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HomeMy WebLinkAboutRES NO 024-17RESOLUTION NO. 02 4— 17 A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO UPHOLD THE APPEAL AND DENY CONDITIONAL USE PERMIT NO. 16- 0421 TO ALLOW ALCOHOL SALES AND CONSUMPTION IN A (REGIONAL MOVIE THEATER IN A C-2 DISSTRICT LOCATED AT 2000 WIB E ROAD (WARD 7). ZONE) WHEREAS, F. Michael Ayaz filed an application with the City of Bakersfield Community Development Department for a conditional use permit to allow alcohol sales and consumption in a movie theater in a C -2 (Regional Commercial Zone) district 117.64.020.8) located at 2000 W ible Road (the "Project "): and WHEREAS, the Board of Zoning Adjustment approved the conditional use permit on January 10, 2017, and the decision was appealed by the "Neighbors for a Safe Valley Plaza" on January 18, 2017: and WHEREAS, the Clerk of the City Council set Wednesday, February 15, 2017, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code: and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. As proposed, the use is not essential or desirable to the public convenience and welfare. 2. As proposed, the use is not in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 3. The appeal is upheld and Conditional Use Permit No. 16-0421 is denied without prejudice. 4. The City will waive processing fees, and the applicant may apply for a new conditional use permit, to be considered by the Bakersfield City Council at a regularly scheduled hearing. - - -- 000 - -- o``g AKF9m m o ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on FEB 15 2017 , by the following vote: ✓ ✓ ✓ ✓ ✓ qy COUNCILMEMBER'. RIVERA, GONZALES, WEIR, SMITH, - - - - -, SULLIVAN, PARLIER NOES: COUNCILMEMBER'. Nor-9 ABSTAIN. COUNCILMEMBER: N ABSENT: COUNCILMEMBER: PAMELA McCARTHY, MMC INTERIM CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED FEB 15 2017 y 40 KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney Exhibits: A Location Map B Site Plan �gAKF9 o T u o ORIGINAL Exhibit A (Location Map) o49AKF9 T o ORIGINAL a O V E€ E e F g_@ c Z O a q s W h §Fg 6a [a e €sa8�a�5 a s[ €i Fk'i L s4E� J W E -s£E EFF egg4f �6F €� 42 £S FRi $Bi =E P �5`e 2 K 6 p U 3 rc rc rc - 13IXIgYtl10 -'- 1 p € U ti p p � S ?3NOfSx3r1B 6r3 o ¢ tl:NO- p W n 3 g 4 N p d S -- ia�wolsaxs.. p as TIMM _. 66 CL J o W � O � 3 ti I ORIGINAL Exhibit B (Site Development Plan) o``g AKF9m U O nRICINAL i �I 1 ,• s' qy. 4 i qy. 4