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Welcome to the meeting of the Planning Hearing Officer. Meetings are broadcast live on cable channel 6 (GTV6) and rebroadcast throughout the week. Call (818) 548-4013 for program schedules. DVDs of the proceedings are available for purchase in the City Clerk’s Office by calling (818) 548-2090. Please turn off cellular phones and pagers while inside the Municipal Services Building, Room 105. In compliance with the Americans with Disabilities Act (ADA) of 1990, auxiliary hearing aids, sign language translation, and Braille transcripts are available upon request. Assisted listening devices are available same-day upon request. At least 48 hours (or two business days) notice is required for requests regarding sign language translation and Braille transcription services. If you have any question about matters on the agenda, or requests for assistance, please contact the Community Development Department at (818) 548-2115 during regular business hours.

DECEMBER 13, 2017 9:30 A.M.

(1) LOCATION: 1116 EAST BROADWAY CONDITIONAL USE PERMIT NO. PCUP 1725121

APPLICANT: Xiaohong Bin

BUSINESS NAME: Garden Spa

STAFF: Brad Collin

PROJECT DESCRIPTION An application for a Conditional Use Permit to allow the operation of a new massage establishment located at 1116 East Broadway, in a “C3”- Commercial Services zone, described as Por Lot 1, Block 24, Glendale Tract & por Lot 1 and Por lot 2, Tract No. 611 subject to the standards listed in GMC 5.64. ENVIRONMENTAL DETERMINATION The project is exempt from CEQA review as a Class 1 “Existing Facilities” exemption pursuant to State CEQA Guidelines Section 15301 as this is new business in an existing commercial tenant space proposing to offer massage services with no added floor area or modification to the façade.

Date Agenda Posted: December 6, 2017

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CITY OF GLENDALE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING HEARING OFFICER STAFF REPORT

CONDITIONAL USE PERMIT CASE NO. PCUP 1725121

MEETING DATE:

TO:

PREPARED BY:

ADDRESS:

BUSINESS NAME:

APPLICANT:

OWNER:

PROJECT PROPOSAL:

December 13, 2017

Planning Hearing Officer

Bradley Collin, Senior Planner

1116 EAST BROADWAY

Garden Spa

Xiaohong Bin, tenant

Roben Khatchaturian

A. Applicant Proposes: Conditional Use Permit to allow the operation of a massage establishment in the C3 - Commercial Services zone, subject to the standards listed in GMC 5.64.

8. CEQA Status: The project is exempt from CEQA review as a Class 1 "Existing Facilities" exemption pursuant to State CEQA Guidelines Section 15301 because this application is for a new business within an existing tenant space with no added floor area or change to the fa~de of the building.

C. Previous Permits for the Site: • Zoning Use Certificate No. PZUC 1328631 was issued on January 1, 2014, for

Paradise Spa. • Business Registration Certificate #03313271- massage services pending

decision of this CUP for Garden Spa - submitted 7/1/2017

D. Related Concurrent Permit Application(s): There are no other cases or active ' building permits being processed with this case.

E. Recommendation: Approve with conditions.

SITE CONTEXT

GENERAL PLAN: Community Services

ZONE: C3 - Commercial Service

DESCRIPTION OF EXISTING PROPERTY AND USES:

The subject massage establishment is located on the northwestern portion of an existing one story commercial center, addressed as 1114-1 124 East Broadway. The subject tenant space is about 1,274 square-feet and is one of 13 tenant spaces in the building. The commercial

Case No. PCUP 1725121 1116 East Broadway Avenue

center is located on the southwestern corner of East Broadway Avenue and Chevy Chase Drive. Currently, there are 117 parking spaces on-site.

The commercial center is surrounded by commercial uses to the north, across· Broadway Avenue, west, across an alley, and east across Chevy Chase Drive. Properties that are southeast of the subject property are zoned residential multi-family and are developed with multifamily dwellings and a church. The properties, to the south of the commercial center, across an alley, are developed with multi-family buildings that are accessed off of Chevy Chase Drive and East Harvard Street.

NEIGHBORING ZONES AND USES:

Zoning Existing Uses North (across

C3 -Commercial Services Zone One story commercial center Broadway Avenue) South

R 2250 - Medium Density (across an Multi-Family Residential Units alley) Residential

East, (across C3 -Commercial Services Zone One-story commercial buildings - auto Chevy R2250 - Medium Density service uses, multi-family dwellings, and a Chase Residential church. Drive} West (across C3 -Commercial Services Zone Two-story commercial building allev)

Project Site C3 -Commercial Services Zone One-story multi-tenant commercial ' building

COMMENTS FROM OTHER CITY DEPARTMENTS: No major concerns were received from the various city divisions/departments. Suggested conditions made by the Police Department and City Attorney's office are included in the draft conditions of approval.

BACKGROUND

Senate Bill 731 (SB 731 ), which was adopted by the State in 2008 and became effective in 2009, established a new statutory scheme for voluntary certification of massage therapists and practitioners by the California Massage Therapy Council (CAMTC). Under SB 731, for CAMTC certified massage therapists or practitioners, cities and counties were prohibited from imposing special zoning and land use requirements that were not applicable to other personal and professional services. This prohibition against regulating massage uses in SB 731 sunseted on January 1, 2015.

On September 3, 2011, Ordinance No. 5751 was adopted to reflect the changes imposed by SB 731 and replaced the conditional use permit requirement for massage establishments with a use permitted by right similar to other personal and professional service uses. The regulatory limitations imposed by SB 731 presented numerous challenges to enforcement efforts for cities and counties in the State, including Glendale. To address the challenges, the State Legislature

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adopted Assembly Bill 1147 (AB 1147). AB 1147 became effective on January 1, 2015 and amended SB 731 by restoring the cities' and counties' ability to regulate massage establishments through land use controls different than for other personal and professional uses.

On April 7, 2015, Interim Urgency Ordinance No. 5853 was adopted to impose a moratorium for 45 days on establishing new massage establishments. The moratorium was imposed to allow the drafting of new or amended land use regulations for massage establishments. On May 19, 2015, Ordinance No. 5858 was adopted to extend the moratorium on new massage establishments for a period of 10 months and 15 days. During the moratorium, staff reviewed the City's massage regulations in Titles 5 and 30 and in the Downtown Specific Plan to determine the necessary revisions, including revisions for consistency with State law.

On January 25, 2016, the City Council considered proposed revisions and amendments to Titles 5 and 30 of the Glendale Municipal Code 1995, and to the Downtown Specific Plan relating to permit, design and amortization standards for massage establishments, including necessary changes for consistency with State law. City Council adopted the ordinance requiring Conditional Use Permits for all massage establishments, as well incorporating unique standards developed in order to encourage the continued operation and the establishment of new legitimate massage uses. These proposed standards are listed in Section 5.64.160 - Massage establishment - Facility and operating requirements:

GMC Section 5.64.160 - Massage establishment - Facility and operating requirements. • Establishes spatial, design, and other similar standards for massage establishments. • Requires a minimum glazed area of 10 square feet to the exterior of the occupancy,

or to the interior area of a common hallway. • Requires that existing glazed areas exceeding the minimum dimensions remain in

place. • Requires that the glazing have a high visible light transmittance (Visible

Transmittance VT of 70% or greater similar to the rating for automobile windshields). • Requires that the glazing provide a clear, undistorted, and unobstructed view of the

massage establishment's interior space or reception area, when viewed at a distance of 10 feet or less from the glazing's exterior surface.

GMC Section 5.64.190 - Unlawful acts. • Prohibits a massage establishment from installing, using, or maintaining a material,

object, structure, or device inside or outside the massage establishment which blocks, obscures, or interferes with the view into the massage establishment's interior space or reception area.

The adopted ordinance also addressed existing massage establishments:

GMC Section 30.60.030 - Nonconforming Uses. • Requires existing legal nonconforming massage establishments to apply for a

conditional use permit on or before March 1, 2017, or otherwise discontinue operation immediately. Requires existing legal nonconforming massage establishments to be compliant with the requirements of Chapter 5.64 not requiring a building permit starting March 1, 2018.

• Requires existing legal nonconforming massage establishments to complete the requirements of the conditional use permit, the requirements in Title 30, the requirements in Chapter 5.64, and the requirements of the Glendale Building and

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Safety Code within 180 days from the granting of the conditional use permit for improvements requiring a building permit.

The subject use, "Garden Spa", is a new massage establishment that recently submitted their CUP application, in compliance with GMC 30.60.030.

REQUIRED FINDINGS OF FACT

Conditional Use Permit

Pursuant to Section 30.42.030 of the Glendale Municipal Code, a Conditional Use Permit for a massage establishment may be granted only if the following findings of fact can be made:

A. That the proposed use will be consistent with the various elements and objectives of the general plan.

B. That the use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment.

C. That the use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.

D. That adequate public and private facilities such as utilities, landscaping, parking spaces and traffic circulation measures are or will be provided for the proposed use.

ANALYSIS OF CONDITIONAL USE PERMIT REQUEST

The applicant is requesting approval of a conditional use permit (CUP) to operate a massage establishment in the C3 zone, in compliance with the recent amendments approved by City Council in January 2016 that require all existing, legal nonconforming and new massage establishments to apply for a CUP.

The most recent Zoning Use Certificate, at the subject tenant space (PZUC 1328631, issued on January 1, 2014 ), was to operate a massage establishment called Paradise Spa. That business has been replaced with the subject applicant, Garden Spa. Paradise Spa did not have a conditional use permit. While Garden Spa has applied for a Business Registration Certificate, it is on hold until a decision is rendered for its conditional use permit application.

The subject massage establishment will be consistent with the various elements and objectives of the General Plan for the area. The Land Use Element of the Glendale General Plan designates the subject site as Community Services. Personal service land uses, such as a massage establishment, generally offer a complementary element to surrounding uses. Massage establishments are an allowed use in the C3 - Commercial Service Zone, subject to the approval of a CUP. The subject site is in a commercial area along East Broadway Avenue and Chevy Chase Drive, which are identified as Minor Arterials in the Circulation Element. A massage establishment is a suitable use along a Minor Arterial. The subject use shall be required to comply with the City's Noise Ordinance (Chapter 8.36 Noise Control) and, as such, will be consistent with the Noise Element. No other elements of the General Plan, including the Open Space, Recreation and Housing Element will be impacted as a result of the massage establishment. Therefore, the proposed use is in keeping with the various elements and objectives of the General Plan.

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The applicant's request to operate a massage establishment in the C3 - Commercial Service Zone is not anticipated to be detrimental"to the public health or safety, the general welfare, or the environment, as conditioned. The subject site is located on the southwest corner of East Broadway Avenue and Chevy Chase Drive. The immediate vicinity of the subject site, along East Broadway Avenue and Chevy Chase Drive, is developed with a variety of commercial uses that includes retail, personal service and restaurant uses. The properties to the north, across East Broadway Avenue, and west are zoned and developed with commercial uses. The properties to the east, across Chevy Chase Drive, are zoned both commercial and multi-family residential and are developed as such. The properties to the south, across an alley, are zoned multi-family residential and are developed with multi-family dwellings. These multi-family properties are oriented toward the east, Chevy Chase Drive, and to the south, along Harvard Street. The subject business will be located within an existing tenant space, located in the northwest corner of the commercial center, almost adjacent to Broadway Avenue. Approval of the requested CUP application will not adversely impact nearby uses, nor impede the development of surrounding properties since these properties are already developed. No changes are proposed to the existing on-site building or site plan. The commercial building is oriented towards East Broadway Avenue and Chevy Chase Drive. There are two vehicle access ways to the property from East Broadway Avenue and Chevy Chase Drive.

Adequate public and private facilities such as utilities, landscaping and traffic circulation are provided for the site and the use. The project site is already developed and associated facilities are in place. A previous massage establishment, Paradise Spa, had occupied the subject tenant space and was open for approximately three years. Paradise Spa was nonconforming because the business did not have a conditional use permit. This is a new applicant for the same use and tenant space. The site contains 117 on-site parking spaces, which has proved to be adequate in accommodating patrons of the previous massage use as well as the commercial center.

The use meets the intent of the Zoning Ordinance of providing a personal service in the commercial neighborhood and will be beneficial for the public. There are no public parks, private schools or colleges, children's day care facilities or libraries in close proximity to the proposed massage establishment. However, while John Marshall Elementary School is located on the northeast corner of East Broadway Avenue and Chevy Chase Drive and Bethel Assembly of God church is located across Chevy Chase Drive and to the south, no impacts were incurred due to the previous massage establishment and non are anticipated for the new business. Neither the Glendale Police Department nor Neighborhood Services Division cited major concerns related to the proposed CUP and subject massage establishment.

The use must comply with all of the provisions set forth in Chapter 5.64 of the Glendale Municipal Code (Massage Establishments), as well as Chapter 10.5 of Division 2 of the California Business and Professions Code, Sections 4600 through 4621 (Massage Therapy Act), or any successor legislation. The conditions proposed for the Planning Hearing Officer's consideration will ensure that the proposed massage establishment will operate in a responsible manner. Full access to the premises must be made available to all City of Glendale representatives, including, but not limited to, personnel from Community Development Department, Neighborhood Services Code Enforcement Division, Police Department, and Fire Department, and Los Angeles County Department of Health Services representatives, upon request, for the purpose of verifying compliance with all laws, or verifying the conditions of this approval, or both. Failure to abide by or fully comply with any of the conditions of this CUP will constitute grounds for its revocation.

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RECOMMENDATIONS:

Staff believes that all of the findings for the Conditional Use Permit can be made in a positive manner, and therefore, recommends approval of this entitlement. Staff suggests the Planning Hearing Officer consider the attached draft findings and conditions of approval.

ATTACHMENTS: 1 . Location Map 2. Reduced Plans 3. Departmental Comments

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CONDITIONAL USE PERMIT NO. PCUP1703702 DRAFT FINDINGS AND CONDITIONS OF APPROVAL

A. The proposed use will be consistent with the various elements and objectives of the general plan.

The proposed use will be consistent with the various elements and objectives of the General Plan for the area. The applicant is seeking approval of a conditional use permit to allow the operation of a massage establishment. The Land Use Element of the Glendale General Plan designates the subject site as Community Services. Personal service land uses, such as a massage establishment, generally offer a complementary element to surrounding uses. Massage establishments are an allowed use in the C3 - Commercial Service Zone, subject to the approval of a Conditional Use Permit. The subject site is in a commercial area along East Broadway Avenue and Chevy Chase Drive that is suitable for this type of use. Further, East Broadway Avenue and Chevy Chase Drive are identified as Minor Arterials in the Circulation Element which is a suitable use along a minor arterial. The operation of the massage establishment shall be required to comply with the City's Noise Ordinance (Chapter 8 .36 Noise Control), and, as such, will be consistent with the Noise Element. No other elements of the General Plan, including the Open Space and Recreation and Housing Element will be impacted as a result of the massage establishment. Therefore, the proposed use is in keeping with the various elements and objectives of the General Plan.

B. The use and Its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment.

The use and its associated structures and facilities will not be detrimental to the public health or safety, the general welfare, or the environment. The facility is located on the southwest comer of East Broadway Avenue and Chevy Chase Drive. East Broadway and Chevy Chase Drive are comprised of commercial retail, vehicle repair garages, restaurants, and personal service uses, an elementary school, multi-family dwellings, and a church. Residential uses are located south of the subject site, across an alley. The previous massage establishment was in operation since 2014 without any impacts to the residential properties to the south and southeast. Approval of the conditional use permit will not adversely impact nearby uses, nor impede the development of surrounding properties since these properties are already developed. No changes are proposed to the existing on-site building or site plan. The commercial building is oriented towards and accessed from East Broadway Avenue and Chevy Chase Drive. The use meets the intent of the Zoning Ordinance of providing a personal service in the commercial neighborhood and will be beneficial and desirable for the public and the community.

There are no public facilities or hospitals in the neighborhood. In addition, there are no private schools or colleges, children's day care facilities or libraries in close proximity to the proposed massage establishment. However, while John Marshall Elementary School is located on the northeast corner of East Broadway Avenue and Chevy Chase Drive and Bethel Assembly of God church is located across Chevy Chase Drive and to the south, no impacts were incurred due to the previous massage establishment and non are anticipated for the new business. Neither the Glendale Police Department nor Neighborhood Services Code Enforcement Division cited major concerns related to the proposed conditional use permit.

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The use must comply with all of the provisions set forth in Chapter 5.64 of the Glendale Municipal Code (Massage Establishments); proposed conditions of approval are added to the project to ensure that the massage establishment will continue to operate in a responsible manner. Neither the Glendale Police Department nor Neighborhood Services Code Enforcement Division cited major concerns related to the proposed conditional use permit.

C. The use and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property.

The subject massage establishment and facilities will not adversely affect or conflict with adjacent uses or impede the normal development of surrounding property. No changes are proposed to the existing building as part of the CUP application. There are various types of commercial and residential uses in the surrounding area. Approval of the conditional use permit will not adversely impact nearby uses on this commercial street nor impede the development of surrounding properties since these properties are already developed. The massage use is not anticipated to draw major traffic or create conflicts with the adjacent uses and no substantial evidence was submitted to indicate that the facility would adversely impact existing facilities.

D. Adequate public and private facilities, such as utilities, parking spaces and traffic circulation measures are provided for the use.

Adequate public and private facilities such as utilities, landscaping and traffic circulation measures are provided for the site and the use. The project site is already developed and associated facilities are in place. There are 117 on-site parking spaces on the subject site, which has proven to be adequate to serve the existing businesses in this commercial center. Further, the project does not involve a floor area expansion.

APPROVAL of the Conditional Use Permit shall be subject to the following:

1. That the development shall be in substantial accord with the plans submitted with the application and presented at the hearing except for any modifications as may be required to meet specific Code standards or other conditions stipulated herein to the satisfaction of the Planning Hearing Officer.

2. That the business shall fully comply with the provisions in Chapter 5.64 of the Glendale Municipal Code (Massage Establishments), now in effect or as later amended; and Chapter 10.5 of Division 2 of the California Business and Professions Code, Sections 4600 through 4621 (Massage Therapy Act), or any successor legislation.

3. That full access to the premises shall be made available to all City of Glendale representatives, including, but not limited to, personnel from Community Development Department, Neighborhood Services and Code Enforcement Division, Police Department, and Fire Department, and Los Angeles County Department of Health Services representatives, upon request. for the purpose of verifying compliance with all laws, or verifying the conditions of this approval, or both.

4. That all necessary permits (i.e., building, fire, engineering, etc.) shall be obtained from the Building and Safety Division, if required to comply with the said provisions of Chapter 5.64, and all construction shall be in compliance with the Glendale Building Code and all other applicable regulations.

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5. That all necessary licenses as required from Federal, State, County or City authorities shall be obtained and kept current at all times.

6. That a Business Registration Certificate shall be obtained to reference this conditional use permit.

7. All employees who perform massage must be (California Massage Therapy Council) certified.

8. That the facility shall adhere to the City's Fresh Air (smoking) Ordinance.

9. That the premises shall be maintained in a clean and orderly condition, free of weeds, trash and graffiti.

10. That all signs displayed shall conform to the requirement of the Glendale Municipal Code.

11. That the operating hours of the massage establishment shall be only between the hours of 10:00 a.rn. to 10:00 p.m. each day of the week.

12. That the authorization granted herein shall be valid for a period of 1 O years, until December XX , 2027, at which time, a reapplication must be made.

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INTER-DEPARTMENTAL COMMUNICATION PROJECT CONDITIONS AND COMMENTS

Project Address: 1116 East Broadway

Project Case No.: PCUP 1725121

NOTE: Your comments should address, within your area of authority, concerns and potentially significant adverse physical changes to the environment regarding the project. You may also identify code requirements specific to the project, above and beyond your normal requirements. Applicant will be informed early in the development process. You may review complete plans, maps and exhibits in our office, MSB Room 103. We appreciate your consideration and look forward to your timely comments. Please do not recommend APPROVAL or DENIAL. For any questions, please contact the Case Planner ASAP, so as not to delay the case processing.

I COMMENTS:

D This office DOES NOT have any comment.

l&J This office HAS the following comments/conditions. D (See attached Dept. Master List)

Date: __ 10/30/17 _____ _

Print Name: Jackie Jouhairan __ Title: CSR Dept. __ N.S. Tel.: __ 3700

a. ADDITIONAL COMMENTS:

[&] 1. Obtaining the required Conditional Use Permit and Massage Establishment Owner Certificate would resolve Code Compliance Case #NBRCV1719054.

b. CASE SPECIFIC CODE REQUIREMENTS: (these are not standard code requirements)

c. SUGGESTED CONDITIONS: (may or may not be adopted by the Hearing Officer)

a 1.

Revised 17 October 2017--VE 2

INTER-DEPARTMENTAL COMMUNICATION PROJECT CONDITIONS AND COMMENTS

Project Project Address: 1116 East Broadway Case No.: PCUP 1725121 NOTE: Your comments should address, within your area of authority, concerns and potentially significant adverse physical changes to the environment regarding the project. You may also identify code requirements specific to the project, above and beyond your normal requirements. Applicant will be informed early in the development process. You may review complete plans, maps and exhibits in our office, MSB Room 103. We appreciate your consideration and look forward to your timely comments. Please do not recommend APPROVAL or DENIAL. For any questions, please contact the Case Planner ASAP, so as not to delay the case processing.

I COMMENTS:

1J This office DOES NOT have any comment.

~ This office HAS the following comments/conditions. C (See attached Dept. Master List)

Date:._....;O ___ ct=o __ b __ e __ r __ 30_.,i..::2=0;.:1.:.7 ______ _

Print Name: Michael R. Grant

Title: Principal Assistant City Attorney

a. ADDITIONAL COMMENTS:

a 1.

Dept. City Attorney's Office Tel.: x2080

b .. CASE SPECIFIC CODE REQUIREMENTS: (these are not standard code requirements)

a 1.

c. SUGGESTED CONDITIONS: (may or may not be adopted by the Hearing Officer)

1. Applicant shall fully comply with, and shall not violate, the provisions in Chapter 5.64 of the Glendale Municipal Code (Massage Establishments), now in effect or as later amended; and Chapter 10.5 of Division 2 of the California Business and Professions Code, Sections 4600 through 4621 (Massage Therapy Act), or any successor legislation.

2. Full access to the premises must be made available to all City of Glendale representatives, including, but not limited to, personnel from Community Development Department, Neighborhood Services Division, Police Department, and Fire Department, and Los Angeles County Department of Health Services representatives, upon request, for the purpose of verifying compliance with all laws, or verifying the conditions of this approval, or both.

3. Failure to abide by or fully comply with any and all conditions attached to, or made a part of, this Conditional Use Permit constitutes grounds for its revocation.

Revised 17 October 2017-VE 2

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