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HomeMy WebLinkAbout6-22-10The Planning Commission /Business Permit and License Review Board of the City of Arcadia met in regular session on Tuesday, June 22, 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 Board Members Baderian, Baerg, Beranek, Hsu and Parrille ABSENT: None OTHERS ATTENDING Development Services Director /Assistant City Manager, Jason Kruckeberg City Attorney, Steve Dietsch Police Detective John Bonomo Lieutenant Paul Foley Reserve Police Officer, Mike Deleo Reserve Police Officer, Jack Orswell Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Tim Schwehr Business License Officer, Silva Vergel 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 None PUBLIC HEARINGS PLANNING COMMISSION AND BUSINESS PERMIT AND LICENSE REVIEW BOARD MINUTES Tuesday, June 22, 2010, 7:00 P.M. Arcadia City Council Chambers Mr. Deitsch briefly explained the function of the Business Permit and License Review Board relating to the appeals of business license revocations. Board Member Baerg asked if the appellants are provided with the same information that is presented to the Board and Ms. Verge) said that the material had been mailed to them last Thursday. Board Member Baerg asked if the appellant is required to provide evidence to staff before presenting it at the meeting. Ms. Vergel said that she had not received anything from the appellant for presentation to the Board. Chairman Parrille asked if there are guidelines for the imposition of fines or penalties. Ms. Vergel explained that there are no fines imposed in revocation cases. Before proceeding to the Business Permit and License Review Board hearings, Chairman Parrille introduced Mr. Ching Chiao, the new Planning Commissioner. Mr. Chiao will officially join the Commission /Board at the next meeting. 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 Business License Officer, Silva Vergel, presented the staff report. Arcadia Police Detective John Bonomo reviewed the series of violations and noted that the same types of violations were identified repeatedly at each inspection over a 13 month period. The Hearing was opened. Chairman Parrille asked if anyone would like to speak in opposition to this appeal. Mr. and Mrs. Zhao, the owners of the business, were represented by an interpreter. The interpreter said that !fitness is a full service health spa for men and women providing saunas, waxing, exfoliating rooms, etc. He pointed out that the business is tastefully decorated. The interpreter said that Mr. and Mrs. Zhao speak only rudimentary English and therefore, they were not able to understand the citations they received from staff. However, he said that all the violations were minor and did not involve health code violations or illegal activity. The interpreter said that if the revocation is upheld, the family will face financial ruin and a legitimate family -owned business will be shut down. Board Member Baderian asked the interpreter how long he had been associated with the business and with the family. He replied that he was hired as a translator within the last month. Board Member Baderian asked if anyone was helping Mr. and Mrs. Zhao to understand the notices they received from the City and how did Mr. and Mrs. Zhao communicate with staff in response to these violations. The interpreter said that staff should have known that Mr. and Mrs. Zhao did not speak fluent English. He also said that when they received a notice, since they didn't understand it, they felt it was easier to just pay the fine than to try to understand what was being asked of them. PC MINUTES 6 -22 -10 Page 2 Board Member Baderian asked once more if there was no one available to help them understand the citations. The interpreter said again, there was no one who could help them. Board Member Baderian asked what percentage of the business is comprised of massage services. The interpreter said only two small rooms are used for massage and he would estimate that to be about 20% of the business. Board Member Baderian asked if there was documentation to support this and the interpreter said that records show the business derives most of its income from facials. He said that these records were supplied to the city upon request. Board Member Beranek noted that although massage services are supposed to be incidental to the business, an inspection indicated that massage services made up about half of the business and, in fact, only massage customers were encountered. Ms. Vergel reported that during an inspection of the business, she observed three massage customers and no other customers. Board Member Beranek asked the interpreter for an explanation. The interpreter said that the inspection Ms. Vergel referred to was conducted around 11:00 am and most of the customers for services other than massage, arrive later in the day. He also pointed out that the spa has not been very busy. Board Member Beranek noted that the appellants had 13 months during which their business was inspected several times and they were fined a number of times. He asked why they could not find someone to translate for them or to help them understand the issues. Board Member Beranek asked, if the business is mainly a health operation, why were provocative ads for massage services at this location found on the Internet. The applicants' daughter said that her parents do not use computers so they advertise mostly in the newspaper. She said she has no knowledge of Internet ads for the business. Board Member Baderian noted that the daughter said she had been working with the family to correct the violations and that she has been associated with the business since its inception. He asked her if she contacted the City when the citations were first received and she explained that she was only responsible for designing the forms they were using in the business and that she was not aware that she could contact staff for assistance. Board Member Baderian said that citations were issued for two employees who were providing massage services without approved credentials and he asked for an explanation. The interpreter said that when these employees were hired, the applicants took them to City Hall to verify their licenses and that they did not understand that they had to wait for the licenses to be issued before the employees could start work. They thought the visit to City Hall was sufficient. Board Member Baderian asked if he correctly understood that staff did not inform the applicants that they had to wait until the licenses were received before the employees could begin providing massage services. The interpreter said the applicants paid for their licenses in February and didn't receive them until May. They did not understand the lengthy delay and thought they were qualified to work. PC MINUTES 6 -22 -10 Page 3 MOTION: Board Member Baderian asked if the applicants or the prospective employees checked with the City to see if they were eligible to begin working. The interpreter said that Ms. Ma called the Business License Officer at least ten times and also visited City Hall several times. Board Member Baderian asked again if staff informed Ms. Ma that they had to wait to receive the proper licenses and the interpreter replied that they were aware that they needed to wait for the actual licenses. Board Member Baderian repeated, "They were aware." The interpreter said that they thought their beautician licenses satisfied all requirements. Board Member Baderian asked again if staff informed the applicants that without the proper license they could not offer massage services. The interpreter replied that staff did not give the applicants a time frame. Board Member Baderian again confirmed that the applicants were aware that they needed the licenses to provide massage services. Chairman Parrille asked if anyone wanted to speak in favor of the appeal. There were none. Board Member Baderian said that there does not appear to be enough evidence to overturn the Business License revocation. He pointed out that the applicants had 13 months to correct the violations and that they were aware that they were conducting business without the required licenses. It was moved by Board Member Baderian, seconded by Board Member Hsu to deny the appeal and uphold the Business License revocation for (fitness Beauty Spa. ROLL CALL AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None 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 PC MINUTES 6 -22 -10 Page 4 Business License Officer, Silva Vergel, presented the staff report. Board Member Beranek noted that even though there were several inspections of this business, staff never observed the presence of an acupuncturist, only masseuses. Ms. Vergel confirmed this fact. Detective Bonomo pointed out that the doctor's license is issued for an address in the City of Oxnard so he probably does most of his work in that city and cannot be present at the Arcadia location full time. Board Member Beranek asked how staff found the Internet ads for this business. Detective Bonomo said that web sites where massage patrons describe their experiences are frequently reviewed by the Police Department and several people wrote openly on the website about massage services at this location. Chairman Parrille asked if the two women observed at the location were acupuncturists and Detective Bonomo stated that they were not. The Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this appeal. Dr. Yu, the business owner, said that he had employed a business manager at this location and he was not aware of the violations until May of this year. He asked the Board to let him correct the violations. Board Member Baderian asked Dr. Yu if he contacted staff to request an explanation after receiving the initial citation in November of 2009. Dr. Yu explained that he had arranged for the services of a translator but the translator called him only a few minutes before the meeting and said he would not be able to attend. Board Member Baderian asked Dr. Yu if he understood the question and Dr. Yu said he understood most of it. Board Member Baderian asked again if Dr. Yu had contacted the city for an explanation after receiving the first citation. Board Member Baderian asked Dr. Yu if the original business license application was for acupuncture and Dr. Yu said that it was, but there wasn't much business. Board Member Baderian asked if massage services were also offered. Dr. Yu said that staff never told him that massage was prohibited but that he told his office manager not to offer massage services. Board Member Baderian asked if the office is open daily and if he is there every day. Dr. Yu confirmed that the office is open on a daily basis but he is only there on weekends and occasionally on Monday, although he is never there for the entire day. Board Member Baderian asked Dr. Yu if the office is open when he is not present and Dr. Yu said it is. Dr. Yu explained that he asked the office manager to make appointments for clients when he is not present. PC MINUTES 6 -22 -10 Page 5 Board Member Baderian asked if other services are offered when Dr. Yu is not in the office and Dr. Yu said they are. Dr. Yu said that he wants to close the business, but he was concemed because he was told by staff that he would not be able to work in Arcadia for five years. Board Member Baderian asked staff how the length of time that the appellant would be prohibited from conducting business in Arcadia is determined. Ms. Vergel explained that the time frame is set in the Municipal Code. It begins with a one year ban. Chairman Parrille asked if anyone would like to speak in opposition to the appeal. There were none. MOTION: It was moved by Board Member Beranek, seconded by Board Member Baderian to deny the appeal of the Business License revocation for Yuhong Clinic of Oriental Medicine. ROLL CALL AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None There is a ten (10) day appeal period after the appellant receives notice of the denial of the appeal. Mr. Deitsch explained the types of fines that apply to administrative citations per the Municipal Code. Board Member Baderian asked Mr. Deitsch if the appellant is responsible to provide their own interpreter. Mr. Deitsch said that he will confer with staff on this and will also discuss how to handle these situations in the future. PLANNING COMMISSION ITEMS Since Commissioner Beranek's business is within 300 feet of the site in Item 3, he excused himself from the proceedings on that item. 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 Assistant Planner Tim Schwehr, presented the staff report. The Public Hearing was opened. PC MINUTES 6 -22 -10 Page 6 Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. and Mrs. Chen, the applicants, said they have been renting a studio for almost five years and are now relocating to this site. They said the site is ideal for their business which consists of offering private tutoring for art students and also a private studio for Mr. Chen's personal use in his business as a professional artist. They plan to conduct two classes concurrently with no more than ten students so they do not anticipate any parking deficiencies. They stated that they are aware that the City requires notice to parents regarding plans for drop -off and pick -up of students and they plan to submit this notice to staff for approval once it has been prepared. They offered to answer questions from the Commissioners. Commissioner Baderian asked the applicants if they had read the conditions of approval and would comply with all of them. They agreed to comply. Chairman Parrille asked if anyone would like 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 Hsu, seconded by Commissioner Baderian to approve Conditional Use Permit No. CUP 10 -07, subject to the conditions in the staff report. ROLL CALL AYES: Baderian, Baerg, Hsu and Parrille NOES: None ABSTAIN: Beranek 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. Commissioner Beranek rejoined the meeting. 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 PC MINUTES 6 -22 -10 Page 7 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. RECOMMENDATION: Conditional Approval Assistant Planner Tim Schwehr, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Janice Yen, Steps Academy, said that when they applied for a Conditional Use Permit in January, she did not take the summer schedule into consideration and only applied for the regular school year. This application will provide for the summer schedule. Chairman Parrille asked if the applicant had read the conditions of approval and would comply with all of them, and Ms. Yen confirmed her intention to comply with all conditions. Chairman Parrille asked if anyone would like to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 10 -08 subject to the conditions in the staff report. ROLL CALL AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None 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 PC MINUTES 6 -22 -10 Page 8 Community Development Administrator, Jim Kasama, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. John Perruzzi, the architect for the project said that the original design was modified to make it more appealing and he offered to answer questions for the Commissioners. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve Architectural Design Review No. ADR 07 -21 subject to the conditions in the staff report. ROLL CALL AYES: NOES: There is a five (5) working day appeal period after the approval of the application. CONSENT ITEMS 8. MINUTES OF JUNE 8, 2010 RECOMMENDATION: Approval MOTION: Baderian, Baerg, Beranek, Hsu and Parrille None It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve the minutes of June 8, 2010 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Commissioner Baderian said that on behalf of the Commission, he wanted to express appreciation to Commissioner Hsu for eight years of dedicated service to the Commission and to the City of Arcadia. Commissioner Hsu thanked staff and all the city employees who supported the Commission and said that he felt privileged to serve on a Commission of outstanding individuals who always had the best interests of the community at heart and who had made a positive difference in the city. PC MINUTES 6 -22 -10 Page 9 MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parrille reported that a Parking Modification and Design Review were approved for 515 S. First Avenue at the Modification Committee meeting this morning. MATTERS FROM STAFF Mr. Kasama noted that the July 13 meeting will include reorganization of the Planning Commission and that the new Commissioner will be taking his seat for the first time at that meeting. ADJOURNED ATTEST: Se• ng Commission 8:40 p.m. ning Commission PC MINUTES 6 -22 -10 Page 10