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Chapt 21.61 Spec Uses (1989)OF PUL LIGAT' ')N 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 . IN THE CITY OF CAMPBELL ....................... ...................... COUNTY OF SANTA CLARA City of Campbell 75 North Central Aven.u..e ............................ Campbell, CA 95008 ............................................. ~ .................. .O..,t~_ ~...~_~....~.Q~.. ,]..Z~ 2... No ............................................................. STATE OF CALIFORNIA, COUNTY OF SANTA CLARA ss. T,..,..,~.~ ~ r., ~ ~ ~.po~'.,,d a~e ml~ F~I; a~ aS It a~ ~ an a~ I~ ~ stm ~ t~ F~ipal c~k ~ Ire ~ter and c~ ~ San ~ ~ ~ ~ty ol Santa ~a. State ol ~1~. t~l ~M ~n ~ Mef~ N~ ~ and was f~ of t~ G~o~I ~ ol I~ State ~t~t~ of a ~ c~. ~o1~1. ~ ~ ~s ~ ~ta~ ~1~ a~ ~ ~ I~ ~ld city of San ~ ~ ~ ~n~ a~ State al r~ ~t~a~ I~ ~0 t~n ~ year ~ed~ ~t~ w~ ~t ~ t~ ~1 ~ l~n ~r~n~ was ~ ~th w~ds ~t~ ~ ~-Ia~ ~ nol ~1~10 ~ t~t ~ ~ October 25, 1989 ......................................... D~ted at S~n Joe4. Ca~o~r~ ~ .......... ..2..7..[..h.. ............................ d,,y ~......O~Qh~ .................... ,9..&9 ............................................ I 4 feet above flr~hed grade or ORDINANCE NO. 1752 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING CHAPTER 21.02 (DEFINITIONS) AND CHAPTER 21.61 (PROVISIONS APPLYING TO SPECIAL USES) OF THE CAMPBELL MUNICIPAL CODE (TA 89-01) The City Council of the City of Campbell does ordain as follows: SECTION ONE: That Chapter 21.02 (D~finitions) and Chapter 21.61 (Provisions Applying to Special Uses) of the Campbell Municipal Code is hereby amended as set forth in Exhibit A, attached hereto. SECTION T~O: This Ordinance shall become effective thirty days following its passage and adoption and shall be published once within fifteen days upon passage and adoption in the San Jose Mercury News, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 16th day of October roll call vote: · 19 89 · by the following AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: ATTEST: Councilmembers: NONE APPROVED: </..~z~______~~ '% J~[-e Watson, Mayor ~ar-b:i{a Olsasky, Cit~~ THE FO~GOIN~ INSTRUMENT IS A TRU~ Au~ COP~I~CT COPY OF THE ORIGINAL ON FH E IN THIS OFFICE, -, EXHIBIT A - TA 89-01 I. ADDITION TO CHAPTER 21.02 OF THE CAMPBELL MUNICIPAL CODE (Definitions). II 21.02-357 Skateboard Ramp: Any structure or device with an inclined or rounded surface designed or intended to be used to accommodate motorized or non-motorized devices with wheels, such as skates, skateboards, bicycles, or other wheeled devices for the purpose of performing acrobatics, gymnastics, or otherwise propelling said wheeled devices. ADDITION TO CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE (Provisions Applying to Special Uses). 21.61.0 80 Skateboard Ramps: The City Council of the City of Campbell finds that skateboard ramps which are higher than 4 feet above finished grade or depressed more than 4 feet below finished grade and longer or wider than 4 feet may tend to contribute to the detriment of a neighborhood through the generation of noise, unsightliness, invasion of privacy, and disruption of peace and enjoyment of property by residents in the area. Therefore, the following regulations are established with regard to skateboard ramps: me Permitted Ramps: Skateboard ramps which are NOT higher tha~ 4 feet above finished grade or depressed NOT more than 4 feet below finished grade and are neither longer nor wider than 4 feet are hereby permitted in all residential zones within the City of Campbell, subject to the conditions set forth in subsection B. Standard Requirements for any Skateboard Ramp: 1. Not more than one (1) skateboard ramp conforming to the provisions of this section shall be permitted on any parcel of land within the City. 2. Skateboard ramps shall not be located in the public right-or-way. The skateboard ramp shall be located in the rear yard and not in the front yard or side yard (including a street side yard). In no case shall a skateboard ramp be visible from any public street. The skateboard ramp surface shall be covered with a smooth material such as masonite to help reduce noise. Any required Building Permits shall be obtained prior to construction of a skateboard ramp. e Noise: In no case may noise generated from a skateboard ramp create a nuisance for an adjoining property owner or resident. For purposes of this paragraph, noise levels generated by the ramp and its users in excess of 60 decibels measured on an adjoining residential parcel are considered to be a nuisance. Setback: In no case may a ramp be located closer than 10 feet to any property line. Exhibit A - TA 89-01 - 2 - Ce De Ramps Requirin~ Approval of a Conditional Use Permit: Skateboard ramps which exceed the dimensions specified in Section "A" above, may be permitted subject to the approval of a Conditional Use Permit by the Planning Commission. Application for a Use Permit shall comply with the requirements of Chapter 21.72 (Conditional Uses) of the Campbell Municipal Code. Applications for approval of a Conditional Use Permit shall comply with the standards specified in Section "B" above. In addition, skateboard ramps requiring approval of a Conditional Use Permit shall also comply with the following conditions: The underside of the skateboard ramp shall be enclosed and include foam or other suitable sound absorbing material. The setback requirements for ramps requiring approval of a Use Permit is ten (10) feet from the rear and side property lines. The Planning Commission may require greater or lesser setbacks for any skateboard ramp if the Commission finds that such greater or lesser setbacks would adequately protect the surrounding properties from undue disturbance. Exceptions: Commercial and Industrial Areas: Skateboard ramps may be allowed in the commercial and industrial zoning districts of the City in conjunction with a commercial skateboard park, subject to approval of a Conditional Use Permit. Existing Ramps: Skateboard ramps legally existing prior to the adoption of this ordinance may remain, provided: A valid Building Permit was obtained if required by the applicable law. be A building Permit was not required, or the ramp complies with all of the standard requirements outlined in Section "B," above. For purposes of this paragraph 2, property owners who possess a skateboard ramp which was in existence prior to the effective date of this ordinance shall demonstrate to the planning director prior to January 1, 1990, that the ramp legally existed prior to the effective date of this ordinance. If, prior to January 1, 1990, the property owner fails to demonstrate that the ramp was legally in existence prior to the effective date of this ordinance, then the ramp will be presumed to have been created illegally. Be Portable Ramps: One portable ramp less than two feet in height and less than four feet in either length or width may be permitted on a residential parcel of land and shall be exempt from the standards outlined in Section 21.61.030 B above. MEMORANDUM To: From: Don Wimberly, Public Works Director Frank B. Cauthorn, Building Official Subject: Date: CITY OF CAMPBELL /, 10/11/89 i,~/ R B C B I ¥ I D OCT 1 1 1989 P Worm AWml~t~a Building Permit Requirements for skateboard ramps The building code has exempted certain structures from obtaining permits. One such structure is a 'one story detached accessory building used as tool & storage shed, playhouses and similar uses, provided the projected roof area does not exceed 120 sq.ft.' The wording in the proposed skateboard ordinance limits such structures to 'no higher than 4 ft above ground nor 4' below ground and no wider or longer than 4'; such a structure is not over 120 sq.ft, and would be exempt from a building permit. If such a structure exceeds 120 sq.ft, we would therefore require a building permit. The process for review would be the same as for an addition and we would ask for planning review in addition to the building review. The plans should include: site, floor, details of construction, some engineering calcs and anchoring specifications. C~/dp~:t~.r., CALI~I~ CITY COUNCIL MINIYl'ES TUESDAY, ?:30 P.M. Public Hearing - Introduction of Amended ordinance (1752) - Provisions Applying to Special Uses (Skateboard OCTOBER 3, 1989 This is the tL~e and place for a public hearing to cc~sider an ordinance approving a text amendment to Chapter 21.02 and 21.61 of the Campbell Municipal Code to establish regulations regarding skateboard ramps. Planning Director Piasecki - Staff Summary Report dated 10/3/89. Mr. Piasecki suggested possible modifications to the proposed Ordinance to satisfy concerns expressed bymembers of the skateboard ccmmn~tY, as follows: a) state that the Planning Cxmnnission has discretion to grant a lesser setback requirement than specified; b) establish a setback requirement of 10 feet fromthe property lines; and c) establish a lesser fee than the standard use permit fee for skateboard ramps which exceed the specified dimensions. The Mayor declared the public hearing opened. Brian Suit, 828 Sunnypark Court, expressed opposition to a curfew restriction for use of skateboard ramps. Mr. Piasecki - stated that there is no time restriction in the proposed ordinance. Ron Powers, 1093 Virginia Ave., addressed the issue of portable ramps, clarified that ramps less than two feet in height are considered as "launch" ramps. PUBLIC HEARINGS (Skateboard P~mps) (Ordinance 1752) M/s: surr~i - to close the public hearing. Motion adopted unanimously M/S: Burr/Conant - to approve findings and introduce for first reading the proposed amended ordinance, including a modification to II-C(2) to state: "The setback requirements for ramps requiring approval of a use permit is ten (10) feet frcm the rear and side property lines. The Planning C~ssion may require greater or lesser setbacks for any skateboard ramp if the Co~nission finds that such greater or lesser setbacks ~ould adequately protect the surrounding properties frc~ undue disturbance." Motion adopted by the following roll call vote: AYES: Councilmembers: Kotowski, Ashworth, Conant, Burr, Watson NOES: Councilmembers: None ABSENT: Councilmembers: None M/S: Kotowski/Conant - to take minute action interpreting that a modified use permit fee of $150 is appropriate and applicable for a skateboard ramp. Motion adopted 4-1, Councilmember Burr in opposition. The City Clerk read the ordinance title. M/S: Kotowski/Conant - to waive further reading. Motion adopted unanimously. CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: October 3, 1989 Item # PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Planning Department Public Hearing - Introduction of Amended Ordinance - Provisions Applying to Special Uses (Skateboard Ramps) PLANNING COMMISSION RECOMMENDATION That the City Council adopt the attached ordinance, incorporating the attached findings and approving a Text Amendment to Chapter 21.02 (Definitions) and Chapter 21.61 (Provision Applying to Special Uses), to establish regulations regarding skateboard ramps. DISCUSSION Back~round: This item was continued from the City Council meeting of September 5, 1989, in order that the proposed text amendment could be set for public hearing. At the September 5, 1989, meeting, the Council considered a Staff Report which presented a revised draft ordinance regulating skateboard ramps. Proposed Ordinance: The attached ordinance, which is attached for the Council's consideration does the following: - Defines a skateboard ramp. - Permits ramps that are not higher than 4 feet above grade or depressed not more than 4 feet below grade. - Establishes a requirement for approval of a Use Permit for ramps exceeding 4 feet above grade or 4 feet below grade. - Establishes noise standards. - Establishes setback requirements. - Establishes exceptions for ramps built with necessary permits prior to the effective date of this ordinance. MAJOR ISSUES Public: The Staff has been in contact with the representatives of the skateboard enthusiasts who appeared before the Council of earlier meetings. While not opposed in principal to regulating skateboard ramps, they feel that the setback requirements are too restrictive. Staff: Staff is of the opinion that the attached ordinance will provide the City with adequate control over skateboard ramps. TA 89-01 - 2 - October 3, 1989 Planning Commission: The draft ordinance currently under consideration is generally consistent with the draft ordinance recommended by the Planning Commission on May 9, 1989, (Resolution 259). In its resolution, the Commission had recommended that the height above or below grade be 3 feet rather than 4 feet. Attachments 1. Ordinance and Resolution 2. Findings 3. Council minutes from the September 5, 1989, meetin..~ 4. Staff report to the Council of Septemb~ 5, 198/F ~ 5. City Council Minutes from th June ~9~989, m~ . Approved by Planning Director:~ o Approved by City Manager: f:TA89-01 PS/ks CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866'2100 Department: Planning September 28, 1989 Mr. Nelson Reyes 825 San Tomas Aquino Road Campbell, CA 95008 Dear Nelson, At its meeting of September 5, 1989, the City Council directed that the attached draft of a skateboard ramp ordinance be scheduled for a public hearing. The draft ordinance establishes the basic requirements for various sizes of ramps, as well as providing for ramps already in existence. Please review the draft and call me to let me know your comments. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for October 3, 1989. If you wish to attend the Council meeting, please feel free to do so. The meeting will be in the City Hall Council Chambers, beginning at 7:30 p.m. Thanks for your assistance. Phil Stafford Pr±ncipal Planner lb Attachment CITY OF iPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning September 28, 1989 Mr. Mark Walton 1451 Van Dusen Lane Campbell, CA 95008 Dear Mark, At its meeting of September 5, 1989, the City Council directed that the attached draft of a skateboard ramp ordinance be scheduled for a public hearing. The draft ordinance establishes the basic requirements for various sizes of ramps, as well as providing for ramps already in existence. Please review the draft and call me to let me know your comments. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for October 3, 1989. If you wish to attend the Council meeting, please feel free to do so. The meeting will be in the City Hall Council Chambers, beginning at 7:30 p.m. Thanks for your assistance. Ph±l Stafford Pr±nc±pal Planner lb Attachment CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning September 28, 1989 Mr. Simon Woodstock 970 Old Orchard Road Campbell, CA 95008 Dear Simon, At its meeting of September 5, 1989, the City Council directed that the attached draft of a skateboard ramp ordinance be scheduled for a public hearing. The draft ordinance establishes the basic requirements for various sizes of ramps, as well as providing for ramps already in existence. Please review the draft and call me to let me know your comments. My phone number at the Planning' Department is 866-2140. This matter will be on the City Council agenda for October 3, 1989. If you wish to attend the Council meeting, please feel free to do so. The meeting will be in the City Hall Council Chambers, beginning at 7:30 p.m. Thanks for your assistance. Phil Stafford Principal Planner lb Attachment CITY OI CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning September 28, 1989 Mr. Ron Powers 1093 Virginia Avenue Campbell, CA 95008 Dear Ron, At its meeting of September 5, 1989, the City Council directed that the attached draft of a skateboard ramp ordinance be scheduled for a public hearing. The draft ordinance establishes the basic requirements for various sizes of ramps, as well as providing for ramps already in existence. Please review the draft and call me to let me know your comments. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for October 3, 1989. If you wish to attend the Council meeting, please feel free to do so. The meeting will be in the City Hall Council Chambers, beginning at 7:30 p.m. Thanks for your assistance. Phil Stafford Principal Planner lb Attachment PROOF OF PUBLICATION 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF CAMPBELL STATE OF CALIFORNIA COUNTY OF SANTA CLARA City of Campbell 75 North Central Avenue Campbell, CA 95008 NOTICE OF HEARING Nn (1828-EX) ;TATE OF CALIFORNIA, \ ;OUNTY OF SANTA CLARA] ss. m ~ and ays: hi .! d I~ ~fe~fle~ m~iad alr~wu ~lll. SIIle of ~1~. I~l ~ San ~ Me(~ NM · 1Ad was ~ ~ ~al ~l~ is I~t term ~ ~fad by ~t~ ~ o~ Stile ~ ~1~. ~. oS ~d ~ ~ ~l~. ~ ~d J~ ~hl~ I~ ~ ~ ~ ~ld Oily OI Sin ~ ~ ~ ~ I~ Slill ~t~l~ wis p~e~ ~th ~ds p~lN b ~ck.la~ ~ nol NOTICE OF HEARING NOTICE I$ HEREBY GIVEN that the City hour of 7:30 p.m., or ~hortty thereafter, on TueKlay, October 3, 1989, in the ~ Hill Council Chambers, 70 N. Fkst ~-,~--.;i,iJ,,~ '~ zo~ lemeone ease riled at the pubhc ne~.nng deecdbed in the Notice, or in written oorm&oondanoe clil~Ve~ed to the C~ Cler~ It or ~ to lhe I:x~blic hearing. Questions ~21~.~ to the Planning Ofti~ ~ CX)UNCIL ~ OF CAMPBELL IARBARA OLSASKY (laa~EX) September 20a 1989 ~. 22nd : a,y Seo~m-ber ~,::::~9_ MEMORANDUM To: Kevin Duggan Date: City Manager CITY OF CAMPBELL September 7, 1989 From: Steve Piasecki Planning Director Subject: Planning Commission/Planning Department Agenda Items for City Council Meeting of October 3~ 1989. PUBLIC HEARINGS 1. Hearing - consider a Zone Change from R-l-9 to R-l-6 for a 3 lot subdivision - Giancola, C. - 1253 Harriet Avenue - ZC 89-09. 2. Hearing - consider a Zone change from R-l-6 to PO (Professional Office) - Bamburg, M. - 1670 Grace Avenue - ZC 89-12. DEFERRED ITEMS 3. Planning Department - Report relating to city-initiated text ~nendment - Chapter 21.02 (Definitions) - and chapter 21.61 (Provisions Applying to Special Uses) - Skateboard Ramps - TA 89-01 - Continued from September 5, 1989. ks CAMPhOr., CALIFORNIA CITY O3UN~IL MINbTES TUF....~, 7: 00 P.M. ~ 5, 1989 Planning Department - Staff Report - City-initiated text amendment - Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) - Skateboard Ramps ~9-0i) ~ Planning Director Piasecki - Staff S~m~ry Report dated 9/5/89. Mr. Piasecki - explained that the draft proposed ordinance permits ~ to one ramp c~ a residential lot, with a maximum height of four feet above or belc~ the finished grade and four feet in length or width. It is also proposed that there he a use permit process for ramps which are greater in size than these 1/mits. The revised wording also establishes a ~inimum ten-foot setback for a less than four-foot-high ramp, and a twenty-foot setback for larger ramps. M/S: Oonant/Burr - to set ~ 3, 1989 for a public hearing to consider for first reading of the proposed amended ordinance. Moti~ adopted unanimously. CITY OF CA,..PBELL COUNCIL hZ. PORT Meeting Date: Category: September 5, 1989 DEFERRED ITEMS Item # Initiating Dept: Planning Department Title: Staff Report - City-initiated text amendment - chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) - Skateboard Ramps TA 89-01. STAFF RECOMMENDATION That the City Council review the attached draft Ordinance regarding skateboard ramps, and if the Council wants to proceed with an ordinance that this text amendment be set for public hearing at the Council meeting of October 3, 1989. STAFF DISCUSSION BackKround: A text amendment regarding skateboard ramps, was presented for first reading at the City Council meeting of June 6, 1989. At that time no one provided testimony in support or in opposition to the ordinance which would establish limitations on skateboard ramps within the City. When this item was presented for a second reading, on June 20, 1989, there were several persons present who opposed the idea of regulating skateboard ramps. As a result of this input, the Council referred the matter to staff and directed that staff meet with representatives of those who favor allowing skateboard ramps. Staff MeetinK: Staff has met with representatives of the skateboard enthusiasts to explain the City's concerns, as well as to determine minimum dimensions that would be required for a skateboard ramp from the viewpoint of a skateboard sports enthusiast (i.e., not a novice). The following ramp dimensions are considered minimum by the skateboard sports enthusiasts. Height - 6 feet Width - 12 feet Length - 35 feet Draft Ordinance: In the draft ordinance presented at this time, staff has attempted to address the concerns of the City Council and also establish a procedure whereby larger skateboard ramps may be considered for approval. The draft ordinance essentially permits one skateboard ramp which is less than 48 inches above or below grade on any residential lot. Any ramp which is proposed to be greater than 48 inches above or below grade would require approval of a Conditional Use Permit. The text amendment is essentially the. same as recommended by the Planning Co~nission with added criteria forsetbacks and noise and a provision that one small portable ramp located on a residential parcel is .exempt from the standards of the ordinance. ExistinK Ramps: The proposed ordinance.makes provisions for ramps in existence prior to adoption of the skateboard ramp regulations. TA 89-01 - 2 - September 5, 1989 Council Action: If the Council determines that the approach taken by staff in the draft ordinance is acceptable, then the staff is recommending that the City Council take action to schedule this item for public hearing at the October 3, 1989, City Council meeting. Attachments: 1. Draft Ordinance f:TA89-01/pg.15&16. Approved by the Planning Director:_~' Approved by the City Manager: CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: PLANNING August 25, 1989 Mr. Mark Walton 1451 Van Dusen Ln. Campbell, CA, 95008 Dear Mark, At our meeting of several weeks ago to discuss the issue of skateboard ramps in Campbell I indicated that I would forward a copy of any draft ordinance to you for your review. The enclosed draft attempts to incorporate some of the recommendations you had expressed, especially with regard to the larger ramps for skateboard enthusiasts. Please review the draft and call me to let me know your comments. If you feel that we need another meeting to discuss this subject, please let me know. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for September 5, 1989. If you fee that there is a need for a meeting, we will need to schedule it for either Monday August 28, or Tuesday August 29. Thanks for your assistance. ?hil Stafford Principal ?lanner iTY OF AMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: PLANNING August 25, 1989 Mr. Simon Woodstock 970 Old Orchard Rd. Campbell, CA, 95008 Dear Simon, At our meeting of several weeks ago to discuss the issue of skateboard ramps in Campbell I indicated that I would forward a copy of any draft ordinance to you for your review. The enclosed draft attempts to incorporate some of the recommendations you had expressed, especially with regard to the larger ramps for skateboard enthusiasts. Please review the draft and call me to let me know your comments. If you feel that we need another meeting to discuss this subject, please let me know. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for September 5, 1989. If you fee that there is a need for a meeting, we will need to schedule it for either Monday August 28, or Tuesday August 29. Thanks for your assistance. Phil Stafford Principal Planner CITY OF CAMPBELL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: PLANNING August 25, 1989 Mr. Nelson Reyes 825 San Tomas Aquino Road Campbell, CA, 95008 Dear Nelson, At our meeting of several weeks ago to discuss the issue of skateboard ramps in Campbell I indicated that I would forward a copy of any draft ordinance to you for your review. The enclosed draft attempts to incorporate some of the recommendations you had expressed, especially with regard to the larger ramps for skateboard enthusiasts. Please review the draft and call me to let me know your comments. If you feel that we need another meeting to discuss this subject, please let me know. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for September 5, 1989. If you fee that there is a need for a meeting, we will need to schedule it for either Monday August 28, or Tuesday August 29. Thanks for your assistance. Phil Stafford Principal Planner CITY O[ AMPB[LL 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: PLANNING August 25, 1989 Mr. Ron Powers 1093 Virginia Ave. Campbell, CA, 95008 Dear Ron, At our meeting of several weeks ago to discuss the issue of skateboard ramps in Campbell I indicated that I would forward a copy of any draft ordinance to you for your review. The enclosed draft attempts to incorporate some of the recommendations you had expressed, especially with regard to the larger ramps for skateboard enthusiasts. Please review the draft and call me to let me know your comments. If you feel that we need another meeting to discuss this subject, please let me know. My phone number at the Planning Department is 866-2140. This matter will be on the City Council agenda for September 5, 1989. If you fee that there is a need for a meeting, we will need to schedule it for either Monday August 28, or Tuesday August 29. Thanks for your assistance. Phil Stafford Principal Planner EXHIBIT A. TA 89-01 - Exhibit A. PROPOSED ADDITION TO CHAPTER 21.02 OF THE CAMPBELL MUNICIPAL CODE (Definitions). 21.02.357 Skateboard Ramp Any structure or device with an inclined or rounded surface designed or intended to be used to accommodate motorized or non-motorized devices with wheels, such as skates, skateboards, bicycles, or other wheeled devices for the purpose of performing acrobatics, gymnastics, or otherwise propelling said wheeled devices. II. PROPOSED ADDITION TO CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE (Provisions Applying to Special Uses). 21.61.030 Skateboard Ramps The City Council of the City of Campbell finds that skateboard ramps which are higher than 4 feet above finished grade or depressed more than 4 feet below finished grade and longer or wider than 4 feet may tend to contribute to the detriment of a neighborhood through the generation of noise, unsightliness, invasion of privacy, and disruption of peace and enjoyment of property by residents in the area. Therefore, the following regulations are established with regard to skateboard ramps: Skateboard ramps which are not higher than 4 feet above finished grade or depressed not more than 4 feet below finished grade and have a length or width not greater than 4 feet are hereby permitted in all residential zones within the City of Campbell, subject to the following conditions: 1. Not more than one (1) skateboard ramp, conforming to the provisions of this section, shall be permitted on any parcel of land within the City. 2. Skateboard ramps shall not be located in the public right of way. Skateboard ramps which exceed the dimensions specified in Section A, above, may be permitted subject to approval of a Conditional Use Permit by the Planning Commission. Application for a Use Permit shall Comply with the requirements of Chapter 21.72 (Conditional Uses) of the Campbell Municipal Code. In any application for approval of a Conditional Use Permit pursuant to this section, the following requirements shall be met: 1. The skateboard ramp shall be located in the rear yard and not in the front yard or side yard (including a street side yard). 2. The skateboard ramp surface shall be covered with a smoothe material such as masonite to help reduce noise levels. 3. The under side of the skateboard ramp shall be enclosed and filled with foam or other suitable sound absorbing material. 4. The skateboard ramp shall be set back from the rear and side property lines a minimum of twenty feet (20'). The Planning Commission may require greater setbacks for any skateboard ramp exceeding five feet (5') in height/depth. 5. Any required Building Permits shall be obtained prior to construction of a skateboard ramp. Exception: Skateboard ramps may be allowed in the commercial and industrial zoning districts of the City in conjunction with a commercial skateboard park subject, to approval of a conditional use permit. ks TA 89-01 p.13 CITY OF CAMPBELL COUNCIL REPORT Meeting Date: Category: Initiating Dept: Title: July 18, 1989 Item # DEFERRED ITEMS Planning Planning Department - Recommended continuance - City-initiated text amendment - Chapter 21.61 (Provisions Applying to Special 21.02 Definitions) - and Chapter 21.61 (Provisions Applying to Special Uses) - Skateboard Ramps - TA 89-01 (Second Reading - Continued from June 20, 1989. STAFF RECOMMENDATION: That this item be continued to the September 5, 1989, Council meeting in order to provide Staff additional time to meet with interested parties. STAFF DISCUSSION: Back~round: This item was presented for second reading at the Council meeting of June 20, 1989. At that time several members of the community indicated their opposition to the proposed ordinance limiting the size of skateboard ramps to a maximum height of 24 inches above or below grade and to a maximum length or width of 4 feet. Based upon this opposition, it was the consensus of the Council to refer this matter to the Staff and representatives of the skateboard community. Staff Meeting: Following the Council's ~irection, the Staff met with several representatives of the community having an interest in skateboarding as a sport. The issues discussed included the minimum size of a skateboard ramp from a sports enthusiast's position, noise attenuation, and setback requirements. While Staff is not prepared to make a recommendation at this time, and another meeting with the Citizen Conmtittee will be held, some preliminary comments are included for the Council's information. Skateboard Ramp Dimensions: It was the consensus of the Skateboard Citizen's Committee that for a ramp to be challenging to a skateboard sports enthusiast, the following dimensions are considered minimal. Height - 6 feet Width - 12 feet Length - 35 feet Discussion: The above dimensions are considerably larger than the limitations originally contemplated for the ordinance. Staff will explore standards (setbacks, noise limits, etc.) and procedures (use permit, site and architectural review) for both large and small ramps with the Citizen's Committee. TA 89-01 2 - July 18, 1989 Staff Recommendation: Staff will be meeting with the Citizen's Committee to discuss possible revisions to the skateboard ordinance. For this reason, Staff is recommending a continuance to the meeting of September 5, 1989. Approved by the Planning Director: Approved by the City Manager: f:TA89-01 June 15, 1989 Campbell City Council 70 No. 1st St. Campbell, CA 95008 Dear Members of the City Council: This is in response to the artical published on June 14, 1989 by the San Jose Mercury News of your intent to approve an ordinance .putting restrictions on ............ This was the first notice I saw of your intent. It is apparent that you do not have a skateboarder in your family or have tak- en your time to understand the importance of this sport to our young peo91e. It takes rrmnths and years of dedicated skating to perfect the moves andlt/'ick:s that are done on these boards. They have dreams and ambitions of being good enough to compete inlocal contests, maybe be good enough to get sponsored by a local skate shop or even turn pro and have their own board from a major skateboard company. These ramps are important and necessary for practice and to perfect the sport. Skateboard areas are few and police harassm'ent is pronounced. The youth of our community need your support not more discrimination. One of the benefits of this sport is that a skater can go at their own pace of achievement, by himselior with a group. They can skate for fun and exercise or experience the thrills involved with competing with friends or in contests. Another important benefit is that DRUGS and skateboarding don't mix. The time required, the stamina physically needed and balance is not conducive with drug usage. The City of Campbell approved not just one Skate.]Bark, but two. You provided the avenue for the sport in our community and I thank you for that. I have been a parent of a skateboarder that started at the Winchester Skate Park for the past thirteen years. I have seen first hand the possitive side of this sport. I ask that the City of Campbell consider the need for deSignated skateboard areas in our parks or open space that is approved for skating. Santa Cruz, Benica, Redding and many other cities have provided this for their youth. Let's not drive them back indoors and in gangs or being prey for the drug pusher. V_er~ truly yours, CITY COUNCIL MEETING MINUTES - JUNE 6, 1989 PG. 1 OF 2 Public Hearing - Intro~,~tion of Ordinance (1752) - City-i/litiated text amendkment -Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses - Skateboard Ramps (TA 89-01) This is the time and place for a public hearing to consider a proposed text amendment to Chapter 21.02 and Chapter 21.61 of the Campbell Municipal Code. Planning Director Piasecki - Staff Report dated 6/6/89. The Mayor declared the public hearing opened and asked if anyone in the audience wished to aa~ress the City Council. The Council addressed various aspects of this proposed ordinance and the Planning Commission ' s reccml~.ndation. Councilmmmber Kotowski - stated he w~uld not feel ccmfortable approving an entert~/nmmnt activity that could be potentially dangerous and a nuisance to the neighborhood; therefore, he would not be in favor of an ordinance governing skateboard ramps. Council consensus - that the proposed allowable height of 18 inches be increased to 24 inches. Following deliberation of this issue by the Council, the Planning Director summarized proposed additions t O the ordinance as follow~: Be Ce Skateboard ramps which are higher than 24 inches above finished grade or depressed more than 24 inches below finished grade and have a length or width greater than four feet (4') are hereby prohibited from all zones within' the City of Campbell. Not more than one (1) skateboard ramp, conforming to the provisions of this section, shall be permitted on any parcel of land within the City. ~Exception: Skateboard ramps may be allowed in the cozmercial and industrial zoning districts of the City in conjunction with a coam~rcial skateboard park, subject to approval of a conditional use permit. CITY COUNCIL MEETING MINUTES - JUNE 6, 1989 PG. 2 OF 2 M/S: Burr/Ashworth - to introduce for first reading the proposed ordinance regulating skateboard ramps. Motiom adopted by the following roll call vote: AYES: Councilmembers: Burr, Watson NOES: Councilmembers: ABSENT: Councilmembers: Ashworth, Conant, Kotowski None The City Clerk read the ordinance title. M/S: Conant/Burr - to waive further reading. Motion adopted unanimously. CITY OF CAMPBELL COUNCIL REPORT Meeting Date: June 6, 1989 Category: PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES Item # Initiating Dept: Planning Department Title: Public Hearing and Introduction of Ordinance (1) - City-initiated text amendment - Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) - Skateboard ramps TA 89-01. PLANNING COMMISSION RECOMMENDATION That the City Council adopt the attached ordinance, incorporating the attached findings, approving a text amendment to Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses). The ordinance would permit skateboard ramps up to 3 feet in height (or depth) and a use permit for ramps greater than 3 feet. ~ DISCUSSION ~ Background: On February 21, 1989, the City Council expressed its concern~ver the fact that skateboard ramps have been a source of complaints in the pa~ due to noise generated and being unsightly. The Council concluded that skate.b~ard ramps may constitute a nuisance for adjacent property owners. Based on t~is, the Council directed the Planning Commission to initiate an amendment to the Zoning Ordinance to "restrict and/or prohibit" skateboard ramps. MAJOR ISSUES A. Public: At both times when this item was agendized before the Planning Commission, there was no public testimony. B. Staff: ~- - Even relatively small skateboard ramps have the potential to be unsightly and noisy. Staff originally proposed ramps in residenti~_ areas be limited to a height (or depth) of 18 inches with no proce~ms for exceptions. - A use permit process for exceptions will raise expectations of the~- applicants and create the opportunity for neighborhood disputes where ramps are proposed. - Use permit review criteria will have to be developed, including lot size, location on the property and proximity to adjacent residential uses. Criteria strict enough to mitigate noise impacts would preclude ramps in almost all residential zones in the City. - Ramps allowed via the use permit process could become an enforcement problem to ensure applicants abide by the use permit provisions. - Skateboard parks should be allowed in commercial and industrial zones subject to securing a use permit. - The ordinance, as presently written, makes no provision for limitation on the number of allowed ramps. Property owners could erect numerous 3 foot high ramps which, although separated, could be used in conjunction with one another. TA 89-01 - 2 - June 6, 1989 Co PlanninK Commission: - Youth recreational activities should not be over-regulated. - Eighteen inches is too restrictive. Three foot height (or depth) seems more appropriate. The Commission originally directed the ordinance draft allow heights up to 4 feet. - A use permit process should be included for ramps within residential areas which are greater than 3 feet in height or depth. After discussing this issue at some length, the Commission took action to recommend that the maximum height (or depth) of a skateboard ramp be reduced from the 48 inches height to 36 inches. The Commission's recommendation was passed on a vote of 4-1-2. The Commissioner who opposed the motion felt that the 36 inch height is too restrictive. The full text amendment is shown on Exhibit A. Attachments 1. Ordinance. n~f'~c~~ 2. Planning Commission minutes. ~-,---~ ~--~ , ~(i ion~ - 4/25/89 & 5/9/89. Approved by Planning Director: ~a Approved by City Manager: 750 RIDDER PARK DRIVE SAN JOSE, CALIFORNIA 95190 IN THE CITY OF CAMPBELL STATE OF CALIFORNIA COUNTY OF SANTA CLARA ........................ .~.~,~x...o~..6~h eJA, ..................................................................... 75 North Central Avenue STATE OF CALIFORNIA, \ COUNTY OF SANTA CLARA) ss. States. ~ 1~ a~ of e~l~n Santa ~erl. State ol ~h(~. I~1 ~id San J~ Me[cu~ N~ ~ and was ~ of I~ State Of ~1~. te~ca~ ~ and ~tel~e ol a ~al c~act~. I~v~ i ~ li~ Fol~l, tre~. ~. ~e~ ~ year ~e~ t~ f~tt ~t~ ol ~ I~m ~r~a~ was pt~e~d c~ ~ ~h ~ i~x~ ~ ~t~ t~: NOTICE OF HEARING Notice is her~/giwm that the City Co~cil o! .the Cit~ of ~ has let the time o~ 7:30 p.m., o~ Ihodly thereafter, o~ TUeSday. June 6, 1989 in the City Halt Cocmct¢ ~, 70 N. First Street. CamlY~ell, California lot & pu~ic hearing tO considm a city-initiated text amendmem to address skate~oafd ramps in Chalet 21.02 (Oetinitio~$) and (Tnaete~ 2161 (Provisions Ap~ r Plans, elevation, legel dsectiplions, and/ct othe~ sul:~oc~ling docume~tatlo~ is on file in the Planning Department, 7'0 N Flint St., Campt~l. Ca#fomle. h~terestad ~ may ai:q~ear and be heard at this hearing. Please be advised ~lat if you challenge the nature of the ~ ~'o~ect in co*Jrt, yon may be limited to raising only those issues you o~ someone else raised at the ~ hearing deso'ibed in this Notice, o~ in w~itte~ correapon- dence delivered to the ~ Clerk at, o~ prio~ to, rne public hearing. Questions may be addressed to the P~an~ing Office a! 866.2140. CITY COUNCIL CITY OF CAMPBELL BARBARA OLSASKY. CI'[Y CLERK O691-EX) PLEASE NOTE: Wher~ calling ab~JI this Notice, p~ease fefe¢ to FILE ~ TA 89-01 May 17, 1989 D,&t~:l at ~ Jo~. C4~crr~ 18th May 89 ~ .............................................. ~ay ot .................................................... 19 ....................................................... RESOLUTION NO. 2591 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL RECOMMENDING APPROVAL OF A TEXT AMENDMENT TO THE CAMPBELL MUNICIPAL CODE, CHAPTER 21.02 (DEFINITIONS) AND CHAPTER~ 21.61 (PROVISIONS APPLYING TO SPECIAL USES). TA 89-01 After notification and public hearing as specified by law on proposed amendments to the text of the Campbell Municipal Code, and after presentation by the Planning Director, proponents and'opponents, the hearing was closed. After due consideration of all evidence presented, and based upon the following findings, the Commission did determine that there was a significant need to amend Chapter 21.01 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) of the Campbell Municipal Code. - 1. Skateboard ramps which are higher than 36 inches above finished grade depressed more than 36 inches below finished grade may be detrimental t;6 a neighborhood because of noise, unsightliness and invasion of privacy. -:~ 2. By requiring approval of a Conditional Use Permit for skateboard ramps which are higher than 36 inches above finished grade or more than 36 i~-hes below finished grade, the City will be able to protect its neighborhoods. The Planning Commission does hereby recommend that the City Council adopt the attached Ordinance enacting the necessary legislation to make the proposed text amendment effective. PASSED AND ADOPTED this 9th day of May 1989 by the following roll call vote: AYES: Commissioners: Kasolas, Perrine, Walker, Christ NOES: Commissioners: Olszewski ABSENT: Commissioners: Stanton, Dickson APPROVED: Bruce J. Olszewski Chairman ATTEST: Arthur A. Kee Secretary PLANNING COMMISSION MEETING MINUTES - MAY 9, 1989 TA 89-01 City-initiated Continued public hearing to consider a City-initiated text amendment to address skateboard ramps in Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) in the Zoning Ordinance. Principal Planner Phil Stafford reviewed the Staff Report of May 9, 1989. Planning Director Steve Piasecki, responding to questions from the Commission, explained that Staff is recommending a height limitation of 18 inches in an effort to address the height and noise concerns; however, the Commission indicated at it's last meeting that 48 inches would be more appropriate. 'Therefore, the recommended text for this amendment has been changed to 48 inches. Commissioner Christ stated that 18 inches was too restrictive; however, he~ could support a height of 36 inches with anything over that being subject to approval of a Conditional Use Permit. He noted that the noise from a ~ basketball game in someone's driveway is just as annoying as the noise from~a skateboard ramp. ~ Discussed continued regarding the use of the Nuisance Ordinance relative t~= noise problems with skateboard ramps; the total permitted height of ramps -~ measured from below grade or at grade; the use of swimming pools for skateboarding; the height of the structure relative to it's portability; and, possible wording to address the issue of height measurement from grade or below grade. The public hearing on TA 89-01 was opened. time. M/S: M/S: Walker, Perrine - Perrine Christ - No one wished to speak at this That the public hearing on TA 89-01 be closed. Motion carried unanimously (5-0.~-~_, with Commissioners Stanton and Dickson k~e~__'ng absent). That the Planning Commission adopt Resolution No. 2591, incorporating the attached findings, recommending that the City Council approve TA 89-01 with a height limitation of 36 inches, and additional wording in the text to address point of height measurement to read "Skateboard ramps which are higher than 36 inches above finished grade or are depressed more than 36 inches below finished grade...". Motion carried with the following roll call vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Perrine, Walker, Christ Olszewski Stanton, Dickson. Chairman Olszewski noted that he opposed the motion because of the amendment to 36 inches and the additional wording to address height measurements. ITEM NO. 4 STAFF REPORT - PLANNING COMMISSION MEETING OF MAY 9, 1989 TA 89-01 City-initiated Continued public hearing to consider a City-initiated text amendment to address skateboard ramps in Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) in the Zoning District. STAFF RECOMMENDATION That the Planning Commission adopt a resolution, incorporating the attached findings, recommending that the City Council adopt the text amendment to Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) as indicated in Exhibit A. DISCUSSION Background: At its meeting of April 25, 1989, the Planning Commission took action to continue this item, and directed Staff to prepare a revision to the proposed text amendment. The Commission had expressed a concern that the original text amendment, as presented by Staff, was too restrictive. Draft Text Amendment: The revised text amendment attempts to incorporate the Commission's concerns. There are two significant changes from the original draft which was considered on April 25th. These changes are as follows: The permitted height or depth of a skateboard ramp is increased from 18 inches to 48 inches above or below finished grade. Skateboard ramps higher or deeper than 48 inches may be approved by the Planning Commission under the provisions of a Conditional Use Permit. The proposed amendments are attached as Exhibit A of this report. Attachments: 1. Exhibit A = proposed amendment 2. Findings f:TA89-01 RECOMMENDED FINDINGS - TA 89-01 CITY-INITIATED PC MTG: 5-9-89 Skateboard ramps which are higher than 48 inches above finished grade or depressed more than 48 inches below finished grade may be detrimental to a neighborhood because of noise, unsightliness and invasion of privacy. By requiring approval of a Conditional Use Permit for skateboard ramps which are higher than 48 inches above finished grade or more than 48 inches below finished grade, the City will be able to protect its neighborhoods. ks ITEM NO. 4 EXHIBIT A. TA 89-01 - Exhibit A. PROPOSED ADDITION TO CHAPTER 21.02 OF THE CAMPBELL MUNICIPAL CODE (Definitions). 21.02.357 Skateboard Ramp Any structure of device with an inclined or rounded surface designed or intended to be used to accommodate motorized or non-motorized devices with wheels, such as skates, skateboards, bicycles, or other wheeled devices for the purpose of performing acrobatics, gymnastics, or otherwise propelling said wheeled devices. II. PROPOSED ADDITION TO CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE (Provisions Applying to Special Uses). 21.61.030 Skateboard Ramps The City Council of the City of Campbell finds that skateboard ramps which are higher than 48 inches above finished grade or depressed more than 48 inches below finished grade and longer or wider than four feet (4') tend to contribute to the detriment of a neighborhood through the generation of noise, unsightlyness, invasion of privacy, and disruption of peace and enjoyment of property by residents in the area. Therefore, the following regulations are established with regard to skateboard ramps: Skateboard ramps which are higher than 48 inches above finished grade or depressed more than 48 inches below finished grade and have a length or width greater than four feet (4') are hereby prohibited from all zones within the City of Campbell, unless approved in conjunction with the issuance of a Use Permit, as provided for in Chapter 21.72 (Conditional Uses) of the Campbell Municipal Code. ks PLANNING COMMISSION MEETING MINUTES - APRIL 25, 1989 TA 89-01 City-initiated Public hearing to consider a City-initiated text amendment to address skateboard ramps in Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) in the Zoning Ordinance. Principal Planner Phil Stafford reviewed the Staff Report of April 25, 1989, and answered questions regarding the recommended height for the skateboard ramps. The public hearing on TA 89-01 was opened. No one wished to speak on this item at this time. M/S: Stanton, Walker M/S: Perrine, Dickson - Discussion on motion That the public hearing on TA 89-01 be closed. Motion carried unanimously (7-0-0). ~"nat the Planning Commission adopt a ~ resolution, incorporating findings indicated in the Staff Report of April 25, 1989, ~'~ recommending that the City Council adopt th~ text amendment approving TA 89-01 as -~- indicated in the City Attorney's Exhibit A. Chairman Olszewski opposed the motion, noting that limiting youth activities is not a positive step for the community. Commissioner Kasolas opposed the motion, noting that the proposed 18" height limit was too restrictive. Commissioner Walker opposed the motion, noting that it seems overly restrictiv~ and that the Nuisance Abatement Ordinance has the ability to deal with _.~ skateboard ramps that are too noisy or unsightly. Commissioner Dickson supported the motion, noting that he did not feel the proposal was too restrictive. He noted some of the skateboard ramp uses which- have been serious problems to neighborhoods in the past and, further stated that he felt that the proposed ordinance would provide enforcement guidelines. Withdrawal of motion Commissioners Perrine and Dickson withdrew their motion for approval. Discussion ensued regarding possible height limitations on skateboard ramps; a less restrictive ordinance; and, the use permit process for ramps over the designated size. It was suggested that the allowable height be less than a fence height or something that can be pulled back into a garage (perhaps 4 feet), with a use permit process being required for anything over 4 feet. M/S: Walker, Kasolas - That the public hearing on TA 89-01 be re-opened. Motion carried unanimously (7-0-0). PLANNING COMMISSION MEETING MINUTES - APRIL 25, 1989 M/S: Walker, Perrine - That the public hearing on TA 89-01 be continued to the Planning Commission meeting of May 9, 1989. Motion carried 6-0-1, with Commissioner Stanton voting "no". Commissioner Stanton felt that the ordinance proposed this evening was not too restrictive because of injury and noise factors. ITEM NO. 5 STAFF REPORT - PLANNING COMMISSION MEETING OF APRIL 25, 1989 TA 89-01 City-initiated Public hearing to consider a City-initiated text amendment to address skateboard ramps in Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) in the Zoning Ordinance. STAFF RECOMMENDATION That the Planning Commission ADOPT a RESOLUTION, incorporating the attached findings, RECOMMENDING that the City Council ADOPT the TEXT AMENDMENT to Chapter 21.02 (Definitions) and 21.61 (Provisions Applying To Special Uses) as indicated in Exhibit A. DISCUSSION Background: At its meeting of December 13, 1988, the Planning Commission considered a request for a determination that a skateboard ramp is an allowable use in an R-1 (Single Family Residential) Zoning District. The Commission determined that a skateboard ramp is an allowable use pursuant to approval of a Conditional Use Permit under Section 21.08.020(7) of the Campbell Municipal Code and recommended an adjustment of the application fees. The City Council considered the Commission's recommendation on February 21, 1989. At the meeting, the Council expressed its concern that skateboard ramps have been a source of complaints in the past, due to noise generated and being unsightly. The Council concluded that they create a nuisance for adjacent property owners. The Council referred the item back to the Commission with the request that the Commission initiate an amendment to the zoning ordinance to "restrict and/or prohibit" skateboard ramps. Draft Text Amendment: Staff has prepared a draft of a text amendment for the Commission's consideration. The draft includes a defintion of a skateboard ramp, and the text of proposed regulations. These proposed amendments are attached as Exhibit A of this report. The City Attorney has had an opportunity to review this exhibit. Attachments 1. Exhibit A - Draft Text Amendment. TA 89-01 - EXHIBIT A PROPOSED ADDITION TO CHAPTER 21.02 OF THE CAMPBELL MUNICIPAL CODE (Definitions). 21.02.357 Skateboard Ramp. Any structure or device with an inclined or rounded surface designed or intended to be used to accommodate motorized or non-motorized devices with wheels, such as skates, skateboards, bicycles, or other wheeled devices for the purpose of performing acrobatics, gymnastics, or otherwise propelling said wheeled devices. II. PROPOSED ADDITION TO CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE (Provisions Applying to Special Uses). 21.61.080 Skateboard Ramps. The City Council of the City of Campbell finds that skateboard ramps which are higher or lower than eighteen inches (18") from finished grade and longer or wider than four feet (4') tend to contribute to the detriment of a neighborhood through the generation of noise, unsightliness, invasion of privacy, and disruption of peace and enjoyment of property by residents in the area. Therefore, the following regulations are established with regard to skateboard ramps. Skateboard ramps which are higher or lower than eighteen inches (18") from finished grade and have a length or width greater than four feet (4') are hereby prohibited from all zones within the City of Campbell, unless approved in conjunction with the issuance of a Use Permit within the commercial zones of the City, in conjunction with the construction of a commercial skateboard park. 70 NORTH FIRST STREET CAMPBELL, CALIFORNIA 95008 (408) 866-2100 Department: Planning April 5, 1989 NOTICE OF HEARINGS Notice is hereby given that the Planning Cox~ission of the City of Campbell has set the hour of 7:30 p.m., or shortly thereafter, on Tuesday, April 25, 1989, in the City Hall Council Chambers, 70 N. First St., Campbell, California, for public hearing to consider the following proposed projects: V 89-01 - 953, 971 & 983 S. San Tomas Aquino Rd. - Ainsley Development, Inc. - variance from required 60 foot minimum lot width to allow one 57 foot wide lot in conjunction with a 9 lot subdivision - R-l-6 (Single Family Residential) Zoning District APN 403-10-31, 32, & 33. TS 89-02 - 953, 971 & 983 S. San Tomas Aquino Rd. - Ainsley Development, Inc. - Tentative Subdivision Map to creating 9 single family lots - R-l-6 (Single Family Residential) Zoning District - APN 403-10-31, 32, & 33. A Negative Declaration has been prepared for this map. TA 89-01 City-initiated - proposed addition to Chapter 21.02 (Definitions) and Chapter 21.61 (Provisions Applying to Special Uses) regarding Skateboard Ramps. Plans, elevations, legal descriptions, and/or other supporting documentation is on file in the Planning Office, 70 N. First Street, Campbell, California. Interested persons may attend this meeting'and'be heard. Please be advised that if you challenge the nature of any of the above projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Campbell Planning Commission at, or prior to, the public hearing. Questions may be addressed to the Planning Office at 866-2140. PUBLISH ONE TIME: PLANNING COMMISSION CITY OF CAMPBELL STEVE PIASECKI SECRETARY WEDNESDAY, EXTRA SECTION APRIL 12, 1989 CITY LOGO, 8-PT TYPE PLANNING COMMISSION Mi 'NG MINUTES - MARCH 28, 19~9 Referral Referral from City Council regarding initiation of amendment to the Zoning Ordinance to restrict and/or prohibit skateboard ramps in residential zones. Planning Director Steve Piasecki reviewed the Staff Report of March 28, t989. :. Staff is recommending that April 25, 1989 be set as the date for public hearing on this issue. M/S: Dickon, Stanton - That April 25, 1989 be set as the date for public hearing to consider an amendment to the Zoning Ordinance to restrict and/or prohibit skateboard ramps in residential zoning districts. Motion carried 6-0-1 (Commissioner Kasolas absent). ITEM NO. 6 STAFF REPORT - PLANNING COMMISSION MEETING OF MARCH 28, 1989 Referral Referral from City Council regarding initiation of amendment to the Zoning Ordinance to restrict and/or prohibit skateboard ramps in residential zones. STAFF RECOMMENDATION That the Planning Commission SET APRIL 25, 1989, as the date FOR A PUBLIC HEARING to consider a text amendment to restrict and/or prohibit skateboard ramps. STAFF DISCUSSION Back~round: At its meeting of December 13, 1988, the Planning Commission considered a request for a determination that a skateboard ramp is an allowable use in an R-1 (Single Family Residential) Zoning District. The Commission determined that a skateboard ramp is an allowable use pursuant to approval of a Conditional Use Permit under Section 21.08.020(7) of the Campbell Municipal Code. The Commission included in its action on skateboard ramp issue, a recommendation that the City Council adjust the application fee for this use from $400 to $100. The City Council considered the Commission's recommendation on February 21, 1989. At the meeting, the Council expressed its concern that skateboard ramps have been a source of complaints in the past, due to noise generated and being unsightly. The Council concluded that they create a nuisance for adjacent property owners. The Council referred the item back to the Commission with the request that the Commission initiate an amendment to the zoning ordinance to "restrict and/or prohibit" skateboard ramps. Draft Text Amendment: Staff has prepared a draft of a text amendment for the Commission's consideration. The draft includes a defintion of a skateboard ramp, and the text of proposed regulations. I. PROPOSED ADDITION TO CHAPTER 21.02 OF THE CAMPBELL MUNICIPAL CODE (Definitions). 21.02.357 Skateboard Ramp. Any structure or device with an inclined or rounded surface designed or intended to be used to accommodate motorized or non-motorized devices with wheels, such as skates, skateboards, bicycles, or other wheeled devices for the purpose of performing acrobatics, gymnastics, or otherwise propelling said wheeled devices. Staff Report 2 Skateboards March 28, 1989 II. PROPOSED ADDITION TO CHAPTER 21.61 OF THE CAMPBELL MUNICIPAL CODE (Provisions Applying to Special Uses). 21.61.080 Skateboard Ramps. The City Council of the City of Campbell finds that skateboard ramps which are higher than eighteen inches (18") and longer or wider than four feet (4') tend to contribute to the detriment of a neighborhood through the generation of noise, unsightliness, invasion of privacy, and disruption of peace and enjoyment of property by residents in the area. Therefore, the following regulations are established with regard to skateboard ramps. Skateboard ramps which have a height greater than 18" or have a length or width greater than 4' are hereby prohibited from all zones within the City of Campbell, unless approved in conjunction with the issuance of a Use Permit within the commercial zones of the City, in conjunction with the construction of a commercial skateboard park. Attachments: 1. Referral from City Council f:skateboard/pg.7 CITY OO~I~Cli./ADVISORY ~ISSION/STAFF TO Planning Commission City Council INSTRUCTIONS FOFt USE OF' THIS TH II FORM SHOULD BE UTILIZED WHENEVER A REFERRAL IS MADE: FROM ON~ ELECTED OR ADVISORY BODY TO THE CITY COUNCIL OR ADVISORY COMMIIIION OR CITY MANAGER- THE INFORMATION REQUIRED TO'COMPLE:'I'~ THII I/ORS SHOULD BE PBOVIDED IY T~E INITIATOB AT THE TIME THE REFERRAL IS MADCo THC STAFF ADVIIOR .IILL lC RESPONSIBLE FOR COMPLETING' THE' I FORM FOR K~IER AND SIGNATURE: BY THE: MAYOR OR COWlISION CHAII~4AN. REGULATION AND FEES - SICATEBOARD R;W4PS LOCATED IN R-1 ZONING DISTRICTS SUBJECT (A SPE:ClFIC SUI,~LV~C)F TIE FEF£FIRN.} Tile City Council at its regular meeting on February 21, 1989 considered the Planning Commission recommendation regarding reduction of application fees for conditional use permits for skateboard rmmps in R-1 Zoninq Districts. Followinq a discussion by the Council[ it was the consensus to refer this matter to the Pl~Dninq Commission and request that the Commission initiate an amendment to the Zoninq Ordinance to restrict and/or prohibit skateboard ramps in residential zones. ACTI ON Fi~q(.I£ST£O D 'NFO'MATION ONLY I~'~ RE:VIEW AND RE:COMMEND ACTION (:X:X~NTS ( i F t~C~.SSARY ! D TAKE ACTION R~SPOflSE: REQUI~STED BY (BY lI14AT DA'I~ THE ACTION ~'IOULD K ~ETED. iF NC) DAT1E: I$ SI~ClFI£D. THAT SHOUI. D B£ INOICATED.) No date specified. DATZ February 24, 1989 COMM I SS I ON CITY COUNCIL MINUTES OF FEBRUARY 21, 1989 Planning Department - Minute Action - re regu]ation and fees for skateboard ramps located in R-1 Zoning Dis{ricts Planning Director Piasecki - Staff Report dated 2/21/89. Mr. Piasecki added that if the City Council wishes to consider prohibiting skateboard ramps in R-1 Districts, this w~uld require an amendment to the Zoning Ordinance. M/S: Kotowski/Burr - to refer this matter to the Planning Cc~m/ssion with a request to initiate an amenc~r~nt to the Zoning Ordinance to restrict/prohibit skateboard ramps in residential zoning districts. Motion adopted unanimously. CITY OF CAMPBELLCOUNCIL REPORT Meeting Date: Category: February 21, 1989 STAFF REPORTS Item # Initiating Dept: Planning Title: Minute Action - regarding regulation and fees for skateboard ramps located in R-1 (Single Family Residential) Zoning District. PLANNING COMMISSION RECOMMENDATION That the City Council take minute action to reduce the amount of the application fee from $400 to $100 for a Conditional Use Permit as it applies to skateboard ramps in R-1 Zoning Districts. DISCUSSION This item was continued from the City Council meeting of January 17, 1989, in order for Staff to provide additional information. The Planning Department received a request for approval of a skateboard ramp for a parcel of land that is zoned R-1 (Single Family). At the time the request was received, the Zoning Ordinance did not include any reference to skateboard ramps. Section 21.59.070 (attached) of the Zoning Ordinance allows the Commission to permit uses that are not listed if a determination is made that the use is similar in nature to other uses allowed in the same zoning district. At its meeting of December 13, 1988, the Planning Commission determined that a skateboard ramp is similar in nature to other recreational equipment found in residential areas, such as swimming pools and swing sets. Since skateboard ramps have been the source of several complaints over the past few years, the Commission's action to allow them in the R-1 neighborhoods is subject to approval of a Conditional Use Permit. By requiring approval of a Use Permit, the Planning Commission will retain control over the location and size of a skateboard ramp. In addition, property owners within 300 feet of the site of a proposed ramp will be notified of the public hearing before the Commission. After taking the action to allow skateboard ramps with Use Permit approval, the Commission requested that the Council consider reducing the Use Permit filing fee for a skateboard ramp from $400 to $100. If the Council determines that skateboard ramps should not be permitted in residential neighborhoods, then it would be appropriate to amend the Zoning Ordinance. If the Council decides to take this action, the Planning Commission should be directed to initiate an amendment to the residential zones to include skateboard ramps as one of the "Uses Prohibited" in the district. Site threshold for ramps which would be prohibited could be discussed in conjunction with the ordinance amendment hearings. Attachments: 1. Council Report of January 17, 1989. 2. Planning Commission minutes~- Dec~ . 3. Section 21.59.070 - C.M.C.~,~ Approved by Planning Director: Approved by City Manager: f: skateboard CITY OF CAIv'IPBELL COUNCIL HEPORT Meeting Date: Category: January 17, 1989 CONSENT CALENDAR Item # Initiating Dept: Planning Tit le: Minute Action - authorizing reduction of application fee for Conditional Use Permit as it applies to skateboard ramps in R-1 (Single Family Residential) Zoning District. PLANNING COMMISSION RECOMMENDATIOM That the City Council take minute action to reduce the amount of the application fee from $400 to $100 for a Conditional Use Permit as it applies to skateboard ramps in R-1 Zoning Districts. DISCUSSION The Planning Commission considered a request for a determination that a skateboard ramp is an allowable use in an R-1 (Single Family Residential) Zoning District. The Commission adopted Resolution No. 2573 determining that a skateboard ramp is an allowable use pursuant to approval of a Conditional Use Permit under Section 21.08.020(7) of the Campbell Municipal Code, which allows the Commission authority to identify uses similar to other uses permitted in the R-1 Zoning District to be determined as permitted uses. Typically, the application fee for a Conditional Use Permit involving any type of site construction plans would be $400. The Planning Commission, at its meeting of December 13, 1988 included in its action on the skateboard ramp issue, a recommendation that the City Council adjust the application fee for this use. If the Council so desires, Staff would recommend that the application fee be reduced from $400 to $100, in that the $100 fee is reflective of the architectural fee for single family construction. PLANNING COMMISSION MEETING DECEMBER 13, 1988 Request Request that a skateboard ramp be an allowed Ward, K. use in an R-1 (Single Family Residential) Zoning District. Planner II Haley reviewed the Staff Report of December 13, 1988. Staff is of the opinion that a skateboard ramp is similar to other recreational structures such as swimming pools and swing sets which are incidental to residential uses. Consequently, Staff would recommend that a skateboard ramp be considered as an accessory structure. If the Commission concurs with this opinion, Staff would recommend that the Planning Commission make a determination that a skateboard ramp is a permitted use in the R-1 Zoning District without a Use Permit. In the past, skateboard ramps have been the origin of a number of complaints from adjacent property owners, due to their visibility and associated noise. If the Commission deems it necessary, it may classify this use subject to approval of a Use Permit. A Conditional Use Permit procedure would give the Planning Commission a more significant control over such structures and would require a public hearing. Commissioner Olszewski asked if allowing this type of use would put liability on the City. City Attorney Seligmann indicated that this would not imply liability. Commissioner Stanton asked what control the City might have over the construction of skateboard ramps. Mr. Haley indicated that if the ramps are in the public right-of-way, the City can take appropriate action. However, this situation occurs in someone's back yard and the noise becomes an issue with neighbors. The Commission may wish to add other findings which address the noise problems. Commissioner Olszewski noted that this use would be no different than a spa. Chairman Christ stated that he would feel comfortable only with a use permit procedure so that the Commission can see what the ramp will"look like and how it would affect the neighbors. Commissioner Olszewski stated that he could not support a use permit requirement with an application fee of $400. Mr. Haley noted that the Commission may recommend to the City Council that the application fee be a lesser amount than $400. M/S: Perrine, Stanton - That the Planning Commission adopt the following findings, and adopt Resolution No. 2573, permitting a skateboard ramp as an allowed accessory use in an R-1 (Single Family Residential) Zoning District with approval of a Conditional Use Permit; and, that the Planning Commission recommend that the City Council adjust the application fee for this use. PLANNING COMMISSION MEETING DECEMBER 13, 1988 PAGE 2. FindinRs: (1) A skateboard ramp is similar to other incidental recreational uses for single family residential uses such as swimming pools and swing sets. (2) Skateboard ramp structures are similar to other accessory buildings permitted in residential zoning districts and should meet the development standards of such structures. (3) Allowing a skateboard ramp as an accessory structure in R-1 (Single Family Residential) Zoning District will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing in residential neighborhoods. (4) A Conditional Use Permit is needed due to the possible impact of noise on neighbors. (5) The following restrictions would apply: (A) The building or structure could not exceed 14 feet in height (or a single story). (B) The structure shall not be less than 10 feet from the rear of the main building located on the same lot. (C) When located at the side of a main building, the structure shall not be less than 5 feet from the main building. (D) The structure shall meet all setback requirements as specified in Chapter 21.55. (E) Not more than one accessory structure shall exceed 200 sq.ft, in area. No accessory structure shall exceed a maximum size of 1,000 sq.ft. Motion carried unanimously (5-0-2). RESOLUTION NO. 2573 PLANNING COMMISSION BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CAMPBELL APPROVING A SKATEBOARD RAMP AS AN ALLOWABLE USE IN AN R-1 (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT. After due consideration of evidence pertaining to a request for a determination that a skateboard ramp be considered as a permitted use in a residential zoning district, the Planning Commission did find as follows: (1) A skateboard ramp is similar to other incidental recreation uses of single family residential uses such as swimming pools and swing sets. (2) Skateboard ramp structures are similar to other accessory buildings permitted in residential zoning districts and should meet the development standards of such structures. (3) (4) Allowing a skateboard ramp as an accessory structure in R-1 (Single Family Residential) Zoning District will not be detrimental to the health, safety, peace, morals, comfort, or general welfare of persons residing in residential neighborhoods. A conditional use permit requirement is needed due to the possible impact of noise on neighbors. The following restrictions shall apply: (A) The building or structure could not exceed 14 feet in height (or a single story). (B) The structure shall not be less than 10 feet from the rear of the main building located on the same lot. (C) When located at the side of a main building, the structure shall not be less than 5 feet from the main building. (D) The structure shall meet all setback requirements as specified in Chapter 21.55. (E) Not more than one accessory structure shall exceed 200 sq.ft, in area. No accessory structure shall exceed a maximum size of 1,000 sq.ft. Therefore, the Planning Commission determines that a skateboard ramp be added to the list of allowable uses in a residential zoning district upon approval of a Conditional Use Permit. PASSED AND ADOPTED this 13th day of December 1988 by the following vote: AYES: Commissioners: Stanton, Perrine, Olszewski, Walker, Christ NOES: Commissioners: None ABSENT: Commissioners: Kasolas, Dickson. ATTEST: ~hilip J. Stafford Acting Secretary APPROVE: Ronald W. Christ Chairman 21.59.070 Other Uses Permitted by Planning Commission. Where the term "other uses similar to the above' is mentioned, it shall be deemed to mean other uses which, in the judgement of the Planning Commission, as evidenced by a written decision, are similar to the uses listed in the same section and are not more objectionable to the general welfare. 'Other uses" so determined by the Planning Commission shall be regarded as listed uses. In no instance, however, shall these regulations be so,interpreted to permit a use in a district when such use is specifically listed and Permitted in a less restricted district (i.e. a use specifically set forth in the C-2 district shall not be permitted in the C-I district). ADVISORY COMMISSIONS AND COMMITTEES Youth Commission and Mayor Podgorsek stated that the Youth Commission has re- Planning Commission re quested that the Council consider limiting the number of Skateboard Parks skateboard parks to two in the City of Campbell. The Planning Director advised that the Planning Commission has approved two skateboard parks and have requested that the Council give direction to the Commission regarding guidelines and/or limitations for any future applications for skateboard parks in Campbell. Councilman Chamberlin moved that the number of skateboard parks in the City of Campbell be limited to two for the first 50,000 population, seconded by Councilman Paul. Councilman Hammer stated that he would have to vote 'No" on the motion as he did not believe that skateboard parks have received discussion at Council level. Councilman Doetsch stated that the Youth Commission has not based their recommendation on any specific reason. Councilman Paul stated that he would support the recommenda- tion of the Youth Commission. There is no other city in the Santa Clara Valley that has approved two skateboard parks and the only way any experience can be obtained as to the operation of skateboard parks is observing the ones already approved. The number can be expanded later on. After discussion the motion was clarified to direct the City Attorney to draft an ordinance limiting the number of skateboard parks in the City of Campbell to two per 50,000 population. The vote on the motion is as follows: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Chamberlin, Hammer, Paul, Podgorsek Doetsch None MEMORANDUM To - Honorable City Council Date: CITY OFCAMPBELL September 27, 1977 From: Planning Commission Subiect: Skateboard Parks in Campbell - Guidelines and/or Limitations RECOMMENDAT I ON.' That the City Council give direction to the Planning Commission regarding guidelines and/or limitations for any future applications for skateboard parks in Campbell. DISCUSSION: At its meeting of September 20, 1977, the Planning Commission approved Use Permits for two skateboard parks which are proposed to be constructed in the City. The fact that this type of development is relatively new to Northern California prompted the Commission to request direction from the Council regarding any future applications for skateboard parks. It was the consensus of the Commission that it may be advisable to have some guidelines and/or limitations on any future applications for such parks until the City has had the opportunity to assess the two approved parks in operation. rma Commissioner Hebard said that the Commission has now approved the use permits for two skateboard parks and he feels that a recommenda- tion should be made to the City Council that they consider handling these parks as they do arcades. The number of parks allowed in the City should be limited or guidelines established governing them. Commissioner Vierhus moved that the Planning Commission recommend to the City Council that they consider establishing guidelines and limitations on skateboard parks within the City of Campbell. Motion seconded by Commissioner Hebard. The motion carried with Commissioner Samuelson opposing.