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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: September 12, 2006

Subject/Title: Temporary Use Permit No. 06-10 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: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Adopt a resolution to approve Temporary Use Permit No. 06-10 to allow for the use of City-owned property for the staging of the annual Hometown Halloween sponsored by the Chamber of Commerce for one day, Saturday, October 28th, between the hours of 4:00 pm and 8:30 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: “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 17, 2006, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Hometown Halloween. Section 17.850.005(12) of the City of Brentwood Zoning Ordinance specifically requires Hometown Halloween to obtain a Temporary Use Permit (TUP) to be approved by 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 location consist of 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 more than 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 bus sponsored by Tri Delta Transit located on the western corner of First and Oak Streets across from the existing fountain. The bus will be conditioned to remain stationary during the course of the event.

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 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 otherwise 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, Second Street, and adjunct to the City Park.

FISCAL IMPACT
The total cost of providing police services for the 2006 Chamber of Commerce Hometown Halloween has been estimated at $2,215.00 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 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 TEMPORARY USE PERMIT 06-10 AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES FOR HOMETOWN HALLOWEEN TO BE HELD ON OCTOBER 28, 2006.

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Hometown Halloween on October 28, 2006, an event of significance; and

WHEREAS, to accommodate the 2006 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 28, 2006:

Oak Street from Diablo Way to Second Street.
First Street from Oak Street to mid-block between Oak Street and Chestnut 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 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 06-10, subject to the conditions of approval set forth in Exhibit A, attached hereto, and authorizes the closure of the streets depicted in Attachment 1 to Exhibit A, prohibit parking, and establish tow away zones between the hours of 4:00 pm and 8:30 pm, October 28, 2006.

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

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 06-10

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 event.

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

5. Applicant shall provide adequate on-site restroom facilities to the satisfaction of the City of Brentwood’s Community Development Department before opening of the event.

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:
Saturday, October 28, 2006 from 4:00 pm to 8:30 pm

9. 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.

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

11. Restore Oak Street, First Street and any areas used by the festival to the same or better condition prior to the event.

12. Any vehicles, including the Tri Delta Transit Bus, placed within the festival area shall not be moved until festival has concluded.

13. No booths shall be placed in front of any fire hydrants.

14. A 20 foot wide path shall be maintained down the center of all closed streets to allow access for emergency vehicles if needed.

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

16. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1, date stamped August 17, 2006.

ATTACHMENT 1
MAP WITH STREET CLOSURES
 

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