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CITY COUNCIL AGENDA ITEM NO. 9

Meeting Date: September 26, 2006

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 06-13 to allow the Brentwood Chamber of Commerce the use of City owned property for the annual Holiday 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. 06-13 to allow for the use of City-owned property for the staging of the annual Holiday Parade sponsored by the Brentwood Chamber of Commerce for one day, Saturday, November 18th between the hours of 1:00 pm and 4:00 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, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Holiday Parade. Section 17.850.005(9) of the City of Brentwood Municipal Code requires any holiday events, including parades, to obtain a Temporary Use Permit (TUP). Section 17.850.004 requires that any temporary use seeking closure of city right-of-way must 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 parade route is located within the Downtown and proceeds through several zoning districts including the Downtown Zone and a Multi-family Residential Zone (R-3). The route through the Downtown streets will include First Street west of Birch Street, Pine Street between First and Second Street, Second Street between Pine Street and Oak Street, as well as staging areas on Birch Street and a portion of First Street east of Birch Street to Fir Street.

The parade will consist of several hundred people proceeding on foot through the downtown area along with the more traditional automobiles, floats, equestrians, members of the military, bands and scouts. 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.

The proposed parade hours are:

Saturday 1:00 pm to 2:00 pm – staging and setup
Saturday 2:00 pm to 4:00 pm – parade

It is staff’s opinion that the proposed parade will have a temporary impact upon surrounding businesses. Some areas of the downtown will not be accessible to vehicular traffic for three hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will also be moderately impacted in the downtown, as large portions of downtown streets will be closed from 1:00 pm through 4:00 pm on Saturday, November 18th. General parking is available in the City lot in front of City Hall and along Oak Street west of Second Street, the municipal parking lot on Second Street, and the two municipal lots on Brentwood Boulevard, as well as on-street parking throughout the downtown area not closed to traffic. City Park will be the terminus where four portable restrooms will be on-hand. There will also be two portable restrooms within the staging area. 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. The Holiday Parade is designed to kick off the winter shopping season and will expose the downtown to visitors that may not frequent the area.

FISCAL IMPACT
The total cost of providing police services for the 2006 Chamber of Commerce Holiday Parade has been estimated at $4,550.00 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 06-13 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 BRENTWOOD CHAMBER OF COMMERCE HOLIDAY PARADE TO BE HELD ON SATURDAY NOVEMBER 18, 2006.

WHEREAS, the Brentwood Chamber of Commerce will be holding their annual Holiday Parade on November 18, 2006, an event of great local significance which attracts moderate numbers of people to the community; and

WHEREAS, to accommodate the 2006 Brentwood Chamber of Commerce Holiday Parade, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 1:00 pm and 4:00 pm on November 18, 2006:

First Street from Fir Street to Pine Street.
Birch Street from First Street to Third Street.
Pine Street from First Street to Second Street.
Second Street from Oak Street to Brentwood Boulevard.
Left Turn Lane from southbound Brentwood Boulevard onto Second Street.
Left Turn lane from southbound Brentwood Boulevard onto Oak Street.

Additionally, the following streets will be closed to traffic:

Fir Street from Brentwood Boulevard to First Street.
Chestnut Street from Brentwood Boulevard to Fourth Street.
Oak Street from Brentwood Boulevard to Third Street.
Maple Street from Brentwood Boulevard to the east end of Maple 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 Chamber of Commerce Holiday 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 06-13 subject to the conditions of approval set forth in Exhibit A, attached hereto, authorizes the closure of the streets depicted in attachment 1 to Exhibit A, prohibits parking, and establishes tow away zones between the hours of 1:00 pm 4:00 pm, November 18, 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 06-13

1. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1, date stamped August 30, 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 proof of liability insurance coverage naming the city as additionally insured in the amount of $1,000,000.00 per occurrence before the date of the parade.

5. The hours of operation are as follows:
Saturday, November 18, 2006 from 1:00 pm to 4:00 pm

6. 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.

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 signs or barricades.

10. The applicant shall remove any staging directions marked on city streets and street closure notification signs posted within the right-of-way at the end of the event.

ATTACHMENT “1” TO
CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 06-13

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