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CITY COUNCIL AGENDA ITEM NO. 2

Meeting Date: November 14, 2000

Subject/Title: Second reading of Ordinance No. 651, for Rezone 00-13, creating standards for Outdoor Dining and Merchandise Display uses in the public right of way in the Central Business Zone.

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager

RECOMMENDATION
Waive second reading and adopt Ordinance No. 651

PREVIOUS ACTION
On October 24, 2000, the City Council held a public hearing, introduced and waived first reading of Ordinance No. 651.

BACKGROUND
This action by Council will adopt the outdoor dining and merchandise display ordinance for the downtown which will help us implement important General Plan Goals and Policies related to improving economic development opportunities, and enhancing the vitality and ambience of our downtown.

ORDINANCE NO. 651


AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD FOR REZONE 00-13, CREATING ZONING ORDINANCE CHAPTER 17.900, STANDARDS FOR OUTDOOR DINING USES AND MERCHANDISE DISPLAYS IN THE CENTRAL BUSINESS DISTRICT ZONE PUBLIC RIGHT OF WAY, AND AMENDING CHAPTER 17.280, CENTRAL BUSINESS ZONE.


WHEREAS,
The General Plan provides direction for the enhancement of Downtown as an key to Brentwood’s economic well-being, as follows:

Policy 3.1 – Downtown Focus: Support Downtown as the community’s commercial, civic and cultural focus.

3.1.1 – High Activity uses: Retain and encourage high activity uses in the downtown area, including the Post Office, banks and other service uses. 

5.3.1 – Facilitate Business: Facilitate the expansion of existing businesses and the attraction of new businesses that will draw additional shoppers to the downtown; and;

WHEREAS, One of the most exciting ways to meet those General Plan Policies, and maintain and enhance the activity, vitality and ambience of a downtown is to encourage sidewalk dining activity. This facilitates the expansion of existing businesses, is a high activity, pedestrian oriented use and can draw additional shoppers. Cities such as Walnut Creek, Mountain View, Ventura, Mill Valley, Santa Barbara, Santa Cruz, and others allow outdoor dining, many in the public right of way, to successfully achieve such policies; and

WHEREAS, pursuant to Section 17.280.001 of the Zoning Ordinance, the purpose of the Central Business (CB) Zone is to provide a pedestrian oriented center for business, cultural, and recreational uses to serve the City and to promote, preserve, and protect the existing downtown business core of the City; and

WHEREAS, recently eating facilities Downtown have added outdoor dining in the public right of way, such as the Lindsey Liquor store, El Gallito and Café Bacio. Others, such as Caps, Grazie and Books and Beans, which have room off the public right of way, have had outdoor dining for some time; and

WHEREAS, outdoor merchandise displays are another means of stimulating pedestrian activity downtown, and several Downtown businesses have had such sidewalk displays for some time; and

WHEREAS, while these uses can be a real asset to Brentwood, there is the need for some reasonable regulation, and protection of adequate access, aesthetics, and for liability. This Zoning Ordinance text amendment attempts to create such provisions to foster these outdoor uses as an attractive amenity for our Downtown; and

WHEREAS, this amendment is found to be categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301, as allowing minor alterations and expansions of use; and 

WHEREAS, the Planning Commission conducted a duly noticed public hearing, considered public comment and passed Resolution 00-70 recommending approval of the proposed Rezone 00-13, at its meeting on October 3, 2000; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch on October 13, 2000, and mailed to all property owners in the Central Business Zone and within 300 feet of the zone, according to City policies and Government Code 65090; and

WHEREAS, the City Council of the City of Brentwood held a public hearing on the proposed rezone amendment on October 24, 2000, for the purpose of reviewing the amendment and the Planning Commission’s recommendation; and

WHEREAS, after the close of the public hearing, the City Council considered all public comments received both before and during the public hearing, the presentation by City staff, the staff report, the Planning Commission recommendation, and all other pertinent documents and associated actions regarding the proposed amendment; and

WHEREAS, a map of the boundaries of the subject CB Zone to be amended is outlined in Exhibit A which is attached hereto and made a part of this ordinance; and

WHEREAS, the City Council of the City of Brentwood makes the following finding per the Brentwood Municipal Code associated with this rezone amendment as follows:

This amendment is consistent with the General Plan and other applicable City plans, and is appropriate to the public interest, in that it will help implement several General Plan Policies and the purpose of the Central Business Zone as listed above, related to enhancing the vitality, pedestrian oriented activities, and ambience of the Downtown Central Business Zone.

NOW, THEREFORE, the City Council of the City of Brentwood ordains as follows:

Section 1. The Central Business Zone, Chapter 17.280, is hereby amended as follows (added text underlined, deleted text stricken):

17.280.002 PERMITTED USES:

A. General retail sales excluding uses with outdoor storage or display, general retail sales with outdoor merchandise display in the public right of way, subject to Section 17.900; outdoor dining in the public right of way for any existing dining establishment, subject to Section 17.900; professional office uses including medical and dental; veterinarian or pet store excluding kennels.

17.280.003 CONDITIONALLY PERMITTED USES

B. Dance hall; laboratory-medical, dental, optical; meeting room-lodge fraternal hall, community facility; hospital; restaurant or café, restaurant or café with outdoor dining in the public right of way, subject to Section 17.900; on or off sale liquor establishments; recreation services; retail sale of primarily used merchandise; conversion of residential structure to non-residential use; glass shops. 

C. Section 2. Chapter 17.900 is hereby added as follows:

CHAPTER 17.900
STANDARDS FOR OUTDOOR DINING USES AND MERCHANDISE DISPLAYS IN THE CENTRAL BUSINESS (CB) ZONE PUBLIC RIGHT OF WAY

17.900.001 Title and Purpose of Provisions. This Chapter establishes development and operational standards for the review of outdoor dining uses and merchandise displays in the public right of way in the Central Business (CB) Zone.

17.900.002 Outdoor Dining Uses in the Public Right of Way Defined. “Outdoor Dining Uses in the Public Right of Way” means any dining establishment which serves ready to eat food and beverages, which has dining area(s) in or on a public right of way.

17.900.003 Outdoor Merchandise Displays in the Public Right of Way Defined. “Outdoor Merchandise Displays in the Public Right of Way” means any retail commercial establishment which has abutting displays of merchandise offered for sale, which are in or on a public right of way. 

17.900.004 Applicability of Outdoor Dining Uses and Merchandise Displays in the Public Right of Way Use Standards. No person may establish an Outdoor Dining or Merchandise Display Use in the Public Right of Way unless first approved by the Community Development Director. The standards set forth in Section 17.900.005 shall apply to the operation, development, or use of any proposed or existing Outdoor Dining Use or Merchandise Display in the Public Right of Way, and to any expansion of, or change to, a proposed or existing Outdoor Dining Use or Merchandise Display in the Public Right of Way that is commenced in a Central Business Zone pursuant to the Community Development Director’s approval on or after the effective date of this Chapter.

17.900.005 Required Standards. No Outdoor Dining Use or Merchandise Display in the Public Right of Way may be approved unless all of the following development and operational standards are met:

A. No Outdoor Dining Use or Merchandise Display may be approved for a proposed use in a street or alley.

B. To provide for adequate pedestrian circulation, outdoor dining and merchandise uses in the public right of way shall maintain a minimum of four (4) feet of clearance between dining furnishings and any curbline, street furniture or above ground utilities. A minimum of fifteen (15) radial feet of clearance, shall be maintained between dining furnishings and merchandise displays and the center line of intersecting perpendicular driveways, alleys or streets to provide for adequate vehicle sight, unless a lesser distance is determined by the Director to be adequate for the protection of the public safety.

C. Outdoor dining and merchandise uses in the public right of way shall not be required to provide any additional parking spaces for their outdoor area.

D. Tables and chairs used for outdoor dining shall be of substantial materials. Tables shall be a maximum of three (3) feet in diameter if round and three feet along the longest side if rectilinear. All such furnishings shall be stored indoors after hours of operation.

E. In addition to whatever signage may be permitted for the Dining Establishment use by the Zoning Ordinance, and notwithstanding any provisions of the Zoning Ordinance to the contrary, one portable sign, such as a menu board/chalk board or “A” board sign shall be permitted, provided that said sign is attractively designed, maintains adequate pedestrian and vehicle sight clearance per Subsection B of this Section, does not block the visibility of display windows or signage of any adjacent business, is stored indoors after hours of operation, and is limited to no more than ten (10) square feet in area. Additional signage on umbrellas may also be permitted. The Director shall have Design Review authority for signs used in conjunction with outdoor dining uses and shall carry out such Design Review authority in conjunction with the overall review of the outdoor dining use.

F. No outdoor dining or merchandise use in the public right of way, including furnishings and signs, shall block visibility of display windows or signage of adjacent businesses, unless written consent of any affected adjacent businesses, unless written consent of any affected adjacent business owner to block visibility is obtained by the applicant and provided to the Director.

G. The outdoor dining or merchandise use operator shall maintain the outdoor dining or merchandise area in a clean and safe condition at all times, including properly disposing of all trash generated by the operation.

H. Approval of an outdoor dining or merchandise use in the public right of way shall be valid for an initial one (1) year period. Permittees may apply for an unlimited term permit renewal, unless the Director deems a limited term appropriate.

I. The outdoor dining or merchandise use operator shall provide an executed City hold harmless waiver and proof of liability insurance to the satisfaction of the City.

J. Applications for an outdoor dining or merchandise use in the public right of way shall be filed by the operator of the use, or by an agent, trustee or attorney for the operator.

Section 3.

A. This Ordinance shall be published in accordance with applicable law, by one or more of the following methods:

1. Posting the entire Ordinance in at least three (3) public places in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
2. Publishing the entire Ordinance at least once in the Ledger Dispatch, a newspaper of general circulation published in the County of Contra Costa and circulated in the City of Brentwood, within fifteen (15) days after its passage and adoption; or
3. Publishing a summary of the Ordinance prepared by the City Attorney in the Ledger Dispatch and posting a certified copy of the entire Ordinance in the Office of the City Clerk at least five (5) days prior to passage and adoption, along with the names of those City Council members voting for and against the Ordinance.

B. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.

Section 4. In accordance with Government Code Section 65863.5, upon the effective date of this Ordinance, a copy shall be delivered to the County Assessor.

THE FOREGOING ORDINANCE was introduced with first reading waived at a regular meeting of the Brentwood City Council on the 24th day of October, 2000, and adopted at a regular meeting of the Brentwood City Council the 14th day of November, 2000, by the following vote:

AYES:
NOES:
ABSENT:
ABSTAIN:

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