HomeMy WebLinkAbout(2017, 08/08) - B-15 - AmendedB-15
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 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
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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.
Appeal
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 fourteen days after the date on which the
Commission took action on the proposal. The appeal shall not be accepted unless
accompanied by the fee established by Resolution of the City Council. The hearing on
the appeal shall be scheduled within thirty (30) days after the appeal is filed with, and
accepted by, the City Clerk. The City Council shall, in ruling on the appeal, consider the
information, documents and testimony presented to the Commission and other relevant
information known to the appellant when the matter was presented to the Commission.
Council Call -Up
Any member of the City Council shall have the right to call up for review (call-up) any
action or decision of the Commission on any of the proposals described in Paragraphs A
- D. The hearing on the "call up" shall be conducted in accordance with the procedures
for an appeal as specified in the Appeal section of this policy. The only reason for a City
Council call-up shall be for the entire body to hear the matter.
History
Adopted I-27 - 9-13-1999
Amended I-27 - 4-8- 2003 (changed to B-15)
Amended B-15 - 8-8-2017
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