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 CITY COUNCIL AGENDA ITEM NO. 24



Meeting Date: September 10, 2002

Subject/Title: Discussion on Temporary Uses

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: John Stevenson, City Manager

RECOMMENDATION 
That Council provide direction to staff as to how to regulate temporary retail sales.

PREVIOUS ACTION
Council directed staff to return with provisions for regulating temporary retail sales.

BACKGROUND
The critical issue raised by Council is whether to allow temporary retail sales on sites in the City. The existing Zoning Code allows such activities including parking lot sales, and other promotional uses, subject to approval of a Temporary Use Permit (TUP).

There appears to be some difference of opinion on Council as to how to regulate such uses. Therefore, below are four provisions for Council consideration on how to proceed. These provisions provide for limits on temporary sales, but also allow them under certain circumstances. 

Staff seeks Council direction on whether these four, or any other provisions are acceptable. The provisions are:

The following temporary uses may be permitted, subject to issuance of a Temporary Use Permit:

1. Outdoor retail sales within nonresidential zones only for merchandise customarily sold on the premises by a permanently established business physically located and doing business at the same location as the temporary use. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

2. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when such sales are associated with a permanently established business physically located and doing business in the City of Brentwood at a different location than the temporary use. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

3. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when it is determined that the business conducting the sale has provided a significant amenity of community-wide benefit to the City. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.

4. Outdoor retail sales within nonresidential zones of merchandise not customarily sold on the premises, when it is determined that the business conducting the sale is actively pursuing the opportunity to do business in the City at a permanent location. The entity conducting the temporary sale shall dedicate all retail sales tax collected at such sale to accrue to the City of Brentwood. Such sales of merchandise are limited to 4 events per calendar year, not exceeding 4 consecutive days per event.


FISCAL IMPACT
As provided above, retail sales taxes would accrue to the City from any sales.
City Administration
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