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Planning commission recommends new rules on restaurants and on‑premise alcohol sales near schools and homes
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Summary
The commission voted April 21 to recommend city council adopt zoning amendments that prohibit on‑sale alcohol within 500 feet of schools and require conditional‑use review for restaurants near residences unless mitigated by a masonry wall or other separation; staff will correct one exhibit that mistakenly listed 500 feet where 300 was intended.
The Brentwood Planning Commission voted April 21 to recommend the City Council adopt text amendments to the Brentwood Municipal Code that would regulate restaurants that serve alcohol by setting proximity standards to schools and residences and by adding conditional‑use permit (CUP) triggers in sensitive locations.
Staff planner Jennifer Hagen presented the proposal (related to the focus zoning code update) and told the commission the amendments are intended to reduce regulatory hurdles for restaurants while protecting schools and neighborhoods. As drafted, staff recommended prohibiting on‑sale alcohol establishments within 500 feet of any K–12 school. For residential adjacencies, staff proposed a tiered approach: restaurants within 100 feet of a residential property would require a CUP; restaurants 100–300 feet from residences would require a CUP only if they seek hours later than 10 p.m.; restaurants located more than 300 feet from residential properties would be permitted alongside restaurant uses.
Commissioners raised several points for clarification. Vice Chair Floor and other members said the ordinance should measure proximity to any operating part of a restaurant (including patios and parking) rather than only the building face. Floor argued that a 100‑foot buffer measured from building walls is too narrow and suggested a broader default distance unless a masonry wall or other mitigation is provided. Hagen said staff had modeled 100, 300 and 500‑foot scenarios and recommended 300 feet as a practical middle ground: 300 feet would trigger CUP review in areas where impacts to residences are most plausible while avoiding placing most of the city’s restaurants under CUP requirements.
Commissioners and the assistant city attorney identified an erroneous reference in one PDF exhibit that listed 500 feet where staff intended 300 feet; staff confirmed the recommendation presented to council was 300 feet and offered to correct the exhibit. The commission discussed grandfathering language: staff said existing restaurants would be allowed to continue operation if a school later opened within the buffer, but expansion of hours or square footage after a new school’s establishment would require a CUP. The assistant attorney noted the ordinance’s current wording could be read to apply only to schools existing at the effective date and that removing the phrase “as of the effective date” would make the buffer apply to future schools as well.
On mitigation, commissioners supported giving the planning commission discretion via CUP review to require masonry walls, landscaping or other measures where a direct line of sight exists between a restaurant’s outdoor service areas and nearby homes. Commissioners also discussed continuing exceptions for downtown and certain planned districts identified by staff.
Vice Chair Floor moved to adopt Resolution 26‑009 recommending council adopt the code changes with the staff edits discussed; the motion was seconded and carried by voice vote. Staff said they will correct the exhibit inconsistency and return a clean ordinance to council for consideration.
