COUNTY OF SAN MATEO

Inter-Departmental Correspondence

 

ENVIRONMENTAL SERVICES AGENCY

 

DATE:

May 16, 2005

BOARD MEETING DATE:

May 24, 2005

SPECIAL NOTICE/HEARING:

None prescribed

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

 

FROM:

Steve Alms, Real Property Services Manager

Thomas F. Casey, III, County Counsel

 

SUBJECT:

Policy on the Use of County Real Property for Special Events

 

RECOMMENDATION

Accept the recommendations of the Real Property Services Manager and County Counsel concerning modifications to the existing Parks and Recreation administrative policies and procedures regarding use of Park property for special events, and authorize amendment of such policies and procedures accordingly.

 

VISION ALIGNMENT

The modified administrative policies will meet the County’s commitment to preserve and provide people access to our natural environment, and address Goal 14, to ensure that important natural resources are preserved and enhanced through environmental stewardship.

 

BACKGROUND

On April 26, 2005, your Board considered a proposal to modify the existing Parks and Recreation Division’s existing policies regarding the use of Parks property for special events. The proposal as presented at that time included: the designation of the permit issuing authority as the Director of Parks and Recreation for one-day events and the Director of Environmental Services for any events lasting more than one day; expanded noticing requirements; and review of each permit by Risk Management and Real Property Services. At the conclusion of the hearing on the matter, your Board asked that further research be conducted into the following matters for incorporation into a revised policy: (1) the development of a standard for determining when an application for a special event permit should be referred to the Parks and Recreation Commission, (2) the establishment of a standard to determine when an alteration to the Park property being used for the special event should lead to a more rigorous level of review, (3) the incorporation of mitigation requirements as part of the application and approval process, and (4) the incorporation of a requirement to post a bond for the purpose of securing the cost of any mitigation measures or unexpected damage to the property.

 

DISCUSSION

Following the meeting, the Real Property Services Manager met with representatives of the County Counsel’s office and the Parks and Recreation Division to discuss specific proposals to address the matters raised by the Board. Based on this meeting, the following specific proposals are offered for incorporation into a revised policy for use of Parks property for special events:

 

1.

Alterations to Park Property. The Coastal Commission has developed policies to define “temporary events” for the purpose of determining when a coastal development permit will be required. The definitions contained in the policy specify those conditions under which an event, which otherwise might be subject to the requirement for a coastal development permit, will be considered exempt from that requirement. Staff believes this definition provides a workable standard to identify those events that have a potential for greater impact to park resources, both within and outside of the Coastal Zone, thus triggering review by the Parks and Recreation Commission (discussed below). Staff has distilled the relevant portions of the Coastal Commission policy and incorporated them into a definition of “Alterations”, attached as Attachment A to the proposed special event policy.

   

2.

Referral to Parks and Recreation Commission. As noted above, a heightened level of scrutiny would be appropriate if the proposed use of any Park facility would involve “alterations”, as defined. It is proposed that the policy be modified to require that an application be referred to the Parks and Recreation Commission for decision if the proposed use would require “alterations”, as defined in Attachment A; would require a planning and/or building permit (including a coastal development permit within the Coastal Zone); or would last for a continuous period of longer than two weeks. Under the policy as modified: (1) any event of a day or less would be referred to the Director of Parks and Recreation, (2) any event with a duration of more than one day but less than two weeks would be referred to the Director of Environmental Services, and (3) any event with a duration of two weeks or longer, or which involves “alterations” as defined in the policy regardless of the duration of the event, or which requires a planning and/or building permit will be referred to the Parks and Recreation Commission.

   

3.

Mitigation Requirements. In order to ensure that the issue of mitigation is addressed in a comprehensive manner, it is proposed that the policy be modified to require that, as part of the application process, the applicant submit a mitigation plan that would be subject to review and modification by the approving authority. The level of detail required in the mitigation plan would depend on the event. For example, the plan for an event that is to be held entirely within a paved area might only be required to address cleanup of the area, while the plan for an event proposed for an unimproved area might require a identification of measures for protecting the area from excessive impact, and for re-vegetation, erosion control and monitoring. Requirements for enhanced neighbor notification might also be included. Additionally, in those cases where a land use permit is required, mitigation would be included as a condition of any such permit. Finally, the applicant could be required to provide an estimate of the cost of such a mitigation plan in the event it needed to be contracted out for implementation, the cost of which could serve as the measure of the amount of any bond to be imposed. Attachment B to the policy sets out certain criteria to be considered by the issuing authority when reviewing and approving a mitigation plan.

   

4.

Bonding Requirement. In order to protect against the event of damage to Park property during a special event, it is proposed that the policy be revised to include a bonding requirement. It is recommended that a bond in the minimum amount of $1,000 per day be imposed on the event, payable either as a bond, a cash deposit, or other security acceptable to the County, for the purpose of ensuring repair of unexpected damage and cleanup, and protecting against any other identified risks associated with the event. Where a greater amount is determined to be necessary to implement a mitigation plan required by the application process, that greater amount would serve as the amount of the bond.

 

FISCAL IMPACT

There is no fiscal impact associated with this recommendation.