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Meeting Date: August 26, 2003

Subject/Title: Approve temporary use of City-owned properties and Temporary Use Permit for the Discovery Bay Corvette Club car show on September 27, 2003

Submitted by: Community Development Department (Nielsen)

Approved by: John Stevenson, City Manager

Approve temporary use of City-owned properties and a Temporary Use Permit for the Discovery Bay Corvette Club car show, on September 27, 2003, subject to certain conditions of approval.

During past years the car show has been following the signing of a lease agreement for rental of City Park obtained through our Parks and Recreation Department, and review by the Police Department.

On November 26, 2002, the City Council approved an amendment of the code section for Temporary Use Permits. The amended code provides that: “City sponsored and /or civic events including but not limited to Cornfest, fairs, festivals, concerts, arts and crafts shows, the snow park, Halloween event, downtown barbeque, and parades” require a TUP and Business License. Council added provisions to this amendment that require: “Any Temporary Use proposed on City property requires the approval of the City Council.”

On July 18, 2003, the Discovery Bay Corvette Club submitted an application to use City-owned property located on the corner of Second Street and Oak Street to hold a car show. Previously, the City Park has been rented without the applicant having to obtain a TUP. Since the change in the ordinance, a Temporary Use Permit is required.

The criteria for approval when evaluating a request for a TUP includes consideration given to traffic, circulation, parking, visibility, harmful effect on adjoining property and any other relevant impacts or considerations of the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to ensure public health, safety or welfare.

The proposed site is City Park at the northeast corner of the intersection of Second Street and Oak Street. The applicant is proposing to locate two refreshment canopies in the northern corner of City Park near the library parking lot and Maple Street operated by the Catholic Church Men’s Club and the Brentwood Rotary Club. The Rotary Club will be selling alcohol and is pursuing the appropriate permits through the Police Department. The remainder of the park will be occupied by parked cars numbering 100 to 130 on display for the day. Each car will be attended by its owner for the course of the event.

This site is located within the Downtown and is zoned Central Business (CB), allowing for mixed uses including commercial, retail, service, office, dining, and social activities not usually permitted within a single-use zone.

The proposed car show hours are:

Saturday 6:30 am – 8:00 am - setup
Saturday 8:00 am – 4:00 pm - car show
Saturday 4:00 pm – 5:00 pm - tear down

It is staff’s opinion that this proposed car show will have minimal impact upon surrounding businesses. Impact on offices will be non-existent, given that the event will not take place during working hours. There have been no complaints in past years from residents or business owners concerning this particular use.

Traffic will also have a minimal impact, as the vehicles on display will be parked in City Park, not within the right-of-way. The parking stalls surrounding the park along Oak Street and Maple Street, as well as the spaces within the city parking lot should suffice for any visitors to the car show. These spaces total 165. In the unlikely event that overflow space is needed, there are approximately 60 extra spaces in the City-owned parking lot across Second Street from City Park and there are additional spaces beyond these to accommodate visitors to the downtown conducting regular business within the district.

Since approval of the City sites must be made by Council, it is appropriate for approval of this TUP to be considered and approved by Council concurrently with the approval of the use of the City site. Staff recommends the following conditions of approval be applied to the TUP for the car show:

1. The TUP shall be valid for September 27, 2003 only.
2. Post a clean-up bond on the amount of $1,000.00. This will be refunded after the site is cleaned up and inspected after the temporary use ceases.

3. Provide proof of contract for rental of the City Park site.

4. Provide documentation of Police Department approval.

5. Provide documentation of Fire Department approval.

6. Provide proof of contract for security officers (if deemed necessary)

7. Obtain (if necessary) an Electrical Permit.

8. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, or the environmental determination rendered in connection with the permit approval, or arising out of the operation of the use or uses allowed under the permit, save and except that causes solely by the City’s active negligence.

The fiscal impact on the City should be minimal, as the applicant will be required to provide their own security if it is deemed necessary by the Police Department. Rental of the park will also include the use of the restrooms located in the Community Center.

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