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 CITY COUNCIL AGENDA ITEM NO. 15

Meeting Date: January 14, 2003

Subject/Title: Consideration of an Ordinance amending Title 17 of the Brentwood Municipal Code relating to eating and drinking places

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager


RECOMMENDATION 
The Economic Development Committee recommends that the City Council introduce and waive first reading of an Ordinance to amend the Off-Street Parking, and definition provisions for eating and drinking places of the Municipal Code.

PREVIOUS ACTION
• December 19, 2002 – The Economic Development Committee directed staff to return to Council with this Ordinance Amendment to require 1 parking space per 100 square feet (sf) of gross floor area (gfa) for restaurants, to continue to consider “carry out” restaurants as general retail uses with parking at 1 space per 200 sf of gfa, to continue to require a conditional use permits for restaurants, except carry outs, and to create definitions for restaurants.
• November 26, 2002 - the City Council continued this item to January 14, 2003, for further analysis. 
• 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 sf of gfa 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. Chapter 17.030 (Definitions) lacks any definitions for 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 existing Brentwood Code contains the following parking requirements for restaurants:

Eating and Drinking Places:

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

2. Carry-out Restaurant. One (1) space for each two hundred square feet of gross floor area.

The problem with item 1 - parking based on seats, is that the number of seats is subject to change at any time, and is essentially unenforceable. Developer’s at an early stage of inquiry who don’t yet know how many seats they will have find it hard to figure their parking needs. 

The solution being recommended by the Economic Development Committee is much easier to understand for developers, the City Council, Planning Commission and staff, is to go to parking based on gross floor area, like most of the other parking requirements in our Code.

We have analyzed the recent Denny’s restaurant approved on Brentwood Blvd. to compare parking at 1 space per 3 seats, and parking based on gross floor area. 1 space per 3 seats closely correlated to 1 space for 100 sq. ft. of gross floor area (which happens to be an accepted standard in a number of cities that I have had personal experience with, and it worked very well).

That is the simple, helpful change to our Code recommended by the Economic Development Committee.

“Quick Serve” Eating Places 

Our existing standards don’t provide for existing or new types of “quick serve” eating places with limited seating, including Subway, Baskin-Robbins, Willy's, Starbucks and Panama Bay. These existing places were not considered restaurants, and are parked at the normal retail standard of 1 space per 200 sq. ft. of gross floor area.

Some believe that quick serve eating and drinking places with limited seats tend to have quicker turn-over, and therefore require less parking than traditional full-serve sit down restaurants, where people stay, and cars are parked for longer periods of time than quick serves.

The City Council and Planning Commission recently deliberated the issue of parking for eating places, and established policy in the PD-3 Zone (new Safeway Center), via 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. 

However, the 20 seat standard gets us back into the enforceability of seats issue. And is 20 seats the magic number?

The Committee considered 3 categories of eating places, and their potentially different parking needs: 1) traditional sit down restaurants; 2) fast food or quick serve restaurants; and 3) take out only restaurants.

Traditional sit down restaurants have the greatest parking demand because customers and their cars are there the longest. You come in, wait to be seated, read the menu, wait for the waiter, place an order, wait for it to be cooked, wait for it to get to your table, eat, wait for the bill, wait to pay at your table, or at the cashier. Figure at least an hour or more.

Fast food or quick serve, such as Willy’s, Subway, Burger King, Starbucks – You come in, wait to order, order and pay, wait for food or drink, consume it, and leave. Figure 20 to 30 minutes. The tables and parking spaces in a fast food turn over 2 to 3 times faster than a traditional sit down restaurant. 

Carry out only, such as Little Caesar’s, Dominoes, Papa Murphy’s, have no on-site eating time at all. These have the fastest turnover of any eating places.

However, after lengthy discussion, the Committee did not feel comfortable at this time with a lesser parking requirement for fast food restaurants, but was accepting of maintaining the existing lesser requirement for carry outs. Therefore, the recommendation is to amend the Code to have a parking standard of 1 space per 100 sf of gfa for restaurants, while retaining 1 space per 200 sf of gfa for carry out restaurants. The existing Code also allows the Planning Commission some flexibility in considering parking requirements for shopping centers exceeding 50,000 sf, as shown below. This provision has been used, most recently in the new Safeway Center on Balfour.

Our Code lacks definitions for restaurants. We need good definitions in our Code for the 2 different types of restaurants that have different parking standards, so it will be clear which standard applies to them. The recommended definitions are in the attached Ordinance, and below. 

Restaurants already require and will continue to require a conditional use permit (CUP) in order to ensure they provide the necessary higher standard of parking. Carry outs will continue to be considered general retail sales for use and parking purposes, and not require a CUP.

The proposed Code text and amendments are as follows:

(EXISTING TEXT UNALTERED, DELETED TEXT STRICKEN, ADDED TEXT UNDERLINED)

Chapter 17.030

DEFINITIONS

17.030.007 DEFINITIONS, CONTINUED:

H. Restaurant: An establishment, including but not limited to full service sit down or fast food restaurants, cafes, deli’s, 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. 

I. Restaurant - Carry Out: 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.

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 gross floor area used for dancing or other assembly uses.

2. Carry-out Restaurant. One (1) space for each two hundred (200) square feet of gross floor area.

3. When located in shopping centers having a gross floor area exceeding 50,000 square feet the number of required parking spaces may be reduced at the time of issuance of a Conditional use permit based on the following factors:

a. Mix of land uses within the shopping center and their projected parking demand.

b. Hours of operation of the various land uses.

c. Floor area of shopping center.

d. If the shopping center is existing, the number of parking spaces actually occupied at peak hours.

The applicant shall submit the above information with the Conditional Use Permit application.

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


Attachment:

Ordinance









ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING CHAPTERS 17.030 (DEFINITIONS) AND 17.620 (OFF-STREET PARKING) OF THE BRENTWOOD MUNICIPAL CODE RELATED TO EATING AND DRINKING PLACES.

WHEREAS, the Municipal Code in Chapter 17.030 contains definitions, and 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 17.030 lacks definitions for eating and drinking places, and the parking provisions of Chapter 17.620.012.J. are outdated, difficult to administer and regulate for 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, 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

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, on November 26, 2002, the City Council held a public hearing on the Planning Commission recommendation for this Amendment, and continued the item to January 14, 2003, and directed staff to further analyze parking for fast food/quick serve restaurants; and

WHEREAS, on December 19, 2002, the Economic Development Committee considered the recommendation of the Planning Commission, and directed staff to bring a revised Ordinance Amendment to Council for adoption; 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 continued public hearing on the proposed amendment on January 14, 2003, for the purpose of reviewing the code amendment and the Economic Development Committee recommendation; 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:

(EXISTING TEXT UNALTERED, DELETED TEXT STRICKEN, ADDED TEXT UNDERLINED)

Chapter 17.030

DEFINITIONS

17.030.007 DEFINITIONS, CONTINUED:

H. Restaurant: An establishment, including but not limited to full service sit down or fast food restaurants, cafes, deli’s, 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. 

I. Restaurant - Carry Out: 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. 

H. J. Secondary Housing Unit: An additional dwelling unit constructed or adapted within, onto, or detached from an existing dwelling unit on a single family residential lot. A Secondary Housing Unit shall have a kitchen, full bath and a sleeping room and developed in accordance with Section 17.100.005.

I. K. Side Lot Line: Any lot line which is not a front lot line or a rear lot line.

J. L. Storage: The placement of material objects on a site for any period in excess of seven (7) consecutive days.

Chapter 17.620
OFF-STREET PARKING
17.620.012 OFF-STREET PARKING SPACES REQUIRED, SPECIFIC USES:
J. Eating and Drinking Places:

3. 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 gross floor area used for dancing or other assembly uses.


THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 14th day of January 2003, by the following vote:

And was adopted at a regular meeting of the Brentwood City Council on the ____ day of _________, 2003, by the following vote:





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