact. The following recommendations for these intersections is proposed:
1) State College Blvd at Driveway A: Restripe to provide an exclusive left-turn lane and a right and through combination lane in the eastbound direction; modify existing signal heads as necessary to accommodate the restriping.
2) State College Blvd at Driveway B. Construct a raised median to restrict vehicular traffic to right-in/right-out movements onto State College Boulevard.
3) Birch Street at Driveway C: Install a four-way signal that is incorporated into the City’s signal synchronization system.
These mitigation measures and related improvements would be made conditions of any approval for the Hines project.
CEQA Conclusion - Based on the Initial Study, the technical studies prepared, and the review of the Addendum for the proposed Hines project, the environmental effects of the proposed project are within the considerations evaluated in the 2003 EIR and the 2013 Housing Element Addendum and no further analysis is required under the California Environmental Quality Act (CEQA). In accordance with Section 15164 of the State CEQA Guidelines, staff has determined that the Addendum to the previously certified EIR and adopted Addendum to the EIR is the appropriate environmental review for the project.
Importantly, during its processing and project review the applicant conducted a series of public outreach meetings. A common concern expressed by the public regarding the proposed project is the added traffic new residents will bring to the City streets. The applicant is proposing several proactive and voluntary traffic improvement measures and features which are discussed in the next section of the report.
DRAFT CONDITIONS OF APPROVAL
Staff have identified draft conditions of approval which are recommended to be included within any project approval by the Planning Commission. The list of draft conditions provided below are a work in progress which may evolve further over the course of the public hearing. Condition language would be finalized and incorporated within resolution(s) of any Commission action at the conclusion of any project approval.
Voluntary Traffic Improvement Measures - As previously mentioned, while the project’s traffic study and environmental analysis has shown the project will not negatively impact traffic conditions from a CEQA perspective, the applicant is empathetic to the community’s concerns for new trips and vehicles on the streets resulting from its proposed project. The applicant is proposing a series of voluntary traffic improvements, not required by Code or CEQA, as proactive measures intended to positively improve the existing traffic situation on streets around the project site with a goal to improve the quality of life for the community. Staff have included these improvements as conditions of approval to ensure that the improvements proposed are implemented. The improvements include:
Adaptive Traffic Control System: The system provided technology for the signalized intersections along State College Boulevard from Imperial Highway to Lambert Road. This new traffic signal technology is analogous to having a human traffic cop stationed at intersections and looking at traffic to decide who should get the green light and how to move traffic as fast as possible through an intersection. Benefits are described as including:
- Reductions in number of stops
- Smoothing of average travel speed
- Reduction of greenhouse gases
- Reduction in number of crashes
Connected Vehicle Technology Infrastructure: This system is utilized to improve commute times as well as enhance driver safety on the roadways via information transmission technology as well as communication between vehicle and traffic signal. Providing this technology infrastructure on Brea streets will allow our traffic system to communicate with vehicles equipped with the radio technology. Benefits include:
- Allow a traffic signal to communicate with the driver to provide timing on green, yellow, and red status
- Provides travel time information to allow drivers to operate in a more efficient manner
- Alternate routes can automatically be provided in vehicles that have the technology to improve commute times
- Travel times along State College Blvd. and Imperial Hwy & Lambert Rd. can be provided to drivers and the system can be set up to where alternate routes are immediately published to provide alternative route options to the driver
Wayfinding and Congestion Avoidance Program: Signage and circulation management and communication plan to direct people on-site to specific entrances or exits during peak periods to reduce congestion.
Holiday Traffic Parking & Shuttle Plan: Will serve to coordinate with Simon Properties and potential other nearby commercial properties to facilitate a holiday season overflow parking area on Brea Place surface parking, and providing a passenger shuttle program to reduce traffic on City streets during the busy November and December holiday season.
Dedicated Right Turn Lane: Applicant will provide for the construction of a free-flowing lane for southbound traffic on State College to make the west bound right turn movement on to Birch Street.
Relocation and related improvements for Transit Stops on State College Blvd.: These improvements shall provide for bus loading and unloading without impeding the traffic movement in the travel lane.
Modify existing signal phasing: On State College Boulevard and Birch Street within the project vicinity to provide optimal traffic movement.
Increased width for project entry driveways on State College Blvd. and Birch Street: This improvement will allow for reduced deceleration and acceleration needs within the travel lanes of these streets, reducing traffic flow impacts.
In addition to the voluntary traffic measures other draft conditions address further community benefits which will be realized, as well as assuring for quality development details, including:
- Planting and maintenance of specimen sized screening trees within the Tracks at Brea trail area adjacent to the project.
- Insuring the proposed Hotel is afforded quality facilities and operational characteristics.Including Universal Design features within the residential units.
- Specific review and improvements for final landscape and outdoor amenities plans for common areas.
The complete list of draft conditions of approval is provided below:
PD & CUPs
a. Development shall occur in substantial conformance with the plans and specifications submitted to the Planning Commission and dated February 28, 2017; site plan, floor plans, elevations, conceptual architectural elevations and associated details, conceptual landscape plans, conceptual wall and fence elevations, HWA Parking study, Sustainable Plan, etc. are all on file in the Planning Division, the conditions contained herein, and all applicable City regulations.
b. The Project Proponent shall prepare a digital copy (suitable for archival storage) of the plans and specifications noted in Condition “a.” This product shall be received by the Brea Planning Division prior to the issuance of any building permits for the development.
COMMERCIAL USE
c. Commercial uses within Buildings A and B shall fundamentally be project and neighborhood serving, and aligning with the project descriptions, characterizations, and vision statements expressed by the applicant and conveyed within the staff report, the presentation to the Planning Commission, the plans and specifications and the whole of the record, subject to the review and approval of the City Planner. Nothing in this condition shall be construed to limit commercial customers to be generated from on-site, but shall generally achieve the goal to focus on uses aligned with Mixed Use principals for services and retail uses in convenient proximity to residences and offices for use by residents and office workers.
HOTEL RELATED
d. The approved hotel shall include architecture, public and guest room amenities, and features and operational characteristics consistent with the specifications and descriptions contained in the exhibits and information provided by the applicant. Said architecture, amenities, features and operational characteristics shall include:
1. Separate dining and bar areas with full meal and alcoholic beverage service
2. Conference meeting room, available to hotel guests and outside groups with a capacity conducive to use for local service clubs.
3. Public room/lobby area(s) with features promoting guest gathering in a comfortable and inviting design with amenities and features such as conversation seating, wi-fi service, reading areas, fireplace, food and beverage service, etc.
4. Improved and enhanced public guest amenities including swimming pool, health club/spa, outdoor seating and gathering areas with fire pit, bocce court, or similar features.
5. Exterior and interior architectural design incorporating a local Brea/Orange County/Southern California, inspired and comprehensive design approach which provides the building and facilities a distinction from generic hotel branding and design features.
Final consistency with this condition shall be subject to the review and approval of the City Planner prior to the issuance of construction permits.
ARCHITECTURE, LANDSCAPE AND DESIGN AND OPERATIONS
e. Final Architectural plans and details shall be provided for the review and approval of the City Planner prior to the issuance of a construction permit. Architecture and design features shall be consistent with the specifications and details provided to the Planning Commission and shall include high quality materials, finishes, with complementing color palette. Any use of stucco surfacing within the development shall be smooth finished and final specifications and field samples shall be provided.
f. Final architectural and landscape design options for Building A and for Site 1 and respective design and details near the NWC of Birch Street and State College Blvd shall return for the administrative review and approval of the Planning Commission within a Study Session meeting prior to the issuance of a construction permit.
g. Final details regarding all window glazing and potentially reflective building surfaces shall be provided for the review and approval of the City Planner prior to the issuance of a construction permit. Said glazing and surfacing shall be treated or designed in a manner to reduce glare impacts to adjacent uses, motorists, pedestrians and wildlife (e.g. to reduce bird window strikes).
h. The project shall include Universal Design features for residential units. These features include physical improvements that make a dwelling unit more accessible to older or physically challenged tenants. The goal of this condition shall be to provide for as many universal design features as possible as contained and described within the City’s Universal Design checklist. The Project Proponent shall submit details for its Universal Design Program for the review and approval of the City Planner prior to the issuance of a construction permit.
i. Final landscape, hardscape, and outdoor lighting plans and details shall be provided for the review and approval of the City Planner prior to the issuance of a construction permit. Said landscaping plan shall include water conserving irrigation meeting applicable City of Brea standards. Approved landscaping and irrigation shall be installed prior to any building occupancy. Said plan details shall include:
1. Screening quality landscape treatments shall be incorporated along the western property line, adjacent to the parking garage. The screening shall additionally serve the paseo area adjacent to the east elevation of the parking garage.
2. Details for decorative paving, hardscape, outdoor furniture, lighting and associated features. Outdoor amenities for the residential and commercial areas shall incorporate seating amenities, tables, planters and similar details as generally depicted within the concept plans and specifications provided to the Planning Commission.
3. Open space areas along Birch Street shall be provided with plazas, courtyards, street furniture, outdoor dining, lounge areas and similar details to activate the Birch Street frontage which shall be available for general use by patrons of the businesses and pedestrians. Gates, fencing or similar materials restricting public access to the commercial frontage shall be prohibited to insure that areas are open and available for general use.
4. Project bicycle racks with unique design attributes, similar to depictions within the concept plans and specifications provided to the Planning Commission.
5. The number of trees, shrubs, groundcover and vines provided shall not be less than the amount depicted on the conceptual landscape plans contained within the Plans and Specifications.
6. Details shall include the quantity, size, species type and placement of final trees for all trail locations and linear park and common open space areas for each planning area of the project.
7. A landscape installation phasing plan which provides for select, initial placement and planting of trees and shrubs prior to building construction with a goal to provide visual softening of the site from adjacent neighborhoods and public view areas.
8. Final outdoor lighting details incorporating designs and fixtures consistent with the concept plans and specifications provided to the Planning Commission.
9. Wall & Fencing details with construction materials which are decorative and enduring such as Gabion, split-face, decorative masonry or of similar caliber. All low walls adjacent to the city trail shall be Gabion walls.
j. The applicant shall provide final detailed plans and associated agreements to construct and install a decorative pedestrian path/bridge within Tracks at Brea to connect the project to the trail, subject to the review and approval of the City Planner and City Engineer prior to the issuance of a construction permit.
k. The applicant shall provide for the plans and details and Installation of mature, specimen quality and sized (e.g. 60” box) trees within the Tracks at Brea site adjacent to the project site and modification of existing irrigation system in Tracks at Brea to irrigate the proposed trees, subject t the review and approval of the City prior to the issuance of any occupancy.
l. Applicant shall enter into a Maintenance and Reimbursement Agreement (“MRA”) with the City for the improvements within the Tracks at Brea. The MRA shall be recorded prior to any occupancy. The MRA shall state that the Project Proponent(s) or Project Proponent’s Association (POA) shall be responsible to fund, maintain, repair and reconstruct the proposed pedestrian path/bridge connections to the trails and shall reimburse City for the on-going maintenance cost of the proposed trees.
m. All landscaped areas shall be kept free from weeds and debris, maintained in a healthy growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Unhealthy, dead or damaged plant materials shall be removed and replaced within thirty (30) days following written notice from the City Planner.
TRAFFIC AND PARKING RELATED
n. The applicant shall provide plans for the review of voluntary traffic Improvements consistent with representations provided to the Planning Commission, as memorialized at the public hearing, and subject to the further definition and review and approval of the City Planner and City Engineer prior to the issuance of any construction permit for the project. Implementation of said plans shall occur prior to any occupancy. Said improvements shall include:
1. Adaptive Traffic Signal Control System for the signalized intersections on State College Blvd between Imperial Highway and Lambert Road.
2. Connected Vehicle Technology infrastructure for roadways and signals in the project vicinity.
3. Wayfinding and Congestion Avoidance program for the on-site circulation system.
4. Holiday Traffic Parking & Shuttle Plan to serve the Brea Mall and Marketplace shopping center during peak November and December holiday season.
5. A dedicated right turn lane improvement for southbound State College Blvd to west bound Birch Street.
6. Relocation and related improvements for transit stops on north and south bound State College Blvd along the project frontage. Said improvements shall provide for bus loading and unloading without impeding vehicles in the travel lane, subject to coordination with OCTA.
7. Increased width of project driveways beyond minimum City standard to facilitate optimal and more efficient ingress and egress of the site.
8. Modification of existing traffic signal synchronization phasing for signalized intersections near the project site.
o. The applicant shall provide a plan for the programming of the flexible parking/event space at the office buildings on Site 1. Said plan shall include the proposed types of events, number of events, schedule of events, maintenance of event site, parking management and similar operational details for this flexible parking/event space feature. All gathering space details shall be included in the Brea Place conditions, covenants and restrictions. Final operational details, design, colors, materials and finishes shall be subject to the review and approval of the City Planner prior to the issuance of construction permits.
p. Final plans for the details for the expansion of the existing parking garage structure shall be provided for the review and approval of the City Building and Safety Manager prior to the issuance of a construction permit. Said plans shall provide for structural retrofitting to meet current structural design standards per 2016 CA Building Code or an alternative method of means that is deemed structurally acceptable by the Building and Safety Manager. Final parking stall inventory shall be consistent with the findings and recommendations of the parking analysis provided for the project, including any applicable review recommendations from Gibson Transportation, as contained as exhibits to the staff report.
q. Final parking plans and details for Sites 1 and 2 shall be consistent with the findings and recommendations of the parking analysis provided for the project, including any applicable review recommendations from Gibson Transportation, as contained as exhibits to the staff report. Any reduction of on-site parking, change of tenant spaces/uses, restriping or circulation modifications shall be reviewed and approved by the City Planner prior to any modifications.
r. The applicant shall provide a Parking Management Plan (PMP) for the review and approval of the City Planner prior to the issuance of any occupancy for the new buildings. Said PMP shall:
1. Address the use of all on-site parking details and operations and shall incorporate management strategies to maximize the use of available parking (i.e. parking time limitations and transition from a day time use of the office building to a night time need for other uses).
2. Identify a process and central contact to address and resolve any on-site parking discrepancies or issues in a timely fashion.
3. Provide strategies to assure that on-site uses maintain on-site parking and preclude the potential for off-site parking impacts to the adjacent residential neighborhoods.
4. Include a process by which the City of Brea is afforded the ability to require the ownership to provide additional parking analysis and amendments to the PMP to provide for new or modified parking management or solutions should the City of Brea identify any future parking shortfall or problems at the site.
s. The use of the integrated parking garages for Buildings A and B shall be limited to the parking of operable, resident owned, motor vehicles (i.e. cars, trucks, SUV’s, motorcycles). The parking or storage of recreational vehicles is prohibited.
t. The final configuration for vehicle parking design, layout and any other applicable garage or surface parking area, shall be subject to the review and approval of the City Planner prior to issuance of construction permits.
u. A recorded reciprocal access and parking agreement between and among Site 1 and Site 2, and parcels within the sites, shall be executed to the satisfaction of the City Attorney, City Planner and City Engineer and implemented by the applicant prior to final occupancy. This agreement shall be included in the CC&Rs and recorded against all parcels subject to the agreement.
CCRS
v. Covenants, Codes and Restrictions (CC&R's) shall be provided for the review and approval of the City prior to the issuance of any construction permits. The CC&R's shall address the common area, including but not limited to the maintenance and responsibility on-site art piece(s), site drainage, fire service lines, uses, and associated piping and appurtenances, lighting, onsite landscaping, off-site: bio-swale, bridges, improvements and tree grove within the public right-of-way maintained by the Project Proponent.
1. The CC&R's shall include a list of acceptable and/or prohibited uses for the commercial space. Said uses shall be consistent with the project descriptions and vision provided to the Planning Commission through the project entitlement process and reflected within the staff reports, presentations, and specifications.
2. The CC&R's shall require: that parking garages are utilized for the parking of vehicles at all times; and include provisions for the creation of an on-site association/property management; establishment and use of patios/balconies, including but not limited to, storage and permitted outdoor furniture.
3. CC&R's shall be recorded within 30 days of the approved final tract map for Tentative Parcel Map No. 2016-178. A copy of the recorded CC&R's shall be provided to the Community Development Department within thirty (30) days of recordation.
4. All residential and commercial tenants shall be informed of the CC&Rs. A copy of the recorded CC&Rs shall be provided to each residential and commercial tenant upon signature agreement of lease contract.
TRASH
w. A final trash removal service plan shall be submitted for the review and approval of the City Planner prior to first occupancy. Said plan shall provide for and limit trash removal vehicles and servicing of facilities in a manner to reduce associated noise and nuisance impacts to on-site and off-site residents.
x. All outdoor trash facilities shall be shielded from view within a decorative enclosure with walls a minimum six (6) feet in height and provided with metal gates. The design of enclosures shall be in a manner consistent with the architecture used for the buildings and shall require a separate review and approval by the City Planner prior to the issuance of a construction permit.
MISC
y. The applicant shall provide a final construction phasing plan and a timeline of each phase planned in project implementation for the review and approval of the City Planner prior to the issuance of each construction permit.
z. The applicant shall provide a comprehensive sign program subject to the review and approval of the City Planner prior to the issuance of any sign permits. Said program shall include pertinent details regarding residential entry signage, commercial space and project wayfinding. Details shall include the maximum sign area, letter sizes, location, and number of signs, lighting techniques and associated details. Deviations from the signage criteria of the zoning ordinance may be considered within the Sign Program, subject to the review and approval of the City Planner. Signage shall be designed to minimize aesthetic and light and glare impacts to the residential units within and surrounding the project.
aa. The applicant shall provide final plans for surface treatments for any underground electrical vaults and screening treatments for above ground vaults shall be subject to the review and approval of the City Planner and Edison prior to the issuance of a construction permit.
bb. Hold Harmless: To the fullest extent permitted by law, the applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees (“Indemnitees”) free and harmless from: (i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by approval of Precise Development No. 16-04 and Conditional Use Permit Nos. 16-10 and 16-11; and (ii) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to the approval of the Precise Development and Conditional Use Permits or the granting or exercise of the rights authorized by said approval; and (iii) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this Precise Development and Conditional Use Permit. Project Proponent's obligation to indemnify, defend, and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees’ choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
MAP
a. Development shall occur in substantial conformance with the plans and specifications submitted to the Planning Commission and dated February 28, 2017; site plan, conceptual grading plans, tentative maps, utility plans conceptual landscape plans and associated details are all on file in the Planning Division, the conditions contained herein, and all applicable City regulations.
b. The applicant shall prepare a digital copy (suitable for archival storage) of the plans and specifications noted in Condition “a.” This product shall be received by the Brea Planning Division and the Engineering Division prior to the issuance of any building permits for the development.
PRIOR TO FINAL MAP
c. Applicant shall submit Final Map (Parcel Map 2016-178) for the property area located on the west side of State College Boulevard, prepared by a Licensed Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California for review and approval.
d. The following easements shall be vacated by City of Brea:
1. Existing 10-ft wide City of Brea Water Easement, except for the existing 12” water line located along the southwest corner of the property proposed to remain.
2. Existing 30-ft wide City of Brea Storm Drain Easement along the northerly property line.
e. The following easement shall be dedicated to the City of Brea:
1. Public water easement for the proposed domestic water services and fire services location within the property along the first reach of northerly and southerly driveways on State College Boulevard. The exact width and limit of the easement shall be determined at the time of improvement plan review and approval process.
2. Additional public right-of-way dedication for the proposed right-turn only lane on the west side of State College Boulevard at Birch Street. The exact width and limits of dedication, which includes the corner cut-off, shall be determined at the time of improvement plan review and approval process.
f. Applicant shall prepare water easement abandonment and dedication documents for the relocation of the existing 8” public water line within the proposed hotel site (Site 2) located on the east side of State College Boulevard. These documents shall be prepared by a Licensed Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California for review and approval.
g. Applicant shall conduct a detailed operational analysis of the proposed traffic signals at the proposed driveway (Project Driveway C) on Birch Street prior to design of any improvements. The purpose of the operational analysis will be to demonstrate that fully actuated traffic signal can be satisfactorily incorporated into the City’s regional traffic corridor signal synchronization systems on Birch Street without creating vehicle queues that would potentially block or disrupt the efficient operation of the other traffic signals on Birch Street corridor. It is anticipated that incorporation of the new traffic signals will incorporate the installation of adaptive traffic control technology, as such, the operational analysis shall be based on an adaptive traffic control system compatible with existing City equipment and incorporating up to a total of ten signalized intersections on State College Boulevard and Birch Street, as recommended by the Project Proponent and approved by the City Engineer.
h. Applicant shall submit public and private improvement plans, final sewer study and final drainage study for review and approval by City Engineer. Said plans and studies shall be prepared by a Registered Civil Engineer. The public improvements shall include, but are not limited to, the following:
1. Widening of the west side of State College Boulevard to accommodate the right-turn only lane. Project Proponent shall be responsible to remove, relocate, modify and reconstruct any existing improvements, including the traffic signal, impacted by the proposed improvement.
2. Relocation of existing on-site 60” public storm drains along the northerly property line into the City owned property (APN 319-022-28), also identified as Tracks at Brea. Project Proponent is responsible to replace all damaged or disturbed portion of the existing improvements (including the bio-swale) in the Tracks at Brea in-kind.
3. Removal of existing on-site 8” public water line, located in the apartment site west side of State College Boulevard, interfering with the proposed improvements. Project Proponent could reuse and/or reconstruct the remaining portion of the existing water line for private fire water line purposes per Fire Department review and approval.
4. Relocation of existing on-site 8” public water line, located in hotel site east of State College Boulevard, interfering with the proposed improvements. Project Proponent shall submit public water easement abandonment and dedication documents for review and approval by City Engineer. These documents shall be prepared by a Licensed Surveyor or Registered Civil Engineer authorized to practice land surveying in the State of California.
5. Relocation of the existing water quality monitoring station on the existing 8” water line located in the southwest corner of the project. The new location shall be determined by City Engineer at the time of improvement plan review and approval process.
6. Upsizing the existing connector pipe between the catch basins on State College Boulevard and Birch Street (at the south east corner of the development area located on the west side of State College Boulevard), if the final drainage study indicates that the existing connector pipe is deficient to accept the proposed on-site runoff
7. Proposed improvements at Project Driveway A (existing northerly signalized driveway) on State College Boulevard are as follow:
i. Restriping to provide an exclusive left turn lane and a right and through combination lane in the eastbound direction and modification of the existing signal heads as necessary to accommodate the restriping.
8. Proposed improvements at Project Driveway B (existing southerly non-signalized driveway) on State College Boulevard are as follow:
i. Construction of a raised center median on State College Boulevard to allow right turns in and out of the driveway, as shown in the Traffic Impact Analysis (TIA). The exact length and width of the raised median to be determined by City Engineer at the time of improvement plan review and approval process.
9. Proposed improvements at Project Driveway C (existing non-signalized driveway) on Birch Street are as follow:
i. If the traffic operational analysis is demonstrated to the satisfaction of the City Engineer that the proposed traffic signal at Project Driveway C can be incorporated into the City’s signal synchronization system, then design of the traffic signal can proceed. Additionally, the Project Proponent shall include an adaptive traffic control system in the Birch Street corridor.
ii. The Project Proponent shall monitor and report on the traffic signal synchronization operation of the Birch Street corridor on a regular basis during the course of the construction and occupancy of the project up to 100% occupancy and for a period of two (2) years after 100% occupancy; and, to make improvements to the traffic signals on the Birch Street corridor, as required by the City Engineer, to ensure that the traffic signal synchronization continues to operate at an optimal level of service. For the purposes of the monitoring, it shall be the Project Proponent’s obligation to retain a traffic engineering consultant qualified to conduct the monitoring and approved by the City Engineer.
iii. However, if the traffic operational analysis does not demonstrate to the satisfaction of the City Engineer, that the proposed traffic signal at Project Driveway C can be incorporated into the City’s signal synchronization system, then further analysis shall be conducted at the Project Proponent’s expense by a qualified Traffic Engineer approved the City Engineer to determine an alternative traffic mitigation solution acceptable to the City Engineer shall be provided.
i. Applicant shall complete the required improvements or enter into a Subdivision Improvement Agreement with the City. All public improvements required to construct within these Conditions of Approval, including proposed trees and irrigation modification improvements in Tracks at Brea, shall be guaranteed to be installed by providing bonds or sureties (cash deposit) for both Faithful Performance and Labor and Materials as required by the Subdivision Map Act in a form approved by the City Attorney. The bonds shall also include the costs associated with monthly traffic monitoring and reporting based during the course of the construction and occupancy of the project up to 100% occupancy and for a period of two (2) years after 100% occupancy.
j. Applicant shall submit a Baseline Traffic Monitoring Report. Applicant shall consult with City Traffic Engineer for the monitoring and the report format. The monitoring and report shall be conducted by a traffic engineering consultant qualified to perform the monitoring and approved by the City Traffic Engineer.
k. Applicant shall provide CC&Rs for the review and approval of the Public Works Department, Fire Department, Community Development Department and City Attorney. The CC&Rs shall address the common areas, including but not limited to the maintenance and responsibility: site drainage; shared utility lines and associated piping and appurtenances; lighting; on-site landscaping & irrigation maintained by the Project Proponent and/or Project Proponent’s Association (POA). This requirement shall be included in the CC&Rs as described for the Precise Development No. 16-04 and Conditional Use Permit Nos. 16-10 and 16-11.
l. Said CC&R shall include a statement that “the recorded copy of the Maintenance and Reimbursement Agreement entered into by the Project Proponent and City is made a part of these CC&R’s thereof.”
Prior to issuance of any grading permit:
m. Applicant shall submit final Water Quality Management Plan for review and approval.
n. Applicant shall submit grading and demolition plans as prepared by Registered Civil Engineer for review and approval by the City Engineer and Building Official.
Upon the issuance of first construction (demo, grading or building) permit:
o. Applicant shall start the regular Traffic Monitoring Report process. Applicant shall consult with City Traffic Engineer for the monitoring and the report format. The monitoring and report shall be conducted by a traffic engineering consultant qualified to perform the monitoring and approved by the City Traffic Engineer and submit the report on a regular basis.
Prior to issuance of residential (non-parking structure) building permit for building fronting Birch Street or Hotel Site:
p. Applicant shall complete the construction of the following required improvements to the satisfaction of City Engineer:
i. Raised center median on State College Boulevard at Project Driveway B.
ii. Traffic signal and adaptive traffic system or alternately approved traffic mitigation on Project Driveways C.
Prior to issuance of building permit of the proposed structures fronting the Tracks at Brea:
q. Applicant shall complete the construction of the following required improvements to the satisfaction of City Engineer:
i. Restriping and signal modification at Project Driveway A.
ii. Relocation of 60” storm drain line.
iii. Installation of tree and irrigation in the Tracks at Brea.
Prior to release of all Faithful Performance Bond:
r. Applicant shall provide regular Traffic Monitoring Report through the course of construction and up to a minimum of 24 months (2 years) from the time of 100% occupancy of the project. If the installed traffic signal on Project Driveway C is determined to not function to the satisfaction of the City Engineer, then the traffic signal shall be removed and an alternative traffic mitigation solution acceptable to the City Engineer shall be provided.
s. All improvements shall be completed and accepted by the City and warranty bond shall be provided in accordance with the Subdivision Improvement Agreement.
t. Hold Harmless: To the fullest extent permitted by law, the Applicant shall indemnify, defend and hold the City, its elected officials, officers, contractors serving as City officers, agents, and employees (“Indemnitees”) free and harmless from: (i) any and all claims, liabilities and losses whatsoever occurring or resulting to any and all persons, firms, entities, or corporations furnishing or supplying work, services, materials, or supplies in connection with, or related to, the performance of work or the exercise of rights authorized by approval of Tentative Parcel Map No. 2016-178; and (ii) any and all claims, lawsuits, liabilities, and/or actions arising out of, or related to the approval of this Tentative Parcel Map and/or the granting or exercise of the rights authorized by said approval; and (iii) from any and all claims, liabilities and losses occurring or resulting to any person, firm, entity, corporation for property damage, personal injury, or death, arising out of or related to the approval of, or exercise of rights granted by, this Tentative Parcel Map. Project Proponent's obligation to indemnify, defend, and hold the Indemnitees free and harmless as required hereinabove shall include, but is not limited to, paying all fees and costs incurred by legal counsel of the Indemnitees’ choice in representing the Indemnitees in connection with any such claims, losses, lawsuits, or actions, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
SUMMARY
The applicant is requesting entitlements to allow the development of the Brea Place Project including: a tentative parcel map; precise development; conditional use permits for a hotel and for parking modifications. Staff finds the project application and requested entitlements are designed to comply with the General Plan, City Code, California State Law and the Subdivision Map Act. The design, quality and uses proposed are found to further the goals and objectives of the General Plan and are consistent with Zoning for the property. The parking study confirms the alternative parking standards will meet the needs of land uses on site. Given this information, the environmental analysis, technical studies and the findings for this project, staff recommends the Planning Commission approve the requested entitlements subject to the conditions of approval.
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