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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 BPLRD PC MINUTES 11 -9-10 Page 2 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 BPLRD PC MINUTES 11 -9-10 Page 3 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. BPLRD PC MINUTES 11 -9 -10 Page 4 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. BPLRD PC MINUTES 11 -9-10 Page 5 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. BPLRD PC MINUTES 11 -9-10 Page 6