The Board of Education recognizes that district facilities and grounds are a community resource and authorizes their use by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities. All school-related activities shall be given priority in the use of facilities and grounds under the Civic Center Act.
The Board of Education is committed to providing facilities and grounds that rank among the best of comparable facilities in Orange County, as funds are available, and to enforcing all state laws and regulations regarding the construction and operation of school facilities for their instructional and community uses. The Board of Education directs staff to adhere to all mitigations that are the result of Environmental Impact Report (EIR) findings as well as fulfill additional measures that are identified in this BP 1330 and accompanying AR 1330.
The Superintendent or designee shall maintain procedures and regulations for the use of school facilities and grounds that: (Education Code 38133)
1. Aid, encourage, and assist groups desiring to use school facilities for approved activities
2. Preserve order in school buildings and on school grounds and protect school facilities, designating a person to supervise this task, if necessary
(cf. 0450 - Comprehensive School Safety Plan)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
3. Ensure that the use of school facilities or grounds is not inconsistent with their use for school purposes and does not interfere with the regular conduct of school work
ATHLETIC FACILITIES
Concerns about school operations pertaining to student activities or athletics on/in District athletic facilities are to be referred to the District by emailing facilityconcern@nmusd.us or calling 714-424-3696 (24-hour line). All concerns will be forwarded to the Board of Education and addressing the reported concerns will be referred to the Office of the Chief Operations Officer who will be responsible for responding to the concern.
(cf. 6145.5 - Student Organizations and Equal Access)
SPECTATOR SEATING CAPACITY
All California Interscholastic Federation (CIF) sanctioned contests will not exceed spectator seating capacity. The capacity of each facility has been determined by the District and is listed in the following chart.
Site / Main Field / Gymnasium
Costa Mesa High / 1000* / 1400
Corona del Mar High / 664 (200 auxiliary) / 1200
Estancia High / 2500* / 1600
Newport Harbor High / 4900 / 1650
*Additional temporary spectator seating is added to the home team's field when hosting the Battle of the Bell.
PUBLIC ADDRESS SYSTEMS
The following chart defines allowable sound systems and maximum decibel level for events per facility.
Site / System / Max Decibels (dbLeq)
Costa Mesa High / Permanent / 55 at edge of closest residential property
Corona del Mar High / Portable / 55 at edge of closest residential property
Estancia High / Permanent / 55 at edge of closest residential property
Newport Harbor High / Permanent / 55 at edge of closest residential property
LIGHTING
Lighting will be tested in accordance with EIR procedures and locations to assess light spillage.
Site / Lighting Product / Vertical Light Levels Limits in foot-candles
Costa Mesa High / Shielded (Metal Halide) / N/A
Corona del Mar High / Shielded (LED) / 0.8
Estancia High / Shielded (Metal Halide) / N/A
Newport Harbor High / Shielded (Metal Halide) / N/A
In August of each year, the District will conduct an analysis measuring permanent light levels and PA sound system levels to ensure that impacts do not exceed those tested in the California Environmental Quality Act (CEQA) process. A report will be provided to the Board.
Residents near each comprehensive high school will be offered a minimum of two meetings per school year to discuss concerns and identify possible solutions related to operating conditions and impacts, including those contained in any EIR.
FEES
The Board authorizes the use of school facilities or grounds without charge by nonprofit organizations, clubs, or associations organized to promote youth and school activities. In accordance with Education Code 38134(a), these groups include, but are not limited to, Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teacher associations, and school-community advisory councils. Other groups, including nonprofit groups not organized to promote youth and school activities or for-profit groups that request the use of school facilities under the Civic Center Act, shall be charged at least direct costs.
Groups shall be charged fair rental value when using school facilities or grounds for entertainment or meetings where admission is charged or contributions solicited and net receipts are not to be expended for charitable purposes or for the welfare of the district's students. (Education Code 38134)
USE OF ATHLETIC FACILITIES
Specific District facilities will not be made available for use other than school instructional programs, ASB activities or athletic programs. These guidelines are described in Administrative Regulation (AR) 1330 and Rule and Regulation - Use of School Facilities Under the Civic Center Act.
ARTIFICIAL TURF FIELDS AND TRACKS
MONDAY-THURSDAY
School in Session: 7am-8pm (Practice)
School not in Session*: 8am-8pm (Practice)
Use of Lights: Practice until 8pm
FRIDAY
School in Session: 7am-8pm (Practice); 7am-10pm (Games);7am-9pm (CdM Games)
School not in Session*: 8am-8pm (Practice); 8am-10pm (Games); 7am-9pm (CdM Games)
Use of Lights: Practice until 8pm; Games until 10pm; CdM until 9pm
SATURDAY
9am-8pm (Practice); 9am-10pm (Games); 9am-9pm (Cdm Games)
School not in Session: No Use*
Use of Lights: Practice until 8pm; Games until 10pm; CdM None*
SUNDAY
No Use
School not in Session: No Use
Use of Lights: No Use of Lights
PLEASE NOTE:
* "Not in Session" no use is permitted unless CIF sanctioned activities have been scheduled by the Southern Section CIF Office or use is permitted per agreements with municipalities.
District artificial turf fields and tracks are not available for private outside use.
Public agencies are only allowed to use artificial turf fields and tracks with District approval. After practice the lights would be on at approximately 40% of full level for fifteen minutes for cleanup. After games the lights would be at approximately 40% of full level for one hour for clean-up, except for clean-up for Homecoming, Battle of the Bell, and Battle of the Bay.
Public Address systems are only to be used for games and special events, such as opening day for sports teams, track meets, or graduations. Public Address systems will be turned off after the final announcement asking everyone to leave the facility.
The Superintendent or his designee(s) may allow occasional use outside these hours. Requests must be made at least 60 days in advance.
NATURAL TURF FIELDS AND TRACKS
MONDAY-THURSDAY
Not Lighted: School in Session: 7am-Dusk or 8pm (Whichever is earliest)
Not Lighted: School not in Session: 8am-Dusk or 8pm (Whichever is earliest)
With Lights: School in Session: 7am-8pm; School not in Session: 8am-8pm
FRIDAY
Not Lighted: School in Session: 7am-Dusk or 8pm (Whichever is earliest)
Not Lighted: School not in Session: 8am-Dusk or 8pm (Whichever is earliest)
With Lights: School in Session: 7am-8pm; School not in Session: 8am-8pm
SATURDAY
Not Lighted: 9am-Dusk or 8pm (Whichever is earliest)
Not Lighted: School not in Session: 9am-Dusk or 8pm (Whichever is earliest)
With Lights: School in Session: 9am-8pm; School not in Session: 9am-8pm
SUNDAY
Not Lighted: 10am-Disk
Not Lighted: School not in Session: 10am-Dusk
With Lights: School in Session: No Use of Lights; School not in Session: No Use of Lights
PLEASE NOTE:
Public address systems may only be used for special events.
The Superintendent or designee(s) may allow occasional use outside these hours. Requests must be made at least 60 days in advance.
USE OF TENNIS COURTS
MONDAY-THURSDAY
8am-8pm
FRIDAY
8am-8pm
SATURDAY
8am-8pm
SUNDAY
10am-Dusk (No use of lights on Sundays)
PLEASE NOTE:
Lights may be used as necessary to light courts during approved use.
USE OF POOLS
MONDAY-THURSDAY
5:30am-9pm
FRIDAY
5:30am-9pm
SATURDAY
5:30am-9pm
SUNDAY
10am-8pm
PLEASE NOTE:
Lights may be used as necessary during the year to accommodate the use from 5:30am-9:00pm. Lights will be dimmed to approximately 40% of full level for fifteen minutes at the end of use, for cleanup.
No use of whistles at pools before 7:00 am.
Public address systems may only be used for games and meets.
The Superintendent or designee(s) may allow occasional use outside these hours. Requests must be made at least 60 days in advance.
SITE RENOVATION, IMPROVEMENT OR ALTERATIONS
District staff will make an informational presentation at a Board Meeting regarding proposed site renovation, improvement or alterations regarding construction projects that are not otherwise exempt from CEQA. This informational presentation shall be made before staff makes a formal request to the Board to approve the design and scope of the project (except in the case of emergency). The presentation will include a description of the project and an estimated range of costs. Following this presentation, staff will engage local community members to discuss the proposed project. Once information has been shared with local communities, staff will return to the Board of Education and share the input received from residents and make a recommendation to move forward or abandon the proposed construction, remodel or alteration to the school site.
As the District opens new or renovated facilities, staff will meet with neighbors to share plans to minimize the impact on surrounding homes. Concerns such as noise, lights, parking, and traffic shall be discussed and solutions will be developed in a good-faith effort to limit the impact on adjacent neighborhoods.
Legal Reference:
EDUCATION CODE
10900-10914.5 Community recreation programs
32282 School safety plan
37220 School holidays
38130-38138 Civic Center Act, use of school property for public purposes
BUSINESS AND PROFESSIONS CODE
25608 Alcoholic beverage on school premises
MILITARY AND VETERANS CODE
1800 Definitions
PUBLIC RESOURCES CODE
21000- 21189.3 California Environmental Quality Act
UNITED STATES CODE, TITLE 20
7905 Equal access to public school facilities
COURT DECISIONS
Good News Club v. Milford Central School, (2001) 533 U.S. 98
Lamb's Chapel v. Center Moriches Union Free School District, (1993) 508 U.S. 384
ACLU v. Board of Education of Los Angeles, (1961) 55 Cal .2d 167
ATTORNEY GENERAL OPINIONS
82 Ops.Cal.Atty.Gen. 90 (1999)
79 Ops.Cal.Atty.Gen. 248 (1996)
Management Resources:
CALIFORNIA DEPARTMENT OF EDUCATION LEGAL ADVISORIES
1101.89 School District Liability and "Hold Harmless" Agreements, LO: 4-89
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
Policy NEWPORT-MESA UNIFIED SCHOOL DISTRICT
adopted: January 16, 2018 Costa Mesa, California