During the April 21 Brentwood Planning Commission meeting, they will look at amendments to the Municipal Code regarding the sale of alcohol for on-premise consumption.
According to the agenda: Adopt Resolution No. 26-009 recommending that the City Council adopt an Ordinance to amend the Brentwood Municipal Code (RZ 26-002) by adding Chapter 17.695 (Alcohol Sales), which would add development standards related to on-premise alcohol sales and change the land use classifications related to restaurants (with or without the sale of alcohol) citywide.
This dates back to January 2023 when the city began to reinitiate the city’s zoning code update – including six categories:
- Automobile service stations/gas stations
- Carwashes
- Alcohol sales
- Self-storage facilities
- Short-term rentals
- Drive-through uses
The city says over the past 2-years, they have had 15 meetings on Zoning Code Updates and Objective Design Standards.
Based on the City Council direction, the goal of the amendments was to leave the zoning for the Downtown, the Innovation Center, and PD-6 (The Streets of Brentwood/Sand Creek
Crossings Center) intact, while creating a set of regulations for the rest of the city that would allow for consistency and that would be more easily understood for new and existing businesses.
The proposed standards include:
Permitted and Conditionally Permitted Uses: Restaurants without the sale of alcohol will be permitted in all zones where they are currently allowed. Restaurants with the sale of alcohol will be Permitted or Conditionally Permitted based on new separation requirements as outlined in the new Chapter 17.695 (Alcohol Sales). New separation requirements include the following:
- Proximity to Schools. No establishment that sells alcohol for on-premise consumption shall be located within a five hundred (500) foot radius from any existing school (public or private and existing as of the adoption date of the Ordinance), except within the areas defined as the DowntownSpecific Plan, the PA-1 Specific Plan (Innovation Center), and PD-6. A 500-foot radius map is included in Attachment 3 for reference. If a new school is established after the adoption of this ordinance and is located within 500- feet of an existing restaurant, said restaurant may continue to operate and expand through the application of a Conditional Use Permit. Schools will be defined as follows:
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- “Private educational facilities” means any privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code.
- “Public school facilities” means any publicly owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through twelfth (12th) grade pursuant to the California Education Code.
- Proximity to Residential Uses. If an establishment that sells alcohol for on-premise consumption is within one hundred (100) feet of any existing residential zoning district or use, then a conditional use permit shall be required
- Hours of Operation in addition to Proximity to Residential Uses. If an establishment that sells alcohol for on-premise consumption is within three hundred (300) feet of any existing residential zoning district or use and open after 10:00 P.M., then a conditional use permit shall be required. This would effectively require those between 100- and 300-feet, open past 10:00 P.M., to acquire a CUP since those less than 100-feet automatically require a CUP.
If a property does not meet any of the above three criteria, then the sale of alcohol for on-premise consumption in combination with an approved restaurant use would be allowed by right.
If You Go
Brentwood Planning Commission
City Council Chambers
150 City Park Way
Brentwood, CA 94513
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Previous
- Sept. 2024 – Brentwood to Talk Alcohol Sales, Storage Units, and Drive-Throughs
- Aug 2023 – Brentwood Looks to Redefine “Schools” to Limit Liquor Licenses