CITY COUNCIL AGENDA ITEM
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
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.
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 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.
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
2. Exhibit A - Conditions of Approval
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,
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 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
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
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.
MAP WITH STREET CLOSURES