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CITY COUNCIL AGENDA ITEM NO. 11

Meeting Date: September 26, 2006

Subject/Title: Adopt a resolution approving an amendment to the conditions of Temporary Use Permit No. 06-12 to allow the Brentwood Arts Commission the use of City-owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days – Friday, September 29th, Saturday, September 30th and Sunday, October 1st, 2006, located within City Park and affecting the closure of surrounding streets.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve amendment to the approved hours of operation for Temporary Use Permit No. 06-12 to allow for the use of City owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days, Friday, September 29th, Saturday, September 30th and Sunday, October 1st, 2006.

The applicant would like to amend the approved Temporary Use Permit hours from Saturday, September 30, 10:00 a.m. to 6:00 p.m. to Saturday, September 30, 11:00 a.m. to 7:00 p.m.
The approved festival hours currently are:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 10:00 a.m. Setup
Saturday 10:00 a.m. – 6:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup

The proposed new hours would be as follows:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 11:00 a.m. Setup
Saturday 11:00 a.m. – 7:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup

FISCAL IMPACT
The total cost of providing police services for the 2005 Brentwood Art and Wine festival has been estimated at $4,000.00 by the Brentwood Police Department. Parks and Recreation will be bringing a fee waiver request for the Arts Commission to the meeting of September 26, 2006 for approval. If the fee waiver is denied, the applicant will be responsible for all fees incurred. The Police Department will deploy Reserve Officers where appropriate to reduce personnel costs.

Attachments:
1. Resolution
2. Approved Staff Report and Resolution including attachments

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO THE APPROVED HOURS FOR TUP 06-12.

WHEREAS, the Brentwood Art Commission will be holding its annual Art and Wine Festival on September 30, 2006 and October 1, 2006, an event of great local significance which attracts great numbers of people to the community; and

WHEREAS, the City Council adopted Resolution No. 2006-215 approving TUP 06-12 on September 12, 2006; and

WHEREAS, the applicant has requested an amendment of the hours from 10:00 a.m. to 6:00 p.m. on Saturday September 30, 2006 to 11:00 a.m. to 7:00 p.m. on Saturday September 30, 2006.

NOW, THEREFORE BE IT RESOLVED that;

1. The City Council of the City of Brentwood hereby approves an amendment to TUP 06-12, Resolution No. 2006-215, to modify the hours on Saturday September 30, 2006 from 10:00 a.m. to 6:00 p.m. to 11:00 a.m. to 7:00 p.m.

2. The hours for the event are as follows:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 11:00 a.m. Setup
Saturday 11:00 a.m. – 7:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup


PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 26, 2006 by the following vote:


ATTACHMENT 2

CITY COUNCIL AGENDA ITEM NO. 24


Meeting Date: September 12, 2006

Subject/Title: Temporary Use Permit No. 06-12 to allow the Brentwood Arts Commission the use of City-owned property for the annual Art and Wine Festival, located within City Park and affecting the closure of surrounding streets.

Prepared by: John Strandberg, Community Development Technician

Submitted by: Howard Sword, Community Development Director


RECOMMENDATION
Approve Temporary Use Permit No. 06-12 to allow for the use of City owned property for the staging of the annual Art and Wine Festival sponsored by the Brentwood Arts Commission for 3 days, Friday, September 29th, Saturday, September 30th and Sunday, October 1st, 2006.

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 24, 2006, the Brentwood Arts Commission submitted an application to use City-owned property located on the corner of Second Street and Oak Street to hold its annual Art and Wine Festival. Since the event requires closure of City streets, it is appropriate that this application be approved by the Council pursuant to section 17.850.004 of the City of Brentwood Municipal Code.

The criteria for approval when evaluating a request for a TUP includes consideration given to 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 site consists of City Park at the northeast corner of the intersection of Second Street and Oak Street, the parking lot in front of City Hall and the parking lot on Maple Street between City Park and Liberty High School. The applicant is proposing to locate approximately thirty 10’ x 10’ vendor canopies throughout City Park, several food booths where beer and wine will be sold, as well as live music performed on the City of Brentwood’s mobile stage. Portable restrooms (including handicapped) and sinks will also be located on site. The Art and Wine Festival will include the sale of alcohol and appropriate permits are being pursued through the Police Department. Additionally, there would be two street closures located at the parking lot in front of City Hall on Third Street, and Maple Street east of Second Street between the City Park and Liberty High School.

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 proposed festival hours are:

Friday 12:00 p.m. – 11:00 p.m. Setup
Saturday 6:00 a.m. – 10:00 a.m. Setup
Saturday 10:00 a.m. – 6:00 p.m. Festival
Sunday 10:00 a.m. – 6:00 p.m. Festival
Sunday 6:00 p.m. – 9:00 p.m. Cleanup

It is staff’s opinion that this proposed festival will have minimal impact upon surrounding businesses. Proposed street closures are minimal so as not to have impact upon the parking situation around CAP’s Restaurant and Second Street businesses directly. The street closures will be the same as the festival hours on Saturday and Sunday, but will remain open on Friday. Impact on offices will be non-existent, given that the event will not take place during working hours. There have been no complaints in past years from residents or business owners concerning this particular function.

Traffic will be minimally impacted in the downtown, as only Maple Street east of Second Street and the parking lot in front of City Hall will be closed to traffic. The parking stalls on the north and south sides of Oak Street will be available to patrons of CAP’s and other areas of the central business district. Parking for the event will be available to the handicapped on Maple Street just east of Second Street within the area designated for street closure. General event parking is available in the City lot (consisting of approximately 60 stalls) north of Second Street, the two municipal lots on Brentwood Boulevard totaling 84 stalls, as well as on-street parking throughout the downtown area. This event will foster a more pedestrian use of the downtown area, exposing local businesses to foot traffic. This event is expected to draw 7,000 to 10,000 visitors to the festival and the greater downtown area of Brentwood over the two day period, exposing local businesses to patrons who would not usually shop in the area.

FISCAL IMPACT
The total cost of providing police services for the 2005 Brentwood Art and Wine festival has been estimated at $4,000.00 by the Brentwood Police Department. Parks and Recreation will be bringing a fee waiver request for the Arts Commission to the next council meeting for approval. The Police Department will deploy Reserve Officers where appropriate to reduce personnel costs.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval
 

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