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CITY COUNCIL AGENDA ITEM NO. 19

Meeting Date: August 10, 2004

Subject/Title: Zoning Ordinance Amendment (RZ 04-09) Establishing a Farmers’ Market As A Conditionally Permitted Use in the Central Business (CB) District Zone and Establishing Standards for Their Review Consistent With Outdoor Dining and/or Merchandise Displays in the CB Zone Right-Of-Way.

Prepared by: Mike Leana, Chief of Planning

Submitted by: Howard Sword, Economic Development Director


RECOMMENDATION:
The Planning Commission and Staff recommend the City Council waive the first reading and introduce an ordinance establishing a Farmers’ Market as a conditionally permitted use in the CB zone and establishing standards for their review consistent with outdoor dining and/or merchandise displays in the CB zone right-of-way.

PREVIOUS ACTION:
At its meeting on May 25, 2004, the City Council approved seed money for the establishment of Brentwood’s first Farmers’ Market. As part of its request for financial support from the City the organizers of the Farmers’ Market requested assurance that a competing Farmers’ Market not be allowed elsewhere within the community during the term of its existence. As a result the City Attorney was directed to see if this request could be accommodated. This proposed Municipal Code Amendment is intended to attain this objective.

At the City Council meeting of July 13, 2004, several downtown business owners voiced their concerns regarding the impact of the Farmers’ Market on their respective businesses, causing Council to request this item be continued to its meeting of July 27, 2004, in order to look into the concerns. Following a meeting with the downtown business owners on July 19, 2004, staff recommended that the item be further continued to the City Council meeting of August 10, 2004.

DISCUSSION:
This ordinance amendment was prepared to address a land use issue. The concerns raised by several downtown merchants concerning the Farmers’ Market are an operational issue. The Brentwood Chamber of Commerce has assumed the lead role in the operating characteristics of the Farmers’ Market and has determined that the sale of prepared food and drinks would be allowed.

The Central Business District Zone is the logical place to permit a Farmers’ Market and will encourage more community residents to come to the downtown. Processing this type of request administratively, similar to other temporary uses, will enable the City staff to evaluate and mitigate potential impacts without having to go through a formal public hearing process for an event expected to have an overall city-wide benefit.

FISCAL IMPACT:
The adoption of this ordinance will have a negligible fiscal impact.

Attachments:
1 - Proposed Ordinance
2 - Pertinent Sections of Existing Ordinance with map

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO AMEND CHAPTER 17.280 TO ALLOW A FARMERS’ MARKET AS A CONDITIONALLY PERMITTED LAND USE IN THE CB ZONING DISTRICT AND AMEND 17.900 TO PERMIT A FARMERS MARKET TO USE CITY STREET RIGHT OF WAY.

WHEREAS, the City of Brentwood regulates the land uses and merchandise displays in public right of way in the Central Business zoning district as stated in Brentwood Municipal Code, Chapter 17.900; and

WHEREAS, a notice of Public Hearing was distributed to all owners of record of properties within 300 feet of the project and published in the Brentwood News on July 2, 2004, as required by City Ordinance and Government Code Section 65090; and

WHEREAS, after taking public testimony at a public hearing, the City of Brentwood Planning Commission by passing Resolution 04-37 on June 15, 2004 recommends that in order to provide for the Farmers Market in the central business district exclusively, it recommends the following amendments to the Brentwood Municipal Code.

NOW, THEREFORE BE IT RESOLVED

Section 1. City Council finds as follows:

(a) in order to provide for a location of a farmers market for local certified farm producers in only the Central Business zoning district, it is appropriate to require city approval for a farmers market due to traffic, parking, public health, and related land use impacts and to amend the City’s Municipal Code to minimize the land use impacts, promote local agriculture, and increase social and business activities in the Central Business zoning district; and

(b) for various reasons including, but not limited to, enhanced community values that a farmers’ market can bring to a community, it is appropriate to approve the following amendments to B.M.C. Title 17, Zoning.

Section 2. Brentwood City Council approves amendments to section 17.900.005 and 17.280 (E) of the Brentwood Municipal Code as follows (underlining denotes additional language to the section):

17.900.005 (A)

A. No outdoor dining use or merchandise display, except a farmers market authorized by the city, may be approved for a proposed use in a street or alley.

17.280.003 (E)

E. Notwithstanding any other provision in the Municipal Code that might permit a farmers market, a certified farmers market, defined as consisting of at least 3 different local farm produce vendors, shall be permitted only in the CB zoning district and subject to permitting and compliance with Chapter 17.900 regulations.”

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 10th day of August, 2004, by the following vote:
 

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