Chapter 20.56 — TWO-UNIT DEVELOPMENTS AND URBAN LOT SPLITS

The intent and purpose of this chapter is to provide objective zoning standards for two-unit developments and urban lot splits within single-family residential zones, to implement the provisions of state law as reflected in Cal. Gov’t Code §§ 65852.21 et seq. and §§ 66411.7 et seq., and to facilitate the development of new residential dwelling units consistent with the City's General Plan and ensure sound standards of public health and safety. If there are any conflicts between this chapter and Cal. Gov’t Code §§ 65852.21, 66411.7, and 66452.6, then the state law preempts any local law.

(Ord. 1242, 8-15-2023)

For the purposes of this chapter, the following words, terms, and phrases shall have the following meanings.

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

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

"Individual property owner." A natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Cal. Revenue and Taxation Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Cal. Revenue and Taxation Code § 214.15).

"Single-family residential zone." A single-family residential zone includes the R-1 (SingleFamily Residential District), E4 (Residential Estate District), and RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiplefamily dwelling is not a permitted or conditionally permitted use.

"Two-unit development." Same definitions as specified in § 20.00.070.B. of this title.

"Urban lot split." The ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one lot into two lots within a single-family residential zone or within a specific plan development area implementing a single-family residential zone pursuant to Cal. Government Code § 66411.7.

(Ord. 1242, 8-15-2023)

A proposed housing development containing no more than two dwelling units within a singlefamily residential zone or within a specific plan development area implementing a singlefamily residential zone, and/or a parcel map for an urban lot split, shall be considered through ministerial review, without discretionary review or a hearing, if the proposed two-unit development and/or urban lot split meet all of the following requirements:

• A. The proposed development shall not be located on any lot identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code

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City of Brea, CA

BREA CODE

§ 20.56.030

§ 20.56.040

Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

• B. Notwithstanding any provision of this Section, the proposed housing development would not require demolition or alteration of any of the following types of housing:

  1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

  2. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.

  3. A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

  4. Housing that has been occupied by a tenant in the last three years.

• C. The development is not located within a historic district or property included on the National Register of Historic Places, Buildings, or Structures; the California State Resources Inventory; the Orange County Historic Register; or the Brea Historic Resources Register.

• D. The parcel has not been established through prior exercise of an urban lot split as provided for in this Section.

• (Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024)

The following standards and criteria shall apply to all proposed residential units permitted under this article. Notwithstanding these requirements, all residential lots zoned for single-family use shall be permitted to construct up to two dwelling units. Two-unit developments must meet all the following requirements:

• A. The following development standards contained in Table 20.56.040.A (Two-Unit Development Standards) apply:

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TABLE 20.56.040.A
TWO-UNIT DEVELOPMENT STANDARDS
Required Zoning Designation Permitted within single-family residential zones or within a specific plan
development area implementing a single-family residential zone.
Maximum Number of Units 2 dwelling units developed in accordance with this Section.
Note:
The maximum number of units does not include the potential for one (1)
accessory dwelling unit and one (1) junior accessory dwelling unit per lot.
Minimum Unit Size 150 square feet
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City of Brea, CA

ZONING CODE

§ 20.56.040

§ 20.56.040

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TABLE 20.56.040.A
TWO-UNIT DEVELOPMENT STANDARDS
Maximum Unit Size 800 square feet
Note:
No maximum unit size shall be required for a two-unit development that is
created by conversion of an existing space, such as primary dwelling unit,
garage, accessory structure, if the dwelling unit is created in the same location
and to the same dimensions as an existing structure.
Setbacks Front - The standards of the underlying zone shall apply
Side - 4 feet
Rear - 4 feet
Note:
At the discretion of the City Planner, the front setback may be reduced if an
applicant can demonstrate that reduced front setback is necessary to construct
an 800 sq. ft. unit.
Building Height Attached to existing main Detached or new construction: The maximum
dwelling: The standards of height is 16 feet.
the underlying zone shall Note:
apply. At the discretion of the City Planner, additional
building height may be permitted up to the height
limit of the underlying zone if an application can
demonstrate that additional height is necessary to
construction an 800 sq. ft. unit.
Distance Between Buildings Attached to existing main Detached: 10 feet
dwelling: Not Applicable Notes:
No additional building separation is required for
an existing accessory building that is converted to
dwelling unit for the purposes of this Section. At
the discretion of the City Planner, the distance
between buildings may be reduced if an
application can demonstrate that less space is
necessary to construct an 800 sq. ft. unit.
Access Must have independent entrance from the exterior.
Parking As specified in 20.08.040.D. of this title.
General Development Standards Unless otherwise indicated in this Section, the standards of the underlying zone
shall apply.
Note:
At the discretion of the City Planner, deviations from the standards of the
underlying zone may be considered if the applicant can demonstrate that such
deviation is necessary to construct an 800 sq. ft. unit.
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• B. Unit size calculation. When calculating units site coverage, non-livable space attached to the units, including, but not limited to, attached garages, porches, patios, overhangs, and balconies shall not be included.

• C. Addressing. Address number of all dwelling units on the lot shall be displayed clearly

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City of Brea, CA § 20.56.040

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§ 20.56.050

visible from the street.

• D. Foundation. New dwellings for the purposes of this section shall be constructed upon a permanent foundation.

• E. Code compliance. Two-unit developments shall comply with all applicable Fire and Building Codes.

• F. Utilities. Two-unit developments shall have separate utility connections and separate utility meters.

• G. Short-term rentals prohibited. Dwelling units shall not be rented for less than 30 consecutive days at a time.

• H. Deed restriction. The legal owner of a property improved with a two-unit development shall record a covenant in a form satisfactory to the City Attorney within thirty (30) days following the issuance of a building permit, that does each of the following:

  1. Expressly prohibits any rental of a dwelling on the property for a period less than thirty (30) consecutive days.

  2. Expressly prohibits any non-residential use of the lot.

  3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.

  4. If the lot does not undergo an urban lot split, expressly requires the individual property owners to live in one (1) of the dwelling units on the lot as the owners' primary residence and legal domicile.

  5. Limits development of the lot to dwelling units that comply with the requirements of this Section, except as required by state law.

• I. Associated permits. If an application for a two-unit development triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

• (Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)

The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to Cal. Gov’t Code § 66411.7 and Chapter 20.56 of this Code. Urban lot splits must meet all the following requirements:

• A. The following development standards contained in Table 20.56.050.A (Urban Lot Split Standards) apply:

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City of Brea, CA

ZONING CODE

§ 20.56.050

§ 20.56.050

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TABLE 20.56.040.B
URBAN LOT SPLIT STANDARDS
Required Zoning Designation Permitted within single-family residential zones or within a specific plan
development area implementing a single-family residential zone.
Maximum Number of Units 2 dwelling units developed in accordance with this Section.
Notes:
Lots created from implementing the provisions of the Urban Lot Split shall not
be eligible for more than a total of two dwelling units per lot.
Minimum Lot Size The size of the new lot shall be at least 40% of the existing lot prior to the
Urban Lot Split.
Notes:
In no instance shall the new lots be less than 1,200 sq. ft.
Lot Frontage All lots shall have frontage directly onto a public or private street, excluding
alleys.
Lot Width All lots shall have a minimum lot width of 24 feet abutting a street.
Setbacks No setbacks are required for a legally permitted existing structure. New
construction shall comply with the requirements of Table 20.56.040.A.
New Units All new Two-Unit Development units constructed after the implementation of
an Urban Lot Split shall comply with the requirements of Table 20.56.040.A.
Parking As specified in Section 20.08.040.D. of this title.
General Development Standards Unless otherwise indicated in this Section, the standards of the underlying zone
shall apply.
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• B. No prior urban lot split.

  1. The parcel has not been established through prior exercise of an urban lot split.

  2. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner may subdivide an adjacent parcel using an urban lot split as provided in this section.

• C. Map act compliance. An urban lot split shall comply with all applicable objective requirements of the Subdivision Map Act unless otherwise specified in this article or in state law.

• D. Easements. No dedications of rights-of-way or construction of off-site improvements may be required for the parcels being created. However, the city may require easements for the provision of public services and facilities when considering an application for a parcel map for an urban lot split.

• E. Code compliance. Urban lot splits shall comply with all applicable Fire and Building Codes.

• F. Utilities. Two-unit developments shall have separate utility connections and separate utility meters.

• G. Short-term rentals prohibited. Dwelling units shall not be rented for less than 30

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City of Brea, CA § 20.56.050

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§ 20.56.050

consecutive days at a time.

• H. Notice to adjoining property owners. Prior to final map recordation, the property owner shall provide a notarized authorization that written notice was provided to all the owners, as shown on the last adopted tax roll of Orange County, of property adjoining the subject property or any contiguous property in the same ownership as the subject property. Such notice shall contain the location of the properties, notice that construction has been authorized, and contact information for the Building & Safety Department and project manager.

• I. Deed restriction. The legal owner of an urban lot split property shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for a two-unit development, that does each of the following:

  1. Expressly prohibits any rental of any dwelling unit on the property for a period less than 30 days.

  2. Expressly prohibits any non-residential use of the lots created by the urban lot split.

  3. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any other common interest development within the lot.

  4. States that:

     • a. The lot is formed by an urban lot split and is therefore subject to the city's urban lot split regulations, including all applicable limits on dwelling size and development.

     • b. Development on the lot is limited to development of housing under this section, except as required by state law.

• J. Occupancy. The legal owner of an urban lot split property shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split.

• K. Associated permits. If an application for an urban lot split triggers the requirement for a discretionary or ministerial permit other than an urban lot split and/or a building permit, those associated permits must be applied for and obtained prior to application for an urban lot split permit.

• (Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025)

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City of Brea, CA

ZONING CODE

§ 20.60.010

§ 20.60.030

CHAPTER 20.60 HISTORIC PRESERVATION

The purpose of this chapter is to promote the historic, cultural, educational, economic, and general welfare of the community by:

• A. Assuring that appropriate development is consistent with Land Use, Housing, and Historic Resource Elements of the Brea General Plan.

• B. Establishing a mechanism to identify and preserve the distinct historic and architectural characteristics of Brea which represent elements of the city's cultural, social, economic, political, and architectural history;

• C. Fostering civic pride in the beauty and noble accomplishments of the past as represented in Brea's historic resources;

• D. Encouraging preservation, restoration, and rehabilitation of structures, areas, and neighborhoods, and thereby preventing future blight.

• (Ord. 953, 6-21-1994)

This section shall apply to all objects and/or improvements listed in the Brea Historic Resources Register, as amended from time to time.

(Ord. 953, 6-21-1994)

Any object and/or improvement may be identified as a historic resource upon approval by the Planning Commission, if it meets any of the following criteria:

• A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;

• B. It is identified with persons or events significant in local, state, or national history;

• C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;

• D. It is representative of the work of a notable builder, designer, or architect;

• E. It contributes to the significance of a historic area, being a geographically definable area possessing a concentration of historic or scenic properties or thematically related grouping of properties which contribute to each other and are unified aesthetically by plan or physical development;

• F. It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant structural or architectural achievement or innovation;

• G. It reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;

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§ 20.60.060

• H. It is one of the few remaining examples in the city, region, state, or nation possessing distinguishing characteristics of an architectural or historical type or specimen.

• (Ord. 953, 6-21-1994)

Any object/or improvement which has been approved in accordance with the procedures detailed in § 20.60.050 of this chapter shall be listed in the Brea Historic Resources Register. The Planning Commission shall be responsible for establishing and maintaining this Register. (Ord. 953, 6-21-1994)

• A. Any person(s) or group(s) may request, with the owner's consent, to designate an improvement as a historic resource by submitting a written request (“nomination”) to the Planning Commission. The nomination shall contain sufficient documentation and information indicating how the nominated resource meets the criteria for designation as established in § 20.60.030 of this chapter.

• B. On the other hand, any person(s) or group(s) may request, with the owner's consent, to remove a historic resource from the Brea Historic Resources Register by submitting a written request to the Planning Commission. The request shall contain sufficient information indicating why the historic resource should be removed from the Register.

• C. The Planning Commission shall consider the request at a public hearing in accordance with the procedures as established in § 20.408.030.E. and Chapter 20.416 of this title.

• D. No discretionary or ministerial permit shall be issued which may affect a resource under consideration for listing in the Historic Resources Register or for which may be removed from the Register while the designation or removal process is pending.

• (Ord. 953, 6-21-1994)

• A. Exterior alterations, including but not limited to restoration, rehabilitation, remodeling, additions, demolition, relocation, or subdivision of a designated historic resource shall require a plan review in accordance with § 20.408.040 of this title.

• B. In evaluating a project involving alteration to an identified historic resource, the plan review shall consider the existing and proposed architectural style, design, arrangement, texture, materials, and any other factors with regard to the original distinguishing architectural characteristics of the historic resource. The “Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be used as a guide. In addition to these guidelines, the plan review shall comment on project consistency with the following performance guidelines.

  1. With regard to an identified historic structure, the proposed work should neither adversely affect the significant architectural features of the resource no adversely affect the character of the historical, architectural, or aesthetic interest or value of the resource.

  2. With regard to construction of a new improvement, addition, building, or structure

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City of Brea, CA

ZONING CODE

§ 20.60.060

§ 20.60.090

upon the site of an identified historic structure, the use and exterior of such improvements would not adversely affect and would be compatible with the use and exterior of existing historic resource.

• C. The Planning Commission shall review any major alteration to a historic resource in a public hearing in accordance with the procedures established in § 20.60.050.C.

• (Ord. 953, 6-21-1994)

The city shall promote the use of appropriate preservation incentives to encourage owner(s) to designate, maintain, preserve, and improve historic resources. These incentives may include but are not limited to the following:

• A. Use of the State Historic Building Code (SHBC) which provides alternative and less costly building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as historic structures.

• B. Facade easements of historic buildings to enable property owners to receive property tax deductions.

• C. Reduced or no processing fees for appropriate rehabilitation of designated historic structures.

• D. Technical assistance through the city's Development Services Department and preservation professionals.

• E. Grants and loans for appropriate rehabilitation of designated historic structures.

• F. Awards and other symbols of recognition of exemplary rehabilitation and maintenance of historic structures.

• G. Investigation of the feasibility of other incentives such as transfer of development rights and similar mechanisms for designated historic resources subject to the approval of the City Council.

• H. Eligibility to apply for Mills Act contracts which can lower property taxes of designated historic resources in accordance with § 20.60.120.

• I. Assistance in processing applications for federal investment tax credits for certified rehabilitation of historic structures listed in the National Register of Historic Places.

• (Ord. 953, 6-21-1994; Ord. 1254, 3-18-2025)

The procedural provisions of Chapter 20.424 of this title shall apply to any designation, removal, or plan review process.

(Ord. 953, 6-21-1994)

• A. The owner(s) of a designated historic structure shall keep in good repair the buildings, walls, landscaping, and other portions of the historic structure named as part of the

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City of Brea, CA § 20.60.090

BREA CODE

§ 20.60.120

designation. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural features in any or property covered by § 20.60.040 of this chapter.

• B. Maintenance and repair shall not involve a change in design, and to the extent possible, material, or external appearance thereof. However, this chapter does not prevent the alteration or removal of a historic structure and/or its related architectural features when the Development Services Director finds and certifies that alteration or removal is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. Such architectural features shall be replaced according to the Secretary of the Interior's Standards for Rehabilitation.

• (Ord. 953, 6-21-1994)

Any person who constructs, alters, removes, or demolishes a historic resource in violation of this zoning code shall be required to restore the building, object, site, or structure to its appearance or setting prior to violation. Any action to reinforce this provision may be brought by the city. This civil remedy shall be, in addition to, and not in lieu of, any criminal penalty or any other remedy provided by law.

(Ord. 953, 6-21-1994)

Any person whose property is designated as a historic resource shall cause to be recorded an instrument disclosing that designation in order to qualify for any incentive or incentives referred to in § 20.60.070 of this chapter.

(Ord. 953, 6-21-1994)

• A. Mills Act Contract is a voluntary program and only applicable to properties that are officially listed on the federal, state and/or the city's historic register. Both owner-occupied and income-producing properties qualify.

• B. The Mills Act Contract application requires a recommendation of the Finance Committee and an approval of the City Council at a public hearing. Appropriate fees shall be paid as determined by City Council resolution.

• C. General contract terms. The general terms of a Mills Act Contract shall include, but not limited to, the following:

  1. The Mills Act Contract shall be between the legal property owner(s) and the city.

  2. The initial contract term shall be ten (10) years, with automatic annual renewal resulting in a revolving ten (10) year contract.

  3. The property owner must annually provide a report to the city that demonstrates compliance with the Mills Act Contract.

  4. Either party may file a Notice of Non-Renewal, which allows the Mills Act Contract to become null and void upon expiration of the ten (10) year term in effect at the time

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City of Brea, CA

ZONING CODE

§ 20.60.120

§ 20.60.120

the notice is filed.

5. The city shall reserve the right to conduct periodic inspections of the subject property.

6. The Mills Act Contract shall include a ten (10) year preservation and rehabilitation plan, in which each year's improvement(s) must be equal or greater than the estimated property tax savings. All improvements listed in the ten (10) year preservation and rehabilitation plan must be completed according to the schedule unless otherwise permitted by the city, and such improvements must conform with the Secretary of the Interior's Standards for Historic Rehabilitation and California Historical Building Code.

7. The city may cancel the Mills Act Contract if the owner is in non-compliance with the terms of the contract pursuant to the established procedure.

8. If the contract is cancelled for non-compliance, the property owner must pay a cancellation penalty that is equivalent to twelve and one-half (12 ½) percent of the full market value of the property at the time of cancellation.

• (Ord. 1254, 3-18-2025)

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City of Brea, CA

ZONING CODE

§ 20.64.010

§ 20.64.030