Chapter 20.412 — QUASI-JUDICIAL PROCEDURES

• A. Purpose. The purpose of a variance is to provide for deviations from the strict application of the requirements of this title due to special circumstances applicable to a property which deprive the property of privileges enjoyed by other properties in the vicinity which are subject to identical zoning regulations.

• B. Commission hearing procedure.

  1. Application. Application for a variance shall be filed pursuant to § 20.400.040 together with the appropriate fee as determined by City Council resolution.

  2. Staff investigation. The Planning Division shall make an investigation of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and the general plan, and shall report the findings to the Commission.

  3. Notice of hearings. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or uses of the subject property. Notice shall be made pursuant to Chapter 20.416.

• C. Findings. The Planning Commission, in approving a variance, must make the following findings:

  1. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which result in the strict application of the requirements of this title, depriving the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications.

  2. The variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

  3. The granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the property.

• D. Commission action.

  1. The Planning Commission may approve, conditionally approve, or disapprove the application and shall announce and record its decision within 21 days following the conclusion of the public hearing. The decision shall set forth the findings by formal resolution of the Commission and shall be filed with the City Council. A copy of the resolution shall be mailed to the applicant.

  2. The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by the Commission, subject to the filing of a timely appeal pursuant to Chapter 20.424.

• (Ord. 1269, 12/2/2025)

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City of Brea, CA § 20.412.020

BREA CODE

§ 20.412.020

• A. Any permit, approval or variance granted pursuant to this title, or granted under any of the prior zoning ordinances in the city and is still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one (1) or more of the following conditions exist:

  1. That the use is detrimental to the public health or safety or is a nuisance;

  2. That the permit, approval or variance was obtained by fraud;

  3. That the use for which the permit, approval or variance was granted has ceased, or has been suspended for one (1) year or more;

  4. That the applicant has not complied with one or more of the conditions of approval or the permit, approval or variance.

• B. Any such finding shall be by the Planning Commission after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given ten (10) days advance written notice by first class mail directed to applicant's address of record (or such successor's address so furnished), as per the files of the Planning Commission. Said finding of the Commission and its determination pursuant thereto shall be subject to appeal pursuant to Chapter 20.424. Action of the Planning Commission, or the Council, shall be by resolution, shall contain specific findings and specific action relative to revocation.

• C. Notwithstanding the provisions set forth above, the Commission, or the Council, as the case may be, with respect to any ground of revocation coming with paragraphs A.3. or A.4., above, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from any action of the Planning Commission shall be permitted, and such action of the Planning Commission or Council shall be final and conclusive.

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City of Brea, CA

ZONING CODE

§ 20.416.010

§ 20.416.020

CHAPTER 20.416 HEARINGS

• A. Planning Commission hearings.

  1. Except for matters considered by or appealed from the Director, when a public hearing is required on a zoning matter, the first such hearing shall be held by the Planning Commission.

  2. Except as otherwise provided herein, when a public hearing is to be held by the Planning Commission, the Director shall set the time and place for such hearing. The time of such hearing shall be at least ten (10) days and not more than forty (40) days after the acceptance of an application or the receipt of written notice or other instruction from the Planning Commission or City Council initiating the matter.

• B. Council hearings.

  1. When a public hearing is required on a zoning matter following any decision or recommendation by the Planning Commission, such hearing shall be held by the City Council.

  2. Upon acceptance of an appeal, or receipt of a written report from the Planning Commission required to be heard by the City Council, the City Clerk shall set the time and place for such hearing. The time of such hearing shall be at least ten (10) days and not more than forty (40) days after the end of the period for filing an appeal or after receipt of the report.

• A. Notice of application filing. The following development project application types shall post a project information sign on the project site, consistent with the requirements of subsection C of this section:

  1. Changes of Zone as identified in § 20.404.020, when proposed as part of a development project;

  2. Residential development projects comprised of five or more dwelling units;

  3. Commercial or Industrial development projects containing 10,000 square feet or more of new building area;

  4. Hotel development projects containing more than 50 rooms;

  5. Large-scale development projects, as determined by the Community Development Director.

• B. Posting of notice of application filing. Notices shall be posted by the applicant on the project site in compliance with the following requirements:

  1. Fees. The applicant shall be notified of required sign bonding fees and sign permit filing requirements. A cash deposit is required to ensure compliance with the supplemental notification requirements including maintenance and removal of the

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City of Brea, CA § 20.416.020

BREA CODE

§ 20.416.030

large notification sign. The project application shall not be deemed complete until the noticing sign(s) are installed and the required cash deposit has been made.

2. Sign criteria. The following standards shall apply to public noticing signage:

   • a. Sign size and specification. Noticing sign(s) shall be four feet by eight feet in size and be constructed to the specifications determined by the Planning Division. The specific project information text on the sign shall be provided by the Planning Division.

   • b. Location. At least one noticing sign shall be posted on each street frontage of the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.

   • c. Timing. Notices shall be posted within 60 days of filing a development application, or within 30 days of receipt of notice that the application requires a public hearing. Projects shall not be scheduled for a hearing until all noticing sign(s) are installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all noticing sign(s) installed per city standards, the project will be scheduled for a hearing.

   • d. Sign removal and maintenance. Noticing sign(s) shall be kept adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. Noticing sign(s) shall be removed by the applicant within 30 days of the final decision or date of withdrawal. Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city.

be kept adequately maintained and remain in place until the final decision on the application has been made or the application has been withdrawn. Noticing sign(s) shall be removed by the applicant within 30 days of the final decision or date of withdrawal. Failure to remove the sign(s) within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city.

• C. Notice of hearing. Development projects that require a public hearing shall revise the project information sign on the project site to include the public hearing information at least 10 calendar days before the date set for such hearing, consistent with the requirements of subsection B of this section.

• (Ord. 1073, 8-3-2004; Ord. 1269, 12/2/2025)

• A. Time. Notice of each public hearing shall be given at least 10 calendar days before the date set for such hearing. (See: Cal. Gov't Code §§ 65090 and 65091).

• B. Content. Each notice of public hearing shall include the following information: (See: Cal. Gov't Code § 65094).

  1. Time and place of the hearing;

  2. Who will conduct the hearing;

  3. A general explanation of the matter to be considered, including the type and magnitude of any proposed changes in development or development regulations;

  4. Identification of the property and the area affected;

  5. Where further information can be obtained;

  6. A statement of the right to appear and be heard.

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City of Brea, CA

ZONING CODE

§ 20.416.030

§ 20.416.040

• C. Publication of notice. When newspaper publication of a notice of public hearing is required, such notice shall be published at least once in a newspaper of general circulation which is published and circulated in the city, or in the area affected if the matter is a prezoning of a proposed annexation to the city. (See: Cal. Gov't Code §§ 65090 and 65091).

• D. Posting of notice. The on-site posting of notices for discretionary applications that require a public hearing shall be posted on the project site at a location that maximizes its visibility to pedestrians and motorists passing by the project site.

• E. Notice to owners of property within 500 feet.

  1. Where a public hearing is required by this code, written notification of such hearing shall be provided to owners of property located within 500 feet of the subject property, and such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is located within 500 feet of the subject property. (See: Cal. Gov't Code § 65091(a)(4)).

  2. If the matter to be considered is a legislative matter as identified in § 20.404.010, and the number of owners to whom notice would be sent pursuant to subsection E.1 of this section is greater than 1,000, notice may be given, in lieu of the method described in subsection E.1. of this section, by placing a display advertisement of at least oneeighth page in a newspaper of general circulation in the area affected.

• F. Notice to owners of adjacent property. When notice of a public hearing is required to be given to owners of adjacent property, such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.

ng is required to be given to owners of adjacent property, such notice shall be made by delivery by city employees or by first class mail to all persons, including businesses, corporations, or other public and private entities, shown on the last equalized assessment roll as owning real property which is adjacent to the property or zone boundary directly involved in the matter under consideration.

• G. Notice to persons requesting notice. For all public hearings or zoning matters, in addition to other notices, notice shall be given by first class mail to any person who has filed a written request therefor with the Commission. Such a request shall be effective for the balance of the calendar year in which the request is submitted. A reasonable fee for this service may be established by the City Council for the purpose of recovering the cost thereof. (See: Cal. Gov't Code § 65092).

• H. Responsibility for giving notice. The officers responsible for giving required notices of public hearings shall be as follows:

  1. Notices of Director meetings and hearings shall be given by the Director.

  2. Notices of Planning Commission hearings shall be given by the Commission secretary.

3. Notices of City Council hearings shall be given by the City Clerk.

(Ord. 1269, 12/2/2025)

• A. Rules.

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City of Brea, CA

BREA CODE

§ 20.416.040

§ 20.416.040

1. The City Council, Planning Commission, and Director shall adopt and publish rules for the conduct of their respective hearings or meetings on zoning matters. (See: Cal. Gov't Code § 65804(a)).

2. When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of any such hearing. (See: Cal. Gov't Code §§ 65804(c), (d)).

• B. Continuance. Any hearing on a zoning matter may be continued from time to time and place to place, provided the time and place to which continued is announced prior to adjournment of the meeting from which continued. (See: Cal. Gov't Code § 65095).

• C. Record of hearing. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request. (See: Cal. Gov't Code § 65804(b)).

• (Ord. 1269, 12/2/2025)

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City of Brea, CA

ZONING CODE

§ 20.420.010

§ 20.420.040

CHAPTER 20.420 DECISIONS

• A. For each discretionary decision under a procedure prescribed by this title, whether made by the City Council, Planning Commission or Director, written findings shall be adopted pertinent to the applicable criteria of state law and this title based upon the investigation, hearings, and record of the case.

• B. When decisions under more than one (1) type of zoning procedure are being made concurrently with respect to the same subject property or subject matter, the findings and decision for each such procedure shall be separately identified.

Except as otherwise required:

• A. Decisions of the City Council and Planning Commission shall be made by resolution;

• B. Decisions of the Director shall be in writing and signed by that official or an authorized deputy.

Except as otherwise required by law, actions on zoning matters by the City Council or Planning Commission shall require the concurring vote of a majority of the members present, with a quorum present.

• A. On a zoning matter to be decided by the Director, such decision shall be made within forty (40) days after acceptance of the application or other initiation of the matter. An extension of this time limit may be made only with the consent of the applicant or body initiating the matter.

• B. On a zoning matter initiated by application, the Planning Commission shall make its recommendation or decision within forty (40) days after opening its first hearing on the matter or, if no hearing is held, within forty (40) days after acceptance of the application. The Planning Commission may extend the time limit prescribed for its action only with the consent of the applicant and only to the extent such extension is not in conflict with other laws.

• C. On a zoning matter initiated by the Planning Commission, the Commission shall act within one hundred eighty (180) days of such initiation, or such other period as may be requested by the City Council.

• D. On a zoning matter initiated by the City Council and referred to the Planning Commission, and on any matter referred back to the Commission by the City Council after previous consideration by the Commission, the Commission shall act within forty (40) days after referral, or such longer period as may be set by the City Council. (See: Cal. Gov't Code §§ 65853 and 65857.)

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City of Brea, CA

BREA CODE

§ 20.420.040

§ 20.420.050

• E. For any zoning matter initiated by the City Council, the Council shall act within one hundred eighty (180) days of such initiation unless extended by the Council for good cause. For any other zoning matter presented to the City Council, the Council shall act within forty (40) days after opening its first hearing on the matter; or, if no hearing is held on the matter, within forty (40) days after the Council receives the matter; or, if referred back to the Planning Commission, within forty (40) days after receipt of the Commission's report or within forty (40) days after expiration of the Commission's time limit for such report. The Council may extend the period for its action for good cause shown.

• A. For each decision on a zoning matter, within five (5) days after such decision is made, notice of the decision shall be sent by first class mail or delivered by a city employee to the applicant or other person initially requesting consideration of the matter and to any other person who has filed a written request for such notice with the officer responsible for giving such notice.

• B. Responsibility for giving notice of decisions shall be as follows:

  1. The Director shall given notice of his or her decisions.

  2. The Planning Commission secretary shall give notice of Planning Commission decisions.

  3. The City Clerk shall give notice of City Council decisions.

• C. Upon the final approval of a zone change, conditional use permit, or variance, the responsible officer as identified above shall, within thirty (30) days, and on behalf of the City Council, notify the County Assessor of the action. (See: Cal. Gov't Code § 65863.5)

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City of Brea, CA

ZONING CODE

§ 20.424.010

§ 20.424.070

CHAPTER 20.424 APPEALS

• A. Except as otherwise specified, all decisions of the Director made under provisions of this title are appealable to the Planning Commission.

• B. Except as otherwise specified, all decisions of the Planning Commission under provisions of this title are appealable to the City Council.

Any interested party is eligible to file an appeal on any zoning matter which is subject to appeal. (See: Cal. Gov't Code § 65856)

An appeal must be filed within ten (10) days after the date of action by the Planning Commission or within ten (10) days after the date of decision by the Director.

The filing of a timely appeal shall suspend the decision of the Director or the Planning Commission, as the case may be, until the final determination thereof or dismissal of the appeal by the appellant.

All appeals shall be in writing and, except for an appeal initiated by a City Council member, shall include:

• A. Identification of the matter being appealed, including case number, property location, deciding officer or body, and decision date;

• B. The specific aspect of the decision being appealed; and

• C. The fee for an appeal, as established by resolution of the City Council.

• A. All appeals on zoning matters shall be filed with the City Clerk together with any required appeal fee as set forth in the current schedule of fees adopted pursuant to § 20.400.070. The City Clerk shall cause the date and time of receipt of each appeal to be endorsed thereon.

• B. If the information included with an appeal is found by the City Clerk to be deficient, the City Clerk shall notify the appellant by U.S. certified mail as to the particulars of the deficiencies. If such deficiencies are not corrected within ten (10) days of such notice, the appeal shall be deemed withdrawn.

Upon acceptance of an appeal, the City Clerk shall notify the Director, and the Director shall

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City of Brea, CA

BREA CODE

§ 20.424.070

§ 20.424.100

transmit to the appellate body a summary of factual data and a record of the action taken on the matter being appealed. Such information shall be before the appellate body prior to its consideration of the appeal.

Each appeal shall be considered de novo. Insofar as practicable, and unless otherwise provided in this title, the appellate body shall follow the same procedures and apply the same criteria as prescribed for the original proceeding on a matter. When a hearing is required or held, notice shall be given in the same manner as prescribed for hearing in the original proceeding; or, if no previous hearing was required, in such manner as deemed appropriate by the appellate body.

An appellate body may affirm, modify, or reverse the decision appealed from. The appellate decision shall be supported by written findings and, unless appealed as authorized hereunder, shall be final and conclusive.

Any irregularity in any procedure set forth in this title shall not invalidate the proceeding if there is compliance with the minimum requirements of state law. Notwithstanding the foregoing, failure to timely file an appeal or to pay the requisite fee therefor shall render the appeal null and void.

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