CITY COUNCIL AGENDA ITEM
Meeting Date: October 11, 2005
Subject/Title: Temporary Use Permit No. 05-20 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, Assistant Planner
Submitted by: Howard Sword, Community Development Director
Adopt a resolution to approve Temporary Use Permit No. 05-20 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 29th, 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:
“Notwithstanding any other provision of this Chapter, the City Council shall
review the issuance of a Temporary Use Permit for the following events:
Cornfest, the Art and Wine Festival, Homecoming Parade, and Hometown
On September 9, 2005, 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-and-a-half blocks 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 just north of the Grazie parking lot in the downtown. The
appropriate permit is being pursued through the Police Department for the
physical street closures.
Hometown Halloween 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 minimal 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 2005 Chamber of Commerce
Hometown Halloween has been estimated at $2,015.00 by the Brentwood Police
Department based upon past years. This cost will be reimbursed to the Police
Department after the conclusion of the event. The Police Department will
deploy Reserve Officers, CSOs, and Volunteers where appropriate to reduce
Exhibit A - Conditions of Approval
Exhibit B - Map with Street Closures
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 05-20 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
CHAMBER OF COMMERCE HOMETOWN HALLOWEEN TO BE HELD ON OCTOBER 29, 2005.
WHEREAS, the Brentwood Chamber of Commerce will be holding their Hometown
Halloween on October 29, 2005, an event of significance; and
WHEREAS, to accommodate the 2005 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 29,
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 05-20 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 29, 2005.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on October 11, 2005 by the following vote:
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 05-20
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 on-site restroom facilities.
6. Designate handicapped parking on site.
7. Provide proof of liability insurance coverage naming the city as
additionally insured in the amount of $1,000,000.00 per occurrence.
8. The hours of operation are as follows:
9. Saturday, October 29, 2005 from 4:00 pm to 8:30 pm
10. 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.
11. Any inspections that are needed will be done by the City of Brentwood’s
12. Restore Oak Street and First Street to their condition prior to the
EXHIBIT “B” TO
CITY COUNCIL RESOLUTION NO.
MAP WITH STREET CLOSURES