The Zoning Code requires periodic updates to ensure consistency between City policies and State law, to improve clarity, and to better serve the public. As such, staff has identified a number of provisions in the Zoning Code that need to be amended due to recent shifts in policy and trend, new laws and regulations, or changes to other sections of the Code. The main goals for this omnibus amendment are to provide internal consistency within the Code, modernize the Code to be reflective of good planning practices and recent City Council policy actions, and achieve consistency with recent State laws. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance, which includes updates to 26 chapters of the Zoning Code.
Proposed Amendments
The proposed amendments can be categorized into seven topic areas. The following provides an overview of the proposed amendments, divided into different topic areas:
Amendment #1: Permitted Land Uses and Definitions
The Zoning Code includes at least 21 different lists of permitted, conditionally permitted, and prohibited land uses, based on standards established for the 21 base zoning districts. Based on this existing structure of the Code, there are several issues related to readability, inconsistency between land use terms, usage of outdated and redundant land use terms, and missing definitions. These issues greatly reduce usability of the Code, and as such, an update to the Code to address these issues would be beneficial to both the City and the members of the public.
In order to address these issues, a new chapter (Chapter 20.11) is proposed, which includes a master land use table that comprehensively lists all permitted, conditionally permitted, and prohibited land uses within all 21 base zoning districts. Concurrently, Chapters 20.200, 20.206, 20.208, 20.212, 20.216, 20.220, 20.224, 20.228, 20.232, 20.236, 20.240, 20.244, 20.248, 20.252, 20.256, 20.258, 20.259, and 20.261 are amended to remove the existing list of permitted, conditionally permitted, and prohibited land uses and to add references to the newly created Chapter 20.11. In addition, Chapter 20.00 of the Code would be amended to update the definitions associated with the land uses currently referenced in the Code and to introduce a new format by introducing new subsections. The below image shows an excerpt of the new master land use table.
Excerpt of the New Master Land Use Table
Amendment #2: Minimum Parking Requirements
The existing minimum parking requirements table (Parking Table), found in Section 20.080.040 of the Zoning Code, requires an update as there are existing inconsistencies between the land use terms used in the Parking Table and the land use terms found in the existing permitted land use lists. In addition, the existing Parking Table does not provide corresponding standards for many of the land uses currently listed in the Code. Most importantly, the proposed updates related to the permitted land uses and definitions as described in Amendment #1 section above creates additional discrepancies in the Parking Table.
As such, the existing Parking Table is proposed to be replaced with a new table. The new table includes minimum parking requirements for every land use type listed in the new master land use table included in the new Chapter 20.11. In creating the new parking table, the Code’s existing parking requirements were utilized for the most land uses that were updated, separated, or combined from the existing land use list. For a very limited number of land use types where the existing Code does not provide minimum parking requirements (e.g. stables, ranches), the proposed new minimum parking requirements are based staff’s research of other local jurisdictions’ minimum parking standards applicable to similar land uses. In addition, the proposed amendment clarifies that the term “floor area” used in the minimum parking requirement calculation refers to “gross” floor area.
Amendment #3: Tree Preservation Standards
Per the City Council topics identified for the year 2023, a new chapter (Chapter 20.74) would be added, which would establish a City-wide tree preservation standard for certain native trees. A few key points of the proposed standard are summarized below.
| Applicability |
Parcels/combine project area that is equal or greater than 20,000 square feet |
| Protected Trees |
Quercus varieties (Oak); Salix varieties (Willow); Platanus varieties (Sycamore); Hesperocyparis forbesii (Tecate Cypress); Juglans californica (Southern California Black Walnut); Populus trichocarpa (Black Cottonwood); Populus fremontii (Fremont Cottonwood); Alnus rhombifolia (White Alder) |
Minimum DBH required:
- 6 inches for single trunk and 12 inches for multi-trunk
- Exception: no minimum required for Hesperocyparis forbesii (Tecate Cypress)
|
| Permit Requirement |
Tree Permit required to remove/relocate protected tree;
Subject to findings (i.e. health of the tree, impact on existing/proposed development, human life, or personal property, fire prevention) |
| Replacement Requirement |
Replacement ratio varies from 2:1 to 7:1, depending on the size of the protected tree being removed |
| Monitoring Requirement |
The replaced/relocated protected tree is required to continually monitored for five years. |
Amendment #4: Off-Site Advertising Signs
“Billboards,” or off-site advertising signs, is defined as signs that advertise or display information about any business, industry, service, product or event that is not conducted on the site in which such sign is located. In recent years, other cities in the region (i.e. Fountain Valley, Fullerton, Buena Park, Placentia) have started to allow such signs on limited basis, in recognition of advancement in sign technology and potential revenue these signs could generate for local jurisdictions. Similarly, the City Council recently approved a development agreement for a development project (Brea Mall Redevelopment Project), which identified provision of freeway-oriented off-site advertising signs, in which the City is a part of revenue sharing, as a community benefit.
In order to implement the City Council’s recent action, Chapter 20.28 is amended to reclassify the term “billboards” as “off-site advertising signs,” define “electronic signs” and “freeway oriented of-site advertising signs,” and to include a provision to allow off-site advertising signs within non-residentially zoned properties and public right-of-way located in proximity to State freeways. The proposed amendments were further updated since the Planning Commission’s review in order to further incorporate the Commission’s comments related to potential light pollution and proliferation. As proposed, such signs would only be allowed with an approval of a conditional use permit and the operation of such signs would be limited up to five years (for electronic signs) or two years (for other signs), unless longer duration is permitted through an approval of a development agreement. In addition, a number of objective standards for such signs are also proposed, which includes, but not limited to, separation requirement, height standard, utility placement, number of sign face, maintenance requirement, lighting level, and, etc.
Amendment #5: Height of Detached Accessory Structures
Detached accessory structures (e.g. pool houses, garages, additional guest rooms, etc.) are typically allowed to be located closer to the property lines than the main dwelling unit, and as such, taller detached accessory structures have potential to create visual and privacy impacts to neighboring properties. Since the Zoning Code currently allows such structures to be as high as 30 to 35 feet in residential zoning districts, there is a need to consider implementing lower maximum height limit for these types of structures.
As such, Chapters 20.208, 20.212 and 20.216 of the Code are proposed to be amended to establish a separate height limit of 18 feet for detached accessory structures. This new standard would apply to all single-family zoning districts that currently do not have such standard (R-1, R1-H, and R-1 (5,000) zones), along with R-2 Multiple Family Residential Zone. R-2 Zone is included because a number of developments that were developed as single-family neighborhoods currently exist in R-2 zoning district.
Amendment #6: Large Family Day Care Homes
A large family day care home is a home where an occupant of the residence provides care and supervision for nine to 14 children that are less than 18 years of age for periods of fewer than 24 hours per day. Since 2019, the State law requires cities to consider such homes as a residential use and prohibits cities from imposing any regulatory requirements. However, the Zoning Code currently is not consistent with this State law as the Chapter 20.284 of the Code specifies several regulatory requirements for large family day care homes. As such, Chapter 20.284 of the Code would be repealed and removed from the Code in its entirety to comply with the State law.
Amendment #7: Other Minor Updates
Staff has identified a number of sections in the Zoning Code that have errors and incorrect/incomplete references, which requires an update to improve the internal consistency within the Code. Specifically, Chapters 20.04, 20.206, 20.208, 20.220, 20.236, 20.252, and 20.258 would be amended to ensure consistency between the abbreviation and name of each zoning districts, to replace the outdated terms, and to replace/remove incorrect and missing references.
More detailed analysis of the proposed amendments is provided in the June 13, 2023 Planning Commission staff report (Attachment B). In addition, the redlines associated with above listed amendments, which show deletions in strikethrough and additions in underlines (Redline), can be found in the Exhibit A of the Planning Commission Resolution No. 2023-05 ( http://weblink.cityofbrea.net/weblink/0/doc/149196/Page1.aspx). The clean version of the proposed amendments, which includes updates to the Redline version of the proposed amendment that were determined by the City Attorney to be not substantial, can be found in the draft Ordinance (Attachment A). A table summarizing the proposed amendments as described in this Section of the report, which also provides specific section numbers of both the Redline and the draft Ordinance that applies to each topic areas, is provided as Attachment C.
Environmental Assessment
The proposed project has been assessed in accordance with the California Environmental Quality Act (CEQA) Guidelines and the environmental regulations of the City. The proposed amendment to the Zoning Code is exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines Section 15061(b)(3) because the proposed amendments are intended to provide consistency between land uses, definitions, and parking requirements, establish tree preservation standards, allow off-site advertising signs, establish maximum height limitation for detached accessory structures, update the Zoning Code to be consistent with recent State laws and clarify certain Zoning ordinance provisions and address existing grammatical errors, incorrect references and internal inconsistency, without approving any developments. As such, the proposed amendments will not have a significant effect on the environment. Any future developments (i.e. new off-site advertising sign) would be subject to CEQA review.
Public Notice and Comments
This Project was noticed in accordance with the City’s public noticing requirements, which involved publication in the Brea Star-Progress. The public hearing notice for this Project is provided as Attachment D. As of the writing of this report, staff has not received public comments. |