CITY COUNCIL AGENDA ITEM
Meeting Date: December 9, 2003
Subject/Title: Approve temporary use of City-owned property and Temporary
Use Permit for the Immaculate Heart of Mary Processional on December 14,
Submitted by: Community Development Department (Oshinsky, Nielsen)
Approved by: John Stevenson, City Manager
Approve temporary use of City-owned property and a Temporary Use Permit for
the Immaculate Heart of Mary Pilgrimage Processional, on December 14, 2003,
subject to certain conditions of approval.
In prior years the Processional was allowed following review by the Police
On November 26, 2002, the City Council approved an amendment of the code
section for Temporary Use Permits. The amended code provides that: “Any
Temporary Use proposed on City property requires the approval of the City
On November 20, 2003, the Immaculate Heart of Mary Church submitted an
application to use City right-of-way to hold an annual Pilgrimage
Processional. Previously, City right-of-way has been used without the
applicant having to obtain a TUP. Since the change in the ordinance, Council
approval and a Temporary Use Permit are required.
The criteria for approval when evaluating a request for a TUP includes
consideration given to traffic, circulation, parking, visibility, 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 Second Street from Birch Street to Maple Street, and
Maple Street from Second Street to First Street in front of the Church.
The parade will consist of approximately three hundred people proceeding on
foot through the downtown area. The parade will consist of five motorized
floats and about three hundred pedestrians, proceeding through the downtown.
The parade formation will occur in the parking lot of Edna Hill Elementary
The proposed event hours are:
Sunday: 2:30 pm – 4:45 pm – street closure
Since use of City property must be approved 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 City right-of-way. Staff
recommends approval of the processional with conditions to address and
mitigate any adverse impacts.
It is staff’s opinion that this proposed Processional will have minimal
impact upon surrounding businesses. Impacts on offices will be non-existent
to minor, given that the event will take place on Sunday. There were no
complaints last year from residents or business owners concerning this same
It is Staff’s opinion that traffic will also be minimally impacted. Parking
in front of the church will be utilized by participants who will walk to the
beginning of the Processional. Visitors to the downtown conducting regular
business within the district can park in the City lot along Second Street by
accessing it from Midway Alley if space in front of the business is
inaccessible due to the closure of Second Street.
The total cost of providing police services for the 2003 Immaculate Heart of
Mary Processional has been estimated at $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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 03-23 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 PILGRIMAGE PROCESSIONAL TO BE HELD ON DECEMBER 14,
WHEREAS, the Immaculate Heart of Mary will be holding their annual
Pilgrimage Processional on December 14, 2003, an event of local significance
which attracts great numbers of people to the community; and
WHEREAS, to accommodate the 2003 Immaculate Heart of Mary Pilgrimage
Processional, it is requested that the following streets be closed to
traffic and no parking and tow away zones be established between 2:30 pm and
4:45 pm on December 14, 2003:
Second Street from Birch Street to Maple Street
Maple Street from Second Street to First 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 Pilgrimage Processional 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 03-23 and has ordered the Police Department to close the
above mentioned streets, prohibit parking, and establish tow away zones
between the hours of 2:30 pm and 4:45 pm, December 14, 2003 with the
1. The TUP shall be valid for the event on Sunday, December 14, 2003.
2. Provide verification of Non-profit status.
3. Provide documentation of Police Department approval.
4. The event hours are as follows:
Sunday 2:30 pm to 4:45 pm – Processional
5. Provide a statement that 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 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.
6. Restore the streets affected by the closure to the condition 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 December 9, 2003 by the following vote: