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Meeting Date: April 13, 2004

Subject/Title: Approve temporary use of City-owned property and Temporary Use Permit for the Brentwood Women’s Club Literacy Faire on April 17, 2004

Prepared By: Tim Nielsen, Planning Technician

Submitted by: Mitch Oshinsky, Community Development Director

Approve temporary use of City-owned property and a Temporary Use Permit for the Brentwood Women’s Club Literacy Faire, on April 17, 2004, subject to certain conditions of approval.

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 Council.”

On March 10, 2004, Brentwood Women’s Club submitted an application to use a portion of the Downtown City Park located on the corner of Second Street and Oak Street and the courtyard area in front of the Library to hold a Literacy Faire. Previously, City Park has been utilized for such events without having to obtain a TUP. Since the change in the ordinance, Council approval of the Temporary Use Permit is 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 health and safety issues associated with the proposed use. The proposed use may be reasonably conditioned to mitigate identified impacts or to protect public health, safety or welfare.

The applicant is proposing to use a portion of the park immediately adjacent to the Library for this use. They propose to locate a jump house and several relay games within City Park and several booths around the arbor in front of the Library.

The proposed event hours are:

Saturday 10:00 am – 2:00 pm

It is staff’s opinion that this proposed Literacy Faire will have minimal impact upon surrounding businesses. No adverse impacts on City offices are anticipated, given that the event will take place on the weekend.

It is Staff’s opinion that traffic will also be minimally impacted. Public parking will be available in the City lots to the east and north of the Library as well as along Oak and Maple streets. These should suffice for any visitors to the event.

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 the City site. Staff recommends the following conditions of approval be applied to the TUP for the Literacy Faire to address and mitigate any adverse impacts:

1. The TUP shall be valid for Saturday, April 17, 2004.

2. Post a clean-up bond in the amount of $1,000.00 prior to the event. This will be refunded after the site is cleaned up and inspected after the temporary use ceases.

3. The applicant must repair or replace any damage to City facilities caused by any activities associated with this event.

4. Provide verification of Non-profit status prior to the event.

5. Provide proof of contract for rental of the City Park site prior to the event.

6. Provide documentation of Police Department approval prior to the event.

7. Provide proof of County Health Department approval for the food preparation booth prior to the event.

8. 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 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 causes solely by the City’s active negligence.

The fiscal impact on the City should be minimal.

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