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Home My WebLink AboutRES NO 166-94RESOLUTION NO. 1 6 6 ' 9 4 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD RESCINDING CONDITION NO. 4 OF THE BOARD OF ZONING ADJUSTMENT'S DECISION TO APPROVE AN APPLICATION OF MICHAEL SHORR FOR A MODIFICATION AFFECTING THAT CERTAIN PROPERTY AS HEREINAIqTER DESCRIBED TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES. WHEREAS, MICHAEL SHORR filed a written application with the Board of Zoning Adjuslment of the City of Bakersfield requesting a Modification (No. 5589) to reduce the required parking from 496 spaces to 400 spaces in a C-2 (Regional Commercial) zone district on property located at 818 and 820 Real Road; and WHEREAS, at a noticed public hearing held on August 23, 1994, said application was duly heard and considered, and the Board of Zoning Adjustment, by its Resolution No. 23-94, approved the requested modification with conditions; and WHEREAS, within the time prescribed by law, MICHAEL SHORR filed in writing with the Council of the City of Bakersfield through the City Clerk, an appeal of condition No. 4 of said approved modification; and WHEREAS, the Council through its Clerk set October 12, 1994, at the hour of 7:00 p.m., in the Council Chamber of City Hall, Bakersfield, California, as the time and place for a public hearing before them on said appeal, and notice of the hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, at said hearing held October 12, 1994, the appeal was duly heard and considered, and the Council found as follows: 1. The modification initially evaluated all uses including the use of both banquet rooms, and the parking lot was found to be sufficient to meet anticipated demand. 2. The planned improvements to the parking lot with respect to increasing stall widths, drive aisles, and the addition of handicapped spaces and landscaping, will improve overall on-site circulation and will not decrease the actual amount of useable spaces that existed previously. 1 3. No evidence was provided to either the Council or Board of Zoning Adjustment that parking demand actually exceeded the number of useable spaces when the facility was in full operation. 4. Because of the mixed use nature of the facility, parking demand will be less since many patrons will be on site to engage in more than one activity. 5. It is unlikely that when both banquet rooms are being utilized, that other uses would also be at maximum occupancy. In addition, the banquet rooms are designed to be an integral part of the restaurant and it is unrealistic to assume one would be necessary for storage. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that based upon the record of proceeding before and findings adopted by the Board of Zoning Adjus~nent, and the proceeding before and findings of this Council, the appeal is approved and condition No. 4 of Modification No. 5589 is hereby rescinded. ......... 000 ........ 2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on 0gT 1 2 1~ , by the following vote: AYES: COUNCILMEMBERS ~,{cDERMOTr, EDWARDS, OeMOND, SMffH.6r ~nc~ ~, ROWLES, SALVAGGIO NOES: COUNCILMEMBERS ¥~.~ ~.~ ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 1 BOB MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY Assistant City Attorney September 27, 1994 p/mod5589.res 3 RESOLUTION NO. 23-94 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING AN APPLICATION OF MICHAEL SHORR REQUESTING A MODIFICATION AFFECTING THAT CERTAIN PROPERTY AS HEREINAFTER DESCRIBED TO PERMIT THE REDUCTION OF THE REQUIRED NUMBER OF PARKING SPACES FROM 496 SPACES TO 400 SPACES AT AN EXISTING MOTEL AND BOWLING ALLEY COMPLEX THAT WILL BE UNDERGOING EXTENSIVE REMODELING AND REFURBISHING WITH NO INCREASE IN THE SQUARE FOOTAGE OF THE FACILITY. WHEREAS, MICHAEL SHORR filed a written application with the Board of Zoning Adjus~nent of the City of Bakersfield requesting a Modification to permit the reduction of the required number of parking spaces from 496 spaces to 400 spaces at an existing motel and bowling alley complex that will be undergoing extensive remodeling and refurbishing with no increase in the square footage of the facility in a C-2 (Regional Commercial) zone district on property located at 818 and 820 Real Road; and WHEREAS, the Board of Zoning Adjustment met at 3:00 p.m., August 23, 1994, in the Council Chamber of City Hall, Bakersfield, California, and did consider said application pursuant to Title Seventeen of the Bakersfield Municipal Code; and WHEREAS, the law and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by staff and the Board of Zoning Adjustment; and WHEREAS, at said hearing held August 23, 1994, the application was duly heard and considered, and the Board of Zoning Adjustment found as follows: 1) The granting of the proposed modification will not be materially detrimental to the public welfare, nor injurious to the property or improvements in the area. The approval of this modification is nece-~_~ to permit appropriate improvements to continue on the site. However, to lessen the impact upon neighboring properties due to the reduction of available parking, one of the two banquet rooms has been conditioned to be used only for storage purposes. 3) 4) 5) -2- The approval of this modification will be consistent with the purpose and intent of the City of Bakersfield's Zoning Ordinance and the Melxopolitan Bakersfield 2010 General Plan. Public notice has been given pursuant to both city and state regulations. The provisions of CEQA and the city's environmental implementation procedures have been followed. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD that said application for said Modification, is hereby approved, subject to the conditions in Exlul>it "A". BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD ROBERT M. SHERIm/, Acting Chairman Approved and Adopted this 23rd day of August, 1994 STANLEY G~~~Y, Acti~ g~~remry Assistant Planning Director BZA Staff Report, August 23, 1994 Page 5 MOD #5589 EXHIBIT "A" CONDITIONS OF APPROVAL Modification #5589 The applicant's rights granted by this approval are subject to the following provisions from the Bakersfield Municipal Code: The project shall be in accordance with all approved plans, conditions of approva~ and other required permits and approvals. All construction shall comply with applicable bvil, ti,~g codes. .411 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 (I0) days after the date upon which it is granted by the BZA to allow for appeal to the City Council..dny permit or license for any approval granted shall not be issued until that effective date. This approval shall automatically be null and void one (1) year after the effective date unless the applicant or successor has actually commenced use of or construction of what was or if the use is discontinued or abandoned for a period of one (1) year or more. This time can be extended or modified for a longer period if approved by the BZA. The Planning Director may revisit a conditional use or modification to add or change conditions, or to initiute revocation if there is good cause, including but not limited to, f_-q!_-_rt to comply with conditions or complete construction, or the violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the conditional use or modification was granted, subject to Section 1Z64.070 H. This approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. The applicant shall acquire all necessary building permits for improvements on the site. o The applicant shall acquire all necessary permits from the Public Works Depa~ tment for any work conducted within the public right-of-way. o A wrought iron fence shall be installed along Chester Lane at the utility access and the fire access subject to Fire Depas tment approval. go One of the two banquet rooms shall be converted to use as storage and not be used for banquet purposes. L. Palmer MinuteS4 5. Page 3 FILE 5588 - PAUL S~~ Member Kloepper that Pico and Sanlty,,.Lane are in the county, and ff stop signs are a concern fothe res'dents h~, e owuldb~ppy to send their concerns to the County. Member Fidle d d that~e a.... _ppli.cant .and n'~o.rs try to resolve some of the i b h b f tt h~~are d, a dn recomme'l~ continuing this hearing t° the September 13'. 19_94 ?ee_u~..g'' Member Kloe rt dM b F~ler' recs ommendation. Motion was made by Member Fidlet to continue this item to the September 13, 1994 meeting, and encourage the applicant and residents to work together on trying to come up with a workable solution. Motion carried. 818 & 820 REAL ROAD -- A MODIFICATION TO PERMIT THE REDUCTION OF THE REQUIRED NUMBER OF PARKING SPACES FROM 496 SPACES TO 400 SPACES AT AN EXISTING MOTEL AND BOWLING ALLEY COMPLEX THAT WILL BE UNDERGOING EXTENSIVE REMODELING AND REFURBISHING WITH NO INCREASE IN THE SQUARE FOOTAGE OF THE FACILITY IN A C-2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE 5589 - MICHAEL SHORR) Staff report was given. Public hearing was opened. Frank McKenna, resident on Chester Lane spoke in opposition to the reduction of parking. Member Fidler asked Mr. McKenna if he would like the block wall to be continuous to keep the patrons from parking in front of his residence. Mr. McKenna replied no. Applicant was present· Member Kloepper asked the applicant about the condition that was imposed on the last owner requiring him to convert one of the banquet rooms into storage because of lack of parking. Minutes BZA, 8/23/94 Page 4 6. FILE 5589 - MICHAEL SHORR Mr. Short replied they intended on keeping the banquet room. Staff planner, Jim Eggeft commented that parking for the banquet room is based on seating. He also noted that the applicant owns additional property across Real Road that could be utilized for additional parking, however the area is not immediately adjacent to the motel site and is inconvenient for patrons. William Morris, a business partner with Mr. Shorr spoke in favor stating they have been maintaining property on Chester Lane even while the building has been vacant. Public hearing was closed. Motion was made by Member Fidler to adopt resolution, based upon all the facts presented, making all findings set forth in the staff report approving Modification #5589 as set forth in the project description with the addition of the following conditions to Exhibit "A": A wrought iron fence shall be installed along Chester Lane at the utility access and the fire access subject to Fife Department approval. One of the two banquet rooms shall be converted to use as storage and not be used for banquet purposes. Motion carried by the following roll call vote: AYES: Fidler, Kloepper, Shefly 7. ADJOURNMENT being no further business to come before the Board, the meeting was at 4:00 p.m. Isabel Williams Secretary MODIFICATION 5589 16TH STREET M-1 M-2 25 CALIFORNIA /~6 C1l, R-2 ~1o~~, .-~ SAN EMIDO C1 I R-2 C-1 AVENUE WAY AVE. I.[ R-2 j'"fi R-2 AVE. R-2 R2 ~ ~li~liF&-i'i-i-I-N-iillilll,ii!lilJllll'ltlillltU ~ CHESTER LANE SITE PLAN PLOT PLAN srr'E DATA REGENCY COMPLEX