CITY COUNCIL AGENDA ITEM
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
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.
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 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
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
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
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.
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.
2. Exhibit A - Conditions of Approval
3. Exhibit B – Standard Operating Procedures
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
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
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
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
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.