Brentwood council adopts state-aligned zoning changes to expand and streamline accessory dwelling units

The Brentwood City Council on Feb. 11 introduced and waived first reading of an ordinance (RZ24-009) that revises the city’s zoning rules for accessory dwelling units and junior accessory dwelling units to conform with recent state legislation and guidance from the California Department of Housing and Community Development.

“State law restricts both the scope of the regulations as well as the approval process that jurisdictions can impose on these kinds of units,” Planning Manager Eric Noothenius told the council, summarizing why the code update was necessary.

The ordinance incorporates multiple state-driven changes the council must adopt, staff said, and aligns local code language with HCD’s most recent handbook. Noothenius said staff received a letter from the California Housing Defense Fund during the Planning Commission notice period; the Fund objected to aspects of the draft ordinance related to permanent foundations and certain parking rules. City staff and the city attorney recommended edits so building-code enforcement, rather than the zoning code, would address foundation requirements when a building permit is required.

The Planning Commission had no recommendation: commissioners were concerned about reduced local control and unanimously declined to forward a recommendation for council action. Council members who spoke acknowledged that tension between compliance with state law and maintaining local discretion.

Council Member Ovita Mendoza framed the issue as one of legality and timing: multiple state bills require local changes. “All of these bills required by January of this year that we follow the law, which means we need to adopt the state laws,” she said, citing recent legislation discussed by staff.

City Attorney Katie (last name in staff file) and planning staff recommended two clarifying edits to the draft ordinance to ensure (1) cross-references were correct and (2) the ordinance set clear size and setback limits for non-exempt ADUs. The council approved the edits and voted to introduce and waive first reading of the ordinance.

The ordinance’s formal title, as read into the record, amends definitions in Chapter 17, repeals the prior accessory-dwelling section, adds Chapter 17.715 for ADUs and JADUs, and updates plan-development standards to comply with state planning law and Government Code Section 65852.21.

The council’s action implements the city’s adopted Housing Element Action H.1.b, staff said, which called for code updates to remove barriers to ADU production. No immediate fee or new program funding decisions were tied to the ordinance vote.

Council members who opposed the state’s approach said they support more housing but said the state’s patchwork of bills reduces local control over parking, design and neighborhood impacts. Council Member John Orleman said the city should use the code to the fullest extent allowed to preserve neighborhood character. Council Member Maloney and others thanked staff for compressing complex state law into a local ordinance and for addressing the Foundation and parking concerns raised by outside commenters.

The ordinance passed on first reading with no recorded objections. Staff and the city attorney said two small technical edits would be incorporated before final adoption at a subsequent meeting.