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 CITY COUNCIL AGENDA ITEM NO. 4


Meeting Date: October 14, 2008

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 08-16, allowing the Chamber of Commerce 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 for the Hometown Halloween for one day, Saturday, October 25th, between the hours of 4:00 pm and 8:30 pm., located within the downtown.

Prepared by: Jeff Zilm, Senior Planner

Submitted by: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a resolution approving Temporary Use Permit No. 08-16, allowing the Chamber of Commerce 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 for the Hometown Halloween for one day, Saturday, October 25th, between the hours of 4:00 pm and 8:30 pm.

PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the code section for Temporary Use Permits. The amended code 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 and Wine Festival, Homecoming Parade, and Hometown Halloween.”

DISCUSSION
On August 6, 2008, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its annual Hometown Halloween.

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 location of the event consists of one-and-a-half blocks of Oak Street between Diablo Way and Second Street (not to include the Second Street intersection), and First Street approximately 100 feet north of Oak Street and mid-block between Oak Street and Chestnut Street just north of the Grazie parking lot in the downtown. A condition of approval requires final approval of the street closure by the Police Department.

Hometown Halloween is expected to draw more than five thousand people from the community at large. There are proposed attractions in the right-of-way for children where candy and informational flyers will be handed out by Brentwood businesses and the Brentwood Police Department.

The proposed event is located within the Downtown Specific Plan area, allowing for mixed uses including residential, commercial, office, dining, and social activities.

The proposed hours are:

Saturday 4:00 pm to 5:00 pm – setup
Saturday 5:00 pm to 8:00 pm – event
Saturday 8:00 pm to 8:30 pm – clean-up

This proposed event will have minimal impact upon surrounding businesses. The sections of street will be open to foot traffic only, exposing downtown businesses to residents that may not otherwise frequent the downtown. Closing these sections of First Street and Oak Street will still allow traffic to circulate in the downtown. Parking will be available along adjacent streets and in the municipal lots along Brentwood Boulevard, Second Street, and adjacent to the City Park.

FISCAL IMPACT
The total cost of providing police services for the 2008 Chamber of Commerce Hometown Halloween has been estimated at $1,234.33 by the Brentwood Police Department based upon past years. This cost will be reimbursed to the Police Department after the conclusion of the event by the Chamber. The Police Department will deploy Reserve Officers and Volunteers where appropriate to reduce personnel costs. Additionally, the applicant has paid the application fee of $489.00 for the processing of this Temporary Use Permit.

Attachments:
1. Resolution
2. Exhibit A - Conditions of Approval

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD APPROVING TEMPORARY USE PERMIT NO. 08-16, CLOSING SEVERAL DOWNTOWN STREETS AND TEMPORARILY ESTABLISHING NO PARKING RESTRICTIONS AND TOW AWAY ZONES, AS PART OF ALLOWING THE USE OF CITY-OWNED PROPERTY FOR HOMETOWN HALLOWEEN, FOR ONE DAY, SATURDAY, OCTOBER 25, 2008, BETWEEN THE HOURS OF 4:00 P.M. AND 8:30 P.M., LOCATED WITHIN THE DOWNTOWN.

WHEREAS, the Brentwood Chamber of Commerce will be holding its annual Hometown Halloween on October 25, 2008, an event of community significance; and

WHEREAS, to accommodate the 2008 Chamber of Commerce Hometown Halloween, it is requested that the following streets be closed to traffic and no parking and tow away zones be established between 4:00 pm and 8:30 pm on October 25, 2008:

• Oak Street from Diablo Way to Second Street.
• First Street from 100 feet north of Oak Street to mid-block between Oak Street and Chestnut 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 Chamber of Commerce Hometown Halloween 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 08-16, 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, the prohibition of parking, and the establishment of tow away zones between the hours of 4:00 pm and 8:30 pm, October 25, 2008.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on October 14, 2008 by the following vote:


EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 08-16

1. The applicant shall obtain (if necessary) an electrical permit from the City of Brentwood Building Division for any uses requiring electrical power.

2. The applicant shall provide documentation of City of Brentwood Police Department approval for street closures to the Community Development Department by October 23, 2008.

3. The applicant shall provide documentation of Health Department approval for food services to the Community Development Department by October 23, 2008.

4. The applicant shall provide documentation of Contra Costa County Fire Protection District approval for street closure accessibility to the Community Development Department by October 23, 2008.

5. The applicant shall provide a plan showing adequate restroom facilities to the satisfaction of the City of Brentwood’s Community Development Department by October 23, 2008.

6. 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 City by October 23, 2008.

7. The approved hours of operation are as follows:

Saturday, October 25, 2008 from 4:00 pm to 8:30 pm

8. 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 23, 2008.

9. By October 26, 2008, restore Oak Street, First Street and any areas used by the festival to the same or better condition prior to the event immediately following the event.

10. No booths shall be placed in front of any fire hydrants.

11. A 20-foot wide path shall be maintained down the center of all closed streets to allow access for emergency vehicles if needed.

12. No parking shall be allowed in front of any street closure barricades.

13. All aspects of the proposed use and street closures shall be in substantial conformance with Attachment 1.

14. 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 23, 2008.

15. In the event the Chamber of Commerce does not clean up the trash from the event, to the satisfaction of the City of Brentwood Public Works Division, the applicant must work with the Public Works Division to schedule a garbage pick-up and to have the streets swept after the event.

ATTACHMENT 1 TO EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
MAP WITH STREET CLOSURES

 
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