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HomeMy WebLinkAboutRES NO 105-78 RESOLUTION NO. 105-78 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE FINDINGS MADE BY THE BAKERSFIELD BOARD OF ZONING ADJUSTMENT IN GRANTING A CONDITIONAL USE PERMIT FOR A PRIVATE AIRFIELD NEAR COMANCHE ROAD AND HIGHWAY 178. WHEREAS, at a regular meeting of the Board of Zoning Adjustment of the City of Bakersfield, held July 11, 1978, the Board granted a conditional use permit for a private airfield near Comanche Road and Highway 178 in the City of Bakersfield; and WHEREAS, the Board found: 1. The granting of the conditional use permit would not adversely affect the General Plan of the City of Bakersfield. 2. The granting of the conditional use permit would not be materially detrimental to the public welfare or injurious to the property or improvements in the zone or vicinity in which the property is located. 3. The conditional use permit would not have an adverse environmental impact on the neighborhood or community. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The City Council approves the action taken by the Board of Zoning Adjustment and adopts the findings made therein. -o0o. 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 the 4th day of October, 1978, by the follow- ing vote: the APPROVED~thi=s-~th-da of October, 1978 i ~ =~ , Bakersfield AP P ROVE ~- a s -t~ ~o rm~ RESOLUTION OF THE BOARD OF ZONING ADJUSTMEN1~ OF THE CITY OF BAKERSFIELD ZONING RESOLUTION AND CERTIFICATE OF FINDINGS OF FACT IN REGARD TO THE AP- PLICATION OF NICKEL ENTERPRISES REQUEST- ING A CONDITIONAL USE PERMIT OF THE LAND USE ZONING ORDINANCE OF THE CITY OF BAKERSFIELD AFFECTING THAT CERTAIN PROPERTY AS HEREINAFTER DESCRIBED AND ZONED AS AN M-1-D (LIGHT MANUFACTURING- ARCHITECTURAL DESIGN) ZONE TO ALLOW THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A PUBLIC USE AIRSTRIP CONSISTING OF A 60-FOOT BY 3000-FOOT DIRT RUNWAY FOR LIGHT COMMUTER AIRCRAFT ON THAT CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE HIGHWAY ROUTE 178 AND COMANCHE ROAD. WHEREAS, NICKEL ENTERPRISES filed a written application with the Board of Zoning Adjustment of the City of Bakersfield requesting a Conditional Use Permit to allow the construction, operation, and maintenance of a public use airstrip consisting of a 60-foot by 3000-foot dirt runway for light commuter aircraft on the following described property: A parcel of land located in Section 15, Township 29 South, Range 29 East, MDB&M, being more particularly described as follows: ~eginning at a point on the Southerly right-of-way line of State Highway 178 and the West line of said Section 15, which bears South O0° ll' 09" East 2028.91 feet from the Northwest corner of said Section 15, as shown on Kern County Surveyor's Map No. 6-1a 2249, dated March 3, 1965; Thence along said Southerly right-of-way line North 68° 44' 24" East 100~00 feet; Thence South 86° 05' 24" East, 3380 feet; Thence North 3° 54' 36" West 1558.35 feet to a point on the Southerly right-of-way line of State Highway 178; Thence North 68° 44' 24" East along said South right-of-way line to a point on the North line of Section 15; Thence East along said North line of Section 15 to the East line of Section 15; Thence South along the East line of Section 15 to the South line of the North 1/2 of Section 15; Thence West along said-South line 4900.84 feet, more or less, to a point on the East right-of-way line of Comanche Drive; Thence Northerly along said right-of-way line North 33° 36' 59" West 192.68 feet to the West line of Section 15; Thence Northerly along said West line North O0° ll' 09" West 499.10 feet to the Point of Beginning. -2- and WHEREAS, said Board of Zoning Adjustment, through its Secretary did set July ll, 1978 at the hour of 3 p.m., in the Council Chamber of the 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 July ll, 1978, the application was duly heard and considered, and the Board of Zoning Adjustment found as follows: l) The granting of this conditional use permit will not adversely affect the General Plan. 2) The granting of this conditional use permit will not be materially detri- mental to the public welfare or in- jurious to the property or improve- ments in the zone or vicinity in which the property is located. The proposed conditional use permit will not have an adverse environmental impact on the neighborhood or community. The above findings were based on the following facts: Subject unimproved land lies southerly of Highway 178 and easterly of Comanche Road. The topography is generally slightly rolling to flat with a minor drainage channel traversing the site. Surrounding property is rolling hills to level and is developed as follows: West and Northwest -- Single family dwellings on · large estate type lots North -- A rock and gravel plant East -- Vacant South -- Oil related facilities; wel!s~ sumps, etc. Subject runway is east/west oriented. This will require planes taking off to fly over the vicinity of the dwell- ings immediately to the west. The noise from small prop- eller airdraft does not exceed the Noise Element of the General Plan. After a preliminary environmental assessment, staff deter- mined the project would not have a significant effect on the environment. A negative declaration was advertised and posted June 30, 1978. -3- Planning staff recommended approval of this Conditional Use Permit as submitted, subject to the following con- ditions: l) No expansion of use shall be permitted beyond that noted by the documentations supplied in this Conditional Use Permit application. 2) No mere than 40 operations per month (average) will take place over the life of this Conditional Use Permit. The graded runway is to be located so as to allow for the future re-alignment of Comanche Road. Comanche Road will intersect with Route 178 at Alfred Harrell Highway making it a four- way intersection. The runway is to be designed so as to hold the city harmless of encroachments -into the air safety corridor (i.e., 7:1 and 20:1 trough) as may be specified by the FAA and Cal Trans Division of Aeronautics. 4) All vehicular access to the landing strip shall be approved by the Department of Public Works. Take-off regulations of the airstrip shall include the requirement that upon reaching Route 178, the pilot shall execute a 30 degree bank to the left and follow Route 178 in order to avoid overflights of residential units. 6) Before grading processes commence, the applicant shall supply a written statement to the Develop- ment Services Department with such statement being made by a qualified professional dealing with those concerns as stated in the Office of Historic Preser- vation letter dated June 7, 1978. 7) No jet aircraft shall use the facility. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTSlENT OF THE CITY OF BAKERSFIELD that said application for said Conditional Use Permit as outlined above be and the same is hereby approved subject to the following conditions: l) No expansion of use shall be permitted beyond that noted by the documentations supplied in this Conditional Use Permit application. 2) No more than 40 operations per month (average) will take place over the life of this Conditional Use Permit. 3) The graded runway is to be located so as to allow for the future re-alignment of Comanche Road. Comanche Road will intersect with Route 178 at Alfred Harrell Highway making it a four- way intersection. The runway is to be designed so as to hold the city harmless of encroachments into the air safety corridor (i.e., 7:1 and 20:1 trough) as may be specified by the FAA and Cal Trans Division of Aeronautics. 4) 6) -4- "All vehicular access to the landing strip shall be approved by the Department of Public Works. Take-off regulations of the airstrip shall include the requirement that upon reaching Route 178, the pilot shall execute a 30 degree bank to the left and follow Route i78 in order to avoid overflights of residential units. Before grading processes commence, the applicant shall supply a written statement to the Develop- ment Services Department with such statement being made by a qualified professional dealing with those concerns as stated in the Office of Historic Preser- vation letter dated June 7, 1978. No jet aircraft shall use the facility. Approved and Adopted This llth Day of July, 1978 BOARD OF ZONING ADJUST~ENT OF THE CITY OF BAKERSFIELD J. DALE HAWLEY, Chairman M~nutes.~ BZA~ 7/!1/78 Page 2 THAT CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STA'~E HfGHW'AY ROUTE 178 AND COM]ANdF:!E ROAD -- ~ 'dON- BT_zFi_O~X'E'OT~PERM][~"TO AL_LO_V_V.THE'CbI~:__RUCT.~OFT~'O_.pERA- T~ON~ AND MAINTENANCE OF A PUBLiC-USE AIRSTRiP CONSIST- ][NG OF A 60-FOOT 8Y 3000-FOOT DIRT RUNWAY FOR LIGHT COM- MUTER AIRCRAFT ~N AN ,_M:~1.,-__D__(/_J:G.H,T MANUFACTURi:NG-ARCHI- TECTURAL OES:~GN)_ ZONE° .(.E~_L..E_2932- N~CKEL E_N_TE__P_,PR[S.E~S) _._ App~Lcant ts requesting app~-ova~ to construct an alpstrip fop tight comrr~u~e~' ai~'c~afto Staff made an envipor,.nnentat assessm'ent~ a negative dectaration was posted and advertised June 30~ 1978o This was an advertised public heaz'tng; audience testimony was soUcited by Chairiman Haw[ey o Mro Mar. vtn Roe addressed the Boards, He is cencer'ned about the depar~ tupe of the p~anes F~om the Punway. MPo Chaptie Patrick informed the Board he did not object to the project the ptanes can bank to the [eft and follow Route 1 78 o MPo Me1 Tocfi~eD~ prtnc[pa[ Ptanner explained to Mr, Roe and M~o Pat,~ck .the basic t~e,-o~ and randtrig pattepn~ The applicant addressed fj~e Eaoapd~ he stated that he and his people have made an eftopt to toeate this a~,r'stpip so as not to [nconven[ence the ": neighbors o M:,^ o Louis Terrazen read a [Letter' signed by residents and property owner's i.n the vtctn[~3/o~ Cos'v..anche Road and Highway t 78 startrig they have no objections to the constr'uct~on ~nd operation of the atr'strtpo Roe again addr'essed the Board asking t~ the proposed a[psf2[p gotng to be p~tvate op pubtic use. MPo N~-cket pepUed that the vvou[d be used by the people associated v,dth Ntcke~ Enteppriseso Upon a motion by Member', Kenneth Hoagland~ and car'r[ed~, Board approved the negative decEaPatton and Conditional Use Pepm[t~ subject to the ~o~ [owEng conditions: Minutes~ BZA~ 7/1t/78 4 o (contEnued) 1) Page 3 No expansion of use Sha~& be pe~'mi~ed beyond tha~- noted by the docunlen~;a%lcns supplied in this Con= dttt~1 Use Permi~ ~p~ffion, 2) No more than' 40 oper'ations pep month (average) take p~,a. ce over the lt~e ot' this Condill. oral Use P~,fr~o a) The graded ~,,.nway is to be Iotated so as to allow lop the PatuPe re-alignment oF Comanche Road o CoerCe Ro~d vv~tt ~ntepsect w~th Route t 78 at A[~ped Harpell Highway making it a Four-way tritersect&on, The Punway is to be'designed so as to hold the ci~ ~Pm- [ess o~ encpoachmen~ into the atr safety corridor Ct,eo, 7:1 and 20:1 ~ough) as may be specified by the FAA ~d Cai' Trans' D~v~s~on of AePonautEcs, 4) All vehicular .access to the tending strLp shah be approved by ~he Departmint oR Public Works o 6) Take-oFF regulations of the airstrip shall include the requirefluent bhat upon reaching Route 178~ the pilot shall execute a 80 degree bank to the [eft and Follow Route !78 in order to avoid overFLights of residential units o :. BeFore g;~d~ng. processes commence~ the applicant shall supply a{ wri'~ten statement to the Development Services Dep~m~ment with such statement being made by a qualified professEoF~]. deal~,ng with those concerns as s'bated i_n th~ Office oF H~stor[c Preservation letter dated June.7~ 1978o 7) No jet aincnaft shatl use the Facility,