December 13, 2005

SUBJECT: Develop Exclusive Use Permit Policies for Sunnyvale Parks and Open Spaces ― Study Issue (05-358)

REPORT IN BRIEF

This report is provided in response to Council’s request to study Exclusive Use Permit Policies for Sunnyvale Parks and Open Spaces. Please see Attachment A, Study Issue Paper PRD-01 for Calendar Year 2005. This study was precipitated by the recent completion of Plaza del Sol, a new and unique piece of Sunnyvale‘s open space system. Because Plaza del Sol is unlike any other facility within the parks and open space of Sunnyvale, staff wanted Council’s direction whether to designate this site as available for Exclusive Use Permits and also determine whether to establish specific uses, capacities and/or time limits for the Plaza. Had this new facility not been constructed, Council would not likely be visiting the general topic of areas within the open space that are currently designated for exclusive use. This being the case though, staff provides an additional overview of all parks and park areas, uses, time limits and capacities currently used in the existing parks and open space system and the opportunity for Council to approve and/or alter current practices.

A review of Attachment A notes “Exclusive Use Permit Guidelines” and notes that staff could create such a document to be included in Council’s Legislative Policy Manual. Such guidelines are now listed as Attachment C. These guidelines reflect actual practices currently in place and are available for Council review and direction. Additionally, a solid guideline for issuing Exclusive Use Permits exists in the form of the Permit for Exclusive Use ―Application―Standards, approved by City Council and detailed in the Sunnyvale Municipal Code (SMC) Chapter 9.62.120. Please see Attachment B, SMC 9.62.120.

The Parks and Recreation Commission reviewed this report on November 9, 2005, and unanimously recommended that Council approve current practices for existing parks and open space regarding designations for exclusive use, timelines, capacities and uses as listed in Exclusive Use Permit Guidelines, Attachment C. Further, Commission recommended that Council designate Plaza del Sol, as available, for exclusive use limited to special events under conditions outlined in Attachment C. Staff recommends these same actions.

BACKGROUND

Sunnyvale Parks and Recreation Department provides exclusive use permits for use of parks and park facilities throughout Sunnyvale. This has been the case for many years with the first such permit likely being provided very shortly after Sunnyvale’s first park (Washington Park) opened for public use. Permits continue to be secured through the Recreation Division staff at the Community Center to date.

As the number of parks has expanded and numbers of recreational activities has multiplied, the requests for uses have also grown. The Sunnyvale Municipal Code (SMC) contains the direction that:

“A permit shall be obtained from the Director of Parks and Recreation for exclusive use of any park facility or area designated for such use by the City Council” (SMC 9.62.120. (a)).

Accordingly, it has been the director’s task to accept Exclusive Use Permit Applications and review them in accordance with this section of the Code and evaluate whether particular uses are appropriate for various sites.

Specifically the director must follow Permit for Exclusive Use ― Application ― Standards as follows:

S.M.C. 9.62.120 (c)

(c) Standards for Issuance. The director shall issue a permit hereunder when he finds:

(1) That the requested area of the park is available during the period for which the permit is requested;

(2) That the expected attendance does not exceed the capacity established for the area of the park requested;

(3) That the use for which the permit is sought complies with the use established for the area of the park requested;

(4) That the applicant has met any time limit set by the city council for reserving the area of the park requested;

(5) That if a “system for amplifying sound” is to be used, the use thereof will not interfere with or detract unreasonably from the general public enjoyment of the park or surrounding area;

(6) That the proposed activity is not, in the judgment of the chief of the department of public safety, of a size or nature that would require the diversion of so great a number of public safety officers as to jeopardize the provision of fire or police protection to the remainder of the city.

As noted above, it has been City Council’s task to determine which parks and/or areas of parks wherein exclusive uses should be designated. However, such designations have not often been made through formal, specific actions of City Council and staff is not aware of a comprehensive document (Exclusive Use Permit Guidelines) that would provide more specific direction for the Director of Parks and Recreation in issuing Exclusive Use Permits.

Occasionally, Council approves a maintenance and use contract or special agreement that provides specific use of particular facilities. More often, Council has approved construction of specific types of park facilities that are intended for exclusive and/or group use. Such has been the case with each approval for construction of reserved picnic sites, sports fields and multi-purpose buildings. While Council did not specify that these park areas and facilities would be available for exclusive use permits, the assumption on the part of user groups and staff has been such.

This assumption of availability of parks and park areas for exclusive use has been the case for many years and staff has not approached Council to request related specific designations of park areas. However, with the recent completion of Plaza del Sol, the related code (as noted above) was examined more closely to see what action(s) may be required for exclusive use of Plaza del Sol. Because Plaza del Sol is unlike any other facility within the parks and open space of Sunnyvale, staff also wanted Council’s direction whether to establish specific uses, capacities and/or time limits for Plaza del Sol. Council supported this approach and in December 2004 directed staff to conduct a Study Issue for calendar year 2005 – leading to this report.

EXISTING POLICY

From the Municipal Code

Municipal Code 9.62.120

Permit for Exclusive Use―Application―Standards

From the General Plan Open Space Sub-Element:

Policy A.2. Provide consistently high quality customer service through attractive open space, parks, and facilities which invite and facilitate public use.

Policy A.2c. Encourage responsible use of the open space system through positive public relations and communication.

Policy C.4. Provide, develop, and maintain Special Use Parks and Facilities.

Policy C.4.c. Provide for a balance between general recreation uses and special interest uses in parks and facilities.

From the General Plan Recreation Sub-Element:

Policy A.2. Encourage active citizen involvement in development and provision of Parks and Recreation programs, facilities, and services.

Policy B.1c. Work with other agencies and businesses in the provision of special events in roles including sole sponsor, co-sponsor, facilitator, or regional participant, thus involving a variety of people/organizations in the planning process.

DISCUSSION

This Study Issue was precipitated by the opening of a new public facility, Plaza del Sol, and by staff’s anticipation that user groups would soon request permits for exclusive use of the Plaza. Sunnyvale Municipal Code Section 9.62.120 notes policies for establishing parks and park areas for exclusive use, and also for related uses, capacities and time limits if any are required. For the purposes of this study, information related to Exclusive Use Permits has been separated into two categories:

• The Existing Parks and Open Space System ― with current practices, uses, capacities and time limits; and,
• Plaza del Sol ― options for designating it for exclusive use, capacities, uses and time limits.

I.                   The Existing Parks and Open Space System:

What is Non-Exclusive Use and Exclusive Use?

Sunnyvale Parks and Open Space have been designed for many and varied recreational purposes such as strolling, viewing landscapes and activities, ballgames, picnics, special events, meetings and more.  The vast majority of parks use occurs on an informal basis. It may be that a family arrives at a park for a picnic, a softball team drops in to practice and improve their skills or individuals, couples or groups meet to walk, jog, sit on a bench or simply lie about on the lawns. None of these myriad of uses requires use of a particular park area or facility for a specific point in time or any special permission or permit(s). All of these types of use would be Non-Exclusive Use and coordinated in an informal fashion among the various users at the time of use. That is, if a softball team arrived and the ball field was being used by another group, they would simply discuss options with the other group and revise their plans. This may mean the two groups practice together, the second group waits for the first to finish and then uses the field or the second group moves to an alternate park area. Coordination of park uses such as these, and many more, are sorted out on a daily basis at most of Sunnyvale’s parks on a regular basis and extend well outside of ball field boundaries. Park visitors work out uses informally at picnic areas, sports fields and recreational facilities such as horseshoe courts, tennis courts and basketball courts, as well as larger turf areas. In these cases persons and groups do not seek exclusive use of parks or park areas. They are well-able to coordinate their use with other park visitors’ uses. All areas of parks and most park facilities remain available for use on a first come ― first used basis whenever no exclusive use has been approved.

However, a smaller, yet very significant portion of parks and open space use is organized and for various reasons does require exclusive use of some special facility or park areas for a particular time period, date and for specific activities. These are the individuals and groups that have historically sought and been granted Exclusive Use Permits for parks and park areas. This is the case when a larger group, company or neighborhood association desires use of the larger picnic areas for a special date and time. In such cases it may be that hundreds of people must coordinate their visit to enjoy the park at the same time. It is also the case when a family plans for a smaller group to celebrate a birthday, anniversary or holiday. It is the case when an educational, social or fraternal organization (churches, scout troops, schools, etc.) desires occasional or on-going use of facilities.

Over the years staff, and at times City Council, have had a hand in balancing the uses of park areas between Non-Exclusive and Exclusive. Reasons why individuals and large or small groups have had an opportunity to exclusively use parks and park areas follow.

Why designate Park Areas for Exclusive Use Permits?

Sunnyvale provides Exclusive Use Permit processes to allow an orderly review of information that ensures a planned activity will be safe, appropriate for the facility and coordinated with other planned uses for the date(s) of permit. These permits provide user groups the ability to plan ahead for their activities, distribute advance invitations to their members, and ensure that the space their activity requires is available when they actually need it.

Those who request permits have been willing to pay fees that help offset costs to provide recreational programs provided through the Community Recreation Fund. During the past fiscal year (FY 2004/05), the City received $250,614 for reserved use of park areas and facilities. This is a significant portion of all revenues that assist in support of the economically challenged, senior and youth/teen populations.

In the absence of such permitting processes, user groups arrive at parklands and compete for space on a first come – first served basis. This is common in Sunnyvale and appropriate for smaller groups that do not require special facilities and are willing to coordinate their activities with everyone else that visits the parkland that day. However, it does not work well when user groups compete for the same special space/facility (buildings, large BBQ pits, sports fields, etc.) at the same time. Resulting conflicts have been known to escalate to the extent that Public Safety Officers have been called to the park site. When larger groups use facilities without securing a permit (not allowing a staff review of their planned activity), the possible impacts to the neighborhood and potential for damage to facilities increases greatly.

How have areas been designated for Exclusive Use?

Regarding designation of particular areas for exclusive use, very rarely has City Council taken specific action to note that a park or park amenity is designated for exclusive use. However, in the recent past, one such occasion was when City Council approved a new use – Cricket games at Ortega Park. In response to Report to Council No. 92-104 dated March 3, 1992, Council directed staff to, among other things, “… Allow the Silicon Valley Cricket Club to request use of this site on an annual basis …”

The processes for designation of parks and park areas for exclusive use have varied and in large part have been assumed through related actions on Council’s part. That is, when Council approves a sports field construction project, staff and community groups assume that Council intends for there to be periods of time when the sports field will be permitted for exclusive use by Little Leagues, AYSO, etc. When City Council approved the capital improvement project for installation of sports field lighting at Fair Oaks Park, one consideration was that soccer groups would be able to schedule night-time games. As Council approved this project (and many similar projects), designation of the area as suitable for permits such that a sports team could secure exclusive use of the facility for their games was assumed.

Additional designations have occurred as Council approved construction of specific types of park facilities as has been the case with each approval for construction of reserved picnic sites. Nearly all of the larger parks have a number of group picnic sites that may be reserved for exclusive use. This allows user groups to plan ahead for their picnic date and ensure that there will be adequate space available when they arrive to the park. The same practice has resulted in staffs’ allowing exclusive use permits for park buildings, sports fields, tennis courts (through the Tennis Pro) and other facilities.

Which Parks and Park Facilities are Available for Exclusive Use Permits?

Please see Attachment C, Exclusive Use Permit Guidelines for a complete listing of all parks and park areas that have been available for residents, visitors and user groups to secure Exclusive Use Permits. This attachment also notes the types of uses, capacities for use where specified and time limits for use where defined. This list is comprehensive and details current practices that have been in place for many years.

As noted above, even when areas have been designated as appropriate for Exclusive Use Permits, they remain available for unreserved use whenever no permit has been issued. That is, permits are not secured for every date possible at sites designated as available for Exclusive Use Permits. There remain many dates each year where park areas are available for unpermitted, informal use on first come ― first served basis. Some areas currently are only permitted during the warm season. This is the case with reservable group picnic sites. These sites are available for Exclusive Use Permits from April 1 through October 30 each year and remain open for informal use from November 1 through March 31 yearly.

Smaller facilities that do not include adequate space or types of amenities for which exclusive use is typically requested have been interpreted by staff as not available for Exclusive Use Permits. These would include the smaller parks such as Cannery Park, Victory Village Park, Greenwood Manor Park and Encinal Park. Other parklands that also fit this description include Orchard Heritage Park and John W. Christian Greenbelt. None of these sites have multi-purpose buildings, courtyards or group picnic grounds.

What types of Activities may be Permitted?

The types of uses for which permits are requested varies greatly from single-use activities such as birthday parties, to seasonal permits for multiple sites for  Little Leagues and Soccer Leagues, to on-going uses such as church groups that meet at one site on one day per week year-around. In general, uses may be categorized as:

·         Sports Related – Team and individual sports related uses including, but not limited to softball, football, soccer, cricket games, tournaments and leagues.

·         Special Events:

·         Community Events ― Large-scale events that are open to the general public such as State of the City, Arts Festivals, Environmental Fairs, Neighborhood Association celebrations, etc. that make use of parks and park areas. Some of these events may be sponsored or supported by City programs and services.

·         Private Events ― Large and small-scale events that are not open to the general public, such as church services, birthday parties, weddings, fund-raising activities, etc., that make use of parks and park facilities. This category would also include educational, fraternal and social groups/clubs that might welcome visitors for some of their meetings/events, but would also limit non-member attendance as needed to enjoy their meetings and special events.

Are there Capacity Limits for Parks and Park Facilities?

Council has examined Park Capacity and Use in the past (Report to Council No. 00-033 dated March 28, 2000). This study examined various aspects of parkland use, capacities for use, whether or not to establish specific capacity limits and among other things at that time Council determined to:

“Accept staff’s assessment that Sunnyvale’s public parks are not, in general, taxed beyond capacity, and directed staff to take no further action to mitigate park capacity issues. And, encouraged staff to continue working with park users and Sunnyvale residents living adjacent to public parks to resolve ‘good neighbor’ issues through operational and administrative measures where possible.”

As noted below there are some good reasons not to attempt to be absolutely specific for capacities and use of parks and park areas. However, at times Council has made broad determinations for capacities of use. Such determinations may be made with an eye toward managing the impact of user groups within a neighborhood or park. This is the case when Council approves a specific size of facility for a park. Two tennis courts have been approved at most larger parks while six have been constructed at Sunnyvale Middle School, seven at Fremont High School and sixteen courts are located at the Las Palmas Tennis Center. In similar fashion, Council directed staff to eliminate the large picnic grounds at Washington Park as the renovation of that park was completed, thereby reducing the capacity of the facility. The size and number of amenities per park/facility has been designated as City Council approved various projects. In this manner, a very broad determination has been made as to the size of user group anticipated or capacity of the facility that Council intended.

As capacities for parks and park areas relate to Exclusive Use Permits, it is the task of the Director of Parks and Recreation to utilize the Permit for Exclusive Use ― Application ― Standards (Municipal Code 9.62.120) while taking any specific Council direction into consideration. That is, beyond the broad determinations of capacity limits, City Council has the additional ability to set any appropriate capacity limits for Exclusive Use Permits at any specific park or park area. Staff is not aware of City Council having taken such action(s) in the past.

As Council may find the need, through resident input or other means, they may set specific limitations and note capacities for Exclusive Use Permits. Council is not required to designate specific capacities for all possible uses of parks and park areas. In fact, it would be very difficult to provide such numbers as many areas may be used concurrently formally (with permit) and informally (first come ― first served). The types of use can vary so widely that the typical numbers to attend one type of event would be far different from what one would see at a different event in the same facility. Sports field use is a good example of variation in the types of games and visitorship that we see on one park area. One multi-purpose sports field may be used for three or four games and their spectators all at once or this same multi-purpose sports field may be used for just one game with no spectators. Additionally, parks and park areas may be used by large crowds for special events (State of the City, arts festivals, corporate or church celebrations, etc.) wherein it is nearly impossible to get a precise count of attendees or enforce as necessary some specific capacity limit that could be established.

Other portions of the Sunnyvale Municipal Code and/or state or federal laws provide specific capacities for all buildings, including park multi-purpose buildings. Generally these limits are set with safety (fire regulations, earthquake safety, etc.) in mind and are noted in Attachment C.

Additionally, administratively staff has designated group picnic sites for particular sized groups. While these are not specific capacities for safety, they are estimations of the sizes of groups that will comfortably be served by the facilities at each location. These limits are also noted in Attachment C.

Are there Time Limits for Parks and Park Facilities?

Sunnyvale Parks do not “Open” and “Close” for use at any specific times each day. However, Sunnyvale Municipal Code Section 9.62.090 notes that:

“No person shall remain, stay, loiter in any public park, between the hours of nine p.m. and six a.m. of the following day without approval of the director.”

Consistent with this portion of the code, exclusive use of parks and park areas may be allowed for any time period and some applicants have been allowed to use facilities overnight for 24-hour walk-a-thon fund-raising events. This was the case in 2004 and 2005 when the American Cancer Society received permits for walk-a-thons that utilized sports fields.

Some park facilities have had ongoing uses that extend beyond 9 p.m. Most commonly these are sports games located at lighted sports fields, tennis facilities and basketball courts. The director has allowed use of these facilities until 10 p.m. whether through setting the lighting system timers to shut off at 10 p.m. or issuing exclusive use permits that note the activities must end at 10 p.m. Consistent with this portion of the code, park multi-purpose buildings also may receive permits for extended hours of use.

II.                What about Plaza del Sol?

Why designate Plaza del Sol for Exclusive Use Permits?

Plaza del Sol is a new and unique facility for Sunnyvale. Please see Attachment D, Plaza del Sol site plan. Although the Plaza has few of the amenities that usually attract requests for Exclusive Use Permits (no picnic sites, sports fields or buildings), it does have a well-designed performance stage and a large area for spectators to view a play, concert, speeches or other activity for which an Exclusive Use Permit would usually be required. Its downtown location at the corner of Frances Street and Evelyn Avenue is a natural spot for certain types of large group activities, including arts shows and ethnic festivals. These elements make the Plaza a likely candidate for requests for exclusive use. In fact, the director has approved several such special events on a case-by-case basis while this study was being prepared for Council’s review. Approved exclusive uses have included the Sunnyvale Thai Festival, an Earthday Celebration and the Sunnyvale Art and Wine Festival.

Approvals for exclusive use for special events noted above have been provided with any eye on the unique features of Plaza del Sol. This Plaza was built on the top of a parking structure utilizing elements such as granite tiles and special hardscapes designs not found in typical parklands. It is possible to damage these special surfaces with misuse. These surfaces could be damaged by certain products (cooking oils, grease, paints, stains, glues, etc.) that are commonly used at large festivals. Many festivals and special events include face painting, children’s arts activities, large cooking equipment (BBQ’s, hot oil fryers, etc.) and other elements that would not be appropriate on the hardscapes of the Plaza. Limitation of this sort of materials and related activities is anticipated during staff’s review of Community Event Applications. These limitations are operational in nature and would not prevent exclusive use of the Plaza. However, limitations would require notification of applicants during the Community Event Application process and special consideration of event layout to ensure none of these products/materials is used at the Plaza.

Should there be Capacity Limits for Plaza del Sol?

During design, the Plaza was shaped and formed to allow a maximum capacity of 2,700 persons. This is a significant capacity for use and allows many diverse types of large group activities. Typically, staff does not monitor open space facilities for actual numbers of users at any point of time but would use this number while reviewing applications for an event or activity. Please see Attachment E, Community Event Application. As various parties submit their Community Event Application forms to the City, the information is distributed to affected departments for review and input. One criterion that the Department of Parks and Recreation would use in this review is the designed capacity of 2,700 persons. The department would not approve an application that anticipated more than this number of visitors at one time. As the planned number of visitors approached this limit, staff could include requirements that the applicant monitor the numbers of visitors and control the event such that the capacity would not be exceeded.

Weight capacities should also be considered. Due to its location on the top of the parking structure, the Plaza has weight restrictions and load capacities that would eliminate some types of uses that might be allowed elsewhere. Specifically, the structure below the Plaza was designed to carry a live load of 250 pounds per square foot. However, a portion of this load-carrying ability was used as we placed concrete, granite, soil and plantings onto the surface. The completed project meets the requirements of a minimum of 100 pounds per square foot. This weight capacity is sufficient to allow small maintenance vehicles to enter and perform daily tasks, but it does not allow entry of larger vehicles (fire trucks, dump trucks, etc.) or several vehicles at once as might be displayed at an event such as a hot rod show or classic/antique auto club event.

Should there be Time Limits for Plaza del Sol?

Time limitations could be provided for exclusive use of Plaza del Sol. However, current code is specific regarding loitering in public parks, and the director also has the ability to allow use beyond normal hours of 6 a.m. through 9 p.m. for specific activities with or without a Permit for Exclusive Use. Therefore, specific time limits would only be necessary if Council determined that on-going use of the Plaza should be allowed along time lines other than those currently used for other park areas.

FISCAL IMPACT

Currently fees for Exclusive Use Permits for parks and park facilities contribute approximately $250,000 per year to the Community Recreation Fund for use of picnic sites, sports fields and multi-purpose buildings.

In Fiscal Year 2004/05 the revenues were as follows:

A significant reduction in the number of park areas designated for exclusive use or the number of permits allowed and/or a decrease of their related fees would result in a reduction of funds available for the support of recreational activities for the community.

A significant increase in the number of park areas designated for exclusive use or the number of permits allowed and/or an increase of their related fees would result in an increase of funds available for the support of recreational activities for the community.

Conclusion

• It is beneficial to park visitors to allow Exclusive Use Permits, thereby decreasing arguments over use and providing users an opportunity to plan their activities.
• Fees charged for Exclusive Use Permits are placed into the Community Recreation Fund and assist in provision of services to heavily subsidized recreation services for senior, youth, disabled and economically challenged populations.
• Parks and park facilities have been designated for exclusive use by City Council through several means, including approved parkland development; approved facility/project construction; and, specific Council action.
• Council may designate areas, uses, capacities and time lines for Exclusive Use Permits from time to time and current related practices are listed in Attachment C, Exclusive Use Permit Guidelines.
• As a new and unique facility, Plaza del Sol should be designated specifically by Council regarding Permits for Exclusive Use.

PUBLIC CONTACT

Public contact was made through posting of the Parks and Recreation Commission and City Council agendas on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, publication of the Council’s agenda in the San Jose Mercury News and availability of the report in the City Clerk’s Office, Library, Parks and Recreation Administration, Community Center and Senior Center.

Notice of Commission and Council meetings regarding this report was also distributed to the "Friends of Parks and Recreation" mailing list (a list of organizations and individuals who have expressed an interest in parks and recreation issues).

ALTERNATIVES

1. Approve areas designated as available for Exclusive Use Permits along with their current uses, capacities and time lines as outlined in Attachment C, Exclusive Use Permit Guidelines and as detailed within Municipal Code 9.62.120.

2. Designate Plaza del Sol as available for special event Exclusive Use Permits as outlined in Attachment C.

3. Do not approve areas designated as available for Exclusive Use Permits along with their current uses, capacities and time lines as outlined in Attachment C Exclusive Use Permit Guidelines.

4. Do not designate Plaza del Sol as available for Exclusive Use Permits.

5. Direct staff to take other action(s) as related to this matter.

RECOMMENDATION

The Parks and Recreation Commission reviewed this report on November 9, 2005, and unanimously recommended Alternatives 1 and 2, as stated below.

Staff recommends Alternatives 1 and 2.

1. Approve areas designated as available for Exclusive Use Permits along with their current uses, capacities and time lines as outlined in Attachment C, Exclusive Use Permit Guidelines and as detailed within Municipal Code 9.62.120.

2. Designate Plaza del Sol as available for special event Exclusive Use Permits as outlined in Attachment C.

This action supports Council’s various steps taken in past years to establish areas and uses that are acceptable to residents, numerous user groups and the general public for exclusive use of Sunnyvale Parks and would allow user groups to secure permits for special events at Plaza del Sol using existing administrative reservations processes. Through this designation the Plaza could see more frequent use and residents could have increased numbers of recreational opportunities in the coming years.

Reviewed by:
David A. Lewis, Director, Parks and Recreation
Prepared by: Curtis Black, Superintendent of Parks
Larry Iaquinto, Interim Superintendent of Parks

Reviewed by:
Mary J. Bradley, Director, Finance

Approved by:
Amy Chan

City Manager

Attachments

A. Study Issue Paper 2005, PRD-01 Develop Exclusive Use Policies for Sunnyvale Parks and Open Spaces

B. Municipal Code 9.62.120 Permit for Exclusive Use―Application―Standards

C. Exclusive Use Permit Guidelines
D. Plaza del Sol Site Plan
E. Community Event Application