Chapter 20.00 — GENERAL PROVISIONS

The Brea Zoning Ordinance is hereby adopted and established as is hereinafter set forth in this title in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air, and to prevent and permit adequate control of fires; to prevent undue concentration of population; to lessen congestion on streets; to facilitate adequate provision for community facilities and utilities, including transportation, water supply, sewage disposal, schools, parks and other public requirements which tend to promote the health, safety and public welfare; all in accordance with a comprehensive plan for the orderly development of the city and its environs. (Ord. 425, 10-14-1968)

The Brea Zoning Ordinance is adopted pursuant to Cal. Constitution, Art. XI, § 11 and in compliance with the requirements of the Planning Law, Cal. Gov't Code Title 7. (Ord. 425, 10-14-1968)

This ordinance shall be known as the “Zoning Code of the City of Brea.” (Ord. 425, 10-14-1968)

The provisions of this title, insofar as they are substantially the same as existing ordinances relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. The adoption of this title shall not constitute a validation of any use not conforming with the provisions of the zone in which it is located.

The existing use, or uses, of all buildings, improvements and premises not in conformity with the standards of requirements of the land use zones in which they are located in accordance with the provisions of this title and which uses are legal under previous zoning ordinances may continue as legal nonconforming uses, as hereinafter defined. (Ord. 425, 10-14-1968)

The area and dimension provisions of the sections dealing with “Property Development Standards” shall apply to all lots, provided however, that where a lot has a width or area less than that required in the zone of which it is a part and was held under separate ownership, or was of record, at the time this zoning code became effective, such lot may be occupied by the uses permitted in the zone, subject to the area per dwelling unit and yard requirements and such other regulations as apply uniformly to all lots in said zone. (Ord. 425, 10-14-1968)

This section provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this Section conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this section, or other provisions of the Municipal Code, the most common dictionary definition is presumed to be correct.

• A. General terminology. When not inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural, and those in the plural number include the singular.

The word “building” includes the word “structure.”

The word “shall” is mandatory and the word “may” is permissive.

The word “used” includes the words, “arranged for, designed for, occupied or intended to be occupied for.”

The word “Council” shall mean the City Council of the City of Brea.

The word “Commission” shall mean the Planning Commission of the City of Brea.

The word “city” shall mean the City of Brea.

• B. Specific definitions.

  1. "A" words, terms and land uses.

"Abatement." An action taken to reduce, relieve, or suppress another continuing action.

"Abut or abutting land." A parcel having a common boundary with another parcel, including parcels that have a common corner.

"Abutting." Two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in contact with each other.

"Access or access way." The Place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property, parking space or use as required by this Zoning Code.

"Accessory building." A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land and which is located on the same lot with the main building or use.

"Accessory dwelling unit." An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

"Accessory dwelling unit, junior." A unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. An

"accessory dwelling unit, junior" may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Accessory living quarters." Living quarters within an accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

"Accessory retail uses." The retail sales of various products (including food) in a store or similar facility that is located within a health care, hotel, office, or industrial complex for the purpose of serving employees or customers, and is not visible from a public street. These uses include gift shops, pharmacies, and food service establishments within hospitals; convenience stores, and food service establishments within hotel, office, and industrial complexes.

"Accessory structure." A structure that is clearly incidental to and detached from a principal building on the same lot and subordinate to the principal building.

"Accessory use." A use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.

"Accessory uses and structures (residential land use)." Includes any use that is customarily part of, and clearly incidental and secondary to a residence and does not change the character of the residential use. These uses include accessory structures (detached patio covers, garages, gazebos, greenhouses, hot tubs, spas, and swimming pools, studios, workshops, and similar structures). Includes home satellite dish antennas of eighteen (18) inches or less in diameter, and other receiving antennas for earth-based TV and radio broadcasts (larger satellite dish antennas, and broadcast and receiving antennas for ham radio and commercial applications, are included under the definition of "wireless telecommunications facilities").

"Acreage, gross." The total land area within the lot lines of a parcel of land before the deduction of areas for public rights-of-way, public parks, public school sites, and any easement(s) constituting a substantial impairment of the fee.

"Acreage, net." The area within the lot lines of a parcel of land after all deductions are made. Deductions include public rights-of-way, public parks, public school sites, and any easement constituting a substantial impairment of the fee.

"Addition." Any construction that is attached to an existing structure and that increases the size or capacity of a structure in terms of site coverage, height, length, width, or gross floor area.

"Adjacent." Two (2) or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two (2) or more subjects that lie near or close to each other.

"Adjoining." Refers to a parcel that shares all or part of a common lot line with another parcel or that is directly across a street, private street or access easement, or right-of-way (other than a freeway or principal arterial) from a parcel.

"Admission charge." A tangible benefit, monetary or otherwise, which is expressly or impliedly required as a condition of admittance to a party. Customary courtesies and clearly non-commercial activity such as gifts by guests and voluntary sharing of expenses for meals shall not be considered to be an "admission charge." "Admission charge" shall not include donations for political, community service, charitable or religious purposes.

"Adult entertainment business." A place of business as defined in § 20.44.020 of this title.

"Advisory agency." The City Planning Commission which is herein designated as the advisory agency to the City Council on all matters related to zoning and use of land and structures.

"Affordable period." The length of time a dwelling unit is required to remain within the affordable price range as specified by Chapter 20.40 of this title.

"Agriculture, industrial." Commercial and industrial agriculture uses that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, such as slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses. Such uses must be conducted entirely within a building.

"Agriculture, limited." Private, non-commercial greenhouses, horticultural collections, flower gardens, growing of vegetable crops and fruit trees, and other similar activities. "Agriculture, major." Commercial livestock farms, dairy farms, aviaries, or similar uses as determined by the Community Development Director. This use does not include slaughter houses, feed yards, hog farms, fertilizer works, bone yards, plants for the rendering of animal matter or similar uses.

"Agriculture, minor." Cultivation of commercial agricultural products, including, but not limited to, growing of field crops, trees, vegetables, fruits, berries, and nursery stock, and other similar items as determined by the Community Development Director. May include structures that supports such cultivation, such as greenhouses, along with seasonal fruit and vegetable roadside stands if located on the same site upon which said fruit and vegetables are grown.

"Alcoholic beverage sales, off-sale." Commercial establishments that sells alcoholic beverages of all types for off-site consumption. This use can be an accessory use to a different principal use permitted within a zone.

"Alcoholic beverage sales, on-sale." Commercial establishments that sell alcoholic beverages of all types for consumption within the building in which they are sold or in an accessory outdoor dining area. Typical uses include bars and restaurants that serve alcoholic beverages. This use can be an accessory use to a different principal use permitted within a zone.

"Alcoholic beverage manufacturing." Commercial establishments that produce or manufacture alcoholic beverages of all types. Businesses under this use class may sell alcohol produced or manufactured on the alcoholic beverage manufacturer's licensed premises for on-sale or off-sale consumption. Typical uses include breweries, distilleries and wineries. Tasting rooms or tap rooms may be included in conjunction with the manufacturing.

"Alley." A narrow service way, either public or private, that provides a permanently reserved but secondary means of public access. Alleys are not intended for general traffic circulation, but for services and delivery access. Alleys typically are located along rear property lines.

"Alternative transportation modes." Any mode of travel that serves as an alternative to the single occupant vehicle. This can include all forms of ridesharing such as carpooling or vanpooling, as well as public transit, bicycling, or walking.

"Ambulance services." Facilities that offer a service of providing vehicles for transporting the sick or injured. Overnight storage of such vehicles is included, but vehicle maintenance is not. Does not include Helipads.

"Amendment." A change in the wording, context, or substance of this Zoning Code, the General Plan, or specific plans or a change in the zoning district boundaries of the official zoning map. See Chapter 20.74 (Amendments).

"Animals, boarding/kennel (commercial)." Any lot, building, structure, enclosure, premises, or a portion thereof, that provides overnight shelter, care, boarding and training for household pets and other small animals on a commercial basis.

"Animals, boarding/kennel (noncommercial)." Any lot, building, structure, enclosure, premises, or a portion thereof located within a residential zoning district, that provides general care, breeding, or overnight accommodation of more household pets than are allowed as an accessory use to a residential use, but does not include the care, breeding, day care or accommodation of large animals, such as horses, sheep or hogs.

"Animals, daycares." A commercial establishment that provides non-medical temporary boarding of household pets without overnight accommodations (i.e. pet daycares). Such establishments may include accessory instructional training, recreation, grooming and retail services. Overnight stays may be permitted based on emergency circumstances only, not to exceed 48 hours.

"Animals, grooming." A commercial establishment that provides grooming services for household pets. This classification includes cleaning, styling, clipping, and appearance maintenance of pets but not for the preparation of medical procedures.

"Animals, ranches." Any lot or portions of a lot used for grazing by animals of equine, bovine, ovine, or caprine family.

"Animals, stables." Any lot or portions of a lot with facilities used for commercial riding and/or boarding of horses, mules or ponies.

"Animals, veterinary clinic/hospital." This use class consists of facilities that provides medical and/or surgical treatment of household pets, but does not include animal breeding, boarding, or keeping animals overnight except for purposes of medical treatment.

"Antenna." Any system of poles, reflecting discs, rods, wires, or similar devices that is external to or attached to the exterior of any structure and that is used for the transmission, reception, or both of electromagnetic waves.

"Antenna, amateur radio." Any antenna used to receive and/or transmit radio signals on the amateur radio bandwidth, as designated by the Federal Communications Commission.

"Apartment." Two (2) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a structure containing three (3) or more dwelling units for rent.

"Appeal." A process for the review of decisions rendered by the Director or the Planning Agency.

"Applicable development project." Any new development project that is determined to meet or exceed the employment threshold using the criteria contained in § 20.08.050.B. of this title.

"Attached building." A building having at least five (5) lineal feet of wall serving as a common wall with the building to which it is attached, or connected thereto by a continuous roof at least eight (8) feet wide.

"Attached unit." A single dwelling unit attached to one (1) or more units by common vertical walls.

"Auditoriums and meeting places." Indoor facilities for public or private assembly, including auditoriums, exhibition and convention halls, meeting halls and similar assembly uses.

"Automated teller machines (ATMs)." A pedestrian-oriented or vehicle-oriented machine used by bank and financial service patrons for conducting transactions including deposits, withdrawals, and fund transfers, without contact with financial institution personnel.

"Automotive, hydrogen-fueling stations." A commercial facility offering equipment for fueling hydrogen vehicles.

"Automotive, parking lots/structures." Parking lots or parking structures, either publicly or privately owned, used for parking of operative vehicles for customer or public. If such lot or structure is a principal use of the site, it is considered to include any customer or public use off-street parking required by this Title.

"Automotive, parts/supply sales." Retail stores that sell new motor vehicle parts, tires, and accessories. Does not include any vehicle maintenance or parts installation services or activities.

"Automotive, recharging facilities." A commercial facility offering equipment to recharge electric vehicles (EV).

"Automotive, rental." A commercial facility that provides rental of automobiles, including storage and incidental maintenance of rental vehicles, but excluding maintenance requiring pneumatic lifts.

"Automotive, repair, (major)." Commercial facilities that are engaged primarily in substantial repair of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles, such as major body or paint work, major transmission and engine repair/rebuilding, vehicle restorations, upholstering, frame work, welding, and other similar services.

"Automotive, repair, (minor)." Commercial facilities that conduct routine and incidental repair services of automobiles and other vehicles such as boats, recreational vehicles and water-sport vehicles that are less extensive. Typical services include smog check, quick-service oil, tune-up, brake and wheel service, accessory and tire installation and service, engine adjustments, electrical work, front-end alignment, stereo installation, window tinting, and other similar services, where all repair services are conducted in enclosed bays, no vehicles are stored overnight, and there are no outdoor storage of any materials, parts, and/or equipment.

"Automotive, sales and leasing." Facilities that consist of the established place of business operated by a "dealer" for the sale and long-term lease of new or used automobiles, boats, recreational vehicles, motorcycles or motorized scooters for profit, including automobile auction facilities and the accessory onsite outdoor storage of vehicles for sale, lease or rent. Typical land uses are car lots where vehicles displayed for sale typically include advertising. The term "dealer" is defined in the California Vehicle Code. May include ancillary automobile repair.

"Automotive, sales and leasing, limited." Indoor showrooms, where vehicles are sold online, and offices for businesses or establishments operated by a "dealer" for the purchase or offering to purchase, the sale or offering to sell, consigned to be sold, "brokering," or otherwise dealing in motor vehicles at either retail or wholesale within an enclosed structure, where any outdoor vehicle storage/display is limited to one vehicle to be used for display and/or test driving. This use does not include any vehicle maintenance or repair work. This use class includes "autobroker" or "auto buying service," as defined in Cal. Veh. Code § 166.

"Automotive, service stations." Commercial establishments that sell fuel for motor vehicles, commonly referred to as gasoline stations. Also includes establishments selling alternative fuels, except electric vehicle charging stations and hydrogenfueling stations. May include ancillary convenience retail and other automobile services.

"Automotive, towing service." Commercial establishments providing vehicle towing services. Overnight storage of operational towing vehicles is included, but overnight storage of towed vehicles is not included.

"Automotive, washing and detailing." Commercial establishments providing handoperated, self-service, or mechanical automobile washing services, and may include detailing.

"Average slope." Average percent slope "S" is computed by the formula: S = (0.00229 I L)/A where S = average percent slope, I = contour interval, in feet*, L = summation of length of contours, in feet, and A = area in acres of parcel being considered. *Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten (10) feet and a horizontal map scale of one (1) inch to two hundred (200) feet or larger.

• "B" words, terms and land uses.

"Balance." The cutting and filling of a site which does not require the export or import of earth material.

"Bars and nightclubs." Commercial establishments that primarily serve alcoholic beverages to be consumed on-premises, with or without food service, from which minors are excluded by law, and which requires a "public premises" type license issued by the California Department of Alcoholic Beverage Control. It also consists of establishments that serve alcohol and may provide opportunities for music, dancing and other forms of entertainment, including cabarets. Typical land uses include night clubs, bars with entertainment, and bars. Does not include Adult Entertainment Business.

"Basement." A portion of a structure that is partly or wholly below grade. A basement shall be counted as a story for the purpose of height measurement where more than one-half of its height is above grade.

"Bedroom." Any separate room normally used for sleeping purposes, whether designated as a bedroom or as a den, study, library, bonus room, media room, or other similar term, specifically excluding dining room, living room, kitchen, hall, and bathroom.

"Beginning of construction." The incorporation of labor and material within the foundation of the building or buildings.

"Berm or berming." A mound of earth or series of connected mounds that are artificially graded and created to form a small topographic feature for purposes of aesthetic enhancement, sound attenuation, landscape interest, or any combination thereof.

"Best management plan (BMP)." Any program, technology, process, siting, criteria, operational methods, measures, or engineered systems, which when implemented prevent, control, remove or reduce pollution to the maximum extent practicable.

"Bioswales." Open channels possessing a dense cover of grasses and other herbaceous plants through which runoff is directed during storm events. Above ground plant parts (stems, leaves, and stolons) retard flow and thereby encourage particulates and their associated pollutants to settle. The pollutants are then incorporated into the soil where they may be immobilized and/or decomposed.

"Block (frontage)." The properties abutting on one (1) side of a street and lying between the nearest two (2) intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land or watercourse.

"Boarding houses." A building, or portion thereof, where lodging is provided for persons, with or without meals for monetary or non-monetary compensation, on a commercial basis, for typical stays of more than seven (7) consecutive nights with no cooking facilities in the guest rooms. This use class does not include short-term residential rental use of a property, as specified in Chapter 20.71.

"Borrow." Earth material acquired from an off-site location for the use in grading on a site.

"Borrow pit." Any place or premises where dirt, soil, sand, gravel or other material is removed by excavation or otherwise below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

"Buffer." Open spaces, landscaped areas, fences, walls, berms, or a combination of these or similar elements, used to physically and visually separate a more intense use from a less intense use in order to mitigate the negative impacts of the more intense use (e.g., dust, glare, light, noise, odor, etc.). An appropriate buffer may vary depending on uses, districts, size, etc.

"Building or parcel coverage." See "site coverage."

"Building frontage." That side of a structure containing the main entrance for pedestrian entrance and exit. If more than one (1) main entrance exists, the entrance that more nearly faces, or is oriented to, the street of highest classification as portrayed in the Circulation Element of the General Plan, shall be considered the building frontage. If all streets are of the same classification, the side of the structure with the smallest horizontal lineal dimension containing a main entrance shall be considered the building frontage.

"Building height." The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of air conditioners, chimneys, vents, or other incidental appurtenances.

"Building line." A line on private property, established by ordinance which regulates the location of buildings and/or structures as they relate to the rights-of-way of alleys, streets, highways, railways and drainage channels.

"Building, main." A building within which is conducted the principal use permitted on the lot, as provided by this title.

"Building site." The ground area of a building or buildings, together with all open spaces, as required by this title.

"Bus shelters." Any structure located in the public right-of-way that covers or contains bus benches and is designed primarily for the protection and convenience of bus passengers.

• "C" words, terms and land uses.

"California environmental quality act (CEQA)." Cal. Pub. Res. Code §§ 21000 et seq. requires that state, regional, county, and local agencies to conduct environmental review for any discretionary activity proposed to be carried out or approved by those agencies.

"Caretaker housing unit." A dwelling unit per lot, occupied and used of caretaker/ employees for the sole purpose of providing security, maintenance or similar services for an allowable use located on that lot.

"Carport." An accessory use consisting of an open-sided, roofed structure, whether attached to or detached from a structure, established for the parking of motor vehicles.

"Catering services." An establishment that prepares and delivers food and beverages for off-site consumption. A catering service may contain kitchen facilities and may also provide dining supplies (e.g., beverage dispensers, place settings, and tablecloths).

"Cemetery." A place where the remains of dead people are buried or otherwise interred.

"City." The City of Brea, referred to in this Zoning Code as the "city."

"City council." The Brea City Council, referred to in this Zoning Code as the "Council."

"Clubs or lodges." Headquarters-type meeting facilities and similar places used by an association of people organized for some common, typically non-profit, purpose to pursue common activities, goals, or interests and usually characterized by certain membership qualifications, payment of dues, regular meetings, a constitution, and bylaws.

"Commercial vehicle." Any vehicle classified by the State of California as a commercial vehicle in compliance with Cal. Vehicle Code § 260 and vehicles that have a gross vehicle weight of more than twelve thousand (12,000) pounds.

"Common property." A parcel or parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites in a Planned Unit Development.

"Communication antenna." Any type of apparatus or device that is designed for the purpose of receiving or transmitting radio waves, microwaves, and television signals.

"Community care facility, large." A building or portion thereof, designed or used for a residential care facility, both licensed and/or certified by the State and unlicensed, that provides non-medical care, services, counseling or supervision to seven (7) or more children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.

"Community care facility, small." A building or portion thereof, designed or used for a residential facility, both licensed and/or certified by the State or unlicensed, that provides non-medical care, services, counseling or supervision to six (6) or fewer children or adults, including, but not limited to, persons who are physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Such facilities include community care facilities as defined in Cal. Health and Safety Code § 1502, and other similar State licensed care facilities.

"Community facility, public." Public or quasi-public facilities, including, but not limited to, community meeting and cultural facilities, community centers, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, planetarium, libraries and museums.

"Completely enclosed structure." A building enclosed by a permanent roof and by solid exterior walls pierced only by windows and customary entrances and exit doors.

"Computer internet facility." Commercial establishments that, for compensation, provide for public use of computers or electronic communication devices to which computers are connected, for the purpose of providing its patrons with access to the Internet, e-mail, video games played over the Internet, or other computer game software. Also commonly referred to as PC cafes or zones, internet cafes or zones, cyber cafes or cyber centers or other similar descriptors or uses.

"Conditional use." A use or occupancy of a structure, or a use of land, allowed within a zoning district subject to conditions and standards for the location or operation of the use as specified in this Zoning Code and authorized by the Council.

"Conditional use permit." A permit issued by the applicable review authority allowing a use to be carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).

"Conditional use permit, minor." A permit issued by the applicable review authority allowing a minor modification of standards or use carried out in a particular zoning district that is not a use permitted by right. See § 20.408.030 (Conditional Use Permits).

"Condominiums." As defined by Cal. Civ. Code § 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map.

"Condominium conversion." The development of land and existing structures as a condominium, regardless of the present or prior use of the land or structures, and regardless of whether substantial improvements have been made to the structures.

"Container." A bin, used either for nonresidential or private residential purposes, provided by an approved solid waste collector for the accumulation and collection of solid waste, recyclable materials, and green waste from any premises in the city.

"Contour." A line drawn on a plan which connects all points of equal elevation.

"Contour grading." Similar to conventional grading except the slopes are curvilinear (in plan) rather than linear, the gradients are unvarying, and the profiles are planer. Transition zones and slope intersections generally have some rounding applied resulting in pad configurations that are mildly curvilinear. (Please see Illustration 1 in the Appendix following this title.) [1 ]

"Convalescent/rest homes." This use class consists of facilities providing nursing, dietary and/or other personal services on a twenty-four (24) hour basis for convalescents, invalids and/or aged persons who are unable to care for themselves, requiring regular medical attention (commonly referred to as a "nursing home" or "hospice"). This use does not include providing surgery or primary treatments that are customarily provided in hospitals.

"Convenience stores/mini-markets." A high-volume retail facility that sells a variety of products for consumption off-premises, including but not limited to food and beverages, household goods, magazines, snacks, and other similar items. May include the incidental sale of food items on site. These stores may be part of a service station or an independent facility.

"Conventional grading." Grading characterized by essentially linear (in plan), planar slopes surfaces with unvarying gradients and angular-slope intersections resulting in pad configurations that are rectangular and uncommonly found in natural slopes. (Please see Illustration 2 in the Appendix following this title.) [2 ]

"Corner cut-off." The provision for maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, or private driveways.

"Coverage." See "building or parcel coverage."

"Court." An open unoccupied space, other than a yard on the same lot with a building or buildings and bounded on three (3) or more sides by such building and/or buildings.

"Crib wall." Soil retention wall system composed of concrete material in a cross-hatch pattern with rectangular openings for plants to grow.

"Custom lot." A lot that contains at least ten thousand (10,000) square feet of pad and

1. Editor's Note: The Appendix:Illustrations is included as an attachment to this title.

2. Editor's Note: The Appendix: Illustrations is included as an attachment to this title.

on which a custom-designed structure will be built.

"Cut." A portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.

"Cut and fill." The excavating of earth material in one (1) place and depositing of it as fill in an adjacent place.

4. "D" words, terms, and land uses.

"Dancing and live entertainment." A commercial facility where patrons come to dance to live or recorded music or simply enjoy entertainment performed by live entertainers.

"Day care centers." Commercial facilities that provide care and supervision of children less than eighteen (18) years of age for periods of less than twenty-four (24) hours and as defined in § 1596.76 of the Cal. Health and Safety Code and as they may be amended. Such facilities are licensed by the California State Department of Social Services. This use does not include small and large family daycare homes as defined by § 1596.78 of the Cal. Health and Safety Code. This use also includes an establishment or home that provides care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty-four (24) hours per day, while the guardians of such adults are away.

"Daylight line." The line between finished grade and natural terrain drawn by connecting points where proposed contours meet existing contours.

"Dedication." The turning over by an owner or developer of private land for public use, and the acceptance of land for the stated use by the governmental agency having jurisdiction over the public function for which it will be used. Dedications for roads, parks, school sites, or other public uses often are made conditions for approval of a development by the city.

"Defensible space." The area between a structure and a potential oncoming wildfire where the vegetation has been modified to reduce the wildfire threat and which provides an opportunity to effectively defend the structure. This is also known as "survivable space."

"Density." The total number of permanent residential dwelling units for each acre of land, exclusive of all existing public streets and rights-of-way.

"Density bonuses." As defined by Cal. Gov't Code §§ 65915 et seq., an increased residential density over the maximum authorized density which is granted to an owner/developer of a housing project agreeing to construct a prescribed percentage of affordable housing units.

"Department." The City of Brea Department of Community Development, referred to in this Zoning Code as the "Department."

"Designated historic resources." Resources within the city limits that have special historic, cultural, aesthetic, or architectural character, interest, or value as part of the development, heritage, or history of the city, region, state, or nation and that have been nominated and designated pursuant to Chapter 20.60 of this title, or listed in the California State Historic Landmarks, or in the National Register of Historic Places.

"Detached unit." A dwelling that is not connected or any way attached to any other dwelling unit.

"Detention basins." A basin for the temporary storage of stormwater in a best management practice, which is used to control the peak discharge rates, and which provides gravity settling of pollutants.

"Developer." A person, firm, corporation, partnership, or association who proposed to develop or subdivide real property for oneself or others.

"Development agreements." An agreement duly entered into in compliance with state law (Cal. Gov't Code § 65864 et seq.).

"Development project." A project in which one or more lots or parcels of land are to be developed or redeveloped as a coordinated site for a complex of uses, units, or structures including, planned development and/or cluster development for residential, commercial, institutional, recreational, open space, and/or mixed uses.

"Director." The Community Development Director. Where this staff title is no longer used by the city, the staff position most closely associated with this position, as determined by the City Manager, shall be the designated authority.

"Domesticated animal." Any animal customarily kept by humans as household pets (e.g., dogs, cats, birds, rabbits, hamsters, mice, turtles, etc.). Does not include farm animal or wild animal.

"Drip line." Area around the tree trunk that generally includes the spread of the tree branches. It also may refer to that area around a structure that is beneath the roof overhang.

"Drive-through facility." A facility that are designed or operated to serve a patron who is seated in an automobile or similar vehicle. This use class is intended to be applied in conjunction with another use class that defines the service or goods being provided.

"Driveway." A private roadway or access way providing direct vehicular access to an approved garage, parking lot, or parking space. A driveway shall not count as open space.

"Drought-tolerant plant materials." Those plants that tolerate heavy clay to sandy soil with the use of limited supplemental water. These plants are able to thrive with deep, infrequent watering once their root systems are established (three (3) to twelve (12) month average time period). These plants include those that naturally grow in areas of limited natural water supply (native and non-native plant species) and are adaptable to weather and soil conditions prevalent in the city.

"Dwelling." A building or portion thereof designed and used exclusively for residential occupancy including one (1) family, two (2) family, and multiple dwellings, but not including hotels, boarding and rooming houses.

"Dwelling, multi-family." A structure, or portion of a structure, providing occupancy for two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities, including, but not limited to, apartments and condominiums. May include other accessory facilities within the development, such as a leasing office, recreation amenities, etc.

"Dwelling, single-family, attached." A group of attached single-family dwelling units in a row of at least two (2) units, in which each unit has its own front and rear access to the outside, no unit is located on top of another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. Also commonly referred to as townhouses, row houses. The shared wall or walls extend from the foundation to the roof with adjoining dwelling units to form a property. Each dwelling unit typically has individual utility systems (e.g. plumbing, heating/cooling, etc.).

"Dwelling, single-family detached." A stand-alone structure containing no more than one (1) dwelling unit, with open space on all four sides . A single-family dwelling unit contains only one (1) kitchen.

"Dwelling unit." One or more habitable rooms containing areas for eating and sleeping, sanitation facilities as required by the Municipal Code, and one kitchen area, designed or used for the shelter or housing of one or more persons. This includes structures, manufactured homes, and mobile homes.

5. "E" words, terms and land uses.

"Earthwork." Excavation and embankment of earth.

"Edge." The perimeter areas of a development plan.

"Educational institutions, general." Public and private educational facilities for primary, secondary, or adult education, including kindergarten, elementary, junior high/middle, high schools, and colleges/universities, operated by a private entity, but excluding those classified as Educational Institutions, Trade.

"Effective bulk." The effective visual bulk of a structure when seen from a distance or from above or below.

"Educational institution, trade." Business, secretarial, and vocational schools operated by a private entity, offering specialized courses to adult students in trade, business, technical, and other similar subjects. Includes specialized non-degree granting schools.

"Educational institution, tutoring." This use class consists of primary or secondary education tutoring facilities with maximum teacher to student ratio of 10:1 at any given time to receive supplemental instruction of academic courses. No classrooms or large group sessions are included as part of these facilities.

"Electronic, radio, stereo, television, and/or video equipment sales." See "retail store, general merchandise."

"Elevation." Vertical distance in feet above sea level.

"Emergency shelter." A facility that provides immediate and short-term housing and may offer supplemental services to homeless persons or families on a first-come first-serve basis where people must vacate the facility each morning and have no guaranteed bed for the next night. Supplemental services may include counseling, food, and access to social programs.

"Employee." Any person employed by a firm, person(s), business, educational institution, nonprofit agency or corporation, government agency, or other entity.

"Employee housing." A housing accommodation that meets the definition of a "employee housing" in the Cal. Health and Safety Code § 17008 and as they may be amended, that provides housing accommodation to six (6) or fewer persons.

"Employer." Any person(s), firm, business, educational institution, government agency, nonprofit agency or corporation, or other entity, and may either be a property owner or tenant of an applicable development project.

"Employment generation factors." Refers to factors developed for use by the jurisdiction for projecting the potential employment of any proposed new development project.

"Entertainment venue." Indoor facilities that provide group entertainment as a primary business, other than sporting events, including movie and live-performance theaters, comedy clubs, concert halls, studios with live audiences not classified as adult entertainment business and other similar uses.

"Erosion." The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as weathering, solution, and transportation.

"Excavation." The removal of earth material, including soil and rocks.

"Export." Excess earth material that is removed from a grading project and deposited off-site.

6. "F" words, terms and land uses.

"Face of curb." The location at which the pavement section of a street ends and curb begins.

"Facility(ies)." The total of all buildings, structures, and grounds that encompass a worksite, at either single or multiple locations, that comprises or is associated with an applicable development project.

"Family." One (1) or more persons living together as a single housekeeping unit in a dwelling unit, or any residential care facility or group home, shall be permitted as allowed under state and federal law. See "single housekeeping unit."

"Family daycare homes." Facilities that regularly provide care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and are either a large family daycare home or a small family daycare home, as defined by Cal. Health and Safety Code § 1596.78. This use does not include daycare centers, as defined by Cal. Health and Safety Code § 1596.76.

"Fraternity/sorority house." A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for members and their guests or visitors and affiliated with a college or university.

"Fences." A solid or open barrier other than a wall above ground intended to enclose or mark a boundary, usually made of posts and wire or wood.

"Fill." The depositing of soil, rock or other materials by other than natural means.

"Financial institutions." Commercial establishments that provide retail financial services to individuals and businesses, including, but not limited to, banks, savings and loan, credit unions, and other similar uses.

"Finish grade." The final elevation of the ground surface after development, which is in conformance with the approved plans.

"Floor area, gross." See "gross floor area."

"Floor area ratio (FAR)." The total gross area of all structures on a parcel divided by the parcel area (FAR). For the purpose of calculating floor area, floor area shall:

• (1) Not include carports, elevator shafts, exterior courts, and garages; and

• (2) Be calculated based on the exterior faces of walls.

"Fuel modification zone (FMZ)." A fuel modification zone is a wide strip of land where combustible vegetation has been removed and/or modified and partially or totally replaced with drought-tolerant, fire-resistive plants to provide an acceptable level of risk from wildland fires.

• "G" words, terms and land uses.

"Garage." Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.

"Garage, private." Any detached accessory building, or an accessory portion of a principal building enclosed on three (3) sides by permanent walls, having a roof and a vehicle entrance door, and designed to be used primarily for the shelter and storage of motor vehicles owned or operated by the occupants of the principal buildings.

"Garages, public." A structure other than a private garage where vehicles are parked or stored for hire or remuneration.

"Garden centers and nursery." Commercial agricultural establishments engaged in the production of ornamental plants and other nursery products, grown under cover or outdoors. Includes stores selling these products, nursery stock, lawn and garden supplies, and commercial scale greenhouses other similar items. A use that is conducted entirely within an enclosed building is considered as "retail sales, general."

"General plan." The General Plan of the City of Brea adopted in compliance with Cal. Gov't Code §§ 65301 et seq. and adopted by the Council.

"Geogrids." Net-shaped, synthetic, polymer-coated fibers that are used to reinforce earth-fill slope, wall, and base layer construction. Incorporated in the base layers of paved or finished surfaces, or in surface layers of walls and slopes, they provide a stabilizing force within the soil structure itself.

"Golf course." A site that consists of golf courses and related uses, such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users and guests. A stand-alone miniature golf and golf ranges are not included.

"Government facility." Facilities owned or operated by a governmental entity (e.g., city, county, state, or federal government), including, but not limited to, administrative, clerical, direct service-related, or public contact offices, together with storage and maintenance of government vehicles. This classification includes post offices.

"Governor's appeal board." A board formed to review the appeal by an applicant, of an off-site hazardous waste facility land use decision disapproved by the city or one

(1) or more conditions of approval placed on an approved off-site hazardous waste facility, or an appeal by an interested person, based solely on the ground that the conditions imposed do not adequately protect the public health, safety, or welfare.

"Grade." The average level of the finished ground surfaces surrounding a structure.

"Grading." To bring an existing surface to a designed form by excavating, filling, or landforming operations.

"Gross acreage." See "acreage, gross."

"Gross floor area." The area included within the surrounding exterior finish wall surface of a structure or portion thereof, exclusive of courtyards.

"Guest house." This term shall mean "accessory living quarters." Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.

"Guest room." A single room with or without bath and without kitchen or cooking facilities, of permanent type construction, and attached to the main dwelling or an accessory building, which room is intended and used primarily for temporary guests of the occupants of the main building on the building site on which such guest room is located, and not rented or otherwise used as a separate dwelling.

• "H" words, terms and land uses.

"Hardscape." Decorative elements that may be combined with landscaping to satisfy the landscaping requirements of this Zoning Code. "Hardscape" elements include, but are not necessarily limited to, natural features (e.g., rock and stone) and structural features (e.g., art works, benches, fences, fountains, reflecting pools, screens, swimming pools, and walls) and crushed granite.

"Hazardous waste." A waste, or combination of wastes, which because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or inflammability, or physical, chemical, or infectious characteristics may:

• (1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or

• (2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.

"Hazardous waste facility, off-site." Any structures, other appurtenances and improvements on the land that is being used for treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste that is or operated under a permit, or under an interim status pursuant to the Cal. Health & Safety Code. Such facility may include, but not limited to, the following:

• (1)

  • Incineration facility (i.e., rotary kiln, fluid bed, etc.);

• (2) Residual repository (receives only residuals from hazardous waste treatment facilities);

• (3) Stabilization/solidification facilities;

• (4) Chemical oxidation facilities;

• (5) Neutralization/precipitation facilities; or

• (6) Transfer/storage facilities.

"Health/fitness centers." Fitness facilities, gymnasiums, health and athletic clubs, which may include accessory sauna, swimming pool, spa, or hot tub facilities; handball, indoor tennis, racquetball, and other indoor sports activities.

"Health and safety assessment." A technical and environmental evaluation of a proposed hazardous waste facility, site, and surrounding area prior to approval of a local permit. The assessment will consider the qualities and the physical and chemical characteristics of the specific types of waste that would be handled. The assessment will include a hydraulic evaluation as well as risks due to flooding, earthquakes, and potential water or air pollution. It is not intended that the Health and Safety Assessment duplicate information developed for an environmental impact report or risk assessments required under local, state, and federal regulations.

"Helipad and heliport." This use class consists of facilities for a landing and takeoff place for helicopters used for private, commercial or medical purposes. Maintenance, servicing, refueling, parking or storage of helicopters is permitted only at heliports.

"Hillside area." Any property containing slope areas of ten percent (10%) or greater.

"Historic resource." Any improvement listed in the Brea Historic Resources Register, as established in § 20.60.040.

"Home occupations." A clearly accessory commercial activity or business service conducted in a residential dwelling unit, only by residents of the unit, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.

"Horizontal and vertical building envelopes." The maximum width and height of a structure based on minimum setback requirements and maximum building height limitations for the zone within which the project is located. These envelopes may be utilized to evaluate visual impacts when specific architectural plans are not provided for subdivision review.

"Hotels." A building, or group of buildings, with guest rooms or suites, provided with or without meals or kitchen facilities, rented to the general public for overnight or other temporary lodging. Such rooms or suites are not used as the legal residence or principal dwelling place of the occupant(s), except for one (1) or more caretaker/ manager residential unit(s). Guest units are typically reached from a common entrance, but may also be reached directly from the outside of the building. This use includes incidental services that are customarily provided by a hotel, for the convenience of hotel guests (e.g., food service, recreational facilities, and retail services), public banquet, meeting, and reception rooms, and accessory guest facilities (e.g., elevators, indoor athletic facilities, swimming pools, and tennis courts).

"Household." One (1) or more persons occupying a dwelling.

"Household pet." Any domesticated animal normally kept as a pet.

"Hydrozones." Areas in an irrigation system that necessitate specific watering requirements due to plant material type.

• "I" words, terms and land uses.

"Immobile populations." Schools, hospitals, convalescent homes, prisons, facilities for the mentally ill, or other similar facilities.

"Impact area." Area(s) where natural ground surface is impacted or disturbed by grading activities.

"Impervious." Land surfaces which do not allow, or minimally allow, the penetration of water.

"Improvement." Any construction, building, landscaping, or paving activity which materially adds to the value of a facility, substantially extends its useful life, or adapts it to new uses. Repairs performed for the purpose of maintaining a facility in good operating condition but which do not materially add to the value of a facility or substantially extend its useful life are not considered improvements.

"Industrial, limited." Facilities that consists of manufacturing, assembling, treating, packaging and wholesaling of goods that are parts from previously prepared materials or finished products. All operations shall be conducted entirely within an enclosed building. This use Includes incidental warehousing of such products but excludes warehousing/storage as a primary use, basic industrial processing and custom manufacturing.

"Industrial, major." This use class consists of moderate to heavy manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods predominantly from raw materials. All operations shall be conducted entirely within an enclosed building. This classification includes uses that could potentially generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. This use classification includes product distribution centers that are larger than 200,000 square feet.

"Industrial, minor." Facilities that consists of the manufacturing, assembling, repairing, testing, processing, warehousing, wholesaling, and research or treatment of goods from fabricated items or raw materials which are lower in intensity, clean and are generally more compatible when located adjacent to commercial areas. All operations are conducted entirely within an enclosed building. This classification does not include, uses that generate excessive noise, fumes, odors or other operating conditions that would impact adjacent land uses, or operations involving large furnaces, plating, or lacquering. Typical uses include the manufacture of clothing, furniture, electronic equipment, novelty items, and toys; cleaning plants; machine shops; powder coating; food processing; and product distribution centers that are 200,000 square feet or smaller.

"Industrial, outdoor operation." Industrial facilities where their operations are predominantly conducted outdoors. This use does not include accessory outdoor storage incidental to a principal industrial use within an enclosed building.

"Industrial, outdoor storage yards." Facilities that consists of outdoor storage of trucks, equipment, and construction or maintenance materials as principal use. This use class also consists of facilities for outdoor storage of oversized and recreational vehicles. Minor and incidental repairs of the stored items, loading facilities and management offices are also included, but retail sale of the items is excluded. Typical uses include contractors' storage yards and vehicle storage yards. This use does not include accessory outdoor storage incidental to a primary enclosed industrial use.

"Institutional uses." An organizational use of a public character including charitable, cultural, educational, government, medical, non-profit, religious, scientific research, social, and sometimes recreational or entertainment uses.

"Interested persons." A person who participates in one (1) or more public meetings or hearings held to consider an application for a conditional use permit or any land use decision for a project. Participation includes, but is not limited to, attendance, submission of questions, or giving oral and written testimony at a meeting or hearing.

"Intermediate slopes." Two to one (2:1) slopes less than ten (10) vertical feet in height used chiefly for utilitarian purposes and are not readily visible such as side slopes and buried water tanks.

"Invasive species." Non-native species whose introduction does or is likely to cause economic or environmental harm or harm to human health and which tend to disrupt natural ecosystems by displacing native species.

10. "J" words, terms and land uses.

"Jurisdictional wetlands." Wetlands that fall under the authority of the U.S. Army Corps of Engineers under § 404 of the U.S. Water Act.