On Tuesday, the Brentwood City Council will discuss and provide direction on modifications to the outdoor dining and merchandise displays in downtown Brentwood.
After direction is provided, Brentwood city staff will update its ordinance and prepare text amendments to the Brentwood Municipal code and downtown specific plan for planning commission consideration.
This item dates back to January 2022 when Councilmember Jovita Mendoza made the future agenda item request. The council agreed 5-0 to discuss outdoor dining and vending in the downtown area—specifically, the policy conflicts with outdoor dining where pedestrians on the sidewalk had to walk through dining area and consumption of alcohol in these areas.
According to the staff report, although limited instances of these conflicts remain, many of the specific issues leading to this future agenda item were resolved, as the businesses creating the conflict are no longer in operation.
Issues to be addressed:
- One specific conflict is that the area a business is authorized to occupy is not clearly defined as part of the existing approval process.
- Businesses in Downtown Brentwood that have an outdoor dining area or are displaying merchandise are operating on the sidewalk and within the public right of way. The City’s current regulations do not clearly set forth a common vision for the use of the public right of way for private purposes Downtown.
According to the staff report, city staff has had conversations with the Downtown Brentwood Coalition regarding conflicts related to businesses operating on the sidewalk, but have had no meetings with any specific business to date.
Outdoor Dining
Outdoor dining and merchandise display permits are currently issued through a no fee Administrative Design Review (ADR) process by the Community Development Department. The current code requires pedestrian walkway clearance of four feet, as well as basic standards for lighting, furniture, and fixtures, but it lacks detail and has limited enforcement tools if a business does not follow the code.
Other businesses located outside of Downtown returned to normal operations and no longer operate outdoor dining.
Zoning Ordinance Alternatives
- Currently, there is a no-cost Planning staff review for outdoor dining and merchandise display (the ADR process). Certain physical building improvements required by the Building Code may necessitate building permits. Staff recommends that an updated ordinance include more specific requirements clearly defining the space in which a business can operate; and requiring a cleaning deposit, liability insurance, annual inspections, etc. Although many businesses will have concerns with the costs associated with these new requirements, this is part of the cost associated with operating within the public right of way. City staff is not proposing to charge or lease the space for a fee to an operator
- Public pedestrian access through a controlled and permitted outdoor dining area premises will not be permitted where alcohol is served. Instead, permitted outdoor dining area premises where alcohol is served must be contiguous to the business establishment and separated by a permanent form of fencing.
- Increasing the public pedestrian walkway clearance to five (5) feet, from the existing requirement of four (4) feet, with allowances for the Director of Community Development to provide administrative approval for four (4) feet should physical limitations on the public sidewalk create conflicts with the proposed outdoor dining area.
Note – this standard could apply to new outdoor dining permittees. Existing permitted establishments could adhere to the previous applicable standard of four feet, and maintain accessibility and compliance with applicable Building Code provisions at all times, but will be required to ensure the sidewalk is cleaned on a regular basis. - Permittees to be required to regularly clean the sidewalk in front of their business establishment out to the back of the curb. If the sidewalk is not properly cleaned, the outdoor dining permit can be revoked by following the City’s Municipal Code
- Consider restricting installation of bar seating designed to seat customers facing the public right of way
- Cleary define the placement, height, material, and allowed use for all fencing.
*Staff recommended options
| Current Status | Option A | Option B | Option C |
| Approved ADR and in compliance |
Allow business to continue operating under existing ADR | Require business to meet new standards under a new permit process | *Add clarity to condition requiring business to regularly clean sidewalk, annual inspections, and meet liability insurance requirements |
| Approved ADR out of compliance with approval | Require business to apply for new permit based upon existing standards | *Require business to apply for new permit based upon new standards | *Add clarity to condition requiring business to regularly clean sidewalk, annual inspections, and meet liability insurance requirements |
| Operating under a temporary COVID approval | Require business to apply for a permit under existing standards and add clarity to condition related to sidewalk cleaning, inspections and liability insurance requirements | *Require business to apply for a permit under new standards | |
| Operating without City review or approval | Require business to apply for permit under existing standards and add condition related to sidewalk cleaning, inspection and liability insurance requirements | *Require business to apply for a permit under new standards |
Staff Documents:
- Outdoor Dining – City Manager-2023-10.pdf
- Attachment 1 Previous Actions.pdf
- Current Outdoor Dining and Merchandise Zoning Code.pdf
If You Go
May 14, 2024 at 7:00 pm
City Council Chambers
150 City Park Way
Full Agenda
Related
- May 17, 2023 – Bill Seeks to Sustain Outdoor Dining Across California (later approved by Governor)
5 comments
The Alcoholic Beverage Control has straightforward and clear guidelines on restaurants and their patio/outdoor use in regards to serving alcohol. Their guidelines are very black and white, if the businesses are adhering to their guidelines there’s no need for the city council to be getting involved with small business. Jovita seems to have an issue with almost every restaurant in Brentwood.
The city sounds like an upset Karen again, no wonder why small businesses in Brentwood don’t thrive
Meanwhile Brentwood and Oakley are flooded with street vendors selling food at every corner, fruits on the sidewalks, pushing carts of food around, not to mention the homeless population that are spreading rapidly. The city should concern itself with these issues and stop harassing legit business who unlike the ones I mentioned pay taxes.
Brentwood stop harassing our businesses downtown this is just not how you run success in a business community. Let them thrive. Out historic downtown is doing good. Go after work on homeless and the theft at the streets and lone tree.
Couldn’t agree more, I’m sick of the junk toy displays & the produce foods & the harassment that comes with it, in our parking lots etc….totally unacceptable & we know not permitted. How about putting efforts in cleaning up this mess & the litter that comes with it. Seems like the city just wants to get more money out of its residents and tenants but not put it back into the city? Whatever happened to the top coating ( slurry sealing,) that they used to put on the streets for that clean & cohesive look. ( Now displaying cracks side show skid marks , uneven wear… etc. ) I have seen more litter in common areas than I’ve ever seen before. Who’s responsible for cleaning up all that around neighborhoods city property? The water storage areas off golf course look terrible.
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