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CITY COUNCIL AGENDA ITEM NO. 21

Meeting Date: October 14, 2003

Subject/Title: Temporary Use Permit No. 03-17 to allow the Chamber of Commerce the use of City owned property for their Hometown Halloween, located within the downtown and effecting the closure of several streets.

Submitted by: Community Development Department (Oshinsky/Nielsen)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve Temporary Use Permit No. 03-17 to allow for the use of City owned property for the staging of the annual Hometown Halloween sponsored by the Brentwood Chamber of Commerce for one day, Saturday, October 25th between the hours of 4:00 pm and 8:00 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 October 2, 2003, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Hometown Halloween. 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 Oak Street between Diablo Way and Second Street, not to include the Second Street intersection, and First Street between Oak Street and mid-block between Oak Street and Chestnut Street near the Grazie parking lot 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 thousand people from the community at large. There are proposed attractions in the right-of-way for kids where candy and informational flyers will be handed out by Brentwood businesses. There will be haunted house in the Omni Funding Office located on First Street.

The proposed festival is located in the Central Business Zone (CB), allowing for mixed uses including residential, commercial, office, dining, and social activities not usually permitted within a single-use zone.

The festival hours are:

Saturday 4:00 pm to 5:00 pm - setup
Saturday 5:00 pm to 8:00 pm - festival

It is staff’s opinion that this proposed festival will have moderate impact upon surrounding businesses. These sections of street will be open to foot traffic only, exposing downtown businesses to residents that may not frequent the downtown. Closing these sections of First Street and Oak Street will still allow traffic to circulate in the downtown. Parking will be available along adjacent streets and in the municipal lots along Brentwood Boulevard and Second Street.

FISCAL IMPACT
The total cost of providing police services for the 2003 Chamber of Commerce Hometown Halloween has been estimated at $1,115.00 by the Brentwood Police Department based upon past years. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.

EXHIBITS:
A. Resolution with Conditions of Approval
B. Map with Street Closures

Conditions of Approval for TUP 03-17

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 4:00 pm to 8:00 pm

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 Oak Street and First Street to its condition prior to the event.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 03-17 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 CHAMBER OF COMMERCE HOMETOWN HALLOWEEN TO BE HELD ON OCTOBER 25, 2003.

WHEREAS, the Brentwood Chamber of Commerce will be holding their Hometown Halloween on October 25, 2003, an event of significance; and

WHEREAS, to accommodate the 2003 Chamber of Commerce Hometown Halloween, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 4:00 pm and 8:00 pm on October 25, 2003:

Oak Street from Diablo Way to Second Street.
First Street from Oak Street to mid-block between Oak Street and Chestnut 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 Chamber of Commerce Hometown Halloween 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 03-17 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 4:00 pm and 8:00 pm, October 25, 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:
 

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