HomeMy WebLinkAboutCC Resolution 13172 (Boxing Event; Liberty Boxing)RESOLUTION NO. 13172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
GRANTING AN APPEAL FROM THE DENIAL OF A FACILITY USE
PERMIT FOR THE USE OF ALBERT PARK BASEBALL FIELD AND
STADIUM FOR A PROFESSIONAL BOXING EVENT
WHEREAS, the City of San Rafael Municipal Code, Chapter 8. 10.020 requires the issuance of a permit for
exclusive use of the City's park and recreation facilities, to be granted by the Director of Community Services
("Director"); and
WHEREAS, on April 18, 2011, Paul Nave, President, Liberty Boxing Enterprises, LLC ("Appellant")
submitted an application for a facility use permit ("Permit") for use of Albert Park Baseball Field and Stadium for a
professional boxing event proposed for August 19, 2011; and
WHEREAS, the Director denied the Permit application on May 6. 2011, based upon facility use criteria set
forth in Section 8.10.040 of the San Rafael Municipal Code; and
WHEREAS, Appellant appealed the denial to the City Manager pursuant to San Rafael Municipal Code
Chapter on May 13, 2011; and
WHEREAS, on May 17, 2011, the City Manager conducted a hearing as prescribed in the Municipal Code
and subsequently denied Appellant's appeal of the Director's Permit denial by letter dated May 19, 2011; and
WHEREAS, on May 19, 2011, Appellant appealed the City Manager's decision to the San Rafael City
Council; and
WHEREAS, the City Council held a hearing on Appellant's appeal on June 6, 2011; and
WHEREAS, the City Council has considered Appellant's proposed use of Albert Park Baseball Field and
Stadium in relation to the criteria set forth in San Rafael Municipal Code section 8.10.040 for issuance of a Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
follows:
1. FINDINGS. On the basis of the evidence in the record before it, the City Council hereby finds as
A. Considering the estimated attendance for the proposed use in relation to the capacity established
for Albert Park Field and Stadium, per San Rafael Municipal Code section 8.10.040 F, the Council finds that the
anticipated attendance of approximately 1,500 persons at the proposed boxing event will require additional seating
at Albert Park Baseball Field -.,J Stadium, which has an existing capaci., if 700, but that such attendance is
consistent with other occasional historical uses of the park.
B. Considering the compatibility of the proposed use, activity or event with the uses established for the
requested park, building or portion thereof, per San Rafael Municipal Code section 8.10.040 G, the Council finds that
the proposed boxing use would be consistent with the historical use of the park. Historically, Albert Park Field and
Stadium has been used primarily for baseball, but has also been used for a variety of other events, including a
wrestling match, volleyball tournaments, and high school graduations.
C. Field damage could occur from the placement of the temporary boxing ring, seating, equipment,
and/or large numbers of people walking and standing on the surfaces; however, such damage can be minimized by
controlling the field irrigation over a week's time to produce the firmest surface possible. In addition, requiring a
damage deposit from the Appellant will ensure that the City has funds with which to perform any necessary repairs.
D. Considering the potential for any amplified sound to interfere with or detract unreasonably from the
enjoyment of the park or surrounding area by others, per San Rafael Municipal Code section 8.10.040 I, the Council
finds that there is no evidence that noise emanating from the proposed boxing event will be unusually loud or that it
cannot be satisfactorily mitigated by measures incorporated into the planning for and execution of the event.
E. Issues including security, noise, parking, traffic and the proposed alcohol concession can be
addressed satisfactorily during the processing of Appellant's application for a facility use permit.
2. GRANT OF APPEAL. Based upon the foregoing findings, the City Council finds that Appellant's
proposed use of Albert Park Baseball Field and Stadium for a professional boxing event on September 16, 2011
should be permitted, with conditions to be imposed by the Director to make appropriate provision for event security,
noise, parking, traffic, time limits on the sale of alcoholic beverages, and a damage/security deposit; therefore the
Council hereby grants Appellant's appeal and directs staff to proceed to process Appellant's Permit application.
I, Esther C. Beirne, 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 City Council of the City of San Rafael, held on
Monday, the 20th of June, 2011, by the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
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