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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: November 9, 2004

Subject/Title: Temporary Use Permit No. 04-34 to allow the Diablo Funding Group the use of City owned property for the Thanksgiving Freedom Run, located near the downtown that requires the closure of surrounding streets.

Prepared by: Tim Nielsen, Planning Technician

Submitted by: Howard Sword, Economic Development Director

RECOMMENDATION
Approve Temporary Use Permit No. 04-34 to allow for the use of City owned property for the staging of the Thanksgiving Freedom Run sponsored by the Diablo Funding Group for one day, Saturday, November 20th between the hours of 9:00 am and 10:30 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 September 29, 2004, the Diablo Funding Group submitted an application to use City right-of-way located in and around the downtown to hold a Thanksgiving Freedom Run to benefit the Freedom Alliance. Previously, such uses were able to use the downtown streets without having to obtain a TUP. Since the change in the ordinance, 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 route includes several of the streets in the downtown. The route will include Oak Street from Second Street to Chestnut Street, Garin Parkway from Oak Street to Spruce Street including that intersection, Chestnut Street from Oak Street to Garin Parkway, Garin Parkway from Chestnut Street to Balfour Road, Guthrie Lane from Balfour Road to Brentwood Boulevard, Fourth Street from Oak Street to Chestnut Street, Chestnut Street from Fourth Street to First Street, Third Street from Chestnut Street to Birch Street, Birch Street from Third Street to First Street, and First Street from Garin School to Chestnut Street. The appropriate permits are being pursued through the Police Department for the physical street closures.

The fun run will consist of approximately three hundred people (between the 1 mile and the 10 kilometer routes) proceeding on foot through the downtown and areas to the east and south. The run will start and finish at the intersection of Oak and Third Streets. The City parking lot in front of City Hall will be used as a staging area as well as an expo area to display automobiles.

This route is located within the Downtown and areas to the east and south and proceeds through several zoning districts including the Central Business Zone (CB), a Multi-family Residential Zone (R-3), Public Facility Zone (PF), and several Planned Developments allowing for single family residential uses.

The proposed Freedom Run hours are:

Saturday 7:00 am to 9:00 am – staging and setup
Saturday 9:00 am to 10:30 am – Freedom Run

Traffic will be moderately impacted in the downtown, as portions of downtown streets will be closed from 8:30 am to 10:30 pm on Saturday, November 20th. General parking is available in the City lot on Second Street, the two municipal lots on Brentwood Boulevard, as well as on-street parking throughout the downtown area not closed to traffic.

The one mile route will be closed to traffic during the entire time of that race. The 10 kilometer will begin first and as soon as the runners clear the route of the one mile run, that event will begin. Upon its conclusion, the street will be reopened to traffic. Pace vehicles will be used in front of and behind the group of runners on the 10 kilometer route. As the run progresses along its route, personnel used to close streets will be removed and move to locations farther along the route to block streets until the runners have passed. Streets will be reopened to traffic as it becomes safe to do so, minimizing the time streets will be closed. This event is expected to draw three hundred participants to the greater downtown area of Brentwood over the course of the event.

FISCAL IMPACT
The total cost of providing police services for the 2004 Thanksgiving Freedom Run has been estimated at $2,600.00 by the Brentwood Police Department. The applicant has requested that these fees be absorbed by the City, however, unless staff is directed otherwise by the Council, these fees will be charged to the applicant. The police Department will deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce personnel costs.

ATTACHMENTS:
A. Resolution with Conditions of Approval
B. Route Map with Street Closures
C. Map of Staging Area
D. Event Narrative

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 04-34 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 DIABLO FUNDING GROUP THANKSGIVING FREEDOM RUN TO BE HELD ON NOVEMBER 20, 2004.

WHEREAS, the Diablo Funding Group will be holding a Freedom Run on November 20, 2004, an event of significance which attracts people to the downtown area; and

WHEREAS, to accommodate the 2004 Diablo Funding Group Thanksgiving Freedom Run, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 8:30 am and 10:30 am on November 20, 2004:

Oak Street from Second Street to Chestnut Street

Additionally, the following streets shall be closed to traffic:

Garin Parkway from Oak Street to Spruce Street including that intersection
Chestnut Street from Oak Street to Garin Parkway
Garin Parkway from Chestnut Street to Balfour Road
Guthrie Lane from Balfour Road to Brentwood Boulevard
Fourth Street from Oak Street to Chestnut Street
Chestnut Street from Fourth Street to First Street
Third Street from Chestnut Street to Birch Street
Birch Street from Third Street to First Street
First Street from Garin School to Chestnut 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 Diablo Funding Group Freedom Run 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 04-34 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 8:30 am 10:30 am, November 20, 2004.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on November 9, 2004 by the following vote:

Conditions of Approval for TUP 04-34

1. The event hours are as follows:

Saturday 7:30 am to 9:00 am – staging and setup
Saturday 9:00 am to 10:30 am – Freedom Run

2. Restore the streets affected by the closure to their condition prior to the event.

3. Pick-up and dispose of any trash within the staging area as a result of the event.
 

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