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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: May 8, 2007

Subject/Title: Temporary Use Permit No. 07-07 to allow the Pacific Coast Farmers’ Market Association the use of City-owned property for the Brentwood Farmers’ Market affecting the closure of streets.

Prepared by: Linda Maurer, Economic Development Manager
Tim Nielsen, Assistant Planner

Submitted by: Howard Sword, Director of Community Development

RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 07-07 to allow for the use of City-owned property for the staging of the Brentwood Farmers’ Market sponsored by the Pacific Coast Farmers Market Association for 23 days, occurring weekly on Saturdays, beginning Saturday, May 19th and ending Saturday, October 27th, 2007 between the hours of 8:00 am and 12:00 noon.

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 April 10, 2007, the Pacific Coast Farmers Market Association submitted an application to use City right-of-way located along First Street to hold the Brentwood Farmers’ Market. Section 17.850.004 requires that any temporary use seeking closure of City right-of-way must be approved by the 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 Brentwood Farmers’ Market is located within the Downtown Core commercial area of the Downtown Specific Plan. The actual street closure would include First Street from the intersection of Oak Street to a point approximately 80 feet north of Chestnut Street. The Farmers’ Market is scheduled from 8:00 am to 12:00 noon every Saturday, beginning May 19, 2007 until October 27, 2007 with the exception of July 14, 2007 in order to ensure that the Downtown is minimally impacted during the annual Cornfest event. The actual street closure will begin at 6:00 am and end at 1:00 pm each day in order to accommodate the necessary setup and tear-down associated with the Market. In 2006, the Farmers’ Market was held on Thursday afternoons in City Park. The new day, time and location have been recommended by the Agricultural Enterprise Committee, a subcommittee of the City Council consisting of Vice Mayor Bob Brockman and Councilmember Erick Stonebarger.

The Brentwood Farmers’ Market will consist of approximately 40 vendor stalls set up along either side of First Street. The stalls will be erected within the right-of-way and will allow enough room within the aisle for emergency vehicles should they need to access that portion of the roadway. The market may draw as many as 2,000 customers in addition to the vendors over the course of each Saturday that the market is in operation.

The proposed Brentwood Farmers’ Market hours are:

Saturday from 8:00 am to 12:00 noon – Farmers’ Market
Saturday from 6:00 am to 1:00 pm – actual hours of the street closure

It is staff’s opinion that the proposed market will have minimal impact upon surrounding residences and business establishments. The only residence located on the block in question is located south of the proposed market location and the street closures have been designed in such a way that vehicular access to the residence will be maintained. Businesses located along that particular portion of First Street will remain accessible to pedestrians and several of the affected businesses located on the east side of the street have private parking areas that are accessible from Midway Alley. Additionally, the market is likely to draw many people who typically do not frequent the Downtown on a regular basis, increasing exposure for local merchants.

Traffic will be minimally impacted in the area, as this portion of First Street will be closed from 6:00 am to 1:00 pm on each Saturday for several months during the summer and fall months. Only one block of First Street is affected by the closure and the major traffic conduits through the downtown (Oak and Chestnut Streets) will not be affected, allowing unrestricted east-west traffic flow.

FISCAL IMPACT
The Agricultural Enterprise Committee has recommended a donation not to exceed $20,000 to the Chamber of Commerce in order to provide basic support for the Brentwood Farmers’ Market and to help promote and market the event. This donation is being considered by the City Council under a separate item.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval
3. Exhibit B – Standard Operating Procedures

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT 07-07 AND ALLOWING THE USE OF CITY STREETS AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS IN ORDER TO FACILITATE THE 2007 PACIFIC COAST FARMERS’ MARKET ASSOCIATION FARMERS MARKET TO BE HELD ON SATURDAYS BEGINNING MAY 19, 2007 AND ENDING OCTOBER 27, 2007 WITH THE EXCEPTION OF JULY 14, 2007.

WHEREAS, the Pacific Coast Farmers’ Market Association will be holding their farmers market on each Saturday beginning May 19, 2007 until October 27, 2007, with the exception of July 14, 2007 in order to facilitate the annual CornFest; and

WHEREAS, to accommodate the 2007 Pacific Coast Farmers’ Market Association, it is requested that the following streets be closed to traffic between 6:00 am and 1:00 pm on Saturdays beginning May 19, 2007 until October 27, 2007 with the exception of July 14, 2007: First Street from Oak Street to a point approximately 80 feet north of Chestnut Street; and

WHEREAS, pursuant to Vehicle Code Section 21101(e), the City may temporarily close portions of streets for local special events such as the Brentwood Farmers’ Market, 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 07-07 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 6:00 am and 1:00 pm, each Saturday beginning May 19, 2007 and ending October 27, 2007 with the exception of July 14, 2007.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on May 8, 2007 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 07-07

1. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1, dated received April 10, 2007.

2. No parking shall be allowed in front of any street closure signs or barricades.

3. This Temporary Use Permit shall be valid Saturday mornings beginning May 19th, 2007 through October 27th, 2007, excluding July 14, 2007.

4. Hours of operation shall be limited to 8:00 am through 12:00 noon each Saturday. No vendor shall begin sales or distribution prior to 8:00 am.

5. Setup may not begin prior to closure of the streets at 6:00 am each of the days that the market is in operation.

6. Subject to the approval of the Chief of Police, vehicles and/or other appropriate mechanisms must be placed at both ends of the market (within the barricaded area), blocking First Street to through-traffic. These vehicles must be in place prior to 8 am and the drivers must be readily on-hand to move them in the event of an emergency. Temporary signage must be placed on these vehicles identifying the area beyond them as being utilized for the Farmers’ Market.

7. Barricades must be placed as shown on ‘Attachment 1’ of this exhibit.

8. The street must be restored to its normal status and all Market-related tear-down must be completed no later than 1:00 pm each of the days that the market is in operation.

9. A central fire-lane must be maintained down the middle of the market area meeting fire district requirements, or a minimum dimension of 16 feet, whichever is greater. A copy of a fire district-approved site plan must be provided to the Community Development Department prior to May 19, 2007.

10. No parking spaces may be reserved for vendors. Vendor parking is available on a first-come-first-served basis.

11. The applicant must work with the City of Brentwood Solid Waste Division to schedule a garbage pick-up after each event.

12. A representative from the Pacific Coast Farmers Market Association must be present at each event to monitor setup and tear-down.

13. The applicant shall provide proof of liability insurance coverage naming the City of Brentwood as additionally insured in the amount of $1,000,000.00 per occurrence prior to May 19, 2007.

14. The applicant shall post and maintain a clean-up/repair bond in the amount of $1,000.00 with the City Engineer.

15. The applicant shall repair any damage caused by the weekly events or the Public Works Department will repair the damage and cash the posted bond.

16. The applicant shall provide verification of non-profit status to the Community Development Department prior to May 19th, 2007.

17. Provide proof of contract for portable toilet facilities or a written agreement with a business owner occupying space fronting the market area allowing market patrons the use of restroom facilities. Prior to installation of any portable restroom facilities, the applicant shall submit a site plan showing the proposed restroom locations for the review and approval of the Community Development Director.

18. Provide a written statement to the satisfaction of the City’s Risk Manager stating 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 causes solely by the City’s active negligence.

19. The Pacific Coast Farmers Market Association shall make a good faith effort to work with City staff in addressing any concerns that arise relating to the placement or operation of the market.
 

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