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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: August 23, 2005

Subject/Title: Temporary Use Permit No. 05-11 to allow the Liberty Union High School the use of City owned property for the annual Homecoming Parade, located within the downtown and affecting the closure of surrounding streets.

Prepared by: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve Temporary Use Permit No. 05-11 to allow for the use of City owned property for the staging of the annual Homecoming Parade sponsored by the Liberty Union High School for one day, Friday, September 23rd between the hours of 5:00 pm and 7:30 pm.

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 July 26, 2005, the Liberty Union High School submitted an application to use City right-of-way located in the downtown to hold its annual Homecoming Parade. 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 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 parade route includes several of the streets in the downtown. The route will include First Street west of Birch Street to Oak Street, Oak Street between First and Second Street, Second Street between Oak Street and Brentwood Boulevard, a short portion of Brentwood Boulevard between Second Street and Spruce Street, and Spruce Street between Brentwood Boulevard and the High School football field (where the parade will terminate) as well as staging areas on Birch Street and a portion of First Street east of Birch Street. The appropriate permits are being pursued through the Engineering Department for the closure of one lane of Brentwood Boulevard/State Route 4 and the applicant is working with the Police Department for the physical street closures.

The parade will consist of several hundred people, largely students of Liberty High School, proceeding on foot through the downtown area. There will be several floats as well as approximately sixty-five vehicles participating in the parade. The parade formation will occur along First Street, east of Birch Street as well as on Birch Street north of First Street. The parade will start at the intersection of Birch and First Streets.

This parade route is located within the Downtown and proceeds through several zoning districts including the Central Business Zone (CB), a Multi-family Residential Zone (R-3), and a Commercial, Office, Residential Zone (COR), allowing for mixed uses including residential, commercial, retail, service, office, dining, and social activities not usually permitted within a single-use zone.

The proposed parade hours are:

Friday 5:00 pm to 6:00 pm – staging and setup
Friday 6:00 pm to 7:30 pm – parade

Traffic will be moderately impacted in the downtown, as large portions of downtown streets will be closed from 5:00 pm through 7:30 pm on Friday, September 23rd. General parking is available in the City lot in front of City Hall and along Oak Street west of Second Street (consisting of 84 stalls), the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area not closed to traffic. Persons wishing to access the downtown businesses may park in these lots and do so on foot. As the parade progresses along its route, barricades will be removed as it becomes safe to reopen certain streets to traffic, minimizing the time streets will be closed. This event is expected to draw five to eight hundred visitors to the parade and the greater downtown area of Brentwood over the course of the event. There have been no complaints in past years from residents or business owners concerning this particular function.

FISCAL IMPACT
The total cost of providing police services for the 2005 Liberty High School Homecoming Parade has been estimated at $2,500.00 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 the event. Unless directed otherwise by Council, police costs will be waived for this year's event as well. The applicant has also requested that the Temporary Use Permit Fee be waived. Given the nature of this event, staff feels that the waiver is appropriate. Unless otherwise directed by the Council, this processing fee will be waived for this year’s event. Staff is in the process of analyzing data and compiling a report that will show all waived fees, donations and charitable contributions for all organizations, in addition to establishing guidelines for future fee waiver requests and donations. This will be brought to Council in a separate staff report in the near future.

Attachments:
Resolution with Conditions of Approval
Parade Route Map with Street Closures
Letter Requesting Waiver of Fee

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 05-11 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 2005 LIBERTY HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON SEPTEMBER 23, 2005.

WHEREAS, the Liberty High School will be holding their annual Homecoming Parade on September 23, 2005, an event of great local significance which attracts moderate numbers of people to the community; and

WHEREAS, to accommodate the 2005 Liberty High School Homecoming Parade, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 5:00 pm and 7:30 pm on September 23, 2005:

First Street from Fir Street to Oak Street.
Birch Street from First Street to Third Street.
Oak Street from First Street to Second Street.
Second Street from Oak Street to Brentwood Boulevard.
Number 2 northbound lane of Brentwood Blvd. from Second Street to Spruce Street.
Spruce Street from Brentwood Boulevard to 250 feet east of the intersection.

Additionally, the following streets will be closed to traffic:

Fir Street from Diablo Way to First Street.
Elm Street from Diablo Way to First Street.
Chestnut Street from Diablo Way to Third Street.
Oak Street from Brentwood Boulevard to First Street.
Maple Street from Midway Alley to Second Street.
Maple Street from Second Street to the east end of Maple Street.
Pine Street from Midway Alley to Second Street.
Third Street from Oak Street to Birch Street.
Second Street from Oak Street to Birch Street.
Delta Avenue.
Rolando Avenue.
Cesa Avenue.

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 Liberty High School Homecoming Parade 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 05-11 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 5:00 pm 7:30 pm, September 23, 2005.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on August 23, 2005 by the following vote:

CONDITIONS OF APPROVAL
FOR TUP 05-11

1. Provide documentation of Police Department approval.

2. Provide documentation of Fire Department approval.

3. Provide proof of insurance coverage.

4. The event hours are as follows:

Friday 5:00 pm to 6:00 pm – staging and setup
Friday 6:00 pm to 7:30 pm – parade

5. 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.

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

City Administration
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