HomeMy WebLinkAbout2009/02/03 Item 2oRDnvANCE No. ~P~~NG p,NO AOOp~10N
E~pND ~`
ORDINANCE OF THE CITY OF CHULA VITA AMENDING
CHAPTER 2.66, SECTION 2.66.255 OF THE CHULA VISTA
MUNICIPAL CODE TO ALLOW BMX BICYCLE USAGE AT
THE LEN MOORE SKATE PARK
WHEREAS, the City of Chula Vista ("CITY'S and the Boys and Girls Club of Chula
Vista ("CLUB'S entered into a lease dated November 8, 1977, ptrrsuant to City Council
Resolution No. 8882, for the lease by CLUB of CITY property in Greg Rogers Pazk ("Original
Lease'~;and
WHEREAS, CITY and CLUB entered into an amended lease dated September 5, 1978,
pursuant to City Council Resolution No. 9262, for the lease by CLUB of CITY property in Greg
Rogers Park ("Original Amended Lease"); and
WHEREAS, CITY and CLUB entered into an amended lease dated January 21, 2003 to
modify said Original Amended Lease by removing from the definition of premises in Ute
Original Amended Lease the property that will be occupied by a planned skate park; and
WHEREAS, CITY and CLUB entered into an agreement for the lease and operation for a
skate park in Greg Rogers Park (the "Lease and Operating Agreement'; and
WHEREAS, the skate pazk was completed and opened in 2003 and named the Len
Moore Skate Pazk; and
WHEREAS, it is now desirable to amend the Lease and Operating Agreement to permit
new uses of the Len Moore Skate Park by allowing the use of BMX bicycles; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed action
for compliance with the California Environmental Quality Act ("CEQA") and has determined
that the activity is categorically exempt from environmental review pursuant to Title 14 of the
California Code of Regulations, Chapter 3, Article 19, (the "State CEQA Guidelines") Section
15323, "Normal Operations of Facilities for Public Gatherings" because the action only consists
of the normal operations of existing facilities for public gatherings for which the facilities were
designed and there is a past history of the facility being used for the same or similar kind of
purpose. Therefore, ptusuant to Section 15300 et seq. of the State CEQA Guidelines the activity
is not subject to CEQA.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION 1: That Chapter 2.66, Section 2.66.255 of the Chula Vista Municipal Code is
amended by adding Subsection "G" in aceordance with the following:
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Ordinance No.
Page 2
G. Notwithstanding any other provision contained within this code section,
BMX bicycle use may be permitted by express written consent of the Director of
Recreation at the Len Moore Skate Park. Should express written consent of the
Director of Recreation be obtained, then the posted signs at the Len Moore Skate
Pazk shall be revised to read as follows:
WARNING
Skateboarding, in-line skating, roller skating, BMX bicycle riding and
scooter riding are hazardous recreational activities. Use of this facility
may result in serious injuries or death. The City of Chula Vista does not
assume any responsibility for injuries or death.
Any person using this facility must weaz a helmet, elbow pads, and knee
pads designed for skateboarding, is-line skating or BMX bicycle riding.
The required protective geaz shall be properly wom (i.e., chin strap
attached) and be in good repair. Any person failing to comply with this
section shall be subject to citation and penalties pursuant to Chula Vista
Municipal Code Section 2.66.255(F).
SECTION 2: This ordinance shall take effect and be in full force thirty (30) days following
its second reading.
Presented by
James Sandoval
City Manager
Approved as to form by
Bart C.
~0i'tCity A
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