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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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
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