Conditions of Approval
Case No. 1207-10
Date: October 4, 2012
CONDITIONAL USE PERMIT
REVISED CONDITIONS OF APPROVAL
2099 Bellflower Blvd
Application No. 1207-10
Date: October 4, 2012
1.The use permitted on the subject site, in addition to the other uses permitted in the CCA zoning district, shall be a restaurant with a (Type 47 License) beer, wine and distilled spirits for on-site consumption.
2. This permit and all development rights hereunder shall terminate one year from the effective date of this permit unless construction is commenced or a time extension is granted, based on a written and approved request submitted prior to the expiration of the one year period as provided in Section 21.21.406 of the Long Beach Municipal Code.
3. This permit shall be invalid if the owner(s) and/or applicant(s) have failed to return written acknowledgment of their acceptance of the conditions of approval on the Conditions of Approval Acknowledgement Form supplied by the Planning Bureau. This acknowledgment must be submitted within 30 days from the effective date of approval (final action date or, if in the appealable area of the Coastal Zone, 21 days after the local final action date).
Special Conditions:
4. Hours of operation shall be limited from 8:00 AM to 9:00 PM Sunday-Thursday and 8:00 AM to 10:00 PM Friday-Saturday. The applicant may submit for a modification of this condition after one year of this application’s final action date for the administrative consideration of the removal of this condition.
5. There shall be no expansion of the proposed fixed bar. The bar shall maintain the existing size and square footage of floor area as shown on the current plans dated July 2, 2012.
6. Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks or similar obstructions.
7. A numbering address sign shall be located at the side of the building, to the satisfaction of the Long Beach Police Department.
8. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.
9. The permittee shall maintain full compliance with all applicable laws, ABC laws, ordinances, and stated conditions. In the event of a conflict between the requirements of this permit, Conditional Use Permit, or Alcoholic Beverage Control license, the more stringent regulation shall apply.
10. No publicly accessible telephones shall be maintained on the exterior of the premises. Any existing publicly accessible telephones shall be removed.
11. Adult entertainment shall be prohibited.
12.During the hours of operation, the front door of the establishment shall remain closed at all times to minimize noise.
13. The applicant shall obtain an encroachment permit for their proposed outdoor dining from The Department of Public Works.
14. The operator shall install an alarm system at the exit doors.
15. The sale of alcoholic beverages for consumption off-premises is strictly prohibited.
16. The applicant shall provide new striping and landscaping to the existing parking lot as shown on the plans dated July 2, 2012.
17. The operator of the approved use shall prevent loitering along the sidewalk area including landscaping areas serving the use during and after hours of operation. The operator must clean the sidewalk areas of trash and debris on a daily basis. Failure to comply with this condition shall be grounds for permit revocation. If loitering and/or noise problems develop, the Director of Development Services may require additional preventative measures such as, but not limited to, private security guards.
18. The operator shall install exterior video security cameras at the front and rear of the business with full view of the public right-of-way and shall install exterior security video cameras that provide full view of any areas where operator provides parking for its patrons. The cameras shall record video for a minimum of 30 days and be accessible via the Internet by the LBPD. A Public Internet Protocol (IP) address and user name/password to allow LBPD to view live and recorded video from the cameras over the Internet are also required. All video security cameras shall be installed to the satisfaction of the Police Chief, Director of Technology Services, and Director of Development Services.
19. The subject location shall be maintained as a sit-down restaurant with a full menu available at the bar and the surrounding dining area. Any change in the operation shall be reviewed by the Director of Development Services to ensure compliance with this approval. Any major modifications shall be reviewed by the Planning Commission
20. Applicant shall obtain a building permit for the tenant improvement prior to issuance of a business license.
21. Applicant shall prohibit audio equipment/music on the west outdoor patio and shall cease serving on the patio after 8:00 p.m.
22. Happy hours and promotions will not be directly marketed to local college students (CSULB, LBCC)
Standard Conditions:
23. If, for any reason, there is a violation of any of the conditions of this permit or if the use/operation is found to be detrimental to the surrounding community, including pubic health, safety or general welfare, environmental quality or quality of life, such shall cause the City to initiate revocation and termination procedures of all rights granted herewith.
24. In the event of transfer of ownership of the property involved in this application, the new owner shall be fully informed of the permitted use and development of said property as set forth by this permit together with all conditions that are a part thereof. These specific requirements must be recorded with all title conveyance documents at time of closing escrow.
25. This approval is required to comply with these conditions of approval as long as the use is on the subject site. As such, the site shall allow periodic re-inspections, at the discretion of city officials, to verify compliance. The property owner shall reimburse the City for the inspection cost as per the special building inspection specifications established by City Council (Sec. 21.25.412, 21.25.212).
26. All conditions of approval must be printed verbatim on all plans submitted for plan review to the Department of Development Services. These conditions must be printed on the site plan or a subsequent reference page.
27. The Director of Development Services is authorized to make minor modifications to the approval design plans or the any of the conditions of approval if such modifications shall not significantly change/alter the approved design/project. Any major modifications shall be reviewed by the Zoning Administrator or Planning Commission, respectively.
28. The property shall be developed and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to adjacent properties and occupants. This shall encompass the maintenance of exterior facades of the building, designated parking areas serving the use, fences and the perimeter of the site (including all public parkways).
29. Any graffiti found on site must be removed within 24 hours of its appearance.
30. The applicant shall defend, indemnify, and hold harmless the City of Long Beach, its agents, officers, and employees from any claim, action, or proceeding against the City of Long Beach or its agents, officers, or employees brought to attack, set aside, void, or annul an approval of the City of Long Beach, its advisory agencies, commissions, or legislative body concerning this project. The City of Long Beach will promptly notify the applicant of any such claim, action, or proceeding against the City of Long Beach and will cooperate fully in the defense. If the City of Long Beach fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Long Beach.
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