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CITY COUNCIL AGENDA ITEM NO. 9

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

RECOMMENDATION
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.

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 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.

FISCAL IMPACT
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.

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 06-21 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 vote:

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 barricades.

ATTACHMENT “1” TO
EXHIBIT A, CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 06-21
 

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