CITY COUNCIL AGENDA ITEM
Meeting Date: November 14, 2006
Subject/Title: Temporary Use Permit No. 06-21 to allow the Immaculate Heart
of Mary Church the use of City owned property for the Lady of Guadalupe
procession affecting the closure of streets.
Prepared by: John Strandberg, Community Development Technician
Submitted by: Howard Sword, Community Development Director
Adopt a resolution approving Temporary Use Permit No. 06-21 to allow for the
use of City-owned property for the staging of the Lady of Guadalupe
procession sponsored by the Immaculate Heart of Mary Church for one day,
Sunday, December 10th between the hours of 1:00 pm and 2:00 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 November 1, 2006, the Immaculate Heart of Mary Church submitted an
application to use City right-of-way located along Minnesota Avenue and
Central Boulevard to hold its Lady of Guadalupe procession. 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 procession route is located within a residential area and proceeds
through several zoning districts including Planned Development Two and a
Residential Zone (R-1). The route through the streets will include beginning
at Bristow Middle School on Minnesota Avenue to Central Boulevard and ending
at the Immaculate Heart of Mary Church at the corner of Central Boulevard
and Fairview Avenue.
The parade will consist of several hundred people proceeding on foot through
the residential area. The procession formation and beginning will occur in
the Bristow Middle School parking area.
The proposed procession hours are:
Sunday 1:00 pm to 2:00 pm – staging and procession
It is staff’s opinion that the proposed procession will have no impact upon
surrounding residences. Some areas of the procession route will not be
accessible to vehicular traffic for a limited amount of time while the
procession moves by.
Traffic will be moderately impacted in the area, as portions of the streets
will be closed from 1:00 pm through 2:00 pm on Sunday, December 10th. As the
parade progresses along its route, barricades will be removed as it becomes
safe to reopen portions of the streets to traffic, minimizing the time
streets will be closed. Procession participants would park in the lot at
Bristow Middle School and use shuttles to retrieve their vehicles afterward.
The total cost of providing police services for the 2006 Immaculate Heart of
Mary Church Our Lady of Guadalupe procession has been estimated at $500.00
by the Brentwood Police Department. The exact 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.
2. Exhibit A - Conditions of Approval
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 06-21 AND ALLOWING THE USE OF CITY STREETS AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE 2006
IMMACULATE HEART OF MARY OUR LADY OF GUADULPUE PROCESSION TO BE HELD ON
SUNDAY DECEMBER 10, 2006.
WHEREAS, the Immaculate Heart of Mary Church will be holding their Our Lady
of Guadalupe procession on December 10, 2006; and
WHEREAS, to accommodate the 2006 Immaculate Heart of Mary Church, Our Lady
of Guadalupe procession, it is requested that the following streets be
closed to traffic between 1:00 pm and 2:00 pm on December 10, 2006:
Minnesota Avenue from Bristow Middle School to Central Boulevard
Central Boulevard from Minnesota Avenue to Fairview 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
Immaculate Heart of Mary Church, Our Lady of Guadalupe procession, 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; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves TUP 06-21 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, between the hours of 1:00 pm 2:00 pm,
December 10, 2006.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on November 14, 2006 by the following
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 06-21
1. All aspects of the proposed use and street closures shall be in
substantial conformance with Attachment 1, date stamped November 7, 2006.
2. Applicant shall provide documentation of Contra Costa County Fire
Department approval for street closure accessibility to the Community
Development Department before date of event.
3. 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.
4. The hours of procession are as follows:
Sunday, December 10, 2006 from 1:00 pm to 2:00 pm
5. Applicant shall 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.
6. Applicant shall restore any areas used by the procession to the original
or better condition at termination of the event.
7. No parking shall be allowed in front of any street closure signs or
ATTACHMENT “1” TO
EXHIBIT A, CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 06-21