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CITY COUNCIL AGENDA ITEM NO. 14

Meeting Date: May 11, 2004

Subject/Title: Temporary Use Permit No. 04-18 to allow the Immaculate Heart of Mary Church the use of City right-of-way for a staging area prior to an auto processional, effecting the closure of a street within the downtown.

Prepared By: Tim Nielsen, Planning Technician

Submitted by: Mitch Oshinsky, Community Development Director

RECOMMENDATION
Approve a Resolution approving Temporary Use Permit No. 04-18 with conditions to allow the closure of City right-of-way for the staging of an auto processional for one day, Sunday, June 5th between the hours of 9:00 am and 11:30 am.
PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the code section for Temporary Use Permits. The amended code provides that: “Any Temporary Use 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 code.”
BACKGROUND
On May 3, 2004, the Immaculate Heart of Mary Church submitted an application to use City right-of-way located in the downtown to stage an auto processional from the current church to the new church. Since the event requires the closure of public right-of-way, 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 staging area includes one street within the downtown. The staging area will affect only the closure of one street.

The closure will allow up to one hundred automobiles to be staged in the street during the church service. At the close of the service, participants will occupy the vehicles within the staging area and exit in an orderly fashion at the start of the dedicational procession.

This street is located within a Commercial, Office, Residential (COR) Zone.

The proposed street closure hours are:

Sunday 9:00 am to 11:30 am – close streets

It is staff’s opinion that this proposed event will have minimal impact upon surrounding homes and businesses within the downtown. Businesses and homeowners along First Street have been noticed of the closure.

Traffic will also be minimally impacted in the Zone. This event is expected to draw two to three hundred participants during the course of the event.
FISCAL IMPACT
The total cost of providing police services for the Immaculate Heart of Mary street closure and procession has been estimated at $753.44 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 such events. Unless directed otherwise by Council, police costs will be waived for this year's event as well.

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 04-18 TO ALLOW THE USE OF CITY STREETS AS A STAGING AREA AND AUTHORIZE THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE IMMACULATE HEART OF MARY’S PROCESSIONAL TO BE HELD ON JUNE 5, 2004.

WHEREAS, the Immaculate Heart of Mary Church will be forming a staging area in order to facilitate an auto procession on June 5, 2004; and

WHEREAS, to accommodate the Immaculate Heart of Mary auto procession, it is requested that the following streets be closed to traffic between 9:00 am and 11:30 am on June 5, 2004:

First Street from Maple Street to Pine 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 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 04-18 and has ordered the Police Department to close the above mentioned streets between the hours of 9:00 am and 11:30 am, June 5, 2004 for use as a staging area.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on May 11, 2004 by the following vote:

EXHIBIT:
A. Conditions of Approval

Exhibit A

Conditions of Approval for TUP 04-18

1. The TUP shall be valid for Sunday, May 23, 2004.

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

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

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

5. Provide proof of insurance coverage naming the City of Brentwood on the Policy.

6. 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.
 

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