HomeMy WebLinkAboutWritten justificationSlayco Inc.
1710 Oak St., Bakersfield, CA 93301
Application for Encroachment Permit
Written Justification and Description of the Need for the Encroachment
What Were Applying For
Jakes Tex Mex is applying for an Encroachment Permit to install 68 LF of decorative fencing on a curb in
the right‐of‐way to establish a buffer zone for patio seating. The fencing is made from steel posts and
wood slats. This proposed fencing as well as landscaping is aimed to assist in creating a safe,
comfortable, and inviting space for customers to use. With the continued presence of COVID and other
common colds prevalent in our daily lives, we feel that a percentage of customers are looking to dine
outside and we would like to expand this part of our business.
A Safe Buffer
When it comes to safety, we have two issues that we are concerned with. The first being to create a
patio that someone will feel safe in. All customers see other restaurants around town providing outdoor
seating whether its in the sidewalk or in the street. Customers sense when a space is safe and when it is
unsafe. Case in point, the street seating to the south of the Padre Hotel, some customers have no issues
sitting there while others feel that it is too unsafe to trust the traffic directly adjacent to it. We feel that
in order to create a safe space with the constant Oak St. traffic, a fence provides a physical barrier to
ensure safety in addition to the planter we have provided east of the right‐of‐way line.
In addition to our customers, the fencing also provides safety internally for the crime and homeless
issue we deal with frequently. Within the past year, we have had many issues such as a person breaking
our domestic water backflow preventer causing a flood in the front of the restaurant at 5:00am to a
homeless person starting a fire in our trash enclosure. The lockable patio area would be aimed to limit
this activity as well as protect the exterior of our building.
A Noise Buffer
As you know Oak St. serves as a main thoroughfare to downtown and the Westside Parkway. High
traffic flows as well as a conduit for emergency vehicles create a noisy environment. In order for
customers to enjoy an outside patio, the proposed fencing and landscaping will create a noise buffer
making the area tolerable and we think even enjoyable.
A Comfortable & Aesthetic Buffer
Per the landscaping plan provided, you can see that the plan is not to create a sparse area but
something full and appealing to sit in creating a comfortable atmosphere. The more landscaping, even
with low non‐intrusive shrubs & trees, the more comfortable we can make the space. The Planning
Department has already reviewed and approved the landscaping portion of this work.
Precedent Around Town
We feel we are conceptual asking for the same thing other businesses around town have been allowed
to do utilizing City sidewalks and City streets to provide the same seating that we are trying to create.
With the ability for other restaurants to provide this type of seating, we have competition for the
customers looking to sit outside. We would like to be included in the conversation by providing an
enjoyable space. However conceptual differences to the downtown competition is that while they are
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up against 2 lane streets with slower speed limits (25 mph), we are up against a 4 lane street with a
speed limit speed of 40 mph.
The Need
Without this fence line and landscaping, we feel that people will not use this seating making it a need or
requirement of the space. The absence of this barrier, would not allow us to capture the percentage of
customers looking to dine outside nor allow for our business to grow within the limited space we have.
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