HomeMy WebLinkAboutCC Resolution 6883 (Skateboard Ramp Appeal)RESOLUTION NO. 6883
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF A SKATEBOARD RAMP AT
863 PATRICIA WAY.
WHEREAS, in response to complaints on March 28, 1984, the San Rafael Building
Inspector placed a stop work order on the construction of a skateboard ramp at 863
Patricia Way; and
WHEREAS, following issuance of the stop work order, the owner requested use
permit approval for the skateboard ramp; and
WHEREAS, on April 25, 1984, the Zoning Administrator held a duly noticed
hearing on the use permit request, received all testimony regarding the matter and
denied the use on the following findings:
1. The establishment and operation of the use will, under the circumstances of this
particular case, be detrimental to the peace, comfort and general welfare of
persons residing in the neighborhood. The structure is located on a property
uphill from several residences on Las Colindas Road. Due to the height of the
structure, the height of the grade and the nature of the proposed use, the
operation will result in a significant reduction in privacy for downhill
residents.
2. The operation of the proposed use will, under the circumstances of this particular
case be detrimental to the general welfare of persons residing in the neighbor-
hood of the use. The use has the potential to result in substantial noise over
and above what is typically found in a single family residential area. Similar
skateboard ramps in other communities have created substantial adverse noise
impacts for adjacent residential uses. Given the limited number of such struc-
tures in the County and the apparent demand, there also is the potential to
attract observers which may also result in noise.
WHEREAS, the Zoning Administrator's denial of the use permit was appealed to
the Planning Commission by the applicant based upon grounds of appeal stated in the
letter dated April 27, 1984, herein incorporated by reference; and
WHEREAS, the Planning Commission held duly noticed hearings on the appeal on
May 29, 1984, and June 12, 1984, and considered staff reports, herein incorporated by
reference, and all correspondence and testimony from interested parties; and
WHEREAS, the Planning Commission concluded that the Zoning Administrator denial
of the use permit should be upheld and the matter was M/S Starkweather/Norman 4-1
(Hoffmann dissenting, Livingston and Willms absent) to adopt Resolution No. 84-12
upholding the Zoning Administrator decision; and
WHEREAS, the Planning Commission's decision has been appealed to the•City Council
by the applicant based upon the grounds of appeal stated in the letter of appeal dated
June 18, 1984; and
WHEREAS, the City.Council on August 6, 1984, held a duly noticed hearing on the
appeal and considered all staff reports, correspondence and testimony in making their
determination.
NOW THEREFORE BE IT RESOLVED that the San Rafael City Council hereby upholds the
determination of the San Rafael Planning Commission to uphold the Zoning Administrator's
denial of UP84-29, a use permit to allow the construction and use of a skateboard ramp
at 863 Patricia Way based upon the following findings:
1. Construction and operation of the skateboard ramp requires use permit.approval by
the City. Section 14.75.020e of the Zoning Ordinance states that parks and play-
ground uses may be permitted in an "R" District ;provided tha-L a use permit is
obtained. The proposed use is similar to a use typically found in a public or
private playground and, therefore, a use permit is required.
PESOLUTI-ON NO. 6383
2. The establishment and operation of the use will, under the circumstances of this
particular case, be detrimental to the peace, comfort and general welfare of
persons residing in the neighborhood. The structure is located on a property
uphill from several residences on Las Colindas Road. Due to the height of the
structure, the height of the grade and the nature of the proposed use, the
operation will result in a significant reduction in privacy for downhill
residents.
3. The operation of the proposed use will, under the circumstances of this particular
case be detrimental to the general welfare of persons residing in the neighbor-
hood of the use. The use has the potential to result in substantial noise over
and above what is typically found in a single family residential area. Similar
skateboard ramps in other co.-munities have created substantial adverse noise
impacts for adjacent residential uses. Given the limited number of such struc-
tures in the County and the apparent demand, there also is the potential to
attract observers which may also result in noise.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the Council of said City on Monday , the sixth day of August
1984, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli & Nave
NOES: COUNCILMEMBERS: Mayor Mulryan
ABSENT: COUNCILMEMBERS: Russom
J N E M. LEONCINI, City Clerk