Conditional Use Permit
What Is a Conditional Use Permit
All property in Brea is divided into zones. Each zone is designated with certain permitted, conditional, and prohibited uses for the land. Conditional uses are allowed only after the Planning Commission favorably reviews the project and grants a Conditional Use Permit (CUP). The commission will determine if the proposed use would be detrimental to surrounding areas or the community as a whole. Then the Planning Commission grants a CUP, it may require specific safeguards or impose certain conditions to protect the community’s health, safety and general welfare.
Examples of projects requiring a Conditional Use Permit
- Service stations
- Car washes
- Drive-through restaurants
- Vehicle sales
- Alcohol sales
Before You Apply
As mentioned in the Development Guide, it is prudent to check zoning before you sign a lease or purchase a piece of property. You will want to ensure that your intended use is allowed under Brea’s zoning ordinance. To check zoning, simply call Community Development's Planning Division at 714-990-7674. A planner will help you determine if the proposed use is consistent with the zoning or of it may be allowed after a Planning Commission review and approval or a CUP application.
Brea’s unique Screen Check process is particularly helpful in projects requiring a CUP. Screen Check is a free service that allows you to meet with staff from various city departments before you file an application. This technical team will assess your project, discuss concerns, and explain any special requirements of your project. By helping you understand these requirements before you invest in any architectural or engineering services, Screen Check can save you a substantial amount of time and money. Screen Check meetings are held twice each month. Call the Planning Division at 714-990-7674 to schedule an appointment.
As described in the Development Guide, filing the Uniform Application begins the development process. This form initiates a variety of actions including your request for a CUP. You will need to make an initial deposit to cover the costs incurred by the Community Development staff in reviewing your project. Staff time will be charged against the deposit as follows:
- $82 per hour for inspection services
- $94 per hour for professional
- $126 per hour for management
There may be other fees that apply. The initial deposit may vary depending on the complexity of your project. Any unused funds will be returned to you. Within 30 days of filing, you will be notified that your application is complete or that additional information is needed.
The California Environmental Quality Act (CEQA) requires that all discretionary projects (those projects requiring Planning Commission review) be analyzed to determine the potential impact they will have on the environment. A planner will explain the criteria used in the assessment and determine which type of review is appropriate for your project.
Planning Staff Review
Once all the required information has been compiled, the Planning staff will prepare a report and resolution which develops recommendations for the Planning Commission. In preparation for the commission meeting and the public hearing, a copy of the report and the draft resolution will be sent to you and will also be made available for public review.
Planning Commission Review
The Planning Commission is required to hold a public hearing on all Variance applications. At least ten days before the meeting, city staff will mail a public hearing notice to all property owners within 300 feet of your project site. The notice will also be posted at the City Hall and published in the local newspaper.
At the hearing, staff will present an oral report and recommendation. Following the staff presentation, you may speak to the commission and make a presentation if you so desire. Other interested people may also comment. After evaluating the testimony, the staff report, and the environmental information, the Planning Commission will vote to approve, approve with conditions, or deny the application.
City Council Review
The action of the Planning Commission will be final unless it is appealed to the City Council. The appeal must be filed in writing within 10 days of the Planning Commission’s decision. To obtain appeal processing requirements, contact the City Clerk’s Office at 714-990-7755.