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CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: September 23, 2008

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 08-17 to close several downtown streets and temporarily establishing no parking restrictions and tow away zones, as part of allowing the use of City-owned property and approving a fee waiver in the estimated amount of $4,932.16 for the staging of the annual Art, Wine and Jazz Festival, for two days, starting at 6:00 a.m. on Saturday, October 11, 2008 and ending at 9:00 p.m. on Sunday, October 12, 2008.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Casey McCann, Community Development Director

RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 08-17 to close several downtown streets and temporarily establishing no parking restrictions and tow away zones, as part of allowing the use of City-owned property and approving a fee waiver in the estimated amount of $4,932.16 for the staging of the annual Art, Wine and Jazz Festival, for two days, starting at 6:00 a.m. on Saturday, October 11, 2008 and ending at 9:00 p.m. on Sunday, October 12, 2008.

PREVIOUS ACTION
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.”

BACKGROUND
On August 25, 2008, the Brentwood Art Society submitted a temporary use permit application to close several downtown streets and temporarily establish no parking restrictions and tow away zones, as part of allowing the use of City-owned property, located on the corner of Second Street and Oak Street to hold its 7th annual Art, Wine, and Jazz Festival and submitted a special events application with the Parks and Recreation Department to hold the 2008 Brentwood Art, Wine, and Jazz Festival in City Park.

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:

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

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. 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 function.

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 2008 Brentwood Art, Wine, and Jazz Festival has requested a fee waiver in the amount of $4,932.16. The applicant has met all fee waiver requirements under City Council Resolution No. 2006-18.

FISCAL IMPACT
The total cost of providing police services for the 2008 Brentwood Art, Wine, and Jazz Festival has been estimated at $4,458.16 by the Brentwood Police Department which has been included in the Police Department’s budget and $474.00 for the temporary use permit for a total of $4,932.16. The Police Department will deploy Reserve Officers where appropriate to reduce personnel costs. In the event the fee waiver is not approved, the applicant will be responsible for all fees incurred if the use is pursued.

Attachment:
1. Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 08-17 TO CLOSE SEVERAL DOWNTOWN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES, AS PART OF ALLOWING THE USE OF CITY-OWNED PROPERTY AND APPROVING A FEE WAIVER IN THE ESTIMATED AMOUNT OF $4,932.16 FOR THE STAGING OF THE ANNUAL ART, WINE AND JAZZ FESTIVAL, FOR TWO DAYS, STARTING AT 6:00 A.M. ON SATURDAY OCTOBER 11, 2008 AND ENDING AT 9:00 P.M. ON SUNDAY, OCTOBER 12, 2008.

WHEREAS, the City of Brentwood, through its Arts Commission, will be holding its annual Art, Wine, and Jazz Festival on October 11th and October 12th, 2008, an event of local significance which attracts large numbers of people to the community; and

WHEREAS, to accommodate the 2008 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, October 11th through 9:00 pm Sunday, October 12th, 2008:

• Maple Street east of Second Street.
• City Hall Parking Lot north of the Third Street and Oak Street intersection.

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 prohibited; and

WHEREAS, it is requested that the Council waive the 2008 Brentwood Art, Wine, and Jazz Festival fees in the amount of $4,932.16; and

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood hereby:

1. Approves TUP 08-17, 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, October 11th, 2008, and 9:00 pm, October 12th, 2008; and

2. Approves a fee waiver for the 2008 Brentwood Art, Wine, and Jazz Festival in the amount of $4,932.16.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on September 23, 2008 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL
FOR TUP 08-17

1. The applicant shall 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 Department.

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 commencement of the event to the Community Development Department.

8. The approved hours of operation for the event shall be as follows:

Saturday 10/11 6:00 a.m. – 10:00 a.m. Setup
Saturday 10/11 10:00 a.m. – 7:00 p.m. Festival
Sunday 10/12 10:00 a.m. – 6:00 p.m. Festival
Sunday 10/12 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. 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
 
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