CITY COUNCIL AGENDA ITEM
Meeting Date: April 13, 2004
Subject/Title: An amendment to the Brentwood Municipal Code (Section 17.850
of the Zoning Ordinance) Relating to Temporary Use Permits.
Prepared By: Tim Nielsen, Planning Technician
Submitted by: Mitch Oshinsky, Community Development Director
Approve Rezone 04-02 amending Brentwood Municipal Code Section 17.850 as
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.” On October 15,
2003, City Council directed staff to amend the provisions of the Temporary
Use Permit Ordinance to allow more TUP approvals to be handled
administratively. On March 16, 2004, the Planning Commission recommended
that City Council approve this ordinance amendment.
In following through with the City Council’s direction to amend the
Temporary Use Provisions, and upon reviewing the existing Zoning Code
Provisions, several key items should be considered. Based on an amendment
made in 2002, the Zoning Ordinance currently requires every temporary use
located on City-owned property to obtain City Council approval. We have
begun to see a number of routine TUP applications requiring Council action;
this would conceivably require dozens of uses, of varying purposes and
sizes, to obtain City Council approval year after year. Most of these uses
are routine, characterized by few attendees and occur on an annual basis.
Many of these temporary uses can be reviewed and approved by staff based
upon prior experiences with the applicant. Commonly proposed uses included
in this proposed revision are a few minor changes that clearly define the
intent of the ordinance.
The key areas of focus are Section 17.850.004, where any temporary use
proposed on City property requires City Council approval and the addition of
a new Section 17.850.006 that defines uses that are exempt from the TUP
Ordinance. The suggested changes include:
- Requiring City Council approval only if the proposed temporary use
requires closure of public a right-of-way.
- Expanding the list of uses which require a Temporary Use Permit
- Defining which uses are exempt from the TUP process, including
City-managed or co-managed events.
During calendar year 2003, twelve temporary use permits required and
obtained City Council approval due to their location on City-owned property.
Of these twelve events, seven required closure of a portion of a public
right-of-way. These seven events were the Cornfest, the Art and Wine
Festival, the Homecoming Parade, the Hometown Halloween event, the Holiday
Parade, a Catholic Church festival, and the Catholic Church processional.
Under the proposed Ordinance revisions, these seven events would still be
required to obtain City Council approval because they involve the closure of
portions of public right-of-way.
The other five events were located on City-owned property and did not
require closure of right-of-way. While few in number last year, the number
of these smaller, low-impact events is only expected to increase as the
population of Brentwood and the number of local charities grows. In allowing
such events to be reviewed and approved by staff, the Temporary Use Permit
process will be more streamlined and more responsive to future applicants
with short event time lines.
Although the Chief of Police and the City Engineer are able to order the
closure of City streets, all of our larger annual Temporary Uses such as
Cornfest, the Art and Wine Festival, and Homecoming require City Council
approval and will continue to require Council approval to close portions of
The Code currently allows the Community Development Director to also refer
any TUP to the Planning Commission, and that provision is proposed to remain
and be used in the event of unusual circumstances surrounding a future
proposed temporary use.
There have also been questions as to which events require Temporary Use
Permits. As the ordinance is currently written, it could be interpreted to
require all City-managed sporting events, fairs, youth events, and park
dedications to obtain Temporary Use Permit approval. This requirement delays
the event process by requiring uses that could be handled administratively
to obtain City Council approval. To prevent future confusion and promote
efficiency for minor events, an “exemptions section” has been added to
define specific uses that are exempt from the requirements of the Temporary
Use Permit ordinance.
To clarify the proposed amendments, any Temporary Use Permit request that
requires closure of a portion of a City street will be required to go before
City Council for approval of that permit. Any use that requires approval of
a Temporary use Permit that is located on City property, but does not
require closure of any City right of way would be handled administratively.
Streamlining the approval process and clearly defining which events do not
need to obtain a TUP would allow a more efficient and applicant-friendly
system, fostering greater economic development opportunities through
temporary uses and supporting community-oriented and charitable events which
benefit the City of Brentwood. The proposed amendment clarifies regulations
pertaining to temporary uses and will save staff time and the financial
resources of the City to administer this ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION
17.850 OF THE BRENTWOOD MUNICIPAL CODE WHICH ESTABLISHES REGULATIONS FOR
TEMPORARY USE PERMITS.
WHEREAS, the Municipal Code in Section 17.850 contains provisions for the
regulation of temporary uses; and
WHEREAS, it is the City's goal to encourage and facilitate economic
development, and civic and cultural events; and
WHEREAS, temporary use provisions of the Municipal Code can provide
parameters to conduct certain temporary business and civic and cultural
WHEREAS, the current temporary use provisions of the Municipal Code require
City Council approval for all uses proposed on City-owned property; and
WHEREAS, this requirement can be time-consuming and is not necessary to
ensure a well planned and properly regulated event; and
WHEREAS, there are several other minor changes that need to be made to the
ordinance, in order to improve the clarity and ease future interpretation of
the ordinance; and
WHEREAS, on October 15, 2003, the City Council directed staff to process an
amendment of the Municipal Code provisions for temporary uses; and
WHEREAS, on March 16, 2004, the Planning Commission held a public hearing on
the proposed amendment to Section 17.850 of the Municipal Code and adopted a
resolution recommending to the City Council that Section 17.850 of the
Brentwood Municipal Code be amended; and
WHEREAS, this action has been reviewed per the California Environmental
Quality Act (CEQA). Pursuant to Section 15061(a)(3) of CEQA this activity is
covered by the general rule that CEQA applies only to projects that have the
potential for causing a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is
not subject to CEQA; and
WHEREAS, a Notice of Public Hearing was legally advertised in the Brentwood
News according to City policies and Government Code Section 65091; and
WHEREAS, the City Council held a public hearing on the proposed amendment on
April 13, 2004, for the purpose of reviewing this code amendment and the
staff recommendations; and
WHEREAS, after close of the public hearing, the City Council considered all
public comments received both before and during the public hearing, the
presentation by City staff, the staff report, the recommendations, and all
other pertinent documents and associated actions regarding the proposed
ordinance amendment; and
WHEREAS, the City Council of the City of Brentwood makes the following
finding per the Brentwood Municipal Code associated with this amendment:
This amendment is consistent with the General Plan and other applicable City
plans, and is appropriate to the public interest in helping to support
economic development and civic and cultural events.
NOW, THEREFORE, the City Council of the City of Brentwood hereby amends
Section 17.850 of the Brentwood Municipal Code as follows:
(Deleted text stricken added text underlined)
TEMPORARY USE PERMIT
17.850.001 Title and purpose of provisions.
A. Title. The provisions of this chapter shall be known as the "temporary
use permit regulations" of this title.
B. Purpose. The purpose of these provisions is to prescribe those short-term
activities which may be appropriate when regulated, to list those temporary
uses permitted, and to provide the procedure for the accommodation of short
term or temporary uses in order to review operating characteristics, site or
design requirements, and any potential adverse effects on adjacent
properties, by means of administrative review, and where necessary, the
imposition of special conditions of approval. (Ord. 408 (part), 1987)
17.850.002 Applicability of provisions.
This procedure shall apply to those uses for which a temporary use permit is
required by the zoning ordinance. (Ord. 408 (part), 1987)
17.850.003 Temporary use defined.
A temporary use is a use established for a fixed period of time with the
intent to discontinue such use upon the expiration of the permitted time
period. (Ord. 408 (part), 1987)
Temporary use permits may be approved, amended, conditioned, or denied by
the Community Development Director, pursuant to the provisions of this
Chapter. The Community Development Director may refer any such permit to the
Planning Commission. Decisions of the Community Development Director may be
appealed to the Commission, and decisions of the Commission may be appealed
to the City Council, pursuant to Chapter 17.880 (Appeal).
Any Temporary Use proposed on City property requesting the closure of City
right-of-way requires the approval of the City Council, except those street
closures permitted to be exercised by the Chief of Police, City Engineer,
and the Director of Public Works as provided in Brentwood Municipal Code,
Title 10 and other provisions of City policy, regulations, and the Municipal
17.850.005 Permitted Temporary Uses.
The following temporary uses may be permitted, subject to issuance of a
Temporary Use Permit, and obtaining a City Business License:
1. Retail sales of agricultural produce at produce stands or in a certified
2. Outdoor retail sales within nonresidential zones for merchandise
customarily sold on the premises by an established business physically
located and doing business at the same location as the temporary use. Such
sales of merchandise are limited to 4 events per calendar year per business
conducting the sale, not exceeding 4 consecutive days per event.
3. Outdoor retail sales within nonresidential zones of merchandise not
customarily sold on the premises, when the sales will be by an established
business physically located and doing business in Brentwood. The entity
conducting the temporary sale shall dedicate all retail sales tax collected
at such sale to accrue to the City. Such sales are limited to 4 events per
calendar year per business conducting the sale, not exceeding 4 consecutive
days per event.
4. Christmas tree or pumpkin sale lots (however, a permit shall not be
required when such sales are in conjunction with an established commercial
business holding a valid business license, or produce stands or farmer’s
markets), provided such activity shall be limited to 45 days of operation
per calendar year.
5. Circuses, rodeos, bike rodeos, carnivals, pony riding animal rides,
6. Construction yards, corporation yards, offices or storage yards.
7. Temporary subdivision home sales or rental offices.
8. Trailer coaches or mobile homes on active construction sites for use as
temporary living quarters for security personnel.
9. City sponsored and/or civic Community events including but not limited to
Cornfest fairs, festivals, concerts, car shows, races, rallies, runs,
marathons, arts and crafts shows egg hunts the snow park, Halloween holiday
events, downtown barbeque and parades, and processions.
10. Events proposing pyrotechnics.
11. Similar temporary uses which, in the opinion of the Community
Development Director are compatible with the provisions of this Chapter.
12. Notwithstanding any other provision of this Chapter, the City Council
shall review the issuance of a Temporary Use Permit for the following
events: Cornfest, the Art and Wine Festival, Homecoming Parade, and Hometown
The provisions of this Chapter shall not apply to arts and crafts fairs,
health and safety fairs, business fairs, athletic field rentals, sport
tournaments and contests, block parties, food and clothing giveaways, park
dedications, music recitals, art shows and receptions, City building and
gazebo rentals, community meetings and other similar uses that typically
occur at community facilities. All City-managed or co-managed events are
exempt from the requirements of obtaining a Temporary Use Permit. These
exemptions shall apply to all of the events listed above, except as noted in
17.850.006 17.850.007 Criteria for approval.
When evaluating a request for a temporary use permit, consideration shall be
given to traffic, circulation, parking, visibility, effects of noise and
light, other harmful effects on adjoining property if any, 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 the
public health, safety or welfare. (Ord. 408 (part), 1987)
17.850.007 17.850.008 Conditions of approval.
In approving an application for a Temporary Use Permit, the Community
Development Director may impose conditions deemed necessary to ensure that
the permit will be in accordance with the criteria for approval required by
Section 17.850.006, above; and that the temporary use or structure will not
adversely affect adjacent properties, or the public health, safety or
welfare. These conditions may involve any pertinent factors affecting the
operation of such temporary event, or use, and may include but are not
1. Unless an alternative time period is specified above in Section
17.850.005. (Permitted temporary uses), provision for a fixed period not to
exceed 1 year for all temporary uses or structures, or for a longer or
shorter period of time as determined by the Community Development Director.
The Community Development Director may grant time extensions, and regulate
operating hours and days. Periodic City sponsored and/or civic events
outlined in Section 17.850.005.9, above, are not subject to the fixed time
limitations of this Section as determined by the Community Development
2. Provision for parking facilities, including vehicular ingress and egress.
3. Regulation of potential nuisance factors such as, but not limited to,
light and glare, noise, vibration, smoke, dust, dirt, and odors.
4. Regulation of temporary structures and facilities, including placement,
height and size, location of equipment, buffer areas and setbacks.
5. Provision for sanitary facilities.
6. Provision for waste collection and disposal.
7. Provision for security and safety measures. The Brentwood Police
Department may close the event due to failure to satisfy conditions of this
8. Regulation of signs.
9. If requested, submission of a performance bond or other surety devices,
satisfactory to the City Engineer Community Development Director, to ensure
that any temporary facilities or structures used will be removed from the
site within a reasonable time following the event and that the property will
be restored to its former condition.
10. Submittal of a site plan.
11. Any other conditions determined by the Community Development Director to
ensure the operation of the proposed temporary use in an orderly, efficient,
safe, compatible, harmonious, and nuisance free manner.
12. Provide a Certificate Of Insurance Acceptable to the City Attorney.
17.850.008 17.850.009 Condition of site following temporary use.
Each site occupied by a temporary use shall be left free of debris, litter,
or any other evidence of the temporary use upon completion or removal of the
17.850.009 17.850.010 Revocation
A Temporary Use Permit may be revoked or modified by the Community
Development Director when it is determined that any of the following occurs:
1. That circumstances have changed so that one or more of the provisions of
this Chapter 17.850 are not being met or complied with.
2. That the Temporary Use Permit was obtained by misrepresentation or fraud.
3. That one or more of the conditions of approval of the Temporary Use
Permit have not been met.
4. That the use is in violation of any statute, ordinance, policy, law or
THE FOREGOING ORDINANCE was introduced with the first reading waived at a
regular meeting of the Brentwood City Council on the 13th day of April 2004,
by the following vote: