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AGENDA
ITEM NO. 4
DATE: February 11, 2025
 

PLANNING DEPARTMENT STAFF REPORT

SUBJECT

REVIEW OF UNCLASSIFIED USE PERMIT NO. 348
CATEGORICAL EXEMPTION
PERMITTEE:
  Roger Desai
ADDRESS: 2748 E. Garvey Avenue South (Five Star Inn)

BACKGROUND

Five Star Inn is located on the south side of East Garvey Avenue South, mid-block between Citrus Avenue and Barranca Street, in the Service Mixed Use (SMU) Zone. The site is adjacent to Crestview Cadillac to the west, Days Inn Motel to the east, and Walnut Creek Wash to the south (rear). The closest residential property to the site is located approximately 64 feet to the south, across Walnut Creek Wash. 

Unclassified Use Permit (UUP) No. 348 (Resolution No. 12-87-3579 is included as Attachment No. 1) was approved on December 2, 1987, which allowed the construction of a 76-unit motel (including one manager quarter unit). Revision 1 for UUP No. 348 was approved on April 5, 1989 (Resolution No. 4-89-3728 is included as Attachment No. 2), which reduced the number of units from 76 to 75 (including one manager quarter unit). The conditions of approval included in both resolutions are standard conditions tied to the construction of the building. Special conditions of approval pertaining to the operation of the use were not added at the time of approval. 


At the August 13, 2024, Planning Commission Meeting (staff report is Attachment No. 3), the Planning Commission received information on the operations of the Five-Star Inn, including Code Enforcement case and Police Department calls for service history. The Planning Commission directed staff to bring back the review of the business operations in five months from the time the Planning Commission last conducted the review. 

DISCUSSION


Code Enforcement 
Since the August 13, 2024, Planning Commission Meeting, the one long-standing code enforcement case remains open for the site (opened May 3, 2023). The code enforcement case remains open because as some violations are addressed, new violations are also observed. The following is a list of violations observed at the site since August 2024:
  • August 30, 2024 - Green swimming pool
  • September 17, 2024 - Graffiti on wall; swimming pool was cleaned
  • September 21, 2024 - Green swimming pool and unpermitted roll-off bin (10/10/2024 violations addressed)
  • October 28, 2024 - Walkways are being blocked by items left out by residents
  • October 30, 2024 - Loud music
  • November 6, 2024 - Illicit discharge, graffiti, windows without protective screens, abandoned shopping carts, piles of trash, loitering, improperly connected equipment in laundry room, improperly stored water heater, expired fire extinguishers, dead landscaping, loitering, and a transit van dropping off a person from Union Station Los Angeles.
  • November 26, 2024 - Numerous bicycles stored, outdoor storage, and individuals/families occupying multiple rooms for extended duration
  • January 16, 2025 - Business owner's contract with a nonprofit that dropped off unhoused individuals to the site for temporary housing appears to have ceased; there is still graffiti and dirt on floors.
  • February 3, 2025 - Graffiti has been abated and window screens have been added
Per Section 26-30 of the WCMC, the definition of "motel" in the WCMC is a group of attached buildings containing individual sleeping units or suites available to the transient public for compensation where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients where such an individual remains as a guest of the establishment less than thirty (30) days; and such words of this definition shall include motor lodges. Since Five Star Inn has housed long-term residents (other than the manager) that have been residing in the building for longer than 30 days, the business has been in violation of its UUP. 

According to the business owner, long-term tenants are mostly removed, and all homeless voucher programs have been terminated. 

Police Department Calls for Services

There have been 90 calls for service for the site from January 2024 to January 2025, and 95 calls for services from January 2023 to December 2023. A summary of the Police Department calls for service is included in this report as Attachment No. 4.

Process for Revocation or Modification of Use Permit
Per Section 26-269 of the West Covina Municipal Code (WCMC), revocation proceedings may be initiated by a majority vote of a quorum of the City Council or the Planning Commission or by the Community Development Director or their designee. 

The Planning Commission may revoke, amend, or suspend the UUP upon finding that:
  1. The use is detrimental to the public health, safety or welfare or is a nuisance; or
  2. The permit was obtained by fraud; or
  3. The use has not been exercised prior to the expiration date of the permit; or
  4. The use has ceased or been suspended for a period of six (6) months or more; or
  5. The conditions of approval have not been complied with; or
  6. The required findings for the permit have been violated; or
  7. The use is not being operated in the manner or for the purpose contemplated by the approval of the permit; or
  8. The development entitlement dependent thereon has been revoked or suspended; or
  9. The use is being operated in violation of any federal, state or local law which results in detriment to public health, safety or welfare.
Alternatively, the Planning Commission may modify the UUP by adding conditions of approval. 

The purpose of this item is to provide the Planning Commission with the information requested previously. However, if the Planning Commission directs staff to start the UUP modification or revocation process, staff will provide the proper public hearing notification to review the UUP and set the matter for hearing at a future Planning Commission meeting date. 

ENVIRONMENTAL DETERMINATION

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

LEGAL REVIEW:

It is recommended that the Planning Commission discuss UUP No. 348 and UUP No. 348 Rev. 1. The Planning Commission may direct staff to start the UUP modification or revocation process with the proper public hearing notification.


 
Submitted by:
Jo-Anne Burns, Deputy Community Development Director

Attachments