HomeMy WebLinkAboutStaff Report 14381
City of Palo Alto (ID # 14381)
City Council Staff Report
Meeting Date: 5/16/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: SECOND READING: Parks and Recreation Commission Recommend
Adopting an Ordinance to Amend the Foothills Nature Preserve Attendance
Range to 400-600 Guests (FIRST READING: May 2, 2022: PASSED 7-0)
From: City Manager
Lead Department: Community Services
This was heard by the City Council on May 2, 2022 for a first reading and was approved 7- 0. No
changes were made to the Ordinance; it is now before you for a second reading.
Attachments:
• Attachment A: Ordinance Amending Section 22.04.150(k) of PAMC to Amend Capacity
Range for Foothills Nature Preserve
• Attachment B: PRC Open Space Photography and Film Policy
*NOT YET APPROVED*
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248_20220414_ts24
Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Amending Section 22.04.150(k)
of the Palo Alto Municipal Code to Amend the Capacity Range for Foothills
Nature Preserve
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and declarations. The City Council finds and declares as follows:
A. The City’s Foothills Nature Preserve is reserved for park, playground, recreation,
or conservation purposes by Palo Alto Municipal Code (PAMC) 22.08.090 et seq.;
B. Based on recommendation from the Parks and Recreation Commission, the City
Council desires to modify the capacity range of Foothills Nature Preserve and make amendments
to some Preserve discounts.
SECTION 2. Subsection (k) of section 22.04.150 (Foothills Nature Preserve) of Chapter
22.04 (Parks and Recreation Building Use and Regulations) of Title 22 (Parks) is hereby amended
as follows (new text in underline, deleted text in strikethrough):
(k) No more than 650 600 people shall be permitted in Foothills Nature Preserve at any one
time.
(1) The city manager or designee may establish a capacity limit in the range of 300 to 650 400
to 600 people at Foothills Nature Preserve in order to protect the health, safety, and welfare of
preserve users; to protect the natural resources in the preserve; and/or due to limits in parking,
facilities, or staff availability. The city shall not distinguish between residents and non-residents
in setting any limits under this subsection.
(2) The following persons shall not count toward the limit in this subsection: visitors with
reservations in the Towle Campground, Oak Grove Picnic Area, and Interpretive Center Meeting
Room; city-sanctioned recreation and education groups (including city-run programs for summer
camps, field trips, and community partner youth groups); group permit holders; city-sanctioned
park volunteers; and visitors arriving in a vehicle with a valid disabled person parking placard or
license plate.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each and every
section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without
regard to whether any portion of the Ordinance would be subsequently declared invalid or
unconstitutional.
*NOT YET APPROVED*
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SECTION 4. The Council finds that this project is categorically exempt from the provisions
of the California Environmental Quality Act (“CEQA”) under sections 15301 (Existing Facilities)
and 15323 (Normal Operations of Facilities for Public Gatherings).
SECTION 5. This Ordinance shall be effective on the thirty-first date after the date of its
adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
NOT PARTICIPATING:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Community Services
____________________________
Director of Administrative Services
Attachment A
The Parks and Recreation Commission recommends that City Council adopt the following Open
Space and Parks Photography and Film policy (Attachment A):
Palo Alto Open Space and Parks Photography and Film Policy
Photography and Film Permit overview
• Photography and film is defined as the recording on any medium of still or motion
images
• Permits are not required for personal photography and film
• Permits are required for low-impact photography and film
• High-impact photography and film are not permissible
• Please allow a minimum of two weeks (14 calendar days) for permit approval and
processing
• Permit fees may apply
• Parking is limited, and vehicles generally are not permitted outside of designated parking
lots and roadways
• The use of drones is not permitted
• To protect wildlife and habitat, access is limited to designated trails (see exclusions
below) and established use areas such as turf and picnic areas
Personal Photography and Film—No Permit Required
Permits are not required for photography and film that meets all the following requirements:
• Non-commercial (still, motion picture, video, digital, and other)
• No impacts to vegetation, habitat, wildlife, or visitor use
• 24 or fewer people
• Duration of one hour or less
• No exclusive use of parks and preserves (blocking trails, parking spaces, roads, pathways,
or any public access)
• In compliance with all municipal codes and park regulations. Municipal Code and Park
Regulations may be found here:
https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space-
Parks/Open-Space-Preserves/Rules-Regulations
• Examples of personal photography and film include photography that does not require
additional permits, small professional group shoots with limited subjects and crew (e.g.,
one photographer, 1-5 subjects) such as an engagement or immediate family photography
session, and shoots with no impact to vegetation, habitat, wildlife, or visitor use.
Photography and Film--Permit Required
Low-impact photography and film may be permitted. This is generally associated with smaller
shoots that do not significantly impact City-owned property, the public right-of-way, and other
visitors use of the park or preserve. Permits cannot be issued for shoots that will have any
significant impacts to vegetation, habitat, wildlife, or visitor use.
Low-impact photography or film requires that a completed Photography and Film Permit
application be submitted to the manager of the desired park or preserve. The application will be
reviewed, and a permit may be granted once all fees and forms have been submitted. Wedding
photography and film may, depending on the circumstances, require a permit and fees.
Permits are required for photography and film that includes:
• Commercial shoot (as defined in Palo Alto Open Space and Parks Regulations R1-21A)
• Duration of up to two hours
• Multi-camera shoot
• Additional lighting, sound, and other equipment
Permits for photography and film will not allow the following:
• Commercial shoots that significantly impact City-owned property or the public right-of-
way, either by utilizing a large area of City-property, negatively impacting the property,
or requiring traffic control/street closures. Typically, these shoots include a crew with
multiple photographers/cameras, and assistants and talent.
• Shoots on weekends and City holidays
• Shoots during park closure hours
• Duration of shoot for more than two hours, including set up and tear down
• Exclusive use of a significant area within a park or preserve
Photography and Film Permit Application Conditions
All permit applicants shall accept and agree to comply with the following photography and
film general conditions:
1. Utmost care will be exercised to ensure that wildlife, habitat, and natural/historic/cultural
resources are not disturbed or impacted.
2. Photography and film of wildlife will be permitted only when such wildlife will not be
approached within 100’, fed, harmed, or otherwise disturbed from their natural behavior.
3. Drones are not allowed.
4. No employee of the City of Palo Alto may work for the permittee in any capacity
whatsoever while in uniform or if directly involved in supervision of the permittee.
5. Amplified sound such as gunfire, sirens, public address systems, and other similar noise-
producing equipment are not permitted under any circumstances. Other amplified sound such
as music requires an additional noise abatement permit for a level more than fifteen dB above
the local ambient at a distance of twenty-five feet or more. PAMC 22.04.180/PAMC 9.10.050
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-83686#JD_22.04.180
https://codelibrary.amlegal.com/codes/paloalto/latest/paloalto_ca/0-0-0-66214#JD_9.10.050
6. Production vehicles shall park according to an approved parking plan.
7. Areas of filming shall be cleared, and the site left as found at end of each day’s shooting.
8. Smoking, vaping, or any open flame are not permitted.
9. Exclusive use of any significant areas is not permitted, including:
• Closing roads and trails
• Off-trail access
• Access to trails less than 48” (must allow at least 5’ of trail width for other park visitors
to pass)
• Use of generators requires an additional permit and fees (see Special Event Permit
Application)
11. Fees will be determined during the permit review process and will be discussed with
applicant prior to permit issuance. A refundable deposit of up to $1,000 may be required to
ensure compliance with permit conditions. The amount, if any, to be refunded to the permittee
is solely at the discretion of the City of Palo Alto.
12. A permit is required for all groups of 25 people or
more https://www.cityofpaloalto.org/Departments/Community-Services/Open-Space-
Parks/Open-Space-Preserves/Rules-Regulations
13. The Special Event Permit fee range (currently $324 - $2,163) applies to Parks and Open
Space Photography and Film Permits