CONDITIONAL USE PERMIT 23-01
Recommended Conditions of Approval
Project: A REQUEST TO OPERATE A CLUB AS DEFINED BY THE SIGNAL HILL MUNICIPAL CODE AND TO ALLOW LIMITED LARGE EVENTS AND USE OF THE ADJACENT PRIVATE CITY PARKING LOT PURSUANT TO AN EXECUTED LICENSE AGREEMENT Location: 2201 CHERRY AVENUE
Property Owner: LONG BEACH FIREFIGHTERS ASSOCIATION CORPORATION Agent/Applicant: KEVIN SCOTT
The applicant/owner shall indemnify, protect, defend, and hold the City of Signal Hill (City), and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and other such procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Community Redevelopment Law, Code of Civil Procedure Sections 1085 or 1094.5, or any other federal, state, or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant/owner shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action. This provision to indemnify shall survive the expiration, termination, suspension or revocation of this permit.
Approval of Conditional Use Permit (CUP) 23-01 is subject to Planning Commission review and recommendation to City Council for final determination and approval.
Large events are allowed, as provided herein (condition numbers 1-13), as long as the City and LBFFA have a valid, executed parking license agreement in place that allows the LBFFA to use the City’s parking facilities for such large events. If the parking license agreement is no longer valid due to, among other things, termination, expiration, suspension or other reasons, then the LBFFA shall cease holding large events unless and until a new agreement is executed by the parties. Alternatively, LBFFA may find alternative parking area(s) for their large events, however, such alternative parking shall be approved by the City in its sole and absolute discretion.
The Community Development Department shall provide a progress report to the Planning Commission at a duly noticed public meeting following the applicant holding a neighborhood meeting that shall be required after three large events have been held. A large event is defined as any meeting, gathering or activity involving 55 attendees or more. A small event is defined as any meeting, gathering or activity involving less than 55 attendees. The progress report shall include the following without limitation: adherence to large event conditions of approval, maintenance conditions of the site, any reports of concern received from the public and determined by the Community Development Director to be nuisances. If multiple unresolved nuisances are documented, the item may be scheduled for review by the City Council who may modify the conditions of approval, or ultimately revoke the CUP pursuant to Signal Hill Municipal Code (SHMC) Section 20.64.120.
The Community Development Department shall inspect the subject premises and report to the City Council on an annual basis during the CUP annual review, regarding the applicant’s compliance with these conditions. The City Council may modify or add additional conditions, if necessary. If any violations of these conditions have occurred and have not been corrected, the CUP may be scheduled for revocation pursuant to SHMC 20.64.120 or other appropriate action may be taken.
The club and office commercial operations shall have and maintain a valid City business license at all times. Business licenses are administered by the City’s Finance Department.
In accordance with the applicant’s testimony to staff, liquor consumed at the LBFFA’s club location is not sold. Therefore, a license from the State Department of Alcoholic Beverage Control (ABC) is not required at this time. However, if at any time the LBFFA wish to hold events that include the sale of alcoholic beverages, an amendment to the CUP may be required and a license from ABC shall be obtained. A copy of the ABC license shall be submitted to the City, and a current license shall be displayed on the premises at all times.
Pursuant to the SHMC, a building permit is required for the installation of the two mechanical doors for the tuck-under parking garage. An after-the-fact building permit for the garage doors shall be applied for, any corrections completed, and the permit finaled within two months from the date of the Planning Commission public hearing of June 20, 2023.
Should the City receive reports of concern, deemed by the Director of Community Development to be nuisances, the applicant shall work with staff to mitigate the nuisances by all reasonable measures, including but not limited to: reducing the hours of events, modifying the number and size of events, or, if deemed necessary by the Director of Community Development, paying the cost to have an acoustical study prepared to determine whether a violation of the City’s Noise Ordinance exists, and if the study shows there are violations, by implementing all mitigation measures recommended by the study.
Large Event Information Package (55 or more attendees)
A large event is defined as any meeting, gathering or activity involving 55 attendees or more. A small event is defined as any meeting, gathering or activity involving less than 55 attendees.
11. As noted in condition number 12, a limited number of large events are allowed per calendar year. In addition, no large event shall be held, nor City parking lots utilized during or in close occurrence with City events that will make use of the City parking lots. The prohibited times for the LBFFA large events shall be the following but shall not exclude additional times deemed “in close occurrence” to other City events not listed, as determined by the Community Development Director. The City, at its sole discretion, may add, remove, or schedule on times outside of the list, below.
Spring Fest – Typically the Saturday before Easter.
Concerts in the Park – The first Wednesday after July 4th for 6 Wednesdays Movies in the Park – Three dates pending
Halloween Carnival – Typically the weekend before Halloween Tree Lighting Ceremony – Typically the first Wednesday after Thanksgiving Mayor’s Reception – Typically the second Wednesday in December Santa’s Workshop – The Wednesday before Christmas
12. The applicant may hold a maximum number of 10 Large Events per calendar year at the site. To hold a Large Event, the applicant shall submit to the City a Large Event Information Package for events estimated to have 55 or more attendees, a minimum of 72 hours prior to holding any large event and preferably as soon as the LBFFA has been made aware of the request for the event and include details provided to the LBFFA. At a minimum the package shall include the following:
An Event Notice – A minimum 72-hour notice to the City of the event and confirmation that the event date does not overlap or occur just before or after any of the City events noted in condition number 10. Notice of event does not automatically assume approval of the event.
An Event Deposit – A deposit of $2000 shall be made with submittal of the first Application of a Large Event to cover staff time for review, noticing, and inspections. The deposit will be charged on a “time and material” basis. The applicant shall replenish the deposit annually, or as needed, in the City’s sole discretion. Upon a written request by the City to the applicant to replenish the deposit, the applicant shall submit the requested amount to the City within five business days. If the deposit is not replenished as required, the City has the discretion to postpone any review of an application unless and until the deposit is replenished.
An Event Description – A narrative description of the event, noting the type, date and hours of the event, whether alcohol will be served, the estimated number of attendees, type of live music, and if live music, the number of musicians, and a contact name and number of a LBFFA member who will be on site during the entire event to take any reports or inquiries from the public.
A Large Event Calculation – The total number of large events previously held in the calendar year (No more than 10 large events are permitted in a calendar year).
Notice Confirmation – Pursuant to the procedures of the executed parking License Agreement with the City, the applicant shall on an annual basis, commencing the date of the CUP approval by City Council, provide confirmation that they have notified the neighbors of their club status and intended event activities and that they have provided current contact information for any inquiries or concerns during all events. Notices would be mailed to all property owners on Legion Drive, all property owners on the east side of Rose Avenue, all property owners on the north side of E. Hill Street between Legion Drive and Rose Avenue, the Community Development Director at City Hall, and the Director of Parks, Recreation, and Library Services at the Public Library. Applicant shall adhere to all conditions listed in the License Agreement.
Parking, Traffic Management, Security – For all large events, the applicant shall provide at least 1 parking attendant. If the City parking lots have been approved for use, the parking attendant shall be stationed on the City lot(s). The company or individual name, contact information, location assigned, and number of all parking attendants, crossing guards, for access across Legion Drive, and any security personnel who will assist during the event shall be provided. Such parking, traffic, or security personnel shall be required to be in place a minimum of 30 minutes prior to the beginning of the event, and to remain on duty until the last event attendee and LBFFA member has left the property and City parking lots. If an evening event, parking attendant must also remain on site until the LBFFA building is closed Confirmation of Parking Order – A statement that all 26 parking spaces in the LBFFA tuck-under parking garage will be available and will be parked prior to use of the City parking lots and that parking spaces in the City lower parking lot will be parked before use of spaces in the City upper parking lot, and finally confirmation that no parking will be allowed in the northerly three parking spaces in each row of the City upper lot. Those spaces shall be blocked off and monitored by the parking attendant during the event. Applicant shall also comply with any and all conditions as set forth in the License Agreement.
Event Signage – A site plan and sign design for temporary signage for the event parking (not located within the street or sidewalk areas) directing parking into the tuck-under garage first, then the City lower parking lot, and finally in the City upper lot and including signage design and placement for the upper lot prohibited parking spaces.
Conditions of Approval to Address Nuisances
13. The following nuisance abatement conditions shall apply to all events whether large or small:
The LBFFA shall provide notice to the City of all events both large and small, within a minimum of 72 hours prior to the time of the event and preferably as soon as the event has been accepted and details provided to the LBFFA.
All events may only be held between 8 A.M. and 9 P.M. Monday through Friday, and 9 A.M. to 10 P.M. on Saturday, with no events on Sunday.
No more than 10 large events (55 attendees or more) may be held within each calendar year and are subject to City approval.
Pursuant to the procedures of an executed parking License Agreement with the City, the applicant shall on an annual basis, commencing the date of the CUP approval by City Council, provide confirmation that they have notified the neighbors of their club status and intended event activities and that they have provided current contact information for any inquiries or concerns during all events. Notices shall be mailed to all property owners on Legion Drive, all property owners on the east side of Rose Avenue, all property owners on the north side of E. Hill Street between Legion Drive and Rose Avenue, the Community Development Director at City Hall, and the Director of Parks, Recreation, and Library Services at the Public Library.
Should the City receive noise or other reports of issues of concern, that are deemed nuisances pursuant to the SHMC, City staff will work with the applicant to mitigate the concerns by all reasonable measures including but not limited to reducing or eliminating the music, reducing the event hours, size, or number, or if necessary, as recommended by the Community Development Director and approved by the City Council, eliminating events altogether.
The applicant shall hold a noticed neighborhood meeting at the LBFFA site, following the completion of three large events, to obtain input from the public regarding any impacts they have experienced. Notices shall be mailed to all property owners and residents on Legion Drive and to all property owners within a 300’ radius of the LBFFA site ten days in advance of the meeting date. The applicant shall provide a summary report of the meeting to the Director of Community Development, to be shared with the Planning Commission and the City Council during the CUP annual review, or sooner if determined necessary by the Director of Community Development.
End of Conditions
I HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE AFOREMENTIONED CONDITIONS OF APPROVAL AS HEREIN STATED. 07/07/2023
Applicant Signature Date
Kevin Scott
Secy/Treasurer Long Beach Firefighters Association
Applicant Print Name
Exhibit A