HomeMy WebLinkAbout10-13, 10-0038RESOLUTION NO. 10 -13
RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE
CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMITTO
OPERATE A 6,000 SQUARE FOOT BANQUET HALL AND COCKTAIL
LOUNGE. (FILE NO. 10 -0038)
WHEREAS, Fire Hydrant Lounge and Banquet Hall, Inc. filed an application with the City of
Bakersfield Planning Department requesting a conditional use permit to operate a 6,000 square foot
banquet hall and cocktail lounge. The proposal is located at 3615 Mt. Vernon Avenue and is within a
C -2 (Regional Commercial) zone district; and
WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, May 11,
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,
and testimony was received 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 Board of Zoning Adjustment; and
WHEREAS, the above described project is exempt from the requirements of CEQA in
accordance with Section 15061(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 resollution; 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 northeast 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. 10 -0038 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
NOES:
ABSENT: Rojas
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 11" day of May, 2010.
DATED: May 11, 2010
CITY OF BAKERSFIELD
BOARD OF ZONING ADJUSTMENT
rA I 4,-11 / `:6 'W'a,
Darnell Haynes, Chair
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EXHIBIT A -1
CONDITIONS OF APPROVAL
Conditional Use Permit No. 10 -0038
1. 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.
11. 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" 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.
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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 6,000 square foot banquet hall and
cocktail lounge fin a C -2 (Regional Commercial) zone district located at 3615 Mt. Vernon
Avenue. The cocktail lounge shall not occupy more than 1,000 square feet of the premises
and may be open to the public between 10:00 a.m. and 12:00 a.m., seven days a week.
Banquet hall events shall be conducted no later than 12:00 a.m.; the cocktail lounge may be
used for banquet hall events but shall not be open to the general public during such events.
3. Outdoor seating and all other outdoor customer /patron activity is prohibited. The only outdoor
uses permitted shall consist of outdoor cooking conducted in accordance with applicable
governmental regulations that is incidental to the banquet hall and cocktail lounge uses and the
limited storage of equipment associated with the use that is either too large or unsuited for
indoor storage, including but not limited to a portable barbecue grill. These permitted outdoor
activities may only be conducted within the paved, fenced area situated immediately east of the
subject building.
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. The permit holder will comply with all operating conditions imposed by the California
Department of Alcoholic Beverage Control (ABC).
6. 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 designee.
7. There shall not be any type of Adult Entertainment as defined in BMC section 5.06.010, on the
premises at any time.
8. Unless permitted as part of these conditions, all noise associated with the operation of any
sound equipment must comply with BMC section 9.22.
9. Loitering 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.
10. 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.
11. 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
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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.
12. The applicant voluntarily agrees that all owners, managers, and servers who serve and /or
provide alcoholic beverages to patrons or work under the establishment's alcohol license will
complete a State of California certified Responsible Beverage Service training program within
90 days of the opening of the establishment or within 90 days of assuming their position and
every two years thereafter. Records of compliance shall be maintained by the applicant and
shall be made available to City staff for inspection upon request.
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