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CITY COUNCIL AGENDA ITEM NO. 4

Meeting Date: November 25, 2003

Subject/Title: Temporary Use Permit No. 03-19 to allow the Brentwood Chamber of Commerce the use of City owned property for the annual Holiday Parade on November 29, 2003, located within the downtown and affecting the closure of surrounding streets.

Submitted by: Community Development Department (Oshinsky/Nielsen)

Approved by: John Stevenson, City Manager

RECOMMENDATION
Pass a Resolution approving Temporary Use Permit No. 03-19 to allow Brentwood Chamber of Commerce to use City owned property for the annual Holiday Parade located within the downtown area and affecting the closure of surrounding streets.

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 8, 2003, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Holiday Parade on November 29, 2003, between the hours of 1:00 pm and 4:30 pm. Previously, the Chamber has been able to use the downtown streets without 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 parade route includes several of the streets in the downtown. The route will include First Street west of Birch Street, Pine Street between First and Second Street, Second Street between Pine Street and Oak Street, as well as staging areas on Birch Street and a portion of First Street east of Birch Street.

The parade will consist of several hundred people proceeding on foot through the downtown area. The parade will consist of automobiles, floats, equestrians, members of the military, bands and scouts, several hundred people all together, proceeding through the downtown. The parade formation will occur along First Street, east of Birch Street as well as on Birch Street north of First Street. The parade will start at the intersection of Birch and First Streets.

This parade route is located within the Downtown and proceeds through several zoning districts including the Central Business Zone (CB), a Multi-family Residential Zone (R-3), and a Commercial, Office, Residential Zone (COR).

The proposed parade hours are:

Saturday 1:00 pm to 2:00 pm – staging and setup
Saturday 2:00 pm to 4:30 pm – parade

It is staff’s opinion that this proposed parade will have a moderate temporary impact upon surrounding businesses. Some areas of the downtown will not be accessible to vehicular traffic for three hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will also be moderately impacted in the downtown, as large portions of downtown streets will be closed from 1:00 pm through 4:30 pm on Saturday, November 29th. General parking is available in the City lot in front of City Hall and along Oak Street west of Second Street (consisting of 84 stalls), the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area not closed to traffic. City Park will be the terminus where four portable restrooms will be on-hand. There will also be two portable restrooms within the staging area. This event is expected to draw five to eight hundred visitors to the parade and the greater downtown area of Brentwood over the course of the event. The Holiday Parade is designed to kick off the winter shopping season and will expose the downtown to visitors that may not frequent the area.

FISCAL IMPACT
The total cost of providing police services for the 2003 Brentwood Chamber of Commerce Holiday Parade has been estimated at $4,550.00 by the Brentwood Police Department. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs. Historically, the city has waived the police costs for the event. Unless directed otherwise by Council, police costs will be waived for this year's event as well.

Attachment:
Resolution
Parade Route Map with Street Closures

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 03-19 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 HOLIDAY PARADE TO BE HELD ON NOVEMBER 29, 2003.

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Holiday Parade on November 29, 2003, an event of great local significance which attracts great numbers of people to the community; and

WHEREAS, to accommodate the 2003 Brentwood Chamber of Commerce Holiday Parade, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 1:00 pm and 4:30 pm on November 29, 2003:

First Street from Fir Street to Pine Street.
Birch Street from First Street to Third Street.
Pine Street from First Street to Second Street.
Second Street from Oak Street to Brentwood Boulevard.
Left Turn Lane from southbound Brentwood Boulevard onto Second Street.
Left Turn lane from southbound Brentwood Boulevard onto Oak Street.

Additionally, the following streets will be closed to traffic:

Fir Street from Brentwood Boulevard to First Street.
Chestnut Street from Brentwood Boulevard to Fourth Street.
Oak Street from Brentwood Boulevard to Third Street.
Maple Street from Brentwood Boulevard to the east end of Maple Street.
Third Street from Oak Street to Birch Street.
Second Street from Oak Street to Birch Street.
Delta Avenue.
Rolando Avenue.
Cesa Avenue.

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 Brentwood Chamber of Commerce Holiday Parade 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 03-19 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 1:00 pm and 4:30 pm, November 29, 2003 with the following conditions:

1. Provide documentation of Police Department approval.

2. Provide documentation of Fire Department approval.

3. Provide proof of insurance coverage.

4. The event hours are as follows:
Saturday 1:00 pm to 2:00 pm – Staging and Setup
Saturday 2:00 pm to 4:30 pm – Parade

5. The applicant agrees to provide documentation that it will 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.

6. Restore the streets affected by the closure and City Park to the conditions they were in prior to the event.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on November 25, 2003 by the following vote:
 

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