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 CITY COUNCIL AGENDA ITEM NO. 05

Meeting Date: January 28, 2003

Subject/Title: Second reading and adoption of an Ordinance amending Title 17 of the Brentwood Municipal Code relating to parking and definitions for eating and drinking places

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager


RECOMMENDATION 
Waive second reading and adopt Ordinance No. 736 to amend the parking and definition provisions for eating and drinking places of the Municipal Code.

PREVIOUS ACTION
On January 14, 2003, the City Council approved the first reading of Ordinance No. 736.

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. This amendment will simplify the calculation and administration of parking requirements for restaurants, and add definitions to help differentiate between the two types of restaurants our Code recognizes.

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 No. 736















ORDINANCE NO. 736

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17.030 lacks definitions for eating and drinking places, and the parking provisions of Chapter 17.620.012.J. are outdated, difficult to administer and regulate for eating and drinking places; and 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 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 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:

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.


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 28th day of January, 2003, by the following vote:
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