CITY COUNCIL AGENDA ITEM
Meeting Date: August 14, 2007
Subject/Title: Adopt a Resolution approving Temporary Use Permit No. 07-11
to allow the City of Brentwood, through its Arts Commission, the use of
City-owned property for the annual Art, Wine, and Jazz 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
Adopt a resolution approving Temporary Use Permit No. 07-11 to allow for the
use of City-owned property for the staging of the annual Art, Wine, and Jazz
Festival sponsored by the City of Brentwood, through its Arts Commission,
for three days, Friday, September 28th, Saturday, September 29th and Sunday,
September 30th, 2007.
On April 13, 2004, the City Council approved an amendment to the code
section for Temporary Use Permits. The amended code, §17.850.005.12,
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, Wine, and Jazz Festival, Homecoming
Parade, and Hometown Halloween.”
On June 21, 2007, the City of Brentwood, through its Arts Commission,
submitted an application to use City-owned property located on the corner of
Second Street and Oak Street to hold its 7th annual Art, Wine, and Jazz
The criteria for approval when evaluating a request for a Temporary Use
Permit 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, Wine, and Jazz Festival will
include the sale of alcohol and appropriate permits are being pursued
through the Police Department and the California Department of Alcoholic
Beverage Control. 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 area,
allowing for mixed uses including residential, commercial, office, dining,
and social activities.
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. – 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
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 coincide with the festival
hours on Saturday and Sunday, but will not be closed during the setup on
Friday. Impacts on offices will be negligible, given that the event will not
take place during typical business hours. There have been no complaints in
past years from residents or business owners concerning this particular
Traffic will be minimally impacted in the downtown area, 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 downtown
area. 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) west 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 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 days, exposing local businesses to
patrons who would not usually shop in the area.
The total cost of providing police services for the 2007 Brentwood Art,
Wine, and Jazz Festival has been estimated at $4,245.87 by the Brentwood
Police Department which has been included in the Police Department’s budget.
The Parks and Recreation Department will be submitting a fee waiver request
for the Arts Commission to an upcoming City Council meeting for approval.
The Police Department will deploy Reserve Officers where appropriate to
reduce personnel costs.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING
TEMPORARY USE PERMIT 07-11 AND AUTHORIZING THE CLOSURE OF CERTAIN STREETS
AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES IN
ORDER TO FACILITATE THE 2007 BRENTWOOD ART, WINE, AND JAZZ FESTIVAL TO BE
HELD ON SEPTEMBER 29th, 2007 AND SEPTEMBER 30th, 2007.
WHEREAS, the City of Brentwood, through its Arts Commission, will be holding
its annual Art, Wine, and Jazz Festival on September 29th and September
30th, 2007, an event of local significance which attracts large numbers of
people to the community; and
WHEREAS, to accommodate the 2007 Brentwood Art, Wine, and Jazz Festival, it
is requested that the following streets be closed to traffic and no parking
and tow away zones be established between 6:00 am Saturday, September 29th
through 6:00 pm Sunday, September 30th, 2007:
• Maple Street east of Second Street.
• City Hall Parking Lot north of the Third Street and Oak Street
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
Brentwood Art, Wine, and Jazz Festival 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; pursuant to Vehicle Code Section 22507, the
City may prohibit parking on portions of streets during all or certain hours
of the day; pursuant to Vehicle Code Section 22651(b), (m), and (n), signs
noticing no parking and tow away zones shall be posted at least 24 hours
before the closure goes into effect and City peace officers may remove by
towing any vehicle from those portions of the street where parking is
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves TUP 07-11, subject to the conditions of approval set forth
in Exhibit A, attached hereto, and authorizes the closure of the streets
depicted in Attachment 2 to Exhibit A, prohibits parking, and establishes
tow away zones between the hours of 6:00 am, September 29th, 2007, and 6:00
pm, September 30th, 2007.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on August 14, 2007 by the following vote:
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO
CONDITIONS OF APPROVAL
FOR TUP 07-11
1. The applicant obtain an electrical permit, (if necessary), from the City
of Brentwood Building Division for stalls requiring electrical power.
2. The applicant shall provide documentation of City of Brentwood Police
Department approval for street closures to the Community Development
Department before commencement of the event.
3. The applicant shall provide documentation of County Health Department
approval for food services to the Community Development Department before
commencement of the event.
4. The applicant shall provide documentation of Contra Costa County Fire
Protection District approval for street closure accessibility to the
Community Development Department before commencement of the event.
5. The applicant shall provide proof of contract for portable toilet
facilities before commencement of the event to the Community Development
6. The applicant shall provide proof of contract for trash bins before
commencement of the event to the Community Development Department.
7. The applicant shall provide proof of liability insurance coverage before
the date of the event before commencement of the event to the Community
8. The approved hours of operation for the event shall be as follows:
Friday 9/28 12:00 p.m. – 11:00 p.m. Setup
Saturday 9/29 6:00 a.m. – 10:00 a.m. Setup
Saturday 9/29 10:00 a.m. – 7:00 p.m. Festival
Sunday 9/30 10:00 a.m. – 6:00 p.m. Festival
Sunday 9/30 6:00 p.m. – 9:00 p.m. Cleanup
9. The applicant shall restore City Park and the streets affected by the
closure to their original condition within 24 hours of event closure.
10. No parking shall be permitted in front of any street closure barricades.
11. A total of 12 signs with a sign area no larger than 3’ x 3’ advertising
the Art, Wine, and Jazz Festival shall be allowed throughout the city with
only 2 signs permitted at a street intersection at a time. A map showing
their location must be submitted and approved by the Community Development
Department before placement. Signage shall be allowed from September 14th
through October 2nd, 2007.
12. All aspects of the proposed use and street closures shall be in
substantial conformance with Attachment 1 - Festival Layout, and Attachment
2 - Street Closures.
ATTACHMENT 1 – FESTIVAL LAYOUT
ATTACHMENT 2 – FESTIVAL STREET CLOSURE