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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: September 27, 2005

Subject/Title: Introduce and waive the first reading of an amendment to the Brentwood Municipal Code Chapter 17.620.012 to allow consideration of shared parking for restaurant uses in shopping centers less than 50,000 sq. ft. as part of the conditional use permit review for a restaurant.

Prepared by: Heidi Jo Kline, Planning Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION

Both the Planning Commission and staff are recommending that the City Council introduce and waive the first reading of an ordinance amending Chapter 17.620.012 of the Brentwood Municipal Code as shown in the attached draft Ordinance.

BACKGROUND

Brentwood has a number of mid-size, neighborhood-serving shopping centers with a total building area of less than 50,000 sq. ft. in size. Many of the older shopping centers in the community are less than 50,000 sq. ft. in size and have restaurants that operate adequately in terms of shared parking with other non-restaurant uses despite not meeting the current parking requirements of the Municipal Code as these centers were approved prior to adoption of the current parking standard. However, most of these centers have adequate parking available due in part to consideration of the operation and other characteristics of the proposed restaurant and the other uses in the center during review of the conditional permit for the proposed restaurant. Many of Brentwood’s recent mid-size shopping centers, with less than 50,000 sq. ft. total building area, are designed with a parking ratio that assumes all retail uses (1 space per 200 sq. ft.) which precludes any consideration for locating a restaurant in these centers through the conditional use permit review process.

The current parking standards for restaurants in the Brentwood Municipal Code requires parking be provided at a ratio of 1 parking space per 100 sq. ft. for the entire sq. ft. area of the restaurant and does not exclude area used for the kitchen or non-seating areas of the restaurant. This requirement was changed from Brentwood’s previous long-standing requirement of 1 space per 3 seats several years ago because staff was concerned that the amount of seating was harder to gauge and could be changed over time. However, other factors which are considered as part of the conditional use permit review process, such as the type, sit-down vs. drive-thru, or hours of operation, breakfast vs. dinner, play a larger part in determining restaurant parking demand as supported by studies conducted as part of the Institute of Traffic Engineers (ITE) “Parking Demand” publication.

The Brentwood Municipal Code currently provides for a reduction in the one parking space per 100 sq. ft. of gross floor area ratio based on operational characteristics, available parking and surrounding land uses of a restaurant as part of the conditional use permit review process for restaurants in shopping centers greater than 50,000 sq. ft. While staff supports this policy, the 50,000 sq. ft. threshold has, in part, served as a barrier to restaurants locating in smaller, neighborhood centers. Thus, staff believes that allowing restaurants to locate in smaller, neighborhood centers could be facilitated by allowing consideration of shared parking with other uses in the shopping center through the conditional use permit review process. This would not be a guarantee that all restaurants in all centers would be approved, as careful consideration would need to be made of the existing number of parking spaces and other uses in the shopping center. However, staff believes that not allowing this flexibility in the reduction of the required parking ratio for restaurants to be considered by the Planning Commission as part of the conditional use permit process limits the opportunity for restaurants to locate close to the residential neighborhoods where their patrons can more easily access them.

PROJECT DESCRIPTION

The proposed modification would modify Section 17.620.012.J.3 of the Brentwood Municipal Code as follows:

3. When located in shopping centers having a gross floor area exceeding fifty thousand 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;

PLANNING COMMISSION ACTION

At its September 6, 2005 hearing, the Planning Commission recommended approval of the proposed change by a 4-0 vote. The Planning Commission expressed support for the proposal which would allow consideration of the operational characteristics, number of seats, hours of operations, etc., as part of the conditional use permit review for a restaurant in determining whether adequate on-site parking was available in a specific shopping center.

ANALYSIS

As stated above, a number of Brentwood’s shopping centers are less than 50,000 sq. ft. in size and restaurants desiring to locate in these centers can not do so, unless the center was originally constructed with additional parking for the proposed restaurant. Often, restaurants desiring to locate in the In-line Shops spaces are smaller restaurants that serve both the employees and patrons of other businesses in the center and would not generate additional parking demand for those restaurant patrons. Rather, providing small restaurant facilities provides a service to these users that would otherwise, generate additional vehicle traffic to adjacent centers with restaurants.

As mentioned above, this proposed change to the Municipal Code would not guarantee that restaurants could be located in every center. However, it would allow the Commission flexibility to consider such requests. Upon thorough review of the proposed restaurant use, including peak hours of operation, number of employees, mix of existing uses in the center, and size of seating area, the Commission could decide whether the proposed restaurant would have any adverse impact on the available parking in the center for both the proposed restaurant use and the other uses in the center.

FISCAL IMPACT

The fiscal impact of this ordinance would be negligible as only minor changes in commercial uses have been made.

ENVIRONMENTAL DETERMINATION

This project qualifies as a categorical exemption. Therefore, no further environmental documentation is necessary in accordance with CEQA Guidelines and a Notice of Exemption (Categorical Exemption Section 15305 - Minor Alterations in Land Use Limitations) has been prepared for this project.

Attachments:
Ordinance ____ amending Chapter 17.620.012.J.3 OFF-STREET PARKING
Draft Planning Commission Minutes Excerpt of September 6, 2005

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD RECOMMENDING AN AMENDMENT TO CHAPTER 17.620.012.J.3 OFF-STREET PARKING.

WHEREAS, the current Chapter 17.620.012.J.3 Off-Street Parking is outdated and needs to meet the modern needs of a growing mixed use community and meet the expectations of its citizen; and

WHEREAS, a duly noticed public hearing on this project was advertised in the Brentwood Press on September 16, 2005; and

WHEREAS, the environmental effects of this proposed action have been considered and subject to the California Environmental Quality Act Section 15305 will not have a significant effect on the environment and thereby exempt from any further environmental review; and

WHEREAS, the City Council held a public hearing on the proposed Municipal Code Amendment for the purpose of reviewing the staff report, which includes an analysis of the consistency of the proposed project with all goals and policies of the General Plan, considering all comments made by public testimony with the respect to this project amendment and all other documents; and

WHEREAS, the City Council of the City of Brentwood makes the following supporting findings for this rezoning:

1. No text amendment shall occur, which is inconsistent with the City’s General Plan. In making a decision the City Council considers the consistency of the proposed action to the Municipal Code and whether the proposed action is inappropriate or otherwise contrary to the public interest. The City Council finds that the proposed text amendment is consistent with the public interest and the City’s General Plan Land Use Element Goal 3 Economic Vitality which encourages high quality and, innovative new commercial development throughout the City that meets the existing and future needs of Brentwood residents and visitors, corresponds with local and regional parking demand studies.

2. That the amendment will expound Chapter 17.620.012.J.3 so that activities may be conducted in harmony with other uses and encourages or creates the opportunity for new restaurants to serve the community.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that:

1. Approval of the amendment to the text of Chapter 17.620.012.J.3 of the Municipal Code as indicated below attached hereto and made a part of this ordinance:

CHAPTER 17.620 Off-Street Parking

17.620.012.J. Eating and Drinking Places:

3. When located in shopping centers, 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,

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the day of , 2005 by the following vote:

City of Brentwood
Planning Commission
Minutes September 6, 2005
Council Chambers
7:00 PM
Don Stirling, Vice Chairman Arthur Londos, Commissioner
Vacant, Commissioner Russell Pitkin, Commissioner
Steve Padgett, Chairman

DRAFT PLANNING COMMISSION MINUTES EXCERPT
– ITEM 5 –
CITY OF BRENTWOOD
SEPTEMBER 6, 2005

2. Approved an application and recommended that City Council adopt a Text Amendment to the Brentwood Municipal Code Chapter 17.620.012 to allow consideration of shared parking for restaurant uses in shopping centers less than 50,000 sq. ft. as part of the conditional use permit review for a restaurant. Applicant: City of Brentwood. File: RZ 05-14 (Kline).

Planning Manager Kline gave a brief overview of the staff report.

Chairman Padgett asked about drive through requirements.

Commissioner Stirling asked if certain areas of a drive through restaurant could be subtracted from square footage. Planning Manager Kline stated this could be implemented as part of the review of proposed conditional use permits.

Public Hearing Opened.

Public Hearing Closed.

Commissioner Londos asked about shopping centers less than 50,000 and the required spaces for parking. He asked about flexibility and the current guideline, and what the modifications would entail.

Motion to approve Planning Commission Resolution No. 05-62 recommending that the City Council approve Rezone 05-14 as conditioned.
Moved by Londos; seconded by Pitkin
Vote: 4-0
Yes: Padgett; Stirling; Londos; Pitkin

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