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 CITY COUNCIL AGENDA ITEM NO. 6



Meeting Date: October 28, 2008

Subject/Title: Adopt a resolution approving Temporary Use Permit No. 08-18, 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 26th Annual Holiday Parade for one day, Saturday, November 22nd, between the hours of 4:00 pm and 6:00 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. 08-18, 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 26th Annual Holiday Parade for one day, Saturday, November 22nd, between the hours of 4:00 pm and 6:00 pm, located within the downtown.

PREVIOUS ACTION
On April 13, 2004, the City Council approved an amendment to the Brentwood Municipal Code section for Temporary Use Permits. Section 17.850.004 requires that any temporary use seeking closure of city right-of-way must be approved by the City Council.

DISCUSSION
On September 9, 2008, the Brentwood Chamber of Commerce submitted an application to use City right-of-way located in the downtown to hold its 26th Annual Holiday Parade.

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 north of Birch Street, Pine Street between First Street and Second Street, Second Street between Pine Street and Oak Street, as well as staging areas on Birch Street and a portion of First Street east of Birch Street to Fir Street and Fir Street from Brentwood Boulevard to First Street. The parade will end on Oak Street, between Second Street and Third Street. A condition of approval requires final approval of the street closure by the Police Department.

The parade will consist of several hundred people proceeding on foot through the downtown area along with the more traditional automobiles, floats, equestrians, members of the military, bands and scouts. The parade formation will begin along First Street, east of Birch Street as well as on Birch Street north of First Street. The parade will start at the intersection of Birch Street and First Street.

The proposed parade hours are:

Saturday 3:00 pm to 4:00 pm – staging and setup
Saturday 4:00 pm to 6:00 pm – parade/clean-up

The proposed parade will have a temporary impact upon surrounding businesses. Some areas of the downtown will not be accessible to vehicular traffic for three hours; however, there have been no complaints in past years from residents or business owners concerning this particular function. Barriers would be placed at intersections off the parade route, keeping traffic flowing by preventing vehicles from turning down a street with a closure and backing up, thereby creating a traffic problem.

Traffic will also be moderately impacted in the downtown, as large portions of downtown streets will be closed from 3:00 pm through 6:00 pm on Saturday, November 22nd. General parking is available in the two municipal lots on Brentwood Boulevard, as well as on-street parking throughout the downtown area not closed to traffic. City Park will be the terminus where four portable restrooms will be on-hand. There will also be two portable restrooms within the staging area. This event is expected to draw 500 to 800 hundred visitors to the parade and the greater downtown area of Brentwood over the course of the event. The Holiday Parade is designed to kick off the winter shopping season and will expose the downtown to visitors that may not typically frequent the area.

FISCAL IMPACT
The total cost of providing police services for the 2008 Chamber of Commerce 26th Annual Holiday Parade has been estimated at $4,820.89 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 Brentwood Chamber of Commerce. The Police Department will deploy Reserve Officers, CSOs, 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. 08-18, 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 THE 26TH ANNUAL HOLIDAY PARADE, FOR ONE DAY, SATURDAY, NOVEMBER 22, 2008, BETWEEN THE HOURS OF 4:00 P.M. AND 6:00 P.M., LOCATED WITHIN THE DOWNTOWN.

WHEREAS, the Brentwood Chamber of Commerce will be holding its 26TH Annual Holiday Parade on November 22, 2008, an event of community significance; and

WHEREAS, to accommodate the 2008 Chamber of Commerce 26th Annual Holiday Parade, 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 6:00 pm on November 22, 2008:

First Street from Fir Street to Pine Street.
Birch Street from First Street to Third Street.
Pine Street from First Street to Second Street.
Second Street from Oak Street to Pine Street.
Left Turn Lane from southbound Brentwood Boulevard onto Second Street.
Left Turn lane from southbound Brentwood Boulevard onto Oak Street.

Additionally, it is requested that the following streets be closed to traffic for staging areas or to prevent traffic impacts:

Fir Street from Brentwood Boulevard to First Street.
Chestnut Street from Brentwood Boulevard to Fourth Street.
Oak Street from Brentwood Boulevard to Third Street.
Maple Street from Brentwood Boulevard to the east end of Maple 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 Chamber of Commerce 26th Annual Holiday 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 08-18, 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 6:00 pm, November 22, 2008.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at an adjourned regular meeting held on October 28, 2008 by the following vote:

EXHIBIT “A” TO
CITY COUNCIL RESOLUTION NO.
CONDITIONS OF APPROVAL FOR TUP 08-18

1. The applicant shall provide documentation of City of Brentwood Police Department approval for street closures to the Community Development Department by November 14, 2008.

2. The applicant shall provide documentation of Contra Costa County Fire Protection District approval for street closure accessibility to the Community Development Department by November 14, 2008.

3. The applicant shall provide a plan showing adequate restroom facilities to the satisfaction of the City of Brentwood’s Community Development Department by November 14, 2008.

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 City by November 14, 2008.

5. The approved hours of operation are as follows:

Saturday, November 22, 2008 from 3:00 pm to 6:00 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 November 14, 2008.

7. The Chamber of Commerce shall restore any areas used for the parade to the same or better condition prior to the event immediately following the event.

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

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

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 November 14, 2008.

11. 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 Department, the applicant must work with the Solid Waste Division to schedule a garbage pick-up and to have the streets swept after the event.


 
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