"Accessory dwelling unit or ADU"means an attached residential dwelling unit, a detached residential dwelling unit, or a conversion of space to a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a parcel with a proposed or existing primary dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
"Accessory use"means a use which is incidental to and customarily associated with a specified principal use, and which meets the applicable conditions set forth in the accessory use regulations of this title.
"Activity, land use, etc."means the actual or permitted residential, commercial, industrial or other use or uses of a property or any portion thereof.
"Agriculture"means farms, orchards, greenhouses, nurseries and similar facilities engaged in the production of crops or plants, vines and trees, bulbs and seeds and in animal husbandry. Agriculture includes facilities for the initial processing, packing and storage of agricultural products and roadside stands for the sale of produce grown in the Brentwood area.
"Alley"means a dedicated public way intended primarily to provide vehicular access to abutting properties.
"Alteration"means any enlargement, addition, relocation, repair, remodeling, change in number of dwelling units or rooming units, development of or change in an open area, development of or change in a sign by painting or otherwise, or other change in a facility, but excluding painting, except as provided above for signs, and excluding ordinary maintenance for which no building permit is required, and demolition or removal.
"Alternative fuel station"means any establishment that dispenses alternative fuel as defined by the Energy Policy Act of 2005, including methanol, denatured ethanol, and other alcohols; mixtures containing eighty-five percent or more by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal-derived liquid fuels; non-alcohol fuels (such as biodiesel) derived from biological material; and electricity.
"Amusement park"means any business established including such uses as, but not limited to, rides, games, shows, circuses, carnivals and similar uses involving outdoor as well as enclosed entertainment or entertainment devices.
"Arbor or trellis"means a garden feature typically constructed of wood, metal or other material with sides and a roof, usually through the use of latticework, and covered with vines or plants.
"Bicycle path"means a path, trail, route, way or lane designated for use by bicycles and other non-motorized vehicles. Public paths shall include only those for which rights-of-way are dedicated or deeded to and accepted by the city.
"Bridge housing"means any new or existing facilities, including, but not limited to, housing in temporary structures, emergency sleeping cabins consistent with the requirements of subdivision (h) of Section 8698.3 of the California
Government Code that are reserved for homeless persons and families, together with community support facilities, including, but not limited to, showers and bathrooms adequate to serve the anticipated number of residents all of which may be located on property leased or owned by a political subdivision. An emergency bridge housing community shall include supportive and self-sufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons.
"Building"means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
"Building, accessory"means any building which is detached from the principal building on the property, is intended for the conduct of uses secondary to the principal use of the property and is generally smaller than the principal building on the property as defined in this section.
1. Enclosed accessory buildingmeans all accessory buildings that include one or more walls that are enclosed for more than twenty-five percent of the wall area, measured from floor to ceiling. Typical enclosed accessory buildings include garages, greenhouses, sheds, accessory buildings, pool houses and other similar buildings.
2. Open accessory buildingmeans accessory buildings that maintain openings on all sides that are open not less than seventy-five percent of the wall area of each wall, measured from the floor to the ceiling. The open sides must not be covered with any permanent materials that obstruct the free passage of light and air. Typical open accessory buildings include patio covers and gazebos.
"City"means the city of Brentwood and any one or more public officials, bodies, commissions or agencies of the city having jurisdiction over the particular matter referred to.
"Community care facilities"means any facility, place or building licensed by the state of California, and defined in accordance with regulations enacted with Title 22, Division 6 of the California Administration Code and the California
Health and Safety Code which is maintained and operated to provide nonmedical residential care, day care or homefinding agency services for children, adults, or children and adults, including, but not limited to, the developmentally disabled, physically handicapped, mentally disordered, or incompetent persons, and includes any residential facility, day facility and homefinding agency. Community care facilities are further defined below.
1. Residential facilitymeans any family home, group home, social rehabilitation facility or similar facility, for twenty-four-hour nonmedical care to persons in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual. A residential facility includes:
a. Small family home—childrenmeans the residence of the licensee in which care and supervision are provided for not more than six children, exclusive of members of the licensee's family or the residential facility's staff. A residence fitting the category of "small family home—children" is considered a residential use of the property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
b. Small family home—adultsmeans a residence in which care and supervision are provided for not more than six adults, exclusive of members of the property owner or licensee's family or the residential facility's staff. A residence fitting the category of "small family home—adults" is considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
c. Large family home—childrenmeans the residence of the licensee which is licensed to provide care and supervision for seven through twelve children, exclusive of members of the licensee's family or the residential facility's staff.
d. Large family home—adultsmeans a residence which is licensed to provide care and supervision for seven through fifteen adults, exclusive of the property owner or members of licensee's family or the residential facility's staff.
e. Group home—childrenmeans a residential home of any capacity that provides services in a group setting to children who need care and supervision.
f. Group home—adultsmeans a residential home of any capacity that provides services in a group setting to adults who need or desire care and supervision.
g. Social rehabilitation center—smallmeans a facility that provides services in a group setting for not more than six persons to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
h. Social rehabilitation center—largemeans a facility that provides services in a group setting for seven or more persons to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
2. Adult day facilitymeans any family day home, day care center, social rehabilitation center or similar facility determined by the state, which provides on less than a twenty-four-hour basis, nonmedical care to adults in need of personal services, protection, supervision, assistance, guidance or training essential for sustaining the activities of daily living or for the protection of the individual. A day facility includes:
a. Small family day home—adultsmeans the family residence of the licensee in which care and supervision are provided for not more than six adults during a portion of the day, exclusive of members of the licensee's family.
b. Large family day home—adultsmeans the family residence of the licensee which is licensed to provide care and supervision during a portion of the day for seven through fifteen adults, exclusive of members of the licensee's family.
c. Day care center—adultsmeans a facility of any capacity that provides care and other services in a group setting to adults during a portion of the day.
d. Social rehabilitation center—smallmeans a facility that provides services in a group setting for not more than six persons during a portion of the day to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
e. Social rehabilitation center—largemeans a facility that provides services in a group setting for seven or more persons during a portion of the day to adults who currently or potentially are capable of meeting their life support needs independently, but who temporarily need assistance, guidance or counseling.
3. Child day facilitymeans any family day home, day care center, or similar facility, which provides care, protection and supervision to a child or children for periods of less than twenty-four hours per day, while the parents or guardians are away.
a. Family day care—smallmeans a facility regularly providing care, protection and supervision to a child or a maximum of six children including the licensee's own children under age twelve in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.
b. Family day care—largemeans a facility regularly providing care, protection and supervision for seven to twelve children (including licensee's and assistant care giver's own children under age twelve), in the care giver's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away.
c. Day care center—childrenmeans a facility of any capacity that provides care and other services in a group setting during a portion of the day for children and licensed as such by the state of California.
4. Homefinding agencymeans any individual or organization engaged in finding homes or other facilities for placement of persons of any age for temporary or permanent care, or adoption and includes provision of continuing social services to such persons.
5. Small residential care facilityas utilized within the city of Brentwood zoning ordinance includes any small family home—adults, social rehabilitation center—small, small family day home—adults or family day care—small.
6. Large residential care facilityas utilized within the city of Brentwood zoning ordinance includes any large family home—adults, group home—children, group home—adults, social rehabilitation center—large, day care center—adults or day care center—children.
Condominium.A "condominium" is defined, in accordance with
Civil Code Section 783, to be an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of such real property.
Condominium Conversion, Residential.A "condominium conversion" means the conversion or subdivision of a single ownership parcel of existing improved residential real property typically containing five or more units, or of an existing mobile home park, into a form of ownership for residential purposes involving the right of exclusive occupancy or separate ownership of individual units or mobile home spaces, including, but not limited to, condominiums, community apartments, stock cooperatives or townhouses.
"Corner lot"means a lot bounded on two or more adjacent sides by public rights-of-way or private ways, or by portions thereof, having an angle of intersection of one hundred thirty-five degrees or less.
"Court"means an area enclosed by three or more walls on the same lot, which area is open to the sky and unobstructed except for the facilities allowed therein by the yard regulations of this title.
"Dwelling"means any building or portion thereof or a mobilehome or trailer designed for and/or used exclusively as the residence of one or more families as defined in this section.
1. Dwelling, single-familymeans a detached building designed for and/or used exclusively for residence purposes by one family.
2. Dwelling, single-family attachedmeans a building designed for and/or used exclusively for residence purposes by one family and joined structurally along a common wall and property line to another like dwelling unit.
3. Dwelling, multiplemeans a building or portion thereof designed for and/or used exclusively for residence purposes by two or more families living independently of one another to include the terms duplex, triplex and apartment.
4. Dwelling groupmeans a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common.
5. Dwelling unitmeans any building or portion of a building or a mobile home or trailer having one or more rooms and only one kitchen or kitchenette and designed and/or used for occupancy by one family.
"Earthen berm"means a mound or embankment of earth, together with necessary retaining structures.
"Emergency shelter"means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
1. The definition of "emergency shelter" shall include low-barrier navigation centers, bridge housing, and respite or recuperative care.
"Employee housing"means any portions of any housing accommodations for employees, including agricultural employee housing (as defined in Section 17008 of the California
Health and Safety Code Section, as may be amended) which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act.
"Entitlement"means any variance, permit, rezoning, building permit or other city approval granted under the municipal code of the city of Brentwood.
"Facility, development, construction"means any man-made buildings or structures or other features existing or proposed to be placed on a property or any portion thereof to include grading, landscaping and surfacing of any kind.
"Family"means a group of persons, whether related or unrelated, who live together in a nontransient and interactive manner, including the joint use of and responsibility for common areas, sharing household activities and responsibilities such as meals, chores, household maintenance, and expenses. Notwithstanding the foregoing, any group of persons required to be considered as a "family" for zoning purposes pursuant to California
Health and Safety Code Sections 1267.8, 1566.3, 1568.0831, 1569.85, 11834.23, or any other state law shall be deemed to be a family for purposes of this code.
"Financial institution"means banks, savings and loans, and similar businesses which offer a wide range of services including the deposit and withdrawal of money, loans, and other financial transactions. Check cashing services, pawnshops, automatic teller machines and other similar uses which conduct limited types of financial transactions are not defined as financial institutions.
"Finished grade"means the finished surface of the ground after grading for development.
"Floor area"means the total of the gross horizontal areas of all floors, including usable basements and cellars, below the roof and within the outer surfaces of the main walls of principal or accessory buildings, or the centerlines of party walls separating such buildings or portions thereof, or within lines drawn parallel to and two feet within the roof line of any building or portion thereof without walls. Floor area excludes the following:
1. Areas used for off-street parking spaces or loading areas, accessways and maneuvering aisles related thereto.
2. Areas which qualify as usable open space under the usable open space standards of this title.
3. In the case of nonresidential facilities: arcades, porticoes and similar open areas which are located at or near street level, which are accessible to the general public and which are not designed or used as sales, display, storage, services or production areas.
"Frontage"means a front lot line, also the length thereof abutting a street.
"Front lot line"means on an interior lot, any abutting street line; on a corner lot, the shorter of any adjacent two abutting street lines, or portions thereof, which intersect at an angle of not less than forty-five degrees but not more than one hundred thirty-five degrees. However, if such street lines, or portions thereof, are equal in length, the owner or developer of the lot may select either as the front lot line. If adjacent street lines, or portions thereof, of a corner lot intersect at an angle of less than forty-five degrees, both such street lines or portions thereof shall be deemed front lot lines.
"Health studios"means any businesses including, but not limited to, gymnasiums, health clubs, spas or salons, tanning salons, athletic clubs, weightlifting centers, racquetball, tennis, swim or similar sports or athletic clubs, which are established for the purpose of providing exercising programs, sport activity programs and similar programs typically associated with such businesses.
"Hotel"means an establishment providing lodging accommodations for a fee for transient guests, for stays fewer than thirty days, with access to rooms or units primarily from interior lobbies, courts or halls.
"Interim uses"means the use of property with a nonpermanent facility for a period of time greater than twelve months and less than thirty-six months. Such interim uses include, but are not limited to, storage yard, subdivision signs, office and subdivision signs, temporary or portable offices and similar uses.
"Junior accessory dwelling unit or JADU"means a residential unit that is no more than five hundred square feet in size and contained entirely within any portion of an existing or proposed single-family dwelling including an attached garage. It includes its own separate provisions for living, sleeping, cooking, and eating, and may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling.
"Kitchen/kitchenette"means any room or portion thereof containing facilities designed or used for the preparation of food, including, but not limited to, stoves, ranges or hotplates.
"Liquor sales"means any business required to obtain an alcoholic beverage license from the California State Department of Alcoholic Beverage Control for the purpose of selling alcoholic beverages for consumption either on the site of sale or off site.
"Lot"means a parcel of contiguous land which is or may be developed or utilized, under one ownership, as a unit site for a use or group of uses.
"Lot area"means the area of a lot measured horizontally between bounding lot lines.
"Low-barrier navigation center"means a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing or as amended by
Government Code Section 65660. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
3. The storage of possessions.
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
"Manufactured homes, mobile homes or modular homes"means single-family housing units, which are commonly referred to as mobile homes, manufactured homes or modular homes, and which are certified under the National Mobilehome Construction and Safety Standards Act of 1974, and which are to be placed on a foundation system, pursuant to Section 18551 of the
Health and Safety Code or constructed in accordance with the appropriate Uniform Building Code, Plumbing Code, Electrical Code, etc., that has been adopted and is in effect within the city of Brentwood.
"Motel"means a building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, for stays of fewer than thirty days, with access to rooms or units through an exterior door. Motels are distinguished from hotels primarily in that the former provide direct independent access to, and adjoining parking for, each room or unit, and do not provide twenty-four-hour guest services.
"Pedestrian walkway"means a path, trail route, way or lane designated for pedestrian traffic only and not intended for use as a way for motor-driven vehicles. Public walkways shall include only those for which rights-of-way are dedicated to and accepted by the city.
"Portable shed"means a premanufactured garden shed that is less than one hundred twenty square feet and does not exceed seven feet in height, constructed with plastic or metal, is not attached to a foundation or constructed with posts in the ground, and can be easily moved.
"Principal use"means the activity which fulfills a primary function of an establishment, institution, house-hold or other entity, and the main buildings or other facilities which are designed for or occupied by such activity.
"Public dancing"means any dance with either live or mechanically provided music, held on a regular basis. Public dance shall not include dances sponsored by charitable nonprofit organizations wherein any profits realized are intended for a charitable cause.
"Razor or concertina wire"is sharp fencing material designed to lacerate animals or unauthorized persons attempting to climb or cross the fence through other than a gate.
"Rear lot line"means the lot line or lines approximately opposite the front lot line.
"Respite/recuperative care"means a facility that provides post hospitalization health care services, behavioral health services and other transitional and supportive social services to homeless patients discharged from an acute care hospital.
"Restaurant"means an establishment, including, but not limited to, full service sit down or fast food restaurants, cafés, delis, sandwich shops, coffee shops, juice bars, taverns or bars, where food and/or drink are commonly ordered, prepared, served and eaten within the restaurant building, and which may also include some portion of outdoor seating areas, and/or off premises consumption.
"Restaurant—Carry out"means an establishment which by design or physical layout, or by service or packaging procedures permits the purchase of prepared foods and/or drinks intended to be consumed off the premises; and where the consumption of food and/or drinks on the premises, whether or not in a motor vehicle, is not permitted. This use type is considered as "general retail sales" in terms of parking required per Section 17.620.012(J)(2) of the municipal code, and therefore is a permitted use in those zones allowing retail sales.
"Side lot line"means any lot line which is not a front lot line or a rear lot line.
Sign.See Section
17.640.004 for definition of word and related words and phrases.
"Single-room occupancy units (SRO)"means housing composed of individual efficiency dwelling units, where each unit has a minimum floor area of one hundred fifty square feet and a maximum size of five hundred square feet. SRO units do not require an individual kitchen or bathroom. Any unit not developed with an individual kitchen or bathroom must have access to common areas containing kitchen and bathroom facilities. SROs are not linked to any on-site or off-site services, including, but not limited to, life skills counseling, childcare, or job training.
"Storage"means the placement of material objects on a site for any period in excess of seven consecutive days.
"Story"means a portion of a building between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling next above it; provided, that the following shall not be deemed a story:
1. A basement or cellar if the finished floor level directly above it is not more than six feet above the average adjoining elevation of the finished grade;
2. An attic or similar space under a gable, hip or gambrel roof.
"Street"means a dedicated public way intended to provide for through traffic and primary vehicle access to abutting properties.
"Street line"means a lot line dividing a lot from an abutting street.
"Structure"means that which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner. For purposes of this title "structure" shall not include a "building."
"Structure, accessory"means any structure which is intended for the conduct of uses secondary to the principal use of the property or intended for ornamental purposes to include, but not be limited to, concrete works, walls, fences, minor shelters, machinery, garden features, pools and works of a similar nature.
"Sun/shade sailis a device to create outdoor shade, typically premanufactured and sold at garden or big box stores. The material is usually a triangular/sail shape, flexible membrane tensioned between several anchor points, attached to support posts.
"Supportive housing"means housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone.
"Target population"means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the
Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
"Tattoo parlor"means any establishment that places an indelible mark or figure upon the body by insertion of pigment on or under the skin or by the production of scars.
"Transitional housing and transitional housing development"mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Transitional housing is considered a residential use and is subject only to the restrictions and standards that apply to other residential dwellings of the same type (e.g., single-family residence(s) or multifamily development) in the same zone.
"Yard or setback"means an open area between a wall or other facility and the nearest lot line and measured perpendicular from the line, on a horizontal plane, to the wall of the facility.
"Yard, front"means a yard measured perpendicular into a lot from its front lot line or lines, and extending the full width of the lot between its side lot lines.
"Yard, rear"means a yard measured perpendicularly into a lot from its rear lot line or lines and extending the full width of the lot between its side lot lines.
"Yard, required"means that portion of a yard that meets or is required to meet the minimum dimensions for such a yard in the zone in which it is located. In the case of a lot where there is no rear lot line from which a required minimum rear yard depth may be measured there shall be provided, exclusive of any front yard or side yard adjacent to a street, an area having the area and dimensions equivalent to that required for a rear yard on a rectangular lot of the same area and in the same zone.
"Yard, side"means a yard measured perpendicularly into a lot from one or more of its side lot lines, and extending between the required front yard and rear yard, or the front or rear lot lines in cases where no front yard or rear yard is required.
(
Ord. 408, 1987;
Ord. 468 §§ 2, 3, 1990;
Ord. 560 § 4, 1995;
Ord. 736, 2003;
Ord. 859 § B, 2008;
Ord. 943 § 6, 2015;
Ord. 991 § 3, 2017;
Ord. 1013 § 2, 2020;
Ord. 1021 § 3, 2021;
Ord. 1054 § 4, 2023;
Ord. 1078, 12/10/2024;
Ord. 1083, 2/25/2025;
Ord. 1084, 3/11/2025)