Chapter 20.48 — OFF-SITE HAZARDOUS WASTE FACILITIES

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)

• 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)

The following procedures are intended to identify the steps for processing an application for offsite 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

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City of Brea, CA

BREA CODE

§ 20.48.030

§ 20.48.040

(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)

• 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

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City of Brea, CA

ZONING CODE

§ 20.48.040

§ 20.48.060

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.

• E. If the LAC and the applicant cannot resolve any differences through the meetings specified in § 20.48.030.E. of this chapter, the OPA may assist in this resolution pursuant to Cal. Health & Safety Code § 25199.4.

• (Ord. 924, 8-4-1992)

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)

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.

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City of Brea, CA

BREA CODE

§ 20.48.060

§ 20.48.100

• (Ord. 924, 8-4-1992)

• 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)

• 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)

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)

• 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.

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City of Brea, CA

ZONING CODE

§ 20.48.100

§ 20.48.140

(Ord. 924, 8-4-1992)

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)

• 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)

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)

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

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City of Brea, CA § 20.48.140

BREA CODE

§ 20.48.140

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)

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City of Brea, CA

ZONING CODE

§ 20.52.010

§ 20.52.040

CHAPTER 20.52 ACCESSORY DWELLING UNITS

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)

For the purpose of this chapter, the following definitions shall apply.

"Accessory dwelling unit." Same definitions as specified in § 20.00.070.B. of this title.

"Accessory dwelling unit, junior." Also referred to as "Junior Accessory Dwelling Unit" in this chapter. Same definitions as specified in § 20.00.070.B. of this title.

"Efficiency kitchen." 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.

"Major transit stop or a high-quality transit corridor." A location defined in Cal. Public Resources Code § 21064.3.

"Sanitation facility." 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)

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)

• 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:

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City of Brea, CA

BREA CODE

§ 20.52.040

§ 20.52.040

1. Accessory dwelling unit or junior accessory dwelling unit is allowed in the zone in which it is proposed.

2. The lot on which the accessory dwelling unit or junior accessory dwelling unit is proposed to be established shall contain at least one existing or proposed permanent main dwelling unit.

• B. Number of units per lot.

  1. Properties with a proposed or existing single-family dwelling.

     • a. One accessory dwelling unit that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure;

     • b. One detached, or attached newly constructed accessory dwelling unit; and

     • c. One junior accessory dwelling unit.

  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 multifamily dwelling; or

     • c. Up to eight detached accessory dwelling units on a lot with an existing multifamily 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:

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TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Accessory Dwelling Unit
Accessory Dwelling
Unit, Junior Attached Detached
Minimum Unit Size 150 square feet 150 square feet
Maximum Unit Size 500 square feet No more than 50% of the 1,200 square feet
Note: Up to 150 square existing primary dwelling
feet may be added to an unit square footage, or
existing primary dwelling 1,200 square feet,
unit to accommodate whichever is less.
ingress or egress, but the
unit size for the junior
accessory dwelling unit
shall not exceed 500
square feet.
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City of Brea, CA

ZONING CODE

§ 20.52.040

§ 20.52.040

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TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Accessory Dwelling Unit
Accessory Dwelling
Unit, Junior Attached Detached
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 800 sq. ft.: No maximum
underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Maximum Rear Yard The standards of the 800 sq. ft.: No maximum
Coverage underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Minimum Outdoor Living The standards of the 800 sq. ft.: No maximum
Space underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Minimum Setbacks The standards of the Front - The standards of the underlying zone shall
underlying zone shall apply
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.
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City of Brea, CA

BREA CODE

§ 20.52.040

§ 20.52.040

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TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Accessory Dwelling Unit
Accessory Dwelling
Unit, Junior Attached Detached
Maximum Structural Height The standards of the 25 feet or the standards of 16 feet maximum Note: If
underlying zone shall the underlying zone, the accessory dwelling unit
apply whichever is lower is located on a lot with an
Note: If an accessory existing or proposed multi-
dwelling unit is attached family dwelling that is
to the second floor of the multi-story, or located
primary dwelling unit, the within mile walking
maximum height shall be distance of a major transit
the height of the existing stop or a high-quality
primary dwelling unit. transit corridor, the
maximum height shall be
18 feet.
Minimum Distance Between Not Applicable Not Applicable Minimum 10 feet between
Buildings 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 Must have independent entrance from the exterior into
entrance from the exterior the accessory dwelling unit
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
Minimum Kitchen Efficiency kitchen
Requirements
Sanitation Facility May share sanitation Must have separate sanitation facility
facility with main
dwelling unit or have
separate sanitation facility
Minimum Parking As specified in § 20.08.040.D. of this title.
Requirements
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City of Brea, CA

ZONING CODE

§ 20.52.040

§ 20.52.050

• 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)

• 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:

  1. Meet all requirements of Cal. Gov't Code § 66341.

  2. Comply with all requirements of Subdivision Map Act, if applicable.

  3. Provide separate utility connections and separate utility meters.

• 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

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City of Brea, CA § 20.52.050

BREA CODE

§ 20.52.060

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)

• 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)

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City of Brea, CA

ZONING CODE

§ 20.56.010

§ 20.56.030