[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] for [Music] [Music] [Music] [Music] [Music] [Music] [Music] toce something ACC [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] oh [Music] [Music] [Music] welcome to the city of Bakersville Planning Commission meeting this television broadcast is brought to you by the local cable companies the county of kar and the City of Bakersfield you can watch the rebroadcast of this meeting Saturday at 700 p.m. and Sunday at 10:00 a.m. the agenda for this meeting can be downloaded at www. Bakersfield city. us priding over this evening's meeting chair Daniel ker good evening it is my pleasure to call to order the November 7th 2024 Planning Commission meeting Madam clerk would you please call the role chair Kar here Vice chair Strickland here commissioner Basher Tosh here commissioner bid commissioner core here Commission commissioner Coman here commissioner Neil here Madame clerk next item please Pledge of Allegiance please stand for the Pledge of Allegiance Al to flag of the United States of America and to the Republic for it stands one nation under God indivisible liy and justice for all thank you all for attending tonight's Planning Commission meeting this commission provides an opportunity for public participation in the development process throughout the city of Bakersfield the Planning Commission considers a wide variety of projects including subdivision Maps zone changes General plan amendments and much more when applications are received the city planning division analyzes the request planning staff will present the facts about the project along with their recommendation to the Planning Commission who will approve the item or make a recommendation as appropriate Madam clerk next item please public statements please note public statements are now received at different times depending on the item I will call on Madam clerk to call for public statements at the appropriate time so please listen carefully for the correct time to speak agenda item 3A public statements does anyone in the audience wish to address the commission regarding items listed on tonight's agenda please note if you are here for consent public hearing items 5 a through 5C and and non-consent item 6A now is not the time to speak you will be given an opportunity to do so at a later time non-agenda item 3B public statements does anyone in the audience wish to address the commission regarding items not listed on tonight's agenda if so please come forward and state your name seeing no speakers madam clerk next item please agenda item four consent calendar items please note all matters listed under the consent items do not require a public hearing and will be enacted by one motion there will be no separate discussion of said items unless the staff member or a commissioner request specific items be discussed and or removed for separate action may I get a motion approving consent item 4A I'll make a motion commissioner Strickland may have a second I will second that Mo commissioner core Commissioners please cast your votes motion passes with commissioner bidd absent and commissioner Basher Tosh abstaining thank you Madame clerk next item please agenda item five consent public hearing items now is the time for consent public hearing items If an item is not removed by a commissioner staff or member of the public the commission will vote on all items in one motion without further comment if an item is removed it will be placed at the end of the non-consent public hearing items so at this time I would like to open all of the consent public hearing items does any member of the public wish to remove a consent public hearing item does any commissioner or staff wish to remove a consent public hearing item seeing none at this time the consent public hearing items 5 a through 5 C are now closed may I get a motion to adopt staff's recommendation on the consent public hearing items um 5A through 5c incorporating all staff memorandum and revised staff recommendations I'll make a recommendation to approve items 5 a through 5c I think these are all great projects and now second thank you uh commissioner Coleman and commissioner Bashir Tash Commissioners please cast your [Music] votes motion passes to approve agenda items 5 a through 5 C with commissioner bidle absent thank you madam clerk next item please agenda item six non-c consent public hearing items please note now is the time for non-consent public hearing items before we begin I'd like to explain how the hearing will be conducted staff will first give a report then those in favor of the project will be allowed to speak those in opposition to the project will be able to speak after all of those in favor have spoken please note each side will be given a five minute total time to provide rebuttal comments individual speakers may ask questions but the questions will not be answered until the public hearing on that item is closed if preferred written comments ments may be given to the clerk who will provide copies to the commission please be respectful of of all individuals participating in the hearing and please refrain from repeating remarks of previous speakers and presenting any new comments or thoughts in a concise and clear way Mr Johnson would you please provide us your staff report on item 6A yes thank you I'm going to ask that the project manager and Lewis Ramirez associate planner in our department come forward he'll be presenting tonight good evening Commissioners my name is lisis Ramirez I'm an associate planner with the city of Bakersfield's development services department planning division agenda item 6A is conditionally use permit number 24- 0426 the applicant is clover Entertainment Group on behalf of Ronda tassel requesting a conditional use permit to allow the use of a bankit venue [Music] the project site is located on an approximately quarter acre parcel the banquet venue is located in an existing commercial building on F Street north of 26th Street the site ABS commercial buildings to the North and South the project site Falls within the central district and any changes to the use in an existing building does not necess necessitate additional off street parking provided there are no expansions of the building square footage Zone classification uh the Zone classification of the parcel is C2 Regional commercial along with surrounding properties to the north south and west of the site the land use designation is OC office commercial the banquet venue would operate within an existing 10,000 squ ft commercial building with off street parking to the west side of the property the Clover Entertainment Group proposes to provide event service event hosting services for Gathering of for Gathering of up to 200 guests events will be held on Saturdays and Sundays between 400 p.m. and midnight with office hours from 9:00 a.m. to 6:00 p.m. throughout the week additionally equipment setup and tear down of an event of events will occur during weekdays as well public notification for the proposed project and environmental determination for the public was published and mailed to Property Owners within 300 ft of the project site three comments were received by the city all comments were neither for or against the pro project however concerns about operations of the banquet venue more specifically concerns about noise parking and trash noise parking trash and loitering staff has addressed these issues concerns with changes to the proposal and uh added as recommended conditions based on the recommended based on the recommended findings in the resolution staff recommends your commission approve conditional use permit 24- 0426 with conditions of approval that includes my staff report staff and applicant are available for any questions and and I'll just add there was a memorandum that was prepared and distributed amending some conditions and also adding conditions um that went out earlier today thank you the public hearing on the item is now open is there anyone who wishes to speak in favor of the project if so please step to the microphone identify yourself and proceed hello uh hello good evening Dre Comm planning Commissioners and staff uh my name is j montio I'm a little nervous I know I'm going to be on TV so I so I've been doing my research if I could would would you spell your name for J is JH e r s h o n Monti montio yeah m o n t Jo o thank you you're welcome so I'm the developer together with two of my business part Partners uh one of them is missing the other one is here um the name of the company as you know is clover Entertainment Group um as you can see in the report you guys have in your hands right now um the primary purpose of this Clover Entertainment Group is you know is to provide an affordable convenient and high quality space to host different types of events like kinas weddings birthday parties holiday parties and our mission is to deliver an exceptional service and create to create memorable memorable experiences to all our clients and their guest we're a family business with family values and with a goal to succeed as anybody else we have been resident here in Bakersville California for many years I know I do have an accent but I was born here we're a local business we wanted to make a difference in the community without harm our vision is to add value to our community to our neighborhood and be able to participate participate help all other businesses near us and be part of this Beal growth that's all I have to say thank you thank you thank you are there any other members of the audience wishing to speak in favor of the project if so please step to the microphone identify yourself and proceed okay seeing no additional speakers in favor uh oh oh thank you oh all right good evening chairman and uh members of the commission Tracy leech I'm the owner of Providence Consulting and the immediate next door neighbor and you got a letter from my attorney you got my comments and unlike most cups I think applications we've had a preview of this for over a year and that's been a little Ro as you read not not the best but it's super weird for me to be here I am never opposed to business ever as many of you know my day job is promoting businesses helping them get through pering processes developers uh companies that's what we do for a living actually so I'm not opposed I would like conditions that uh clean it up my staff spends way too much time um helping me clean up the trash on our property or trying to park that was weird um it that's our parking lot and so things like that I would like them to do a little better job um be a better neighbor I've actually never met them so I'm excited hi we have not met our neighbor but my some of my staff has but I just want them to be good neighbors as you all know downtown is already a challenge so we just get frustrated when it's our neighbor cuz we deal with the other stuff all the time vagrants the drug addicted that's a daily battle and fight so we we try to be really good neighbors and we just ask the same and that's all but I would encourage you to uh promote this and and help them keep succeeding and um prospering here in Bakersfield thank you good evening my name is Ronda van Hassel I'm the owner of the building and I just wanted to say um that I'm exceptionally proud of the young men that started the company um um a few I guess about a year or so ago I I don't know my dates right now but anyway um they've just been so unbelievably uh successful uh not so much maybe with the monetary side of it but just providing this unbelievable uh venue and people have just really I've attended many events there and um I just think that they just really really um have a really good experience and environment for everyone to come to um I think that I sat outside for a long time in an alley and I watched as the different vagrants were cruising through all of the different trash cans I know it's a challenge you know to keep people out I was happy to see this memorandum that mentions that you do have some proceeds and things available for people to be able to lock up their cans better I do think that's a real challenge but um all in all um I just think that they they um are ready to conform in any way that you want and um you know it's just a good business and it's something I think that we should hold on to thank you hey how's it going uh sorry I came a little late I have a a you know a part-time job a full-time job um your name sorry my name's Daniel serat I'm one of the U uh owners of uh Clover entertainment and obviously it all started as a dream with uh me and uh my compadre and this is our first business venture us uh coming from a low uh income family uh now we're in our 30s so you know what uh now we've advanced in our careers and we're able to invest in the business and obviously we don't know what it take sometimes and what to do but obviously we do have our neighbor there and it's just uh it's embarrassing almost that that we didn't uh set those be best practices uh when we first got there and obviously here to uh serve you know our community um obviously we haven't been involved with the business Community here in Bakersfield because you know what we've been busy to you know get more funds to invest into our to our business and at the end of the day we're here to you know hopefully stay and uh be uh have jobs for people um and uh hopefully be ongoing U um business for for a long time and that's it thank you for your comments um before we close uh speaking in favor is there are there any other members of the audience wishing to speak in favor seeing no additional speakers in favor is there anyone wishing to speak in opposition to the project seeing and receiving no uh comments and in opposition we traditionally forego the rebuttal period if there's nobody on the opposing side um are there any commissioner questions before we close the hearing commissioner core um I have a question for the staff um talking about since being parking as one of the issues um is there any requirement in what proximity the parking spaces needs to be uh looking at one of the maps provided um there's only some parking spaces close to the venue rest of the venue what rest of the parkings are located further away um is there any proximity requirement in this case City Council in 2019 um mandated through the municipal code that if there's a change of use in the building within the central district District which This falls into that if there's just a change in use no additional parking Beyond what's already existing um is required uh there are a couple maps that show what you see here outlined in the yellow um rectangles are actually public parking spaces so these are on on Street public parking spaces uh there there is since they're public there is no proximity that that they need to be to a building um this map here here does Show additional private Lots from the Westchester Parking Association that owns these Lots um that they could come into an agreement with that Association other projects have um and they could potentially Reserve Lots 50 Lots on on a Saturday night and a Sunday night for their venue as needed okay and another question on one of these pictures attached where the trash overflow is shown uh who is that sent by and uh what day is it from can you describe that picture it's it's attached in one of the that that was when we stapped at a site inspection this morning well I'll back up just a little bit we did site inspection yesterday and it was not that way so we did a site inspection this morning and we identified it was that way so staff reached out to the venue operator and we said look did you have a party last night did you clean house last night is this your trash in response it was no and then they sent us that screenshot I'm assuming from their security camera showing that their two dumpsters are are not full but that other dumpster is so it was it was done I believe the time stamp on that is 2200 approximately 10:00 last night um but I I'm not sure if there's footage of of where that trash came from you you'd have to ask the owner of the camera I was able to look um and the footage on my camera for the past month and a half I got previews in the morning in the evening and the day after so I got pictures of that so I don't know if you guys I can provide it to you guys um but yeah uh I seen there was a home homeless carrying carrying a chair carrying stuff and I see in the footage I have the pictures here with me oh yeah oh no I have additional which actually he shows a person actually doing it and I have videos too you know yeah but I like I I do have that if you guys need me to provide that on oh do we need the name again do you need his name again no Jers J yeah yes that's fine we we have name yeah I appreciate that though thank you and if obviously if your commission wants to see what he has there's a overhead projector there it's up to you so it's so right here I think this is the one I you guys have right I don't know what's that right there but it looks really all right so right there that was this morning right this shows right there number seven what is it 8:46 again then a847 I don't know if you see the individual right there he was carrying a chair pulling it he was pulling a chair and then I 51 they clean it up so I guess the trash uh the garbage or I don't know came and picked it up after right so it's just like three four minutes after but I'm saying like it might look bad but look it it looks pretty clean after so that's that's one I've been going back uh sorry and based on that information I go back to September 28th on the footage it says the time right there 11:08 clean correct 11:29 sorry September 29th midnight clean September 30 9:45 in the morning 1019 October 19 12 that will be a midnight clean October 20 same thing that'll be the next day have 27 at 901 in the morning at night time it's pretty clean November 3rd it was last 10:20 in the morning 3 night time 8 p.m. sorry right there right there and this is basically 430 just go the show know I still show the progress look day the day after in case it was good so still so we trying to we're trying to keep the as it say like with u with trzy you know we want to make sure we keep it track and we implementing that into our process now cleaning that then and is your uh trash area enclosed or is it just open those trash bins just sits there we close it but they open it home open it they want to get cans I don't know stuff so even if we close it he has the it's is like even has a lock and they still manag it to open it I think the the problem is cuz the top is plastic so they can bend it over so we had to do something about it so we're going to take care of that for sure you know um another thing I know you guys were discussing about right now the parking uh I managed to talk to one of our neighbors uh across the street uh I don't know you can see right real quick all right Tracy I just marked right there so I already know I said no parking right well I was able to talk to them I got their business card if you guys need to contact them you know make sure they allow it and Christina was really nice and say you guys have no problem there's nothing on the weekends you guys can share with Sid of ital right in the corner so just want to mention that and your party days are usually on the weekends yeah the weekends yeah and then when the Providence parking lot was was full in the morning is just for the setup or cuz um their office hour is probably 8 to 5 I I I don't know um on that one I don't know we probably have to talk as I say like it's a miscommunication sometimes I know we didn't introduce ourselves to them you know and I apologize I think that's usually disrespectful on our part but um more than anything cuz I know we have parking spaces in the front when we come we we're a family so it's only I have my wife that comes and help me you know my daughter sometimes my compa um all their partner and uh it's only a few of us you know we really don't have the stuff to pay right now cuz we obviously spending a lot of money on this business so more than anything I say like I I like what she's saying right now that it's it's it's good to clarify things and say you know what we're not allowed to park there hey we can do something about it put some cones in there hire some extra people so they can take care of that spot you know don't park here you know and obviously check after you know check after the event make sure we clean it we clean it up there's no problem with that you know and our on our end we're going to lock make sure we lck those trash pins you know have you had any um events recently no right now yeah no right now think thank you commissioner core uh commissioner [Music] Coleman uh thank you chair keer I I think uh commissioner core got to the question about the parking that my Park my question was going to be a little bit more detail a little bit more deeper like little bit more deeper like that yeah because where where were you thinking people were going to park when you had Event Center that had 200 people in it because you don't have enough parking there so what was the plan but the plan is like because we were think um I didn't know that the Cody say that after a certain time uh you guys appr that you can park anywhere it's a public parking I didn't know we didn't know that you know we just saw the place and say it's big enough let's make it happen right obviously there's rules there's permits that you need to go through before that so we didn't know that you know uh we see a lot of empty parking I was like hey there's no problem you know sorry for saying a Mexican way but I was like you know what I mean so I I basically what what we thought you know make simple easy we got it but obviously we were missing something and obviously Tracy already said it and and obviously we want to be part of this uh business community and our neighbors are really nice everybody there okay and that's I don't know if I respond to your question yeah that's fine thank you um there was one more question had to do with uh were you guys operating without a conditional use permit we were operating without it yes okay what was that about you just didn't know you needed to get one we didn't know we needed it one yes all right you know after like the pandemic with opening Ranch here and there and doing events was like we thought it was easy but I guess not really it's a process you know okay and my last question is for Miss leech have you seen the uh latest uh changes to the uh conditional use permit that dealt with the parking issue and the uh the trash issue yeah I just I just got that and took a look at it and we wanted some parameters um structure uh again I appreciate their entrepreneurialism but uh it's been challenging and we have a business to run so yeah that it looks good to me Larry I appreciate you asking thank you ma'am yep I have no further questions and commissioner Coman uh it it was my fault that U Miss leech and the applicant actually did not see that memo earlier um it was my fault I didn't get it sent out to them so they're just now seeing it uh tonight so you may also make may want to ask the applicant if they're okay with those conditions no that's a good question have you seen the uh the latest changes of conditions have you had a chance to review them um yeah can somebody can I absolutely can go over those conditions so if I may I'll start at the top of the memo we are um requesting to amend condition is it put up on the screen it would it be possible we could use the projector thank you just so that we can we can we can throw it on the projector absolutely fantastic thank you absolutely that's a good call and for the applicant are you okay reading this in English okay all right so anyway we just want to clarify in this case this condition 23b that um that the actual venue excluding the hours excluding the setup and tear down the actual venue will be limited to Saturdays and Sundays only from 400 p.m. to 12:00 a.m. um office hours as was noted in the presentation will be Beyond those times going down to if if you would like and again this is staff's recommendation to you to the commission not necessarily to the applicant but but the conditions are imposed by the commission with staff's recommendation I mean if if they oppose the condition they can oppose it but it's still up to you whether or not you want to impose it so if you want to if you're fine with accepting a nod of the head is that acceptable this condition change acceptable um can we talk during this or absolutely yeah if you want to further revise these conditions now is the time to do it um how are we going to King are we still uh within the bounds of our professionalism okay fantastic we are where are we now how are we going to keep track that the event is only on Saturday and Sunday between those timings the city is a proactive reactive excuse me um to code violations so once it's reported then we will take the necessary action but we will not have staff um driving throughout the city to make sure conditional use permits are being complied with so we would rely on in this case Mrs leech Miss leech to give us information and and I'm sure she would not hesitate uh and and any other neighbors that may be um impacted by a condition that they're not in compliance with can can I just hop in real quick and ask um it was in the queue of questions but we're on the one anyway so in the operational statement the applicant and I asked staff the question they responded but the applicant had put in their sample contract that um special conditions could exist where an event could be outside of those ranges right um let me read the exact one just so I don't uh lie on it yeah in the example contract you had that uh special Arrangements can be made for events requiring extended hours um and I just want to make sure that the applicant understands that the conditions if approved by this commission would say that you can only operate between 4 p.m. and 12: midnight Saturday Sunday okay so cool thank you and if there are any special conditions they would have to come back to your Planning Commission to amend this condition it it's not like there's a they can come to the Planning Department and ask for a deviation just to staff on that issue um other venues in downtown area where people are gathering to celebrate or drink um or dance they're open later than that so why the midnight limitation you'd have to ask the applicant that's their hours I was not imposed by staff okay that's their hours okay it's not impose by step okay but it is a part one of the conditions that's correct and and the reason we add we conditions based on typically based on operations that are provided to staff and so if that's how they feel they can operate then that's what we want to limit them to and we also do tell them that look once we have these if you want to go outside of those hours or those days it takes a formal public hearing to do that there are no special exceptions that can be done so then my question to the applicant is like your business model that works perfect for your business come to the come to the mic so if we would like to go extended we have to come and talk to you guys will be another hearing for that too as well an entirely new process it's entirely new process so either better speak now and forever hold your peace okay I feel well I would say it will be better in a way so we're safe than sorry to be honest cuz sometimes we have to clean so obviously you might think hey they're doing something so so might as well just be taking care of there you know I would say we can't if it's possible if you guys want to take in consideration the condition it will be nice but if not we understand and we stay with what time would you be asking for uh I would say probably 1 well I think we had had exception already for set up and cleanup so this is just the event itself so in in this case what what we would assume is at midnight there will be no more drinking no more music and it's time to depart um we understand that sometimes it takes 20 minutes for people to depart we're not saying all patrons have to be off premise at midnight but we're saying there should be no more dancing no more partying after midnight and then tear down can occur later if you want that to go later again commissioner Neil as you noted now would be the time for them to request that okay I I will request that we can yeah requesting that you can you got to make it clear okay I will request at 2 am 2 a. request yes if if that's if that's a standard we can do it that would be great the question for staff is is that consistent with other venues other nightclubs other places downtown or in this area the 2 am requests as a condition for that's correct okay all right thank you for that thank okay thank you okay so just so I'm clear that everything will remain as shown there except the 12:00 a. will change to 2: am. I just asked questions because I think we're still in the hearing portion but when we get into the next portion I would I will I would like to speak on that issue okay that can be part of your motion absolutely thank you okay um going back going down uh the next one we just point in the memo we're just pointing out out that this facility um has occupancy of over 390 individuals but the applicant at their request or at their scope of operations is limiting it to 200 guests uh and therefore we're saying um based on that is where we come up with our 50 parking space requirement of what would be required if this was a brand new venue um brand new construction venue I should say um but just noting that they're requesting actually about half of of what the facility would allow um I have a question for Mr Monty Hill on that point can you can you please come back to the mic according to the fire code it says that you can operate up to 390 people in the venue okay my question is why have you restricted yourself to 200 cuz we haven't get inspected and stuff so so I don't know I don't know I want to go the lowest to see if we can later we able to do it later but if if I can do it right now I prefer to do it like to the max that I can I would like to ask um our planning director to to kind of explain um the pro the process and of if you wanted to increase it later and and your ability to make a request now for a larger number okay so again and not to be too repetitive but these conditions are what they must comply by if if they want to change the condition or and in this case have more than 200 guests on site um we don't really have an a way to amend a conditional use permit so what they would do is process a new conditional use permit uh with changing conditions of approval so they could change the number of guests up to whatever number they want or request it and it would come back to you to request that but can I clarify I think commissioner Neil is asking if our recommendations of commission of condition can be appealed amended now so that if 300 is what they want that's what we will impose absolutely the these are only staff these are only staff's recommendations it's it's your commission you can if you want to change that number to whatever the max occupancy of the building is you can state that so that you can say the the maximum number of guests shall be limited by the fire code that's that's your it's it's your prerogative again we our conditions in this case are primarily going off the scope of operations that was provided to stop got it okay thank you for that both of you thank still a few more yeah okay the next condition we're modifying is in regard to property cleanup and maintenance requirements um and we are adding a condition in this case condition three or 23 I that the permit holder shall be responsible for maintaining the premise is free of litter and trash at all times and any graffiti painted or marked upon the premise shall be removed or painted over within 72 hours of Discovery and again um usually if you report graffiti to the city graffiti cleanup team that'll be removed within 24 hours um but again this is partly to be responsive to the comments regarding property cleanup and maintenance requirements and just to confirm this condition is that the applicant has to clean it up by 72 hours or have it cleaned up the impetuses on them even if they use the city's cleanup service it it would yes okay that's correct I'm sorry but the applicant probably doesn't have control or may not have any control over when the city actually comes out so my question to to you would be you know maybe amending that to put report it to the city if it's not or something of that nature okay absolutely and then the next condition in keeping with this concern uh was adding a condition 23j that prior to commencing operations as Allowed by this conditional use permit the permit holder shall install and maintain visible signage on the premise to discourage littering by patrons and signage must be placed in prominent locations reminding patrons to dispose of trash properly and in this case what we're usually saying is that uh entrances and exits or at least along the back wall because I'm sure that's where most of the littering occurs Monte Hill is that something you can do yeah something we can do yeah well my question to staff earlier today I I asked this question about the signage because you putting signs there doesn't help with disposal but if you don't have a place for people to dispose of stuff and and you mentioned that that's going to be up to public works or um if if you can hold that thought there's a condition we're amending further on down no that's up absolutely that's okay uh the next condition we are amending is regarding loitering uh so right now our condition currently read loitering is prohibited on the premises or areas under control of the permit holder then we want to add that the permit holder shall install and maintain visible signage on the premises prohibiting such loitering and again that just um provides additional notification to patrons that they can't loiter um Can those two conditions be met by one sign that has both the loitering and both the trash I think that would be preferred because too many signs will just look cluttered okay so um okay and again that can be one of your conditions that these be incorporated into a single sign the next condition we have is amending a condition for public works and this kind of answers commissioner colan's comments is we are adding and striking out portions of what we were initially recommending and so now the condition we'll read prior to commencing operations as Allowed by this condition addal use permit the permit holder shall consult with the city Solid Waste Department to ensure the business has sufficient capacity of Refuge recycling organic material storage to go without service for one day Sunday at any time Refuge refu recycling organic Services become an issue the business shall construct a second refu enclosure to meet the demand second enclosure shall be approved by the city prior to construction and that would be approved by the City Solid Waste department so really what we're saying in this case is prior to commencing any operations that they will consult with solid waste Solid Waste will go out on site and they'll determine based on this use the number of days it's being used they'll identify what type of um NE trash bins is are necessary because the downtown is a little bit unique um when it comes to trash collection because um of of Alleyways that are limited um in items like that uh to construct a second refu on the on the property they wouldn't need any sort of permits for that they would need through building permits yes okay um and um I just want to ask the owner because if that's something that you would cooperate with for on behalf of the applicants if because of the um use their their particular use of the building if they were required down the line to construct an additional refu is that something that okay and I think we're getting into a city code there where they would have to do it I don't think there's any any option not to do that I understand that I I'll tell you why I asked the question later and that would be all the conditions that we are recommending for Amendment and addition at this time questions I just had to I just thought it'd be helpful in the conversation uh Mr Johnson questions for you we had a conversation about um you know as the commission we're seeing the cup portion of this venue coming to life Mr Johnson can you explain the uh the building process that will proceed that will commence after if the C is granted just to explain kind of the whole bistic investment that the applicant is again this is kind of a a conditional use permit that's a little bit unique it's it's similar to how some uh if if a restaurant wants to serve alcohol sometimes they'll have to come in and get a conditional use permit to be able to serve alcohol in our neighborhood commercial zones so although in that case the building's not changing you're only improving the ability to serve alcohol so what you're approving here right now is the ability to operate this venue if if that is approved there's a standard condition of approval that they go to the building department and obtain a change in occupancy of this building and in which case there'll be a bunch I don't say Bunch but there will be more codes required to ensure that the safety of the patrons because they're changing the occupancy um charaters it from B to a I believe and so for instance they may need to fire sprinkler the system or the building now um and they'll have to put in that cost at that time Public Works will also look at the pavement out back and make sure that the pavement is um smooth for the Ada parking they'll look at inside to make sure that the restrooms are ADA Compliant they'll look at the doorway widths make sure that those are ADA Compliant if they're not already so there's this is just like the first step before the applicant or the venue operator will have to get more permits to bring everything up to code thank you I just that' be helpful to have that as part of the conversation um I have no other questions thank you for thank you sorry oh commission not clear but yeah so I had a question originally before that I appreciate that the question is going to sound like a comment but I'm getting there uh sometimes this commission will impose uh like a good neighbor policy upon applicants to try and make sure that they're staying on top of neighborhood cleanliness or security is a big one um and I asked staff about this I don't necessarily know that this Rises to that but just wanted to ask the applicant are you willing to you know commit to going around to the businesses around your Venue giving out a business card contacting those like Mrs leech oh yeah definitely giving them someone that they could directly call if there's an issue rather than having to go through code enforcement having to do that yes Yes actually we have right the only person that we miss is leash and we didn't go yeah so that but we have yeah know we went to lose ourselves definitely you know we give our business cards too so yeah cuz sometimes that's what we see is you know a neighbor is frustrated with something going on and they don't have a person to call they have oh comment sorry yeah that was it that was the only question sorry I'm done moving into questionable territory commissioner Strickland um so with that I will now close the public hearing and return it to the commission for comments and action okay thank please have a seat comments and action um well can I start yes please uh commissioner Neil and the the chair panel is not cleared uh Madame clerk is that so I can't see I'm not oh there we are commissioner Neil you can start us okay sorry I'll click next time um I wanted to thank Mrs leech and Mr leech for standing up in the portion of the hearing in support of the applicants I've actually never seen that done um it's always very very oppositional and so I I wanted to thank you for doing that because your lawyer was involved when we get lawyer letters it's usually someone pulling rank or weight against an underling and you actually stood up during the support side that's very significant um and I just wanted to thank you for that and I'm sure um the applicant can see that you want them to succeed you just want them to work together with you and the other owners so that's wonderful um I wanted to thank the applicant for just being honest about um not knowing and trying to figure it out and and getting in trouble and then come into the Forefront with your application to figure it out and and like um Mr um Johnson said there's other steps involved and so hopefully you can afford those things um if if this is approved um I wanted to say that I I want us I would like to support and make a motion in support of approval of your cup with the um conditions imposed in the memo that was shared um on the projector and with um with the commission um of just a few changes to that um to the conditions moving the time from 12: a. a.m to 2: a.m for the end of your Venue time for your of your events um allowing you to use the full capacity of the building that you're paying to rent um and not restricting you to half of the capacity so I would like to move that to whatever fire is consisted with fire Cod and also um having you have the option when graffiti is committed against your building to report it to to take care of it yourself or report it to um to the city um So within the time frame suggested so those are my motion um is to um accept staff recommendation for approval with those changes thank you commissioner Neil uh commissioner Bashir Tosh thank you uh and I would like to concur with commissioner Neil that was that's commendable to do that and uh it's very easy to retaliate and and especially when your business is on the line and you've got to provide for you know I I appreciate that um when I first saw this I honestly almost had a heart attack that you had been operating without permit and all of that especially for Miss Van Tassel as a property owner thinking about having something go wrong and what that would mean as a property owner and the liabilities that would come with that it it frightened me so I'm glad that this is getting resolved but I would encourage you as a business owner to a business owner it's important wisdom comes from a council of many to reach out to people there are some people that would lend you advice and not charge you for it uh so that you can make good business decisions but most importantly uh Bakersfield is an amazing City and it's all about being a good neighbor it's about taking care of your neighborhood and working together uh it's easy just to be a jerk and and fight with each other and Feud but uh this this town will continue to be an amazing town if we'll work together and commit to doing the right thing by our neighbors so I'm happy that we're here and I was happy to see you shake hands and stuff but um but be mindful and your business you're business-minded and I'm sure this won't be your only Venture that you do of getting the right wisdom poured into you so that you make good business decisions and don't put yourself in a position of liability cuz one uh having been uh the on the receiving end of many lawsuits in businesses it it gets nasty and and it could really impact your livelihood your family and all that youve worked hard to do so you want to protect yourself and make sure that you're always doing the right thing and when you don't know it's good to say I don't know but reach out and ask in our city they're they're amazing at uh you know answering questions and giving the information and and uh not just dropping the hammer on you know things being done but actually working to support so that we can be Pro business and grow so I appreciate all of you this has been a tremendous uh hearing and uh thank you uh thank you I think we have a motion in a second but we do have other commissioner comments so I'll let the all the Commissioners comment and then and then I'll be the second we'll yeah we'll hold the motion with the second commissioner Strickland thank you yeah I was also GNA thank the applicant for coming forward um wish you luck on that uh I like anything downtown we get great and I I really like that we don't have a bunch of parking we're adding to this I would just maybe caution that if you're going to do wedding and party events at night downtown make sure those renting the event no to secure public transportation Uber lift um just because that is a concern I also wanted to thank uh Mr Ramirez for the presentation and standing there at their presentation for a while so thanks for the work on that and thanks for staff um before the mo I would like to have staff read the amended because I don't know what we added with commissioner Neil I don't know if I well I just want to know what we're talking about because I didn't see any change on the graffiti that I really saw necessary so I guess that would be the last comment and I just want to make sure we have a clean reading before we vote sure absolutely I have that so I'm just going to read it out loud so condition 23b will now be amended to read hours of operation for the banquet venue events shall be limited Saturday and Sunday from 400 p.m. to 2: a.m. these restrictions do not apply to the business office hours or events set up and tear down so that's one change second change will go to condition 23A where it now will say the maximum number of guests shall be limited to the maximum capacity as Allowed by the fire code and condition 23i will now be amended to read the permit holder shall be responsible for maintaining the premises free of litter and trash at all times any graffiti painted or marked upon the premise shall be reported to the city and or removed or painted over within 72 hours after discovery so in other words within 72 hours you either have to remove it paint it over or report it I believe that was commissioner Neil's request and it was just those three conditions that were further amended by commissioner Neil from the um director's M that was provided yeah I just I I want to make sure on the condition for that if they report the graffiti and it doesn't get cleaned up how do we enforce the condition on their property if they just say well we reported and they didn't clean it up we reported and a cleaned up how do you I would say for instance if if we will have records if it's reported M um so if Sorry Miss leech but if she reports it 96 hours later uh we can go back and see if it was reported to the city within that 72 hour time frame and I would say probably 72 hours of an event and if it was in in C's taking longer than the typical 24 hours then that would just be leeway that's provided okay thank you thank you I see no other commissioner comments we do have a motion in a second I would just one more I'm sorry did and commissioner Neil did you want to uh amend one of the conditions to talk about it like a single signage versus multiple signs that's your call okay fantastic before I call the vote I I do just want to thank everyone that came out tonight to talk about this item um it is really nice to have civil discourse and again commissioner Neil um resounding that an applicant would that a neighbor would come with concerns but still support the project and um that the applicant would hear I look forward to you officially meeting after the hearing and um I also just um you know I represent downtown Well w 2 which is now the other side of 24th but I think it's really nice that um you're you're you're adding life to an area that kind of closes out when it's not the work day and so I think having more people more activity downtown um I appreciate um all the camera footage because I think it shows that um being downtown you have to work together with your neighbors because sometimes it's your trash sometimes it's someone else's trash sometimes it's trash from an apartment building four blocks away that you don't know how it got there but now it's in your front door and so um I think there's there are a few other parts in town where being neighborly is that important um I think neighborly is important everywhere but downtown I think it's heightened so um I appreciate the applicant moving forward I'm I personally am glad we're not adding 100 parking spaces to the F Street Corridor I think that would maybe not be aligned with our stated Vision uh for a walkable downtown and um just wish you um we have the motion so I will just go ahead and say I wish you success in your business I wish you successful neighbor um happy hours and Joint uh General good feelings and uh with that let's take a vote motion passes with commissioner Biddle absent thank you Madame clerk next item please agenda item seven Communications does staff have any Communications just we will have a meeting in two weeks on November 21st the meetings in December right now are um we're looking at what we can see about getting scheduled there um it may not be positive all right two weeks and then question mark sounds great um thank you madam clerk next item please agenda item eight commission comments does any commissioner have any comments commissioner Strickland yeah I just wanted to thank staff for workshopping that kind of live with changes for conditions thanks for flexibility it's all about the public service thank you um Madam clerk next item please agenda item nine adjournment this meeting is adjourned at 6:30 have a great evening [Music] [Music] [Music] e