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CC Ordinance 1752ORDINANCE 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 (Definitions) 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 TWO: 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 19 89 , by the following roll call vote: AYES: Councilmembers: KOTOWSKI, ASHWORTH, BURR, CONANT, WATSON NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE APPROVED: ;Jtte Watson, Mayor ATTEST: 1 EXHIBIT A - TA 89-01 I. 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 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: A. Permitted Ramps: Skateboard ramps which are NOT higher than 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. 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. 3. 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. 4. The skateboard ramp surface shall be covered with a smooth material such as masonite to help reduce noise. 5. Any required Building Permits shall be obtained prior to construction of a skateboard ramp. 6. 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. 7. Setback: In no case may a ramp be located closer than 10 feet to any property line. f 1. Exhibit A - TA 89-01 - 2 - C. Ramps Requiring 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: 1. The underside of the skateboard ramp shall be enclosed and include foam or other suitable sound absorbing material. 2. 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. D. Exceptions: 1. 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. 2. Existing Ramps: Skateboard ramps legally existing prior to the adoption of this ordinance may remain, provided: a. A valid Building Permit was obtained if required by the applicable law. b. 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. 3. 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.