1 00:00:41,780 --> 00:01:11,440 Good morning. This is the time in place for zoning cases hearing for April 22nd, 2020. My name is Bradley Collin, and I will be conducting the hearing as a hearing officer. We have one case scheduled for today, and the relevant exhibits will be posted on the panel located directly behind the case planner. Due to the COVID-19 novel coronavirus and health recommendations from LA County Health Department, this hearing is being conducted. 2 00:01:11,440 --> 00:01:16,080 and publicly, public virtually with no members of the public present. 3 00:01:16,880 --> 00:01:21,220 The public is encouraged to watch and participate from the safety of their homes to practice 4 00:01:21,220 --> 00:01:22,100 social distancing. 5 00:01:22,700 --> 00:01:28,800 The meeting can be viewed on local cable TV and is being streamlined online at the city's 6 00:01:28,800 --> 00:01:33,580 website at www.glendaleca.gov. 7 00:01:34,480 --> 00:01:42,840 For public comments and questions during the meeting, please call 818-937-8100. 8 00:01:43,660 --> 00:01:48,660 Again, 818-937-8100. 9 00:01:50,320 --> 00:01:53,880 City staff will be submitting the questions and comments in real time to the appropriate 10 00:01:53,880 --> 00:01:54,420 person. 11 00:01:55,300 --> 00:01:59,320 I would also like to inform everyone that the official proceedings of the planning hearing 12 00:01:59,320 --> 00:02:04,960 officers hearing are being televised live and maybe viewed online in the city's website. 13 00:02:06,680 --> 00:02:11,260 Notification of this hearing was published by the use of public notices which were 14 00:02:11,260 --> 00:02:17,540 mailed to property owners and occupants located within 500 feet of the subject property 15 00:02:17,540 --> 00:02:21,460 physically posted on the site and question in place in the local newspaper. 16 00:02:22,440 --> 00:02:27,360 The hearing will proceed as follows. The case planner will make a brief overview of the case, 17 00:02:27,360 --> 00:02:30,240 give an analysis and make a recommendation. 18 00:02:31,220 --> 00:02:36,920 Next, the applicant will be asked to come forward, which will be done via phone. 19 00:02:37,840 --> 00:02:43,260 Stating name and address, and then they will give their presentation at that time. 20 00:02:43,940 --> 00:02:49,880 If there's anybody else that wishes to speak on the case, they will be then given that opportunity. 21 00:02:50,380 --> 00:02:54,660 Lastly, if needed, the applicant will be given an opportunity to make any closing comments. 22 00:02:55,240 --> 00:03:00,480 The hearing will be closed and the case taken under submission or a decision may be made. 23 00:03:03,220 --> 00:03:11,720 After the hearing, the decision will be prepared in writing and will be in the form of a letter sent to the applicant and to all persons who responded to the public notice, 24 00:03:12,080 --> 00:03:18,740 either by speaking at this hearing or by submitting written responses and have provided their name and mailing address. 25 00:03:19,220 --> 00:03:22,220 The date of the decision will be the date on the letter. 26 00:03:23,900 --> 00:03:33,260 Today's case is a conditional use permit under the provisions of Title 30, Chapter 30.42 of the Glendale Municipal Code. 27 00:03:33,880 --> 00:03:37,480 A conditional use permit shall be granted if the four required findings are present. 28 00:03:37,740 --> 00:03:43,340 They are, one, the proposed use will be consistent with the elements and objectives of the general plan, 29 00:03:44,020 --> 00:03:50,600 two, that the use and associated structures and facilities will not be detrimental to the public health or safety 30 00:03:50,600 --> 00:03:56,440 the general welfare or the environment, three, that the use and facilities will not adversely 31 00:03:56,440 --> 00:04:00,960 affect or conflict with the adjacent uses or impede the normal development of surrounding 32 00:04:00,960 --> 00:04:07,620 property. And fourth, that adequate public and private facilities such as utilities, landscaping, 33 00:04:07,860 --> 00:04:12,940 parking spaces, traffic circulation measures, are or will be provided for the proposed use. 34 00:04:14,000 --> 00:04:19,220 If the evidence presented in the application and at the hearing needs a criteria just describe, 35 00:04:19,220 --> 00:04:25,560 Then the hearing officer can either approve and pose conditions for approval on the case in question. 36 00:04:25,780 --> 00:04:30,320 If the findings in fact are not evident, then the request will be denied. 37 00:04:31,300 --> 00:04:45,540 The case we have before us today, as mentioned is the conditional use permit to allow the continued operation of a massage establishment in the downtown specific plan within the Alex Theater District. 38 00:04:45,540 --> 00:04:54,220 Described as Lot 44 and 45, the Glendale Park, Glendale Park Track, the City of Glendale, 39 00:04:54,820 --> 00:04:59,880 and the business is for Massage Envy at this time. 40 00:05:00,000 --> 00:05:29,860 Can we please have our staff presentation, please? Good morning, Mr. Collin and members of the public. My name is Cassandra Pruitt. I'm the case planner for the project. And as you mentioned, the application under consideration is a conditional use permit to allow the continued operation of massage envy and massage establishment located at 333 North Brand Boulevard. The case number is PCUP1918919 and the project is exempt from the California environmental 41 00:05:29,860 --> 00:05:32,460 mental quality act as a class one existing facility. 42 00:05:38,380 --> 00:05:41,940 Massage NV was established at this location in 2005, 43 00:05:42,520 --> 00:05:44,040 which was 15 years ago. 44 00:05:44,980 --> 00:05:46,600 At that time, massage establishments 45 00:05:46,600 --> 00:05:48,180 were not a permitted use in the zone, 46 00:05:48,500 --> 00:05:51,240 so the use was established by approval of a variance. 47 00:05:52,040 --> 00:05:54,020 That variance expired in 2008, 48 00:05:54,620 --> 00:05:57,340 and between 2008 and 2015, 49 00:05:57,940 --> 00:05:59,380 state law preempted cities 50 00:05:59,380 --> 00:06:01,340 from regulating massage establishments. 51 00:06:02,160 --> 00:06:08,000 Then in 2016, the city adopted an ordinance that required existing legal, non-conforming massage 52 00:06:08,000 --> 00:06:12,540 establishments, including massage envy, to apply for conditional use permit. 53 00:06:13,260 --> 00:06:16,960 Staff has been working with massage envy and we are now processing the conditional use 54 00:06:16,960 --> 00:06:17,260 permit. 55 00:06:18,260 --> 00:06:22,880 The staff report demonstrates that the four findings of fact for conditional use permit 56 00:06:22,880 --> 00:06:24,120 have been made for the project. 57 00:06:25,260 --> 00:06:30,020 As you described, the first finding of fact relates to consistency with the general plan. 58 00:06:30,020 --> 00:06:34,900 The land use element of the general plan designates the project as being located in 59 00:06:34,900 --> 00:06:39,980 the downtown specific plan, Alex Theater District, which is the area in white on this 60 00:06:39,980 --> 00:06:40,360 slide. 61 00:06:41,900 --> 00:06:47,400 This district features a variety of intimate-scale retail, restaurant, and service uses 62 00:06:48,000 --> 00:06:50,960 located within traditional storefronts. 63 00:06:51,800 --> 00:06:56,000 The massage establishment is consistent with the land use and provides a necessary service 64 00:06:56,000 --> 00:06:58,260 to residents, employees, and visitors in Glendale. 65 00:06:59,000 --> 00:07:02,920 It also maintains a pedestrian friendly store front which is consistent with the goals 66 00:07:02,920 --> 00:07:03,580 of the district. 67 00:07:06,500 --> 00:07:10,300 This slide of the floor plan demonstrates that in accordance with the downtown specific 68 00:07:10,300 --> 00:07:16,020 plan, the first 25 feet of tenant space is dedicated towards retail use in order to maintain 69 00:07:16,020 --> 00:07:18,780 a pedestrian friendly store front on this section of Brand Boulevard. 70 00:07:19,880 --> 00:07:24,740 The project is therefore consistent with the land use element of the general plan and with 71 00:07:24,740 --> 00:07:30,500 the recommended conditions of approval of approval pertaining to noise and safety, the 72 00:07:30,500 --> 00:07:35,460 project also complies with all other elements of the general plan. As such, the first finding 73 00:07:35,460 --> 00:07:36,380 of fact has been made. 74 00:07:38,800 --> 00:07:41,540 The second and third findings of fact relate to ensuring the 75 00:07:41,540 --> 00:07:46,300 use will not be detrimental to the public or environment and is compatible with surrounding 76 00:07:46,300 --> 00:07:51,620 uses and properties. The massage establishment has been operating at the site for 15 years 77 00:07:51,620 --> 00:07:53,880 without adversely impacting surrounding uses. 78 00:07:54,680 --> 00:07:58,020 The first floor of the building is occupied by retail and service uses 79 00:07:58,480 --> 00:08:00,640 and the second floor by general office uses. 80 00:08:01,360 --> 00:08:04,520 Therefore, no sensitive uses have been identified within the subject building. 81 00:08:05,860 --> 00:08:08,520 No relevant police reports are on file for the operation 82 00:08:09,000 --> 00:08:11,980 and the massage establishment uses a rigorous screening process 83 00:08:11,980 --> 00:08:13,520 to hire its massage professionals. 84 00:08:14,840 --> 00:08:16,980 Several conditions of approval have been recommended, 85 00:08:16,980 --> 00:08:20,240 which will ensure the ongoing operations of the business will not result 86 00:08:20,240 --> 00:08:21,740 and negative impacts to the neighborhood. 87 00:08:23,000 --> 00:08:25,720 Therefore, the second and third findings of fact have been made. 88 00:08:26,820 --> 00:08:30,720 The fourth finding of fact relates to ensuring adequate facilities exist for the use. 89 00:08:31,700 --> 00:08:34,700 The building has been used as a commercial building since 1923 90 00:08:35,380 --> 00:08:39,320 and no changes are proposed to the building that would result in it not having the necessary 91 00:08:39,320 --> 00:08:42,340 public and private facilities to continue operating as such. 92 00:08:43,160 --> 00:08:47,360 The building will continue to rely on a city parking lot behind the site for its parking needs. 93 00:08:47,360 --> 00:08:50,580 Therefore, the fourth finding of fact has been made. 94 00:08:53,860 --> 00:08:58,920 No public comments were received regarding this case, and the other city department comments 95 00:08:58,920 --> 00:09:03,720 included recommendations of standard conditions of approval that are typically imposed on similar 96 00:09:03,720 --> 00:09:04,280 projects. 97 00:09:05,960 --> 00:09:10,340 Given all of the information presented here and in the staff report and with the recommended 98 00:09:10,340 --> 00:09:14,380 conditions of approval, staff recommends the conditional use permit be approved. 99 00:09:18,560 --> 00:09:18,860 Thank you. 100 00:09:18,860 --> 00:09:19,100 Thank you. 101 00:09:21,910 --> 00:09:22,730 I have no question. 102 00:09:22,870 --> 00:09:23,390 Good presentation. 103 00:09:24,810 --> 00:09:26,890 I'm going to go ahead and open the public hearing. 104 00:09:29,420 --> 00:09:32,100 As of now, we have one caller. 105 00:09:35,860 --> 00:09:37,920 Hello, you're here. 106 00:09:38,080 --> 00:09:39,980 Please state your name and address for us, please. 107 00:09:40,840 --> 00:09:41,380 I'm sorry. 108 00:09:41,520 --> 00:09:42,100 You want to be the same. 109 00:09:42,220 --> 00:09:42,300 What? 110 00:09:42,620 --> 00:09:44,460 Your name and address, please, for the record. 111 00:09:44,460 --> 00:09:48,640 And then if you want to go ahead and give us your presentation, that'll be great. 112 00:09:50,380 --> 00:09:52,580 You want to say, this is for the occasion I used for. 113 00:09:54,540 --> 00:09:55,020 Go ahead. 114 00:09:55,060 --> 00:09:55,280 I'm sorry. 115 00:09:55,280 --> 00:09:55,320 Bye. 116 00:10:06,970 --> 00:10:07,490 Thank 117 00:10:09,540 --> 00:10:13,560 you. Did you want to go through your findings for the particular case? 118 00:10:22,700 --> 00:10:24,940 Okay. Did you want to present your findings? 119 00:10:28,530 --> 00:10:30,390 I'm not sure exactly what, 120 00:10:32,880 --> 00:10:48,360 I'm not sure what you're, what you're wanting. As part of the submittal that you made for the conditional use permit, you made four findings as submitted with your application. If you can kindly go through those. 121 00:10:48,360 --> 00:10:49,400 that will be helpful. 122 00:11:05,780 --> 00:11:09,840 Okay, are you, but you said you've read through the conditions of approval 123 00:11:10,920 --> 00:11:17,100 and you're comfortable with all of those as proposed by staff. I have some comments and some 124 00:11:17,100 --> 00:11:20,180 requests. Okay, and what are those? I'm 125 00:11:36,340 --> 00:11:39,060 speaking with. I'm sorry, this is Bradley Collin, I'm the hearing 126 00:11:39,060 --> 00:11:45,480 officer for today. Hi, Bradley. I wanted to find out. 127 00:11:55,080 --> 00:11:58,060 The conditional use permit is typically for 128 00:11:58,060 --> 00:12:23,040 Or uses that the city feels may have impacts to the surrounding area and they offer a procedure such as this to allow the public to comment on it whether in favor or opposition or if they have any questions and to make sure that the public is informed as to what potential uses may be coming into their area. 129 00:12:23,040 --> 00:12:28,380 If this is something that can be approved, typically conditions are placed on the project 130 00:12:28,380 --> 00:12:33,260 in an effort to make the project more compatible or consistent with the surrounding area. 131 00:12:46,360 --> 00:12:48,880 Typically, it's done on a case by case, 132 00:12:52,880 --> 00:12:55,780 but at this point, I think what I'm understanding 133 00:12:56,620 --> 00:13:01,340 with the staff report is that there's no proposed expiration on this application. 134 00:13:01,340 --> 00:13:06,780 Okay, ready to go ahead and make my comments for 135 00:13:08,820 --> 00:13:12,830 condition that we would like the option 136 00:13:12,830 --> 00:13:13,150 you 137 00:13:17,660 --> 00:13:17,980 pee. 138 00:13:25,170 --> 00:13:29,190 That's a standard condition, but I'm taking your notes down. 139 00:13:29,810 --> 00:13:33,510 Yeah, I'm not sure exactly how, you know, especially the expansion. 140 00:13:50,900 --> 00:13:55,200 Are you thinking, I'm sorry, are you thinking about possibly expanding to one of the other 141 00:13:55,200 --> 00:13:56,280 neighboring tenants' bases? 142 00:13:56,920 --> 00:13:58,780 It's been considered in the past 143 00:14:06,690 --> 00:14:07,670 and that's okay. 144 00:14:13,490 --> 00:14:17,570 There's possible two because a lot of times the parking requirements are based off the 145 00:14:17,570 --> 00:14:24,490 square footage of the tenant space and depending on if you were hypothetically to take over one 146 00:14:24,490 --> 00:14:30,310 of the neighboring tenants it may be something that requires additional parking and at that 147 00:14:30,310 --> 00:14:35,730 point staff likes to be able to evaluate that to make sure that we're still in compliance 148 00:14:35,730 --> 00:14:42,890 with the code requirements and that maybe you're hypothetically taking over the next five tenant 149 00:14:47,010 --> 00:14:47,510 If 150 00:14:51,060 --> 00:14:54,640 I was going to do an expansion, I'd have to go through planning anyway. 151 00:14:55,480 --> 00:14:59,960 Just through a tenant and proven for the building permit, but since the use of... 152 00:15:00,000 --> 00:15:05,940 Such that requires a conditional use permit, this is a typical condition. And 153 00:15:08,500 --> 00:15:08,960 if 154 00:15:11,170 --> 00:15:12,490 I was going, 155 00:15:42,570 --> 00:15:46,510 all right, we'll take that into consideration. You said you had some other questions? Yes, 156 00:15:49,920 --> 00:15:50,820 number 11. 157 00:16:19,680 --> 00:16:23,860 I've noted that down. And I guess that the last thing is 158 00:16:28,440 --> 00:16:30,120 always like a long with staff. 159 00:16:45,880 --> 00:16:48,100 That is already looks like taken into consideration. 160 00:16:52,080 --> 00:16:52,920 I want to thank. 161 00:17:03,780 --> 00:17:08,340 Okay. Thank you very much for calling in. Anything else that you need for me? 162 00:17:08,340 --> 00:17:13,800 No, I think I have a good understanding and I noted down the ideas or the suggestions 163 00:17:13,800 --> 00:17:14,640 that you've made. 164 00:17:15,360 --> 00:17:19,140 Yeah, we've been in an exemplant 165 00:17:23,840 --> 00:17:24,720 planning department, 166 00:17:32,910 --> 00:17:34,230 the Glendale Adventist Foundation 167 00:17:34,230 --> 00:17:34,650 Board. 168 00:17:35,810 --> 00:17:36,990 I mean, we are going 169 00:17:41,700 --> 00:17:42,800 to keep there as long as 170 00:17:46,220 --> 00:17:46,420 we can. 171 00:17:46,460 --> 00:17:46,660 Okay. 172 00:17:46,900 --> 00:17:47,140 Thank you. 173 00:17:47,220 --> 00:17:51,460 I appreciate your hearing and I look forward to the conclusions. 174 00:17:51,820 --> 00:17:51,940 All right. 175 00:17:52,060 --> 00:17:52,500 Thank you again. 176 00:17:52,680 --> 00:17:52,960 Take care. 177 00:17:53,080 --> 00:17:53,720 Bye-bye. 178 00:17:53,720 --> 00:17:54,280 We 179 00:17:59,400 --> 00:18:00,940 have no 180 00:18:03,340 --> 00:18:06,360 other callers at this time, 181 00:18:09,070 --> 00:18:33,490 as it relates to appeals for the project and the appeals provision title 30, chapter 30.62 of the Glendale Municipal Code, the decision may be appealed to the Planning Commission within 15 days of the date of the decision, anyone wishing to appeal may obtain forms and brochures on the procedures from building and safety section permit service center located on the same floor. 182 00:18:33,490 --> 00:18:41,410 this building. I'm going to take this under submission. And this is the end of the hearing. 183 00:18:42,350 --> 00:18:51,700 The meeting is now closed. It is 9.50 Wednesday.