April 7, 2022
Mr. Brad D. Beach
Supervising Agent In Charge
Department of Alcoholic Beverage Control
3950 Paramount Boulevard, Suite No. 250
Lakewood, California 90712
Re: Application of Shady Grove Oak Grill, Incorporated, dba Shad Oak Grill, for an original application of an Alcoholic Beverage Control License, at 2708 East 4th Street.
Dear Mr. Beach:
Please be advised that the Long Beach City Council, at its meeting held Tuesday, April 5, 2022 approved the request to file a protest regarding the subject application based on the fact that licensing the premises would be contrary to City of Long Beach zoning ordinances, since a Conditional Use Permit (CUP) is required.
The City Council also appro ved the City Manager to withdraw the protest if the City's Planning Commission approves a Conditional Use Permit Exemption (CUPEX) and if no appeal is made during the 10 -day appeal period for the CUP EX. It is anticipated that the CUPEX will be acted upon by the Planning Commission, and once the appeal period has elapsed, a letter will be transmitted to ABC withdrawing the City's protest.
Enclosed is a copy of the City Council documentation and a certified excerpt of the minutes for your file. The City of Long Beach thanks you for your assistance in this matter.
Respectfully submitted,
MONIQUE DE LA GARZA
CITY CLERK
Prepared by:
Kyle Smith
Attachment
cc: Cindy Allen, Councilwoman, Second District
Mayor
City Prosecutor
Police Department (2) Chief & Vice
Referral File
FAX forwarded to ABC, (562) 982-1396
Office of the City Clerk
411 West Ocean Boulevard, 11th Floor, Long Beach, CA 90802 (562) 570-6101
CITY OF
LONG
April 5, 2022
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
Office of the Chief of Police
400 West Broadway long Beach, CA 90802
(562) 570-7301
C-22
Receive the application of Shady Grove Oak Grill, Incorporated, dba Shady Grove, for an original application of an Alcoholic Beverage Control (ABC) License, at 2708 East 4th Street; submit a Public Notice of Protest to ABC; and, direct the City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 2)
DISCUSSION
It is City Council policy to review applications for ABC licenses to determine if a basis for protest against the issuance of the license exists. The attached application lists the possible bases for protest.
TIMING CONSIDERATIONS
The Department of Alcoholic Beverage Control received the above application on February 18, 2022. The applicant is still in the planning stages and has not yet received a CUPEX. Provided the Planning Commission approves the CUPEX, the recommendation includes a request to direct the City Manager to withdraw the Public Notice of Protest. City Council action is requested on April 5, 2022, to respond to the Department of Alcoholic Beverage Control by the April 9, 2022 due date.
FISCAL IMPACT
There is no fiscal impact associated with this recommendation.
SUGGESTED ACTION:
Approve recommendation.
Respectfully submitted,
WALLY EBEISH
CHIEF OF POLICE
ATTACHMENTS
APPROVED:
THOMAS B. MODICA
CITY MANAGER
HONORABLE MAYOR AND CITY COUNCIL
April 5, 2022
Council District:
Applicant:
OBA:
Address:
Type of Application:
Bases for possible protest:
2 Shady Grove Oak Grill, Incorporated
Shady Grove
2708 East 4th Street
An original application for an On-Sale Beer and Wine for A Bona Fide Public Eating Place License
Over concentration
Residences within 100 feet
PUBLIC CONVENIENCE DETERMINATION: A determination of Public Convenience and Necessity is not required for this application.
Census Tract:
Boundaries:
Number of licenses allowed:
Number of licenses existing:
Police Reporting District:
Boundaries:
5768.02
7th Street/4th Street to the North
3rd Street to the South
Obispo Avenue to the East
Molino Avenue to the West
4 5
431
4th Street to the North
Broadway to the South
Temple Avenue to the East
Lindero Avenue/Carroll Park to the West
Reported crimes in this district for ABC purposes are 64. Crime in a reporting district must be at least 97 to qualify for a high crime protest.
Type of business:
Last day to request
conditions and protest:
A restaurant
April 9, 2022,
CITY OF
LONG Memorandum
Date: April 5, 2022
To: File
From: Jose Gonzalez, Detective, Vice Investigations Section Subject: SHADY GROVE - 2708 EAST 4TH STREET
CALLS FOR SERVICE/ARRESTS AND INVESTIGATIONS (2/18/21 - 2/18/22) None
ABC INSPECTIONS (Past three years)
Not applicable
RESIDENCES WITHIN 100 FEET
2730 East 4th Street
2720 East 4th Street
2716 East 4th Street
2712 East 4th Street
2708 East 4th Street
2644 East 4th Street
2638 East 4th Street
2636 East 4th Street
2632 East 4th Street
27 41 East De Soto Street
2737 East De Soto Street
2733 East De Soto Street
392 Molino Avenue
390 Molino Avenue
386 Molino Avenue
Multi-Unit Residence
Multi-Unit Residence
Multi-Unit Residence
Multi-Unit Residence
Multi-Unit Residence
Multi-Unit Residence
Single Family Residence
Single Family Residence
Single Family Residence
Multi-Unit Residence
Single Family Residence
Single Family Residence
Single Family Residence
Single Family Residence
Single Family Residence
CHURCHES, SCHOOLS, PARKS, HOSPITALS AND PLAYGROUNDS WITHIN 600 FEET None
AN EXCERPT FROM THE MINUTES OF
THE LONG BEACH CITY COUNCIL MEETING
HELD TUESDAY, APRIL 5, 2022
CONSENT CALENDAR: (05:27 PM)
22. (22-0372) Recommendation to receive the application of Shady Grove Oak Grill, Incorporated, dba Shady Grove, for an original application of an Alcoholic Beverage Control (ABC) License, at 2708 East 4th Street; submit a Public Notice of Protest to ABC; and, direct City Manager to withdraw the protest if a Conditional Use Permit Exemption (CUPEX) is granted. (District 2)
Suggested Action: Approve recommendation.
Motion: Approve Consent Calendar Items 1 - 19, 21 - 23.
Moved by Councilwoman Price, seconded by Councilman Austin.
Vote: Approve Consent Calendar Items 1 - 19, 21 - 23.(Carried 9-0) Yes: Councilwoman Zendejas, Councilwoman Allen, Councilwoman Price, Councilman Supernaw, Councilwoman Mungo, Councilwoman Saro, Councilmember Uranga, Councilman Austin, and Vice Mayor Richardson.
CERTIFIED AS A TRUE AND CORRECT COPY
_________________________
CITY CLERK OF THE CITY OF LONG BEACH
DATE: April 7, 2022
By: Kyle Smith, City Clerk Specialist
From: Fax2Mail powered by OpenText
To: Kyle J. Smith
Subject: City of Long Beach - Shady Oak Grill
Date: Thursday, April 7, 2022 10:24:21 AM
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