REVIEW OF UNCLASSIFIED USE PERMIT NO. 348
CATEGORICAL EXEMPTION
PERMITTEE: RAJIV DESAI
ADDRESS: 2748 E. GARVEY AVENUE SOUTH (FIVE-STAR INN)

Rebel Yell Bar and Steakhouse is located in the Stater Brothers Shopping Center at the northeast corner of Amar Road and Valinda Avenue. The 1,075 square foot restaurant tenant space faces Valinda Avenue and is approximately 40 feet from the adjacent single-family residential properties along Dore Street. Rebel Yell Bar and Steakhouse was approved as a restaurant with on-sale service of alcohol and live entertainment through Administrative Use Permit (AUP) No. 15-09 and Conditional Use Permit (CUP) No. 15-05 in 2015 (Resolution Nos. 15-5783 and 15-5784).  The approval of extended hours of operation (Sunday through Wednesday from 6 am to 12 am and Thursday through Saturday from 6 am to 2 am) was granted by the Planning Commission in 2018 (Resolution No. 18-5971). 

Upon a request from the WCPD, the Community Development Director and Planning Manager initiated the revocation proceedings per West Covina Municipal Code Section 26-297.08, due to evidence provided that the business operation is detrimental to the public health, safety, or welfare, is a public nuisance, and is not in compliance the CUP and AUP conditions of approval. 

On September 26, 2023, the Planning Commission held a duly noticed public hearing to consider revocation and/or modification of AUP No. 15-09 and CUP No. 15-05. Written notice of the public hearing and opportunity to appear was served on the permittee. Mr. Roque, and his attorney Gilbert Saucedo did appear and testified. The Planning Commission considered all evidence, written and spoken, including the staff report and testimony from staff, Lt. Travis Tibbetts of the West Covina Police Department, the permittee, Eric Roque and his attorney, Gilbert Saucedo, and all public hearing comments. 

Following the Planning Commission's review of all evidence and after fully considering and deliberating upon all written, verbal, and public comments received as evidence during the public hearing, the Planning Commission voted 4-1 to revoke AUP No. 15-09 and CUP No. 15-05. Pursuant to the requirements of West Covina Municipal Code 26-297(c) the decision of the planning commission shall be in writing, supported by findings, and approved by the commission within 30 days of the close of the public hearing or at the next regular meeting of the commission. Resolution No. 23-6132 is attached and has been prepared to reflect the Planning Commission's decision.  

Appeal Process for Planning Commission Decision
Per Section 26-297.18 of the WCMC, the Planning Commission's decision may be appealed to the City Council by any interested party within 10 days of the approval of the written decision. The appeal must be submitted to the City Clerk Office in writing and must include specific reasons for the appeal. The appeal is required to be accompanied by the appeal fee set by the City Council resolution. In addition, any appellant is required to deposit 1/2 of the estimated cost of the preparation of the administrative records for the city council appeal. Failure of the appellant to submit the required deposit within 10 calendar days of notification is considered a waiver and termination of the appeal. A valid appeal will suspend and set aside any decision made by the Planning Commission. 

Pursuant to the California Environmental Quality Act (CEQA), this item is considered to be categorically exempt, pursuant to Sections 15301 (Class 1, Existing Facilities) and 15321 (Class 21, Enforcement Actions by Regulatory Agencies).

It is recommended that the Planning Commission adopt Resolution No. 23-6132, revoking Conditional Use Permit No. 15-05 and Administrative Use Permit No. 15-09.