Chapter 16.190 — MINISTERIAL REVIEW OF QUALIFYING SUBDIVISIONS OF TEN UNITS OR LESS

• A. The city shall consider ministerially, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project, as defined in Government Code Section 65589.5, that meets all of the following requirements:

  1. The proposed subdivision will result in ten or fewer parcels and the housing development project on the lot proposed to be subdivided will contain ten or fewer residential units.

  2. The lot proposed to be subdivided is the subject of an application filed before July 1, 2025, and meets all of the following:

     • a. The lot is zoned for multifamily residential development.

     • b. The lot is no larger than five acres and is substantially surrounded by qualified urban uses.

     • c. The lot is a legal parcel located within the jurisdiction of the city.

     • d. The lot was not established pursuant to Chapter 16.169 or this Chapter 16.190.

  3. The lot proposed to be subdivided is the subject of an application filed on or after July 1, 2025, and meets one of the following:

     • a. The lot is zoned to allow multifamily residential uses.

     • b. The lot is vacant and zoned for single-family residential development. For purposes of this paragraph, "vacant" means having no permanent structure, unless the permanent structure is abandoned and uninhabitable. All of the following types of housing shall not be defined as "vacant":

       • i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent or sales price to levels affordable to persons and families of low, very low, or extremely low income.

       • ii. Housing that is subject to any form of rent or sales price control.

       • iii. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

  4. The newly created parcels are no smaller than six hundred square feet. If the application for the proposed subdivision is filed on or after July 1, 2025, newly created parcels zoned for single-family residential may be no less than one thousand two hundred square feet.

  5. The residential units on the lot proposed to be subdivided are one of the following:

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City of Brentwood, CA § 16.190.010

SUBDIVISIONS AND LAND DEVELOPMENT

• b. Part of a common interest development.

  • c. Part of a housing cooperative.

  • d. Constructed on land owned by a community land trust.

  • e. Part of a tenancy in common as described in Civil Code Section685.

6. The proposed housing development project will meet one of the following, as applicable:

   • a. If the parcel is identified in the city's housing element for the current planning period, the housing development project must include at least sixty-six percent of the maximum residential density allowed under Title 17 or sixty-six percent of the applicable residential density specified in Government Code Section 65583.2(c)(3)(B), whichever is greater. If the parcel is identified to accommodate any portion of the jurisdiction's share of the regional housing need for low or very low income households, the project must include at least as many low or very low income units as projected in the housing element. These units shall be subject to a recorded affordability restriction of at least forty-five years.

   • b. If the parcel is not identified in the city's housing element for the current planning period, the housing development project must include at least as many units as the maximum allowable residential density.

7. The average total area of floorspace for the units on the lot proposed to be subdivided does not exceed one thousand seven hundred fifty net habitable square feet. For purposes of this paragraph, "net habitable square feet" means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.

8. The housing development project on the lot proposed to be subdivided complies with Chapter 17.725.

9. The housing development project on the lot proposed to be subdivided does not require the demolition or alteration of any of the following types of housing:

   • a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of low, very low, or extremely low income.

   • b. Housing that is subject to any form of rent or price control.

   • c. Housing occupied by tenants within the five years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.

   • d. A parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of

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City of Brentwood, CA § 16.190.010

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§ 16.190.010

Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

10. The lot proposed to be subdivided is not located on a site that is any of the following:

• a. Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

• b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

• c. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

• d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to former Section 25356 of the Health and Safety Code, unless either of the following applies:

  • i. The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Government Code Section 65962.5.

  • ii. The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

• e. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

• f. Within a special flood hazard area subject to inundation by the one-percent

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City of Brentwood, CA § 16.190.010

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§ 16.190.010

annual chance flood (one-hundred-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this paragraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following is met:

  - i. The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction. 

  - ii. The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. 

• g. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

• h. Land identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), or another adopted natural resource protection plan.

• i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

• j. Land under conservation easement.

11. The proposed subdivision conforms to all applicable objective requirements of the Map Act and Section 16.190.020, except as otherwise expressly provided in this Chapter 16.190.

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City of Brentwood, CA

BRENTWOOD CODE

§ 16.190.010

§ 16.190.020

12. Any parcels proposed to be created pursuant to this section will be served by a public water system and a municipal sewer system.

13. If an application is filed after July 1, 2025, the proposed subdivision will not result in any existing dwelling unit being alienable separate from the title to any other existing dwelling unit on the lot.

• B. The city shall approve or deny an application for a parcel map or a tentative map for a housing development project submitted to the city pursuant to this section within sixty days from the date the city receives a completed application. If the city does not approve or deny a completed application within sixty days, the application shall be deemed approved. If the city denies the application, the city shall, within sixty days from the date the city receives the completed application, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application.

• C. Any housing development project constructed on the lot proposed to be subdivided pursuant to this section shall comply with all applicable objective zoning standards, objective subdivision standards, and objective design standards as established by the city that are not inconsistent with this Chapter 16.190.

• D. The city may condition the approval and recordation of a subdivision map upon the completion of a residential structure in compliance with all applicable provisions of the California Building Standards Code that contains at least one dwelling unit on each resulting parcel that does not already contain an existing legally permitted residential structure or is reserved for internal circulation, open space, or common area.

• E. The city may deny the issuance of a parcel map, a tentative map, or a final map if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

• F. Notwithstanding Section 17.100.005, the city is not required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels created through the exercise of the authority contained within this section.

• G. Notwithstanding Section 66411.7 of the Government Code or Chapter 16.169, the city is not required to permit an urban lot split on a parcel created through the exercise of the authority contained within this Chapter 16.190.

• (Ord. 1082, 1/28/2025)

• A. A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 16.190.010 that complies with the following:

  1. All objective zoning standards, objective subdivision standards, and objective design standards that are related to the housing development or to the design or improvement of a parcel, and do not conflict with this section or Section 16.190.010.

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City of Brentwood, CA § 16.190.020

SUBDIVISIONS AND LAND DEVELOPMENT

§ 16.190.020

2. Notwithstanding paragraph 1 above, a housing development on a lot that is subdivided pursuant to Section 16.190.010 is not subject to an objective zoning standard, objective subdivision standard, or objective design standard that does or is any of the following:

   • a. Physically precludes the development of a project built to densities as specified in Government Code Section 65583.2(c)(3)(b). This paragraph does not preclude a project at a density greater than the maximum density specified that section. Notwithstanding the foregoing, for housing development project applications filed on or after July 1, 2025, a development located on a "vacant" lot as defined in Section 16.190.010(A)(3)(b), is subject to a height limit of no less than the height allowed pursuant to the existing zoning designation applicable to the lot.

   • b. Imposes any requirement that applies to a project solely or partially on the basis that the subdivision or housing development receives approval pursuant to this section.

   • c. Requires a setback between the units, except as required in the California Building Code.

   • d. Requires that parking be enclosed or covered.

   • e. Imposes side and rear setbacks from the original lot line inconsistent with Section 17.797.004(A)(7)(b).

   • f. Imposes parking requirements inconsistent with Section 17.797.004(A)(8).

   • g. For a housing development project consisting of three to seven units, inclusive, impose a floor area ratio standard that is less than 1.0. For a housing development project consisting of eight to ten units, inclusive, impose a floor area ratio standard that is less than 1.25.

• B. A housing development project on a proposed site to be subdivided pursuant to this Chapter 16.190 is not required to comply with the following:

  1. A minimum requirement on the size, width, depth, or dimensions of an individual parcel created by the development beyond the minimum parcel size specified in, or established pursuant to, Section 16.190.010(D).

  2. The formation of a homeowners' association, except as required by the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). Notwithstanding the foregoing, the city may require a mechanism for the maintenance of common space within the subdivision, including, but not limited to, a road maintenance agreement.

• C. The city shall ministerially consider, without discretionary review or a hearing, an application for a housing development project submitted pursuant to this section. The city shall approve or deny such an application within sixty days from the date the city receives a completed application. If the city does not approve or deny a completed application within sixty days, the application shall be deemed approved. If the city denies the application, the city shall, within sixty days from the date the city receives the completed application, return, in writing, a full set of comments to the applicant with a list of items

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City of Brentwood, CA

BRENTWOOD CODE

§ 16.190.020

§ 16.190.030

that are defective or deficient and a description of how the applicant can remedy the application.

• D. The city may disapprove a housing development project that meets the requirements of this section if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

• (Ord. 1082, 1/28/2025)

The city shall issue a building permit for one or more residential units that are part of a housing development project consisting of ten or fewer units pursuant to Government Code Section 65913.4.5, as may be amended from time to time. (Ord. 1082, 1/28/2025)

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