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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: October 11, 2005

Subject/Title: Temporary Use Permit No. 05-21 to allow the Chamber of Commerce the use of City-owned property for their annual Holiday Parade, located within the downtown and affecting the closure of several streets.

Prepared by: Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve Temporary Use Permit No. 05-21 to allow for the use of City-owned property for the staging of the annual Holiday Parade sponsored by the Brentwood Chamber of Commerce for one day, Saturday, November 19th between the hours of 1:00 pm and 4:30 pm.

PREVIOUS ACTION
On April 13, 2005, 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 9, 2005, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Holiday Parade. The zoning ordinance requires any temporary use requesting the closure of City right-of-way to be approved by the City 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, Pine Street between First and Second Street, Second Street between Pine Street and Oak Street, as well as staging areas on Birch Street and a portion of First Street east of Birch Street.

The parade will consist of several hundred people proceeding on foot through the downtown area. The parade will consist of automobiles, floats, equestrians, members of the military, bands and scouts. 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).

The proposed parade hours are:

Saturday 1:00 pm to 2:00 pm – staging and setup
Saturday 2:00 pm to 4:30 pm – parade

It is staff’s opinion that this proposed parade will have a temporary impact upon surrounding businesses. Some areas of the downtown will not be accessible to vehicular traffic for three hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will also be moderately impacted in the downtown, as large portions of downtown streets will be closed from 1:00 pm through 4:30 pm on Saturday, November 19th. General parking is available in the City lot in front of City Hall and along Oak Street west of Second Street, the municipal parking lot on Second Street, and the two municipal lots on Brentwood Boulevard, as well as on-street parking throughout the downtown area not closed to traffic. City Park will be the terminus where four portable restrooms will be on-hand. There will also be two portable restrooms within the staging area. 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. The Holiday Parade is designed to kick off the winter shopping season and will expose the downtown to visitors that may not frequent the area.

FISCAL IMPACT
The total cost of providing police services for the 2005 Chamber of Commerce Holiday Parade has been estimated at $4,550.00 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.

Attachments:
Resolution
Exhibit A - Conditions of Approval
Exhibit B - Map with Street Closures

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 05-21 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 HOLIDAY PARADE TO BE HELD ON NOVEMBER 19, 2005.

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Holiday Parade on November 19, 2005, an event of local significance which attracts people to the community; and

WHEREAS, to accommodate the 2005 Brentwood Chamber of Commerce Holiday Parade, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 1:00 pm and 4:30 pm on November 19, 2005:

First Street from Fir Street to Pine Street.
Birch Street from First Street to Third Street.
Pine Street from First Street to Second Street.
Second Street from Oak Street to Brentwood Boulevard.
Left Turn Lane from southbound Brentwood Boulevard onto Second Street.
Left Turn lane from southbound Brentwood Boulevard onto Oak Street.

Additionally, the following streets will be closed to traffic:

Fir Street from Brentwood Boulevard to First Street.
Chestnut Street from Brentwood Boulevard to Fourth Street.
Oak Street from Brentwood Boulevard to Third Street.
Maple Street from Brentwood Boulevard to the east end of Maple 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 Brentwood Chamber of Commerce Holiday 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 05-21 and has ordered the Police Department to close the above mentioned streets, prohibit parking, and establish tow away zones between the hours of 1:00 pm and 4:30 pm, November 19, 2005:

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 11, 2005 by the following vote:

EXHIBIT "A" TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 05-21

1. Provide documentation of Police Department approval.

2. Provide documentation of Fire Department approval.

3. Provide proof of liability insurance coverage naming the city as additionally insured in the amount of $1,000,000.00 per occurrence.

4. The event hours are as follows:

5. Saturday 1:00 pm to 2:00 pm – Staging and Setup

6. Saturday 2:00 pm to 4:30 pm – Parade

7. Provide documentation that it will 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. Restore the streets affected by the closure and City Park to the conditions they were in prior to the event.

EXHIBIT "B" TO
CITY COUNCIL RESOLUTION NO.
MAP WITH STREET CLOSURES
 

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