HomeMy WebLinkAboutRES NO 148-97RESOLUTION NO. 1 4 8 ' 9 ?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD UPHOLDING IN PART BUT REWORD1NG A
CONDITION OF APPROVAL OF THE BOARD OF ZONING
ADJUSTMENT REGARDING THE REQUIRING OF FENCING
AROUND THE PERIMETER OF A SITE APPROVED WITH A
CONDITIONAL USE PERMIT TO ALLOW A 9-HOLE PUBLIC GOLF
COURSE (FILE NO. P97-0345).
WHEREAS, D. Parker Chapman filed an application with the City of Bakersfield Planning
Department requesting a Conditional Use Permit (No. P97-0345) to allow a 9-hole public golf
course (chip and putt) to operate in conjunction with an existing motel and a modification of the
parking requirements from 369 spaces to 299 spaces in an M-1 zone district~ The project is
located at 4500 Pierce Road~ and
WHEREAS, said Board of Zoning Adjustment through its Secretary set August 12, 1997,
at the hour of 5:30 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time
and place for a public hearing before said Board on said application, and notice of said hearing
was given in the manner provided by Title Seventeen of the Municipal Code of the City of
Bakersfield; and
WHEREAS, at said hearing held August 12, 1997, the application was duly heard and
considered, and the Board of Zoning Adjustment approved the conditional use permit; and
WHEREAS, a timely appeal was filed by D. Parker Chapman objecting to the requirement
that they install 50-foot high netting along the north, east and west property lines to contain golf
balls (condition #Il.2.) with the Clerk of the City Councik and
WHEREAS, the City Council through its Clerk set September 24, 1997, at the hour of
7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a
public hearing before said Council on said appeal, and notice of said hearing was given in the
manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and
WHEREAS, at said hearing held September 24, 1997, the appeal was duly heard and
considered.
WHEREAS, the City Council found that fencing was needed to contain golf balls in the
facility~ however, the applicant presented an alternative that would accomplish this concern and
the Council agreed to modify a condition of approval (#II.2) reflecting the applicant's proposal to
install 4 - 10'xl 0' net panels with the stipulation that staff review the success of golf ball
containment 1-year from the date of this decision.
ORIGINAL
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAKERSFIELD that the decision of the Board of Zoning Adjustment regarding condition
number II.2. is hereby upheld in part regarding the requirement for fencing but that the condition
be revised to read as follows:
11.2.
The applicant shall install 4 - 10'x 10' net panels along the west property line of the
golf course to preclude golf balls from being hit into Pierce Road. If golf balls
cannot be contained on the premises or complaints arise from neighboring
businesses concerning golf balls entering their properties, fencing may be required
to extend higher or other methods of containing golf balls devised as directed by
the Planning Director. Staff and the applicant shall evaluate the installed fencing in
1-year to determine if it provides adequate containment of golf balls in the facility.
.......... 000 ..........
OR IGII'O'J.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
~EP 2 4 1997 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
COUNCiLMEM~
NO~S: ' I ~ER ~
ABSTAIN: COUNCILMEMBER ~
ABSENl~ COUNCiLMEMBER ~[..~h4_,~ ..
CITY CLERK and EX OFFICI~LERK
of the Council of the City of Balt4rsfield
APPROVED $£p 2 4 1997
of the City 15f Bakersfield
APPROVED as to form:
SKOUS~, CITY AT O
ity of Ba!ersfield
ORIGfNAL