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CITY COUNCIL AGENDA ITEM NO. 18

Meeting Date: October 14, 2003

Subject/Title: Temporary Use Permit No. 03-14 to allow the Immaculate Heart of Mary Church the use of City owned property for their Fall Festival, located within the downtown and effecting the closure of one street.

Submitted by: Community Development Department (Oshinsky/Nielsen)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve Temporary Use Permit No. 03-14 to allow for the use of City owned property for the staging of the first annual Fall Festival sponsored by the Immaculate Heart of Mary Church for one day, Saturday, October 18th between the hours of 10:00 am and 6:00 pm.

PREVIOUS ACTION
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.”

BACKGROUND
On September 5, 2003, the Immaculate Heart of Mary Church submitted an application to use City right-of-way located in the downtown to hold its first annual Fall Festival. Previously, similar events have been able to use the downtown streets 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 of impacts on traffic, circulation, parking, visibility, noise, harmful effects 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 location is one block of First Street between Maple Street and Pine Street in the downtown. The appropriate permit is being pursued through the Police Department for the physical street closures.

The Fall Festival is expected to draw five hundred to a thousand people from the community at large. There are proposed attractions in the right-of-way for kids, as well as tables for eating, and an area for dancing and singing. The street in front of the Brentwood Funeral Home is proposed for event staff and disabled parking. Preparation work, largely food, for the festival will take place on Church property while the festival itself will take place largely along First Street between Maple and Pine Streets.

The proposed festival is located near the Downtown in a Commercial, Office, Residential Zone (COR), allowing for mixed uses including residential, commercial, retail, service, office, dining, and social activities not usually permitted within a single-use zone.

The festival hours are:

Saturday 10:00am to 6:00 pm

It is staff’s opinion that this proposed parade will have minimal impact upon surrounding businesses. Closing this section of First Street will not impact the overall flow of traffic in the downtown. Parking will be available along Maple and Pine Streets and in the municipal lots along Brentwood Boulevard and Second Street. It should be noted that all Property owners along this particular section of First Street have signed letters of support for this festival and the street closure.

FISCAL IMPACT
The total cost of providing police services for the 2003 Immaculate Heart of Mary Fall Festival will be minimal. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.


Exhibits:
Resolution
Conditions of Approval
Map with Street Closures

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 03-14 AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2003 IMMACULATE HEART OF MARY FALL FESTIVAL TO BE HELD ON OCTOBER 18, 2003.

WHEREAS, the Immaculate Heart of Mary will be holding their Fall Festival on October 18, 2003, an event of significance; and

WHEREAS, to accommodate the 2003 Immaculate Heart of Mary Fall Festival, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 10:00 am and 6:00 pm on October 18, 2003:

First Street from Maple Street to Pine Street.

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for parades and local special events such as the Immaculate Heart of Mary Fall Festival when the closing is necessary for the safety and protection of persons who are to use those portions of the street during the temporary closure; pursuant to Vehicle Code Section 22507, the City may prohibit parking on portions of streets during all or certain hours of the day; pursuant to Vehicle Code Section 22651(b), (m), and (n), City peace officers may remove by towing any vehicle from those portions of the street where parking is prohibited; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves TUP 03-14 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 10:00 am 6:00 pm, October 18, 2003.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on October 14, 2003 by the following vote:

Conditions of Approval for TUP 03-14

1. Obtain (if necessary) an Electrical Permit.

2. Provide documentation of Police Department approval.

3. Provide documentation of Health Department approval.

4. Provide documentation of Fire Department approval.

5. Provide Proof of insurance coverage.

6. The hours of operation are as follows:
• Saturday from 10:00 am to 6:00

7. 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 caused solely by the City’s active negligence.

8. Any inspections that are needed will be done by the City of Brentwood’s Building Department.

9. Restore First Street to its condition prior to the event.
 

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