CC - 2022-68 - To Revise the Conditions of Approval of Modification 21-01, for The Friendly Inn. The Motel is Located at 2146 San Gabriel BoulevardRESOLUTION NO. 2022-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
TO REVISE THE CONDITIONS OF APPROVAL OF MODIFICATION
21-01, FOR THE FRIENDLY INN. THE MOTEL IS LOCATED AT 2146
SAN GABRIEL BOULEVARD
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, 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, on June 22, 2021, Mr. 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 at the end of the public hearing, directed staff to bring back
a resolution denying the appeal and supporting the approval of Modification 21-01 with amended
conditions of approval; and
WHEREAS, on July 27, 2021, City Council adopted City Council Resolution No.
2021-37, denying the appeal and supporting the approval of Modification 21-01 with amended
conditions of approval.
WHEREAS, Condition of Approval No. 10 allowed the applicant to request in writing that
the City Council conduct a public hearing on Modification 21-01 to determine whether to add,
revise, remove or continue conditions of approval based upon the operations of the facility at a
date shortly after five months from the effective date of City Council Resolution No. 2021-37; and
WHEREAS, on March 9, 2022, the City Clerk's Office received a letter of request for the
City Council to review the conditions of approval of Modification 21-01 from the Law Offices of
Frank A. Weiser, representing the business and property owners of the Friendly Inn; and
WHEREAS, the public hearing was duly noticed for April 12, 2022, however, on April 4,
2022, Mr. Weiser requested that the public hearing be continued to the April 26, 2022 City Council
Meeting; and
WHEREAS, on April 12, 2022, the City Council continued the duly noticed public hearing
the next regularly scheduled City Council Meeting of April 26, 2022; and
WHEREAS, on April 26, 2022, the City Council conducted the continued public hearing
and received oral and written testimony relative to Modification 21-01 and at the end of the public
hearing, the City Council elected to maintain the conditions of approval as adopted by City Council
Resolution No. 2021-37 with the exception of revising Condition of Approval No. 10 to allow the
applicant to request a review of the conditions of approval in six months. The City Council directed
its legal counsel to bring back a resolution with the amended conditions of approval with findings
at the next City Council Meeting; and
WHEREAS, on May 10, 2022, the City Council adopted City Council Resolution
No. 2022-25.
WHEREAS, Condition of Approval No. 10 allowed the applicant to request in writing that
the City Council 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 at a date shortly
after six months from the effective date of City Council Resolution No. 2022-25; 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 October 24, 2022, the City Clerk's Office received a letter of request for
the City Council to review the conditions of approval of Modification 2 1 -01 from the Friendly Inn;
and
WHEREAS, on December 1, 2022, 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 December 1, 2022, 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
Modification 21-01; and
WHEREAS, December 13, 2022, the City Council held a duly noticed public hearing and
received oral and written testimony relative to Modification 21-01; 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. Findings Regarding Conditions. The CITY COUNCIL 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, which 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
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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;
FINDING: The City Council finds that facts do justify "Findings A, C, and E". The City's
Sheriffs Department Team has conducted a comprehensive review of the crimes at the Friendly
Inn over the last five months (May 1, 2022 to October 31, 2022). The number of calls for
service/responses by the Los Angeles County Sheriff s Department Temple Station to the Friendly
Inn totals 19 calls for service/responses, in which two resulted in crime reports. The calls for
service/responses included one family disturbance call, three possible elder abuse calls, one
domestic violence call, six see the man calls, two suspicious person calls, two battery calls, and
four assist fire calls.
The City's Sheriffs Department Team believes the decrease in severity of the calls for
service/responses is due to the City's modification of the motel's security system, which includes
two armed security stationed in the parking lot 24 -hours a day, seven days a week and the
installation of a comprehensive surveillance camera system which the Sheriff s Department holds
direct access to. Although it would be ideal to continue the requirement of two armed security
guards, staff recognizes the financial burden that this requirement has imposed on the applicant.
Based on the decrease in number of calls for service/responses and severity of the calls, the City's
Sheriffs Department Team and staff are recommending that the City Council revise the security
guard requirement for the Friendly Inn. Due to the reduction in number of calls for
service/responses and decrease in severity of the calls, the City Council finds that the requirements
within Condition of Approval No. 21 can be revised to one armed security guard in the evening
hours from 10:00 p.m. to 6:00 a.m. and one unarmed security guard 6:00 a.m. to 10:00 p.m. to be
stationed in the parking lot at all times. The security plan be re-evaluated in six months upon
request of the applicant to determine if the condition for security should be altered at that time
based activity at the property.
SECTION 3. Approving Modification 21-01. The City Council adopts City Council
Resolution No. 2022-68 to revise the conditions of approval as shown in Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 4. Certification. The City Clerk shall certify to the adoption of this resolution
and hereafter the same shall be in full force and effect.
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PASSED, APPROVED, AND ADOPTED this 13th day of
APPROVED AS TO FORM:
Rachel Richman, City Attorney
Exhibit:
A; _ Conditions of Approval
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ATTEST:
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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. 2022-68, was duly adopted
by the City Council of the City of Rosemead, California, at a regular meeting thereof held on
the 130 day of December, 2022, by the following vote, to wit:
AYES: ARMENTA, CLARK, DANG, LOW, LY
NQ -ES: NONE
ASSENT: NONE
F."11". 1►1iU$120
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Ericka Hernandez, City Clerk
EXHIBIT "A"
(City Council Resolution No. 2022-68)
MODIFICATION 21-01
2146 SAN GABRIEL BOULEVARD
(APN: 5283-036-032)
CONDITIONS OF APPROVAL
December 13, 2022
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 2 1 -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 2022-68, 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.
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. After four months from the effective date of City Council Resolution 2022-68, 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 2022-68 and whether the
conditions stated in Resolution 2022-68 will continue to be appropriate to mitigate the
impacts of the subject property on a going -forward basis (Modified by the City Council on
December 13, 2022).
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.
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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 15` 2"a and 3`a
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 One armed security guard in the evening hours from 9:00 p.m. to 5:00 a.m. to
be stationed in the parking lot at all times (Modified by the City Council on
December 13, 2022).
o The security guard 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 guard 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.
22. There shall be installed in a manner which meets the approval of the Sheriff's
Department an automatic license plate reader. Such license plate reader shall be
operable 24 hours per day. The data from such license plate reader shall be made
accessible to the City's police department (Added by the City Council on December
13, 2022).
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