Chapter 18.76 PARKS OF LOCAL SIGNIFICANCE

Chapter 18.76
PARKS OF LOCAL SIGNIFICANCE

Sections:

18.76.010 Parks of local significance.

(1) Park and recreation areas which exhibit one or more of the following characteristics may be designated by the city to be of local significance:

(a) The park or recreation area contains significant recreation or cultural opportunities or facilities, such as amphitheaters, museums, community centers, sports complexes, regional trails, marinas, etc.;

(b) The location, geography, configuration or facilities of the park or recreation area is/are especially appropriate for use by particular population groups (e.g., the elderly, preschool children, the disabled);

(c) Because of its location, age or scale, it is an easily identifiable visual feature and contributes to the distinctive quality or identity of the city;

(d) The park or recreation area contains unusual or special botanical resources;

(e) The park or recreation area contains environmentally sensitive areas as defined in Chapter 13.16 NPMC that serve a significant role or provide a significant function in the natural systems within the city planning area;

(f) It is associated in a significant way with an historic event, structure or person with a significant effect upon the city, state or nation; or

(g) It is associated in a significant way with a significant aspect of cultural heritage of the city, state or nation.

(2) Based upon the criteria provided in subsection (1) of this section, the following parks have been found to be of local significance:

(a) Brittany Park (Applicable criteria: (1)(c), (1)(g));

(b) Decorative Parks (total of 11 in city) (Applicable criteria: (1)(c), (1)(g));

(d) Civic Center Park (Applicable criteria: (1)(a), (1)(b), (1)(f), (1)(g));

(e) Marine View Park (Applicable criteria: (1)(b), (1)(d), (1)(e));

(f) Nature Trails Park (Applicable criteria: (1)(e));

(g) Walker Preserve (Applicable criteria: (1)(e)). (Ord. 609 § 1, 1995).

18.76.020 Exterior noise levels.

(1) Except for golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, nature trails and wildlife refuges, park and recreation areas designated as being of local significance as specified by the city shall not be subjected to adverse land uses which result in exterior noise level exposures which exceed an Ldn of 55 dBA, or the existing Ldn level as of the effective date of the ordinance codified in this chapter, whichever is greater.

(2) Golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, nature trails and wildlife refuges designated as being of local significance as specified by the city shall not be subjected to adverse land uses which result in exterior noise level exposures which exceed an Ldn of 60 dBA or the existing Ldn level as of the effective date of the ordinance codified in this chapter, whichever is greater.

(3) Proponents of projects which will increase noise levels to which park and recreation areas are exposed above those existing on the effective date of the ordinance codified in this chapter, or above an Ldn of 55 dBA (or 60 dBA for golf courses, ball fields, outdoor spectator sports areas, amusement areas, riding stables, nature trails and wildlife refuges), whichever is higher, must submit a noise mitigation plan to the city for review and approval before the required permits may be issued to allow the project to proceed. (Ord. 609 § 2, 1995).

18.76.030 Severability – Construction.

(1) If a section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter.

(2) If the provisions of the ordinance codified in this chapter are found to be inconsistent with other provisions of this code, the provisions of the ordinance codified in this chapter shall control. (Ord. 609 § 3, 1995).