HomeMy WebLinkAbout15 - Parks, Beaches & Recreation CommissionSeptember 13, 1999
Agenda Item No. 15
. CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
September 13, 1999
TO: Mayor and Members of the City Council
FROM: Robert Burnham, City Attorney
RE: Proposed City Council Policy 1 -27
PBR Commission Decisions
Notice and Appeal Procedures
At the request of Council Member Ridgeway, this office has prepared a proposed Council
Policy (1 -27) that confirms the authority of the Parks Beaches & Recreation Commission
to make certain decisions, establishes public notice requirements for those decisions and
creates appeal and Council review procedures (Copy Attached). The Parks Beaches &
•Recreation Commission has reviewed the proposed policy and we have incorporated the
Commission's requested amendments.
Recommendation
If desired, approve proposed Council Policy 1 -27.
COUNCIL POLICY 1 -27
PARKS BEACHES AND RECREATION COMMISSION DECISIONS
The Commission shall, among other powers and duties, have the authority to make
decisions on the following proposals relating to park and open space facilities and
outdoor recreational activities:
A. Any proposal to install new lighting facilities in any recreational area
owned or controlled by the City of Newport Beach except low level
lighting installed solely for the purposes of safety or security;
B. Any proposal to establish new, or significantly modify existing, hours
of operation of any recreation facility or the hours during which
recreational activity is permitted on City property. For purposes of
this subsection, any proposal to establish or extend the hours of
operation or recreational usage after 10:00 p.m. Monday through
Thursday, after 9:00 p.m. Friday through Sunday or before 7:00 a.m.
on any day shall be subject to approval by the Commission. The
provisions of this subsection shall not require the Commission to
confirm or validate hours of operation in existence as of the effective
date of this Council Policy. The time frames in this section do not
include time allocated to clean recreational areas after activities are
complete or continued lighting to facilitate clean -up;
C. Any proposal to install new recreational equipment or facilities within 40 100 feet of the exterior boundary of any property zoned for residential
use. The provisions of this subsection shall not apply to the
replacement or repair of existing recreational equipment or lighting
facilities;
D. Any proposal to construct or improve recreational facilities or
recreational areas that could reasonably be expected to significantly
increase noise or traffic in any residential area. The provisions of this
subsection shall not apply to the replacement, repair or enhancement
of existing equipment or landscape, improvements designed and
intended to improve public safety, or modifications to open space or
recreational areas that do not significantly increase the area or
facilities available for recreational activities.
NOTICE
The Commission shall, prior to taking any action on any of the proposals described
in Paragraphs A — D, provide written notice of the proposal to all owners of
residentially zoned property within 150 feet of the property that is the subject of the
proposal. The written notice shall specify the substance of the proposal and the
date, time and location of the meeting at which the proposal is to be considered. In
determining the ownership of property the City shall use the latest equalized
assessment roll. The exterior boundaries of each parcel shall be used in
calculating the distance between the residential parcel and the property that is the
subject of the proposal.
AP PEA
Any person shall have the right to appeal to the City Council any Commission
decision on any of the proposals described in Paragraphs A - D. The appeal must
• be in writing and filed with the City Clerk within ten days after the date on which the
Commission took action on the proposal. The appellant shall pay the fee
established by Resolution of the City Council when the appeal is filed with the City
Clerk.
COUNCIL REVIEW
The City Council shall have the right to call up for review any action or decision of
the Commission on any of the proposals described in Paragraphs A — D.
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