Brentwood moves to align subdivision rules with new state small‑lot laws

The City Council introduced an ordinance Jan. 14 to amend Title 16 (Subdivisions and Land Development) to implement provisions of Senate Bill 684 and Senate Bill 1123.

Planning Manager Eric Nelthanias explained the bills require local governments to ministerially approve subdivision maps for projects of 10 or fewer lots that meet objective criteria (parcel sizes, density, zoning, surrounding urban development). SB 1123 expands and clarifies the expedited process and adds technical rules such as minimum parcel sizes for single‑family sites (1,200 square feet), objective height limits, and definitions of net habitable square feet.

Nelthanias said the city has prepared a checklist and objective design standards for ministerial review; the laws remove local discretion and public hearings for eligible projects; staff noted no requests for these small‑lot subdivisions had been received to date. The proposed local ordinance would add a new chapter 16.19 to consolidate the procedures and objective standards. Following the council’s action to introduce and waive first reading, staff said the second reading would occur at the next meeting and the ordinance would take effect approximately 30 days after adoption.

Council members voiced concern about the state‑level loss of local control, the small minimum lot size (1,200 sq ft) and the lack of environmental review under the new law. Staff clarified the council may adopt objective design standards but that the state law requires those standards to yield in certain circumstances.

Why it matters: The ordinance would create a streamlined, ministerial pathway for qualifying small‑lot subdivisions, changing local land‑use review procedures and reducing opportunities for discretionary review and public hearings for those projects.

What’s next: Staff will return for second reading and adoption; once adopted the ordinance would be effective 30 days later.