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HomeMy WebLinkAbout7-12-11MINUTES ARCADIA PLANNING COMMISSION AND BUSINESS PERMIT AND LICENSE REVIEW BOARD Tuesday, July 12, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission and Business Permit and License Review Board of the City of Arcadia met in regular session on Tuesday, July 12, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE Chairman Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Beranek, Chiao and Parrille ABSENT: Commissioner Baerg MOTION: It was moved by Commissioner Baderian and seconded by Commissioner Beranek to excuse Commissioner Baerg from the meeting. Without objection the motion was approved. REORGANIZATION: Chairman Parrille called for nominations for Chairman and Vice - Chairman of the Planning Commission and Modification Committee. Commissioner Beranek nominated Commissioner Baerg for Chairman and Commissioner Baderian nominated Commissioner Chiao for Vice - Chairman. Without objection, the nominations were approved and the nominees elected. OTHERS ATTENDING City Attomey, Steve Deitsch Assistant City Manager /Development Services Director, Jason Kruckeberg Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Nick Baldwin Business License Officer, Silva Verge! Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARINGS BUSINESS PERMIT AND LICENSE REVIEW BOARD HEARING 1. YUSANG TANG ACUPUNCTURE CENTER 608 E. Live Oak Ave. Zhen Qing Cao This is an appeal of a business license revocation for non - compliance with the City of Arcadia Business License regulations by Yu Sang Tang Acupuncture Center. Business License Officer, Silva Verge!, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if the Board Members had any questions. Commissioner Beranek asked to verify that revocation of this business license would remain in effect for three years. Mr. Deitsch confirmed the timeframe and noted that, should the State rescind the termination of the appellant's acupuncture license, the business could reopen at that time. The public hearing was opened. Chairman Parrille asked if there was anyone who would like to speak in favor of this appeal. Mr. Craig Moreno represented the applicant. He said that Ms. Cao's acupuncture license was terminated by the State based on false allegations. Mr. Moreno pointed out that Ms. Christie Brothers of the Acupuncture Board told him that Ms. Cao's license could be reinstated once her application for a review of the case is received. He also said that the landlord should have waited until after this hearing before evicting Ms. Cao from her place of business. Mr. Deitsch asked if Ms. Cao had ever been convicted of prostitution and, if so, when. Mr. Moreno said that in 2001 Ms. Cao was convicted of prostitution but she was framed due to a language barrier and the eagerness of law enforcement personnel to make an arrest. He said that Ms. Brothers of the Acupuncture Board was aware of this charge. Mr. Deitsch asked if there were any other convictions. Mr. Moreno said there was another conviction in 2007 but he did not know what the charges were. He mentioned that Ms. Cao obtained a degree and said that the school she attended should have screened her before accepting her as a student. Mr. Deitsch asked if Ms. Cao had informed the State Acupuncture Board of these convictions. Mr. Moreno said that the Board was notified of all convictions. PC MINUTES 7 -12 -11 Page 2 Mr. Deitsch asked if Ms. Cao notified the State Board of these convictions when she applied for her license. Mr. Moreno said the State Board is aware of the convictions. Mr. Deitsch again asked if Ms. Cao notified the State Board of the convictions. Mr. Moreno said it doesn't matter because they were aware of the convictions and if there was a problem they should have notified Ms. Cao. Mr. Deitsch asked what the status of Ms. Cao's State license is today. Mr. Moreno said Ms. Cao's State license is revoked. He said she has a new lawyer and will try to have her license reinstated. He explained that Ms. Cao left the country and while she was gone, her license was revoked. He restated his opinion that Ms. Cao is not being treated fairly. Mr. Deitsch asked if Ms. Cao speaks English or if there is someone present who could translate for her. Mr. Moreno said Ms. Cao's son, David, could translate. Mr. Deitsch asked if Ms. Cao is willing to speak for herself. Mr. Moreno said there is no need for her to do so. Mr. Deitsch asked if Ms. Cao is unwilling to come to the microphone to address the issue herself. Mr. Moreno said there is no need for her to do so because he has already spoken for her. Mr. Moreno said that the license could be reinstated at any time and that Ms. Cao is not interested in practicing in Arcadia. He also said that the landlord should have been notified of the hearing and should have allowed Ms. Cao another fifteen days before evicting her. He stated once again that there was no need for Ms. Cao to speak for herself. Commissioner Chiao requested a short recess to confer with Mr. Deitsch. The meeting was resumed and Commissioner Chiao recused himself because of a possible conflict of interest. Commissioner Chiao left the Chamber. Mr. Morena said that when Ms. Cao applied for her City business license, her acupuncture license was valid. He said she went to court and submitted the necessary paperwork to the clerk explaining her absence from the country and the clerk told her that the case would resume upon her return. However, he said, when she returned they had already had the hearing and revoked her acupuncture license. Mr. Morena said that Ms. Cao has not had the opportunity to defend her position in this matter although she has spent a great deal of money on this issue. He summed up by restating that he and Ms. Cao don't care if she practices in the City or not. Mr. Deitsch asked Mr. Moreno what his relationship is to Ms. Cao. Mr. Moreno said that Ms. Cao is his wife. PC MINUTES 7 -12 -11 Page 3 Chairman Parrille asked if there was anyone who wanted to speak in opposition to this appeal. There were none. MOTION: It was moved by Board Member Baderian to close the Public Hearing. Without objection the motion was approved. MOTION: Based on the information provided by staff and the business owner, it was moved by Board Member Beranek, and seconded by Board Member Baderian, to deny the appeal and uphold the revocation of Yu Sang Tang Acupuncture Center's business license and deny the business owner, a license to own or operate a business in the City of Arcadia for a period of one (1) year. ROLL CALL AYES: Board Members Baderian, Beranek and Parrille ABSENT: Board Member Baerg RECUSED: Board Member Chiao There is a ten (10) day appeal period after the appellant receives notice of the approval /denial of the appeal. Commissioner Chiao returned to the meeting. PLANNING COMMISSION HEARING 2. MODIFICATION APPLICATION NO. MP 11 -04 AND SINGLE - FAMILY ARCHITECTURAL DESIGN REVIEW NO. SF ADR 11 -49 1508 S. Second Ave. Kurt Von Hatten, Architect The applicant is requesting a Modification for a 32' -0" front yard setback from Second Avenue in lieu of the 62' -6" average of the adjacent properties as required by Code, and Architectural Design Review approval for a proposed 5,840 square -foot, two -story residence on an R -1 zoned lot. Assistant Planner, Nick Baldwin presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Pamela Dart said that she is the daughter of Irene Dart, who lives at 1502 S. Second Avenue, neighbor to the project site. Ms. Dart said her mother has lived in her home for many years and while she is pleased to see the property redeveloped, she is concerned about the front yard setback of the proposed residence. PC MINUTES 7 -12 -11 Page 4 Mr. Baldwin said the requirement for a front yard setback is 32 feet and the rear yard setback is 62 feet at this site. Mr. Kasama explained that at present the setback is 51 feet from the curb and the proposal is for an additional 4 feet further back. Ms. Dart said she was concerned that the view backing out of her driveway would be obstructed; but now, she understands that it would not. Mr. Kurt Von Hatten, of KVH Design, said that they are trying to improve the architectural design of local projects. And, in this particular case there is a lot of justification for the proposed modification. He offered to review the plans with Ms. Dart and her mother. Chairman Parrille asked if anyone wanted to speak in opposition to this project. None MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Chiao to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve Modification Application No. MP 11 -04 and Single - Family Architectural Design Review No. SF ADR 11-49 subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao and Parrille ABSENT: Commissioner Baerg There is a five working day appeal period after the approval/denial of the applications. Appeals are to be filed by 5:30 p.m. on Wednesday, July 20, 2011. CONSENT ITEM 3. MINUTES OF JUNE 28, 2011 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Chiao, to approve the minutes of June 28, 2011 as presented. ROLL CALL: AYES: Commissioners Baderian, Beranek, Chiao and Parrille ABSENT: Commissioner Baerg PC MINUTES 7 -12 -11 Page 5 MATTERS FROM CITY COUNCIL & PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that the Modification Committee meeting was cancelled. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama reported that the next City Council meeting will be on July 19 and includes a Study Session on the new Homeowners Association Resolution. The Study Session will begin at 5:00 p.m. The next Planning Commission agenda will include two Text Amendments, one for Santa Anita Race Track and the other covering numerous, clean -up items. ADJOURNED 7:35 p.m. ATTEST: Secretary, anning Commission / / Ilie /..►.i A.- a , PI ing Commission PC MINUTES 7 -12 -11 Page 6