PURPOSE:

The purpose of this report is for City Council to consider an appeal of the Park, Recreation and Community Services Director�s decision to deny the Commercial Application for a permit to conduct a running program.  The request by Ms. Tina Castaldi, applicant and appellant, was to approve a class held in the parking lot adjacent to Wildwood Canyon Park and the roads around the DeBell Golf Course.  It was to be held Monday thru Friday from 5:00 a.m. to 6:30 a.m.

BACKGROUND:

Staff received a Commercial Permit Application (attachment 1) on December 6, 2004.  The applicant requested to utilize the parking lot adjacent to Wildwood Canyon Park and the roads around DeBell Golf Course to conduct a running program.  The class would be offered Monday thru Friday from 5:00 a.m. to 6:30 a.m.  It was proposed to start on January 24 and finish on April 22.  The anticipated enrollment was fifty (50) individuals.  The permit did not request to utilize an amplified sound system.

Upon receiving the Commercial Permit Application, a public notice was given to the Burbank Leader for publication (attachment 2) and notices were mailed to residents in the surrounding neighborhood (attachment 3).  Any interested individual was requested to forward any comments within a prescribed time frame.  Over two thousand (2000) notices were mailed.  I received sixty-one (61) responses with seventy (70) signatures which opposed granting the permit and one (1) response which was in favor (attachment 4).

The preliminary estimate of the rental fees which would be required by the City to conduct the program was $2600.  Additional costs included the $185.00 application fee, a $100 cleaning and maintenance deposit and on site staffing cost as determined by the Director.

The original appeal hearing was scheduled for January 25, 2005.  At the request of Ms. Castaldi, the hearing was continued to March 8, 2005.  A letter (attachment 7) dated January 28, 2005 was sent notifying her of the continuance.  In addition, on February 22, 2005, a notice of the appeal hearing (attachment 8) was mailed to individuals who had previously responded concerning the commercial permit request.

ANALYSIS:  

The applicant anticipated 50 participants.  This would create a significant increase in traffic in this area Monday thru Friday.  There are basically two (2) access roads to the requested area.  Even if the class participants were required to take various designated travel routes, potentially there could be as many as twenty five (25) vehicles stopping and starting at the Harvard and Sunset intersection, as well as the Walnut and Sunset intersection.  Other streets leading to the access roads would also encounter increased traffic.

The proposed class would commence at 5:00 a.m.  This would result in vehicles driving thru residential neighborhoods as early as 4:45 a.m.  Generally, programs and services which negatively impact residential neighborhoods do not start until 7:00 a.m.  The exception to this policy is the DeBell Golf Course.  The course has been in operation over forty five (45) years, and residents are aware of the need for early morning maintenance and starting times commencing at sunrise.

Given that during certain times of year it is still dark at 5:00 a.m., there would be potential safety issues.  With limited light, it is difficult to see where one is running.  In addition there could be concerns with vehicle traffic as they approach groups of runners.

In addition, this type of program is not compatible with the surrounding neighborhood and could create conflicts between program participants and the residents.

To mitigate some of the concerns, I could require that staff be assigned to oversee the activity.  The cost of one recreation leader working a two (2) hour shift would be $150.00 per week.  The staff member would insure that class participants would not run through the adjacent residential neighborhood and that program leaders would not utilize an amplified sound device.  However even with supervision, it remains that the neighborhood would be negatively impacted at an unreasonable early morning hour and thus I denied the permit (attachment 5).  Ms. Castaldi appealed that denial via a written communication dated December 22, 2004 (attachment 6).

CONCLUSION:

The approval of the appeal by the City Council would allow the applicant to conduct the program for up to fifty participants, Monday thru Friday, from 5:00 a.m. � 6:30 a.m. in the parking lot adjacent to Wildwood Canyon and the roads around DeBell Golf Course.  The dates of the activity would be adjusted since the permit requested that the program begin January 24, 2005. 

RECOMMENDATION:

Staff recommends that the City Council uphold the Park, Recreation and Community Services Director decision and deny the appeal.

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