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.
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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 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
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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
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Exhibit A
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Exhibit B
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