Outcome of the Playground Case

Judge finds playground permit was backed by evidence
Kimberly Wear
Eureka Times-Standard

EUREKA -- A Superior Court judge has ruled that the City Council's decision to grant a permit for a church school playground was supported by substantial evidence, disagreeing with former neighbors who filed a lawsuit claiming the din of children playing violated the city's noise ordinances.

Judge Michael Brown also found the Environmental Impact Report and noise study submitted to the city were adequately prepared and stated there was no merit to the argument the playground had adverse effects on the E Street neighborhood.

”It should be noted that mitigation has been required by city staff, including a hedge to the north of the existing playground area, and the permit is to be reviewed in one year to determine if other mitigation measures may be necessary,” Brown wrote in his Dec. 9 ruling.

The Redwood Christian School playground dispute stretches back three years and culminated in the lawsuit filed by James Emery, former residents Andrew and Ida Nash and a group called Eureka Citizens for Responsible Government.

According to the action, Emery had to move elsewhere because of noise caused by the children playing outdoors. The lawsuit asked the court to overturn the City Council's decision in March to grant the school a conditional use permit for the playground, which was already built.

Emery and the Nashes asserted the city failed to comply with the California Environmental Quality Act and violated state planning and zoning laws, city zoning code and the policies and goals of the Eureka General Plan.

When the school was granted its original 1980 permit, one of the conditions was the children would play indoors or at neighborhood parks.

The Planning Commission granted a modification to the school's permits in October 2003. Emery appealed and the City Council held a public hearing. Each side turned in competing studies about the noise impacts so under state law an EIR was required -- resulting in a delay that landed the issue before the council in March.

In approving the modifications, the council limited playground use to school hours, removed a restriction limiting the school to 70 students and replaced that with a limit of 26 students and two adults on the playground at one time.