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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: September 12, 2006

Subject/Title: Temporary Use Permit No. 06-12 to allow the Brentwood Arts Commission the use of City-owned property for the annual Art and Wine Festival, located within City Park and affecting the closure of surrounding streets.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve Temporary Use Permit No. 06-12 to allow for the use of City owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days, Friday, September 29th, Saturday, September 30th and Sunday, October 1st, 2006.

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: “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 Halloween.”

BACKGROUND
On August 24, 2006, the Brentwood Arts Commission submitted an application to use City-owned property located on the corner of Second Street and Oak Street to hold its annual Art and Wine Festival. Since the event requires closure of City streets, it is appropriate that this application be approved by the Council pursuant to section 17.850.004 of the City of Brentwood Municipal Code.

The criteria for approval when evaluating a request for a TUP includes consideration given to 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 site consists of City Park at the northeast corner of the intersection of Second Street and Oak Street, the parking lot in front of City Hall and the parking lot on Maple Street between City Park and Liberty High School. The applicant is proposing to locate approximately thirty 10’ x 10’ vendor canopies throughout City Park, several food booths where beer and wine will be sold, as well as live music performed on the City of Brentwood’s mobile stage. Portable restrooms (including handicapped) and sinks will also be located on site. The Art and Wine Festival will include the sale of alcohol and appropriate permits are being pursued through the Police Department. Additionally, there would be two street closures located at the parking lot in front of City Hall on Third Street, and Maple Street east of Second Street between the City Park and Liberty High School.

The proposed festival is located within the Downtown Specific Plan Zone, allowing for mixed uses including residential, commercial, office, dining, and social activities not usually permitted within a single-use zone.

The proposed festival hours are:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 10:00 a.m. Setup
Saturday 10:00 a.m. – 6:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup

It is staff’s opinion that this proposed festival will have minimal impact upon surrounding businesses. Proposed street closures are minimal so as not to have impact upon the parking situation around CAP’s Restaurant and Second Street businesses directly. The street closures will be the same as the festival hours on Saturday and Sunday, but will remain open on Friday. Impact on offices will be non-existent, given that the event will not take place during working hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will be minimally impacted in the downtown, as only Maple Street east of Second Street and the parking lot in front of City Hall will be closed to traffic. The parking stalls on the north and south sides of Oak Street will be available to patrons of CAP’s and other areas of the central business district. Parking for the event will be available to the handicapped on Maple Street just east of Second Street within the area designated for street closure. General event parking is available in the City lot (consisting of approximately 60 stalls) north of Second Street, the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area. This event will foster a more pedestrian use of the downtown area, exposing local businesses to foot traffic. This event is expected to draw 7,000 to 10,000 visitors to the festival and the greater downtown area of Brentwood over the two day period, exposing local businesses to patrons who would not usually shop in the area.

FISCAL IMPACT
The total cost of providing police services for the 2005 Brentwood Art and Wine festival has been estimated at $4,000.00 by the Brentwood Police Department. Parks and Recreation will be bringing a fee waiver request for the Arts Commission to the next council meeting for approval. The Police Department will deploy Reserve Officers where appropriate to reduce personnel costs.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TUP 06-12 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2006 BRENTWOOD ART COMMISSION ART AND WINE FESTIVAL TO BE HELD ON SEPTEMBER 30, 2006 AND OCTOBER 1, 2006.

WHEREAS, the Brentwood Art Commission will be holding its annual Art and Wine Festival on September 30, 2006 and October 1, 2006, an event of great local significance which attracts great numbers of people to the community; and

WHEREAS, to accommodate the 2005 Brentwood Arts Commission Art and Wine Festival, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 6:00 am Saturday, September 30 through 6:00pm Sunday, October 1, 2006:

Maple Street east of Second Street.
City Hall Parking Lot on Third and Oak Streets.

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 Art and Wine Festival 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), signs noticing no parking and tow away zones shall be posted at least 24 hours before the closure goes into effect and 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 06-12, subject to the condition of approval set forth in Exhibit A, attached, hereto, and authorizes the closure of the streets depicted in Attachment 2 to Exhibit A, prohibits parking, and establish tow away zones between the hours of 6:00 am, September 30, 2006, and 6:00 pm, October 1, 2006.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 12, 2006 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO
CONDITIONS OF APPROVAL
FOR TUP 06-12

1. Obtain (if necessary) an Electrical Permit from the City of Brentwood Building Department for stalls requiring electrical power.

2. Applicant shall provide documentation of City of Brentwood Police Department approval for street closures to the Community Development Department before date of the event.

3. Applicant shall provide documentation of Health Department approval for food services to the Community Development Department before date of the event.

4. Applicant shall provide documentation of Contra Costa County Fire Department approval for street closure accessibility to the Community Development Department before date of the event.

5. Applicant shall provide proof of contract for portable toilet facilities before the date of the event to the Community Development Department.

6. Applicant shall provide proof of contract for trash bins before the date of the event to the Community Development Department.

7. Applicant shall provide proof of liability insurance coverage before the date of the event to the Community Development Department.

8. The hours of operation for the event are as follows:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 10:00 a.m. Setup
Saturday 10:00 a.m. – 6:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup

9. Any inspections that are needed will be done by the City of Brentwood’s Building Department.

10. The applicant shall restore City Park and the streets affected by the closure to their condition prior to the event within 48 hours of event closure.

11. No parking shall be allowed in front of any street closure barricades.

12. Twelve (12) signs with a sign area no larger than 3’X3’ advertising the Art and Wine Festival shall be allowed throughout the city with only two (2) sign allowed at a street intersection at a time. A map showing their location must be submitted and approved by the Community Development Department before placement. Signage shall be allowed from September 15, 2006 through October 2, 2006.

13. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1 - Festival Layout, and Attachment 2 - Street Closures.

ATTACHMENT 1 – FESTIVAL LAYOUT

ATTACHMENT 2 – FESTIVAL STREET CLOSURE
 

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