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PC - 2021-02 - Approving Modification 21-01, modifying Conditions of Approval of Conditional Use Permit 88-447 to impose updated and new conditions for the motel use located at 2146 San Gabriel Boulevard (APN: 5283-036-032) PC RESOLUTION 21-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 21-01, A MODIFICATION TO THE CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT 88-447 TO IMPOSE UPDATED AND NEW CONDITIONS FOR THE MOTEL USE. THE SUBJECT SITE IS LOCATED AT 2146 SAN GABRIEL BOULEVARD, IN A MEDIUM COMMERCIAL (C-3) ZONE (APN: 5283- 036-032). WHEREAS, on February 17, 2021, the City of Rosemead initiated a Modification application to amend Conditional Use Permit 88-447, by modifying all the conditions of approval. WHEREAS, 2146 San Gabriel Boulevard is located in a Medium Commercial (C- 3) Zone; WHEREAS, Section 17.168.030 of the Rosemead Municipal Code, allows the City's action to modify a permit or approval, instead of revocation, may include conditioning any operational aspect of the project, including buffers, duration of the permit or entitlement, hours of operation, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, or any other aspect/condition determined to be reasonable and necessary to ensure that the permit or approval is operated in a manner consistent with the original findings for approval. WHEREAS, Section 17.168.040(A)(1) of the Rosemead Municipal Code provides the findings to modify a Conditional Use Permit by the review authority that originally approved the permit, if the review authority first makes any one of the following findings: A. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation; B. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval; C. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any statute, ordinance, law or regulation; 1 D. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or E. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance; WHEREAS, on March 25, 2021, forty-seven (47) notices were sent to property owners within a 300-foot radius from the subject property, the notice was published in the Rosemead Reader on March 25, 2021, and notices were posted in five (5) public locations, specifying the availability of the application, and the date, time, and location of the public hearing for Modification 21-01; WHEREAS, on April 5, 2021, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 21- 01; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Modification 21-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act guidelines and a Class 9 Categorical Exemption, pursuant to Section 15309 of the California Environmental Quality Act guidelines. Section 15301 of the California Environmental Quality Act guidelines exempts projects consisting of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Section 15309 exempts projects consisting of activities limited entirely to inspections, to check for the performance of an operation, or the quality, health, or safety of a project, including related activities such as inspection for possible mislabeling, misrepresentation, or adulteration of products. Accordingly, Modification 21-01 is classified as Class 1 and Class 9 Categorical Exemptions, pursuant to Sections 15301 and 15309 of the California Environmental Quality Act. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 21-01, in accordance with Section 17.168.040(A)(1) of the Rosemead Municipal Code as follows: A. Rosemead Municipal Code Section 17.168..040(A)(1) provides the findings to modify a Conditional Use Permit by the review authority that originally approved the permit, if the review authority first makes any one of the following findings: 2 1. Circumstances under which the permit or approval was granted have been changed by the applicant to an extent that one or more of the findings that justified the original approval can no longer be made, and the public health, safety, and welfare require the modification or revocation; 2. The permit or other approval was granted, in whole or in part, on the basis of a fraud, misrepresentation, or omission of a material statement in the application, or in the applicant's testimony presented during the public hearing, for the permit or approval; 3. One or more of the conditions of the original permit or approval have not been substantially fulfilled or have been violated and/or the permit is in violation of any statute, ordinance, law or regulation; 4. An improvement authorized in compliance with the permit or approval is in violation of any applicable code, law, ordinance, regulation, or statute; or 5. The improvement/use allowed by the permit or approval has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a nuisance. FINDING: CUP 88-447 was approved in 1989 with limited conditions of approval. Due to the public safety concerns raised by the Chief of Police and Los Angeles County Sheriffs Department and violations with the Building and Safety, Planning, and Code Enforcement Divisions and Los Angeles County Department of Public Health, the motel operation is creating conditions materially detrimental to the public health, safety, and general welfare and creating a nuisance. Modification 21-01 will update and add new conditions to ensure the motel meets the operational code standards listed in Rosemead Municipal Code Chapter 5.42 (Business License and Regulations - Motels/Hotels) and Section 17.30.130 (Standards for Specific Land Uses - Hotels/Motels). This includes limiting the duration of stay to thirty days for all motel guests; requiring onsite management to be available 24-hours a day; providing housekeeping services; providing in-room telephone service; obtaining detailed registration of all guests and keeping records for three years; prohibiting food preparation equipment in guest rooms; and incorporating a security system designed to the satisfaction of the Chief of Police. SECTION 3. The Planning Commission HEREBY APPROVES Modification 21- 01, a modification to the conditions of approval of Conditional Use Permit 88-447 to impose updated and new conditions for the motel use at 2146 San Gabriel Boulevard, and subject to the conditions listed in Attachment "A" attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 —Appeals of Decisions. 3 SECTION 5. This resolution is the result of an action taken by the Planning Commission on April 5, 2021, by the following vote: AYES: BERRY, LEUNG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE SECTION 7. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 5th day of April, 2021. Danie pez, hair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 5th day of April, 2021 by the following vote: AYES: BERRY, LEUNG, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: NONE SA1111( /14p.3 Ingca Frausto-Lupo, Secreta APPROVED AS TO FORM: / Kane Th ie 'lanning Com 4: ion Attorney Burke, Williams & Sorensen, LLP 4 ATTACHMENT "A" (PC RESOLUTION 21-02) MODIFICATION 21-01 2146 SAN GABRIEL BOULEVARD (APN: 5283-036-032) CONDITIONS OF APPROVAL APRIL 5, 2021 1. The property is maintained according to the site plan submitted 11-2-88, marked Exhibit B (original condition of Conditional Use Permit 88-447). Any revisions to the approved plans must be resubmitted for the review and approval of the Planning Division. 2. Modification 21-01 is a modification to the conditions of approval of Conditional Use Permit 88-447 to impose updated and new conditions for the motel use. The conditions of approval of Modification 21-01 shall supersede the conditions of approval of Conditional Use Permit 88-447. 3. The operator of the motel must obtain and maintain a valid City of Rosemead business license. The motel shall be operated in compliance with the operational standards and requirements provided in Chapter 5.42 (Motels and Hotels) and Section 17.30.130 (Hotels/Motels) of the Rosemead Municipal Code. 4. Approval of Modification 21-01 shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 5. Project is granted or approved by the City, and its Planning Commission and City Council, retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Project. 6. The applicant(s) shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, 5 or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 7. The applicant(s) shall comply with all Federal, State, and local laws relative to the approved use, including the requirements of the Planning Division, Building and Safety Division, Code Enforcement Division, Los Angeles County Sheriffs Department, Los Angeles County Fire Department, and Los Angeles County Department of Health Department. 8. The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications. 9. The Building and Safety Division, Planning Division, and Public Safety Department shall have access to the project site at any time to conduct inspections. 10. The Planning Commission shall conduct a six-month review of Modification 21-01 within six (6) months of the approval date. 11. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 12. The site shall be maintained in a graffiti-free state. Any graffiti shall be removed within twenty-four (24) hours. 13. The site shall be maintained in a clean, weed, and litter free state in accordance with the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times and the doors shall be self-closing and self-latching. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. 14. The parking area, including handicapped spaces, shall be paved, and re-painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 15. All landscaping shall be maintained in a neat and healthy condition. 16. All dilapidated awnings shall be removed and replaced. 17. All exterior light fixtures onsite shall be repaired and maintained. 6 18. Adequate lighting shall be maintained within the motel and adjacent parking areas. 19. No exterior vending machines shall be permitted. 20. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. Chief of Police Conditions of Approval 21. The security system shall be designed to the satisfaction of the Chief of Police. The following security measures shall be incorporated into the motel: • Security Cameras o Ten (10) surveillance cameras placed on each floor. o Eight (8) surveillance cameras placed in parking lot. o Four (4) surveillance cameras placed on perimeter of the building. o Two (2) surveillance cameras placed in the lobby. o One (1) surveillance camera in elevator. o One (1) surveillance camera in each stairwell covering 1st, 2nd, and 3rd floors. Cameras shall monitor a person walking the stairwell from first floor all the way up to third floor. o Surveillance cameras must be able to zoom in and provide clear images. o Surveillance cameras must capture license plates and facial images of all guests arriving and departing location. o Surveillance footage must be stored for 90 days and made immediately available to law enforcement or code enforcement. o Remote access to surveillance must be given to law enforcement. • Security Guards o Four-armed security guards must be stationed in the parking lot at all times (Modified by the Planning Commission on April 5, 2021). o The security guards will be responsible for ensuring only registered motel occupants and their registered guests with a valid government issued I.D. be allowed on the premises. o The security guards will check in and check out every vehicle arriving and leaving the motel. • Signage o Install signs throughout the property indicating the location is monitored by surveillance and/or law enforcement. o Install signs at each entrance, exit, and throughout the property, indicating that only registered motel occupants and their registered guests are allowed on property. o Install no loitering and no trespassing signs.