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HomeMy WebLinkAboutDecember 10, 2002MINUTES OF THE REGULAR MEETING BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD Held Tuesday, December 10, 2002, 3:00 p.m., City Council Chamber, City Hall, 1501 Truxtun Avenue, Bakersfield, California. ROLL CALL BOARD MEMBERS: STAFF MEMBERS: Present: DAVID LYMAN, Chairperson JACK LEONARD RAUL ROJAS Present: JIM EGGERT, Principal Planner JAKE SWEENY, Associate Planner WALT PARR, Deputy City Attorney PATRICIA STaWE, Acting Recording Secretary The Chairperson read the Notice of Right to Appeal as set forth on the agenda. 2. PUBLIC STATEMENTS None 3. MINUTES OF PREVIOUS MEETING Motion was made by Member Leonard to approve minutes of the meeting held November 12, 2002. Motion carried by the following roll call vote: AYES: Leonard, Lyman aBSTAINED: Rojas 4.A.1. PUBLIC HEARING- FILE NO. 02-1044 - CONDITIONAL USE PERMIT -- STEPHANIE CHO HAS REQUESTED A CONDITIONAL USE PERMIT TO ALLOW A 17 UNIT APARTMENT COMPLEX WITH PARKING WITHIN A C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE DISTRICT AND A C-1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 2600 NEW STINE ROAD. Public hearing was opened. Staff Report was given. Randy Jelmini, a dentist, has an office directly north of the site. He stated that it is his understanding based on Mr. Eggert's comments, that the proposal will not put the gate through his block wall. If that is a correct understanding, he would be in favor of staff's position. Mr. Eggert confirmed Mr. Jelmini's understanding. Public portion of the hearing is closed. Minutes, BZA December 10, 2002 Page 2 Motion made by Mr. Rojas to adopt the attached resolution and all findings and conditions, approving the Conditional Use Permit Number 02-1044 as depicted in the project description. Motion carried by the folowing roll call vote: AYES: Leonard, Lyman, Rojas NOES: None 4.A.2. PUBLIC HEARING - FILE NO. 02-1071 HENRY CASTANEDA HAS REQUESTED A CONDITIONAL USE PERMIT TO ALLOW A 4,500 SQUARE FOOT SPORTS BAR AND NIGHT CLUB THAT WILL INCLUDE LIVE ENTERTAINMENT WITHIN A PORTION OF AN EXISTING BUILDING IN A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT LOCATED AT 3201 F STREET. Public hearing was opened. Staff Report was given. The Chair asked for comments from those in opposition to staff's recommendation. Tony Ansalabaher, 2424 Pine Street, stated he would like to compare the project location with the locations of the other night clubs in the Bakersfield area that have been permitted (he obtained the list from the yellow pages). Mr. Ansalabeher pointed out that all of these other nightclubs have no residential neighborhoods in the vicinity and are mostly surrounded with industrial uses. He further pointed out that his neighborhood's residential streets feed into the subject shopping center, and unlike most commercial uses, there is no block wall separation. Many adjacent homes face right into the shopping center. Mr. Ansalabaher stated that he believes putting a nightclub in a residential neighborhood sets a bad precedent. This use is not essential or desirable to the public's convenience or welfare, and this use is not in harmony with the objectives of the general plan, specifically to accommodate new development which is compatible with compliment on existing uses. Mr. Ansalabeher stated that Bill Taylor, from West Chester Liquors, provided a list of the liquor establishments within one mile from 18th Street and Chester Avenue, and it is quite impressive. Judith Conch, 2637 Cedar Street, stated she is in escrow to purchase 2930 Pine Street. She said that the existing uses are already intolerable as she can sit in her house with her doors and windows closed which is a block and-a-half away, and still hear music blaring from the special events. She indicated that she does not look forward to people leaving the site late at night after drinking and playing their loud music as they drive by her bedroom. She requested that if they are going to have this establishment, to please restrict the hours to 10 p.m. and not serve hard liquor. Teresa Dahmer, 2460 Beech Street, stated that this site has unfortunately become an in-door swap meet. There are already traffic and parking issues, and now there is a request for a sports bar and nightclub. Ms. Dahmer indicated that the proprietors of the site already believe that the use permit has already been granted based on their television commercials. She inquired if the proprietors know something that they (the citizens) don't know. She reminded the board that the City recently fought and won a battle to keep a strip club from obtaining the required permits because it would have been located too close to residents living in a trailer park. Ms. Dahmer indicated that Westchester merits the same consideration for this proposal. She further reminded the board of the battle with the MarketPlace shopping center. Westchester has always been one of the most d~d[illllle$, BZA December 10, 2002 Page 3 prestigious neighborhoods in Bakersfield. She pointed out that the young families moving in with children will be at risk for the potential drunk drivers from the nightclub. A sports bar, nightclub, or nightclubs will not be welcomed into the city with opened arms, nor would it be in any neighborhood in this city. She respectfully requested that the board deny Mr. Castaneda's permit, and any other individual who comes forward with similar plans. Tim Black, 2720 30th Street, stated he has a house located very close to the site. He stated he had finished working an hour shift, and was three hours into his sleep when he felt that somebody was standing in his room with a large 4-foot amplifier serenading him. It woke him up. He drove around the comer and a gentleman was on an accordion and had the speakers facing the houses. He was the reason that the music stopped because he asked them to stop and inquired if they had a permit. He indicated that they did cease the music, but it was still disturbing to him. He indicated that his biggest concern is that the applicant made a claim on the news last evening that the area south of the building and the back side was all fenced off. This is not true as there are two access ways to 30th Street out of the parking lot. One access goes right to the end of the house on 30th Street, and the other one is right next to the Italian restaurant. Those are not fenced off. His opinion is that in a perfect world people don't drink and drive, but with today's liquor laws, I guess if you have one beer, or a couple of drinks and you get in your car and you get pulled over, you can get arrested for drinking and driving. He indicated that he is not sure what the applicant's hours of operation are for a sports bar, but a nightclub is a concern. He indicated that he thinks it is going to be a big partying place. The owner's dream is to open up a sports bar. Mr. Black's dream is to provide a safe environment for his family and for his fellow neighbors. He indicated that he has an 11 year old daughter and a 4 month old new baby. He indicated that his daughter crosses the street to play with her friends several times a day. He indicated last year there was a fatal accident down the street because when the sun was coming down and a person came around the comer too fast and killed an elderly lady right down the street from his house. He indicated that there have been two injury accidents in the area in the last year. He does not want the city to grant a liquor permit at the expense of somebody's kid, especially his. He requested that they deny the request. John Sarad indicated that he is a property owner in downtown Bakersfield and indicated that he has had experience with bars in buildings that he has owned. He stated that they became a problem, even with the best of intentions, the best of ideas, and the best concept. He stated that it is a very tough business, and it is very traffic oriented. The Rock ;N Rodeo is a real good example; it's in a very well located place and people will go there. He indicated that when a bar isn't successful, the owner becomes more and more desperate to get business in because they have quite an investment and have to get enough income to cover debt service, and rents, etc., and they get wilder, crazier and if you've ever listened to the advertising on the radio for bars you can tell that the quest for that bar dollar is very, very competitive. It becomes a pretty ugly scene after a while. He indicated that these owners probably have the best of intentions, but they don't realize that bars bring drug dealing, prostitution, and even in the hotels this happens. He indicated that this neighborhood is too close to this establishment. It just is not the right thing to do even though they probably have the best of intentions. He stated that he is afraid that it is not going to work in this neighborhood. The police department will be inundated with calls, noise, people speeding, drunk driving. He stated that he does not think that the neighborhood residents are going to go to this and is not going to be Cheers. He feels that the whole improvement there is misplaced. He indicated that this is not Los Angeles and this concept does not work well here. He stated that ultimately he does not think that this project is going to bring them what they are expecting, and he does not think that adding a bar is going to help them or the community, and thinks that it should be denied. Dan Guy lives on Spruce Street and when the City Planner talks about the building being within 200 ft. of residents, he indicated that he is at 200 ft. He indicated that he is a Navy reservist and was called in about September 11th and was gone for a year. He indicated that when he came home, d~d[illllle$, BZA December 10, 2002 Page 4 he came home to this project. He indicated that every Sunday night he has to make a phone call to the Bakersfield Police Department because of what he believes is some kind of banquet hall to the rear of the store. He indicated that a few Sundays ago his wife made a comment to him about the noise, so he got in his car and drove over to see what was going on, and found that the place was closed, except for this concert banquet something going on in the back of the building. From the L of the building (on the site plan), you can see to the immediate left of the yellow box where the bar will be located, that comer makes a natural amplifier which just directs the music right into his neighborhood and there is nothing there to stop it. Julia Fritch-Stamp, 2624 Beech Street, stated that she has been a resident for six years and has been complaining to the City for over the past five years about the traffic problem on Beech Street; people speeding down the street. As she has contacted different officials in the traffic division, the police department, and other city officials, she voiced her concern that someone was going to die on their street if something was not done. Well, unfortunately that became true. In the past six months a very dear friend was struck and killed instantly on Beech Street, right in front of this building. Mr. Sweeny was not aware of that fatality when he made the recommendation for this report. She said that it is very important that when you take a look at this that that was not a drinking driver; that was a sober driver. It was between five and six o'clock in the afternoon. That was without a bar and a nightclub in the neighborhood. She indicated that if she was sitting in the board's position, and voting upon this proposal, she would personally as an individual would not be able to sleep at night if she had voted to approve it, because if someone is then injured, or possibly killed, you are the people who approved this proposal. She requested that the board consider this, in addition to all of the other issues of the litter, noise, elderly, and the young. She stated that standing here today that if this project passes she predicts that there will be more fatalities and injuries in the neighborhood. Martha Ariano, 2708 30th Street, stated that she is the third house down from the building and stated that she disapproves of the nightclub because she has kids. She would suggest that there be something different inside the building instead of nightclubs, something that the residents go in and shop and not too much of the same thing. She stated that she disapproves of the nightclub. Carisa Crizo, 2931 Cedar Street, submitted a letter for the record. Stated that she wants to show the applicant's abuse of the special events permit on more than one occasion in the past five weeks shows a pattern that he will abuse the conditional use permit. The applicant has already demonstrated disrespect for the neighborhood by pushing the boundaries of a special events permit to the limits. I believe that a special events permit should not give a person permission to play music at an obscene level, nor should they hide behind a special events permit for the irresponsible behavior of creating a noise disturbance. I believe that it is unnecessary to play music so loud that I can hear it clearly in my living room. Mostly I'm referring especially to this last Sunday with that incident. I wonder what keeps the applicant from abusing the conditional use permit, or at least push the boundaries of the permit in areas that might be vague within it. I've heard advertisements on the radio that they're looking for banquet facilities, there's patio area, live entertainment, possible concerts for large number of people. These are the areas that I have concerns that permit might be abused or where it can be pushed, or where they can take it and it will lead them on to apply for other permits. Additionally, her concerns for the sports bar, nightclub include that the permit might be used as a reason to have events outside the 4,500 square feet area that he is talking about. Could this include down in the patio area or having something outside? My concerns are the safety and security of the neighborhood. People drinking in the parking lot if there are special events, or if they're in the nightclub before they go in they sit and have a couple of drinks, or within the neighborhood if it's a large event where they're parking in the neighborhood which has happened already, and late night events. To conclude, it is not just the conditional use permit, but how and when it will be used, abused and enforced, and I am asking you to protect our right to a peaceful neighborhood by denying the conditional use permit. Minutes, BZA December 10, 2002 Page 5 Alica Delorey, 3021 Jacaranda Drive, asked the board not to approve the sports bar because of the safety issue. To get to her home on she has to go on M Street, because if she goes east on Rosedale Highway and she tries to make a left mm she takes her life into her hands every day, praying that no one will hit her as she makes a left mm. She goes all the way around to get off on Golden State and then turning right in front at Smart ;N Final into her home. She has to be very careful at the comer of Golden State and F Street because there is a group across the street called Hannah's Sober Living, and there are always women or children walking. Therefore, she has to be very, very careful there so she doesn't hit anybody. She also indicated that she doesn't think that Hannah's Sober Living is compatible with a bar. Further, she indicated that it would be a hazard to add a drunk driver to that situation, and she hopes that she will be able to drive through there in safety and that the rest of her family can do so also. She requested that they not approve this due to the safety issue. Bob Rancey, 2517 Alder, stated that noise does travel at night time, and whenever there's a large function going on at Stramler Park at ten, or eleven o'clock at night, you can hear the annunciations of the words to the songs they are singing. When the First Night is going on downtown, even after ten or eleven o'clock, that can be heard in the Westchester area. He has actually called the Police Department to see if they could do something about it. He noticed that this last year it stopped at midnight. But even inside their home with their windows opened so they can get some fresh air coming in, you can hear the announcer. The noises from these two areas come into the Westchester area, and we're now talking about a piece of property that is three blocks from his house. The Westchester is one of the oldest neighborhoods in Bakersfield, and they really don't deserve to have the sports bar with live entertainment, or even concerts which they know will be held on the outside of the building. Ben Seps, 2436 Alder Street, has lived in the neighborhood for 47 years. He indicated that he is very familiar with the changes that have come about in the whole area in that time. 30th Street use to be one of the nicest middle class neighborhoods in Bakersfield. The adult clubs and other undesirable uses allowed in the city has been a negative impact in the area. He use to own the Rancho Bakersfield (for 10 years) and is familiar with the bar business. He indicated that it is a tough business and if you're a person who tries to keep out the bad element, you better be willing to work 24 hours a day because you're going to have to. He also was on the planning commission for four years, and he is appalled that the city would even recommend that the bar be allowed. We have the Deja Vu, we have the Wildcat, and similar businesses east of the freeway. You try to put these uses out on the other side of the highway and see what happens. They'll run you out of town. If you're ever going to build east Bakersfield, you're going to have to start paying attention to it. I am appalled that City staff would even recommend this to be allowed at Montgomery Ward. After I got rid of the Rancho it was turned into a haven for drug addicts, and when that didn't work out, it became a haven for the homeless. Then it was a haven for the sober living. Across the street is a little bit better, but I'm telling you this is not anything that is really conducive to a growing neighborhood. In Westchester you have the elderly, and you have the young families with children, and none of them deserve to have this bar. I would like to see this cleaned up. Look at Baker Street and all that. It's been that way for 40 years. And it just keeps going down and down and down. And we're going to see the same route if we don't change our attitude. Julie Hideson, 3012 Spruce Street, just recently purchased her house in August. If she had known that there was going to be an in-door swap meet right in her backyard she never would have bought the house. It's impossible to spend a quiet weekend at home. It's completely impossible because the music is so loud that it shakes the windows in her house. There is no division between the parking lot and the alley behind her house other than a six foot chain link fence. She can tell you that there are already people drinking in the parking lot. On a Monday morning, you see all the trash and all the Bud light bottles all over in the parking lot. If the bar goes in, it's Minutes, BZA December 10, 2002 Page 6 only going to get worse. If the bar goes in there's going to be hit and run collisions. The majority of the residents of Westchester park their vehicles on the street due to the fact that there aren't any driveways. With the increase in drunk driving if the nightclub goes in, they are going to have to worry about their cars being on the street; not only being vandalized, but with hit and run collisions at all hours of the day because it's going to be open all hours of the day. It's not going to be only a night time problem. And it's not only a hard alcohol problem or a beer problem. The fact that there's going to be any alcohol there at all is the problem. Paula Maxwell, 2420 Pine, thinks they all agree that this is not a good decision to even consider. She is appalled at what has occurred in the building. Currently, downtown has no grocery store so everyone has to go to Smart ;N Final. Therefore, everyone has to go through there and around in that area just to go shopping for anything. She feels like the board is here to represent the residents and it is quite obvious that none of us want it, and they are a voice and they are bound together on this decision, and thinks the board needs to really take into consideration that you would not want this in your neighborhood. She agrees with the others who have spoken, that if it was in any other neighborhood, Hagen Oaks, etc., it wouldn't have even been considered. She stated that she doesn't think that it should have even been considered to be in their backyard either. Bill Taylor, owns Westchester Liquor, stated that this building will contain three restaurants (two Mexican and a Chinese restaurant), and then there's going to be the sports bar. Restaurants usually have a beer and wine license at least, or a complete license. Today the license for a sports bar is being addressed. Is this going to be opened, and then three other liquor licenses to be allowed? There supposedly is a liquor license that was posted and granted; in the downstairs that's supposed to be the Tequila House and I'm not opposing things because I'm in business. I live in Westchester. He stated he is opposed to the downstairs banquet room. You know alcohol is going to be served. If it is not served there, then where are they going to buy it to take it into the room? He stated that he does not think that this has been addressed and no time has been spent on it. He thinks that you have to look at what you really have there. I sent a paper that stated how many places that serve or sell beer, wine, or hard liquor within a mile radius of 18th Street and Chester Avenue. He figures that if there are going to be five liquor licenses of some type in the subject building, this needs to be looked into to see what really is going into Montgomery Wards. I think we're looking at a situation where, is the building adequate to handle a thousand or so people upstairs if you have a fire? He indicated that he already knows that there are problems with the building. He thinks that this thing has been railroaded through and unless they stop it right now there's going to be problems. Mr. Deloy lives on Jacaranda Drive and stated that he agrees with everything said so far. He stated that he is in the minority, that he does like the Smart ;N Final, but this current project is not right. This building was put up and people complained and they were told this kind of thing would not go in there. The audience came to protect their property and their rights. If the sports bar permit does not fit, you must quit. Nancy Bryant, 3042 Spruce, is concerned for her safety and she has already altered her walking course at night even without the bar. When they complained about the music they were told that nobody else had complained. Someone lied to them on the telephone at the police department. When she went over there to check out the situation, she found approximately 1500 people already drinking alcohol. You could hear the bottles breaking, the cars squealing around the comer, and she's with her dog. Now she is finding out that there are ways to access their alley way through that area. Last night she heard two cars squealing around the comer. Someone is going to get hit if they don't just flat out take out the huge transformer that is in the back of her house. I do not want a bar there. I think it's ludicrous. This is a neighborhood, and the clientele that's going there is different from the old Montgomery Wards. Montgomery Wards didn't have Minutes, BZA December 10, 2002 Page 7 noise and they didn't serve alcohol. This place is going to be serving alcohol. She can't even imagine a family man going over there on a Saturday or Sunday and popping a few back and then driving his children home through my neighborhood after he's had a drink. I think that's not right and immoral and I am definitely against it. I'd like to have you have this in your backyard when you can walk your dog over a block away and hear the noise. Lori Hettinger, 2506 Spruce, voiced her opposition stating that it is not necessary. If a person wants to drink they can go to the Bowling Alley or 19th Street. She inquired about the in-fill project in the Notice of Public Hearing sent. Mr. Sweeney was kind enough to show it to me, and give me a piece of paper which stated that it is an in-fill development project. There are five points, and in her feeling, two of them don't fit. She does not believe that one can say that the proposed development occurs within a developed urban area and approval of the project would not result in any significant effects relating to traffic, noise, air quality or water quality. There's really no way that that could be true because there's never been a business that's been open till two in the morning before. Of course there would be an influx of a) traffic; and b) noise, as well as air quality from all the smog. The trash has been unbelievable. There were piles which she took a picture of on Monday morning. They had rented five Varner Brother trash containers to be hauled away, and they were shoveling things into it. She still took a picture, and it's inconceivable that they would want something in this neighborhood. The other part of the form says the proposed use is in the city limits, the project site is no more than five acres surrounded by urban uses. Well yes, there are four sides to the property and DMV is across the street. The law offices, even for those hard working men they'll leave by 10 o'clock. There is a sober home across the street. There is the other part that would be the buses, but towards the other two large sides, those are all homes. She has children and no they're not going to be out at two o'clock in the morning when people are leaving, but I'm just voicing my disapproval. Bonnie Grisso, 2612 Beech, has lived there for 26 years and raised her children at this address. Her children have married and moved back to the area. She and her children are very upset. She was not opposed to the stores, but she is very opposed to a nightclub. She does not want her grandchildren, or herself, to have this imposition put upon her. Her street is like Elm; people go through there like a freeway. She was on a committee to have stop signs put up and that has helped some, but not a lot because now the people speed away from the stop signs. She knows several people who have had their cars hit or run up on their yards; mostly by drunk drivers about one o'clock in the morning. The stop sign has been knocked down at least 20 times. She pleaded and begged the board to vote against this proposal. Erin Clerico, lives with his wife Kathleen and two children at 2601 Drake Street. He stated that with all due respect, there is no comparison to the Valley Plaza and the Red Robin in terms of comparing this in-door swap meet to this nightclub. Red Robin is not a nightclub; it's a restaurant. Their streets are already maxed out. There is too much traffic through their neighborhood already. These are streets that are generally occupied by children, pets, strolling residents, elderly and bike riders. People go to bars to drink and there is no doubt in his mind that this businessman will probably be successful in drawing huge crowds and selling huge volumes of alcohol. When people are done with their drinking for the night, they will most likely, out of common sense, and being experienced drunk drivers, want to exit the building into a neighborhood and not into a busy street such as F Street. They'll filter through our neighborhood so that they can enter onto a main thoroughfare to avoid the police. So their neighborhood is going to have drunk drivers, and there's going to be an increase in traffic. He's not going to be able to go out for a walk at nine o'clock at night and have the streets to himself; which is the way it should be. The business owner's right to make a profit does not outweigh the residents' rights to a peaceful and quiet enjoyment of their homes. This is an inappropriate location for this establishment. There are other locations that would accommodate his business venture and not create the traffic problems, and not create the problems with drunk drivers Minutes, BZA December 10, 2002 Page 8 driving through neighborhoods, and the problem with the noise that he's going to encounter here. If he picked the wrong location for his indoor swap meet, the neighborhood should not be made to pay the price by him also hosting his nightclub and sports bar. He stated that he would like the board to mm down the application for this permit. Carlene Tomlinson, has lived in the neighborhood for many of her 80 years. She has worked with drug addicts, alcoholics, up and out and down and out. She has taken them into her home until they got their head on straight, and got going in the right direction. She brought them into a fellowship and prayed for them until when they were supposed to be dying on drugs; they got off, and became decent citizens. They have lived in Westchester over 40 years. She hopes that you'll hear the voice of all these people who have lived there and given their lives for this city, and voted every time there was a vote. She and her husband got out of their sick beds today to come down here voice their objection. Chris Farewell, lives with his family at 2520 Spruce Street. He stated that if this meeting was held after working hours, there would be a bigger turnout. Everyone in the neighborhood is talking about this. When they moved to the neighborhood five years ago there was no doubt where they wanted to move; the only neighborhood in town that was relatively affordable, well grown, wonderful mix of people and between the current proposal for the destruction of homes along 24th Street and this, it is the betrayal and destruction of a terrific neighborhood. It's a poor decision in terms of public safety, the vitality of the larger downtown area, and he hopes that they will take this response into consideration. Jay Gauthier, 2601 Beech Street is a businessman and in the area. He applauds the people who came today. The people have voiced their disapproval and now it's time to vote. There was no further opposition to the proposal. The Chair asked for comments from those in favor of staff's recommendation. Grace Day, 645 Twin Leaf Drive, stated that she works at the location, and shewants to do a restaurant above, and heard the racist remarks. She stated that she does not consider herself low class. She said that she does not listen to loud music. She has two children, and is a single mother. She said that she is able to afford to open up a restaurant there to see if she would even like to branch out to a larger one without investing thousands and thousands of dollars. KC Steakhouse is not even a mile away and they serve liquor. There's 10 parking areas on the front area off Street that KC Steakhouse can park out, but primarily you park in the back along Encina Street, a residential area. She questioned what the difference is. She stated that she would like the board to consider the proposal because she would like to be involved with it. Henry Castaneda, 8609 Willow Spring Court, the applicant, stated he was born and raised in Bakersfield. He has 9 ½ years in military, police as a deputy sheriff, and after that he went to work for Getty Oil, Texaco Chevron where he retired at the age of 49 with the dream to open a sports bar in Bakersfield. He is a collector of sports memorabilia, and all of his collections are autographed. When he was approached to open the sports bar, he was advised to get the permits now rather than later on. He is buying furniture to go in there. It will be all leather furniture. It's a wrap-around where people can go and watch their games. As for the incidents, he thought they were here to discuss Henry's Sports Bar --- Enrique's Sports Cantina. What he has heard has nothing to do with him. He has nothing to do with outside the building. The concerts that were put outside, he has nothing to do with it. As the City planners looked and they verified his project is upstairs and in the back. He has two foot thick walls of cement and brick. There are no windows to the outside. There will not be any noise coming out. He further stated that how he gets his Minutes, BZA December 10, 2002 Page 9 money is nobody's concern. He said whether he plays just Spanish music is nobody's concern. The only concern is to his clientele, and they have the choice, because he does have a collector jukebox that will be going in there. Nothing was addressed the past few years when the back of this building; the sides of the buildings was used as a homeless hangout. The back of the alley between the houses contained condoms, drug paraphernalia, and there were cars parked and people living in their vehicles. That is not there now. That has not been addressed at all. The swap meet comments are very upsetting to him, because 1.5 million dollars has been invested in the stores down below. The area is not going to go down. He read some statements. He said that the project is not a swap meet. He stated this is a sports lounge that he is putting in, and he's not going to have 1,500 people there. There is a limit as to how many people are allowed by city code. He is putting in new restrooms. He was involved with community involvement when he was at Texaco and in July or September before he actually signed the lease, he went out to those same streets and he went to some of the doors; went to door-to-door in some of the areas and telling people who he was, and his dream of a sports bar. The Westchester area is probably one of the safest spots of all of Bakersfield because almost every intersection has a dip that's going to damage the low-riders, and there are stop signs at almost every intersection. He suggested that if there is a problem with people running the stop signs, that perhaps the trees that are blocking the stop signs could be trimmed. They could also look at moving some of the trailers and motorhomes that are parked within 50 feet of intersections. He stated that he can't tell people where they can and can't drive. He said his statements speak for themselves. He states that he has an open-door policy. He said that he is going to be the owner-operator. He stated his market is adults over 30 who like sports. He said that women are the quickest growing sports market. He said there is not going to be any noise. He said that they will have the say so when they can so ;~No" that's enough. He said he owes it to his clientele for their safety and he takes that with great pride. They have looked at everything and including Hannah's Home which is separated by a freeway, a divider, then another road, then a huge parking lot. He said that he is a local grown person trying to make a living and the job he is looking for is going to be family run and his son and daughter will be working there. He is not going to do anything to jeopardize their career or their reputation. He asked that the board look at his project and nothing else that has nothing to do with him. His only entrance is from F Street; they put up a $40,000 wrought-iron fence for security. There is lighting. There are tables for people's safety. He pleads with the people in here to see their so-called neighbor as not Latino but Americans. Over 70% of the customers are Caucasian. Philip Walker, 1818 G Street, stated he sympathizes with both sides and everyone should take a deep breath and not point fingers. He said the way he sees this project is like a shoe box in the belly of a whale; it is one little small place inside of a huge building surrounded by bricks. He said that he doesn't know Mr. Castaneda personally; just talked with him a few times. He said that he thinks a lot of people are misinformed about the project. The whole intent of this sports bar is just a lounge; it's going to be upstairs on the second floor. He doesn't know of too many people who would drive down to 3201 F Street, get out in the parking lot, walk through about 150 stores to go up an escalator or elevator to drink; maybe they are. He also feels the side of the people that live in the area there. The noise that they are referring to at this point, the litter and debris is because the building owners are renovating. Equally, with his experience, as far as the City government is concerned, is good about cleaning up bad acts. It's good about not allowing them into the community. If this is a bad act it's going to be cleaned up. He thinks the project should be supported, and the neighbors should be supported to resolve any noise and traffic issues. The City has personnel that can help the owner of this establishment and the community get together and draw up a plan that will work for both sides. Madellia Salda, 21087 Old Farm Road, is in favor of the project because she likes sports. She said there are no places to go to watch the game and have a drink. She said that she is the mother of four children, and by the time of 8:30 her children are in bed. She said there's a grill restaurant Minutes, BZA December 10, 2002 Page 10 that serves alcoholic beverages that are closer to the houses than this project. She does not see drinking and driving through the neighborhood being a problem. It is more than 200 feet away from the houses; she does not think it's going to effect them. She said there will not be any noise from the sports bar. She said that she has a jewelry store at the project and the people in there are nice people. She said the sports bar will have the big screen t.v. and it will also help people to get more jobs. Adam Yashafir, represents the management company of the project. He said he is shocked by the accusations made by the residents in the area. He said before the project began the area had become a haven for prostitution where everyday you had to broom the condoms and empty bottles and napkins from the parking lot. He doesn't understand why none of the residents were concerned about the welfare of their children, the safety of children being exposed to prostitution being performed in an open area in the parking area before they took over the building. Everybody talks about the street congestion, but this Wards location was one that was not taken over by another chain retailer due to lack of traffic and lack of congestion of the population around it. The property was marketed nation wide for over eight months before it was presented to the current management team. The project from inception was coordinated with the City of Bakersfield. Before the purchase there were a number of meetings with the City of Bakersfield to make sure that they would be doing what the community needs in that it was good for the area and neighborhood, and could cater to the needs of the community. This is a mom and pop type business. He said that he does not understand the alleged similarity of this project being a Gentleman's Club or strip joint. The project is a sports lounge where there is going to be sports memorabilia, and provide a clean, safe environment. He made reference to the driver that killed the elderly lady discussed by the opponents. The building is a completely reinforced concrete building. Concrete by nature and design is the best material for isolation and insulation of noise. Every movie theatre is built with a concrete barricade to keep the noise within the premises. The proposed sports bar has no windows and is surrounded by concrete walls, so the possibility of noise coming out of the place is slim to none. They are not proposing to put a dance floor in; it is not a nightclub. This is a sports lounge where you got watch sports and have fun. The patio in the past was filled with trash, empty alcohol bottles, and condoms on the floor, and served as a homeless shelter. Through great expenditures by the management, there is a waterfall, landscaping and elaborate security fence to control the crowd and to create an outdoor environment for the community. It is sad that the residents don't acknowledge these things. He said that other counties and states are coming to look at this project to use as a model. The size of the project cannot impact the area. No further comments were received in favor of staff's recommendation. The public comment portion of the hearing was closed and the item was returned to the Board for discussion and action. Inquired about the report, Mr. Eggert stated that all projects are subject to an evaluation with respect to CEQA. All projects have a determination that's made as to the type and extent of its environmental impacts. In this particular instance, Staff had determined it was exempt because it satisfied the five criteria specified in CEQA. He noted it is an existing urban area where all the services are available; that the proposal is within the City limits; it is consistent with the general plan designation which is commercial, and the zoning which is also commercial. Regarding significant effects to air quality, traffic, noise and water quality, all of these effects were reviewed with input from other City departments such as the Traffic Department, and none of those items were deemed to be significantly effected by the project as proposed. That's why it was determined to be exempt. Chairman Lyman noted that a five minute break be taken. Minutes, BZA December 10, 2002 Page 11 The Board returned and Mr. Leonard commented that he agreed with Mr. Yashafir in that Montgomery Ward had been empty and it has been quite a code enforcement issue for the City. The issue today is the sports bar and whether or not to allow the sports bar in the ;;belly of the whale". If it were a restaurant that served drinks they wouldn't be here today, and there wouldn't be a decision to make because it's zoned for retail and restaurant uses, and those uses are allowed. The fact that it's a sports bar and the fact that it has live music and dancing it does require it to have a conditional use permit. He asked staff to confirm this. Mr. Eggert stated this was correct. If it was a restaurant where alcohol sales were incidental to the serving of food, then that would be permitted by right, and would not require a conditional use permit. Mr. Leonard continued that he was concerned about the structure regarding building codes. The preliminary floor plan of the proposal was looked at, and there were several deficiencies. He asked the applicant will there be a dance floor if there is dancing and live music? Mr. Castaneda stated as it is right now, it's going to be a sports lounge and no dancing. Mr. Eggert stated that the plans that have been submitted in the application, Mr. Castaneda did indicate that there would be dancing and live entertainment on Friday and Saturday nights. Also, as far as the plan is concerned, there is an area shown as a dance area and there is a bar area. There is no area that indicates where the live music would be performed. He stated that the Board needs to know if the application is being amended to not include those items so that they are talking about just a sports bar. Mr. Castaneda responded that they would look at that. When he applied for the permit he was advised to get the permits now so he doesn't have to worry about them later on. Mr. Leonard noted that the plan check group analyzed the 4500 sq. ft. sports bar based on what was submitted to them, and in doing so has required this occupancy to be an A2.1, which means that the entire building would require to be one hour construction. Because it would be moving from a retailer (A3) to an A2.1. There's a condition that states they need to meet all applicable codes, and it will be extremely expensive to convert the building from a non-rated building to a one hour constructed building. This is based on square footage and occupancy, and whether there's a dance floor. The conversion could costs hundreds of thousands of dollars. Secondly, staff pointed out that the number of exits is not adequate based on the new loads from the sports facility. There are three in the drawings but four are required. They need to know where the exits are going to empty out adjacent to the neighbors. Thirdly, staff has pointed out that the restroom facilities are not adequate. The food court is supposed to have facilities, but additional restrooms will be required for the sports cantina which takes more square footage. Mr. Leonard inquired if the intended hours of operations are from 10 a.m. to 1:3 0 a.m. in the morning would be every day or just the weekends. Mr. Castaneda stated it would be every night except one day a week it would be closed. Mr. Leonard inquired if there would be live entertainment on Friday and Saturday nights to which Mr. Castaneda responded that would probably happen eventually. Minutes, BZA December 10, 2002 Page 12 Mr. Leonard inquired how Mr. Castaneda intended to deal with the potential for disturbances to which Mr. Castaneda responded that he would hire security and they will have a dress code. There will be security outside around the pond area. Mr. Leonard inquired how they are going to address the loitering outside by having security. Mr. Castaneda replied that the number of security officers will be determined by how many occupants are allowed inside the facility, but they know they will have to have at least two outside. Mr. Yashafir, the property manager stated that with respect to security, it is within the agreement that the tenant has to provide security for the premises and the parking area during their hours of operation. The management has two to six security guards at all times. The lease agreement provides that there has to be adequate security by the tenant as determined by the management company. The management company is going to be a watchdog over the security for their protection and for the residents in the area. Mr. Leonard inquired if there will be any further buffer for the residents to which Mr. Yashafir stated that the project as proposed does not provide any additional buffering. The perimeter walls of the building are reinforced concrete, which is the best buffer against noise. Regarding an over concentration of liquor licenses in this area, Mr. Leonard asked staff ';in order for the applicant to be approved with a liquor license they need to obtain a determination of public convenience from the City Manager." If this is approved what does the applicant need to do next to get a license? Mr. Eggert responded that the applicant will have to make their formal application to ABC for their license. As part of that approval for certain types of liquor licenses where ABC has, as in this case, determined that the area has an over concentration, it allows the local jurisdiction to determine if a public necessity license is appropriate and that responsibility is through the City Manager's office who would conduct their own independent review. That process may or may not require a hearing, but in this case a hearing before the City Manager is being contemplated. Mr. Leonard noted that there are at least 125 letters in opposition, 150 signatures in opposition on a petition, and a room full of people in opposition. The plan seems somewhat incomplete. There are some potential deficiencies and he would want a complete plan by the time it would get back to him before a decision is made. The parking lot is not an adequate buffer. He wanted to see a block wall added to the perimeter of the property adjacent to the homes. The over concentration of liquor licenses in a quiet neighborhood cannot be supported at this time. Mr. Rojas commented that he has concerns regarding the project and that a lot of the complaints are not so much with the sports bar, but more with the existing occupancy. He agrees that a buffer needs to be put in around the perimeter of the property. He is not so sure that he sees a need for a sports bar in an area so close to a residential area. Due to the square footage the sports bar alone will not generate very much traffic and generally, it is after hours and he does not see that as an issue. He supported staff's job to make sure that the applicant has property rights and has the ability to come in say they want to do something. He felt that the public's comments towards staff were inappropriate. Mr. Rojas concluded that the project is very close to a residential area. The whole commercial spot is poorly designed, but that cannot be changed. He could not support a sports bar even though it is only a small component of the entire thing. Mr. Lyman inquired further to staff about the liquor license process. Mr. Eggert replied that the number of liquor licenses is based on a census tract; one license for every 2,000 people. The census tract containing this site encompasses most of the downtown area, and the number of Minutes, BZA December 10, 2002 Page 13 establishments versus population is on the high side because there is not a lot of population in that census tract. Most of the Westchester neighborhood is in an adjacent census tract. Mr. Lyman inquired of Mr. Castaneda about similar types of businesses and if he knew if there were similar businesses near residential areas, to which Mr. Castaneda responded in the negative. Mr. Lyman inquired if the project is a "nightclub" to which staff responded that based on the information submitted, where there is live entertainment and dancing, in staff's opinion it makes it a nightclub. Mr. Lyman agreed with Mr. Rojas that traffic is not an issue. He further commented from the information available, this project will not create any additional noise on the outside, except for people coming out. Staff concurred with this understanding. He did not think this project will impact the issue of noise. Mr. Lyman inquired if a 24-hour Wal-Mart type business would need a conditional use permit, to which staff responded in the negative. Mr. Lyman stated based on staff's earlier comments if food sales (restaurant) were more than 50% of the sales, this would not be a bar and they would not be having this meeting. Mr. Lyman inquired that if the food court was all common ownership, and the food court was greater than 50% of the total operation, Mr. Castaneda would not need a conditional use permit, to which Staff concurred. Mr. Lyman stated that the issues of noise, trash, and breaking bottles are not part of this application, and has nothing to do with Mr. Castaneda opening his nightclub, to which Staff concurred. Mr. Lyman stated that he is concerned about what happens when people leave. He thinks putting a use in this building is tremendous and he is impressed with the inside of the project that has occurred. Mr. Yashafir stated one of their main goals is to be a project for the people, by the people, and not the corporate users, but the mom and pop operations. Mr. Lyman stated if it wasn't for his concerns about the exiting and what would happen with the customers when they leave and how close it would be to the residents, he would support the project because in-fill projects like this are needed. Mr. Leonard stated that there is a market for this type of establishment in our community but that the location is poor. Motion was made by Member Leonard to adopt the resolution with all findings, denying Conditional Use Permit No. 02-1071 as depicted in the project description. Motion carried by the following roll call vote: AYE S: None NOES: Leonard, Lyman, Rojas Minutes, BZA December 10, 2002 Page 14 4.A.3. PUBLIC HEARING - FILE NO. 02-1076 - CASTLE & COOKE HAS REQUESTED A CONDITIONAL USE PERMIT TO MODIFY A PREVIOUSLY APPROVED PRIVATE RECREATIONAL FACILITY IN AN R-1 (ONE-FAMILY DWELLING ZONE) ZONE DISTRICT AND A PARKING MODIFICATION FROM 50 PARKING SPACES TO 11 SPACES LOCATED AT 2209 SNOWDROP DRIVE. Public portion of the hearing was opened. Staff Report was given. There was no one wishing to speak in favor or opposition. Public portion of the hearing was closed. Mr. Rojas inquired if this area is within a gated community to which staff responded in the affirmative. Mr. Lyman inquired about whom the attendance police would be to which staff responded that the applicant limited the number of occupants, and they wanted any future homeowner's associations to go through some type of staff look to make sure that everything is still sufficient. Staff stated that 50 people are a very, very low number for the building. Based on building permit occupancy there is sufficient room for occupancy of 200. Mr. Lyman stated that this project is extremely under parked. Staff commented that there is an example already built and is predominately being used by the residents. It is a gated community. The residents in the existing facility walk to that facility and it is not open to the general public. Mr. Lyman felt that allowing for 200 people on the assumption that most are going to walk is not going to happen. However, there is no one present in opposition to it. Staff stated that the people they talked to about the first phase project indicated that quite a few people walk. Mr. Porr, City Attorney, suggested a slight wording change to the condition to remove the last sentence for clarification. Staff agreed to remove the last sentence. Motion was made by Member Rojas to adopt the resolution with all findings and conditions, approving Conditional Use Permit No. 02-1076 as depicted in the project description. AYES: Leonard, Lyman, Rojas NOES: None Minutes, BZA December 10, 2002 Page 15 4.B.1. PUBLIC HEARING - FILE NO. 02-1103 - THOMAS JANNINO HAS REQUESTED A MODIFICATION TO ALLOW A REDUCTION IN THE REQUIRED STREET SIDE YARD SETBACK FROM 10 FEET TO 6 FEET FOR AN ADDITION TO AN EXISTING o o o HOME IN AN R-1 (ONE- FAMILY DWELLING) ZONE LOCATED AT 2121 CEDAR STREET. Public portion of the hearing was opened. Staff Report was given. Thomas Jannino, architect for the project stated that he lives in the neighborhood, and they've been working with these clients for years and they will continue to do a nice job. The addition will not impact the neighborhood and will blend with the existing character. Public portion of the hearing is closed. Motion was made by Member Leonard to adopt the resolution with all findings and conditions, approving Modification No. 02-1103 as depicted in the project description. AYES: Leonard, Lyman, Rojas NOES: None COMMUNICATIONS None BOARD COMMENTS Mr. Lyman commented that he wanted the record to reflect that he was personally offended by many of the comments made during the hearing, for Mr. Castaneda's sports bar, that were ethnically and racially discrimmating. He felt that this was not representative of the community at large and was disappointed in those that made the statements. Both Mr. Leonard and Mr. Rojas agreed with My Lyman that for the record, the statements made were inappropriate. ADJOURNMENT There being no further business to come before the Board, meeting was adjourned at 6:06 p.m. Patricia Stowe Acting Recording Secretary STANLEY GRADY, Secretary Planning Director S: ~ZA SPR kklinutes lbzamns l 2.10.DOC