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 CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: November 26, 2002

Subject/Title: Consideration of an Ordinance amending Chapter 17.620 (Off-Street Parking) of the Brentwood Municipal Code to change parking requirements for eating and drinking places

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager


RECOMMENDATION 
The Planning Commission and staff recommend that the City Council introduce and waive first reading of an Ordinance to amend the Off-Street Parking provisions for eating and drinking places of the Municipal Code.

PREVIOUS ACTION
On September 24, 2002, the City Council adopted Ordinance No. 721 establishing parking standards for eating and drinking places in Planned Development (PD) 3 (the new Safeway Center), of 1 parking space per 100 square feet of gross floor area for restaurants, and 1 space per 200 square feet of gross floor area for small quick serve restaurants with up to 20 seats. 

BACKGROUND
The Municipal Code in Chapter 17.620 contains provisions for the regulation of off-street parking related to eating and drinking places. The General Plan contains goals to encourage and facilitate economic development, and provide convenient services to residents and businesses. A distribution of eating and drinking places throughout the nonresidential zones of the City can provide flexibility for residents and businesses. 

The current parking provisions for eating and drinking places in Zoning Code Section 17.620.012.J. are outdated, difficult to administer and regulate, because they are based on the number of seats (which can be easily changed), rather than on gross floor area. The existing standard is also somewhat restrictive toward parking requirements for small quick-serve eating and drinking places, as it does not differentiate between traditional sit down, and quick serve restaurants. 

The use of gross floor area has become the modern standard rather than number of seats for restaurant parking requirements. Most other parking requirements in the Brentwood Municipal Code are based on floor area. Parking based on gross floor area is easiest for businesses and the City to calculate, administer and regulate. A standard of 1 parking space per 100 square feet of gross floor area is comparable to the current sit down restaurant standard of 1 space for each 3 seats. The standard of 1 parking space per 100 square feet of gross floor area is a common benchmark among cities in California. 

The changing nature of the eating and drinking industry (including small quick-serve café’s, coffee shop’s, fast food, deli’s, and juice bars with up to 20 seats), where many eating and drinking services are no longer offered solely in traditional full-serve, sit down restaurants, has also made it less clear what a “restaurant” really is. Quick serve small eating and drinking places with up to 20 seats tend to have quicker turn-over, and therefore require less parking than traditional full-serve sit down restaurants. It would be more customer friendly, and would simplify matters for the business community, City Council, Planning Commission and staff, to have a more easily calculated and administered approach on parking for eating and drinking places in our commercial zones.

The City Council and Planning Commission have recently studied and deliberated the issue of parking for eating and drinking places, and have established policy in Chapter 17.453, PD-3 Zone, via City Council adoption of Ordinance No. 721 on September 24, 2002. Ordinance No. 721 provides that off-street parking for restaurants shall be 1 space per 100 square feet of gross floor area, and that parking for small quick-serve convenience eating and drinking places with up to 20 seats shall be 1 space per 200 square feet of gross floor area, which is the same requirement as standard retail sales land uses.

On October 22, 2002, the Planning Commission held a public hearing and recommended that the City Council adopt this Ordinance. Based on the recent City Council and Planning Commission policy actions, I have prepared the attached Ordinance that amends the Municipal Code. It is recommended that the Council adopt this Ordinance. 

FISCAL IMPACT
Modernization and clarification of the Code could help restaurants and quick serves to better understand and plan for our parking standards. This may result in some positive fiscal impacts to the City, as restaurants and quick serves generate retail sales tax.


Attachment:
Ordinance























ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTER 17.620 (OFF-STREET PARKING) OF THE BRENTWOOD MUNICIPAL CODE RELATED TO EATING AND DRINKING PLACES.

WHEREAS, the Municipal Code in Chapter 17.620 contains provisions for the regulation of off-street parking related to eating and drinking places; and 

WHEREAS, it is the City's goal to encourage and facilitate economic development, and provide convenient services to residents and businesses; and

WHEREAS, a distribution of eating and drinking places throughout the nonresidential zones of the City can provide flexibility for residents and businesses; and 

WHEREAS, the current Section 17.620.012.J. parking provisions are outdated, difficult to administer and regulate, and are also somewhat restrictive toward parking requirements for small quick-serve eating and drinking places; and 

WHEREAS, the use of gross floor area is a more commonly applied standard than number of seats for parking requirements, both in the Brentwood Municipal Code, and other cities codes; and

WHEREAS, parking based on gross floor area is easiest to calculate, administer and regulate; and

WHEREAS, a standard of 1 parking space per 100 square feet of gross floor area is comparable to the current standard of 1 space for each 3 seats; and 

WHEREAS, the standard of 1 parking space per 100 square feet of gross floor area is a common benchmark among other cities in California; and 

WHEREAS, the changing nature of the eating and drinking industry (including small quick-serve café’s, coffee shop’s, fast food, deli’s, and juice bars with up to 20 seats), where many eating and drinking services are no longer offered solely in traditional full-serve, sit down restaurants, has also made it less clear what a “restaurant” really is; and

WHEREAS, quick serve small eating and drinking places with up to 20 seats tend to have quicker turn-over, and therefore require less parking than traditional full-serve sit down restaurants; and

WHEREAS, it would be more customer friendly, and would simplify matters for the business community, City Council, Planning Commission and staff, to have a more easily calculated and administered approach on parking for eating and drinking places in our commercial zones; and



WHEREAS, the City Council and Planning Commission have recently studied and deliberated the issue of parking for eating and drinking places, and have established policy in Chapter 17.453, PD-3 (PLANNED DEVELOPMENT 3) ZONE, via City Council adoption of Ordinance No. 721 on September 24, 2002; and

WHEREAS, Ordinance No. 721 provides that off-street parking for restaurants shall be 1 space per 100 square feet of gross floor area, and that parking for small quick-serve convenience eating and drinking places with up to 20 seats shall be 1 space per 200 square feet of gross floor area, which is the same requirement as standard retail sales land uses; and

WHEREAS, on October 22, 2002, the Planning Commission held a public hearing on the proposed amendment and adopted a resolution recommending to the City Council that Chapter 17.620 of the Brentwood Municipal Code related to parking standards for eating and drinking places be amended; and 

WHEREAS, this action has been reviewed per the California Environmental Quality Act (CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Also, this project can be considered as Categorically Exempt from CEQA, per Section 15305, Minor Alterations in Land Use Limitations, in that this amendment is in areas with an average slope of less than 20%, which do not result in any change in land use or density. In addition, pursuant to Sections 15168(c) and 15162 of the CEQA Guidelines, the project is within the scope of development evaluated in the Brentwood General Plan Program EIR. No substantial changes have occurred to the circumstances under which that EIR was certified and no new information, which was not known and could not have been known at the time that the EIR was certified as complete, has become available relating to the environmental effects of this project. Therefore, the Program EIR for the General Plan is adequate for the approval relating to the project; and

WHEREAS, a Notice of Public Hearing was legally advertised in the Ledger Dispatch according to City policies and Government Code Section 65091; and

WHEREAS, the City Council held a public hearing on the proposed amendment on November 26, 2002, for the purpose of reviewing the code amendment and the Planning Commission and staff recommendations; and

WHEREAS, after 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 recommendations, and all other pertinent documents and associated actions regarding the proposed ordinance amendment; and 

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

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 achieve General Plan Goals and Policies, and help support economic development and provide convenient services to residents and businesses.

NOW, THEREFORE, the City Council of the City of Brentwood hereby amends the Brentwood Municipal Code as follows:

(Deleted text stricken added text underlined)
Chapter 17.620
OFF-STREET PARKING
17.620.012 OFF-STREET PARKING SPACES REQUIRED, SPECIFIC USES:
J. Eating and Drinking Places:

1. Restaurants, Bars, and Nightclubs. One (1) space for each three (3) seats each one hundred (100) square feet of gross floor area, plus one (1) space for each fifty (50) square feet of floor area used for dancing or other assembly uses.

2. Carry-out Restaurant, Quick-Serve Restaurants with up to 20 seats, such as deli’s, café’s, juice bars, fast food, sandwich shops, bakeries, pastry shops, coffee shops, candy stores, ice cream parlors, and similar uses. One (1) space for each two hundred square feet of gross floor area.


THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 26th day of November 2002, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the ____ day of _________, 2002, by the following vote:






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