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HomeMy WebLinkAbout11-19, 11-0263RESOLUTION NO. 11 -19 RESOLUTION OF THE BOARD OF ZONI G ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT FOR A 1,145 SQUARE FOOT WINE, MEAT AND CHEESE BAR /SHOP IN A C -2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE NO. 11 -0263) WHEREAS, Fred Gagliardini filed an applicat on with the City of Bakersfield Planning Department requesting a conditional use permit for a 1,145 square foot wine, meat and cheese bar /shop. The proposal is located at 1201 24th Street and is in a C -2 (Regional Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, hrough its Secretary, set TUESDAY, August 9, 2011, 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 Co e; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date, and no testimony was received either in support or opposition of the project; and WHEREAS, the laws and regulations relating Quality Act (CEQA) and the City of Bakersfield's Cl have been duly followed by city staff and the Boa WHEREAS, the above described project is CEQA in accordance with Section 15303; and o the California Environmental :DA Implementation Procedures J of Zoning Adjustment; and mpt from the requirements of WHEREAS, the City of Bakersfield Planning D partment (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 a the above referenced public hearing (s), support the findings contained in this re olution; and WHEREAS, at the above mentioned public h aring(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 egarding the proposed project: 1. All required public notices have beer 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 B kersfield CEQA Implementation Procedures have been followed. Staff determined that the proposed project is exempt from CEQA under S ction 15303, because the project consists of the conversion of an existi g small structure from one use to another with no exterior modification to the structure. 3. The proposed use is desirable to the public convenience. 4. The proposed use is in harmony with ihe various elements and objectives of the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE B ARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD as follows: 1. That the above recitals, incorporatec herein, are true and correct. 2. That the proposed project is exempt from CEQA under Section 15303. 3. That Conditional Use Permit No. 1 1 -0 63 as described in this resolution, is hereby approved subject to the con itions of approval and any mitigation measures as contained in xhibit "A -1 ". On a motion by Board Member Fick, the B this resolution by the following roll call vote: AYES: Barnhard, Fick, Underwood NOES: ABSENT: I HEREBY CERTIFY that the foregoing resolutic Board of Zoning Adjustment of the City of Bakersfie 9t" day of August, 2011. DATED: August 9, 2011 of Zoning Adjustment approved was passed and adopted by the at a regular meeting held on the CITY OF B KERSFIELD BO ZONING ADJUSTMENT Rhonda Bernhard, Chair 2 EXHIBIT A CONDITIONS OF�PPROVAL Conditional Use Per it No. 11 -0263 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 a provals. All construction shall es. comply with applicable building cod • 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 pu poses 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 b issued until that effective date. • This approval shall automatically be null onc 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 exte ded for up to one (1) additional year by the approving body. The BZA may initiate revocation of the rights including but not limited to, failure to comp/; complete construction or exercise the rights tenant of any provision of the Bakersfield ML premises for which the approval was grante the revocation addition to or modification o cause, including but not limited to, complair conditions are not adequate for the intende granted if there is good cause, with conditions of approval, Iranted, or violation by the owner or )icipal Code pertaining to the . The BZA may also consider under any conditions if there is sufficient 's regarding the project or that the I purpose. Unless otherwise conditioned, this approval r�rns with the land and may continue under successive owners provided all the ablove mentioned provisions are satisfied. II. The following conditions shall be satisfied as 1. In consideration by the City of Bakersfield foi not limited to related environmental approv project, the applicant, and /or property own herein) agrees to indemnify, defend, and he officers, agents, employees, departments, c herein) against any and all liability, claims, a .91 of the approval of this project: land use entitlements, including but ils related to or arising from this .r and /or subdivider ( "Applicant" d harmless the City of Bakersfield, its )mmissioners or boards ( "City" :tions, causes of action or demands whatsoever against them, or any of them, k tribunals of any kind whatsoever, in any wa provisions of this application, including with any related development approvals or cor or not, except for CITY'S sole active neglige This indemnification condition does not prE any decision by the City related to this pro, condition apply regardless of whether any issued. :fore administrative orjudicial arising from, the terms and it limitation any CEQA approval or itions whether imposed by the City, :�e or willful misconduct. ent the Applicant from challenging ct and the obligations of this ther permits or entitlements are The City will promptly notify Applicant of an such claim, action or proceeding, falling under this condition within thirty (30) clays 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 a 1,145 square foot wine, meat and cheese bar /shop located at 1201 24th Street in a C- (Regional Commercial) zone district, subject to any and all operational restrictions placed on the facility in accordance with its State of California Deportment of Alcohol Beverage Control Type 42 license (On -Sale Beer and Wine for Public Premises). Alcoholic beverages consumed on the premises shall b limited to wine only. 3. The property owner shall be responsible for rinaintaining the premises free of litter, trash and graffiti; any graffiti painted or mar ed upon the premises shall be removed or painted over within 72 hours aft r discovery. 4. The permit holder shall not allow the nu building to exceed the establishment's by the Building Director or his designee 5. There shall not be any type of Adult Entertai Municipal Code Section 5.06.010, on the pr( 6. The use of amplified sound equipment shall associated with the operation of any sound be subject to any and all operational restric accordance with a cabaret permit pursuar Chapter 5.14. and shall be in compliance w Municipal Code Chapter 9.22. of occupants inside the premise num occupant load, as determined or the Fire Chief or his designee. iment, as defined in Bakersfield mises at any time. of be permitted outdoors. All noise :quipment within the premises shall ons placed on the establishment in to Bakersfield Municipal Code h the noise regulations in Bakersfield 7. Loitering is prohibited on the premises or area under the control of the permit holder. This also includes persons waiting to Iget into the business if it is at maximum occupancy. 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