Brentwood — Variances and Exceptions

Last reviewed: July 1, 2026

Overview

In Brentwood’s Title 17 Zoning, a “variance” is a formal approval to relax a zoning standard when unique site circumstances make strict compliance impractical, while still preserving the ordinance’s purposes. Variances are governed by the citywide procedure in Chapter 17.860 and cannot be used to authorize a use that isn’t allowed in the zone. Specific plan and planned development districts sometimes include their own targeted “exceptions” processes for minor deviations, separate from a variance. The guidance below ties the citywide variance rules to Brentwood’s districts and special chapters so you know where each pathway applies.

Citywide variance rules (apply in all zones)

• What a variance can and cannot do. Brentwood’s variance procedure applies to any request to relax a zoning regulation, but a variance “cannot be granted to permit a use not otherwise allowed in the zone.”
• Required findings. A variance may be granted only if all findings in Section 17.860.005 can be made, including: strict compliance would cause practical difficulty or unnecessary hardship due to unique site conditions or design; denial would deprive privileges enjoyed on similarly zoned property; the change won’t harm neighbors or the public; and it isn’t a special privilege.
• Who decides. The Planning Commission holds a public hearing and decides most variances; the Zoning Administrator may act on limited “minor variances” (see below). If a variance is combined with a legislative action (e.g., rezoning), the Planning Commission recommendation is advisory and the City Council becomes the decision maker. Applications are submitted and processed under Section 17.800.010.
• Minor variances (administrative). The Zoning Administrator may approve, without a public hearing, minor variances up to: a 10% reduction of required front/rear yards in residential zones; a 10% reduction of any required yards in nonresidential zones; a 10% reduction of the total required side yard in residential zones; and a 10% increase to maximum height. Minor variances must still meet the variance findings in Section 17.860.005; however, for minor variances only, an error in design or misplacement may qualify as hardship if conforming would cause major financial hardship in the Administrator’s opinion.
• Expiration and extensions. Unless a different date is specified, a variance expires one year after its effective date unless construction (or the approved activity) has begun; the Planning Commission may grant extensions if requested before expiration.
• Appeals. Actions of the Planning Commission or Zoning Administrator may be appealed under Chapter 17.880.
• Off-street parking note. The state “parking variance” statute does not apply in Brentwood; similar relief is provided directly in the city’s off-street [parking] chapter (Section 17.620.019).

Variance pathway at a glance

Exceptions, waivers, and special chapters (not variances)

Several Brentwood zoning chapters contain their own exception or waiver tools. These are distinct from Chapter 17.860 variances and are applied narrowly within the adopting chapter.

• Wireless facilities. For personal wireless service facilities, the Planning Commission may grant a limited, one-time exemption from strict compliance where the applicant proves an effective prohibition would otherwise occur; all other relaxation requests in that chapter follow the Chapter 17.860 variance procedure.
• Inclusionary/affordable housing chapter. The Planning Commission may approve limited design/distribution exceptions to reduce affordable-unit costs through the [design review] process; larger constitutional “takings” waivers of the requirement itself are considered by the City Council.
• State Density Bonus Law chapter. A developer may obtain a density bonus, incentives, parking reductions, or waivers consistent with state law; if a waiver or parking reduction is granted, the city requires an affordable housing agreement that runs with the land. This is a separate statutory pathway, not a Chapter 17.860 variance.

These chapters interact with broader [zoning] standards and [development standards], and may also involve [land use] consistency and project-level [design review]. Use the city’s parking tools in Chapter 17.620 for parking adjustments, not a variance.

District-by-district: where variances and exceptions most often come up

Below are Brentwood districts where the retrieved code explicitly provides local standards and, in some cases, built-in exceptions. For base zones not shown here, apply the citywide variance rules in Chapter 17.860 and the base-district standards in Title 17. Not found in retrieved materials where a base district’s specific dimensional standards were required.

PD-65 (Planned Development 65)

• Purpose and where it applies. Intended to provide a neighborhood with a mix of single-family homes across multiple subareas; boundaries are shown in Section 17.515.011.
• Typical permitted uses. Single-family dwellings and related neighborhood uses by subarea (see PD-65 chapter).
• Key dimensional standards. In subareas B and D, maximum heights are generally one story not exceeding 24 ft and two stories not exceeding 40 ft; structures greater than two stories or 40 ft may be permitted subject to a variance.
• Exceptions within the PD. The Community Development Department may permit limited exceptions to this chapter and Title 17 if the deviation is insignificant (e.g., one pylon/monument sign by Highway 4; tower elements at heights up to the subarea’s maximum; density in subarea C up to 40 du/acre and four stories). These are chapter-specific exceptions, separate from a variance.

PD-22 (Planned Development 22)

• Purpose and where it applies. Regulates development of a special planning area identified in the General Plan; chapter includes multiple “Areas.”
• Typical permitted uses. Area C allows agriculture and public service uses by right, with similar compatible uses possible by conditional use permit.
• Key dimensional standards. Area B includes a maximum building height of 50 ft and requires shared or chapter-compliant [parking]; Area B projects also require [design review].
• Exceptions within the PD. The Community Development Department may approve exceptions to this chapter and Title 17 where the deviation is insignificant; exceptions to engineering standards are also recognized.

PD-66 (Planned Development 66)

• Purpose and where it applies. 123.04 acres on the south side of the Grant Street extension, east of the Union Pacific railroad, on both sides of the O’Hara Avenue extension; very low and low-density residential.
• Typical permitted uses. Uses permitted in the R-1 zone plus parks and recreational trails; conditional uses follow the R-1 conditional permit list.
• Key dimensional standards. Minimum lot size 8,000 sf (with specified larger exceptions for listed lots), minimum front yard 20 ft to front-loading garages (15 ft to side-loading garages/walls), minimum side yard 7 ft with 20 ft aggregate, minimum rear yard 20 ft, maximum height 30 ft or two stories. Architectural features may encroach per Chapter 17.660. Variances may be sought under Chapter 17.860 where warranted.

PD-9 (Planned Development 9)

• Purpose and where it applies. Single-family neighborhood with minimum 13,000 sf lots; boundaries are in Section 17.459.006.
• Typical permitted uses. Uses permitted in the R-1-E single-family residential estate district, with parks/playgrounds added as permitted uses.
• Key dimensional standards. Front yard 20 ft; side yard 10 ft (sum 25 ft); rear yard 30 ft; maximum building height two stories/35 ft for main buildings and one story/15 ft for accessory. Curb/cul-de-sac frontage exceptions are specified; corner lots maintain a minimum 15 ft street side yard. Variances follow Chapter 17.860.

PD-1 (Planned Development 1 — Peterson Ranch Specific Plan area)

• Purpose and where it applies. Implements portions of Specific Plan Area Two (Peterson Ranch).
• Typical permitted uses. Detached and attached single-family homes, accessory facilities per Chapter 17.660, temporary uses per Chapter 17.850, and home occupations per Chapter 17.840.
• Key dimensional standards. Not found in retrieved materials. Variances, if needed, follow Chapter 17.860. Not found in retrieved materials.

How this interacts with related Brentwood processes

• If your project also requires [design review], that review runs in parallel and may inform whether the variance findings can be made.
• For parking flexibility, use the [parking] chapter rather than a variance.
• If your site sits in a special or planned area, confirm whether that district’s chapter has its own exception tool before filing a citywide variance. See PD-65 and PD-22 above.
• Nonconforming situations rely on [nonconforming uses] rules; a variance is not a substitute for legal nonconforming status.

Checklist

• Confirm the underlying zone/PD chapter and whether a chapter-specific “exception” exists that better fits than a citywide variance.
• Prepare a variance application under Section 17.800.010 with plans and a findings worksheet keyed to Section 17.860.005.
• If within wireless facilities regulations, consider the limited “effective prohibition” exemption pathway first.
• For parking relief, use the parking chapter tools—not a variance.
• If seeking a minor deviation (≤10% yard/height per thresholds), confirm eligibility for a Zoning Administrator minor variance.
• If linked to a rezoning, GPA, or development agreement, plan for City Council as the decision-maker (Planning Commission advisory).
• Calendar the 1‑year expiration and apply for extension before expiry if needed.
• Consider any [overlay districts] or [historic preservation] requirements that could affect findings or conditions. Verify with the jurisdiction.

Risks & Ambiguities

Plain-English Summary

Brentwood lets you request relief from zoning standards through a variance when your lot has unique constraints, but you must prove the specific findings in the code. Small yard or height tweaks (10% or less) can go to the Zoning Administrator; bigger or unusual requests go to the Planning Commission. Some districts—especially planned developments—offer their own limited “exceptions” for minor, chapter-specific deviations. For parking, use the parking chapter tools rather than a variance, and remember a variance can’t make an otherwise prohibited use legal.

Source References

• Chapter 17.860 Variance: title, applicability, procedure references, findings, combined actions, expiration, minor variances, and appeals references.
• Section 17.800.010 (Application processing referenced in Chapter 17.860).
• Section 17.620.019 and note on inapplicability of state parking-variance procedure (Gov. Code §65906.5).
• Wireless facilities chapter: limited exemption and cross-reference to Chapter 17.860 variances.
• PD-65 (Chapter 17.515): purposes, subareas, exceptions, and variance-height notes.
• PD-22 (Chapter 17.472): purposes, Area B/C standards, design review, exceptions.
• PD-66 (Chapter 17.516): location, permitted uses, dimensional standards.
• PD-9 (Chapter 17.459): permitted uses, dimensional standards, exceptions.
• PD-1 (Chapter 17.451): purposes, permitted residential uses and related permits.
• Inclusionary/affordable housing chapter: design/distribution exceptions via planning commission and constitutional waivers via city council.
• State Density Bonus Law chapter: agreements when granting density bonuses/incentives/waivers/parking reductions.

Retrieved passages

• Brentwood Zoning Code (chapter would) High relevance show source text
• Brentwood Zoning Code (Section 17.100.003) High relevance show source text
• Brentwood Zoning Code (Section 17.860.005) Medium relevance show source text
• Brentwood Zoning Code (§ 2) Medium relevance show source text
• Brentwood Zoning Code (Section 17.860.005.) Medium relevance show source text
• Brentwood Zoning Code (Section 50052.5) Medium relevance show source text
• Brentwood Zoning Code Medium relevance show source text
• Brentwood Zoning Code (chapter and) Medium relevance show source text

Cited sections

• Chapter 17.860 Variance: title, applicability, procedure references, findings, combined actions, expiration, minor variances, and appeals references. (Chapter 17.860)
• Section 17.800.010 (Application processing referenced in Chapter 17.860). (Section 17.800.010)
• Section 17.620.019 and note on inapplicability of state parking-variance procedure (Gov. Code §65906.5). (Section 17.620.019)
• Wireless facilities chapter: limited exemption and cross-reference to Chapter 17.860 variances. (Chapter 17.860)
• PD-65 (Chapter 17.515): purposes, subareas, exceptions, and variance-height notes. (Chapter 17.515)
• PD-22 (Chapter 17.472): purposes, Area B/C standards, design review, exceptions. (Chapter 17.472)
• PD-66 (Chapter 17.516): location, permitted uses, dimensional standards. (Chapter 17.516)
• PD-9 (Chapter 17.459): permitted uses, dimensional standards, exceptions. (Chapter 17.459)
• PD-1 (Chapter 17.451): purposes, permitted residential uses and related permits. (Chapter 17.451)
• Inclusionary/affordable housing chapter: design/distribution exceptions via planning commission and constitutional waivers via city council.
• State Density Bonus Law chapter: agreements when granting density bonuses/incentives/waivers/parking reductions.
• Brentwood_ZoningCode.md

• Official Brentwood code library