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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: March 23, 2004

Subject/Title: Temporary Use Permit No. 04-06 to allow the City of Brentwood Parks and Recreation Department the use of City owned property for the annual Spring to Life Fun Run, located within the downtown that requires the closure of surrounding streets.

Prepared By: T. Nielsen

Submitted by: M. Oshinsky, Director, Community Development

RECOMMENDATION
Approve Temporary Use Permit No. 04-06 to allow for the use of City owned property for the staging of the annual Spring to Life Fun Run sponsored by the City of Brentwood Parks and Recreation Department for one day, Saturday, April 24th between the hours of 8:00 am and 11:00 am.

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 February 24, 2004, the City of Brentwood Parks and Recreation Department submitted an application to use City right-of-way located in the downtown to hold its annual Spring to Life Fun Run. Previously, the Parks and Recreation Department 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 route includes several of the streets in the downtown. The route will include Oak Street from First to Third Street, and First Street between Oak and Fir Streets. The route will then proceed through property owned by the Brentwood Union School District and through Garin Park. It will also include Lawrence Lane between Redhaven Street and Garin Parkway, Garin Parkway from Redhaven Street to Chestnut Street and Chestnut Street between Third Street and Sellers Avenue. It will include Sellers Avenue from Chestnut Street to a point one hundred yards south of Redhaven Street. The runners will then turn around and retrace their steps, requiring the closure of Third Street between Chestnut Street and Oak Street. The appropriate permits are being pursued through the Police Department for the physical street closures.

The fun run will consist of approximately two hundred people proceeding on foot through the downtown and areas to the east. The run will start and finish at the intersection of Oak and Third Streets. The City parking lot in front of City Hall and the lawn between the library and the community center will be used as a staging area.

This 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), Public Facility Zone (PF), and several Planned Developments allowing for single family residential uses.

The proposed fun run hours are:

Saturday 7:00 am to 8:00 am – staging and setup
Saturday 8:00 am to 11:00 am – fun run

It is staff’s opinion that this proposed event will have moderate impact upon surrounding businesses. Some areas of the downtown will not be accessible to vehicular traffic for nearly three hours. Parking will be available in the municipal lots along Brentwood Boulevard and on Second Street. Persons wishing to access the downtown businesses may park in these lots and do so on foot. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will be moderately impacted in the downtown, as large portions of downtown streets will be closed from 7:00 am through 11:00 pm on Saturday, April 24th. General parking is available in the City lot on Second Street, the two municipal lots on Brentwood Boulevard, as well as on-street parking throughout the downtown area not closed to traffic. As the run progresses along its route, barricades will be removed as it becomes safe to reopen certain streets to traffic, minimizing the time streets will be closed. This event is expected to draw two hundred participants to the greater downtown area of Brentwood over the course of the event.

FISCAL IMPACT
The total cost of providing police services for the 2004 City of Brentwood Spring to Life Fun Run has been estimated at $1,233.00 by the Brentwood Police Department based upon prior years. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.

Attachments:
A. Resolution
B. Conditions of Approval
C. Route Map with Street Closures
D. Map of Staging Area

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 04-06 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 2004 CITY OF BRENTWOOD PARKS AND RECREATION DEPARTMENT SPRING TO LIFE FUN RUN TO BE HELD ON APRIL 24, 2004.

WHEREAS, the City of Brentwood Parks and Recreation Department will be holding their annual Spring to Life Fun Run on April 24, 2004, an event of significance which attracts people to the downtown area; and

WHEREAS, to accommodate the 2004 City of Brentwood Parks and Recreation Department Spring to Life Fun Run, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 7:00 am and 11:00 am on April 24, 2004:

Oak Street from Third Street to First Street
First Street from Oak Street to Fir Street
Garin Parkway from Redhaven Street to Chestnut Street
Chestnut Street from Third Street to Sellers Avenue
Sellers Avenue from Chestnut Street to one hundred yards south of Redhaven Street
Third Street from Chestnut Street to Oak Street

Additionally, the following streets will be closed to traffic:

Fir Street from Diablo Way to First Street.
Elm Street from Diablo Way to First Street.
Chestnut Street from Diablo Way to Third Street.
Oak Street from Brentwood Boulevard to First Street.
Chestnut Street from First Street to Third Street
Birch Street from First Street to Third Street
Second Street form Oak Street to Birch Street
Third Street from Chestnut 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 City of Brentwood Parks and Recreation Department Fun Run 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 04-06 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 7:00 am 11:00 am, April 24, 2004.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on March 23, 2004 by the following vote:

CONDITIONS OF APPROVAL FOR TUP 04-06

1. The event hours are as follows:

Saturday 7:00 am to 8:00 am – staging and setup
Saturday 8:00 am to 11:00 am – fun run

2. Restore the streets affected by the closure to their condition prior to the event.
3. Pick-up and dispose of any trash within the staging area as a result of the event.
 

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