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CC - 2021-37 - Approving Modification 21-01 with Revised Conditions of Approval to Thereby Amend Conditional Use Permit 88-447 for the Motel at 2146 San Gabriel Boulevard (_The Friendly Inn_)RESOLUTION NO. 2021-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO APPROVE MODIFICATION 21-01 WITH REVISED CONDITIONS OF APPROVAL TO THEREBY AMEND CONDITIONAL USE PERMIT 88-447 FOR THE MOTEL AT 2146 SAN GABRIEL BOULEVARD ("THE FRIENDLY INN") WHEREAS, on April 5, 2021, the Planning Commission adopted Planning Commission Resolution No. 21-02, approving Modification 21-01 with the amendment to Condition of Approval No. 21 by adding two additional armed security guards; and WHEREAS, on April 8, 2021, the City Clerk's Office received a letter of appeal from the Law Offices of Frank A. Weiser, representing the business and property owners of the Friendly Inn; and WHEREAS, Section 17.160.050 of the Rosemead Municipal Code provides the criteria for filing and processing of appeals; and WHEREAS, Section 17.168.030 of the Rosemead Municipal Code, allows the City's action to modify a permit or approval, instead of revocation, and allows 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; and 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; 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 June 10, 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 June 10, 2021, and notices were posted in six (6) public locations, specifying the availability of the application, and the date, time, and location of the public hearing for the appeal of Modification 21-01; and WHEREAS, on June 22, 2021, the City Council held a duly noticed public hearing and received oral and written testimony relative to the appeal of Modification 21-01; and WHEREAS, Mr. Frank Weiser requested that the City Council continue the public hearing, and that if the Council continued the public hearing that he would provide written notice to all inhabitants of the subject property and notify them of their opportunity to comment on the proposed modification; and WHEREAS, the City Council continued the public hearing to July 13, 2021; and WHEREAS, on July 13, 2021, the City Council conducted the continued public hearing and allowed additional testimony; and WHEREAS, the City Council has sufficiently considered all testimony and all other information presented to them in order to make the following determination. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CEQA. The CITY COUNCIL HEREBY DETERMINES that Modification 21-01 is classified as a Class 1 Categorical Exemption, pursuant to Section 15301 of the California Environmental Quality Act (CEQA) guidelines and as a Class 9 Categorical Exemption, pursuant to Section 15309 of the CEQA Guidelines. Section 15301 of the CEQA 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. Finding of Nuisance. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts exist to justify the Planning Commission's decision to approve Modification 21-01, in accordance with Rosemead Municipal Code Section 17.168.040(A)(1)(e). The City Council finds as follows: 2 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. The City Council makes this finding for multiple independent reasons. First, the property has been the nexus for number of crimes in recent years. For example, the sheriff reported 178 calls for service between January 1, 2019 through May 31, 2021. During that time, crimes associated with the use of the property included two murders, three shootings, six aggravated assaults, twelve stolen/recovered vehicles, six narcotics related arrests, in addition to other crimes. Second, not only are such crimes detrimental to the health, safety and welfare of the people that utilize the property, but the use has also created a nuisance to neighboring properties. For example, not only are the neighbors impacted by the crime occurring on the property, but the motel property has caused spillover effects onto neighboring properties. Neighbors have complained of motel visitors dumping their trash on neighboring properties, causing excessive noise. The crimes occurring on the property rightfully have caused members of the public who live nearby to rightfully fear for their safety. Third, the motel property itself is a danger to the public health, safety and welfare and constitutes a nuisance because its rooms have been operating in violation of laws, in particular, those relating to public health, safety and welfare. As evidenced by myriad building permit applications, and subsequent visits by the building official consistent with those permit applications, the property itself has been operated in a substandard manner, and without all legally required fire/life safety devices including missing smoke detectors and with hazardous ungrounded or mis-wired electrical receptacles. Various rooms have been operated without required smoke alarms, and/or excessive storage. Fourth, in addition to the violations of applicable health and safety standards, the property has been operated in violation of multiple other laws, including those applicable to the limitations on hotel tenancies. SECTION 3. Findings Regarding Conditions. The City Council also finds that Modification 21-01, with the conditions as revised by the City Council, 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. The City Council also finds that the proposed conditions are related in scope and nature to the impacts of the property's use as a motel. The Council specifically finds that the requirements within Condition 21 are necessary and appropriate to cause the property to not be determinantal to the public health, safety, or welfare and to cause the manner of operation to not operate as a 3 nuisance. The council recognizes that compliance with this condition will cost money, but concludes that these requirements are reasonable, proportionate, and in no way excessive given: (a) the severity and the number of crimes occurring at the subject property, (b) these crimes have occurred over a multiple years and are therefore have not constituted a temporary phenomenon is likely to immediately dissipate; (c) the cost of the time and effort of police, code enforcement, city administration, and public health response to the property has been substantial and serves as a good barometer of the public costs imposed by the property on the public; and (d) the value of human life, public safety and welfare is sacrosanct and should be protected if at all possible. The Council also recognizes that the need for all such conditions might reduce over time, and that a minimum one-year period is the appropriate amount of time to determine whether the conditions imposed have been sufficient to adequately protect the public, and whether such conditions should be amended or possibly even reduced to lessen the cost on the applicant. SECTION 4. Approving Modification 21-01. The City Council HEREBY UPHOLDS the Planning Commission's decision to approve Modification 21-01 based on the reasoning in this Resolution, except that the conditions of approval are revised to instead read as shown in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 5. Certification. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 27th day of July, 2021. APPROVED AS TO FORM: Rachel Richman, City Attorney Exhibit: A. Conditions of Approval El ATTEST: Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2021-37, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 27th day of July, 2021, by the following vote, to wit: AYES: ARMENTA, CLARK, DANG, LOW NOES: NONE ABSENT: LY ABSTAIN: NONE Ericka Hernandez, City Clerk E ATTACHMENT "A" (City Council Resolution 2021-37) MODIFICATION 21-01 2146 SAN GABRIEL BOULEVARD (APN: 5283-036-032) CONDITIONS OF APPROVAL July 27, 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. Starting on the 11th day after the City Council approved Resolution 2021-37, the applicant(s) shall not operate the motel unless the applicant(s) have filed with the City of Rosemead a notarized affidavit stating that he/she is aware of all of the conditions of approval as set forth in this list of conditions. 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, 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. 6 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 Sheriff's 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. If requested in writing by the applicant, at a date shortly after 5 months from the effective date of City Council Resolution 2021-37, the City Council shall conduct a public hearing on Modification 21-01 to determine whether to add, revise, or remove conditions of approval based upon the operations of the facility during the period since the effective date of Council Resolution 2021-37, and whether the conditions stated in Resolution 2021-37 will continue to be appropriate to mitigate the impacts of the subject property on a going - forward basis. 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. 7 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 lsr 2°d and 3`d 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 Two -armed security guards must be stationed in the parking lot at all times. o The security guards will be responsible for ensuring only registered motel occupants and their registered guests with a valid government issued 1. 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.