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Home My WebLink About12-14, 12-0118RESOLUTION NO. 12 -14 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL USE PERMIT TO OPERATE A 1,266 SQUARE FOOT BAR IN A C -2 (REGIONAL COMMERCIAL) ZONE DISTRICT. (FILE NO. 12 -0118) WHEREAS, Ken Lopez filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to operate a 1,266 square foot bar. The proposal is located at 3621 California Avenue and is in a C -2 (Regional Commercial) zone district; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, May 8, 2012, 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 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 Board of Zoning Adjustment; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15303; 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 15303, because the project consists of the conversion of an existing small structure from one use to another with no exterior modifications to the structure. 3. The proposed use is desirable to the public convenience. 4. The proposed use is in harmony with the various elements and objectives 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 project is exempt from CEQA under Section 15303. 3. That Conditional Use Permit No. 12-0118 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 Underwood, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AYES: Bland, Fick, 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 8t" day of May, 2012. DATED: May 8, 2012 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT ky'drdqd'� ,hair -2- EXHIBIT A -1 CONDITIONS OF APPROVAL Conditional Use Permit No. 12 -0118 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 -3- 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 1,266 square foot bar located at 3621 California Avenue in a C -2 (Regional Commercial) zone district, subject to any and all operational restrictions placed on the facility in accordance with its State of California Department of Alcohol Beverage Control Type 48 license (On -Sale General for Public Premises). 3. The permit holder shall not allow the use of any computers within the facility for any illegal purposes or for the purpose of engaging in any form of internet gambling. 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 shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Building Director or his designee and \or the Fire Chief or his designee. 6. There shall not be any type of Adult Entertainment, as defined in Bakersfield Municipal Code Section 5.06.010, on the premises at any time. 7. All noise associated with the operation of sound equipment shall be subject to any and all operational restrictions placed on the establishment in accordance with a cabaret permit pursuant to Bakersfield Municipal Code Chapter 5.14. and shall be in compliance with the noise regulations in Bakersfield Municipal Code Chapter 9.22. 8. 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. 0 K , � r r O 1 N H ry W 0- W U) D J Q z O r) z O U CONDITIONAL USE PERMIT 12 -011