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HomeMy WebLinkAbout10-11, 09-0767RESOLUTION NO. 10 -11 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMITTO OPERATE A 3,177 SQUARE FOOT BAR IN A C -1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT. (FILE NO. 09 -0767) WHEREAS, Brian Myrick filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to operate a 3,177 square foot bar. The proposal is located at 4715 Coffee Road and, is within a C -1 (Neighborhood Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, March 9, 2010, at the hour of 3 :00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before them on the proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date, testimony was received both in support and opposition of the project, and the Board continued the proposal to its April 13, 2010 meeting; 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 Board of Zoning Adjustment; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 1.5061(b)(3); and WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which approval of the environmental determination is based; and WHEREAS, the facts presented in the staff report, initial study, and evidence received both in writing and by verbal testimony at the above referenced public hearing(s), support the findings contained in this resolution; and WHEREAS, at the above mentioned public hearing(s), the proposal was heard and all facts, testimony and evidence was considered by the Board of Zoning Adjustment, and they made the following findings regarding the proposed project: 1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation 10 days prior to the hearing. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed project is exempt from CEQA under Section 15061(b)(3), because the project does not have the potential to cause a significant effect on the environment. 3. The proposed use is desirable to the public convenience since it will serve the residents of the surrounding neighborhood as well as the northwest Bakersfield area. 4. The proposed use is in harmony with the goals, objectives and policies of the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: That the above recitals, incorporated herein, are true and correct. 2. That the proposed is a project that it is exempt from CEQA under Section 15061(b)(3). 3. That Conditional Use Permit No. 09 -0767 as described in this resolution, is hereby approved subject to the conditions of approval and any mitigation measures as contained in Exhibit "A -1 ". On a motion by Board Member Lee, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Haynes, Lee, Underwood NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 13th day of April, 2010. DATED: April 13, 2010 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT Darnell Haynes, Chair 2 EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional iJse Permit No. 09 -0767 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 BZA 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 BZA 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 BZA may also consider under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. • 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: 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 or boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit allows for the operation of a 3,177 square foot bar in a C -1 (Neighborhood Commercial) zone district located at 4715 Coffee Road. The establishment's permitted hours of operation shall be in accordance with the more restrictive of either this conditional use permit, a City cabaret permit, or a State liquor license; the maximum hours of operation this establishment may be open to the public shall be 12:00 p.m. to 12:00 a.m. on Sunday, 2:00 p.m. to 12:00 a.m. Monday through Thursday, 2:00 p.m. to 2:00 a.m. on Friday, and 12:00 p.m. to 2:00 a.m. on Saturday. 3. Outdoor seating and all other outdoor bar - related activity is prohibited. 4. The property owner shall be responsible for maintaining the premises free of litter, trash and graffiti; any graffiti painted or marked upon the premises shall be removed or painted over within 72 hours after discovery. 5. Windows shall be tinted and /or treated with a material(s) which visually obscures activities within the premises. 4 1 0 rn� V 0 ry W CL rW v J z 0 0 z 0 U -Id SJNNdS Y W W U la anoio o 0 W O O� o� �o o -Q7 yps ` m� J_ MI DDJJOO r N 0 Of Z Q W U` Q 2 O N N ti N LL c 0 O O 0 Z W PW Y I J a z 0 0 z 0 U -\ /- \ I - `1 I I/,n RESOLUTION NO. 055.1-7 _ 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD DENYING AN APPEAL BY FRED PORTER AND HAROLD ROBERTSON OF THE BOARD OF ZONING ADJUSTMENT'S APPROVAL OF A CONDITIONAL USE PERMIT (FILE NO. 09 -0767) TO OPERATE A 3,177 SQUARE FOOT BAR IN A C -1 (NEIGHBORHOOD COMMERCIAL) ZONE DISTRICT LOCATED AT 4715 COFFEE ROAD. WHEREAS, a conditional use permit (File No. 09 -0767) was requested by Brian Myrick to operate a 3,177 square foot barin a C -1 (Neighborhood Commercial) zone district located at 4715 Coffee Road as shown on Exhibit "A" and "B "; and WHEREAS, the Board of Zoning Adjustment through its Secretary set Tuesday, March 9, 2010, at the hour of 3:00 p.m., in Conference Room A of City Hall North, Bakersfield, California, as the time and place for a public hearingbefore them on said project and notice of their hearing was given in the manner provided by Title Seventeen of the Municipal Code of the City of Bakersfield; and WHEREAS, a public hearing was held befoe the BZA on said date, and testimony was received both in support and opposition of the projectit that time; theitem was continued to April 13, 2010 and the conditional use permit was granted by the BZA on that date; and WHEREAS, a timely appeal was filed by Fred Porter and Harold Robertson objecting to the BZA's decision with the Clerk of the City Council; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Title Seventeen of the Municipal Code of the City of Bakersfield conducted and held a public hearing on Wednesday,May 5, 2010 on the appeal of Conditional Use Permit No. 09 -0767, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication inThe Bakersfield Californian, a local newspaper of general circulation; 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, the Board of Zoning Adjustment, and the City Council; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15061(b)(3) and WHEREAS, the City Council considered during thehearing, all facts, testimony and evidence concerning the project including the staff report, deliberation aid action by the BZA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD AS FOLLOWS: A. All required public notices have been given. Hearingnotices regarding the proposed project were mailed to property owners within 300 feet of ,q J r)RINN ` -2- the project area and published in a local newspaper of general circulation 10 days prior to the hearing. The provisions of CEQA and City of Bakersfield CEQA Imptmentation Procedures have been followed. Staff determined that the proposed activity is exempt from CEQA pursuant to Section] 5061 (b) (3), because the project does not have the potential to cause a significant effect on the environment C. The proposal is desirable to the public conveniencesince it will serve the residents of the surrounding neighborhood as well as the northwest Bakersfield area D. The proposed use is in harmony with the goals, objectives and policies of the Metropolitan Bakersfield Generd Plan. E. The City Council hereby denies the appeal and upholds the decisionof the Board of Zoning Adjustment subject to the conditions of approval contained in Exhibit "C." ---- - - ---- 000-- - ----- a m r 'lt?i(;inif4� -3- HEREBY CERTIFYthat the foregoing Resolution was pased and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 0 5 2010 , by the following vote: eTAIN: COUNCILMEMBER: :, WEIR, COUCH, HANSON, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: ABSENT: COUNCILMEMBER: TriQm.::� ROBERTA GAFFORD, CM j CITY CLERK and Ex Offic o Clerk of the Council of the City of Bakersfield APPROVED ' MAY 0 5 20 HARVEY L. HAAF 4W MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attome, By: l Exhibit A: Location Map Exhibit B: Site Plan Exhibit C: Conditions of Approval d4�2'NA4111 cf � n U r DRIGINAI EXHIBIT !O.__,+_ `t- w cc N Z 8 � rr co Id S`JM2ids vooS ir I z Y W W W Q U = i io ano-io on o I C~ as 33=1:100 G - _.. W _ N _ _ .... v z 10 M31n J.d9 ,'ZG� � � •S, o�JO a .. f'" r ti a) v O Z H w CL w J Q Z O i- Z 0 U EXHIBIT NO. z a i ,,A O }- m r- J = r }RIGON A EXHIBIT "C" CONDITIONS OF APPROVAL rn ,")RIGINAI EXHIBIT "C" CONDITIONS OF APPROVAL Conditional Use Permit No. 04 -0767 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 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 (l) year or more. This time can be extended for up to one (1) additional year by the approving body. ® The BZA 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 BZA may also consider under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. ll. 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 or boards ( "City" r� "iRlrl�c�� herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY'S sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit allows for the operation of a 3,177 square foot bar in a C -I (Neighborhood Commercial) zone district located at 4715 Coffee Road. The establishment's permitted hours of operation shall be in accordance with the more restrictive of either this conditional use permit, a City cabaret permit, or a State liquor license; the maximum hours of operation this establishment may be open to the public shall be 12 :00 p.m. to 12:00 a.m. on Sunday, 2:00 p.m. to 12:00 a.m. Monday through Thursday, 2:00 p.m. to 2:00 a.m. on Friday, and 12 :00 p.m. to 2:00 a.m. on Saturday. 3. Outdoor seating and all other outdoor bar - related activity is prohibited. 4. The property owner shall be responsible for maintaining the premises free of litter, trash and graffiti; any graffiti painted or marked upon the premises shall be removed or painted over within 72 hours after discovery. 5. Windows shall be tinted and /or treated with a material(s) which visually obscures activities within the premises. o. The business shall not be eligible for a cabaret permit as defined in Chapter 5.14 of the BMC. 7. The permit holder will comply with all operating conditions imposed by the California Department of Alcoholic Beverage Control (ABC). 8. The permit holder shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Development Services Director or his designee and \or the Fire Chief or his J A K4-1i rrm- v r designee. 9. There shall not be any type of Adult Entertainment as defined in BMC section 5.06.010, on the premises at any time. 10. Unless permitted as part of these conditions, all noise associated with the operation of any sound equipment must comply with BMC section 9.22. 11. Loifering is prohibited on the premises or area under the control of the permit holder. This also includes persons waiting to get into the business if it is at maximum occupancy. 12. The permit holder shall ensure that reasonable efforts are made to prevent the admission of any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all other areas of the establishment controlled by the permit holder. The permit holder shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. 13. During the hours of operation when privileges of this permit are being exercised, minors shall not be allowed on the premises. The permit holder shall make reasonable efforts to ensure minors are identified as such and denied admittance to the premises while the privileges of this permit are being exercised. Further, the permit holder will ensure the Bakersfield Police Department is contacted immediately in the event any minor on the premises attempts to obtain an alcoholic beverage, or admittance through false pretenses. 14. The business shall not include a restaurant use where food will be prepared and served. 15. Wall signs and exterior promotional advertisement signs shall be prohibited. The business identification sign shall be limited to a non - illuminated vinyl with a maximum area of 8 square feet on the window or entry door in accordance with the C -1 regulations. 16. The conditional use permit for the bar use shall expire on May 5, 2015 (5 years from the City Council's approval date). This expiration also includes any City approvals granted to allow alcohol sales related to this use. ,�AKF � r C3 I- RIGkh W