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CITY COUNCIL AGENDA ITEM NO. 5

Meeting Date: March 23, 2004

Subject/Title: Temporary Use Permit No. 04-08 to allow the Immaculate Heart of Mary Church the use of City owned property for the annual Good Friday Procession, located within the downtown and effecting the closure of surrounding streets.

Prepared By: T. Nielsen

Submitted by: M. Oshinsky, Director, Community Development

RECOMMENDATION
Approve Temporary Use Permit No. 04-08 to allow for the use of City owned property for the staging of the annual Good Friday Procession sponsored by the Immaculate Heart of Mary Church for one day, Friday, April 9th between the hours of 6:00 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 March 10, 2004, the Immaculate Heart of Mary Church submitted an application to use City right-of-way located in the downtown to hold its annual Good Friday Procession. Previously, such uses have 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 First Street between Maple and Pine Streets, Pine Street from First Street to Second Street, Second Street from Pine Street to Maple Street and Maple Street between Second and First Streets. The appropriate permits are being pursued through the Police Department for the physical street closures.

The procession will consist of several hundred people proceeding on foot through the downtown. The procession will start and finish at the intersection of Maple and First Streets. It will proceed around the block for one or two laps.

This route is located within the Downtown and proceeds through two zoning districts including the Central Business Zone (CB) and a Commercial, Office, Residential Zone (COR) that allow a mix of land uses.

The proposed parade hours are:

Friday 6:00 pm to 8:00 pm – procession

It is staff’s opinion that this proposed event will have minimal impact upon surrounding businesses and parking. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will also be minimally impacted in the downtown. General parking will be available in all Municipal parking lots as well as on-street parking throughout the downtown area not closed to traffic. This event is expected to draw several 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 Immaculate Heart of Mary Good Friday Procession has been estimated at $575.00 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. Route Map with Street Closures

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 04-08 AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE 2004 IMMACULATE HEART OF MARY GOOD FRIDAY PROCESSION TO BE HELD ON APRIL 9, 2004.

WHEREAS, the Immaculate Heart of Mary Church will be holding their annual Good Friday Procession on April 9, 2004, an event of significance which attracts people to the downtown area; and

WHEREAS, to accommodate the 2004 Immaculate Heart of Mary Good Friday Procession, it is requested that the following streets be closed to traffic between 6:00 pm and 8:00 pm on April 9, 2004:

First Street from East Contra Costa Fire Station 54 to Pine Street, including the intersection of First Street and Pine Street.

Pine Street from First Street to Second Street.

Second Street including the intersection of Second Street and Pine Street to and including the intersection of Second Street and 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 Good Friday Procession 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; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby approves TUP 04-08 and has ordered the Police Department to close the above mentioned streets between the hours of 6:00 pm 8:00 pm, April 9, 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:

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