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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 /ate o /zoo o \3sves OaiAnP: A-ci 4cupc f(AY€ tivl1 -es.c l 4 9 g. k-Cu 1)1r Acar CA 9 /0c) C wa.�►.� AypeL (45 6(1,e5 Li ce.A„se_ 60: O EXHIBIT B1 o� 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 6/0E/OT ON 6/I Z/b saA 8/i I /ZI ON 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 MT dam stiff J t-kek% '60461 J ry P+'.)(91 DI NCx 4i,tt CA--\ Ogoi 00 tt T Cho G 4 mop 310, u c Jrh 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 (TMAA ,,t' r c` 5(1-1 4u IN) Ut Mb V RJ t- ES-632,c 4pPcUkit41 CV5 (A-4F 1 Go L Expires 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 Z 0 z cn W uu r i f, cc CC CC O- W p 0 Q. Z 0 12 cc cc co 0 z o 0< CC Ca reC 1 z 5:3 1— uj -3 cc a )1 Ord 11 1 1 5$ 133HS 3111J. f10011r11 101011103 'AMIN NOISTOldra VZYld NIPAIVEI DTI S311213d011d 00S I I 5 g t 15 r I 2 r AIMININ■ •levrinoxedret to I wow.... ..111 leer mentamalearrocatIrrau =Da 1 EXISTING BUILDING DATA BUILDING PERSPECTIVE FINAL PARKING DATA NEW BUILDING DATA VICINITY MAP SHEET INDEX SITE DATA SSW. IMITA 1.0 A N 31IS Z 0 z cn W uu r i f, cc CC CC O- W p 0 Q. 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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. loading areas.stwtild lw Create plazas'in located cattier el Ornclwe prominent locoilions: LI ,2i4 114, :arra _,..R _.n.• i Create plazas n prominent locations PROPERTY UNE Special :pavement and landscape enhancement al enlmnces 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. Building Massing in scale with existing buildings KEEP lOOFS1YLES PROVIDE VE iYCAL COISIStE1E WET WilVDOW6LR lfy'v INTEREST FORSHADOWINI EST PROVIDE CONSISTENT MASSING 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. MOM! PM11 711C l a 7 I{ lnld awning II enn.tnnl with tecNtlMOt bulrinQmmt lnegllrem ed &Dung aumly 7 OA POI tonddtM wW btllAn&Pr beMding tnnn OfitlVldgPd 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. A Oak+Creek, RL::'P ifi% 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 the business sonly. Sign snoula not Aio NaCaCl on ion al owning 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. 2/02 Commercial/Industrial Guidelines (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. 2/02 Commercial /Industrial Guidelines (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. 2/02 Commercial/Industrial Guidelines (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. 2/02 Commercial /Industrial Guidelines (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. PC MINUTES 10 -26-10 Page 2 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. PC MINUTES 10 -26-10 Page 3 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 10 -26-10 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 PC MINUTES 10-26 -10 Page 5