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PC Res 2591RESOLUTION 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. Skateboard ramps which are higher than 36 inches above finished grade or depressed more than 36 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 36 inches above finished grade or more than 36 inches 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: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Kasolas, Perrine, Walker, Christ Olszewski Stanton, Dickson ATTEST: Arthur A. Kee Secretary APPROVED: Bruce J. Olszewski Chairman ORDINANCE NO. 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 roll call vote: day of , 19 , by the following AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: APPROVED: Jeanette Watson, Mayor ATTEST: Barbara Olsasky, City Clerk 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 36 inches above finished grade or depressed more than 36 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 36 inches above finished grade or depressed more than 36 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