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HomeMy WebLinkAbout6-22-10PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON- PUBLIC HEARING ITEMS 5 minute time limit per person. PUBLIC HEARINGS ARCADIA PLANNING COMMISSION AND BUSINESS PERMIT AND LICENSE REVIEW BOARD AGENDA Tuesday, June 22, 2010, 7:00 P.M. Arcadia City Council Chambers All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony conceming any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. BUSINESS PERMIT AND LICENSE REVIEW BOARD ITEMS 1 (FITNESS BEAUTY SPA 133 E. Huntington Drive Qiang Zhao, owner /operator This is an appeal of a business license revocation for non compliance with the City of Arcadia Massage Therapist and Business License regulations by !fitness Beauty Spa. RECOMMENDATION: Deny appeal and uphold revocation There is a ten (10) day appeal period after the appellant receives notice of the approval /denial of the appeal. 2. YUHONG CLINIC OF ORIENTAL MEDICINE 638 W. Duarte Rd., #C Hong Yu, acupuncturist This is an appeal of a business license revocation for non compliance with the City of Arcadia Massage Therapist and Business License regulations by Yuhong Clinic of Oriental Medicine. RECOMMENDATION: Deny appeal and uphold revocation There is a ten (10) day appeal period after the appellant receives notice of the approval /denial of the appeal. Any writings or documents provided to a majority of the Business Permit and License Review Board members and /or the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC BPLRB AGENDA 6-8 -10 PLANNING COMMISSION ITEMS 3. CONDITIONAL USE PERMIT NO. CUP 10 -07 17 E. Huntington Drive Xiao Ming Chen Yang Chen The applicant is requesting a Conditional Use Permit to operate an art studio with a maximum of ten (10) students at any one time. RECOMMENDATION: Conditional Approval A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. 4. CONDITIONAL USE PERMIT NO. CUP 10-08 222 -224 S. First Avenue Steps Academy, Inc. An Amendment to CUP 09 -20 (Resolution 1812) which permitted a 40 student tutoring center with operating hours of Monday Saturday, 12:00 noon to 7 :00 p.m. The amendment would permit the following changes: a. Expanded operating hours of Monday Friday, 12:00 noon to 9:30 p.m., and Saturday and Sunday, 9:00 a.m. to 5:30 p.m.; and b. Summer operating hours of Monday Sunday, 9:00 a.m. to 5:30 p.m., for a 9 -week period beginning in June and ending in August. RECOM MENDATION: Conditional Approval A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution 5. ARCHITECTURAL DESIGN REVIEW NO. ADR 07 -21 630 E. Live Oak Ave. Church in Arcadia John Peruzzi, Architect A revised architectural design for a new church/meeting hall. RECOMMENDATION: Approve revised architectural concept plans CONSENT ITEM 6. MINUTES OF JUNE 8, 2010 RECOMMENDATION: Approve Any writings or documents provided to a majority of the Business Permit and License Review Board members and /or the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC BPLRB AGENDA 6 -8 -10 MATTERS FROM CITY COUNCIL PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Business Permit and License Review Board members and /or the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC BPLRB AGENDA 6-8 -10 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Planning Services Department at (626) 574- 5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearing Procedure 1. The public hearing item is introduced by the Chairman of the Planning Commission. 2. The staff report is presented by staff. 3. Commissioners' questions relating to the staff report may be asked and answered at this time. 4. The Public Hearing is opened by the Chairman and the applicant is afforded the first opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Business Permit and License Review Board members and /or the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC BPLRB AGENDA 6 -8 -10 BUSINESS PERMIT AND LICENSE REVIEW BOARD Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Planning Services Department at (626) 574- 5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Hearing Procedure 1. The appeal hearing is introduced by the Chairman of the Business Permit and License Review Board. 2. The staff report is presented by staff. 3. Board Members' questions relating to the staff report may be asked and answered at this time. 4. The Chairman opens the hearing and the appellant may address the Board. 5. Others in support of the appellant are afforded the opportunity to address the Board. (LIMITED TO 5 MINUTES) 6. Those in opposition to the appellant are afforded the opportunity to address the Board. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Board closes the appeal hearing. 9. The Board members may discuss the appeal at this time. 10. The Board then makes a motion and acts on the appeal to either continue the hearing to a specific date, or revoke, suspend, reinstate, or reinstate with conditions the business license. 11. Following formal notification of the Board's action, there is a ten day appeal period. Any writings or documents provided to a majority of the Business Permit and License Review Board members and /or the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC BPLRB AGENDA 6-8 -10 June 22, 2010 TO: Arcadia Business Permit and License Review Board SUMMARY INTRODUCTION STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Ad ator By: Silva Vergel, Business License Officer SUBJECT: An Appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Ifitness Beauty Spa at 133 E. Huntington Dr. At the request ,of the Arcadia Police Department, the Business License Office on May 17, 2010 revoked the business license for (fitness Beauty Spa at 133 E. Huntington Drive for noncompliance with the City of Arcadia Massage Therapist and Business License regulations. The revocation notice is attached as Exhibit 'A'. Mr. Qiang Zhao, the owner and operator of Ifitness Beauty Spa filed an appeal of the revocation on May 25, 2010. The appeal letter is attached as Exhibit 'B', and the Police Department's revocation request and reports are attached as Exhibit 'C'. The Development Services Department is recommending that the Business Permit and License Review Board deny the appeal and uphold the revocation. Ordinance No. 2263 was adopted on December 1, 2009 and designated the Planning Commission as the Business Permit and License Review Board (Board). The Board serves to hear appeals of business license denials and revocations. The Board is the first arbiter of appeals and the Board's decision may be appealed to the City Council. Prior to the adoption of Ordinance No. 2263, the appeals of business permit and license denials, revocations and suspensions were heard by a Business Permit and License Review Board that was comprised of City staff; the Administrative Services Director or designee, the Fire Chief or designee, and the Public Works Services Director or designee. In this format, the Business Permit and License Review Board served as an advisory body that provided technical assistance to the Business License Officer for the review of certain permit and license applications and to the City Council on appeals. This was a cumbersome arrangement, and the City Council amended the composition of the Business Permit and License Review Board by designating the Planning Commission as the Business Permit and License Review Board and amended its duties from an advisory role to a decision making body with the authority to hear and act upon business permit and license appeals. Revocation and Appeal Process Per Arcadia Municipal Code Section 6216.7, the Business License Officer may suspend or revoke any business license upon receipt of information from any source that any of the following has occurred: (1) The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for the license or permit, or in any report or record required to be filed with the City's Police Department, County Health Department, or any other City Department or office in connection with the operation of the business; or (2) The business has been expanded, or partially or wholly converted to another business without the required City approvals and permits; or The holder of the 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 business covered by said license is conducted, or in connection with said business; or (3) (4) The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. Subsequent to the issuance of a revocation and within ten (10) days, an applicant or business licensee may file an appeal to the Business Permit and License Review Board (Board) and within 30 days or as soon thereafter as possible, a hearing shall be conducted by the Board. Any Board member who has any financial interest in Ifitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 2 the outcome of the hearing or is unable to make a fair, impartial and unbiased determination shall not participate in either the hearing of in any determination or recommendation after the hearing. During the hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence and may require the presentation of additional evidence from any party involved. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness at the request of the applicant or licensee, or any other party. Extensions of time or continuances sought by an applicant or licensee shall not be considered delay on the part of the City and shall not be deemed to constitute failure by the City to provide for a prompt decision. At the conclusion of the hearing, the Board shall, by a majority vote of the members present at the hearing, order that the license be revoked, suspended, reinstated, or reinstated contingent upon the applicant or licensee performing some remedial action such as, but not limited to, paying a fine or penalty. The Board may also prevent the holder of a revoked or suspended license from applying for a new license within one year or such other certain, specified reasonable time period as the Board deems prudent. Within ten (10) days of receiving notice of the Board's decision, the holder of the revoked license, any member of the City Council, any affected City Department Head, or any other business or resident of the City may appeal the decision by filing an appeal to the City Council. BACKGROUND Beginning in the summer of 2008 and in response to a proliferation of establishments offering massage services, a team of inspectors comprised of various City department staff members conducted a series of inspections of over 40 such establishments. Most of the businesses were given notices of numerous violations and many of the businesses corrected those violations, but several businesses did not make the required corrections even after being issued citations; and those businesses had their licenses revoked. Of those eight (8) businesses; four (4) closed without appeals, three (3) had their appeals denied by the City Council, and one (1) license was reinstated. On October 21, 2008 the City Council passed a 45 -day moratorium on massage uses and extended it for an additional 10 months and 15 days on November 18, 2008. During this moratorium, staff reviewed the City's regulations and enforcement measures and the new State legislation governing massage therapists (SB 731) and brought Ordinance No. 2260 before the City Council. The Ordinance was adopted on August 19, 2009 and established revised regulations for massage therapy. The new regulations continue the prohibition of stand -alone massage establishments (fitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 3 and require that massage services be incidental and secondary to a primary personal service business. GENERAL INFORMATION APPELLANT: Mr. Qiang Zhao, owner and operator of 'fitness Beauty Spa LOCATION: 133 E. Huntington Drive REQUEST: An appeal of a business license revocation for noncompliance with the Arcadia Municipal Codes relative to Massage Therapist and Business License regulations. DISCUSSION Business License No. 049465 was issued to Qiang Zhao on November 20, 2008 allowing !fitness Beauty Spa to operate a day spa offering fitness, skin care and massage services at 133 E. Huntington Drive. The business license was issued for the operation of the day spa business and not for any massage therapists. 'fitness Beauty Spa was inspected by the City on the following dates: April 7, 2009, August 4, 2009, February 1, 2010, February 5, 2010, and May 14, 2010. On each occasion, City staff found multiple violations of the following Arcadia Municipal Codes: 1) Section 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may .operate at (a) an established medical office, including, the office of a chiropractor; and (b) a personal service business. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage therapy business, unless the massage operations are conducted within a structure located in a zone where such use is permitted. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing requirements, and all other applicable requirements of law. 'fitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 4 2) Section 6418.5. BUSINESS LICENSE REQUIRED. Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City of Arcadia a Massage Business License. Obtaining the required business license includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. The applicant shall file a written application on the required form provided by the Development Services Department. 3) Section 6418.9. BUSINESS OWNER/OPERATOR RESPONSIBILITY. All massage therapy business owners and /or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Division shall be deemed the act or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed. No business owner and /or operator shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have either a valid Massage Therapist Identification Card or a Massage Certificate and City of Arcadia Massage Verification Card. In order to ensure compliance with these Code provisions, no massage therapy business owners shall employ any person who has not shown them either their valid Massage Therapist Identification Card or valid Massage Certificate and City of Arcadia Massage Verification Card. 4) Section 6418.10. MASSAGE THERAPIST IDENITIFICAITON CARD REQUIRED IF NO MASSAGE CERTIFICATE. Any person performing massage or massage therapy without a Massage Certificate shall apply for and obtain from the City of Arcadia a Massage Therapist Identification Card. The applicant shall file a written application on the required form provided by the Arcadia Police Department. 5) Section 6418.20(C). OPERATIONS CLOTHING. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. 6) Section 6418.20(Q). OPERATIONS NOTICES. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is 'fitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 5 easily visible to any person entering the premises and in each massage room or enclosure: THIS MASSAGE ESTABLISHMENT AND THE MASSAGE ROOMS DO NOT PROVIDE COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY THE ARCADIA POLICE DEPARTMENT WITHOUT PRIOR NOTICE. 7) Section 6418.20(S). OPERATIONS RECORDS OF TREATMENT. The business owner and /or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty -four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. After the inspections and investigation, the Arcadia Police Department requested that the Business License Office revoke the license of (fitness Beauty Spa. The revocation request and the inspection reports, including Internet printouts are attached as Exhibit `C'. The business license for Ifitness Beauty Spa was revoked on May 17, 2010, and the owner /operator appealed the revocation on May 25, 2010. These correspondences are attached as Exhibits 'A' and 'B'. RECOMMENDATION The Police Department and the Development Services Department recommend that the appeal be denied and the revocation of the business license for (fitness Beauty Spa be upheld, and that Mr. Qiang Zhao not be allowed to own or operate a business in the City of Arcadia for a period of one (1) year. Alternatively, if the appeal is to be approved, the Police Department and the Development Services Department recommend the following conditions of approval: (fitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 6 1. The business and premises must be in fate a Federal regulation ationsa M Code, and all other applicable State ness us Perm B he i 2. The business license shall be subject to review by the us and Perm and License Review B had be brought directly t 12 the Board's attention, any violation occur, it s at which time the Board may revoke the business Arcadia c selin accordance with Sections 6216.7 and 6216.8 of the BUSINESS PERMIT AND LICENSE REVIEW BOARD ACTION Aaproval of Appeal If the Business Permit and License Review Board (Board) intends to approve the appeal and overturn the revocation, the Board should move to sustain the appeal and overturn the revocation and state the reason(s) p for the decision based on the evidence presented, subject to the following conditions or as modified the by the Board: 1. The business and premises applicable u a reg at ons. Municipal Code, and all other State 2. The business license shall be subject to review by the Business Permit and License Review Board (Board) for twelve (12) months, and should any violation occur, it shall be brought e thtdirectly usiness license Ba in d acco t rdance at which time the Board may revoke Sections 6216.7 and 6216.8 of the Arcadia Municipal Code. Denial of Appeal If the Business Permit and License Review Board uld mo�erdto intends to deny the appeal and appeal and uphold the revocation, the Board uphold the revocation of the business license for l it erate a bus ty Sp in tnd require o t Mr. Qiang Zhao not be allowed to own operate for a period of one (1) year or for such time that the Board deems prudent. If any Business Permit and License Review Board member, r othe te i pa y has any questions or comments regarding hearing, please contact Business License Officer, Silva Vergel at (626) 574 -5430 or svergel @ci.arcadia.ca.us. Approv Jim Co unity Development Administrator Attachments: Exhibit 'A' Revocation Notice Exhibit 'B' Letter of Appeal Exhibit 'C' Revocation Request and Inspection Reports (fitness Beauty Spa 133 E. Huntington Drive June 22, 2010 Page 7 City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5415 (626) 447 -3309 Fax www.ci.arcadia.ca.us May 17, 2010 Mr. Qiang Zhao Itness Beauty Spa 133 E. Huntington Dr. Arcadia, CA 91006 SUBJECT: Revocation of Business License No. 049465 Dear Mr. Zhao: The purpose of this letter is to inform you that Business License No. 049465 for the day spa (fitness and beauty center) located at 133 E. Huntington Dr. is being revoked. Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: 1. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business 2. 6418.5. Business License Required 3. 6418.9. Business Owner /Operator Responsibility 4. 6418.10. Massage Therapist Identification Card Required if No Massage Certificate 5. 6418.20(C). Clothing Requirements 6. 6418.20(Q). Notices. 7. 6418.20(S). Records of Treatment. You are to immediately cease the operation of your business within the City of Arcadia. Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6418.23 (attached) you may appeal this decision within ten (10) days of the date if thus notice. Said appeal must be made in writing and delivered to the undersigned by Thursday, May 27, 2010. If you have any questions, please contact me at (626) 574 -5430 or at svergel@ci.arcadia.ca.us. Sincerely, Silva Vergel Business License Officer C: Lawrence Investments LLC, Property Owner Enclosure CERTIFIED MAIL RETURN RECEIPT REQUESTED EXHIBIT 'A' May 24, 2010 Business Permit and License Review Board 240 W. Huntington Dr. PO Box 60021 Arcadia, CA 91066 -6021 Dear Business Permit and License Review Board, I am writing to appeal City Hall's decision to revoke the business license No. 049465 for I Fitness Beauty Spa. This Business is located at 133 E. Huntington Dr., Arcadia CA 91006. We are a day spa operating in the city of Arcadia for under a year. We feel that we have made our best effort to comply with City Hall's regulations. On May 18, 2010, we received a letter revoking our business license under several violations. We would like to request a hearing to address these violations. We hope to resolve any misunderstandings because we would like to continue our business in the city of Arcadia. Please inform us of the date and time of the hearing. I can be contacted at 626- 757 -2988 or 626- 927 -8786. Sincerely, Qiang Zhao I Fitness Beauty Spa RECEIVED MAY 2 5 2010 EXHIBIT 'B' Date: May 6, 2010 To: Sergeant T. LeVeque From: Detective J. Bonomo Subject: Massage Establishment Revocation Request Sir, Police Department The City of Arcadia's massage establishment inspection team has conducted several inspections at /Fitness Beauty Spa, 133 F. Huntington Dr., and has found and documented several continued non compliance issues that I believe will not be resolved regardless of our efforts. The employees have been warned and cited for these violations several times, but we have been forced to close the business during inspections due to the violations. Based on our observations and actions taken, I request that this business have their business license revoked and be sent before the review board for violations of AMC 6418.20(C) (Clothing Requirements,) 6418.20(Q) (Required Posted Notices,) 6418.19(S) (Maintaining Records of Treatment,) 6418.3 (Massage Shall Be Secondary and Incidental,) 6418.9 (Business Owner Responsibility,) 6418.10 (Massage Therapist I.D. Card Requirements,) and 6418.5 (Business License Requirements.) I have attached all Police and City reports associated with this business to this report, along with Internet advertisements for services offered and reviews from an Internet massage review site. This package will be forwarded to the Business License Office for processing. EXHIBIT 'C' 7/20/09 09 -2169 On 4/07/09, at 1945 hrs, Officer Orswell and I, along with representatives from Arcadia Fire Department, Arcadia Code Enforcement Department Inspector, inspected 1 Fitness Beauty Spa, 133 E. Huntington, Arcadia. We talked to owner Qiang, Zhao who is also a massages therapist, MT 0874. In attendance were massage therapists Ying Shun Cui, MT 0866, and Qiu Jin- Cindy, MT 0885, both independent contractors with current licenses. This was an initial inspection. Our purpose was to check to see if any violations existed. We found the following violations: clothing similar to uniforms worn in medical offices, notices that read IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM, records of treatment. A copy was provided to Zhao. Jill Perumean, Arcadia Fire Department, inspected the:location and found the following violations: spliced electrical cord to.Iights iri:. foyer cord disappears into ceiling, remove deadbolt.latches....the violations must be corrected within 14 days or by 5/07/09. A copy =:of the violations was: provided to Zhao. Terry Moore- Korse, cadia Code Enforcement found the following violation: staff needs to wear: uniforms` similar to uniforms in a Doctor's office. No other violations were found A copy of the violation will be mailed to Zhao. Reports from Arcadia Fire and: Enforcement are attached. Case number obtained at a later date and therefore out of sequence. Additional information They are open for business Monday through Sunday. They offer facials, foot massage, spa services and massages. Zhao found it difficult to give us percentages for income sources because he recently opened for business (February 2009) and did not have enough business yet. Primary business- $60 -80 per hour. Massage Therapy -$60 per hour. Type of Incident Cif 606- v 10 LA ti Location of Occurrence l J tG AUrrin 5/6 n 0f arrrilei& Premise a- Q- Occurred Date c Da y ruts S Time B tween and b Date and Time Reported 1 tt 1 p `1 111 fi Beat/RD Date Day Time ARCADIA POLICE DEPARTMENT Incident Report 1. Type, Location, and Time of Incident 11. Reporting Party Victim j Owner RIO Subject I Last Name D Residence Address Business Address or Sc ool Attended City fl rJ SS f A SPA 1 1 Jrl in On Dv II. Reporting Party Victim j Owner R/O S ubj e ct Last Name Residence Address 111. Vehicle Information 0 icer and 10 l 4 -21 2 ;7 First Name First Name City City Business Address or School Attended City Year, Make, Model, Style, Color, License Plate w /State Date Middle State Zip Code State "<glp Code,. State Zip Code State Zip Code Supervisor and ID Driver's License Race Driver's License Race Sex Bus For Agency Use Only Case No. O 21G9 9 Sex B6 Cell Res Cell* Birthdate (Mo /Day/Year) eus (0210- Birthdate (Mo /Day /Year) Suspect Vehicle Victim Vehicle Other Involved Vehicle Date IV. Property Description Article /Make Model Number Serial Number Color Lost/Stolen /Damaged /Found Value 2, 3. 4, 5 Property Continuation Page Total Value: ARCADIA POLICE DEPARTMENT Incident Report 1. Type, Location, and Time of Incident 11. Reporting Party Victim j Owner RIO Subject I Last Name D Residence Address Business Address or Sc ool Attended City fl rJ SS f A SPA 1 1 Jrl in On Dv II. Reporting Party Victim j Owner R/O S ubj e ct Last Name Residence Address 111. Vehicle Information 0 icer and 10 l 4 -21 2 ;7 First Name First Name City City Business Address or School Attended City Year, Make, Model, Style, Color, License Plate w /State Date Middle State Zip Code State "<glp Code,. State Zip Code State Zip Code Supervisor and ID Driver's License Race Driver's License Race Sex Bus For Agency Use Only Case No. O 21G9 9 Sex B6 Cell Res Cell* Birthdate (Mo /Day/Year) eus (0210- Birthdate (Mo /Day /Year) Suspect Vehicle Victim Vehicle Other Involved Vehicle Date RCADIA POLICE DEPARTMENT ncident Report Narrative j :fficer and ID kA 215 Date L.1 .�o -d� For Agency Use Only Case No, b Date v Panel of Date Responsiblcjerson x lo al MJ; 214 ArD t/t._ 4 Name of Business t t t Address D 6- t /JCL X Telephone Number b G 6418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or. operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are rmed. `.lothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall fully opaque, nontransparent uniforms, similar to uniforms worn in medicaI offices, and shall complete covering of the genitals, pubic area, buttocks, anal are and chest,.a ea. (D) Sterilizing Equipment. Each massage therapist'shall p`ovide €:and maintain at the business location where the massage is performed adequate equipment.`fcr disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall tc =att .patrons clean, sanitary and opaque coverings capable of covering the patron "s specified anatorinical area ,including =:lore genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned (F) Linen. Towels and linen shalt Ai changed;:and.laundered promptly after each use. Separate cabinets or containers shall be provided for.the storage of clean and''soiled towels and linen. (G) Advertising. No massage therapist operating..under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (K) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. Th` business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the.building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons.. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18 Two -inch (2') thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall .be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and ms shall be charged for such services other than those otices. The following notice shall be conspicuously post:ett,in a locat o r :within the business where sage therapy services are performed that is easily visibly <tt a iy pers entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POT EPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR I ERIODIC INSPECTIOK TO INSURE OUR PROFESSIONALISM. (T) Roster of Employees. The business ow er and/or operator shall maintain a register of all massage therapists and employees, showing th riiine, rw ckx ari es'and aliiases used by the massage therapist or employee, home address, age, birth date, gender, heiht;weight.,,,color of hair and eyes, phone numbers, social security number, date of employment and termination, "if an and duties of each employee. The above information concerning each massage therapist and employee sha1lbe maintained at the premises of the business for a period of two (2 years following termination. The busirss owner and/or operator shall make the register of massage therapists and employees available immediate:iyrfor inspection by the City regulatory officials upon demand at all onable times. ecords of Treatment. The business owner and /or operator shall keep a record of the dates and hours of treatment or service, the name and address of the patron, the name of the massage therapist administering such service an a e rea en or service rendered. A short mPdi a1 h;st�r�form_shalt be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any ptiysicafEondition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty four (24 months after such treatment or service. These records shall be open to inspection upon demand on y y officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.19 Massage Therapy Business Activities Primary Business 0 Acupuncture R Day Salon or Spa 0 Physical Therapist Name of Medical Professional or Business Owner by. 1 I berg Scheduled Hours at Location Primary Business Telephone Number o'; A (97-11-14 wv Monday Tuesday ednesday Thursday Friday Saturday )5°Sunday Percentage of Income Sdnices Primary Business Hourly Rate Name Massage Therapy Primary Business '‘-‘-d ?Olt- Massage Therapy 4 1001072- Massage Therapists Present at the time of the Inspection 0 Medical Office 0 Chiropractor )&0ther *4 e 6( A"z 1- Present at time of inspection? 'Yes oPlze) 21 leter C 001" Sil.)altAi- 661 k.) Massage Therapy MTID# Nty .1-1.-41\i 0, CAA WIT Oft) I esp4J2L4k-i■ 4 Q;CZLt c iut ,m ui kAATO'bbc— t -L 0 No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection Your attention is directed to the items checked below These violations must be corrected in order to meet minimum Fire and Life Safety Requirements. For clarification of the items noted, please refer to the comments section. FIRE PROTECTION SYSTEMS Service portable fire extinguisher(s) 906.2 Fire extinguisher(s) required 906.1 Fire extinguisher(s) mounting required 906.7 Fire sprinkler 5 year certification required 901 61 Fire sprinkler system maintenance required 901 6 Fire alarm system maintenance required 901 6 Hood and Duct fire system service required 901.6 Hood and Duct system cleaning required 901 6 HOUSEKEEPING VIOLATIONS Fire resistive construction -703 1 Fire assembly testing and maintenance 703.4 Improper storage of combustible materials No storage allowed in boilerlmechantcailelsGtrtcal rooms: Improper use of combustible decorative;*tenai 807 Combustible vegetation 304.1 .2 GENERAL REQUIREMENTS.; Address numbers 505.1.. Knox Box required 506 1 Secure compressed gas cylinders, tanks:::-containers,-'20 5 1) You are hereby notified to correct the items checked above within 14 days, or prior to A re inspection will be held on or after this date at no charge, A reinspection fee may be assessed and billed by tht City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not m de in a timely manner and additional re- inspections are necessary. v Contact Person Si Inspector's Name. ARCADIA ARE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX 0 Date DBA r J Business Address OC ELECTRICAL HAZARDS Improper use of zip cords or extension cords 605 5 Improper use of multi -plug outlets 605 4 Electrical panel access 605. Correct electrical hazard 605.1 EXIT REQUIREMENTS Exit obstruction -1028 3 Aisle obstruction 1014.4 Exit door;. operation 1008.1.8 Exitirioor locking devices 1008.1.8 3 Corridor obstruction 1028.3 `Stairway obstruction 1028.3 Exit sign illumination 1011 2 Exit signs required two or more exits 1011 1 Emergency backup exit lighting 1027.5 SPECIAL HAZARDS Permit required App 1 105.1 Extreme hazard App 1 110.1 Other hazards U Date 0.5 Company FPS 101 7- 0 Captain's t O Asps.. )11113 locarspowsied DATE: April 7, 2009 TO: Mike Daleo FROM: Terry Moore-Korse SUBJECT: Inspection on April 7 of premises located at 133 East Huntington Drive, Arcad MEMORANDUM Development Services Department On April 7, 2009, 1 well"° e suilleet roperty to inspect the property for compliance with the Massage Ordinance 1 found that the Staff need to Wear uniforms similar to uniforms in a Doctor's office. No other violations were found during the insPection. ARCADIA POLICE DEPARTMENT INCIDENT REPORT For Agency Use Only Case No. e b c: Z l( I. TYPE, LOCATION AND TIME OF INCIDENT f Type of Incident I r cox v LO LA-1'i O` Location of Occurrence I -2 .2) •E= l'Ur� N G -r�ti D (L Premise 6 U (nt`}'1•�' Occurred on/or Between Date S /o 69 Day T U Time v 0 IA(__.. Date and Time Reported /6 f (ID C t 1 9 06 tiec Beat/RD and Date Day Time Driver's License 11. REPORTING PARTY 0 VICTIM OWNER 0 R/O 0 SUBJECT Last Name First Name A l Middle Race A Sex r Birthdate (Mo/Day/Year) Residence Address City State ZJp:Code Res Cell Business Address or School Attended City State 1, rrcNE�; -i fly' 1 S PA .G ..f- hAr(fiN 47c)A.J 0 A 4cAG- A 'CA Ztp'G B �O7,{o -76 Ucen 1I. REPORTING PARTY VICTIM 0 OWNER RS is "R/O 0 SUBJECT 0I Last Name First Name .Mldtfte" Race Sex Birthdate (Mo/Day/Year) Residence Address CIty State;'` Zip Code Res Cell Business Address or School Attended City State Zip Code Bus VEHICLE INFORMATION 1 Year, Make, Model, Style, Color, License Plate.wt$tate Suspect Vehicle Victim Vehicle 0 Other Involved Vehicle IV. PROPERTY DESCRIPTION Article /Make Model Number Serial Number Color Lost/Stolen/Damaged/Found Value 1. 2. 3. 4. 5, 0 Property Continuation Page Total I Value: Supervisor and ID I Ottir ar}e iD Date Pone, of ARCADIA POLICE DEPARTMENT INCIDENT REPORT NARRATIVE For Agency Use Only Case No. oq -Z 5 A-r- Ho? ilk Aft> -2J Officer a611D Vfai;.5t,fi Supervisor a 4 971/ Date Page of 8/25/09 09 -2169 On 8/04/09, at 1900 hrs, Officer Orswell and I, along with a representative from Arcadia Code Enforcement Department inspected I Fitness Beauty Spa, 133 E. Huntington, Arcadia. We talked to owner Ma, Yi, the owner's wife. John Lo, Arcadia Police Department Volunteer in Patrol was used as a translator. This was a follow up visit to 4/07/09 to see if previous violations had been corrected. We found the following violations: notices that read IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM, roster of employees and records of treatment. This was their second notice for, the above violations. A copy was provided to Ma. Jill Perumean, Arcadia Fire Department, inspected the location on 7/01/09 and found all previous violations corrected_ See attached inspection report. Terry Moore Korse, Arcadia Code Enforcement, found the following: The property owner has to keep records o treatment at the Uniforms must be worn at all times not just when an inspection occurs. A letter will be sent to the business owner with the violations noted above. See attached report. Additional information They are open for business ond through Sunday, 1000 hrs to 2100 hrs. Their business is split 50%-50% between spa services and massage services. Primary business-$60 per hour. Massage Therapy -$60 per hour. Massage TherapistLian Yu Hao was present and had a receipt dated 6/24/09. She had not received her card yet. 1251D CI P\ U l9, I Name of Business Date a�� Responsible Person tv 4 Address `1 b i\ 3 x Telephone Number 6.40 L k 9 Wit Q of-t&ol, Tin0 6418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage ..therapy services are performed. (C) Clothing. Each massage therapist and all other employ es -shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms in medic, offices, and shall provide complete covering of the genitals, pubic area, buttocks anal Orea chest area. (D) Sterilizing Equipment. Each massage therapist' shall pro ide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shaliprovider toall patrons sanitary and opaque coverings capable of covering the patron "s specified anatomical areas ncluding a genital, anus and chest area. Reuse is prohibited unless the covering is adequately clewed. (F) Linen. Towels and linen shall a changed:` and.: laundered promptly after each use. Separate cabinets or containers shall be provided *the storaef`lean,andsoiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi- nudity or employs language in the text of such advertising that; would reasonably suggest to a prospective patron that any other services are available other than those authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The; business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (3) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18''). Two inch (2'') thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the,;miimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No:sevices shall be performed and ums shall be charged for such services other than post otices. The following notice shall be conspicuously pOst4iii a locatioi within the business where ssage therapy services are performed that is,easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES SPECTION TO INSURE OUR PROFESSIONALISM. Roster of Employees. The.:: business.owner and operator shall maintain a register of all massage therapists d employees, showing the name, rickiames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight;.:: color of hair and eyes, phone numbers, social security number, date of employment and termination, if any=,atid duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection b the City rwgulatory officials upon demand at all r- sonable times. (1J l.' kbr P Z xjt (B\ ecords of Treatment. The business owner and/or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history for shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. NOT ?-0A I 6418.19 Massage Therapy Business Activities Primary Business 0 Acupuncture Medical Office ay Salon or Spa Chiropractor Physical Therapist Other Name of Medical Professional or Business Owner D Thursday riday D"Saturday .O'Sunday Hourly Rate Primary Business Name Telephone Number C' /`'('"T 5-1-105 Scheduled Hours at Location Primary Business O'Monday DA1 O'`Tuesday t5 Wednesday Primary Business j �t \-1AO Percentage of Income Sources Massage Therapy Massage Therapy 5DL Massage Therapy Massage Therapists Present at the time of the Inspection Present at time of inspection? Yes Aiike MT ID# v2l PT bf zy��'i -;,n5; No violations noted (NVN) Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection Your attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and Life Safety Requirements. For clarification of the items noted, please refer to the comments section_ FIRE PROTECTION SYSTEMS Service portable fire extinguisher(s) 906.2 Fire extinguishers) required 906.1 Fire extinguisher(s) mounting required 906.7 Fire sprinkler 5 year certification required 901 6.1 Fire sprinkler system maintenance required 901.6 Fire alarm system maintenance required 901.6 Hood and Duct fire system service required 901.6 Hood and Duct system cleaning required 901 6 HOUSEKEEPING VIOLATIONS Fire' resistive construction 703.1 Fire assembly testing and maintenance 703 4 Improper storage of combustible materials 3152. No 'storage allowed in boiler /mechanical /electrical room.s. Improper use of combustible decorative:mAterial 80T Combustible vegetation 304.1.2 GENERAL REQUIREMENTS Address numbers 505.1 Knox Box required 5061 Secure compressed gas cylinders, tanks'icontainers- 3003.5 COMMENTS. i Contact Person Si 2 tQ ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX ,,1 Aisle obstruction 1014.4 Exit dogrsr operation 1008 1 8 Exit. locking devices 1008.1 8 3 Corrid6r obstruction 1028.3 obstruction 1028.3 .:'Exit sign illumination 1011 2 Exit signs required two or more exits 1011 Emergency backup exit lighting 1027.5 You are hereby notified to correct the items checked above within 14 days, or prior to A re inspection will be held on or after this date at no charge. A reinspection fee may be assessed' and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not made in a timely manner and ditional re- inspections are necessary. 1 EXIT REQUIREMENTS Exit obstruction 1028 3 ~p DBA Business Address Date OCCY# ELECTRICAL HAZARDS Improper use of zip cords or extension cords 605.5 Improper use of multi -plug outlets 605.4 Electrical panel access —605 3 Correct electncat hazard 605.1 SPECIAL HAZARDS Permit required App 1 105 1 Extreme hazard App 1 110.1 Other hazards Divvo'd S- Date 1 t -r (Z. Inspector's Name `,1,.� 4.112? ID Or Company: ID#' FPB 101 DATE: August 13, 2009 TO: Ivlike Daleo FROM: Terry Moore -Kdrs SUBJECT: Inspection on August 4, _'•00O'of pren st=S`located:At. 133 East Huntington. Af.adia, Ca MEMORANDUM Development Services Department An inspection of the properly found= f ollowi; g Violations. The property owner has to keep records of treatment at the property. must fie `worn at all tines not just when an inspection occurs. A letter will be sent to the busin ss with the violations noted above. RCAD[A POLICE DEPARTMENT !CIDENT REPORT 1. TYPE, LOCATION AND TIME OF INCIDENT 1 Premise 1261 Beat/RD It Occurred on/or Between and c Date 0) 0 5 10 Date Day t�vl Day Time i' Uo Time ype of Incident 01 Gc5O. U,2bin1,g7466 .ocation of Occurrence 3j, E JktiiW 67701 J (�2— Date and Time Reported 0-M) 10 it6 II. REPORTING PARTY VICTIM OWNER 0 RIO SUBJECT Middle Driver's License Race Sex r Blrthdate (Mo/Day/Year) Res cello -7(0 ce Last Name Residence Address Business Address or School Attended City h 133 E .f N Tad 17 Il FIEPOTtTiNGiPARTIr V'IC"It1Mi.D' OivReFt Last Name First Name Ucense Race Residence Address Zip Code Business Address or School Attended City State Zip Code Sex Birthdate (Mo/Day/Year) Res Cell Bus 11I. VEHICLE INFORMATION 1 Year, Make, Model, Style, ColOr, Ucense Plate w /State Suspect Vehicle Victim Vehicle Other Involved Vehicle IV. PROPERTY DESCRIPTION 'Model Number Serial Number Color Lost/Stolen/Damaged/Found Value Ardde/Make Officer and ID JIB DA-46 First Name City S U State Zip:Code Property Continuation Date Supervis 02 /2 (c' ID For Agency Use Only lase No. 01 Zl cps Total Value: c Page of 1CADIA POLICE DEPARTMENT ;DENT REPORT NARRATIVE Offic ID b60-61, .F.�r ),gitioy• Use Only Case No. r Date 02j2Z (I 0 Supervisor and ID Date Page of FIRE PROTECTION SYSTEMS O Service portable fire extinguisher(s) 906.2 Fire extinguisher(s) required 906.1 Fire extinguisher(s) mounting required 906.7 Fire sprinkler 5 year certification required 901.6 1 Fire sprinkler system maintenance required 901.6 O Fire alarm system maintenance required 901.6 Hood and Duct fire system service required 901.6 Hood and Duct system cleaning required 901.6 0 0 0 No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection. [cYour attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and \,Life Safety Requirements. For clarification of the items noted, please refer to the comments section. HOUSEKEEPING VIOLATIONS Fire resistive construction 703.1 Fire assembly testing and maintenance 703.4 Improper storage of combustible materials No storage allowed in boilermechanical /electdCal rooms 315'$43 Improper use of combustible materil 807; Combustible vegetation -304.1.2 GENERAL REQUIREMENTS Address numbers 505.1 Knox Box required 506.1 Secure compressed gas;;cylinders.:;tafnks. containers ::3003.5 COMMENTS: r f Contact Person Si �r'i>,�tur Inspector's Name: ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574 -5104 (626) 445 -1819 FAX FPB 101 0 Date: 1 DBA: t`i lt`tc'"73 11 I f "7 L. Business Address OCCY# ELECTRICAL HAZARDS Improper use of zip cords or extension cords 605.5 Improper use of multi -plug outlets 605.4 Electrical panel access 605.3 Correct electrical hazard 605.1 EXIT REQUIREMENTS Exit obstruction 1028.3 Aisle obstruction 1014.4 Exit doors:Y.operation 1008.1.8 Exit door`tpcking devices 1008.1.8.3 Corrtd.4r:obstruction 1028.3 Stainaay obstruction 1028.3 <)Xit sign illumination 1011.2 Exit signs required two or more exits 1011.1 Emergency backup exit lighting 1027.5 SPECIAL HAZARDS O Permit required App 1 105.1 Extreme hazard App 1 110.1 Other hazards You are hereby notified to correct the items checked above within 14 days, or prior to t--r A re- inspection will be held on or after this date at no charge. A reinspection fee may be assessed' and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not m de in a timely manner and additional re-inspections are necessary. C r I l 411-1 Date: r L i I 1 _1111 )!!),1", ID J) Company: Captain's ID DATE: TO: FROM: SUBJECT: February 10, 2010 Mike Da leo Inspection on FebruaryJ of premises located at 133 East HuntingtoRDitve, Areadia C Terry Moore-Korse MEMORANDUM Development Services Department On February 1, 2010Silva Verge[, Business license Officer and I inspected the subject business. When we arrived at the site the fadility was open for business and there was a customer getting a massage at time of inspection. The massage therapist. Li Hua Su that was giving the massage and does not have a massage therapist id card issued or Business License for this location. She has applied for a business license and ID card for this location but it has not been granted. She was also not wearing a uniform she was cited for the violations above and so was the owner. Before we left the receptionist asked the customer to leave. 02/22/2010 09 -2169 On 02/05/2010, at 1100 hrs, Officer Orswell and 1, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, Silva Verge Business License Officer, and Jeff Wang, Arcadia Building Department, inspected I Fitness and Beauty Spa, 133 E. Huntington Dr, Arcadia. Jeff Wang acted as our interpreter. This was a follow up to our last visit on 8/04/09. There was no one that could provide information on the business at this time. Jill Perumean found that all previous violations had been corrected. Terry Moore -Korse wrote the following: 0>ID).11 0 On February 1, 2010 Silva Vergel, Business License Officer and I inspected the subject business. When we arrived at the site :the facility was open for business and there was a customer getting a massage at the time of inspection. The massage therapist, Li Hua Su that was giving the massage and does not have a massage therapist ID card issued or Business License for this location. She has applied for a business license and ID card for location but it has not been granted. She was also not wearing a uniform she was cited for the violations above and so was the owner (see attached citations). Before we left the receptionist asked the customer: to lea On February 05, 2010 "the Task To inspected the subject business. When we arrived at the facility' -the place. was open for business and there were two customers getting massages, at time of inspection. The two massage therapists do not currently have a business license or massage ID card for this location. The two therapists were Guilan Shen and Yi Qian. They both have applied for massage ID card and Business License but have not been granted approval and are still going through the process. Neither woman was wearing a uniform. We asked the women to stop performing massage because they have no license and the two therapists closed the business and left the location. The owner of the business will be cited for allowing therapist with no Business License or ID card to operate. Copies of the citations are attached. It should be noted that I received a call from Officer Orswell, at around 1830hrs this date, who happened to be out to dinner and noticed that this business was open, lights were on and that there were people inside. ADMINISTRATIVE CITATION DAT 141111E_ A DAY OF WEEK Case t U U M. SOT W T F S Repeat Offense NAME,F1R$T, MIDDLE, LAST) EV s s 8 &M r elk ADDRESS CITY STATE ZIP t 33 6 t k o A r t L i c A A to 1A I kP OWNER ADDRESS CITY STATE ZIP DRIVERS LICENSE NO. STATE. CLASS ea CD c c k Da TENANT PHONE of ER PHONE *(n;1.p 55 f TENANT WORK OWNER 8 (P AN INSPECTION OF:THE PROPERT.'(f :FOR WHICH YOU:ARE RESPONSIBLE HAS ILENTIF1EDTHER 4aWa vioi4sVia OFTIE:ARCADIA MUMMY- cope City of Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066 -6021 699 TOTAL FINE BMS THEE STATED PINES) MUST SE RID 1011.E CRY OF ARCADIA warm TNIRTY DAYS FROM THE tAQE of mis LIGATION, NUPE TO RAY THE ABOVE STATED INE(S) WITHIN SAID THRTY (30) DAYS %ILL RESULT IN 1HE MPOSMON OF LATE PAY- MENT CHARGES COMPRISED OF A 1071 DEUNOUEHOf PB4ALTY AND INTEREST ATla% PER MONTH PAYMENT OF THE ABOVE SAVED FINE(S) DOES NOT EXCUSE OR DISCHARGE ANY CONTINUATION OR REPEATED OCCURRENCE OF THE CODE VIOUGION(S) THAT IS (ARE) THE SUELECT OF THIS mom YOU ARE HEREBY ORDEREO TO CEASE AND BESET FROM DORTMUND OR REPEATING THE CODE VICLAIION(S) DES N THIS C3013IO14. VIOLATIONS NOT COMMI I DECLARE UNDER PENALTY OF CAUFORNM THI4TTHE DATE: o'4 LARED ON INFORMATION AND BELIEF. RY UNDER THE LAWS OF THE STATE AND CORRECT: (3 (626) 574 -5421 n (625) 574 -5437 ADDITIONAL INFORMATION ON BACK SIDE DEVELOPMENT SERVICES DEPARTMEf1T RCADN PRINTING SERVICES a ADMINISTRATIVE CITATION NAME (FIRST, MIDDLE, LAM) Lt -ii-kkA 51X OWNER ADDRESS City of .6.rcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066-6021 700 ci7Y STATE ZIP itiv■ CITY STATE ZIP S UCENSE NQ -,STATE CLASS D.O.B. gc‘ TENANT PHONE PHONE irjAii TENANT' WORK OWNER VIORK4 I R 1 51 AN INSPECT OF THE PROPERTY FOR WHICH 40U ARE RESPONSIBLE HAS lastall!ptit nuovkTOciAnoms) of *SAICADIA MUNICIPAL cone co6E.Ecnotl FOE tp 4 t-\ 8.5, it: P)tic t„Ve. cz.e-Q t 1.et t.) tO "tS." MrkaN 6,6 t .......,=======.31L FINE. ABOVE STATED FINE(S) MUST BE IAND TO THE CITY OF ARCADAWITHN THIRTY OD) DAYS FROM TIE DE OF THIS cnxnati, FAILURE TO PAY THE ABOVE STATED FINER WITHW SAIDTHRTY (X1) DAYS MEL RESULT WIIE NPOSMON OF LATE PAY- MENT CHARGES CCMPRISED OF A 1C% DEUNOUENCY PENALTY AND INTEREST Art 2% PER MONTH RAYMENT OF THE ABOVE &TED MRS) DOES mar MUSE OR DIECIARGE ANY CONTINUATION OR 1FtEPEATED OCCURRENCE OF THE CODE VIOUDICIMS) THAT IS (ARE) E 606LECT OF THIS Grimm YOU ARE HEIM ORDERED TO CestsE Atm DEM FROM CONTINUING OR REPEATING THE CODE VIOLATION(W DESCRIBED W THIS CITATION. CI VIOLATIONS NOT CCMM1TT 1 DECLARE LINDER PENALTY 0 CAUFORN1A MAME DATEX (OSP p 111 ON INFORMATION AND BELIEF. UNDER THE LAWS OF THE STATE OW: COME= C) (628) 6746421 0 (626) 5T4-5437 ADDITIONAL INFORMATION ON BACK SIDE OEVELOMMENT IERVCES DEPARINENDUCADIA PRRITING BERVMS ID. DATE: February 10, 2010 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection on February -5, 2010 of premises located at 133 East Huntington Drive, Arada'CA MEMORANDUM Development Services Department On February 5, 2010;the Task r inspected the subject business. When we arrived at the facility it place was open for business and: there were two customers getting massages at time of inspection. The two massage therapists do not` curreAtik have a business license or Massage ID card for this location. The two therapists were Guilan Shed and Yi Qian. They both have applied for Massage ID card and Business license but have not granted approval and are still going through the process. Neither woman was wearing a uniform:>' We asked the women to stop performing massage because they have no license and the two therapists "closed the business and ,left the location. The owner of the business will be cited for allowing therapist with no Business License or ID card to operate. Copies of the citations are attached. Task Force Terry Moore- Korse, Code Services Officer Jill Perumean, Fire Inspector Silva Verge], Business License Officer Jeff Wang, Building Inspector Jack Orswell, Police Officer Mike Daleo, Police Officer. ADMINISTRATIVE CITATION .,PQA�TE TIME (�A.M. D OF WEEK 04— b 1k 11.0 Y �5 P.M. W T F S Repeat Offense NAME (FIRST, MIDDLE. LAST) $E C I N ca o F 1■k c ss t3 k. 1 5?A ADDRESS CITY STATE ZIP t33 E. tAt Cl 14N A rAPtCVq \vo OWNER ADDRESS CITY STATE ZIP DRIVERS L CENSE NO. STATE CLASS D.O.B. TENANT PHONE TENANT AN INSPECTION oFTHE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS IDEMIREDTT TE'EOLLOYNNG V)QLA l0.N(S) OFTHIE-ARCADIA MUNICIPAL CODE CODE SECTION oescamoN ::,0 C. S DVS v,es tC, C °I.C. 9,.r-L-0' t) TOTAL F(NE, City of Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066 -6021 702 THE•ABOVE STATED RNE(S) MUST BE PAID 70 THE CITY OF ARfADIA WTHIN THIRTY DAYS FROM THE QATE OF THIS CITATION, FAILURE TO PAY THE ABOVE STATED 'FINE(S) SAC THIRTY (3(1) DAYS WU3. RESULT IN THE EAP06l flON OF LATE PAY- MENT CHARGES COMPRSED OF A 1O% OF}JNDUENCY PENALTY AND INTEREST AT12% PEFt MONTH. PAYMENT OF THE ABOVE SILTED FINE(S) DOES NOT EXCUSE OR DISCHARGE ANY CONI1MJP. i0N OR REPEATED OCCURRENCE OF THE CODE VIOLATIONS) THAT IS ARE) THE SUBJECT OF TH S CITATION. YOU ARE FAY ORDERED TO CEASE AND DEsisr FROM CONTINUING OR REPEATING THE CODE VIOLAI1ON(S) OT'SCREIED IN THIS CITATION. VIOLATIONS NOT COMMITTED DECLARED ON INFORMATION AND BELIEF. 1 DECLARE CINDER PENALTY OF F 1- UNDER THE LAWS OF THE STATE OF CAUFOIWi1A THAT THE r AND °GAPECT. /j" ER PHONE it ER WORK D A T I C r SERVICES OFFICER I.D. LTJ c .y O (626) 5745421 �lJ 0 574 -5437 ADDITIONAL INFORMATION ON BACK SIDE DEVELOPMENT SERVCES DEF P ENT .RCADKPRINTINGSERVICES FINE (\t kW (600 City of Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive Arcadia, CA 91066 -6021 707 ADMINISTRATIVE CITATION ong ME is A.M. DAY OF WEEK Case* a• —kb 1\ AS 0 P.M. Scy7 W T F S p Repeat Offense NAME (FIRST, MIDDLE. LAST) Q ?era CA l�� t_ AN tt..!! ADDRESS CITY STATE ZLP 15 (14 ?P ti. LIC Ade.rtke4 Rnusit Arc) OWNER ADDRESS CITY STATE ZIP \ka S ci'. C AV 1 K 4 DRIVERS LICENSE NO. CLASS D.O.B. TENANT PHONE 0 r:::::.,: OWNER 13(40,405 WVOIER 4:5 TENANT WORK TaIAL f COMMENTS AN INSPECTION OF THE PROPER'T'Y FOR WHLCH"YOU ARE RESPONSIBLE HAS IDENIIFIEDI E RILL A Nt31AOLATION{S) 0F' FE ARCADIA MUNICIR4L CODE s lN FINE 's ■Riti 1 R 0 to cP 5 x" C. THE ABOVE STATED FINE(S) MUST BE FWD TO THE Crrf OF ARCADW IMTI•NN THIRTY (30) DAYS FROM THE DATE OF THIS ORATION, FAlwaE TO MY THE ABOVE SIP213) MEP) `WITHIN SAID THIRTY (30) WS VAL RESULT IN THE MPOSTIION OF LATE W V- ME'NT CHARGES COMPRISED OF A 1O% DEUNDUENCY: PENALTY AND IMERESr AT'IQ% PER MONTH. PAYMENT OF THE ABOVE STATED FIE(S) DOES NOT EXCUSE OR DUSCFWRGE ANY COM0EY4TION OR REPEATED OCCURRENCE OF THE CODE VIOLATIONS) THAT E ARE) `THE 'SUBJECT OF TI41S cIw7IoN. YOU ARE HEREBY ORDERED 7D CEASE AND DESIST FROM CONTINUING OR REPEATING TIE CODE VIOLATION(6) DE0C/VBED P THIS cmcnON. 0 VIOLATIONS NOT COMMITTED DECLARED ON INFORMAT1ON AND BEUEF. 1 DECLARE UNDER PENALTY OF U Et THE LAWS OF T11E STATE OF CALIFORNIA CORRECT i 1 o (626) 574.5421 O (526) 5746437 5 OFFICER I.D. ADDITIONAL INFORMATION ON BACK SIDE DEVELOFMEHr SERVICES DEPARTUENTMRCAWA mamma $ERViCE$ City af,Arcadia Development Services Department Code Enforcement Section 240 West Huntington Drive O Arcadia, CA 91066 -6021 ADMINISTRATIVE CITATION 'T ME M. DAY OF WEEK Case d b r tV.. Q P.M. COT W T F S Q Repeat Offense NAME (FIRST MIDDLE, LAST) Q O ER t ©k I.1 MA/NT tfI \ESS "4- �t S PA aka t t S KO r`LK- E Y 5-1-,1 :6 A L-VArketZA OWNER ADDRESS CITY STATE ZIP DRIVERS LICENSE NO. ':STATE CLASS D.O.B. E a5 `t 5 Cpt' AN INSPECTION OF THE PROPERTY FOR WHICH 'YOU ARE RESPONSIBLE HAS CENTRED THE FOLLOWiNGVJQLAT1ON(S) OPINE MCADIA MUNICIPAL CODE TENANT PHONE (n t.o SC1Q OWNER PHONE a TENANT WORK .;:'�r\ ::`GINNER WOE:e' EATEN -g -ft 5 .At) `.5. C. RE-4 r) THE ABOVE STATED FINE(S) MUST BE PAD TO THE CITY OF ARCADIA MTHN THIRTY (30) DAYS FROM THE DATE OF THIS CTIA'110w, FAU RE TO RAY 1HE ABOVE STATED FINE(SIWIDON SND THIRTY ca DAYS WILL RESULT IN THE IMPOSMON OF LATE RAY IIENT GiARGES COMPRISED OF A 10% DELJNOUBCY MALTY AND INTEREST AT1Q% MONTH. FAYMEdT OF THE ABOVE STATED FINE(S) ODES NOT EXCUSE OR DISCHARGE ANY CONTINUATION OR REPEATED OCCURRENCE OF THE CODE 1noL r DN(s) THAT IS (ARE) THE &SECT OF THIS CITATION. YOU ARE HEREBY ORDERED 10 CEASE AND DESIST FROM CONTINUING OR REPEATING TIE CODE VIOLA11OH(S) DESCRIBED IN THIS CITATION. Q VIOLATIONS NOT COMMITTED -4 •ON INFORMATION AND BELIEF OF CAUFORNIA THAT THE a' THE LAWS OF THE STATE 1 DECLARE UNDER PENALTY OF CORRECT «D T. 0 (626) 574-5421 0 (626) 5745437 ADDITIONAL INFORMATION ON BACK SIDE DEva.O U HT BERVCES DEPARTMENUMC ADIA PftlINTIHG SERVNES I.U.# 5/18/2010 09 -2169 On 5/14/2010, at 1100 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, Silva Verge!, Business License Officer, and Jeff Wang, Arcadia Building Department, inspected I Fitness and Beauty Spa, 133 E. Huntington Dr, Arcadia. Jeff Wang acted as our interpreter. We talked to Yi Ma, the owners wife. This was a follow up to our fast visit on 02/05/2010 to see if there were any violations. We found the following violations again: Notice missing in room 1, no Roster of Employees and no Records of Treatment. A copy of our inspection sheet was given to Ma. Jill Perumean, Fire Dept, found the following: remove shelf in closet in laundry room -it is blocking fire sprinkler, remove storage in water heater closet, remove hasp from front door and dead bolt from rear door. These violations must be corrected within 14 days or before 5 -28 -2010. A copy of the inspection report was given to Ma. Terry Moore -Korse wrote the following: I inspected the subject business to verify compliance of the Arcadia Municipal Code. The following items were noted to be corrected: No signs in lobby, no roster of employees, no sign in lobby or room #1, records of treatment inadequate. A citation will be issued for the above violations. The woman's handicapped restroom is filled with storage and we asked that they clear it of storage so it can be used by their customers. Additional Information Their hours are 1000 to 2100 hrs, seven days a week. Percentage of income is split 50% -50% between spa services and massage. The rates are $50 per hour for massage and $40 per hour for spa services. A friend, Shu Chuan Lu, CDL- D8649562, was there. Not sure why she was there. Qiang Zhao, MT 09046, expires 6/2010, was not present. Lian "Susan" Hao, MT 09044, expires 7/2010, was present but could not produce her massage ID card. rn. Dam 4 'U;5 c) I ARCADIA POLICE DEPARTMENT INCIDENT REPORT Foy Now use aniy Cese No. a t 0 Z69 I L TYPE, LOCATION AND TIME OF INCIDENT 1 Type of Incident 6 i GdD� ()Q btN14 AJC d Location Occurrence t illiftrn lkiarO v O2.- Premise ►rrieVcc'rk. Occurred on/or Date 5 -I 0 Day Fe( Day Time 11! Time Between Date and Time Reported h G�,. hi/6.2 �I 6 Beat/RD and c> Date Driv Il. REPORTING PARTY VICTIM OWNER 0 RIO SUBJECT 1 Last Name First Name Middle MA l Race A- Sex Birthdate (Mo/DayNear) Residence Address City State Zip Code Res Cell# Business Address or Sch Attended CItty State Zip Code d- 6 t Au .R1 i33 a t iJntti�J ki Novo, Q `us T Y'-� 7 b 0 E=°#' IIREloraRVrala <PARMo`..,vICTIrulin 'c►I CI ,0 tsuBjECTE14: Last Name First Name _Middle Race Sex Blrthdate (Mo/Day(Year) Residence Address City State Zip Code Res it Cell Business Address or School Attended City State Zip Code Bus III. VEHICLE INFORMATION 1 Year, Make, 'Model, Style, Color, License Plate w /State Suspect Vehicle Victim Vehicle Other. Involved Vehicle IV. PROPERTY DESCRIPTION 1 'Model Number Serial Number Color Lost/Stoten/Damaged/Found Value A .Kn7s/►A lie Date S (N tO Name of Business "I- err-NJ S PA Responsible Person 1 NA Address 133 C 14 1,) 3J Ot x 1 1 fit A /l_ —r Telephone Number I44 -1 68b 6418.19. OPERATIONS. entification Cards. Each massage therapist shall at all times have in his or her possession the Massage rapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. Each owner and/or operator shall at all times have in his or her possession the Owner /Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E) Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron "s specified anatomical areas, including the genital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. (G) Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services, authorized by this Division. Discrimination. No massage therapist (H) Discrimination. rapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, handicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner /Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulations are met. (J) Lighting. The lighting in each massage room shall be at least one (1) sixty -watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M) Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrons and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (0) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (18"). Two inch (2 thick foam pads with maximum width of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable.of being locked. The business premises" exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and ums shall be charged for such services other than those posted. otices. The following notice shall be conspicuously posted in a location within the business where .•.sage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: M L c L k n a t eV ChtA 1.) L) f j7 COLArbili �r 1N COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. oster of Employees. The business owner and/or operator shall maintain a register of all massage therapists employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available inunediately for inspection by the City regulatory officials upon demand at all nable times. ecords of Treatment. The business owner and/or operator shall keep a record of the dates and hours of treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.19 Massage Therapy Business Activities Primary Business Acupuncture )igDay Salon or Spa Physical Therapist Name of Medical Professional or Business Owner Q46.61 zrilkto Telephone Number Scheduled Hours at Location Primary Business Monday 0_9 Tuesday Wednesday Thursday Friday Saturday Sunday Percentage of Income Sources Primary Business Hourly Rate Primary Business Massage Therapists Present at the time of the Inspection Name BS) AO •44 Lie 't& Medical Office Chiropractor Other Present at time of inspection? Yes No Massage Therapy Massage Therapy Therapy 4- X) (f+fi— MT ID SWU CA-401 LL(, ct p& L(9stoZ P cR 0 k (tea r ror 0° '17/(0 UAL) H c QkUtti 2t 0 0 0 0 0 0 0 0 0 No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection. i:{ Your attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and 'Lite Safety Requirements. For clarification of the items noted, please refer to the comments section. FIRE PROTECTION SYSTEMS Service portable fire extinguishers) 906.2 Fire extinguisher(s) required 906.1 Fire extinguisher(s) mounting required 906.7 Fire sprinkler 5 year certification required 901.6.1 Fire sprinkler system maintenance required 901.6 Fire alarm system maintenance required 901.8 Hood and Duct fire system service required 901.6 Hood and Duct system leaning required 901.6 HOUSEKEEPING VIOLATIONS Fire resistive construction 703.1 Fire assembly testing and maintenance 703.4 Improper storage of combustible materials 315.2 No storage allowed in bollerimeehanicaUetectrical rooms 315.2.3 Improper use of combustible decorative material 807 Combustible vegetation 304.1.2 GENERAL REQUIREMENTS Address numbers 505.1 Knox Box required 506.1 Secure compressed gas cylinders, tanks, containers 3003.5 54ork COMENTS: 1 i(nec.to? i i t ,rte Jel i_ r tti- AA ,PIP You are hereby notified to correct the items checked above within 14 days, or prior to /0 A re- inspection will be held on or after this date at no charge. A reinspection fee may be assessed and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. 1 have read this statement and understand that a fee may be charged if corrections are not made in a timely manner and additional re- inspections are necessary. Inspector's Name: I `�.�'i' c 3i ID#: Company: Captain's ID FPB 101 Contact Person SignOl*Ye. ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626) 574-5104 (626) 445-1819 FAX AV* 0 0 Date: 5 /Li IV DBA:I E-1 e') /33 E. 111411011 Business Address OCCYif ELECTRICAL. HAZARDS improper use of zip cords or extension cords 605.5 Improper use of multi -plug outlets 605.4 Electrical panel access —605.3 Correct electrical hazard 605.1 EXIT REQUIREMENTS O Exit obstruction 1028.3 0 Aisle obstruction 1014.4 Exit doors operation 1008.1.8 Exit door locking devioes 1008.1.8.3 hus Corridor obstruction 1028.3 Stairway obstruction 1028.3 O Exit sign illumination 1011.2 Exit signs required two or more exits 1011.1 O Emergency backup exit lighting 1027.5 SPECIAL HAZARDS O Permit required App 1 105.1 Extreme hazard App 1 110.1 Other hazards Date: 5 IV /J DATE: May 18, 2010 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection on Friday May 14, 2010 of premises located at 133 West Huntington Drive, Arcadia I inspected the subject business to verify compliance of the Arcadia Municipal Code. The following items were noted to be corrected: No signs in lobby. No roster of employees No sign in lobby or room #1 Records of treatment inadequate MEMORANDUM Development Services Department A citation will be issued for the above violations. The woman's handicapped restroom is filled with storage and we asked that they clear it of storage so it can be used by their customers. MYreviews.com Nancy 626- 445 -1668 1 Fitness Beauty Salon San Gabriel Valley Mas... rage 1 or 2 ADVANCED SEARCH BASIC REVIEW SEARCH SUBMIT REVIEWS DIRECTORY LISTINGS SUBMIT DIRECTORY MEMBER LOGIN MY ACCOUNT MY EMAIL MY FAVORITES MY BUDDY LIST MY NOTES FORUMS CLASSIFIEDS MPR BLOG MP NEWS CONTACT MPR TERMINOLOGY TOOLBAR FRIENDS HOME )ohnstrongl Become a VIP! Thursday, May 6, 2010 Printer- frlendly coov .0 Email This review to a friend .J Bookmark this review Provider Details Nancy's Profile VIP Members! ONLY! Add photo Parlor Profile Vio Members! Provider Details Ethnicity: Asian Chinese Age: 30 -37 Hair Color: Black Height: 5'4" to 5'6" Tattoos: Vio Members! 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Huntington Dr., Arcadia, 91006 poogle map 1 yahoo map Enlarge Picture Enlarge Picture Account Login 1 Affiliate Program intv,f) 1 Bloq i Help I Popular Searches I Privacv Policy I Promote Us I Terms of Use I backpage.com Copyright 2010 Iosangeles.backpage.com is an interactive computer service that enables access by multiple users and should not be treated as the publisher or speaker of any information provided by another information content provider. http: /lo sangeles.backpage. com/TherapeuticMassage /pretty asian girls best body massage -s... 5/6/2010 Iecorpe.rored Aoyucr 3, 190 June 22, 2010 TO: Arcadia Business License Review Board FROM: Jim Kasama, Community Development Admytrator By: Silva Verge!, Business License Officer SUMMARY INTRODUCTION STAFF REPORT Development Services Department SUBJECT: An Appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Yuhong Clinic of Oriental Medicine at 638 W. Duarte Rd., #5 At the request of the Arcadia Police Department, the Business License Office on May 17, 2010 revoked the business license for Yuhong Clinic of Oriental Medicine at 638 W. Duarte Rd., #5 for noncompliance with the City of Arcadia Massage Therapist and Business License regulations. The revocation notice is attached as Exhibit 'A'. Mr. Hong Yu, the owner and operator of Yuhong Clinic of Oriental Medicine filed an appeal of the revocation on May 27, 2010. The appeal letter is attached as Exhibit 'B', and the Police Department's revocation request and reports are attached as Exhibit 'C'. The Development Services Department is recommending that the Business Permit and License Review Board deny the appeal and uphold the revocation. Ordinance No. 2263 was adopted on December 1, 2009 and designated the Planning Commission as the Business Permit and License Review Board (Board). The Board serves to hear appeals of business license denials and revocations. The Board is the first arbiter of appeals and the Board's decision may be appealed to the City Council. Prior to the adoption of Ordinance No. 2263, the appeals of business permit and license denials, revocations and suspensions were heard by a Business Permit and License Review Board that was comprised of City staff; the Administrative Services Director or designee, the Fire Chief or designee, and the Public Works Services Director or designee. In this format, the Business Permit and License Review Board served as an advisory body that provided technical assistance to the Business License Officer for the review of certain permit and license applications and to the City Council on appeals. This was a cumbersome arrangement, and the City Council amended the composition of the Business Permit and License Review Board by designating the Planning Commission as the Business Permit and License Review Board and amended its duties from an advisory role to a decision making body with the authority to hear and act upon business permit and license appeals. Revocation and Appeal Process Per Arcadia Municipal Code Section 6216.7, the Business License Officer may suspend or revoke any business license upon receipt of information from any source that any of the following has occurred: (1) The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has knowingly made any false, misleading or fraudulent statement of material facts in the application for the license or permit, or in any report or record required to be filed with the City's Police Department, County Health Department, or any other City Department or office in connection with the operation of the business; or (2) The business has been expanded, or partially or wholly converted to another business without the required City approvals and permits; or The holder of the 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 business covered by said license is conducted, or in connection with said business; or (3) (4) The holder of the license, or his or her employee, agent, partner, director, officer, controlling stockholder or manager has, in the conduct of the same or any similar business, been guilty of fraud, misrepresentation or conduct detrimental to the public welfare which includes operations or activities that do not comport with the peace, health, safety and convenience of the public such as (a) operation of a business prohibited by local or state law (b) allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property. Subsequent to the issuance of a revocation and within ten (10) days, an applicant or business licensee may file an appeal to the Business Permit and License Review Board (Board) and within 30 days or as soon thereafter as possible, a hearing shall be conducted by the Board. Any Board member who has any financial interest in the outcome of the hearing or is unable to make a fair, impartial and unbiased Yuhong Clinic of Oriental Medicine 638 W. Duarte Rd., #5 June 22, 2010 page 2 determination shall not participate in either the hearing of in any determination or recommendation after the hearing. During the hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The Board shall not be bound by the formal rules of evidence and may require the presentation of additional evidence from any party involved. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or witness at the request of the applicant or licensee, or any other party. Extensions of time or continuances sought by an applicant or licensee shall not be considered delay on the part of the City and shall not be deemed to constitute failure by the City to provide for a prompt decision. At the conclusion of the hearing, the Board shall, by a majority vote of the members present at the hearing, order that the license be revoked, suspended, reinstated, or reinstated contingent upon the applicant or licensee performing some remedial action such as, but not limited to, paying a fine or penalty. The Board may also prevent the holder of a revoked or suspended license from applying for a new license within one year or such other certain, specified reasonable time period as the Board deems prudent. Within ten (10) days of receiving notice of the Board's decision, the holder of the revoked license, any member of the City Council, any affected City Department Head, or any other business or resident of the City may appeal the decision by filing an appeal to the City Council. BACKGROUND Beginning in the summer of 2008 and in response to a proliferation of establishments offering massage services, a team of inspectors comprised of various City department staff members conducted a series of inspections of over 40 such establishments. Most of the businesses were given notices of numerous violations and many of the businesses corrected those violations, but several businesses did not make the required corrections even after being issued citations; and those businesses had their licenses revoked. Of those eight (8) businesses; four (4) closed without appeals, three (3) had their appeals denied by the City Council, and one (1) license was reinstated. On October 21, 2008 the City Council passed a 45 -day moratorium on massage uses and extended it for an additional 10 months and 15 days on November 18, 2008. During this moratorium, staff reviewed the City's regulations and enforcement measures and the new State legislation governing massage therapists (SB 731) and brought Ordinance No. 2260 before the City Council. The Ordinance was adopted on August 19, 2009 and established revised regulations for massage therapy. The new regulations continue the prohibition of stand -alone massage establishments and require that massage services be incidental and secondary to a primary personal service business. Yuhong Clinic of Oriental Medicine 638 W. Duarte Rd., #5 June 22, 2010 page 3 GENERAL INFORMATION APPELLANT: Mr. Hong Yu, owner /operator of Yuhong Clinic of Oriental Medicine LOCATION: 638 W. Duarte Rd., #5 REQUEST: An appeal of the business license revocation for noncompliance with the following Arcadia Municipal Code Sections relative to the City of Arcadia Massage Therapist and Business License regulations DISCUSSION Business License No. 049409 was issued to Mr. Hong Yu on October 27, 2008 to operate the Yuhong Clinic of Oriental Medicine as an acupuncture office, offering acupuncture and herbal treatment at 638 W. Duarte Rd., #5. The business license was issued for the operation of Oriental Medicine and not for any massage therapists. Yuhong Clinic of Oriental Medicine was inspected by the City on the following dates: November 17, 2009, January 19, 2010 and February 25, 2010. On each occasion, City staff found multiple violations of the following Arcadia Municipal Codes: 1) Section 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including, the office of a chiropractor; and (b) a personal service business. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on, any massage therapy business, unless the massage operations are conducted within a structure located in a zone where such use is permitted. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division including licensing requirements, and all other applicable requirements of law. 2) Section 6418.5. BUSINESS LICENSE REQUIRED. Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City of Arcadia a Massage Yuhong Clinic of Oriental Medicine 638 W. Duarte Rd., #5 June 22, 2010 page 4 Business License. Obtaining the required business license includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. The applicant shall file a written application on the required form provided by the Development Services Department. 3) Section 6418.9. BUSINESS OWNER /OPERATOR RESPONSIBILITY. All massage therapy business owners and /or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Division shall be deemed the pct or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed. No business owner and /or operator shall employ any person, or allow any person, to conduct a massage or act as an independent contractor conducting massage who does not have either a valid Massage Therapist Identification Card or a Massage Certificate and City of Arcadia Massage Verification Card. In order to ensure compliance with these Code provisions, no massage therapy business owners shall employ any person who has not shown them either their valid Massage Therapist Identification Card or valid Massage Certificate and City of Arcadia Massage Verification Card. After the inspections and investigation, the Arcadia Police Department requested that the Business License Office revoke the license of Yuhong Clinic of Oriental Medicine. The revocation request and the inspection reports, including Internet printouts are attached as Exhibit 'C'. The business license for Yuhong Clinic of Oriental Medicine was revoked on May 17, 2010, and the owner /operator appealed the revocation on May 27, 2010. These correspondences are attached as Exhibits 'A' and 'B'. RECOMMENDATION The Police Department and the Development Services Department recommend that the appeal be denied and the revocation of the business license for Yuhong Clinic of Oriental Medicine be upheld, and that Mr. Hong Yu not be allowed to own or operate a business in the City of Arcadia for a period of one (1) year. Alternatively, if the appeal is to be approved, the Police Department and the Development Services Department recommend the following conditions of approval: 1. The business and premises must be in compliance with the Arcadia Municipal Code, and all other applicable State and Federal regulations. 2. The business license shall be subject to review by the Business Permit and License Review Board (Board) for twelve (12) months, and should any violation occur, it shall be brought directly to the Board's attention, at Yuhong Clinic of Oriental Medicine 638 W. Duarte Rd., #5 June 22, 2010 page 5 which time the Board may revoke the business license in accordance with Sections 6216.7 and 6216.8 of the Arcadia Municipal Code. BUSINESS PERMIT AND LICENSE REVIEW BOARD ACTION Approval of Appeal If the Business Permit and License Review Board (Board) intends to approve the appeal and overturn the revocation, the Board should move to sustain the appeal and overturn the revocation and state the reason(s) for the decision based on the evidence presented, subject to the following conditions or as modified by the Board: 1. The business and premises must be in compliance with the Arcadia Municipal Code, and all other applicable State and Federal regulations. 2. The business license shall be subject to review by the Business Permit and License Review Board (Board) for twelve (12) months, and should any violation occur, it shall be brought directly to the Board's attention, at which time the Board may revoke the business license in accordance with Sections 6216.7 and 6216.8 of the Arcadia Municipal Code. Denial of Appeal If the Business Permit and License Review Board (Board) intends to deny the appeal and uphold the revocation, the Board should move to deny the appeal and uphold the revocation of the business license for Yuhong Clinic of Oriental Medicine and require that Mr. Hong Yu not be allowed to own or operate a business in the City of Arcadia for a period of one (1) year or for such time that the Board deems prudent. If any Business Permit and License Review Board member, or other interested party has any questions or comments regarding this matter prior to the June 22nd hearing, please contact Business License Officer, Silva Vergel at (626) 574 -5430 or svergel @ci.arcadia.ca.us. Approved by: Ji ma mmunity Development Administrator Attachments: Exhibit 'A' Revocation Notice Exhibit 'B' Letter of Appeal Exhibit 'C' Revocation Request and Inspection Reports Yuhong Clinic of Oriental Medicine 638 W. Duarte. Rd., #5 June 22, 2010 page 6 City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5415 (626) 447 -3309 Fax www.ciarcadia.c.a.us May 17, 2010 Mr. Hong Yu Yuhong Clinic of Oriental Medicine 638 W. Duarte Rd., #5 Arcadia, CA 91007 SUBJECT: Revocation of Business License No. 049409 Dear Mr. Yu: The purpose of this letter is to inform you that Business License No. 049409 for an acupuncture office located at 638 W. Duarte Rd., No. 5 is being revoked. Said revocation is due to violations of the Arcadia Municipal Code that have been listed below: 1. 6418.3. Massage therapy business activities shall be purely incidental and secondary to any established business 2. 6418.5. Business License Required 3. 6418.9. Business Owner /Operator Responsibility You are to immediately cease the operation of your business within the City of Arcadia. Continuing to operate the business in the City without a license violates Arcadia Municipal Code Section 6211, which constitutes a misdemeanor. Per Arcadia Municipal Code Section 6418.23 (attached) you may appeal this decision within ten (10) days of the date if thus notice. Said appeal must be made in writing and delivered to the undersigned by Thursday, May 27, 2010. If you have any questions, please contact me at (626) 574 -5430 or at svergel @ci.arcadia.ca.us. Sincerely, Silva Verge] Business License Officer C: A A Capital Inc., Property Owner Enclosure CERTIFIED K.&IL RETURK RECEIPT REQUESTED EXHIBIT 'A' Hong Yu 300 S 5 St. Ste G Oxnard, Ca 93030 May 25, 2010 City of Arcadia, CA Business License Office Dear Business License Officer Ms. Silva Vergel The purpose of this letter to file an appeal to the notice of business license office, City of Arcadia regarding the business license No. 049409 for Yuhong Clinic of Oriental Medicine, an acupuncture office located at 638 W. Duarte Rd. #5 is being revoked. Thank you! Best Regard! Hong Yu .L.Ac., M.D. EXHIBIT `B' Date: May 6, 2010 To: Sergeant T. LeVeque From: Detective J. Bonomo Subject: Massage Establishment Revocation Request Sir, The City of Arcadia's massage establishment inspection team has conducted several inspections at Yuhong Clinic of Oriental Medicine, 638 W. Duarte Rd. #5, and has found and documented several continued non compliance issues that I believe will not be resolved regardless of our efforts. The employees have been warned and cited for these violations several times. Based on our observations and actions taken, I request that this business have their business license revoked and be sent before the review board for violations of 6418.9 (Business Owner Responsibility and Acupuncturist Site Only,) 6418.5 (Business License Requirements,) and 6418.3 (Allowing Massage Activity.) I have attached all Police and City reports associated with this business to this report, along with reviews from an internet massage review site. This package will be forwarded to the Business License Office for processing. Police Department EXHIBIT 'C' 1CADCA POLICE DEPARTMENT CIDENT REPORT TYPE, LOCATION AND TIME OF INCIDENT Premise YY Beat/RD 5 Occurred onlor i Between Date and c Date 1 1 ((1 (a Day Day Time (230 Time pe of Incident Ht i ()(2-1I IU A icatlo of Occurrence (AJ 0 �1 4 r 2�� 5 ate and Time Reported �I lb rte Driver's License Race Sex F Birthdate (Mo /Day/Year) Res Bus 562- 1 .L REPORTING PARTY 0 VICTIM First Name ast Name 61 tesldence Address Last Name Residence Address Ill. VEHICLE INFORMATION IV. PROPERTY DESCRIPTION Article /Make kJ City First Name City Business Address or School Attended City 'Model Number OWNER R/O SUBJECT 0 Middle U N Business Address or School Attended City IL ?I�I�i V tJf�JN(a 0-//v) c or 6 p1 e pit- MW 6 VC Lt) r DuA Rol✓ 4 '5 A geif `r 11,AEPBTITING PAFIT.Y:CI VIC tMI OWNERIQ?, R100 'StIByECT Middle QriYe,rtat License Race Sex Birthdate (Mo/DayNear) Res Cell Bus Year, Make, Model, Style, Color, License Plate •w /State Suspect Vehicle Victim Vehicle Other Involved Vehicle 1 Serial Number State Zip'Code State ZIp•Code State Zip Code State Zip Code Color Fpr Apej>gy Use Only Ease No. Lost/Stoie n/D amaped/Found Value CADIA POLICE DEPARTMENT :IDENT REPORT NARRATIVE Officer and ID 0 2 147notcl For P.getioy Use Oply Case No. Date, Supervisor and ID 12- 10 Date Page of 12/17/09 09 -6281 On 11/17/09, at 1730 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, and Jeff Wang, Building Dept, inspected Yuhong Clinic of Oriental Medicine, 638 W. Duarte, #5, Arcadia. Jeff Wang acted as our interpreter. This was our initial visit. We talked to Jian Ling Bi, MT 08126, CDL D6472409, DOB 02/04/60, expired 7/09 but was valid for 610 E. Live Oak only. Also present was Jian Ju Zhu, MT 08171, expired 10/09, CLD D2818945, DOB 01/18/61. Zhu lives at 10451 Mulhall St, #17, El Monte. The acupuncturist that is supposed to be here is Dr. Hong Yu but he was not present. Both Bi and Zhu said they were there to answer the phone and to make appointments. They could not show us who called and what appointments were made. They had not records at all. Because Bi's license was expired, we took her expired Massage Therapist card and will destroy it. Our visit was prompted by a letter from an anonymous letter complaining that this location does massages and not acupuncture and that a lot of people are in and out of the business on a'daiiy basis (see attached letter). Jill Perumean, Fire Dept, found no violations (see attached). Terry Moore -Korse documented the following: On November 17, 2009 I inspected the subject business The business is an acupuncturist's office for acupuncture only there are to be massage therapist at the property it states this on the license. It also states the acupuncturist must be present during business hours. When I arrived at the location there were two massage therapists at the office and the site was open for business but the doctor was not at the location. There is also an unpermitted shower that is located at the property that will need to be removed. A citation has been issued the above noted violation (see attached letter to the business owner, Hong Yu). M Do, l ia- Hi (0°1 DATE: December 2, 2009 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection of premises located at 638 West Duarte, #5, Arcadia, CA On November 17, 2009 I inspected the subject business. MEMORANDUM Development Services Department The business is an Acupuncturists office for acupuncture only there are to be no massage therapist at the property it states this on the license. It also states that acupuncturist must be present during business hours. When I arrived at the location there where two massage therapists at the office and the site was open for business but the doctor but there was no Acupuncturist at the location. There is also an unpermitted shower that is located at the property that will need to be removed. A citation has been issued the above noted violation, City of Arcadia Development Services Department Jason Kruckeberg Director of Development Services 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5415 (626) 447 -3309 Fax www.ci.arcadia.ca.us November 30, 2009 Hong Yu Business Owner Yu Hong Clinic of Oriental Medicine 638 West Duarte, #5 Arcadia, Ca 91007 Subject Property: 638 West Duarte, #5, Arcadia, CA Dear Business Owner: During an inspection on November 17, 2009 it was noted that the business located at the subject property is maintained in violation of the following Arcadia Municipal Code, Sections: 6418.19(L) Proper permits are required for plumbing installations 6418.6 Massage therapist are not ..licensed and this is Acupuncture only office. To comply with the Arcadia Municipal Code you must cease offering massage services at your location Until such time you receive the necessary license and other approvals to prvide such services. You must also secure the appropriate permits for the installation of a shower in the restroom area or return the restroom to its original condition. You have received citation #747 regarding failure to comply with the above noted violations. It is imperative that you understand that continuing to violate the code in such a manner will lead to revocation of your business license along with citations and penalties. Please submit payment for any unpaid citations to our office. I have enclosed a self addressed envelope for your payment. Be sure to add the citation numbers on the check or send a copy of the citation with your payment. I enclosed a copy of each of your citations for your review. Should you have questions or concerns regarding the enforcement of this matter, please contact me at (626) 574 -5436 office, (626) 688 -6266 cell or by e -mail at tmoore ci.arcadia.ca.us Sincerely, Terry Moore -Korse Code Services Officer BUSINESS LICENSE CERTIFICATE erry OF ARCADIA The person, firm or corporation named below is granled this certificate pursuant to the provisions of the City Business Tax Ordinance to engage in, carry on or conduct the business, Trade, calling, profession, exhibition or occupation described below. Issuance of certificate is not an endorsement, nor cerlifleeUon of compliance with other ordinances or laws, nor an assurance that the proposed use is in conformance with the city zoning regulations. This certificate is Issued without verification that the taxpayer is subject to or exempt from licensing by the State of California. Business Name: Business Location: Business Owner(s): YUHONG CLINIC OF ORIENTAL MEDICINE f 638 W DUARTE RD. #5 ARCADIA, CA 91007 Yuhong Clinic Of Oriental Medicine 638 W Duarte Rd, #5 Arcadia, CA 81007 Hong Yu TO BE POSTED 114 A CONSPICUOUS PLACE Business Type: 1113 Description: Acupuncture ACUPUNCTURIST MUST BE PRESENT DURING BUSINESS HOURS. ACUPUNCTURE ONLY NO MASSAGE THERAPISTS Account Number: License Fee: Effective Date: Expiration Date: 049409 5 170.20 09/3012009 09/30/201D NOT TRANSFERABLE Clay of Arcadia Development Services Department Code Enforcement Section 240 Arcadia, A a, CA 91066-6021 747 ADMINISTRATIVE CITATION DATE A.M. DA OF WEEK Case 111.36/0 11; Q P.M. S z}I' W T F S Repeat Offense NAME (FIRST, MIDD(., LAST) [TOE CT'LTl'� f� l,C. .�1'E 1 t- arion� el iI1 Lc. 0C Dri �a! 14teo& ADDRESS CITY STATE ZIp G 3`8I PuG11r 1k5a4rc .L4 1/o0 7 OWNER ADDRESS CITY STATE ZIP t 2-3 p-r44 .olA,.¢i c RIPsC411 i a 547,6 s (DRIVERS LICENSE NO. STATE CLASS D.O.B. pI`9tot( cdf1 TENANT PHONE OWNER PHONE If 012 S`(I -Z 3 TENANT WORK 0 "s OWNER WORK AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS IDENTIFIEDVEJFOLLOWNG V IOLAT1ONIS)OFTHEARCADIA MUNICIPAL CODE CODE: ECTION DESCRIPTION FINE I(6, I R Ci_) no Pornu�Far s�e.r— 100,0c.) 8t le Bwst,toss OWna'r atscb /00,0 TOTAL FINE COMMENTS Te.r 0 (828) 5748421 x4528) 674 5437(5 0,20 beg --4-2-44.6, DEVELOPMENT T SER I ON DE1N Ile1RGC R I E B THE ABOVE STATED FINE(S) MUST BE PAID TO THE CITY OF ARCADIA WTHIN THIRTY (30) DAYS FROM THE DATE OF THIS CITATION, RAIWRE TO HAY THE ABOVE ST TED RNE(S) WITHIN SAID THIRTY (30) DAYS %ALL RESULT IN THE IMPOSITION OF tA1E PAY- MENT CHARGES COMPRISED OP A 10% DELINQUENCY PENALTY AND INTEREST ATIQ% PER MONTH. MINIM' OF THE ABOVE STATED FINES) DOES NOT EXCUSE OR DISCHARGE ANY CON INLATION OR REPEATED OCCURRENCE OF THE CODE V 0LA1)ON(S) THAT IS (ARE) THE SUBJECT OF THIS CI171110N. YOU ARE HEREBY ORDERED TO CEASE AND DEBT FROM CONTINUB43 OR REPEATING THE CODE VIOIATDONIS) DESCRIBED IN MB CITATION. L VIOLAT1ONS NOT COMMITTED DECLARED ON INFORMATION AND BELIEF. CLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUF0IWMA THATT E FOREGO IS TRUE AND CORRECT. DATE• 11 oI I.D.# Firm Yuhong Clinic Of Oriental Medicine Account 049409 Firm Fir* (Addili- lkirsat, 4L'occ6bn Mali (Add'1) Mall mail City B Ratc Blb aCna Last Roc Update Fi Ins, ln Stltur: "10/2712008 )'uhong Ciinic 0!Oriental Medicine W:Duarte:Rd i 'Arc4ia**1007 Inside 6.38 W Duarte R A rcaidia;.CA 91007 Massage /Day 4 IOW 09/30120 Active Active 049409 049409 (562) 841 -7637 Owner 1 Llachs Issuer; Lioinsa Explrsi.. NAIL Coda ¢IC Coda But ry pc APN BEAN 09/30/2009 Ap 1 09 130/2010 Rath 621399 -'0100 Miscella'nt304 1 8049002 A cuPUnt Mists, Excep M D t Q 1113 Acuppnctura �tlon Renewal Annual' (end of 12;rnght tt9h p ractitioners No massage therapy The su 3s currently used by anther acupuncturist ►1Jo i i u N C I AA T v L CG 710 Co b■ LUc- oAc. Q.6 L1131 riZ-tS Jt} o Ju 244-tA g o` 3 -(6 -b I D 4s 1 ow, l.1-i741,, Sf APT I1 b vcr) 3 Mr' (X301 WL- DLA-11 Z.4 -off' 2/4/kJ Do (A-c-tL St. ci i 770 hy- Petirz Cwesti 1 WC'1i io complain •de clitirc. a Rd We' Ye Mei( nepou)S s buiteq i5 aft ci.M3c,s. q* n- e J -wri.iit an •-oheiY GO0Y5 0 a %eal-th ce-tRY• hal ort4-1 cz. 9)eep_s 6).,Qa/ 4u-1 actual 5ee. 1'0 Ma99a :I „t 3de ..tkrills -1)4 botto aid 9441951e rho/apt 111 4 de iv? /iceace J cenfo( -6k-t haik 4vo woOeys Ytin 55 peope 05 4 71,, h a ct) ww-tde cmd haVe 116-6 See ei-elief .-Ma-t 4-k doad exainne,9 oil 1 Pey904 wh y olee("ex and 'fliofie) -00.961c6on 70455? aril Zt See 0- 3ue5 3-0 1 the' hea( ues-t foVe cAt-t eVel souPW 2 .5 rnea- -the hone The above z0 Q i i ay- 4 1. swi /case 77Ye c4eck w lies', 77e1 e veil y iuc`i r a ;fri uenc uS vvv* and S e We Ret fiet6te --6.17 1/'e$. c /r7G f IeQ9' dM4L 7e711 41 lee $ecYet5 il/rr %o 7 0,07 rj No violations noted (NVN). Thank you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection. Your attention is directed to the items checked below. These violations must be corrected In order to meet minimum Fire and Life Safety Requirements_ For clarification of the items noted, please refer to the torments section. FIRE. PROTECTION SYSTEMS Service portable fire extinguishers) 9062 Fire extinguisher(s) required 906.1 Fire extinguisher(S) mounting required 906.7 Fire sprinkler 5 year certification required 901.6:1 Fire sprinkler system maintenance required 901.6 Fire alarm system maintenance. required 90.1:6 Hood and Duct fire system.service required 901.6 Hood and Duct system Cleaning required 901:6 HOUSEKEEPING VIOLATIONS Fire resistive construction 703:1 Fire assembly testing and maintenance 703.4 Improper storage of combustible materials 3152 No storage allowed in boiler /rnechanical/electrcal rooms 3152.3 Improper use of combustible decorative material 807 Combustible vegetation 304.1.2 GENERAL REQUIREMENTS Address numbers —505.1 Knox Box required 506.1 Secure compressed gas cylinders, tanks, containers 3003.5 COMMENTS: �.1 7 Contact Person Signature: >y,/ av Inspector's Name: rAz7 ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTAANITAAVENUE ARCADIA, CA 91006 (626)5745104 (626) 445 -1819 FAX O Date: DBA tA L Act." )i. I (LA l U C Business Address OCCY# tI/) 5cD 4 ELECTRICAL. HAZARDS Improper use of zip Cords or extension cords 605.5 Improper use of multi -plug outlets 605.4 Electrical panel access 605.3 Correct electrical hazard 605.1 EXIT REQUIREMENTS Exit obstruction 1028.3 Aisle obstructoP 1014.4 Fait doors_ operation 1008.1.8 Exit dopy licking devices 1008.,1.8.3 Corridor obstruction 1028.3 Stairway. obstruction 1028.3 Exit sign illumination 1011.2 Exit signs required two or more exits 1011.1 Emergency backup exit lighting 1027.5 SPECIAL HAZARDS Permit required App 1 105.1 Extreme hazard App 1 110.1 O Other hazards You are hereby notified to correct the items checked above within 14 days, or prior to A re- inspection will be held on or after this date at no charge. A reinspection fee may be assessed and billed by the City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary. I have read this statement and understand that a fee may be charged if corrections are not made in a timely manner and additional re- inspections are necessary. Date: Captain's ID ID#: ComPany:l'� \�tr)�� P FPB 101 rpe of Incident I IO1 OM fJPJCC )cation of Occurrence 03f RJ. bl/r '"C6 4-5 Premise Occurred on/or Between Date D I 111 1 I 0 Day 711E Time 1730 ate and Time Reported 0 /I CI I (a 1 '13 o hrs, Beat/RD 3 z6, and c::> Date Day Time Article/Make 'Model Number Serial Number Color Lost/Stolen/Damaged /Found Value 2 3 4 5 k__ n a roperty Continuation Page l V Total OtficyAnd {t�# r` Z13S Date o f f2a /I Supervisor a Date 0/ 2- ROAM POLICE DEPARTMENT ICIDENT REPORT TYPE, LOCATION AND TIME OF INCIDENT Drivers License Race Sex Birthdate (Mo/Day/Vear) Res ,Gelb# Bus 5�2 0 l 7G 3 11. REPORTING PARTY VICTIM OWNER RIO SUBJECT a Middle JJ State Zip?Code .ast Name 2�4 lesidence Address Business Address or School Attended City State ZIp..Code yv w-v, J6 !ALAN Qt1 tvIA-L M�l�iu�vrz, (0 3 P Wi 1) Uftt276 20 A uk C 11 'REP TINE PAR3 f❑" OW1`i1 r.ast Name Residence Address III. VEHICLE INFORMATION I First Name J 1 A City First Name City Business Address or School Attended City State Zip Code Year, Make, Model,'Style, Color, License Plate w /State IV. PROPERTY DESCRIPTION I Kit _Middle' ulaEcT,C3 State Zip Code Ept ApePQy Use'Onty Case No. el;••O9— ((Z? •Driver's' License Race Sex BIrthdate (Mo/Day/Year) Res Cell Bus Suspect Vehicle Victim Vehicle Other Involved Vehicle Pace of [CAM POLICE DEPARTMENT =ENT REPORT NARRATIVE Officer an 'fr r7 At-4 Date 1/0 Supervisor and 0 For Agency Use Only Case No. 2 8 Date Page of 01/26/10 09 -6281 On 01/19/10, at 1730 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, and Jeff Wang, Building Dept, inspected Yuhong Clinic of Oriental Medicine, 638 W. Duarte, #5, Arcadia. Jeff Wang acted as our interpreter. We talked to Jian Ju Zhu, who said she had not renewed her massage therapist license (MT 08171- expired 10/09). She was the only person present. The location was open for business. This was a follow up visit from 11/17/09. We did not inspect the location because it is not licensed for massage therapy. Their business license also states that the acupuncturist must be present during business hours. No acupuncturist was present. Jill Perumean, Arcadia Fire Dept, found no violations. See 'attached inspection report. Terry Moore Korse, Code Enforcement- Documentatio:n to follow. Additional Information We spoke with Jian Ju Zhu, who stated she was "cupping" a friend in the back room. There was a male in the lobby when we walked in and when I asked him what service he was there for, he stated a massage. He said the person in the back was taking care of someone and he was next. Zhu said the acupuncturist was not present but would be, there in a few minutes. We asked Zhu to call the acupuncturist (Hong Yu) to see how much longer before he arrived. She called and got no answer. We then walked outside to discuss our visitation. Soon after, the male that was waiting -for a massage quietly left the location and walked away and Zhu started to close the business. "Cupping" requires touching an individual in places other than the head and feet. Therefore, the business is in violation of AMC 6418.1- definition of a massage and massage therapist and 6418.3 allowing massage therapist business activities. We were at the location for approx 30 minutes and the acupuncturist never showed up or called. r3 c- 2,0 2-( 2 5 2L, (la 0 0 0 Service portable fire extinguisher(s) 906 2 Fire extinguisher(s) required 906.1 Fee extinguisher(s) mounting required 906.7 Fire sprinkler 5 year certification, reouired 901.6.1 Fire sprinkler system maintenance required 901 6 A Fire maim system maintenance required 901 6 Hood and Duct fire system service required 901.6 Hood and Ducl system cleaning required 901.6 KEE': T<PV Fire resistive construction 703.1 Fire assembly testing and maintenance 703.4 Improper storage of combustible materials No storage allowed in boiler/mechanicalielectrital rooms 316:2,3 Improper use of combustible decorative nliderlill 807. Combustible vegetation 304 1 2 NET- Q Address numbers 505.1 Knox Box required 5061/ Secuie compressed gaSiylindercotankiii laiders7 300 COMMENTS Contact Person Signature. Inspector's Name: ARCADIA FIRE DEPARTMENT FIRE PREVENTION BUREAU 710 SOUTH SANTA ANITA AVENUE ARCADIA, CA 91006 (626) 574-5104 (626) 445-1819 FAX D No violations noted (NVN) Than you for your cooperation with the Arcadia Fire Department during your Fire and Life Safety Inspection n Your attention is directed to the items checked below. These violations must be corrected in order to meet minimum Fire and i.ie Safely Requirements For clarification of the items noted, please refer to the comments section. Dale: i Business Address OCCY# spEC:;AL Permit required App 1 105.1 Extreme hazard App 1 110.1 Other hazards ID# Company' -Captain's ID#: FPB 101 ELECTPICAt. D. Improper use of zip cords or extension cords 605 5 o improper use of multi outlets 605.4 Electrical panel access 605.3 Correct electrical hazard 605. Exit obstruction 1028.3 Aisle obstruction 1014 4 Exit doors a ion 1008 1 8 4 14 ,1. t 0 Exit dootfilgolcing devices 1008 1 8 3 Corilibt obstruction 1028.3 S 1026 obstruction 3 i: Ept sp illurninaUon 1011.2 'W4 '-'Exit signs required two or more exits 1011 1 Emergency backup exit lighting 1027.5 You are hereby notified to correct the items checked above within 14 days, or prior to A re-inspection will be held on of afterthis date at no charge. A reinspection fee may be assessed and billed by the City of Arcadia if corrections are not made prior to this re-inspection and a subsequent re-inspection is necessary ;14. Of i■;,5t1:: 't.', Date: ype of Incident CT CQJ OL omiN AJCC .ocatlon of Occurrence f�3Y (n O �a2zE Model Number Serial Number Color Premise mm r� Occurred B etween Date t r v s/i 0 Day Time 11 0 )at, /1 J c Repo Reported 0;3 HY1.c Beat/RD' and Date Day Time IV. PROPERTY DESCRIPTION ArtIcie/Make Model Number Serial Number Color Lost/Stolen/Damaged/Found Value 1. 2. 3. 4. 5. A O ,r�� r1n i `7 l 1 J c Property Continuation Page Total V u8: pc er and ID t .Da. 4-set 35 Date 3/oz l/ o Supervisor and 01.., (4,<,- Date CO Y ,RCADIA POLICE DEPARTMENT 1CIDENT REPORT I. TYPE, LOCATION AND TIME OF INCIDENT Driver's License Race A- Sex F Birthdate (Mo/Day/Year) Res Cpl) Bus 562 -.6 )J_ 7�Z1 II. REPORTING PARTY 0 VICTIM OWNER 0 R/O SUBJECT 0 Last Name 7H- Residence Address III. VEHICLE INFORMATION I First Name J�A City Middle Ju State Zip rode T; B In ess Address or School Attended City State ZIpCode u J0 /4(a 0-411 0 C� Pitt J1PL- MC/&J Fpf A000,y Use-Oniy ease No. 1 11' IEIttl `tTTING<PAR ':a "VIir VI11VO'l OWNER*® Last Name First Name 'Sl1BJECTc0 _Middle privet's! License Race Residence Address City State Zip Code Business Address or School Attended City State Zip Code Sex Birthdate (Mo/Day/Year) Res it Cell Bus Year, Make, Model, Style, Color, License Plate w /State Suspect Vehicle 0 Victim Vehicle 0 Other Involved Vehicle 0 Page of t6ADIA POLICE, DEPARTMENT IDENT REPORT NARRATIVE Off,icer aDti #t_ fts-r-r4f4102 for /Vito) Use Only t Case No. oq— GU I _Dat? Supervisor and ID 3/6 21/0 I Date Page of 01/26/10 09 -6281 On 02/25/10, at 1730 hrs, Officer Orswell and I, along with Terry Moore, Code Enforcement, Jill Perumean, Fire Dept, Silva Verge!, Business License Officer, and Jeff Wang, Building Dept, inspected Yuhong Clinic of Oriental Medicine, 638 W. Duarte, #5, Arcadia. Jeff Wang acted as our interpreter. We talked to Jian Ju Zhu. She was there with another Asian female. The location was open for business. Jian said she and the other woman were there to answer the phone. She said the Acupuncturist has just left and that he is only there when he has an appointment. She said that if someone calls, they refer them to the Acupuncturist. She has no idea when the. Acupuncturist would be back. This was our third visit and the Acupuncturist has ;`never been on site. The last time we were here to inspect on 1 /19/2010,; >lian was performing CUPPING on a customer in the back room. On this visjt, Jian said she has only had two CUPPING customers since our last- visit on January 19, 2010. She could not produce any records of treatment. Terry Moore -Korse wrote the following: This business is an Acupuncturist Office. Again there was no Acupuncturist at the site at time of inspection At time of inspection there was a receptionist and a friend watching the office. The one receptionist tells us that she does CUPPING on the patients and that since our last visit on 1/19/2010 she has performed CUPPING on at least two patients. See attached memo. 2(3s 3� a /jv DATE: March 1, 2010 TO: Mike Daleo FROM: Terry Moore Korse SUBJECT: Inspection on March I, 201 of premises located at 638West Duarte, Unit S Arcadia, Ca MEMORANDUM Development Services Department This business is an Acupuncturist Office. Again there was no Acupuncturist at the site at time of inspection. At time of inspection there were a receptionist and a friend watching the office. The one receptionist tells us that she does cupping on the patients and that since our last visit on 1/19/2010 she has performed cupping on at least two patients. Task Force Silva Vergel, Business License Officer Terry Moore Korse, Code Enforcement Officer Mike Daleo, Police Officer Jack Orswel, Police Officer Jeff Wang, Building Inspector 01/26/10 09 -6281 This is a supplemental report to now include the information from City of Arcadia Code Enforcement. On 01/19/10, at 1730 hrs, Terry Moore Korse, wrote the following: This business is an Acupuncturist's office spa and they appear to be offering massage services. I have visited this site on at least four occasions and the Acupuncturist is never at this site. There was a customer at the time of this inspection waiting for a massage. The Acupuncturist again was not at the site. The receptionist was the only staff at the business. The receptionist does have an expired massage therapist ID card issued by the City of Arcadia, and is the only person at the office the times I have arrived for inspection. The business appears to be a massage facility and we should refer this to Business License Services for further action to possibly revoke the B4siness License. See attached memo. 5/b/10 DATE: January 22, 2010 TO: Mike Daleo FROM: Terry Moore -Korse SUBJECT: Inspection on January 19, 2010 of prernises located at 638 South Baldwin, #5, Arcadia, Ca MEMORANDUM Development Services Department This business is an Acupuncturist's:office spa and they appear to be offering massage services I have visited this site on at least four occasions and the Acupuncturist is never at the site There was a customer at the time of this inspection waiting for a massage. The Acupuncturist again was not at the site. The receptionist was the only staff at the business. The receptionist does have an expired massage therapist id card issued by the City of Arcadia, and is the only person at the office the times I have arrived for inspection. This business appears to be a massage facility and we should refer this matter to Business License Services for further action to possibly revoke the Business License. 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Copyright r; 1001 -2010 PIPRe 011 rights reserved http:// www. mpreviews. com /reviews_details.php ?reviews_id =57 5/6/2010 hate oI ua11IOrnla Acupuncture rsoaru ACUPUNCTURE BOARD Licensee Name: License Type: License Number: License Status: Expiration Date: Issue Date: Address: City: State: Zip: County: Actions: No 1 11 ri P YU HONG LICENSED ACUPUNCTURIST 12659 CLEAR Definition November 30, 2011 September 11, 2008 300 S. 5TH STREET SUITE G OXNARD CA 93030 VENTURA t rage 1 OI 1 Disciplinary Actions No information available from this agency This information is updated Monday through Friday Last updated: MAY -05 -2010 Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. 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Hong Hong A.cupuncturc Herbs Clnc Some bust] less information provided by Inigl_ISA J.J, Omaha, IJehraskc Copyright r,i 21710. Some business ii formation provided by Wciiics D 1 curl,o,p,com Copyrighl' -y 2010. AM rights resr.tved Copyrighl 4'• 2010 Yahoo! Inc. PH rights reservsd. Copyright /IP Policy Privacy Fehr 1 About Qui Ad; 1 Terns of $;mice j AJWEchl Busing; ss Yahoo! f it ns reirns of Use j helm j Addilionnl Terms or Service http: /local.yahoo.com/info- 6229423 6- yu hong- hong acupuncture- herbs- clnc- oxnard;_ylt 5/6/2010 June 22, 2010 TO: FROM: SUBJECT: Arcadia Planning Commission STAFF REPORT Development Services Department Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner Conditional Use Permit Application No. CUP 10 -07 to operate a 2,000 square -foot art studio with up to 10 students at 17 E. Huntington Drive. SUMMARY Mr. Xiao Ming Chen and Mrs. Yang Chen submitted Conditional Use Permit Application No. CUP 10 -07 to operate a 2,000 square -foot art studio with up to 10 students within a 4,000 square -foot, one -story commercial building at 15 -17 E. Huntington Drive. Attached are an aerial photo, vicinity map, and photos of the subject property. It is staffs opinion that based on the small class sizes, the site can accommodate this use without adversely impacting the neighboring properties. The Development Services Department is recommending approval of the proposed art studio, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Xiao Ming Chen and Mrs. Yang Chen, lessees LOCATION: 17 E. Huntington Drive REQUEST: A Conditional Use Permit to operate a 2,000 square -foot art studio with a maximum of 10 students at any one time. The age range of the students would be limited to 5 14 years of age (non- driving age). The hours of operation will be Monday Friday, 4:00 p.m. to 7:00 p.m., and Saturday Sunday, 9:00 a.m. to 5:30 p.m. SITE AREA: 6,996 square feet (0.16 acres) FRONTAGE: 50 feet along Huntington Drive 50 feet along a rear alley (connecting to a City -owned public parking lot) EXISTING LAND USE ZONING: The site is developed with a 2 -unit, 4,000 square -foot, commercial building built in 1949. The property is zoned CBD, Central Business District and is located within the City's Central Redevelopment Project Area. SURROUNDING LAND USES ZONING: North: City of Arcadia Parking Lot zoned CBD South: Commercial Retail Center— zoned CBD East: Grocery Market/Deli zoned CBD West: Beauty Salon zoned CBD GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 10 -07 were mailed on June 11, 2010 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property is developed with a two -unit, 4,000 square -foot, one -story building. One unit is currently occupied as a 2,000 square -foot beauty salon, and the subject unit is currently vacant, but was previously occupied as a general office. No prior Modifications or Conditional Use Permits have been approved for this property. The applicants, Mr. Xiao Ming Chen and Mrs. Yang Chen, currently operate an art studio at 11 W. Duarte Road (CUP 99 -16) and previously operated art studios at 21 W. Duarte Road (CUP 09 -16) and 515 S. First Avenue (CUP 05 -19). If approved, the applicants intend to relocate their art studio from 11 W. Duarte Road to the subject property. PROPOSAL AND ANALYSIS The proposal is to operate a 2,000 square -foot art studio with individual and group instruction, and an art gallery in the front of the unit for display of student work. No retail sales or gallery viewings will occur at the subject property. The studio will be limited to a maximum of 10 students and 2 staff members at any one time. The proposed hours of operation are Monday— Friday, 4:00 p.m. to 7:00 p.m., and Saturday Sunday, 9:00 a.m. to 5:30 p.m. An art studio is a permitted use in the CBD zone CUP 10 -07 17 E. Huntington Drive June 22, 2010 page 2 with an approved Conditional Use Permit and is an appropriate use in the Central Redevelopment Project Area. Parking and Traffic The property has a total of 8 on -site parking spaces. By code, a 2,000 square -foot general office and a 2,000 square -foot beauty salon are required to have a total of 18 on -site parking spaces 10 spaces for the beauty salon and 8 spaces for the general office. The art studio would decrease the parking requirement by 4 spaces, and decrease the parking deficiency from 10 spaces to 6 spaces. In addition to the on -site parking spaces, the subject property borders a large City owned parking lot. The applicant has provided the attached informal parking study of the 3 aisles of parking spaces directly north of the subject property. The study was conducted for a one -week period, with available parking spaces counted weekdays at 4:00 p.m., and weekends at 10:00 a.m. and 2:00 p.m. The results of the study show that this section of the City -owned parking lot is underutilized at these times. Because all students will be of non driving age, students will need to be picked -up and dropped -off before and after classes. To address concerns that student pick -up and drop -off could impact traffic flow along Huntington Drive, staff is recommending a condition that all student pick -up and drop -off shall occur in the on -site parking lot or the City -owned lot. Parents will also be required to park in a parking space when picking -up or dropping -off students, and shall not be allowed to queue in the rear alleyway. The art studio shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick -up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to beginning operation of the art studio. It is staff's opinion that with the small class sizes, existing underutilization of the City owned parking lot, and requirement that student pick -up and drop -off occur at the rear of the building only, the site can accommodate the proposed art studio. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. CEQA If it is determined that no significant physical alterations to the property are necessary, then this project is categorically exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303 of the CUP 10 -07 17 E. Huntington Drive June 22, 2010 page 3 Guidelines as a conversion of a small commercial structure under 10,000 square -feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. It is staffs opinion that the proposed art studio satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 10 -07 subject to the following conditions: 1. There shall not be more than ten (10) students and two (2) faculty and /or staff members at any one time. 2. The hours of operation shall be limited to Monday Friday, 4:00 p.m. to 7:00 p.m. and Saturday Sunday, 9:00 a.m. to 5:30 p.m. 3. Conditional Use Permit No. CUP 10 -07 includes a Parking Modification to allow 8 on -site parking spaces in lieu of 14 spaces required. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the art studio that is herein conditionally approved. Uses other than this art studio shall be subject to a new Conditional Use Permit and /or Parking Modification. 4. Student pick -up and drop -off shall occur in the on -site parking lot and /or City owned parking lot only. Parents shall be required to park their vehicles when picking -up and dropping -off students, and no queuing of vehicles shall occur in the rear alley. The art studio shall post and distribute notices to all students, parents, and staff to provide instructions for where to park, and where to drop -off and pick- CUP 10 -07 17 E. Huntington Drive June 22, 2010 page 4 up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to beginning operation of the art studio. 5. The use approved by CUP 10 -07 is limited to the proposed art studio and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -07, subject to the satisfaction of the Development Services Director or designee. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 10- 07 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the art studio. 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 10 -07 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 10 -07; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. CUP 10 -07 17 E. Huntington Drive June 22, 2010 page 5 Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 10 -07; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 22 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr ©ci.arcadia.ca.us. Approved by: Ji -ma unity Development Administrator Attachments: Aerial Photo Vicinity Map Photos of Subject Property 300 -foot Radius Map Site Plan Floor Plan Operational Plans Parking Study Preliminary Exemption Assessment CUP 10 -07 17 E. Huntington Drive June 22, 2010 page 6 17 E Huntington Dr Arcadia aBD Zone Development Services Department Engineering Division Prepared by: R.S.Gonzalez, June 2010 .6 17 E Huntington Drive CUP 10 -07 7 (4) (14) t'r r (19) (21) (23) (30) (38- (32 -34) (33) (37) 41 CBD (25) O (29) O (1 CBD (13) (11) (9) 7 (4) (14) I (16) (18-22) (26) (30) (38- (32 -34) 38A -38b) 4042 -44) CBD (12) 100 (5) (75) (25) S -2 N 0 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, June 2010 100 Feet WHEELER ST HUNTINGTON DR (25) (31) (30) (30) 17 E Huntington Drive CUP 10 -07 Bridges Street Centerlines Buffer 7 condo parcel City Boundary H N H http: /arcadiagis /maps /zoning.mwf SCALE 1 4,085 200 0 200 FEET 400 600 N Monday, May 03, 2010 11:17 AM -NN Shunt par Salo. s 50' 15' resoom- wash room 36' 4 existing parking for art tutorial- LA center NTRY m b y OFflOE rix17 a€t ill 621 class MOM' private twit ,77X,71 art Wary art gallery 25' FRONTENTRY 12' side walk HUNTINGTON DR. J L scale 1" 100' WHEELER AVE HUNTINGTON DR., Site Michael's fine art Inc (art t ttoriWeenter) PARKING SPACE: REQUIRED: 17 E. HUNTINGTON DR: Proposed art tutorial center (1 space per employees plus 1 space for every 5 students) 2 Employees 10 students ffi 4 Michael's Fine Art Inc (art tutorial center) PROPOSED SITE PLAN PROJECT ADDRESS: 17 E HUNTING TON DR, ARCADIA CA 91006 SCALE 1 =20' AIN: 5773 012 -003 ZONE CATEGORY: C2 OWNER: HARTZLER, MITZIE TR APPLICANT: XIAO MING CHEN YANG CHEN TEL: (626) 377 -6263 10N IMP t me 0 oU 0 0 a L -NN Shunt par Salo. s 50' 15' resoom- wash room 36' 4 existing parking for art tutorial- LA center NTRY m b y OFflOE rix17 a€t ill 621 class MOM' private twit ,77X,71 art Wary art gallery 25' FRONTENTRY 12' side walk HUNTINGTON DR. J L scale 1" 100' WHEELER AVE HUNTINGTON DR., Site Michael's fine art Inc (art t ttoriWeenter) PARKING SPACE: REQUIRED: 17 E. HUNTINGTON DR: Proposed art tutorial center (1 space per employees plus 1 space for every 5 students) 2 Employees 10 students ffi 4 Michael's Fine Art Inc (art tutorial center) PROPOSED SITE PLAN PROJECT ADDRESS: 17 E HUNTING TON DR, ARCADIA CA 91006 SCALE 1 =20' AIN: 5773 012 -003 ZONE CATEGORY: C2 OWNER: HARTZLER, MITZIE TR APPLICANT: XIAO MING CHEN YANG CHEN TEL: (626) 377 -6263 restroom LA chair CLASS ROOM 11'1x10' tabl 4 existing parking for art tutorial center wash room teasel easel "easel t easel easel easel pnvate studo ease 137x102 OFFICE 111x10' 36 gallery 15' 24'6x25'6 artgaltery FRONT ENTRY r 25' 12' side walk HUNTINGTON DR. 57' ACK E NTRY 80' CLASS ROOM 13'5x52'5 FLOOR PLAN Michael's Fine Art Inc (art tutorial center) PROJECT ADDRESS: 17 E HUNTING TON DR. ARCADIA CA 91006 SCALE 1 =20' Days Class Time Class 1 Class 2 Max# of Students Max# of Staff Monda No Classes 0 1 Tuesday 4:00 pm 5:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 Wednesday 4:00 pm 5:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 5:30 pm 7:00 pm Foundation Art Age: 8 -14 5 1 Thursday 4:00 pm 5:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 Friday 4:00 pm 5:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 5:30 pm 7:00 pm Foundation Art Age: 8 -14 5 1 Saturday 9:00 am 10:30 am Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 10:30 am 12:00 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 1:00 pm 2:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 2:30 pm 4:00 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 4:00 pm 5:30 pm Foundation Art Age: 8 -14 5 1 Sunday 9:00 am 10:30 am Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 10:30 am -12:00 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 1:00 pm 2:30 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 2:30 pm 4:00 pm Children's Art Age: 5 -7 Foundation Art Age: 8 -14 10 2 4:00 pm 5:30 pm Foundation Art Age: 8 -14 5 2 Operational Plan for the Art Institute of Arcadia The school provides art- tutoring classes based on individualized instruction in a small group setting. There will be max 5 students in one class, and no more than 2 classes held concurrently. Number of staff is planned to be 1 2 based on the need. Class Schedule: Our business is mainly art education through individualized tutoring. The gallery proposed was for displaying students' art work, not for retailing purpose. Date /Time Spaces Occupied Available Available Mon4 /26 @4pm 56 22 34 61% Tue4 /27 @4pm 56 18 38 68% Wed 4/28 4 pm 56 10 46 82% Thur 4/29 4 pm 56 12 44 79% Fri4 /30 @4pm 56 19 37 66% Sat 5/1 10 am 56 18 38 68% Sat 5/1 2 pm 56 21 35 63% Sun 5/2 10 am 56 7 49 88% Sun 5/2 2 pm 56 9 47 84% Informal survey of public parking lot occupancy We, by ourselves, conducted an informal survey for the occupancy of the public parking lot located behind of the project site. North of the project site The whole public parking lot has more than 250 spaces. The survey covers the 3 aisles (56 spaces) located directly behind of the project site. Survey Result PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 10 -07 for a 2,000 square -foot art studio with up to 10 students. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7'/2 topographical map identified by quadrangle name): 17 E. Huntington Drive (between Santa Anita Avenue and First Avenue) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) b. The project is a Ministerial Project. Date: June 1, 2010 (1) Name: Mr. Xiao Ming Chen Mrs. Yang Chen (2) Address: 18 Rodell Place Arcadia, CA 91006 (3) Phone: (626) 377 -6263 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303 f. The project is statutorily exempt. Applicable Exemption: Section No.: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Staff: Tim Schwehr, Assistant Planner June 22, 2010 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 10 -08 to amend CUP 09 -20 (Resolution 1812) for a tutoring center at 222 -224 S. First Avenue. SUMMARY Ms. Janice Yen (dba: Steps Academy, Inc.) submitted Conditional Use Permit Application No. CUP 10 -08 to amend CUP 09 -20, which permitted a 40 student tutoring center with operating hours of 12:00 noon to 7:00 p.m., Monday Saturday at 222 -224 S. First Avenue. CUP 10 -08 requests the following changes: a. Expanded operating hours of Monday Friday, 12:00 noon to 9:30 p.m., and Saturday Sunday, 9:00 a.m. to 5:30 p.m. b. Summer operating hours of Monday Sunday, 9:00 a.m. to 5:30 p.m., for a 9 -week period beginning in June and ending in August. Although there is a parking deficiency by Code, it is staff's opinion that the proposed changes to the operating hours and addition of a separate summer schedule would not significantly impact the adjacent streets and neighboring properties. Therefore, the Development Services Department is recommending approval of this application, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Ms. Janice Yen (dba: Steps Academy, Inc.) LOCATION: 222 -224 S. First Avenue REQUEST: Approval of Conditional Use Permit Application No. CUP 10 -08 to amend CUP 09 -20 (Resolution 1812) which permitted a 40 student tutoring center with operating hours of 12:00 noon to 7:00 p.m., Monday Saturday at 222- 224 S. First Avenue. The amendment would permit the following changes: a. Expanded operating hours of Monday Friday, 12:00 noon to 9:30 p.m., and Saturday Sunday, 9:00 a.m. to 5:30 p.m. b. Summer operating hours of Monday Sunday, 9:00 a.m. to 5:30 p.m., for a 9 -week period beginning in June and ending in August. SITE AREA: 7,423 square feet (0.17 acres) FRONTAGE: 55 feet along S. First Avenue EXISTING LAND USE ZONING: The site is developed with a one -story, 2,255 square -foot commercial building (c.1977) and is zoned CBD, Central Business District. SURROUNDING LAND USES ZONING: North: One -story, vacant commercial building previously occupied by a cheerleading, dance and gymnastics studio (CUP 07 -09) zoned CBD South: One -story, retail and office building zoned CBD East: Surface parking Tots servicing the adjacent properties to the north and south zoned R -3 West: Two -story, office building zoned CBD GENERAL PLAN DESIGNATION: Mixed Use Commercial and Multi Family PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 10 -08 were mailed on June 11, 2010 to the property owners and tenants of those properties that are within 300 feet of the subject property see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property was developed in 1977 as a one -story, 2,255 square -foot office building with 9 parking spaces. Modification No. M -77 -21 was approved to allow this building to be built with a 10 -foot rear setback in lieu of 20 feet when adjacent to a residential zone, and with two parking stalls adjacent to the side property lines to be 9' -6" wide in lieu of 11' -6 On January 26, 2010, the Planning Commission approved Conditional Use Permit No. CUP 09 -20 to allow Steps Academy, Inc. to operate an after school tutoring program with two instructors, one teacher's assistant /receptionist, and a maximum of 40 students at any one time in an existing, one -story, 2,255 square -foot commercial building. Group instruction was limited to 3:00 p.m. to 6:00 p.m., Monday through Friday, and 2:30 p.m. to 5:30 p.m. on Saturdays, with the remainder of the operating hours to be used for individual one -to -one instruction, individual parent- teacher conferences, and general office activities. For the group instruction sessions, the students are separated into two groups with a maximum of 20 students per group, and class times staggered an hour apart to help minimize parking congestion and queuing. Additional operational aspects of the tutoring center are described in the attached staff report for CUP 09 -20, dated January 26, 2010. CUP 10 -08 222 -224 S. First Ave. June 22, 2010 page 2 PROPOSAL AND ANALYSIS This proposal will amend Conditional Use Permit No. CUP 09 -20 to permit the following: a. Expanded operating hours of Monday Friday, 12:00 noon to 9:30 p.m., and Saturday Sunday, 9:00 a.m. to 5:30 p.m. b. Summer operating hours of Monday Sunday, 9:00 a.m. to 5:30 p.m., for a 9 -week period beginning in June and ending in August. Parking and Student Transportation Conditional Use Permit No. CUP 09 -20 included a Parking Modification for 8 on -site parking spaces in lieu of 11 spaces required (1 space per instructor /employee and 1 space for every 5 students of non driving age). Based on the schedule to have the children arrive and depart in two groups of 20, it was staff's opinion that the site could accommodate the proposed tutoring center. The expanded operating hours for the tutoring center will not increase the parking requirement, because the maximum number of students at any one time will not increase. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. CEQA Because no physical alterations to the property are necessary, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15314 of the CEQA Guidelines as a minor addition to a school operation. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. CUP 10 -08 222 -224 S. First Ave. June 22, 2010 page 3 5. That the granting of such Conditional Use Permit will not comprehensive General Plan. It is staff's opinion that the proposed expansion of the tuto prerequisite condition. 1. adversely affect the ring center satisfies each RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 10 -08, subject to the following conditions: There shall not be more than forty (40) students, and three (3) faculty and staff members at any time at this tutoring center and the students shall arrive and depart in accordance with the schedule proposed and approved for CUP 09 -20 and CUP 10 -08. 2. The hours of operation of the tutoring center shall be limited to 12:00 noon 9:30 p.m., Monday Friday, and Saturday Sunday, 9:00 a.m. to 5:30 p.m., except for a nine week period beginning in June and ending in August when the hours of operation shall be limited to 9:00 a.m. to 5:30 p.m., Monday through Sunday. 4. The use approved by CUP 10 -08 is limited to the proposed after school tutoring center and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -20 and CUP 10 -08, subject to the satisfaction of the Development Services Director or designee. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -20 and CUP 10 -08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 8. Approval of CUP 10 -08 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. CUP 10 -08 222 -224 S. First Ave. June 22, 2010 page 4 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 10 -08; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 10 -08; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 22 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: Jim K a Community Development Administrator Attachments: Aerial Photo Vicinity Map 300 -foot Radius Map Photos of Subject Property Site Plan Floor Plans Operational Plan Resolution No. 1812 Staff Report for CUP 09 -20 Preliminary Exemption Assessment CUP 10 -08 222 -224 S. First Ave. June 22, 2010 page 5 g C11. 44 Subject Property Development Services Department Engineering Division Prepared by: R.S.Gonzalez, January 2010 222-224 S First Avenue (220) (221) CBD (225) (55) PR -3 (117) R (121) -3 (127) r (115) (113) (234) (221) CBD (225) (55) (57) (229) N 100 0 100 Feet W milmigaimmm l 50) (201) CBD 03) (215) (49) CALIFORNIA ST Development Services Department Engineering Division Prepared by. R.S Gonzalez, January 2010 (122) (124) (126) (130) (113) (119) (121) (127) (125) (131) (129) (137) BONITA ST (200) (208) (116) (120) (124) (126) CALIFORNIA ST ALLEY (301) (306) (3w) (122) (126) (130) (134) (316) 222.224 S First Avenue SCHOOL so SHEET 5 1f.1 POR 141.88 135.07 100.05 SHEET 5 StIEET 4 1 g. 5o AN ITA 24 -25 C -PM 347 -36 -37 -4 O 50.01 50.01 50 5! O Indicates Map key Number Indicates Assessor's Parcel Number Deta Management SaMa.. tar Gavenim.ni and Business Public Notification Boundary For 222-224 1st. Ave. Arcadia CA 91006 APN 5773 -020 -002 October 30, 2009 03.0a SUBJECT PROPERTY FRONT SUBJECT PROPERTY REAR Lot Size 55 i3.5` 5 r, Polickc s ?acts Ttis tat 61 5 =CA Kt Time (Mon Fri) Group 1 (up to 20 students) Group 2 (up to 20 students) 3 P.M. 4 P.M. English instruction (2 days per week) Math instruction (3 days per week) 4 P.M. 5 P.M. Students complete class work. English instruction (2 days per week) Math instruction (3 days per week) 5 P.M. 6 P.M. Students complete class work. Time (Sat) Group 1 (up to 20 students) Group 2 (up to 20 students) 2:30 P.M. 3:30 P.M. English instruction 3:30 P.M. 4:30 P.M. Math instruction English instruction 4:30 P.M. 5:30 P.M. Math instruction STEPS ACADEMY, INC. 222 -224 S. 1 s` Ave., Arcadia, CA 91006 (626) 447 -5002 May 12, 2009 To whom it may concern: Steps Academy, Inc. has been operating at this location since March of this year. When we went through the CUP application process, we forgot to include our summer schedule. We would also like to add to the regular schedule, as described on the next page. We are modifying the hours of operation so that we will not be operating outside an approved schedule. Our tutoring center is founded on a mission to help children improve their math, reading, and writing skills. We have prepared a comprehensive curriculum, and offer each student individualized instruction in a group setting. Our new regular office hours will be from 9:00 A.M. to 10:00 P.M., seven days a week. When there are no classes in session, we will use the office for parent meetings and/or administrative duties. The following is our class schedule included with our original application: Students in group 1 attend class at our center from 3 P.M. to 5 P.M., Monday to Friday. Students in group 2 attend class at our center from 4 P.M. to 6 P.M., Monday to Friday. We also offer a Saturday class for those students who are not able to come during the week. On Saturdays, students in group 1 attend class at our center from 2:30 P.M. 4:30 P.M., and students in group 2 attend class at our center from 3:30 P.M. 5:30 P.M. Time (Monday Friday) Group 1 (up to 20 students) Group 2 (up to 20 students) 9:00 A.M. 10:00 A.M. English instruction Writing Workshop 10:00 A.M. 11:00 A.M Math instruction English instruction 11:00 A.M. 12:00 P.M. Math instruction 12:30 P.M. 2:00 P.M. Speech and Debate up to 20 students) 2:30 P.M. 3:30 P.M. English instruction English instruction 3:30 P.M. 4:30 P.M. Math instruction English instruction 4:30 P.M. 5:30 P.M. 4:30 P.M. 5:30 P.M. Math instruction Morning (Sat or Sun) Group 1 (up to 20 students) Group 2 (up to 20 students) 9:00 A.M. 10:00 A.M. English instruction Writing Workshop 10:00 A.M. 11:00 A.M Math instruction English instruction 11:00 A.M. 12:00 P.M. Math instruction Afternoon (Sat or Sun) Group 1 (up to 20 students) Group 2 (up to 20 students) 2:30 P.M. 3:30 P.M. English instruction 3:30 P.M. 4:30 P.M. Math instruction English instruction 4:30 P.M. 5:30 P.M. Math instruction Time (Mon Sat) Level I Mon. and Thurs. (up to 30 students) Level II Tues, and Fri. (up to 30 students) Level III M/W or T/Th (up to 30 students) 6:30 P.M. 7:30 P.M. Writing Workshop Writing Workshop 8:00 P.M. 9:30 P.M. Writing Workshop In addition to the existing schedule, we would like to add the following evening classes. We are offering the Saturday afternoon classes on Saturday mornings as well. The same schedule will also be offered on Sunday. Weekend Schedule (Year- round) Summer Schedule In summer, we will follow the weekend schedule during the week, with a speech and debate class added in the early afternoon. We will have the evening writing classes only if there is enough interest in the program. If you have any questions, please call Janice Yen at (626)484 -6884. Thank you. RESOLUTION NO. 1812 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 09 -20 TO OPERATE A TUTORING CENTER WITH A MAXIMUM OF FORTY (40) STUDENTS IN AN EXISTING 2,255 SQUARE -FOOT COMMERCIAL BUILDING AT 222 -224 S. FIRST AVENUE. WHEREAS, on November 12, 2009, an application was filed by Janice Yen for a tutoring center with a maximum of 40 students in an existing 2,255 square -foot commercial building; Development Services Department Case No. CUP 09 -20, at 222 -224 S. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on January 26, 2010, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated January 26, 2010 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed tutoring center will not conflict with the other businesses and uses in the area. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized by Section 9275.1.35.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The subject property is accessible from S. First Avenue, which is adequate in width and pavement type for the commercial traffic that is and will be generated by the businesses in the area, including the tutoring center that is approved by Conditional Use Permit No. CUP 09 -20. 5. That the granting of Conditional Use Permit No. CUP 09 -20 will not adversely affect the comprehensive General Plan because a tutoring center is consistent with the General Plan Land Use Designation for the subject area. 6. That the conversion of a commercial space to a tutoring center qualifies as a Class 3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion of a small commercial structure per Section 15303(c) of the CEQA Guidelines. Furthermore, the use applied for will not have a substantial adverse impact on the environment, and based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -20, for a tutoring center with a maximum of 40 students in an existing 2,255 square -foot commercial building at 222 -224 S. First Avenue, subject to the following conditions: 1. There shall not be more than forty (40) students, and three (3) faculty and staff members at any time at this tutoring center and the students shall arrive and depart in accordance with the schedule proposed and approved for CUP 09 -20. 2. The hours of operation shall be limited to Monday Saturday, 12:00 noon to 7:00 p.m., with group instruction limited to Monday Friday, 3:00 p.m. to 6:00 p.m., and Saturdays 2:30 p.m. to 5:30 p.m. 1812 3. The parking lot shall be reoriented and restriped to Code, except that a Modification for a. six -inch adjustment to the width(s) of one or more standard parking spaces is granted to enable eight parking spaces to fit on this site, and the following site improvements shall also be provided: a. The driveway shall be marked to indicate two -way travel and a, "Right Turn Only" sign shall be posted on the northerly /exit side of the driveway. b. The trash enclosure shall be enlarged (widened) to accommodate the trash bin and a solid metal gate shall be installed. driveway area. c. The landscaping shall be trimmed so that it does not impinge on the d. The parking lot improvements and all these other site improvements shall be completed to the satisfaction of the Development Services Director or designee and prior to beginning operation of this tutoring center. 4. The use approved by CUP 09 -20 is limited to the proposed after school tutoring center and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -20, subject to the satisfaction of the Development Services Director or designee. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -20 shall be grounds for immediate suspension or revocation of any approvals, which will result in the closing of the tutoring center. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment (including a full- coverage fire alarm system) parking and site design, and water supply and irrigation systems are required to be 3 1812 complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 8. Approval of CUP 09 -20 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 4 1812 1. Name or description of project: Conditional Use Permit Application No. CUP 10 -08 for a 2,255 square -foot tutoring center with up to 40 students. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 71/2' topographical map identified by quadrangle name): 222 -224 S. First Avenue (between Bonita Street and California Street) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) 4. Staff Determination: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) (1) (2) (3) Phone: (626) 446 -1822 The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 14 Section No.: 15314 f. The project is statutorily exempt. Applicable Exemption: Section No.: g. The project is otherwise exempt on the following basis: Name: Janice Yen (dba Steps Academy, Inc.) Address: 821 N. Santa Anita Avenue Arcadia, CA 91006 h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 1, 2010 Staff: Tim Schwehr, Assistant Planner PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 09 -20; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Oenial if the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09 -20; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 26 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr@ci.arcadia.ca.us. Approved by: Jim am Cqs munity Development Administrator Attachments: Aerial Photo Vicinity Map Photos of Subject Property Photos of Surrounding Properties 300 -foot Radius Map Site Plan Floor Plan Operational Plan Preliminary Exemption Assessment CUP 09 -20 222 -224 S. First Avenue January 26, 2010 page 6 3. The parking lot shall be reoriented and restriped to Code, except that a Modification for a six -inch adjustment to the width(s) of one or more standard parking spaces is granted to enable eight parking spaces to fit on this site, and the following site improvements shall also be provided: a. The driveway shall be marked to indicate two -way travel and a, "Right -Turn Only" sign shall be posted on the northerly /exit side of the driveway. b. The trash enclosure shall be enlarged (widened) to accommodate the trash bin and a solid metal gate shall be installed. c. The landscaping shall be trimmed so that it does not impinge on the driveway area. d. The parking lot improvements and all these other site improvements shall be completed to the satisfaction of the Development Services Director or designee and prior to beginning operation of this tutoring center. 4. The use approved by CUP 09 -20 is limited to the proposed after school tutoring center and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -20, subject to the satisfaction of the Development Services Director or designee. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 09- 20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 6. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment (including a full coverage fire alarm system) parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 8. Approval of CUP 09 -20 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. CUP 09 -20 222 -224 S. First Avenue January 26, 2010 page 5 CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines, as a conversion of a small commercial structure under 10,000 square -feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions cSn be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. It is staffs opinion that the proposed tutoring center can satisfy each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09 -20, subject to the following conditions: 1. There shall not be more than forty (40) students, and three (3) faculty and staff members at any time at this tutoring center and the students shall arrive and depart in accordance with the schedule proposed and approved for CUP 09 -20. 2. The hours of operation shall be limited to Monday Saturday, 12:00 noon to 7:00 p.m., with group instruction limited to Monday Friday, 3:00 p.m. to 6:00 p.m., and Saturdays 2:30 p.m. to 5:30 p.m. CUP 09 -20 222 -224 S. First Avenue January 26, 2010 page 4 will be limited to 3:00 p.m. to 6:00 p.m., Monday through Friday, and 2:30 p.m. to 5:30 p.m. on Saturdays. The center will be closed on Sundays. The remainder of the operating hours will be used for individual one -to -one instruction, individual parent teacher conferences, and general office activities. For the group instruction sessions, the students will be separated into two groups, each with a maximum of 20 students. On weekdays, instruction for Group One will begin at 3:00 p.m. and conclude at 5:00 p.m., and instruction for Group Two will begin at 4:00 p.m. and conclude at 6:00 p.m. Students will receive instruction in Math and English. A detailed operating plan from the applicant (Steps Academy, Inc.) is attached. A tutoring center is a permitted use in the CBD zone with an approved conditional use permit. Parking and Traffic The existing, on -site surface parking lot is not correctly laid out; there are two parking spaces in a tandem arrangement, the handicap space is not per Code, and there is inadequate backout distance between the two rows of parking spaces. By Code, a tutoring center is required to provide one on -site parking space for each employee and one parking space for every five children (non- driving age). Based on the proposal of two teachers, one teaching assistant, and 40 students; this tutoring center is required to provide 11 on -site parking spaces. If striped to current Code requirements, however; only seven parking spaces can be provided. A minor Modification to allow a six -inch reduction in width(s) would enable one more space to be provided for a total of eight parking spaces on site. It is staffs opinion that the site can accommodate the proposed tutoring center; based on the schedule to have the children arrive and depart in two groups of 20. If a tutoring center were to have 20 children and three staff members, the parking requirement would be seven on -site spaces. In addition to reorienting and restriping the parking lot with a minor Modification to enable eight spaces to fit on this site, the following site improvements should also be provided: 1. The driveway is to be marked to indicate two -way travel and a, "Right -Turn Only" sign is to be posted on the northerly /exit side. 2. The trash enclosure is to be enlarged (widened) to accommodate the trash bin and a solid metal gate is to be installed. 3. The landscaping is to be trimmed so that it does not impinge on the driveway area. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment (including a full coverage fire alarm system) parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. CUP 09 -20 222 -224 S. First Avenue January 26, 2010 page 3 EXISTING LAND USE ZONING: The site is developed with a one -story, 2,255 square -foot commercial building (c.1977) and is zoned CBD, Central Business District. SURROUNDING LAND USES ZONING: North: One -story, commercial building occupied by a cheerleading, dance and gymnastics studio (CUP 07 -09) zoned CBD South: One story, retail and office building zoned CBD East: Surface parking lots servicing the adjacent properties to the north and south zoned R -3 West: Two -story, office building zoned CBD GENERAL PLAN DESIGNATION: Mixed Use Commercial Multi- Family- PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 09 -20 were mailed on January 14, 2010 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property was developed in 1977 as a one -story, 2,200 square -foot office building with 9 parking spaces. Modification No. M -77 -21 was approved to allow this building to be built with a 10 -foot rear setback in lieu of 20 feet when adjacent to a residential zone, and with two parking stalls adjacent to the side property lines to be 9' -6" wide in lieu of 11' -6 The building was last occupied by an educational consultant and a music teacher. The parking has been incorrectly restriped and does not conform to either the layout approved by M- 77 -21, or current parking standards. The applicant is currently operating Steps Academy Inc. at 1012 -B S. Baldwin Avenue with operating hours of 10:30 a.m. to 8:00 p.m. on weekdays, and 10:30 a.m. to 4:30 p.m. on weekends, with a maximum of 30 students at any one time. The applicant is proposing to relocate this business to the subject property at 222 -224 S. First Avenue. PROPOSAL AND ANALYSIS The proposal is to operate an after school tutoring program with two instructors, one teacher's assistant/receptionist, and a maximum of 40 students at any one time in an existing, one -story, 2,255 square -foot commercial building. The proposed hours of operation are 12:00 noon to 7:00 p.m., Monday through Saturday. Group instruction CUP 09 -20 222 -224 S. First Avenue January 26, 2010 page 2 STAFF REPORT Development Services Department January 26, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 09 -20 to operate a tutoring center with up to 40 students in an existing 2,255 square -foot commercial building at 222 -224 S. First Avenue. SUMMARY Ms. Janice Yen, on behalf of Steps Academy, Inc., submitted Conditional Use Permit Application No. CUP 09 -20 to operate a tutoring center with up to 40 students in an existing, one -story, 2,255 square -foot commercial building. Attached are an aerial photo, vicinity map, and photos of the subject property. It is staffs opinion that based on the proposed schedule for this tutoring center, and improvements to the on -site parking arrangement, the site can accommodate 40 students without significantly impacting First Avenue and the neighboring properties. The Development Services Department is recommending approval of the proposed tutoring center, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Ms. Janice Yen (dba Steps Academy, Inc.) LOCATION: 222 -224 S. First Avenue REQUEST: A Conditional Use Permit to operate a tutoring center with up to 40 students in an existing, one -story, 2,255 square -foot commercial building. The age -range of the students are to be limited to 4 -14 years of age (non- driving age) and the hours of operation are to be Monday Saturday, 12:00 noon to 7:00 p.m. Group instruction will be limited to Mondays— Fridays, 3:00 p.m. to 6:00 p.m., and on Saturdays 2:30 p.m. to 5:30 p.m. The tutoring center will be closed on Sundays. SITE AREA: 7,423 square feet (0.17 acres) FRONTAGE: 55 feet along S. First Avenue ATTEST: Passed, approved and adopted this 9th day of February, 2010. Sew Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 5 1812 June 22, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrato SUMMARY GENERAL INFORMATION STAFF REPORT Development Services Department SUBJECT: Architectural Design Review No. ADR 07 -21 A revised architectural design for a new church /meeting hall at 630 E. Live Oak Avenue Conditional Use Permit No. CUP 07 -12 and Architectural Design Review No. ADR 07- 21 were approved by the Planning Commission on December 11, 2007 for a new, two story, 23,000± square -foot church /meeting hall at 630 E. Live Oak Avenue. The proposed building is the replacement meeting hall for the Church in Arcadia, which sold their former facility at 21 Morlan Place to the Arcadia Redevelopment Agency. Since these approvals, the Church in Arcadia has completed the real estate transactions with the Redevelopment Agency and the City and has been working to finalize the construction plans and prepare the site for construction. The Development Services Department is recommending approval of the Church in Arcadia's revised architectural design. APPLICANT: The Church In Arcadia Mr. David Dong, Church President Mr. John Peruzzi, Architect LOCATION: 630 E. Live Oak Avenue REQUEST: Architectural Design Review of a revised proposal for a new, two -story, 23,000± square -foot meeting hall. SITE AREA: Approximately 52,875 square feet (1.21 acres) FRONTAGE: 119.67 feet along E. Live Oak Avenue EXISTING LAND USE: The site is vacant, except for a sign for the Arcadia Par 3 Golf Course. ZONING CLASSIFICATION: C -O /Professional Office churches are allowed in this zone with an approved Conditional Use Permit. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES ZONING: North: Mixed Commercial Zoned C -2 South: Arcadia Par 3 Golf Course Unzoned East: Adjacent to the east side of the site is an unzoned riding and hiking trail and the Santa Anita Wash. The properties across the wash are in unincorporated Los Angeles County. The property fronting Live Oak Avenue is developed with a 30 -unit senior housing project and to the south along Eighth Avenue are single family residences. West: The property fronting Live Oak Avenue is developed with a retail center zoned C -2. The properties south of the retail center along Hempstead Avenue are single family residences in unincorporated Los Angeles County. BACKGROUND In January 2005 the Arcadia Redevelopment Agency approved a Land Assembly and Development Agreement to assist in the assembly of properties deemed essential for the expansion of the Rusnak automobile dealership. The Church and the Redevelopment Agency eventually came to terms for the purchase of 21 Morlan Place. The agreement included the concurrent sale by the City of the replacement site at 630 E. Live Oak Avenue. In June of 2007, the City initiated a General Plan Amendment, a Zone Change, and a subdivision to facilitate the relocation of the Church in Arcadia to the 630 E. Live Oak Avenue site. The General Plan Amendment changed the land use designation of the meeting hall site from "Public Facilities" to "Commercial." The zoning of the meeting hall site was changed from "Unzoned" to "Professional Office /C -O" and the rest of the property was changed from "Unzoned" to "Public Purpose /S -2." A Parcel Map was recorded that subdivided the property into three (3) lots and the 25 -foot wide access roadway. Lot No. 1 is the proposed meeting hall site, Lot No. 2 is an Arcadia Water Division facility, and Lot No. 3 is a vacant City -owned lot that will be used as an overflow parking lot that will be available to the proposed meeting hall. The 25 -foot wide access roadway serves all three (3) lots as well as the Arcadia Par 3 Golf Course. ADR 07 -21 Revised June 22, 2010 Page 2 of 6 At a regular Planning Commission meeting on December 11, 2007, the Commission conditionally approved Conditional Use Permit No. CUP 07 -12 and Architectural Design Review No. ADR 07 -21 for a new, two -story, 23,000± square -foot meeting hall with a maximum attendance limit of 1,000 people, 84 on -site parking spaces, and an additional 40 parking spaces available at a City -owned parcel approximately 700 feet to the south. The Commission adopted Resolution No. 1769 (attached) on January 8, 2008 to formalize their actions. The approval includes the following three (3) Modifications from the zoning regulations: A. A Parking Modification for 84 on -site spaces and a minimum of 40 off -site spaces at a separate lot that is approximately 700 feet from the subject building in lieu of 206 spaces either on -site, or within 100 feet of the meeting hall (9269.5 9269.6) B. An encroachment into the 45- degree angle, west side yard setback for the uppermost seven (7) feet of the rear 28 feet of the meeting hall {9261.2.3.(c)} C. A Sign Modification for three (3) die -cut letter signs, totaling 85 square feet, mounted at the edge of the decorative steel canopies over the front, west side, and rear entries in lieu of a total sign area of 40 square feet attached flat against the walls of the building and not above a roof line; and for the west side sign to face the access roadway and be located 76 feet from the front property line in lieu of not having a sign facing the side of the property and /or being within 50 feet of the front street (9261.4.1) Since the January 8, 2008 adoption of Resolution No. 1769, a grading plan was submitted for plan check on January 9, 2009. Initial review indicated that the proposed drainage would not comply with stormwater pollution prevention requirements because of contributory drainage issues. To address this problem, the parking layout was revised, and on April 14, 2009, the Modification Committee approved Modification No. MC 09 -06 for the revised parking plan to have 22 tandem spaces. The Modification Committee Findings are attached. On December 22, 2009, a demolition permit was issued for site clearance and preparation, and on February 24, 2010, a stormwater pollution prevention plan was submitted for plan check. While all of these preparatory actions were taking place, the architectural plans for the new meeting hall were being reviewed by the Church's board and numerous changes were made from the original architectural plans. The Church Board has finalized the architectural plans and the building size, shape and interior configuration are consistent with the proposal that was approved by Resolution No. 1769, but the architecture is significantly different. The revised plans are consistent with the Modifications approved for the parking and side yard setback encroachment, but the building signage is not consistent with the sign Modification included with CUP 07 -12. The Modification Committee will have to approve a new sign Modification and sign design review if the signs are not substantially consistent with the signage shown on the original plans approved by CUP 07 -12. ADR 07 -21 Revised June 22, 2010 Page 3of6 Architectural Design Review The Planning Commission may approve, conditionally approve, or disapprove the proposed revised architectural design concept plans. The proposed design of the meeting hall is contemporary and institutional in appearance. The colors are earth tones and the materials are not extravagant. The building will primarily be a concrete block structure and textured stone or textured block will be the main finishes. The two main colors are Indian Summer Red and Variegated Tan. On the front portion of the building, the red is the base with the tan as an accent, and on the rear meeting hall portion of the building the tan is the base and the red is the accent. A colors and materials sample board is available for review. The architectural highlights are the evergreen glass curtain walls that enclose the two story space at the northeast corner of the building and the areas above the entrances on both sides of the building. Two earthen green tile clad towers also accent the east and west sides of the building and separate the front portion of the building from the rear meeting hall portion. On the first floor of the glass enclosed northeast corner is the dining hall and a conference room is on the second floor. The two earthen green towers house the stairways and are adjacent to the building's entrances at both ends of the main lobby. The front portion of the building also has as accents; custom, precast sills of a slightly darker shade of red above the second floor windows and along the top of the block walls. And, another accent feature is the Warm Champagne Grey, Pre Finished, Metal Panel Canopy with decorative steel support trusses above the clerestory windows of the meeting hall and extending onto the earthen green tower adjacent to the main entrance on the west side of the building. The applicant provided the following statement of their architectural philosophy for the original architectural design review: We believe that the meeting place for the church should be a building appropriately designed for the meeting activities. It should simply be "a meeting place of the church in Arcadia" and fit into the local community.. This is why we refer to it as a meeting hall. For these reasons, we have designed a fairly simple building of a minimally formal expression. The materials, masonry and exterior cement plaster will be of elegant and warm colors, reflecting typical colors and details of the surrounding community. Also, for the original architectural design review, staff provided the following comments, which, except for the patio enclosure, have been addressed by the revised proposal: There are a few aspects of the north /front elevation that staff thinks could be enhanced. The front wall of the kitchen area will not have a window because of the interior counter and cooking area. This results in a blank area facing ADR 07 -21 Revised June 22, 2010 Page 4 of 6 the street. Staff feels that the kitchen layout should be altered so that a window to match the rest of the facade can be included. Another alteration that staff recommends is that the easterly portion of the building front be slightly set back (12 to 18 inches) from the westerly portion (at the easterly split -face concrete block pilaster) to provide an actual physical break in the building surface, rather than just a change in materials. Lastly, the patio area should be enclosed with an open metal picket fence set back from the front property line and screened by low- profile landscaping. A solid wall should not be located at the front property line and as a security measure, an open work fence will enable this area between the meeting hall and flood control property to be visible from the street. The meeting hall site is vacant, and all of the existing landscaping and trees on the site will be removed to accommodate the proposed meeting hall, except for some mature pine trees along the east side of the site. Most of these pine trees are actually on the flood control district property just east of the property line. The site and the parking lot are required to be landscaped in accordance with the City's landscaping regulations. Staffs opinion is that the proposed revised design provides adequate architectural relief, will be visually harmonious with surrounding developments, and finds the proposed revised architectural design concept to be in compliance with the City's Architectural Design Review Regulations. The following matters must still be addressed as indicated: All fences and /or garden walls on or for the meeting hall site shall be subject to detailed design review with the locations of any and all fences and /or garden walls and any and all openings and /or gates to be approved by the Development Services Director. The freestanding "Arcadia Par 3 Golf Course" sign is a legal- nonconforming improvement and shall remain with the required minimum three -(3) -foot separation between any part of the sign structure and any part of the meeting hall. If this sign is to be relocated, redesigned or replaced, such shall be at the applicant's expense, and the new design and /or location are to be approved by the Development Services Director. A Modification was approved in conjunction with CUP 07 -12 for three (3) die cut letter signs, totaling 85 square feet. If the signs for the meeting hall are not to be consistent with this Modification, a new sign Modification and sign design review will have to be approved by the Modification Committee. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA) a Negative Declaration was adopted for this project in conjunction with the approval of CUP 07 -12. Architectural design review on its own is a ministerial action that is exempt from the requirements of CEQA. ADR 07 -21 Revised June 22, 2010 Page 5of6 RECOMMENDATION The Development Services Department recommends approval of the revised concept plans for Architectural Design Review No. ADR 07 -21. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve these revised architectural design concept plans, the Commission should find that the proposed plans are consistent with the City's Architectural Design Guidelines and move to approve the revised plans for Architectural Design Review No. ADR 07 -21. Denial If the Planning Commission intends to disapprove these revised architectural design concept plans, the Commission should find that the proposed plans are not consistent with the City's Architectural Design Guidelines and move to deny the revised plans for Architectural Design Review No. ADR 07 -21. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 22nd public hearing, please contact Jim Kasama at (626) 574 -5423 or jkasama(ci)ci.arcadia.ca.us. Attachments: Vicinity Map Aerial Photo Resolution No. 1769 MC 09 -06 Findings Photos of Subject Property Plans ADR 07 -21 Revised June 22, 2010 Page 6 of 6 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, November 2007 630 E Live Oak Avenue Subject Property 630 E Live Oak Ave Arcadia Zone Development Services Depattment Engineering Division Prepared by: R.S.Gonzalez, November 2007 100 0 100 200 Feet 630 E Live Oak Avenue RESOLUTION NO. 1769 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 07 -12 AND APPROVIING ARCHITECTURAL DESIGN REVIEW NO. ADR 07-21 FOR A NEW CHURCH /MEETING HALL AT 630 EAST LIVE OAK AVENUE WHEREAS, Conditional Use Permit application No. CUP 07 -12 and Architectural Design Review No.. ADR 07 -21 were filed by the Church in Arcadia, represented by Mr. David Dong, Church President on November 6, 2007 for a new church/meeting hall at 630 E. Live Oak Avenue; and WHEREAS, pursuant to the provisions of the Callfomia Environmental Quality Act, Public Resources Code Section 21000 et seq. "CEQA and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of Conditional Use Permit No. CUP 07 -12 and Architectural Design Review No. ADR 07 -21 would result in a significant adverse effect on the environment. Accordingly, a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a public hearing was held by the Planning Commission on December 11, 2007, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the approval of Conditional Use Permit application No. CUP 07- 12 and Architectural Design Review No. ADR 07 -21 for a new church/meeting hall at 630 E. Live Oak Avenue will not be detrimental to the public health or welfare, or injurious to the property or improvements in the zone or vicinity. 1 1769 2. That a new church /meeting hall at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the sites for the new church /meeting hall and supplemental parking are adequate in size and shape to accommodate said use, and ail yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site for the new church /meeting• hall abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the subject property is designated for commercial uses in the General Plan, that a new church /meeting hall is consistent with that designation, and that the granting of the Conditional Use Permit will not adversely affect the comprehensive general plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no 41 evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing .reasons this Commission grants Conditional Use Permit No. CUP 07 -12 and approves Architectural Design Review No. ADR 07 -21 for a new church /meeting hall at 630 E. Live Oak Avenue, subject to the following conditions: 1. This Conditional Use Permit is limited to the church /meeting hall for the Church in Arcadia and the meeting hall and site shall be developed, operated, and maintained in a manner that is consistent with the plans submitted to the Development Services Department for the purposes of this application. 2. Any occupancy or use subsequent to that by the Church in Arcadia shall be subject to a new Conditional Use Permit. 3. The maximum attendance /occupancy at the entire meeting hall building and site shall not exceed 250 people at any one time except for the weekend days (Saturday and Sunday) of the regional meetings of the Church in 2 1769 Arcadia during which the maximum attendance/occupancy of the entire meeting hall building and site shall not exceed 1,000 people at any one time. These regional meetings shall be limited to a maximum of four (4) per year and one (1) per quarter (Le., January through March, April through June, July through September, and October through December) and each such regional meeting shall not exceed a four (4) day period of Thursday through Sunday. A schedule of these regional meetings shall be provided annually to the Development Services Director sixty (60) days prior to the first regional meeting to be held at the new meeting hall and thereafter sixty (60) days prior to the first regional meeting of each calendar year. 4. The meeting hall shall not be leased, rented, let, or otherwise allowed to be used for any purpose by anyone or any other organization. Functions, such as religious ceremonies and social gatherings (e.g., baptisms, christenings, confirmations, weddings, receptions, funerals, etc.) may be held for members of the congregation, but not just hosted by, or sponsored by a member of the congregation. That is, the person to be baptized, christened and /or confirmed, the bride or groom, the honoree of a reception, the decedent, etc. must be a member of, or member -to-be of the Church in Arcadia. Any of these functions shall be limited to the maximum attendance /occupancy limit of 250 people at the entire meeting hall building and site. 5. Alcoholic beverages shall not be served, nor consumed in or on the grounds of this meeting hall, including the City -owned access roadway, remote parking lot, and the parking lot of the Arcadia Par 3 Golf Course. This condition does not restrict the dispensing of ceremonial drinks provided in compliance with the State Alcoholic Beverage Control regulations. 6. The Church in Arcadia shall not operate, provide or facilitate day schools, tutoring services, or day care services at this meeting hall, except for child care services during Church in Arcadia meetings/services/ceremonies. 7. Outdoor activities shall be limited to the east side of the meeting hall and north of the parking lot. 3 1.769 8. Fences on or for the meeting hall site shall be subject to detailed design review with the locations of any and all fences and any and all openings and /or gates to be approved by the Development Services Director. 9. A tree preservation plan shall be submitted for review and approval by the Development Services Director prior to the removal of any existing landscaping, site clearance and /or site preparation for construction. 10. The freestanding "Arcadia Par 3 Golf Course" sign is a legal- nonconforming improvement and shall remain; there shall be an approximately three (3) foot separation between any part of the sign structure and any part of the meeting hall, the owner(s) of this meeting hall shall assure and maintain the visibility of this sign and shall allow and maintain access to the sign for maintenance purposes. This freestanding sign is not be used by or in conjunction with the meeting hall. 11. The following Parking and Zoning Modifications are approved for this church /meeting hall: A. A Parking Modification for 84 on -site spaces and a minimum of 40 off -site spaces in lieu of 206 spaces either on -site or within 100 feet of the meeting hall building (9269.5 9269.6) is granted for the usual use as generally described in the application materials for this meeting hall. For any of' the large regional meetings of up to 1,000 people, additional off -site parking arrangements that will provide for a total of 206 parking spaces are required and are subject to approval by the Development Services Director. A written proposal of these additional off-site parking arrangements shall be provided to the Development Services Director thirty (30) days prior to the regional meeting for which the additional parking is required. This Parking Modification does not constitute approval of a general reduction of the parking requirements for the subject property, but rather only for the meeting hall that is herein conditionally approved. Changes to the meeting hall and /or the manner in which it is used and /or occupied shall be subjeato a new Conditional Use Permit and /or Parking Modification. 4 1769 B. An encroachment into the 45- degree angle, west side yard setback (9261.2.3.(c)) for the uppermost seven (7) feet of the rear 28 feet of the meeting hall building. C. A Sign Modification for three (3) die -cut letter signs, totaling 85 square feet, mounted at the edge of the decorative steel canopies over the front, west side, and rear entries in lieu of a total sign area of 40 square feet attached flat against the walls of the building and not above a roof line; and for the west side sign to face the access roadway and be located 76 feet from the front property line in lieu of not having a sign facing the side of the property and /or being within 50 feet of the front street (9261.4.1) 12. Vehicular access to the meeting hall site shall only be by the 25 -foot wide access roadway bythe driveway off of East Live Oak Avenue. The meeting hall will be permitted to use the 20 -foot wide public alley behind the commercial property at 600 East Live Oak Avenue only for exiting purposes between the hours of 10:00 a.m. to 2:00 p.m. on Sundays, and between the hours of 10:00 110 a.m. to 5:00 p.m. during the weekend days (Saturday and Sunday) of the aforementioned regional meetings. The City will provide the owner of the meeting hall with key(s) to open and lock the access point to this alley. 13. There shall be no parking, stopping, passenger drop-off or pickup, or any other activity that could impede traffic in and/or along the 25 -foot wide access roadway. 14. Noncompliance with the plans, provisions, requirements of all City departments, and the conditions of approval for CUP 07 -12 and ADR 07 -21 shall be grounds for immediate suspension and /or revocation of any approvals. These shall include, but are not limited to the City's Standard Conditions of Approval and the following: A. Compliance with the recently adopted 2007 California Building Code that will become effective on January 1, 2008, as well as with all California accessibility regulations as determined by the Building Official. -5- 1769 B. If determined to be required by either of the following persons, two (2) 36 -inch box parkway trees with irrigation shall be installed to the satisfaction of the City Engineer and /or Public Works Services Director. C. The following requirements of the Fire Department shall be complied with to the satisfaction of the Fire Marshall: 1. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. 2. If the sprinkler system has at Least 100 sprinkler heads, the system shall be fully monitored. 3. Provision of a Knox Box with keys for access to all restricted areas. 4. Fire hydrants shall be installed on the street front and at the rear of the property in the parking area. 5. A full coverage fire alarm system shall be provided. 6. Fire lanes shall be marked as required by the Fire Inspector. D. The following recommendations of the Police Department shalt be complied with to the satisfaction of the Police Chief: 1. Sufficient lighting throughout the rear parking lot, as approved by the Police Chief or his designee, so as to prevent tampering or theft of vehicles parked to the rear of the location, yet not so bright as to annoy the neighbors in the residential area to the west. 2. Exterior lighting on or around the building during hours of darkness, with emphasis on the east side of the location that borders the flood control channel. 3. An alarm system. 4. Low profile shrubs at the northeast corner of the building near the patio area in lieu of the proposed purple leaf plums. Lower profile shrubs would allow police officers to have a clear view along the east side of the location during routine patrol. 6- 1769 E. A Standard Urban Storm Water Mitigation Plan (SUSMP) and a Storm Water Pollution Prevention Plan (SWPPP) subject to the review and approval of the Public Works Services Director. F. The Water Division requirements that are listed in the attached memorandum from Mr. Toni Higham of the Public Works Services Department, dated November 14, 2007. 15. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at Its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 16. The approval of CUP 07 -12 and ADR 07 -21 shall not take effect until the applicant and. the applicant's architect have executed and retumed the Acceptance Form from the Development Services Department to document acknowledgement and acceptance of the conditions of approval, and all conditions of approval shall be satisfied prior to the issuance of final Inspection sign -offs and/or a Certificate of Occupancy for the meeting hall. 17. Architectural revisions to enhance the front elevation as discussed in the staff report shall be provided for the review and approval of the Development Services Director prior to the submittal of construction plans to Building Services for. the Building Plan Check process. 7 1769 SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this Resolution. Passed, approved and adopted this 8th day of January, 2008. ATTEST: creta tanning Comp.' son APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Y psobc. Chairperson, Planning Commission 8 1769 FINDINGS ARCADIA MODIFICATION COMMITTEE Tuesday, April 14, 2009 at 7:45 a.m. Arcadia City Council Chambers Conference Room PUBLIC HEARING MC 09 Address: 630 E. Live Oak Avenue Applicant: Peruzzi Architects for the Church in Arcadia Request: A parking modification to allow 22 tandem parking spaces in lieu of standard spaces in a parking lot with a total of 84 parking spaces for a proposed church permitted under Conditional Use Permit Application No. CUP 07 -12 (AMC Sec. 9269.11). BACKGROUND The Church in Arcadia is relocating from their former location on Morlan Place to 630 E. Live Oak Avenue. A Conditional Use Permit for the proposed new church facility and its operations was approved by the Planning Commission in December 2007, and Resolution No. 1769 was adopted on January 8, 2008. The approval of the new church includes a parking modification that allows for 84 on -site parking spaces with a provision for 122 additional parking spaces to be provided off -site. This request to utilize a tandem parking layout for the on -site parking lot is so that a landscaping area may be placed adjacent to the access roadway to divide and contain the on -site storm water runoff from the off -site flow in the access roadway. The on -site runoff will be collected and routed through a passive filtration system to comply with drainage requirements mandated by the National Pollutant Discharge Elimination System (NPDES). FINDINGS The Committee stated that although they are somewhat concerned about how the tandem spaces will be utilized, they also felt that it was in the church's best interest to ensure that it will be properly used; they would self regulate this arrangement to provide adequate parking for their use. Furthermore, the parking area is self- contained and would not negatively impact the neighbors. Therefore, the Committee approved the applicant's request. ACTION Approved, 3 -0 APPEAL PERIOD There is a five (5) working day appeal period for this application. The approval is not effective until Wednesday, April 22, 2009, provided the Committee's action is not appealed. An appeal must be submitted in writing to the Community Development Division with the $540.00 appeal fee by 5:30 p.m. on Tuesday, April 21, 2009. MC 09 -06 630 E. Live Oak Avenue April 14, 2009 EXPIRATION AND IMPLEMENTATION The approval granted by this application shall expire one year (April 22, 2010) from the effective date unless the project is completed or the approval is renewed. The actual project must be consistent with the approval granted by the Modification Committee. Any deviation from the Committee's action shall be subject to review and approval by the Community Development. Administrator and may require a new application and another public hearing. If there are any questions, please call Thomas Li at (626) 574 -5447 or (626) 574 -5423 or by e-mail at tliCa?ci.arcadia.ca.us. Approved b• Lisa L. Flores, Se or Planner PLANNING COMMISSIONER PRESENT: Parrille COMMITTEE MEMBERS PRESENT: Garcia, Kruckeberg PLANNING SERVICES REPRESENTATIVE: Li MC 09 -06 630 E. 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Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 25, 2010 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 ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu and Parrille ABSENT: Beranek It was moved by Commissioner Hsu and seconded by Commissioner Baerg to excuse Commissioner Beranek from the meeting. Without objection, the motion was passed. OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS 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 Ms. Mary Dougherty, President of the Santa Anita Oaks Homeowners' Association expressed concern that Item 2, regarding Architectural Review Board procedures, was too broad and that the HOAs had not been notified of the proposed discussion. Ms. Dougherty noted that the HOA members are all volunteers and that the position of ARB Chairman is very demanding. She stressed the need for a cooperative working relationship with the Commissioners and City staff. PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. TPM 10 -02 (71312) 1202 1206 Mayflower Avenue Dexter Corp. The applicant is requesting approval of a Tentative Parcel Map for a four -lot subdivision. Assistant Planner Tim Schwehr, presented the staff report. The Public Hearing was opened. Chairman Perrille asked if anyone would like to speak in favor of this project. Mr. Hank Jong, the civil engineer for the project, represented the applicant. He said that the applicant reviewed all conditions of approval and will comply with them. He offered to answer questions on the project. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Tentative Parcel Map No. TPM 10 -02, subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Baderian, Baerg, Hsu and PerriIle NOES: None ABSENT: Commissioner Beranek There is a ten day appeal period after the approval of a Tentative Parcel Map. DISCUSSION ITEM 2. REVIEW OF HOMEOWNERS' ASSOCIATIONS' ARCHITECTURAL REVIEW BOARD PROCEDURES Commissioner Baderian said that over the past year the Commission has reviewed three to four appeals from the Lower Rancho HOA on metal roofing and each time the Commission has approved the appeal. He suggested that the Commissioners could work with the HOAs to change existing procedures to avoid repetition of these appeals and provide a more uniform process for appeals. Commissioner Baerg noted that since an appeal puts a financial burden on the homeowner and expends staff time it is important for an HOA member to attend the meeting to explain their position. Commissioner Hsu said that it seems appropriate to reduce the burden on applicants on an appeal process that occurs repeatedly. PC MINUTES 6-8-10 Page 2 Chairman Parrille said that there seems to be a consensus among the Commissioners that the objection to metal roofing lacks foundation and that, in fact, there are many examples where metal roofing is compatible with the neighborhood. Consequently, the Commission is seeking clarification of the HOAs objections. Commissioner Baderian said that the title of the item suggested a discussion on ARB procedures in general, but the staff report emphasized the metal roofing issue. He added that he feels the item should be continued until the Commission has had an opportunity to review existing ARB requirements on metal roofing, or roofing in general, and until all HOAs can be notified of the Commission's concerns and they are provided an opportunity to attend the meeting and participate in the discussion. Mr. Kasama pointed out that the Planning Commission's role in relationship to the HOAs and ARBs is strictly limited to hearing appeals and that any action to change HOA regulations or ARB procedures would have to be taken by the City Council. He said that the the Lower Rancho HOA has not provided clear reasons for their objection to metal roofing and that the previous ARB Chairman had worked with contractors and applicants to arrive at satisfactory results in regard to this type of roofing material. He added that a study session would be a good method for reviewing this and other concerns. Commissioner Baderian agreed that a study session would be helpful in providing an opportunity for review of current HOA roofing regulations. If any recommendations result, they can be forwarded to the City Council for review. Chairman Parrille asked staff to coordinate a study session with the HOAs to informally review their procedures. CONSENT ITEMS 3. PLANNING COMMISSION DETERMINATION Finding that the proposed Capital Improvement Program for 2010 -2011 is consistent with the General Plan. 4. RESOLUTION NO. 1817 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10-04 to amend CUP 09-19 (Resolution 1811) to expand the operating schedule and permit limited exterior signage for the tutoring center at 1741 S. Baldwin Avenue. 5. RESOLUTION NO. 1818 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -06 to amend CUP 91 -12 (Resolution 1470) to increase the maximum allowable seating to 48 persons and allow the serving of alcoholic beverages for on -site consumption at the 1,640 square -foot restaurant located at 411 E. Huntington Dr., Suite 122. PC MINUTES 6-8-10 Page 3 6. RESOLUTION NO. 1819 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 10 -05 to amend CUP 00 -011 for the Tea House at 846 West Duarte Road. MOTION: It was moved by Commissioner Hsu seconded by Commissioner Baerg, to find that the proposed Capital Improvement Program for 2010 -2011 is consistent with the General Plan, and to adopt Resolution 1817, Resolution 1818 and Resolution 1819 and to approve the minutes of May 25, 2010 as presented. Without objection the motion was approved. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, and Parri lle NOES: None ABSENT: Commissioner Beranek MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Chairman Parrille said that the Rotary Club will be honoring a police officer and fire fighter of the year on Friday. MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parri lle reported that the Modification Committee meeting was cancelled. MATTERS FROM STAFF Mr. Kasama said that the City Council will interview seven applicants for the Planning Commissioner position on June 15 and an appointment will be announced at the meeting that same night. He also said that there will be two appeals on Business License revocations related to massage businesses on the next Planning Commission agenda along with CUPs for an art studio and for a tutoring center. The agenda will also include a revision to an Architectural Design Review for the Church in Arcadia. Commissioner Baderian noted that the appeal to the City Council of the Planning Commission's denial of Administrative SFADR 10 -28 regarding Greek pillars on the front and rear porches at 215 W. Naomi Avenue had been referred back to staff. Mr. Kasama noted that the applicant has some new drawings and that he expects staff will be able to work out a satisfactory solution with the applicant. Chairman Parrille asked if the environmental impact elements of the Caruso project which were denied would be referred back to the Planning Commission for review if Caruso and Santa Anita reach an agreement. Mr. Kasama confirmed that it would. PC MINUTES 6-8-10 Page 4 ADJOURNED 7:30 p.m. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 6-8-10 Page 5