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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: September 26, 2006

Subject/Title: Temporary Use Permit No. 06-11 to allow the Liberty Union High School the use of City owned property for the annual Homecoming Parade, located within the downtown and affecting the closure of surrounding streets.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 06-11 to allow for the use of City-owned property for the staging of the annual Homecoming Parade sponsored by the Liberty Union High School for one day, Friday, October 20th between the hours of 5:00 pm and 7:30 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: “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 August 21, 2006, Liberty Union High School submitted an application to use City right-of-way located in the downtown to hold its annual Homecoming Parade. Section 17.850.005(12) of the City of Brentwood Zoning Ordinance specifically requires the Homecoming Parade 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 parade route includes several of the streets in the downtown area. The route will include First Street west of Birch Street to Oak Street, Oak Street between First and Second Street, Second Street between Oak Street and Brentwood Boulevard, a short portion of Brentwood Boulevard between Second Street and Spruce Street, and Spruce Street between Brentwood Boulevard and the High School football field (where the parade will terminate) as well as staging areas on Birch Street and a portion of First Street east of Birch Street to Fir Street including the Garin School parking area. The appropriate permits are being pursued through the Engineering Department for the closure of one lane of Brentwood Boulevard/State Route 4 and the applicant is working with the Police Department for the physical street closures.

The parade will consist of several hundred people, largely students of Liberty High School, proceeding on foot through the downtown area. There will be several floats as well as approximately sixty-five vehicles participating in the parade. 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 Downtown Zone (DT), a Multi-family Residential Zone (R-3), and a Commercial, Office, Residential Zone (COR), allowing for mixed uses including residential, commercial, retail, service, office, dining, and social activities not usually permitted within a single-use zone.

The proposed parade hours are:

Friday 5:00 pm to 6:00 pm – staging and setup
Friday 6:00 pm to 7:30 pm – parade

Traffic will be moderately impacted in the downtown, as large portions of downtown streets will be closed from 5:00 pm through 7:30 pm on Friday, October 20th. General parking is available in the City lot in front of City Hall and along Oak Street west of Second Street (consisting of 84 stalls), the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area not closed to traffic. Persons wishing to access the downtown businesses may park in these lots and do so on foot. As the parade progresses along its route, barricades will be removed as it becomes safe to reopen certain streets to traffic, minimizing the time streets will be closed. 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. There have been no complaints in past years from residents or business owners concerning this particular function.

FISCAL IMPACT
The total cost of providing services for the 2006 Liberty Union High School Homecoming Parade has been estimated at $2700.00 by the Brentwood Police Department and $447.00 by the Community Development Department for a total of $3147.00. The applicant has met all fee waiver requirements under City Council Resolution No. 2006-18 and has been processed administratively due to the total fee waiver being below $5000.00. Approval of the fee waivers is contingent upon approval from both the Community Development Department and the City of Brentwood Police Department. If the fee waiver is not approved, the applicant would be responsible for all fees incurred if the use is pursued. 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 TEMPORARY USE PERMIT 06-11 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 2006 LIBERTY HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY OCTOBER 20, 2006.

WHEREAS, Liberty High School will be holding their annual Homecoming Parade on October 20, 2006, an event of great local significance which attracts moderate numbers of people to the community; and

WHEREAS, to accommodate the 2006 Liberty High School Homecoming Parade, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 5:00 pm and 7:30 pm on October 20, 2006:

First Street from Fir Street to Oak Street.
Birch Street from First Street to Third Street.
Oak Street from First Street to Second Street.
Second Street from Oak Street to Brentwood Boulevard.
Number 2 northbound lane of Brentwood Blvd. from Second Street to Spruce Street.
Spruce Street from Brentwood Boulevard to 250 feet east of the intersection.

Additionally, the following streets will be closed to traffic:

Fir Street from Diablo Way to First Street.
Elm Street from Diablo Way to First Street.
Chestnut Street from Diablo Way to Third Street.
Oak Street from Brentwood Boulevard to First Street.
Maple Street from Midway Alley to Second Street.
Maple Street from Second Street to the east end of Maple Street.
Pine Street from Midway Alley to Second 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 Liberty High School Homecoming 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 05-11 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 5:00 pm 7:30 pm, October 20, 2006.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on September 26, 2006 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 06-11

1. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1, date stamped August 31, 2006.

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 Contra Costa County Fire Department approval for street closure accessibility to the Community Development Department before date of event.

4. The applicant shall provide a certificate of insurance or statement of self-insurance coverage naming the city as additionally insured in the amount of $1,000,000.00 for general liability, automobile liability, employer’s liability and errors and omissions. This document must be provided to the City at least fourteen (14) business days prior to the start of the event.

5. The hours of operation are as follows:
Saturday, October 20, 2006 from 5:00 pm to 7:30 pm

6. The applicant shall provide a hold harmless agreement including the following language: Contractor or event sponsor shall hold harmless, defend and indemnify the City of Brentwood (City) and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with contractor’s or event sponsor’s performance or work hereunder or its failure to comply with any or its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City.

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

8. Applicant shall restore any areas used by the parade to the same or better condition at termination of the event.

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

10. The applicant shall remove any staging directions marked on city streets at the end of the event.

11. The applicant shall be responsible for all incurred fees if the fee waiver is not approved payable to the proper departments.

ATTACHMENT “1” TO
CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 06-11
 

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