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Title 20 — ZONING CODE

Chapter 20.52 — ACCESSORY DWELLING UNITS

Brea Municipal Code · 2026-07 edition · updated 2026-10-01 · Brea

§ 20.52.010. Intent and purpose.

The city recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that accessory dwelling units and junior accessory dwelling units are a valuable form of housing in California. It is the intent of the city to permit all types of accessory dwelling units in all areas zoned to allow single-family, multi-family and mixed-use residential, in conformance with state law, and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in conditions, covenants and restrictions or similar instruments. (Ord. 1242, 8-15-2023)

Exceptions & meaning →

§ 20.52.020. Definitions.

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

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

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

"Efficiency kitchen." A room or an area within a room used, or intended or designed to be used, for cooking or the preparation of food that includes at minimum a sink, a cooking facility, a food preparation counter, and storage cabinets.

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

"Sanitation facility." A room that includes a toilet compartment, sink with hot and cold-water taps, and shower or bathtub.

(Ord. 1242, 8-15-2023; Ord. 1254, 3-18-2025)

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§ 20.52.030. Applicability.

Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit or a junior accessory dwelling unit shall comply with the requirements of this chapter and the city's building and fire codes. An accessory dwelling unit or junior accessory dwelling unit that conforms to the standards of this chapter shall not be:

  • A. Deemed to be inconsistent with the General Plan designation and zone for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.

  • B. Deemed to exceed the allowable density for the parcel on which the accessory dwelling unit is located.

  • (Ord. 1242, 8-15-2023)

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§ 20.52.040. Development standards.

  • A. Permitted locations. An accessory dwelling unit or junior accessory dwelling unit shall be allowed if the existing lot and dwelling meet the following requirements:

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

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

  • B.

    • Number of units per lot.
    1. Properties with a proposed or existing single-family dwelling.

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

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

      • c. One junior accessory dwelling unit.

    2. Properties with a proposed or existing multi-family dwelling.

      • a. One interior accessory dwelling unit or up to 25% of the existing units, whichever is higher; and

      • b. Up to two detached accessory dwelling units on a lot with a proposed multifamily dwelling; or

      • c. Up to eight detached accessory dwelling units on a lot with an existing multifamily dwelling, provided that the number of accessory dwellings does not exceed the number of existing units on the lots.

  • C. The following development standards contained in Table 20.52.040.A (Accessory Dwelling Unit Development Standards) apply based on the type of unit and the applicable development standards. All accessory dwelling units are required to comply with all applicable standards:

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

Text read from an image; its layout may differ:
TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Accessory Dwelling Unit
Accessory Dwelling
Unit, Junior Attached Detached
Notes:
If an Accessory Dwelling Unit is created by converting
an existing space, there is no maximum unit size
requirement.
Such conversion may include an expansion of not more
than 150 square feet beyond the same physical
dimensions as the existing structure if the expansion is
for the sole purpose of accommodating ingress and
egress to the converted area.
At a minimum, the following ADU unit sizes are
allowed:
- 850 square feet for ADUs with at least one bedroom.
- 1,000 square feet for ADUs with more than one
bedroom.
Maximum Site Coverage The standards of the 800 sq. ft.: No maximum
underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Maximum Rear Yard The standards of the 800 sq. ft.: No maximum
Coverage underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Minimum Outdoor Living The standards of the 800 sq. ft.: No maximum
Space underlying zone shall >800 sq. ft.: The standards of the underlying zone shall
apply apply
Minimum Setbacks The standards of the Front - The standards of the underlying zone shall
underlying zone shall apply
apply Side - 4 feet
Rear - 4 feet
Notes:
A detached accessory dwelling unit shall be located no
closer than the front-most building wall of the primary
dwelling unit
No additional building setback shall be required for an
accessory dwelling unit that is created by conversion of
an existing space, such as primary dwelling unit,
garage, accessory structure, if the accessory dwelling
unit is created in the same location and to the same
dimensions as an existing structure.
Front yard setback may be reduced if applying the
standards of the underlying zone prevents creation of
an 800 square-foot unit.

Text read from an image; its layout may differ:
TABLE 20.52.040.A: ACCESSORY DWELLING UNIT DEVELOPMENT STANDARDS
Accessory Dwelling Unit
Accessory Dwelling
Unit, Junior Attached Detached
Maximum Structural Height The standards of the 25 feet or the standards of 16 feet maximum Note:
underlying zone shall the underlying zone, Additional height shall be
apply whichever is lower allowed as provided in
Note: If an accessory Cal. Gov’t Code
dwelling unit is attached § 66321(b)(4).
to the second floor of the
primary dwelling unit, the
maximum height shall be
the height of the existing
primary dwelling unit.
Minimum Distance Between Not Applicable Not Applicable Minimum 10 feet between
Buildings the main dwelling unit and
the detached accessory
dwelling unit
Note: No additional
building separation is
required for an existing
garage or an existing
accessory building that is
converted to an accessory
dwelling unit
Access Must have independent Must have independent entrance from the exterior into
entrance from the exterior the accessory dwelling unit
into the Junior Accessory
Dwelling Unit
If the unit shares
sanitation facility with the
primary dwelling, the unit
must also include an
interior access to the
primary dwelling
Minimum Kitchen Efficiency kitchen
Requirements
Sanitation Facility May share sanitation Must have separate sanitation facility
facility with main
dwelling unit or have
separate sanitation facility
Minimum Parking As specified in § 20.08.040.D. of this title.
Requirements

  • D. Unit size calculation. When calculating the unit size, non-livable space attached to any accessory dwelling units, including, but not limited to, attached garages, porches, patios, overhangs, and balconies shall not be included.

  • E. Addressing. Address numbers of all dwelling units on the lot shall be displayed clearly visible from the street or displayed in a building directory.

  • F. Attached accessory structures. All accessory structures attached to an accessory dwelling unit or a junior accessory dwelling unit, including but not limited to, patio covers, porches, garages, and balconies, shall comply with requirements of the underlying zone.

  • G. Emergency access. Adequate access by emergency services to the primary dwelling unit, accessory dwelling unit, and junior accessory dwelling unit shall be provided.

  • H. Fire sprinklers. The installation of fire sprinklers shall not be required in an accessory dwelling unit or junior accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.

  • I. Nonconforming conditions. The correction of a physical improvement on a lot that does not conform with the city's current zoning standards is not required in order to establish an accessory dwelling unit or a junior accessory dwelling unit on such lot.

  • J. Code compliance. All accessory dwelling units shall comply with all applicable Fire and Building Codes.

  • K. Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to requirements specified in Table 20.52.040.A. may be considered by the city through a Certificate of Compatibility process pursuant to § 20.408.050 of this Title.

  • (Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025; Ord. 1276, 6/16/2026)

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§ 20.52.050. Owner occupancy requirements.

  • A. Accessory dwelling units and junior accessory dwelling units shall not be sold or owned separately from the primary dwelling unit, except as otherwise provided in Cal. Gov't Code § 66341. If an accessory dwelling unit is sold or conveyed separately from the primary residence pursuant to Cal. Gov't Code § 66341, it shall comply with the following:

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

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

    3. Provide separate utility connections and separate utility meters.

  • B. Any junior accessory dwelling unit and accessory dwelling unit that is used as a rental unit must be rented for no less than 30 consecutive days at any time.

  • C. Junior accessory dwelling units. If the property contains a junior accessory dwelling unit, which has shared sanitation facilities with the existing structure, the legal owner of such property must occupy one of the residential dwellings on the property as that person's legal domicile and permanent residence as long as the junior accessory dwelling unit exists on the property. Owner occupancy shall not be required if the junior accessory dwelling unit has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.

  • D. The legal owner of a property with a junior accessory dwelling unit subject to the owner occupancy requirements as specified in subsection C. of this section shall record a covenant in a form satisfactory to the City Attorney within 30 days following the issuance of a building permit for such junior accessory dwelling, which shall include the following requirements and any other provisions required by state law:

    1. The junior accessory dwelling unit may not be sold, transferred, or assigned separately from the primary residence;

    2. The junior accessory dwelling unit may not be rented for a period of less than 30 consecutive days;

    3. The junior accessory dwelling unit shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; and

    4. Such restrictions shall run with the land and be binding upon all future owners, and lack of compliance may result in legal action against the property owner to compel compliance with this code. The covenant shall be recorded in the official records of Orange County, and a copy of the covenant shall be filed with the office of the City Clerk.

  • (Ord. 1242, 8-15-2023; Ord. 1247, 3-19-2024; Ord. 1254, 3-18-2025; Ord. 1276, 6/16/2026)

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§ 20.52.060. Action on an application.

  • A. The application for an accessory dwelling unit or junior accessory dwelling unit shall be reviewed ministerially through the city's building permit plan check process, without any discretionary review or hearing. If the city determines that the application and evidence submitted show that the accessory dwelling unit or junior accessory dwelling unit will comply with the requirements of this section, the application shall be approved as follows:

    1. If the application is for an accessory dwelling unit or junior accessory dwelling unit on a lot with an existing single-family or multi-family dwelling, the city shall either approve or deny the application within 60 days from the date the city receives a completed application.

      • a. The applicant may request a delay of a city approval or denial. In such case, the 60-day time period shall be tolled for the period of the requested delay.
    2. If the application is for an accessory dwelling unit or junior accessory dwelling unit or junior accessory dwelling unit proposed in conjunction with a new single-family or multi-family dwelling, the city may delay either approving or denying the application until the city either approves or denies the permit application for the new single-family or multi-family dwelling.

  • B. Fees. All applications for accessory dwelling units must be accompanied by the required application fee.

  • (Ord. 1242, 8-15-2023)

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