CITY COUNCIL AGENDA ITEM
Meeting Date: October 12, 2004
Subject/Title: Temporary Use Permit No. 04-31 to allow the Chamber of
Commerce the use of City owned property for their Hometown Halloween,
located within the downtown and affecting the closure of several streets.
Prepared by: Tim Nielsen, Planning Technician
Submitted by: Howard Sword, Economic Development Director
Approve Temporary Use Permit No. 04-31 to allow for the use of City owned
property for the staging of the annual Hometown Halloween sponsored by the
Brentwood Chamber of Commerce for one day, Saturday, October 30th between
the hours of 4:00 pm and 8:30 pm.
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 13, 2004, the Brentwood Chamber of Commerce submitted an
application to use City right-of-way located in the downtown to hold its
annual Hometown Halloween. The zoning ordinance specifically requires
Hometown Halloween to obtain a Temporary Use Permit approved by City
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 location is one block of Oak Street between Diablo Way and
Second Street, not to include the Second Street intersection and First
Street between Oak Street and mid-block between Oak Street and Chestnut
Street near the Grazie parking lot in the downtown. The appropriate permit
is being pursued through the Police Department for the physical street
The Fall Festival is expected to draw five thousand people from the
community at large. There are proposed attractions in the right-of-way for
kids where candy and informational flyers will be handed out by Brentwood
businesses as well as a haunted house in the Omni Funding Office located on
The proposed festival is located in the Central Business Zone (CB), allowing
for mixed uses including residential, commercial, office, dining, and social
activities not usually permitted within a single-use zone.
The festival hours are:
Saturday 4:00 pm to 5:00 pm – setup
Saturday 5:00 pm to 8:00 pm – festival
Saturday 8:00 pm to 8:30 pm – clean-up
It is staff’s opinion that this proposed festival will have moderate impact
upon surrounding businesses. These sections of street will be open to foot
traffic only, exposing downtown businesses to residents that may not
frequent the downtown. Closing these sections of First Street and Oak Street
will still allow traffic to circulate in the downtown. Parking will be
available along adjacent streets and in the municipal lots along Brentwood
Boulevard and Second Street.
The total cost of providing police services for the 2004 Chamber of Commerce
Hometown Halloween has been estimated at $1,115.00 by the Brentwood Police
Department based upon past years. The police Department will deploy Reserve
Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.
A. Resolution with Conditions of Approval
B. Map with Street Closures
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 04-31 AND ALLOWING THE USE OF CITY STREETS AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO
PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2004
CHAMBER OF COMMERCE HOMETOWN HALLOWEEN TO BE HELD ON OCTOBER 30, 2004.
WHEREAS, the Brentwood Chamber of Commerce will be holding their Hometown
Halloween on October 30, 2004, an event of significance; and
WHEREAS, to accommodate the 2004 Chamber of Commerce Hometown Halloween, it
is requested that the following streets be closed to traffic and no parking
and tow away zones be established between 4:00 pm and 8:30 pm on October 30,
Oak Street from Diablo Way to Second Street.
First Street from Oak Street to mid-block between Oak Street and Chestnut
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
Chamber of Commerce Hometown Halloween 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 04-31 and has ordered the Police Department to close the
above mentioned streets, prohibit parking, and establish tow away zones
between the hours of 4:00 pm and 8:30 pm, October 30, 2004.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on October 12, 2004 by the following vote:
Conditions of Approval for TUP 04-31
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 insurance coverage.
6. The hours of operation are as follows:
• Saturday, October 30, 2004 from 4:00 pm to 8:30 pm
7. 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 caused solely
by the City’s active negligence.
8. Any inspections that are needed will be done by the City of Brentwood’s
9. Restore Oak Street and First Street to its condition prior to the event.