HomeMy WebLinkAboutCUP 24-0426 Staff Report
PJ: LR|https://bakersfield.escribemeetings.com/Reports/Conditional Use Permit No. 24-0426.docx
CITY OF BAKERSFIELD
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: November 7, 2024 AGENDA CATEGORY: 6.a.
TO: Chair and Members of the Planning Commission
FROM: Paul Johnson, Planning Director
DATE: November 1, 2024
FILE: Conditional Use Permit 24-0426; The Clover Entertainment Group, representing Rhonda
Van Tassell Trust, is requesting a conditional use permit to allow a banquet venue (B.M.C.
17.24.040.A.6.) in the C-2 (Regional Commercia) zone located at 2612 F Street. (Ward 3)
STAFF PLANNER: Louis Ramirez, Associate Planner
REQUEST: A conditional use permit to allow a Banquet Venue in an existing office building.
APPLICANT: The Clover Entertainment Group OWNER: Van Tassell Rhonda J Trust
Daniel Serrato 1120 Fairway Drive
2612 F Street Bakersfield CA, 93309
Bakersfield CA, 93301
LOCATION: 2612 F Street APN: 001-271-07
Bakersfield CA, 93301
PROJECT SIZE: 0.26 acres CEQA: Section 15332 (In-fill)
EXISTING GENERAL PLAN DESIGNATION: OC (Office Commercial)
EXISTING ZONE CLASSIFICATION: C-2 (Regional Commercial)
STAFF RECOMMENDATION: Adopt Resolution and suggested findings APPROVING Conditional Use
Permit No. 24-0426 as depicted in the project description and subject to the listed conditions of approval.
SITE CHARACTERISTICS: The project site is developed with an existing commercial building. Surrounding
properties are developed as commercial buildings to the north, east, south and west.
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CUP No. 24-0426
BACKGROUND AND TIMELINE:
• October 30, 2023 – The City of Bakersfield Code Enforcement Division received an online
complaint stating a banquet venue was operating without the proper permits. Trash and illegal
construction of a patio was also included in the complaint. Code Enforcement documented the
complaint as an unsafe structure. The case was closed upon the removal of the illegally
constructed patio. (Case 23-00010486, Closed November 14, 2023).
• March 8, 2024 – The City of Bakersfield Code Enforcement Division received a complaint
requesting an update on Case 23-00010486 as the venue continues to operate and trash is spilling
into the parking lot. The case was closed upon the submittal of an application for a Conditional
Use Permit, which is being heard today. (Case 24-00002304, Closed July 1, 2024).
PROJECT ANALYSIS:
Project Area. The project site encompasses approximately 0.26 acres and is located near the northeast
corner of 26th Street and F Street. It consists of a one-story, 10,000-square-foot office building that has
recently been repurposed as a banquet venue. The property is bordered by a vacant commercial building
to the south and a medical office to the north. The nearest similar event center is “The Westchester Event
Center” approximately 550 feet to the north at the corner of 28th Street and F Street.
Proposed Operations. As outlined in the applicant’s operations statement, The Clover Entertainment
Group provides event hosting services for gatherings of up to 200 guests. Events will be held on Saturdays
and Sundays between 4:00 p.m. and 12:00 a.m., with office hours from 9:00 a.m. to 6:00 p.m. Monday
through Friday.
Included within the event packages are the following services (not all inclusive): security, bartending,
serving, and event coordination. Additionally, equipment setup and post-event cleaning are provided as
part of each package. Conditions have been applied to ensure that every event has a minimum of one
security personnel from a licensed security service and additional security will be required based on crowd
size.
Parking. The project site falls within the “central district” as defined by Bakersfield Municipal Code
(B.M.C.) 10.08.020 A. According to B.M.C. 17.15.120 C, any change of use in an existing building located
within the central district does not necessitate additional off-street parking, provided there is no
expansion of the building's square footage. As the building’s square footage remains unchanged, no
additional parking will be required for this project. However, it is relevant to note that nine (9) spaces
exist for the building’s use.
Zoning and Permitting. The property is zoned C-2, allowing banquet venues with approval of a Conditional
Use Permit (CUP). During the CUP application, the Site Plan Review (SPR) Committee reviewed the site
and floor plans for the proposed project to ensure compliance with City development standards. SPR
Committee feedback has been incorporated as conditions of approval if the project is approved.
Conditional Use Permit. A Conditional Use Permit allows the Planning Commission to evaluate special
land uses that may benefit the community but are not permitted by right. If approved, the applicant's
rights are subject to the operating conditions set by the Commission, which retains the authority to revoke
the permit for valid reasons, including non-compliance. The Commission may also modify or add
conditions to ensure the project aligns with City ordinances. Recommended conditions are outlined in
Exhibit A of the resolution.
CUP No. 24-0426
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 15332
(Class 32: Infill). This exemption includes projects that are:
• Consistent with the applicable general plan designation and all applicable general plan policies as
well as with applicable zoning designation and regulations;
• Within city limits on a project site of no more than five acres substantially surrounded by urban
uses;
• Have no value as habitat for endangered, rare or threatened species;
• Would not result in any significant effects relating to traffic, noise, air quality, or water quality;
• 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.
CONCLUSIONS:
Findings. Bakersfield Municipal Code (B.M.C.) Section 17.64.060.D contains specific findings that must be
made for your Commission to approve the requested conditional use permit. Specifically, the section
states that a CUP 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 key elements and objectives of the general plan and
applicable specific plans.
B.M.C. Section 17.64.060.E goes on to state that a conditional use permit may be subject to 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.
CUP No. 24-0426
In accordance with these required findings, and as conditioned, Staff finds: (1) the proposed project would
provide a public convenience by offering another option for a banquet venue downtown; (2) the project
will positively enhance the site and allow for a positive contribution by utilizing and improving an existing
building within the Central District of Bakersfield ; 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.
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 No. 24-0426
with the recommended conditions of approval.
ATTACHMENTS:
Map Set
• Aerial
• Zone Classification
• General Plan Designation
Development Plans
Operational Statement
Resolution with Exhibits
MAP SET
Conditional Use Permit
24-0426
AERIAL
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0 500 1,000
MAP PACKAGE
Conditional Use Permit
24-0426
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Zoning
Commercial Zone
Designations
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Other/Public Zone
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BAKERSFIELD
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Conditional Use Permit
24-0426
CITY OF BAKERSFIELD
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PRO..ECT !SUMMARY
PROJEGT DESGRIPTION
THE PROPOSED PROJEGT INVOLVES THE GHAN6E OF USE FROM
EXISTIN6 OGGUPANGY B(OFFIGEJ TO A-2/BANQUET HALL)
"NO ADDITIONAL SQUARE FOOTA6E PROPOSED
APPLIGABLE GODEs.
2022 GBG / 2022 GMG / 2022 GPG / 2022 GEG / 2022 GFG
ASSESSORS PARGEL NUMBER,
ZONE,
EXISTIN6 USE,
PROPOSED USE,
BLILDIN5 ANALYSIS
GONSTRUGTION TYPE,
BLIWN6 AREA
OFAGE
BANQUET HALL
TOTAL,
OGGUPANT LOAD
OFFIGE (4,031 /150 ),
BANQUET HALL (5,qt,:l/15),
TOTAL,
PARKIN6 PROVDED
OOl-211--01
G-2
B
A-2
V-B (NON SPRINKLERED)
4,031 SF
5,qe,3 SF
10,000 SF
21 OGGIJPANTS
120 OGGIJPANTS
141 OGGUPANTS
'l STALLS
11.58J20 ANY GHAN5E OF USE OF AN EXISTIN6 BLIWN6 IN
THE "GENTRAL DISTRIGT" SHALL NOT BE SUBJEGT TO ADDITIONAL
OFF-STREET PARKIN& REGUREMENTS SET FORTH IN Tt-15
GHAPTER, PROVDED THERE 15 NO EXPANSION OF THE SQUARE
FOOT A5E OF THE BIAWN6.
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----.____EX15TIN6 ARE HYDRANT GORNER
OF F ST AND 26th ST -
APPROXIMATELY+/-361'-6"
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I. BUILDIN6S OR STRIJC,TURES SHALL REQUIRE INSTALLATION OF AN AUTOMATIG FIRE SPRINKLER
SYSTEM WHERE REQUIRED BY GURRENT GALIFORNIA BUILDIN6 GODE AND GITY ORDINANGE.
2. FIRE SPRINKLER SYSTEM AND FIRE ALARM SYSTEM INSTALL ARE A DEFERRED SUBMITTAL
:l. A SPEGIAL INSPEGTION PERMIT 15 REQUIRED TO DETERMINE WHAT GORREGTIONS ARE NEEDED TO
SATISFY MINIMUM BUILDIN6, PLUMBIN6, ELEGTRIGAL, AND/OR MEGHANIGAL GODE STANDARDS.
4. THE DEVELOPER SHALL INGLUDE FIRE RESISTIVE WALL GONSTRUGTION DETAILS WITH THE FINAL
BUILDIN6 PLANS FOR ALL EXTERIOR WALLS OF ANY BUILDIN6 THAT 15 WITHIN THE DISTANGE AS SET FORTH IN TABLE 602 OF THE GALIFORNIA BIALDIN6 GODE.
5. PRIOR TO ISSUIN6 A BUILDIN6 PERMIT, THE BIALDIN6 DIVISION WILL GALGULATE AND GOLLEGT THE
APPROPRIATE SGHOOL DISTRIGT IMPAGT FEES.
6. MINIMUM PARKIN6 ST ALL DIMENSIONS SHALL BE 'l FEET WIDE BY IE> FEET LON6 AND SHALL BE
DE516NED AGGORDIN6 TO STANDARDS ESTABLISHED BY THE TRAFFIG EN61NEER. VEHIGLES MAY
HAN6 OVER LANDSGAPE AREAS NO MORE THAN 2-1/2 FEET PROVIDED REQUIRED SETBAGKS ALON6
STREET FRONTA6ES ARE MAINTAINED, AND TREES AND SHRUBS ARE PROTEGTED FROM VEHIGLES.
1. THE DEVELOPER SHALL INGLUDE A GOPY OF A FINAL LANDSGAPE PLAN WITH EAGH SET OF THE
FINAL BUILDIN6 PLANS SUBMITTED TO THE BUILDIN6 DIVISION. BUILDIN6 PERMITS WILL NOT BE
ISSUED UNTIL THE PLANNIN6 DIVISION HAS APPROVED THE FINAL LANDSGAPE PLAN FOR
GONSISTENGY WITH APPROVED SITE PLANS AND MINIMUM ORDINANGE STANDARDS. PLEASE REPER TO
THE LANDSGAPIN6 REQUIREMENTS IN GHAPTER 11.61. LANDSGAPE PLANS SHALL INGLUDE, BUT ARE
NOT LIMITED TO, DATA ON, 6ALLON/BOX SIZE, SPAGIN6, SPEGIES (REFERENGE APPROVED PARKIN6
LOT TREE LIST), RATIO OF DEGIDUOUS VS. EVER6REEN, SHADE GALGULATIONS, 6ROUND GOVER
GALGULATIONS, ETG. AT THE TIME A FINAL SITE INSPEGTION 15 GONDUGTED, IT 15 EXPEGTED
THAT PLANTS WILL MATGH THE SPEGIES IDENTIFIED AND BE INSTALLED IN THE LOGATIONS
GONSISTENT WITH THE APPROVED LANDSGAPE PLAN. GHAN6ES MADE WITHOUT PRIOR APPROVAL OF
THE PLANNIN6 STAFF MAY RESULT IN THE REMOVAL AND/OR RELOGATION OF INSTALLED PLANT
MATERIALS AND DELAYS IN OBTAININ6 BUILDIN6 OGGUPANGY.J NO MATURE LANDSGAPIN6 SHALL
BE REMOVED WITHOUT PRIOR APPROVAL BY THE PLANNIN6 DIREGTOR.) UPON APPROVAL OF THE
FINAL LANDSGAPE PLAN, A Dl61TAL GOPY SHALL BE SUBMITTED TO THE PLANNIN6 STAFF GONTAGT
LISTED ABOVE.)
:.26TH &TREET
e. BUSINESS IDENTIFIGATION Sl6NS ARE NEITHER GONSIDERED NOR APPROVED UNDER THIS
REVIEW (E.6. WALL, MONUMENT, PYLON, ETG.). A SEPARATE 516N PERMIT REVIEWED
BY THE PLANNIN6 AND BIALDIN6 DIVISIONS AND ISSUED BY THE BUILDIN6 DIVISION,
15 REQUIRED FOR ALL NEW Sl6NS, INGLUDIN6 FUTURE USE AND GONSTRUGTION 516NS.
516NS MUST GOMPL Y WITH THE 516N ORDINANGE; GHAPTER 11.60 OF THE
BAKERSAELD MUNIGIPAL GODE. REVIEW THIS GHAPTER AS PART OF DUE DILl6ENGE.)
'l. OPEN STORA6E OF MATERIALS AND EQUIPMENT SHALL BE SURROUNDED AND SGREENED
WITH A SOLID WALL OR FENGE (SGREENIN6 ALSO APPLIES TO 6ATESJ. THIS FENGE
SHALL BE AT LEAST 6 FEET IN HEl6HT AND MATERIALS SHALL NOT BE STAGKED ABOVE
THE HEl6HT OF THE FENGE. FENGES TALLER THAN 6 FEET ARE ALLOWED IN
GOMMERGIAL AND INDUSTRIAL ZONES BUT THEY WILL REQIARE A BUILDIN6 PERMIT.)
10. AREAS USED FOR OUTSIDE 5TORA6E SHALL BE TREATED WITH A PERMANENT DUST
BINDER OR OTHER PERMANENT DUST GONTROL MEASURE GONSISTENT WITH THE
RE6ULATIONS OF THE SAN JOAQUIN VALLEY AIR POLLUTION GONTROL DISTRIGT. ALL
PASSEN6ER VEHIGLE-PARKIN6 AREAS MUST BE PAVED.)
II. OUTSIDE WORK, STORA6E, SALES AND DISPLAY OF MERGHANDISE AND MATERIALS 15
PROHIBITED. ALL AGTIVITIES AND ALL STORA6E OF MERGHANDISE AND MATERIALS
SHALL BE GONDUGTED AND/OR GONTAINED WITHIN AN ENGLOSED BUILDIN6. THIS
DOES NOT INGLUDE OUTDOOR 5EATIN6 AREAS FOR RESTAURANTS.)
12. REFUSE GOLLEGTION BIN ENGLOSURES AND GONTAINER AREAS ARE SUBJEGT TO ALL
REQUIRED STRUGTURAL SETBAGK FROM STREET FRONTA6ES, AND SHALL NOT REDUGE ANY
PARKIN6, LOADIN6 OR LANDSGAPIN6 AREAS AS REQUIRED BY THE ZONIN6 ORDINANGE.
l:l. PRIOR TO REGEIVIN6 FINAL BIALDIN6 OR SITE OGGUPANGY, YOU MUST GONTAGT THE
PLANNIN6 DIVISION (STAFF GONTAGT NOTED ABOVE) FOR FINAL INSPEGTION AND
APPROVAL OF THE LANDSGAPIN6, PARKIN6 LOT, Ll6HTIN6 AND OTHER RELATED SITE
IMPROVEMENTS. INSPEGTIONS WILL NOT BE GONDUGTED UNTIL ALL REQUIRED ITEMS HAVE
BEEN INSTALLED. ANY DEVIATIONS FROM THE APPROVED PLANS WITHOUT PRIOR APPROVAL
FROM THE PLANNIN6 DIVISION MAY RESULT IN REGONSTRUGTION AND DELAYS IN
OBTAININ6 A BUILDIN6 OR SITE OGGIUPANGY.
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14. FEDERAL AND STATE LAWS PROTEGT GERTAIN SPEGIES OF PLANTS, FISH, AND
WILDLIFE THAT ARE LISTED OR PROPOSED FOR LISTIN6 AS ENDAN6ERED OR
THREATENED, AS WELL AS THEIR DE516NATED GRITIGAL HABITAT. THE PRESENGE
OF AN ENDAN6ERED OR THREATENED SPEGIES ON PRIVATE LAND THAT OVERLAPS
WITH DEVELOPMENT MAY IMPOSE GERTAIN DUTIES, SUGH AS AVOIDIN6
UNAUTHORIZED TAKE AND, IN SOME GASES REQUIRIN6 GONSULTATION WITH THE
UNITED STATES FISH 4 WILDLIFE SERVIGE AND/OR GALIFORNIA DEPARTMENT OF
ASH 4 WILDLIFE A6ENGY. PROPERTY OWNERS AND DEVELOPERS SHALL TAKE THE
NEGESSARY STEPS TO ENSURE GOMPLIANGE WITH FEDERAL AND STATE LAWS. IF
UNAUTHORIZED TAKE OGGURS, A VIOLATION OF THE PROHIBITION ON
UNAUTHORIZED TAKE GAN LEAD TO GIVIL AND GRIMINAL PENALTIES BY FEDERAL
AND STATE A6ENGIES.
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other property rrg-11:; 17 these docurients which
ere not to l:e rEPrcx:luoo::J, chrnged or copied In
rny wrrttai. q-aphlc or electrooc fern rior
llSSlgried to my thrd pcrty w1thc(Jt the
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REVISIONS
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FILE NAME: -412-4SPR2-0
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Clover Entertainment Group
Operating Hours: Venue Operating hours are Saturdays & Sundays from 4pm to 12am.
Office Operating hours: Monday to Sunday from 9am to 6pm.
Facility Management: Contract attached separately
Event Coordination with Pricing: Attached Separately
Emergency Procedures
Evacuation Plan
• EVENT Coordinator: Oversees emergency response.
• First Aid: Trained staff responsible for medical assistance.
• Evacuation Routes: Clearly marked exits and routes leading to a safe assembly area.
• Accessible Exits: Ensure routes accommodate individuals with disabilities.
• Assembly Areas: Designate a safe place where people can gather after evacuation
Emergency Procedure
• Medical Emergency: First aid staff attend to the injured; contact emergency medical
services.
Emergency Equipment
• First Aid Kits: Ensure availability at multiple accessible locations.
• Fire Extinguishers: Regularly check and maintain
Training and Drills
• Staff Training: Train all staff on their roles and the procedures.
• Emergency Drills: Conduct regular fire drills and practice other emergency
procedures.
• Post-Drill Evaluation: After each drill, review performance and update the plan as
needed.
Clover Entertainment Group
Operational Statement
2612 F Street, Bakersfield, CA 93301
Purpose:
The primary purpose of The Clover Entertainment Group is to provide a versatile and
high-quality space for hosting a variety of events, including but not limited to corporate
meetings, weddings, exhibitions, and private parties. Our mission is to deliver
exceptional service and create memorable experiences for all our clients and their
guests.
Operating Hours:
The Clover Entertainment Group
operates from 4pm to 12am, on Saturdays. Special arrangements can be made for
events requiring extended hours, subject to prior approval and additional fees.
Facility Management:
1. Maintenance and Cleanliness: The venue will be maintained to the highest standards
of cleanliness and safety. Regular inspections will be conducted to ensure all facilities
are in excellent condition.
2. Security: Security personnel will be present during all events to ensure the safety of
guests and staff. Surveillance systems will be monitored to prevent and respond to any
security issues.
3. Staffing: A dedicated team of event coordinators, technicians, and support staff will
be available to assist clients with planning and executing their events.
Event Coordination:
1. Booking and Reservations: Reservations can be made through our online portal or
by contacting our event management team. A non-refundable deposit is required to
secure the booking.
2. Customization: Clients can customize their event packages, including catering, audio-
visual equipment, seating arrangements, and decor. Our team will work closely with
clients to meet their specific needs and preferences.
3. Compliance: All events must comply with local regulations, including noise
ordinances, capacity limits, and safety codes. Clients are responsible for obtaining any
necessary permits.
Technical Support: Our venue is equipped with state-of-the-art audio-visual equipment,
and technical support is available to assist with setup and operation during events.
Additional Services: Additional services such as floral arrangements, photography, and
entertainment can be arranged upon request.
Customer Service: Our commitment to customer service is paramount. We aim to
provide a seamless and enjoyable experience for all our clients, from initial inquiry to
event completion. Feedback is encouraged and valued to continually improve our
services.
Emergency Procedures: In the event of an emergency, our staff is trained to implement
emergency procedures.
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Clover Bronze Package
Security Deposit $500 + 1st Payment
- Security
- Bartender
- Servers
- Event Coordinator
- Standard Round Tables
- Resin White/Brown Chair
- Table and Chair Set Up
- Cocktail Tables
- Cleaning Included
Up to 150 guests: $4,900
Up to 200 guests: $5,400
Clover Silver Package
Security Deposit $500 + 1st Payment
- Security
- Event Coordinator
- Standard Round Tables
- Resin White/Brown Chair
- Your Choice of Color Polyester Tablecloths
- Table and Chair Set Up
- Choice of Backdrop & Main Table Set up
- Bartender
- Servers
- Cocktail Tables
- Vanity Rooms
- Buffet Tables for Dinner Service
- Cleaning Included
- Up to 150 guests: $6,900
- Up to 200 guests: $7,400
Security Deposit $500 + 1st Payment
- Security
- Event Coordinator
- Standard Round Tables
- Resin White/Brown Chair
- Your Choice of Tablecloth & Color
- Table and Chair Set Up
- Indoor Uplighting
- Choice of Main Table Setup
- Choice of Backdrop
- Centerpieces Rental
- Bartender
- Barback
- Choice of Gold or Silver Charger Plates
- Servers
- Dishwasher
- Clover White Plates
- Clover Water Goblets
- Choice of Color Napkins
- Cocktail Tables
- Buffet Set Up for Dinner
- Vanity Room
- Customize Bar Menu
- Cleaning Included
- Marquee Letters
- Photobooth
DJ from 5pm-12am
Up to 150 guests: $9,900
Up to 200 guests: $10,400
RESOLUTION NO. ______
RESOLUTION OF THE BAKERSFIELD PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A BANQUET VENUE (B.M.C. 17.24.040 A. 6.) IN
A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT,
LOCATED AT 2612 ‘F’ STREET (CUP 24-0426)
WHEREAS, The Clover Entertainment Goup, representing Rhonda Tassell (property
owner) filed an application with the City of Bakersfield Development Services Department for
a conditional use permit to allow a banquet venue (B.M.C. 17.24.040 A. 6.) in a C-2 (Regional
Commercial) zone district, located at 2612 ‘F’ Steet (the “Project”); and
WHEREAS, the Secretary of the Planning Commission set Thursday, November 7, 2024,
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 15332; 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 15332
because the project meets the characteristics of an in-fill development project.
LR \S:\04_Current Planning\02_CUP\01_Active\2024\24-0426_2612 F Street_Banquet Hall\01_PC\Final Prep\Miscellaneous\05_CUP 24-0426_Resolution.docx
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. 24-0426 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 7th day of
November, 2024, on a motion by Commissioner _______, seconded by Commissioner ________
the following vote:
AYES:
NOES:
RECUSE:
ABSTAIN:
ABSENT:
APPROVED
____________________________________
DANIEL CATER, 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. 24-0426
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.
CUP 24-0426 Page | 2 of 5
The City will promptly notify Applicant of any such claim, action or proceeding, falling under this
condition within thirty (30) days of 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 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. Prior to commencement of operations as allowed by this conditional use permit, the permit
holder shall:
a. Obtain change in occupancy approval from the City of Bakersfield Building Division.
b. Obtain fire clearance from the City of Bakersfield Fire Department/Prevention Services.
3. The banquet venue shall continually comply with the following conditions while in operation:
a. The maximum number of guests shall be 200 guests.
b. Hours of operation for the banquet venue shall be limited to Saturday and Sunday from
4:00 p.m. to 12:00 a.m.
c. The permit holder shall provide at least one security at each event.
d. Prior to hosting a banquet event, the permit holder shall coordinate with a licensed
security service to determine if additional security is required based on crowd size. The
permit holder shall enter into a contract to provide additional security when warranted.
e. All noise associated with the operation of any sound equipment must comply with
Bakersfield Municipal Code Section 9.22 and not exceed the applicable noise standards
of the Metropolitan Bakersfield General Plan.
f. Prior to commencement of alcohol sales/service, the permit holder shall obtain all
required permits and approvals for alcohol sales and on-site consumption; including but
not limited to necessary permits from the California Department of Alcoholic Beverage
Control (ABC).
g. 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.
h. Loitering is prohibited on the premises or areas under the control of the permit holder.
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.
CUP 24-0426 Page | 3 of 5
A. DEVELOPMENT SERVICES - BUILDING (1715 Chester Avenue)
(661-326-3607 or DEVBld@bakersfieldcity.us)
1. Impact fees shall be paid at the time of building permit issuance.
2. Building permits are required for all construction on site. Submit plans for review and approval
prior to obtaining all required permits for construction of the project.
3. Buildings or structures shall require installation of an automatic fire sprinkler system where
required by current California Building Code and City ordinance.
4. A Special Inspection Permit is required to determine what corrections are needed to satisfy
minimum building, plumbing, electrical, and/or mechanical code standards.
5. The developer shall include fire resistive wall construction details with the final building plans for
all exterior walls of any building that is within the distance as set forth in Table 602 of the
California Building Code.
6. Prior to issuing a building permit, the Building Division will calculate and collect the appropriate
school district impact fees.
B. DEVELOPMENT SERVICES - PLANNING (1715 Chester Avenue)
(Staff contact – Louis Ramirez; 661-326-3023 or LRamirez@bakersfieldcity.us)
1. Trees voluntarily removed from an existing project without prior approval by the Planning
Director, except when necessary for the protection of public safety, property damage, or
liability, or damage or loss by acts of nature, the willful unlawful acts of persons other than the
property owner, or by complying with other federal or state laws or actions, shall be replaced at
the average size of what is or was existing not to exceed a forty-eight-inch box container size.
Said trees shall be replaced within one hundred twenty days of removal. Trees shall be the same
species as shown on the project’s approved landscape plan or otherwise meet the provisions of
this chapter.
(Note: At the time a final site inspection is conducted, it is expected that plants will match the
species identified and be installed in the locations consistent with the approved landscape plan.
Changes made without prior approval of the Planning staff may result in the removal and/or
relocation of installed plant materials and delays in obtaining building occupancy.)
C. FIRE DEPARTMENT (2101 H Street)
(Staff contact – Ernie Medina; 661-326-3682 or EMedina@bakersfieldcity.us)
1. Prior to issuing building permit, current fire flow data must be shown on the plan and fire flow
requirements must be met prior to construction commencing on the project site.
2. Prior to issuing building permit, show the hose pull distance from the nearest hydrant to the
farthest point of the building(s) along the path of travel, also include the nearby fire hydrant
locations on the plan.
CUP 24-0426 Page | 4 of 5
3. Prior to issuing building permit, the Developer shall submit two (2) sets of utility plans signed by
a California Registered Civil Engineer to the Water Resources Department showing connections
to underground fire waterlines, including fire service and nearby fire hydrant locations or off-site
hydrants on the plans for approval.
4. Prior to issuing building permits, plans must show the key Knox box locations for the
gates/buildings on the plan for approval
D. WATER RESOURCES (1000 Buena Vista Road)
(Staff contact – Tylor Hester; 661-326-3715 or THester@bakersfieldcity.us)
1. At this time, no applicable conditions for the proposed project. Conditions may be added if the
project changes.
E. PUBLIC WORKS – ENGINEERING AND TRAFFIC (1501 Truxtun Avenue)
(Staff contact – Susanna Kormendi; 661-326-3997 or SKormendi@bakersfieldcity.us)
1. A street permit from the Public Works Department shall be obtained before any work can be
done within the public right-of-way (streets, alleys, easements). Please include a copy of this site
plan review decision to the department at the time you apply for this permit.
2. Prior to building permit approval, the developer shall form a new Maintenance District, or
update existing Maintenance District Documents. Updated documents, including Proposition
218 Ballot and Covenant, shall be signed and notarized. Contact Subdivisions at 661-326-3571.
3. Prior to the issuance of each building permit, the developer/owner shall pay a Transportation
Impact Fee (TIF) for regional facilities. This fee will be based on the rate in effect at the time the
applicable approval is issued. The Public Works Department will calculate an estimate of the
total fee upon submittal of construction plans for the project
4. Any proposed or future perimeter fence and/or wall shall be placed outside of existing public
road right of way or future ultimate public right of way
5. At the time of the change of use building permit issuance, a sewer connection fee shall be paid.
This fee is based on the rate that is in effect at the time a building permit is issued
F. PUBLIC WORKS - SOLID WASTE (4101 Truxtun Avenue)
(Staff Contact – Richard Gutierrez; 661-326-3114 or RMGutierrez@bakersfieldcity.us)
1. Businesses are required to have sufficient capacity of refuse/recycling/organic material storage
to go without service for 1 day (Sunday). At any time, refuse/recycling/organic services become
an issue, businesses shall construct a second refuse enclosure to meet the demand. The second
enclosure shall be approved by the City prior to construction.
CUP 24-0426 Page | 5 of 5
G. RECREATION & PARKS - (1600 Truxtun Avenue)
(Staff Contact – Fidel Gonzalez; 661-326-3268 or FGonzalez@bakersfieldcity.us)
1. At this time, no applicable conditions for the proposed project. Conditions may be added if the
project changes.
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
Conditional Use Permit
24-0426
EXHIBIT B
CITY OF BAKERSFIELD
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