Chapter 20.40 — AFFORDABLE HOUSING

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)

• 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)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Adjusted for household size appropriate for the unit." 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.

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City of Brea, CA

ZONING CODE

§ 20.40.030

§ 20.40.030

"Affordable housing cost." 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.

"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, moderate, and workforce-income households.

"Affordable unit." A dwelling unit that will be offered for sale or rent to an extremely lowincome 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.

"Area median income." 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.

"Condominium conversion." 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.

"Density bonus." As defined in Cal. Government Code §§ 65915 et seq.

"Extremely low-income household." As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.

"In-lieu fees." A payment of a fee, pursuant to requirements of this chapter, in-lieu of providing the required affordable units on site.

"Land dedication." A dedication of land to the city in-lieu of constructing affordable units within the residential project, pursuant to the requirements of this chapter.

"Low-income household." As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50079.5.

"Market rate unit." Dwelling unit in a residential development that can be purchased or rented at market rates. These units are not considered to be affordable units.

"Moderate-income household." As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50093.

"Offsite construction." The development of required number of affordable units at a site different than the site of the residential project.

"Phasing plan." 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.

"Rehabilitation." 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

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City of Brea, CA

BREA CODE

§ 20.40.030

§ 20.40.040

not provide safe and adequate shelter, and in their present condition endanger the health, safety, or well-being of the occupants.

"Residential project." 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.

"Total housing costs." 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.

"Very low-income household." As published and periodically updated by HCD pursuant to Cal. Health and Safety Code § 50105.

"Workforce-income household." 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)

• A. All residential projects subject to the requirements of this chapter shall provide affordable units as shown in Table 20.40.040A:

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TABLE 20.40.040.A
AFFORDABLE UNIT REQUIREMENTS FOR RESIDENTIAL PROJECTS
Total Percentage of
Affordable Units Required
Option (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.
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City of Brea, CA

ZONING CODE

§ 20.40.040

§ 20.40.050

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TABLE 20.40.040.A
AFFORDABLE UNIT REQUIREMENTS FOR RESIDENTIAL PROJECTS
Total Percentage of
Affordable Units Required
Option (minimum)1 Minimum Affordability Level of Required Units
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.
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• 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)

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.

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City of Brea, CA

BREA CODE

§ 20.40.050

§ 20.40.050

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.

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City of Brea, CA

ZONING CODE

§ 20.40.050

§ 20.40.060

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)

• 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.

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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
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City of Brea, CA

BREA CODE

§ 20.40.060

§ 20.40.080

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TABLE 20.40.060.A
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY
Level of affordability Number of Affordable Units1 Number of Incentives
At least 15% 3
Moderate-income At least 20% 2
Workforce-income At least 30% 2
Moderate-income or lower 100% 5
(Exclusive of a manager’s unit)
1 of the total number of units in the residential project
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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)

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)

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.

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City of Brea, CA

ZONING CODE

§ 20.40.080

§ 20.40.090

• 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.

• F. Affordable units required under this chapter shall be retained as affordable units as follows:

  1. For sale units: Forty-five years or until sold or transferred with an equity share, whichever occurs first.

  2. Rental units: Fifty-five years.

• G. The affordability period begins upon the initial sale or rental of the unit. (Ord. 1242, 8-15-2023)

• 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);

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City of Brea, CA

BREA CODE

§ 20.40.090

§ 20.40.100

• 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)

• 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:

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City of Brea, CA

ZONING CODE

§ 20.40.100

§ 20.40.120

1. Actions to revoke, suspend, or deny any grading permit, building permit, certificate of occupancy, or discretionary approval.

2. Any other action, civil or criminal, authorized by law or by any regulatory document, restriction, or agreement in this chapter.

• D. The city shall be entitled to recover its reasonable attorney's fees and costs. (Ord. 1242, 8-15-2023)

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 moderateincome 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)

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)

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City of Brea, CA

ZONING CODE

§ 20.42.010

§ 20.42.020

CHAPTER 20.42 DENSITY BONUS

• 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.

  3. All requests pursuant to this chapter shall be processed pursuant to § 20.42.090 of this chapter.

• (Ord. 1259, 5-20-2025)

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.

"Affordable rent." 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.

"Affordable sales price." 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.

"Applicant." Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities that seeks development permits or approvals from the city.

"Approval authority." The person or body that is authorized to approve a development as specified by this title.

"Childcare facility." A childcare facility as defined in Cal. Gov't. Code § 65915(h)(4).

"Density bonus." 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.

"Density bonus units." 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.

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City of Brea, CA

ZONING CODE

§ 20.42.020

§ 20.42.020

"Development standard." A site or construction condition as defined in Cal. Gov't. Code § 65915(o)(2).

"Disabled veterans." Persons as defined in Cal. Gov't. Code § 18541.

"Discretionary permit." 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.

"Homeless persons." Persons as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. §§ 11301 et seq.).

"Housing development." A development project as defined in Cal. Gov't Code § 65915(i).

"Incentive." Used interchangeably, means such regulatory concessions or incentives as specified in Cal. Gov't. Code § 65915(k).

"Low income households." Households of low income as defined in Cal. Health and Safety Code § 50093.

"Lower income households." Households of lower income as defined in Cal. Health and Safety Code § 50079.5.

"Lower income student." A student who has a household income and asset level that is defined in Cal. Gov't. Code § 65915(o)(4).

"Major transit stop." Has the same meaning as defined Cal. Pub. Res. Code § 21155(b).

"Maximum allowable residential density or base density." Density as defined in Cal. Gov't. Code § 65915(o)(6).

"Moderate income households." Households of moderate income as defined in Cal. Health and Safety Code § 50093.

"Qualifying mobilehome park." A mobilehome park that limits residency based on age requirements for housing older persons pursuant to Cal. Civil Code §§ 798.76 and 799.5.

"Regulatory agreement." 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.

"Senior citizen housing development." A housing development as defined in Cal. Civ. Code §§ 51.3 and 51.12. This types of housing development also includes a shared housing building development and a residential care facility for the elderly, as defined in the Cal. Health and Safety Code § 1569.2.

"Shared housing building/unit." A residential or mixed-use structure as defined in Cal. Gov't Code § 65915(o)(7)(A) and (B).

"Specialized housing development." A housing development for transitional foster youth, disabled veterans, or homeless persons.

"Student housing development." 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.

"Total units or total dwelling units." A calculation of the number of units as defined in Cal. Gov't.

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City of Brea, CA § 20.42.020

BREA CODE

§ 20.42.030

Code § 65915(o)(8).

"Transitional foster youth." Persons defined in Cal. Ed. Code § 66025.9.

"Very low income households." Households of very low income as defined in Cal. Health and Safety Code § 50105.

"Very low vehicle travel area." An urbanized area as defined in Cal. Gov't. Code § 65915(o)(9). (Ord. 1259, 5-20-2025)

• 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:

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TABLE 20.42.030.A.1
VERY LOW INCOME DENSITY BONUS
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 22.5
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City of Brea, CA

ZONING CODE

§ 20.42.030

§ 20.42.030

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TABLE 20.42.030.A.1
VERY LOW INCOME DENSITY BONUS
Percentage Very Low Income Units Percentage Density Bonus
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
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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:

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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
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City of Brea, CA § 20.42.030

BREA CODE

§ 20.42.030

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:

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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
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City of Brea, CA

ZONING CODE

§ 20.42.030

§ 20.42.030

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TABLE 20.42.030.A.3
MODERATE INCOME DENSITY BONUS
Percentage Moderate Income Units Percentage Density Bonus
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
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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.

• 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:

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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
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• b. At least twenty percent (20%) of the total dwelling units will be used for lower

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City of Brea, CA § 20.42.030

BREA CODE

§ 20.42.030

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).

ty 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).

• b. No maximum density controls shall be imposed if any of the following apply:

  • i. The housing development is located in a very low vehicle travel area within a designated county.

  • ii. The development is located within one-half mile of a major transit stop.

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City of Brea, CA

ZONING CODE

§ 20.42.030

§ 20.42.030

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:

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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
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• 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.

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City of Brea, CA § 20.42.030

BREA CODE

§ 20.42.030

• 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.

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.

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City of Brea, CA

ZONING CODE

§ 20.42.030

§ 20.42.040

  - 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:

     - i. The apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were already provided under this chapter. 
  
     - ii. The condominium conversion project is located on any property specified in § 20.42.030.C. 
  
  - 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)

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City of Brea, CA

BREA CODE

§ 20.42.040

§ 20.42.040

• 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.

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TABLE 20.42.040.A
ADDITIONAL DENSITY BONUS
Additional Percentage of Additional Density Bonus
Affordability Level Affordable Housing Unit Percentage
Very Low Income or Moderate 5 20
Income
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
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City of Brea, CA

ZONING CODE

§ 20.42.040

§ 20.42.050

Notes:

• 1. The increase in density bonus specified in this table shall be in addition to any increase in density granted by § 20.42.030.
• 2. The additional density bonus specified in this table shall be calculated using the number of units excluding any density bonus awarded by § 20.42.030.

• 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)

• 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.

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City of Brea, CA § 20.42.050

BREA CODE

§ 20.42.050

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):

     • i. The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to the Internal Revenue Code § 501(c)(3) of and is not a private foundation as that term is defined in the Internal Revenue Code § 509.

     • 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.

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.

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City of Brea, CA

ZONING CODE

§ 20.42.050

§ 20.42.060

• 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)

• 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.

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TABLE 20.42.060.A
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY1
Minimum Percentage of
Level of Affordability Affordable Units Number of Incentive2
Lower Income 10% 1
17% 2
24% 3
100% (up to 20% can be 5
moderate income)2
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City of Brea, CA

BREA CODE

§ 20.42.060

§ 20.42.070

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TABLE 20.42.060.A
NUMBER OF INCENTIVES BY LEVEL OF AFFORDABILITY1
Minimum Percentage of
Level of Affordability Affordable Units Number of Incentive2
Very Low Income 5% 1
10% 2
15% 3
16% 4
100% (up to 20% can be 5
moderate income)2
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
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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.

• B. One additional incentive shall be granted if the housing development is eligible for a density bonus under § 20.42.030 and includes a childcare facility that meets the requirements of § 20.42.040.B.

• (Ord. 1259, 5-20-2025)

• 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.

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City of Brea, CA

ZONING CODE

§ 20.42.070

§ 20.42.070

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TABLE 20.42.070.A
REDUCED PARKING RATIOS
Minimum Number of Required Parking
Total Number of Bedrooms Spaces per Unit
Studio unit 1
1-bedroom 1
2-bedrooms 1.5
3-bedrooms 1.5
4 or more bedrooms 2.5
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• 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.

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TABLE 20.42.070.B
ADDITIONALLY REDUCED PARKING RATIOS1
Type of Density Bonus Housing Minimum Number of
Development Required Parking Spaces Special Provisions2
Rental and for-sale housing 0.5 per unit Must be located within one-half
development with minimum 11% mile of a major transit stop and
very low income or 20% lower have an unobstructed access to
income units that major transit stop
For-sale housing development 0.5 per bedroom Must be located within one-half
with minimum 40% moderate mile of a major transit stop and
income units have an unobstructed access to
that major transit stop
Rental and for-sale housing No minimum number of parking Must be located within one-half
development with 100% of units space required mile of a major transit stop and
for lower income household have an unobstructed access to
(except 20% can be for moderate that major transit stop
income household), exclusive of
a manager's unit(s)
Rental housing development with No minimum number of parking Must have either a paratransit
100% of units for lower income space required service or an unobstructed
individuals who are 55 years of access to a fixed bus route
age or older that complies with service that operates at least
Cal. Civil Code §§ 51.2 and 51.3 eight times a day within one-half
(except 20% can be for moderate mile from the development
income household), exclusive of
a manager's unit(s)
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City of Brea, CA § 20.42.070

BREA CODE

§ 20.42.080

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TABLE 20.42.070.B
ADDITIONALLY REDUCED PARKING RATIOS1
Type of Density Bonus Housing Minimum Number of
Development Required Parking Spaces Special Provisions2
Special Needs Housing No minimum number of parking Must have either a paratransit
Development with 100% of units space required service or an unobstructed
for lower income household, as access to a fixed bus route
defined in Cal. Health and Safety service that operates at least
Code § 51312 or supportive eight times a day within one-half
housing developments, as defined mile of the development
in Cal. Health and Safety Code
§ 50675.14, (except 20% can be
for moderate income household),
exclusive of a manager's unit(s)
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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 onstreet parking.

• D. The parking ratios offered in this section shall not count as one of the incentives applicants are entitled to under § 20.42.060.

• (Ord. 1259, 5-20-2025)

• 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

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City of Brea, CA

ZONING CODE

§ 20.42.080

§ 20.42.090

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)

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.

Downloaded from https://ecode360.com/BR6949 on 2026-06-11

City of Brea, CA

BREA CODE

§ 20.42.090

§ 20.42.110

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)

• 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.

• C. Any decision denying a density bonus, incentive, waiver, modification or revised parking standard is subject to appeal pursuant to Chapter 20.424 within ten (10) days of the date of the decision.

• (Ord. 1259, 5-20-2025)

• 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.

Downloaded from https://ecode360.com/BR6949 on 2026-06-11

City of Brea, CA

ZONING CODE

§ 20.42.110

§ 20.42.120

• 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)

• 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:

  1. Actions to revoke, suspend, or deny any grading permit, building permit, certificate of occupancy, or discretionary approval.

  2. Any other action, civil or criminal, authorized by law or by any regulatory document, restriction, or agreement in this chapter.

D. The city shall be entitled to recover its reasonable attorney's fees and costs. (Ord. 1259, 5-20-2025)

Downloaded from https://ecode360.com/BR6949 on 2026-06-11

City of Brea, CA

ZONING CODE

§ 20.44.010

§ 20.44.020