City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: September 28, 2004

Subject/Title: Temporary Use Permit No. 04-29 to allow the Brentwood Arts Commission the use of City owned property for the annual Art and Wine Festival, located within City Park and affecting the closure of surrounding streets.

Prepared by: Tim Nielsen, Planning Technician

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
Approve Temporary Use Permit No. 04-29 to allow for the use of City owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days, Friday, October 8th, Saturday, October 9th and Sunday, October 10th, 2003.

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 September 8, 2004, the Brentwood Arts Commission submitted an application to use City-owned property located on the corner of Second Street and Oak Street to hold its annual Art and Wine Festival. Since the event requires closure of City streets, it is appropriate that this application be approved by the Council.

The criteria for approval when evaluating a request for a TUP includes consideration given to 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 site is City Park at the northeast corner of the intersection of Second Street and Oak Street. The applicant is proposing to locate one-hundred-twenty-eight 10’ x 10’ vendor canopies throughout City Park, several 16’ x 10’ food booths where beer and wine will be sold, a designated children’s area to be located along the portion of Maple Street east of Second Street that will be closed to traffic and will include a petting zoo and inflatable jump houses. Portable restrooms (including handicapped) and sinks will also be located on site. The Art and Wine Festival will include the sale of alcohol and appropriate permits are being pursued through the Police Department.

This site is located within the Downtown and is zoned Central Business (CB), allowing for mixed uses including commercial, retail, service, office, dining, and social activities not usually permitted within a single-use zone.

The proposed festival hours are:

Friday 12:00 pm – 11:00 pm – setup
Saturday 6:00 am – 10:00 am – setup
Saturday 10:00 am – 6:00 pm – festival
Sunday 10:00 am – 6:00 pm – festival
Sunday 6:00 pm – 9:00 pm – tear down

It is staff’s opinion that this proposed festival will have moderate impact upon surrounding businesses. Street closures are minimal so as not to have impact upon the parking situation around CAP’s Restaurant and Second Street businesses directly. Impact on offices will be non-existent, given that the event will not take place during working hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will be minimally impacted in the downtown, as only Maple Street east of Second Street and the parking lot in front of City Hall will be closed to traffic. The parking stalls on the north and south sides of Oak Street will be available to patrons of CAP’s and other areas of the central business district. Parking for the event will be available to the handicapped on Maple Street just east of Second Street within the area designated for street closure. General event parking is available in the City lot (consisting of approximately 60 stalls) north of Second Street, the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area. The lot at Oak and Walnut Boulevard will also be used to park the vendor’s RVs on the nights of Friday, October 8th, and Saturday, October 9th. This event will foster a more pedestrian use of the downtown area, exposing local businesses to foot traffic. This event is expected to draw 15,000 visitors to the festival and the greater downtown area of Brentwood over the two day period, exposing local businesses to people who would not usually shop in the area.

FISCAL IMPACT
The total cost of providing police services for the 2004 Brentwood Art and Wine festival has been estimated at $3,975.00 by the Brentwood Police Department. The police Department will deploy Reserve Officers where appropriate to reduce personnel costs.

Attachments:
Resolution and Conditions of Approval
Festival Layout
Street Closure Map

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TUP 04-29 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2004 BRENTWOOD ART COMMISSION ART AND WINE FESTIVAL TO BE HELD ON OCTOBER 9 AND 10, 2004.

WHEREAS, the Brentwood Art Commission will be holding its annual Art and Wine Festival on October 9 and 10, 2004, an event of great local significance which attracts great numbers of people to the community; and

WHEREAS, to accommodate the 2004 Brentwood Arts Commission Art and Wine Festival, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 6:00 am Saturday, October 9 to 9:00 pm Sunday, October 10, 2004:

Maple Street east of Second Street.
City Hall Parking Lot on Third and Oak Streets.

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 Brentwood Art and Wine Festival 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 04-29 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 6:00 am, October 9, 2003, and 9:00 pm, October 10, 2004.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on September 28, 2004 by the following vote:

Attachment
Conditions of Approval

Conditions of Approval for TUP 04-29

1. Obtain (if necessary) an Electrical Permit.

2. Provide documentation of Police Department approval.

3. Provide documentation of Health Department approval.

4. Provide documentation of Fire Department approval.

5. Provide proof of contract for Security Officers.

6. Provide proof of contract for portable toilet facilities.

7. Provide proof of contract for trash bins.

8. Provide Proof of insurance coverage.

9. The hours of operation are as follows:
• Saturday from 10:00 am to 6:00 pm
• Sunday from 10:00 am to 6:00 pm

10. 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 caused solely by the City’s active negligence.

11. Any inspections that are needed will be done by the City of Brentwood’s Building Department.

12. Restore City Park and the streets affected by the closure to their condition prior to the event.
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov