CITY COUNCIL AGENDA ITEM
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
Prepared by: Tim Nielsen, Planning Technician
Submitted by: Howard Sword, Economic Development Director
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.
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.”
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
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
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
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.
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.
Resolution and Conditions of Approval
Street Closure Map
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,
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
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
11. Any inspections that are needed will be done by the City of Brentwood’s
12. Restore City Park and the streets affected by the closure to their
condition prior to the event.