Chapter 20.72 — TEMPORARY USE PERMIT

• A. It is the purpose of this chapter to regulate those uses and activities of a temporary nature which may affect the public peace, health, safety and general welfare. The requirements provided herein shall be separate and additional to those provisions of the municipal code regarding business regulation and licensing. Any and all fees provided in this chapter are intended to cover the cost of investigation and processing the permits herein and shall be additional to all applicable licenses or permits provided in the municipal code for a particular use or activity.

• B. The regulations and privileges applicable to the uses permitted in this chapter shall be alternative to the otherwise applicable sections covering entertainment permits or zoning ordinance use entitlements when the duration of such uses are no longer than as are permitted by this chapter. Any such use which exceeds the temporary time limits or applicable regulations of this chapter shall require the application for, and approval of, an entertainment permit or other appropriate use approval as may be applicable.

• (Ord. 1012, 5-19-1998)

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

"City." The City of Brea.

"City clerk." The City Clerk of the city.

"City manager." The City Manager of the city or his or her designee.

"Director." The Director of the Community Development Department or his or her designee.

"Person." Individuals, partnerships, joint ventures, societies, associations, trustees, trusts, or any corporations, their officers, agents or employees, and any representative thereof. (1961 Code, § 13B.2; Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises or real property within the city, any of the temporary uses listed in this chapter without first having been granted a valid temporary use permit pursuant to the terms and provisions of this chapter. (Ord. 1012, 5-19-1998)

• A. The following uses and activities, subject to the time limits referenced herein, shall obtain a temporary use permit prior to conducting the use or activity. The determination as to whether a specific use or activity is included within the classifications of uses and activities listed in this section shall be an administrative function of the Director.

  1. Any event open to the public, located within a commercial, industrial, and mixed-use zones and non-residential districts within specific plan areas, involving promotion or

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City of Brea, CA § 20.72.040

BREA CODE

§ 20.72.040

sale sponsored by a business, shopping center or organization, or as a fundraiser for a private school or other charitable non-profit organization, which is held outside the confines of a building but on the same property, and which may include, but is not limited to, the outdoor display of merchandise, rides, games, booths or similar amusement devices, whether or not a fee or admission is charged for such event.

• B. Time limits.

  1. The following uses and activities shall not exceed four (4) calendar days with no less than thirty (30) calendar days between events at any one (1) location for a given applicant, except a maximum of two (2) additional days may be permitted for set-up and clean-up. In addition, no business or organization shall be issued more than four (4) temporary use permit in a given calendar year:

     • a. Exhibits, demonstrations or sales of goods, equipment, merchandise or services;

     • b. Aircraft, helicopter, and aerial hot air balloon and parachutist demonstrations and landings;

     • c. Entertainment, dances, musical events, and promotional events;

     • d. Halloween haunted houses;

     • e. Art and craft shows and exhibits; and

     • f. Health and safety services, testing, demonstration or training, unless such events are in response to a public health emergency as declared by a government agency.

  2. Patriotic, historic or similar displays or exhibits adjacent to commercial buildings, parking areas, or sidewalks may be approved for a period of time not to exceed fifteen (15) days within any given ninety (90) day period at any one (1) location for a given applicant.

  3. Carnivals, circuses, fairs, rodeos, pony riding or similar traveling amusement enterprises may be permitted for not more than seven (7) days, or three (3) weekends of operation, in any one hundred eighty (180) day period at any one (1) location for a given applicant.

  4. Christmas tree sales and displays (other than by established retail businesses within the existing building) may be approved during the period commencing November 15 and terminating on December 31 of a given calendar year (these provisions shall be in addition to those requirements for Christmas tree lots as provided in Title 16 of the Municipal Code).

5. Pumpkin sales and displays (other than by established retail businesses within the existing building) may be approved for the period commencing October 1 and terminating November 1 of a given calendar year.

   6. Other seasonal sales and displays of seasonal items (other than by established retail businesses within the existing building) may be approved for the period of forty-five (45) days of a given calendar year.

   7. Other events, as determined appropriate by the Director, may be approved for not

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City of Brea, CA

ZONING CODE

§ 20.72.040

§ 20.72.040

more than two (2) days of a given month.

• C. Requests for outdoor display of limited merchandise in excess of the time limitations of § 20.72.040.B. may be considered by the Planning Commission subject to approval of a Conditional Use Permit, consistent with the processing requirements of § 20.408.030. The intent of this section is to provide for the outdoor display of merchandise, which shall be typically limited to one product type (i.e. plants or books or etc.), where it can be demonstrated that such display can be reasonably integrated into the site and architectural designs at the location, and maintain the city's goals to provide for quality, attractive, commercial development. The following standards shall apply to any such proposed outdoor display:

  1. Use of display area. The Planning Commission and/or City Council shall retain the ability to condition the types of merchandise or products on display. Display merchandise and products shall be limited to those normally associated with the primary retail user making application, shall typically be limited to one product type (i.e. plants or books, or etc.), and no outdoor display area shall be subleased or otherwise afforded use by other persons.

  2. Location of display area. To be limited to those areas generally adjacent to the front building elevation of the tenant space, which will in no way interfere with automobile circulation and applicable standards. Display areas shall be designed to primarily be viewed from on-site rather than from the public right-of-way.

  3. Delineation of display area. The design of the outdoor display area and its physical delineation shall place an emphasis on aesthetic and functional integration into the site and building design. The physical limits of display areas shall be clearly delineated through treatments such as decorative pavement, decorative bollards, landscaped planters, or similar features.

  4. Limitation of display fixtures. Any display fixtures (i.e. display racks, tables, etc.) shall be temporary in nature and shall be removed from outdoor display areas when not in use.

  5. Maximum length of display area. Not to exceed fifty percent (50%) of building/tenant space width (whichever is less) directly adjacent to the display area. The Planning Commission and/or City Council shall retain the ability to further limit display length on a case by case basis as deemed appropriate.

6. Maximum depth of display area. Not to exceed fifteen (15) feet. The Planning Commission and/or City Council shall retain the ability to further limit display depth on a case by case basis as deemed appropriate.

   7. Maximum height of merchandise. Not to exceed six (6) feet from adjacent finished grade. The Planning Commission and/or City Council shall retain the ability to further limit display height on a case by case basis as deemed appropriate.

   8. Pedestrian accessibility. All outdoor display areas shall be designed in a manner to allow free pedestrian movement within and around their vicinity. All rules and regulations of the Americans with Disabilities Act and any other applicable regulations shall be observed.

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City of Brea, CA

BREA CODE

§ 20.72.040

§ 20.72.060

9. Permit revocation for non-compliance. Compliance with all conditions of approval imposed by the Planning Commission and/or City Council shall be observed. Any observed violation of conditions of approval shall constitute grounds to initiate permit revocation proceedings as provided for within § 20.412.020 of this Zoning Code.

10. Plan submittal. Detailed site, building elevation, floor, display fixtures (i.e. display racks, tables, etc.) and any other plans and materials as deemed necessary by the City Planner, to illustrate compliance with the outdoor display standards shall be provided at the time of Temporary Use Permit application.

• (Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

• A. An application for a temporary use permit, on forms available from the Director, shall be submitted to the Director a minimum of forty-five (45) days prior to the proposed date of the temporary use or activity. The application shall be signed and verified by the applicant and shall contain, at minimum, the information as set forth in this section.

• B. Each application for a temporary use permit shall contain, at minimum, the following information:

  1. The name, permanent street address and signature of the applicant;

  2. If the applicant is a corporation, the name and principal address of the applicant shall be as shown in the most recent statement of investment group and shall be signed by a duly authorized representative of the corporation;

  3. The full name and address of the property owner where the temporary use or activity is to take place and a signed affidavit from the property owner granting permission for the proposed use on the property in question and for the dates requested;

  4. The name, address and twenty-four (24) hour phone number of at least two (2) persons to be contacted in the event of emergency conditions at the temporary use or activity;

  5. The exact location, including street name, of the property proposed to be used for the temporary use or activity;

  6. A detailed description of the proposed temporary use or activity;

  7. The proposed dates and hours of operation; and

  8. A site plan or drawing depicting the use or activity, including the placement of all signs and banners, the location of all temporary materials, tents, generators, temporary sanitary facilities, lighting, etc.

• C. The application shall be submitted together with the appropriate fee, as set forth by resolution of the City Council, to cover the administrative costs of processing the application.

• (Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

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City of Brea, CA

ZONING CODE

§ 20.72.060

§ 20.72.080

In addition to all of the requirements as set forth in this chapter, every person requiring a temporary use permit pursuant to this chapter, which additionally requires any federal, state or local regulatory license or permit, shall present evidence to the Director of satisfactory compliance with such regulations prior to the issuance of any temporary use permit. (Ord. 1012, 5-19-1998)

The Director shall, upon receipt of the completed application, forward copies of the application, together with any and all attachments thereto, to every city department which would or could be affected by such temporary use. Each such department shall investigate and respond in writing to the Director with recommendations as to the approval of the application, together with any appropriate conditions for issuance.

(Ord. 1012, 5-19-1998)

• A. The Director, within ten (10) business days of determining the application complete, shall approve, conditionally approve, or deny the temporary use application.

• B. No temporary permit shall be approved unless the Director finds that the use or activity, together with any and all conditions imposed thereon, meets all of the following criteria:

  1. The temporary use or activity is in harmony with the various elements and objectives of the general plan of the city;

  2. The temporary use or activity complies with all applicable standards of this Zoning Code with respect to the location of the proposed activity;

  3. The temporary use or activity will not be injurious or detrimental to persons or properties adjacent to or in vicinity of the proposed location of the activity; and

  4. Provisions for adequate traffic circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity.

• C. The Director may impose such terms, conditions and restrictions upon the operation or conduct of the use or activity as may be deemed necessary or expedient to protect the public peace, health, safety, morals or welfare of the citizens of the city.

• D. Upon the decision with respect to the application, the Director shall notify the applicant as to whether the permit has been granted or denied. The notice shall inform the applicant of the right to appeal the decision of the Director to the Planning Commission as provided in this chapter. Additionally, if the Director should deny the application, the notice shall specify those reasons why the permit has been denied.

• E. The Director may, in those cases where it is deemed that the public interest will be best served, refer the approval of the temporary use permit directly to the Planning Commission for hearing thereon without taking further action.

• F. All decisions of the Director with respect to the temporary use permit application shall be final unless appealed to the Planning Commission as provided in this chapter.

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City of Brea, CA

BREA CODE

§ 20.72.080

§ 20.72.100

• (Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

• A. Any person aggrieved by any decision of the Director with respect to a temporary use permit may appeal such decision to the Planning Commission within ten (10) days following notice of such decision.

• B. A written request for such appeal shall be filed with the City Planner, and all such requests shall contain the following information:

  1. The name and address of the applicant;

  2. The date of the decision in question;

  3. The reason for the appeal;

  4. The grounds relied upon for relief.

• C. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. Upon receipt of the appeals request, the Director shall set the matter for hearing at a regular meeting of the Planning Commission no later than thirty (30) days following the date the appeal request was filed. Notice of the time and place of the hearing shall be mailed to the applicant, no later than ten (10) days prior to the date set for hearing. Such notice may also designate certain records that the applicant is required to produce at the time of the hearing.

• D. At the hearing as prescribed by this section, the applicant and the city may submit any and all evidence as they believe to be relevant. The Planning Commission may require the presentation of additional evidence from either the applicant or the city, or from both, and may continue the hearing from time to time for the purpose of allowing the presentation of additional evidence. Upon conclusion of the hearing, the Planning Commission may, by resolution with findings, approve, reverse, or modify the decision of the Director. Any such decision of the Planning Commission shall be final unless appealed to the City Council.

• E. Any person aggrieved by any appeal decision to the Planning Commission with respect to a temporary use permit may appeal such decision to the City Council within ten (10) days following notice of such decision. A written request for such appeal shall be filed with the City Clerk consistent with the requirements outlined within § 20.72.090 of this ordinance. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. The decision of the City Council shall be final.

• (Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

Any permit issued pursuant to the terms of this chapter may be subject to immediate suspension if it is found necessary for the protection of public health, safety or welfare. Such suspension shall only be instituted upon the recommendation of the city that immediate protective action is necessary. In the event of such a suspension, the Director shall within twenty-four (24) hours after the suspension: (1) cause to be served upon the permit holder a written statement containing the grounds for suspension and a notice of hearing to show cause before the Director as to why the permit should not be suspended pending revocation hearings and, (2) cause to be served upon

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City of Brea, CA

ZONING CODE

§ 20.72.100

§ 20.72.120

the permit holder a notice of revocation hearing before the Planning Commission as provided in § 20.72.110. The hearing before the Director shall be held not later than five (5) days following the service of the notice to the permit holder.

(Ord. 1012, 5-19-1998)

• A. Any permit granted or issued pursuant to the provisions of this chapter may be revoked after a public hearing before the Planning Commission. A permit may be revoked under the following circumstances:

  1. Where it has been determined that the permittee has violated or has failed to comply with any of the terms or conditions of the permit;

  2. Where it has been determined that the permittee has violated or has failed to comply with any of the ordinances, or resolutions, or applicable regulations of the city;

  3. Where it is has been determined that the permit has been granted pursuant to the false or fraudulent information contained in the application;

  4. Where it has subsequently been deter-mined that the temporary use or user will fail to meet the criteria enumerated in this chapter for granting a temporary use permit; or

  5. Where it has been determined that the preservation of the public health, safety and welfare demand revocation of the permit.

• B. A notice of revocation shall be mailed to the permittee stating the grounds for the revocation and providing a date within thirty (30) days of the mailing of such notice for a public hearing before the Planning Commission. Upon the conclusion of the public hearing the Planning Commission may, by resolution with findings, revoke or modify the permit and the decision of the Planning Commission shall be final unless appealed to the City Council.

• C. Any person aggrieved by any revocation decision of the Planning Commission with respect to a temporary use permit may appeal such decision to the City Council within ten (10) days following notice of such decision. A written request for such appeal shall be filed with the City Clerk consistent with the requirements outlined within § 20.72.110 of this ordinance. The appeal request shall be accompanied by a non-refundable appeal fee in an amount to be set by resolution by the City Council. The decision of the City Council shall be final.

• (Ord. 1012, 5-19-1998; Ord. 1254, 3-18-2025)

• A. As a condition of approval of any temporary use permit, the Director may require a reasonable cash deposit to be collected from an applicant and/or that the applicant obtain and provide a policy of insurance prior to the proposed activity.

• B. Any cash deposit shall guarantee the clean-up of the temporary use location and adjacent areas. The city may apply said cash deposit for the payment of all costs, including overhead, in connection with the clean-up even if the applicant should fail to provide said clean-up within seven (7) days of the conclusion of the event. The Director may set the

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City of Brea, CA § 20.72.120

BREA CODE

§ 20.72.120

amount of said cash deposit from within a range of amounts as set by the City Council.

• C. Any policy or policies of liability insurance required as condition of approval of the temporary use permit shall be filed with the Director prior to the proposed dates of the temporary use. Said policy or policies of liability insurance shall name the city, its officers, agents and employees as insureds and/or additional insureds, in a policy which provides coverage for comprehensive general liability against any and all claims and suits for damages or injuries to persons or property resulting or arising out of the operations of the temporary use or activity, its officers, agents or employees in the performance of such use or activity. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of the insureds or additional insureds shall be effective until notice thereof has been given in writing to the city. All policy limits on the required insurance may be set by the Director from a range of limits as established by the City Council.

• D. The requirements of insurance and/or cash deposits as a condition of approval of the temporary use permit shall be mandatory if the temporary use or activity is to be conducted on or within public streets, sidewalks, parks or public buildings.

• (Ord. 1012, 5-19-1998)

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City of Brea, CA

ZONING CODE

§ 20.74.010

§ 20.74.030

CHAPTER 20.74 TREE PRESERVATION

The intent and purpose of this chapter is to acknowledge that certain native trees are important ecological and aesthetic resources that improves the quality of life for the city's residents, visitors and wildlife and to ensure preservation or propagation of such trees. (Ord. 1241, 8-15-2023)

Any parcel that contains any commercial use (excluding home occupations), any commercially zoned parcels, and any parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet located within city limits are subject to the provisions of this chapter.

(Ord. 1241, 8-15-2023)

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

"Breast height." A point on the Projected Tree that is four and one-half (4.5) feet above ground from the uphill side of the tree.

"Certified arborist." A person who is currently certified by the International Society of Arboriculture (ISA) as an expert on the care of trees or who is a member of the American Society of Consulting Arborists.

"Destroy, destroyed, destruction." Any act causing damage, injury, or death to a protected tree, or causing a protected tree to be uprooted or removed from the ground by any means, including, but not limited to, cutting, grading, changing hydrology during grading, construction, and/or erosion, burning, applying toxic substances, operating equipment or machinery, or by paving, changing the natural grade, trenching, or excavating within the protected root zone of a protected tree. Damage or mortality by natural causes, such as infestation, as verified by an Arborist shall not be considered damage necessitating tree replacement.

"Diameter at breast height (DBH)." The tree diameter of the perimeter tree trunk at the breast height. For multi-trunk trees, each trunk shall be measured at the breast height, and the combined diameters of all trunks shall be used to determine the tree's DBH.

"Drip line." The outermost edge of a tree canopy where water drips from and onto the ground.

"Monitoring period." The term of protection starting with the date of actual planting of a replacement tree and shall apply to a period of five (5) years. Protected trees that are relocated shall be subject to the same replacement tree monitoring period.

"Multi-trunk tree." An individual tree with more than one trunk under the breast height.

"Native tree." A tree of native origin including any indigenous tree from California which is a member of a genus or species present at a given site prior to European settlement. Native trees may include planted trees and naturally occurring trees of native origin.

"Protected tree." All Quaercus varieties (Oak), all Salix varieties (Willow), all Platanus varieties (Sycamore), Hesperocyparis forbesii (Tecate Cypress), Juglans californica (Southern California

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City of Brea, CA

BREA CODE

§ 20.74.030

§ 20.74.040

Black Walnut), Populus trichocarpa (Black Cottonwood), Populus fremontii (Fremont Cottonwood), and Alnus rhombifolia (White Alder) that meets the following minimum DBH:

==> picture [425 x 238] intentionally omitted <==

----- Start of picture text -----
TABLE 20.73.030.A
PROTECTED TREE CRITERIA
Minimum DBH
Tree type Single Trunk Multi-Trunk
Quercus (Oak) varieties 6 inches 12 inches
Salix (Willow) varieties 6 inches 12 inches
Platanus (Sycamore) varieties 6 inches 12 inches
Hesperocyparis forbesii (Tecate Cypress) No minimum
Juglans californica (Southern California Black 6 inches 12 inches
Walnut)
Populus trichocarpa (Black Cottonwood) 6 inches 12 inches
Populus fremontii (Fremont Cottonwood) 6 inches 12 inches
Alnus rhombifolia (White Alder) 6 inches 12 inches
----- End of picture text -----

"Pruning." Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices per American National Standards Institute (ANSI) A300 standards and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.

"Replacement tree." Any tree installed as a replacement for removal of a protected tree pursuant to requirements of this chapter.

"Tree replacement ratio." The minimum number of replacement trees required as specified in § 20.74.050.

(Ord. 1241, 8-15-2023)

Requirements of this chapter shall not apply to the following:

• A. Maintenance of a protected tree, such as pruning, as long as the tree is not destroyed.

• B. Cases where immediate destruction of a protected tree is required for the protection of human life, property, or emergency access, as determined by the City Manager or his/her designee, any police officer or any fire fighter, after inspection.

• C. Protected trees regulated by any official Fuel Modification Plan and Maintenance Program and other defensible space requirements.

• D. Protected trees grown or held for sale within a licensed nursery facility, tree farm or commercial orchard, or landscape contractor.

• E. Protected trees located on properties owned by the city, county, state, or federal government.

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City of Brea, CA

ZONING CODE

§ 20.74.040

§ 20.74.050

• F. Protected trees located on any portions of land under a recorded easement held by public utility, if the destruction of such protected trees is required for installation of utilities and public facilities, and maintenance of property to allow a public utility to fulfill its obligation to provide service to the public.

• G. Protected trees located on a parcel where a project for which an administrative or discretionary Planning Division approval has been obtained prior to the effective date of this chapter or for a project for which a valid building permit has been lawfully issued by the city prior to the effective date of this chapter.

• (Ord. 1241, 8-15-2023)

• A. It shall be unlawful for any person to destroy or otherwise direct or permit the destruction of any protected tree located on a parcel that contains any commercial use (excluding home occupations), a commercially zoned parcels, or a parcel or any combination of parcels within a project site that are equal or greater than twenty thousand (20,000) square feet without a permit issued by the city pursuant to the provisions of this section.

• B. Replacement trees. All protected trees removed shall be replaced pursuant to the following:

  1. Replacement trees shall be located on the same parcel or within the project site as the removed protected tree(s).

  2. Replacement trees shall consist exclusively of protected trees as defined in this chapter, unless similarly appropriate native species is recommended by a Certified Arborist.

  3. All replacement trees shall be in good health and shall be visually inspected for damage, such as canker, other pests/pathogens, and girdling or circling of roots.

  4. The replacement trees shall be a minimum twenty-four (24) inch box size at time of planting.

  5. The number of replacement trees shall be as identified in Table 20.74.050.A (Replacement Tree Ratio):

==> picture [377 x 181] intentionally omitted <==

----- Start of picture text -----
TABLE 20.74.050.A
REPLACEMENT TREE RATIO
"DBH of Protected Tree to Be Required Replacement Tree Ration
Removed per Each Protected Tree Removed
Less than 12 inches 2:1
12 to 18 inches 3:1
18 to 24 4:1
24 to 30 5:1
30 to 36 6:1
Above 36 7:1
----- End of picture text -----

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City of Brea, CA § 20.74.050

BREA CODE

§ 20.74.060

6. Replacement tree monitoring period. The property owner shall replace replacement tree(s) and relocated protected trees if such tree(s) are destroyed within the monitoring period, subject to the required number of replacement trees specified in Table 20.74.050.A. For purposes of this subsection, all replacement trees are considered as a protected tree regardless of size. After the completion of the monitoring period, replacement trees that meets the definition of a protected tree pursuant to this chapter shall be considered as a protected tree.

7. Property owner shall submit a Tree Installation Certification prepared by a Certified Arborist or a licensed landscape architect certifying that the replacement trees and/or relocated protected trees were installed properly in accordance with the approved plan.

8. If a Certified Arborist determines that the site where the replacement trees are required to be planted cannot accommodate the required number of replacement trees because the site characteristics would inhibit healthy growth of such replacement trees (e.g. overcrowding of new trees; interference with structures and/or roots and canopy of existing trees, etc.), the applicant may pay a fee, in lieu of providing the required number of replacement trees.

he replacement trees are required to be planted cannot accommodate the required number of replacement trees because the site characteristics would inhibit healthy growth of such replacement trees (e.g. overcrowding of new trees; interference with structures and/or roots and canopy of existing trees, etc.), the applicant may pay a fee, in lieu of providing the required number of replacement trees.

  - a. Such in-lieu fee shall be calculated by a Certified Arborist, based on an appraisal utilizing the most recent edition of the Guide for Plan Appraisal published by the ISA, the number of replacement trees required, and a report by a Certified Arborist or a licensed landscape architect specifying the number of required Replacement Trees that cannot be planted. 

  - b. A request for in-lieu fee payment shall be submitted as part of the required tree permit, as specified in § 20.74.060. 

  - c. If approved, the in-lieu fee shall be paid within five (5) business days from the issuance of the tree permit. 

  - d. In-lieu fees collected pursuant to this chapter shall be placed in the City's Park Development Fund. 

• (Ord. 1241, 8-15-2023)

• A. Application. A tree permit application is required to remove any protected tree as defined in this chapter. Such applications shall be filed with the Community Development Department on forms provided for such purpose, together with a filing fee as established by resolution of the City Council. The tree permit application shall include, but is not limited to, the following information:

  1. A written statement indicating the reason for the destruction and/or relocation of protected tree(s).

  2. A site plan and/or a landscaping plan showing the location of all trees to be destroyed and/or relocated, along with location of the required replacement trees.

  3. A report obtained from a Certified Arborist, which shall include, but not limited to, the following:

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City of Brea, CA

ZONING CODE

§ 20.74.060

§ 20.74.070

  - a. Description and photographs of the impacted protected trees including genus and species name, health, and DBH of trees. 

  - b. Analysis of the impacted trees that support the proposed destruction and/or relocation. 

  - c. Analysis of the appropriateness of the proposed locations of each replacement tree and/or relocated protected tree. 

  - d. Recommended care measures for the replacement trees and/or relocated protected trees. 

4. If a protected tree is proposed to be relocated, a tree protection plan, prepared by a Certified Arborist, shall be included. Such plan shall describe measures required to be implemented to ensure safe transplant of the protected tree and continued survival of the relocated tree.

5. A request for payment of an in-lieu fee, if needed, subject to requirements of § 20.74.050.B.8.

• B. Review authority. The Community Development Director, or his designee, has the authority to review, approve, or deny tree permits, unless the tree permit is a part of a project that is under the purview of the Planning Commission. In such instance, the Planning Commission shall consider the tree permit as a part of the overall project.

• C. Required findings. The review authority shall approve a tree permit, only if at least one of the following findings can be made:

  1. The condition of the protected tree(s) with respect to its health, danger of falling, proximity to proposed or existing structures, and/or interference with utility services warrant removal or relocation of the tree.

  2. The location of the protected tree(s) unreasonably prevents the development of the property.

  3. The removal and/or relocation of the protected tree(s) is consistent with good urban forestry practices.

  4. The protected tree(s) causes a threat to human life and/or personal property.

  5. The proposed removal or relocation of the protected tree(s) will substantially improve the defensible space of the property in the event of a fire as determined by the Fire Department.

• D. As a prerequisite to granting any tree permit, the review authority may impose conditions.

• E. Appeals. Any person may appeal the decision of the review authority with respect to a tree permit pursuant to Chapter 20.424 of this Title.

• (Ord. 1241, 8-15-2023)

The city may bring a civil penalty against any person or entity that acts in violation of requirements of this section or conditions of a tree permit issued pursuant hereto.

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City of Brea, CA

BREA CODE

§ 20.74.070

§ 20.74.070

(Ord. 1241, 8-15-2023)

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City of Brea, CA

ZONING CODE

§ 20.200.010

§ 20.200.040