CITY COUNCIL AGENDA ITEM
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
Prepared by: John Strandberg, Community Development Technician
Submitted by: Howard Sword, Community Development Director
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.
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.”
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
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
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
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
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.
2. Exhibit A - Conditions of Approval
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,
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
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.
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
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
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