HomeMy WebLinkAbout11-9-10MINUTES
ARCADIA BUSINESS PERMIT LICENSE REVIEW BOARD
AND PLANNING COMMISSION
Tuesday, November 9, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Business Permit License Review Board (BPLRB) and Planning Commission of the City of
Arcadia met in regular session on Tuesday, November 9, 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 Perrille led the Pledge of Allegiance.
ROLL CALL:
PRESENT: Board Members and Commissioners Baderian, Baerg, Beranek,
Chiao and Pantie
ABSENT: None
OTHERS ATTENDING
City Attorney, Steve Deitsch
Deputy Development Services Director /City Engineer, PhD Wray
Community Development Administrator, Jim Kasama
Business License Officer, Silva Vergel
Detective, Luis Vicuna
Associate Planner, Tom Li
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
A memo was distributed to the Commissioners regarding revised conditions of approval for
Item 2.
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE BLRB
AND /OR PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five- minute
time limit per person
There were none.
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.
Business License Officer, Silva Vergel, presented the staff report.
Chairman Parrille asked if the Board Members had any questions.
There were none.
At this point, Board Member and Commissioner Chiao joined the meeting.
The public hearing was opened.
Chairman Parrille asked if there was anyone who would like to speak in favor of this appeal.
Ms. Jinhong Ding, the owner of the business, spoke through an interpreter. She said she
employees a doctor at her businesses for eight hours per day but the doctor was out of the
country at the time of the inspection. She offered to provide proof of the doctor's
employment. Ms. Ding also said that the masseuses working for her all have Califomia
State licenses but not all have City licenses. She explained that in 2008 when she opened
her business, she applied for four masseuse licenses but was only granted three and that,
due to a series of circumstances, she has since been reduced to only one City license for
massage. Ms. Ding said that she has been in business in Arcadia for three years and that
her business required the services of additional masseuses. Since the City was no longer
granting licenses for new masseuses, she had to hire them even though she knew they
were not licensed. Ms. Ding said she has two spas in San Diego and that she has always
tried to comply with all rules and regulations in that city as well. She said that if the
revocation is upheld she would prefer to cancel her business license herself to avoid a
record of action being taken against her.
Board member Baderian asked Ms. Ding is she is the original owner of the business and if
so, was she given a list of regulations when she opened the business. Ms. Ding confirmed
that she is the original owner and that she had been given a list of regulations.
Board member Baderian asked Ms. Ding is she was aware of the requirement for a City
license for each masseuse. She said she was aware that they needed a City license and
she applied for a license for each of them but the licenses were not granted.
Board member Baderian asked Ms. Ding to confirm that she knowingly employed
masseuses who were not legally licensed. Ms. Ding agreed that this is the case.
Board member Baerg noted that according to the Police Report, Ms. Ding claimed that 50%
of the business is from massage services and 50% from acupuncturist services. He asked
Ms. Ding is this is accurate and she said that it is.
Board member Beranek pointed out to Ms. Ding that she earlier stated that the
acupuncturist was not present at the time of an inspection but, according to the staff report,
the acupuncturist was not present during 7 out of 12 inspections. Ms. Ding said that this is
not true, that in fact, the acupuncturist was there most of the time and was only away from
work for a little over a week. Ms. Ding further stated that she employs two acupuncturists,
Dr. Young and Dr. Moo, and that they both have the necessary licenses.
Board member Baderian asked Ms. Ding if an acupuncturist was always on site when
massage services were offered. Ms. Ding said yes, except for September 16 to October 7,
when he was not. Board member Baderian asked if massage services were provided during
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this time and Ms. Ding said yes, massage services were provided while the acupuncturist
was away.
Ms. Ding thanked the Board members for the opportunity to present her case. She said she
is very happy in the City and wants to continue doing business here and to comply with all
rules and regulations. Ms. Ding asked that if the revocation is upheld, she be permitted to
cancel her license herself to avoid creating a record that might have a negative affect on her
other businesses.
Chairman Parriile asked if there was anyone who wanted to speak in opposition to this
appeal.
There were none.
MOTION:
It was moved by Board Member Baderian to close the Public Hearing. Without objection the
motion was approved.
Board Member Baderian asked Mr. Deitsch what would be the ramifications of allowing the
appellant to cancel her business license herself rather then having the City revoke the
license.
Mr. Deitsch explained that a formal revocation would include a restriction on Ms. Ding
opening a new business in the City for a period of one year. If Ms. Ding cancels her
business license herself, there would be no such restriction.
MOTION:
Based on the information provided by staff and the business owner, it was moved by Board
Member Beranek, and seconded by Board Member Baderian, to deny the appeal and
uphold the revocation of Asiana Acupuncture's business license and deny the business
owner, a license to own or operate a business in the City of Arcadia for a period of one (1)
year.
ROLL CALL
AYES: Board Members Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
There is a ten (10) day appeal period after the appellant receives notice of the
approval/denial of the appeal.
PLANNING COMMISSION ITEMS
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
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square -foot commercial center.
Associate Planner, Tom Li, presented the staff report.
Commissioner Baderian asked if this project is in accordance with the commercial and traffic
plan elements of the proposed General Plan Update. Mr. Li explained that the proposed
General Plan Update does not include any changes to this area.
Commissioner Beranek noted that because of a previous Conditional Use Permit, the
applicant is allowed a shortage of 30 parking spaces and he asked if the traffic report was
reviewed by the City Engineer.
Mr. Wray said that the Engineering Division reviewed the report and that traffic mitigation
measures were incorporated into the plans and the conditions of approval and that the
proposed project complies with the City's Transportation Master Plan.
Commissioner Ching asked about the dedication of land along Duarte Road and Baldwin
Avenue. Mr. Wray explained that the additional land is for future plans to widen the street
and expand the width of the existing parkway. Commissioner Ching asked if this land is
now private property. Mr. Wray said that at present, it is privately held, but that it is being
dedicated now so that when the appropriate time comes to widen the street it can be easily
accomplished.
Commissioner Ching asked if the traffic study revealed any impact on Duarte Road or
Baldwin Avenue. Mr. Wray explained that impact to on -site circulation, access points and
the intersection itself were evaluated and the amount of traffic anticipated will not be enough
to create problems. Mr. Wray further noted that the conditions of approval include several
items designed to help ease the movement of traffic from the street.
Commissioner Ching asked about a right -tum -only sign to avoid queuing traffic while waiting
for those tuming left. Mr. Wray said that had been considered, but they felt it would not be
necessary and that, in fact, it result in more U -tums.
Chairman Parrille asked if the driveways access the subterranean parking. Mr. Wray
confirmed that all the driveways enable access to the subterranean parking area, but that it
will take time for people to get used to using it.
Mr. Wray explained that no problems are anticipated with the access to the parking. He said
that there are lots of driveways on Baldwin Avenue, but because of the low speed of traffic
there is little concern for accidents. He added that all individual parcels have a right to
access the street.
Chairman Parrille asked if other uses are proposed for this building. Mr. Li said that at
present only retail uses are proposed, however, in the future, restaurant uses may be
considered. He added that the addition of a restaurant would require approval of a
Conditional Use Permit.
Chairman Parrille asked about safety in the subterranean parking area. Mr. Li said that staff
has made recommendations to revise and improve traffic flow and the applicant has
incorporated these changes, therefore, staff believes the subterranean parking area will
provide a safe environment.
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Chairman Parrille asked if the possibility of ovemight parking and vagrants staying in the
subterranean parking structure had been considered. Mr. Li said these issues had not yet
been addressed.
Commissioner Baderian said that staff should follow up on the issue of security lights and
cameras when appropriate.
The Public Hearing was opened.
Chairman Parrille asked if anyone would like to speak in favor of this project.
Mr. Donald Mear of Pacific Design Group, represented the owner. He thanked staff for the
assistance provided on the project and said that he looks forward to a great project that will
enhance the area.
Chairman Parrille asked about security for the subterranean parking structure. Mr. Mear
said the owner will provide security on site during business hours, and after business hours
the gate will be closed and security cameras will be working.
Commissioner Baderian asked if the applicant had received the list of additional conditions
of approval. Mr. Meer said that they had and that they would comply with all conditions.
Chairman Parrille asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Beranek to close the Public Hearing. Without objection the
motion was approved.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve
Architectural Design Review No. ADR 09 -22.
ROLL CALL
AYES: Commissioners Baderian, Baerg, Beranek, Chiao and Parrille
NOES: None
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 the minutes of October 26, 2010.
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MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to approve
the minutes of October 26, 2010 as presented.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille
NOES: None
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
Mr. Kasama asked if all the Commissioners would be available for the November 23 meeting.
The Commissioners confirmed that they all expect to attend the November 23 meeting.
Mr. Kasama asked if the Commissioners would be available for the December 14 meeting.
Chairman Parrille said he will not be available for the Planning Commission meeting but will
attend the Modification Committee meeting in the morning. Commissioner Baerg and
Commissioner Chiao were not yet able to confirm their availability for the meeting.
Mr. Kasama noted that if three Commissioners were not available for the meeting, there would
not be a quorum and the meeting would have to be cancelled.
MODIFICATION COMMITTEE AGENDA
Chairman Parri lle reported that all three items on the agenda were approved.
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
Mr. Kasama said that the next agenda will include an appeal of an HOA decision on a porch
addition and another appeal on oak tree applications on Hacienda Avenue. In addition, there
may be two Conditional Use Permits; one for a martial arts studio and another for a tea house.
ADJOURNED
ATTES
Se,jry Planning Commission
rrti 1= nning Commission
7:55 p.m.
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