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HomeMy WebLinkAbout11-9-10PLEDGE 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
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 Business Permit and License Review
Board or 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. ASIANA ACUPUNCTURE
149 E. Huntington Drive
Jinhong Ding, 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 Asiana Acupuncture.
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.
PLANNING COMMISSION ITEMS
ARCADIA BUSINESS PERMIT AND LICENSE REVIEW BOARD
AND
PLANNING COMMISSION
AGENDA
Tuesday, November 9, 2010, 7:00 P.M.
Arcadia City Council Chambers
2. ARCHITECTURAL DESIGN REVIEW NO. ADR 09 22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
Don Mear of Pacific Design Group
The applicant is requesting approval of the addition of a new 15,210 square -foot, two -story
commercial building and a 98 -space subterranean parking garage to an existing 26,553 square -foot
commercial center.
RECOM MENDATION: Conditional approval
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.
BPLRB PC AGENDA
11 -9-10
There is a five (5) working day appeal period after the approval/denial of the application. Appeals are
to be filed by 5:30 p.m. on Wednesday, November 17. 2010.
CONSENT ITEM
3. MINUTES OF OCTOBER 26, 2010
RECOMMENDATION: Approve
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,
BPLRB PC AGENDA
11 -9 -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 continue the hearing to a specific date, or
revoke, suspend, reinstate, or reinstate the business license with conditions.
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.
BPLRB PC AGENDA
11 -9-10
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.
BPLRB PC AGENDA
11 -9 -10
November 9, 2010
STAFF REPORT
Development Services Department
TO: Arcadia Business Permit and License Review Board
FROM: Jim Kasama, Community Development Administrator
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 Asiana Acupuncture at 149 E. Huntington Drive
SUMMARY
At the request of the Arcadia Police Department, the Business License Office on
October 5, 2010 revoked the business license for Asiana Acupuncture at 149 E.
Huntington Drive for noncompliance with the City of Arcadia Massage Therapist and
Business License regulations. The revocation notice is attached as Exhibit `A'. Ms.
Jinhong Ding owner of Asiana Acupuncture filed an appeal of the business license
revocation on October 14, 2010. The appeal letters are attached as Exhibits 'B1'
and `B2', a summary sheet of the inspection dates and violations is attached as
Exhibit 'C', and the Police Department's revocation request and reports are attached
as Exhibit `D'. The Police Department and the Development Services Department
are recommending that the Business Permit and License Review Board uphold the
revocation and deny the appeal.
BACKGROUND
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 and
is the first arbiter of appeals. The Board's decision may be appealed to the City
Council.
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
(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
determination shall not participate in either the hearing or 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 these provisions 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.
(3)
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 2
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.
GENERAL INFORMATION
APPELLANT: Ms. Jinhong Ding, the owner of Asiana Acupuncture
LOCATION: 149 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. 048960 was issued to Ms. Jinhong Ding on May 13, 2008 to
operate as an acupuncture office at 149 E. Huntington Drive. The business license
was issued for the operation of the acupuncture business and not for any massage
therapists. Asiana Acupuncture was inspected by the City on the following dates:
July 8, 2008, October 16, 2008, December 11, 2008, April 21, 2009, October 30,
2009, February 1, 2010, February 5, 2010, May 14, 2010 and September 14, 2010.
With the exception of the inspections on April 21, 2009, February 5, 2010 and May
14, 2010, 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.
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 3
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 6418.4. CERTIFICATION OR IDENTIFICATION REQUIRED
TO CONDUCT MASSAGE THERAPY.
It shall be unlawful for any person to engage in massage therapy
without having either a valid Massage Therapist Identification Card or a
valid Massage Certificate. To ensure compliance with this Code
section, upon receipt of either a Massage Therapist Identification Card
or a Massage Certificate, all massage therapists must file a certified
copy of either their Massage Therapist Identification Card or their
Massage Certificate with the City of Arcadia Development Services
Department Business License Division. After successfully filing either
their Massage Therapist Identification Card or Massage Certificate, all
massage therapists will be issued a City of Arcadia Verification Card.
3) 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.
4) Section 6418.8. HOURS OF OPERATION.
No massage therapist shall administer a massage in any established
business between the hours of 9:00 p.m. and 7:00 a.m. The hours of
operation must be displayed in a conspicuous public place within the
established business.
5) 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
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 4
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.
6) 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.
7) 6418.20(A). OPERATIONS IDENTIFICATION CARDS
Identification Cards. Each massage therapist shall at all times while on
the massage therapy business premises have in his or her possession
either the Massage Therapist Identification Card required by this
Division or their Massage Certificate, a valid photo identification, and
their City of Arcadia Massage Verification Card. Such card and
identification shall be provided to City regulatory officials upon demand.
Each owner and /or operator shall at all times while on the massage
therapy business premises have in his or her possession a copy of the
Business License required by this Division and a valid photo
identification. Such card and identification shall be provided to City
regulatory officials upon demand.
8) Section 6418.20(B). OPERATIONS DISPLAY OF LICENSE.
Each owner or operator of a massage therapy business 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.
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 5
9) 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.
10) Section 6418.20(L). OPERATIONS 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.
11) 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
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.
12) Section 6418.20(R). OPERATIONS ROSTER OF EMPLOYEES.
The business owner and /or operator shall maintain a register of all
massage therapists and 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 immediately for
inspection by the City regulatory officials upon demand at all
reasonable times.
13) 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
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 6
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 Asiana Acupuncture. The
revocation request and the inspection reports are attached as Exhibit 'D'. The
business license for Asiana Acupuncture was revoked on October 5, 2010, and the
owner appealed the revocation on October 14, 2010. These correspondences are
attached as Exhibits 'A', 'B' and `B1'.
At the inspection of September 14, 2010, some of the inspection team entered the
facility from the front at Huntington Drive and Police Officers were situated at the
rear entrance along the alley. One of the massage therapists tried to leave the
scene when she saw the inspectors enter from Huntington Drive. She exited the
rear of the business toward the alley, but went through the adjacent business, the
Drinker's Hall of Fame toward Huntington Drive. However, after being asked by one
of the inspection team, this massage therapist returned to Asiana Acupuncture. The
other two massage therapists also attempted to leave the scene toward the alley,
but were intercepted by the Police Officers. During the inspection, Ms. Ding came in
and admitted that she knew she is not supposed to have unlicensed massage
therapists, but felt she had to hire them due to her absences. A citation was issued
to the business owner and the three (3) massage therapists.
On October 4, 2010, a Code Services Officer and the Business License Officer
hand delivered one of the citations issued to one of the unlicensed massage
therapists that was present on September 14, 2010 because the United States Post
Office returned it as "undeliverable Durin�q this time, two of the three unlicensed
massage therapists from the September 14 inspection were at the location, but the
acupuncturist was not present.
The revocation letter was delivered to Asiana Acupuncture on October 5, 2010, and
City staff witnessed another massage therapist that had not been there before.
Again, the acupuncturist was not present.
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 7
On October 6, 2010, a Code Services Officer, the Business License Officer and a
Police Detective went to Asiana Acupuncture to deliver citations for the violations
that were observed on October 4, 2010. During this visit, staff again observed two
unlicensed massage therapists and the acupuncturist was not present.
The Police Department reported that massage is not incidental or secondary to this
business because on multiple inspections, the acupuncturist was not present;
however, massage services were available.
RECOMMENDATION
The Police Department and the Development Services Department recommend that
the appeal be denied and the revocation of the business license for Asiana
Acupuncture be upheld, and that Ms. Jinhong Ding 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 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
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 8
uphold the revocation of the business license for Asiana Acupuncture and require
that Ms. Jinhong Ding 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 November 9
hearing, please contact Business License Officer, Silva Vergel at (626) 574 -5430 or
svergel @ci.arcadia.ca.us.
Approved by:
JimKi
ma
Cmunity Development Administrator
Attachments: Exhibit `A' Revocation Notice
Exhibits `B1' 'B2' Letters of Appeal
Exhibit 'C' Summary Sheet of the Inspection Dates and Violations
Exhibit 'D' Revocation Request and Inspection Reports
Asiana Acupuncture
149 E. Huntington Drive
November 9, 2010 Page 9
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
October 5, 2010
Ms. Jinhong Ding
Asiana Acupuncture
149 E. Huntington Dr.
Arcadia, CA 91006
NAND DELIVERED 1015110,
SUBJECT: Revocation of Business License No. 048960
Dear Ms. Ding:
The purpose of this letter is to inform you that Business License No. 048960 for
an acupuncture office located at 149 E. Huntington Dr. is being revoked
effective October 21, 2010. Said revocation is due to violations of the Arcadia
Municipal Code that have been listed below:
1. 6418.3. Permissible Massage Therapy Business Activities
2. 6418.4. Certification or Identification Card Required
3. 6418.5. Business License Required
4. 6418.9. Business Owner /Operator Responsibility
5. 6418.10. Massage Therapist Identification Card Required if No Massage
Certificate
6. 6418.20(A). Identification Card
7. 6418.20(B). Display of License
8. 6418.20(C). Clothing Requirements
9. 6418.20(Q). Notices.
10. 6418.20(R). Roster of Employees
11. 6418.20(S). Records of Treatment.
You are to cease the operation of your business by the above date.
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 unaersigned by Wednesday, October 20,
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: Philip and Jamie Shar, Property Owner
EXHIBIT A
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R ECEIVED OCT 12 2010
To: City of Arcadia
My name: DING, JINHONG
Company name: ASIANA ACUPUNCTURE
Company address: 149 E. Huntington Dr., Arcadia, CA 91006.
I strongly protest the City of Arcadia revoking my occupational license.
I strongly protest the City of Arcadia citing me repeatedly for the same
reason for a total of $3,900.
I demand the City of Arcadia reinstate my occupational license.
I demand the City of Arcadia reinstate the two massage licenses.
I demand the City of Arcadia reinstate my right to hire employee.
In the last two years, the City of Arcadia has changed their regulation policies on the
massage business. Two years ago, holding a massage license qualifies someone to be
a masseur /masseuse. However, the regulation now requires masseur /masseuse to also
be a practicing Chinese herbal doctor. Later, the regulation did not recognize Chinese
herbal doctor as a form of qualification to serve as a masseur /masseuse. Finally, the
City of Arcadia no longer welcomes the massage business. This has resulted in my
hiring of California licensed masseur /masseuse who are not licensed in the City of
Arcadia.
Since 2008, my business has always obeyed the laws of the City of Arcadia.
Recently, the City of Arcadia has stopped granting massage licenses. At the same
time, they have been checking for massage licenses. This place a great burden on
those affected.
I am the owner, and I have a massage license. However, I cannot work every day
because I am a single mother who needs to take care of my 5 -year old kid. As such, I
need to hire other masseur /masseuse to continue operating my business. I borrowed
approximately $100,000 from my family to start this business. Now, the City of
Arcadia is set on forcing me to close my business. How do I recoup my investment?
If you believe I am mismanaging my business in the City of Arcadia.
Please see my other business I opened with my friend, a beauty salon, in City of San Diego
opened in 2009. This business has been operating for over a year. All my employees there have
the required license. Every day, the employees wear uniform. We have obeyed all San Diego
business regulations. The required licenses were granted by the City of San Diego. So as a
businessperson, 1 have done nothing wrong and wish to do nothing wrong.
The City of Arcadia has their regulations but refuses to grant the required licenses. The City of
Arcadia also insists that only two specific employees can work as masseur /masseuse. Transferred
massage licenses are not permitted..
When my Chinese herbal doctor is absent from work, the City of Arcadia says we must shut
down. Another substituted Chinese doctor is not permitted.
I wish to sell my business, but the City of Arcadia does not allow and allows only for the closure
of my business.
If I close the business, how do I replay my debtors?
My lease runs through April 2011.
I hope the City of Arcadia can provide me a justified and fair response.
Thank you
EXHIBIT B2
0I/9/01
ON
0I /S /0I
ON
0I /b /01
o N
01 3'1 /6
saA
OI
S
2/5/10
0 I /I /Z
ON
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8/91/01
ON
8/8/L
1 AMC CODE
1 6211. Business License
6418.3. Permissible
Massage Therapy
Activities
6418.4 Certification or
Identification Card
Required
6418.5. Business License
Required
6418.8. Hours of
Operation
6418.9. Business
Owner /Operator
Responsibility
6418.10. Massage
Therapist Identification
Card Required if No
Massage Certificate
6418.20(A). Identification
Card
6418.20(B). Display of
License
Requirements
6418.20(L). Building
Permits
6418.20(Q). Notices.
6418.20(R). Roster of
Employees
6418.20(S). Records of
Treatment.
Acupuncturist Present
EXHIBIT C
To: Sergeant J. Lachenmyer
From: Detective L. Vicuna
Subject: Massage Establishment Revocation Request
Date: October 5, 2010
Sir,
MEMORANDUM
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 the following Arcadia
Municipal Code violations:
AMC 6211— License Required
AMC 6418.3 Permissible Massage therapy Business Activities
AMC 6418.5 Hours of Operation
AMC 6418.9 Business Owner /Operator Responsibility
AMC 6418.10 Massage Therapist Identification Cad Required If No Massage
Certificate
AMC 6418.20(A) Identification Card
AMC 6418.20(B) Display of License
AMC 6418.20(C) Clothing
AMC 6418.20(L) Building Permits
AMC 6418.20(Q) Notices
AMC 6418.20(R) Roster of Employees
AMC 6418.20(S) Records of Treatment
Police Department
The City of Arcadia's massage establishment inspection team has conducted several
inspections at Asiana Accupuncture, 149 E. 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.
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 D
I. TYPE, LOCATION AND TIME OF INCIDENT
i
Type of Incident
C 17y 66VE 0000\fANf ek_
Location of occurrence
e' /d1I �(otO S
Premise
N mien izeA
Occurred
Between
Date Q'
t o// 4 t 0
-r Day
t
Time
10 30
Date and Time Reported
I4)/Ib(og g 3o NHS.
Beat/RD
2
and
Date
Day
Time
Driver's
License
I1. REPORTING PARTY 0 VICTIM OWNER RIO SUBJECT 0
Last Name First Name Middle
fliniG 0(-13oNrG
Race
A
Sex
F
Birthdate (Mo/Day/Year)
--)1
Residence Address City State Zip Code
Res
Cell
Bu iness Add ess or Schoo Attended City State Zip Code
A nr Ar u�U �,7u,Q.L
6 H\)(1/ (L pl�ao►A lA
B �f4S 4q5
.K
II. REPORTING PARTY VICTIM 0 OWNBR'O RIO SUBJECT
Driver's
License
Last Name First Name Middle
Race
Sex
Birthdate (Mo/Day/Vear)
Residence Address City State Zip Code
Res
CeII
Business Address or School Attended City State Zip Code
Bus
ARCADIA POLICE DEPARTMENT
INCIDENT REPORT
OS C I 3
For Agency Use Only
Case No.
III. VEHICLE INFORMATION I
Year, Make, Model, Style, Color, License Plate w/State
Suspect Vehicle Victim Vehicle Other Involved Vehicle
IV. PROPERTY DESCRIPTION
Article/Make
Model Number
Serial Number
Color Lost/Stolen/Damaged /Found
Value
1.
2.
3.
4.
5.
Property Continuation Page
Total
Value:
Page of
ottlper an I� D -A 2136
(cr /61
Supems Pj t tTO''
ARCADIA POLICE DEPARTMENT
INCIDENT REPORT NARRATIVE
For Agency Use Only
Case No.
Off icer a�ID_
Da
I D P0g
Supervisor and ID
Date
Page of
10/28/08
08 -5297
On 10/16/08, at 1830 hrs, Officer Orswell and I, along with representatives from
Arcadia Fire Department, Arcadia Code Enforcement and Arcadia Building
Department, inspected Asiana Acupuncture, 149 E. Huntington Dr, Arcadia. We
talked to Jinhjong Ding, owner. Present were Massage Therapists Jin Ping
Ding and Rui Cai who both had valid licenses along with Jinhjong Ding.
This was a follow up inspection from our visit on 7/08/08. Our purpose was to
check to see if the previous violations had been corrected. We found that the
only violation not corrected was that they did not have a roster of employees.
See attachments from Arcadia Police Department. A copy was given to Ding,
owner.
Jill Perumean, Arcadia Fire Department, inspected the location and found the
following violations: service fire extinguisher annually, discontinue use of
extension cords, do not plug surge protectors into one another -plug each one
directly into wall outlet. In addition, pictures of the violations are attached. The
violations must be corrected within 14 days or by 11/16/08. A copy was given to
Ding, owner.
Terry Moore Korse, Arcadia Code Enforcement and Jeff Wang, Building
Inspector, found the following violations: AMC 6211, no person shall engage in
business without a business license issued by the City of Arcadia, AMC 6418.3,
Permissible Massage Therapy Business Activities, AMC 6418.5, Hours of
Operation, AMC 6418.19(C), clothing shall be similar to uniforms worn in medical
offices, AMC 6418.19 (L), building permits shall be installed under permit and
installed in accordance with the applicable provisions of the building and
construction codes adopted by the City of Arcadia, AMC 6418.19(M), One
permanently installed soap dispense and one single serviced towel dispenser
shall be provided at the restroom hand wash sink, AMC 6418.19 (T) provide
roster of employees, AMC 9405.1, any condition in violation of the Arcadia
Municipal Code. These violations must be corrected by 11/15/08. A copy to Ding,
owner.
Reports from Arcadia Fire, Code Enforcement and Building Inspector are
attached.
Date
0S 59`1
Name of Business 4 S (1-1- Al a u PthucrE '5
Responsible Person J I J (-tax,. I N 6g Address E x ('f -tm)-rj 0 7✓c-
Telephone Number (97—(a 4A4 4 t
6418.19. OPERATIONS. ax) Nock
(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 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.
(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.
(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
no sums shall be charged for such services other than those posted.
(S) Notices. The following notice shall be conspicuously posted in a location-within the business where
massage 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 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 immediately for inspection by the City regulatory officials upon demand at all
reasonable times.
(U) 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.
6418.19
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6418.19. OPERATIONS.
4
ARTICLE VI BUSINESSES, PROFESSIONS, TRADES AND OCCUPATIONS
PART 1 ENTERTAINMENT ENTERPRISES
7 6 pAt niol, nw, Quiklcro(Z
D *30\
418.19.0 RATIONS. r
(A) Identification Cards. Each massage therapist shall all times have in his or her possession
the Massage Therapist Identification Card required by his 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 wom 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.
(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.
(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.
Page 1 of 2
htto:/ /municipal codes.lexisnexis.com /codes acadia/ DATA/TITLE06/PART_1 _ENTERT... 7/1/2008
64 8.19. OPERATIONS.
IUN S.
(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 no sums shall be charged for such services other than those
posted.
(S) Notices. The following notice shall be conspicuously posted in a location Within the business
where massage therapy services are performed that is easily visible to anywperson 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 FOR PERIODIC INSPECTION TO INSURE OUR
PROFESSIONALISM.
oster of Employees. The business owner and /or operator shall maintain a register of all
age therapists and employees, showing the name, nicknames and aliases used by the
ssage 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 immediately for inspection by the City regulatory officials
n demand at all reasonable times.
ecords of Treatment. The business owner and /or operator shall keep a record of the dates
ours of each treatment or service, the name and address of the patron, the name of the
ssage 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
_previous 1 next»
Page 2 of 2
http:// municipalcodes .lexisnexis.com/codes /arcadia/ DATA/TITLE06/PART 1 ENTERT... 7/1/2008
No violations noted (NVN) Thank you for your cooperation with the Arcadia Fire Department during your Fire and Lite Safety
Inspection
X 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 clarrtication of the items noted please refer to the comments section
ELF T+~",:4
Improper use of zip cords or extension cords 605 5
Improper use of multi -plug outlets 605 4
Electrical panel access ti05 3
Correct electrical hazard 605 1
C." 4 1='E: r.
Service portable fire extinguisherist 906 2
Fire extinguisherts I required 906 1
Fire extinguisherisl 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
t Pit hi, it l l r +N'
Fire resistive construction 703 1
Fire assembly testing and maintenance 703 4
Improper storage of combustible materials 315 2
No storage allowed in boiler /mechanical/electrical rooms 315 2 3
Improper use of combustible decorative material 807
Combustible vegetation 304 1 2
h! •a t t rill h r
Address numbers 505 1
Knox Box required 506 1
Secure compressed gas cylinders tanks containers 3003 5
1)
_Do
At. mid
COMMENTS
Inspector s Name
ARCADIA FIRE DEPARTMENT
FIRE PREVENTION BUREAU
710 SOUTH SANTA ANITA AVENUE
ARCADIA, CA 91006
(626) 574 -5104 (626) 445 -1819 FAX
Contact Person Signature &tt
Z
3
FPB 101
_ff,Aftehte_ft pv
1 Ilr••i+e ;;r,lr �r !`•t;l +)tl filar 1 fr ■'hir lit• �!.rr•�..+I
c�Q-
ID# Comp
Date
DBA 45 ft oh L Ac u tt nt fart.
/e I( E 44h14 DAie
Business Address
OCCY#
E, F E L 'iRf h ,y,
Exit obstruction 1028 3
Aisle obstruction 1014 4
Exit doors operation 1008 1 h
Exit door locking devices 1008 1 8 3
Corridor obstruction 10 3
Stairway obstruction 1028 3
Exit sign !IlummaUOn 1011 2
Exit signs required two or more exits 1011 1
Emergency backup exit lighting 1027 5
Permit required App 1 105 1
Extreme hazard App i 110 1
0 Other hazards
1'r
Captain s ID#
You are hereby notified to correct the items checked above within 14 days, or prior to /1
A re inspection will be held on or after this date at no charge A reinspection fee may be assessed and billed by thi
City of Arcadia if corrections are not made prior to this re- inspection and a subsequent re- inspection is necessary
Date /0 /6_03_
City of
Arcadia
Development
Services
Department
lasoa Kruckeberg
Dcrclopn ent Scrums
Director
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574 -5414
(626) 447 -3309 Fax
October 20, 2008
Jinhjong Ding
Asiana Acupuncture
149 East Huntington Drive
Arcadia, Ca 91006
Subject Property: 149 East Huntington Drive, Arcadia, CA
Dear Business Owner:
During an inspection on October 16, 2008 it was noted that the business located at
the subject property is maintained in violation of the following Arcadia Municipal
Code, Sections:
6418.3
6418.5
6418.19(C)
641819(L)
6211 No person shall engage in business in the City of
Arcadia without a City of Arcadia Business License.
Permissible Massage Therapy Business Activities
Hours of Operation
Clothing shall be similar to uniforms worn in medical
offices.
Building Permits shall be installed under permit and
6418.19(M)
6418.19(T)
9405.1
Installed in accordance with the applicable provisions of
the building and construction codes adopted by the City
of Arcadia
One permanently installed soap dispenser and one
single service towel dispenser shall be provided at the
restroom hand wash sink.
Provide roster of employees
Any condition in violation of the Arcadia Municipal
Code
To comply with the code you shall:
Make sure all massage therapists are licensed to operate on your
premises and there should be no more than two massage
therapist on premises at one time.
You should provide our office with a floor plan of the business
indicating which activities are performed in each room of the
business.
Provide us with a copy of your roster of all employees or
independent contractors along with copies of their Massage
Therapist ID card.
Jinhong Ding -2 October 20, 2008
Asiana Acupuncture
Employees should be dressed in attire similar to uniforms worn
in medical offices.
Provide permanent installed soap and towel dispensers in the
restroom.
Provide permits for washer and dryer. Repair electrical outlet
next to dryer.
Provide building permits for the walls dividing each space,
along with sinks, and showers Located on premises.
Return restroom located in rear next to dryer back to a restroom.
Make sure the plans approved by Planning match the layout of
the premises.
If the premises have been altered without obtaining permits then you shall return
the property back to its original condition or apply for permit with Building
Services. Building Services may be contacted at (626) 574 -5416. Planning
Services may be reached at (626) 574-5423. Correct all items by November 15,
2008. Failure to comply in the time given will result in further action from this
office.
Should you have any other questions or concerns regarding this matter please
contact me at. (626) 574 -5436 (office), (626) 688 -6266 (cell phone) or
tmoore(cLarcadia.ca.us. City Hall is closed on alternate Fridays and will be
closed on Friday, October 24, 2008.
Thank you for your cooperation in this matter.
Sincerely,
Terry Moore -Korse
Code Services Officer
c: Building Services
Business License Services
Planning Services
Police Department
Firm Asiana Acupuncture
Account 048960
Fine
Finn (Addl)
Street
City
Location
Man (Add9)
Mail Addr
Mall City
D es. Sate
Ownership
Last Rea Update
Asians Acupuncture
149 E Huntington Dr
Arcadia, CA 91006
Inside
1710 S 5th Ave, EC
Monrovia, CA 91016
Masaag./Day Spa/Acupuncture
Sole Proprietorship
10/14/2008 ly
Loo. Typo Commercial
SID Area
Oeo Area
Insp. Area
S us. status
Liu. Status
Aunt Ne
License
Phone
Alt Phone
Start Date
Close Date
S ID Rate
Insp. Status
Active
Active
048960
048960
(626) 451 -4451
05/13/2008
Fire Inspection
Owner 1 JMhong Ding
License Issued
Unease Expires
NAIL Code
S IC Code
Sus Type
APN
SEAN
05/13/2008
04/30/2009
8040002 Acupuncturists, Except M.O.: Offices Of
50 HEALTH SERVICES
Summary Screen
Title Owner
Application New Application
Renewal Annual (end of 12 months)
FEIN
SEIN
Phone
Mailing List
Special Cond
(626) 841 -9028
True
Yes
Fax Number (626) 462.9892
State Us No
NAIC Cods
SIC Cede
S us Type
Lis Descript
Import/Report
APN
S EAN
•Man
TYp•
8049002 Acupuncturists, Eaccapt M.D.: Offices Of
80 HEALTH SERVICES
Additional Information
FEIN
MEN
Website
Repines
Mailing Ust
Special Cond
True
Yea
Owner Ding, Jinhong
street 1710 S 5th Ave, IBC
City Monrovia, CA 91016
Start Date 05/13/2008 owner status Active
Ind Data Date of Birth
Owner Information
Sus Owner
Prop Owner
Title
Drive 1.1a.
SBN
Phone
Phone 5
Owner
D6485042
517-39-4779
(626) 841.9028
ASIANA ACUPUNCTURE, LIRE` 149 .L' r HUN l:ING ON
urge protectors
Extension cords and illegal use of
Front view
Service fire extinguisher
SUPPLEMENTAL
MISC. CODE SECTIO Q
MISC. CITY ORD.
L OCATION OF INCIDENT
149 E HUNTINGTON DR, ARCADIA
SEE ATTACHED SUPPLEMENTAL REPORT.
CASE N
0805297
OFFICER'S NAME
DALEO, M.
ARCADIA POLICE DEPARTMENT
NARRATIVE
ID NUMBER
2136
DATE
12/22/2008
SUPERVISOR REVIEW
ID NUMBER i DATE
PAGE 1
CODE SECTION
MISC. CITY ORD.
1-1N
SUPPLEMENTAL
ARCADIA POLICE DEPARTMENT
INVOLVED PARTIES
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
DING, JINH JONG
RACE M
A
ADDRESS
BUSINESS NAME SCHOOL NAME AND ADDRESS
149 E. HUNTINGTON DR., ARCADIA
DOB
PHONE
PHONE
(626) 445-4451
I CASE W
0805297
AGE I HT
HAIR
DL NUMBER
EYES
STATE
OCCUPATION I SSN
NAME INFORMATION NON DISCLOSURE JUVENILE
ID NUMBER
2136
DATE
12/22/2008
SUPERVISOR REVIEW
ID NUMBER
DATE
PAGE 2
OFFICER'S NAME
DALEO, M.
Type of Incident n dik
�7/ c C�1 �I�V l I't�i i6
Location of Occurrence
I yci E', ��71 N to'tJ/J DR-
e
Premise
�1 t.R�
Occurred
on/or
Between
and b
Date
f 2 /1 Dv
Day
1 i'J1/g.-
Time
t 060
Date and Ti e Reported
12 A I l g Oa 1}e-S
Beat/
1 1
Date
Day
Time
Last Name First Name
Middle
Supervisor and ID
D, CAPUTO 33O
Race
Sex
Birthdate (Mo /Day/Year)
Residence Address
City
State
Zip Code
Res
Cell
Business Address or School Attended
City
State
Zip Code
Bus#
Officer and ID
iti .1� z l' 5
Date
1 s
Supervisor and ID
D, CAPUTO 33O
Date r
1 0i
ARCADIA POLICE DEPARTMENT
Incident Report
1. Type, Location, and Time of Incident
II. Reporting Party Victim Owner RIO Subject
Driver's License
Last Name
First Name
Din t& Jinn -Li brJ,
Residence Address City
Middle
State Zip Code
Race
A
Business Address or School Attended City State Zip Code.
Sex Birthdate (Mo /Day/Year)
F
Res
call
Bus
e 177d 44� -44� I
11. Reporting Party Victim Owner RIO Subject 1 Driver's License
For Agency Use Only
C 5 2M 1
III. Vehicle Information
Year, Make, Model, Style, Color, License Plate w /State
Suspect Vehicle Victim Vehicle Other involved Vehicle j
IV. Property Description
Article /Make Model Number
Serial Number Color
Lost/Stolen /Damaged /Found
Value
2
3.
4,
5
0 Property Continuation Page
Total Value:
ARCADIA POLICE DEPARTMENT
Incident Report
1. Type, Location, and Time of Incident
II. Reporting Party Victim Owner RIO Subject
Driver's License
Last Name
First Name
Din t& Jinn -Li brJ,
Residence Address City
Middle
State Zip Code
Race
A
Business Address or School Attended City State Zip Code.
Sex Birthdate (Mo /Day/Year)
F
Res
call
Bus
e 177d 44� -44� I
11. Reporting Party Victim Owner RIO Subject 1 Driver's License
For Agency Use Only
C 5 2M 1
III. Vehicle Information
Year, Make, Model, Style, Color, License Plate w /State
Suspect Vehicle Victim Vehicle Other involved Vehicle j
ARCADIA POLICE DEPARTMENT
I ncident Report Narrative
Officer and ID
A CI& Z 3�
Date
Z1f2 g
Supervisor and ID
For Agency Use Only
Gee No, 66_52 4 ,,7
Date
12/22/08
08 -5297
On 12/11/08, at 1800 hrs, Officer Orswell and I, along with representatives from
Arcadia Fire Department and Arcadia Code Enforcement, inspected Asiana
Acupuncture, 149 E. Huntington Dr, Arcadia. We talked to Ding, Jinhjong, Co-
Owner. John Lo, Arcadia Police Department Volunteer in Patrol was used as a
translator.
This was a follow up visit to 10/02/08. Our purpose was to check to see if
previous violations had been corrected. We found the following violation not
corrected: records of treatment. Ding said that her partner, a doctor, has records
of treatment from past six months. The records are not at this location. See
attachment from Arcadia Police Department. A copy was given to Ding.
Jill Perumean, Arcadia Fire Department, inspected the location and found all
previous violations corrected. A copy was given to Ding. r.
Terry Moore Korse, Arcadia Code Enforcement, found the following violations still
in violation: shower in employee restroom had not been moved, no permit for
washer and dryer, need to wear uniforms, lighted open sign has movement, card
says open to 9:30 massage operations should cease at 9:00 p.m. A copy of the
inspection report will be mailed ,.to Ding.
Reports from Arcadia Fire and Code Enforcement are attached.
Date VZI)
Name of Business
:(IiivA -Pau P3xtua6
Responsible Person J I N G -)0 kvr I 61 Address 1 49 e. tVL)? P 6.1 1(,
Telephone Number t 'S
6418.19. OPERATIONS. 2 MOs- 5 r Per S►Y
��to�► T ltS VDT f}7 3�S►n►(1S
(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 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.
(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.
(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
no sums shall be charged for such services other than those posted.
(S) Notices. The following notice shall be conspicuously posted in a location within the business where
massage 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 FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM.
(T) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists
and 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 immediately for inspection by the City regulatory officials upon demand at all
r�conable times.
„cords of Treatment. The business owner and/or operator shall keep a record of the dates and hours of
reatment 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
1
FIRE PROTECTION SYSTEMS
Service portable fire extinguisher(s) 906,2
Fire extinguisher(s) required 906.1
Fire extinguisher(s) mounting required 906
Fire sprinkler 5 year certification required 901.6.1
Fire sprinkler system maintenance required 901.6
Fire alarm system maintenance required 9 1.6
Hood and Duct fire system service requir 901.6
Hood and Duct system cleaning required 901.6
HOUSEKEEPING VIOLATIONS
Fire resistive construction 703 1
Fire assembly testing and maintenance 70
Improper storage of combustible materials
No storage allowed in boiler /mechanical/ele
Improper use of combustible decorative mat
Combustible vegetation 304 1 2
GENERAL. REQUIREMENTS
Address numbers 505.1
Knox -Box required 506.1
Secure compressed ga
CO
3)
otto Uait
No violations noted (NVN). Thank y
Inspection
X Your attention is directed to the item
Life Safety Requirements. For clarrfi
Contact Person Signa
Inspector's Name:
rs, tanks,
You are hereby notified to correct the it
A re- inspection will be held on or afte
City of Arcadia if corrections are not ma
have read this statement and unde
ARCADIA FIRE DEPARTMENT
FIRE PREVENTION BUREAU
10 SOUTH SANTAANITAAVENUE
ARCADIA, CA 91006
6) 574 -5104 (626) 445 -1819 FAX
OCCY*
for your cooperation with the Arcadia Fire Department during your Fire and Life Safety
checked below These violations must be corrected in order to meet minimum Fire and
tion of the items noted, please refer to the comments section,
.4
15.2
deal rooms 315.2 3
nal 807
tainers 3003.5
2. pl y
3
O
a d additiona re- inspections are necessary.
x/11. D
Business Address
0-16 O
Date
DBA. Hung 4cr.iiich'te
Pi E141,/04J},ve
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 6051
EXIT REQUIREMENTS
Exit obstruction 1028,3
Aisle obstruction 1014.4
Exit doors operation 1008.1 8
Exit door 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 -10275
SPECIAL HAZARDS
Permit required App 1 105.1
Extreme hazard App 1 110.1
Other hazards
s checked above within 14 days, or prior to
this date at no charge. A reinspection fee may be assessed and billed by thi
e prior to this re- inspection and a subsequent re- inspection is necessary
tand that a fee may be charged if corrections are not made in a timely manner
Date: 1016 'og
ID#: ;0 Company: Captain's ID#:
FPB 101
DATE: December 11, 2008
TO: Mike Daleo
FROM Terry Moore -Korse
SUBJECT: Second inspection on December 12, 2008 of premises located at
149 Huntington Drive, Arcadia, Ca
On December 11, 2008,1 inspected the subject business.
I found the following items that need to be. corrected.
Shower in employee restroom had not been removed.
No permit for washer and dryer.
Need to wear uniforms.
Lighted Open sign has movement
Card says open to 9:30 massage operations should cease at 9:00 p.m.
MEMORANDUM
Development Services Department
A letter will be sent to owner of business to comply with the Arcadia Municipal Code.
Location'of Occurrence
I E {�U /V IKA -'o N
Premise
(v�'tYl1 '.1.2-414-1--j
Occurred
Nor
o Between
Date
L�- I Z l I(J9
Day
Ng
Time
lq3c
Date and Time Reported ,,tt
4l�1 1 0ci 16136 Htg,
Beat/RD
1
and L;,
Date
Day
Time
IV. PROPERTY DESCRIPTION
Article /Make Model Number Serial Number Color Lost/Stolen/Damaged/Found Value
1.
2.
3.
4.
5.
Property Continuation Page
Total
Value:
Officer and ID
A„. -213'5
Date
o5 09
Supervisor and ID
Date
kRCADIA POLICE DEPARTMENT
NCIDENT REPORT
1. TYPE, LOCATION AND TIME OF INCIDENT
Type of Incident
dabituivog
II. REPORTING PARTY VICTIM OWNER R/O SUBJECT
Driver's
License
Race
Sex
E
Birthdate (Mo /Day/Year)
Res
Cell
B
u —4 S
Last Name
Residence Address
Last Name
Residence Address
I11. VEHICLE INFORMATION I
First Name
JvNU
City
B sine nil ress or School Att nded u gity State Zip Code
E 14-um -thNU ?v,J Af.Cik71Q CA
II. REPORTING PARTY❑ VICTIM❑ OWNER' IN R/O❑ SUBJECT I.
First Name
City
Business Address or School Attended City
Middle
Middle
State Zip Code
State Zip Code
State Zip Code
For Agency Use Only
Case No.
U Z°J-
Driver's
License
Race
Sex
Birthdate (Mo/Day/Year)
Res if
Cell
Bus
Year, Make, Model, Style, Color, License Plate w /State
Suspect Vehicle Victim Vehicle Other Involved Vehicle
nF
ARCADIA POLICE DEPARTMENT
INCIDENT REPORT NARRATIVE
Officer and ID
213
A TA- Cv
c
Supervisor a
For Agency Use Only
Case No.
thW
05/19/09
08 -5297
On 4/21/09, at 1930 hrs, Officer Orswell and I inspected Asiana Acupuncture,
149 E. Huntington Dr, Arcadia. We talked to Ding, Jinhjong, Co- Owner. John Lo,
Arcadia Police Department Volunteer in Patrol was used as a translator.
This was a follow up visit to 12/11/08. Our purpose was to check to see if
previous violations had been corrected. We found all violations corrected.
Arcadia Fire Dept and Code Enforcement were not present during this inspection.
Additional Information
Dr. Luke Young in the Acupuncturist at this location. He got his license today.
They are open seven days a week.
Acupuncture services are $60 per hour and Massages are $50 per hour.
Acupuncture accounts for 50% of their business and Massages the other 50
Massage Therapists -Zhi Wen Qu (MT 08107) AND Zhao Qiin Bu (MT0896) -have
current licenses.
M D1 4_ 1
'Date
x
'tResponsible Person its It 0(7 Address
Name of Business
k:›‘10iNia fiC P -Nc.Y v 7
IL{ g 6 t—"lril oJ&-, u J
Telephone Number 67-1 144 44-4 S
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 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.
(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.
(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
no sums shall be charged for such services other than those posted.
(S) Notices. The following notice shall be conspicuously posted in a locatiorrwithin the business where
massage 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 FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM.
(T) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists
and 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 immediately for inspection by the City regulatory officials upon demand at all
reasonable times.
(U) 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.
6418.19
Massage Therapy Business Activities
Primary Business I A cupuncture Medical Office
Day Salon or Spa Chiropractor
Physical Therapist Other
Name of Medical Professional or Business Owner
L A\ y >J IOU P *C Present at time of inspection Yes
Telephone Number 6.2 Li' S LT No
Scheduled Hours at Location
Primary Business Massage Therapy
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Percentage of Income Sources
Primary Business p thA Massage Therapy 0c:
bO 1)
Hourly Rate
Primary Business Massage Therapy 60/ i
Massage Therapists Present at the time of the Inspection
Name MT ID
2t4-■ kiY J QL MTDt
11-f ROQ ok) ocbcY,
CODE SECTION
MISC. CITY ORD.
151
SUPPLEMENTAL
LOCATION OF INCIDENT
149 E HUNTINGTON DR, ARCADIA
SEE ORIGINAL SUPPLEMENTAL REPORT.
ARCADIA POLICE DEPARTMENT
NARRATIVE
CASE M
0805297
OFFICERS NAME 1
ID NUMBER DATE SUPERVISOR REVIEW I 376 12/02/2009 ID NUMBER DATE
PAGE 1
DALEO, M. 1 2136 12/01/2009 LE VEQUE, T. 1
CODE SECTION
MISC. CITY ORD.
1 -1N
s
SUPPLEMENTAL
ARCADIA POLICE DEPARTMENT
INVOLVED PARTIES
1 CASE M
0805297
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
DING, JINH JONG
RACE M
A
I©
ADDRESS
BUSINESS NAME SCHOOL NAME AND ADDRESS
ASIANA ACCUPUNTURE, 149 E. HUNTINGTON DR., ARCADIA
NAME INFORMATION: D NON DISCLOSURE LI JUVENILE
DOB
PHONE
PHONE
(828) 445-4461
AGE HT
1 WT
HAIR
DL NUMBER
OCCUPATION
EYES
STATE
SSN
1
OFFICERS NAME
DALEO, M.
1 ID NUMBER DATE SUPERVISOR REVIEW
2136 12/01/2009 1 LE VEQUE, T.
ID NUMBER
378
DATE
12/02/2009
PAGE 2
;CADIA POLICE DEPARTMENT
CIDENT REPORT
TYPE, LOCATION AND TIME OF INCIDENT
pe of Incident
Occurred
onlor c
Between
Date
10136 leYi
Time
tao
of Occurrence
First Name
Residence Address City
Business Address or School Attended City
1I1. VEHICLE INFORMATION
IV. PROPERTY DESCRIPTION
Beat/RD
State Zip Code
Driver's
License
Cell
State Zip Code
State Zip Code
Cell
icado
ast Name
ate and Time Reported
(D S dc1 (2L
II. REPORTING PARTY VICTIM OWNER /O SUBJECT
First Name Middle
Residence Address
W
Cal)
Business Address or School Attend �Ity
N�1 VQv
L I -Oct /✓L70
IL RE ORTING,PARM❑ W+N'
VIC#tMiO' OERAI O
M
Last Name
SUBJ.ECT:°
Year Make, Model, Style, Color, License Plate.w /State
1.
2.
3.
4.
5.
Article /Make
Officer U ID It
1A4 nw/uL "21 7 35
I \16R
City State Zip Code
'Model Number
For Agepcy Use'Only
Case No.
Suspect Vehicle Victim Vehicle Other Involved Vehicle
Serial Number Color Lost/Stolen/Damaged/Found Value
Property Continuation
Total
Value:
Page o
CADIA POLICE. DEPARTMENT
;IDENT REPORT NARRATIVE
12/01/09
08 -5297
On 10/30/09, at 1240 hrs, Officer Orswell and I, along with Terry Moore, Code
Enforcement, and Jeff Wang, Arcadia Building Department, inspected Asiana
Acupuncture, 149 E. Huntington Dr, Arcadia. We talked to Ding, Jinhjong, Co-
Owner. Jeff Wang acted as interpreter.
This was a follow up visit to 4/21/09. Our purpose was to check to see if previous
violations had been corrected. We found the following violations: No records of
treatment -no address, no medical history. All records examined were
incomplete. No record of treatment for customers that was in rooms B C
receiving treatment.
Jill Perumean, Arcadia Fire Department was not present during this inspection
but inspected this location on 10 -16 -09 and found the following: service fire
extinguisher, discontinue use of extension cords, do not plug surge protectors
into one another -plug each one directly into wall outlet.' `Jill returned on 12 -11 -09
and found all violations corrected. See attached report.
Terry Moore -Korse documented the following in the attached report:
On October 30, 2009 I inspected the subject business. There was no Acupuncturist at the facility when
we arrived for an inspection of the facility. The owner of the business was present at time of inspection.
The owner still has incomplete records for records of treatment. There was no Acupuncturist at time of
inspection and they had two customers at time of inspection. Acupuncturist arrived later because of car
trouble. The massage therapists have to wear uniforms and there is a shower that has not been removed.
A letter making it clear that Acupuncturist has to be present at the place of business when massages are
being performed is being mailed to the business owner.
The owner of this business has obtained all licenses necessary to run her business. There was a problem
that has been worked out and this business complies with the code. The business owner submitted plans
to the City of Arcadia to add remove a restroom and add a shower to the facility. The shower at the
facility has been approved, for a permit and the business owner will need about two months to redo the
shower according to the plans submitted to the City. On Monday November 2, 2009 the Acupuncturist I
met at the property on October 30, 2009 came in and closed the license at that location. On November
5, 2009 the business owner has replaced the old Acupuncturist with a new Acupuncturist.
Additional Information
Our first visit was at 1240 hrs. We returned at 1355 to meet with the
Acupuncturist, Dr. Yang (626- 272 3639). Yang stated he did not have records of
treatment for the two clients who were present at 1240 hrs when we first visited.
Yang said it is very difficult to get clients to fill out information.
Li Hua Su, massage therapist, was present (MT 07121- renewed 9/16/09.
Their business is split 50 -50 between massages and acupuncture. Massage is
$40 per hour and acupuncture is $50 per hour.
.101 Q 4 e
I rInc,-
Date k0
Responsible Person J' co 6,
0 545 yt tJ
Telephone Number
Name of Business
1 Hoo\ Da,
Address
5Z4 `-Ns \.1/4 \-1/4 c
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 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.
(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.
(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
no sums shall be charged for such services other than those posted.
(S) Notices. The following notice shall be conspicuously posted in a location within the business where
massage 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 FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM.
(T) Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists
and 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 immediately for inspection by the City regulatory officials upon demand at all
re 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 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. w0 (DV1 MC/f0 t
6418.19 I\ �s�. ,,r —CDO Cn6 l 0q4) r r owe A
r1,64,0 /1.t D 6
1 u'� v 1 N ci CUB`' 4L c'
M'Tl 1�
Massage Therapy Business Activities
Primary Business KAcupuncture
Day Salon or Spa
Physical Therapist
Name of Medical Professional or Business Owner
J6$1 1 Pc9-6.) Lv v..l j
Telephone Number lo (D 363'21
Scheduled Hours at Location
Primary Business
Monday
Tuesday
Wednesday
Thursday
O Friday
Saturday
O Sunday
Percentage of Income Sources
Primary Business 50%
Hourly Rate
Primary Business 4 '5 D l r
"(t-•
Medical Office
Chiropractor
Other
Present
Massage Therapy
-ct
Massage Therapy
Massage Therapy
Massage Therapists Present at the time of the Inspection
Name MT ID
mr-D111.1 10/
at time of inspection? Yes
KNo
St t24o 1-w
7 755 i-62S
P.sJ6-
tt-c n D c k N� hA
(241.&01)05 viA5-0-7yvvam-
Fait_ tWo eA,( S
w i� 214ol.f,
y L uea (-r i W
01)///)0ch
No violations noted (NVN). Thank yc for your cooperation w
Inspection.
Your attention is directed to the item checked below. These
Lite Safety Requirements. For clarif tion of the items noted,
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 901.6.1
Fire sprinkler system maintenance required
Fire alarm system maintenance required 9
Hood and Duct fire system service requirec.
Hood and Duct system cleaning required
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 boiler /mechanical /electrical rooms 315.2.3
Improper use of combustible decorative material 807
Combustible vegetation 304.1.2
GENERAL REQUIREMENTS
Address numbers 505.1
KnoxBox required 506.1
Secure compressed ga
ARCADIA FIRE DEPARTMENT
FIRE PREVENTION BUREAU
10 SOUTH SANTAANITAAVENUE
ARCADIA, CA 91006
26) 574 -5104 (626) 445 -1819 FAX
901.6
1.6
901 .6
901.6
rs, tanks. containers 3003.5
FPB 101
/d /6 -0X
Date
DBA: A5la 1 1 kA411c11c
E. 4461 64
Business Address
J
OCCYff
ith the Arcadia Fire Department during your Fire and Life Safety
violations must be corrected in order to meet minimum Fire and
please refer to the comments section.
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
SPECIAL HAZARDS
O Permit required App 1 105.1
O Extreme hazard App 1 110.1
Other hazards
EXIT REQUIREMENTS
Exit obstruction 1028.3
Aisle obstruction 1014.4
Exit doors operation 1008.1.8
Exit door 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
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
a id additions re- inspections are necessary.
Contact Person Signature:
Inspector's Name:
421i14rtar` ID ODD S Company: Captain's ID
Date:
DATE: November 3, 2009
TO: Mike Daleo
FROM: Terry Moore -Korse
SUBJECT: Inspection on October 30, 2009 of premises located at
149 Arcadia, CA
to utVft n.16rio^j l
MEMORANDUM
Development Services Department
On October 30, 2009 I inspected the subject business. There was no Acupuncturist at the facility when
we arrived for an inspection of the facility. The owner of the business was present at time of inspection.
The owner still has incomplete records for records of treatment. There was no Acupuncturist at time of
inspection and they had two customers at time of inspection. Acupuncturist arrived later because of car
trouble. The massage therapists have to wear uniforms and there is a shower that has not been removed.
A letter making it clear that Acupuncturist has to be present at the place of business when massages are
being performed is being mailed to the business owner.
The owner of this business has obtained all licenses necessary to run her business. There was a problem
that has been worked out and this business complies with the code. The business owner submitted plans
to the City of Arcadia to add remove a restroom and add a shower to the facility. The shower at the
facility has been approved for a permit and the business owner will need about two months to redo the
shower according to the plans submitted to the City. nd cclosed lae license at that Acupuncturist I November
met at the property on October 30, 2009 came
5, 2009 the business owner has replaced the old Acupuncturist with a new Acupuncturist.
ACADIA POLICE DEPARTMENT
iCIDENT REPORT
1. TYPE, LOCATION AND TIME OF INCIDENT
Premise
6f4Yrri &j
Beat/RD
ll
Occurred
onior EtIr
Between
and
Date
o. Z./a 51(
Date
Day
fie)
Day
Time
1030
Time
ype of Incident
C 11\i CIO OW/ r■r4f■rC -C
.ocatlon of Occurrence
1 1 C, rlur- rinrtl
Date and Time Reported
OZ(us' l c l 03 0 S
Driver's
License
Race
Sex
Birthdate (Mo/Day/Year)
Res
Cell
II. REPORTING PARTY VICTIM OWNER 0 R/O 0 SUBJECT 0
Last Name
First Name
Nis w GI.0 S 7
Residence Address City
Business Address or School Attended City
Middle
4 If'Uh 1 J(Toto of M-0--1
State Zip Code
State Zip Code
For Apengy Use Only
erase No.
ad
11r REPG14TtNVPARTIta VIC" IAI la OWNER!
I4
'SUBJECT 0,4
Last Name
First Name
_Middle
Residence Address
City
State Zip Code
Business Address or School Attended City
State Zip Code
Driverss'i
Ucense
Race
Sex
Birthdate (Mo/Day/Year)
Res
Cell
Bus
[I11. VEHICLE INFORMATION
Year, Make, Model, Style, Color, License Plate w /State
Suspect Vehicle Victim Vehicle Other involved Vehicle
P/. PROPERTY DESCRIPTION
Articie/Make
'Model Number Serial Number
Color Lost/Stolen/Damaged/Found
Value
1.
2.
3.
4.
6.
C
Property Continuation Pa
Total
Value:
Officer and ID
Date
D2 (-2-ti
Or
Page of
1CADIA POLICE DEPARTMENT
IDENT REPORT NARRATIVE
Officer and ID
Nit-06-N') -ZISS
A-r1Atikiv2
Date
D2-h2 h0
Supervisor and ID
For 71,9ency Use Only
Case No.
d
Date
Page of
02/22/2010
08 -5297
On 02/05/2010, at 1030 hrs, Officer Orswell and I, along with Terry Moore, Code
Enforcement, Jill Perumean, Fire Dept, Silva Vergel, Business License Officer,
and Jeff Wang, Arcadia Building Department, inspected Asiana Acupuncture, 149
E. Huntington Dr, Arcadia.
The location appeared to be closed so only Officer Orswell and I knocked on the
rear door. A young Asian male subject (possibly the owner's son mentioned
below) answered and said they were closed and that he was there to tell anyone
that walked up or called that they were closed and not open for business.
Terry Moore -Korse wrote the following: On February 1, 2010, Silva Vergel,
Business License Officer and I inspected the subject business. The
Acupuncturist for this facility has quit and this business is supposed to be closed
until the owner can obtain a new Acupuncturist for the facility. When we arrived
at the facility it was open for business and there was a customer getting a
massage at time of inspection. The owner is the only massage therapist licensed
at this location and she was not at the location at time of inspection. There were
many women at this location and they all left except the receptionist without
giving any information to staff. None of the women were wearing uniforms and
none was licensed at this location. The owner was cited for allowing massage at
this location without business licenses or massage ID cards for this location (see
attached citation). Before we left the receptionist asked the customer to leave
and closed the business. The owner's son came and spoke to us just before we
left the site and we explained that the owner is the only licensed massage
therapist at this location and no .other person is to give massages at this location.
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.
3z/71- /icy
DATE: February 10, 2010
TO: Mike Daleo
FROM: Terry Moore -Korse
SUBJECT:
Inspection on February 1, 2010 of premises located at
149 East Huntington Drive, Arcadia, CA
MEMORANDUM
Development Services Department
On February 1, 20I0 Silva Vergel Business License Officer and I inspected the subject business. The
Acupuncturist for this facility has quit and this business is supposed to be closed until the owner can
obtain a new Acupuncturist for the facility. When we arrived at the facility it place was open for
business and there was a customer getting a massage at time of inspection. The owner is the only
massage therapist at licensed at this location and she was not at the Iocation at time of inspection. There
were many women at this location and they all left except the receptionist without giving any
information to staff. None of the women were wearing uniforms and none was licensed at this Iocation.
The owner was cited for allowing massage at this location without business licenses or Massage ID
cards for this location. Before we Ieft the receptionist asked the customer to leave and closed the
business. The owners son came and spoke to us just before we left the site and we explained that the
owner is the only licensed massage therapist at this location and no other person is to give massages at
this location.
ADMINISTRATIVE CITATION
ATE �T�M!� E A.M. DAY OF WEEK Case
7 10 I N5:3b lP.M. S M T W T F S Q Repeat Offense
NAME FIRST, MIDO T).. MATER T
J n honcl
f1-c pctNC+&L'C
ADDRESS CITY STATE ZIP
1 L I 9 Nr i4i-Intf)l5i'n Or a rtaCK t ij
OWNER C- f f`-r C tre. p4 L f" '9
DRIVERS LICENSE NO. STATE CLASS D.O.B.
a 5 May'` Ltr
TENANT PHONE i ONMBt PHONFii 6 2 4 e 7 1 4./
,TEIM'NT WORK 0 OWNER WORK A!L:'i") i l l 5/
AN INSPECTION OF THE PROPERTY FOR WHICH YOU ARE RESPONSIBLE HAS
MIMED 1IEF U .LOWI!K' THE ARCADIA MUNICIPAL COCE
CODE
iN eu SI IV„cc. Na,•}ir (!C's 15►b 1007.GU
!o .7�(.) no n� 4.ca w 1,( -cx►+'C 1 t�Q.Ob
1240 Fciu �o tP1`/ tea
TOTAL FINE
COMMENTS
City of Arcadia
Development Services Department
Code Enforcement Section
240 West Huntington Drive t;
Arcadia, CA 91068 -6021 6
THE ABOVE SATED FINES) MUST BE FWD TO THE C r OF ARCIDIA WRNN THIRTY
3» DAYS FROM 111E DIME OF THIS =TIM FALIifETO RNY TIE ABOVE STATED
FINE(S) VIRIIN SAIDTHOiW (301 DAYS 1MI.L RESULT IN THE IMPOSITION OF LAZE PAY-
MENT CHARM COMARISED OF A 1O% DELINQUENCY MINTY AND P(TFREST
4112% PER MONTH
PAYMENT OF THE ABOVE SD■ED FINE(S) DOES N T EXQJSE OR DISCHARGE ANY
CONTINUATION OR REPENTED OCCURRENCE OF TIE CODE VIOL/MONTS) THAT E
(ARE) THE SURECT OF THIS CnxnoN. YOU ARE ICY CROWED 10 CEASE AND
DESIST RICO CONTINUING OR REPEATING THE CODE VIOLA'r10N(S) DESCRY N
IHIS CITATION.
Q VIOLATIONS NOT COMMITTED DECLARED ON INFORMATION AND BELIEF
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE
OF CALFORNIA THAT THE B 1 AHL�CORRECT
DATE al 21 10
‘g1 NNZe 1je
13261 574�I31.
ADDmoNAL INFORMATION ON BACK SIDE
oevaLoPmeNt SERINI SO LPAPfltlEMPAMONPRDRND adMCfJ
III. VEHICLE INFORMATION
First Name
State Zip Code
State Zip Code
Bi4,siness Address or School Attended City
kNi
lt:REPOIITtNG;PAFi7TY':Cl VICTfM;O OWN'ER R /o '•SU;BJEGTa1:
First Name .Middle
Last Name
Residence Address City
State Zip Code
Business Address or School Attended City
State Zip Code
RCADIA POLICE DEPARTMENT
4CIDENT REPORT
1. TYPE, LOCATION AND TIME OF INCIDENT
ype of Incident
CST c D�t�ll�NC
_ocation of Occurrence
(AUK 1
Date and Time Reported
1f1 6
lf, REPORTING PARTY 0 VICTIM OWNER 0 M O0 SUBJECT
Last Name
Ni City
Residence Address
Year, Make, Model, Style, Color, License Plate:w /State
1
2.
3.
4.
5.
Article/Make
Offic@r and la r21.4
Suspect Vehicle Victim Vehicle Other-Involved Vehicle
'Model Number Serial Number
Color Lost/Stolen/Damaged/Found Value
Date
Total
Value:
Property Continuation Page
I Date
Ad Supervisor a. I
5/18/2010
08 -5297
On 5/14/2010, at 1200 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 Asiana Acupuncture, 149
E. Huntington Dr, Arcadia. Jeff Wang acted as our interpreter. We talked to Jin
Hong Ding, Co- Owner.
This was a follow up visit from 02/05/2010 to see if previous violations had been
corrected. We found the following violations again: No sign at north entrance, no
roster of employees and incomplete records of treatment. A copy of our report
was given to Ding.
Jill Perumean reported that the Arcadia Fire Dept inspected this location on
3/22/2010 and did not find any violations. See attached report.
Terry Moore Korse, Code Enforcement, wrote the following: I inspected the
subject business to verify compliance of the Arcadia Municipal Code. The owner
who is only licensed massage therapist for this location and the Acupuncturist
were at the site at time of inspection. There were no noted violations at time of
inspection. Building Services did have some questions about the sauna but will
need to check the permit records
Additional Information provided by Ding
The Acupuncturist is Dr. Steve Shanhoun Lu.
Their hours are 1200 to 2100 hrs, seven days a week.
The percentage of business is 40% acupuncture and 60% massage.
Acupuncture is $40 -$50 per hour and massage is $40 -$50 per hour.
Ding's massage therapist license is MT10010 and expires on 2/2011.
*Z,135
5 it g /to
Date 6I‘ Ili
Responsible Person
Name of Business (Vi MW PO1U=C i
J 1 MU Pomy I N(1 Address 4
Telephone Number bUc I
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 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.
(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.
(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
age therapy services are performed that is easily visible to any person ente 'n the premises and in each
massage room or enclosure: K{j S
IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN
UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM.
otter of Employees. The business owner and/or operator shall maintain a register of all massage therapists
d 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 immediately for inspection by the City regulatory officials upon demand at all
r able times.
-cords 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 misdemeano r r 6418.19 f 7J U CU P 7'
Massage Therapy Business Activities
Primary Business acupuncture Medical Office
Day Salon or Spa Chiropractor
O Physical Therapist 0 Other
Name of Medical Professional or Business Owner J1 N t 1
-4 Present at time of inspection. es
Telephone Number 1)7 Tv
Scheduled Hours at Location
Primary Business
Monday t
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Percentage of Income Sources
Primary Business 4 t7b
Hourly Rate
Primary Business
Massage Therapy
1Z
Massage Therapy
4 an So
Massage Therapy
Massage Therapists Present at the time of the Inspection
Name MT ID
IQJ i V(1 bl1JL9 tDOtD t
No
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 901.6.1
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
GENERAL REQUIREMENTS
Address numbers 505.1
Knox Box required 506.1
Secure compressed gas cylinders, tanks, containers
COMMENTS:
Contact Person Signature:
Inspector's Name: i r
ARCADIA FIRE DEPARTMENT
FIRE PREVENTION BUREAU
710 SOUTH SANTAANITAAVENUE
ARCADIA, CA 91006
(626) 574 -5104 (626) 445 -1819 FAX
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 boilerlmechanicaUelectrical rooms 315.2.3
Improper use of combustible decorative material 807
Combustible vegetation 304.1.2
I D
FPB 101
0
Date:
DBA:
Business Address
OCCY#
Lp1 '"o 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
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 operation 1008.1.8
Exit door 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
3003.5
AJD YID /1 04e 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.
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.
Date: 3 -io
Company: Captain's ID
DATE: May 18, 2010
TO: Mike Daleo
FROM: Terry Moore -Korse
SUBJECT: Inspection on Friday May 14, 2010 of premises located at
149 East Huntington Drive, Arcadia
I inspected the subject business to verify compliance of the Arcadia Municipal Code. The owner who is
the only licensed massage therapist for this• location and the Acupuncturist were at the site at time of
inspection.
There were no noted violations at time of inspection. Building Services did have some questions about
the sauna but will need to check the permit records.
OFFICER'S NAME
ORSWELL, J.
ID NUMBER
2237
DATE
09/17/2010
SUPERVISOR REVIEW
ID NUMBER
DATE
PAGE 1
CODE SECTION
MISC. CITY ORD.
0
SUPPLEMENTAL
LOCATION OF INCIDENT
149 E HUNTINGTON DR, ARCADIA
ARCADIA POLICE DEPARTMENT
NARRATIVE
1
CASE
0805297
On September 14, 2010, at 1900 hrs, Reserve Police Officer Gar Richman and I, along with Fire Inspector Jill
Perumean of the Arcadia Fire Department; Terry Moore Korse, Code Services Officer of the Development Services
Department; Jeff Wang, Building Inspector, Bui (ding Division of the Development Services Department; and Silva
Vergel, Business License Officer of the Development Services Department inspected Asiana Acupuncture located at
149 East Huntington Drive. The purpose of the inspection was to verify the business is in compliance with the Arcadia
Municipal Code. Jeff Wang served as an interpreter, speaking English and Mandarin as required.
Upon our arrival, it was determined the facility was open for business. Officer Richman and I parked in the parking lot
north of Matt Denny's, which is the business on the adjacent property to the west. Inspectors Perumean and Wang and
Officers Moore -Korse and Vergel parked their city vehicle on Huntington Drive. As the four city officials entered the
facility from the south entrance facing Huntington Drive, three Asian females walked quickly out of the business through
the north entrance. One female went into the Drinkers' Hall of Fame, the adjacent business to the east, and was
followed by Officer Vergel. Officer Vergel asked the Asian female (later identified as IN Zhao) to return to the business
and she voluntarily complied. The other two females walked quickly to the alley to the north and turned west, followed
by Inspector Wang. Officer Richman and I stopped the two women (later identified as IN Zhou and IN Wang) and
asked them to return to the business and they voluntarily complied.
Once back inside the facility, the three women were asked for their identification and all three produced California
Driver Licenses and Zhou produced a California Massage Therapy Council License #12902, which expires in August
2012. None of the three possessed a valid business license or Massage Therapist Identification Card for the location.
In addition, none of the three women were wearing uniforms. Photographs of the three women were taken.
IN LU was contacted and he advised he conducts his business in one room and the massage therapists conduct their
business separately from him in other rooms. Dr. Lu stated he had only one customer in the month of September,
Ruben Garcia, and produced a medical treatment record for Garcia. Dr. Lu advised he doesn't know who the three
women are other than they were hired as massage therapists by LO Ding, the business owner. Dr. Lu stated he was
hired by Ding and he receives a salary and a commission for each customer. He advised the massage therapists do
not act under his supervision or orders.
At approximately 1920 hrs, LO Ding arrived at the business. Ding stated she was the owner of the business and that
she is the only licensed massage therapist for the location. She stated she was feeling sick and she called the three
women to come in and take care of the customers. She advised that she was aware that none of the women had valid
massage cards for the location but she needed the income for the business. Ding stated she tried to hire them legally
but the city would not issue any additional licenses for the location. She stated the three women were not employees
and did not get paid unless they treated customers. She said 50% of the business comes from massage customers
and 50% comes from the acupuncturist. She could not produce any records of treatment for the month of August 2010
and only one record for the month of September 2010 (Ruben Garcia). She stated the massage customers do not like
to fill out the forms.
Terry Moore Korse, Code Services Officer of the Development Services Department, prepared a summary
memorandum on the inspection and will be preparing Administrative Citations for the three unlicensed massage
therapists and the owner of the business.
CODE SECTION V SUPPLEMENTAL
MISC. CITY ORD.
ARCADIA POLICE DEPARTMENT
INVOLVED PARTIES
CASE
0805297
1 -IN
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
ZHOU, XINHUA
RACE
C
DOB
04/15/1960
AGE
48
HT
504
WT
110
HAIR
BLK
EYES
BRO
ADDRESS
608 E VALLY BL D293, SAN GABRIEL CA 91776
PHONE
(626) 205 -8058
DL NUMBER
D7709661
STATE
CA
BUSINESS NAME SCHOOL NAME AND ADDRESS
PHONE
OCCUPATION
MASSAGE
SSN
NAME INFORMATION: E NON DISCLOSURE JUVENILE
2 -IN
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
ZHAO, DECHUN
RACE
C
M
I F 1
DOB
02/28/1967
AGE
41
HT
507
WT
110
HAIR
BLK
EYES
BLK
ADDRESS
1005 E LAS TUNAS DR 343, SAN GABRIEL CA 91776
PHONE
DL NUMBER
D4964402
STATE
CA
BUSINESS NAME SCHOOL NAME AND ADDRESS
PHONE
OCCUPATION
MASSAGE
SSN
NAME INFORMATION: NON DISCLOSURE JUVENILE
3 -IN
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
WANG, YONGZHI
RACE
C
M
F
DOB
07/16/1967
AGE
41
HT
504
WT
120
HAIR
BLK
EYES
BLK
ADDRESS
514 W HUNTINGTON DR D, ARCADIA CA 91007
PHONE
DL NUMBER
D9152006
STATE
CA
BUSINESS NAME SCHOOL NAME AND ADDRESS
PHONE
OCCUPATION
MASSAGE
SSN
NAME INFORMATION: NON DISCLOSURE JUVENILE
4 -LO
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
DING, JINHONG
RACE
A
M
n
DOB
11/01/1968
AGE
39
HT
503
WT
154
HAIR
BLK
EYES
BRO
ADDRESS
121 E CHERRY AV, MONROVIA CA 91016
PHONE
(626) 841 -9028
DL NUMBER
D5485042
STATE
CA
BUSINESS NAME SCHOOL NAME AND ADDRESS
ASIANA ACUPUNCTURE, 149 E. HUNTINGTON DR
PHONE
(626) 445 -4451
OCCUPATION
MASSAGE
SSN
617 -39 -4779
NAME INFORMATION: NON DISCLOSURE JUVENILE
5 -IN
LAST, FIRST, MIDDLE (FIRM, IF BUSINESS)
LU, STEVE SHIAW -HONG
RACE
C
I I
DOB
AGE
HT
WT
HAIR
EYES
ADDRESS
PHONE
DL NUMBER
STATE
CA
BUSINESS NAME SCHOOL NAME AND ADDRESS
ASIANA ACUPUNCTURE, 149 E HUNTINGTON DR
PHONE
(626) 445 -4451
OCCUPATION
ACUPUNCTURIST
SSN
NAME INFORMATION: NON DISCLOSURE JUVENILE
OFFICERS NAME
ORSWELL, J.
ID NUMBER
2237
DATE
09/17/2010
SUPERVISOR REVIEW
ID NUMBER
DATE
PAGE 2
ARCADIA POLICE DEPARTMENT
Date 6 Time L ID
Responsible Person I- 4cst-
X
6418.20. OPERATIONS.
(I)
(J)
Name of Business
Address
Telephone Number
File o2)
P6( AAA
(A) dentification Cards. Each massage therapist shall at all times while on the massage therapy business
premises have in his or her possession either the Massage Therapist Identification Card required by this
Division or their Massage Certificate, a valid photo identification, and their City of Arcadia Massage
Verification Card. Such card and identification shall be provided to City regulatory officials upon
demand. Each owner and/or operator shall at all times while on the massage therapy business premises
have in his or her possession a copy of the Business License required by this Division and a valid photo
dentification. Such card and identification shall be provided to City regulatory officials upon demand.
'splay of License. Each owner or operator of a massage therapy business shall display the Business
icense Certificate issued pursuant to this Division in an open and conspicuous place on the business
premises where massage therapy services are performed.
lothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing
hall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall
Is
.1 .1 .i' s
provi e complete covering of the genital
(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.
(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.
Inspections and Searches. The business owner /operator, and massage therapist, as a condition to the
issuance of either each Business License or each Massage Therapist Identification Card, shall be deemed
to consent to the reasonable inspection of the business premises during regular business hours 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.
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) 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.
(N) 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.
(0) 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.
(P) 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 no sums shall be charged for such services other than those posted.
(Q) Notices. The following notice shall be conspicuously posted in a location within the business where
massage therapy services are performed that is easily visible to any person entering the premises and in
,massage
massage room or enclosure:
i h t 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.
Roster of Employees. The business owner and/or operator shall maintain a register of all massage
therapists and 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 immediately for inspection by the
City regulatory officials upon demand at all reasonable times.
(S) 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 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. MO !i 1 A bc (`e Au6oST —644.)-\
Primary Business Acupuncture
Day Salon or Spa
Physical Therapist
Name of Medical Professional or Business Owner
61✓ Present at time of inspection? Yes
Telephone Number 4 ic -,1
Scheduled Hours at Location
Primary Business
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
OAA94)
4 1 -0D
Percentage of Income Sources
Primary Business f j
Hourly Rate
d
Primary Business `10 6Q (t
Name
at- -u U 2 H F\o w U 1 t 11\9
Massage Therapy Business Activities
Massage Therapy
Medical Office
Chiropractor
Other
Massage Therapy
6 \Act wesN t -0
u-
4
Ut93
Massage Therapy J
Massage Therapists Present at the time of the Inspection
D J i'Z 1 4 u, 61 6 A j (_puk vu of IV
i
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5(1-1 4u
IN)
Ut Mb V RJ t- ES-632,c
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L
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c:
(.1(
tAiscr 1W- J5 Q
c 2 3 Fiatt5ODs
tOdC 66W'PtIl r) W L °4- J )t-c-1-6
11,7\AT
DATE: September 15, 2010
TO: Jack Orswell
FROM: Terry Moore -K se
SUBJECT: Inspection on September 14, 2010 of premises located at
149 West Huntington Drive, Arcadia, CA
MEMORANDUM
Development Services Department
The task force inspected the subject business for compliance of the AMC September 14, 2010. At time
of inspection the owner was not on site however, the .Acupuncturist, Steve Shaw Flong Lu was present.
Three massage therapists quickly exited out of the rear door as we entered the business. They ran into
staff at the rear of the building and returned to the location. The three therapists were Dechun Zhao,
Xhin Zhou, Yongzhi Wang. The three therapists did not have a business license or massage therapist
Identification card for this location. They were not wearing uniforms and informed us that they were
hired to work as massage therapists at this location.
Staff was already aware based on prior inspections that the only massage therapist for this location is the
owner of the business, Jing Hong Ding. Her business license as a massage therapist is to expire on
October 31, 2010. During the inspection she asked advice from the Business License Officer, Silva
Vergel, on whether she should renew her business license as a massage therapist in light of the
developing issues she has been having with the City regarding massage. She commented that she was
aware of the revocation of Business Licenses for other similar businesses offering massage.
While the inspection was being conducted the business owner, was contacted by the Acupuncturist. As
a result of the phone call she came to the site during the inspection and admitted she had hired the three
therapists. She was aware that they were not licensed and did not have massage ID cards for the
location. She told the taskforce that she had attempted to hire them legally but the Business License
Office would not issue licenses. She also indicated that she knew this was illegal but it was the cost of
doing business. She further stated that Massage is 50% of her business and when customers come in
and request a massage what is she supposed to do, turn them away? Citations will be issued to the
owner of the business and the three therapists.
Task Force
Terry Moore Korse, Code Services Officer
Jeff Wang, Building Inspector
Jill Perumean, Fire Inspector
Silva Vergel, Business License Officer
Jack Orswell, Reserve Police Officer
Gar Richman, Reserve Police Officer
November 9, 2010
TO: Arcadia Planning Commission
SUMMARY
STAFF REPORT
Development Services Department
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: Architectural Design Review No. ADR 09 -22 for the addition of a
new 15,210 square -foot, two -story commercial building and a 98-
space subterranean parking garage to an existing 26,553 square
foot commercial center at 1104 -1110 South Baldwin Avenue and
657 West Duarte Road
The applicant is proposing to add a new 15,210 square -foot, two -story commercial
building and a 98 -space subterranean parking garage, to the existing 26,553
square -foot commercial center at 1104 -1110 S. Baldwin Avenue and 657 W.
Duarte Road. The applicant is requesting Architectural Design Review approval for
the proposed commercial building. The Development Services Department is
recommending approval of ADR 09 -22, subject to the conditions listed in this staff
report.
GENERAL INFORMATION
APPLICANT: Don Mear of Pacific Design Group (Architect)
LOCATION: 1104 -1110 South Baldwin Avenue and 657 West Duarte Road
REQUEST: Architectural Design Review approval for a new 15,210 square
foot, two -story commercial building and a 98 -space subterranean
parking garage addition to an existing 26,553 square -foot
commercial center.
SITE AREA: 1104 -1110 S. Baldwin Avenue 73,616 sq. ft. (1.69 acres)
657 W. Duarte Road 18,060 sq. ft. (0.41 acre)
Total 91,676 sq. ft. (2.10 acres)
FRONTAGES: 126.5 feet along W. Duarte Road
255.9 feet along S. Baldwin Avenue
EXISTING LAND USE:
The property at 1104 -1110 S. Baldwin Avenue is developed with
two commercial buildings constructed in 1999. On the southerly
portion of the lot is an 8,018 square -foot single -story commercial
building, and on the northerly portion is a two -story building with
18,535 square feet of commercial space.
657 W. Duarte Road is developed with a 7,000 square -foot
commercial building constructed in 1961, and was most recently
occupied by a piano store.
ZONING: C -2, General Commercial
GENERAL PLAN DESIGNATION:
Commercial
SURROUNDING LAND USES ZONING:
North: Restaurant and Bank; zoned C -2
South: Gas Station and Bank; zoned C -2
East: Commercial center; zoned C -2
West: Bank; zoned C -2
BACKGROUND
The existing commercial center at 1104 -1110 S. Baldwin Avenue was developed
in 1999. It consists of two structures with a combined floor area of 26,553 square
feet. Conditional Use Permit No. CUP 99 -12 was approved on July 13, 1999 to
allow approximately 6,000 square feet of restaurant uses with the remaining space
for retail and office uses. This approval includes a parking modification for 136
parking spaces in lieu of 148 spaces required. On October 27, 2009, the Planning
Commission approved Conditional Use Permit No. CUP 09 -18 for a bakery to
provide 20 seats for breakfast service from 6:30 a.m. to 11:00 a.m., seven days a
week with a parking modification for 136 spaces in lieu of 164 spaces required.
This approval was primarily based on the finding that the breakfast service would
not conflict with the other allowed uses.
ADR 09 22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 2
PROPOSAL AND ANALYSIS
The proposal is to demolish the existing 7,000 square -foot commercial building at
657 W. Duarte Road and construct a new, two story, 15,210 square -foot
commercial building and a 98 -space subterranean parking garage. This proposal
will be an expansion of the existing commercial center (Baldwin Plaza) at 1104-
1110 S. Baldwin Avenue. The proposal includes a Lot Line Adjustment
Application (LLA 09 -05) that was submitted on August 10, 2009 to consolidate the
recently acquired 18,060 square -foot commercial lot on west Duarte Road with the
existing 73,616 square -foot Baldwin Plaza site. The application is pending
recordation with the Los Angeles County Recorder's Office.
The proposed new building will consist of an 8,443 square -foot first floor, and a
6,768 square -foot second floor. It will be approximately 37' -0" tall, which will be
compatible with the building heights of the two existing buildings at the commercial
center, which are 33' -5" and 39' -1" tall. There will be a total of 234 parking
spaces; 98 in the subterranean parking structure and 136 surface parking spaces.
With the exception of the aforementioned parking Modifications, the proposed
project complies with all applicable zoning regulations.
Architectural Design
The applicant describes the proposed building as "contemporary" in style with a
flat roof, cornice molding, earth tone stucco base finish, ledgestone veneer on the
first floor, and curved steel canopies. The existing buildings of the commercial
center are also of a contemporary design, accented with two cylindrical "tower"
features finished with "S" -tile roofs.
Although the new building will have different architectural details and finishes than
the existing buildings, staff finds the proposed design to be compatible in overall
architectural appearance. The front facade will have the same storefront opening
modules as the existing buildings and a compatible stucco base finish. Also, the
proposed metal awnings for the new building will also be installed on the existing
buildings. These features will help provide architectural consistency between the
proposed building and the existing buildings. Staff finds that the proposed project
conforms to the City's Architectural Design Guidelines (attached).
The grade of the existing commercial center is approximately 4' -0" higher than the
new building site. The ground level of the new building will be elevated to match
that of the existing center and to limit the excavation for the subterranean parking
garage. As a result, the ground floor of the new building will be elevated from the
sidewalk on Duarte Road. The applicant has incorporated landscape planters
along Duarte Road to soften the appearance of the retaining wall.
ADR 09 -22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 3
To further enhance the elevation on Duarte Road, staff suggests the addition of
awnings over the south side of the first floor to match the west elevation, and the
space beneath the stairs on the Duarte Road side should be enclosed and finished
with stone veneer to match the rest of the building.
Parking and Traffic
The intersection of Duarte Road and Baldwin Avenue is one of the busiest in the
City. Due to the proximity of the subject commercial center to this intersection, the
City Engineer retained the services of Linscott, Law Greenspan, Engineers, to
review the potential traffic impacts of the proposed expansion. The consultant
conducted a thorough assessment of the existing traffic conditions in the project
vicinity; a forecast of future traffic volumes; a forecast of the traffic to be added to
the local street system due to the proposed project; and an assessment of
potential traffic impacts associated with the proposed project.
The traffic study concluded that the proposed project is not expected to create a
significant impact at the intersection. Therefore, no traffic mitigation measures
were recommended for the intersection. However, the consultant recommended
traffic improvement measures to improve overall traffic flow at the subject site.
The architect has revised the plans to include the on -site improvement measures
as suggested. These changes include a reconfiguration of the on -site traffic plan
to improve internal circulation, and the elimination of the two (2) existing parking
spaces closest to Baldwin Avenue to increase the on -site queuing space to reduce
the potential for backups onto Baldwin Avenue.
The existing 136 on -site parking spaces for the subject center include 24 compact
spaces and four (4) handicap spaces. The proposal will add 98 parking spaces for
a total of 234 parking spaces. This will include seven (7) handicap spaces and will
eliminate the compact spaces, which the Code no longer allows.
Based on the additional 98 spaces and the existing parking Modifications, the
proposed 234 parking spaces will accommodate in the new building 4,000 square
feet of restaurant space and 11,210 square feet of retail space. A Conditional Use
Permit would be required for any new restaurant use.
CODE REQUIREMENTS
The proposed project is required to comply with all code requirements and policies
as determined to be necessary by the Building Official, Fire Marshal, City
Engineer, Development Services Director, and Public Works Services Director,
which are to be determined by having fully detailed construction plans submitted
for plan check review and approval.
ADR 09 -22
1104 1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 4
CEQA
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
Development Services Department has determined that the proposed project is
categorically exempt from CEQA pursuant to Section 15332 of the CEQA
Guidelines as a Class 32 Exemption for In -Fill Development Projects. A
Preliminary Exemption Assessment is attached.
RECOMMENDATION
The Development Services Department recommends approval of Architectural
Design Review No. ADR 09 -22, subject to the following conditions:
1. Awnings consistent in style with the west elevation shall be installed on the first
floor of the south elevation of the proposed building, subject to the review and
approval of the Community Development Administrator.
2. The space beneath the stairs on the south elevation shall be enclosed and
finished with stone veneer to match the building, subject to the review and
approval of the Community Development Administrator.
3. The following conditions of approval as determined by Engineering Services:
a) The project shall comply with all City of Arcadia Standard Conditions of
Approval that are applicable to this project to the satisfaction of the
Development Services Director.
b) The developer shall contact Public Works Services Department prior to
building permit issuance to arrange for installation of any new sewer lateral
line(s) connecting to the existing sewer main located in Duarte Road.
c) Street Dedications along Duarte Road and Baldwin Avenue shall be
recorded at the Los Angeles County Recorders Office prior to building
permit issuance, and a copy of the recorded Street Dedication document
shall be provided to the City Engineer.
d) To assure that the proposed building will be constructed outside of all public
utility easements that exist on the site, all existing easements shall be
shown on the Grading Plan that is to be submitted for plan check and which
shall be reviewed and approved by the City Engineer, or designee prior to
building permit issuance.
e) Per the Los Angeles County Department of Public Works Standard Urban
Storm Water Mitigation Plan (SUSMP) requirements, the developer shall
provide a SUSMP report and calculations prior to building permit issuance,
and shall include all applicable Best Management Practices (BMP's) to the
satisfaction of the City Engineer.
ADR 09 -22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 5
f) Due to the proposed change in drainage patterns, the project shall infiltrate
on -site and treat all on -site runoff by utilizing appropriate BMP's prior to
discharging to Duarte Road or the existing City of Arcadia storm drain
system, and any contributory offsite runoff that flows onto the subject
property shall be accepted by the suitable BMP's as approved by the City
Engineer.
g)
Prior to building permit issuance all existing and proposed driveway
approaches on Baldwin Avenue and Duarte Road shall be reconstructed to
conform to American Public Works Association (APWA) Standard Plan 110-
2, Type C, to the City Engineer's satisfaction.
h) Prior to building permit issuance the applicant shall incorporate all
recommendations of the Traffic Impact Assessment dated July 15, 2010 by
Linscott, Law Greenspan Engineers, to the City Engineer's satisfaction.
i) Prior to any occupancy of the new building, the developed shall restripe the
existing two -way left-turn lane on Baldwin Avenue adjacent to the property
frontage to provide additional left -turn storage in the existing median per the
Traffic Impact Assessment dated July 15, 2010 by Linscott, Law
Greenspan Engineers, to the City Engineer's satisfaction.
4. Lot Line Adjustment Application No. LLA 09 -05 to consolidate the subject Tots
shall be finalized and recorded with the Los Angeles County Recorder's Office
prior to the issuance of permits.
5. All City requirements regarding building safety, fire prevention, detection,
suppression, emergency access, public right -of -way improvements, parking,
water supply and water facilities, sewer facilities, trash reduction and recycling
requirements, and National Pollutant Discharge Elimination System (NPDES)
measures shall be complied with to the satisfaction of the Building Official, Fire
Marshal, Public Works Services Director and Development Services Director.
Compliance with these requirements is to be determined by having fully
detailed construction plans submitted for plan check review and approval.
6. 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
ADR 09 -22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 6
represent the City, its officers, employees, and agents in the defense of the
matter.
7. Approval of ADR 09 -22 shall not take effect until the applicant and property
owner have executed and filed an Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
the conditions of approval, and to acknowledge that all conditions of approval
shall be satisfied prior to final inspection and any occupancy of the project.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve the project, the Commission should
move to approve Architectural Design Review No. ADR 09 -22 based on the finding
that the project is consistent with the City's Architectural Design Guidelines, and
subject to the conditions of approval as listed in the staff report, or as modified by
the Planning Commission.
Denial
If the Planning Commission intends to deny this project, the Commission should
move to deny Architectural Design Review No. ADR 09 -22, based on the evidence
presented and state the reasons why the project does not meet the City's
Architectural Design Guidelines.
If any Planning Commissioner or other interested party has any questions or
comments regarding this matter prior to the November 9, 2010 public hearing,
please contact Thomas Li, Associate Planner by calling (626) 574 -5447 or by
email at tli @ci.arcadia.ca.us.
Appro
Jin isama, Community Development Administrator
Attachments: Aerial Photograph and Vicinity Map
Architectural Plans
Site and Neighborhood Photographs
Preliminary Exemption Assessment
Architectural Design Guidelines
ADR 09 -22
1104 -1110 South Baldwin Avenue and 657 West Duarte Road
November 9, 2010 page 7
1104 -1110 S. Baldwin Avenue,
657 W. Duarte Road
ADR 09 -22
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1.
Name or description of project:
ADR 09 -22, Architectural Design Review for the addition of a new
15,210 sq.ft. commercial building and a 98 -space subterranean parking
garage to an existing 26,553 sq.ft. commercial center.
2.
Project Location Identify street
address and cross streets or attach a
map showing project site (preferably a
USGS 15' or 7 1/2' topographical map
identified by quadrangle name):
1104 -1110 S. Baldwin Avenue and 657 W. Duarte Road
3.
Entity or person undertaking project:
A.
B. Other (Private)
(1) Name
Don Mear of Pacific Design Group
(2) Address
18071 Irvine Blvd., Tustin, CA 92780
4.
Staff Determination:
The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with
the Lead Agency'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. I
The project is categorically exempt.
Applicable Exemption Class:
32
f.
The project is statutorily exempt.
Applicable Exemption:
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:
Date: 10 -7 -10
Preliminary Exemption Assessment\2010
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
Staff: Thomas Li, Associate Planner
FORM "A"
CHITECTURAL DESIGN GUIDELINES
CITY OF ARCADIA
OMMERCIAL AND INDUSTRIAL
February 2002
MMERCIAL AND INDUSTRIAL
LE OF CONTENTS
Page
Purpose 1
Issues 2
Applicability 2
How to Use the Design Guidelines 3
Interpretation of Provisions 3
Relationship to Design Review Process 3
Scope and Authority 3
General Design Criteria for All Projects 4
Site Planning 5
Building Composition 8
General Comments 8
Building Walls/Facades 10
Roof lines 11
Entryways 12
Windows 13
Awnings 14
Signing 16
General Sign Guidelines 16
Pole/Monument Signs 17
Projecting Signs/Hanging Signs 18
Wall Signs 20
Awning Signs 21
Window Signs 21
Parking 23
Site Ingress/Egress/Entry Design 24
Pedestrian Access 25
Loading Delivery and Service Facilities 26
Landscape Elements 27
Site Amenities 29
Seating 29
Public Art 30
Bus Stops /Shelters .31
Design Review Procedures 32
Initiation of Design Review 32
Design Concept Review and Approval 32
Final Design Review and Approval 32
Fee 33
Effective Date 3 3
Expiration of Approval 3 3
Extension of Approval 3 3
Plan Revisions 33
Appeal 3 3
Enforcement 3 3
ii
Page
Al k
11R A
Lap
The purpose of the Architectural Design
Review Guidelines is to promote a desired
level of quality development in Arcadia that
will:
1. Contribute to a positive physical image and
identity of non residential development.
2. Foster design that is sensitive to both the
site and its surroundings.
3. Provide guidance for the orderly
development of the City and promote high
quality development.
4. Maintain and protect the value of property.
5. Reinforce the importance of the pedestrian
with scale and space.
6. Ensure that the architectural design of
structures and their materials and colors are
visually harmonious with surrounding
development.
7. Encourage improvements that respect or
improve neighborhood character.
8. Ensure that plans for the landscaping of
open spaces conform to the requirements
set forth in the code, and that they provide
visually pleasing settings for structures on
the site and on adjoining and nearby sites
and blend harmoniously with the natural
landscape.
9. Ensure that the design and location of signs
and their materials and colors are consistent
with the character and scale of the buildings
to which they are attached or which are
located on the same site, and ensure that
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
signs are visually harmonious with
surrounding development.
10. Encourage excellence in architectural
design to enhance the visual environment
of the city, preserve and protect property
values, the character of the community, and
mitigate against degradation and
depreciation.
11. Promote and protect the health, safety,
comfort and general welfare of the
community, to promote the standards of
appearance in the community and
encourage the appropriate use of land
within the City.
The interpretation and implementation of the
design guidelines should be based on the above
pruposes. Projects that are reviewed for
compliance with the design guidelines should
meet the intent of the above purposes.
The guidelines do not seek to impose an
overriding style, a limited color palette, or an
artificial theme, but seek to promote the
positive design characteristics existing through-
out the City of Arcadia today.
The goal is to promote quality designs that
have been carefully considered. It is intended
to promote designs that have well integrated
features rather than tacked on details. The
guidelines are less quantitative than mandatory
development standards and may be interpreted
with some flexibility in their application to
specific projects.
1
The intention of architectural design review is
to identify good general design principles.
However, there are certain specific design and
development issues that have become a concern
to the community. The following are some of
the more prevalent issues that have become a
cause for concern:
1. Continuous building walls that lack
articulation.
2. Buildings that break the street front facade
pattern.
3. Buildings placed behind parking areas with
entry doors and windows that face the
parking lot.
4. Alterations that destroy interesting and
noteworthy historic features of individual
buildings.
5. Buildings that do not relate to the scale of
existing structures.
6. Color schemes that clash with the
predominant use of color on the street.
7. Signs which are incompatible with the
building and the surrounding commercial
development.
PPLICABILITY
Design approval is required prior to the
issuance of a Building Permit, Sign Permit,
Conditional Use Permit, Variance and/or
Modification, for all projects located within all
the multiple family, commercial and industrial
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
zones as well as exterior alterations, additions
or new buildings located in the S -1 zone. In
addition, the design guidelines apply to the
following uses which do not require permits:
painting of buildings and signs painted directly
on a building.
Exception: the provisions do not apply to the
following:
1. Signs having no words or symbols greater
than 3 inches in height.
2. Building permits for work which is located
entirely within a building and which does
not alter the external appearance of said
building.
II GUIDELINES
These guidelines are intended to be used to
generally influence the design of commercial
and industrial development/redevelopment of
land uses. The guidelines should be used as a
starting point for the creative design process
and should not be looked upon as the only
solution for design. Owners of properties
should strive to be creative and innovative and
look beyond franchise or boilerplate
architectural, signage and landscape
architectural design treatment.
OW TO USE THE DESIGN
NTERPRETATION OF
PROVISIONS
To aid in the interpretation of these guidelines,
a development applicant should understand the
meaning of "should "encouraged and
"discouraged
Guidelines that employ the word "should" are
intended to express the City's desire and
expectation. An alternative measure may be
considered, however, if it meets or exceeds the
intent of the guideline.
Guidelines using the words "encouraged" or
"discouraged" are meant to express a more or
less desirable design solution.
ELATIONSHIP TO DESIGN
REVIEW PROCESS
The Design Guidelines will be utilized during
the City's development review process to
encourage the highest level of design quality
and at the same time, provide the flexibility
necessary to encourage creativity on the part of
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
project designers in response to existing site
conditions.
Applicants of new development or
rehabilitation must follow a development
review process set forth below in order to
complete site and building improvements.
COPE AND AUTHORITY
Project proponents should review the entire
set of design guidelines prior to beginning a
project's design.
Design review shall consist of three steps:
1. Preliminary consultation between the
project sponsor and the Development
Services Department staff to discuss design
guidelines and design criteria applicable to
the site and use.
2. Design concept review by the Development
Services Department, Modification
Committee, Planning Commission or City
Council, as provided for in the code.
3. Final design review during the Plan Check
process by the Development Services
Department for consistency with the
approval or conditional approval as
established in the design concept approval
stage.
ENERAL DESIGN
CRITERIA FOR ALL
PROJECTS
The design elements that establish high quality
architectural style include the following:
Simple, multi planed pitched roofs
Open rafters /tails with large overhangs
The appearance of "thick" walls
Courtyards, arcades, intimate spaces
Tile details
Deep -set window and door openings
Offset wall planes
Fountains and other unique details
Building masses with the incorporation
of one and two story architecture
Sequencing of enclosed space /arches
The elements that detract from architectural
quality include the following:
Truncated or non existent roof over-
hangs
Flat roofs without decorative parapets
Plastic tiles
Highly reflective tiles
Roof tiles of primary color (green,
orange, blue, etc.)
Exposed pipe columns
Typical franchise designs, logos and
colors
Reflective material on windows on the
ground floor
The appearance of thin walls
Plastic awnings
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
Materials that contribute to good quality
architecture are:
Stucco, smooth, sand or light lace finish
Wood, as an exposed structural material
Clay or concrete roof tiles
Native fieldstone
Wood window casements
Wood, as an accent material
Brick both as an accent material and
facades on commercial buildings
Wrought iron
Tile, as an accent material
Slumpstone garden walls
Materials that detract from quality architecture
are:
Metal or aluminum siding and roofing
Wood shingle on walls
Plywood. siding
Plastic tile
Pipe railings
Metal /concrete stairs
Slump block (for buildings walls)
Unmilled, bare aluminum window
frames
Site planning refers to the arrangement and
relationships of building, parking, pedestrian
spaces, landscape and other associated uses to
one another.
1. Natural amenities such as views and similar
features unique to the site should be
preserved and incorporated into develop-
ment proposals.
2. The location, configuration, size, and
design of new buildings and structures, or
the alteration or enlargement of existing
development shall be visually harmonious
with their sites and compatible with the
character and quality of surrounding sites,
buildings, and structures.
3. The height and bulk of proposed buildings
and structures on the site should be in scale
and in proportion with the height and bulk
of buildings and structures on surrounding
sites, and should not visually dominate
their sites or the neighborhood.
4. Building setbacks may include plazas, entry
nooks and outdoor cafe seating subject to
the City's Zoning regulations.
5. Buildings are encouraged to be sited at or
near the front property line with inviting
and detailed elevations to strengthen the
desired image for the area. This will create
a "building street edge" that unifies
separate buildings into a tightly knit
district. Large blank walls adjacent to the
street frontages are discouraged.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
Desirable Site Plan
6. When buildings must be located back from
the street, smaller, freestanding structures
(i.e. flower market, coffee bar) can be used
to provide a street front presence and
provide some buffer to the parking.
Undesirable Site Design
Desirable Site Designs
5
7. "L" shaped shopping centers should be
avoided. Shopping centers should
incorporate either a clustered, village
oriented, or pedestrian oriented site plan or
utilize external pads at the street edge for
visual interest.
8. On larger sites, buildings should occupy a
minimum 15% of the total property
frontage. Such siting together with
substantial landscape treatment reinforces
and strengthens the streetscape.
9. The development of the site should protect
the site and surrounding properties from
noise, vibration, odor, and other factors that
may have an adverse effect on the
environment.
10. All mechanical equipment on the site shall
be appropriately screened from view. Large
vent stacks, and similar features should be
avoided, and if essential, shall be screened
from view or painted so as to be
nonreflective and compatible with building
colors.
11. Utility facilities must be placed
underground whenever feasible. Service,
utility, loading and trash areas must be
carefully treated and integrated into the site
plan in a way that does not detract from the
public view.
12. The design of accessory structures, fences,
and walls should be harmonious with the
principal building and other buildings on
the site. Insofar as possible, the same
building materials should be used on all
structures on a site.
13. The design of the buildings, driveways,
loading facilities, parking areas, signs,
landscaping, lighting, solar facilities, and
other sight features should show proper
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
consideration for the visual effect of the
development upon other properties from the
view of the public rights -of -way and from
eye level at grade on the adjoining
properties.
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14. Off street parking and loading facilities
should function efficiently with minimum
obstruction of traffic on surrounding streets
and alleys.
15. Trash collection areas shall not intrude into
major lines of sight from residential units or
landscaped open areas of the subject
development or adjacent properties.
16. Trash collection areas shall be located
where the noise of trash pickup intrudes
minimally into the residential units on the
site or adjacent properties.
17. Proposed projects shall accommodate
existing mature trees wherever feasible and
shall provide for their protection during
construction.
18. New landscaping materials shall be of a
size and quality appropriate to the scale of
the project.
6
19. Landscaping shall be an integral part of the
project, and conceptual landscape plans
shall be submitted as part of the design
review.
20. Landscaping areas shall be provided to
enhance walkways.
21. Proposed lighting should be so located so
as to avoid glare and to reflect the light
away from adjoining property and public
rights -of -way.
22. On larger sites, develop focal points to
create a sense of identification. Plazas,
landscaping, fountains, art work, textured
pavement, changes in pavement levels, and
building tower features may be combined
to create focal points.
23. All backflow prevention devices shall be
screened from public view per the standards
set forth in the Development Services
Department and integrated into the site plan
in a way that does not detract from the
appearance of the building(s).
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
UILDING COMPOSITION
The building base should visually anchor the
building, establishing a strong connection to
the ground and the site. The base of the
building should appear more massive than the
upper stories. Building details and public art
elements are encouraged to provide visual
interest and a sense of discovery. Details
should be comprehensible to passing
pedestrians and proportionate to the scale of the
building.
The upper stories of the building should exhibit
a lighter character than the base, possibly by
reducing floor area and building mass
Architectural details on the upper stories
should be at a scale that relates to the overall
building composition. As a general rule,
massing and details should be simple and
proportionate to the scale of the building. The
length and depth of cantilevers should be
minimized.
2/02 Commercial /Industrial Guidelines
(Ord. 2155 /Reso 6280)
UNDESIRABLE
General Comments
1. The architectural treatment of buildings and
structures and their materials, textures and
colors shall be visually harmonious with
existing buildings and structures, and
surrounding development, and shall
enhance the appearance of the area.
2. Design and location of proposed signs
should be consistent with the provisions of
the zoning ordinance and with
characteristics of the area in which the site
is located. Signs should be designed to be
in keeping with the use to which they are
related. Sign materials should be
compatible with the materials and colors
used on the exterior of the structure to
which the sign is related and should be
complementary to the appearance of the
building.
3. Architecture, landscaping, and signage
design elements shall be considered in their
overall visual design to be harmonious and
attractive. Review shall include: materials,
textures, colors, illumination, and
landscaping; and design, location, and size
of signs attached to buildings; and the
design, location, and size of any free-
standing sign.
4. Garish, non harmonious or out -of- character
colors should not be used on any building
face, or roof visible from the street or from
an adjoining site. Exposed metal flashing or
trim should be anodized or painted to blend
with the exterior colors of the building.
5. Deep eaves, overhangs, canopies, and other
architectural features that provide shelter
and shade should be encouraged.
6. Exterior project lighting shall be designed
to contribute to the aesthetic quality of the
project.
7. On new or rehabilitated commercial and /or
industrial projects, space for signage shall
be designed into the building elevations. A
sign program shall be submitted with plans
for architectural design review.
8. Breaking up a building expanse into
smaller scale units such as 20 -25 foot
modules can minimize the physical mass of
a building.
9. Efforts should be made to graduate the
physical mass of a building consisting of
three stories or more by using the
proportions of a step. Stepping the upper
levels of tall buildings back from the street
will make the building seem less imposing
to the pedestrian.
10. New buildings should respond to or
enhance the architectural elements of
adjacent buildings. By respecting the
design details of existing structures such as
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
rooflines and building setbacks, a
transitional treatment between new and old
will begin to develop. Deviation from the
architectural character of an area may be
appropriate when the design direction of the
district is undergoing transformation or to
express an appropriate architectural
statement.
11. The bulk and mass of new buildings should
relate to the prevailing scale of existing
buildings.
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12. Adjacent buildings shall be compatible in
height and scale, yet it is best if buildings
side -by -side vary slightly in height.
9
13. Corporate architecture and generic designs
are not recommended. The design of each
project must be compatible with buildings
within the area.
Building Walls/Facades
Articulation of the building facade can be
achieved by utilizing recessed doors and
windows, reveals, changes in surface texture
and variations in the building plan. These
techniques help divide a wall plan into smaller
components that relate to human size and scale.
1. Large expanses of flat building walls shall
be avoided by providing sufficient
building articulation. Vertical and
horizontal wall articulation including
architectural indentations and /or projections
should be well integrated into the building
design and consistent with the architectural
vocabulary of the particular style being
proposed so as to provide opportunity for
shade, shadow and visual relief.
2. Exterior walls, especially at ground level,
should include elements to build depth and
character on the wall plane. Emphasize
windows, trellises, arcades, roof overhangs,
recessed or projected stories, columns,
balconies, wainscots and awnings.
3. Detailing of walls at the ground level
should complement the adjacent pedestrian
or landscape area, providing an appropriate
transition from the ground plane to the
building.
4. Appropriate materials for walls and facades
include, but are not limited to: stucco,
stone, tile, split -faced block, brick and
wood lap siding.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
10
5. Discouraged building materials include
highly reflective materials, unpainted or
smooth monolithic concrete, T -111 siding,
speed (interlocking) or precision block or
non textured block and metal. Corrugated
metal may be appropriate for a rustic or
railroad style architecture.
6. A balanced color palette should be kept
using the correct proportions between the
lighter "base colors" and the brighter
"accent colors" on each building. Buildings
with large walls should have a subtle base
color. The base color on smaller buildings
or those with more elaborate detail can use
slightly stronger tones. In general, earth
tone wall colors should be predominant
including off-white, cream, or light pastels,
avoiding the strong pink and salmon hues.
7. Finish materials should wrap the exterior
comer and terminate at the inside corner.
Such treatments will alleviate the
appearance of a "wall paper" application
and will give a sense of permanence to a
structure.
8. The use and quantity of different building
materials should be minimized. Simplistic
designs that adopt the architectural
components and finish materials of adjacent
buildings are encouraged.
9. Exposed concrete masonry units and split
faced concrete masonry units with integral
color and texture may be used, but is
discouraged as a primary building
materials, especially in the commercial
zones.
10. Utilize reveal patterns, changes in
materials, building pop outs, columns and
recessed areas to create shadow patterns
and depth on the wall surfaces.
2/02 Commercial/industrial Guidelines
(Ord. 2155 /Reso 6280)
11. Organize the facades of a large project or
building into several visually distinct parts
to create the appearance of several small
buildings.
12. Use recesses and projections to visually
divide building surfaces into smaller scale
elements.
13. Breaking down the massing and scale of
larger buildings creates a pedestrian- scaled
collection of smaller individualized
elements that is in keeping with the overall
concept.
Rooffines
1. Special attention should be paid to the
articulation of the top portion of buildings;
long, unbroken, horizontal rooflines are not
acceptable. The roofline of a structure
should provide visual interest and should be
used to de- emphasize a building's mass.
This can be achieved by the use of offsets
and other methods to articulate the
horizontal and vertical plane of the building
through the introduction of horizontal
bands, cornices and stepbacks.
Full roofs are encouraged
1 1
2. Rooflines should be broken at intervals no
greater than 50 feet by loggias, changes in
height or stepbacks to reinforce the typical
building increment of 25 to 50 feet.
Interesting and varied roof forms are
encouraged.
3. Roof forms should be consistent with the
building design style.
4. Decorative roof treatments should continue
around the building or terminate in a logical
manner. Using decorative roof treatments
only in locations that are visible from a
street or alley view is not appropriate.
5. Special attention should be given to
buildings with flat roof construction.
Parapets should generally be finished with
cornices or other horizontal decoration
depending on the architectural style of the.
building.
6. Rooftop equipment shall be concealed from
view and /or integrated within the
architecture of the building.
Entryways
1. Building entrances should face and open
onto the sidewalk. This design approach
promotes pedestrian activity and creates a
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
spatial rhythm as a user travels from one
storefront to another. This is not the case
when stores are set back from the sidewalk,
with entry doors that face the parking lot.
2. Building entries should be recessed for
visual interest and to provide a sense of
arrival to the structure.
3. Design details such as decorative trim
elements should be incorporated at the
entry. Carefully coordinated changes in
color and texture also help to provide
contrast and a sense of scale.
4. Buildings situated at the corner of a public
street should provide a prominent comer
entrance.
12
5. All storefronts should be highly detailed
using elements that create texture, shade
and shadow, a sense of entry and pedestrian
scale.
6. Use doors, windows and openings to add
extra texture to the wall plane.
7. Doors to retail shops should contain a high
percentage of glass in order to view the
retail contents and the people inside.
8. Awnings and signage to clearly demarcate
building entries will help orient pedestrians.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
9. The main pedestrian entrances to buildings
shall be enhanced. Options to consider is
the use of colored and textured paving
materials, which are appropriate to the
design of the building.
10. Walkway paving materials shall provide
walking surfaces that are even surfaced and
easily negotiated.
Windows
1. Windows should be designed to coordinate
with the architectural design of the
building. Display windows should face the
sidewalk to create a spatial rhythm that
heightens the interest at the pedestrian
level.
2. Large, uninterrupted surfaces of glass
without architectural divisions are
discouraged. Powder coated colors should
be encouraged instead of using typical
anodized aluminum.
13
3. Reflective or mirrored glass is prohibited.
4. Opaque glass surfaces are generally
discouraged.
5. Efforts should be made to provide
maximum transparency (e.g. windows) on
first floor facades. Attention should be
paid to materials, placement, depth of
recess and ornamentation such as window
grilles. The design objective should be to
obtain 50% transparency of first floor
facades in retail /pedestrian districts.
6. Storefront windows should be as large as
possible and no closer than 18" from the
ground.
7. When windows are added or changed, it is
important that the new design be
sympathetic to and compatible with the
fenestration of surrounding structures.
Introducing or changing the location or size
of windows or other openings that alter the
architectural rhythm or character of the
original building is discouraged.
8. Doors and windows must be coordinated
and must have quality molding and
framing.
Awnings
1. Awnings shall be of a durable, commercial
grade fabric, canvas or similar materials
having a matte finish. Awning frames and
supports should be painted or coated metal
or other non corroding materials. Glossy or
shiny plastic or similar awning material is
not recommended. Translucent or "backlit"
awnings which allow light to pass through
are strongly discouraged.
2. Cloth awnings should coordinate with the
architectural expression of a building,
2/02 Commercial /Industrial Guidelines
(Ord. 2155 /Reso 6280)
generally avoiding long and continuous
treatments. Aawnings are encouraged and
should be designed to coordinate with the
architectural style of the building.
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3. Awnings and signage to clearly demarcate
building entries will help orient pedestrians
4. A solid color with matte finish is
recommended rather than bright colors,
unless used sparingly as an accent.
5. Awnings should not be wrapped around
buildings in continuous bands. Place
awnings only on top of doors, windows and
other openings.
6. Awnings with imprinted signage are
allowed. Signage letters shall be
complimentary to the awning in color and
14
not less than 6" in height nor greater than
8 Lettering shall be limited to side or
front fascia of the awning.
7. Awnings if lighted, shall be lighted with a
direct architecturally interesting fixture.
8. Aluminum awnings or "brow" canopies
generally detract from the character of the
building and are discouraged.
9. When there are several businesses in one
building, awnings of the same color should
be used with simple signs on the valance
flap (not to exceed 8 inches) and (6 letters)
that may vary in type style and color to
differentiate the individual businesses
within the building.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
15
Signing plays an important role in the success
of any business by providing business
identification. When signs are integrated into
the building design they provide a personal
quality that contributes to the ambiance of the
commercial complex or streetscape, especially
the more unique signs. Conversely signs may
intrude upon pleasant surroundings when they
are applied as an afterthought. The following
guidelines are intended to balance the
legitimate needs for business identification
with the need to prevent visual clutter that
detracts from a project's character.
General Sign Guidelines
1. A sign program should be submitted with
plans for architectural design review. The
sign program should coordinate with the
building architecture including the use of
internally consistent materials, colors and
textures. Space for signage shall be
designed into the building elevations that
are adjacent to public streets. The sign
program should coordinate with the
building architecture including the use of
internally consistent materials, colors and
textures. Signage and graphics should be
conceived as an integral part of the
buildings architectural design, not applied
as an afterthought.
2. Sign colors should complement the colors
used on the structures and the project as a
whole.
3. The total number of colors used in any one
sign should be limited. Small accents of
several colors may make a sign unique and
attractive, but the competition of large areas
of many different colors decreases
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
readability. Too many colors used
simultaneously can confuse and negate the
message of a sign. Even the most carefully
planned sign may look unattractive due to
poor color selection.
4. Faddish or bizarre typefaces should be
avoided if they are difficult to read.
5. The number of lettering styles should be
limited in order to increase legibility. A
general rule is to limit the number of
different letter types to no more than two
for small signs and three for larger signs.
6. Letters and words should not be spaced too
close together. Crowding of letters, words
or lines will make a sign more difficult to
read. Conversely, over spacing these
elements causes the viewer to reach each
item individually, again obscuring the
message. As a general rule, letters should
not occupy more than 75% of the sign
panel area.
7. Symbols and logos should be used in place
of words whenever appropriate. Picto-
graphic images will usually register more
quickly in the viewer's mind than a written
message.
8. The following materials are recommended
for signs:
Wood (carved, sandblasted, etched and
property sealed, primed and painted or
stained).
Metal (formed, etched, cast, engraved
and properly primed and painted or
factory coated to protect again
corrosion).
High density pre formed foam or
similar materials. New materials may
be very appropriate if properly designed
in a manner consistent with these
16
guidelines, and painted or otherwise
finished to compliment the architecture.
Custom neon tubing in the form of
graphics or lettering may be
incorporated into the sign design.
Controlled background signs a
mounting base for individual sign
characters.
9. Flat Plexiglas illuminated signs are
discouraged. Plexiglas signs with "push
through" letters may be considered if the
letters only are illuminated and the
background remains unlighted.
10. Internally illuminated plastic -faced cabinet
signs are discouraged.
11. Individually mounted internally illuminated
channel letter signs are appropriate.
Reverse channel letter signs are preferred.
Raceways shall be avoided where possible;
and, if exposed, painted to match the color
of the building.
12. If it is possible to illuminate the sign by an
indirect source of light, this is usually the
best arrangement because the sign will
appear to be better integrated with the
building's architecture. Light fixtures in
front of the structure cast light on the sign
and generally a portion of the face of the
structure as well. Indirect lighting
emphasizes the continuity of the structure's
surface and signs become an integral part of
the facade.
13. Backlit solid letters (reverse channel) are
preferred to internally illuminated panletter
signs.
14. Signs that advertise the occupant business
through the use of graphic or crafted
symbols, such as shoes, keys, glasses or
books are encouraged. Figurative signs
2/02 Commercial /Industrial Guidelines
(Ord. 2155 /Reso 628D)
may be incorporated into any of the
allowable sign types.
Pole/Monuinent Sims
1. Pole signs shall be discouraged for new
construction and renovations.
2. Monument signs that are well articulated
and well proportioned are preferred for
project entries.
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3. Monument signs should be well
proportioned and accented with
landscaping. The signs should be in scale
with adjacent buildings and landscape
areas.
17
4. Monument signs shall incorporate
complimentary colors, materials and
lettering fonts. Said colors and materials
shall be consistent with the building
materials. More than one material for the
monument structure is recommended.
5. Project signs shall be discouraged from
having any type of signing other than center
identification and the address.
6. Freestanding monument signs should be
placed perpendicular to the street.
7. Freestanding monument signs should be
placed so that vehicular sight distances at
entry driveways are not negatively affected.
8. Solid architectural sign bases and sides are
highly desirable. Each sign should
incorporate a base that is a minimum of 12
inches high. The materials should match an
architectural element of the commercial
development it serves.
9. Each monument sign should be surrounded
by a landscape planter that extends a
minimum of 2 feet in all directions beyond
the base of the sign.
Projecting Signs/Hanging Signs
1. Handcrafted, wall mounted and hanging
signs are a recommended way to provide
clear and direct guidance for pedestrians.
These signs are encouraged to be unique
and convey a business image.
2/02 Commercial/Industrial Guidelines 1 8
(Ord. 2155 /Reso 6280)
2. The number of projecting signs per
business shall be limited to one. The
distance between projecting signs on a
building shall be at least 50 feet for
maximum visibility.
3 Projecting signs shall be hung at a 90°
angle from the face of the building.
4. On a multi- storied building, the sign should
be suspended between the bottom of the
second story windowsills and the top of the
doors or windows of the first story. On a
one -story building, the top of the sign
should be suspended in line with the lowest
point of the roof.
5. The bottom of the sign should maintain at
least a 10' pedestrian clearance from the
sidewalk level.
6. Decorative iron and wood brackets that
support projecting signs are encouraged.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
7. The lines of the brackets should harmonize
with the shape of the sign. The most
important feature of a bracket should be its
ability to hold up the sign.
8. To avoid damaging brick and stonework,
brackets should be designed so that they
19
can be bolted into masonry joints when
possible.
Wall Signs
1. The following types of walls signs are
recommended:
Dimensional letter forms with seamless
edge treatments
Reverse channel lettering with halo
lighting
Cut or fabricated steel, painted or
unfinished
Polished metal
Etched metal or glass, sandblasted glass
Dimension, shapes and forms of metal,
hardwoods, glass or other material with
a permanent appearance.
Halo or exposed channel neon
Silhouette illumination
Front lighted signs.
Dimensional geometric shapes and
three dimensional forms
2. The following signs are discouraged:
Conventional plastic faced box or
cabinet signs
Internally illuminated signs, except
backlit signs where only the lettering is
illuminated
3. Internally illuminated letters with "halo
effect
4. Wall signs should be integrated into the
building design, compliment the
architecture and be compatible with the
building colors and materials.
5. Signs proposed to be located on buildings
having an existing sign, shall be designed
(size, location, colors, lighting, materials,
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
etc.), and considered in relationship to other
signs on the building, and compatible with
the architecture of the building.
6. Use a brief message; the fewer the words,
the more effective the sign. Words should
be used to convey primary information
only. The text of permanent storefront
signs should be limited to the name of the
business; address and/or generic type of
goods or services offered.
20
7. All signs should fit comfortably into their
storefront architecture leaving sufficient
margins and negative space on all sides.
Thickness, height and colors of sign
lettering and graphics should be visually
balanced and in proportion to other signs on
the building.
8. Internally illuminated plastic -faced cabinet
signs are discouraged.
Awning Signs
1. Quality building and awning signs of
appropriate size and scale with the building
face are encouraged.
2. The text should be located only on the
fabric valance flap of the awning. The
letter color should be compatible with the
awning and the building color scheme.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
3. Text copy should be limited to the name of
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4. When initially installed, awnings should be
provided with removable valances and end
panels to accommodate future changes in
sign copy. Painting cloth awnings in order
to change sign copy is strongly discouraged
as this will decrease the fire
resistant/retardant properties of the treated
canvas.
The shape, design and color of fabric
awnings should be carefully designed to
coordinate with and not dominate the
architectural style of the building. Where
other fabric awnings are used on the
building, the design and color of the sign
awnings and all other awnings should be
coordinated.
6. Internally illuminated awnings with or
without signage are discouraged.
Window Signs
1. Window signs shall not cover more than
25% of the area of each window.
21
Illuminated signs shall not exceed 10% of
the window area.
2. Window signs should be limited to
individual letters placed on the interior
surface of the window and intended to be
viewed from outside.
3. The text or sign copy of a window sign
should be limited to the business name and
brief messages identifying the type of
product or service.
4. Window signs should be grouped to
minimize blocking views into the stores.
5. Temporary window signs advertising
specific products are prohibited.
2/02 Commercial /Industrial Guidelines
(Ord. 2155 /Reso 6280)
Large expanses of paved parking detract from
surrounding businesses and are visually
unappealing. Properly designed and land-
scaped parking lots enhance the urban
environment by providing shade and greenery
while providing shoppers and visitors with
convenient access.
1. Parking areas should not dominate the site
in areas adjacent to any street. Parking
should be concentrated in areas away from
the street and behind front pad buildings
when possible so that parking lots do not
dominate the appearance of the site.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
2. Parking lots should be separated from
buildings by a raised walkway and
landscape strip of at least 7 feet in width.
Parking aisles or spaces should not directly
abut the building.
3. Driveway openings should not be located
near street intersections.
4. Parking lots should be designed and located
contiguous to each other so that vehicles
can travel from one private parking lot to
the other (reciprocal access) without having
to enter the street.
5. Include decorative paving materials and use
of color in sidewalk and pavement areas at
pedestrian/automobile contact zones. The
change in surface material provides a visual
element that is aesthetically pleasing and a
safety feature that defines the pedestrian
space.
6. Accent parking lots with landscaping that
highlights the importance of the driveway
from the street, frames the major circulation
isles and highlights pedestrian pathways.
7. Minimize pedestrian and automobile
conflict by incorporating a dedicated
pedestrian pathway through the parking lot
area in large projects. Pedestrian ways
should be incorporated in parking lots,
where possible, using accented paving,
trellises and lighting.
8. Parking lot entrances should be well signed,
well planted and shared by adjacent
properties where possible.
9. Parking lots should be well landscaped (at
least one tree per four spaces) with trees
and shrubs to provide shade and soften the
impact of larger expanses of paving. Trees
with large canopies are encouraged. Accent
23
trees at entries and end of parking bays are
also suggested.
10. The width of a planter for any tree in a
parking lot shall not be less than six (6) feet
including the curb areas.
11. Low planter walls and /or landscape berms
should be used to buffer parking lots from
the street scene.
12. Parking garages should provide retail or
other commercial uses at the sidewalk level
whenever possible.
13. Special attention shall be given to the
location and .number of vehicular access
points and their relationship to vehicular
and pedestrian traffic on the adjacent public
rights -of -way.
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(Ord. 2155 /Reso 6280)
14. Landscape buffers required between the
parking areas and adjacent public rights -of-
way and adjacent residentially zoned
property shall not be included in the
calculation of the required interior land-
scaping.
15. Additional landscape space may be
required for screening or buffering from
adjacent uses.
16. The design of lighting fixtures and their
structural support should be of a scale and
architectural design which is compatible
with on -site buildings. If possible, a light
standard theme should be provided
throughout the site. (See Illustration 18)
17. Light fixtures should be selected based
upon use. Pedestrian scale lighting should
be used near building entrances and along
walkways.
Site Ingress/Egress/Entry Design
1. Developments should coordinate access/
egress points with median openings and
existing driveways on the opposite side of
the roadway.
2. A clear and well designed entry into the
project site should be created using walls,
signage, paving, and planting to visually
link the site entry to the building(s).
3. In large parking lots with over 100 parking
stalls, a main entry drive should extend
from the public street to the front cross
aisle and should:
24
Include a minimum 7 -foot wide
landscaped center median from the
public street to the first bisecting
parking aisle.
Include two 7 -foot wide landscaped
parkways flanking both of its sides and
do not have any parking stalls along it.
Provide deep entry drives. The first
aisle juncture that intersects the main
entry drive should be placed at least 40
feet back from the property line or
public street right -of -way to provide
adequate queuing distance off the street.
Provide adequate spacing between
neighboring commercial, industrial or
multi family entry drives. Entry drives
should be located a minimum of 200
feet apartment and at least 100 feet
from any street intersection property
line. Also access drives should be
located a minimum of 20 feet from side
property lines unless a shared drive is
provided.
Pedestrian Access
1. Separate cars and pedestrians. Parking
areas should be designed so that pedestrians
walk parallel to moving cars in parking
aisles. The need for pedestrians to cross
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
parking aisles should be minimized.
Landscape islands walkways should be
used to connect parking and building
entries.
2. Clearly .defined pedestrian access should be
provided from transit/bus stops to primary
building entrances. In large projects with
over 100 parking stalls, pedestrian
walkways should be provided through
parking areas.
3. All projects should demonstrate connection
of the onsite pedestrian circulation system
to the offsite public sidewalk by including a
minimum 4 -foot wide sidewalk from the
street to the onsite pedestrian circulation
system.
4. Asphalt sidewalks are prohibited.
25
5 Emphasis on pedestrian crossings of
driveways and major circulation aisles
should be accentuated at building entries by
extending the sidewalk out into the parking
aisle/lane.
6. Pedestrian spaces shall have detailed and
well articulated paving design. Materials
may include concrete or brick pavers, tile,
scored and textured concrete or stone.
7. Provide breaks in low walls and planters to
provide for convenient and logical
pedestrian circulation.
8. Unarticulated, minimally scored, plain
concrete paving is not allowed in pedestrian
areas.
9. Provide sidewalks and pathways to and
from parking lots, buildings and other
public spaces. This pedestrian circulation
must be enhanced with lighting, planting,
benches, fountains, public art, trellises and
textured paving or other elements as
appropriate to the style of the space and
adjacent buildings.
Loading, Delivery and Service Facilities
1. Consider areas for loading. Loading
facilities should not be located at the front
of buildings where it is difficult to
adequately screen them from view.
2. When commercial/industrial buildings back
or side residential properties, loading and
delivery areas should be located at the side
of the building away from residential
property.
3. Loading spaces adjacent to residential
properties are strongly discouraged.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
4. Loading docks should not be located within
100 feet (50 feet if fully enclosed within a
building) of residentially zoned property.
5. A loading space should be provided for
each freestanding restaurant.
6. Loading area activities should not be
visible from a public street. Screening
should be complete and should match the
design of the building.
Wall, landscaping and
berms screen industrial
buildings and storage
Landscape
berm /bultezr
Rear Of side salba ka
26
7. Service Facilities include trash enclosures,
storage areas, utility cabinets, utility
meters, etc. Said areas shall be sited where
they will not create a nuisance for adjacent
uses.
8. Service facilities should be located and
designed for easy access by service vehicles
and each tenant.
9. Alleys, when available, should be used to
gain access to service entrances, loading
docks and refuse collection facilities.
ANDSCAPE ELEMENTS
1. Landscape elements include plant
materials, walls, site furniture, sun shelters,
lighting, fountains, art work and paving
materials.
2. Desirable landscape elements include:
Special features such as fountains and
art work
Pedestrian scaled lighting
Plant materials and structures that
provide shade, color and contrast.
Seating opportunities such as benches,
raised planters and walls.
3. It is desirable to make new development
look "established Planting new trees that
are older and better developed is viewed as
superior to planting small underdeveloped
saplings.
4. A mixture of 24 -inch, 36 -inch and 48 -inch
box trees, 5 and 15 gallon size shrubs and
ground cover should be used.
5. Planters and pots should be located where
pedestrian flow will not be obstructed.
Consider placing pots in locations where
deep building recesses exist, where access
is discouraged, to provide definition to
spaces and adjacent to blank walls to add
interest to architectural monotony.
6. Planters should be durable and have natural
earth tones that compliment the adjacent
architecture. Materials should consist of
cast stone, masonry or stucco materials.
7. In fully paved areas where tree planting is
needed, tree grates should be used. A
distinctive shape that combines a circle and
2/02 Commercial/Industrial Guidelines 27
(Ord. 2155 /Reso 6280)
square should be used, where possible, with
the square end adjacent o paving edges or
curbs. Tree openings should be expandable
to allow for tree growth.
8. Parking lots should include landscaping
that accents the importance of driveways
from the street, frames the major circulation
aisles, and highlights pedestrian pathways.
Driveways should have visual cues for
drivers such as distinctive landscaping and
directional signs.
9. Areas not occupied by buildings, parking or
commercial activities shall be permanently
landscaped with live plant materials.
Hardscape is permitted where pedestrian
activity occurs and in minor areas where
such application is appropriate. Permanent
landscaping shall consist of landscaped
areas at the ground level, in planters or in
potted containers.
10. Landscaping should be developed to
contain a combination of low, medium and
tall plant materials as appropriate. Low
planting should be used in the foreground,
proceeding back to the tallest in the
background.
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(Ord. 2155 /Reso 6280)
11. Plant materials must not be concentrated in
only one area but should be distributed
throughout the site.
12. When limited space is available, the use of
raised planters, window boxes, potted
plants and the installation of vines may be
solutions for area with limited open space.
e0fd®
ago 13
13. Blank walls are encouraged to incorporate
planters and or clinging vines to soften the
wall surface. The planting area should be
continuous and extend to an appropriate
height to ensure its effectiveness.
to
Cram up n•'aaa3urtocu3 cad
odd fr140t#st
28
14. Planting shall be used to soften or screen
parking, trash and service areas.
15. Flowering trees and colorful planting
should be used to accent vehicular and
pedestrian entries.
16. Deciduous and evergreen trees should be
used to provide a variety of texture, color
and form in planting areas.
17. Flowering trees, vines and shrubs and
unusual trees are encouraged as focal
points.
18. Decorative non screen walls should have a
minimum height of 18 inches and a
maximum height of 4 feet. The finish
materials and design should be compatible
with the architectural character of adjacent
buildings.
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(Ord. 2155 /Reso 6280)
19. For a clean, finished look and durability,
walls should incorporate a wall cap and
pilasters at entry points.
20. Whimsical gates and ironwork can reflect
the character of a business, restaurant or
encouraged to
details into the
project. Designs are
incorporate artistic
landscape.
21. Though landscape architects must be
careful not to overplant, design concepts
shall reflect spacing of plants which allows
for complete cover of planting areas in a
reasonable amount of time.
22. Semi permanent mulching such as bark is
not an acceptable groundcover solution.
Such bark shall not be used as an alterative
for ground cover or other landscape
material. Bark being used for moisture
retention and weed control is encouraged.
ITE AMENITIES
Site amenities form elements of commonality
which help to establish an identity of an area
and provide comfort and interest for its users.
The more common the element, the richer and
more identifiable the character becomes.
Individual site amenities within a non-
residential setting should have common
features, such as color, material and design to
provide a cohesive environment.
Seating
Seating is an important amenity to be provided
throughout the site. Benches are appropriate
within parks and plazas in intimate settings or
where flexibility in the location of the seating
is desired.
29
1. Seating in the public right -of -way should
be incorporated into the design of the other
streetscape furnishings.
2. Wood benches should use smoothly
finished, exterior grade members.
3. Benches should range from four (4) to eight
(8) feet in length. Intermediate arms are
recommended for longer benches.
4. Seating should be provided in plazas.
Where applicable, plaza users should be
provided with a choice between active (i.e.
watching goings -on) and passive (i.e.
private) seating.
5. Benches should not be used for any type of
advertising purposes.
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
Public Art
Public art may be considered as objects in our
environment for public use and enjoyment that
may display the following characters:
historic
aesthetic
functional
Public art can be found in the form of:
Sculpture
Monuments
Murals
Fountains
Ammenities such as seating, lights,
signs
Art associated with nonresidential buildings is
encouraged that invites participation and
interaction, adds local meaning, interprets the
community by revealing its culture or history,
and /or captures or reinforces the unique
character of a place is encouraged.
1. The setting of public art should be
considered in its design; likewise, the
impact of physical space and nearby
structures on public art should be
considered.
2. Freestanding pieces of art or sculpture
should be placed to avoid locations where it
would compete with a storefront or obstruct
a pedestrian path, create a traffic hazard or
compete with another piece of art or
sculpture.
3. Art should be deployed in concert with
other features, such as a plaza or
architectural features that acknowledge and
respond to the presence of the art and make
30
the art an integral part of site development
rather than a stand -alone object.
4. The selection and placement of the art
should be part of the design process, rather
than being left to the last minute as an
afterthought. By thinking of the location
placement and kind of art early on, this art
has the chance to inform and influence the
character of the overall development.
Bus Stops /Shelters
1. Bus stops /shelters should be integrated into
the setting through design of benches,
lighting and landscaping to create a sense
that the bus stop "belongs to" the
surrounding neighborhood.
2. Bus shelters shall be coordinated through
the Development Services Department
2/02 Commercial/Industrial Guidelines
(Ord. 2155 /Reso 6280)
31
ESIGN REVIEW
PROCEDURES
1. The Development Services Department
shall perform design concept review of
projects that do not require a modification,
conditional use permit, or zone variance.
2. Design concept review of projects that
require a modification, conditional use
permit or zone variance may be performed
by the body acting on such modification,
conditional use permit or zone variance.
3. Projects in excess of two (2) acres or
buildings in excess of 40,000 sq. ft. shall be
subject to design review by the Planning
Commission.
4. The Development Services Director or
designee, Modification Committee, or
Planning Commission may in its discretion
decline to review or determine the matter
and instead may refer it to the body which
would consider the matter as if an appeal
had been filed.
INITIATION OF DESIGN REVIEW
1. Preliminary Consultation. Preliminary
consultation shall be initiated by requesting
an appointment with the Development
Services Director or a designated
representative.
2. Design Concept Review. Design concept
review shall be initiated by an application
submitted to the Development Services
Department on a form approved and
containing information required by the
Development Services Director or designee.
The application shall include such plans
2/02 Commercial /Industrial Guidelines
(Ord. 2155 /Reso 6280)
and materials required for adequate concept
review.
3. Final Design Review. Final design review
of development plans shall be initiated
within one year of design concept approval
by submitting plans to Building Services
for plan check.
DESIGN CONCEPT REVIEW AND
APPROVAL
1. By Development Services Department. The
Development Services Director or his/her
designee shall review development plans
submitted for design concept approval
within thirty (30) working days of receipt,
and may approve, conditionally approve,
disapprove or return plans for revisions.
After each submittal of a complete
application, the City has thirty (30)
working days to review the plans. Within
five (5) working days after a decision,
notice shall be mailed to the applicant.
2. By Modification Committee, Planning
Commission or City Council. Concurrent
with the hearing of an application for a
modification, conditional use permit or
zone variance, the Modification Committee,
Planning Commission or City Council may
approve, conditionally approve or
disapprove the design concept plans.
FINAL DESIGN REVIEW AND
APPROVAL
1. The Development Services Department
shall review the final design as part of the
plan check procedure to ensure compliance
with the approved plans. The Development
Services Department may approve,
conditionally approve or disapprove said
plans.
32
2. If in the opinion of the Development
Services Director; the final plans are not
consistent with the previously approved
design concept plans, the Development
Services Director or designee shall refer
said plans to the body which had previously
acted on the design concept plans, for their
review and action. Said body may approve,
conditionally approve or disapprove said
plans. Within 5 working days after a
decision, notice of the decision shall be
mailed to the applicant.
FEE
Before accepting for filing any application for
design review, the City shall charge and collect
a fee, and the applicant shall pay to the City a
fee, in an amount established by resolution of
the City Council.
EFFECTIVE DATE
No permit or license shall be issued for any use
involved in an application for design review
until action on such application shall have
become fmal by reason of the expiration of
time to make an appeal (within 5 working days
after the date of decision).
EXPIRATION OF APPROVAL
1. Design Concept Approval. Design concept
approval shall expire one (1) year following
its effective date unless
a A building permit has been issued and
construction has commenced and been
diligently and continuously pursued; or
b. A certificate of occupancy has been
issued; or
c The approval is renewed.
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(Ord. 2155 /Reso 6280)
EXTENSION OF APPROVAL
The Development Services Director or
designee or the body that reviewed a project
may renew design concept approval or final
design approval for a period not to exceed one
year beyond the initial expiration date, upon
determining that the findings made remain
valid. An application for an extension shall be
made a minimum of thirty (30) days prior to
the initial expiration date and shall be
accompanied by payment of a fee in an amount
established by resolution of the City Council.
PLAN REVISIONS
The Development Services Director or
designee or the body that conducted design
concept review of a project may approve
changes to approved plans or in conditions of
approval upon determining that the changes are
minor and are consistent with the intent of the
original approval.
APPEAL
1. Appeals from the Development Services
Director's or designee's or Modification
Committee's decision shall be made to the
Planning Commission within five (5)
working days of the Development Services
Director's or designee's or Modification
Committee's decision and shall be
accompanied by payment of an appeal fee
in an amount established by resolution of
the City Council. A public hearing will be
scheduled not less than ten (10) calendar
days nor more than forty (40) calendar days
after the filing of an appeal.
2. Appeals from the decision of the Planning
Commission shall be made to the City
Council within five (5) working days of the
Planning Commission's decision and shall
be accompanied by payment of an appeal
33
fee in an amount estabished by resoution of
the City Council.
The City Council shall set a date for a
public hearing at its next regular meeting
after the filing of such appeal.
ENFORCEMENT
A. Building Permits. Building Permits shall
not be issued if conditions imposed under
the Architectural Design Review Procedure
are not satisfied.
B. Conditions. Non compliance with design
review requirements that are included as
conditions to discretionary land use
approvals of the City such as conditional
use permits, modifications and similar
actions, shall constitute grounds for the
suspension or revocation of such approval.
C. Misdemeanor and Public Nuisance.
Violation of any of the requirements of this
Ordinance shall constitute a misdemeanor
and a public nuisance pursuant to Sections
1200 and 1201 of the Arcadia Municipal
Code.
2/02 Commercial/Industrial Guidelines 34
(Ord. 2155 /Reso 6280)
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, October 26, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 26,
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
Chairman Parrille led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
ABSENT: None
OTHERS ATTENDING
Assistant City Manager /Development Services Director, Jason Kruckeberg
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planner, Lisa Flores
Senior Administrative Assistant, Billie Tone
Hogle- Ireland Consultant, Laura Stetson
Bon Terra Consultant, Kristin Keeling
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
There were none.
PUBLIC HEARING
1. GENERAL PLAN UPDATE
General Plan Update, Final Environmental Impact Report, Proposed Zoning Code
Amendments, and New Official Zoning Map
Mr. Kruckeberg and Ms. Flores presented the staff report.
Chairman Parri lle asked for questions from the Commissioners.
The Commissioners chose to first hear from the audience.
Chairman Pam le asked for questions from the audience.
Ms. Jane Yu, thanked the Commissioners for the opportunity to voice her concerns about
zoning for her property at 1012 S. First Avenue. She said that her family purchased their
home in 1988 and it was a nice, quiet neighborhood at that time. However, because her
property is surrounded by C -2 zoning, the neighborhood has seen some significant changes
with an auto repair shop and remodeled health club and swimming pool being added across
the street. Ms. Yu said that she is concerned that rezoning in the General Plan Update may
have a further negative effect, particularly in regard to noise.
Mr. Kruckeberg said there are no changes proposed in the General Plan Update for that
area. However, Mrs. Yu may want to consider requesting a noise evaluation of the area.
Ms. Beth Constanza, Executive Director of the Arcadia Chamber of Commerce, said that the
General Plan Update was very interesting and that it contained lots of good ideas but she
felt that the local business community should have been more involved in the development
of the Plan.
Mr. Kruckeberg pointed out that three members of the General Plan Advisory Committee
were also members of the Chamber of Commerce and that staff conducted several
workshops sponsored by the Chamber. In addition, there were two General Plan Update
meetings specifically for local realtors and business people. He noted that staff made a
concerted effort to involve local business people and to take their input into consideration.
MOTION:
It was moved by Commissioner Baderian to close the Public Hearing. Without objection the
motion was approved.
Chairman Perri Ile asked if the Commissioners had any questions.
Commissioner Baderian asked if water resources could accommodate the projected
population. Mr. Kruckeberg said that a water supply assessment is part of the
Environmental Impact Report and as a result of this assessment, staff has been assured by
all the suppliers of water for the city that the necessary resources will be available to
accommodate the projected population increase.
Commissioner Baerg asked about the proposed regulations for designated parking spaces
for accessory dwelling units. Ms. Flores explained the proposed regulations and how they
would apply to accessory dwelling units.
Chairman Perrille asked if parking regulations were reviewed for all uses or only for mixed
use. Mr. Kruckeberg said that only mixed use and R -3 zoning parking uses were evaluated
in the General Plan Update.
Commissioner Beranek asked how the Gold Line Station and parking structure will be
integrated into the General Plan Update. Mr. Wray explained that staff will conduct
inspections as construction proceeds on the Gold Line and that the city will design the transit
plaza in accordance with the plan envisioned for the city.
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Commissioner Chiao asked how the new policies in the General Plan Update would be
applied to a new development. Ms. Flores explained that any new development would be
subject to both the General Plan policies and zoning regulations and that both sets of
policies are designed to be compatible, with neither taking precedence.
Commissioner Baderian asked if Police and Fire resources would be able to accommodate
the projected growth and development in the city. Mr. Kruckeberg explained that this issue
was explored in depth with both Police and Fire officials to ensure that the policies of the
General Plan would allow them to meet their intemai needs and response time requirements
and that staff and Police and Fire officials were satisfied.
Commissioner Baerg noted that some of the parking back -up requirements in the R -3 zone
were reduced and he asked if the proposed regulations are similar to those in other cities.
Mr. Flores said that a survey revealed that the proposed regulations are, indeed, common in
the surrounding cities.
Chairman Perri lle asked about the proposed increase in density from 24 to 30 dwelling units
per acre in the R -3 zone. Mr. Kruckeberg said that developers in Arcadia often build fewer
units per acre than permitted and the proposed recommendation includes the establishment
of a minimum number of units to insure that R -3 lots are developed in accordance with R -3
expectations.
Commissioner Beranek asked about the future of horse racing in the city. Ms. Flores said
that the long term vision includes horse racing, but if it were not to continue throughout the
life of this plan, the replacement use should not compete with the existing mall or downtown.
Mr. Kruckeberg noted that horse racing could only be replaced with a world class project.
Commissioner Chiao asked about the proposed update of the zoning map. Ms. Stetson said
that the zoning map will be updated to be parcel specific and to make sure it corresponds
with the General Plan Update. In addition, the zoning map will be refined and modemized to
more efficiently reflect of the General Plan vision.
Commissioner Baderian noted that the General Plan Update includes a major statement on
the importance of bicycles and he asked for comments on this subject. Mr. Wray said that
the General Plan Update Circulation Element shows potentially good bike routes and that
this will be a useful tool in implementation of bike lanes and the pursuit of grant funding for
this purpose.
Commissioner Baerg asked if any of the state agencies that were notified of the EIR had
any problems with the plan. Mr. Kruckeberg said that 14 official replies were received from
various state agencies and that staff responds to all points raised in these letters. He noted
that none of these agencies expressed any concerns or suggested any inadequacies of the
city's responses.
Chairman Parrille asked if a desirable project is proposed next year that does not meet the
objectives of the updated General Plan can it still be accomplished. Ms. Flores explained
that if that occurred, the City Council would be able to consider a General Plan Amendment.
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Commissioner Beranek asked about the recommendations for Live Oak Avenue. Mr.
Kruckeberg said that a change in development standards to allow larger Tots to be
redeveloped with mixed use projects, the doubling of the floor area ratio, shared parking, etc.,
are some of the incentives recommended to encourage property owners to redevelop this
potentially attractive commercial corridor.
Commissioner Chiao asked how the plan addresses the projected increase in traffic in the
city. Mr. Wray pointed out that the EIR included traffic models of future growth and
recommended land use changes. Hot spot areas where roadways are expected to be
impacted by future growth were identified and mitigation measures were developed. In
addition, he added that staff will continue to enhance the traffic signal program.
Commissioner Baderian asked if the mitigation and monitoring program is reviewed yearly or
on a project -by- project basis. Mr. Kruckeberg explained that the program is reviewed
annually to ensure that growth is mitigated to a level that is not significant to the environment.
Commissioner Baerg asked what concerns were most commonly expressed by residents at
the community workshops. Ms. Flores said that many residents voiced concern about traffic,
parking and transportation in the downtown area. Mr. Kruckeberg added that comments on
the Gold Line were also prevalent and, of course, Tots of questions about the effect on each
individual's particular property.
Chairman Pamile asked where most of the proposed changes in the plan would occur. Ms.
Flores said most of the change would occur in downtown and the Live Oak area. Mr.
Kruckeberg said that the detailed implementation plan will serve as a key that allows the
Planning Commission and City Council to identify and assign priorities.
Commissioner Beranek mentioned that many residents have expressed concem related to
the size of single family homes and he asked how this issue is addressed in the Plan. Ms.
Flores explained that the General Plan Update does not specifically limit the size of a home
but provides policies that apply to the size, mass and compatibility of a home with the
neighborhood.
Commissioner Chiao asked if the projected growth will lead to significant impacts on the
Arcadia School District. Ms. Stetson said that representatives of the school district and PTA
have assured staff that projected growth can be accommodated. She also pointed out that
fees on new development support schools and insure that funds are available to
accommodate growth. In addition, school district officials can use the projections in the
General Plan Update in their own future planning.
Each Commissioner thanked staff on behalf of the entire community for their diligent efforts in
development of a thoughtful and inspiring vision to serve as a guide to future development.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve
the General Plan Update, the Zoning Map and certification of the FEIR with the project
requirements and mitigations outlined in the Mitigation Monitoring and Reporting program
(MMRP), the Statement of Overriding Considerations (SOC), the proposed changes in the
matrix, including staffs proposed changes of adding schools and school facilities as a
PC MINUTES
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Page 4
permitted use in the S -2 Zone, amending the Open Space Overlay to be a Base Zone, and
the additional corrections to the Draft Zoning Map.
ROLL CALL
AYES: Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
CONSENT ITEM
4. MINUTES OF OCTOBER 12, 2010
RECOMMENDATION: Approve the minutes of October 12, 2010.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to approve
the minutes of October 12, 2010 as presented.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille
NOES: None
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
Mr. Kasama asked the Commissioners about their availability for meetings during November and
December.
MODIFICATION COMMITTEE AGENDA
Chairman Parrille reported that MC 10 -29 for wall signs and MC 10 -32 for the addition of a
second story were both approved at the meeting this moming. A third item, TRH 10-01 and THE
10-20, for an oak tree that was removed without a permit and trenching that encroaches on a
neighbor's oak tree, were denied and forwarded to the City Attorney for action.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama said that the November 9 meeting will include review of a Business License
Revocation and a proposed project at Baldwin Plaza.
ADJOURNED
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
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