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CITY OF BAKERSFIELD
PLANNING COMMISSION
DATE: June 15, 2023 AGENDA: 5.b.
TO: Chair Bashirtash and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
WARD: 2
FILE: Conditional Use Permit No. 22-0320
STAFF PLANNER: Taniya Wright, Associate Planner I
REQUEST: A conditional use permit to allow an establishment selling alcoholic beverages for on-site
consumption where such use is the primary business in the C-C (Commercial Center) zone district located
at 921 19th Street.
APPLICANT: Jr Design Group, LLC OWNER: True Blue Boar, LLC
Alejandro Rivera Sabrina Guijarro
429 19th Street 2518 Holladay Avenue
Bakersfield, CA 93301 Bakersfield, CA 93313
PROJECT LOCATION: 921 19th Street
APN: 006-060-29, and 006-060-28
PROJECT SIZE: 2,070 square feet CEQA: Section 15301
(Class 1; Existing Facilities)
EXISTING GENERAL PLAN DESIGNATION: MUC (Mixed Use Commercial)
EXISTING ZONE CLASSIFICATION: C-C (Commercial Center)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Conditional Use
Permit No. 22-0320 as depicted in the project description and subject to the listed conditions of approval.
SITE CHARACTERISTICS: The project site is developed as an existing upholstery shop. Surrounding
properties are primarily: north – Commercial business; east – Commercial business; south – Commercial
parking lot; and west – Vacant commercial.
File No. 22-0320 Page 2
PROJECT ANALYSIS:
Proposed Use. The applicant is proposing a change of use to allow an establishment selling alcoholic
beverages for on-site consumption where such use is the primary business, within an existing 2,070 square
foot suite of a commercial building. The hours of operation are 3:00 p.m. to midnight Sunday through
Wednesday, and 3:00 p.m. to 2:00 a.m. Thursday through Saturday. Onsite security will be provided on
Thursday, Friday, and Saturday. The proposed establishment will have 3 employees with 1
manager/owner, working two six-hour shifts. As proposed, the change of use will not require an expansion
of building size; however, the applicant will be required to obtain the necessary building permits for any
proposed Tenant Improvements.
Zoning and Permitting. Bars, nightclubs, and lounges selling alcoholic beverages for on-site consumption
where such use, including entertainment is the primary business are permitted uses in the C-C
(Commercial Center) zoning district only with the approval of a conditional use permit issued in
accordance with the procedures provided in Chapter 17.64 of the Municipal Code.
Conditional Use Permit. A conditional use permit allows a jurisdiction to consider special uses which may
be essential or desirable to a community, but which are not allowed as a matter of right. It is also
important to note that should your Commission approve the project, the applicant's rights granted by
approval are subject to the operating standards approved by your Commission. The Planning Commission
may initiate revocation of the rights granted if there is good cause, including but not limited to failure to
comply with conditions of approval. The Planning Commission may also consider adding or modifying
conditions to ensure the use complies with the intent of City ordinances. Staff’s recommended conditions
are included as Exhibit A to the Resolution.
Other Permitting. Should your Commission approve this conditional use permit, staff notes the applicant
will be required to obtain and comply with any additional restrictions associated with California
Department of Alcohol Beverage Control (“ABC”) licensing. The applicant provided staff with an ABC
application, for license type 48 and will provide proof of approval.
ENVIRONMENTAL REVIEW AND DETERMINATION:
This project has been found to be exempt from the provisions of the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures in accordance with Section 15301
(Class 1: Existing Facilities Projects). This exemption includes projects in urban areas that are consistent
with the applicable zoning and General Plan designation, Class 1 consists of the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of
existing or former use, and can be adequately served by all required utilities and public services. A Notice
of Exemption has been prepared.
PUBLIC NOTIFICATION:
Public notice for the proposed project and environmental determination was advertised in The Bakersfield
Californian and posted on the bulletin board in the City of Bakersfield Development Services Building,
1715 Chester Avenue, Bakersfield, California. All property owners within 300 feet of the project site were
notified by United States Postal Service mail regarding this public hearing in accordance with city
ordinance and state law. Signs are required as part of the public notification process and must be posted
between 20 to 60 days before the public hearing date. Photographs of the posted signage and the
Declaration of Posting Public Hearing Notice signed by the applicant are on file at the Planning Division.
Comments Received. As of this writing, no written public comments have been received.
File No. 22-0320 Page 3
CONCLUSIONS:
Findings. Bakersfield Municipal Code (“BMC”) Section 17.64.060.D contains specific findings that must be
made in order for your Commission to approve the requested conditional use permit. Specifically, the
section states that a conditional use permit shall be granted only when it is found that:
1. The proposed use is deemed essential or desirable to the public convenience or welfare; and
2. The proposed use is in harmony with the various elements and objectives of the general plan and
applicable specific plans.
BMC Section 17.64.060.E goes on to state that a conditional use permit may be subject to such conditions
as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning
regulations and the various elements and objectives of the general plan and applicable specific plans and
policies of the city or to protect the public health, safety, convenience, or welfare.
In accordance with these required findings, and as conditioned, staff finds: (1) an establishment would
occupy currently vacant suites; (2) the establishment would provide a place for adults to socialize; and (3)
the project would result in a development that is consistent with the intent of both the Metropolitan
Bakersfield General Plan and the Bakersfield Municipal Code.
Similar Request. Staff notes that in the last five years there have been four requests to allow an
establishment selling alcoholic beverages for on-site consumption where such use is the primary business,
in the C-C (Commercial Center) zone. This includes CUP 20-0042 approved by Board of Zoning Adjustment,
Resolution 20-02 on March 10, 2020. CUP 20-0363 approved by the Planning Commission, Resolution 05-21
on January 21, 2021, and CUP 21-0211, approved by the Planning Commission, Resolution 44-21 on
September 16, 2021.
Recommendation. Staff finds that the applicable provisions of CEQA have been complied with, and the
proposal sufficiently demonstrates compliance with the necessary findings. Therefore, staff recommends
your Commission adopt Resolution and suggested findings APPROVING Conditional Use Permit 22-0320
as recommended by staff and subject to the listed conditions of approval.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
Development Plans
• Site Plan
• Floor Plan
• Elevations
Resolution with Exhibits
RESOLUTION NO. ______
RESOLUTION OF THE BAKERSFIELD PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BAR & LOUNGE IN A C-C (COMMERCIAL CENTER) ZONE DISTRICT, LOCATED AT 921 19TH STREET. (CUP 22-0320)
WHEREAS, Alejandro Rivera filed an application with the City of Bakersfield Development Services Department for a conditional use permit to allow an establishment
selling alcoholic beverages for on-site consumption where such use is the primary business
(17.24.040.A.8) in a C-C (Commercial Center) zone district, located at 921 19th Street (the
“Project”); and
WHEREAS, the Secretary of the Planning Commission set Thursday, June 15, 2023, at
5:30 p.m. in City Council Chambers, City Hall South, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before the Planning Commission to consider the proposed conditional use permit, and notice of the public hearing was given in
the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing (no testimony was received either in support or opposition of the Project) (testimony was received only in support/opposition/both in support
and opposition of the Project); and WHEREAS, the laws and regulations relating to the California Environmental Quality Act
(CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly
followed by city staff and the Planning Commission; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15301; and
WHEREAS, the City of Bakersfield Development Services Department (1715 Chester
Avenue, Bakersfield, California) is the custodian of all documents and other materials upon
which the environmental determination is based; and
WHEREAS, the facts presented in the staff report and evidence received both in writing
and by verbal testimony at the above referenced public hearing support the following
findings:
1. All required public notices have been given. Hearing notices regarding the
Project were mailed to property owners within 300 feet of the Project area and
published in The Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing.
2. The provisions of CEQA, the State CEQA Guidelines, and the City of Bakersfield
CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project that is exempt from CEQA pursuant to Section 15301
because the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
2
3. The proposed use is essential and desirable to the public convenience and
welfare.
4. The proposed use is in harmony with the various elements and objectives of the
Metropolitan Bakersfield General Plan.
5. The project would result in a development that is consistent with the intent of
both the Metropolitan Bakersfield General Plan and the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Planning Commission as follows:
1. The above recitals, incorporated herein, are true and correct.
2. This project is exempt from the requirements of CEQA.
3. Conditional Use Permit No. 22-0320 as described in this resolution, is hereby
approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C.
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Planning Commission of the City of Bakersfield at a regular meeting held on the 15th day of June, 2023, on a motion by Commissioner _______, seconded by Commissioner ________ the
following vote:
AYES:
NOES:
RECUSE:
ABSTAIN:
ABSENT:
APPROVED
____________________________________
ZACHARY BASHIRTASH, CHAIR City of Bakersfield Planning Commission
Exhibits: A. Conditions of Approval B. Location Map
C. Site Plan
EXHIBIT A
CONDITIONS OF APPROVAL
Conditional Use Permit No. 22-0320
I. The applicant's rights granted by this approval are subject to the following provisions:
• The project shall be in accordance with all approved plans, conditions of approval, and other required
permits and approvals. All construction shall comply with applicable building codes.
• All conditions imposed shall be diligently complied with at all times and all construction authorized or
required shall be diligently prosecuted to completion before the premises shall be used for the purposes
applied for under this approval.
• This approval will not be effective until ten (10) days after the date upon which it is granted by the
Planning Commission to allow for appeal to the City Council. Any permit or license for any approval
granted shall not be issued until that effective date.
• This approval shall automatically be null and void two (2) years after the effective date unless the
applicant or successor has actually commenced the rights granted, or if the rights granted are
discontinued for a continuous period of one (1) year or more. This time can be extended for up to one
(1) additional year by the approving body.
• The Planning Commission may initiate revocation of the rights granted if there is good cause, including
but not limited to, failure to comply with conditions of approval, complete construction or exercise the
rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code
pertaining to the premises for which the approval was granted. The Planning Commission may also
consider adding or modifying conditions to ensure the use complies with the intent of City ordinances.
• Unless otherwise conditioned, this approval runs with the land and may continue under successive
owners provided all the above-mentioned provisions are satisfied.
II. The following conditions shall be satisfied as part of the approval of this project:
1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or
property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold
harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners
and boards ("City" herein) against any and all liability, claims, actions, causes of action or
demands whatsoever against them, or any of them, before administrative or judicial tribunals
of any kind whatsoever, in any way arising from, the terms and provisions of this application,
including without limitation any CEQA approval or any related development approvals or
conditions whether imposed by the City, or not, except for CITY’s sole active negligence or willful
misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by
the City related to this project and the obligations of this condition apply regardless of whether
any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost
CUP No. 22-0320 Page | 2 of 4
and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen
by another entity or party.
2. This conditional use permit authorizes an establishment selling alcoholic beverages subject to
the conditions of approval listed herein, in a C-C (Commercial Center) district located at 921 19th
Street.
3. Prior to the initial commencement of operations as allowed by this conditional use permit, the
permit holder shall obtain all necessary permits which include but are not limited to Tenant
Improvements Food Handling, and California Department of Alcoholic Beverage Control.
4. The permit holder shall comply with all operating conditions imposed by the California
Department of Alcoholic Beverage Control (“ABC”). Should a conflict occur between the ABC
requirements and the conditions of approval, the more restrictive shall prevail.
5. The on-site sale and consumption of alcohol shall be limited to the interior of the building.
6. The alcohol service hours shall be limited to 3:00 pm to 2:00 am.
7. Any smoking associated with the use shall occur in a designated smoking area of the business.
8. The permit holder shall not allow the number of occupants inside the premise building to exceed
the establishment’s maximum occupant load as determined by the Building Director or their
designee and/or the Fire Chief or their designee.
9. Loitering is prohibited on the premises or area under the control of the permit holder.
10. The permit holder shall provide evening security on premise Thursday, Friday and Saturday.
Evening is defined as sunset to closing time.
11. The permit holder shall ensure that reasonable efforts are made to prevent the admission of
any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive
words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all
other areas of the establishment controlled by the permit holder. The permit holder shall make
reasonable efforts to remove persons exhibiting such conduct from the establishment.
12. The permit holder shall ensure the Bakersfield Police Department is contacted immediately in
the event any minor on the premises attempts to obtain an alcoholic beverage through false
pretenses.
13. Excessive service responses from any City of Bakersfield Department or Division to the permit
holder's establishment could result in an investigation being instituted by the Bakersfield Police
Department Vice Detail. The findings of this investigation could result in additional conditions
being placed on the permit, or revocation.
CUP No. 22-0320 Page | 3 of 4
III. The following are specific items that you need to resolve before you can obtain a building permit or
be allowed occupancy. These items include conditions and/or mitigation required by previous site
entitlement approvals (these will be specifically noted), changes or additions that need to be shown
on the final building plans, alert you to specific fees, and other conditions for your project to satisfy
the City’s development standards.
The items listed below will usually need to be shown on the final building plans or completed before
a building permit is issued.
A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue)
(Staff contact – Shannon Clark; 661-326-3607 or SClark@bakersfieldcity.us)
1. Separation between A2 and M occupancy required, 2 exits will be required from A2 occupancy.
B. FIRE DEPARTMENT (2101 H Street)
(Staff contact - Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us)
1. The project must comply with the current California Fire Code and current City of Bakersfield
Municipal Code and noted on the plan. The California Fire Code shall be listed among the code
references. Show on the plan occupancy load. Plans shall be stamped with a current PE or
Contractors license stamp that has bee signed and that has expiration date of the certification on it.
2. Where fire apparatus access roads or a water supply for fire protection are required to be installed,
such protection shall be installed and made serviceable prior to and during the time of construction.
3. Electric gates shall be equipped with a means of opening the gate by fire department
personnel for emergency access. Emergency opening devices shall be approved by the fire
code official. All new construction of access gates shall be equipped with an automatic
opening device which is activated through the wireless activation system utilized on City of
Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the
wireless activation system on access gate(s) shall be completed by the gate owner. The gate
opening device shall have a disconnect feature for manual operation of the gate when the
power fails.
CUP No. 22-0320 Page | 4 of 4
ACKNOWLEDGEMENT BY PROJECT APPLICANT:
I agree to the project’s conditions of approval and acknowledge that failure to comply with any and all
conditions shall constitute grounds for potential revocation of the permit approval.
Signature Date
Print name here
Exhibit B
P. 661.323.5402F. 661.323.5414E. jrdesignr@yahoo.com429 19th StreetBakersfield, Ca 93301Exhibit C
P. 661.323.5402F. 661.323.5414E. jrdesignr@yahoo.com429 19th StreetBakersfield, Ca 93301Exhibit C