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HomeMy WebLinkAbout10-12-10 (2)6:00 P.M., City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL: PRESENT: Commissioners Baderian, Beranek, Chiao and Parrille ABSENT: Commissioner Baerg MOTION: It was moved by Commissioner Baderian to excuse Commissioner Baerg from the meeting. Without objection the motion was approved. OTHERS ATTENDING There were none. MINUTES ARCADIA PLANNING COMMISSION AND BUSINESS PERMIT AND LICENSE REVIEW BOARD GENERAL PLAN UPDATE STUDY SESSION 6:00 P.M. AND REGULAR MEETING 7:00 P.M. Tuesday, October 12, 2010 Arcadia City Council Chambers Assistant City Manager /Development Services Director, Jason Kruckeberg City Attorney, Steve Deitsch Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit per person STUDY SESSION 1. DISCUSSION OF GENERAL PLAN MATERIALS Staff will answer questions on the Draft General Plan, Environmental Impact Report and Draft Zoning Code Amendments. Mr. Kruckeberg and Ms. Flores responded to a number of questions from the Commissioners regarding the material covered at the last Study Session. Chairman Parrille called a recess. 6:50 p.m. RECONVENE PLANNING COMMISSION MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: 7:00 p.m., City Council Chamber PRESENT: Commissioners Baderian, Beranek, Chiao and Parrille ABSENT: Commissioner Baerg MOTION: It was moved by Commissioner Baderian to excuse Commissioner Baerg from the meeting. Without objection the motion was approved OTHERS ATTENDING Assistant City Manager /Development Services Director, Jason Kruckeberg Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Associate Planner, Tom Li Business License Officer, Silva Vergel Detective, John Bonomo Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were two letters relating to Item 2 on the agenda that were distributed to the Commissioners. 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 PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning 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. PC MINUTES 10 -12 -10 Page 2 BUSINESS PERMIT AND LICENSE REVIEW BOARD HEARING 2. ORCHID SPA 1004 N. Santa Anita Avenue Mark Vitatema This is an appeal of a business license revocation for non compliance with the City of Arcadia Massage Therapist and Business License regulations by Orchid Spa. Business License Officer, Silva Verge!, presented the staff report. Chairman Parrille asked if the Board members had any questions. There were none. The public hearing was opened. Chairman Parrille asked if there was anyone who would like to speak in favor of this appeal. Mr. Mike Mak, attorney, represented the appellant, Mr. Mark Vitaterna. Mr. Mak summarized his client's position by responding, item -by -item, to the violations listed in a letter from the Business License Officer dated September 17, 2010. Mr. Mak contends that the alleged violations are the result of various misunderstandings between his client and staff and that the violations in question are minor in nature. Therefore, he asked the Board to support his client's appeal and reverse the revocation. Board Member Baderian noted that Orchid Spa has been operating in the city since 2007 and he asked Mr. Mak if his client received a copy of the City's Business License rules and regulations when the business first opened. Mr. Mak responded by saying that his client had received this information and understood the applicable rules and regulations. Mr. Vitatema, the business owner, confirmed this. Board Member Baderian asked how many hours per week the spa is open. Ms. Ana Huang, the spa manager, said they are open every day. Board member Baderian asked Ms. Huang what percentage of their business is devoted to massage services. Mr. Mak replied that massage services make up approximately 10-20% of their business. Board Member Baderian asked if the trainee observed by the Business License Officer during a recent inspection was touching the client or only observing. Mr. Mak said she was only observing. Board Member Baderian asked why treatment records were not available at the time of inspection. Mr. Mak said that customers consider the treatment record requirement intrusive so, to protect their privacy, the records are under the control of the spa manager who was not present at the inspection. He did assure Board Member Baderian that the required records are maintained and can be made available for inspection. He also said that clients who refuse to provide all the information required for the treatment records are turned away. PC MINUTES 10 -12 -10 Page 3 Board member Baderian asked Mr. Mak to explain why a recent inspection revealed a massage therapist working at the spa who did not have the required valid city identification card. Mr. Mak explained that the therapist had applied for a card four months ago and was assured by staff that her application was approved and she would be receiving an ID card in the mail. Based on this, his client assumed the therapist had the proper ID. Therefore, Board member Baderian concluded that the spa manager allowed the massage therapist to work without posting the required ID. Board member Chiao noted that Mr. Mak said that treatment records were not available at the time of inspection because inspections are not announced in advance and the business owner, who is the only one with access to these records for reasons of client privacy, was not present at the time of inspection. He pointed out that the Code requires that these records are maintained for 24 months at the business location and that they are available for inspection by staff at any time. Board member Chaio further noted that the required records were not available at nine different inspections. Mr. Mak said that although the required records are kept current they were not available at the time of inspection for reasons previously mentioned. Board member Chiao asked Mr. Mak how much of the business is devoted to massage services. Mr. Mak said a rough estimate of 15-20% of the business is probably correct. Board member Chiao pointed out that maintenance of accurate treatment records would allow a precise determination of the percentage of business devoted to massage services. Board member Chiao asked Mr. Mak about the Orchid Spa internet ads showing Asian women dressed in non uniform attire that is not consistent with city regulations. Mr. Mak said that the ads were produced by an independent contractor and do not accurately reflect the attire of the employees at Orchid Spa. Board member Beranek asked if a copy of the memo distributed to the Board members had been sent to the appellant as well and Mr. Kasama confirmed that it had. Mr. Mak agreed that his client needs to improve record keeping and clothing requirements and that there are some other violations that have not been corrected. He pointed out that massage businesses are held to a very high standard but claimed that none of his client's alleged violations relate to moral or health code regulations. He further stated that although he and his client appreciate the city's efforts to enforce the code, they feel that their business deserves another chance. Chairman Parrille asked if there was anyone who wanted to speak in opposition to this appeal. There were none. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. PC MINUTES 10 -12 -10 Page 4 MOTION: Based on the information provided by staff and the business owner, it was moved by Board member Baderian to deny the appeal and uphold the revocation of Orchid Spa's business license and deny the business owner, Mr. Mark Vitaterna, a license to own or operate a business in the City of Arcadia for a period of one (1) year. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao and Parrille NOES: None ABSENT: Commissioner Baerg There is a ten (10) day appeal period after the appellant receives notice of the approval/denial of the appeal. CONSENT ITEMS 3. MINUTES OF SEPTEMBER 28, 2010 MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve the minutes of September 28, 2010 as presented. ROLL CALL: AYES: Commissioners Baderian, Beranek, Chiao, and Parrille NOES: None ABSENT: Commissioner Baerg MATTERS FROM CITY COUNCIL PLANNING COMMISSION None MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that one item was approved by the Modification Committee this morning. MATTERS FROM STAFF UPCOMING AGENDA ITEMS Mr. Kasama said that the next agenda will include the General Plan Update and a project at Baldwin Plaza. He also reminded the Commissioners that a local developer, Richard Tipping, has issued an invitation to them to attend an open house at 2 and 6 West Pamela Road on October 27. PC MINUTES 10 -12 -10 Page 5 ADJOURNED ATTEST: ry, Planning Commission 7:50 p.m. PC MINUTES 10 -12 -10 Page 6