CITY COUNCIL AGENDA ITEM
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
Prepared by: Tim Nielsen, Assistant Planner
Submitted by: Howard Sword, Community Development Director
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.
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 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
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
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
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.
Resolution with Conditions of Approval
Parade Route Map with Street Closures
Letter Requesting Waiver of Fee
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
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
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.
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