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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: August 26, 2008

Subject/Title: Adopt a resolution to approve an amendment to Temporary Use Permit No. 08-12 to close First Street between Oak Street and Chestnut Street, as part of allowing the use of City-owned property for the staging of the Brentwood Car Show “Show, Stroll and Shine” event sponsored by the Brentwood Downtown Committee for two nights only, Thursday, September 4th and Thursday, October 2nd, between the hours of 4:00 pm and 9:00 pm.

Prepared by: Jeff Zilm, Senior Planner
Linda Maurer, Economic Development Manager

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a resolution approving an amendment to Temporary Use Permit No. 08-12 to close First Street between Oak Street and Chestnut Street, as part of allowing the use of City-owned property for the staging of the Brentwood Car Show “Show, Stroll and Shine” event sponsored by the Brentwood Downtown Committee for two nights only, Thursday, September 4th and Thursday, October 2nd, between the hours of 4:00 pm and 9:00 pm.

PREVIOUS ACTION
None.

BACKGROUND
Temporary Use Permit for the Brentwood Downtown Committee
On April 28, 2008, the Brentwood Downtown Committee submitted a Temporary Use application to conduct the Brentwood Car Show “Show, Stroll and Shine” event. The application was administratively approved on May 23rd. The event has been taking place every Thursday night since June 5th and is scheduled to end on October 16, 2008. It features classic cars, local artist and crafters, food from downtown restaurants, and DJ’s playing “oldies music,” all to help create additional exposure and excitement for the downtown merchants. To date, the cars have been primarily staged in the City’s Second Street public parking lot, north of Oak Street. The individual vendors have been allowed to set up at various spots in and around the downtown area. The Brentwood Downtown Committee is requesting an amendment to its temporary use permit to close First Street, between Oak Street and Chestnut Street, for the parking and showing of the classic cars.

Section 17.850.004 of the Brentwood Municipal Code 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 to close of any City street, 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 Brentwood Car Show “Show, Stroll and Shine” event is located within the Downtown Core commercial area of the Downtown Specific Plan. Events will include classic car show, artist, crafters, downtown business displays and music. The sidewalk will be setup similar to the Art Walk, with tables being offered to the downtown businesses first and then to artist and crafters. There will be one DJ, centrally located, on First Street. The electricity for the DJ will be provided by the closest business.

The street closure would include First Street from the intersection of Oak Street to a point approximately 65 feet north of Chestnut Street. This is the same section of street that is closed every Saturday morning for the Farmers’ Market. The Brentwood Downtown Committee is requesting to have the streets closed for two nights only, Thursday September 4, 2008 and October 2, 2008 from 5:00 pm to 8:00 pm. The actual street closure will begin at 4:00 pm and end at 9:00 pm on each night in order to accommodate the necessary setup and tear-down associated with the event. All of the businesses, affected by the street closure, are in agreement with it. Staff has provided, as an attachment to the staff report, a copy of the list of signature from the affected merchants.

Brentwood Downtown Committee volunteers will be responsible for facilitating the street closure, by placing safety cones and one vehicle, parked behind the cones, blocking First Street to through traffic, and by putting up and taking down directional signs to the Delta Theater, no parking signs, and event and activity signs. Merchants and Committee members will provide the clean up after each event and the restaurants have agreed to offer their restrooms to attendees.

FISCAL IMPACT
The applicant has paid the $474.00 temporary use permit fee.


Attachments:
1. TUP Resolution
2. TUP No. 08-12 Conditions of Approval
3. Street closure map
4. Letter from the Brentwood Downtown Committee, stamped “Received August 8, 2008”
5. Downtown merchant signature list, submitted by the Brentwood Downtown Committee, stamped “Received August 19, 2008”

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING AN AMENDMENT TO TEMPORARY USE PERMIT (TUP 08-12) TO CLOSE FIRST STREET BETWEEN OAK STREET AND CHESTNUT STREET, AS PART OF ALLOWING THE USE OF CITY-OWNED PROPERTY FOR THE STAGING OF THE BRENTWOOD CAR SHOW “SHOW, STROLL AND SHINE” EVENT SPONSORED BY THE BRENTWOOD DOWNTOWN COMMITTEE FOR TWO NIGHTS ONLY, THURSDAY, SEPTEMBER 4, 2008 AND THURSDAY, OCTOBER 2, 2008, BETWEEN THE HOURS OF 4:00 PM AND 9:00 PM.

WHEREAS, the Brentwood Downtown Committee desires to hold the Brentwood Car Show “Show, Stroll and Shine” event, for two nights only, on Thursday, September 4, 2008 and Thursday, October 2, 2008; and

WHEREAS, the City of Brentwood administratively approved TUP 08-12, with conditions, allowing the Brentwood Downtown Committee to conduct the Brentwood Car Show “Show, Stroll and Shine” event every Thursday night starting June 5, 2008 and ending October 16, 2008, from 5:00 p.m. to 8:00 p.m.; and

WHEREAS, to accommodate the Brentwood Car Show “Show, Stroll and Shine” event, it is requested that the following street be closed to traffic between 4:00 pm and 9:00 pm on September 4, 2008 and October 2, 2008; and

First Street from Oak Street to a point approximately 65 feet north of Chestnut Street (as shown on Attachment 1 of Exhibit A); 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 Car Show “Show, Stroll and Shine” event, 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:

1. Hereby approves an amendment to TUP 08-12 subject to the conditions of approval set forth in Exhibit A, attached hereto, and authorizes the closure of First Street between the hours of 4:00 pm and 9:00 pm, on Thursday, September 4, 2008 and Thursday, October 2, 2008; and

2. Except as amended herein, TUP 08-12 remains in full force and effect.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on August 26, 2008, by the following vote:




EXHIBIT A
CONDITIONS OF APPROVAL FOR TUP 08-12


1. All aspects of the proposed use and street closures shall be in substantial conformance with the Brentwood Downtown Committee letter dated “Received August 8, 2008”.

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

3. This temporary use permit shall be valid on Thursday, September 4, 2008 and Thursday, October 2, 2008.

4. Hours of operation shall be limited to 4:00 pm through 9:00 pm. No vendor shall begin sales or distribution prior to 4:00 pm.

5. Setup may not begin prior to closure of the streets at 4:00 pm on Thursday, September 4, 2008 and Thursday, October 2, 2008.

6. Subject to the approval of the Chief of Police, vehicles and/or other appropriate mechanisms must be placed at both ends of the event (within the barricaded area), blocking First Street to through-traffic. These vehicles must be in place by 4 pm 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 Brentwood Car Show “Show, Stroll and Shine” event.

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 event-related tear-down must be completed no later than 9:00 pm on the two nights the event is in operation.

9. A central fire-lane must be maintained through the event site 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 August 29, 2008.

10. In the event the Brentwood Downtown Committee does not clean up the trash from the event, the applicant must work with the City of Brentwood Solid Waste Division to schedule a garbage pick-up after both events.

11. A representative from the Brentwood Downtown Committee must be present at each event to monitor setup and tear-down.

12. 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 August 29, 2008.

13. The applicant shall post and maintain a clean-up/repair bond in the amount of $1,000.00 with the Director of Public Works/City Engineer, prior to August 29, 2008.

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

15. The applicant shall provide verification of non-profit status to the Community Development Department prior to August 29, 2008.

16. The applicant shall provide a written agreement with a business owner occupying space fronting the market area allowing event patrons the use of restroom facilities or provide proof of contract for portable toilet 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.

17. The applicant shall provide a statement to the City 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.

18. The Brentwood Downtown Committee 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 Brentwood Car Show “Show, Stroll and Shine” event.

19. The applicant shall obtain an encroachment permit from the Public Works Department.











ATTACHMENT #4





ATTACHMENT #5






 
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