Brentwood City Council remodels municipal code for any new housing

The state law in question, Senate Bill 897, took effect on Jan. 1 of this year. Compliance with the new law is critical, Branham said, because failure to adjust local ordinances to comply with state legislature will void the local ordinance, leaving the more lax state law as the sole one in place.

Changes to the ordinance regarding accessory dwellings include:

• Units within half a mile of a major transit stop can now be 18 feet high, or up to 20 feet if necessary to match the roof pitch of the primary dwelling. The current ordinance capped units at a height of 16 feet. Clarifying comments from Councilmember Jovita Mendoza established that Brentwood does not have a major transit stop.
• Attached units may be up to 25 feet high unless the zoning stipulates a shorter height.
• Front setbacks, an area where the city could apply its own underlying zoning, now has to stand down if it would preclude an applicant from constructing an 800 square feet or smaller accessory dwelling unit.
• The city is required to justify a denial of an application for construction of a unit with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them.
• Historic building standards were deemed by the state to not be objective enough to apply to accessory dwelling units and will no longer be codified in city ordinances as something that can guide staff to approve or disapprove an application.

Following Branham’s presentation, residents expressed their displeasure with what they deemed to be micromanagement from the state Legislature.

“This is just a step toward, ultimately, we lose control anyway,” Danny Dohrman said while other residents suggested that the code surrounding accessory dwelling units was written in such a way that it was not easily understandable to the average person.

Council members seemed to agree with both points.

“I think everyone knows how I feel about our laws that we have to do,” Mendoza said. “This bites, but there’s no way around it.”

Councilmember Tony Oerlermans agreed: “We’re kind of stuck between a rock and a hard place,” echoing comments that the language was difficult to understand.

Councilmember Pa’tanisha Pierson, also an attorney, suggested some language changes to simplify the document before making a motion that council adopt and approve the amended ordinance. The vote passed 4-1 with Mendoza in dissent.

The topic had previously passed through the Planning Commission without a recommendation to council following a 2-2 vote in which the commission expressed their own disapproval with the process.

Other topics discussed during the four-hour meeting included the proclamation that 2023 will celebrate the 75th anniversary of the city’s incorporation and a postponement to Jan. 24 for a discussion regarding an application for potential housing on two parcels of land in the city.

The full council meeting can be watched online at https://bit.ly/3CCYIUM