HomeMy WebLinkAbout7394RESOLUTION NO. 7394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DENYING THE APPEAL OF THE BUSINESS PERMIT AND
LICENSE REVIEW BOARD DECISION AND UPHOLDING THE
REVOCATION OF THE BUSINESS LICENSE FOR SAYBROOK MEDIA
GROUP INC. AT 529 LAS TUNAS DRIVE
WHEREAS; on January 7, 2020, the City issued a business license to Saybrook
Media Group Inc. (herein referred to as "Saybrook") at 529 Las Tunas Drive, for general
office use only. The subject business address is zoned C-O Professional Office; and
WHEREAS, on April 20, 2021, a Notice of Violation ("NOV") was issued to
Saybrook since they had an online advertisement for a "live-in" position and residential
use of the subject property is not allowed per the City's zoning regulations for C-O,
Professional Office. The NOV cited that Saybrook had at least partially expanded to
another busines without the required City approval or permits. The NOV gave Saybrook
until May 3, 2021, to remove any business unrelated to the approved office use; and
WHEREAS, on June 2, 2021, a second NOV was issued to Saybrook, since the
business owner of Saybrook confirmed that the building was being used for overnight
stay and acknowledged the online advertisement for a job for a "live-in" position at their
business location, which is not allowed. The second NOV cited that Saybrook must
correct this violation immediately and that they must cease and desist use of the property
for any overnight stays since the business license was approved strictly for office use
only. Subsequently, on June 15, 2021, in response to the NOV the business owner
informed the City that Saybrook is not in violation of any City Codes; and
WHEREAS, on July 22, 2021, in order to confirm whether Saybrook abated the
Arcadia Municipal Code ("AMC") violation of residential use, which is not allowed in the
1
zone for the subject property, the City served Saybrook an Inspection Warrant. An
inspection of the business was conducted that day, and it was confirmed (1) that the
business had partially converted the approved floor plan and use from required storage
and office use to residential use, which is in violation of Saybrook's business license
conditions of approval, and (2) the overnight stay/residential use of the subject property
within the C-O zone is prohibited under the AMC Development Code and is in violation of
the City's Zoning Ordinance applicable to the premises; and
WHEREAS, pursuant to Section 6216.7 of the Arcadia Municipal Code, the
Business License Officer may suspend or revoke any business license upon receipt of
any of the following information: 1) The business has been expanded, or partially or wholly
converted to another business, without the required City approvals and permits; or 2) The
business has violated any conditions of said license, or has violated or permitted to be
violated any federal, State, or local law applicable to the premises or business; or 3) The
business has, in the conduct of the same or any similar business, engaged in conduct
detrimental to the public welfare. Conduct detrimental to the public welfare includes, but
is not limited to. operations or activities that do not comport with the peace, health. safetv.
and convenience of the public. Examples of conduct detrimental to the public welfare
include but are not limited to: (a) operating a business prohibited by local or State law, or
(b) allowing activities that -are or become a public nuisance. Though the burden of proof
is not expressly stated in the City's ordinance, the preponderance of the evidence
standard generally applies to all civil and administrative matters unless another higher
degree of proof is imposed by statute; and
WHEREAS, on July 28, 2021, the business license was revoked by the Business
License Officer for two reasons: (1) Saybrook had partially converted their approved floor
plan and use from required storage and office use to residential use which is in violation
of Saybrook's business license conditions of approval, and (2) the overnight
stay/residential use of the subject property within the C-O zone is prohibited under the
AMC Development Code and is in violation of the City's Zoning Ordinance applicable to
the premises pursuant to Section 6216.7 of the Arcadia Municipal Code; and
WHEREAS, on August 9, 2021, the Appellant of Saybrook's business, Mr.
Maximilian Lobkowicz, filed an appeal within the prescribed ten-day appeal period; and
WHEREAS, on September 28, 2021, a public hearing was held before the
Business Permit and License Review Board ("Board") on said appeal, at which time all
interested persons were given full opportunity to be heard and to present evidence. At
said meeting the Board made the decision in a 4 -0 vote with one (1) Board Member
absent, to deny Saybrook's appeal and uphold the City's Business License Officer's
decision to revoke Saybrook's business license, subject to the condition that Saybrook's
employees, agents, partners, directors, officers, controlling stockholders and managers
not be allowed to apply for a new business license in the City of Arcadia for a period of
12 months from the date of this revocation; and
WHEREAS, on October 7, 2021, Attorney Mr. Ron Betty, on behalf of Saybrook,
filed an appeal to the City Council of the Board's decision to deny Saybrook's appeal and
uphold the City's Business License Officer's decision to revoke Saybrook's business
license within the prescribed ten-day appeal period; and
K
WHEREAS, Saybrook requested and received a continuance from the originally
scheduled hearing date of December 7, 2021, and, on December 21, 2021, at the City
Council meeting, a second continuance was requested by Saybrook, which was granted
to the date of January 18, 2022; and
WHEREAS, on January 18, 2022, at its regularly scheduled meeting, the City
Council heard said appeal, at which time the appellant and the City were given an
opportunity to be fully heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The facts set forth above are true and correct and are incorporated
herein by reference.
SECTION 2. Based on the Board's findings presented to this City Council at the
above -referenced meeting on January 18, 2022, including factual data submitted by the
Business License Division in the staff report with attachments dated September 28,
2021, the City Council considered the findings and recommendations of the Board and
hereby adopts them in total in accordance with Arcadia Municipal Code Section 6216.90
— Appeal to City the City Council, hereby denying the appeal and upholding the Board's
decision in the revocation of the business license for Saybrook subject to the condition
that Saybrook's employees, agents, partners, directors, officers, controlling stockholders
and managers not be allowed to apply for a new business license in the City of Arcadia
for a period of 12 months from the date of the revocation. In so deciding, the Council
finds and determines all of the following pursuant to Arcadia Municipal Code Section
6216.7-.
2
1. Saybrook has been expanded, or partially or wholly converted to another
business, without the required City approvals and permits, thereby violating
conditions of approval of their business license and partially converting required
storage and office space to residential use.
Facts to Support the Findinra: Saybrook's business license was conditionally
approved as an office use only. One of the conditions of approval was that certain
rooms were to be maintained as office space and storage for the office use, as
outlined on the business license application, and as listed on the business license
certificate. As evidenced by the photographs within the record, many of the rooms
required to be used for office or storage use were instead being used as bedrooms
for overnight stay; therefore, this violation of conditions of approval of said license
is grounds for revocation according to AMC Section 6216.7(3).
2. Saybrook violated, or permitted to be violated, local law applicable to the premises
or business, by using the property for residential uses prohibited in the AMC in
the C-O Professional Office zone.
Facts to Support the Finding; The subject business address is Zoned C-O
Professional Office. The C-O zone is intended to provide sites for development
as administrative, financial, business, professional, medical, and governmental
offices (Development Code Section, 9102.03.020.). The City has a permissive
zoning code, so only expressly permitted uses are allowed. Residential uses are
not listed as a permitted use in the C-O Zone (Development Code Section
9102.03.020, Table 2-8.). Therefore, they are prohibited unless the Development
Services Director makes a finding that they are sufficiently similar to an expressly
�I
permitted use as to be allowed on the same basis in accordance with
Development Code Section 9102.03.020(B). No such finding has been made.
There is ample evidence of residential use of the property, including information
from the sex offender registrant that he resided at the property, the online
advertisement for a live in position, and evidence taken during the inspection on
July 22, 2021, that confirmed the residential use. The residential use of the subject
property within the C-O zone is prohibited under the AMC Development Code and
is in violation of the City's Zoning Ordinance applicable to the premises where the
business covered by said license is conducted, which is grounds for revocation of
Saybrook's business license in accordance with AMC Section 6216.7(3).
3. Saybrook engaged in conduct detrimental to the public welfare, which includes
allowing activities that are a public nuisance, by violating conditions of approval
of their business license and the AMC by partially converting required storage and
office space to residential use.
Facts to Support the Finding: The previous facts are incorporated herein. Despite
clear restrictions placed on their business license certificate, Saybrook allowed
activities on site that violated the conditions of approval of their business license.
AMC Section 6216.7. — Suspension or Revocation states, "The License Officer
may suspend or revoke any business license upon receipt of information from any
source that:... (3) The holder of license has violated any of the conditions of said
license, or has violated or permitted to be violated any law or laws of the United
States or the State, or any ordinance applicable to the premises where the
N.
business covered by said license is conducted, or in connection with said
business."
4- Based on the foregoing, the City of Arcadia City Council finds that AMC Section
6216.7 was violated by Saybrook, justifying its business license revocation.
SECTION 3. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted by the City Council this 18th day of January, 2022.
ATTEST:
i lerk
APPROVED AS TO FORM:
d Leis a
Best Best & Krieger LLP
Office of the City Attorney
U
Mayor of that7ity of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7394 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 18th day of January, 2022 and that said Resolution was adopted by the
following vote, to wit:
AYES: Beck, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
E:7
Clerk of t ity of Arcadia