Brea City Zoning Code
Division I
General Regulations
§ 20.00.010 Intent and purpose.
The Brea Zoning Ordinance is hereby adopted and established as is hereinafter set forth in this title in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air, and to prevent and permit adequate control of fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provision for community facilities and utilities, including transportation, water supply, sewage disposal, schools, parks and other public requirements which tend to promote the health, safety and public welfare; all in accordance with a comprehensive plan for the orderly development of the city and its environs.
(Ord. 425, 10-14-1968)
§ 20.00.020 Authority.
The Brea Zoning Ordinance is adopted pursuant to Cal. Constitution, Art. XI, § 11 and in compliance with the requirements of the Planning Law, Cal. Gov't Code Title 7.
(Ord. 425, 10-14-1968)
§ 20.00.030 Title.
This ordinance shall be known as the “Zoning Code of the City of Brea.”
(Ord. 425, 10-14-1968)
§ 20.00.040 Continuation of existing regulations.
The provisions of this title, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. The adoption of this title shall not constitute a validation of any use not conforming with the provisions of the zone in which it is located.
§ 20.00.050 Existing uses.
The existing use, or uses, of all buildings, improvements and premises not in conformity with the standards of requirements of the land use zones in which they are located in accordance with the provisions of this title and which uses are legal under previous zoning ordinances may continue as legal nonconforming uses, as hereinafter defined.
(Ord. 425, 10-14-1968)
§ 20.00.060 Existing lots.
The area and dimension provisions of the sections dealing with “Property Development Standards” shall apply to all lots, provided however, that where a lot has a width or area less than that required in the zone of which it is a part and was held under separate ownership, or was of record, at the time this zoning code became effective, such lot may be occupied by the uses permitted in the zone, subject to the area per dwelling unit and yard requirements and such other regulations as apply uniformly to all lots in said zone.
(Ord. 425, 10-14-1968)
§ 20.00.070 Definitions.
This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Section conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this section, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.
A.
General terminology. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.
The word “building” includes the word “structure.” |
The word “shall” is mandatory and the word “may” is permissive. |
The word “used” includes the words, “arranged for, designed for, occupied or intended to be occupied for.” |
The word “Council” shall mean the City Council of the City of Brea. |
The word “Commission” shall mean the Planning Commission of the City of Brea. |
The word “city” shall mean the City of Brea. |
B.
Specific definitions.
1. "Abatement." "Abut or abutting land." "Abutting." "Access or access way." "Accessory building." "Accessory dwelling unit." "Accessory dwelling unit, junior." "Accessory living quarters." "Accessory retail uses." "Accessory structure." "Accessory use." "Accessory uses and structures (residential land use)." "Acreage, gross." "Acreage, net." "Addition." "Adjacent." "Adjoining." "Admission charge." "Adult entertainment business." "Advisory agency." "Affordable period." "Agriculture, industrial." "Agriculture, limited." "Agriculture, major." "Agriculture, minor." "Alcoholic beverage sales, off-sale." "Alcoholic beverage sales, on-sale." "Alcoholic beverage manufacturing." "Alley." "Alternative transportation modes." "Ambulance services." "Amendment." "Animals, boarding/kennel (commercial)." "Animals, boarding/kennel (noncommercial)." "Animals, daycares." "Animals, grooming." "Animals, ranches." "Animals, stables." "Animals, veterinary clinic/hospital." "Antenna." "Antenna, amateur radio." "Apartment." "Appeal." "Applicable development project." "Attached building." "Attached unit." "Auditoriums and meeting places." "Automated teller machines (ATMs)." "Automotive, hydrogen-fueling stations." "Automotive, parking lots/structures." "Automotive, parts/supply sales." "Automotive, recharging facilities." "Automotive, rental." "Automotive, repair, (major)." "Automotive, repair, (minor)." "Automotive, sales and leasing." "Automotive, sales and leasing, limited." "Automotive, service stations." "Automotive, towing service." "Automotive, washing and detailing." "Average slope."
"A" words, terms and land uses.
An action taken to reduce, relieve, or suppress another continuing action.
A parcel having a common boundary with another parcel, including parcels that have a common corner.
Two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in contact with each other.
The Place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property, parking space or use as required by this Zoning Code.
A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. An "accessory dwelling unit, junior" may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
Living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from a public street. These uses include gift shops, pharmacies, and food service establishments within hospitals; convenience stores, and food service establishments within hotel, office, and industrial complexes.
A structure that is clearly incidental to and detached from a principal building on the same lot and subordinate to the principal building.
A use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.
Includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (detached patio covers, garages, gazebos, greenhouses, hot tubs, spas, and swimming pools, studios, workshops, and similar structures). Includes home satellite dish antennas of eighteen (18) inches or less in diameter, and other receiving antennas for earth-based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of "wireless telecommunications facilities").
The total land area within the lot lines of a parcel of land before the deduction of areas for public rights-of-way, public parks, public school sites, and any easement(s) constituting a substantial impairment of the fee.
The area within the lot lines of a parcel of land after all deductions are made. Deductions include public rights-of-way, public parks, public school sites, and any easement constituting a substantial impairment of the fee.
Any construction that is attached to an existing structure and that increases the size or capacity of a structure in terms of site coverage, height, length, width, or gross floor area.
Two (2) or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two (2) or more subjects that lie near or close to each other.
Refers to a parcel that shares all or part of a common lot line with another parcel or that is directly across a street, private street or access easement, or right-of-way (other than a freeway or principal arterial) from a parcel.
A tangible benefit, monetary or otherwise, which is expressly or impliedly required as a condition of admittance to a party. Customary courtesies and clearly non-commercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an "admission charge." "Admission charge" shall not include donations for political, community service, charitable or religious purposes.
A place of business as defined in § 20.44.020 of this title.
The City Planning Commission which is herein designated as the advisory agency to the City Council on all matters related to zoning and use of land and structures.
The length of time a dwelling unit is required to remain within the affordable price range as specified by Chapter 20.40 of this title.
Commercial and industrial agriculture uses that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, such as slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses. Such uses must be conducted entirely within a building.
Private, non-commercial greenhouses, horticultural collections, flower gardens, growing of vegetable crops and fruit trees, and other similar activities.
Commercial livestock farms, dairy farms, aviaries, or similar uses as determined by the Community Development Director. This use does not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses.
Cultivation of commercial agricultural products, including, but not limited to, growing of field crops, trees, vegetables, fruits, berries, and nursery stock, and other similar items as determined by the Community Development Director. May include structures that supports such cultivation, such as greenhouses, along with seasonal fruit and vegetable roadside stands if located on the same site upon which said fruit and vegetables are grown.
Commercial establishments that sells alcoholic beverages of all types for off-site consumption. This use can be an accessory use to a different principal use permitted within a zone.
Commercial establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars and restaurants that serve alcoholic beverages. This use can be an accessory use to a different principal use permitted within a zone.
Commercial establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for on-sale or off-sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing.
A narrow service way, either public or private, that provides a permanently reserved but secondary means of public access. Alleys are not intended for general traffic circulation, but for services and delivery access. Alleys typically are located along rear property lines.
Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.
Facilities that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Does not include Helipads.
A change in the wording, context, or substance of this Zoning Code, the General Plan, or specific plans or a change in the zoning district boundaries of the official zoning map. See Chapter 20.74 (Amendments).
Any lot, building, structure, enclosure, premises, or a portion thereof, that provides overnight shelter, care, boarding and training for household pets and other small animals on a commercial basis.
Any lot, building, structure, enclosure, premises, or a portion thereof located within a residential zoning district, that provides general care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, breeding, day care or accommodation of large animals, such as horses, sheep or hogs.
A commercial establishment that provides non-medical temporary boarding of household pets without overnight accommodations (i.e. pet daycares). Such establishments may include accessory instructional training, recreation, grooming and retail services. Overnight stays may be permitted based on emergency circumstances only, not to exceed 48 hours.
A commercial establishment that provides grooming services for household pets. This classification includes cleaning, styling, clipping, and appearance maintenance of pets but not for the preparation of medical procedures.
Any lot or portions of a lot used for grazing by animals of equine, bovine, ovine, or caprine family.
Any lot or portions of a lot with facilities used for commercial riding and/or boarding of horses, mules or ponies.
This use class consists of facilities that provides medical and/or surgical treatment of household pets, but does not include animal breeding, boarding, or keeping animals overnight except for purposes of medical treatment.
Any system of poles, reflecting discs, rods, wires, or similar devices that is external to or attached to the exterior of any structure and that is used for the transmission, reception, or both of electromagnetic waves.
Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission.
Two (2) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a structure containing three (3) or more dwelling units for rent.
A process for the review of decisions rendered by the Director or the Planning Agency.
Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in § 20.08.050.B. of this title.
A building having at least five (5) lineal feet of wall serving as a common wall with the building to which it is attached, or connected thereto by a continuous roof at least eight (8) feet wide.
A single dwelling unit attached to one (1) or more units by common vertical walls.
Indoor facilities for public or private assembly, including auditoriums, exhibition and convention halls, meeting halls and similar assembly uses.
A pedestrian-oriented or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel.
A commercial facility offering equipment for fueling hydrogen vehicles.
Parking lots or parking structures, either publicly or privately owned, used for parking of operative vehicles for customer or public. If such lot or structure is a principal use of the site, it is considered to include any customer or public use off-street parking required by this Title.
Retail stores that sell new motor vehicle parts, tires, and accessories. Does not include any vehicle maintenance or parts installation services or activities.
A commercial facility offering equipment to recharge electric vehicles (EV).
A commercial facility that provides rental of automobiles, including storage and incidental maintenance of rental vehicles, but excluding maintenance requiring pneumatic lifts.
Commercial facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services.
Commercial facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, window tinting, and other similar services, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment.
Facilities that consist of the established place of business operated by a "dealer" for the sale and long-term lease of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the accessory onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. May include ancillary automobile repair.
Indoor showrooms, where vehicles are sold online, and offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering," or otherwise dealing in motor vehicles at either retail or wholesale within an enclosed structure, where any outdoor vehicle storage/display is limited to one vehicle to be used for display and/or test driving. This use does not include any vehicle maintenance or repair work. This use class includes "autobroker" or "auto buying service," as defined in Cal. Veh. Code § 166.
Commercial establishments that sell fuel for motor vehicles, commonly referred to as gasoline stations. Also includes establishments selling alternative fuels, except electric vehicle charging stations and hydrogen-fueling stations. May include ancillary convenience retail and other automobile services.
Commercial establishments providing vehicle towing services. Overnight storage of operational towing vehicles is included, but overnight storage of towed vehicles is not included.
Commercial establishments providing hand-operated, self-service, or mechanical automobile washing services, and may include detailing.
Average percent slope "S" is computed by the formula: S = (0.00229 I L)/A where S = average percent slope, I = contour interval, in feet*, L = summation of length of contours, in feet, and A = area in acres of parcel being considered. *Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten (10) feet and a horizontal map scale of one (1) inch to two hundred (200) feet or larger.
2. "Balance." "Bars and nightclubs." "Basement." "Bedroom." "Beginning of construction." "Berm or berming." "Best management plan (BMP)." "Bioswales." "Block (frontage)." "Boarding houses." "Borrow." "Borrow pit." "Buffer." "Building or parcel coverage." "Building frontage." "Building height." "Building line." "Building, main." "Building site." "Bus shelters."
"B" words, terms and land uses.
The cutting and filling of a site which does not require the export or import of earth material.
Commercial establishments that primarily serve alcoholic beverages to be consumed on-premises, with or without food service, from which minors are excluded by law, and which requires a "public premises" type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide opportunities for music, dancing and other forms of entertainment, including cabarets. Typical land uses include night clubs, bars with entertainment, and bars. Does not include Adult Entertainment Business.
A portion of a structure that is partly or wholly below grade. A basement shall be counted as a story for the purpose of height measurement where more than one-half of its height is above grade.
Any separate room normally used for sleeping purposes, whether designated as a bedroom or as a den, study, library, bonus room, media room, or other similar term, specifically excluding dining room, living room, kitchen, hall, and bathroom.
The incorporation of labor and material within the foundation of the building or buildings.
A mound of earth or series of connected mounds that are artificially graded and created to form a small topographic feature for purposes of aesthetic enhancement, sound attenuation, landscape interest, or any combination thereof.
Any program, technology, process, siting, criteria, operational methods, measures, or engineered systems, which when implemented prevent, control, remove or reduce pollution to the maximum extent practicable.
Open channels possessing a dense cover of grasses and other herbaceous plants through which runoff is directed during storm events. Above ground plant parts (stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated pollutants to settle. The pollutants are then incorporated into the soil where they may be immobilized and/or decomposed.
The properties abutting on one (1) side of a street and lying between the nearest two (2) intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.
A building, or portion thereof, where lodging is provided for persons, with or without meals for monetary or non-monetary compensation, on a commercial basis, for typical stays of more than seven (7) consecutive nights with no cooking facilities in the guest rooms. This use class does not include short-term residential rental use of a property, as specified in Chapter 20.71.
Earth material acquired from an off-site location for the use in grading on a site.
Any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.
Open spaces, landscaped areas, fences, walls, berms, or a combination of these or similar elements, used to physically and visually separate a more intense use from a less intense use in order to mitigate the negative impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.). An appropriate buffer may vary depending on uses, districts, size, etc.
See "site coverage."
That side of a structure containing the main entrance for pedestrian entrance and exit. If more than one (1) main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the structure with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.
The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of air conditioners, chimneys, vents, or other incidental appurtenances.
A line on private property, established by ordinance which regulates the location of buildings and/or structures as they relate to the rights-of-way of alleys, streets, highways, railways and drainage channels.
A building within which is conducted the principal use permitted on the lot, as provided by this title.
The ground area of a building or buildings, together with all open spaces, as required by this title.
Any structure located in the public right-of-way that covers or contains bus benches and is designed primarily for the protection and convenience of bus passengers.
3. "California environmental quality act (CEQA)." "Caretaker housing unit." "Carport." "Catering services." "Cemetery." "City." "City council." "Clubs or lodges." "Commercial vehicle." "Common property." "Communication antenna." "Community care facility, large." "Community care facility, small." "Community facility, public." "Completely enclosed structure." "Computer internet facility." "Conditional use." "Conditional use permit." "Conditional use permit, minor." "Condominiums." "Condominium conversion." "Container." "Contour." "Contour grading." "Convalescent/rest homes." "Convenience stores/mini-markets." "Conventional grading." "Corner cut-off." "Coverage." "Court." "Crib wall." "Custom lot." "Cut." "Cut and fill."
"C" words, terms and land uses.
Cal. Pub. Res. Code §§ 21000 et seq. requires that state, regional, county, and local agencies to conduct environmental review for any discretionary activity proposed to be carried out or approved by those agencies.
A dwelling unit per lot, occupied and used of caretaker/employees for the sole purpose of providing security, maintenance or similar services for an allowable use located on that lot.
An accessory use consisting of an open-sided, roofed structure, whether attached to or detached from a structure, established for the parking of motor vehicles.
An establishment that prepares and delivers food and beverages for off-site consumption. A catering service may contain kitchen facilities and may also provide dining supplies (e.g., beverage dispensers, place settings, and tablecloths).
A place where the remains of dead people are buried or otherwise interred.
The City of Brea, referred to in this Zoning Code as the "city."
The Brea City Council, referred to in this Zoning Code as the "Council."
Headquarters-type meeting facilities and similar places used by an association of people organized for some common, typically non-profit, purpose to pursue common activities, goals, or interests and usually characterized by certain membership qualifications, payment of dues, regular meetings, a constitution, and by-laws.
Any vehicle classified by the State of California as a commercial vehicle in compliance with Cal. Vehicle Code § 260 and vehicles that have a gross vehicle weight of more than twelve thousand (12,000) pounds.
A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit Development.
Any type of apparatus or device that is designed for the purpose of receiving or transmitting radio waves, microwaves, and television signals.
A building or portion thereof, designed or used for a residential care facility, both licensed and/or certified by the State and unlicensed, that provides non-medical care, services, counseling or supervision to seven (7) or more children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.
A building or portion thereof, designed or used for a residential facility, both licensed and/or certified by the State or unlicensed, that provides non-medical care, services, counseling or supervision to six (6) or fewer children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.
Public or quasi-public facilities, including, but not limited to, community meeting and cultural facilities, community centers, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, planetarium, libraries and museums.
A building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrances and exit doors.
Commercial establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Also commonly referred to as PC cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses.
A use or occupancy of a structure, or a use of land, allowed within a zoning district subject to conditions and standards for the location or operation of the use as specified in this Zoning Code and authorized by the Council.
A permit issued by the applicable review authority allowing a use to be carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).
A permit issued by the applicable review authority allowing a minor modification of standards or use carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).
As defined by Cal. Civ. Code § 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.
The development of land and existing structures as a condominium, regardless of the present or prior use of the land or structures, and regardless of whether substantial improvements have been made to the structures.
A bin, used either for nonresidential or private residential purposes, provided by an approved solid waste collector for the accumulation and collection of solid waste, recyclable materials, and green waste from any premises in the city.
A line drawn on a plan which connects all points of equal elevation.
Similar to conventional grading except the slopes are curvilinear (in plan) rather than linear, the gradients are unvarying, and the profiles are planer. Transition zones and slope intersections generally have some rounding applied resulting in pad configurations that are mildly curvilinear. (Please see Illustration 1 in the Appendix following this title.)[1]
This use class consists of facilities providing nursing, dietary and/or other personal services on a twenty-four (24) hour basis for convalescents, invalids and/or aged persons who are unable to care for themselves, requiring regular medical attention (commonly referred to as a "nursing home" or "hospice"). This use does not include providing surgery or primary treatments that are customarily provided in hospitals.
A high-volume retail facility that sells a variety of products for consumption off-premises, including but not limited to food and beverages, household goods, magazines, snacks, and other similar items. May include the incidental sale of food items on site. These stores may be part of a service station or an independent facility.
Grading characterized by essentially linear (in plan), planar slopes surfaces with unvarying gradients and angular-slope intersections resulting in pad configurations that are rectangular and uncommonly found in natural slopes. (Please see Illustration 2 in the Appendix following this title.)[2]
The provision for maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.
See "building or parcel coverage."
An open unoccupied space, other than a yard on the same lot with a building or buildings and bounded on three (3) or more sides by such building and/or buildings.
Soil retention wall system composed of concrete material in a cross-hatch pattern with rectangular openings for plants to grow.
A lot that contains at least ten thousand (10,000) square feet of pad and on which a custom-designed structure will be built.
A portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.
The excavating of earth material in one (1) place and depositing of it as fill in an adjacent place.
[1]
Editor's Note: The Appendix:Illustrations is included as an attachment to this title.
[2]
Editor's Note: The Appendix: Illustrations is included as an attachment to this title.
4. "Dancing and live entertainment." "Day care centers." "Daylight line." "Dedication." "Defensible space." "Density." "Density bonuses." "Department." "Designated historic resources." "Detached unit." "Detention basins." "Developer." "Development agreements." "Development project." "Director." "Domesticated animal." "Drip line." "Drive-through facility." "Driveway." "Drought-tolerant plant materials." "Dwelling." "Dwelling, multi-family." "Dwelling, single-family, attached." "Dwelling, single-family detached." "Dwelling unit."
"D" words, terms, and land uses.
A commercial facility where patrons come to dance to live or recorded music or simply enjoy entertainment performed by live entertainers.
Commercial facilities that provide care and supervision of children less than eighteen (18) years of age for periods of less than twenty-four (24) hours and as defined in § 1596.76 of the Cal. Health and Safety Code and as they may be amended. Such facilities are licensed by the California State Department of Social Services. This use does not include small and large family daycare homes as defined by § 1596.78 of the Cal. Health and Safety Code. This use also includes an establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away.
The line between finished grade and natural terrain drawn by connecting points where proposed contours meet existing contours.
The turning over by an owner or developer of private land for public use, and the acceptance of land for the stated use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by the city.
The area between a structure and a potential oncoming wildfire where the vegetation has been modified to reduce the wildfire threat and which provides an opportunity to effectively defend the structure. This is also known as "survivable space."
The total number of permanent residential dwelling units for each acre of land, exclusive of all existing public streets and rights-of-way.
As defined by Cal. Gov't Code §§ 65915 et seq., an increased residential density over the maximum authorized density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of affordable housing units.
The City of Brea Department of Community Development, referred to in this Zoning Code as the "Department."
Resources within the city limits that have special historic, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, region, state, or nation and that have been nominated and designated pursuant to Chapter 20.60 of this title, or listed in the California State Historic Landmarks, or in the National Register of Historic Places.
A dwelling that is not connected or any way attached to any other dwelling unit.
A basin for the temporary storage of stormwater in a best management practice, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.
A person, firm, corporation, partnership, or association who proposed to develop or subdivide real property for oneself or others.
An agreement duly entered into in compliance with state law (Cal. Gov't Code § 65864 et seq.).
A project in which one or more lots or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures including, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses.
The Community Development Director. Where this staff title is no longer used by the city, the staff position most closely associated with this position, as determined by the City Manager, shall be the designated authority.
Any animal customarily kept by humans as household pets (e.g., dogs, cats, birds, rabbits, hamsters, mice, turtles, etc.). Does not include farm animal or wild animal.
Area around the tree trunk that generally includes the spread of the tree branches. It also may refer to that area around a structure that is beneath the roof overhang.
A facility that are designed or operated to serve a patron who is seated in an automobile or similar vehicle. This use class is intended to be applied in conjunction with another use class that defines the service or goods being provided.
A private roadway or access way providing direct vehicular access to an approved garage, parking lot, or parking space. A driveway shall not count as open space.
Those plants that tolerate heavy clay to sandy soil with the use of limited supplemental water. These plants are able to thrive with deep, infrequent watering once their root systems are established (three (3) to twelve (12) month average time period). These plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in the city.
A building or portion thereof designed and used exclusively for residential occupancy including one (1) family, two (2) family, and multiple dwellings, but not including hotels, boarding and rooming houses.
A structure, or portion of a structure, providing occupancy for two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities, including, but not limited to, apartments and condominiums. May include other accessory facilities within the development, such as a leasing office, recreation amenities, etc.
A group of attached single-family dwelling units in a row of at least two (2) units, in which each unit has its own front and rear access to the outside, no unit is located on top of another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. Also commonly referred to as townhouses, row houses. The shared wall or walls extend from the foundation to the roof with adjoining dwelling units to form a property. Each dwelling unit typically has individual utility systems (e.g. plumbing, heating/cooling, etc.).
A stand-alone structure containing no more than one (1) dwelling unit, with open space on all four sides . A single-family dwelling unit contains only one (1) kitchen.
A mobile home or structure or portion thereof, including a manufactured home or portion thereof, which contains eating and sleeping areas, sanitation as required by the Municipal Code, and one (1) kitchen area, and which is designed or used for the shelter or housing of one (1) or more persons.
5. "Earthwork." "Edge." "Educational institutions, general." "Effective bulk." "Educational institution, trade." "Educational institution, tutoring." "Electronic, radio, stereo, television, and/or video equipment sales." "Elevation." "Emergency shelter." "Employee." "Employee housing." "Employer." "Employment generation factors." "Entertainment venue." "Erosion." "Excavation." "Export."
"E" words, terms and land uses.
Excavation and embankment of earth.
The perimeter areas of a development plan.
Public and private educational facilities for primary, secondary, or adult education, including kindergarten, elementary, junior high/middle, high schools, and colleges/universities, operated by a private entity, but excluding those classified as Educational Institutions, Trade.
The effective visual bulk of a structure when seen from a distance or from above or below.
Business, secretarial, and vocational schools operated by a private entity, offering specialized courses to adult students in trade, business, technical, and other similar subjects. Includes specialized non-degree granting schools.
This use class consists of primary or secondary education tutoring facilities with maximum teacher to student ratio of 10:1 at any given time to receive supplemental instruction of academic courses. No classrooms or large group sessions are included as part of these facilities.
See "retail store, general merchandise."
Vertical distance in feet above sea level.
A facility that provides immediate and short-term housing and may offer supplemental services to homeless persons or families on a first-come first-serve basis where people must vacate the facility each morning and have no guaranteed bed for the next night. Supplemental services may include counseling, food, and access to social programs.
Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency, or other entity.
A housing accommodation that meets the definition of a "employee housing" in the Cal. Health and Safety Code § 17008 and as they may be amended, that provides housing accommodation to six (6) or fewer persons.
Any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity, and may either be a property owner or tenant of an applicable development project.
Refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed new development project.
Indoor facilities that provide group entertainment as a primary business, other than sporting events, including movie and live-performance theaters, comedy clubs, concert halls, studios with live audiences not classified as adult entertainment business and other similar uses.
The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation.
The removal of earth material, including soil and rocks.
Excess earth material that is removed from a grading project and deposited off-site.
6. "Face of curb." "Facility(ies)." "Family." "Family daycare homes." "Fraternity/sorority house." "Fences." "Fill." "Financial institutions." "Finish grade." "Floor area, gross." "Floor area ratio (FAR)." "Fuel modification zone (FMZ)."
"F" words, terms and land uses.
The location at which the pavement section of a street ends and curb begins.
The total of all buildings, structures, and grounds that encompass a worksite, at either single or multiple locations, that comprises or is associated with an applicable development project.
One (1) or more persons living together as a single housekeeping unit in a dwelling unit, or any residential care facility or group home, shall be permitted as allowed under state and federal law. See "single housekeeping unit."
Facilities that regularly provide care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and are either a large family daycare home or a small family daycare home, as defined by Cal. Health and Safety Code § 1596.78. This use does not include daycare centers, as defined by Cal. Health and Safety Code § 1596.76.
A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members and their guests or visitors and affiliated with a college or university.
A solid or open barrier other than a wall above ground intended to enclose or mark a boundary, usually made of posts and wire or wood.
The depositing of soil, rock or other materials by other than natural means.
Commercial establishments that provide retail financial services to individuals and businesses, including, but not limited to, banks, savings and loan, credit unions, and other similar uses.
The final elevation of the ground surface after development, which is in conformance with the approved plans.
See "gross floor area."
The total gross area of all structures on a parcel divided by the parcel area (FAR). For the purpose of calculating floor area, floor area shall:
A fuel modification zone is a wide strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with drought-tolerant, fire-resistive plants to provide an acceptable level of risk from wildland fires.
7. "Garage." "Garage, private." "Garages, public." "Garden centers and nursery." "General plan." "Geogrids." "Golf course." "Government facility." "Governor's appeal board." "Grade." "Grading." "Gross acreage." "Gross floor area." "Guest house." "Guest room."
"G" words, terms and land uses.
Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.
Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.
A structure other than a private garage where vehicles are parked or stored for hire or remuneration.
Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses other similar items. A use that is conducted entirely within an enclosed building is considered as "retail sales, general."
The General Plan of the City of Brea adopted in compliance with Cal. Gov't Code §§ 65301 et seq. and adopted by the Council.
Net-shaped, synthetic, polymer-coated fibers that are used to reinforce earth-fill slope, wall, and base layer construction. Incorporated in the base layers of paved or finished surfaces, or in surface layers of walls and slopes, they provide a stabilizing force within the soil structure itself.
A site that consists of golf courses and related uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users and guests. A stand-alone miniature golf and golf ranges are not included.
Facilities owned or operated by a governmental entity (e.g., city, county, state, or federal government), including, but not limited to, administrative, clerical, direct service-related, or public contact offices, together with storage and maintenance of government vehicles. This classification includes post offices.
A board formed to review the appeal by an applicant, of an off-site hazardous waste facility land use decision disapproved by the city or one (1) or more conditions of approval placed on an approved off-site hazardous waste facility, or an appeal by an interested person, based solely on the ground that the conditions imposed do not adequately protect the public health, safety, or welfare.
The average level of the finished ground surfaces surrounding a structure.
To bring an existing surface to a designed form by excavating, filling, or landforming operations.
See "acreage, gross."
The area included within the surrounding exterior finish wall surface of a structure or portion thereof, exclusive of courtyards.
This term shall mean "accessory living quarters." Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
A single room with or without bath and without kitchen or cooking facilities, of permanent type construction, and attached to the main dwelling or an accessory building, which room is intended and used primarily for temporary guests of the occupants of the main building on the building site on which such guest room is located, and not rented or otherwise used as a separate dwelling.
8. "Hardscape." "Hazardous waste."(1) (2) "Hazardous waste facility, off-site."(1) (2) (3) (4) (5) (6) "Health/fitness centers." "Health and safety assessment." "Helipad and heliport." "Hillside area." "Historic resource." "Home occupations." "Horizontal and vertical building envelopes." "Hotels." "Household." "Household pet." "Hydrozones."
"H" words, terms and land uses.
Decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Zoning Code. "Hardscape" elements include, but are not necessarily limited to, natural features (e.g., rock and stone) and structural features (e.g., art works, benches, fences, fountains, reflecting pools, screens, swimming pools, and walls) and crushed granite.
A waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or inflammability, or physical, chemical, or infectious characteristics may:
Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.
Any structures, other appurtenances and improvements on the land that is being used for treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste that is or operated under a permit, or under an interim status pursuant to the Cal. Health & Safety Code. Such facility may include, but not limited to, the following:
Incineration facility (i.e., rotary kiln, fluid bed, etc.);
Residual repository (receives only residuals from hazardous waste treatment facilities);
Stabilization/solidification facilities;
Chemical oxidation facilities;
Neutralization/precipitation facilities; or
Transfer/storage facilities.
Fitness facilities, gymnasiums, health and athletic clubs, which may include accessory sauna, swimming pool, spa, or hot tub facilities; handball, indoor tennis, racquetball, and other indoor sports activities.
A technical and environmental evaluation of a proposed hazardous waste facility, site, and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes, and potential water or air pollution. It is not intended that the Health and Safety Assessment duplicate information developed for an environmental impact report or risk assessments required under local, state, and federal regulations.
This use class consists of facilities for a landing and takeoff place for helicopters used for private, commercial or medical purposes. Maintenance, servicing, refueling, parking or storage of helicopters is permitted only at heliports.
Any property containing slope areas of ten percent (10%) or greater.
Any improvement listed in the Brea Historic Resources Register, as established in § 20.60.040.
A clearly accessory commercial activity or business service conducted in a residential dwelling unit, only by residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.
The maximum width and height of a structure based on minimum setback requirements and maximum building height limitations for the zone within which the project is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for subdivision review.
A building, or group of buildings, with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging. Such rooms or suites are not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s). Guest units are typically reached from a common entrance, but may also be reached directly from the outside of the building. This use includes incidental services that are customarily provided by a hotel, for the convenience of hotel guests (e.g., food service, recreational facilities, and retail services), public banquet, meeting, and reception rooms, and accessory guest facilities (e.g., elevators, indoor athletic facilities, swimming pools, and tennis courts).
One (1) or more persons occupying a dwelling.
Any domesticated animal normally kept as a pet.
Areas in an irrigation system that necessitate specific watering requirements due to plant material type.
9. "Immobile populations." "Impact area." "Impervious." "Improvement." "Industrial, limited." "Industrial, major." "Industrial, minor." "Industrial, outdoor operation." "Industrial, outdoor storage yards." "Institutional uses." "Interested persons." "Intermediate slopes." "Invasive species."
"I" words, terms and land uses.
Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, or other similar facilities.
Area(s) where natural ground surface is impacted or disturbed by grading activities.
Land surfaces which do not allow, or minimally allow, the penetration of water.
Any construction, building, landscaping, or paving activity which materially adds to the value of a facility, substantially extends its useful life, or adapts it to new uses. Repairs performed for the purpose of maintaining a facility in good operating condition but which do not materially add to the value of a facility or substantially extend its useful life are not considered improvements.
Facilities that consists of manufacturing, assembling, treating, packaging and wholesaling of goods that are parts from previously prepared materials or finished products. All operations shall be conducted entirely within an enclosed building. This use Includes incidental warehousing of such products but excludes warehousing/storage as a primary use, basic industrial processing and custom manufacturing.
This use class consists of moderate to heavy manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods predominantly from raw materials. All operations shall be conducted entirely within an enclosed building. This classification includes uses that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. This use classification includes product distribution centers that are larger than 200,000 square feet.
Facilities that consists of the manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods from fabricated items or raw materials which are lower in intensity, clean and are generally more compatible when located adjacent to commercial areas. All operations are conducted entirely within an enclosed building. This classification does not include, uses that generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. Typical uses include the manufacture of clothing, furniture, electronic equipment, novelty items, and toys; cleaning plants; machine shops; powder coating; food processing; and product distribution centers that are 200,000 square feet or smaller.
Industrial facilities where their operations are predominantly conducted outdoors. This use does not include accessory outdoor storage incidental to a principal industrial use within an enclosed building.
Facilities that consists of outdoor storage of trucks, equipment, and construction or maintenance materials as principal use. This use class also consists of facilities for outdoor storage of oversized and recreational vehicles. Minor and incidental repairs of the stored items, loading facilities and management offices are also included, but retail sale of the items is excluded. Typical uses include contractors' storage yards and vehicle storage yards. This use does not include accessory outdoor storage incidental to a primary enclosed industrial use.
An organizational use of a public character including charitable, cultural, educational, government, medical, non-profit, religious, scientific research, social, and sometimes recreational or entertainment uses.
A person who participates in one (1) or more public meetings or hearings held to consider an application for a conditional use permit or any land use decision for a project. Participation includes, but is not limited to, attendance, submission of questions, or giving oral and written testimony at a meeting or hearing.
Two to one (2:1) slopes less than ten (10) vertical feet in height used chiefly for utilitarian purposes and are not readily visible such as side slopes and buried water tanks.
Non-native species whose introduction does or is likely to cause economic or environmental harm or harm to human health and which tend to disrupt natural ecosystems by displacing native species.
10. "Jurisdictional wetlands."
"J" words, terms and land uses.
Wetlands that fall under the authority of the U.S. Army Corps of Engineers under § 404 of the U.S. Water Act.
11. "Kitchen." "Knoll."
"K" words, terms and land uses.
Any room, all or part of which is designed and/or used for cooking, refrigeration, storage, and the preparation of food and which contains any combination of facilities of sufficient size for the preparation of meals:
A small natural round hill or mound.
12. "Land use decision." "Landform grading." "Landform planting." "Landscape area." "Landscaping." "Landscaping screen." "Level of service (LOS)." "Liquor stores." "Live/work unit." "Loaded street." "Loading space." "Local assessment committee (LAC)." "Loffelstein walls." "Lot." "Lot, corner." "Lot, depth." "Lot, double frontage." "Lot, frontage." "Lot, interior." "Lot, key." "Lot, reversed corner." "Lot, through." "Lot, width." "Lot area." "Lot line or property line."a. b. c. "Low water flow irrigation."
"L" words, terms and land uses.
A discretionary decision by the city concerning a project, including, but not limited to, the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, and the modification of existing property lines.
Characterized by a variety of shapes including convex and concave forms that mimic stable natural slopes. They are non-linear in plan view, have varying slope gradients, and significant transition zones between human-made and natural slopes resulting in pad configurations that are irregular. (Please see Illustration 3 in the Appendix following this title.)[3]
A landscaping concept which replicates natural landscape patterns found in hillside conditions including irregular visual planes when viewed in cross section, propensity for plant groupings in valleys as opposed to ridges, etc.
Part of the property exclusively set aside for, devoted to, or developed and maintained predominantly with living plant materials as defined under the term "landscaping." "Landscape area" may also include associated non-living ornamental materials including, but not limited to, mulch, fencing, walls or decorative rock, and paved or decorated surfaces, which are suitably designed, selected, installed and maintained as part of the overall landscape design. Landscape Area does not include elements such as driveways, walkways and hardscape area that is not part of the overall landscape design.
Living plant materials including native or exotic plant materials including lawn, ground cover, trees, shrubs, and other plant materials. Landscaping may also include synthetic turf and small amounts of accessory decorative outdoor landscape elements (e.g., fountains, decorative rock), all of which are suitably designed, selected, installed, and maintained as part of the overall landscape design to enhance a site.
The planting and continued maintenance of a compact screen of evergreen shrubbery forming a physical barrier or enclosure not less than six (6) feet in height, composed of materials selected from the city's list of acceptable screen landscaping plant materials. Minimum size of materials planted shall be as specified on the city list. An adequate irrigation system is required.
A measure of the operational quality of a road or intersection ranging from LOS A (best) to LOS F (worst).
A retail store that is primarily devoted to the selling of alcoholic beverages for consumption off the premises.
A dwelling unit that is integrated with working space occupied and utilized by a single housekeeping unit in a structure that has been modified and/or designed to accommodate joint residential occupancy and work activity. Such unit includes complete kitchen and sanitary facilities in compliance with applicable building standards and working space reserved for and regularly used by one or more occupants of the unit. In a Live/Work Unit, areas devoted to residential living does not exceed 50 percent of the total floor area of the unit.
A street from which a private driveway or driveways takes direct access.
An off-street space or berth that is on the same parcel as the structure(s) it services; abuts a street, alley, or other appropriate means of access; and is used for the temporary parking of a commercial vehicle that is being loaded or unloaded with merchandise, materials, or people.
A state-required committee of locally appointed representatives, designed to negotiate with the proponents of a proposed hazardous waste facility. The membership, duties, and mission of the Committee are defined by the California Health and Safety Code.
Retaining wall system based on pre-cast concrete units that stack and interlock by friction to create a gravity style retaining wall.
A parcel of land, as shown on a subdivision map or Assessor's Parcel Map, occupied or intended for occupancy by one (1) main building, together with any accessory buildings including the open spaces required of the hillside regulations and having adequate frontage on a public or private street.
A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135°).
The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
A lot having frontage on two (2) streets.
That dimension of a lot or portion of a lot abutting on a street except the side dimension of a corner lot.
A lot other than a corner or reversed corner lot.
The first lot to the rear of a reversed corner lot whether or not separated by an alley.
A corner lot, the side line of which is substantially a continuation of the front lot lines of the lots to its rear; whether across an alley or not.
A lot having a frontage on two (2) parallel or approximately parallel dedicated streets, not including a corner or reversed corner lot.
The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
The computed area contained within the lot lines. If there is a recorded subdivision or parcel map, "lot lines" as defined herein shall be located as shown thereon.
Any recorded boundary of a parcel. Types of lot lines are as follows.
"Front lot line."
The line separating the narrowest street frontage of the parcel from the street right-of-way, except in those cases where the subdivision or parcel map specifies another line as the front lot line. On through lots or corner lots, the Director shall determine which property line is the front lot line.
"Interior or side lot line."
Any lot line other than the front or rear lot lines.
"Rear lot line."
The lot line opposite and most distant from the front lot line; or in the case of an irregularly shaped parcel, a straight line not less than ten (10) feet long entirely within the parcel and most nearly parallel to, and at the maximum distance from, the front lot line.
A system of watering plant material using drip/trickle, reduced water emitting devices, low precipitation heads, soaker lines, or other similar mechanisms that restricts the amount of water in gallons per minute to allow for deep percolation into the soil. The low water flow irrigation system, combined with watering practices outlined in this Zoning Code, will reduce water loss through evaporation, wind drift, and overwatering.
[3]
Editor's Note: The Appendix: Illustrations is included as an attachment to this title.
13. "Major alteration to historic structure(s)." "Manufactured slope." "Markets, large." "Mass grading." "Massage." "Massage establishment." "Massage therapy." "Medical services, clinics/offices." "Medical services, equipments/laboratories." "Medical services, hospitals." "Minimal grading." "Minor alteration to historic structure(s)." "Mixed-use developments." "Mobile home." "Mobile home parks." "Moratorium." "Mortuary." "Motels." "Motor vehicles." "Mulch." "Multi-tenant." "Municipal code."
"M" words, terms and land uses.
Any change or modification to the character-defining, significant physical feature, or visual quality of historic properties as established in § 20.60.040 of this title, such as changes to the exterior of historic structure(s) or changes to architectural details or visual characteristics of the historic structure(s), the cost of which is more than twenty-five percent (25%) of the building valuation prior to alteration as determined by the City Building and Safety Manager.
Human-made slope created by grading that consists wholly of cut or filled material.
This use consists of retail establishments that satisfy all of the following criteria: (1) are commonly known as supermarkets and grocery stores; (2) sell general food items such as fresh produce, perishable goods, meats, seafood, packaged food products and beverages, and general household goods, primarily for off-site preparation and consumption; and (3) are larger than ten thousand (10,000) square feet in size. This use class also includes large drug stores that combine services such as a pharmacy along with the retail sale of a variety of items such as packaged food, drinks, refrigerated food and beverages and other similar retail goods. This use class may include accessory banking, bakery, sales of prepared food and beverages for on-site consumption, and pharmacies.
The movement of large quantities of earth over large areas. Disruption of the majority of the on-site surface terrain is common and often results in a successive pad/terrace configuration. Modification or elimination of natural landforms may result.
Any method of treating the external parts of the human body for remedial, health, or hygienic purposes by means of pressure on or friction against; or stroking, kneading, rubbing, tapping, pounding; or stimulating the external parts of the human body, with or without the aid of any mechanical or electrical apparatus or appliances; or with or without supplementary aids, such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, or other similar preparations.
Therapeutic (non-sexual) rubbing or kneading of parts of non-specified anatomical areas of the body to aid circulation or to relax muscles, provided by a licensed professional.
Facilities primarily engaged in furnishing outpatient medical, mental health, surgical, and other personal health services by licensed medical practitioners. These include: medical, dental, optical, acupuncture, urgent cares and out-patient care facilities. Counseling services by other than medical doctors or psychiatrists are included under "offices, administrative and professional."
Facilities primarily engaged in furnishing medical and dental laboratory services.
An institution, designed within an integrated campus setting for the diagnosis, care, and treatment of human illness, including surgery and primary treatment.
Grading that is limited to the individual flat pad areas for residential building sites, with minimal cut and fill. Grading shall be limited to only the required building area and adjoining infrastructure.
Any change or modification to the character-defining, significant physical feature, or visual quality of historic properties as established in § 20.60.040 of this title, such as changes to the exterior of the historic structure(s) or changes to architectural details or visual characteristics of the historic structure(s), the cost of which does not exceed twenty-five percent (25%) of building valuation prior to alteration as determined by the City Building and Safety Manager.
A project that combines both commercial (e.g., retail, office, etc.) and residential uses, where the residential component is generally located either above or behind the commercial portion of the development.
A structure transportable in one (1) or more sections, designed and equipped to contain not more than two (2) dwelling units to be used with or without a foundation system. "Mobile home" does not include a recreational vehicle, commercial coach, or factory-built housing.
A site that is planned and improved to accommodate two (2) or more mobile homes or manufactured homes used for residential purposes, or a site that is planned and improved to accommodate two (2) or more spaces/lots for mobile homes or manufactured homes, in which each space/lot accommodates a mobile home or manufactured home for residential purposes.
A temporary halting or severe restriction on specified development activities.
A commercial establishment that provide services involving the care and preparation of deceased human bodies, other than in a cemetery. This classification does not include the on-site interment of the dead or their remains.
A building, or group of buildings, with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging. Such rooms or suites are not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/manager residential unit(s). Guest units are reached directly from the outside of the building. This use may also include accessory guest facilities (including accessory retail uses, elevators, indoor athletic facilities, swimming pools, and tennis courts).
A vehicle bearing a current license plate used primarily for transporting people on streets and highways. Does not include recreational vehicles or other equipment or vehicles used primarily for purposes other than transporting people on streets and highways.
Shredded or chipped wood from tree branches, tree trunks, uncontaminated wood products, or lumber. This material is often mixed with leaves and grass clippings for optimal effect.
More than one (1) tenant occupying a site or structure where each tenant is operating under a separate lease agreement with the property owner.
The City of Brea Municipal Code and all amendments.
14. "Native plants." "Natural slope." "Natural vegetation." "Net acreage." "Nonconforming building." "Nonconforming lot." "Nonconforming parcel." "Nonconforming structure." "Nonconforming use." "Noxious weeds."
"N" words, terms and land uses.
Plant species occurring naturally and native to a given ecosystem or plant community.
A slope that is not man-made. A "natural slope" may retain the natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. A "natural slope" is a slope that has not been graded nor the surface manufactured in any manner other than by natural forces.
Plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.
See "acreage, net."
A building or structure or portion thereof which was designed, and erected or structurally altered prior to the effective date of these regulations or any subsequent amendments thereto, for a use which does not conform to the use regulations of the district in which it is located but which was a legally permitted use at the time of initial construction.
A legal parcel of land having less area, frontage, or dimensions than required in the zone in which it is located.
Any subdivision of land that was lawfully established and in compliance with all applicable ordinances and laws at the time the parcel was subdivided, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which the property is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).
Any structure or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time it was erected, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which it is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).
A use or activity that was lawfully established and in compliance with all applicable ordinances and laws at the time it was undertaken, but which, due to a subsequently enacted ordinance or law, no longer complies with all the applicable regulations and standards of the zoning district in which the use is located. See Chapter 20.72 (Nonconforming Uses, Structures, and Parcels).
Plant species designated as such by the Secretary of Agriculture, Secretary of the Interior, or by state law or regulation. Generally, "noxious weeds" will possess one (1) or more of the characteristics of being aggressive and difficult to manage, parasitic, a carrier or host of serious insects or disease. Other characteristics of "noxious weeds" are plants that are non-native, or new, to or not common to the United States or parts thereof. "Noxious weed" species have extensive and costly impacts on human health, safety, commerce, recreation, and general well-being. "Noxious weeds" can adversely affect food production, wilderness values, wildlife habitat, visual quality, forage production, reforestation, recreational opportunities, natural wildfire regimes, and land values.
15. "Occupancy, change of." "Offices, professional." "Oil and hydrocarbon operations." "Open space." "Open space, common." "Open space, improved." "Open space, private." "Outdoor living space." "Overlay zoning district, or overlay zone." "Owner/developer/builder."
"O" words, terms and land uses.
A discontinuance of an existing use and the substitution therefor of a use of a different kind or class.
Offices of businesses providing professional services that require periodic contacts with clients and may experience some walk-ins from the general public. Typical uses include, but not limited to, insurance agencies, real estate offices, law offices, architectural firms, consulting firms. This use class also includes offices that do not generally cater to the general public, such as corporate headquarters.
An operation that consists of drilling for, removal of, and storage of, oil and hydrocarbons.
The area of a lot which is not occupied by building coverage, parking lot or driveway.
An outdoor area (does not include driveways/storage areas/walkways) within a development project that is not individually owned or dedicated for public use, but is designed and intended for the common use or enjoyment of all residents/tenants of the development project.
Open space that is developed for active recreational use with improvements such as, but not limited to, sports fields or turf area, sports courts, concrete or other decking area, playgrounds, and enclosed recreation buildings, all either for general public use or as common open space for a development project.
An outdoor area (does not include driveways/storage areas/walkways) within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site.
An area on the lot that is kept free and clear of all buildings and is intended for outdoor activities.
A supplementary zoning designation that is applied to property in addition to a primary or base zoning district to highlight special regulations applicable to properties within the overlay district.
An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
16. "Pad." "Pad edge." "Parcel."(1) (2) (a) (b) (c) (d) (e) (f) (g) "Parcel, substandard." "Parcel area." "Parcel coverage." "Parcel depth." "Parcel frontage." "Parcel map." "Parcel width." "Parking space." "Parking space, covered." "Parking space, garage." "Parking space, off-street." "Parking space, on-street." "Parking space, open." "Parks, public." "Party." "Peak period." "Permit." "Permitted use." "Personal services, general." "Personal services, limited." "Pharmacies and drug stores." "Plan review." "Planned residential unit developments." "Planning commission." "Plant palette." "Playland." "Porte cochere." "Potential historic resource." "Preservation." "Principal building/structure." "Principal use." "Privacy wall." "Private garage/yard sales." "Project." "Prominent ridge." "Property owner." "Puddling."
"P" words, terms and land uses.
The flat buildable area of a lot that does not exceed two percent (2%) crossfall in any direction and does not include any slopes on which a building will be sited.
That component of a graded pad area defined by either the toe or top of a slope, whether artificially created or existing as a natural slope.
Types of parcels include the following.
"Corner parcel."
A lot or parcel of land abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of not more than one hundred thirty-five (135) degrees. If the intersection angle is more than one hundred thirty-five (135) degrees, the parcel is considered an interior parcel.
"Cul-de-sac parcel."
A parcel located at any position on the circular portion of a cul-de-sac street, which is a street with a single common ingress and egress and with a vehicular turnaround.
"Flag parcel."
A parcel having access from the building site to a public street by means of a narrow private right-of-way strip that is owned in fee.
"Interior parcel."
A parcel other than a corner parcel or a reverse corner parcel. Also a parcel abutting only one street.
"Key parcel."
An interior parcel, the front of which adjoins the side property line of a corner parcel.
"Reverse corner parcel."
A corner parcel in which the rear lot line abuts the side lot line of the nearest parcel to its rear.
"Through parcel."
A parcel that fronts upon two (2) streets that do not intersect at the boundaries of the parcel.
Any parcel that does not meet the minimum dimensions required by the Municipal Code.
See "acreage, gross" and "acreage, net."
See "site coverage."
The average distance between the front and rear lot lines measured in the mean direction of the side lot lines.
The length of the defined front lot line measured at the street right-of-way line.
The subdivision map described by the Subdivision Map Act, Article 3, Chapter 2, which is required to complete a subdivision of four or fewer parcels. See also Chapters 18.04 et seq. (Subdivisions) of the Municipal Code.
The average linear distance between the side lot lines measured at right angles to the line measuring parcel depth. The width should be measured at a point midway between the front and rear lot lines.
A permanent area for the parking of one (1) motor vehicle designed to meet the minimum dimensions and access requirements established by the city.
A parking space located within a carport, parking structure, or similar structure that provides protection from the elements in the form of a roof but that does not provide full enclosure or a closing and locking door.
A parking space provided within an enclosed structure, with a closing and locking door, whose primary use is the storage of motor vehicles.
A permanent parking space designed to city standards and not located on a dedicated street right-of-way.
A parking space designed to city standards and located on a dedicated street right-of-way.
A parking space, designed to city standards and located in a designated area , that does not provide any protection from the elements in the form of a carport, parking structure, garage, or other structure.
Parks owned and operated by a government agency, which may include facilities such as play lots, playgrounds, and non-professional/non-commercial athletic fields, including park and playground equipment, accessory structures, and facilities.
Twelve (12) or more persons meeting together for social, recreational or amusement purposes.
Those hours of the business day between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday, which is the priority period for reducing work-related vehicle trips.
A ministerial or discretionary permit, license, certificate, or other use entitlement of the city or other permits required by enforcement agencies that may be affected by a particular project, i.e., South Coast Air Quality Management District, Regional Water Quality Control Board, the State of California Office of Permit Assistance.
Any use of land identified by Division 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being allowed in a particular zoning district and subject to the restrictions applicable to that zoning district.
Commercial establishments providing non-medical services as a primary use and may include incidental sales of products of personal nature. Typical uses include, but not limited to, beauty salons, barber shops, nail salons, dry cleaners, laundromats, tailor shops, spas, permanent makeup, tanning salons, photocopying, and other similar uses.
Establishments providing non-medical services of a very limited and restricted nature as a primary use. Typical uses include, but are not limited to, body piercing/tattoo parlors, check cashing, and fortune telling.
A retail store where the primary business is the filling of medical prescriptions by a licensed pharmacist. Also includes the sale of over-the-counter medicines, medical devices, and supplies (e.g., candy, cards, cosmetics, and other miscellaneous products).
The procedure by which responsible city departments review development proposals for conformity with applicable provisions of the city code, and all requirements of law.
A residential development with two (2) or more dwelling units, together with related land and structures, planned and developed as a whole single development operation or a programmed series of operations in compliance with detailed, comprehensive plans encompassing a circulation pattern and parking facilities, open space, recreational areas, utilities, and building sites, together with a program for provisions, operation, and maintenance of all areas, facilities, improvements, and services provided for common use of the residents within the development.
The Brea Planning Commission, referred to in this Zoning Code as the "Commission."
A list of plants or vegetation that is recommended to be planted in the Hillside Residential Zone.
A designated area associated with and incidental to a fast-food, drive-through, or sit-down restaurant that contains climbing bars, slides, swings, or other similar structures for the primary purpose of providing entertainment to children under the care of on-premise customers.
An accessory structure open on three (3) sides and attached to the side or front of a dwelling through which cars pass and is established for the convenient loading and unloading of passengers from an automobile.
An improvement, building, structure, feature, site, or other object of aesthetic, educational, cultural, architectural, or historic significance to Brea residents, the Southern California Region, the state, or nation which may have the potential for designation in the Brea Historic Resources Register, a State Historic Landmark, and/or National Register of Historic Places.
The identification, study, protection, restoration, rehabilitation, or if practicable, acquisition of historic resources.
The primary or predominant structure on a parcel.
The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur. A site may have more than one primary use.
Any wall other than a retaining wall that serves to separate private property from public or common areas.
The offering for sale, or the actual sale of goods, merchandise, or wares from residential property where the public is invited on to the property to purchase the items. A garage sale may also include "estate," "moving," "rummage," "yard," or similarly described sales.
An activity involving the issuance to a person of a certificate, license, permit, or other entitlement.
A ridge location which is visible from a major arterial, secondary or collector street, which is seen as a distinct edge against a backdrop of land. Said ridge locations are designated on the City Map of Prominent Ridges, contained in Exhibit "A" of Ordinance 948.
The legal owner of the applicable development project who serves as the lessor to an employer or tenant. The property owner shall be responsible for complying with the provisions of § 20.08.050 of this title either directly or by delegating such responsibility as appropriate to an employer or tenant.
The formation of small pools of water or any other liquid due to depressions on the surface that have no outlet.
17. "Quasi-public."
"Q" words, terms and land uses.
See "semi-public."
18. "Re-created ridgeline." "Reception hall." "Reception window." "Recreation, indoor." "Recreation, open space." "Recreation, outdoor." "Recreational vehicle." "Recycling facility, consumer." "Recycling facility, processing." "Registered historical site." "Religious assembly." "Repair service, major." "Repair service, minor." "Research and development." "Residential recreational facilities, private." "Residuals repository." "Restaurant."(1) (2) (3) (4) (5) "Retail sale, general." "Retail sales, outdoor." "Retail sales, warehouse stores." "Retaining wall." "Reverse vending machine." "Review authority." "Ridge." "Right-of-way." "Rock outcropping." "Running of animals at large."
"R" words, terms and land uses.
In cases when a ridgeline, due to past activities, has been eliminated, a "re-created ridgeline" is the replacement of the eliminated ridgeline through landform grading and berming practices.
A commercial establishment primarily used to host private events, including banquets, weddings, and similar gatherings and events not open to the general public, and where food and drink service may be provided with or without seated tables. Live entertainment and dancing are permitted in reception halls, provided they are not the primary purpose of the event. Sale and consumption of alcohol are allowed at reception halls with prior approval of a conditional use permit and subject to all requirements of state law.
The area within the direct line of connection between the device that transmits radio waves (such as orbiting satellites and radio towers) and the apparatus designed to receive the transmitting signals.
Commercial establishments that provide recreation/amusement services in a fully enclosed structure for a fee or admission charge. Typical uses include bowling alleys, billiard/pool halls, family fun centers, trampoline centers, arcades, escape rooms, ice/roller skating and other similar uses.
Any parcel or area of land or water reserved as open space and/or used for passive, low-impact recreation only. Typical uses include walking trails, bike paths, natural parks, interpretive facilities, and viewing area.
Commercial establishments that provide outdoor recreation/amusement services for a fee or admission charge. Typical uses include miniature golf, golf ranges, go-kart racing, swimming pools, water parks, drive-in theaters and any other similar uses.
A motorized vehicular portable structure without a permanent foundation that can be towed, hauled, or driven; that is primarily designed as a temporary living accommodation for recreational, camping, and travel use; and that may include, but is not limited to, boats, camping trailers, travel trailers, truck campers, and self-propelled motor homes.
A facility that collects, sorts, and processes recyclable materials through usage of "reverse vending machine."
A facility used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end user's specifications, by such means as sorting, baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.
A site or area, including structures, objects, and landmarks, that is either listed on the National Register of Historic Places, the State Historic Landmarks, the County Historic Register, or the local historic register.
Facilities operated by religious organizations for worship, or the promotion of religious activities, including churches, mosques, synagogues, temples, etc., and religious schools; and accessory uses (e.g., convent, monastery, nursery, and parsonage) on the same site, including living quarters for ministers and staff, and child day care facilities where authorized by the same type of land use permit required for the religious facility itself. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other potentially related operations (e.g., a recreational camp) are classified according to their respective land use activities.
Service establishments where on-site repair and incidental sales of supplies for large consumer items and business equipment, such as furniture, computers, large appliances and home electronics, conducted within an enclosed building. This classification includes furniture refinishing and repair, but excludes maintenance and repair of vehicles or industrial equipment.
Service establishments where on-site repair and incidental sales of supplies for consumer items and business equipment, such as small household goods, shoes, watches, cameras, jewelry and similar items, conducted within an enclosed building.
Places of business that conduct research, development, and limited production of high-technology electronic, industrial, biological, or scientific products. Typical uses include biotechnology firms and software firms.
Playground equipment, swimming pools and spas, tennis and other sport courts, and similar facilities and accessory structures that are operated for the residents of a specific residential development and their invited guests, and are not open to the general public. Does not include these facilities for individual homes, which are defined as "accessory uses and structures."
A waste disposal facility specifically restricted to receive only remains from hazardous waste facilities.
"Restaurants, drive-in and walk-ups."
Commercial establishments where food or frozen dessert, or beverage or drink is delivered to, or served directly, or sold to patrons for consumption in any automobiles parked within the designated parking areas or at tables/stands in the open/unenclosed areas within the site where the establishment is located. May include outdoor dining/seating area.
"Restaurant, outdoor dining."
Establishments where tables and seating are provided and food and/or beverages are served in outdoor areas, such as an outdoor patio.
"Restaurant, quick service."
Commercial establishments whose primary business is the sale of food and beverages to customers for consumption on-site or off-site, where customers customarily make food orders at a counter and may also pick up food from the counter when ready. Food may be prepackaged rather than made to order. Condiment bars and trash disposal are typically self-service. May include outdoor dining/seating area.
"Restaurants, sit down."
Commercial establishments whose primary business is the sale of food and beverages to customers for on-site consumption, where food is prepared on the premises and food orders are customarily taken and served to patrons by a waiter or a waitress while the patron is seated at a table or dining counter located inside the restaurant or at an outdoor dining/seating area.
"Restaurants, specialty."
Establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, ice cream, or yogurt). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage, Food and beverages are for customer consumption within the restaurant or restaurant patio area.
Commercial establishments engaged in retail sale of goods not specifically listed under another use classification. All sales and storage are conducted completely within an enclosed building. Typical goods sold include clothing and accessories, stationery, hardware, art, books, flowers, jewelry, groceries, baked goods, household items including electronics, sporting goods, antiques, pet supplies, luggage, etc. Also include second hand merchandise, thrift stores and department stores.
Permanent outdoor sales and rental establishments including auction yards, flea markets, lumber and other material sales yards, newsstands, outdoor facilities for the sale of equipment, and other uses where the business is not conducted entirely within an enclosed structure.
Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices, where products are typically displayed in their original shipping containers. Sites and structures are usually large and industrial in character. Patrons may or may not be required to pay membership fees.
A wall or terraced combination of walls used solely to retain material or water but not to support or to provide a foundation or wall for a building.
An automated mechanical device which accepts at least one (1) or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the containers redemption value, as determined by state law. A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and issues a cash refund based on total weight instead of by container. These vending machines may accept aluminum cans, glass and plastic bottles, and other containers.
The person, committee, or Council responsible for the review and final determination on a land use entitlement, map, or amendment.
A long, narrow, conspicuous elevation of land.
A defined area of land, either public or private, on which a right of passage has been recorded.
Any surface rock or group formation of rocks that are part of and connected to a bedrock formation.
Any animals, except for carrier or homing pigeons, not kept continuously under restraint and/or controlled by leash, in pens, corrals, or buildings.
19. "Salvage yard." "Satellite dishes/antenna." "Screening." "Secretary of the interior's standards for rehabilitation." "Semi-public." "Senior living facility, large." "Senior living facility, small." "Sensitive area." "Sensitive population." "Sensitive species." "Sensitive habitat." "Setback." "Setback line." "Setback line, front yard." "Setback line, rear and side yard." "Shared parking." "Shopping center." "Sign." "Sign area." "Sign business." "Significant feature." "Significant ridgeline." "Single-family dwellings." "Single housekeeping unit." "Site." "Site coverage." "Site plan." "Slope." "Slope face." "Slope grade." "Slope, man-made." "Slope transition zone." "Specific plan." "Split level construction." "Split level roads." "Stadiums and sports arena complexes." "Standards, development." "Standards, performance." "Storage, outdoor." "Story." "Street." "Structure." "Studios, instruction/service." "Subdivider." "Subdivision." "Subdivision development plan." "Subdivision map act, or map act." "Super slopes." "Supportive housing." "Swale." "Swimming pools." "Swimming pools, private."
"S" words, terms and land uses.
A lot or any portion of the lot where waste/junk, discarded or salvage materials (e.g. scrap metals, secondhand lumber and building materials, etc.) are bought, sold, exchanged, baled, packed, disassembled or handled or stored, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment.
See "wireless communications facilities"; however these facilities shall be less than three (3) feet or two (2) meters in diameter.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.
The guidelines prepared by the National Park Service of the U.S. Department of the Interior for applying standards for rehabilitation of historic buildings and historic preservation projects.
A use owned or operated by a nonprofit, religious, or charitable institution and providing educational, cultural, recreational, religious, or similar types of public programs.
A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in § 1569.2 of Cal. Health and Safety Code, subject to regulations of Chapter 3.2 of Cal. Health and Safety Code. Such facility provides care and services on a monthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include independent living, assisted living, memory living care, skilled nursing, and continuing care retirement community.
A State licensed facility that meets the definition of Residential Care Facility for Elderly, as specified in § 1569.2 of Cal. Health and Safety Code, subject to regulations of Chapter 3.2 of Cal. Health and Safety Code. Such facility provides care and services on a monthly basis or longer to six (6) or fewer persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Senior Living Facilities may include independent living, assisted living, memory living care, skilled nursing, and continuing care retirement community.
That area of land within two thousand (2,000) feet of the exterior boundaries of a specific off-site hazardous waste facility, unless otherwise specified as being larger.
Residential populations and immobile populations and similar facilities one thousand (1,000) feet of the exterior boundaries of a hazardous waste site. The one thousand (1,000) feet shall be measured from subject property lines.
Plant or animal species which are susceptible to habitat changes or impacts from activities. The official designation is made by the USDA Forest Service at the regional level and is not part of the designation of threatened or endangered species made by the U.S. Fish and Wildlife Service.
The environment in which sensitive species lives or grows.
The minimum distance by which structures, parking, or uses on a parcel shall be separated from a street right-of-way or lot line. Setbacks from private streets are measured from the edge of the easement. See also "yard."
A line within a parcel, parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures, parking, or uses on a parcel.
The line which defines the depth of the required front yard. Said setback line is parallel with the street line or, when established by the General Plan, with the highway right-of-way line, removed therefrom by the perpendicular distance prescribed for the front yard in the zone.
The line which defines the width or depth of the required rear or side yard. Said setback line is parallel with the property line, removed therefrom by the perpendicular distance prescribed for the yard in the district.
The approved use of the same off-street parking spaces for two (2) or more distinguishable uses where peak parking demand of the different uses occurs at different times of the day, or, where various uses are visited without moving the motor vehicle, where the division of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements if required separately.
A group of not less than fifteen (15) contiguous commercial stores originally planned and developed as a single project.
See Chapter 20.42 (Sign Standards) for definitions and standards governing signs.
The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface; should the sign have more than one (1) surface, the sign area shall be the aggregate area of all sign surfaces measured as above.
Any sign or structure designed, intended or used for advertising the particular business, product or service located or sold on the same premises as that on which the sign or structure is located.
The man-made elements embodying style or type of historic resource, design, or general arrangement and components of an improvement, including but not limited to color, texture of building materials, and the type and style of all windows, doors, light, signs, and other fixtures appurtenant to such improvement.
A long, conspicuous, continuous elevated landform that forms a part of the natural backdrop and skyline to the city. Said landform may consist of one (1) or more ridge features each of varying elevations dependent on the characteristics of the ridgeline being evaluated.
See "dwelling, single-family attached" and "dwelling, single-family detached."
The functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expense, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premise of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.
The percentage of total site area occupied by structures. Site coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., balconies, chimneys, decks above the first floor, porches, stairs, etc.). Site coverage is measured from exterior wall to exterior wall.
A plan drawn to scale, showing uses and structures proposed for a property as required by the applicable regulations, including lot lines, streets, grades, building sites, reserved open space, and other specific development proposals.
An inclined ground surface, the angle of which is expressed as a ratio of horizontal distance to vertical distance. (Please see Illustration 4 in the Appendix following this title.)[4]
The slopes located directly below, and leading up to, the crest of a significant ridgeline or prominent landform.
The relationship (ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).
A manufactured slope consisting wholly or partially of either cut or filled material.
The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.
Under Cal. Gov't Code, Article 8, §§ 65450 et seq., a legal tool for detailed design and implementation of a defined portion of the area covered by a General Plan. A specific plan may include all detailed conditions, programs, regulations, and/or proposed legislation that may be necessary or convenient for the systematic implementation of any General Plan element(s).
An approach to grading and development of a structure whereby the foundation of the structure is placed on more than one (1) graded pad area.
Roads which are constructed so as to have two (2) traffic ways, each at a different level within the same right-of-way.
Indoor and outdoor venue for professional sports on a permanent basis that has a capacity of 5,000 or more seats, which is designed, intended, and used primarily for large-scale spectator events including, but not limited to, sporting events, musical performances, or other similar events.
Standards in this Zoning Code that govern the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Development standards include regulations controlling minimum parcel area, maximum height, minimum parcel frontage, minimum size of yards and setbacks, maximum parcel coverage, and maximum floor area ratio.
Standards in this Zoning Code that govern the operation and maintenance of uses in a particular zoning district. Performance standards include regulations controlling fire and explosive hazards, glare and light, noise, odor, toxic or noxious matter, vibration, and other potential nuisance elements generated by or inherent in uses of land or structures.
The storage of various materials outside of a structure other than fencing, either as an accessory or principal use.
That portion of a structure included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a structure included between the upper surface of the topmost floor and the ceiling.
A public thoroughfare or right-of-way, or approved private thoroughfare or right-of-way determined by the city to be adequate for the purpose of access, which affords the principal means of access for abutting property including avenue, place, way, drive, land, boulevard, highway, road, or any other thoroughfare. The word "street" shall include all major and secondary highways, traffic collector streets, and local streets.
As defined in the International Building Code.
Small scale facilities, typically accommodating one (1) group of patrons or students at a time. Typical uses include art and music studios, karate/martial arts training studios, photography studios, fitness studios (e.g. yoga, Pilates, aerobics, gymnastics) with no other fitness facilities or equipment.
An association, corporation, firm, partnership, or person who proposes to divide or causes to be divided real property into a subdivision for oneself or for others; except that employees and consultants of persons or entities, acting in this capacity, are not subdividers. See "developer".
The division, by any subdivider, of any unit or portion of land shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. "Subdivision" includes the following, as defined in Cal. Civil Code § 1351, a condominium project; a community apartment project; or the conversion of five (5) or more existing dwelling units to a stock cooperative.
Specific development plans for an approved tentative map, including plot plans, building elevations, grading plans and landscape plans applicable to individual lots within said tentative map.
Cal. Gov't Code, Division 2, Title 7, commencing with § 66410 as presently constituted, and any amendments to those provisions regarding the subdivision of real property.
Manufactured slopes that exceed forty-five (45) vertical feet in height. "Super slopes" serve three (3) beneficial purposes:
This use class consists of housing that has the same meaning as defined in § 65582(g) of the Cal. Gov’t Code and as they may be amended.
Open channels possessing a dense cover of grasses and other herbaceous plants through which runoff is directed during storm events. Above ground plant parts (stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated pollutants to settle. The pollutants are then incorporated into the soil where they may be immobilized and/or decomposed.
See "accessory uses and structures."
A water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than twenty-four (24) inches, designed, used, and maintained as an accessory use for swimming and bathing by not more than three (3) owner families and their guests and intended for non-commercial use.
[4]
Editor's Note: The Appendix: Illustrations is included as an attachment to this title.
20. "Temporary structure." "Temporary uses/activities." "Tenant." "Tennis courts, private." "Terracing." "Toe of slope." "Top of slope." "Topography." "Traffic safety visibility areas." "Trailer." "Transit facility." "Transitional housing." "Transportation demand management (TDM)." "Trip reduction." "Two-unit development."
"T" words, terms and land uses.
A structure without any foundation or footings that will be removed when the permit for the activity, or use for which the temporary structure was erected, has expired.
See § 20.62.060 (Temporary Use Permits).
Any person who occupies a site or structure for a fixed period of time, usually through a lease agreement with the property owner.
One (1) or more tennis courts designed and maintained for the sole and exclusive use of the residents/tenants of a specific unit or portion of the site and their invited guests.
The method separating and elevating one (1) development area above another development area by a slope.
That portion of intersection created by the bisection of a horizontal plane by a transverse plane with a deflection angle less than ninety (90) degrees.
That portion of intersection created by the bisection of a horizontal plane by a transverse plane with an angle of impose greater than ninety (90) degrees.
The surface relief of slope of any given area of land.
A triangular area on a corner parcel formed by measuring thirty-five (35) feet from the intersection of the front and street side property lines, and connecting the lines across the property.
A vehicle without motive power, designed so that it can be drawn by an automotive vehicle, for the transporting of personal property, not including trailers used for human habitation, such as recreational vehicles.
A facility that serves as stations for taxi, bus, freight, truck or other transit systems that primarily provide for the movement of goods and/or people. Facilities that serve as product distribution facilities where the materials, products and/or goods to be moved/transferred are stored entirely within a building is not included in this use classification.
This use class consists of housing that has the same meaning as defined in § 65582(j) of the Cal. Gov’t Code and as it may be amended.
The implementation of programs, plans, or policies designed to encourage changes in individual travel behavior. TDM can include an emphasis on alternative travel modes to the single occupant vehicle (SOV) such as carpools, vanpools, and transit, reduction or elimination of the number of vehicle trips, or shifts in the time of vehicle commutes to other than the peak period.
Reducing the number of work-related trips taken between 6:00 a.m. and 10:00 a.m. inclusive, Monday through Friday in single-occupancy vehicles.
This use class consists of two (2) new units or the addition of one (1) new unit and one existing unit developed under the provisions of Chapter 20.56, each with its own kitchen and bathroom facilities, on a single lot. This classification excludes a single-family dwelling unit with an Accessory Dwelling Unit, Accessory Dwelling Unit, Junior, or a duplex.
21. "Unloaded street." "Use." "Utilities."
"U" words, terms and land uses.
A street on which no front entrance or driveway of a home is located.
The purpose for which land or a structure is use, arranged, designed, or intended, or for which the land or structure is or may be occupied or maintained. See also "accessory use, principal use", and "temporary use."
Manned or un-manned facilities that provide the public with electricity, gas, water, communications, sewage collection or other similar service. Antennas for telecommunications systems are not included.
22. "Valet parking." "Valve." "Variance." "Viewshed." "Visual dominance."
"V" words, terms and land uses.
A parking service provided to accommodate users of an establishment in which an attendant on behalf of the establishment takes temporary custody of the vehicles of the guests or patrons visiting the establishment and moves, parks, stores and/or retrieves such vehicles.
A device used to control the flow of water in an irrigation system.
Permission to depart from provisions of this Zoning Code when, due to special circumstances applicable to the property, strict application of the requirements deprives the property of privileges enjoyed by other property in the vicinity which is subject to identical zoning regulations. See § 20.62.070 (Variances).
Areas of development that can be viewed from arterial roads, freeways, major collector roads and public gathering places such as major shopping centers, etc.
Any object as viewed from a public area or public right-of-way that supersedes the presence of all other elements in the area shall be considered to be visually dominant.
23. "Wall." "Water conserving landscape." "Window." "Wireless cable." "Wireless communication facilities - major." "Wireless communication facilities - minor." "Wireless communication facilities - stealth." "Worksite."
"W" words, terms and land uses.
A barrier intended to mark a boundary that presents a continuous surface except where pierced with doorways, gates, or decorative masonry. A wall is usually constructed of brick, concrete, concrete block, stucco, or a combination of these materials.
A combination of landscaping and irrigation techniques which reduce the demand for water that is required to maintain a given landscape. The primary techniques include:
An opening that is in a wall of a structure; designed to allow light and/or ventilation into the structure; enclosed by casement or sash; and containing glass or other similar transparent or semi-transparent material.
Any antenna used to receive television signals by a line of sight connection from a ground mounted transmitting radio tower.
A wireless communication facility that does not meet the definition of a wireless communications facility, minor. Such facility typically is ground-mounted, and/or is mounted in any manner on property or buildings owned by the city or in right-of-ways over which the city has regulatory authority, shall also be considered as a wireless communications facility, major.
A wireless communication facility that is building-, facade-, or wall-mounted, and does not exceed the height of the parapet wall or roof line of the building, including a roof-mounted facility which is concealed or is of a small diameter and does not exceed the maximum height of the district. A wireless communication facility that is mounted in any manner on property or buildings owned by the city or in right-of-ways over which the city has regulatory authority, pursuant to a master agreement with the city, shall be considered a wireless communications facility, minor.
A stealth facility is any telecommunications facility which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade mounted antennas painted and treated as architectural elements to blend with the existing structure. Also known as "concealed telecommunications facilities."
A building, or grouping of buildings, located within the jurisdiction which are in actual physical contact or separated solely by a private or public roadway or other private or public right-of-way, and which are owned or operated by the same employer (or by employers under common control).
24.
"X" words, terms and land uses.
25. "Yard."(1) (2) (3)
"Y" words, terms and land uses.
An open space on a developed parcel that, except as otherwise provided for in this Zoning Code, is unoccupied or unobstructed from the ground upwards; except for allowed projections. See § 20.30.060 (Setback Requirements and Exceptions). When a yard dimension is given, it represents the minimum horizontal distance between the lot line from which the distance shall be measured and a line parallel to the lot line.
"Front yard."
The open space on a developed parcel extending across the full width of the front of the parcel, the depth of which extends from the rear of the public right-of-way to the most distant forward-facing facade of the dwelling and its attached garage or carport. When applied to a multi-family dwelling, these standards shall be applied to the dwelling, garage, or carport closest to the public right-of-way by which access to the site is taken.
"Rear yard."
The open space extending across the full width of the rear of a parcel, the depth of which is the horizontal distance between the rear lot line and a line parallel to the rear lot line.
"Side yard."
The space between the principal structure and the side lot line, extending from the front yard to the rear yard; the measured distance of the yard shall represent the shortest distance between the side lot line and that portion of the principal structure nearest the line from which the measurement is taken.
26. "Zoning code." "Zoning districts." "Zoning map."
"Z" words, terms and land uses.
That portion of the Brea Municipal Code entitled Title 20, as it may be amended from time to time.
A portion of the city within which certain uses of land and structures are defined, and regulations are specified.
The map or maps that are a part of this Zoning Code and that delineate the boundaries of zoning districts.
(Ord. 1241, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025; Ord. 1269, 12/2/2025)
§ 20.04.010 Establishment of zones.
A.
For purposes related to the orderly development of the city, and in order to carry out the provisions of this title, the city is hereby divided into the following zones:
Symbols | Zone Name |
|---|---|
HR | Hillside Residential Zone |
R-1 | Single Family Residential Zone |
R1-H | Single Family Residential Hillside Zone |
R-1 (5,000) | Single Family Residential Zone (5,000 square foot lots) |
R-2 | Multiple Family Residential Zone |
R-3 | Multiple Family Residential Zone |
C-P | Commercial, Administrative and Professional Office Zone |
C-N | Neighborhood Commercial Zone |
C-C | Major Shopping Center Zone |
C-G | General Commercial Zone |
C-M | Commercial Industrial Zone |
C-RC | Commercial Recreation Zone |
M-P | Planned Industrial Zone |
M-1 | Light Industrial Zone |
M-2 | General Industrial Zone |
MU-I | Mixed-Use I Zone |
MU-II | Mixed-Use II Zone |
MU-III | Mixed-Use III Zone |
PRO-NOS | Parks/Recreation/Open Space - Natural Open Space Zone |
PRO-P/R | Parks/Recreation/Open Space - Parks/Recreation Zone |
P-D | Precise Development Zone |
PF | Public Facilities Zone |
WD | Wall Design Overlay Zone |
E | Equestrian overlay Zone |
O | Oil Production Zone |
P-C | Planned Community Zone |
FP | Flood Plain Overlay Zone District No. 1 |
SGS | Special Geological Studies Zone |
SP | Specific Plan |
B.
No parcel of land or lot in any zone shall hereafter be used for any purpose except as specifically permitted in the zoning classification applied to such parcel or lot pursuant to this section or hereafter permitted by any other provisions of this title.
(Ord. 425, 10-14-1968; Ord. 965, 4-4-1995; Ord. 1241, 8-15-2023)
§ 20.04.020 Official Zoning Map.
The zones listed above and the boundaries of said zones are shown on the Official Zoning Map which is made an integral part of this zoning code. All notations, references and other information shown on the Official Zoning Map shall be as much a part of this zoning code as if the matters and information were described herein.
(Ord. 425, 10-14-1968; Ord. 999, 9-16-1997; Ord. 1011, 5-5-1998; Ord. 1080, 11-2-2004)
§ 20.04.030 Zone boundaries.
A.
Where indicated zone boundaries are approximately street, alley or lot lines, said lines are determined to be the boundaries of the zone. Otherwise, the boundaries shall be determined by the dimensions shown on the Official Zoning Map. In the absence of a dimension, the boundary shall be determined by use of the scale shown on said map.
B.
A street, alley, railroad or railway right-of-way, water course, drainage channel or body of water, included in the zoning map shall, unless otherwise indicated, have no zoning and shall not be used or improved for other than the purpose for which they exist.
C.
In the event that a vacated street, alley, right-of-way or easement was the boundary between two (2) zones, the new zone boundaries shall be at the new property line and the vacated portion of the street, alley, right-of-way, or easement shall take the zone of the property abutting same and the new zoning boundary shall be at the new property line.
D.
If after the adoption of the above rules, uncertainty exists as to any zone boundary, the Commission shall, upon letter of request or upon its own motion, interpret the map and determine said boundary, and said determination shall be final and made a permanent public record.
(Ord. 425, 10-14-1968)
§ 20.04.040 Annexed territory.
The city may prezone unincorporated territory adjoining the city for purposes of determining the zone that will apply to such property in the event of subsequent annexation to the city. The procedure for prezoning shall conform to the provisions of § 20.404.020 of this title. Such zoning shall become effective at the same time that annexation of said property becomes effective.
(Ord. 425, 10-14-1968)
§ 20.08.010 Lot area and dimensions.
A.
Area accepted as the required area. The minimum area and/or dimensions of a lot or parcel of land shall not be less than the minimum area and dimensions indicated by the zoning symbol except under the following special conditions:
1.
Subdivision. Lots which are substandard in area and/or dimension created by recorded subdivision prior to establishment of the zone shall be accepted as conforming subject to all other development standards of the zone and, shall not be reduced below the area or dimensions set forth on the recorded map.
2.
Any lot which is substandard in area and/or dimension and which is of record prior to the adoption of this zoning code shall be accepted as conforming subject to all other development standards of the zone and shall not be reduced below the area or dimensions set forth on the recorded map.
B.
Required area and/or dimensions reduced by public use. Where a lot or parcel of land has its area and/or dimensions(s) reduced by yielding land for public use in any manner including, but not limited to, dedication, condemnation or purchase, the gross area prior to said reduction may be used in calculations of density. The remaining lot or parcel of land shall be accepted as a conforming lot provided that the area and/or dimensions are not reduced below eighty percent (80%) of the minimum requirements of the zone.
(Ord. 425, 10-14-1968)
§ 20.08.020 Yards.
A.
General conditions.
1.
Yards shall be measured perpendicular to the property line or from a future street or highway line as shown on the General Plan or established as a special setback provision of this title.
2.
Yard provisions shall apply to both main and accessory structures unless otherwise specified.
3.
Required yard or other open space around an existing building or any building hereafter erected shall not be considered as providing a yard or other open space for any other building on an adjoining lot or building site.
B.
Permitted projections into required yards.
1.
Landscape architectural features, including uncovered patios, open air grills, fountains, sculptures, and similar features, and guard railings for safety protection around depressed ramps may be located in any front or side yard, provided the height does not exceed thirty (30) inches and within any rear yard, provided the height does not exceed six (6) feet. Swimming pool equipment or similar mechanical equipment may be located within the rear yard area, provided it is a minimum of five (5) feet from any property line and is screened from view of adjoining properties. The combined coverage by the main building, accessory buildings and accessory features and equipment shall not exceed twenty-five percent (25%) of the required rear yard area.
2.
Fire escapes may extend or project into any yard not more than four (4) feet, provided, however, that the yard shall not be reduced to less than three (3) feet in clear width.
3.
Cornices, canopies, eaves, belt courses, sills, and other similar architectural features may extend or project into a required front yard not more than four (4) feet, and may extend into a required side yard on the street side of a corner or reversed corner lot or rear yard not more than six (6) inches for each foot of required yard width.
4.
Uncovered porches, platforms, or landing places which do not extend above the level of the first floor of the building may extend into any front yard a distance of not more than twenty percent (20%) of such front yard, and in no instance more than five (5) feet and may extend into rear yard of side yard on street side of a corner or reversed corner lot not more than four (4) feet. An openwork railing may be installed or constructed on any such porch, platform or landing place provided it does not exceed thirty (30) inches in height.
5.
Open, unenclosed stairways or balconies not covered by a roof or canopy may extend or project into a required front yard not more than four (4) feet.
6.
No projections shall be permitted into any required side yard except that a fireplace may extend not more than six (6) inches and eaves may extend not more than eighteen (18) inches into said required yard.
7.
Accessory recreational uses, such as outdoor tennis courts shall be permitted within the rear yard area, subject to the provisions of § 20.408.040 of this title and the following performance standards:
a.
Fencing shall be open work (not less than ninety percent (90%) open) and shall be a maximum of twelve (12) feet in height. Translucent backdrops or windscreens may be attached to such fencing.
b.
Lighting shall be mounted a maximum of ten (10) feet above court level and designed so as to confine direct rays to the court. Lighting shall be operative only between the hours of dusk to 11:00 p.m.
c.
Said courts shall not be located closer than twenty-five (25) feet to any existing dwelling on adjacent property.
C.
Yard requirements - special conditions. Churches, schools, institutions or other similar uses when permitted in any R Zone shall be located not less than twenty (20) feet from all common property lines not less than fifty (50) feet from the front property line and not less than twenty-five (25) feet from any side property line on a street.
(Ord. 425, 10-14-1968; Ord. 616, 2-1-1977; Ord. 965, 4-4-1995)
§ 20.08.030 Outdoor living space.
A.
Required outdoor living space may include those portions of the side and rear yards which are contiguous with and designed as an integral part of the common area and are usable. The front yard shall not, however, be considered in calculating required outdoor living space.
1.
Single family, detached. The required outdoor living space provided for a detached single family dwelling shall be a single common area with a minimum dimension of fifteen (15) feet at any point.
2.
Single family, attached and multiple family. Not more than fifty percent (50%) of the total required outdoor living space serving a single family, detached or multiple family development shall be provided in a common area with a minimum dimension of twenty-five (25) feet at any point. The remaining outdoor living space requirement may be provided in private spaces on or above ground level (balconies, roof tops). Individual areas shall not be less than one hundred (100) feet in area and the minimum dimension shall not be less than five (5) feet at any point.
(Ord. 1254, 3-18-2025; Ord. 1269, 12/2/2025)
§ 20.08.035 Small lot development standards.
The following development standards apply to residential developments with lot sizes less than 5,000 square feet which are approved through Development Agreements or other specific review and do not otherwise have prescribed development standards.
A.
Uses expressly prohibited. All uses R-1 (5,000) zone, as set forth in Chapter 20.11 of this title.
B.
Minimum dwelling unit area. Each dwelling unit shall have a livable gross floor area of not less than one thousand (1,000) square feet. Computation of gross floor area shall not include the garage square footage.
C.
Setbacks. The following minimum standards shall apply:
1.
The minimum building setback for residential units having side yards on a public or private street shall be eight (8) feet from the property line.
2.
The minimum building setback for residential units fronting either on a private street, a public street, or a pedestrian access paseo shall be eight (8) feet from the property line.
3.
The minimum rear and side yard setbacks shall be three (3) feet from the property line.
4.
All setbacks not addressed in this section shall be as reviewed and interpreted by the City Planner.
D.
Projections into required yards. Architectural features and projections which are part of the dwelling unit such as eaves, cornices, awnings, chimneys, rain gutters and other similar features may project into setback areas one (1) foot. Projection issues not addressed by this Section shall be as reviewed and interpreted by the City Planner.
E.
Room additions and expansions. Proposed room additions and expansions to the main building shall be subject to Plan Review procedures as set forth in § 20.408.040 of the Brea Zoning Ordinance. The Plan Review procedures shall be used to determine that any proposed room addition or expansion to the main building complies with the standards described herein.
F.
Accessory structures. Accessory structures incidental to single family detached dwelling units are permitted. These structures include patios, gazebos, arbors, trellis work and other similar structures. The minimum standards for open accessory structures are as follows:
1.
All open accessory structures shall maintain a minimum setback of three (3) feet from all property lines. No projections shall extend into this three foot setback.
2.
All accessory structures detached from the main building shall not exceed fifteen (15) feet in height.
3.
Setbacks for covered structures shall follow the building setback requirements. For the purpose of this Section, a covered structure shall be defined as "being less than fifty (50) percent open free and clear to the sky."
G.
Lot coverage. Each lot shall have a maximum building coverage of sixty (60) percent.
1.
The dwelling unit, garage, plus any additions and expansions, covered patios, and balconies shall be calculated as lot coverage.
2.
Open patios, ground level decks, terraces, trellis work and other similar structures intended for outdoor living shall not be included in the lot coverage requirement.
H.
Property maintenance. The property shall be maintained as required in § 20.208.040E.1.b., 2.c., and 3.b. of this title.
(Ord. 998, 9-2-1997; Ord. 1254, 3-18-2025)
§ 20.08.040 Off-street parking and loading.
A.
Intent and purpose. These regulations are established to provide for on-site maneuvering and parking of motor vehicles that are attached to and generated by land uses within the city. The parking requirements contained herein are assumed to be minimums only. It is the responsibility of the developer, owner or operator of any specific use to provide adequate off-street parking and maneuvering facilities. The following requirements are designed to lessen traffic congestion and contribute to public safety by providing sufficient on-site parking facilities.
B.
General requirements.
1.
Application.
c.
Where insufficient parking is serving a building or use existing at the time this zoning code became effective, said building may be enlarged only if adequate parking is provided for the total building in accordance with the requirements of this section. If the category of use is listed in paragraph D. of this section, changes to a category of use which requires more parking stalls, additional parking stalls must be provided meeting all requirements of this section.
2.
Location.
a.
All required parking spaces and garages shall be located on the same lot, or the same building site in the case of a shopping center. Where a parking lot owned by the city is located within 400 feet of the front door or main entry of the building, parking requirements listed in subsection D of this section may be reduced as determined by the Community Development Director.
b.
All required parking spaces shall be located not more than two hundred (200) feet from the building or use to be served. Buildings with floor area in excess of ten thousand (10,000) square feet shall be exempt from this requirement except that all required parking shall be located on the same or contiguous lots.
c.
All required parking spaces for individual tenants of shopping centers, shall have his or her required parking within a two hundred (200) foot radius of the main entrance. Parking immediately in front of a tenant space, if not required for fire access, may be reserved for customers of that tenant.
3.
Computation of required parking. Whenever the computation of the number of off-street parking spaces required by this section results in a fractional parking space, one (1) additional parking space shall be required for one-half (½) or more fractional parking space, and any fractional space less than one-half (½) of a parking space shall not be counted.
a.
All access to a parking area from a public street, alley or highway shall be designed so that motor vehicles leaving the driveway or parking area will enter the highway traveling in a forward direction. This shall not apply to single family subdivisions, or multiple family residential properties serving four (4) units or less.
b.
The parking area shall be designed so that a vehicle within the parking area will not have to enter a public street to move from one location to any other location within the parking area.
c.
Vehicular access to arterial streets and highways will be permitted only in accordance with driveway locations and access design to be approved by the Traffic Engineer of the city.
4.
Surfacing. All parking spaces, driveways, and maneuvering areas shall be paved and permanently maintained with asphaltic concrete or cement concrete, with a structural section to be approved by the City Engineer.
5.
Striping. All parking stalls and directional arrows and instructions shall be delineated with paint, as required by the Traffic Engineer.
C.
Design.
1.
Maximum grades permitted.
a.
Entrance - four (4) or less dwelling units. The driveway or accessway shall have a maximum grade of plus fifteen percent (+15%) or minus six percent (-6%) measured along the driveway centerline, for a distance of not less than twenty (20) feet from the ultimate right-of-way line of the street or alley.
b.
Entrance - five (5) or more dwelling units, industrial, commercial, office and parking areas serving buildings or recreation areas owned or operated by any governmental agency. The driveway or accessway shall have a maximum grade of plus fifteen percent (+15%) or minus two percent (-2%), measured along the driveway centerline, for a distance not less than twenty (20) feet from the ultimate right-of-way line of the street or alley.
c.
Parking spaces. All parking spaces and abutting access aisle shall have a maximum grade of five percent (5%), measured in any direction.
d.
Interior driveways. Ramps or driveways within the interior of a parking area (beyond twenty (20) feet from ultimate right-of-way line) shall have a maximum grade of twenty percent (20%). If such a ramp or driveway exceeds ten percent (10%), the ramp or driveway design shall include transitions (at each end of the ramp) not less than eight (8) feet in length, having a slope equal to one-half (½) the ramp or driveway slope.
2.
Parking spaces.
a.
All parking stalls shall be double or “hairpin” striped. (Please see Diagram “A” in the Appendix following this title.)[1]
[1]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
b.
Sizes.
(1)
Perpendicular or angular stalls.
(2)
Parallel stalls. Eight feet wide by 23 feet long.
(3)
Handicapped stalls. All accessible parking spaces requirements to be governed by the California Building Code standards.
(4)
Compact stalls shall be a minimum of eight feet wide by 16 feet long.
(a)
Compact stalls may be permitted in multiple family residential projects of five or more units in accordance with the provisions of this subsection C.
(b)
Compact stalls may be permitted in commercial and industrial projects requiring a minimum of 40 parking spaces in accordance with the following conditions:
(i)
A maximum of 15% of the required number of parking spaces may be compact stalls.
(ii)
The maximum number of compact parking stalls may be increased upon approval of a conditional use permit, but in no event shall the number of compact stalls exceed 30%.
(iii)
Each compact stall approved hereunder shall be individually designated as a compact stall per the City of Brea Public Works Standards.
(c)
All parking areas containing compact stalls shall be approved by the Community Development Director and the City Traffic Engineer.
(5)
Overhang. Parking stall lengths, except parallel spaces, may be reduced by two feet (17 feet for standard size stalls; 14 feet for compact stalls) where the front of the parking stall abuts a landscaped area or sidewalk which is a minimum of four feet clear. Such landscape area shall be enclosed with a minimum of six inch high curb and no trees or shrubs shall be planted in the two foot reduced area.
(6)
Parking for electric vehicle charging. Parking stalls for electric vehicle charging shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter 14.08 of this Code.
(7)
Parking for hydrogen fueling. Parking stalls for hydrogen fueling shall comply with the residential, commercial, industrial, handicapped, and/or compact stall minimum dimensions identified in this chapter and consistent with Chapter 14.08 of this Code.
(8)
Bicycle parking. All residential and non-residential bicycle parking requirements to be governed by the California Green Building Code standards.
c.
Locations.
(1)
The point of exit or entry from any off-street parking space shall not be closer than fifteen (15) feet from the ultimate right-of-way line of a street and five (5) feet in the case of an alley.
(2)
Industrially zoned facilities on arterial streets and commercially zoned facilities providing parking for fifty (50) or more vehicles shall be designed with access driveways which shall not be intersected by a parking aisle, parking space, or another access driveway for a minimum distance of fifty (50) feet from the street right-of-way line. (Please see Diagram “C” in the Appendix following this title.)[2]
[2]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
(3)
Required off-street parking in residential zones shall not be provided in areas required for ingress and egress to other parking spaces; no tandem parking is permitted, except with properties associated with an accessory dwelling unit pursuant to the standards as set forth in Section 20.208.040 of this title.
(4)
Off-street parking spaces when located below living quarters shall be provided in garages.
3.
Driveways and parking aisles.
b.
Access driveways. Access driveways shall have a minimum width of twenty-eight (28) feet. Access driveways are defined as those that provide access into and through a parking area from a street access point providing access to the parking aisles, and those driveways providing interior circulation between parking areas. (Please see Diagram “C” in the Appendix following this title.)[3]
[3]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
c.
Parking aisles. Parking aisles are defined as driveways which have parking spaces taking access from either or both sides and which are intended primarily to provide direct access to parking spaces. Parking aisles shall be designed in accordance with Diagrams “A” and “B” in the Appendix following this title.[4]
[4]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
4.
Screening. Open parking spaces and parking structures shall be screened with a solid wall, mounded landscaping or evergreen shrubs of not less than three (3) feet nor more than three and one-half (3½) feet in height whenever such parking is adjacent to a street right-of-way. Walls shall be located adjacent to the inside edge of any required boundary landscaping and to the outside edge of the paved parking area when there is no landscaping. When evergreen shrubs are used as a screen they shall be planted in quantity and location so as to form a screen which is a minimum of seventy-five percent (75%) opaque within eighteen (18) months after installation. It shall be the responsibility of the owner to maintain such shrubbery so that it does not exceed three and one-half (3½) feet in height, nor encroach into limited use areas outlined in § 20.08.060 of this chapter.
5.
Lighting.
a.
All off-street parking areas within commercially zoned projects shall be provided with exterior lighting meeting the following minimums:
b.
All off-street parking areas within industrially zoned areas shall meet all standards in paragraph C.5.a. of this section, except that the equivalent of three fourths (0.75) foot candle of illumination shall be maintained on the average throughout the parking area.
D.
Parking space requirements. All land uses shall provide off-street parking in conformity with the requirements listed in the Table 20.08.040.D under this subsection, unless otherwise modified by the provisions contained herein. The term floor area used in the Table 20.08.040.D under this subsection shall mean gross floor area.
Use | Minimum Parking Stalls Required |
|---|---|
Residential | |
Accessory dwelling unit | 1 space required, which may be provided as tandem parking, including on a paved driveway; however, no parking shall be required if the accessory dwelling unit meets any of the following criteria: |
- The accessory dwelling unit is located within mile walking distance of, and has a path of travel that is always publicly accessible to, Public Transit. The mile distance shall be measured on actual walking routes between the Accessory Dwelling Unit and the public transit, rather than a straight line between points; | |
- The accessory dwelling is located within an architecturally and historically significant district; | |
- The accessory dwelling is part of the proposed or existing primary residence, or within, or part of, an existing accessory building; | |
- When on-street parking permits are required but not offered to the occupant of the accessory dwelling; or | |
- When there is a car-share vehicle located within one (1) block of the accessory dwelling unit. | |
Note: (1) When a garage, carport, uncovered parking space, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, any off-street parking spaces that were provided by such garage, carport, uncovered parking space, or covered parking structure are not required to be replaced. | |
Accessory dwelling unit, junior | None required |
Accessory buildings and structures | None required, except for the spaces required for the underlying use. |
Caretakers unit | 1 space per unit |
Community care facility, small | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Dwelling, multi-family | - Studio units: 1.5 spaces per unit, of which 1 space shall be located within a garage or a carport. |
- 1-bedroom units: 1.75 spaces per unit, of which 1 space shall be located within a garage or a carport. | |
- 2-bedroom units: 2 spaces per unit, of which 1 space shall be located within a garage or a carport. | |
- 3-bedroom and larger units: 2.5 spaces per unit plus 0.5 spaces for each bedroom in excess of 3, of which 2 spaces shall be located within a garage or a carport. | |
- Guest spaces: If the development consists of 5 or more units, 0.2 covered or uncovered guest parking space shall be provided per unit, in addition to the required number of parking spaces for each unit. A maximum of 25% of the required guest spaces may be of compact stalls. | |
Dwelling, single-family attached | 2 covered parking spaces for each unit plus 0.5 covered or uncovered parking spaces for each dwelling unit for guest spaces. |
Dwelling, single-family detached | 2 covered parking spaces for each unit. |
Employee housing | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Fraternity/sorority house | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Home occupations | None required, except for the spaces required for the underlying use. |
Live/work units | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Mobile home parks | Same requirements as Dwelling, Multi-Family. |
Room rental | None required, except for the spaces required for the underlying use. |
Planned residential unit development | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the development proposes |
Senior living facility, small | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Supportive housing | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Transitional housing | Subject to the same parking requirement applicable to the residential dwelling unit of the same type in the same zone that the use occupies. |
Two-unit development | 1 covered parking space per unit required; however, no parking shall be required if the development meets any of the following criteria: |
- The unit is located within mile walking distance of either a high-quality transit corridor, as defined in 21155(b) of the Cal. Public Resources Code, or a major transit stop, as defined in 21064.3 of the Cal. Public Resources Code. The mile distance shall be measured on actual walking routes between the unit and the high-quality transit corridor or a major transit stop, rather than a straight line between points; | |
- When there is a car-share vehicle located within one (1) block of the development. | |
Non-Residential | |
Accessory buildings and structures | None required, except for the spaces required for the underlying use. |
Adult entertainment business | 1 space per 75 square feet of floor area up to 6,000 square feet plus 1 space per 55 square feet over 6,000 square feet, or 1 space per 3 seats, whichever is greater. |
Agriculture, industrial | 1 space per 2 acres of area used for agricultural operation plus required spaces for any additional accessory uses, as required by this Chapter. |
Agriculture, limited | - If accessory to a primary residential use: None required, except for the spaces required for the underlying use. |
- As a primary use: 2 spaces | |
Agriculture, major | - Agricultural Operation: 1 space for each employee during the largest shift plus 1 space per motor vehicle used in conjunction with the use. |
- Accessory Retail (e.g. roadside stands): 1 space per 200 square feet of the retail area | |
Agriculture, minor | - Agricultural Operation: 1 space for each employee during the largest shift plus 1 space per motor vehicle used in conjunction with the use. |
- Accessory Retail (e.g. roadside stands): 1 space per 200 square feet of the retail area | |
Alcoholic beverage sale, off-sale | None required, except for the spaces required for the underlying use. |
Alcoholic beverage sale, on-sale | None required, except for the spaces required for the underlying use. |
Alcoholic beverages manufacturing | - Manufacturing: 1 space per 500 square feet of floor area, which may include a maximum of 10% office space, plus 1 space per 250 square feet of office floor area that is in excess of 10% |
- Tasting or Tap Room and outside patios: 1 space per 35 square feet of floor area. | |
Ambulance service | 1 space per 250 square feet plus 1 space for each ambulances/emergency vehicle. |
Animals, daycares | 1 space per employee plus 1 space per 10 animals |
Animals, grooming | 1 space per 250 square feet |
Animals, stable | 1 space for every 5 horses kept on the premises plus the required spaces for any additional accessory uses, as required by this Chapter |
Animals, ranch | 1 space per 2 acres of area used for grazing plus required spaces for any additional accessory uses, as required by this Chapter. |
Animals, boarding/kennel (commercial) | 1 space per employee plus 1 space per 10 animals. |
Animals, boarding/kennel (noncommercial) | None required, except the spaces required for the underlying use. |
Animals, grooming and daycares | 1 space per 250 square feet. |
Animals, veterinary clinic/hospital | 5.5 spaces per 1,000 square feet. |
Auditoriums and meeting places | 1 space per 3 fixed seats or 1 space per 35 square feet of the assembly areas without fixed seats. |
Automated teller machines | 2 spaces per machine. |
Notes: (1) No parking spaces are required when located on the exterior building wall of an existing business use, within the interior of any other type of business establishment, or when free-standing machines are located on properties developed with other retail or office uses. | |
(2) No parking spaces are required for drive-up facilities. | |
Automotive, hydrogen-fueling stations | 1 space per charging station |
Automotive, washing and detailing | Parking demand study required |
Automotive, parking lots/structures | None required |
Automotive, parts/supply sales | 1 space per 200 square feet. |
Automotive, rental | 1 space per 250 square feet. |
Automotive, repair (major) | 1 space per 250 square feet. |
Automotive, repair (minor) | 1 space per 250 square feet. |
Automotive, sales and leasing | 1 space per 400 square feet. |
Automotive, sales and leasing (limited) | 1 space per 250 square feet. |
Automotive, service stations | 5 spaces plus 1 additional space for each service bay, if any. |
Automotive, towing service | 1 space per 250 square feet plus 1 space for each tow-truck to be parked at the site. |
Automotive, recharging facilities | 1 space per charging station |
Bars and nightclubs | 1 space per 7 square feet of dance floor area plus 1 per 35 square feet of assembly area. |
Boarding house | 1 space per bedroom, 1 space per each nonresident employee, plus 1 guest space. For purposes of this provision, "bedroom" means any room designed, intended or primarily used for sleeping purposes. |
Borrow pit | Requires parking demand study. |
Catering services | 1 space per 250 square feet plus 1 space for each catering/food truck. |
Cemetery | Requires parking demand study. |
Clubs and lodges | 1 space per 75 square feet. |
Community care facilities, large | 5.5 spaces per 1,000 square feet. |
Community facilities, public | 1 space per 300 square feet |
Computer internet facilities | 1 space per 200 square feet. |
Convalescent and rest homes | 5.5 spaces per 1,000 square feet. |
Convenience stores and mini markets | 1 space per 200 square feet. |
Day care centers | 1 space per 200 square feet of floor area designated for office and classroom use. |
Drive-through facilities | None required, except for the spaces required for the underlying use. |
Notes: | |
(1) A use with a drive-through facility may include stacking credit for drive-through window on the basis of 1 car for every 23 lineal feet of striped stacking lanes. A maximum credit not to exceed 30% of the total required parking for the site or no more than 20 spaces for stacked credit, whichever is less. | |
(2) Drive through lanes for a non-restaurant use shall provide a minimum of 115 feet per lane for required stacking space, as measured from the pick-up window, for each drive through lane. | |
(3) Drive through lanes for any restaurant use, including a Drive-In, shall provide a minimum of 160 feet of stacking space, as measured from the pick-up window, for each drive through lane. | |
Educational institution, general | - 8th grade or lower: 1 space per classroom, plus 1 space per non-office employee, plus 1 space per 250 square feet of office use, plus parking required for assembly halls and auditoriums (see Auditoriums and Meeting Halls). |
- 9th grade or higher: 1 space per non-office employee, plus 1 space per 6 students, plus 1 space per 250 square feet of office use, plus parking required for assembly halls and auditoriums (see Auditoriums and Meeting Halls). | |
Educational institution, trade | 1 space per 35 square feet of floor area designated for instruction plus 1 space per 250 square feet of floor area designated for office use. |
Educational institution, tutoring | 1 space per 250 square feet. |
Emergency shelter | 1 space per staff member |
Family daycare homes | None required, except for the spaces required for the underlying use. |
Financial institution | 1 space per 200 square feet |
Garden centers and nurseries | 1 space per 200 square feet. |
Golf course | 8 spaces per hole, 1 space per tee for driving ranges (if any), and required spaces for additional accessory uses (e.g. restaurant, bar, offices, etc.), as required by this Chapter. |
Government facilities | 1 space per 250 square feet. |
Hazardous waste facility | Parking demand study required |
Health/fitness center | 1 space per 150 square feet |
Helipads and heliports | Parking demand study required |
Hotels | 1 space per guest unit. |
Industrial, limited | - Wholesale: 1 space per 1,000 square feet, which may include up to 10% office space, 1 space per 250 square feet of office floor area that is in excess of 10%, plus 1 space per 250 square feet of sales area |
- Others: 1 space per 500 square feet, which may include up to 10% office space, plus 1 space per 250 square feet of office floor area that is in excess of 10%. | |
Industrial, major | Warehouse/Storage/Wholesale: 1 space per 1,000 square feet, which may include up to 10% office space, plus 1 space per 250 square feet of office floor area that is in excess of 10%. |
- Others: 1 space per 500 square feet, which may include up to 10% office space plus 1 space per 250 square feet of office floor area that is in excess of 10%. | |
Industrial, minor | - Warehouse/Storage/Wholesale: 1 space per 1,000 square feet, which may include up to 10% office space, plus 1 space per 250 square feet of office floor area that is in excess of 10%. |
- Others: 1 space per 500 square feet, which may include up to 10% office space plus 1 space per 250 square feet of office floor area that is in excess of 10%. | |
Industrial, outdoor operations | 1 space per 500 square feet of lot area devoted to outdoor use, excluding parking areas and vehicular accessways, plus 1 space per 250 square feet of floor area for enclosed spaces used for administrative purposes (e.g. offices, employee lounge, etc.). |
Industrial, outdoor storage yards | 1 space per 3,000 square feet of lot area |
Liquor stores | 1 space per 200 square feet. |
Markets, large | 1 space per 200 square feet |
Massage establishments | 1 space per 250 square feet |
Medical services, clinics/offices | 5.5 spaces per 1,000 square feet. |
Medical services, equipment/laboratories | 1 space per 250 square feet. |
Medical services, hospitals | 1.75 spaces per bed. |
Mortuary | 1 space per 3 fixed seats or 1 space per 25 square feet of assembly area, where there are no fixed seats. |
Motels | 1 space per guest unit. |
Offices, administrative & professional | 1 space per 250 square feet. |
Oil and hydrocarbon activities | 2 spaces per well |
Parks, public | As determined by the City Planner |
Personal services, general | 1 space per 250 square feet |
Personal services, limited | 1 space per 250 square feet |
Pharmacies/drug stores | 1 space per 200 square feet |
Reception hall | Requires a parking demand study |
Recreation, indoor | - Bowling Alleys: 4 spaces per lane |
- Billiard Halls: 2 spaces per table | |
- Racquetball/Tennis: 3 spaces per court | |
- Swimming Pools: 1 space per 500 square feet | |
- Skating rinks (ice/roller): 1 space per 100 square feet | |
- Other uses: Requires parking demand study | |
Note: (1) If an indoor recreation facility has other uses (e.g. restaurant, bar, etc.), spaces required for those additional uses shall also be required. | |
Recreation, open space | None required |
Recreation, outdoor | - Golf - Driving Range Only: 1 space per tee |
- Golf - Miniature Golf Course: 3 spaces per hole | |
- Tennis: 3 spaces per court | |
- Other uses: Requires parking demand study | |
Note: (1) If an outdoor recreation facility has other uses (e.g. restaurant, bar, etc.), spaces required for those additional uses shall also be required. | |
Recycling facilities, consumer | - 500 square feet or smaller: None required, except for the spaces required for the underlying use. However, such facility shall not occupy more than 5 existing parking spaces. |
- Larger than 500 square feet: Parking demand study required. | |
Recycling facilities, processing | 1 space per 500 square feet, which may include up to 10% office space, plus 1 space per 250 square feet of office space in excess of 10%. |
Religious assembly | 1 space per 3 fixed seats or 1 space per 35 square feet of the assembly areas with no fixed seats. A Religious Assembly facility with 300 seats or above shall require a parking study. |
Notes: (1) Every 18 inches of bench shall be considered as a fixed seat. | |
(2) Any off-site parking, if proposed, shall be within 1,000 feet of the site it serves, as measured from closest property line. | |
Repair services, major | 5.5 spaces per 1,000 square feet of floor area for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of floor area over 100,000 square feet. |
Repair services, minor | 5.5 spaces per 1,000 square feet of floor area for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of floor area over 100,000 square feet. |
Research and development | 1 space per 250 square feet |
Restaurants, drive-in | Minimum of 10 spaces; or 1 space per 150 square feet of floor area. Also subject to the minimum stacking requirements as specified under Drive-Through Facilities requirements. |
- Indoor: Minimum of 5 spaces; or 1 space per 150 square feet of floor area up to 6,000 square feet, plus 1 space per 125 square feet over 6,000 square feet. | |
Restaurants, quick service | - Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking requirements, 1 space per 150 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater. |
Note: (1) If a restaurant only consists of an outdoor dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area. | |
- Indoor: Minimum of 10 spaces; or 1 space per 100 square feet of floor area up to 6,000 square feet, plus 1 space per 75 square feet over 6,000 square feet, or 1 space per 3 seats, whichever is greater. | |
Restaurants, sit down | - Accessory outdoor dining/seating areas: No additional parking spaces required for if the outdoor dining/seating area is smaller than 300 square feet or has less than 20 seats. For outdoor dining/seating areas that is not exempt from additional parking, 1 space per 100 square feet of area over 300 square feet or 1 space per 3 seats over 20 seats, whichever is greater. |
Note: (1) If a restaurant only consists of an outdoor dining/seating area, parking requirements applicable to indoor space shall apply to such outdoor dining/seating area. | |
Restaurants, specialty | Same requirements as Restaurants, Quick Service |
Retail sales, general | 1 space per 200 square feet |
Retail sales, outdoor | 1 space per 200 square feet |
Retail sales, warehouse stores | 1 space per 200 square feet |
Salvage yard | 1 space per 3,000 square feet of the parcel where the use is located |
Senior living facility, large | 5.5 spaces per 1,000 square feet. |
Shopping center | 5.5 spaces per 1,000 square feet. |
Stadiums and sports arena complexes | Requires a parking demand study |
Studios, instruction/service | 1 space per 250 square feet or based on a parking demand study. |
Entertainment venues | 1 space per 3 fixed seats or 1 space per 35 square feet of the assembly areas without fixed seats. |
Transit facilities | Requires a parking demand study |
Utilities | - Manned Facilities: Requires parking demand study |
- Un-manned facilities: None required | |
Wireless communication facilities, major | None required |
Wireless communication facilities, minor | None required |
E.
Truck loading and maneuvering area.
1.
All industrial and commercially zoned developments shall be designed so as to prevent truck back-up maneuvering within public right-of-way.
2.
a.
All industrial and commercially zoned developments designed with dock high approaches and/or truck wells shall be provided with at least one (1) back-up area to said dock or well in accordance with the below schedule. The driveway aisle between parking stalls may be used for said approach provided the forty-eight (48) foot wheel track turning radius is maintained, as outlined in Diagrams “E” and “F” in the Appendix following this title.[5]
Berth or Aisle Width (feet) | Dock Approach (feet) |
|---|---|
10 | 120 |
12 | 117 |
14 | 113 |
[5]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
b.
The dock approach may not be encumbered by parking stalls or physical obstructions and shall be measured perpendicular to the dock or door as shown in accompanying Diagram “E” in the Appendix following this title.[6] The minimum dock or door overhead clearance (excluding pipes, lights, etc.) is twelve (12) feet.
[6]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
3.
Unless otherwise provided for in paragraph E.2. above, all commercial and industrially zoned buildings must provide at least one (1) identified loading area (twelve (12) feet by twenty (20) feet with ramp). Access to said loading area must be designed as a minimum to provide a forty-eight (48) foot wheel track turning radius for a fifty-five (55) foot long semitrailer truck maneuvering, in accordance with Diagram “F” in the Appendix following this title. Parking aisles and access driveways adjacent to loading doors without dock high approaches or truck wells shall have a minimum width of eight (8) feet plus the aisle width required in Diagram “B” in the Appendix following this title, except for ninety degree (90°) parking in which the parking aisle shall be thirty-two (32) feet minimum. Designated fire lanes shall provide fire ladder truck maneuvering in accordance with Diagram “G” in the Appendix following this title.[7]
[7]
Editor's Note: The Appendix: Parking Standards; Diagrams A through G is included as an attachment to this title.
4.
All developments zoned commercial and industrial shall be designed with the following:
a.
At least one (1) driveway approach capable of accommodating a forty-eight (48) foot wheel track turning radius. (Please see accompanying Diagram “D” in the Appendix following this title.)
b.
At least one (1) on-site maneuvering area which provides a forty-eight (48) foot turning radius wheel track through the parking area. (Please see accompanying Diagram “E” in the Appendix following this title.)
c.
All loading doors shall not be visible from a public street.
F.
Valet parking operations. Any person wishing to operate valet parking services shall obtain approval of a Minor Conditional Use Permit in accordance with the provisions of § 20.408.030 of this title.
1.
All requests for valet parking must be accompanied by a Valet Parking Management Plan that demonstrates that the service will not result in insufficient or inadequate parking for the site by providing, at minimum, the following information:
a.
The business name, address, and location of service;
b.
The valet parking area and proposed number of parking spaces;
c.
The number of employees and hours of operation;
d.
The proposed routes of vehicle and pedestrian travel, pick-up and unloading areas;
e.
The location of proposed signs and associated equipment; and
f.
Parking analysis for all businesses located on the property, if located within a larger shopping center.
G.
Exceptions or modifications to off-street parking requirements. An exception to or modification of the off-street parking requirements of this section may be granted to avoid circumstances where they might be excessive due to the use involved or other relevant circumstances, but only if such exemption or modification is consistent with the intent and purpose of this section.
1.
Exceptions or modifications for multi-family developments require approval of a minor modification in accordance with the provisions of § 20.408.020 of this title. Pursuant to § 20.408.020.B.2., such requests shall be subject to the review and approval of the Director.
a.
Notice of decision shall be sent by first class mail or delivered by a city employee to property owners within five hundred (500) feet of the subject property. Pursuant to Chapter 20.424, all decisions of the Director made under this provision of this title are appealable to the Planning Commission.
2.
Exceptions or modifications for all projects that are not multi-family developments require approval of a conditional use permit in accordance with the provisions of § 20.408.030 of this title.
3.
All requests for an exception or modification must be accompanied by a Parking Demand Study prepared by a licensed professional that demonstrates approval of the exception or modification will not result in insufficient or inadequate parking and meets the following requirements:
a.
The Parking Demand Study must at a minimum include: (1) the otherwise applicable parking requirements under § 20.08.040 of this title; (2) any otherwise applicable parking requirements under any entitlement, zoning requirement, or other approval previously approved by the City; (3) a comparative analysis of parking on the site with and without the requested exception or modification; and (4) a Parking Management Plan and/or Transportation Demand Management program, if deemed necessary by the Director.
b.
A Parking Demand Study for a multi-family development may utilize the Urban Land Institute's Shared Parking methodology or any other reasonably similar methodology shown to be applicable if the project: (1) is either part of a mixed-use development or located in a mixed-use setting conducive to shared parking; and (2) incorporates both features that promote active transportation (e.g., walking and cycling) and convenient access to public transit.
H.
Parking requirements not specified. In the event this section does not specify any parking space requirement for any specific use otherwise allowed under this title, the Director shall determine the parking requirements for such use.
(Ord. 425, 10-14-1968; Ord. 707, 12-23-1980; Ord. 708, 1-20-1981; Ord. 720, 10-6-1981; Ord. 741, 6-21-1983; Ord. 782, 10-15-1985; Ord. 916, 2-18-1992; Ord. 965, 4-4-1995; Ord. 1092, 5-16-2006; Ord. 1128, 10-20-2009; Ord. 1154, 6-21-2011; Ord. 1203, 2-20-2018; Ord. 1222, 11-2-2021; Ord. 1241, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025; Ord. 1269, 12/2/2025)
§ 20.08.050 Transportation demand management requirements.
A.
The provisions of this section are intended to meet the requirements of Cal. Gov't Code § 65089(b)(3) which requires development of a trip-reduction and travel-demand element to the Congestion Management Plan, and Cal. Gov't Code § 65089.3(b) which requires adoption and implementation of Trip-Reduction and Travel-Demand Ordinance. New commercial, retail, office, manufacturing, industrial, mixed-use development including employment centers of fifty (50) persons or more may adversely impact existing transportation and parking facilities, resulting in increased motor vehicles emissions, deteriorating levels of service, and possibly significant additional capital expenditures to augment and improve the existing transportation system. In order to more efficiently utilize the existing and planned transportation system and to reduce vehicle emissions, it is the policy of the city to:
1.
Promote and encourage the use of alternative transportation modes such as ridesharing, carpools, vanpools, public bus, rail transit, bicycles, and walking, as well as those facilities that support such modes.
2.
Promote coordinated implementation of strategies on a countywide basis to reduce transportation demand.
3.
Recommend and encourage membership in the North Orange County Transportation Management Association.
B.
Applicability. For purposes of determining whether a new development project is subject to this section, the total employment figure will be determined as follows:
1.
Employment projections developed by the project applicant, subject to approval by the city; or
2.
Employment projections developed by the city, using the following employee generation factors by type of use.
Land Use Category | Gross Sq. Ft./Employee |
|---|---|
Commercial | |
Regional | 500 |
Community | 500 |
Neighborhood | 500 |
Office/Professional | 250 |
Industrial | 525 |
Hotel | 0.8-1.2/room |
* The employment projection for a development of mixed- or multiple-uses shall be calculated on a case-by-case basis based upon the proportion of development devoted to each type of use. | |
C.
Facility standards.
1.
All applicable developments shall be reviewed to determine whether application of each of the facility standards specified in this section is appropriate. This determination, and any revisions to requirements within each standard, shall be made by the Development Services Director, or his or her designee, based upon review of the design characteristics and other features of the project as proposed in the site development plan. Improvements needed to meet those standards shall be incorporated into the site development plan.
2.
Preferential parking for carpool/vanpool vehicles.
a.
Using the specified percentages and dates below, employee parking spaces shall be reserved and designated for carpool or vanpool vehicles by marking such spaces “carpool only” or “vanpool only.”
Eight percent (8%) until 1992 |
Ten percent (10%) until 1994 |
Twelve percent (12%) after 1994 |
b.
The total number of employee parking spaces shall be determined using the following factors by type of use as specified in § 20.08.040.D. of this chapter.
Type of Use | Percent of Total Parking Devoted to Employee |
|---|---|
Commercial | |
- Regional | 30% |
- Community | 30% |
- Neighborhood | 30% |
Office/Professional | 85% |
Industrial | 90% |
Hotel | 30% |
c.
Carpool spaces shall be used only by carpool vehicles in which at least two (2) of the persons are employees or tenants of the proposed project.
d.
Vanpool spaces shall be used by vanpool vehicles serving the employees or tenants of the proposed project. The vanpool parking space shall be a minimum of nine and one-half (9½) feet wide and nineteen (19) feet long.
e.
Where applicable, vanpool accessibility shall include a minimum of eight-foot vertical clearance for those parking spaces and ramps to be used by such vehicles.
f.
Such carpool/vanpool spaces shall be located near the building's employee entrance(s) or at other preferential locations within the employee parking areas as approved by the Development Services Director, or his or her designee.
3.
Bicycle parking, shower, and locker facilities.
a.
Bicycle parking shall be provided in a secure location for use by employees or tenants who commute to the site by bicycle. The number of bicycle storage spaces shall be a minimum of five (5) bicycle storage spaces. Additional bicycle storage spaces shall be provided as needed.
b.
Locker facilities shall be provided for tenants or employees who ride bicycles at the rate of at least two (2) lockers for every two hundred fifty (250) employees.
c.
A minimum of two (2) shower facilities shall be provided, one (1) each for men and women, after two hundred fifty (250) employees. These facilities shall be available to all building employees.
d.
These locker, shower, and bicycle storage facilities should be provided in a central location for use by the employees/tenants of the building(s).
4.
Rideshare vehicle loading areas. The need for design and location of passenger loading areas to embark and disembark passengers from rideshare vehicles shall be reviewed by the Development Services Director, or his or her designee. Generally, the passenger loading areas shall be located as close as possible to the building's employee entrance(s), and should be designed in a manner that does not impede vehicular circulation in the parking area.
5.
Bus stop improvements.
a.
Bus stop improvements including bus pullouts, bus pads, and right-of-way for bus shelters shall be required for all applicable developments that are located along established bus routes.
D.
Ordinance implementation and monitoring. Plan review.
1.
During the plan review process for all site plans, compliance with facility standards as defined in this section shall be reviewed.
2.
All facility standards required by this section shall be completed prior to issuance of building permits.
3.
Periodic checks of the applicable developments shall be made after completion of the projects to ensure continued compliance with this section.
(Ord. 905, 5-21-1991)
§ 20.08.060 Corner cut-off areas.
The following regulations shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cut-off areas established herein.
A.
There shall be a corner cut-off area at all intersecting and intercepting streets or highways. The cut-off line shall be in a horizontal plane, making an angle of forty-five degrees (45°) with the side, front, or rear property line, as the case may be. It shall pass through the points located on both side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.
B.
There shall be a corner cut-off area on each side of any private driveway intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle of forty-five degrees (45°) with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street or alley right-of-way.
C.
There shall be a corner cut-off area on each side of any alley intersecting a street or alley. The cut-off lines shall be in a horizontal plane, making an angle at forty-five degrees (45°) with the side, front, or rear property line, as the case may be. They shall pass through a point not less than ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.
D.
Where, due to an irregular lot shape, a line at a forty-five degree (45°) angle does not provide for intersection visibility, said corner cut-off shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side property line that is not less than thirty (30) feet from said intersection of the side and front (or rear) property lines.
(Ord. 425, 10-14-1968)
§ 20.08.070 Utility service lines - Underground.
In those areas zoned industrial, all utility service lines for any utility service to any lot from the distribution line of the utility in any street or easement area shall be underground, including, but not limited to, electricity, gas, water, telephone and cable TV. The provisions hereof shall apply notwithstanding whether said distribution lines in the public streets or other easements are or are not underground, but as to existing developed properties already having the particular utility service, the requirements of this section shall apply only when and as there is an addition of building area of twenty-five percent (25%) or more, or the requirement is otherwise imposed pursuant to other provisions of law or ordinance.
(Ord. 531, 12-4-1973)
§ 20.11.010 Intent and purpose.
The intent and purpose of this chapter is to designate permitted land uses for the various zoning districts and to specify the type of city approval required for each use.
(Ord. 1241, 8-15-2023)
§ 20.11.020 Land uses.
The land uses made part of this chapter shall be interpreted consistent with the principles and rules set forth as follows:
A.
Designations. The allowable uses in Table 20.11.020.A[1] are established for base zoning districts by letter designations as follows:
1.
"P" designates classes of uses permitted;
2.
"C" designates classes of uses permitted with a conditional use permit;
3.
"M" designates classes of uses permitted with a minor conditional use permit;
4.
"--" designates classes of uses that are prohibited.
[1]
Editor's Note: Table 20.11.020.A is included as an attachment to this title.
B.
Overlay districts. Generally, the provisions of the zone to which an overlay zone is added shall apply. Refer to respective chapters of the overlay districts for additional requirements and provisions.
C.
Unlisted uses. The Community Development Director has the authority to make an interpretation whether a specific proposed use fits within or similar to an existing use class as either a permitted or conditionally permitted use. If the Director determines that an unlisted use does not fit within or is not similar to an existing use class, such use may be considered under procedures of § 20.408.010 (Administrative Interpretation) in Chapter 20.408 (Administrative Procedures) of this Title.
D.
Special provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Table 20.11.020.A. Such provisions may include references to other applicable code sections, or limitations to the specified land use.
F.
Housing opportunity sites. Dwellings, multiple-family use in which 20% or more of the units are affordable to lower income households shall be permitted by right on properties designated as Focused Development Sites in the city's 2021-2029 Housing Element (6th Cycle). Development shall meet all of the requirements of the respective zone in which such sites are located in unless otherwise permitted by this title, and shall comply with the provisions of applicable environmental documents for such site, if any. For other Focused Development Site standards, see Section 20.258.010D of this title.
(Ord. 1241, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1250, 5-21-2024; Ord. 1254, 3-18-2025; Ord. 1269, 12/2/2025)
§ 20.12.010 Intent and purpose.
The residential condominium and residential condominium conversion chapter is to establish criteria for the conversion of existing multiple family rental housing to condominiums.
(Ord. 664, 11-8-1978)
§ 20.12.020 Permits required.
A.
Residential condominiums and residential condominium conversions shall be permitted in appropriately zoned districts within the city subject to the issuance of a conditional use permit pursuant to the subdivision.
B.
In addition to those notified of a public hearing in accordance with § 20.408.030 of this title, all tenants, if any, then occupying the proposed conversion site shall be notified in writing of the public hearing. A complete list of tenants shall be supplied by the applicant.
(Ord. 664, 11-8-1978)
§ 20.12.030 Development standards.
All units constructed prior to the adoption of this chapter shall be in substantial accordance with development standards as set forth herein and all units constructed subsequent to the adoption of this chapter shall be in full compliance with said development standards.
A.
Off-street parking requirements shall be as specified in the applicable zoning district and § 20.08.040 of this title.
B.
A single area having a minimum of two hundred (200) cubic feet of private and secure dead storage space shall be provided for each unit. Said storage area may be located within the garage, provided it does not interfere with garage use for automobile parking. Customary closets and cupboards within the dwelling unit shall not count toward meeting this requirement.
C.
No living units shall be permitted over garages unless one of the following conditions exist: the garage serves the unit above; or the garage is an underground type parking garage.
D.
An adjoining private patio or deck shall be provided for each unit. No dimension shall be less than eight (8) feet, nor have a minimum area of less than one hundred (100) square feet.
E.
One hundred (100) square feet of developed common recreation space shall be provided per unit, but in no event less than one thousand (1,000) square feet for the condominium project.
F.
Separate laundry facilities of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit. If provided for in the garage, said facility shall not encroach into the required parking space.
G.
The consumption of gas, water and electricity within each dwelling unit shall have a separate shutoff device to disconnect each unit's utilities, unless utilities are provided by the homeowners association.
H.
All permanent mechanical equipment, including domestic appliances, which is determined by the Building Official to be a source or potential source of vibration or noise, shall be shock-mounted, isolated from the floor and ceiling, or otherwise installed in a manner approved by the Building Official to lessen the transmission vibration and noise.
I.
The city shall require the developer to upgrade the project's water delivery system to comply with the city's current fire flow requirements.
J.
All structures and buildings included as part of a condominium project shall conform to the building and zoning requirements applicable to the zone wherein the project is proposed to be located. Designation of individual condominium units shall not be deemed to reduce or eliminate any of the building and zoning requirements applicable to any such buildings or structures.
K.
Prior to issuance of a building permit for any stacked or attached residential unit, the applicant shall submit an acoustical analysis or equivalent acceptable to the City Planner demonstrating interior noise levels will conform to the standard of 45 dBA CNEL, or a level deemed equal or better by the Building Official. All required noise reduction measures shall be incorporated into building plans in a manner meeting the approval and satisfaction of the Building Official and the City Planner.
(Ord. 664, 11-8-1978; Ord. 669, 1-2-1979; Ord. 1184, 9-20-2016)
§ 20.12.040 Plan review.
All physical changes, alterations, and or improvements to the project site that require issuance of a building permit shall be subject to the provisions of § 20.408.040 of this title.
(Ord. 664, 11-8-1978; Ord. 963, 1-17-1995)
§ 20.12.050 Application procedures.
A conditional use permit application signed by the property owner(s) or the authorized agent shall be submitted to the Development Services Department. Said application shall be accompanied by twenty (20) copies of a precise development plan showing the following details:
A.
The estimated square footage of each unit and number of rooms in each unit.
B.
The layout of all common areas.
C.
The layout and location of all storage space outside of each unit.
D.
The layout and location of all facilities and amenities provided within the common area for the enjoyment and use of the unit owners.
E.
The layout of all parking spaces to be used in conjunction with each condominium unit.
F.
Proposed landscaping and irrigation.
G.
Building elevations.
H.
Location, height and type of all walls and fences.
I.
Location and type of surfacing of all driveways, pedestrian walk-ways, vehicular parking areas and curb cuts.
J.
Trash enclosure details.
K.
Define maintenance responsibility of all buildings and common areas.
L.
Covenants, Conditions and Restrictions (CC & R's).
(Ord. 664, 11-8-1978)
§ 20.12.060 General provisions.
A.
Payment of all development fees currently assessed for new condominium projects shall be required for condominium conversions as well, except any such fees which were paid upon construction of the project. Required development fees shall include, where applicable, but not be limited to drainage assessment, parkway trees and park dedication in-lieu fees.
B.
A proposed condominium or condominium conversion project may be approved, disapproved or conditionally approved by the Planning Commission in accordance with criteria as set forth in § 20.408.030 of this title.
(Ord. 664, 11-8-1978)
§ 20.16.010 Intent and purpose.
The intent of this section is as follows:
A.
To encourage within the density standards of the General Plan and zoning code the development of a more desirable living environment by application of modern site planning techniques and building groupings or arrangements that are not permitted through strict application of the present zoning and subdivision ordinances.
B.
To encourage the reservation of greater open space for visual enjoyment and recreational use.
C.
To encourage a more efficient, aesthetic and desirable use of land.
D.
To encourage variety in the physical development patterns of the city.
(Ord. 425, 10-14-1968)
§ 20.16.020 Uses permitted.
Only those uses permitted in the zone shall be permitted under conditions of this chapter.
(Ord. 425, 10-14-1968)
§ 20.16.030 Development regulations.
Any project developed pursuant to this chapter shall comply with the following regulations and any permit issued shall be subject to such provisions established as conditions of approval.
A.
Area of project. Planned Unit Development projects shall not be less than five (5) acres in total area.
B.
Maximum dwelling unit density. The dwelling unit density shall not exceed a number of units determined by dividing the total net area of the project by the minimum lot area requirements of the zone.
C.
Minimum area and dimensions of lots. The area, width and depth of individually owned parcels of land within the development shall be established as a condition of approval. The following conditions shall be reviewed before approval of the project is recommended by the Commission:
D.
Yards and setbacks.
1.
Front, side, and rear yards shall be established as a condition of approval. Building lines shall be indicated on the approved site plan map.
2.
All buildings shall set back from all perimeter lines of the project a distance not less than the height of the building. Greater perimeter setbacks may be required as a condition of approval.
E.
Distance between buildings. The distance between any two (2) buildings within the project shall be established as a condition of approval, but shall not be less than ten (10) feet between the edge of the eaves.
F.
Maximum building height. The maximum building height permitted in the zone shall apply.
H.
Walls, fences and landscaping.
1.
The Commission may require appropriate walls, fencing and landscaping around the perimeter of the project.
2.
A landscaping plan for all common open areas shall be submitted with the other plans. Approval of the landscape element shall include approval of an acceptable watering system, and assurance of continued maintenance.
I.
Signs. The provisions of the zone in which the project is located shall apply.
J.
Access.
1.
Vehicular access shall be subject to review and approval of the Planning Commission.
2.
Pedestrian access to common areas - all pedestrian access to common recreation and open areas shall be subject to review and approval of the Planning Commission. Review shall include but not be limited to the following:
a.
Distance from common area to dwelling to be served shall not exceed a reasonable walking distance, if possible, not crossing any dedicated street or any privately owned property.
b.
All pathways between private and common elements of the project shall be maintained as a common element to whatever standards the Commission may deem necessary to ensure adequate maintenance and privacy to all abutting dwellings.
K.
Minimum dwelling unit floor area. The minimum floor area for each dwelling unit shall not be less than the requirements established by the zone.
L.
Common open space elements. The Planning Commission shall review and approve the location, intent, landscape treatment and method of maintaining each common open space or recreational elements proposed. The Commission may require as condition of approval such improvements, fencing, walls, or landscaping necessary to protect abutting residential development.
M.
Other conditions. The Planning Commission may require other conditions of approval in keeping with the intent and purpose of this chapter, and the principles of Planned Unit Development.
(Ord. 425, 10-14-1968)
§ 20.16.040 Procedures.
The provisions of the conditional use permit, § 20.408.030 of this title, shall apply. The applicant shall be required to pay appropriate fees as determined by City Council resolution for processing an application for Residential Planned Unit Development.
(Ord. 425, 10-14-1968; Ord. 662, 9-5-1978)
§ 20.20.010 Compliance required.
All uses established or placed into operation after the effective date of this zoning code, shall comply at all times hereafter with the following limitations or performance standards. All uses actually established and in operation on the effective date of this zoning code shall be made to comply with the following limitations or performance standards.
(Ord. 425, 10-14-1968)
§ 20.20.020 Fire and explosion hazards.
The storage and handling of flammable liquids, liquefied petroleum gases and explosives shall comply with the state rules and regulations and ordinances of the city.
(Ord. 425, 10-14-1968)
§ 20.20.030 Radioactivity or electrical disturbance.
Devices which radiate electromagnetic and/or atomic energy shall be so operated to conform with all applicable Federal Communication Commission and Atomic Energy Commission regulations.
(Ord. 425, 10-14-1968)
§ 20.20.040 Vibration.
Every use shall be so operated that the ground vibration inherently and recurrently generated does not cause a displacement of the earth greater than .003 of one (1) inch as measured at the property line of the subject use.
(Ord. 425, 10-14-1968)
§ 20.20.050 Emission of dust, smoke and odors.
The emission of dust, smoke and odors shall conform to standards established by the Orange County Air Pollution Control District. Every use shall be so operated that it does not emit dust, or odor in such quantities or degree as to be readily detectable on any boundary line of the lot on which the use is located.
(Ord. 425, 10-14-1968)
§ 20.20.060 Glare.
Glare from arc welding, acetylene torch cutting or similar processes shall be performed so as not to be seen from any point beyond the outside of the property.
(Ord. 425, 10-14-1968)
§ 20.20.070 Non-commercial kennel conditional use permit; procedure; grounds for refusal or revocation.
Special permits required by this Division I shall be applied for to the Planning Commission by uniform application filed with the Development Services Department and the Planning Commission shall have a reasonable time in which to cause an investigation to be made, and if it appears after investigation that the keeping of such animals, fowl, birds or pigeons at the location applied for under prevailing conditions will be a nuisance, a menace to health or interfere with the comfortable enjoyment of life or property, then the permit shall be refused, and any permit granted is revocable for cause.
(Ord. 425, 10-14-1968; Ord. 915, 11-5-1991)
§ 20.24.010 Intent and purpose.
Within the zones established by this zoning code or amendments that may later be adopted, there exist or will exist lots, structures, and uses of land and structures which were lawful before the adoption or amendment of this zoning code, but which no longer comply. The intent of this chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their survival. Such uses and structures are declared to be incompatible with permitted uses, structures and standards in the zones involved, and it is intended that they shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as may be expressly permitted in this chapter.
(Ord. 425, 10-14-1968)
§ 20.24.020 Adding new uses and structures.
When a nonconforming use or structure exists on any lot or parcel of land, no new use or structure may be established or built on such land unless the required lot area, dimensions, yards and open spaces are provided for each existing and proposed use, structure and improvement. These uses shall be so located that the lot or parcel of land, if divided into smaller lots or parcels, each of said parcels will contain the area, dimensions, yards and open space required and the number and location of structures on each will comply with the requirements of this title when considered as a separate lot or parcel. In instances where there is the intent to divide or subdivide, additional conforming structures shall not be permitted until after the parcel has been divided or subdivided in accordance with law. Access acceptable to the city shall be provided to all lots where such division is permitted.
(Ord. 425, 10-14-1968)
§ 20.24.030 Change to another nonconforming use.
The nonconforming use of a structure or land shall not be changed to another nonconforming use except as expressly permitted in this chapter.
(Ord. 425, 10-14-1968)
§ 20.24.040 Development of nonconforming land.
Lots of record in residential zone. In any residential zone a dwelling and accessory buildings of the type permitted in such zone may be erected on any single lot lawfully created and of record on the effective date of the adoption or amendment of this zoning code, notwithstanding limitations on lot area, width or depth imposed by other provisions of the zoning code. Yard and outdoor living and open space requirements shall be complied with unless waived by variance.
(Ord. 425, 10-14-1968)
§ 20.24.050 Continuation of nonconforming use of land and structures.
A.
Continuation of nonconforming use of land. A lawful use of land made no longer permissible under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
Such use shall not be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this zoning code or applicable amendment.
2.
Such use shall not be moved in whole or in part to any portion of the lot or parcel of land occupied by such use on the effective date of this zoning code or applicable amendment.
3.
If such use ceases for any reason for a period of more than six (6) consecutive calendar months, any subsequent use of such land shall conform to the requirements of this title for the zone in which it is located.
4.
If provision is made for the termination of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
B.
Continuation of nonconforming use of structure. A lawful use of a structure, or of a structure and land in combination, under the terms of this zoning code as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
No existing structure devoted to a use not permitted by this title in the zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the zone in which it is located and except as specifically provided for in this title.
2.
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this zoning code, but no such use shall be extended to occupy any land outside such building.
3.
If no structural alterations are made, any nonconforming use of a structure, or structure and land, may be changed to another nonconforming use provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is no more detrimental to the zone than the existing nonconforming use. In permitting such change, the Commission may require appropriate conditions and safeguards.
4.
Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such structure is located, and the nonconforming use may not thereafter be resumed.
5.
When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six (6) consecutive calendar months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zone in which it is located.
6.
Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall thereafter compel the discontinuance of the nonconforming use of the land. Destruction for the purpose of this paragraph means damage to an extent of more than fifty percent (50%) of the replacement cost of the structure immediately prior to destruction.
7.
When a nonconforming use of a structure is replaced by a more restrictive nonconforming use, the occupancy may not thereafter revert to a less restrictive use.
8.
If provision is made for the termination date of such use, any use of such land after termination shall conform to the requirements of this title for the zone in which it is located.
(Ord. 425, 10-14-1968)
§ 20.24.060 Continuation of nonconforming structures.
A.
Any structure made nonconforming by this title as adopted or amended may be continued so long as it remains otherwise lawful, subject to the following provisions:
1.
Such structure may not be enlarged or altered in a way which increases its nonconformity, except as specifically provided for by this title.
2.
Should such structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost immediately prior to destruction, it shall not be reconstructed except in conformity with the provisions of this title.
3.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located.
4.
Such structure may be repaired provided: the work consists only of the repair and replacement of nonbearing walls, fixtures, wiring or plumbing; and where the aggregate costs do not exceed the current assessed value of the improvements; and where the cubic space within the structure as it existed at the time of adoption or amendment of this zoning code is not increased.
5.
If provision is made for the termination of such structure or its nonconforming characteristics, any use of such land after the termination date shall conform to the requirements of this title for the zone in which it is located.
B.
Notwithstanding any of the foregoing provisions of this section or any other section of this chapter, a nonconforming structure shall not be changed in its utilization to another use in any land use zone until the said structure meets all applicable requirements for new construction for said use under the various ordinances and code provisions of this city then in effect, including but not limited to Building and Fire Code provisions and property development standards for the particular zone.
C.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city or state official charged with protecting the public health or safety, upon order of such official.
(Ord. 425, 10-14-1968; Ord. 444, 7-14-1969)
§ 20.24.070 Cost of replacement.
In the absence of proof to the contrary, replacement cost as used in this chapter shall mean four (4) times the assessed value of the structure at the time of the destruction.
(Ord. 425, 10-14-1968)
§ 20.24.080 Completion of building.
A.
Any structure for which a valid building permit has been granted prior to the adoption of this zoning code or amendment thereto, as the case may be, and the actual construction of which has been started prior to the effective date of this zoning code or amendment, may be completed in accordance with the plans and specifications on file in the Building Department, even though not conforming with the provisions of this title or amendments thereto, as the case may be, provided:
B.
Actual construction shall be deemed to have started when construction materials have been placed in permanent position and have been permanently fastened. Excavation which has been substantially begun preparatory to rebuilding shall be deemed to be actual construction if carried on diligently to and including rebuilding.
(Ord. 425, 10-14-1968)
§ 20.24.090 Additions and alterations to nonconforming public use.
Additions, extensions and alterations may be made to any nonconforming public use, including but not limited to schools, parks, libraries and fire stations, if the addition, extension or alteration:
A.
Does not extend beyond the boundaries of the site in existence when the use became nonconforming; and
B.
Does not infringe upon any off-street parking required by this chapter.
(Ord. 425, 10-14-1968)
§ 20.24.100 Nonconforming off-street parking and loading facilities.
A.
Existing conforming buildings whose off-street parking and loading facilities do not conform to the provisions of this title may only be expanded or facilities added, provided that the requirements for off-street parking and loading spaces have been complied with for those facilities which are added and enlarged.
B.
Any single-family dwelling which does not conform to the provisions of this title may be expanded without providing additional parking spaces only if the addition or alteration increases the original residential floor area by the lesser of:
(Ord. 425, 10-14-1968; Ord. 1269, 12/2/2025)
§ 20.24.110 Uses under variance, minor conditional use permit, or conditional use permit.
Uses and buildings which are existing under a variance, minor conditional use permit, or a conditional use permit granted under this title or any previous ordinance shall not be considered as nonconforming and shall be permitted to continue under the conditions and regulations imposed in such permit or variance and may be expanded or enlarged upon first obtaining a conditional use permit or a minor conditional use permit, as applicable, under the provisions of § 20.408.030 of this title.
(Ord. 425, 10-14-1968; Ord. 1250, 5-21-2024)
§ 20.24.120 Conduct terminating nonconforming use.
The right to continue a nonconforming use shall terminate as follows:
A.
Changing such use to another use not permitted in the zone, except as expressly permitted in this chapter.
B.
Increasing or enlarging the area, space or volume occupied or devoted to such use, except as expressly permitted in this chapter.
C.
Adding a conforming or nonconforming use, except as permitted in this chapter.
(Ord. 425, 10-14-1968)
§ 20.24.130 Termination of nonconforming use and structures.
A.
The nonconforming uses and structures are found to be a public nuisance.
B.
The nonconforming uses and structures are in violation of any applicable law.
C.
The nonconforming uses and structures meet any of the conditions that triggers termination as specified in this chapter.
(Ord. 425, 10-14-1968; Ord. 1254, 3-18-2025)
§ 20.24.135 Nonconforming signs.
A.
Any nonconforming sign that does not conform to provisions of Chapter 20.28 of this title shall be permitted to continue, provided that any structural change or alteration that requires a building permit or other permit is not made to the sign.
1.
If any structural change or alteration of any sign that requires a building or other permit is proposed, such request shall be subject to the approval of the Planning Commission, through a conditional use permit proceeding as prescribed in § 20.408.030.
a.
Findings. In lieu of other conditional use permit findings required by this zoning code, before the approval authority, or City Council on appeal, may approve a conditional use permit for a structural change or alteration of a nonconforming sign, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:
i.
That the proposed modifications to the sign do not increase the height or area of sign copy and bring the sign closer to conformity with the code;
ii.
That the changes proposed improve the aesthetics of the sign; and
iii.
That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the public.
(Ord. 1254, 3-18-2025)
§ 20.24.140 Termination of certain nonconforming uses and annexed structures.
A.
For any nonconforming building annexed to the city after October 14, 1968, the time periods as established in this chapter, shall become operative and date of removal shall be computed from the date the building became part of the city.
B.
For any nonconforming use or structure as set forth in this chapter which was annexed to the city after the effective date of this zoning code or amendment thereto, the time periods as established shall become operative and computed from the date the use or structure became part of the city.
(Ord. 425, 10-14-1968)
§ 20.24.150 Revocation of nonconforming use or structure.
The Council may, after notice and public hearing, revoke the right to continue a nonconforming use or structure, as follows:
A.
Notice. Notice shall be mailed to the recorded owner of the property not less than twenty (20) days before the date of the public hearing. The notice shall state the facts concerning the impending action and shall request appearance by said owner at the time and place specified for the hearing, to show cause why the permit should not be revoked.
B.
Council action. Within fifteen (15) days after the public hearing, the Council may by resolution revoke or modify the nonconforming status of the use or structure.
(Ord. 425, 10-14-1968)
§ 20.24.160 Public utility uses; exemption.
Nothing in this title pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal or so as to prevent the expansion, modernization, replacement, repair, maintenance, alteration, reconstruction or rebuilding and continued use of public utility buildings, structures, equipment and facilities, provided that there be no change of use nor enlargement of those areas so used.
(Ord. 425, 10-14-1968)
§ 20.24.170 Nonconforming uses.
Notwithstanding any other provisions of this zoning code, any nonconforming uses shall be maintained in accordance with the property development standards and requirements established for said use, including any and all specific plans heretofore or hereafter adopted.
(Ord. 425, 10-14-1968; Ord. 873, 9-5-1989)
§ 20.28.010 Purpose of chapter.
The regulation and control of the location, size, type, content, and number of signs permitted shall be governed by the provisions of this chapter. The purposes of this chapter shall be to protect public and private investments in buildings and open spaces; to preserve and improve the appearance of the city as a desirable environment in which to live and work; to create an attractive and pleasing atmosphere for nonresidents who come to visit or to trade; to further encourage sound signing practices as an aid to business; to provide better information to the public; to prevent excessive, conflicting, and confusing sign displays; to reduce hazards to motorists and pedestrians; and to promote to the maximum extent possible, the public health, safety, and general welfare of citizens of the city by regulating and controlling all matters relating to signs.
(Ord. 425, 10-14-1968)
§ 20.28.020 Classification of signs and definitions.
For the purposes of this chapter, signs within the city shall be classified in accordance with one or more of the following definitions:
A structure of any kind or character erected or maintained for outdoor advertising purposes upon which any poster, bill, printing, painting, or other advertising device must be placed. For purposes of this definition, a wall of a building may be considered an advertising structure if it is used for sign purposes.
Any sign designed to attract attention through movement or the semblance of movement of the whole or any part, including, but not limited to, signs which swing, twirl, revolve, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement, but not including flags, banners, or time or temperature signs.
Any sign permanent in character designed to accept changeable copy, handbills, posters, or matters of a similar nature.
Any publicly visible advertising display made of cloth, paper, plastic, cardboard, metal, or any other usually flexible material, affixed to a freestanding pole or attached to an advertising structure which may indicate the identity of or give or ask information about or convey a message, either directly or indirectly, about a person, entity, business, commodity, service, or idea, and which may move or appear to move with air currents.
Any sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered, or conducted on the lot or parcel upon which sign is located, or to which it is affixed. Nothing contained in this definition shall be construed to permit the erection or construction of a off-site advertising sign unless said off-site advertising sign is otherwise permitted.
Any freestanding sign which advertises or directs attention to a shopping center or area having three (3) or more separate businesses located on a single parcel or lot but which does not identify individual businesses or activities therein.
Copy for temporary use which copy is changed at periodic intervals which may be utilized on freestanding, wall, bulletin board, or announcement signs.
A complete set of site specific sign criteria for a multi-tenant development which demonstrates compatibility between building and signage in terms of architectural treatment, design, materials, and color.
Any sign stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners, directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers.
The text material of a sign including, but not limited to, letters, words, logos, and emblems.
The vertical measurement of the sign copy.
The horizontal measurement of the sign copy.
Any sign erected for the purpose of informing the viewer of the approximate route, direction or location of a given activity but shall not include signs used specifically for advertising on-site activities.
Any sign with two faces only, with each face oriented ninety to one hundred eighty degrees (90°- 180°) from the other, to include "V" shaped and "Ball" type signs.
A sign, building face, and/or any building or structural component that displays still images, scrolling images, or moving images, including video and animation, through the use of grid lights, cathode ray projections, light emitting diode displays, plasma screens, liquid crystal displays, fiber optics, or other electronic media or technology that is either independent of or attached to, integrated into, or projected onto a building or structural component, and that may be changed remotely through electronic means.
The wall of a building fronting on a street, excluding any appurtenances, such as projecting fins, columns, pilasters, canopies, marquees, showcases, or other architectural decorations but not including any parapet wall required by building or other similar locally adopted codes.
Any sign which contains or is illuminated by lights or devices which are intermittently on and off, change in intensity, or which creates the illusion of flashing in any manner.
Any self-supporting sign standing on the ground and in no way attached to any building or building extension. Freestanding signs include, but are not limited to:
Directory signs. Multi-tenant directory signs advertising two or more businesses or tenants within small and midsize development projects. On large projects, a maximum of one (1) directory sign shall be permitted. No more than six (6) businesses or tenants shall be advertised on a multi-tenant directory sign.
Monument signs. Monument signs are low-profile freestanding signs not exceeding six (6) feet in height. Such signs may include, but are not limited to:
Major tenant identification signs are street-oriented monument signs identifying a single major tenant in a development on a midsize lot, such as a supermarket, bank, or department store.
Commercial and industrial center identification signs are street orientated monument signs identifying the project (development) name only.
Marquee signs are characterized by changeable copy.
Ground signs. Ground signs are freestanding signs from six (6) to twelve (12) feet in height. The base structure-to-sign area proportion shall be a minimum of one-half (½) the length of the sign area. These signs may advertise a combination of major tenant(s) and center identification.
Directional signs. Directional signs are signs which inform the viewer of the approximate route, direction or location of a given activity.
An off-site advertising sign located within 500 feet of the SR-57 freeway right-of-way.
"Electronic freeway-oriented off-site advertising sign."
A freeway-oriented off-site advertising sign that employs digital message technology on at least one (1) display face and is capable of changing the static message or copy on the sign electronically, such that the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements can be changed or altered electronically. This includes billboards with displays that must be preprogrammed to display only certain types of information (i.e., time, date, temperature) and freeway oriented off-site advertising signs whose informational content can be changed or altered by means of computer-driven electronic impulses. This includes, without limitation, signs also known as digital billboards or LED billboards.
As utilized in this chapter, shall mean the length of a lot along each street or other public thoroughfare, but not including such length along an alley, railroad, or freeway.
The vertical distance from the uppermost point of the sign including any proposed or existing ornamentation to the ground or grade level immediately below such point or to the level of the upper surface of the nearest curb of a street or alley, whichever measurement permits the greater elevation of the sign.
Any sign upon which a source of light is used in order to make readable the message. This definition shall include internally and externally illuminated signs and reflectorized, glowing, or radiating signs.
An area specifically designated for plant materials which may be at, below, or above grade.
A development located on a lot or parcel with greater than two hundred fifty (250) lineal feet of street frontage.
A lot site or premise, building, wall or any place whatsoever upon which a sign is erected, constructed or maintained.
That which emits light.
A business occupying a substantial percentage of the total leasable square footage in a commercial and/or industrial development. The major tenant determination is made by the City Planner. Signage for no more than three (3) major tenants shall be permitted within a single development.
Any sign which is characterized by changeable copy whether said sign is a freestanding or a wall sign or whether said sign projects from or is supported by a building.
A development located on a lot or parcel with one hundred (100) to two hundred fifty (250) lineal feet of street frontage.
Any sign naming the occupant of the premises, his business and/or address.
Any sign which advertises or displays in any manner information about any business, industry, service, product, event, or pursuit not conducted on the parcel or lot on which the sign is erected or maintained. Such sign is commonly known as billboard signs.
Any sign painted directly on the exterior surface of a building or structure which has no raised borders, letters, characters, decorations, or illuminating appliances.
As utilized in this chapter, shall mean:
A parcel of real property which is shown as a single lot in a lawfully recorded subdivision approved pursuant to the provisions of the Subdivision Map Act (Cal. Bus. & Prof. Code, §§ 11500, et seq.); or
A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded Record of Survey map; or
A parcel of real property shown on a parcel map as a single lot lawfully recorded pursuant to the provisions of the Subdivision Map Act (Cal. Bus. & Prof. Code, §§ 11500, et seq.); or
Two (2) or more parcels of real property which are combined by an appropriately recorded written instrument or by common fee ownership and usage.
A freestanding sign where the sign area is supported by one (1) or more braces.
Any sign advocating the election of a specific candidate or candidates for political office or advocating a position with respect to a ballot issue or issues.
Any sign not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs, fence signs, and vehicle mounted signs.
Any portable sign or advertising device, temporary or otherwise, which is attached to or placed on the ground in any manner and may be visible from adjacent streets, highways, or neighboring property.
Any sign which is suspended from or supported by a building or wall and which projects more than twelve (12) inches from the building or wall.
Any sign and/or sign structure relating to the sale, lease, or other disposition of the real property on which the sign is located and which is temporary in nature.
Any sign erected, constructed, and maintained upon, or connected to, the roof of any building.
Any visible display of illumination or material which, either directly or indirectly, advertises, informs, or identifies persons, businesses, commodities, services, or ideas, including all forms of flags, streamers, pennants, banners, and all window signing.
The area in square feet of the smallest rectangle enclosing the total exterior surface of a sign having but one (1) exposed exterior surface; should the sign have more than one (1) surface, the sign area shall be the aggregate area of all sign surfaces measured as above.
Any supports, uprights, bracings, guy rods, cables, and frame work of a sign.
A development located on a lot or parcel with less than one hundred (100) lineal feet of street frontage.
Posting, sticking, tacking, affixing or placing of cloth, paper or cardboard bills, cards or posters of metal, plastic or other material to or upon fences, posts, trees, buildings or other structures or surfaces, other than approved advertising structures with or without the written consent of the owner, holder lessee, agent or trustee thereof on which such sniping is performed. "Sniping" shall not include any sign or notice issued by any court or public office or postings by a public officer in the normal performance of a public duty nor a private person serving legal notice.
Any non-illuminated sign constructed of paper, cloth, canvas, or other similar lightweight material, with or without frames, including painted windows, flags, streamers, pennants, banners and other signs not designed to be attached to a building or anchored to the ground, intended to be displayed for a period not to exceed forty-five (45) days.
A business which occupies a commercial and/or industrial building. The tenant may own, lease, or rent the space which it occupies or intends to occupy within an existing or new development.
Any illuminated or non-illuminated sign attached to the underside of a projecting canopy or a separate freestanding canopy which is attached perpendicular to the building frontage.
A sign which is attached to an exterior wall of any building or which is attached to any structure attached to the building. Wall-affixed signs include, but are not limited to:
Awning signs. Signs attached to, painted on, or applied to an awning or awning canopy.
Marquee signs. Signs characterized by changeable copy.
Parapet signs. Signs attached to a parapet, which is a low wall used to protect the edge of a roof from view.
Projecting signs. Signs which are suspended from or supported by a building or wall and which projects more than twelve (12) inches from the building or wall.
Wall signs. Signs which have one (1) display surface placed on or parallel to and in front of any exterior wall of the building, and which projects not more than twelve (12) inches from the wall or structure to which it is attached.
Any sign painted, attached, glued, or otherwise affixed to a window or otherwise easily visible from the exterior of the building.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1241, 8-15-2023)
§ 20.28.030 Administration and enforcement.
It shall be the duty of the Community Development Director or his or her authorized designee to enforce all the provisions of this chapter in accordance with the provisions of this Code and the currently adopted International Building Code.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.040 Permits required.
A.
Except as otherwise specifically provided in this chapter, no sign shall hereafter be erected, reerected, constructed or altered until a sign permit for the same has been issued by the person or body having final authority to do so or until a conditional use permit with respect to such sign has been finally granted by either the Planning Commission or the City Council in instances in which a conditional use permit is required.
B.
Where proposed signs are to be illuminated, a separate electrical permit shall be obtained. Where a permanent freestanding sign is proposed which exceeds one thousand ($1,000) dollars in valuation, is in excess of six (6) feet in height or, in the case of a permanent wall sign, is over twenty (20) square feet in area, a plan check fee in accordance with § 20.28.070.C. shall be required. This provision shall be applied to all signs classified as nonconforming after the effective date of this chapter.
(Ord. 425, 10-14-1968)
§ 20.28.045 Comprehensive sign programs.
A.
A comprehensive sign program shall be required for the following projects:
1.
A project with multiple occupancy consisting of two or more tenant spaces.
2.
A shopping center.
3.
A mixed-use development that consists of both residential and non-residential uses.
4.
Any other development on a site that is one acre or larger, excluding any stand-alone single-family residential project.
5.
Any project which a comprehensive sign program is specifically required by the provisions of the applicable zone or conditions of approval of a zoning entitlement.
B.
Review authority of comprehensive sign programs.
1.
All comprehensive sign programs shall be subject to the Plan Review process pursuant to § 20.408.040.
2.
Comprehensive sign programs that comply with the requirements of this chapter shall be subject to review and approval by the Community Development Director. If the comprehensive sign program is proposed as part of a project that requires Planning Commission approval, then the entire comprehensive sign program shall be subject to approval by the Planning Commission.
3.
If any of the signs do not comply with the requirements of this chapter, such comprehensive sign program shall be subject to approval of a conditional use permit.
C.
Performance standards. Comprehensive sign programs shall comply with the following performance standards:
1.
A comprehensive sign program shall describe the proposed type, number, size, location, design, and colors and materials for each sign within a development project.
2.
Each sign shall complement the architectural design, color, and materials of the main building or buildings upon the site, and shall be compatible with the character of existing or proposed improvements.
(Ord. 1247, 3-19-2024)
§ 20.28.050 Application for permits.
Applications for sign permits shall be made upon forms provided by the Community Development Director or his or her designee and shall contain, or have attached thereto, the following information and material:
A.
The name, address, and telephone number of the owner of the property.
B.
The name, address, and telephone number of the applicant (owner of the sign).
C.
The name, address, and telephone number of the sign contractor, if any.
D.
The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected.
E.
A site plan and elevations showing the:
1.
Sign height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent buildings or structures, and the method of illumination and materials proposed to be used.
2.
Location, size, and height of all signs and structures existing on or within one hundred (100) feet of the premises at the time of making such application.
3.
Structural details and calculations signed by a person competent and qualified to prepare such information if required by the Community Development Director or his or her designee.
F.
Photographs showing the premises and adjacent property at the time of making the application.
G.
Such other information as the Community Development Director or his or her designee shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the city.
(Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.060 Review of sign permit application.
A.
General. In the issuance of a sign permit, the factors noted below shall be utilized by the Community Development staff as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this chapter.
B.
Appeals. An appeal from a decision of the Community Development staff relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after mailing of notification to the applicant by the Community Development Director or his or her designee that any submitted sign proposal has been denied or modifications required in an effort to effect conformance with the noted guidelines. An appeal from the Planning Commission decision may be made to the City Council if such appeal is filed in writing with the City Clerk within ten (10) days after mailing of notification of the Planning Commission action.
C.
Guidelines.
1.
In determining the consistency of each proposed sign with the purposes of this chapter, the following guidelines shall be considered:
a.
That the proposed sign will be legible under normal viewing conditions, based on its location and the design of its visual element.
b.
That the proposed sign will not obscure from view or detract from existing sign, based on its location, shape, color and other similar considerations.
c.
That the proposed sign design aesthetics shall be compatible with surround architecture, colors, and street amenities, based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings.
d.
That the proposed structure, sign, or display will be so constructed that it will not constitute a physical safety hazard to the public.
e.
That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a freeway.
f.
Exceptions to these provisions. The provisions of this chapter, as the same relate to the constructions, erection, and maintenance of signs along freeways, shall not apply to any structure, sign, or display constructed, painted, or maintained when the advertising is limited to:
(1)
The name of the building whereon the sign is located; or
(2)
The name of the person, firm or corporation occupying the building and the type of business conducted by such person, firm, or corporation; or
(3)
The name of the product manufactured on the premises; or
(4)
Signs, structures, or displays which are limited to the advertising of the services or goods sold on the premises, but no such advertising structures, signs, or displays shall exceed thirty (30) square feet in area or have mechanical or moving parts; or
(5)
Directional warning or informational structures required or authorized by law; or
(6)
Official notices issued by any court or public body or officer.
2.
A sign permit shall be issued only for those signs which comply with the above guidelines.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.070 Fees.
A.
Every applicant, before the granting of a building permit, shall pay the city building permit fees based upon the valuation of the proposed sign as established by City Council resolution, as may be amended from time to time.
B.
Every applicant, before the granting of an electrical permit, shall pay the city electrical permit fees as established by City Council resolution, as may be amended from time to time.
C.
Signs exceeding one thousand ($1,000) dollars valuation shall require a plan checking fee payable at the time of plan submittal and equal to fifty percent (50%) of the sign permit fee.
D.
In addition to the other charges, a two ($2) dollar fee shall be paid for all signs requiring a permit to defray the cost of a metal tag to be placed on each such sign. Such tag shall be furnished by the city and shall include the sign permit number, approval date and/or expiration date for any sign constructed in compliance with the provisions of this chapter.
(Ord. 425, 10-14-1968)
§ 20.28.080 Signs not requiring a permit.
A.
The following signs, if non-illuminated, are allowed in all zones with no permit required:
2.
Charitable or educational signs not exceeding four (4) square feet in area, which are temporary in nature in accordance with time limitations permitted in § 20.28.090 of this chapter.
3.
Governmental or other legally required posters, notices, or signs.
5.
Flags, provided that:
a.
No more than three (3) flags are displayed per lot or parcel.
b.
No more than one (1) flagpole shall be installed per lot or parcel in single-family zoning districts, and no more than three (3) flagpoles shall be installed per lot or parcel in all other zones.
(1)
All flagpoles shall meet setback requirements of the underlying zoning district and shall not exceed 25 feet in height above finished grade if located on the ground, except the height is limited to 18 feet on properties developed with a single-family home. If located on the roof or attached to the building, the height of the flagpole shall not exceed ten (10) feet above the permitted building height of the zoning district.
(2)
A building permit shall be obtained for flagpoles if required by International Building Code.
6.
Traffic, directional, warning, or informational signs required or authorized by any public body.
7.
Names of buildings and date of erection when cut into a masonry surface, or made of incombustible material and not larger than eight (8) square feet, and similar memorial signs and markers.
8.
Signs erected in or near the city boundary which sign contains the name of the city and the name of, or any other information regarding civic, fraternal, or religious organizations located therein.
B.
In addition, permits shall not be required in the following situations:
1.
The changing of advertising copy or messages on bulletin boards and similar signs specifically designed for the use of replaceable or changeable copy, unless electrical alterations are made.
2.
Repainting and cleaning of a sign or advertising structure, unless a change in structure size, height, or location is made.
(Ord. 425, 10-14-1968; Ord. 1247, 3-19-2024)
§ 20.28.090 Temporary sign permits on private property - General.
A.
A temporary sign permit for signs intended as temporary display and advertising devices such as flags, streamers, banners, and spinners, and signs for businesses of a seasonal nature may be issued by the Community Development Director or his or her designee subject to the application requirements, subject to the following standards:
1.
Temporary 90-day permit. A temporary sign permit for existing, new, and future businesses may be issued for a period of time not to exceed 90 calendar days during any one (1) calendar year.
a.
Types of signs.
(1)
One (1) temporary banner mounted on the exterior wall of a building or structure. Such signs shall not occupy more than ten percent (10%) of the total outside wall area upon which the sign is located, exclusive of windows or door openings, or, one hundred (100) square feet whichever is less; OR
(2)
One (1) temporary, portable type sign, not exceeding twenty-four (24) square feet, which advertises special goods, services, or products offered on the site. Such sign must be placed within private property and is not allowed within the public right-of-way.
2.
Temporary once-per-week, eight (8) hour signs. A temporary sign permit may be issued for a six (6) month period for the once-per-week, eight (8) hour display of signs. Such signs shall be limited to a maximum of eight (8) hours commencing at the time of weekly sign installation. Such signs shall observe the additional following requirements:
a.
Permit frequency. No more than one approval of a once-per-week temporary sign permit shall be granted to any business or location per one (1) calendar year, for a maximum period of six (6) months.
b.
Forfeiture of 90-day permit. Any business or location approved for a once-per-week temporary sign permit shall forfeit its eligibility for the 90-day temporary sign permit prescribed by § 20.28.090.A.1. for the duration of the approval. A minimum of sixty (60) days shall be observed between the expiration of a once-per-week permit and any subsequent 90-day permit approval.
c.
Size of signs. Signs shall be limited to a maximum of six (6) square feet per side or face. No signs shall exceed a maximum of two (2) sides or faces.
d.
Number of signs. A maximum of two (2) signs shall be allowed.
e.
Height of signs. A maximum overall height of five (5) feet shall be allowed.
f.
Regular scheduled placement of signs. The applicant shall identify a specific, weekly, eight (8) hour display period which shall remain consistent through the permit period.
3.
Temporary sign permit for special events and seasonal businesses. A temporary sign permit for special signs and advertising devices such as flags, streamers, banners, and spinners, and event, business or commodity identification signs for special events and seasonal businesses may be issued for a period of time not to exceed the duration of such event or business, and not earlier than 45 days prior to such event or start date of such business, and must be removed within ten (10) days following such event.
a.
A separate temporary sign permit shall not be required if such signs meet the standards in this Section and are reviewed and approved as part of a separate planning entitlement, including but not limited to temporary use permits, entertainment permits, and conditional use permits.
B.
All temporary signs shall be subject to the following:
1.
Signs shall be made of durable, weather-resistant materials, and be continually maintained in good condition. Non-permanent materials, including, but not limited to paper, cardboard, posterboard, plastic laminates and similar materials shall not be used.
2.
Sign placement shall not be permitted within the public right-of-way, unless specifically permitted by § 20.28.095.
3.
When two or more tenants of a multiple-tenant property (i.e. shopping center) request overlapping display periods for any temporary signs, placement of such signs shall be coordinated to maintain an attractive, uncluttered, quality streetscape appearance.
4.
Signs shall be placed so as not to interfere with pedestrian and vehicular traffic or ADA accessibility.
C.
Any person applying for temporary sign shall file a request indicating size and type of sign and the proposed location thereof with the Community Development Director or his or her designee. The applicant shall be required to pay appropriate fees as determined by City Council resolution for processing such application.
D.
A grand opening banner shall be permitted without a temporary sign permit for new businesses as specified in § 20.28.110.C.
E.
Any applicant found to be in violation of this section shall, at a minimum, forfeit their ability to receive approval of a temporary sign permit for a period of sixty (60) days following any observed violation of this section.
(Ord. 877, 11-21-1989; Ord. 929, 10-20-1992; Ord. 986, 4-16-1996; Ord. 1012, 5-19-1998; Ord. 1028, 12-7-1999; Ord. 1247, 3-19-2024)
§ 20.28.095 Temporary signs in the public right-of-way.
A.
Government-sponsored events. Temporary banners for government-sponsored events are permitted on city street light poles, subject to review and approval of the Community Development Director and/or City Engineer. For this purpose, "government-sponsored event" means an event, activity, or meeting that the Community Development Director determines is organized or sponsored, in whole or in part, by the City or another government agency. Priority shall be given to City-sponsored events.
B.
Other temporary signs. No other temporary signs shall be allowed in the public right-of-way, excepting temporary portable signs approved as an accessory use pursuant to a valid temporary use permit, entertainment permit, film permit, or conditional use permit approved by the City. Such signs shall only be allowed in the public right-of-way areas located within or immediately adjacent to the location of the approved event or activity.
C.
Materials. Temporary signs in the public right-of-way shall be made of durable, weather-resistant materials, and be continually maintained in good condition. Non-permanent materials, including, but not limited to paper, cardboard, poster board, plastic laminates and similar materials, shall not be used.
D.
Encroachment permit required. All temporary signs within the public right-of-way shall be subject to an approval of an encroachment permit by the Public Works Department. No encroachment permit for a temporary sign shall be approved if the Public Works Director finds it is designed or will be displayed in a manner that will conflict with pedestrian or vehicular safety.
(Ord. 1247, 3-19-2024)
§ 20.28.100 Temporary searchlight permit.
A.
A temporary searchlight permit may be used for special events such as, but not limited to, grand openings and premiere showings. Such permits may be granted for a maximum period of ten (10) days. The ten (10) days may be consecutive or may occur within a thirty (30) day period. Such a temporary searchlight permit shall be granted one (1) time for any particular business or location.
B.
Any person applying for a temporary searchlight permit shall file a request indicating purpose, location, period of operation, time of operation, and any necessary information as determined by the Community Development Director or designee, of such searchlight, with the Community Development Director or designee. The applicant shall be required to pay appropriate fees as determined by City Council resolution for processing such application.
(Ord. 711, 4-7-1981; Ord. 1247, 3-19-2024)
§ 20.28.110 Signs permitted in all zones.
All of the signs listed hereinafter in this section shall be permitted in all zones subject to the following stated conditions:
A.
One (1) non-illuminated temporary construction or contractor's sign may be displayed for each residential, manufacturing or commercial development, provided that:
1.
Such sign shall not exceed eight (8) feet in overall height.
2.
Such sign shall not exceed fifty (50) square feet in area.
3.
Such sign shall be placed a minimum of five (5) feet inside the property line.
4.
Such sign shall be displayed after the issuance of a building permit until final inspection of the development or for a period of one (1) year, whichever is less.
5.
Such sign shall be designed and constructed in accordance with a Planning Commission approved design intended to be used consistently throughout the city for purposes of identifying projects or construction activities within the city.
6.
A one hundred ($100) dollar cash bond shall be posted with the City Treasurer or designee to guarantee removal of such sign. A right of entry permit shall also be included with such bond.
B.
One non-illuminated sign, not to exceed six (6) square feet in area, pertaining only to the sale, lease, or rental of the particular building, property, or premises upon which such sign is displayed.
C.
One grand-opening banner, for a period of time not to exceed thirty (30) calendar days, mounted on the exterior wall of a building or structure for new businesses. Such banners must be installed within ninety (90) days of issuance of a certificate of occupancy. Banners shall not occupy more than ten percent (10%) of the total outside wall area upon which the sign is located, exclusive of windows or door openings, or one hundred (100) square feet, whichever is less.
D.
Notwithstanding any other provisions of this chapter, the following signs shall be designed and constructed in accordance with the Planning Commission approved design intended to be used consistently throughout the city for purposes of identifying such facilities as noted in paragraph C.7. below.
1.
Official notices issued by any court, public body, or public officer.
2.
Notices posted by any public officer in the performance of a public duty or for any person in giving legal notice.
3.
Traffic, directional, warning, or informational signs required or authorized by any public body.
4.
Official signs used for emergency only.
5.
Permanent memorial or historical signs, plaques, or markers.
6.
A sign erected in or near the city boundary which sign contains the name of the city and the names of, or any other information regarding civic, fraternal, or religious organizations located therein.
7.
Signs not exceeding two (2) square feet erected for the convenience of the public such as signs identifying rest rooms, public telephone, walkways, and similar features or facilities.
(Ord. 425, 10-14-1968; Ord. 1247, 3-19-2024)
§ 20.28.120 Temporary off-site real estate for sale signs.
Temporary real estate directional signs, directing prospective purchasers to a subdivision having lots or houses for sale may be erected and maintained provided that such signs do not create a hazardous traffic condition or conditions and subject to the approval of the Planning Commission pursuant to those procedures set forth in this zoning code, governing the issuance of conditional use permits. An application for a permit for such a sign or signs shall comply with § 20.28.050 above and the criteria prescribed for the review of such signs shall include those criteria contained in § 20.28.060.C. and the criteria set forth.
A.
Location. Directional signs shall be permitted in all zones, on vacant property only, within one hundred (100) feet of a major or secondary highway subject to all of the following conditions:
1.
Each subdivision or land development within the city shall be permitted a maximum of four (4) directional signs within the city. Each land development outside of the city shall be permitted a maximum of two (2) directional signs which may be located within the city.
2.
The maximum number of directional signs permitted between two (2) intersections of arterial highways shall not exceed four (4). Where the distance between said intersection is less than three-eighths (€) of a mile, no more than two (2) signs shall be permitted.
3.
The minimum distance between directional signs shall not be less than five hundred (500) feet.
4.
Directional signs shall not be located within five hundred (500) feet of any existing freeway right-of-way.
5.
Directional signs shall be prohibited on Brea Boulevard between the city limits on the south, and State College Boulevard/Central Avenue on the north, and on Imperial Highway between the A-O4 Flood Channel on the west, and Castlegate Lane on the east.
6.
Directional signs shall not be located on any building, fence or wall.
B.
Size.
1.
The area of each face of a directional sign shall not exceed fifty (50) square feet.
2.
Maximum width permitted, eight (8) feet.
3.
Maximum length permitted, ten (10) feet.
4.
Maximum height permitted, sixteen (16) feet.
5.
Ground clearance shall not be more than eight (8) feet or less than five (5) feet.
C.
Bonds. A cash bond shall be posted in the amount of one hundred (100) dollars for each sign to guarantee removal of the sign upon expiration of the permit.
D.
Time limit. Each directional sign shall have a time limit of one (1) year from the date of authorization; provided, however, such limit may be extended by the Community Development Director or designee not to exceed two (2) successive periods of six (6) months each. Upon written request, the Planning Commission may authorize additional time extensions as deemed necessary.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.130 Temporary on-site real estate for sale signs and advertising devices.
Temporary real estate signs advertising real property which has been subdivided for the purposes of sale or lease shall be permitted in all zones without a permit fee, subject to the following conditions:
A.
The construction of any such sign shall be in strict compliance with the provisions of this chapter and all other laws of the city.
B.
The sign shall remain only as long as some portion of the property advertised for sale remains unsold, or for a period of two (2) years from the recordation of the final map, whichever period is shorter. Subject to review and approval by the Planning Commission, such time may be extended for additional one (1) year periods provided there is still a bona fide offering of lots in the subdivision for sale.
C.
The signs shall be located on the premises which they advertise.
D.
No sign shall exceed two hundred (200) square feet in area.
E.
Not more than two (2) such signs shall be permitted in any subdivision under twenty (20) acres in size. On subdivisions involving more than twenty (20) acres, one (1) additional sign shall be permitted for each additional five (5) acres, but not exceeding a total of four (4) signs totaling not more than eight hundred (800) square feet.
F.
In addition to any other signs permitted under this section, identification signs containing the tract name shall be permitted provided there shall not be more than one (1) such sign for each three (3) lots. Each such sign shall not exceed four (4) square feet in area.
G.
Four (4) signs not exceeding a cumulative total of twelve (12) square feet in area shall be permitted on each lot in a subdivision containing model homes in addition to any other signs permitted in this section. Such signs shall be removed after the developer concludes the initial sale of all lots or homes in the development to their initial owners.
H.
The use of flags, streamers, pennants, banners, and spinners shall be subject to the approval of the Community Development Director or designee.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.140 Other off-site directional signs.
A.
1.
Other off-site signs utilized to direct pedestrians or motorists to a particular location may be permitted in any zone subject to the approval of the Planning Commission pursuant to the procedures set forth in this zoning code, governing the issuance of conditional use permits.
2.
The application for such a permit shall conform to those requirements set forth in § 20.28.050 above, and the criteria set forth in § 20.28.060.C. as well as the following criteria shall be applied by the Planning Commission in considering such an application.
a.
Each such sign shall not exceed four (4) square feet in area.
b.
Illuminated signs may be permitted if located not closer than one hundred (100) feet from an occupied residence.
c.
Such signs may be permitted in any zone.
d.
No such directional sign shall be placed on public right-of-way without approval by the City Council after a recommendation from the Planning Commission.
B.
Signs directing persons to such activities as garage sales or residential open houses may be permitted in all zones subject to approval of the Community Development Director or his or her designee.
C.
The use of flags, streamers, pennants, banners, and spinners shall be subject to the approval of the Community Development Director or designee.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.150 Announcement or bulletin board signs.
Churches, schools, or other public bodies or institutions may maintain a freestanding announcement sign or bulletin board not to exceed eight (8) square feet in height or six (6) feet in length, inclusive of supporting structures, on any lot or parcel owned by such church, school, or other public body or institution.
(Ord. 425, 10-14-1968)
§ 20.28.160 Window signs.
No sign placed in or upon the window of any structure utilized for commercial or industrial purposes shall be so placed as to obscure more than twenty-five percent (25%) of the total transparent area of any window.
(Ord. 425, 10-14-1968)
§ 20.28.170 Political signs.
Political signs shall be permitted on private property in any zone subject to property owner approval, for each local, special district, state, or national election. Each such sign shall be removed within ten (10) days following the election to which it relates.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1184, 9-20-2016)
§ 20.28.180 Signs not designed to be viewed from the street.
Nothing contained in this chapter shall prevent the erection, location or construction of signs on private property when such signs satisfy each of the following conditions:
§ 20.28.190 Location and height of signs - General.
A.
All signs, except directional or temporary signs, shall be erected upon the premises occupied by the person or business sought to be identified by such signs.
C.
No sign shall be attached in any way to a public utility pole or public property, except non-advertising signs of public utility companies as may be required in their operations which provide service for the health and welfare of the general public, or as required by any law or regulations of the State of California, or any agency thereof.
D.
No sign shall be placed in such a manner that visibility of signs on adjacent properties is obscured.
E.
No sign shall extend above the eave line or parapet of the building on which it is located, except where such sign forms an integral and structurally necessary part of the building.
F.
No sign or sign structure shall be erected in such a manner that any portion of its surface or supports shall be closer than six (6) feet horizontal of, or twelve (12) feet vertically of, overhead electric conductors which are energized in excess of seven hundred fifty (750) volts.
G.
No sign shall interfere with free use of any fire escape, exit, or any public right-of-way.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.200 Sign identification.
Every sign requiring a permit shall have the permit number and a date of approval and/or expiration date placed on the exterior surface of the sign body in a location where such information will be legible in conformance with § 20.28.070, Fees.
(Ord. 425, 10-14-1968)
§ 20.28.210 Sign maintenance.
All signs and sign structures shall be kept in good repair including replacement of defective parts and illuminating fixtures, repainting, cleaning, and otherwise in a presentable condition such that they do not detract from the appearance of the surrounding area.
(Ord. 425, 10-14-1968)
§ 20.28.220 Sign material.
All signs and sign structures requiring a permit shall be constructed of wood, metal, or comparable weatherproof material, shall be so enclosed as to provide against their infestation by birds and vermin, and shall be structurally safe. No material more combustible than wood shall be used in the construction of any permanent exterior sign.
(Ord. 425, 10-14-1968)
§ 20.28.230 Sign illumination.
The approval of any illuminated sign shall not be final until thirty (30) days after installation, during which period the Community Development Director or his or her designee may order the dimming of any illumination found to be excessively brilliant. No sign permit shall be valid until such order has been carried out to an extent satisfactory to the Community Development Director or his or her designee. Illumination shall be considered excessive when it prevents normal perception of objects or buildings beyond or in the vicinity of the sign, or when it shines directly onto residential zones.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.240 Prohibited signs.
Except as otherwise expressly permitted in this chapter, all signs are expressly prohibited, including, but not limited to, the following:
A.
Flashing signs.
B.
Moving or rotating signs.
C.
Projecting signs.
D.
Roof signs.
E.
Portable signs.
F.
Off-site advertising signs, except for freeway oriented off-site advertising signs pursuant to § 20.28.300.
G.
No sign shall be allowed which contains obscene, indecent, or immoral matter.
H.
Flags, streamers, pennants, or banners, unless specifically permitted by this section.
I.
Signs not otherwise in conformance with this title.
J.
Painted signs.
K.
Pole signs.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1241, 8-15-2023; Ord. 1247, 3-19-2024)
§ 20.28.250 Signs constituting safety hazards.
A.
Any sign which, by reason of its size, location, movement, content, coloring, or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or detracting from the visibility of any official traffic control device, or by diverting or tending to divert the attention of drivers of moving vehicles from the traffic movement on the public streets and highways shall be prohibited.
B.
All signs shall be located in a manner to assure that sight distance is not impaired at all locations for vehicular traffic to and from the premises.
(Ord. 425, 10-14-1968)
§ 20.28.260 Parking of advertising vehicles or trailers.
No person shall park any vehicle or trailer on a public right-of-way or in a location on private property which is obviously intended to be viewed primarily from such right-of-way which has attached thereto, or suspended therefrom, any advertising or directional sign except a sign decoratively painted directly upon, or regularly affixed to, the body or other integral part of the vehicle and subject to the approval of the Community Development Director or his or her designee.
(Ord. 425, 10-14-1968; Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024)
§ 20.28.270 Variances.
A.
Where practical difficulties, unnecessary hardships, or results inconsistent with the general purposes of this chapter would occur from its strict literal interpretation and enforcement, the Planning Commission may grant a variance therefrom upon such terms and conditions as it deems necessary. Such variances shall be in harmony with the general purposes and intent of this chapter so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
B.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties.
C.
The provisions of this zoning code, pertaining to variances, shall apply to the consideration of any sign variance request.
(Ord. 425, 10-14-1968)
§ 20.28.280 Violations and nuisance abatement: enforcement official, enforcement, and penalties.
The provisions contained in § 510 of this zoning code, shall be applicable with respect to the provisions of and penalties for violation of this chapter.
(Ord. 425, 10-14-1968)
§ 20.28.290 Nonconformance.
Signs which do not conform to the provisions of this chapter shall be subject to § 20.24.135 of this zoning code.
(Ord. 425, 10-14-1968; Ord. 1254, 3-18-2025)
§ 20.28.300 Freeway oriented off-site advertising signs.
A.
Purpose. This section sets forth reasonable content-neutral regulations to create opportunities for the erection and operation of modern forms of freeway-oriented off-site advertising signs and the public benefits they can potentially provide while ensuring that their size, number, location, illumination and other operating characteristics do not impair the city's visual character and quality of life by creating or contributing to visual blight conditions.
B.
Conditionally permitted in non-residential zones.
1.
Notwithstanding § 20.28.240, freeway-oriented off-site advertising signs are allowed in non-residential zones, subject to approval of a conditional use permit and compliance with all requirements of this section. In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
2.
A conditional use permit for a freeway oriented off-site advertising sign shall not be approved unless the reviewing authority finds, in addition to all other findings required for approval of a conditional use permit, that:
a.
The proposed freeway oriented off-site advertising sign would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility; and
b.
The proposed freeway oriented off-site advertising sign would not interfere with on-site parking or landscaping required by city ordinance or permit.
3.
The maximum duration of any conditional use permit approved for any freeway oriented off-site advertising sign shall be five (5) years for an electronic freeway-oriented off-site advertising sign, two (2) years in the case any other freeway-oriented off-site advertising sign, or the term of any development agreement, if any, that applies to such sign. Extensions of conditional use permit shall not be granted.
C.
General requirements. All freeway oriented off-site advertising signs must comply with the following requirements:
1.
Freeway oriented off-site advertising signs must comply at all times with applicable laws including Caltrans regulations and this code.
2.
Freeway oriented off-site advertising signs shall be placed at least two hundred (200) feet from any residential zone. The measurement shall be from the closest edge of the freeway oriented off-site advertising sign face to the closest edge of the residential zone.
3.
The minimum distance between freeway oriented off-site advertising signs or between such signs and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by Caltrans. All distances shall be measured from the vertical centerline of each sign face.
4.
Walls or screens at the base of the freeway oriented off-site advertising sign shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.
5.
Freeway oriented off-site advertising signs shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways.
6.
No freeway oriented off-site advertising sign shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning or direction to vehicle traffic; for example, using such words or phrases as "stop" or "slow down."
7.
No freeway oriented off-site advertising sign shall involve any red or blinking or intermittent light that may be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways.
8.
Freeway oriented off-site advertising signs shall be operated and maintained in compliance with Cal. Business and Professions Code § 5403.
9.
All utilities for freeway oriented off-site advertising signs shall be underground.
10.
No freeway oriented off-site advertising sign shall have more than one (1) digital face (display surface) oriented in the same vertical plane.
11.
The maximum height of any freeway oriented off-site advertising signs, including sign faces, shall be sixty-five (65) feet as measured from the bottom of the sign supports to the highest point of the sign face.
12.
All freeway oriented off-site advertising signs shall plainly display, and be visible from no less than one hundred (100) feet, the name of the person or company owning or maintaining it and the freeway oriented off-site advertising sign identification number.
13.
The sign owner must provide, and keep current, the name and contact information of a designated maintenance service available by telephone and able to respond to a repair call "24/7" in the event the sign malfunctions or becomes damaged.
14.
Freeway oriented off-site advertising signs projecting over a driveway or driving aisle shall have a minimum clearance of thirty (30) feet between the lowest point of the sign and the finished driveway grade.
15.
No part of any freeway oriented off-site advertising signs shall cross onto or over an adjacent private property.
16.
Freeway oriented off-site advertising signs projecting over a pedestrian walkway shall have a minimum clearance of thirty (30) feet between the lowest point of the sign and the walkway grade. Freeway oriented off-site advertising signs not projecting over drive areas shall have a minimum clearance of thirty (30) feet between the lowest point of the electronic freeway oriented off-site advertising sign and finish grade level.
17.
Freeway oriented off-site advertising sign structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of an electronic freeway oriented off-site advertising sign, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the Director of Community Development.
D.
Electronic signs - additional requirements. All electronic freeway oriented off-site advertising signs must comply with the following requirements in addition to the requirements in subsection C., above:
1.
Signs shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.
2.
Static messages shall not include flashing lights or the varying of light intensity.
3.
Each message shall be displayed for a minimum of four (4) seconds, or as otherwise specified in applicable laws.
4.
Each sign shall have a light sensing device that will adjust the brightness as ambient light conditions change.
5.
Signs shall not operate at brightness levels of more than 0.3-foot candles above ambient light, as measured using a foot-candle meter, at a pre-set distance based on the expected viewing distances of each size sign as follows, unless otherwise specified in applicable laws:
Nominal Face Size | Distance to Point of Measurement |
|---|---|
300 sq. ft. | 150 ft. |
450 sq. ft. | 200 ft. |
650 sq. ft. | 250 ft. |
Anything larger | 300 ft. |
6.
Each electronic freeway oriented off-site advertising sign shall be designed and required to freeze the display in one (1) static position, display a full black screen, or turn off, in the event of a malfunction.
E.
Application requirements. Applications for approval of a freeway oriented off-site advertising sign must include the following documents, materials, or information as well as any other documents, materials, or information deemed reasonably necessary by the Director of Community Development to ensure compliance with this section.
1.
The name, address, phone number and other contact information of the person or entity proposing the agreement.
2.
The location of the proposed freeway oriented off-site advertising sign.
3.
Evidence that the applicant has legal or equitable interest in the proposed freeway oriented off-site advertising sign an in the site proposed for the sign; e.g., a fee interest, lease, easement or other entitlement, demonstrating the right to install and operate the freeway oriented off-site advertising sign on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.
4.
Conceptual design drawings for the freeway oriented off-site advertising sign(s) that include technical specifications to determine the freeway oriented off-site advertising sign's compliance with this section.
5.
Photos of all existing signage, architectural renderings and elevations in the vicinity of the proposed freeway oriented off-site advertising sign, and a scaled site plan and elevations showing the locations of all existing structures and improvements on the property and the proposed freeway oriented off-site advertising sign. Photo simulations shall be provided of the before and after physical site appearance from views as specified by the Director of Community Development.
6.
A photo metric study prepared by a city-approved lighting engineer demonstrating compliance of the freeway oriented off-site advertising sign with the operational criteria of this section.
7.
Details of any public benefit that would be provided by the proposed freeway oriented off-site advertising sign.
8.
The applicant shall pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for business licenses or permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review of the application.
9.
The applicant shall pay the cost of any environmental studies and reports necessary for the completion of the environmental review of the proposal pursuant to the California Environmental Quality Act.
10.
Such other documents, materials, or information deemed reasonably necessary by the Community Development Director.
(Ord. 1241, 8-15-2023)
§ 20.28.310 Freeway oriented signs.
A.
The provisions of this section are adopted in accordance with the rights and powers held by the city in accordance with the rights and powers granted to the city under the constitution and the laws of the state in order to:
1.
Provide for the proper development and improvement of property along the freeways within the city.
2.
Facilitate the free and rapid flow of traffic on streets, highways, and freeways within the city.
3.
Prevent and eliminate hazards to the safety of travel on streets, highways, and freeways within the city.
4.
Promote the public health, safety, and welfare.
B.
Unlawful signs and structures. No advertising structure, accessory sign, post sign, or other advertising sign shall be erected, constructed, located, or maintained regardless of the district or zone in which it is located; other than as otherwise permitted pursuant to § 20.28.060.C.1.f. of this chapter.
1.
If such structure is designed to have or has the advertising thereon maintained primarily to be viewed from a freeway; or
2.
If such structure or sign, because of its location, size, nature, or type, constitutes, or tends to constitute, a hazard to the safe and efficient operation of vehicles upon a freeway or create a condition which endangers the safety of persons or property thereon.
(Ord. 425, 10-14-1968)
§ 20.28.320 R-1 Single Family Residential Zone.
Permitted signs.
A.
One (1) illuminated or non-illuminated nameplate not exceeding one (1) square foot indicating the name and/or address of the occupant.
B.
One (1) non-illuminated sign not exceeding six (6) square feet in area to advertise the lease, rent, or sale of the premises. Such sign shall be located not closer to the front property line than five (5) feet nor closer to any side property line than ten (10) feet.
(Ord. 425, 10-14-1968)
§ 20.28.330 R-2 and R-3 Multiple Family Residential Zones.
A.
Permitted signs.
1.
One (1) illuminated on non-illuminated wall sign per parcel or lot for the purpose of identification which contains the name and/or address of the apartment development only.
2.
One (1) illuminated or non-illuminated freestanding sign for each parcel or lot for the purpose of identification which contains the name and/or address of the development only. All freestanding signs, exclusive of those defined in paragraph A.4. of this section, shall be located within a landscaped area having dimensions at least one-half (½) the area of the sign. Freestanding signs shall be located at least fifteen (15) feet from the curb face.
3.
One (1) non-illuminated sign, not to exceed six (6) square feet in area, pertaining only to the sale, lease or rental of the particular building, property or premises upon which such sign is displayed.
4.
One (1) non-illuminated or illuminated nameplate not exceeding thirty-two (32) square inches in area for each dwelling unit, indicating the name and/or address of the occupant.
5.
Apartments with frontage on more than one (1) street shall be permitted one (1) additional wall sign and/or one (1) additional freestanding sign within the allowable sign area based on the applicable lot frontage. In establishing the size of each such sign in accordance with the formula set forth in paragraph B. of this section, only the lineal frontage of the street upon which each of such sign faces shall be used in the computation, and that sign area shall be the maximum permitted on that street frontage.
B.
Aggregate area of signs permitted. The maximum combined area of the signs defined in paragraphs A.1. and 2. of this section shall not exceed the following:
C.
Permitted height. Freestanding signs shall have a maximum height of six (6) feet inclusive of supporting structures. When any freestanding sign is located within twenty (20) feet of the ultimate street right-of-way, said sign shall have a maximum height of four (4) feet.
(Ord. 425, 10-14-1968)
§ 20.28.340 Non-residential zones.
A.
Signs permitted subject to a sign permit.
1.
Wall-affixed signs per paragraph C.1. of this section.
2.
Freestanding signs per paragraph C.2. of this section.
3.
Address-plate: one (1) per parcel, lot, business, or tenant, not to exceed one and one-half (1½) square feet in sign area.
5.
Window signs per paragraph C.3. of this section.
6.
Comprehensive sign program per this chapter.
C.
Sign development standards.
1.
Wall-affixed signs.
a.
Development standards.
(1)
Maximum sign area. One (1) square foot of sign area per each lineal foot of building frontage or tenant space frontage.
(2)
Maximum sign length. Seventy-five percent (75%) of building frontage or seventy-five percent (75%) of tenant space frontage.
(3)
Maximum letter height. Twenty-four (24) inches, except for major tenants which letter height shall not exceed five (5) feet.
(4)
Maximum number. One (1) sign per building face or tenant space, not to exceed three (3) signs per tenant.
b.
Design standards.
(1)
All conduits, raceways, transformers, junction boxed, and openings in the building surface shall be concealed. If canopy architecture prohibits concealing hardware, it shall be enclosed in a manner consistent with quality fabrication practices, and painted to match the adjacent wall color. The method of installation shall be approved by the City Planner.
(2)
All exterior signs exposed to the weather shall be mounted directly onto the building face and shall be completely sealed in a watertight enclosure. All bolts, fastenings, and clips used shall be of hot-dipped galvanized iron, stainless steel, or other non-corrosive material.
(3)
No labels or other identification will be permitted on the exposed surface of the sign except those required by local ordinance.
(4)
Cabinet signs shall incorporate opaque background fields with only sign copy to be illuminated. Sign background shall be of a non-reflective material.
(5)
Individual channel or reverse channel letters are encouraged for use in all retail commercial projects for their legibility and visual effect.
2.
Free-standing signs.
a.
Development standards.
(1)
Maximum sign area.
Small project - Twenty-four (24) square feet. |
Midsize project - 0.2 x f, where f equals the lineal feet of street frontage. |
Midsize project with less than 120 lineal feet of street frontage - Twenty-four (24) square feet. |
Large project - 0.2 x f, where f equals the lineal feet of street frontage, provided no one (1) sign copy per face shall exceed eighty (80) square feet. |
(2)
Maximum sign height.
Small project - Four (4) feet. |
Midsize project - Six (6) feet. |
Large project - .03 x f, where f equals the lineal feet along the street frontage in the aggregate, with no one (1) sign to exceed twelve (12) feet in height. |
(3)
Maximum letter height. Twenty-four (24) inches, except for major tenant which letter height shall not exceed five (5) feet.
(4)
Maximum number.
Small project - One (1) freestanding sign per street frontage. |
Midsize project - One (1) freestanding sign per street frontage. |
Large project - Three (3) freestanding signs per street frontage. Signs shall be placed a minimum of three hundred (300) feet apart. |
(5)
Maximum sign length. No maximum except as determined by other requirements.
b.
Design standards. Freestanding signs shall be compatible with the architectural style, design, color, and material of the building(s) within the development.
3.
Window signs. No window signs shall obscure more than twenty-five percent (25%) of the total transparent area of any window.
(Ord. 877, 11-21-1989; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)
§ 20.32.010 Purpose.
The purpose of this chapter is to ensure that the General Plan objectives are carried out with respect to the ultimate arterial highway needs for the city.
(Ord. 442, 4-28-1969)
§ 20.32.020 General provisions.
A.
When required. No building or structure shall be erected or enlarged and no building permit shall be issued therefore, on any lot in any zone other than R-1 and R-H, if such lot abuts a highway or street, unless the one-half (½) of the highway or street which is located on the same side of the center of the highway or street as such lot has been dedicated and improved for the full width of the lot including any required diagonal corner cut-off so as to meet the required standards for such highway or street or such dedication and improvement has been assured to the satisfaction of the City Engineer. “Improvement” shall include: roadway, curb, gutter, and sidewalk to city standards; and drainage improvements, traffic control devices, and street lighting. As used in this section: the center of the highway shall mean the established centerlines of those highways as such highways are shown on the Master Plan of Streets and Highways approved by the Council and on file in the office of the City Engineer, as amended or newly adopted and amended from time to time, or otherwise officially determined by action of any governmental body having jurisdiction; and the established centerline of any street shall be determined in accordance with the then centerline of existing pavement.
1.
The maximum area of land required to be so dedicated shall not exceed twenty-five percent (25%) of the area of any such lot which was of record on the effective date of this chapter in the Orange County Recorder's Office. In no event shall such dedication reduce the lot below a width of fifty (50) feet or an area of five thousand (5,000) square feet. This resulting lot shall be deemed as meeting the minimum lot size requirements under the this zoning code, as amended from time to time.
2.
No such dedication shall be required with respect to those portions of such a lot occupied by a main building existing on the effective date of this chapter unless an encroachment permit is granted.
3.
No additional improvements shall be required on the area required to be dedicated per the current Master Plan of Arterial Highways where complete roadway, curb, gutter and sidewalk improvements, and adequate street lighting and drainage improvements exist within the then previous dedication contiguous thereto.
4.
No building or structure shall be erected on any such lot after the effective date of this chapter, within the area required to be dedicated pursuant to this section.
B.
Exceptions.
1.
The provisions of paragraph A. of this section shall not apply to the following construction:
a.
Additions and accessory buildings incidental to a residential building legally existing on the lot, provided no additional dwelling units or guest rooms are created.
b.
Additions and accessory buildings incidental to other than a residential building existing on the lot on the effective date of this chapter, provided that the total cumulative floor area of all such additions and accessory buildings subsequent to such effective date do not exceed two hundred (200) square feet.
c.
Nothing in this section contained shall authorize construction of any buildings within the area which would otherwise be required to be dedicated but for the provisions of this section, and no such buildings shall be so constructed.
C.
Dedication procedure.
1.
Dedication of easements required by any person under the provisions of this section shall be offered in an irrevocable offer of dedication properly executed by all parties of interest including beneficiaries and trustees. A current preliminary title report prepared by a title company may be required by the City Engineer at the expense of the applicant. Such offer shall be in such terms as to be binding on the owner, his heirs, assigns or successors in interest; and shall continue until the City Council accepts or rejects such offer or until one (1) year from the date such offer is filed with the City Engineer for processing, whichever occurs first. The offer shall provide that the dedication will be complete upon acceptance by the City Council and that the offer shall be irrevocable until rejected by the City Engineer or the City Council, or until said one (1) year period expires, whichever is the later. The offer shall be recorded by the City Clerk in the Office of the Orange County Recorder upon its acceptance by the City Council. The City Engineer shall initially accept or reject the offer within thirty (30) days after it is filed with the Development Services Department, subject to subsequent action by the City Council. The offer shall thereafter be promptly processed by the city departments concerned and submitted to the City Council, in order to complete the dedication within one year. If the offer is rejected by the City Council or not processed within one year, the City Engineer shall issue a release from such offer unless the parties making the offer wish to have the time extended.
2.
For purposes of this section, dedication shall be considered as satisfactorily assured when the City Engineer initially accepts the offer to dedicate provided for herein. When said City Engineer accepts the offer to dedicate he or she shall notify the Building Inspection Division and the Planning Division.
D.
Improvement procedure.
1.
Any person required to make improvements by the provisions of this section shall either: make and complete the same to the satisfaction of the City Engineer prior to issuance of a building permit; or, shall file with the City Engineer an agreement and a bond, both in form and content approved by the City Attorney, providing for and guaranteeing completion of the improvements to be constructed under the permit, prior to occupancy or within ninety (90) days after acceptance of any required dedication by the City Council, whichever is later. Said bond shall be in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required.
2.
Such agreement, in addition to such other terms not inconsistent with this chapter as may be required by the Attorney, shall provide for reasonable attorneys' fees and court costs to the city in the event action is brought thereon to enforce its provisions, and shall contain alternate remedies sufficient in the opinion of the Attorney, to provide the broadest possible protection to the city.
3.
Such bond may be either a cash bond or a bond executed by the lot owner as principal and by a company authorized to act as a surety in this state, as surety. The bond shall be payable to the city and be conditioned upon the faithful and timely performance of any and all work required to be done under the agreement.
4.
When a substantial portion of the required improvement has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions beyond the owner's control, the City Engineer may accept the completed portion and consent to a proportionate reduction of the surety or cash bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.
5.
Whenever the owner elects to deposit a cash bond, the city is authorized in the event of any default on his part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefore, including reasonable city overhead. Any money remaining shall be refunded to the owner, and the owner shall be liable for any deficiency. Whenever a surety bond has been filed in compliance with this section, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the city by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements.
6.
The term of the bond shall begin on the date of the deposit of cash or the filing of the surety bond and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated at any time thereafter.
7.
For purposes of this section, improvement shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to his satisfaction so expressed in writing. When the City Engineer accepts the bond or the work has been completed to his satisfaction he shall notify the Building Inspection Division thereof.
E.
Issuance of building permits after certification of dedication and improvement. When all dedication and improvements required by this section have been completed or satisfactorily assured, a building permit may be issued.
F.
Fees waived. Notwithstanding any other provisions of this section to the contrary, no fee shall be charged for the rendering of any service by the city in connection with any dedication required by the provisions of this section and not a part of a subdivision or parcel map proceeding.
G.
Lots affected by street widening.
1.
On a lot which is affected by street widening required by the provisions of this section, all required yards, setbacks, parking area, loading space and building locations for new buildings or structures or additions to buildings or structures shall be measured and calculated from the new lot lines being created by said widening; provided, however, that for the purpose of establishing the required front yard depth on a frontage where the ultimate street line has been determined under the provisions of this section, the depths of all existing front yards may be measured from such ultimate street line instead of the front lot line.
2.
In applying all other provisions of this section, the area of such lot shall be considered as that which existed immediately prior to such required street widening.
H.
Dedication and improvement standards.
1.
All highways and streets shall be dedicated, constructed, and improved in accordance with the following requirements insofar as such is practical and will not create an undue hardship. All improvements required to be made by the provisions of this paragraph H. shall be done in accordance with the applicable standards of the City of Brea Public Works Standard Plans and Specifications and current Master Plan of Arterial Highways.
2.
In addition, each intersection of streets and highways shall be dedicated so as to provide a diagonal corner cutoff located such that the distance between the right-of-way line and the ultimate curb return, measured at the center of the curb return, is fourteen (14) feet at the intersection of such highway and any other street or highway, which shall be improved in accordance with the standards for such highway set forth in this section and in the aforesaid Standards Plans and Specifications. The City Engineer may require that the fourteen (14) foot distance be increased as necessary to provide for wheelchair ramps and/or other special conditions.
3.
Street improvements as used in this section shall be deemed to include drainage structures and improvements in the public right-of-way (after required dedication) determined by the City Engineer to be necessary to eliminate increased water flow resulting from the proposed improvement on the lot, traffic control devices, traffic signal interconnect, and street lighting in accordance with requirements from time to time being imposed in connection with subdivisions.
4.
The City Engineer may approve and allow such variations and deviations from the aforesaid requirements as he determines are made necessary by the conditions of the terrain and the existing improvements contiguous to the property involved.
I.
Appeal.
1.
Any person required to dedicate land or make improvements under the provisions of this section may appeal any determination made by the Engineer in the enforcement or administration of the provisions of this section to the City Council.
2.
Such an appeal shall be in writing; shall state in clear and concise language the grounds therefor; and shall be filed with the City Council within ten (10) days of the date of the Engineer's action which is appealed from. Within twenty (20) days from the date of the filing of such an appeal the City Engineer shall transmit the appeal together with all relevant information in its files and its report and recommendation thereon to the City Council.
3.
The City Council may make such modifications in the requirements of this section or may grant such waivers or modifications of the determinations which are appealed to them as they shall determine are required to prevent any unreasonable hardship under the facts of each case or to obviate any required improvement unrelated to any increased traffic flow or obstructions to traffic flow occasioned by the new construction so long as each such modification or waiver is in conformity with the general spirit and intent of the requirements of this section, which is to provide for dedication and improvements where new construction on any lot will increase traffic flow or presents an obstruction to traffic flow on highways and streets. All such new construction shall presumptively be in this category, and it shall be the burden of the appealing property owner to show otherwise.
J.
City may share the cost of making unusual improvements. Upon proper application to the City Council and upon recommendation of the Engineer, the city may accept and provide for contribution toward the cost of making any improvement required by the provisions of this section which the Engineer determines will cost an amount greatly in excess of the cost to other property owners who are required to make improvements under the provisions of this section in the immediate vicinity of the said improvement.
K.
City Engineer to determine street alignment. Whenever uncertainty exists as to the proper application of the provisions of this section in the matter of street alignment, the Engineer shall determine their application in conformity with the spirit and intent of this section.
L.
Notification to permit applicants required. When the City Engineer determines that the provisions of this section are applicable to any building permit application, he or she shall inform the permit applicant of his or her determination, of the specific requirements of this section which he or she determines to be applicable thereto and of the availability and procedure for appeal of his or her determination to the City Council.
M.
Permit, inspection and plan check fees for streets, alleys, or public roads. The City Council shall adopt by resolution all permit fees related to street and highway improvements.
(Ord. 442, 4-28-1969; Ord. 965, 4-4-1995)
§ 20.36.010 Criteria.
Home occupations shall comply with all of the following criteria:
A.
There shall be no exterior evidence of the conduct of a home occupation, including but not limited to noise or odor caused thereby.
B.
A home occupation shall be conducted only within the enclosed living area of the dwelling unit or the garage.
C.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which creates noise not normally associated with residential uses is prohibited.
D.
Only the residents of the dwelling unit may engage in the home occupation.
E.
To the extent that there is any sale of any item related to a home occupation, no delivery of that item to the buyer shall occur on or adjacent to the premises.
F.
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
G.
There shall be no signs other than those permitted by the zone regulations.
H.
The conduct of any home occupation including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for required off-street parking.
I.
There shall be no traffic to or from the premises by salesmen, service vehicles, delivery persons, messengers or others beyond the amount of such traffic incidental to residential uses. Parking of such vehicles on the site or in the vicinity of the home occupation not substantially utilized by residents for personal purposes, but rather used in connection with the home occupation is prohibited.
J.
No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
K.
There shall be no media advertising in connection with the home occupation which gives the address of the property from which the home occupation is conducted.
(Ord. 516, 7-7-1973; Ord. 576, 6-17-1975; Ord. 622, 4-5-1977; Ord. 662, 9-5-1978; Ord. 1025, 7-20-1999)
§ 20.40.010 Purpose.
The purpose of this chapter is to expand the affordable housing stock in proportion with the overall increase in residential units by establishing standards and procedures that encourage the development of extremely low to moderate-income housing and to assist in meeting the city's regional share of housing needs and implementing the goals and objectives of the General Plan, including the Housing Element and any applicable specific plans. The goals of this chapter are as follows:
A.
To assure that the city is meeting its affordable housing goals by facilitating the production of dwelling units affordable to households of extremely low, very low, low, moderate, and workforce-income, and by providing funds for the development of extremely low, very low, low, moderate, and workforce-income housing;
B.
To establish a means by which developers of residential projects can assist in increasing the supply of affordable housing. The affordable housing requirements contained in this chapter consider the impact of such requirements on housing construction costs and economic feasibility; and
C.
To meet the current and future housing needs of the city by supporting the Housing Element goals of providing a range of dwelling units by type of unit, price, and location in the city and promoting equal access and opportunity to fair housing.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.020 Applicability.
A.
The requirements of this chapter shall apply to any development project comprised of ten or more dwelling units or residential lots within the City of Brea, including new construction and condominium conversions. All affordable units required by this chapter shall be sold or rented in compliance with this chapter and the city's guidelines implementing this chapter.
B.
For a development project that is comprised of less than ten dwelling units but is or appears to be a part of a larger residential project, the number of dwelling units proposed for the larger project as a whole shall be used to determine the applicability. Same standards shall apply to multi-phased residential projects.
(Ord. 1242, 8-15-2023)
§ 20.40.030 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, five persons in the case of a four-bedroom unit, six persons in the case of a five-bedroom unit, and seven persons in the case of a six-bedroom unit.
The total housing costs, paid by a qualifying household, which shall not exceed a specified fraction of their gross income, adjusted for household size appropriate for the unit as defined and periodically updated by Cal. Health and Safety Code § 50052.5 for owner-occupied housing, and the affordable rent and utilities for rental units as defined by Cal. Health and Safety Code § 50053, as applicable. For workforce housing, the calculation applicable to a moderate-income household shall apply.
The in-lieu fees and any equity share payment collected as a result of requirements of this chapter shall be deposited in the city's affordable housing trust fund to be used exclusively to develop and retain the supply of housing affordable to extremely low, very low, low, moderate, and workforce-income households.
A dwelling unit that will be offered for sale or rent to an extremely low-income household, a very low-income household, a low-income household, a moderate-income household, or a workforce household at an affordable housing cost, in compliance with this chapter.
The annual median gross income adjusted for household size in Orange County as determined by the United States Department of Housing and Urban Development (HUD), and published by the California Department of Housing & Community Development (HCD), in the Cal. Code of Regulations, Title 25, § 6932.
Converting an existing market rate condominium and apartments into affordable housing. Converted condominiums and apartments shall be offered for sale or rent to an extremely low-income household, a very low-income household, a low-income household, moderate-income household, or workforce-income household at an affordable housing cost, in compliance with this chapter.
As defined in Cal. Government Code §§ 65915 et seq.
As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.
A payment of a fee, pursuant to requirements of this chapter, in-lieu of providing the required affordable units on site.
A dedication of land to the city in-lieu of constructing affordable units within the residential project, pursuant to the requirements of this chapter.
As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.
Dwelling unit in a residential development that can be purchased or rented at market rates. These units are not considered to be affordable units.
As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50093.
The development of required number of affordable units at a site different than the site of the residential project.
A detailed plan provided by a developer that outlines each segment or phase of construction including housing units and site improvements to be developed in a new residential project.
Improvement of a unit in substandard condition to a decent, safe, and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety, or well-being of the occupants.
A subdivision, a development project, and/or a condominium conversion project resulting in the creation of ten or more residential lots or ten or more residential dwelling units.
The total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, and utilities.
As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50105.
Households whose income is between 120% and 140% of the area median income for the Santa Ana-Anaheim-Irvine, CA HUD Metro FMR Area as published by the United States Department of Housing and Urban Development.
(Ord. 1242, 8-15-2023)
§ 20.40.040 Affordable unit requirements.
A.
All residential projects subject to the requirements of this chapter shall provide affordable units as shown in Table 20.40.040A:
TABLE 20.40.040.A AFFORDABLE UNIT REQUIREMENTS FOR RESIDENTIAL PROJECTS | ||
|---|---|---|
Option | Total Percentage of Affordable Units Required (minimum)1 | Minimum Affordability Level of Required Units |
1 | 5% | All required affordable units shall be sold or rented to extremely low-income households, at a cost affordable to such household. |
2 | 10% | At least 7% of the total number of units in the residential project shall be sold or rented to very low-income households, at a cost affordable to such household. The affordability level of remaining 3% of the required affordable units are at the developer's discretion. |
3 | 15% | At least 10% of the total number of units in the residential project shall be sold or rented to low-income households, at a cost affordable to such household. The affordability level of remaining 5% of the required affordable units are at the developer's discretion. |
4 | 20% | At minimum, all required affordable units shall be sold or rented to moderate-income households, at a cost affordable to such household. |
5 | 30% | At minimum, all the required affordable units shall be sold or rented to workforce-income households, at a cost affordable to such household. |
1 of the total number of units in the residential project. | ||
B.
An applicant may request to deviate from the number and affordability level provisions required by this chapter if the proposed deviation provides substantially the same or greater level of affordability required and the same or greater number of affordable units required by this chapter. Such request requires an approval of a conditional use permit subject to the provisions of § 20.408.030 of this title.
C.
Affordable units required by this chapter can be used to qualify for a density bonus under Cal. Government Code § 65915 (State Density Bonus).
D.
Notwithstanding any other provision of this chapter, any residential project subject to this chapter that results in the displacement of existing affordable unit(s) shall be required to replace each displaced affordable unit at the same or greater level of affordability of the existing unit, in addition to providing the number of affordable units required by this chapter.
E.
Any fractional units will be rounded up to a whole unit.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.050 Alternatives.
As an alternative to developing affordable units pursuant to this chapter, an applicant may satisfy requirements of this chapter through one of the following alternatives:
A.
In-lieu fees. Applicants may choose to comply with the requirements of this chapter through payment of a fee, in-lieu of providing the required affordable units on site.
1.
The method for calculation of the in-lieu fee per unit shall be determined by the following formula:
The product of the square footage of the average size unit in the proposed development multiplied by the median price per square foot of a home in the City of Brea based on market rate home sales in the last quarter immediately prior to drafting of the affordable housing agreement,
Minus
The product of the square footage of the average size unit in the proposed development multiplied by the median cost per square foot to construct the respective type of unit as shown on the most recent edition of the Building Permit Valuation Table in use by the Building Department.
2.
The number of required units applicable to the in-lieu fee calculation shall be 5% of the total number of units in the residential project.
3.
One-half of the in-lieu fees shall be paid prior to the issuance of a building permit for the project, with the remaining fees due prior to the issuance of a certificate of occupancy.
4.
Fees collected in-lieu of developing affordable units pursuant to this chapter shall be placed in the City's Affordable Housing Trust Fund.
B.
Offsite construction. At the discretion of the city, an applicant may satisfy the requirements of this chapter by developing the required number of affordable units at a site different than the site of the residential project.
1.
The applicant must demonstrate that development of affordable units offsite would better address the city's Housing Element goals and policies.
2.
The number of units to be developed offsite shall be consistent with the number of units required for the residential project.
3.
Offsite affordable units shall be reasonably comparable to the non-affordable units in the residential project with respect to number of bedrooms, square footage, overall unit mix, appearance, finished quality, materials, and distribution.
4.
Offsite affordable units shall be developed concurrently with the main project and certificate of occupancy will be contingent on final approval and inspection of the affordable units, unless an alternative schedule is approved by the city as part of the residential project's entitlement.
5.
Offsite affordable units shall be located within the City of Brea.
6.
Offsite affordable units shall be subject to the same requirements, standards, and procedures as onsite affordable units, unless otherwise noted in this subsection.
7.
A development agreement is required for all offsite affordable unit construction projects.
C.
Land dedication. At the discretion of the city, an applicant may satisfy the requirements of this chapter by dedicating land to the city in-lieu of constructing affordable units within the residential project.
1.
The land to be dedicated must be free of any liens, and such land shall be conveyed to the city at no cost.
2.
The applicant must disclose any and all encumbrances or easements on the title of the land, and all encumbrances and easements must be factored into the estimated value of the land dedication.
3.
The land to be dedicated must have improvements required to accommodate housing, such as infrastructure and services.
4.
The land to be dedicated must be free of any hazardous materials. If there were any hazardous materials previously contained on the site, the developer must provide evidence that full remediation was performed in accordance with all applicable law.
5.
The General Plan and Zoning designations of the land to be dedicated must allow for multi-family residential use prior to dedication.
6.
The applicant must demonstrate that development of affordable units on the land to be dedicated would be consistent with the Housing Element goals and policies and this chapter, and not cause residential segregation.
D.
Convert existing market rate to affordable housing. At the discretion of the city, an applicant may satisfy the requirements of this chapter through the acquisition and rehabilitation of existing market rate units in the City of Brea for conversion to affordable units.
1.
Converted units shall be subject to the same requirements, standards, and procedures as onsite affordable units.
2.
The rehabilitation of the existing market rate units to be converted to affordable units shall be completed prior to, or concurrently with the main housing project.
3.
Converted units shall be retained as affordable units for 45 years or until sold or transferred with an equity share for owner-occupied units and 55 years as to rental units. The affordability period begins upon the initial sale or rental of the unit.
4.
The existing market rate units shall be substantially rehabilitated, as determined by the city.
5.
The Affordable Housing Plan and Agreement as described in § 20.40.090 shall provide a description of benefits to be offered to existing tenants, which for conversion of market rate housing units would include, but not be limited to, right of first refusal to remain in the unit, and any expected need for relocation of existing tenants. The applicant is responsible for providing relocation assistance.
E.
Development agreement. At the city's discretion, the applicant may enter into a development agreement with the city to comply with the intent of this chapter.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.060 Incentives.
A.
The applicant may request and the city shall grant the number of incentives identified in Table 20.40.060.A below if a residential project meets the requirements of this chapter by providing on-site affordable units pursuant to § 20.40.040.A. or by providing off-site affordable units pursuant to § 20.40.050.B.
TABLE 20.40.060.A NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY | ||
|---|---|---|
Level of affordability | Number of Affordable Units1 | Number of Incentives |
Extremely low-income | 5% or more | 4 |
Very low-income | At least 7% | 2 |
At least 10% | 3 | |
Low-income | At least 10% | 2 |
At least 15% | 3 | |
Moderate-income | At least 20% | 2 |
Workforce-income | At least 30% | 2 |
Moderate-income or lower | 100% (Exclusive of a manager’s unit) | 5 |
1 of the total number of units in the residential project | ||
1.
The city may grant additional incentives at the city's discretion, if the applicant demonstrates that such additional incentive will result in identifiable and actual cost reductions or avoidance. Such request shall be considered by the Director.
2.
If a Residential Project is granted incentives by providing off-site affordable units pursuant to § 20.40.050.B., the applicant is permitted to utilize the incentives for either the residential project or the offsite construction project, but not both.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.070 Exemptions.
The provisions of this chapter shall not apply to the following:
A.
Residential projects that obtain all required administrative, legislative, and/or quasi-judicial approvals (as specified in this Title) prior to the original adoption date of this chapter (August 15, 2023).
B.
Reconstruction of structures which have been damaged by fire, flood, wind, earthquake, or other unforeseen force, as determined by the Director, if the reconstruction cost is less than 50% of the assessed value.
C.
Residential projects that are exempt from this chapter by state or federal law.
D.
Units approved as accessory dwelling units or junior accessory dwelling units.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.080 Standards and procedures.
The applicant of a project subject to the provisions of this chapter must submit an Affordable Housing Plan with a phasing plan which shall indicate the scheduling and phasing of construction of the required affordable units. The Affordable Housing Plan requirements can be found in § 20.40.090. Additionally, projects pursuant to this chapter must comply with the following standards.
A.
All affordable units in a residential project or phases of a residential project shall be constructed prior to the issuance of a certificate of occupancy for the project or phase of the project.
B.
All affordable units shall be reasonably dispersed throughout the project site unless approval for an off-site location has been granted.
C.
The affordable units shall contain the same number of bedrooms and bedroom size as the market rate units in the project. The unit mix for bedroom count shall be proportional to the unit mix of market rate units in the project.
D.
The materials and finished quality of the affordable units shall be comparable to those in market rate units.
E.
Affordable units shall have the same access to amenities as the market-rate units, including common spaces, parking, laundry rooms, fitness centers, and other facilities in the residential development.
G.
The affordability period begins upon the initial sale or rental of the unit.
(Ord. 1242, 8-15-2023)
§ 20.40.090 Affordable housing plan and agreement.
A.
Affordable housing plan.
1.
An application for a residential development shall include an Affordable Housing Plan describing how the development will comply with the provisions of this chapter. The Community Development Director or their designee is the reviewing authority for reviewing and approving an affordable housing plan. No application for a residential development may be deemed complete unless an affordable housing plan is submitted in conformance with this chapter. The city has the ability to attach conditions of approval to an affordable housing plan, if determined necessary.
2.
An approved affordable housing plan may be amended prior to issuance of any building permit for the residential development or project phase. A request for a minor modification may be granted by the Community Development Director or their designee if the modification is in substantial compliance with the original affordable housing plan and conditions of approval. If significant modifications are requested, a new affordable housing plan may be required.
3.
An affordable housing plan shall include, but not be limited to, the following:
a.
The number of affordable units proposed, with calculations;
b.
The proposed location of the affordable units;
c.
Level of affordability for the affordable units;
d.
The unit square footage, and number of bedrooms for market rate and affordable units and tenure (ownership or rental);
e.
Amenities and services provided, such as common spaces, parking, laundry rooms, fitness centers, and other facilities in the residential development;
f.
Construction schedule for all units;
g.
Alternatives requested, if applicable;
h.
Incentives requested, if applicable; and
i.
Evidence to justify any requested alternative or incentive, if applicable.
B.
Affordable housing agreement.
1.
An applicant shall enter into an affordable housing agreement with the city in a form acceptable to the City Attorney, and executed by the City Manager or their designee, to ensure that all the requirements of this chapter are satisfied. The affordable housing agreement shall be recorded against the residential development prior to final subdivision map approval, or, where a subdivision map is not being processed, prior to issuance of any building permits, with the exception of demolition permits for such parcels or units. The agreement shall be recorded with the office of the Orange County Recorder. The affordable housing agreement shall be binding on the applicant and all future owners and successors in interest thereof.
2.
The affordable housing agreement shall include all information requested in the affordable housing plan and any other provisions necessary to ensure that the requirements of this chapter are satisfied.
3.
The affordable housing agreement shall include provisions for resale restrictions, monitoring affordability of the units, and the eligibility of potential purchasers or renters.
4.
An affordable housing agreement is not required for a residential development which will comply with the requirements of this chapter through payment of an in-lieu fee.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.40.100 Enforcement.
A.
The Community Development Director, or their designee, may suspend, revoke, or deny any building permit or other approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all owners, agents, and successors of an applicant proposing a project. No entitlement approval, grading permit, building permit or certificate of occupancy shall be issued if it is found in noncompliance with the provisions of this chapter.
B.
Any individual or entity who sells or rents an affordable unit in violation of the provisions of this chapter shall be required to forfeit all monetary gains obtained through noncompliance. Recovered funds shall be deposited into the Affordable Housing Trust Fund.
C.
Selling or renting an affordable unit in violation of the provisions of this chapter is a violation of the City Code. The city may use any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including but not limited to:
D.
The city shall be entitled to recover its reasonable attorney's fees and costs.
(Ord. 1242, 8-15-2023)
§ 20.40.110 Affordable housing trust fund.
The in-lieu fees and any equity share payment collected as a result of requirements of this chapter shall be deposited in the City's Affordable Housing Trust Fund to be used exclusively to develop and retain the supply of housing affordable to extremely low, very low, low, and moderate-income households. The city shall provide ongoing implementation programs utilizing funds deposited in the Affordable Housing Trust Fund for the benefit of extremely low, very low, low, and moderate-income households.
(Ord. 1242, 8-15-2023)
§ 20.40.120 Guidelines.
The City Council shall adopt by resolution the guidelines for the implementation and enforcement of this chapter. It is the intent of the City Council that the guidelines shall have the full force and effect of the law and shall be adhered to in full.
(Ord. 1242, 8-15-2023)
§ 20.42.010 Purpose and applicability.
A.
Purpose. The purpose of this chapter is to comply with and establish procedures for implementing the state Density Bonus Law (Cal. Gov. Code § 65915), and to facilitate the development of affordable housing consistent with the City of Brea Housing Element goals, objectives, and policies. In the event of a conflict between this chapter and the Density Bonus Law, the provisions of the Density Bonus Law shall prevail.
B.
Applicability.
1.
This chapter shall apply citywide.
2.
The city shall grant a density bonus, incentives, waivers, and/or a reduced parking ratio requests when the applicant for a housing development with five or more units meets the requirements of this chapter, unless written findings are made in accordance with the provisions of this chapter.
(Ord. 1259, 5-20-2025)
§ 20.42.020 Definitions.
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. To the extent these terms are defined in the Density Bonus Law or in other state law, the definitions provided therein shall govern.
Monthly rent, including a reasonable allowance for utilities and all fees for housing services, for rental of affordable units, as further defined in Cal. Health and Safety Code § 50053.
The maximum sales price at which lower and moderate income households can qualify for the purchase of affordable units as set forth in the city's affordable housing guidelines.
Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks development permits or approvals from the city.
The person or body that is authorized to approve a development as specified by this title.
A childcare facility as defined in Cal. Gov't. Code § 65915(h)(4).
A density increase, granted pursuant to Cal. Gov't. Code § 65915 and this chapter, over the otherwise maximum allowable gross residential density as of the date of application, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
Those dwelling units granted pursuant to the provisions of this chapter which exceed the otherwise maximum allowable gross residential density for the housing development site.
A site or construction condition as defined in Cal. Gov't. Code § 65915(o)(2).
Persons as defined in Cal. Gov't. Code § 18541.
Any permit issued for the development which requires the exercise of judgment or deliberation from the approval authority, including conditional use permits, variances, precise developments, residential planned unit development permits, a new specific plan or amendments, General Plan amendments, zone changes, and tentative and final maps.
Persons as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. §§ 11301 et seq.).
A development project as defined in Cal. Gov't Code § 65915(i).
Used interchangeably, means such regulatory concessions or incentives as specified in Cal. Gov't. Code § 65915(k).
Households of low income as defined in Cal. Health and Safety Code § 50093.
Households of lower income as defined in Cal. Health and Safety Code § 50079.5.
A student who has a household income and asset level that is defined in Cal. Gov't. Code § 65915(o)(4).
Has the same meaning as defined Cal. Pub. Res. Code § 21155(b).
Density as defined in Cal. Gov't. Code § 65915(o)(6).
Households of moderate income as defined in Cal. Health and Safety Code § 50093.
A recorded and legally binding agreement between an applicant and the city to ensure that the requirements of this chapter are satisfied. The regulatory agreement, among other things, shall establish: the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.
A residential or mixed-use structure as defined in Cal. Gov't Code § 65915(o)(7)(A) and (B).
A housing development for transitional foster youth, disabled veterans, or homeless persons.
A housing development for students that contains bedrooms containing two or more bed spaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.
A calculation of the number of units as defined in Cal. Gov't. Code § 65915(o)(8).
Persons defined in Cal. Ed. Code § 66025.9.
Households of very low income as defined in Cal. Health and Safety Code § 50105.
An urbanized area as defined in Cal. Gov't. Code § 65915(o)(9).
(Ord. 1259, 5-20-2025)
§ 20.42.030 Density bonuses.
A.
General.
1.
Each housing development application is entitled to only one density bonus category listed in section, except as provided for in § 20.42.040 for additional density bonus.
2.
Each component of any density calculation, including base density, bonus density, and required number of affordable units, resulting in fractional units shall be separately rounded up to the next whole number.
3.
An applicant may elect to receive a density bonus that is less than the amount permitted by this section.
4.
The number of density bonus units shall not be included when determining the number of affordable units required to qualify for a density bonus.
5.
Any affordable unit provided pursuant to the city's affordable unit requirements set forth in Chapter 20.40 of this title may be used to qualify for a density bonus or other provisions under this chapter. However, the payment of in-lieu fees shall not qualify for a density bonus or other provisions of this chapter.
6.
Notwithstanding any provision of this chapter, all developments must satisfy all applicable requirements of the city's affordable unit requirements in Chapter 20.40 of this title, which sets forth affordable unit requirements for developments, separate from those required to receive a density bonus or incentives pursuant to this chapter.
B.
Density bonus categories. The city shall grant a density bonus when an applicant for a housing development with five or more dwelling units seeks and agrees to construct a housing development with at least any one of the following:
1.
Very low income. A rental or for-sale development, including a shared housing building, that provides at least five percent (5%) of the total dwelling units of the development as affordable units affordable to very low income households, shall be eligible for a density bonus as shown in Table 20.42.030.A.1 below:
TABLE 20.42.030.A.1 VERY LOW INCOME DENSITY BONUS | |
|---|---|
Percentage Very Low Income Units | Percentage Density Bonus |
5 | 20 |
6 | 22.5 |
7 | 25 |
8 | 27.5 |
9 | 30 |
10 | 32.5 |
11 | 35 |
12 | 38.75 |
13 | 42.5 |
14 | 46.25 |
15 | 50 |
2.
Low income. A rental or for-sale development, including a shared housing building, that provides at least ten percent (10%) of the total dwelling units as affordable units affordable to low income households, shall be eligible for a density bonus as shown in Table 20.42.030.A.2 below:
TABLE 20.42.030.A.2 LOW INCOME DENSITY BONUS | |
|---|---|
Percentage Low Income Units | Percentage Density Bonus |
10 | 20 |
11 | 21.5 |
12 | 23 |
13 | 24.5 |
14 | 26 |
15 | 27.5 |
16 | 29 |
17 | 30.5 |
18 | 32 |
19 | 33.5 |
20 | 35 |
21 | 38.75 |
22 | 42.5 |
23 | 46.25 |
24 | 50 |
3.
Moderate income. A for-sale development that provides at least ten percent (10%) of the total dwelling units as affordable units affordable to moderate income households, provided that all dwelling units in the development are offered to the public for purchase, shall be eligible for a density bonus as shown in Table 20.42.030.A.3 below:
TABLE 20.42.030.A.3 MODERATE INCOME DENSITY BONUS | |
|---|---|
Percentage Moderate Income Units | Percentage Density Bonus |
10 | 5 |
11 | 6 |
12 | 7 |
13 | 8 |
14 | 9 |
15 | 10 |
16 | 11 |
17 | 12 |
18 | 13 |
19 | 14 |
20 | 15 |
21 | 16 |
22 | 17 |
23 | 18 |
24 | 19 |
25 | 20 |
26 | 21 |
27 | 22 |
28 | 23 |
29 | 24 |
30 | 25 |
31 | 26 |
32 | 27 |
33 | 28 |
34 | 29 |
35 | 30 |
36 | 31 |
37 | 32 |
38 | 33 |
39 | 34 |
40 | 35 |
41 | 38.75 |
42 | 42.5 |
43 | 46.25 |
44 | 50 |
4.
Senior citizen housing development. A senior citizen housing development, including shared housing building developments, shall be eligible for a twenty percent (20%) density bonus, unless otherwise prohibited by state and/or federal law.
5.
Qualifying mobilehome park. A qualifying mobilehome park shall be eligible for a twenty percent (20%) density bonus, including shared housing building developments, unless otherwise prohibited by state and/or federal law.
6.
Specialized housing developments. A specialized housing development for transitional foster youth, disabled veterans, or homeless persons, in which at least ten percent (10%) of the total units are provided at the same affordability level as very low income units shall be eligible for a twenty percent (20%) density bonus. The units described in this subsection shall be subject to a recorded affordability restriction of fifty-five (55) years and shall be provided at the same affordability level as very low income units.
7.
Student housing developments.
a.
A student housing development shall be eligible for a density bonus as shown in Table 20.42.030.A.4, only if all of the following requirements are met:
TABLE 20.42.030.A.4 STUDENT HOUSING DEVELOPMENT DENSITY BONUS | |
|---|---|
Percentage Low Income Units | Percentage Density Bonus |
20 | 35 |
21 | 38.75 |
22 | 42.5 |
23 | 46.25 |
24 | 50 |
b.
At least twenty percent (20%) of the total dwelling units will be used for lower income students. Such units must be use and occupied by lower income students.
c.
For purposes of calculating a density bonus granted pursuant to this subparagraph, the term "unit" as used in this subparagraph means one rental bed and its pro rata share of the associated common area facilities. The units described in this subsection shall be subject to an affordability restriction of fifty-five (55) years, which shall not tie any rental bed reserved for lower income students to a specific bedroom. In addition, lower income students shall be allowed to share a room or unit with a non-lower income student.
d.
All units will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. Prior to issuance of a certificate of occupancy, the applicant shall provide evidence that the developer has done one of the following:
i.
Entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students from that institution(s).
ii.
Established a system for confirming its renters' status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education.
e.
The rent provided in the applicable units of the development for lower income students shall be calculated at thirty percent (30%) of sixty-five percent (65%) of the area median income for a single-room occupancy unit type.
f.
The applicant shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in Cal. Health and Safety Code § 103577(e)(3), or institution of higher education that has knowledge of a person's homeless status may verify a person's status as homeless for purposes of this subclause.
8.
One hundred percent (100%) affordable housing development.
a.
A one hundred percent (100%) rental or for-sale development, including total units and density bonus units, but exclusive of manager's unit or units, for lower income households, except that twenty percent (20%) of the units in the development, including total units and density bonus units, may be for moderate income households, shall be eligible for an eighty percent (80%) density bonus. For rental units, rents shall be restricted as set forth in Cal. Gov't. Code § 65915(c)(1)(B) (ii).
9.
Land donations. A tentative subdivision map, parcel map, or other residential development applicant that donates land to the city for the development of affordable units for very low income households shall be eligible for a density bonus as shown in Table 20.42.030.A.5, only if all of the following requirements are met:
TABLE 20.42.030.A.5 LAND DONATION DENSITY BONUS | |
|---|---|
Percentage Very Low Income Units | Percentage Density Bonus |
10 | 15 |
11 | 16 |
12 | 17 |
13 | 18 |
14 | 19 |
15 | 20 |
16 | 21 |
17 | 22 |
18 | 23 |
19 | 24 |
20 | 25 |
21 | 26 |
22 | 27 |
23 | 28 |
24 | 29 |
25 | 30 |
26 | 31 |
27 | 32 |
28 | 33 |
29 | 34 |
30 | 35 |
a.
The land shall be at least one net acre or of sufficient size to permit development of at least forty (40) units.
b.
The zoning and general plan designations that allow development at the density of at least thirty (30) units per acre.
c.
Notwithstanding subsections B.9.a. and B.9.b. above, the developable acreage and zoning classification of the land shall be sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development.
d.
The land shall or will be served by adequate public facilities and infrastructure.
e.
The land shall be within the boundary of the proposed development or within one-quarter mile of the boundary of the proposed development.
f.
No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the land donation shall have all of the permits and approvals, other than building permits, necessary for the development of the affordable units for very low income households on the donated land, except that the city may subject the proposed development to subsequent design review, to the extent authorized by Cal. Gov't. Code § 65583.2(i), if the design is not reviewed by the city prior to the time of donation.
g.
The applicant shall donate and transfer land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
h.
The land shall be transferred to the city or to a housing developer approved by the Director. The Director may require the applicant to identify and transfer the land to a housing developer.
i.
A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
j.
The affordable units built on the donated land shall remain restricted to an affordable rent for very low income households for a period of at least fifty-five (55) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program except as otherwise provided for by Cal. Gov't Code § 65915.
k.
The density bonus pursuant to this subsection shall be in addition to any increase in density mandated by §§ 20.42.030.A.1 through A.8., up to a maximum combined density increase of thirty-five percent (35%) if an applicant seeks both the increase required pursuant to this subsection and §§ 20.42.030.A.1 through A.8.
10.
Condominium conversion. An applicant requesting an approval of a condominium conversion pursuant to Chapter 20.12 of this title may request a density bonus of up to twenty-five percent (25%) over the number of apartments otherwise permitted by this title, to be provided within the existing structure or structures proposed for conversion, if it meets all of the following:
a.
Affordable units shall be provided in accordance with one of the following two options:
i.
Low or moderate income. At least thirty-three percent (33%) of the total units of the proposed condominium project, including any units that are granted by a density bonus, shall be affordable units to low or moderate income households, or
ii.
Lower income. At least fifteen percent (15%) of the total units of the proposed condominium project, including any units that are granted by a density bonus, shall be affordable units to lower income households.
b.
An applicant for condominium conversion shall comply with and submit all required application material specified in Chapter 20.12 of this title. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to a condominium project.
c.
An applicant shall be ineligible for a density bonus or other incentives under this section if it meets any of the following criteria:
d.
The city may place such reasonable conditions on the granting of the density bonus or other incentives pursuant to this section, as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchasers of lower, low and moderate income households.
e.
In lieu of receiving a density bonus as specified in this section, the applicant for qualifying condominium conversion may request and the city shall provide other incentives of equivalent financial value.
i.
For purposes of this subsection, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation, but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval.
C.
Ineligibility.
1.
A housing development shall be ineligible for a density bonus or any other provisions of this chapter if the development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the density bonus application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower and very low income; subject to any other form of rent or price control through the city's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
a.
The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in § 20.42.030.
b.
Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
2.
For the purposes of this subsection, "replace" shall mean as defined in Cal. Gov't. Code § 65915(c)(3)(B)(i) and (ii).
(Ord. 1259, 5-20-2025)
§ 20.42.040 Additional density bonuses.
A.
Additional affordable units.
1.
Provided that the housing development would not restrict more than fifty percent (50%) of the total units to very low income, lower income, or moderate income households, the city shall grant an additional density bonus as specified in this subsection if the housing development conforms to the requirements of § 20.42.030, and meets any of the following requirements:
a.
The housing development provides at least fifteen percent (15%) of the total units for very low income households.
b.
The housing development provides at least twenty-four percent (24%) of the total units for lower income households.
c.
The housing development provides at least forty-four percent (44%) of the total units for moderate income households.
2.
To qualify for the additional density bonus under this subsection, the applicant shall agree to include additional rental or for-sale units affordable to very low income households or moderate income households. The additional density bonus granted under this subsection shall be calculated as shown in Table 20.42.040.A below.
TABLE 20.42.040.A ADDITIONAL DENSITY BONUS | ||
|---|---|---|
Affordability Level | Additional Percentage of Affordable Housing Unit | Additional Density Bonus Percentage |
Very Low Income or Moderate Income | 5 | 20 |
6 | 22.5 | |
7 | 25 | |
8 | 27.5 | |
9 | 30 | |
10 | 32.5 | |
Moderate Income | 11 | 35 |
12 | 38.75 | |
13 | 42.5 | |
14 | 46.25 | |
15 | 50 | |
B.
Childcare facilities. The city shall grant an additional density bonus for a housing development that is eligible for a density bonus under § 20.42.030 and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the development.
1.
The additional density bonus shall be in an amount of square feet of residential space that is equal to or greater than the square footage of the childcare facility.
2.
The childcare facility shall meet the following requirements:
a.
The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the provided affordable units are required to remain affordable pursuant to § 20.42.050.
b.
Of the children who attend the childcare facility, the children of very low, lower, and moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the development that are required for very low, lower, and moderate income households pursuant to § 20.42.030.
(Ord. 1259, 5-20-2025)
§ 20.42.050 General standards for affordable units.
A.
Affordable units shall be constructed concurrently with market-rate units within a housing development.
B.
Rental units.
1.
Very low and low income rental units shall remain restricted to an affordable rent for a period of fifty-five (55) years or a longer period of time if required by a construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
2.
For housing developments meeting the criteria of § 20.42.030.B.8. of this chapter, affordable rents for all units, including both base density and density bonus units, shall be as follows:
a.
The rent for at least twenty-percent (20%) of the units shall be set at an affordable rent, as defined in Cal. Health and Safety Code § 50053.
b.
The rent for remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
C.
For sale units.
1.
An Applicant for a for-sale housing development that utilizes the density bonus provisions of this chapter shall ensure that the affordable unit is initially sold to and occupied by persons and families of very low, low, or moderate income, as required, and that the affordable units are offered at an affordable sales price.
a.
If the affordable unit is not purchased by an income-qualified person or family within one hundred eighty (180) days after the issuance of the certificate of occupancy, the unit may be purchased by a qualified nonprofit housing corporation that meets all of the following requirements pursuant to a recorded contract that satisfies all of the requirements specified in Cal. Rev. and Tax. Code § 402.1(a)(10):
ii.
The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least forty-five (45) years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate Income, as defined in Cal. Health and Safety Code § 50052.5.
2.
The city shall enforce an equity-sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity sharing agreement:
a.
Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.
b.
The city shall recapture any initial subsidy, if applicable, and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes described in Cal. Health and Safety Code § 33334.2(e) that promote homeownership.
i.
The city's proportionate share of appreciation shall be equal to the ratio of the local government's initial subsidy to the fair market value of the home at the time of initial sale.
ii.
The city's initial subsidy, if applicable, shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price of the affordable unit, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c.
If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to § 20.42.050.C.1.a. of this chapter, the city may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation, if the qualified nonprofit housing corporation is required to use one hundred percent (100%) of the proceeds to promote homeownership for lower income households as defined by Cal. Health and Safety Code § 50079.5 within the jurisdiction of the city.
D.
In determining the maximum affordable rent or affordable sales price of affordable units, the presumed household size as set forth in the city's affordable housing guidelines shall be used, unless the development is subject to different assumptions imposed by other governmental regulations.
E.
Affordable units shall be built on-site and be dispersed throughout the project site. The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the market-rate units in the development; except that the applicant may include a higher proportion of affordable units with more bedrooms. The design, square footage, appearance and general quality of the affordable units shall be compatible with the design of the market-rate units in the development. The development shall comply with all applicable development standards, except those which may be modified as provided by this chapter.
F.
When an applicant proposes to construct a housing development that conforms to the requirements of §§ 20.42.030.B.1. and B.2. that is a shared housing building, such development is not subject to any minimum unit size requirements or minimum bedroom requirements that are in conflict with the definition of shared housing building or unit.
G.
A regulatory agreement, as described in § 20.42.110, shall be required of all developments proposed pursuant to this chapter. The regulatory agreement shall be recorded as a restriction on the development. The regulatory agreement shall be consistent with the city's affordable housing guidelines.
(Ord. 1259, 5-20-2025)
§ 20.42.060 Development incentives.
A.
An applicant that meets the requirements for a density bonus as specified in this chapter shall be granted the number of incentives identified in Table 20.42.060.A, unless otherwise noted.
TABLE 20.42.060.A NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY1 | ||
|---|---|---|
Level of Affordability | Minimum Percentage of Affordable Units | Number of Incentive2 |
Lower Income | 10% | 1 |
17% | 2 | |
24% | 3 | |
100% (up to 20% can be moderate income)2 | 5 | |
Very Low Income | 5% | 1 |
10% | 2 | |
15% | 3 | |
16% | 4 | |
100% (up to 20% can be moderate income)2 | 5 | |
Moderate Income (for-sale units only) | 10% | 1 |
20% | 2 | |
30% | 3 | |
45% | 4 | |
Student Housing Development | 20% lower income | 1 |
23% lower income | 2 | |
Notes: | |
|---|---|
1. | The city shall grant the request for incentives, unless the city makes a written finding, based on substantial evidence, as set forth in Cal. Gov't. Code § 65915(d)(1)(A) through (C) and (d)(4). |
2. | If the housing development is located within one-half mile of a major transit stop or in a very low vehicle travel area in a designated county, the project shall also receive a height increase of up to three additional stories, or 33 feet. The allowed height increase under this section shall not be counted towards the allowed number of Incentives. |
(Ord. 1259, 5-20-2025)
§ 20.42.070 Parking ratios.
A.
General. Upon request by the applicant, a development that is eligible for a density bonus pursuant to this chapter may utilize the related parking ratios shown in Table 20.42.070.A, inclusive of parking for persons with a disability, guests and EVs.
TABLE 20.42.070.A REDUCED PARKING RATIOS | |
|---|---|
Total Number of Bedrooms | Minimum Number of Required Parking Spaces per Unit |
Studio unit | 1 |
1-bedroom | 1 |
2-bedrooms | 1.5 |
3-bedrooms | 1.5 |
4 or more bedrooms | 2.5 |
B.
Additional reduction. Upon request by the applicant, the following housing developments may utilize related additionally reduced parking ratios shown in Table 20.42.070.B, inclusive of parking for persons with a disability, guests, and EVs.
TABLE 20.42.070.B ADDITIONALLY REDUCED PARKING RATIOS1 | ||
|---|---|---|
Type of Density Bonus Housing Development | Minimum Number of Required Parking Spaces | Special Provisions2 |
Rental and for-sale housing development with minimum 11% very low income or 20% lower income units | 0.5 per unit | Must be located within one-half mile of a major transit stop and have an unobstructed access to that major transit stop |
For-sale housing development with minimum 40% moderate income units | 0.5 per bedroom | Must be located within one-half mile of a major transit stop and have an unobstructed access to that major transit stop |
Rental and for-sale housing development with 100% of units for lower income household (except 20% can be for moderate income household), exclusive of a manager's unit(s) | No minimum number of parking space required | Must be located within one-half mile of a major transit stop and have an unobstructed access to that major transit stop |
No minimum number of parking space required | Must have either a paratransit service or an unobstructed access to a fixed bus route service that operates at least eight times a day within one-half mile from the development | |
Special Needs Housing Development with 100% of units for lower income household, as defined in Cal. Health and Safety Code § 51312 or supportive housing developments, as defined in Cal. Health and Safety Code § 50675.14, (except 20% can be for moderate income household), exclusive of a manager's unit(s) | No minimum number of parking space required | Must have either a paratransit service or an unobstructed access to a fixed bus route service that operates at least eight times a day within one-half mile of the development |
Notes: | |
|---|---|
1. | The city may require an increase in the minimum number of required parking spaces, not to exceed that established by Table 20.42.070.A, if supported by a qualified parking study pursuant to Cal. Gov't. Code § 65915(p)(7). |
2. | "An unobstructed access" to a major transit stop or a fixed bus route means a resident is able to access the major transit stop or a fixed bus route without encountering natural or constructed impediments. "Natural or constructed impediments" includes freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit. |
C.
If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, the housing development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking.
(Ord. 1259, 5-20-2025)
§ 20.42.080 Waiver or modification of development standards.
A.
At the applicant's request, a housing development is eligible for the waiver or modification of development standards, if such standards will have the effect of physically precluding the construction of a housing development that meets the eligibility criteria for density bonus established by this chapter at the densities or with the incentives permitted by this chapter.
1.
Exception. A housing development consistent with § 20.42.030.B.8.b.ii. that receives a waiver from any maximum controls on density shall not be eligible for waivers or modifications to development standards pursuant to this section.
2.
The city may deny a request for a waiver or modification of development standards under this section if the city makes a written finding, with substantial evidence, that such request would have a specific, adverse impact, as defined in Cal. Gov't. § 65589.5(d)(2), upon health and safety, upon any real property that is listed in the California Register of Historical Resources, or contrary to state or federal law, where there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B.
The waiver or modification of development standards requested under this section shall neither reduce nor increase the number of Incentives permitted by this chapter.
(Ord. 1259, 5-20-2025)
§ 20.42.090 Application requirements.
An application for a density bonus, incentive, waiver or modification of development standards, or revised parking standard shall be made as follows:
A.
Any request pursuant to this chapter shall be processed concurrently with any other application(s) required for the housing development, including but not limited to those including discretionary land use decisions. The granting of a density bonus, incentive, waiver or modification of development standards, or revised parking standard pursuant to this chapter is a ministerial review, and shall not be interpreted, in and of itself, to require a General Plan amendment, zoning reclassification, or other discretionary approval.
1.
The Director is the review authority for all requests pursuant to this chapter, except for requests for direct financial assistance.
2.
Any requests for direct financial assistance requires the City Council review at a public hearing held in accordance with the procedures set forth for public hearing in this title.
B.
All applications shall be submitted on a form prescribed by the city and shall include the following information:
1.
The name of the proposed development, including the total number of proposed base units, affordable units, and density bonus units proposed.
2.
A description of any density bonus, incentive, waiver or modification, or reduction in parking standard being requested.
3.
Level of affordability of the affordable units and proposed method.
4.
Documentation demonstrating the housing development's eligibility for a requested density bonus, incentive, and/or reduction in parking standard, which may include, not limited to, how the requested Incentive would result in the actual cost reduction.
5.
If a waiver or modification of development standards is requested, a brief explanation of how such development standards would physically preclude the construction of the housing development at the densities or with the incentives permitted by this chapter.
6.
If a density bonus is requested by providing a land donation, the application shall show the location of the land to be dedicated, provide proof of site control, and provide evidence that all of the requirements of § 20.42.030.B.9 of this chapter and Cal. Gov't. Code § 65915(g) can be met.
7.
If a density bonus or incentive is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements of § 20.42.040.B.2. of this chapter and Cal. Gov't. Code § 65915(h) can be met.
8.
If a density bonus or incentive is requested for a condominium conversion, the applicant shall provide evidence that all of the requirements of § 20.42.030.B.9. of this chapter and Cal. Gov't. Code § 65915.5 can be met.
(Ord. 1259, 5-20-2025)
§ 20.42.100 Review procedures.
A.
An application for a density bonus, Incentive, or waiver or modification of development standards shall be acted upon by the approval authority concurrently with the application for a housing development. The granting of a density bonus shall not be deemed approval of the entire housing development.
B.
The city shall grant the requested density bonus, incentive, waiver or modification of development standards, or revised parking standard, unless it makes a written finding, based on substantial evidence, of one of the following:
1.
The incentive does not result in identifiable and actual cost reductions required to provide for affordable rents or affordable sales prices.
2.
The incentive would have a specific, adverse impact upon public health or safety, the physical environment, or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower and moderate income households. For the purpose of this section, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the development was deemed complete.
3.
The waiver or modification of development standards would not physically preclude the construction of the housing development at the densities or with the incentives permitted by this chapter.
4.
The incentive, or waiver or modification of development standards is contrary to state or federal law.
(Ord. 1259, 5-20-2025)
§ 20.42.110 Regulatory agreement.
A.
Applicants for a density bonus, Incentive, waiver or modification of development standards, or revised parking standard shall enter into an affordable housing agreement with the city in a form acceptable to the City Attorney, and executed by the City Manager or their designee, to ensure that all the requirements of this chapter are satisfied.
B.
The affordable housing agreement for projects utilizing provisions of this chapter shall include, but not limited to, the following:
1.
A description of any density bonus, incentive, waiver or modification of development standards, or revised parking standard included in the housing development.
2.
The total number of dwelling units approved for the housing development, including the number of affordable units.
3.
Level of affordability for affordable units and the standards for determining the corresponding affordable rent or affordable sales price.
4.
The location, dwelling unit sizes (square feet), and number of bedrooms of the affordable units.
5.
Minimum affordability term required for affordable units as required by this chapter.
6.
A construction schedule for completion and occupancy of affordable units.
7.
A description of remedies for breach of the agreement.
8.
Provisions for sale and resale restrictions for for-sale affordable units as specified in § 20.42.050.C. of this chapter.
9.
Other provisions to ensure implementation and compliance with this section.
(Ord. 1259, 5-20-2025)
§ 20.42.120 Enforcement.
A.
The Director, or their designee, may suspend, revoke, or deny any building permit or other approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all owners, agents, and successors of an applicant proposing a project. No entitlement approval, grading permit, building permit or certificate of occupancy shall be issued if it is found in noncompliance with the provisions of this chapter.
B.
Any individual or entity who sells or rents an affordable unit in violation of the provisions of this chapter shall be required to forfeit all monetary gains obtained through noncompliance. Recovered funds shall be deposited into the Affordable Housing Trust Fund.
C.
Selling or renting an affordable unit in violation of the provisions of this chapter is a violation of the City Code. The city may use any appropriate legal actions or proceedings necessary to ensure compliance with this chapter, including:
D.
The city shall be entitled to recover its reasonable attorney's fees and costs.
(Ord. 1259, 5-20-2025)
§ 20.44.010 Purpose.
It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks and residentially zoned districts. The City Council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area, and increase in crime, and can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
(Ord. 938, 7-6-1993)
§ 20.44.020 Definitions.
A.
It is the intent of this section that the definitions set forth in this zoning code shall apply but only where they do not conflict with any definition set forth in this section.
B. "Establishment of an adult entertainment business."1. 2. 3.
As used herein, to "establish" an adult entertainment business shall mean and include any of the following:
The opening or commencement of operation of any such business as a new business.
The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein.
The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of this paragraph, "enlargement" shall mean an increase in size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.
C. "Specified anatomical areas."
As used herein "specified anatomical areas" shall mean and include any of the following:
D. "Specified sexual activities."1. 2. 3. 4.
As used herein, "specified anatomical areas" shall mean and include any of the following:
The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttock or female breast;
Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities set forth in paragraphs D.1. through 3. above.
E. "Adult entertainment establishment."1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.
Any place of business in which one or more of the following activities are conducted:
"Adult book store."a. b.
A commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines or display, shelf, rack, table, stand, or floor area used for the display and sale of the following:
Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, and other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or
Instruments, artificial devices or paraphernalia which are designed for use in connection with specified sexual activities. The term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical.
"Adult motion picture establishment."
A commercial establishment with a capacity of more than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographic reproductions projected on a screen, which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. For purposes of this paragraph and paragraphs E.3. through 8., and E.12., "substantial portion of the total presentation time" shall mean a regular and substantial course of conduct.
"Adult mini-motion picture theater."
A commercial establishment with a capacity of more that five (5) but less than fifty (50) persons, used for the presentation, exhibition or display of films, motion pictures, video cassettes, slides or similar photographs reproductions projected on a screen, and in which a substantial portion of the presentation time is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
"Adult motion picture arcade."
Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, in which a substantial portion of the total presentation time of the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
"Adult drive-in theater."
An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration to persons in motor vehicles or on outdoor seats, in which a substantial portion of the total presentation time of the material being presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
"Adult cabaret."
A nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified anatomical areas and/or feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
"Adult motel or hotel."
A hotel or motel or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
"Adult theater."
A theater, concert hall, auditorium or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
"Adult model studio."a. b.
Any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.
This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Education Code of the State of California for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.
"Sexual encounter establishment."a. b.
A commercial establishment, other than a hotel, motel or similar establishment offering public accommodations which, for any form or consideration, provides a place where two (2) or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas.
This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
"Body painting studio."
Any establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on human body when such body is wholly or partially nude in terms of specified anatomical areas.
"Other adult entertainment business."a. b.
Any other business or commercial establishment not herein described:
Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing or relating to specified sexual activities or specified anatomical areas; or
Which devotes more than fifty percent (50%) of the total area used for display of its stock in trade to items, instruments and paraphernalia which are characterized by an emphasis on depicting, describing, or relating to specified sexual activities.
(Ord. 938, 7-6-1993)
§ 20.44.030 Zones for adult entertainment establishments - Development standards.
Adult entertainment establishments are permitted only in those areas of the city zoned M-P, M-1 and M-2 (as defined in this zoning code) and as set forth herein. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this zoning code for a zone and use most comparable to the proposed adult entertainment business, as determined by the Development Services Director, provided, however, that a certificate of use of land shall not be required to establish an adult entertainment business within the Precise Development (PD) overlay zone.
(Ord. 938, 7-6-1993; Ord. 1014, 6-2-1998)
§ 20.44.040 Minimum proximity requirements.
No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below:
A.
No such establishment shall be establishment within one thousand (1,000) feet of any other adult entertainment establishment.
B.
No such establishment shall be established within one thousand (1,000) feet of any school, church, park, hospital, public operated facility, existing residential dwelling, or residentially zoned property.
(Ord. 938, 7-6-1993)
§ 20.44.050 Measurement of distance between uses.
The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park or residential zone, etc. shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school, public park or residential zone.
(Ord. 938, 7-6-1993)
§ 20.44.060 Closed viewing areas.
No adult use or adult entertainment business shall maintain closed areas, booths, cubicles, rooms or other areas within its place of business that are used designed or furnished for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities).
(Ord. 938, 7-6-1993)
§ 20.44.070 Adult entertainment zoning permit required.
It shall be unlawful to establish, operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the Development Services Director.
(Ord. 938, 7-6-1993)
§ 20.44.080 Permit application.
A.
Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit shall file an application with the Director on a form provided by the Director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by City Council resolution.
B.
The application for a permit shall contain the following information.
1.
The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation, the date and place of incorporation, the names and addresses of the officers, directors, and each stockholder owning more than ten percent (10%) of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer.
2.
Name, address and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices.
3.
The proposed business name of the adult entertainment establishment and description of the type of adult establishment.
4.
Street address of the proposed adult entertainment establishment and the parcel number of the property.
5.
A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property.
6.
If the adult entertainment establishment was in existence as of the effective date of these regulations the date the establishment first commenced operation.
7.
Any other information reasonably necessary to accomplish the purposes of these regulations.
C.
Referral to other city departments. The Director may refer the application to other city departments to determine whether the premises where the adult entertainment establishment is located, or will be located, complies with the city's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer.
D.
Action and application. The Director shall determine whether to grant or deny the permit within thirty (30) working days after receipt of a complete application.
(Ord. 938, 7-6-1993)
§ 20.44.090 Grounds for permit denial application/ revocation.
A.
The Director shall approve the permit unless he or she determines from a consideration of the application, city inspection of the premises or other pertinent information that:
1.
That information contained in the application or supplemental information requested from the applicant is false in any material detail.
3.
The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations.
4.
The premises where adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to the city's building, health, zoning, and fire ordinances.
5.
That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder or the applicant which the stockholder owns more than ten percent (10%) of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended.
B.
Notice of permit denial shall be in writing and shall state the grounds therefore. Notice shall be personally served on the permit applicant or mailed to the address listed on the application form.
C.
An adult entertainment permit may be suspended for up to one year or revoked for any of the reasons specified as grounds for permit denial in paragraph A.1. through 5. above.
(Ord. 938, 7-6-1993)
§ 20.44.100 Permit conditions.
The Director may condition the issuance of an adult entertainment zoning permit by imposing reasonable conditions to insure compliance with these provisions and other sections of the Brea City Code.
(Ord. 938, 7-6-1993)
§ 20.44.110 Sale or transfer of business.
A.
No permit issued pursuant to this chapter may be assigned or transferred without the prior written approval of the Director. The applicant shall apply for a transfer on a form provided by the Director, and shall pay a nonrefundable application processing fee in the amount established by City Council resolution.
B.
Transfer of partnership or corporate ownership. An application for approval of a transfer of a permit shall be required prior to any change in an interest in a partnership or ownership of ten percent (10%) or more of the stock of a corporation to any person not listed on the application filed by said application.
C.
An application for transfer of a permit may be denied for any of the grounds specified for denial of an original permit application in § 20.44.090 of this chapter. Procedures for notice of denial of a transfer and appeal thereof shall be identical to those procedures for denial of a permit application specified in § 20.44.090 of this chapter.
(Ord. 938, 7-6-1993)
§ 20.44.120 New permit required.
The permittee must apply for a new adult entertainment permit as follows:
A.
Prior to any change in the location of the adult entertainment establishment.
B.
Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein.
C.
Prior to any change in the business name of the adult entertainment establishment.
D.
Prior to the enlargement of an existing adult entertainment establishment.
(Ord. 938, 7-6-1993)
§ 20.44.130 Display of permit.
Each person to whom or for whom a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises.
(Ord. 938, 7-6-1993)
§ 20.44.140 Violation and penalties.
Any person who knowingly violates any of the provisions shall be deemed guilty of a misdemeanor. Each violation of this chapter shall be punishable by fine not exceeding five hundred ($500) dollars or by imprisonment for a period not exceeding six (6) months or by both. Violations of these regulations may also be addresses in a civil action.
(Ord. 938, 7-6-1993)
§ 20.48.010 Off-site hazardous waste facility requirements.
The provisions of this chapter are intended to meet the requirements of AB 2948 (Tanner, 1986) which requires the County of Orange to adopt a Countywide Hazardous Waste Management Plan and the city to adopt, by ordinance or general plan amendment, hazardous waste controls by establishing uniform standards, land use regulations, and a permit process for controlling the location, design, maintenance, and safety of off-site hazardous waste facilities.
(Ord. 924, 8-4-1992)
§ 20.48.020 Applicability.
A.
The specific requirements of this chapter are applicable to the siting and development of off-site hazardous waste facilities as defined in § 20.00.070.B. of this title, as amended.
B.
The off-site hazardous waste facility definition does not apply to: Transportable Treatment Units (TTU), which are designed to be moved intact or in modules and which are intended to be operated at a given location for a limited period of time, or permanent on-site hazardous waste facilities at locations where hazardous waste is produced, and which are owned by, leased to, or under the control of the producer of the waste. All such facilities (i.e., off-site, on-site, TTU) shall be subject to the applicable federal, state, and local licensing to construct and operate.
(Ord. 924, 8-4-1992)
§ 20.48.030 Procedures.
The following procedures are intended to identify the steps for processing an application for off-site hazardous waste facilities, in addition to the requirements of § 20.408.030.C. of this title, as amended. These procedures include steps to be taken by the applicant, state, and city.
A.
At least ninety (90) days before filing a conditional use permit application with the Development Services Department for a project, the applicant shall file with the Office of Permit Assistance (OPA) and the city, a Notice of Intent (NOI) to make an application. The NOI shall contain a complete description of the nature, function, and scope of the project. The OPA shall immediately notify the affected state agencies of the NOI. The city shall publish a notice in the newspaper of general circulation in the area and shall notify, by a direct mailing, the owners of real property within one thousand (1,000) feet of the project boundary, as shown on the Orange County latest equalized assessment roll. The city shall impose a fee upon the project applicant equal to the cost of notification required by this section.
B.
Within ninety (90) days after a Notice of Intent is filed with OPA, the OPA shall convene a public meeting within the city to inform the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project. The city shall contact OPA regarding the location and time of the meeting and shall have the representative(s) attend.
C.
Within ninety (90) days after receiving a notification of the filing of the NOI, the City Council shall appoint a Local Assessment Committee (LAC) comprised of at least seven (7) members. The city shall charge the applicant a fee to cover the city's costs of establishing and convening the LAC.
D.
The city shall notify OPA, in writing, within ten (10) days after it has determined that the application for the project is complete. Within sixty (60) days after receiving this notice, the OPA shall convene a meeting with the lead and responsible agencies for the project, the applicant, the LAC, and the interested public for the purpose of determining the issues which concern the public. The meeting shall take place in the city.
E.
Following the meeting as specified in paragraph D. of this section, the applicant and the LAC of the city shall meet and confer on the project proposal for the purpose of establishing the terms and conditions under which the project may be acceptable to the community.
F.
If the LAC finds that it requires assistance and independent advice to adequately review a proposed project, it may request technical assistance grants from the city to enable the LAC to hire a consultant to assist and/or advise the LAC. The LAC may use the technical assistance grant funds to hire a consultant to do either, or both, of the following:
1.
To assist the Committee in reviewing and evaluating the application for the project, the environmental documents prepared for the project pursuant to the California Environmental Quality Act, and any other documents, materials, and information that are required by a public agency in connection with the application for a land use decision or a permit.
2.
To advise the LAC in meetings and discussion with the facility proponent when seeking an agreement on the terms and conditions under which the project may be acceptable to the community.
G.
The project applicant shall pay a fee equal to the amount of any technical assistance grants provided to the LAC and the cost of staff time to review the project.
(Ord. 924, 8-4-1992)
§ 20.48.040 Local Assessment Committee (LAC).
A.
Pursuant to § 20.48.030.C. of this chapter, the City Council shall appoint an LAC comprised of at least seven (7) members. The membership of the LAC shall be broadly constituted to reflect the make up of the community and shall include three (3) representatives of the community at large, two (2) representatives of environmental or public interest groups, and two (2) representatives of affected business and industries. Members of the LAC shall have no direct financial interest, as defined in Cal. Gov't Code § 87103, in the proposed specified hazardous waste facility project (requirement of Cal. Health & Safety Code § 25199.7(d)(1)).
B.
The LAC shall elect a Chairperson from among its members for a term of one year, and subject to other provisions of law may create and fill such other offices as it may determine.
C.
Pursuant to Cal. Health & Safety Code § 25199.7(d)(2), the LAC duties shall include the following:
1.
Negotiate with the applicant for the proposed hazardous waste facility project on the detailed terms of, provisions of, and conditions for project approval which would protect the public health, safety, and welfare, and the environment of the city and its surroundings and would promote the fiscal welfare, and the environment of the city and its surroundings and would promote the fiscal welfare of the city through special benefits and compensation.
2.
Represent generally, in negotiation with the applicant, the interests of residents in the city and interests of adjacent communities.
3.
Receive and expend the technical assistance grants made available as specified in § 20.48.030.F. of this chapter.
4.
Adopt rules and procedures which are necessary to perform its duties as outlined herein and shall keep a record of its meetings, transactions, findings, determinations, which record shall, during all regular business office hours be open for public inspection.
5.
Advise the city of the terms, provisions, and conditions for project approval which have been agreed upon by LAC and the applicant and of any additional information which the LAC deems appropriate. The approval body and/or legislative body of the city may use this advice for their independent consideration of the project.
6.
Cease to exist after final administrative action which has been taken by the state and local agencies on the permit applications for the project for which the LAC was formed.
D.
The Development Services Staff shall provide staff resources to assist the LAC in performing its duties.
(Ord. 924, 8-4-1992)
§ 20.48.050 Public hearings.
The proposed off-site hazardous waste facility shall require a public hearing before the City Planning Commission and is therefore subject to the notification and processing requirements for a conditional use permit in accordance with §§ 20.48.030 and 20.408.030.C. of this title, except that the notice of public hearing shall be mailed to all owners of property within a radius of one thousand (1,000) feet of the exterior boundaries of the property under consideration.
(Ord. 924, 8-4-1992)
§ 20.48.060 Findings.
The Planning Commission shall make the following findings in addition to the findings and conditions in § 20.408.030.D. of this title:
A.
The project will be consistent with the Regional Fair Share Facility Needs Assessment and Siting Policies in accordance with Part V as established in the Orange County Hazardous Waste Management Plan; and
B.
The project will comply with the development standards and facility siting criteria as established in this chapter.
(Ord. 924, 8-4-1992)
§ 20.48.070 Commission action and appeals.
A.
Any decision of the Planning Commission may be appealed to the City Council in accordance with Chapter 20.424 of this title.
B.
An applicant or an interested person may file an appeal of a land use decision made by the City Council to the Governor's Appeal Board within thirty (30) calendar days after the date the City Council takes final action on the land use decision.
(Ord. 924, 8-4-1992)
§ 20.48.080 Use of permit.
A.
A hazardous waste facility permit shall be granted for only those substances and quantities identified in the conditions of approval. No additional types of wastes or increases in the quantity of wastes shall be allowed beyond those specified in the approved facility permit, unless a separate application is made therefore which shall satisfy the same procedures and contents as those required in an initial application.
B.
Any use authorized under the provisions of this facility must be exercised within the time limit pursuant to § 20.408.030.F. of this title.
(Ord. 924, 8-4-1992)
§ 20.48.090 Facility siting criteria.
All off-site hazardous waste facility projects shall be consistent with the siting criteria as described in Table V-3, Part V of the Orange County Hazardous Waste Management Plan.
(Ord. 924, 8-4-1992)
§ 20.48.100 Safety and security.
A.
The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto any portion of the facility.
B.
The operator shall provide a twenty-four (24) hour surveillance system (i.e., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the facility.
C.
An artificial or natural barrier (e.g., a fence in good condition or a fence combined with a berm) shall be constructed which completely surrounds the facility.
D.
All gates or other entrances into the facility shall be provided with adequate means to control entry at all times. Signs with the legend, “DANGER - HAZARDOUS WASTE AREA - UNAUTHORIZED PERSONNEL KEEP OUT,” shall be posted at each entrance to the facility, and at other locations, in sufficient numbers to be seen from any approach. The legend shall be written in English, Spanish, and any other language predominate in the area surrounding the facility, and shall be legible from a distance of at least twenty-five (25) feet. Existing signs with a legend other than “DANGER - UNAUTHORIZED PERSONNEL - KEEP OUT” may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
(Ord. 924, 8-4-1992)
§ 20.48.110 Contingency plan.
The owner/operator for an off-site hazardous waste facility shall provide a contingency plan to the City Fire Department in accordance with the Cal. Health & Safety Code § 25504.
(Ord. 924, 8-4-1992)
§ 20.48.120 Monitoring.
A.
Upon reasonable notice, the city, its designated representatives, or other affected regulatory agencies may enter a parcel for which a conditional use permit for hazardous waste facility has been granted for the purpose of monitoring the operation of the facility.
B.
The holder of a conditional use permit shall report quarterly to the City Fire Department the amount, type, and disposition of all wastes processed by the facility. Included in this report shall be copies of all manifests showing the delivery and types of hazardous waste materials. The report should also include a map showing the exact location (coordinates and elevation) by quantity and types of material placed in repositories or otherwise stored or disposed on site.
C.
All structures shall remain accessible for inspection purposes by the city, its designated representatives or other affected regulatory agencies.
(Ord. 924, 8-4-1992)
§ 20.48.130 Closure plan.
The owner or operator of a hazardous waste management facility shall submit a written closure plan pursuant to Art. 80, § 780.107 of the City Fire Code.
(Ord. 924, 8-4-1992)
§ 20.48.140 Financial responsibility.
Prior to issuance of an occupancy permit to begin the use identified in this permit, the applicant shall submit a proof of liability insurance to the city as follows:
A.
The types, amounts, periods of coverage, and provisions for periodic review as to adequacy of coverage shall be specified in the conditions of approval. Required insurance shall include, but is not limited to: general liability insurance, automotive liability insurance, environmental impairment liability insurance, and architect's and engineer's professional liability insurance. All such insurance shall name the city as an additional insured and shall be maintained for the life of the site and such additional periods as shall be specified in the conditions of approval.
B.
Additionally, coverage shall be provided for workers compensation insurance and such other insurance as may be required. Said insurance shall name the city as the additional loss payee. Certificates of insurance shall be submitted to the city annually.
C.
An irrevocable trust shall be established to provide funds for closure of site and its long term post-closure, monitoring and maintenance. Quarterly funds for this trust would be provided by the owner of the facility based on quantity and types of hazardous waste received and processed or percentage of gross income. The terms of the trust shall be as agreed upon by the project owner and the city. The terms shall be reviewed annually in regard to the amount of funds in the trust and anticipated closure, monitoring, and maintenance costs. The applicant shall provide a bond in an amount to be determined by the city for purposes of closure of site.
D.
The applicant shall defend, indemnify, and hold harmless the city, its officers, agents, servants, and employees from all claims, actions, liabilities arising out of issuance of this permit, operations at the facility and transportation of wastes to and from the facility.
(Ord. 924, 8-4-1992)
§ 20.52.010 Intent and purpose.
The city recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that accessory dwelling units and junior accessory dwelling units are a valuable form of housing in California. It is the intent of the city to permit all types of accessory dwelling units in all areas zoned to allow single-family, multi-family and mixed-use residential, in conformance with state law, and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments.
(Ord. 1242, 8-15-2023)
§ 20.52.020 Definitions.
For the purpose of this chapter, the following definitions shall apply.
Same definitions as specified in § 20.00.070.B. of this title.
Also referred to as "Junior Accessory Dwelling Unit" in this chapter. Same definitions as specified in § 20.00.070.B. of this title.
A room or an area within a room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a sink, a cooking facility, a food preparation counter, and storage cabinets.
A location defined in Cal. Public Resources Code § 21064.3.
A room that includes a toilet compartment, sink with hot and cold-water taps, and shower or bathtub.
(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)
§ 20.52.030 Applicability.
Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit or a junior accessory dwelling unit shall comply with the requirements of this chapter and the city's building and fire codes. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this chapter shall not be:
A.
Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
B.
Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located.
(Ord. 1242, 8-15-2023)
§ 20.52.040 Development standards.
A.
Permitted locations. An accessory dwelling unit or junior accessory dwelling unit shall be allowed if the existing lot and dwelling meet the following requirements:
B.
Number of units per lot.
1.
Properties with a proposed or existing single-family dwelling.
2.
Properties with a proposed or existing multi-family dwelling.
a.
One interior accessory dwelling unit or up to 25% of the existing units, whichever is higher; and
b.
Up to two detached accessory dwelling units on a lot with a proposed multi-family dwelling; or
c.
Up to eight detached accessory dwelling units on a lot with an existing multi-family dwelling, provided that the number of accessory dwellings does not exceed the number of existing units on the lots.
C.
The following development standards contained in Table 20.52.040.A (Accessory Dwelling Unit Development Standards) apply based on the type of unit and the applicable development standards. All accessory dwelling units are required to comply with all applicable standards:
TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS | |||
|---|---|---|---|
Accessory Dwelling Unit, Junior | Accessory Dwelling Unit | ||
Attached | Detached | ||
Minimum Unit Size | 150 square feet | 150 square feet | |
Maximum Unit Size | 500 square feet Note: Up to 150 square feet may be added to an existing primary dwelling unit to accommodate ingress or egress, but the unit size for the junior accessory dwelling unit shall not exceed 500 square feet. | No more than 50% of the existing primary dwelling unit square footage, or 1,200 square feet, whichever is less. | 1,200 square feet |
Notes: If an Accessory Dwelling Unit is created by converting an existing space, there is no maximum unit size requirement. Such conversion may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted area. | |||
Maximum Site Coverage | The standards of the underlying zone shall apply | 800 sq. ft.: No maximum >800 sq. ft.: The standards of the underlying zone shall apply | |
Maximum Rear Yard Coverage | The standards of the underlying zone shall apply | 800 sq. ft.: No maximum >800 sq. ft.: The standards of the underlying zone shall apply | |
Minimum Outdoor Living Space | The standards of the underlying zone shall apply | 800 sq. ft.: No maximum >800 sq. ft.: The standards of the underlying zone shall apply | |
Minimum Setbacks | The standards of the underlying zone shall apply | Front - The standards of the underlying zone shall apply Side - 4 feet Rear - 4 feet Notes: A detached accessory dwelling unit shall be located no closer than the front-most building wall of the primary dwelling unit No additional building setback shall be required for an accessory dwelling unit that is created by conversion of an existing space, such as primary dwelling unit, garage, accessory structure, if the accessory dwelling unit is created in the same location and to the same dimensions as an existing structure. Front yard setback may be reduced if applying the standards of the underlying zone prevents creation of an 800 square-foot unit. | |
Maximum Structural Height | The standards of the underlying zone shall apply | 25 feet or the standards of the underlying zone, whichever is lower Note: If an accessory dwelling unit is attached to the second floor of the primary dwelling unit, the maximum height shall be the height of the existing primary dwelling unit. | 16 feet maximum Note: If the accessory dwelling unit is located on a lot with an existing or proposed multi-family dwelling that is multi-story, or located within mile walking distance of a major transit stop or a high-quality transit corridor, the maximum height shall be 18 feet. |
Minimum Distance Between Buildings | Not Applicable | Not Applicable | Minimum 10 feet between the main dwelling unit and the detached accessory dwelling unit Note: No additional building separation is required for an existing garage or an existing accessory building that is converted to an accessory dwelling unit |
Access | Must have independent entrance from the exterior into the Junior Accessory Dwelling Unit If the unit shares sanitation facility with the primary dwelling, the unit must also include an interior access to the primary dwelling | Must have independent entrance from the exterior into the accessory dwelling unit | |
Minimum Kitchen Requirements | Efficiency kitchen | ||
Sanitation Facility | May share sanitation facility with main dwelling unit or have separate sanitation facility | Must have separate sanitation facility | |
Minimum Parking Requirements | As specified in § 20.08.040.D. of this title. | ||
D.
Unit size calculation. When calculating the unit size, non-livable space attached to any accessory dwelling units, including, but not limited to, attached garages, porches, patios, overhangs, and balconies shall not be included.
E.
Addressing. Address numbers of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.
F.
Attached accessory structures. All accessory structures attached to an accessory dwelling unit or a junior accessory dwelling unit, including but not limited to, patio covers, porches, garages, and balconies, shall comply with requirements of the underlying zone.
G.
Emergency access. Adequate access by emergency services to the primary dwelling unit, accessory dwelling unit, and junior accessory dwelling unit shall be provided.
H.
Fire sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit or junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
I.
Nonconforming conditions. The correction of a physical improvement on a lot that does not conform with the city's current zoning standards is not required in order to establish an accessory dwelling unit or a junior accessory dwelling unit on such lot.
J.
Code compliance. All accessory dwelling units shall comply with all applicable Fire and Building Codes.
K.
Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to requirements specified in Table 20.52.040.A. may be considered by the city through a Certificate of Compatibility process pursuant to § 20.408.050 of this Title.
(Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)
§ 20.52.050 Owner occupancy requirements.
A.
Accessory dwelling units and junior accessory dwelling units shall not be sold or owned separately from the primary dwelling unit, except as otherwise provided in Cal. Gov't Code § 66341. If an accessory dwelling unit is sold or conveyed separately from the primary residence pursuant to Cal. Gov't Code § 66341, it shall comply with the following:
B.
Any junior accessory dwelling unit and accessory dwelling unit that is used as a rental unit must be rented for no less than 30 consecutive days at any time.
C.
Junior accessory dwelling units. If the property contains a junior accessory dwelling unit, the legal owner of such property must occupy one of the residential dwellings on the property as that person's legal domicile and permanent residence as long as the junior accessory dwelling unit exists on the property.
D.
The legal owner of a property with a junior accessory dwelling unit subject to the owner occupancy requirements as specified in subsection C. of this section shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for such junior accessory dwelling, which shall include the following requirements and any other provisions required by state law:
1.
The junior accessory dwelling unit may not be sold, transferred, or assigned separately from the primary residence;
2.
The junior accessory dwelling unit may not be rented for a period of less than 30 consecutive days;
3.
The junior accessory dwelling unit shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; and
4.
Such restrictions shall run with the land and be binding upon all future owners, and lack of compliance may result in legal action against the property owner to compel compliance with this code. The covenant shall be recorded in the official records of Orange County, and a copy of the covenant shall be filed with the office of the City Clerk.
(Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)
§ 20.52.060 Action on an application.
A.
The application for an accessory dwelling unit or junior accessory dwelling unit shall be reviewed ministerially through the city's building permit plan check process, without any discretionary review or hearing. If the city determines that the application and evidence submitted show that the accessory dwelling unit or junior accessory dwelling unit will comply with the requirements of this section, the application shall be approved as follows:
1.
If the application is for an accessory dwelling unit or junior accessory dwelling unit on a lot with an existing single-family or multi-family dwelling, the city shall either approve or deny the application within 60 days from the date the city receives a completed application.
a.
The applicant may request a delay of a city approval or denial. In such case, the 60-day time period shall be tolled for the period of the requested delay.
2.
If the application is for an accessory dwelling unit or junior accessory dwelling unit or junior accessory dwelling unit proposed in conjunction with a new single-family or multi-family dwelling, the city may delay either approving or denying the application until the city either approves or denies the permit application for the new single-family or multi-family dwelling.
B.
Fees. All applications for accessory dwelling units must be accompanied by the required application fee.
(Ord. 1242, 8-15-2023)
§ 20.56.010 Intent and purpose.
The intent and purpose of this chapter is to provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Cal. Gov’t Code §§ 65852.21 et seq. and §§ 66411.7 et seq., and to facilitate the development of new residential dwelling units consistent with the City's General Plan and ensure sound standards of public health and safety. If there are any conflicts between this chapter and Cal. Gov’t Code §§ 65852.21, 66411.7, and 66452.6, then the state law preempts any local law.
(Ord. 1242, 8-15-2023)
§ 20.56.020 Definitions.
For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings.
Same definitions as specified in § 20.00.070.B. of this title.
Same definitions as specified in § 20.00.070.B. of this title.
A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Cal. Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Cal. Revenue and Taxation Code § 214.15).
A single-family residential zone includes the R-1 (Single-Family Residential District), E4 (Residential Estate District), and RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.
Same definitions as specified in § 20.00.070.B. of this title.
The ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one lot into two lots within a single-family residential zone or within a specific plan development area implementing a single-family residential zone pursuant to Cal. Government Code § 66411.7.
(Ord. 1242, 8-15-2023)
§ 20.56.030 Two-unit developments and urban lot split applicability.
A proposed housing development containing no more than two dwelling units within a single-family residential zone or within a specific plan development area implementing a single-family residential zone, and/or a parcel map for an urban lot split, shall be considered through ministerial review, without discretionary review or a hearing, if the proposed two-unit development and/or urban lot split meet all of the following requirements:
A.
The proposed development shall not be located on any lot identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
B.
Notwithstanding any provision of this Section, the proposed housing development would not require demolition or alteration of any of the following types of housing:
1.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2.
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
3.
A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
4.
Housing that has been occupied by a tenant in the last three years.
C.
The development is not located within a historic district or property included on the National Register of Historic Places, Buildings, or Structures; the California State Resources Inventory; the Orange County Historic Register; or the Brea Historic Resources Register.
D.
The parcel has not been established through prior exercise of an urban lot split as provided for in this Section.
(Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024)
§ 20.56.040 Two-unit developments.
The following standards and criteria shall apply to all proposed residential units permitted under this article. Notwithstanding these requirements, all residential lots zoned for single-family use shall be permitted to construct up to two dwelling units. Two-unit developments must meet all the following requirements:
A.
The following development standards contained in Table 20.56.040.A (Two-Unit Development Standards) apply:
TABLE 20.56.040.A TWO-UNIT DEVELOPMENT STANDARDS | ||
|---|---|---|
Required Zoning Designation | Permitted within single-family residential zones or within a specific plan development area implementing a single-family residential zone. | |
Maximum Number of Units | 2 dwelling units developed in accordance with this Section. Note: The maximum number of units does not include the potential for one (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot. | |
Minimum Unit Size | 150 square feet | |
Maximum Unit Size | 800 square feet Note: No maximum unit size shall be required for a two-unit development that is created by conversion of an existing space, such as primary dwelling unit, garage, accessory structure, if the dwelling unit is created in the same location and to the same dimensions as an existing structure. | |
Setbacks | Front - The standards of the underlying zone shall apply Side - 4 feet Rear - 4 feet Note: At the discretion of the City Planner, the front setback may be reduced if an applicant can demonstrate that reduced front setback is necessary to construct an 800 sq. ft. unit. | |
Building Height | Attached to existing main dwelling: The standards of the underlying zone shall apply. | Detached or new construction: The maximum height is 16 feet. Note: At the discretion of the City Planner, additional building height may be permitted up to the height limit of the underlying zone if an application can demonstrate that additional height is necessary to construction an 800 sq. ft. unit. |
Distance Between Buildings | Attached to existing main dwelling: Not Applicable | Detached: 10 feet Notes: No additional building separation is required for an existing accessory building that is converted to dwelling unit for the purposes of this Section. At the discretion of the City Planner, the distance between buildings may be reduced if an application can demonstrate that less space is necessary to construct an 800 sq. ft. unit. |
Access | Must have independent entrance from the exterior. | |
Parking | As specified in 20.08.040.D. of this title. | |
General Development Standards | Unless otherwise indicated in this Section, the standards of the underlying zone shall apply. Note: At the discretion of the City Planner, deviations from the standards of the underlying zone may be considered if the applicant can demonstrate that such deviation is necessary to construct an 800 sq. ft. unit. | |
B.
Unit size calculation. When calculating units site coverage, non-livable space attached to the units, including, but not limited to, attached garages, porches, patios, overhangs, and balconies shall not be included.
C.
Addressing. Address number of all dwelling units on the lot shall be displayed clearly visible from the street.
D.
Foundation. New dwellings for the purposes of this section shall be constructed upon a permanent foundation.
E.
Code compliance. Two-unit developments shall comply with all applicable Fire and Building Codes.
F.
Utilities. Two-unit developments shall have separate utility connections and separate utility meters.
G.
Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.
H.
Deed restriction. The legal owner of a property improved with a two-unit development shall record a covenant in a form satisfactory to the City Attorney within thirty (30) days following the issuance of a building permit, that does each of the following:
1.
Expressly prohibits any rental of a dwelling on the property for a period less than thirty (30) consecutive days.
2.
Expressly prohibits any non-residential use of the lot.
3.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.
4.
If the lot does not undergo an urban lot split, expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.
5.
Limits development of the lot to dwelling units that comply with the requirements of this Section, except as required by state law.
I.
Associated permits. If an application for a two-unit development triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.
(Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)
§ 20.56.050 Urban lot split.
The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to Cal. Gov’t Code § 66411.7 and Chapter 20.56 of this Code. Urban lot splits must meet all the following requirements:
A.
The following development standards contained in Table 20.56.050.A (Urban Lot Split Standards) apply:
TABLE 20.56.040.B URBAN LOT SPLIT STANDARDS | |
|---|---|
Required Zoning Designation | Permitted within single-family residential zones or within a specific plan development area implementing a single-family residential zone. |
Maximum Number of Units | 2 dwelling units developed in accordance with this Section. Notes: Lots created from implementing the provisions of the Urban Lot Split shall not be eligible for more than a total of two dwelling units per lot. |
Minimum Lot Size | The size of the new lot shall be at least 40% of the existing lot prior to the Urban Lot Split. Notes: In no instance shall the new lots be less than 1,200 sq. ft. |
Lot Frontage | All lots shall have frontage directly onto a public or private street, excluding alleys. |
Lot Width | All lots shall have a minimum lot width of 24 feet abutting a street. |
Setbacks | No setbacks are required for a legally permitted existing structure. New construction shall comply with the requirements of Table 20.56.040.A. |
New Units | All new Two-Unit Development units constructed after the implementation of an Urban Lot Split shall comply with the requirements of Table 20.56.040.A. |
Parking | As specified in Section 20.08.040.D. of this title. |
General Development Standards | Unless otherwise indicated in this Section, the standards of the underlying zone shall apply. |
C.
Map act compliance. An urban lot split shall comply with all applicable objective requirements of the Subdivision Map Act unless otherwise specified in this article or in state law.
D.
Easements. No dedications of rights-of-way or construction of off-site improvements may be required for the parcels being created. However, the city may require easements for the provision of public services and facilities when considering an application for a parcel map for an urban lot split.
E.
Code compliance. Urban lot splits shall comply with all applicable Fire and Building Codes.
F.
Utilities. Two-unit developments shall have separate utility connections and separate utility meters.
G.
Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.
H.
Notice to adjoining property owners. Prior to final map recordation, the property owner shall provide a notarized authorization that written notice was provided to all the owners, as shown on the last adopted tax roll of Orange County, of property adjoining the subject property or any contiguous property in the same ownership as the subject property. Such notice shall contain the location of the properties, notice that construction has been authorized, and contact information for the Building & Safety Department and project manager.
I.
Deed restriction. The legal owner of an urban lot split property shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for a two-unit development, that does each of the following:
1.
Expressly prohibits any rental of any dwelling unit on the property for a period less than 30 days.
2.
Expressly prohibits any non-residential use of the lots created by the urban lot split.
3.
Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.
4.
States that:
J.
Occupancy. The legal owner of an urban lot split property shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.
K.
Associated permits. If an application for an urban lot split triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.
(Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)
§ 20.60.010 Purpose and intent.
The purpose of this chapter is to promote the historic, cultural, educational, economic, and general welfare of the community by:
A.
Assuring that appropriate development is consistent with Land Use, Housing, and Historic Resource Elements of the Brea General Plan.
B.
Establishing a mechanism to identify and preserve the distinct historic and architectural characteristics of Brea which represent elements of the city's cultural, social, economic, political, and architectural history;
C.
Fostering civic pride in the beauty and noble accomplishments of the past as represented in Brea's historic resources;
D.
Encouraging preservation, restoration, and rehabilitation of structures, areas, and neighborhoods, and thereby preventing future blight.
(Ord. 953, 6-21-1994)
§ 20.60.020 Applicability.
This section shall apply to all objects and/or improvements listed in the Brea Historic Resources Register, as amended from time to time.
(Ord. 953, 6-21-1994)
§ 20.60.030 Criteria for designation of individual historic resources.
Any object and/or improvement may be identified as a historic resource upon approval by the Planning Commission, if it meets any of the following criteria:
A.
It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;
B.
It is identified with persons or events significant in local, state, or national history;
C.
It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
D.
It is representative of the work of a notable builder, designer, or architect;
E.
It contributes to the significance of a historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development;
F.
It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation;
G.
It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;
H.
It is one of the few remaining examples in the city, region, state, or nation possessing distinguishing characteristics of an architectural or historical type or specimen.
(Ord. 953, 6-21-1994)
§ 20.60.040 Historic resources register - Establishment and maintenance.
Any object/or improvement which has been approved in accordance with the procedures detailed in § 20.60.050 of this chapter shall be listed in the Brea Historic Resources Register. The Planning Commission shall be responsible for establishing and maintaining this Register.
(Ord. 953, 6-21-1994)
§ 20.60.050 Procedures for designation and/or removal of individual historic resources.
A.
Any person(s) or group(s) may request, with the owner's consent, to designate an improvement as a historic resource by submitting a written request (“nomination”) to the Planning Commission. The nomination shall contain sufficient documentation and information indicating how the nominated resource meets the criteria for designation as established in § 20.60.030 of this chapter.
B.
On the other hand, any person(s) or group(s) may request, with the owner's consent, to remove a historic resource from the Brea Historic Resources Register by submitting a written request to the Planning Commission. The request shall contain sufficient information indicating why the historic resource should be removed from the Register.
C.
The Planning Commission shall consider the request at a public hearing in accordance with the procedures as established in § 20.408.030.E. and Chapter 20.416 of this title.
D.
No discretionary or ministerial permit shall be issued which may affect a resource under consideration for listing in the Historic Resources Register or for which may be removed from the Register while the designation or removal process is pending.
(Ord. 953, 6-21-1994)
§ 20.60.060 Plan review.
A.
Exterior alterations, including but not limited to restoration, rehabilitation, remodeling, additions, demolition, relocation, or subdivision of a designated historic resource shall require a plan review in accordance with § 20.408.040 of this title.
B.
In evaluating a project involving alteration to an identified historic resource, the plan review shall consider the existing and proposed architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the historic resource. The “Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be used as a guide. In addition to these guidelines, the plan review shall comment on project consistency with the following performance guidelines.
1.
With regard to an identified historic structure, the proposed work should neither adversely affect the significant architectural features of the resource no adversely affect the character of the historical, architectural, or aesthetic interest or value of the resource.
2.
With regard to construction of a new improvement, addition, building, or structure upon the site of an identified historic structure, the use and exterior of such improvements would not adversely affect and would be compatible with the use and exterior of existing historic resource.
C.
The Planning Commission shall review any major alteration to a historic resource in a public hearing in accordance with the procedures established in § 20.60.050.C.
(Ord. 953, 6-21-1994)
§ 20.60.070 Preservation incentives.
The city shall promote the use of appropriate preservation incentives to encourage owner(s) to designate, maintain, preserve, and improve historic resources. These incentives may include but are not limited to the following:
A.
Use of the State Historic Building Code (SHBC) which provides alternative and less costly building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as historic structures.
B.
Facade easements of historic buildings to enable property owners to receive property tax deductions.
C.
Reduced or no processing fees for appropriate rehabilitation of designated historic structures.
D.
Technical assistance through the city's Development Services Department and preservation professionals.
E.
Grants and loans for appropriate rehabilitation of designated historic structures.
F.
Awards and other symbols of recognition of exemplary rehabilitation and maintenance of historic structures.
G.
Investigation of the feasibility of other incentives such as transfer of development rights and similar mechanisms for designated historic resources subject to the approval of the City Council.
H.
Eligibility to apply for Mills Act contracts which can lower property taxes of designated historic resources in accordance with § 20.60.120.
I.
Assistance in processing applications for federal investment tax credits for certified rehabilitation of historic structures listed in the National Register of Historic Places.
(Ord. 953, 6-21-1994; Ord. 1254, 3-18-2025)
§ 20.60.080 Appeals.
The procedural provisions of Chapter 20.424 of this title shall apply to any designation, removal, or plan review process.
(Ord. 953, 6-21-1994)
§ 20.60.090 Maintenance and repair.
A.
The owner(s) of a designated historic structure shall keep in good repair the buildings, walls, landscaping, and other portions of the historic structure named as part of the designation. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features in any or property covered by § 20.60.040 of this chapter.
B.
Maintenance and repair shall not involve a change in design, and to the extent possible, material, or external appearance thereof. However, this chapter does not prevent the alteration or removal of a historic structure and/or its related architectural features when the Development Services Director finds and certifies that alteration or removal is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. Such architectural features shall be replaced according to the Secretary of the Interior's Standards for Rehabilitation.
(Ord. 953, 6-21-1994)
§ 20.60.100 Enforcement.
Any person who constructs, alters, removes, or demolishes a historic resource in violation of this zoning code shall be required to restore the building, object, site, or structure to its appearance or setting prior to violation. Any action to reinforce this provision may be brought by the city. This civil remedy shall be, in addition to, and not in lieu of, any criminal penalty or any other remedy provided by law.
(Ord. 953, 6-21-1994)
§ 20.60.110 Recordation.
Any person whose property is designated as a historic resource shall cause to be recorded an instrument disclosing that designation in order to qualify for any incentive or incentives referred to in § 20.60.070 of this chapter.
(Ord. 953, 6-21-1994)
§ 20.60.120 Mills Act Contract.
A.
Mills Act Contract is a voluntary program and only applicable to properties that are officially listed on the federal, state and/or the city's historic register. Both owner-occupied and income-producing properties qualify.
B.
The Mills Act Contract application requires a recommendation of the Finance Committee and an approval of the City Council at a public hearing. Appropriate fees shall be paid as determined by City Council resolution.
C.
General contract terms. The general terms of a Mills Act Contract shall include, but not limited to, the following:
1.
The Mills Act Contract shall be between the legal property owner(s) and the city.
2.
The initial contract term shall be ten (10) years, with automatic annual renewal resulting in a revolving ten (10) year contract.
3.
The property owner must annually provide a report to the city that demonstrates compliance with the Mills Act Contract.
4.
Either party may file a Notice of Non-Renewal, which allows the Mills Act Contract to become null and void upon expiration of the ten (10) year term in effect at the time the notice is filed.
5.
The city shall reserve the right to conduct periodic inspections of the subject property.
6.
The Mills Act Contract shall include a ten (10) year preservation and rehabilitation plan, in which each year's improvement(s) must be equal or greater than the estimated property tax savings. All improvements listed in the ten (10) year preservation and rehabilitation plan must be completed according to the schedule unless otherwise permitted by the city, and such improvements must conform with the Secretary of the Interior's Standards for Historic Rehabilitation and California Historical Building Code.
7.
The city may cancel the Mills Act Contract if the owner is in non-compliance with the terms of the contract pursuant to the established procedure.
8.
If the contract is cancelled for non-compliance, the property owner must pay a cancellation penalty that is equivalent to twelve and one-half (12 ½) percent of the full market value of the property at the time of cancellation.
(Ord. 1254, 3-18-2025)
§ 20.64.010 Purpose.
Consistent with the federal mandates, this chapter is designed to provide local regulation of communication antennas in order to protect the health, safety, and welfare of the people of the city by preventing significant visual impacts resulting from, and reducing safety hazards associated with, the size, height and location of such antenna devices. These standards are designed to foster the city's safety and aesthetic interest without imposing unreasonable limitations on communication antennas, or preventing the reception of transmitting signals, or imposing unreasonable costs on applicants seeking to install such communication antennas.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.64.020 Permit criteria.
A.
This chapter and the regulations contained within shall not apply to communication antennas to the extent that such antennas are preempted from local authority by FCC regulations, or to "wireless communications facilities" regulated by Chapter 20.68 of this Code.
B.
Any communication antenna weighing less than thirty (30) pounds, or under eight (8) feet in height may be installed without a permit, subject to the requirements of the City Building and Electrical Codes, providing the general provisions contained in § 20.64.030 of this chapter are met.
C.
For communication antennas exceeding the above specified weight or height, a permit must first be obtained from the Development Services Director, or his or her designee, in accordance with the provisions of § 20.64.050 of this chapter. Once issued, such permit shall remain valid unless and until the subject antenna is removed from the permitted location, or otherwise is in violation of any provision of this zoning code.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.64.030 General provisions.
The following regulations shall apply to the establishment, installation, and operation of communication antennas in all zones:
A.
A communication antenna shall be installed and maintained in compliance with the requirements of the City Building Code, City Electrical Code, etc.
B.
No advertising material shall be allowed on any communication antenna or its supporting structure.
C.
All communication antennas must be screened from public view to the greatest extent possible with landscaping, fencing, walls, parapets, architectural features, rooflines or screening materials that are architecturally compatible with the site in color and style. The provisions of this chapter as related to screening supersede conflicting provisions of this zoning code.
D.
All ground mounted communication antennas must be secured from public access by appropriate fencing and/or wall. The enclosure must be architecturally compatible with the site in color and style, and must comply with all other provisions of this zoning code.
E.
All electrical wiring associated with any communication antenna shall be buried underground or hidden from public view.
F.
All communication antennas must be adequately grounded, for protection against a direct strike of lightning. Ground wires shall be of the type approved by the latest edition of the Uniform Electrical Code for grounding masts and lightning arresters.
G.
Unless totally screened from public view, all satellite dishes and their supporting structures shall be earth-tone or black in color and shall be constructed of a “see-through” mesh or open grid design.
H.
Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws and regulations pertaining to the installation of communication antennas and/or supporting structures.
I.
All transmitting communication antenna applicants must obtain the necessary Federal Communications Commission (FCC) permits.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.64.040 Placement of communication antennas.
A.
Placement of communication antennas requiring a permit in residential zones.
1.
All communication antennas requiring a permit may be mounted subject to preferred order of placement and all conditions hereinafter provided:
b.
No portion of any communication antenna or its supporting structure shall be located in a required side yard or within five (5) feet of the rear property line.
c.
For corner lots, communication antennas may not be placed in the required street side yard area.
d.
No communication antenna, or its supporting structure, shall be installed in any location which would impede emergency access to any portion of the subject property.
e.
No receive-only ground mounted communication antenna shall exceed ten (10) feet, six (6) inches in diameter.
f.
No receive-only ground-mounted communication antenna shall exceed twelve (12) feet, six (6) inches in mounted height as measured from grade.
2.
a.
The standards set forth hereinabove may be modified upon a showing by the applicant that their strict application would operate to impose unreasonable limitations on, or prevent, reception of transmitting signals, or would impose costs on the applicant that are excessive in light of the purchase and installation cost of the communication antenna. Any such modification shall preserve such screening of the communication antenna as is compatible with usable antenna reception and transmission at a reasonable cost.
b.
If no clear reception window can be found in the rear, side or street side yard areas, then the communication antenna may be mounted in the front yard or the roof, whichever is less visible from the public right-of-way.
(1)
For communication antennas mounted in the front yard, screening shall be accomplished through the use of appropriate fencing, plants, trees or shrubs or other material compatible with the residence or other structures. A combination of trees and shrubs, shall be utilized for screening purposes. Each tree shall be, at minimum, a twenty-four (24) inch box-size specimen. All shrubs shall have a minimum container volume of five (5) gallons at the time of planting. All such screening shall be on three (3) sides and shall be sufficiently high so as to substantially screen the antenna from public view. All screening must meet the criteria established in this chapter to the satisfaction of the City Planner or his or her designee.
(2)
If the communication antenna requires roof mounting, then the use of existing roof lines to screen the antenna is required. In addition, screening shall be accomplished with the use of materials compatible with the structure upon which such antenna is mounted. Such screening shall be on at least three (3) sides and shall be sufficiently high so as to substantially screen the antenna from public view. All screening must meet the criteria established in this chapter to the satisfaction of the City Planner or his or her designee.
3.
All transmitting communication antennas shall be prohibited in residential zones, except those operated by federally licensed amateur radio operators.
a.
All types of transmitting communication antennas that are larger than permitted receive-only communication antennas (per above paragraphs A.1.e. and A.1.f. of this section) are prohibited on the roof and in the front yard. Transmitting communication antennas may be placed in the rear or side yards providing all applicable setbacks are maintained.
b.
Screening requirements for transmitting communication antennas are the same as for receiving communication antennas as described herein except that fencing and/or a block wall shall be installed in such a manner as to prohibit entry by children or animals. The fencing and/or block wall shall be a minimum of six (6) feet in height, and shall be installed within ten (10) feet of the antenna and its supporting structure. The fencing and/or block wall shall encompass the entire perimeter of the antenna with a gate that shall be locked at all times. An existing fence or block wall may be used as a portion of the screening providing it meets the height and placement standards contained in this zoning code. The fencing or wall materials shall be architecturally compatible with the surrounding structures, and shall comply with all provisions of this zoning code.
4.
No more than two communication antennas are permitted for each housing unit on any residential property.
B.
Placement of communication antennas requiring a permit in all other zones.
1.
All communication antennas requiring a permit may be mounted subject to a preferred order of placement and all conditions hereinafter provided:
b.
All communication antennas shall be screened from public view to the greatest extent possible.
c.
No portion of any communication antenna or its supporting structure shall be located within five (5) feet of any property line.
d.
A communication antenna may be located within the street side yard if:
(1)
The antenna is not located within the required street side yard setback;
(2)
The antenna is substantially screened from public view (all antennas must be substantially screened from visibility as viewed from the abutting public property at grade level);
(3)
The street side yard does not abut or directly face a residential zone.
e.
No communication antenna or its supporting structure shall be located in the area between the front property line and the facade of any building on the property.
f.
No communication antenna shall be mounted on or directly attached to the side of any building face. Except for roof mounted antennas, all antennas shall be placed at ground level.
g.
No communication antenna, or its supporting structure, shall be installed in any location which would impede emergency access to any portion of the subject property.
2.
The standards set forth hereinabove may be modified upon a showing by the applicant that their strict application would impose an unreasonable limitation on, or prevent, reception of transmitting signals, or would impose costs on the applicant that are excessive in light of the purchase and installation cost of the communication antenna. Any such modification shall preserve such screening of the antenna as is compatible with usable antenna reception and transmission at reasonable cost.
a.
In the event overall quality of reception in the above preferred order of placement is interfered with, or other circumstances preclude such installation, a permit may be obtained, in accordance with the provisions of this chapter, authorizing the communication antenna to be located in the front yard area or in other areas visible from the public right-of-way, subject to screening requirements as specified herein.
b.
Screening shall be accomplished through the use of appropriate fencing, plants, trees, or shrubs or other material compatible with surrounding structures and landscape. A combination of trees and shrubs shall be utilized for screening purposes. Each tree shall be, at minimum, a twenty-four (24) inch box-size specimen. All shrubs shall have a minimum container volume of five (5) gallons at the time of planting. All such screening shall be on three (3) sides and shall be sufficiently high so as to substantially screen the communication antenna from public view. All screening must be to the satisfaction of the City Planner or his or her designee.
3.
All transmitting communication antennas shall be screened in the same manner as receiving communication antennas as described herein. For ground mounted transmitting antennas, a fence or a block wall shall be installed in such a manner as to prohibit entry by persons other than those who are required to operate the antenna. The fencing and/or block wall shall be a minimum of six (6) feet in height, and shall be installed within ten (10) feet of the antenna and its supporting structure. The fencing and/or block wall shall encompass the entire perimeter of the dish and have a gate that shall be locked at all times. An existing fence or block wall may be used as a portion of the screening providing it meets the height and placement standards contained in this zoning code. The fencing or block wall materials shall be architecturally compatible with the surrounding structures, fencing and walls, and shall comply with all provisions of this zoning code.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.64.050 Communication antenna permit application.
A.
The applicant shall submit a completed “Uniform Application,” which form of application shall be provided by the Planning Division. In addition to the completed uniform application, the applicant shall also submit the following:
1.
Three (3) sets of plans and specifications as follows:
a.
An overall site plan showing the proposed location of the communication antenna, and any supporting structure proposed to be utilized. Buildings, property lines, public streets, driveways, parking areas, traffic aisles, and any other topographical features shall be shown;
b.
If the proposed communication antenna is to be roof-mounted, then a roof plan which is fully dimensioned, and which indicates the location of the antenna and any existing roof-mounted equipment or structures shall be provided. Furthermore, elevations of the building with the proposed location and mounted height of the antenna shown “beyond” the roof parapet or wall, depending upon where the antenna is to be mounted, shall also be provided. Illustrative cross sections shall be provided for all dishes in non-residential zones;
c.
If the proposed communication antenna is to be ground-mounted an enlarged site plan detail, which is fully dimensioned, indicating the mounted height of the antenna from grade, the location of the antenna in relationship to existing buildings, landscaping, parking areas, loading areas, property lines and any fences or walls shall be provided.
2.
The applicant shall also provide a catalog sheet and specifications from the manufacturer of the proposed communication antenna which illustrates the proposed antenna, the model number, color, material and all dimensions.
B.
If no clear reception window can be found in accordance with the preferred order of placement described in § 20.64.040, paragraphs A.1.a. and B.1.a., of this chapter, then the following additional information shall be required:
1.
Specific reasons as to why the communication antenna proposed to be installed should not be mounted in accordance with the preferred order of placement, as herein prescribed.
2.
Facts showing that circumstances preclude installation in a preferred area, or that reception quality in the preferred area or areas is insufficient.
C.
The application shall be submitted together with the appropriate fee therefore, as set by resolution of the City Council, to cover the administrative costs of processing the application.
D.
Adjacent property owners shall be notified of the request to install a communication antenna five (5) calendar days prior to a decision approving, denying or conditionally approving the communication antenna application.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.64.060 Director's action and appeal procedures.
A.
The Development Services Director shall provide the applicant with a written decision approving, denying or conditionally approving a proposed communication antenna permit within fifteen (15) working days following submission of a complete application pursuant to this chapter. The Director's decision shall contain findings for his or her decision as necessary. The Director shall maintain a copy of the decision on file in the Development Services Department.
(Ord. 955, 8-2-1994; Ord. 965, 4-4-1995)
§ 20.66.010 Purpose.
The intent and purpose of this chapter is to provide objective zoning standards for emergency shelter facilities, in accordance with state law and the city's adopted housing element. In accordance with state law, local governments have a responsibility to provide adequate sites for emergency shelters that serve unhoused individuals and families. This chapter is intended to allow for the development of emergency shelter facilities in specific zoning districts.
(Ord. 1242, 8-15-2023)
§ 20.66.020 Applicability.
Emergency shelter establishments, as defined in § 20.00.070.B. of this Title, are permitted as set forth in Table 20.11.020.A. subject to the requirements contained in this chapter.
(Ord. 1242, 8-15-2023)
§ 20.66.030 Development criteria.
Emergency shelters shall comply with the standards of this section.
A.
Stays at the facility shall be on a first-come first-served basis with clients only on-site and admitted to the facility between 6:00 p.m. and 8:00 a.m. during pacific daylight time and 5:00 p.m. and 8:00 a.m. during pacific standard time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night.
B.
Maximum stay at the facility shall not exceed 120 days in a 365-day period.
C.
Facility location shall be within a half-mile radius from an OCTA bus stop, as measured from the property line.
D.
A minimum distance of 300 feet shall be maintained from any other emergency shelter, any residentially zoned property and any public or private school, as measured from the property line.
E.
A minimum of one staff member per 15 beds shall be awake and on duty when the facility is open.
F.
Minimum parking requirements are as specified in § 20.08.040.D. of this Title.
G.
Bike rack parking shall also be provided by the facility.
H.
Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of § 20.08.040.C.5.b.
I.
A waiting area shall be provided which contains a minimum of ten square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by minimum six foot tall visually screening mature landscaping or a minimum six foot tall decorative masonry wall, and shall provide consideration for shade/rain provisions.
J.
Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by minimum six foot tall visually screening mature landscaping or a minimum six foot tall decorative masonry wall.
K.
Facility improvements shall comply with Title 15, Division I and Title 16 of the Brea Municipal Code, specific to the establishment of dormitories and shall additionally provide:
L.
An operational plan shall be provided for the review and approval of the Development Services Director. Plans may be required to address additional specific needs as identified by the Director. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below:
1.
Security and safety - addressing both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility;
2.
Loitering control - with specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site;
3.
Management of outdoor areas - including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses;
4.
Staff training - with objectives to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income;
5.
Communication and outreach with objectives to maintain good communication and response to operational issues which may arise from the neighborhood, city staff, or the general public;
6.
Screening of clients for admittance eligibility - with objectives to provide first service to Brea residents;
7.
Counseling programs to be provided with referrals to outside assistance agencies, and provide an annual report on this activity to the city; and
8.
Litter control - with an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility.
M.
The facility may provide the following services in a designated area separate from sleeping areas:
1.
A recreation area either inside or outside the shelter;
2.
A counseling center for job placement, educational, health care, legal, or mental health services;
3.
Laundry facilities to serve the number of clients at the shelter;
4.
Kitchen for the preparation of meals;
5.
Dining hall;
6.
Client storage area (i.e. for the overnight storage of bicycles and personal items); or
7.
Similar services geared to homeless clients.
(Ord. 1242, 8-15-2023)
§ 20.68.010 Purpose.
The purpose of this chapter is to provide placement, design and screening criteria for wireless communication facilities in order to protect the public health, safety, general welfare, and quality of life in Brea while preserving the rights of wireless communication providers. The City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these goals. These regulations are intended to supersede applicable provisions of the Zoning Ordinance pertaining to wireless communication facilities, and to establish flexible guidelines for the governance of wireless communications facilities which recognize the unique land use distribution, topography, and aesthetic characteristics of the City of Brea. Wireless communication facilities are prohibited in the City of Brea except as otherwise provided herein.
(Ord. 996, 8-5-1997)
§ 20.68.020 Exemptions.
In the event an emergency or disaster is declared for the area, the Development Services Director may exempt wireless communication facilities from the requirements of this chapter during the duration of such emergency or disaster.
(Ord. 996, 8-5-1997)
§ 20.68.030 Definitions.
Unless otherwise stated, the following definitions pertain to this chapter.
A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes.
Mounted to the side of a building, to the facade of a building or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, but not to include the roof of any structure.
An analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites.
The usage of a single support structure and/or site by more than one wireless communications provider.
Modification to a wireless communication facility as defined in Title 47, Code of Federal Regulations, § 1.6100(b)(3).
Mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting an antenna.
A wireless communication facility that is ground-mounted, and a wireless communication facility that is mounted in any manner on property or buildings owned by the city or in the public right-of-way over which the city has regulatory authority, except for the ones provided in the definition of "minor wireless communication facility."
A stealth wireless communication facility that is a building-, facade-, wall-, or roof-mounted, which is concealed, and a wireless communication facility that is mounted in any manner on property or buildings owned by the city or in the public right-of-way over which the city has regulatory authority, pursuant to a master agreement with the city.
A structure composed of a single spire used to support antennas or related equipment.
Attached or supported.
Any form of commercial communications service utilizing digital wireless radio communication technology, having the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Personal communication services" shall also mean and include "personal wireless services" as defined in Section 704 of the Telecommunications Act of 1996.
Mounted above the eave line of a building.
Any wireless communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna.
This term shall have the same meaning as the term "substantial change" as defined in Title 47, Code of Federal Regulations, § 1.6100(b)(7).
A facility consisting of any commercial antenna, monopole, microwave dish and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless communication facility" does not include any radio or television facility which is exempt from local regulation pursuant to state or federal law.
(Ord. 996, 8-5-1997; Ord. 1204, 9-4-2018; Ord. 1247, 3-19-2024)
§ 20.68.040 Prohibited uses.
The following uses are prohibited within the City of Brea:
A.
Ground-mounted antenna structures on prominent ridge lines as defined in § 20.56.020 of the Brea Zoning Code.
B.
Any facility located in residential zones.
C.
Any facility in the open space areas unless located on an existing pole or structure and the applicant has shown to the City Planner that there is no reasonable alternative.
D.
Any facility in the open space areas unless located on an existing pole or structure and the applicant has shown to the City Planner that there is no reasonable alternative.
(Ord. 996, 8-5-1997; Ord. 1139, 5-18-2010)
§ 20.68.050 Development criteria.
A.
Placement of wireless communication facilities.
1.
Wireless communication facilities shall be located in the following order of preference:
2.
Wireless communications facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.
3.
Ground-mounted wireless communication facilities shall be located in close proximity to existing above ground utilities, such as electrical towers or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, and in areas where they are otherwise visually compatible and will not detract from the appearance of the city.
4.
For all ground-mounted communication facilities, the support structures shall be set back from all residential property lines a distance equal to and no less than, the height of the highest point of the wireless communication facility.
5.
Wireless communication facilities shall not be located within 1,000 feet of any communication facility except when located on an existing building, structure or wireless facility. For the purpose of this section, all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility.
B.
Design standards.
1.
Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other legally required seals or signage.
2.
Accessory equipment shall meet the following standards:
a.
All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located, subject to City approval.
b.
Accessory equipment permitted to be located above ground shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
c.
Accessory equipment enclosures shall be limited to the housing of radio, electronic and related power equipment, and shall not be used for any other purpose, including storage.
3.
Wireless communication facilities shall have subdued colors and non-reflective materials which blend with surrounding materials and colors.
4.
All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture and or materials of the building.
5.
The monopole foundation and structures upon which antenna are to be mounted, shall be no greater in diameter or cross sectional dimension than is necessary for the proper functioning of the wireless communication facility. However, such facility shall be designed to accommodate at least two antennas.
6.
In considering an application for any wireless communication facility, the Planning Commission and the City Planner shall consider the cumulative visual effects of existing wireless communication facilities in determining the location of an additional facility and in imposing conditions on the facility, all as necessary to minimize negative visual impacts of the applied for facility.
7.
Security fencing, if permitted or required, shall conform to the following:
C.
Height standards.
1.
Major wireless communication facilities utilizing a free-standing support structure shall be limited to the maximum building height for the applicable zoning district.
a.
In zoning districts with no maximum height limits, the wireless communication facility shall not exceed 35 feet in height above the ground.
2.
Building-, façade-, wall-, or roof-mounted minor wireless communication facilities shall be limited to ten (10) feet above the existing building height or maximum height permitted for the applicable zone, whichever is greater.
3.
The Planning Commission may consider approval of facilities proposed to exceed the maximum height limit subject to the review and approval of a variance application consistent with § 20.412.010 of the Zoning Code.
D.
Noise. A noise generating equipment shall meet the requirements of the Brea Noise Ordinance as set forth in Chapter 8.20 of the Brea City Code.
E.
Co-location.
1.
All applicants shall cooperate in good faith with existing wireless communication facilities operators in co-locating additional antennas on support structures and/or on existing buildings provided the existing operator has received a permit for such use at said site from the city.
2.
All applicants shall exercise good faith in cooperating in co-locating with other providers and sharing the permitted site, provided such proposed shared use does not prevent or unreasonably interfere with the existing use (i.e., significant interference in broadcast or reception capabilities as opposed to competitive conflict or financial burden). Such good faith cooperation shall include sharing technical information necessary to evaluate the feasibility of co-location. In the event a dispute arises as to whether a provider has exercised good faith in accommodating other users, the city may require a third party technical study at the expense of either or both the applicant and the existing operator as to the feasibility of co-locating.
3.
Failure to comply with the co-location requirements of this chapter may result in the denial of a permit request or revocation of an existing permit.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
§ 20.68.060 Performance standards.
A.
Lawfully erected public wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A public wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the city. The wireless communication provider shall send to the city a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies.
B.
All facilities determined to be abandoned and not removed within the required three (3) month period from the date of notice shall be in violation of this chapter, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this chapter. The city may remove all abandoned facilities following the three (3) month removal period at the operators' expense. Facilities removed by the city shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the city, or otherwise as permitted by law.
(Ord. 996, 8-5-1997)
§ 20.68.070 Submittal requirements.
A.
In addition to the information requested in the uniform application, the following items shall be required for a wireless communication facility application:
1.
A statement providing the reasons for the location, design and height of the proposed tower or antennas.
2.
A map showing any existing, planned, and/or approved wireless communication facilities within 1,500 feet of the proposed new facilities site.
3.
A current overall system plan for the city, showing facilities presently constructed or approved and the overall system in its fully completed state.
4.
Evidence satisfactory to the City Planner demonstrating location or co-location is unfeasible on existing buildings, structures, light or utility poles, water towers, existing transmission towers, and existing tower facility sites for reasons of structural support capabilities, safety, available space, or failing to meet service coverage area needs.
5.
A site/landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and locations of plant materials proposed to be used to screen wireless communication facility components and the proposed color(s) for the wireless communication facility.
6.
A signed statement indicating:
a.
The applicant agrees to allow for the co-location of additional wireless communication facility equipment by other providers on the applicant's structure or within the same site location.
b.
That the applicant agrees to remove the facility within three (3) months after that site's use is discontinued.
7.
Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right-of-way cuts or easements.
8.
Documents demonstrating that necessary easements have been obtained.
9.
Plans showing how vehicle access will be provided.
(Ord. 996, 8-5-1997)
§ 20.68.080 Approval of minor wireless communication facilities.
A.
New minor wireless communication facilities shall be subject to approval by the City Planner pursuant to § 20.408.040 of the Zoning Code. In considering applications for minor wireless communication facilities, the City Planner shall be guided by both the provisions of § 20.408.040 and this chapter. However, in the event of any inconsistency in such standards, or of any conflict between this chapter and any other provisions of the Brea Zoning Ordinance, the provisions of this chapter shall govern.
B.
The City Planner shall render a decision in writing, with findings, and conditions, within thirty (30) days of receipt of a complete application. The City Planner’s decision shall be final unless a written appeal is filed with the City Planner within ten (10) business days of the date of the decision, whereupon the City Planner shall schedule a public hearing to be conducted before the Planning Commission. At the public hearing, city staff and the applicant may present any relevant evidence. The Planning Commission may affirm, reverse or modify, with or without conditions, the City Planner’s decision, and shall make written findings in support thereof. The decision of the Planning Commission shall be final.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
§ 20.68.090 Approval of major wireless communication facilities.
Major wireless communications facilities shall be subject to approval by the Planning Commission. In considering applications for major wireless communication facilities, the Planning Commission shall be guided by the provisions of § 20.408.030 of the Brea Zoning Ordinance and this chapter. However, in the event of any inconsistencies in said standards or any conflict between this chapter and any other provisions of the Brea Zoning Ordinance, the provisions of this chapter shall govern. The decision of the Planning Commission shall be final unless appealed in writing within ten (10) business days pursuant to Chapter 20.424 of the Brea Zoning Ordinance.
(Ord. 996, 8-5-1997)
§ 20.68.100 Modification of existing wireless communication facilities.
A.
All modifications to existing minor wireless communication facilities and eligible facilities requests shall be subject to the review and administrative approval of the City Planner or their designee through the building permit plan check process.
B.
Modifications that would result in a substantial change to an existing major wireless communication facility shall require the same approval process in accordance with an approval of a new major wireless communication facility based on the definition herein this chapter.
(Ord. 1247, 3-19-2024)
§ 20.68.110 Scope of approval.
A.
No operator of a wireless communication facility shall (1) construct, operate and/or maintain any greater number or type of wireless communication facilities than has been expressly approved pursuant to this chapter; (2) increase the number of, or modify in any way, any antennas or other above-ground equipment constituting any part of a wireless communication facility, without obtaining all applicable approvals from the city; or (3) otherwise permit any part of any approved wireless communication facility to be used for any purpose other than the use so expressly approved pursuant to this chapter.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
§ 20.68.120 Variance.
Any person may apply for a variance as to the requirements set forth herein pursuant to § 20.412.010 of the Brea Zoning Ordinance.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
§ 20.68.130 Revocation.
Any approval granted pursuant to this chapter may, after notice and hearing, be terminated for violation of any provisions of this chapter or any other applicable laws, or for fraud or misrepresentation in the application process.
(Ord. 996, 8-5-1997; Ord. 1247, 3-19-2024)
§ 20.70.010 Definitions.
For purposes of this chapter, the following words and phrases shall have the meanings set forth in the MAUCRSA and as set forth below:
All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5.
Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
The cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non-medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any provision of State law that regulates the licensing of cannabis businesses. "Commercial cannabis activity" does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. "Commercial cannabis activity" also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765.
The use of any property for commercial cannabis activity.
The Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code Section 11362.5.
Manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.
Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
The commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.
The procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.
A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.
Within a fully enclosed and secure structure.
To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, and any successor provisions thereto, as the same may be amended from time to time.
Any location that is not within a fully enclosed and secure structure.
Any natural person, firm, corporation, association, club, society, partnership, joint venture, limited liability company, sole proprietorship, collective, cooperative, coop, non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever, however formed, as well as trustees, heirs, executors, administrators, and/or assigns, and shall also include any owner, operator, manager, proprietor, employee, agent, officer, volunteer, salesperson, trustees, heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property, premises and/or structures in which commercial cannabis activity is occurring.
The individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person pursuant to the requirements of the Compassionate Use Act and the Medical Marijuana Program.
A house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence.
A person who is entitled to the protections of California Health and Safety Code section 11362.5, as the same may be amended from time to time, but who does not have an identification card.
Shall have the same meaning as is defined in California Health and Safety Code section 11362.7(d), as the same may be amended from time to time.
(Ord. 1200, 12-5-2017)
§ 20.70.020 Prohibited uses.
A.
Commercial cannabis uses are expressly prohibited in all zones and overlay districts in the city. No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a building permit, conditional use permit, variance, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any commercial cannabis use.
B.
Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors.
(Ord. 1200, 12-5-2017)
§ 20.70.030 Indoor cannabis cultivation.
It is hereby declared to be a public nuisance for any person owning, leasing, occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below. For purposes of this Section 20.70.030, "private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, or otherwise as defined in Health and Safety Code Section 11362.2(b)(5), or any successor provision thereto.
A.
Cannabis cultivation shall only occur indoors at a private residence, or inside an enclosed accessory structure located upon the grounds of a private residence.
C.
Cannabis cultivation is permitted only within fully enclosed and secure structures capable of being locked.
D.
Cannabis cultivation is limited to six (6) plants total being planted, harvested cultivated, dried or processed at one time at or upon any private residence, regardless of the number of residents, tenants, guests, or other persons occupying such residence.
(Ord. 1200, 12-5-2017)
§ 20.70.040 Exceptions.
A.
Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.
B.
Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1.
C.
Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by State law to permit within its jurisdiction pursuant to Business and Profession Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.
(Ord. 1200, 12-5-2017)
§ 20.70.050 Violation and penalty.
In addition to any other enforcement permitted by this Chapter 20.70 of the Brea Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this article, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.04 of the Brea Municipal Code, no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71, et seq., or section 11362.1, et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.04 of the Brea Municipal Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.
(Ord. 1200, 12-5-2017)
§ 20.71.010 Intent and purpose.
The purpose of this Chapter is to prohibit the operation and/or establishment of short-term residential rentals in all residential zones, the Planned Community Zone, and all specific plan areas in the City of Brea.
(Ord. 1204, 9-4-2018)
§ 20.71.020 Definitions.
The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section:
Any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website or application, or any other form.
(Ord. 1204, 9-4-2018)
§ 20.71.030 Prohibition.
It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written), for compensation or any consideration, a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days. No person or entity shall place or maintain any advertisement for a short term residential rental prohibited by this Section. It shall be unlawful for any person to occupy a residential dwelling, a dwelling unit or a room in a dwelling for less than thirty (30) consecutive days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation or any consideration."
(Ord. 1204, 9-4-2018)
§ 20.71.999 Penalty.
Violation of any provision of this chapter shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this chapter.
(Ord. 1204, 9-4-2018)
§ 20.72.010 Purpose and intent.
A.
It is the purpose of this chapter to regulate those uses and activities of a temporary nature which may affect the public peace, health, safety and general welfare. The requirements provided herein shall be separate and additional to those provisions of the municipal code regarding business regulation and licensing. Any and all fees provided in this chapter are intended to cover the cost of investigation and processing the permits herein and shall be additional to all applicable licenses or permits provided in the municipal code for a particular use or activity.
B.
The regulations and privileges applicable to the uses permitted in this chapter shall be alternative to the otherwise applicable sections covering entertainment permits or zoning ordinance use entitlements when the duration of such uses are no longer than as are permitted by this chapter. Any such use which exceeds the temporary time limits or applicable regulations of this chapter shall require the application for, and approval of, an entertainment permit or other appropriate use approval as may be applicable.
(Ord. 1012, 5-19-1998)
§ 20.72.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
The City of Brea.
The City Clerk of the city.
The City Manager of the city or his or her designee.
The Director of the Community Development Department or his or her designee.
Individuals, partnerships, joint ventures, societies, associations, trustees, trusts, or any corporations, their officers, agents or employees, and any representative thereof.
(1961 Code, § 13B.2; Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.030 Permit required.
It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property within the city, any of the temporary uses listed in this chapter without first having been granted a valid temporary use permit pursuant to the terms and provisions of this chapter.
(Ord. 1012, 5-19-1998)
§ 20.72.040 Uses permitted; time limits.
A.
The following uses and activities, subject to the time limits referenced herein, shall obtain a temporary use permit prior to conducting the use or activity. The determination as to whether a specific use or activity is included within the classifications of uses and activities listed in this section shall be an administrative function of the Director.
1.
Any event open to the public, located within a commercial, industrial, and mixed-use zones and non-residential districts within specific plan areas, involving promotion or sale sponsored by a business, shopping center or organization, or as a fundraiser for a private school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, and which may include, but is not limited to, the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.
B.
Time limits.
1.
The following uses and activities shall not exceed four (4) calendar days with no less than thirty (30) calendar days between events at any one (1) location for a given applicant, except a maximum of two (2) additional days may be permitted for set-up and clean-up. In addition, no business or organization shall be issued more than four (4) temporary use permit in a given calendar year:
a.
Exhibits, demonstrations or sales of goods, equipment, merchandise or services;
b.
Aircraft, helicopter, and aerial hot air balloon and parachutist demonstrations and landings;
c.
Entertainment, dances, musical events, and promotional events;
d.
Halloween haunted houses;
e.
Art and craft shows and exhibits; and
f.
Health and safety services, testing, demonstration or training, unless such events are in response to a public health emergency as declared by a government agency.
2.
Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks may be approved for a period of time not to exceed fifteen (15) days within any given ninety (90) day period at any one (1) location for a given applicant.
3.
Carnivals, circuses, fairs, rodeos, pony riding or similar traveling amusement enterprises may be permitted for not more than seven (7) days, or three (3) weekends of operation, in any one hundred eighty (180) day period at any one (1) location for a given applicant.
4.
Christmas tree sales and displays (other than by established retail businesses within the existing building) may be approved during the period commencing November 15 and terminating on December 31 of a given calendar year (these provisions shall be in addition to those requirements for Christmas tree lots as provided in Title 16 of the Municipal Code).
5.
Pumpkin sales and displays (other than by established retail businesses within the existing building) may be approved for the period commencing October 1 and terminating November 1 of a given calendar year.
6.
Other seasonal sales and displays of seasonal items (other than by established retail businesses within the existing building) may be approved for the period of forty-five (45) days of a given calendar year.
7.
Other events, as determined appropriate by the Director, may be approved for not more than two (2) days of a given month.
C.
Requests for outdoor display of limited merchandise in excess of the time limitations of § 20.72.040.B. may be considered by the Planning Commission subject to approval of a Conditional Use Permit, consistent with the processing requirements of § 20.408.030. The intent of this section is to provide for the outdoor display of merchandise, which shall be typically limited to one product type (i.e. plants or books or etc.), where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the city's goals to provide for quality, attractive, commercial development. The following standards shall apply to any such proposed outdoor display:
1.
Use of display area. The Planning Commission and/or City Council shall retain the ability to condition the types of merchandise or products on display. Display merchandise and products shall be limited to those normally associated with the primary retail user making application, shall typically be limited to one product type (i.e. plants or books, or etc.), and no outdoor display area shall be subleased or otherwise afforded use by other persons.
2.
Location of display area. To be limited to those areas generally adjacent to the front building elevation of the tenant space, which will in no way interfere with automobile circulation and applicable standards. Display areas shall be designed to primarily be viewed from on-site rather than from the public right-of-way.
3.
Delineation of display area. The design of the outdoor display area and its physical delineation shall place an emphasis on aesthetic and functional integration into the site and building design. The physical limits of display areas shall be clearly delineated through treatments such as decorative pavement, decorative bollards, landscaped planters, or similar features.
4.
Limitation of display fixtures. Any display fixtures (i.e. display racks, tables, etc.) shall be temporary in nature and shall be removed from outdoor display areas when not in use.
5.
Maximum length of display area. Not to exceed fifty percent (50%) of building/tenant space width (whichever is less) directly adjacent to the display area. The Planning Commission and/or City Council shall retain the ability to further limit display length on a case by case basis as deemed appropriate.
6.
Maximum depth of display area. Not to exceed fifteen (15) feet. The Planning Commission and/or City Council shall retain the ability to further limit display depth on a case by case basis as deemed appropriate.
7.
Maximum height of merchandise. Not to exceed six (6) feet from adjacent finished grade. The Planning Commission and/or City Council shall retain the ability to further limit display height on a case by case basis as deemed appropriate.
8.
Pedestrian accessibility. All outdoor display areas shall be designed in a manner to allow free pedestrian movement within and around their vicinity. All rules and regulations of the Americans with Disabilities Act and any other applicable regulations shall be observed.
9.
Permit revocation for non-compliance. Compliance with all conditions of approval imposed by the Planning Commission and/or City Council shall be observed. Any observed violation of conditions of approval shall constitute grounds to initiate permit revocation proceedings as provided for within § 20.412.020 of this Zoning Code.
10.
Plan submittal. Detailed site, building elevation, floor, display fixtures (i.e. display racks, tables, etc.) and any other plans and materials as deemed necessary by the City Planner, to illustrate compliance with the outdoor display standards shall be provided at the time of Temporary Use Permit application.
(Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.050 Application; contents; fees.
A.
An application for a temporary use permit, on forms available from the Director, shall be submitted to the Director a minimum of forty-five (45) days prior to the proposed date of the temporary use or activity. The application shall be signed and verified by the applicant and shall contain, at minimum, the information as set forth in this section.
B.
Each application for a temporary use permit shall contain, at minimum, the following information:
1.
The name, permanent street address and signature of the applicant;
2.
If the applicant is a corporation, the name and principal address of the applicant shall be as shown in the most recent statement of investment group and shall be signed by a duly authorized representative of the corporation;
3.
The full name and address of the property owner where the temporary use or activity is to take place and a signed affidavit from the property owner granting permission for the proposed use on the property in question and for the dates requested;
4.
The name, address and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions at the temporary use or activity;
5.
The exact location, including street name, of the property proposed to be used for the temporary use or activity;
6.
A detailed description of the proposed temporary use or activity;
7.
The proposed dates and hours of operation; and
8.
A site plan or drawing depicting the use or activity, including the placement of all signs and banners, the location of all temporary materials, tents, generators, temporary sanitary facilities, lighting, etc.
C.
The application shall be submitted together with the appropriate fee, as set forth by resolution of the City Council, to cover the administrative costs of processing the application.
(Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.060 Compliance with governmental regulations.
In addition to all of the requirements as set forth in this chapter, every person requiring a temporary use permit pursuant to this chapter, which additionally requires any federal, state or local regulatory license or permit, shall present evidence to the Director of satisfactory compliance with such regulations prior to the issuance of any temporary use permit.
(Ord. 1012, 5-19-1998)
§ 20.72.070 Investigation and review.
The Director shall, upon receipt of the completed application, forward copies of the application, together with any and all attachments thereto, to every city department which would or could be affected by such temporary use. Each such department shall investigate and respond in writing to the Director with recommendations as to the approval of the application, together with any appropriate conditions for issuance.
(Ord. 1012, 5-19-1998)
§ 20.72.080 Action by development services director; findings.
A.
The Director, within ten (10) business days of determining the application complete, shall approve, conditionally approve, or deny the temporary use application.
B.
No temporary permit shall be approved unless the Director finds that the use or activity, together with any and all conditions imposed thereon, meets all of the following criteria:
1.
The temporary use or activity is in harmony with the various elements and objectives of the general plan of the city;
2.
The temporary use or activity complies with all applicable standards of this Zoning Code with respect to the location of the proposed activity;
3.
The temporary use or activity will not be injurious or detrimental to persons or properties adjacent to or in vicinity of the proposed location of the activity; and
4.
Provisions for adequate traffic circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.
C.
The Director may impose such terms, conditions and restrictions upon the operation or conduct of the use or activity as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.
D.
Upon the decision with respect to the application, the Director shall notify the applicant as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director to the Planning Commission as provided in this chapter. Additionally, if the Director should deny the application, the notice shall specify those reasons why the permit has been denied.
E.
The Director may, in those cases where it is deemed that the public interest will be best served, refer the approval of the temporary use permit directly to the Planning Commission for hearing thereon without taking further action.
F.
All decisions of the Director with respect to the temporary use permit application shall be final unless appealed to the Planning Commission as provided in this chapter.
(Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.090 Appeal to the planning commission.
A.
Any person aggrieved by any decision of the Director with respect to a temporary use permit may appeal such decision to the Planning Commission within ten (10) days following notice of such decision.
C.
The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the appeals request, the Director shall set the matter for hearing at a regular meeting of the Planning Commission no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, no later than ten (10) days prior to the date set for hearing. Such notice may also designate certain records that the applicant is required to produce at the time of the hearing.
D.
At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The Planning Commission may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the Planning Commission may, by resolution with findings, approve, reverse, or modify the decision of the Director. Any such decision of the Planning Commission shall be final unless appealed to the City Council.
E.
Any person aggrieved by any appeal decision to the Planning Commission with respect to a temporary use permit may appeal such decision to the City Council within ten (10) days following notice of such decision. A written request for such appeal shall be filed with the City Clerk consistent with the requirements outlined within § 20.72.090 of this ordinance. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. The decision of the City Council shall be final.
(Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.100 Suspension.
Any permit issued pursuant to the terms of this chapter may be subject to immediate suspension if it is found necessary for the protection of public health, safety or welfare. Such suspension shall only be instituted upon the recommendation of the city that immediate protective action is necessary. In the event of such a suspension, the Director shall within twenty-four (24) hours after the suspension: (1) cause to be served upon the permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the Director as to why the permit should not be suspended pending revocation hearings and, (2) cause to be served upon the permit holder a notice of revocation hearing before the Planning Commission as provided in § 20.72.110. The hearing before the Director shall be held not later than five (5) days following the service of the notice to the permit holder.
(Ord. 1012, 5-19-1998)
§ 20.72.110 Revocation.
A.
Any permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the Planning Commission. A permit may be revoked under the following circumstances:
1.
Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the permit;
2.
Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, or resolutions, or applicable regulations of the city;
3.
Where it is has been determined that the permit has been granted pursuant to the false or fraudulent information contained in the application;
4.
Where it has subsequently been deter-mined that the temporary use or user will fail to meet the criteria enumerated in this chapter for granting a temporary use permit; or
5.
Where it has been determined that the preservation of the public health, safety and welfare demand revocation of the permit.
B.
A notice of revocation shall be mailed to the permittee stating the grounds for the revocation and providing a date within thirty (30) days of the mailing of such notice for a public hearing before the Planning Commission. Upon the conclusion of the public hearing the Planning Commission may, by resolution with findings, revoke or modify the permit and the decision of the Planning Commission shall be final unless appealed to the City Council.
C.
Any person aggrieved by any revocation decision of the Planning Commission with respect to a temporary use permit may appeal such decision to the City Council within ten (10) days following notice of such decision. A written request for such appeal shall be filed with the City Clerk consistent with the requirements outlined within § 20.72.110 of this ordinance. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. The decision of the City Council shall be final.
(Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)
§ 20.72.120 Insurance deposit requirement.
A.
As a condition of approval of any temporary use permit, the Director may require a reasonable cash deposit to be collected from an applicant and/or that the applicant obtain and provide a policy of insurance prior to the proposed activity.
B.
Any cash deposit shall guarantee the clean-up of the temporary use location and adjacent areas. The city may apply said cash deposit for the payment of all costs, including overhead, in connection with the clean-up even if the applicant should fail to provide said clean-up within seven (7) days of the conclusion of the event. The Director may set the amount of said cash deposit from within a range of amounts as set by the City Council.
C.
Any policy or policies of liability insurance required as condition of approval of the temporary use permit shall be filed with the Director prior to the proposed dates of the temporary use. Said policy or policies of liability insurance shall name the city, its officers, agents and employees as insureds and/or additional insureds, in a policy which provides coverage for comprehensive general liability against any and all claims and suits for damages or injuries to persons or property resulting or arising out of the operations of the temporary use or activity, its officers, agents or employees in the performance of such use or activity. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of the insureds or additional insureds shall be effective until notice thereof has been given in writing to the city. All policy limits on the required insurance may be set by the Director from a range of limits as established by the City Council.
D.
The requirements of insurance and/or cash deposits as a condition of approval of the temporary use permit shall be mandatory if the temporary use or activity is to be conducted on or within public streets, sidewalks, parks or public buildings.
(Ord. 1012, 5-19-1998)
§ 20.74.010 Intent and purpose.
The intent and purpose of this chapter is to acknowledge that certain native trees are important ecological and aesthetic resources that improves the quality of life for the city's residents, visitors and wildlife and to ensure preservation or propagation of such trees.
(Ord. 1241, 8-15-2023)
§ 20.74.020 Applicability.
Any parcel that contains any commercial use (excluding home occupations), any commercially zoned parcels, and any parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet located within city limits are subject to the provisions of this chapter.
(Ord. 1241, 8-15-2023)
§ 20.74.030 Definitions.
For the purpose of this chapter, the following definitions shall apply.
A point on the Projected Tree that is four and one-half (4.5) feet above ground from the uphill side of the tree.
A person who is currently certified by the International Society of Arboriculture (ISA) as an expert on the care of trees or who is a member of the American Society of Consulting Arborists.
Any act causing damage, injury, or death to a protected tree, or causing a protected tree to be uprooted or removed from the ground by any means, including, but not limited to, cutting, grading, changing hydrology during grading, construction, and/or erosion, burning, applying toxic substances, operating equipment or machinery, or by paving, changing the natural grade, trenching, or excavating within the protected root zone of a protected tree. Damage or mortality by natural causes, such as infestation, as verified by an Arborist shall not be considered damage necessitating tree replacement.
The tree diameter of the perimeter tree trunk at the breast height. For multi-trunk trees, each trunk shall be measured at the breast height, and the combined diameters of all trunks shall be used to determine the tree's DBH.
The outermost edge of a tree canopy where water drips from and onto the ground.
The term of protection starting with the date of actual planting of a replacement tree and shall apply to a period of five (5) years. Protected trees that are relocated shall be subject to the same replacement tree monitoring period.
An individual tree with more than one trunk under the breast height.
A tree of native origin including any indigenous tree from California which is a member of a genus or species present at a given site prior to European settlement. Native trees may include planted trees and naturally occurring trees of native origin.
All Quaercus varieties (Oak), all Salix varieties (Willow), all Platanus varieties (Sycamore), Hesperocyparis forbesii (Tecate Cypress), Juglans californica (Southern California Black Walnut), Populus trichocarpa (Black Cottonwood), Populus fremontii (Fremont Cottonwood), and Alnus rhombifolia (White Alder) that meets the following minimum DBH:
TABLE 20.73.030.A PROTECTED TREE CRITERIA | ||
|---|---|---|
Tree type | Minimum DBH | |
Single Trunk | Multi-Trunk | |
Quercus (Oak) varieties | 6 inches | 12 inches |
Salix (Willow) varieties | 6 inches | 12 inches |
Platanus (Sycamore) varieties | 6 inches | 12 inches |
Hesperocyparis forbesii (Tecate Cypress) | No minimum | |
Juglans californica (Southern California Black Walnut) | 6 inches | 12 inches |
Populus trichocarpa (Black Cottonwood) | 6 inches | 12 inches |
Populus fremontii (Fremont Cottonwood) | 6 inches | 12 inches |
Alnus rhombifolia (White Alder) | 6 inches | 12 inches |
Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices per American National Standards Institute (ANSI) A300 standards and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.
Any tree installed as a replacement for removal of a protected tree pursuant to requirements of this chapter.
The minimum number of replacement trees required as specified in § 20.74.050.
(Ord. 1241, 8-15-2023)
§ 20.74.040 Exemptions.
Requirements of this chapter shall not apply to the following:
A.
Maintenance of a protected tree, such as pruning, as long as the tree is not destroyed.
B.
Cases where immediate destruction of a protected tree is required for the protection of human life, property, or emergency access, as determined by the City Manager or his/her designee, any police officer or any fire fighter, after inspection.
C.
Protected trees regulated by any official Fuel Modification Plan and Maintenance Program and other defensible space requirements.
D.
Protected trees grown or held for sale within a licensed nursery facility, tree farm or commercial orchard, or landscape contractor.
E.
Protected trees located on properties owned by the city, county, state, or federal government.
F.
Protected trees located on any portions of land under a recorded easement held by public utility, if the destruction of such protected trees is required for installation of utilities and public facilities, and maintenance of property to allow a public utility to fulfill its obligation to provide service to the public.
G.
Protected trees located on a parcel where a project for which an administrative or discretionary Planning Division approval has been obtained prior to the effective date of this chapter or for a project for which a valid building permit has been lawfully issued by the city prior to the effective date of this chapter.
(Ord. 1241, 8-15-2023)
§ 20.74.050 Protected trees.
A.
It shall be unlawful for any person to destroy or otherwise direct or permit the destruction of any protected tree located on a parcel that contains any commercial use (excluding home occupations), a commercially zoned parcels, or a parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet without a permit issued by the city pursuant to the provisions of this section.
B.
Replacement trees. All protected trees removed shall be replaced pursuant to the following:
1.
Replacement trees shall be located on the same parcel or within the project site as the removed protected tree(s).
2.
Replacement trees shall consist exclusively of protected trees as defined in this chapter, unless similarly appropriate native species is recommended by a Certified Arborist.
3.
All replacement trees shall be in good health and shall be visually inspected for damage, such as canker, other pests/pathogens, and girdling or circling of roots.
4.
The replacement trees shall be a minimum twenty-four (24) inch box size at time of planting.
5.
The number of replacement trees shall be as identified in Table 20.74.050.A (Replacement Tree Ratio):
TABLE 20.74.050.A REPLACEMENT TREE RATIO | |
|---|---|
"DBH of Protected Tree to Be Removed | Required Replacement Tree Ration per Each Protected Tree Removed |
Less than 12 inches | 2:1 |
12 to 18 inches | 3:1 |
18 to 24 | 4:1 |
24 to 30 | 5:1 |
30 to 36 | 6:1 |
Above 36 | 7:1 |
6.
Replacement tree monitoring period. The property owner shall replace replacement tree(s) and relocated protected trees if such tree(s) are destroyed within the monitoring period, subject to the required number of replacement trees specified in Table 20.74.050.A. For purposes of this subsection, all replacement trees are considered as a protected tree regardless of size. After the completion of the monitoring period, replacement trees that meets the definition of a protected tree pursuant to this chapter shall be considered as a protected tree.
7.
Property owner shall submit a Tree Installation Certification prepared by a Certified Arborist or a licensed landscape architect certifying that the replacement trees and/or relocated protected trees were installed properly in accordance with the approved plan.
8.
If a Certified Arborist determines that the site where the replacement trees are required to be planted cannot accommodate the required number of replacement trees because the site characteristics would inhibit healthy growth of such replacement trees (e.g. overcrowding of new trees; interference with structures and/or roots and canopy of existing trees, etc.), the applicant may pay a fee, in lieu of providing the required number of replacement trees.
a.
Such in-lieu fee shall be calculated by a Certified Arborist, based on an appraisal utilizing the most recent edition of the Guide for Plan Appraisal published by the ISA, the number of replacement trees required, and a report by a Certified Arborist or a licensed landscape architect specifying the number of required Replacement Trees that cannot be planted.
b.
A request for in-lieu fee payment shall be submitted as part of the required tree permit, as specified in § 20.74.060.
c.
If approved, the in-lieu fee shall be paid within five (5) business days from the issuance of the tree permit.
d.
In-lieu fees collected pursuant to this chapter shall be placed in the City's Park Development Fund.
(Ord. 1241, 8-15-2023)
§ 20.74.060 Tree permit.
A.
Application. A tree permit application is required to remove any protected tree as defined in this chapter. Such applications shall be filed with the Community Development Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The tree permit application shall include, but is not limited to, the following information:
1.
A written statement indicating the reason for the destruction and/or relocation of protected tree(s).
2.
A site plan and/or a landscaping plan showing the location of all trees to be destroyed and/or relocated, along with location of the required replacement trees.
3.
A report obtained from a Certified Arborist, which shall include, but not limited to, the following:
a.
Description and photographs of the impacted protected trees including genus and species name, health, and DBH of trees.
b.
Analysis of the impacted trees that support the proposed destruction and/or relocation.
c.
Analysis of the appropriateness of the proposed locations of each replacement tree and/or relocated protected tree.
d.
Recommended care measures for the replacement trees and/or relocated protected trees.
4.
If a protected tree is proposed to be relocated, a tree protection plan, prepared by a Certified Arborist, shall be included. Such plan shall describe measures required to be implemented to ensure safe transplant of the protected tree and continued survival of the relocated tree.
5.
A request for payment of an in-lieu fee, if needed, subject to requirements of § 20.74.050.B.8.
B.
Review authority. The Community Development Director, or his designee, has the authority to review, approve, or deny tree permits, unless the tree permit is a part of a project that is under the purview of the Planning Commission. In such instance, the Planning Commission shall consider the tree permit as a part of the overall project.
C.
Required findings. The review authority shall approve a tree permit, only if at least one of the following findings can be made:
1.
The condition of the protected tree(s) with respect to its health, danger of falling, proximity to proposed or existing structures, and/or interference with utility services warrant removal or relocation of the tree.
2.
The location of the protected tree(s) unreasonably prevents the development of the property.
3.
The removal and/or relocation of the protected tree(s) is consistent with good urban forestry practices.
4.
The protected tree(s) causes a threat to human life and/or personal property.
5.
The proposed removal or relocation of the protected tree(s) will substantially improve the defensible space of the property in the event of a fire as determined by the Fire Department.
D.
As a prerequisite to granting any tree permit, the review authority may impose conditions.
(Ord. 1241, 8-15-2023)
§ 20.74.070 Enforcement.
The city may bring a civil penalty against any person or entity that acts in violation of requirements of this section or conditions of a tree permit issued pursuant hereto.
(Ord. 1241, 8-15-2023)