HomeMy WebLinkAboutRes. No. 46-24 (CUP 24-0426)RESOLUTION NO. 46-24
RESOLUTION OF THE BAKERSFIELD PLANNING
COMMISSION APPROVING A CONDITIONAL USE PERMITTO
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 J Van Tassell Trust
(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, testimony was received only in support 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
A venue, Bakersfield, California) is the custodian of all documents and other materials upon
which the environmental determination is based; ahd
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.
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.
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 Neal, seconded by Commissioner Bashirtash
the following vote:
AYES:
ABSENT:
Exhibits:
Bashirtash, Cater, Kaur, Koman, Neal, Strickland
Bittle
A.
B.
C.
APPROVED
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DANIEL CATER, CHAIR
City of Bakersfield Planning Commission
Conditions of Approval
Location Map
Site Plan
LR \S:\Ol_Planning Commission\ l Resolutions\ 11-7-24\CUP 24-0426\CUP 24-0426_Resolution_Post PC.docx
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.
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
CUP 24-0426 Page I 2 of 5
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 limited to the maximum capacity as allowed by
fire code or building code, whichever is more restrictive.
b. Hours of operation for the banquet venue events shall be limited to Saturday and Sunday
from 4:00 p.m. to 2:00 a.m. These restrictions do not apply to business office hours or
event setup and teardown.
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.
The permit holder shall install and maintain visible signage on the premises prohibiting
such loitering.
i. The permit holder shall be responsible for maintaining the premises free of litter and trash
at all times. Any graffiti painted or marked upon the premises shall be reported to the city
and/or removed or painted over within 72 hours after discovery.
CUP 24-0426 Page I 3 of 5
j. Prior to commencing operations as allowed by this conditional use permit, the permit
holder shall install and maintain visible signage on the premises to discourage littering by
patrons. Signage must be placed in prominent locations reminding patrons to dispose of
trash properly.
Ill. 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.
A.
B.
The items listed below will usually need to be shown on the final building plans or completed before a
building permit is issued.
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.
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.
CUP 24-0426 Page I 4 of 5
C.
D.
E.
(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.)
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.
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
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.
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
CUP 24-0426 Page I 5 of 5
F.
G.
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
PUBLIC WORKS -SOLID WASTE {4101 Truxtun Avenue)
{Staff Contact -Richard Gutierrez; 661-326-3114 or RMGutierrez@bakersfieldcity.us)
1. Prior to commencing operations as allowed by this conditional use permit, the permit holder shall
consult with the City Solid Waste Department to ensure the business has 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, the business
businesses shall construct a second refuse enclosure to meet the demand. The second enclosure
shall be approved by the City prior to construction.
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
MX-2 C-2
C-1 C-2
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CUP 24-0426
C-2
27TH ST
C-0
C-2 C-0
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Zoning
R-1 Ont Family Dwelling
6,000 sq.II. min lot si1e
R-1-4.5 On, fomilr Dwelling
4,SOO sq.ft. min lot siae
E htate
10,000 sq.ft. min lot size
R-S Residential Suburban
14,000 sq.ft./dwelling unit
R-S-( ) Residential §uburbon
I, 2.S, Sor ID min lot siM
R-2 Limited Multiple family
Dwelling
4,500 sq.ft. min lot siie (single
fomilr)
6,000 sq.fl, min lot site
(multifon,ily)
2,500 sq.ft. lot oreo/dw,lling
unit
R-3 Multiple Family Dwelling
6,000 sq.ft. rnin lot size
l,2S0 sq.ft. lo! oreo/dwelling
unit
R-4 High Densi1y Muhiple Fon1ily
Dwelling
6,000 sq.fl. min lot size
600 sq.ft. lot area/dwelling
unit
R-tl Residential Holding
20 acre min lot size
A Agri,ullure
6,000 sq.fl. min lot size
A-20A Agriculture
20 acre min lot siJe
PUO Planned Unit Development
TT Travel Troilff Por•
MH Mobilehome
C-0 Professional ond
Admini,trative OHi1e
C-1 Neighborhood Commeniol
(-2 Regional Commenial
C·C Commercial(entet
(-8 Central Business
PCD Planned Comniercial
Developnient
M·l light Manufa<luring
M-2 lienerol Manufacturing
M-3 Heawy lndulfrial
P Automobile Parking
R( Recreotion
Ch Church Overlay
OS Open Spoct
HmP Hospital Overlay
AD Architectural Design Overlay
FP-P floodplain Primary
FP-S Floodplain Secondary
AA Airport Approach
DI Drimng l1lond
PE Peholeum Extraction
Combining
SC Senior Citi1en Overlay
HD Hillside Development
Combining
WM-Wtst ~Ii< Pion
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