CITY COUNCIL AGENDA ITEM NO. 12
Meeting Date: September 11, 2007
Subject/Title: Adopt a resolution approving Temporary Use Permit No. 07-17
to allow for the use of City-owned property for the staging of the annual
Homecoming Parade sponsored by Liberty Union High School for one day,
Friday, October 26th between the hours of 5:00 pm and 7:30 pm, located
within the downtown 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. 07-17 to allow for the
use of City-owned property for the staging of the annual Homecoming Parade
sponsored by Liberty Union High School for one day, Friday, October 26th,
between the hours of 5:00 pm and 7:30 pm, located within the downtown and
affecting the closure of surrounding streets.
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 August 7, 2007, Liberty Union High School submitted an application to use
City right-of-way located in the downtown to hold its annual Homecoming
Parade. Section 17.850.005.12 of the City of Brentwood Zoning Ordinance
specifically requires the Homecoming Parade to obtain a temporary use permit
(TUP) to 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 parade route includes several of the streets in the downtown
area. The route will include First Street west of Birch Street to Oak
Street, Oak Street between First and Second Street, Second Street between
Oak Street and Brentwood Boulevard, a short portion of Brentwood Boulevard
between Second Street and Spruce Street, and Spruce Street between Brentwood
Boulevard and the high school football field (where the parade will
terminate). The parade will also include staging areas on Birch Street, as
well as, a portion of First Street east of Birch Street to Fir Street
including the Garin School parking area. The appropriate permits are being
pursued through the Public Works Department for the closure of one lane of
Brentwood Boulevard/State Route 4 and the applicant is working with the
Police Department for the physical street closures.
The parade will consist of several hundred people, largely students of
Liberty High School, proceeding on foot through the downtown area. There
will also be several floats as well as approximately 65 vehicles
participating in the parade. The parade formation will begin on First
Street, west of Birch Street. The parade will start at the intersection of
Birch and First Streets.
This parade route is located within the downtown and proceeds through
several zoning districts including the Downtown Zone (DT), a Multi-family
Residential Zone (R-3), and a Commercial, Office, Residential Zone (COR),
allowing for mixed uses including residential, commercial, retail, service,
office, dining, and social activities.
The proposed parade hours are:
• Friday 5:00 pm to 6:00 pm – staging and setup
• Friday 6:00 pm to 7:30 pm – parade
Traffic will be moderately impacted in the downtown, as large portions of
downtown streets will be closed from 5:00 pm through 7:30 pm on Friday,
October 26th. General parking will be available in the City lot in front of
City Hall and along Oak Street west of Second Street (consisting of 84
stalls), the two municipal lots on Brentwood Boulevard totaling 84 stalls,
as well as on-street parking throughout the downtown area not closed to
traffic. Persons wishing to access the downtown businesses may park in these
lots and proceed on foot. As the parade progresses along its route,
barricades will be removed as it becomes safe to reopen certain streets to
traffic, minimizing the time streets will be closed. This event is expected
to draw 500-800 visitors to the greater downtown area of Brentwood over the
course of the parade. There have been no complaints in past years from
residents or business owners concerning this particular function.
The total cost of providing services for the 2007 Liberty Union High School
Homecoming Parade has been estimated at $2897.70 by the Brentwood Police
Department and $474.00 for the temporary use permit by the Community
Development Department for a total of $3371.70. The applicant has met all
fee waiver requirements under City Council Resolution No. 2006-18 and is
being processed administratively due to the total fee waiver being below
$5000.00. Approval of the fee waiver requires approval of both the Community
Development Department and the Police Department. If the fee waiver is not
approved, the applicant will be responsible for all fees incurred if the use
is pursued. The Police Department will deploy Reserve Officers 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 No. 07-17 ALLOWING THE USE OF CITY STREETS AND
AUTHORIZING THE CLOSURE OF CERTAIN STREETS AND TEMPORARILY ESTABLISHING NO
PARKING RESTRICTIONS AND TOW AWAY ZONES IN ORDER TO FACILITATE THE 2007
LIBERTY HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY OCTOBER 26, 2007.
WHEREAS, Liberty High School will be holding its annual Homecoming Parade on
October 26, 2007, an event of great local significance which attracts
moderate numbers of people to the community; and
WHEREAS, to accommodate the 2007 Liberty High School Homecoming Parade, it
is requested that the following streets be closed to traffic and no parking
and tow away zones be established between 5:00 pm and 7:30 pm on October 26,
• First Street from Fir Street to Oak Street
• Birch Street from First Street to Third Street
• Oak Street from First Street to Second Street
• Second Street from Oak Street to Brentwood Boulevard
• Number 2 northbound lane of Brentwood Blvd. from Second Street to Spruce
• Spruce Street from Brentwood Boulevard to 250 feet east of the
Additionally, it is requested that the following streets will be closed to
• Fir Street from Diablo Way to First Street
• Elm Street from Diablo Way to First Street
• Chestnut Street from Diablo Way to Third Street
• Oak Street from Brentwood Boulevard to First Street
• Maple Street from Midway Alley to Second Street
• Maple Street from Second Street to the east end of Maple Street
• Pine Street from Midway Alley to Second Street
• Third Street from Oak Street to Birch Street
• Second Street from Oak Street to Birch Street
• Delta Avenue
• Rolando Avenue
• Cesa 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
Liberty High School Homecoming Parade 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), City
peace officers may remove by towing any vehicle from those portions of the
street where parking is prohibited; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
hereby approves TUP No. 07-17, 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, prohibit parking, and
establish tow away zones between the hours of 5:00 pm and 7:30 pm, October
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
an adjourned regular meeting held on September 11, 2007 by the following
EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 07-17
1. All aspects of the proposed use and street closures shall be in
substantial conformance with Attachment 1, date received August 7, 2007.
2. The applicant shall provide documentation of City of Brentwood Police
Department approval for street closures to the Community Development
Department by October 19, 2007.
3. The applicant shall provide documentation of Contra Costa County Fire
Protection District approval for street closure accessibility to the
Community Development Department by October 19, 2007.
4. The applicant shall provide a certificate of insurance or statement of
self-insurance coverage naming the City as additionally insured in the
amount of $1,000,000.00 for general liability, automobile liability,
employer’s liability and errors and omissions. This document must be
provided to the Risk Manager by October 19, 2007.
5. The approved hours for the parade are as follows:
Friday, October 26, 2007 from 5:00 pm to 7:30 pm
6. The applicant shall provide a statement agreeing 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 by October 19, 2007.
7. The applicant shall restore any areas used by the parade to the same or
better condition at termination of the event.
8. No parking shall be allowed in front of any street closure barricades.
9. The applicant shall not use paint or other permanent types of markings
for staging directions on City streets and remove any temporary ones at the
end of the event.
10. The applicant shall arrange with the Public Works department for
additional carts and street sweeping and submit documentation of approval to
the Community Development Department by October 19, 2007.
11. The applicant shall be responsible for all incurred fees if the fee
waiver is not approved payable to the proper departments.
ATTACHMENT “1” TO
CITY COUNCIL RESOLUTION NO.
PARADE ROUTE MAP WITH STREET CLOSURES FOR TUP 07-17