HomeMy WebLinkAboutP.H. 3 CUP 92-004 04-06-92PUBLIC HEARING N0. 3
4-6-92
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t = APRIL 6, 1992 V V �~
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
�•I`=CTAPPEAL OF CONDITIONAL USE PERMIT 92-004
RECOMMENDATION
It is recommended that the City Council uphold the Planning
Commission approval of Conditional Use Permit 92-004 by adoption of
Resolution No. 92-47, as submitted or revised.
BACKGROUND
On March 9, 1992, the Planning Commission adopted Resolution.No.
3010 approving Conditional Use Permit 92-004 which authorized the
establishment of a martial arts studio use to be located at 2923
and 2924 El Camino Real within the North Village of the Tustin
Market Place (Attachment A). On March 16, 1992, the Community
Development Department received an appeal of the Planning
Commission's action from a concerned Tustin citizen (Attachment B) .
The proposed site is located within the North Village of the Tustin
Market Place,* also known as the Entertainment Village. The proposed
martial arts studio will occupy two suites situated on the north
side of the Entertainment Village. The Entertainment Village
contains the Edwards Movie Theater, a number of restaurants,
Bookstar Book Shop, Tower Records and various retail stores.
Immediately adjacent to the site to the east is a Happy Nails, nail
salon; to the south, facing the south parking area is America's Cup
Yogurt shop and Busy Bee Chinese cuisine restaurant; to the west is
a vacant tenant suite; and to the north is the north parking area
and East Drive.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site and at the
Police Department. The applicant was informed of the availability
of the agenda and staff report for this item.
City Council Report
Appeal of Conditional Use Permit 92-004
April 6, 1992
Page 2
DISCUSSION
The submitted development plan proposes the establishment of the
martial arts studio use within two existing tenant suites. The
combined tenant spaces will constitute approximately 2,370 square
feet of floor area. The proposed floor plan for the martial arts
studio includes a reception area, open exercise area, two offices,
two locker rooms and restrooms.
The business hours for the facility will be as follows:
Monday - Friday 10:00 a.m. to 9:00 p.m.
Saturday and Sunday 10:00 a.m. to 5:00 p.m.
The martial arts studio is proposing to have 2 teachers instructing
at the facility with an average class size of approximately twelve
(12) people. The martial arts studio is proposing to offer five
(5) classes per day.
Pursuant to the approved Use Determination, parking is provided on
the site at a rate of one (1) parking space for every 150 -square
feet of lease space. These sixteen (16) parking spaces will be
located within the shared parking lot area of the Tustin Market
Place.
The appellant is not concerned with the establishment of a martial
arts studio use, but rather is concerned that proposed operator for
the martial arts studio is allegedly involved in practices [that]
might be detrimental to the morals and general welfare of the City
of Tustin and its citizens." This concern was not raised by the
appellant at the March 9, 1992 Planning Commission meeting but
rather was presented in letter form on March 16, 1992 to the
Community Development Department. This letter and associated
information has been included as Attachment B.
In the March 91 1992 public hearing, the Planning Commission
reviewed only the use - a martial arts studio use. It is not in
the Planning Commission's authority to review the proposed operator
of a use. In determining whether to approve the Conditional Use
Permit request, the Planning Commission was required to determine
whether or not the establishment of a martial arts studio use will
be detrimental to the health, safety, morals, comfort and general
welfare of the persons residing or working in the neighborhood of
the use; or whether the use will be injurious or detrimental to
property and improvements in the neighborhood or the general
welfare of the City.
City Council Report
Appeal of Conditional Use Permit 92-004
April 6, 1992
Page 3
Please refer to the Planning Commission staff report dated March 9,
1992 for additional information related to the project (Attachment
C) .
CONCLUSION
Based on the analysis provided in this report and review of the
conditions of the site and surrounding vicinity, it is recommended
that the City Council uphold the Planning Commission's approval of
Conditional Use Permit 92-004 by adoption of Resolution No. 92-47,
as submitted or revised.
K
S'.
Joann M.S. Perry r
Associate Planner
CAS:JP:nm/cup92004
Christine A. Shingle56n
Assistant City Manager
Community Development
Attachments: Resolution 92-47
A - Planning Commission Resolution
B - Letter from concerned citizen
C - Planning Commission Report CUP
No. 3010
92-004
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RESOLUTION NO. 92-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA UPHOLDING THE DECISION
OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, TO APPROVE CONDITIONAL USE PERMIT 92-
004, AUTHORIZING THE ESTABLISHMENT OF A
MARTIAL ARTS STUDIO USE IN THE PLANNED
COMMUNITY (PC), MIXED USE LAND USE CATEGORY
LOCATED WITHIN THE TUSTIN MARKET PLACE AT 2923
AND 2925 EL CAMINO REAL, TUSTIN.
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds•and determines as follows:
A. A proper application, Conditional Use Permit
92-004 has been filed by Donahue Schriber on
behalf of Karate Masters USA, Inc. requesting
authorization for the establishment of a
martial arts studio use in the Planned
Community (PC) Mixed Use land use category
located within the Tustin Market Place at 2923
and 2925 E1 Camino Real, Tustin.
B. A public hearing was duly called, noticed and
held by the Planning Commission of the City of
Tustin for said application on March 9, 1992,
at which time Resolution No. 3010 was adopted,
approving the project.
C. A proper appeal has been filed by Mr. Chang
Jin Kang appealing the adoption of Planning
Commission Resolution No. 3010 approving
Conditional Use Permit 92-004.
D. A public hearing was duly called, noticed and
held for said appeal on April 6, 1992.
E. The subject premise is located in the Mixed
Use land use category. The martial art. studio
use applied for is a conditionally permitted
use within the Mixed Use land use category
pursuant to the East Tustin Specific Plan and
the January 91 1992 Use Determination
regarding this location.
F: That the establishment, maintenance, and
operation of the use applied for will not,
under the circumstances of this case, be
detrimental to the health, safety, morals,
comfort, or general welfare of the persons
residing or working in the neighborhood of
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Resolution No. 92-47
Page 2
such proposed use nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the City of Tustin as evidenced by
the following findings:
1. The proposed martial arts studio use is
to be located in a existing shopping
center and would be compatible with the
other existing commercial retail and
restaurant uses within the center. The
use poses not significant impact, in that
there is a lack of sensitive land uses
adjacent to the site, such as residential
uses.
2. Adequate lighting is proposed for the
project for pedestrian and parking areas,
creating a safe environment for customers
and employees, which has been provided as
part of the center development.
3. Adequate parking is available on site to
provide parking for the current use
within the center and the proposed use,
which has been provided as part of the
center development.
4. The subject property will be required to
be maintained in a safe, clean and
sanitary manner, thus eliminating any
potential for unhealthful or injurious
site conditions.
5. The business hours for the proposed
martial arts studio use will be as
follows:
Monday - Friday 10:00 am to 9:00 pm
Saturday - Sunday 10:00 am to 5:00 pm
These hours would be compatible with the
existing commercial uses.
6. As conditioned, the applicant will post a
"No Loitering" sign to insure the well-
being of the customers of the martial
arts studio and customers of existing
surrounding uses within the center.
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Resolution No. 92-47
Page 3
G. That the establishment, maintenance and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, as evidenced by the
findings (F 3-6) stated above.
H. This project is Categorically Exempt from the
_ requirements of the California Environmental
Quality Act, pursuant to section 15301 (Class
1) .
II. The City Council of the City of Tustin hereby
upholds the Planning Commission's decision to
approve Conditional Use Permit 92-004 authorizing
the establishment of a martial arts studio use in
the Planned Community (PC) Mixed Use land use
category located within the Tustin Market Place at
2923 and 2925 E1 Camino Real, Tustin, subject to
the conditions contained within Exhibit A attached
hereto and incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the 6th day of April, 1992.
Charles E. Puckett, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
EXHIBIT A
CONDITIONAL USE PERMIT 92-004
CONDITIONS OF APPROVAL
RESOLUTION NO. 92-47
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped April 6,
1992 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the Tustin City Code and the approved
plans.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval- by the Community Development
Department.
(1) 1.3 Approval of Conditional Use Permit 92-004 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.4 This Conditional Use Permit approval shall become null
and void unless building permits are issued within twelve
(12) months of the date of this Exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
USE RESTRICTIONS
(5) 2.1 No more than 50 persons may occupy the premises at one
time, based on UBC occupancy requirements.
(3) 2.2 The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dBa, shall be observed on the
premises at all times.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 92-47
Page 2
(4) 2.3 Business hours shall be between the hours of 10:00 am to
9:00 pm Monday through Friday and 10:00 am to 5:00 pm on
Saturday and Sunday. Extension of these hours shall
require an amendment to the Conditional Use Permit.
(4) 2.4 "No loitering' signs shall be posted at the entrance of
the business or other specified location(s).
(4) 2.5 All lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
(1) 2.6 The subject property shall be maintained in a safe,
(4) clean and sanitary condition at all times.
PLAN SUBMITTAL
3.1 At building plan check the following shall be submitted:
(3) A. Three (3) sets of construction plans and two (2)
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B. Preliminary technical detail and plans for all
(3) utility installations including cable TV, telephone,
gas, water and electricity. Additionally, a note
on plans shall be included stating that no field
changes shall be made without corrections submitted
to and approved by the Building Official.
SITS AND BUILDING CONDITIONS
4.1 All signs for the project shall comply with the
Tustin Market Place sign program and shall be
submitted for review and approval by the Community
Development Department.
4.2 All utilities exclusively serving the site shall be
undergrounded in accordance with City Code Section
8402(a) and installed in accordance with applicable
Uniform Building and Electrical Code requirements.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-04r
Resolution No. 92-47
Page 3
FEES
(1) 5.1 Prior to issuance of any building permits
(3) shall be made of all re � payment
required fees including:
A. All applicable building
fees to the Community Development k and permit
Department.
B. Orange County Fire Department fees to the
Community Development Department.
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RESOLUTION NO. 3010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 92-004, AUTHORIZING THE ESTABLISHMENT
OF A MARTIAL ARTS STUDIO USE IN THE PLANNED
COMMUNITY (PC), MIXED USE LAND USE CATEGORY
LOCATED WITHIN THE TUSTIN MARKET PLACE AT 2923
AND 2925 EL CAMINO REAL, TUSTIN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. A proper application, Conditigip l Use Permit
92-004 has been filed by Donahue Schriber on
behalf of Karate Masters USA, Inc. requesting
authorization for the establishment of a
martial arts studio use in the .Planned
Community (PC) Mixed Use land use -category
located within the Tustin Market Place at 2923
and 2925 E1 Camino Real, Tustin.
B. A public hearing was duly called, noticed and
held for said application on March 9, 1992.
C. The subject premise is located in the Mixed
Use land use category. The martial art studio
use applied for is a conditionally permitted
�t use within the Mixed Use land use category
pursuant to the East Tustin Specific Plan and
the January 91 1992 Use Determination
regarding this location.
D. That the establishment,. maintenance, and
operation of the uses applied for will not,
under the circumstances of this case, be
detrimental to the health, safety, morals,
comfort, or general welfare of the persons
residing or working in the neighborhood of
such proposed use nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the City of Tustin as evidenced by
the following findings:
1. The proposed martial arts studio use is
to be located in a existing shopping
center and would be compatible with the
other existing commercial retail and
restaurant uses within the center. The
use poses not significant impact, in that
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Resolution No. 3010
Page 2
there is a lack of sensitive land uses
adjacent to the site, such as residential
uses.
2. Adequate lighting is proposed for the
project for pedestrian and parking areas,
creating a safe environment for customers
and employees, which has been provided as
part of the center development.
3. Adequate parking is available on site to
provide parking for thy,current use
within the center and the proposed use,
which has been provided as part of the
center development.
4.. The subject property will be required to
be maintained in a safe, clean and
sanitary manner; thus eliminating any
Potential for unhealthful or injurious
site conditions.
5. The business hours fQz the proposed
martial arts studio will be as follows:
Monday - Friday 10:00*am to 9:00 pm
tt Saturday - Sunday 10:00 am to 5:00 pm
These hours would be compatible with the
existing commercial uses.
6. As conditioned, the applicant will post a
"No Loitering" sign to insure the well-
being of the customers of the martial
arts studio and customers of existing
surrounding uses within the center.
E. That the establishment, maintenance and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, as evidenced by the
findings (D 3-6) stated above.
F. This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15301 (Class
1) .
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Resolution No. 3010
Page 3
II. The Planning Commission hereby approves Conditional
Use Permit 92-004 authorizing the establishment of
a martial arts studio use in the Planned Community
(PC) Mixed Use land use category located within the
Tustin Market Place at 2923 and 2925 El Camino
Real, Tustin, subject to the conditions contained
within Exhibit A attached hereto and incorporated
herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 9th day of March, 1992.
'ALDEN L. •
i
Chairman .
KATHLEEN CLANCY
Secretary ..
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF TUSTIN
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3010 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 9th day of
March, 1992.
KATHLEEN C NCY
Recording Secret ry
EXHIBIT A
CONDITIONAL USE PERMIT 92-004
CONDITIONS OF APPROVAL
RESOLUTION NO. 3010
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped March 9,
1992 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department'in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the Tustin City Code qRd the approved
plans.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Approval of Conditional Use Permit 92-004 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the. Director
of Community. Development.
(1) 1.4 This Conditional Use Permit approval shall become null
and void *unless building permits are issued within twelve
(12) months of the date of this Exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
USE RESTRICTIONS
(5) 2.1 No more than 50 persons may occupy the premises at one
time, based on UBC occupancy requirements.
(3) 2.2 The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dBa, shall be observed on the
premises at all times.
(4) 2.3 Business hours shall be between the hours of 10:00 am to
9:00 pm Monday through Friday and 10:00 am to 5:00 pm on
Saturday and Sunday. Extension of these hours shall
require an amendment to the Conditional Use Permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4 ) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 3010
Page 2
(4) 2.4 "No loitering' signs shall be posted at the entrance of
the business or other specified location(s).
(4) 2..5 All lighting and building locking devices added to the
premises shall meet those -requirements as set forth in
the Building Security Code.
(1) 2.6 The subject property shall be maintained in a safe,
(4) clean and sanitary condition at all times.
PLAN SUBMITTAL
3.1 At building plan check the following shall be submitted:
(3) A. Three (3) sets of construction plans and two(2
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B. Preliminary technical detail and plans for all
(3) utility installations including cable TV, telephone,
gas, water and electricity. Additionally, a note
or# #plans shall be included stating that no field
changes shall be made without corrections submitted
to and approved by the Building Official.
SITE AND BUILDING CONDITIONS
4.1 All signs for the project shall comply with the
Tustin Market Place sign program and shall be
submitted for review and approval by the Community
Development Department.
4.2 All utilities exclusively serving the site shall be
undergrounded in accordance with City Code Section
8402(a) and installed in accordance with applicable
Uniform Building and Electrical Code requirements.
FEES
(1) 5.1 Prior to issuance of any building permits, payment
(3) shall be made of all required fees including:
A. All applicable building plan check and permit
fees to the Community Development Department.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 3010
Page 3
JP:rYn
B. orange County Fire Department fees to the
Community Development Department.
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March 16, 1992
IL -DO
[7—Ta—e]Kwon-DO�
Association
3"9 W McFaddm
Santa Ca. 92704
?c! (714 775-5434
-- RECEIVED —
COMMUNITY UEVLEOPIWFNT
City of Tustin RE: Appeal Conditional
15222 Del Amo Ave.
Tustin, CA 92680 Use permit #92-004
Karate Masters, USA
Attention: Planning Commission and City Councel,
My name is Chang Jin Kang, concerned citizen of Tustin, and
owner of the IL -DO Taekwondo School located at 14220 Culver
Dr. in Irvine, CA 92714. I have been involved with martial
arts for almost 40 years and successfully operate 3
locations in Orange County for the past 11 years.
In regards to Item #4 of the Public Hearing held last
Monday, March, 9th, 1992, I would like to appeal the
decision made to allow Karate Masters, Inc. to open a
martial art studio in the Tustin Market Place because it
would be "detrimental to the morals, and general welfare of
the persons residing and working in the neighborhood and
detrimental to the general welfare of the City of Tustin
(I -D of resolution # 3010).
I would like to submit the following enclosed information
for your review, that was sent to me from Montgomery County,
Maryland, in regards to Bobby Jae Kim dba Kim's Karate:
1). Avidavit of Barbara B. Gregg (Executive Director of the
Montgomery County Office of Consumer Affairs)
2). Avidavit of Eric S. Friedman (Investigator in the
Montgomery County Office of Consumer Affairs).
3). Complaint for Enforcement of Administrative Subpoena
(Civil Action #85117)
4) Three letters written by Eric S. Friedman to Allen D.
Greif, Administrator for Bobby Jae Kim.
5). One complaint letter from Pablo Alfonso written to Joe
G i l o l ey of the Office of Consumer Affairs and h i s response.
6)-. One complaint letter written by Mrs. David D. Hall to
J. Kims Institute of Taekwondo.
/q?7-A0A1Av1L="7— T5 (Z7 srrn)
IL -Do
TTae-Kwon-DO
Association •
3649 W. McFadden
Santa sanCa..92704
?e - (714) 775--5434
In summary of the information above, within the past 2
years in the County of Montgomery: 10 complaints were filed
against Bobby Jae Kim dba Kims Karate, ranging from alleged
fraud, inducing consumers into signing contracts, collecting
monies from consumers in excess of the amount owed, unfair
and deseptive trade practices, and failure to comply with
a issued subpoena.
I am obviously concerned that the above practices might be
detrimental to the morals and general welfare of the City of
Tustin and its citizens. Futhermore, I am concerned that if
this type of alleged practices are allowed to continue here
and across the country, the good reputation of all Martial
Art Schools are at stake.
Please read all the enclosed documents, and contact the
Montgomery County Consumer Affairs Dept. at (301) 217-7673
and judge for yourself. Can the City of Tustin afford to
take the risk of this happening to its citizens?
Sincerely,:
Chan J i n an
17711 Anglin Ln.
Tustin, CA 92704
TEL
f`'laf- 1 , y f 1 z).:� riu . vvo r . , 1
�N THE CIRCUIT COURT FOR MON'T'GOMERY COUNTY, MARYLAND.
.y«3unman
MONTGOMERY COUNTY,
MARYLAND
Executive Office Building ;
101 Monroe Street, Third Floor
Rockvi l.le, Maryland 20850 COMMUNITY G�V�EOPi�ENT
Plaintiff
Civil Action No.
v.
J. KIM INSTITUTE OF TAE KWON
DO, INC.
t/a Kim's Carate -
Serve: nobby Jae Kim,
Resident Agent
9690 peereco Rd., f#805
baltimare, MD 21093
Defendant
GREGG
OF
AFFIDAVITOF BARBARA,BB
COMFLAIITF4RAOMIIsA SU POENA
i
I, Barbara B. Greg4• after having been duly sworn, do
state and depose as follows!
i. I am.now and, at all times referred to in the
Affidavit, -an adult, above the age of twenty-one ( 21. ) years, a
citizen of the United States and of the State of Maryland. I am
competent to make the following Affidavit and to testify from
personal knowledge to the matters contained herein.
2. At all timeo relevant hdrein, I have continuously
nerved as the duly appointed Executive Director of the
Montgomery County Office of Consumer Affairs (OCA) and am
charged by Section 11--2 of the Montgomery County Code, 1984, as
amended (the "Code"), with the responsibility Of investigating
EL No .
t,ia -• LJ JZ 1 D - J Z NL1 . UUP::
a►l.leged deceptive and unfair trade practices of merchants
conducting business in Montgomery County affecting consumers.
3. From 1989 to present, OCA has received complaints
from several consumers alleging that the J. Kim Institute of Ta(
Kwon Do, Inc. t/a Ki mt s Karate ("Defendant") has made
misrepresentations and omissions of material facts with respect
to consumer contracts; that Defendant has failed to give
consumers a copy of their contracts at the date of signature;
that Defendant has deceptively induced consumers into signing
contracts; and that Defendant is attempting to collect monies
from consumers in excess of the amount rightfully owed by virtue
Of consumers` cancellation of contracts. OCA i$ investigating
the allegations of consumers who have fled complaints as well
as the alleged unfair and deceptive tra' a practices of Defendant
which have affected or may affect all similarly :situated
consumers.
4. on July 11, 1991, 1 issued an administrative
subpoena requesting copies of all contracts between Defendant
and consumers who signed such contracts at Defendant's facility
in Rockville. Maryland between August 1, 1989 and January 31,
1991. The subpoena requested that the name And address of each
.
consumer written on each such contract must remain and appear on
the documentation submitted pursuant to the subpoena.
S. The production of documents requested by the
subpoena is relevant and Material to the investigation of OCA
now in progress.
- 2 -
I L L
Vial 1. ,) f .JL 1J • v'L 1YV . ll 1." 1-" 1 . L.
l s off i i
b, pefendant Failed to appear at the OCA► cats on
fore Se tembex 13, 1991, as
directed by the subpoena issued
or be P
on July 11, 1991 and served on Bobby Jae Kim on August 1, 1991.
Barbara B. Gregg
Executive Director
Office of Consumer Affairs
STATE OF MARYLAND
SSi
COUNTY OF MONTGOMERY
I HEREBY CERTIFY that on this %. '= day of::�..�:•-;•x.-L y .
1991, before me, personally appeared Barbara Gregg, known to me
or sufficiently identified to be the said
Barbara
ers Gregg,
in made oath in due form of ��� that
tcolrzect to the best of her
foregoing Affidavit are t
knowledge, information and belief. .A •-
....Notary Public
My Commission Expires:
0118.KAM:91.06295
KAM : S t
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t.�'.. •',�u� .__tom•'-ry-0.A�i..�l•�•�r�`�hV'j:a:`
.✓ IN THE CIRCUIT COURT rOR MONTGOMERY COUNTY, MARYLAND
MONTGOMERY COUNTY, MARYLAND
Executive Office Building '" RECEIVED r-
101 Monroe Street, Third Floor
Rockville, Maryland 20850 MAR 2 6 992
Plaintiff C01MMUNITY D£VLE0PjWEjyT
V. Civil Action No.
J. KIM INSTITUTE OF TAE KWON
DO, INC.
t/a Kim's Karate
Serve: Bobby Jae Kim,
Resident Agent
Agent
9690 Deereco Rd., #805
Baltimore, MD 21093
Defendant
AFFIDAVIT OF ERIC $._FRIEDMAN IN SUPPORT OF
COMPLAINT FOR ADMINISTRAT�.VE SUBPOENA
I, Eric S. Friedman, after havi g been duly sworn, do
state and depose as follows:
1. I am now and, at all times referred to"in the
Affidavit, an adult, above the age of twenty-one (21) years, a
citizen of the United States and of the State of Maryland. I am
competent to make the following Affidavit and to teati.ty from
personal knowledge to the matters contained herein.
2. At all times relevant herein, I have been
continuously employed as an Investigator in the Montgomery
County Office of Consumer Affairs (OCA). In this position, I am
responsible for investigating alleged deceptive and unfair trade
practices of merchants conducting business in Montgomery County
affecting consumers. These investigations are authorized by
I LL PJ� riasIRE,
• , y _ _ _ _ _ _ _ _
7 Y'•
section 11-2 of the Montgomery County Codd, 1984, an amended
(the "Code").
3. From 1989 to present, OCA has received complaints
from several consumers alleging that the Defendant in this
I
action, J. Kim Institute of Tae Kwon Do, Inc. t/a Kim's Karate,
I
has made misrepresentations and omissions of material facts with j
respect to consumer contracts; that Defendant has failed to give
consumers a copy of their contracts at the date of signature-
- i
that Defendant has deceptively induced consumers into signing
contracts; and that Defendant is attempting to collect monies
from consumers in excess of the amount rightfully owed by virtue
of consumers' cancellation of contracts. OCA is investigating
the allegations of consumers who have sled complaints as well.
- as the alleged unfair and deceptive tr de practices of Defendant
which Have affected or may affect all similarly situated
consumers. Ar
4. As pert of its investigation of the alleged unfair
and deceptive trade practices of Defendant, OCA issued an
administrative subpoena to Defendant on July 12, 1990. The
subpoena requested copies of all contracts between Defendant and
consumer Who signed such contracts at Defendant's Rockville,
Maryland facility between August 1, 1989 and January 31, 1990.
Defendant did not comply with that subpoena. In February 1991,
Plaintiff filed a Complaint in Circuit Court seeking enforcement
of that subpoena. That action was Montgomery C� unt.yV. Kim
Institute of Tae_. K on Do Inc._, Civil Action 69659 in the
Circuit Count. for Montgomery County, Maryland. Plaintiff
_ 2 _
V) f 1 D - D.4'. 1 `V U V V o f 1 i
voluntarily dismissed that complaint in response to Defendant's
contention that the subpoena was not properly served.
S. Laura Shifflett, Johnny Johnston and Eileen Campbell
are consumers as defined in Section 11-1 of the Code. Shifflett
in November 1989 alleged that Defendant attempted to collect
monies from her in excess of the amount rightfully owed by
virtue of her cancellation of a contract with Defendant.
Johnson in April. 1991 alleged that Defendant failed- to provide
him with a copy of the contract at the time his signature was
obtained and deceptively induced him into signing a contract.
Campbell in April 1991 alleged that Defendant committed several
misrepresentations and .omission$ of material facts with respect
to her contract.
6. A partial resolution of the;; complaints made against
Defendant by Johnson and Campbell has been made. At the
consumers' and OCA's request, Defendant has cancelled the
Johnson and Campbell contracts, but only after each consumer
made substantial payments to Defendant. Defendant has refused
to cancel Shifflett' s contract, despite the consumer's and OCA' s
request to do so. OCA continues to investigate the Defendant's
alleged unfair and deceptive trade practices which caused these
consumers to file complaints with OCA, as well as to determine
whether Defendant's alleged unfair and deceptive trade practices
have affected or may affect similarly situated consumers.
7. OCA has received a complaint against Defendant from
Dr. J. Sajjadi, who resides at 9437 Copenhaver Drive, Potomac,
Maryland 20854. According to the complaint, in Ootober, 1991,
3 -
TEL o r 1 I
Dr, SOJadi brought his two eons (aged 4 and 11 years old) to ,
Defendant's facility in Rockville. Dr. Sajjadi asked
i
Defendant's agent what the enrollment fees would be, but
Defendant's agent would not reveal that information until after
the boys participated in "testing" sessions on two separate
evenings. During the "testing" sessions, Defendant's agents
encouraged and enticed Dr. Sajjadi's 11 -year-old son to enroll
in Defendant's karate classes, and encouraged the Four-year-old
son to watch the classes until he became ready to enroll
himself. After encouraging Dr. Sajjadi's sons' enrollment_ and
participation, Defendant's agents agreed to disclose the fees
and costs of the programs. Dir. Sajjadi's 11 -year-old son
expressed a preference for a 48 -month program, which was offered
by Defendant at a cost of $1,680, or $35.00 per month. After
Dr, Sajjadi initially agreed to enroll his 11-ye•ar-old son in
the program, Defendant's agent stated that the entire $1,680
enrollment fee had to be paid in advance. Dr. Sajjadi objected
to payment of the entire enrollment fee in advance, and declined
to enroll his sons in Defendant's karate classes.
S. OCA believes that Defendant's failure to initially
disclose the fees and costs of their programs until after Dr.
Sajjadi's two children were encouraged to enroll or participate
in the program constitutes the failure to state a material fact
in violation of Code Chapter 11. OCA is investigatilig Dr.
Sajjadi's complaint, and seeks to determine whether the
Defendant's alleged unfair and deceptive trade practices have
affected or may affect similarly situated oonsumers .
- 4 -
I LL IVU i'lal 1 ti' a 1 •_ in _ v _
9. OCA has received a complaint againat Defandant from
Hermina Cumberland, who resides at 1714 January Drive, #203,
silver Spring, Maryland 20904. According to the complaint, on
August 31, 1991, Cumberland signed a contract with Defendant to
provide karate classes for her two daughters. The total
contract amount was $2,250, or $77.76 a month for 36 months.
The membership length was 36 months or upon attainment of the
black beat level, whichever came first. on September 3, 1991,
Cumberland notified Defendant that she was Cancelling the
contract, due to financial difficulties. Defendant has refused
to cancel the contract and has initialed collection efforts for
the total contract amount of $2,250 even though Cumberland's
daughters have never attended any class a.
10. OCA believes that Defendan�Vs contract with
Cumberland and other similarly situated consumers contain
invalid penalty clauses requiring payment of the entire balance
due regardless of -actual damages. The inclusion of invalid
penalty clauses and other deceptive languages in consumer
contracts are in violation of Code Chapter 11. OCA Is
investigating Me. Cumberland's complaint, and seeks to determine
w}jether the Defendant's alleged unfair and deceptive trade
practices have affected or may affect similarly situated
consumers.
11. On August 1, 1991, a :subpoena issued on July 11,
19.91 by OCA was served on the Resident Agent of Defendant, bobby.
Jae Kim. The subpoena was directed to Kim and requested that he
produce copies of all contracts with Consumers who signed such
5 -
I GL 1Vu .
III dl 1L' e _��I'Au
i
contracts at the Defendant's facility in Rockville, Maryland
between August 1, 1989 and January 31, 1991. The subpoena
stated that the name and address of each consumer written on
each such contract must remain and appear on the documentation
produced pursuant to the subpoana. The subpoena requested
production of the documentation at OCA no later than September
13, 1991. A copy of the subpoena is attached as Exhibit A to
Plaintiff's Motion for Summary Judgment.
12. The production of documents requested by OCA in the
July, 1991 subpoena is relevant and material to the Flailitiff in
the conduct of the investigation of -complaints of Montgomery
County consumers against Defendant filed with OCA and OCA's
related investigation which seeks to d1termine whether the
Defendant's alleged unfair and deceptive trader practices have
i
affected or may affect similarly situated consumers.
13. The July, 1991 subpoena adequately identifies for
Ar
Defendant the documents which are to be produced, and the time
and place for production. The subpoena gave the Defendant an
adequate and reasonable period of time to produce the documents
or otherwise to respond to the subpoena.
Y
14, The Defendant has failed to produce the documents
as requested in the subpoena by September 13, 19p9-,;
Eric S. Friedman r
Investigator
Office of Consumer Affairs
3
STATO OF MARYLAND ) i
se:
COUNTY OF MONTGOMERY )
I HEREBY CERTIFY that on this day of-+F•-���,
1991, before me, personally appeared Eric S. Friedman, known to
me or sufficiently identified to be the said Eric S. Friedman,
and made oath in due form of law that the matters contained in
the foregoing Affidavit are true and correct to the beat of his
knowledge, information and belief.
otary Public "
My Commission Expires:f�
0121.KAM:91.06295
KM: St
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i
IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND
MONTOOMERY COUNTY, MARYLAND
Executive -office Building
101 Monroe Street, Third Floor s
Rockville, Maryland 20850
Plaintiff
V.
J. KIM INSTITUTE OF TAE KWON
DO, INC.
t/a Kim's Karate
Serve: Bobby Jae Kim,
Resident Agent
9690 Deereco Rd., #805
Baltimore, MD 21093
Defendant
COMPLAI
RECEIVED
rAR1oi92-
COMMUNITY DEVLEOp MEjyj
Civil Action No. Q 511
O
OF ADMINISTRATIVE
Plaintiff Montgomery County, Mayland, by and through
its undersigned counsel, files this Complaint for Enforcement of
an Administrative Subpoena and states as follows:
1. The jurisdiction of this Court is based on'Chapter
11, Section 11-2, 11.-7A and 11-9, Montgomery County Code, 1984,
as amended (the "Code"). Chapter 11 of the Code is the consumer
protection law of Montgomery County, Maryland.
2. Plaintiff Montgomery County, Maryland, is a public
body, corporate and politic; which is required by the
Constitution and laws of the State of Maryland to uphold and
enforce the laws and ordinances of Montgomery County.
3. The Montgomery County Office of Consumer Affairs
"OCA") is an administrative agency of Plaintiff, Montgomery
County, Maryland, created under the provisions of*section 11-2
TEL '.11) .
11ar `-11,92 15:32 No . uu8 . C)-
.' •.',,�"-':: .a ' the' Code, with the power, jotpr &Ila, to receive and
investigate Consumer complai.nte and initiate its own
investigation of deceptive and unfair trade practices, and to
issue summonses to compel the attendance of witnesses and compel
the production of documents, papers, books, records and other
evidence in any matter over which the aforesaid law applies.
4. Defendant J- Kim Institute of Tae Kwan Do, Inc. t/a
Kim'a Karate ("Defendant") is a merchant, as defined in Section
11--1 of the Code, and has engaged in the business of providing
karate lessons to consumers in Montgomery County, Maryland.
S. OCA has received complaints from consumers against
Defendant regarding Defendant's business practices. OCA is
investigating the allegations of consumers who have ;filed
complaints. Based on those complaints,_ OCA has also initiated
its own related investigation to determine whether the alleged
unfair and deceptive trade practices of Defendant have affected
or may affect similarly situated consumers. Specifically, OCA
is investigating allegations that Defendant has made
misrepresentations and omissions of material facts with respect
to consumer contracts; that Defendant failed to give consumers a
COPY of their contracts at the time of signature; that Defendant
It
has deceptively induced consumers into signing contracts; and
that Defendant is attempting to collect monies from consumers in
excess of the amount rightfully owed by virtue of consumers'
cancellation of contracts,
w
6. As part of its investigation of the alleged unfair
and deceptive trade practices of Defendant, OCA issued an
- 2
C_L_ "oU . alar "J.:) , �)Z i D Z)2 V40 . UUd F . U4
a dministrative subpoena to Defendant on July 12, 1990. They :l
subpoena requested copies of all contracts between Defendant and
consumers who signed such contracts at Defendant's Rockville,
1
Maryland facility between August 1, 1989 and January 31, 1990.
Defendant did not comply with that subpoena. in February 1991,
Plaintiff filed a complaint in Circuit Court seeking enforcement
of that subpoena. That action was Montgomery County v. J. KIm
Insti.tute_o„ f Tae Kwon Do_,_ Inc„ , Civil Action 69659 in the r
Circuit Court for Montgomery County, Maryland. Plaintiff
voluntarily dismissed that complaint in response to Defendant's y
contention that the subpoena was not properly served.
1
7. On the basis of OCA's continuing investigation of
the Defendant's alleged unfair and dec+ti.ve trade practices
involving Montgomery County consumers, �CA on July 11, 1991
issued another administrative subpoena to the Resident Agent of
Defendant, Bobby Jae Kim. The subpoena requested that Defendant
produce copies of*al.l contracts with consumers who signed such
contracts at the Defendant's facility in Rockville, Maryland
between August 1, 1989 and January 31, 1991. The subpoena
stated that the name and address of each consumer written on
each such contract must remain and appear on the documentation
produced pursuant to the subpoena. The subpoena requested
production of the documentation at OCA no latex than September
13, 1991. After numerous attempts by a private process server,
the eubpoena was finally personally served upon Kim on August 1,
1991.
3 w
I LL JXU
989 to the present date, OCA has received
8. From 1
complaints against Defendant from five consumers as defined in
.section 11-1 of the Code. Three of the consumer complaints were
received prior to issuance of the July, 1991 subpoena to
Defendant. Laura Shifflett in November, 1989 alleged that
Defendant attempted to collect monies from her in excess of the
amount rightful.lY owed by virtue of her cancellation of a
contract with Defendant. Johnny Johnson in April, 1991 alleged
that Defendant failed to provide him with a copy of the contract
at the
time his signature was obtained and deceptively induced
him into signing a contract. Eileen Campbell in April, 1991
alleged that Defendant, committed several misrepresentations and
omissions of material facts with respect to her contract.
.�
- 9. A partial resolution of thol complaints made against
Defendant by Johnson and Campbell has been made.= At the
_
consumers' and OCA' s request, Defendant has cancel�.ed the
Johnsen and Campbell contracts, but only after each consumer
made substantialpayments a ents to Defendant. Defendant has refused
to cancel Shiffl.ett's contract, despite the consumer's and OCA's
request
to do so. OCA continues to investigate the Defendant's
alleged unfair and deceptive trade practices which caused thence
consumers to file complaints with OCA, as well as to determine
whether Defendant's alleged unfair and deceptive trade practices
affected similarly situated consumers.
10. rol.lowing OCR's issuance of the July, 1991
subpoena, OCA received complaints from two additional. consumers
- 4 -
I LL J10 V I a f
and
against' Defendant regarding Defendant's alleged unfair
deceptiva business practices.
11. The complainant, Dr. J. sajJadi, is a consumer as
defined in Section 11-1 of the Code. In October, 1991, Dr.
Sajjadi brought his two sons (aged 4 and 11 years old) to
Defendant's facility in Rockville. Dr. Sajjadi asked
Defendant's agent what the enrollment fees would be, but
Defendant's agent would not reveal that information until after
the boys participated in "testing" sessions on two separate
evenings. During the ,testing" sessions, Defendar;�Os agents
encouraged and enticed Dr. Sajjadi's 11 -year-old son to enroll
in Defendant's karate classes, and encouraged the four-year-old
son to Watch the classes until he became ready to enroll
himself. After encouraging Dr. SaJJadQs sons' enrollment and
participation, Defendant's agent agreed to disclose the fees and
costs of the programs. Dr. SaJJadi's 1 1- year- old ,son, expressed
aprefe . rence for •a 48 -month program, which was offered by
Defendant at a cost Of $1,680, or $35-00 per month. After Dr.
SaJJadi initially agreed to enroll his 11 -year-old son in the
P
rogram, Defendant's agent stated that the entire $1,680
enrollment fee had to be paid in advance. Dr. Sajjadi objected
to payment of the entire enrollment 1. fee in advance, and declined
to enroll his sons in Defendant's karate classes.
12. OCA avera'that Defendant's failure to initially
dieclOSe the fees and costs Of their programs until after Dr.
Sajjadi'o two children were encouraged and enticed to enroll or
P
articipate in the program constitutes the failure to StAte a
I t L ---
i
material fact in violation of Code Chapter 11. OCA le
investigating Dr. $a j j adi.' s complaint, and seeks to determine j
whether the Defendant's alleged unfair and deceptive trade '
practices have affected or may affect similarly situated i
consumers. i
13. The complainant, Hermina. Cumberland, is a•consumer
i
as defined in Section 11-1 of the Coda. On August 31, 1991,
Cumberland signed a contract with Defendant to provide karate
classes for her two daughters. The total contract amount was
$2,250, or $77.76 a month for 36 months. The membership leizgth
was 36 months or upon attainment of the black belt level.,
whichever came first. On September 3, 1991, Cumberland notified
Defendant that she was cancelling the +ntract, due to financial
difficulties. Defendant has refused tol cancel the contract and
has -initiated collection efforts for the total contract amount
of $2,250 even though Cumberland's daughters have never attended
any classes.
14. OCA avers that Defendant's contract with Cumberland
and other similarly situated consumers contain invalid penalty
clauses requiring payment of the entire balance due regardless
of actual damages. The inclusion of,invalid penalty clauses and
other deceptive language in consumer contracts are in violation
of Codes Chapter 11. OCA is investigating trig. Cumberland's
lint and seeks to determine whether the Defendant's !
compl ,
alleged unfair and deceptive trade practices have affected or I
may affect similarly situated consumers. I
W 6
I E L 4 U Q Q
15. The production of documents requested by OCA In the
July 11, 1991 subpoena served upon Defendant is relevant and
material to Plaintiff's investigation of complainto of
Montgomery County consumers against Defendant filed with OCA and
OCA's related investigation which seeks to determine whether the
alleged deceptive and unfair trade practices of Defendant have
affected or may affect similarly situated consumers.
16. The subpoena adequately identified for- Defendant
the documents which are to be produced, and the time and place
forproduction. The subpoena gave the Defendant an adequate and
reasonable period of time to produce the documents or otherwise
to respond to the subpoena.
17. The Defendant has failed to produce the documents
-.
requested in the subpoena by September :13 , 1991, and has failed
to make any alternative arrangements with OCA to -comply with the
july 11, 1991 subpoena.
18. Plaintiff believes and therefore avers that
Defendant with full knowledge failed to comply With a lawful
summons issued pursuant to Section 11-2(b) of the Code.
WHEREFORE, the Plaintiff, Montgomery County, Maryland,
respectfully requests that;
1. Defendant be required, commanded and ordered to
produce Copies ofall contracts between Defendant and consumers
who signed such contracts at Defendant's place of business in
Rockville, Maryland., between August 1, 1989, and January 31,
1991. The name and address of each consumer written on each
such contract must remain and appear on the produced
7
documentation. This documentation in to be provided to the
Office of Consumer Affairs for Montgomery County, Maryland, at a
dato and time established by this Court; and
2. For such other relief as the nature of this case may
reguire and as this Court may find just and proper.
Respectfully submitted,
JOYCE R. STERN -
COUNTY ATTORNEY
Patricia P. Hines
Associate County Attorney
K r n --Ann Melehy
Assist 'nt county Attor Cy
1
Attornee,ys for Plaintiff
Montgomfery County, Maryland
ExecutiVG office =8ui Wing
101 Monroe Street, Third Floor
Rockville, MD 20850
(301) 217-2600
0116.KAM:91.06295
KAM s at
loo Maryl tnd "Avenue . Third Floc,
aockville, Maryland 20850
• 301-217-7373
S -8 E- 0 £
�•- •.%
INVatIGATIOW, INTO MONTGOMERY COUNTY, MAhifflD, OFFICE OF CONSUMER
AFFAIRS COMPLAINT NOs. 55984NMM, Laura S
Terrace, Rockville, Maryland 20850, 67247NC6, Johnny Johnson, 3901
Chesterwood Drive* Silver Spring* Maryland 209069 6676ONC6, Eileen
Campbell, 730 Clopper Road, Gaithersburg, MD 20878 and all other
similarly situated consumers.
TO: Bobby Jae Kim
Resident Agent For:
J. Kim Institute of Tae Kwon Do., Inc.
t/a Kim's Karate
1615 York Road
Lutherville, Maryland 21093
PURSUANT to Section 11-2 of ti�sM�st9nvestiCatiny�thee1984, as
compla.ints
amended, the awelleasfallnother similarly situatedconsumersregarding
identified as we
unfair and deceptive trade practices. Ms. SKimfsKarate
ealleging that
J. Kim Institute of Tae Kwon
the amount rightfully owedbting
yto collect monies from her in excess o
virtue of her cancellation of a contract with J. Kim Institute of Tae
Kwon 00. IAC. Mr. Johnson is alleging that �J. Kim
him Institute co Tae
Kwon Do, Inc. t/a Kim's Khistes failed to si nwaspovide�btained and deceptively
of
the contract at the timesignature
induced the consumer into signing a contract. Eileen Campbell is
alleging that J. Kim Institute of Tae Kwon Do. Inc. tta Kim's Karate,
committed several misrepresentations and omissions of material facts
with respect to her contract. .
Atcordingly,' you -are hereby directed to produce the following
documents:
Copies of all contracts between J. Kim Institute of Tae Kwon Do.
Inc. t/a Kim's Karate, and consumers who signed such contracts at the
J. Kim Institute of Tae Kwon Do. Inc. facility in Rockville, Maryland
between August 1, 1989 and January 31, 1991• The name
and address
of
on
each consumer written on each
contract
thismust
rsubpoena:,This appear
the documentation submitted pursuant
documentation is to be provided to the Office of nConsumer Affairs,
100
Maryland Avenue, Room 330, Rockville, MO 850olater
September 131, 1991.
This subpoena is issued this 11th day July.
l9Countuao
the authority granted by Section 11-2(b) 0fthe Montgomery y Code
1984, 4s amended. f
-.-�
Barbara S. Gregg, Director •'
Office of Consumer Affairs for
Montgomery County, Maryland
Issued: July 11.
Served by:
Date:
1991
TEl- No . (`'1at- 1J �j lD DU fVu . uU., r . u:)
/no11 Coun GDvemmenL{
c ECEm
March 5, lyyi'� b !242
COt/RA 1N1TY OLVLEOpMEp r
Allen D. Greif, H'.squire
22 W. Allegheny Avenue, 4th Floor
Towson, Maryland 21204
Re: Cage No. 85005NCB
Erika 3chwing
13400 Staffordshire Place
Germantown, MD 208'76
va .�
Kim'* Karate
Dear Mr. Greif:
This is to advise that a new complaint has been filed against your client
by the above -referenced consumer.
The consumer states she paid $662.00 for a one (1) year membership after
the sales representative tested/evaluated her three: (3) year old don and
advised that he was old enough to be a student. Subsequently, the instructor
advised that her lesson was too young and that the instructors advised they were
only "babysitting hii'. Consumer requests that the contract be cancelled and
a full refund be issued. .
( Please review and contact this Office in writing within 10 days to advise
what action will be taken to resolve this matter.
ESF: ek
co; Kim's Karate
8185Y
Sincerely,
Eric S. Friedman
Investigator
Office of Cowumer Affairs
100 Maryland Avenge, Rockville, Maryland 24850, 301/217.7;1i
------------------------------------------------
---------------------------------------- - - Mar , y 1� ' �u NO . uu� r . u
..- ---. TEL
jllm�o� C MR t
0DIMV
January S, 1992
Allen D- Greif, Esquire
22 West Allegheny Avenue,. 3rd Floor
Toison, MD 21204
Re: Case No. 65915NCB
Katalya Sakman
11353 Columbia Pikes 0-2
Silver Spring. MD -
Dear Mr. Greif:
Taint has been filed by the above -referenced
This is to advise a COOP �, s Karate.
individual against your client,
alloses J. Kim Institute of.Tae Kwon Do • , lncWhichathe
Ms. Katalya Bekman period during
rate is attempting to Collect fees for a t� or states the merchant
Kill's Ka the cons
was closed. lu addition, advantage
karate facility the duration of theiontract by taking
misled the consumer regarding language is Russian and the contract
of the fact that the Consumer' a pr constitute
rthex the consumer states the merchant failed
Con ids
is in Mnglish. Ju tstaSuch activity would
the financing disclosures required Proction, of the Montgomery County Code .
a violation of Chapter ,11, Consumer t®
'ase provide $
of the comple�int is enclosed for your review. Please
to the
A copy from V10. date of this
detailed response, within 10 day
oonsumer'g concerns.
Sinoerely,
Eri o 3: Friedman.
Investigator
ESF:ek
&olosure
cot Joe Giloley, Administrator
` Bobby Jae Kim
d -w 7789K
L.
Ofiice of Consuwt Affairs._ .. Y
r{ '.:<;! rla-•mac c -=
loo MiLryhnd Avtnuta RwkviUc, M.rylind 20650,501/217 -7373
:0.
t1_ NO . I'1Cl1 1•J f J.. LJ . _JV IVii . QL'J f
• I (✓' f i � fY
I.
)n "oti1r-fv C011111y, C7Vc,�����x--��1.
January 6t 199?.
Allen D. Greif, ;squire
22 West Allegheny Avenue, 3rd Floor
Towson, ND 21204
Be: Case No. 76234ICB
Dianne Sullivan
1519 Heather -Hollow Circle, ##13
Silver Spring, MD 20904
Dear Mr. Greif:
This is to advise a complaint has been filed by the abpve-rererdncdd
consumer against your client, Kim's Karate.
Specifically, the consumer .states she Was induced into signing a
membership agreement at the represented "Grand Openin price of $34.58 per
month o p >'
a September tember 2 1991. The consumer states one 1} month later the
manager, Mr. Jordi, called her in to sign a new contract as the first one was
"refected for processing". The manager mislead the consumer into believing
the terns of the "new" contract were identical to those of the initial
contract. In fact, the monthly fee was raised to $52.76. In -addition, both
contracts fail to disclose the financing information required by law.
Further, the consumer states no services were received during November, 1991
as the facility was closed.
Consumer requests that both contracts be held null and void and a full
refund be provided. A copy of the complaint is enclosed.
Please review and contact this Office in writing within ten (10) days from
the date of this letter to advise what action will be taken to resolve this
matter.
ESk:ek
cc: Joe Giloley, Administrator
Bobby Jae Kim
7811K
Sincerely,
Eric S. Friedman
Investigator
Office of Cocicunavr Affairs
IM Marylacid Avenue, Muu illi•, Kirybred 209io. {til / � 17 7 TS
I
I L L__J. u .
f`Idt 1 �_ 1 :) • :iv 1A . Q J r
Aon Q)un�,Gwerliffient.
December 10, 1991
Allen D. Greif, Esquire
22 W. Allegheny Avenue
4th Floor
Towson, Maryland 21204
Re : OCA Complaint No. 754993W3
Pablo Alfonso
Kim's Kurate
Dear Mr. Greif;
As a result of a further review of tho above referenced complaint, I would
like to bring to your attention the potential that your client, Kim's Karate,
has engaged in a deceptive trade practice by conducting a sale in Spanish in
tho absence of having a contract in the same language as the language in which
the sale was conducted. For your ease of reference, this Office would like
to refer you t-) the following Federal Trade Commission Consent Orders
regarding this matter:
Cavanaugh Communities, 95 PTO 559 (1979); Hiken Furniture No., 91 FTC
1115 (1978); Insilco Corp. , 91 FTC 706 (19.78); Hallcraft Jewelers, inc, ,
89 FTC 415 (1977); Almacenes Hernandez Corp., 87 F111C 4UJ (1976); Buoh's
Jewelry Co., 87 tTc 394 (1976); Carl Stepp, 88 iTC 409 (1976); Lafayette
United Corp., 88 FTC 683 (1916); Daby's Furniture Corp., 87 FTC 389
(1976); J&J Furniture Corp., 87 FTC 383 (1976); J. Kurtz & Sons, Inc., 87
FTC 1300 (1976); Mutual Home Equip. Co., 87 FTC 606 (1976); Weilt Co., 87
FTC 406 (1976); Atlantic Industries, 85 NTC 903 (1975); and Library
Marketing Service Inc., 65 FTC 957 (1975) .
The above described information is being provided to you so that it may be
factored into your client's further consideration of the above referenced
consumer complaint against Kim's Karate. In addition, please advise how many
consumers who are non-English speaking have contracted with your client over
the past year. If you have any questions concerning the contents of this
letter, give Mr. Eric S. Friedman, Investigator, a call for further
discussion.
Sincerely,
c�
Joe Giloley
Administrator
JG:ek /
cc: Eric S. Friedman, Investigator V
7648K
Office of Consumer Affairs
100 Marylind Avenue. Rockville. Maryland 20850.301/217-7373
--------- TEL -..Na .
M
November 5, 1991
Pablo Alfonso
746 Quince Orchard 51vd. #102
Gaithersburg, MD 20878
PH: 990-0474
Dear Representatives of The Office of Consumer Affairs, this letter is to
request your help with my case.
On May 22 I took my son .Eric L. Al fonzo to enroll to Kim's Karate, located at
Winter Green Plaza on Rockville Pike.
Mr. Steve, a teacher of the school explained to me in Spanish the contract and
I signed it. The contract it was written in English (I do not write or read
Engl i sh. )
At the time of enrollment, Mr. Steve offered me a credit card (MED CASH), I
did not accept that credit card at that time, he kept calling me for about one
month in order to accept such credit card, he said that it will reduce the
monthly payments for my son's Karate classes if I accept that credit card. So
I accepted such card, thinking that this card would be used only for payments
of the school. Each monthly payment was $40.00.
All of a sudden, the credit card was charged $1,300 without my authorization,
when I called them regarding this matter, they told me that the contract that
I signed was for d years, which I was not aware of it. I took my son the
Kim's Karate just temporary to that school because, he has a private karate
teacher for 3 days a week, that is why I took my son to Kim's Karate so he
could spend his free time at Kim's Karate.
When I went the first time to the school I paid $100.00 cash, then I sent
Kim's Karate a three monthly payments by check the amount of $120.00.
When I learned about the money that MedCash charged me, I went to the school
and told Mike R Steve that I wanted my son out of the school . They advised me
to send a letter to Kim's Karate, and another letter to MedCash to cancel the
registration of my son.
I sent these letters (copies attached) . Later Mr. Rick said that they can't
cancel the contract because I signed it for three years. Its true that I
signed a contract, this was read in Spanish, but they failed to tell me that
the contract was for three years. I would like to cancel the contract and
restitution of full amount of my money from CashMed credit card. I appreciate
your help in this matter.
Pablo Al fonzo
ILL 1'jU.
12813 Maple Street 1.
Silver Spring, MD �091A'
August, 28, 1991
11 -a 1 L,./ 7 J� t '- v 4 t v .- .. _ ._
J. Kim institute of Tae Kwan Do, Inc.
LT. Cappous, Manager
White Oak Shopping Center
Silver Spring, MD 20904
Dear Mr. Cappous:
I am canceling the contract you gave me today for several reasons,
First of all, you added information to the contract AFTER I signed
it yesterday. 1 should have received a copy of the contract upon
signing it.
You did not disclose the fact that I was expected to FINANCE a
three-year financial obligation at some unknown interest rate.
I was led to believe we would be charged an initiation fee,
followed by a monthly charge, which could be stopped at any time.
According to the contract, this is far from true. According to
your contract, even if we became unhappy with your program for ANY
reason, we would still have to pay the entire amount of the
contract. '
You also stated additional persons in the family could be added for
a $50 initiation fee and $18 per month, and half of that for each
additional person. You said this could be done at any time, but
none of this is in the contract. .
Finally, you stated uniforms would be furnished at no additional
charge. This is not mentioned in the contract. Your contract also
fails to disclose fees for belt testing, fees for tournaments, and
how often these tournaments occurs, and cost for the protective
equip&nt you require.
I am truly sorry to cancel this contract as I was impressed with
the program you offer, and my family looked forward to
participating, but the financial obligation is far different than
I was led to believe, and is therefore, totally unacceptable. I
will expect my $150 initiation fee to be returned immediately.
Sincerely,
Mrs. David D. Hall
Fr
WR 5 NZ
COMPAUNITY DEVLEOPMENT
J. Kim institute of Tae Kwan Do, Inc.
LT. Cappous, Manager
White Oak Shopping Center
Silver Spring, MD 20904
Dear Mr. Cappous:
I am canceling the contract you gave me today for several reasons,
First of all, you added information to the contract AFTER I signed
it yesterday. 1 should have received a copy of the contract upon
signing it.
You did not disclose the fact that I was expected to FINANCE a
three-year financial obligation at some unknown interest rate.
I was led to believe we would be charged an initiation fee,
followed by a monthly charge, which could be stopped at any time.
According to the contract, this is far from true. According to
your contract, even if we became unhappy with your program for ANY
reason, we would still have to pay the entire amount of the
contract. '
You also stated additional persons in the family could be added for
a $50 initiation fee and $18 per month, and half of that for each
additional person. You said this could be done at any time, but
none of this is in the contract. .
Finally, you stated uniforms would be furnished at no additional
charge. This is not mentioned in the contract. Your contract also
fails to disclose fees for belt testing, fees for tournaments, and
how often these tournaments occurs, and cost for the protective
equip&nt you require.
I am truly sorry to cancel this contract as I was impressed with
the program you offer, and my family looked forward to
participating, but the financial obligation is far different than
I was led to believe, and is therefore, totally unacceptable. I
will expect my $150 initiation fee to be returned immediately.
Sincerely,
Mrs. David D. Hall
ITEM #4
i
. �ep
ort to the ml
r
Planning Commission
DATE: MARCH 9, 1992
SUBJECT: CONDITIONAL USE PERMIT 92-004
APPLICANT: DONAHUE SCHRIBER
on behalf of
KARATE MASTERS USA, INC.
3501 JAMBOREE ROAD, SUITE 300
NEWPORT BEACH, CA 92660
OWNER: IRVINE RETAIL PROPERTIES COMPANY
2 PARR PLAZA, SUITE 300
IRVINE, CA 92714
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
RECOMMENDATION
2923 AND 2925 EL CAMINO REAL
PLANNED COMMUNITY (PC), MIXED USE LAND USE
CATEGORY,
EAST TUSTIN SPECIFIC PLAN
THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, PURSUANT TO SECTION 15301 (CLASS 1)
TO AUTHORIZE THE ESTABLISHMENT OF A MARTIAL ARTS
STUDIO USE
It is recommended that the Planning Commission Approle Conditional
Use Permit 92-004 by adoption of Resolution No. 3010, as submitted
or revised.
BACKGROUND
The applicant is proposing to establish a martial arts studio use
located at 2923 and 2925 E1 Camino Real within the North Village of
the Tustin Market Place. On January 9, 1992, pursuant to the East
Tustin Specific Plan (ETSP), the Director of the Community
Development Department determined that a martial arts studio use is
similar to and compatible with uses requiring conditional use
permits specifically listed in the ETSP. The Director further
determined that the use is only authorized for the ETSP area,
subject to the approval of a Conditional Use Permit (CUP).
Arrwcs�'*eew�G (Z,& sirs)
Planning Commission Report
Conditional Use Permit 92-004
March 9, 1992
Page 2
The proposed site is located within the North Village of the Tustin
Market Place, also known as the Entertainment Village. The proposed
martial arts studio will be occupy two suites situated on the north
side of the Entertainment Village. The Entertainment Village
contains the Edwards Movie Theater, a number of restaurants,
Bookstar Book Shop, Tower Records and various retail stores.
Immediately adjacent to the site to the east is a Happy Nails, nail
salon; to the south, facing the south parking area is America's Cup
Yogurt shop and Busy Bee Chinese cuisine restaurant; to the west is
a vacant tenant suite; and to the north is the north parking area
and East Drive.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site and at the
Police Department. The applicant was informed of the availability
of the agenda and staff report for this item.
DISCUSSION
The submitted development plan proposes the establishment of the
martial arts studio within two existing tenant suites. The
combined tenant spaces will constitute approximately 2,370 square
feet of floor area. (Attachment A) The proposed floor plan for
the martial arts studio includes a reception area, open exercise
area, two offices, two locker rooms and restrooms.
The business hours for the facility will be as follows:
Monday - Friday
10:00 a.m.
to
9:00
p.m.
Saturday'G.tH pa�
Q'111"da*— +
10:00 a.m.
0 SE
to
5:00
p.m.
The applicant is proposing to have 2 teachers instructing at the
facility with an average class size of approximately twelve (12 )
people. The applicant is proposing to offer five (5) classes per
day. The applicant has provided a brief summary on the history and
operations proposed which has been included as Attachment B.
Pursuant to the approved Use Determination, parking is provided on
the site at a rate of one (1) parking space for every 150 -square
feet of lease space. These sixteen (16) parking spaces will be
located within the shared parking lot area of the Tustin Market
Place. (Attachment C)
Planning Commission Report
Conditional Use Permit 92-004
March 9, 1992
Page 3
In determining whether to approve this Conditional Use Permit
request, the Planning Commission must determine whether or not the
establishment of a martial arts studio use will be detrimental to
the health, safety, morals, comfort and general welfare of the
persons residing or working in the neighborhood of the use; or
whether the use will be injurious or detrimental to property and
improvements in the neighborhood or the general welfare of the
City.
The following evidence would support granting of the requested CUP:
1. The proposed martial arts studio use is to be located in a
existing shopping center and would be compatible with the
other existing commercial retail and restaurant uses within
the center. The use poses no significant impact, in that
there is a lack of sensitive land uses, such as residential
uses, adjacent to the site.
-- 2. Adequate lighting is proposed for the project for pedestrian
and parking areas, creating a safe environment for customers
and employees, which has been provided as part of the center
development.
3. Adequate parking is available on site to provide parking for
the current use within the center and the proposed use, which
has been provided as part of the center development.
4. The subject property will be required to be maintained in a
safe, clean and sanitary manner; thus eliminating any
potential for unhealthful or injurious site conditions.
5. The business hours for the proposed martial arts studio will
be as follows:
Monday - Friday
10:00
am to
9:00
pm
Saturday • tU.0 O A0)
10:00
am to
5:00
pm
These hours would be compatible with the existing commercial
uses.
6. As conditioned, the applicant will post a "No Loitering" sign
to insure the well-being of the customers of the martial arts
studio and customers of existing surrounding uses within the
center.
Planning Commission Report
Conditional Use Permit 92-004
March 9, 1992
Page 4
CONCLUSION
Based on the analysis provided in this report and review of the
conditions of the site and surrounding vicinity, it is recommended
that the Planning Commission Approve Conditional Use Permit 92-004
by adoption of Resolution No. 3010 subject to the conditions
incorporated as Exhibit A, as submitted or revised.
Joann M.S. Perry
Associate Planner
CAS:JP:nm/cup92004
Attachments:
Attachment A -
Attachment B -
Attachment C -
Resolution No.
Christine A. Shing eton
Assistant City Manager
Community Development
Site Plan
Applicant's Summary
Tustin Market Place
3010
of Operations
Parking Summary
1
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3
.4
5
6
7
8
9
10
11
12
13
14
15
16
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20
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22
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24
25
26
27
28
RESOLUTION NO. 3010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING CONDITIONAL USE
PERMIT 92-004, AUTHORIZING THE ESTABLISHMENT
OF A MARTIAL ARTS STUDIO USE IN THE PLANNED
COMMUNITY (PC), MIXED USE LAND USE CATEGORY
LOCATED WITHIN THE TUSTIN MARKET PLACE AT 2923
AND 2925 EL CAMINO REAL, TUSTIN.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows:
A. A proper application, Conditional Use Permit
92-004 has been filed by Donahue Schriber on
behalf of Karate Masters USA, Inc. requesting
authorization for the establishment of a,
martial arts studio use in the Planned
Community (PC) Mixed Use land use category
located within the Tustin Market Place at 2923
and 2925 E1 Camino Real, Tustin.
B. A public hearing was duly called, noticed and
held for said application on March 9, 1992.
C. The subject premise is located in the Mixed
Use land use category. The martial art studio
use applied for is a conditionally permitted
use within the Mixed Use land use category
pursuant to the East Tustin Specific Plan and
the January 91 1992 Use Determination
regarding this location.
D. That the establishment, maintenance, and
operation of the uses applied for will not,
under the circumstances of this case, be
detrimental to the health, safety, morals,
comfort, or general welfare of the persons.
residing or working in the neighborhood of
such proposed use nor be a detriment to the
property and improvements in the neighborhood
of the subject property, nor to the general
welfare of the City of Tustin as evidenced by
the following findings:
1. The proposed martial arts studio use is
to be located in a existing shopping
center and would be compatible with the
other existing commercial retail and
restaurant uses within the center. The
use poses not significant impact, in that
2
3
4
5
6
7
8
9
10
11
12
13
14'
151
16�
17i
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19
20
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24
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27
28
Resolution No. 3010
Page 2
there is a lack of sensitive land uses
adjacent to the site, such as residential
uses.
2. Adequate lighting is proposed for the
project for pedestrian and parking areas,
creating a safe environment for customers
and employees, which has been provided as
part of the center development.
3. Adequate parking is available on site to
provide parking for the current use
within the center and the proposed use,
which has been provided as part of the
center development.
4. The subject property will be required to
be maintained in a safe, clean and
sanitary manner; thus eliminating any
potential for unhealthful or injurious
site conditions.
5. The business hours for the proposed
martial arts studio will be as follows:
Monday - Friday 10:00 am to 9:00 pm
Saturday 10:00 am to 5:00 pm
Sunday CLOSED
These hours would be compatible with the
existing commercial uses.
6. As conditioned, the applicant will post a
"No Loitering" sign to insure the well-
being of the customers of the martial
arts studio and customers of existing
surrounding uses within the center.
E. That the establishment, maintenance and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin, as evidenced by the
findings (D 3-6) stated above.
F. This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to section 15301 (Class
1) .
1
2'
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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Resolution No. 3010
Page 3
II. The Planning Commission hereby approves Conditional
Use Permit 92-004 authorizing the establishment of
a martial arts studio use in the Planned Community
(PC) Mixed Use land use category located within the
Tustin Market Place at 2923 and 2925 E1 Camino
Real, Tustin, subject to the conditions contained
within Exhibit A attached hereto and incorporated
herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 9th day of March, 1992.
ALDEN L. BAKER
Chairman
KATHLEEN CLANCY
Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
3010 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 9th day of
March, 1992.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-004
CONDITIONS OF APPROVAL
RESOLUTION NO. 3010
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped March 9,
1992 on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department in accordance with this
Exhibit. The Director of Community Development may also
approve subsequent minor modifications to plans during
plan check if such modifications are to be consistent
with provisions of the Tustin City Code and the approved
plans.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Approval of Conditional Use Permit 92-004 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.4 This Conditional Use Permit approval shall become null
and void unless building permits are issued within twelve
(12 ) months of the date of this Exhibit. Time extensions
may be granted by the Planning Commission if a written
request is received by the Community Development
Department within thirty (30) days prior to expiration.
USE RESTRICTIONS
(5) 2.1 No more than 50 persons may occupy the premises at one
time, based on UBC occupancy requirements.
(3) 2.2 The Tustin City Noise Ordinance, allowing a maximum
exterior noise level of 70 dBa, shall be observed on the
premises at all times.
(4) 2.3 Business hours shall be between the hours of 10:00 am to
9:00 pm Mo da J irough Friday and 10:00 am to 5:00 pm on
Saturday xteAsion of these hours shall require an
amendment to the Conditional Use Permit.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 3010
Page 2
(4) 2.4 "No loitering' signs shall be posted at the entrance of
the business or other specified location(s).
(4) 2.5 All lighting and building locking devices added to the
premises shall meet those requirements as set forth in
the Building Security Code.
(1) 2.6 The subject property shall be maintained in a safe,
(4) clean and sanitary condition at all times.
PLAN SUBMITTAL
3.1 At building plan check the following shall be submitted:
(3) A. Three (3) sets of construction plans and two (2)
sets of structural calculations, and Title 24
energy calculations. Requirements of the Uniform
• Building Codes, State Handicap and. Energy
Requirements shall be complied with as approved by
the Building Official.
(2) B. Preliminary technical detail and plans for all
(3) utility installations including cable TV, telephone,
gas, water and electricity. Additionally, a note
on plans shall be included stating that no field
changes shall be made without corrections submitted
to and approved by the Building Official.
SITE AND BUILDINGCONDITIONS
4.1 All signs for the project shall comply with the
Tustin Market Place sign program and shall be
submitted for review and approval by the Community
Development Department.
4.2 All utilities exclusively serving the site shall be
undergrounded in accordance with City Code Section
8402(a) and installed in accordance with applicable
Uniform Building and Electrical Code requirements.
FEES
(1) 5.1 Prior to issuance of any building permits, payment
(3) shall be made of all required fees including:
A. All applicable building plan check and permit
fees to the Community Development Department.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-004
Resolution No. 3010
Page 3
B. Orange County Fire Department fees to the
Community Development Department.
JP:rm
------------------------------------------------------
----- -•---- -- - AvcOtf- - -----------------------------33uoanvc- — --- --• -
�up 92 -Dom
Comol 1551,01Y IYI rr�low 07
wl
T7�Ic�i��►'T'l� -
�l
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Mirrors Mounted on Wall from !
+8" to +72" A.F.F. ,----==- -
,i
11 10
Floor Plan
Scale: I/8" = P - 0".
Pc�eavNiivE, �'v�rh�ss�a� Ii%�.
.�._ r ,cam•-..�— r1 �•�G" V
Wall Legend
49
Existing Construction to be Removed
Existing Construction
Tom' New Floor to Ceiling Partition
-� New Partial Height Partition
Plan Legend
1 Reception Area with 12 x 12 Ceramic Tile as Required and Red Carpeting
2 Open Area with Commercial Grade Blue Carpeting with Shelving and
Floor to Ceiling Mirrors at South Wall
3 Office with Glass to Reception Area `
4 Storage Room with Plastic Laminate Shelves at 2', 4' and 6' A.F.F.
S Office with Glass to Open Area
6 Locker Room with Lockers to be Specified by Tenant
7 Water Cooler Area
8 Existing Toilet
9 Warm Up Room
10 Locker Room with Lockers to be Specified by Tenant
11 Storage A rea
Oak*/'
%�l�AN/�liN7 Co�1►'M/SSicc►�
3.9'•92
Sf/��r Sar- 3
DONAHUE
SCHRIBER
December 19, 1991
Ms. Paula Rankin
ASSOCIATE PLANNER
City of Tustin
15222 Del Amo Avenue
Tustin, California 92680
RE: KARATE MASTERS
TUSTIN MARKET PLACE
Dear Paula:
RECEIVED ---
DEC z 9 1991
COMMUNITY DEVLEOPMENT
As you requested, I have enclosed some additional information pertaining to Kim's
Karate, dba; Karate Masters, for Tustin Market Place.
As you will see, there is a strong demand for this use in the Southern California market
place. We at Donahue Schriber feel that they are the best operator based on their
experience and success over the past twenty years.
I hope this information will be helpful in your Use Determination process. If you should
have any further question`s please do not hesitate to call me.
Sincerely,
DONAHUE SCHRIBER, a
California corporation
13Pisenrn�
4
M. Borowsl y
DMB/irl/Enclosure
cc: Paulette Alexander
rd-> 92- oo's/
3.9'•92
I i::m )oree
�ilito 7-00. �'--Ut`1 7-o"%el'
-1 `4-2iO
Karate Masters, USA, Inc.
P.O. Box 5186 Timonium, MD 21093-5186 (301) 560-9007 - Fax (301) 561-3900
December 13, 1991
To The City of Tustin
RE: KARATE MASTERS
TUSTIN MARKET PLACE
TUSTIN, CALIFORNIA
To Whom It May Concern:
The nature of the business at Karate Masters is to teach self
defense and sell sporting goods.
The average class size is twelve people. Gasses meet twice
a week. There will be five classes per day Monday thru Saturday.
The hours of operation will be Monday thru Friday 10:00 AM
till 9:00 PM and Saturdays 10:00 AM until 5:00 PM.
Than You
P hi/I/ Cam. e l l i
Vice President
Kim's Karate U.S.A., Inc. (Kim's) opened its first school in
Baltimore in 1970. Since 1980, the Company has expanded and
added new locations in Baltimore, Philadelphia, Orlando, New
Jersey, Virginia and Washington, D.C. Kim's Karate now has 28
schools in operation and has instructed thousands of men, women
and children from ages 5 to 65 in the Tae Kwon Do (Korean Karate)
style of martial arts. The literal translation of Tae Kwon Do is
"Hand and Foot Method".
Martial -Arts -History in North America
Martial Arts were originally brought to North America by
immigrants from Japan and China near the end of the 19th Century.
Each ethnic group taught its own style of martial arts to others
in its group, but rarely to Americans. A few Americans who were -
able to learn martial arts from the Orientals opened schools in
the late 1940's and early 19501x. These schools were operated on
a part-time basis with an environment that said: "Well, you want
to learn Martial Arts; we'll see if we want to let you learn."
Most of these schools were not run as businesses, but as a hobby.
During the Korean War, many GI's were taught Tae Kwon Do by the
Koreans. The Tae Kwon Do style of martial arts was easier to
learn than other styles, and emphasized more kicking as a means
of self-defense, which proved to be more effective than punching.
-1-
Why punch someone from a distance of 3 feet, when you can kick
him from 6 feet away with 3 times the force? The returning GI's
brought Tae Kwon Do to the West Coast and from there it travelled
to the East Coast, with its popularity increasing.
Korean immigration in the late 1960's and 1970's brought Tae Kwon
Do experts to this country. At first, traditional business
opportunities were closed to these immigrants, so many started
karate schools. Tae Kwon Do became popular because of the ease
with which the style could be learned and the superior
effectiveness of its self defense skills. Accordingly, a vast
majority of tournament and professional champions came from the
Tae Kwon Do style. The Kung Fu movie craze created a lot of
interest in martial arts but its popularity waned when the movie
craze wore off. However, renewed interest was generated by
movies in the late 1970's that portrayed martial arts not as a
gimmick, but as a sport.
Kim's Karate Market
Men, women and children of all ages obtain training from Kim's
Karate for a variety of reasons:
1. Sport,
2. Self Discipline,
3. Self Confidence,
4. Recreation,
-2-
5. Physical Conditioning, and
6. Weight Control.
Children are the primary market for Kim's, because parents want
their children to be strong and healthy and to do well in life.
The martial arts program aids in building children's confidence
and character -qualities that help develop leaders. They learn
physical fitness and mental alertness, which gives them pride in
themselves, and extends to their participation and contributions
in the classroom. -This new source of energy and physical agility
helps them perform better at sports and other activities, and
they make friends more easily and learn to respect authority and
themselves.
Women at any age are concerned with how they look and how they
feel. one follows the other -when you feel better you look
better. Martial arts movements are graceful and more interesting
than repetitive exercise formats. The program offers the
opportunity to shed extra pounds and inches and feel invigorated.
It can also make a woman feel capable of standing up to a
situation - whether it is normal activity or one in which she
must defend herself.
Young men will gain confidence in coping with daily problems and
situations in today's competitive society. The Kim's Karate
program helps relieve stress caused by constant pressures and
-3-
responsibilities. Stamina increases and enthusiasm develops to
deal with everyday routines. The students notice the difference
and so do their family, friends and employers.
Kim's Karate business will grow as the overall fitness trend in
this country continues to'grow. Our society has become more goal
oriented, and martial arts provides the self discipline needed to
achieve many goals in life.
promotion
Kim's success in rising above the competition has been achieved
by effectively promoting and providing superior martial arts
instruction. The following types of promotions are used to
identify people interested in Kim's:
1. Television,
2. Newspapers,
3. TV Guide Magazine,
4. Lead Boxes,
5. Yellow Page Advertising,
6. Referrals from Other Students, and
7. Demonstrations in Shopping Malls and other Social
Gatherings.
Fifteen years ago, martial arts schools would do very little
promotion other than placing ads in the yellow pages and waiting
-4-
for people to walk in the door. Accordingly, success was left to
chance. In contrast, Kim's Karate believes in aggressively
reaching out to attract potential students.
V01 1WTN1"1U[T
N E W
KICKING
A BIT
OF GR
Don't let Jae Kim's gentle, softspoken
manner and compact size . fool you.
Tie a black belt around his waist and another
man emerges: His muscles tighten and his
face hardens into an expression that clearly
says "don't mess with me."
Kim is an eighth -degree (out of 10) black
belt master and former Korean National Tae
Kwon Do champion. As ferocious in busi-
ness as he is in martial arts, Kim has built his
own karate kingdom over the past 20 years.
His Timonium -based . company, Jae Kim
Institute of Tac Kwon Do Inc., already op-
erates 32 Kim's Karate schools on the East
Coast and is about to launch a national fran-
chise program that will spread Kim's curric-
ulum to the West Coast.
At the same time, Kim will add a half-
dozen more company -operated schools this
year, and he is investing heavily in upgrad-
ing existing schools. He just closed a deal to
move into Golden Ring Mall, the first of
what will be many mall -based Kim's Karate
outlets. Golden Ring will be the first exam-
ple of the company's updated design—all
bright colors and aeon, with 500 square feet
of retail space to sell -karate paraphernalia.
"Malls are now interested in us because
we have been legitimized," says Barry
Garber, Kim's corporate vice president
who was brought on last fall to orchestrate
the expansion. The "legitimization" is due
in part to karate's admission as a test evert
in the 1988 and 1992 Olympics.
But the acceptance by mall managers
probably has more to do with the rising pop-
ularity of karate among the grade -school
set—a trend that began with the film, "Ka -
8-WARFIELD'S, APRIL 1 7, 1991
Kim: Eighth -degree black belt In business.
Kim's Karate is spreading
its brand of martial arts
across the country
rate Kid," and solidified with the Teenage
Mutant Ninja Turtle craze. "We are very in-
volved with the Turtle movement," Garber
allows. Kim's Karate handed out free tick-
ets and posters and put on dozens of karate
demonstrations at theaters when the second
Turtle film premiered last month. (In fact,
the actor underneath Raphael's turtle armor
is a former student of Kim's. )
Seventy percent of Kim's 10,000 stu-
dents are between 6,e ages of 5 and 13, so
clearly this is its target market. But Garber
sees tremendous potential in teen-agers and
adults. Already, the school has seen a num-
ber of father -son partners plunk down $488
apiece for a year's worth of twice -weekly
classes. A black belt requires three years of
training. About 80 percent of Kim's stu-
dents stick with it at least a year, and Kim
bestows about 500 black belts a year.
Among some of Kim's more notable stu-
P D A T E S
dents: Joe Montana, Suear Ray Leo-
nard, and the Orioles pitching staff.
Martial arts today are where health
clubs were 20 years ago, says Garber, a for-
mer executive with Holiday Spas and Sport-
ing Clubs of America. "There is no key na-
tional player, and the fragmented market is
serviced mostly by local mom and pop oper-
ations," he says.
The question Kim's Karate faced last
year was whether to maintain the company
as a regional chain or whether to take a big
step forward and go national. "Kim's a gam-
bler and he rolled the dice," says Garber.
His first move was to find a partner with
capital and contacts. He found that person in
Frank Bond, head of U.S. Health (parent of
Holiday Spas) until he sold out to Bally
Manufacturing in 1989. Bond bought a 10
percent interest in Kim's and provided an
influx of capital. The company will not
reveal how much it has invested in expan-
sion, but has doubled its operating budget.
Among those expenses are the com-
pany's plush new offices on the top floor of
the Atrium, Riparius' upscale office project
on Deereco Road. The former Kim's Karate
offices in a nondescript building on York
Road did not convey the proper image for a
company on the move, notes Garber.
Kim has come a long way since he opened
his first school in 1970 on Harford Road in
Hamilton. His rent was $300 a month, his
total investment 51,500. He was in this
country on a student visa to study engineer-
ing at the University of Maryland when a
friend offered him a job as a karate instruc-
tor. "In helping him, I realized this can be a
major business in this country," Kim says,
still speaking the broken English of a
Korean -born U.S. citizen.
"It was more opportunity for my future
than engineering. Also I see the U.S. could
use it. This was in the early '70s; all these
people with long hair—they needed disci-
pline, confidence. In America, people for
lunch sit down, talk, drink Coca Cola, eat
potato chips. They need to exercise."
Kim opened his second school in High-
landtown in 1973. By 1974 he had four loca-
tions, "but it was Premature to be expand-
ing," recalls Kim. After the death of actor
and karate hero Bruce Lee, interest in the
sport waned, and Kim had closed all but one
of his schools by 1976.
Three years later he made a second try at
expansion with a location in Perry Hall. In
1980 he opened up in Severna Park, Catons-
ville, and Dundalk. Expanding into these
suburbs meant changing marketing focus to
reach families. The company switched its
emphasis from learning self-defense to
establishing self-esteem, self-confidence,
and respect for self and others. Kim institut-
ed a policy for his young black -belt students
of maintaining a B average in school.
In the '80s, Kim broadened his horizons.
He moved into Philadelphia, where he now
has nine schools, with six more in the
master plan. He has eight in the Washing-
ton, D.C., area with the ninth set to open
soon in Tysons Corners; six more are
planned in that region. Orlando has five
Kim's Karate outlets. Next on the list are
Atlanta and Boston, where schools are ex-
pected to open within the next few months.
But the area with the most growth poten-
tial is clearly the West Coast. Kim's three-
F O R T N 1 Q H 7
year plan calls for 25 franchise locations in
Sin Francisco and 60 in southern Califor-
nia. Already, Kim has established six affil-
iates in the state, called Karate h1asters,
which eventually will become franchisees.
Kim sees franchising as a perfect solu-
tion."There are lots of qualified black -belt
instructors out there with good teaching
skills but without strong business acumen,"
notes Garber. "Kim's Karate offers that
business expertise."
Kim's franchise fees will be kept within
reach of these small operators—in the
$15,000 range, says Garber. Royalty fees
will be 4 percent of gross sales.
Kim's Karate has already demonstrated
this is a profitable business, says Garber.
Annual sales are $40,000 per school per
month—about $15 million a year for the
company. "In three years we expect to
double that with 10 percent profits," pre -
diets Garber. There are also plans to go pub-
lic in three to five years, "depending on the
success of our expansion plan, our ability to
pick successful franchisees, and continued
growth and popularity of the martial arts."
Master Kim is counting on it, and nobody
is willing to doubt him. Susan&Uy ■
r ....--...,�. .....-
Sfs
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finest quality, and a reputation for reliability
second to none. One key objective has never
been lost sight of. To show Marylanders more
imported rugs than they can ser elsewhere...
All at astonishingly affordable prices. Today,
at superb galleries in Towson, over $7,000,000
worth of gorgeous rugs...The finest impons
from Penia, India, China, Turkey, Roumania,
Afghanistan and Pakistan ... are displayed to
best advantage in 26,000 squaw feet of space.
It will pay you to shop ALEX COOPERS (voted
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the area's lowest prices.
Maryland's -
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908 York Road, Towson, MD 21204. Tel. (301) 8284838
lo- WAR FIELD'S, APRIL 1 7, 1 991
STILL NO ROOM
TO NEGOTIATE
In a remarkable display of faith In his
own assessment of the local real es-
tate market, the owner of the outland-
Ishly luxurious Ruxton home NQsti
fle/d's profiled In October 1880 is
sticking to his original asking price:
$3.5 million. The richly appointed
house has been on the market for
nearly a year now. it's not been a good
year for residential real estate any-
way, but unloading this kind of Bever-
ly Hills -style home In Baltimore Is a
special challenge. Last year the list-
ing agents at O'Conor Piper & Flynn's
Greenspring office had a distinct vi-
sion of the Ideal prospective buyer.
an upper -echelon executive re-
locating to Baltimore who would fail
In love with the flamboyant house and
not flinch at Its hefty price tag. While
there's been a bumper crop of top ex-
ecutives moving Into the area, none
of them seems to have fallen for the
house as yet. But the price remains
firm. That kind of confidence gives
sellers everywhere something to be-
lieve In. ElaiwF. Weiss ■
F7 E.L.-��.- t•�EL - -
26 FEB 92
PARKING.XLS
TUSTIN MARKET PLACE
STORE NAME
DRESS
S.F.
PARKING REO'D PARKING TOTALS
PHASE 1
1 /20G
S_TOR
_ _ __2982
_ 141314
707
rNfERioR SURRduWdiNG
29_52
9406
-_ 47
THE LEATHER FACTORY
_
2922
4688
23
�-4757
FLOORMASTER CARPET
2912
24 --
VkAN_T (1_06A) _ -. _
_
2_902
-
_ _5780
_29
TOYS R US
2882
47298
237
GREENSFURNITURE
2872
5486
28 __-- _ - -- --. ------
WATERBED GALLERY
_
2866
8377
_ 42
f•� --- ...
BANNER MATRESS
2862
2052
10
KRALISES SOFA FACTORY _
_
2856
15832
- 80
BANK OFANTIOUE REPRO.
2842
6249
31
n�ARcrs BABY WORLD
2832
6261
SN_ E_ L_VES ANCA CABINETS
2822
17,962
90:.._-
& E_OAK FURNITURE2812
4308
22
VACANT ,ADD. NOT USED
2802
_
4019
20,kF- - - –
S WINDOWS-
2792
2745
14
HOME DEPOT
2782
96714
4ea - -.-- . --
NOME DEPOT MEZZ.
937
5
1924
SUBTOTAL
384131
1924 -
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PARKING.XLS
PHASE
ADDRESS S.F. PARKING REQUIHL:MbN ki rAKAIIVU IV I ALO
11222
_THE _GOOD GUYS2741
15544
70
1 7, --
9161
GOOD GUYS TRAINING 2743 2961
VACANT - - ----- 2745 2809
VACANT 2755 3742
VACANT 2765 2405
12,
13
—..17..
15
CHICKS SPORTING• 2771 49619
VACANT 2775 2807
223
13
LEASING OFFICE 2777 1196
_1_196_
?'
2 3
RADIO SHACK 779 2293
VANS SHOES 5
SUPERCUTS 2785 1349
5-
_5
10
PARTIES UNLIMITED 2795 54Z
CLOTHESTIME 2801 5359
HARRIS RED MG 2811 10667
ROSS DRESS FOR LESS 2851 _ 25000
FASHIONLAND - 32291
5
4
48
8
3
113
15
_._2891
KIDSMART 2895 2351
11
't2
C & R CLOTHIERS 2899 _T�73
VACANT 29011 2354
LADY'S ACCENT 2905 1889
_jj
_29
�13
FIVE DOLLAR CLOTHING 2909
T.J. MAXX 2951 25800
116
PAYLESS SHOE 2975 3229
15
S UNN`Y 8 ---A U TY S UPP L Y 2977 1574
LEATHER HIDEO Ur 2979 2508
CLEANERS 2981 2164
.7
-TO
CHIC WIDE SHOES 2983 1615
VACANT 29851 1614----
____7
7
KIDS R US 301 t_ 22230
SUB TOTAL 213492
100
.9611
1
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PL�B'�'�N/N6, Comm/SvaN
3.9.92
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SH��T 2oizr *I/
F E. ):: - - • - -:,- t -A E" LS _. _ t
PARKING.XLS
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11150 1 1113
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4K
BUILDING 'A':
SAPORI --+� -_--
2991
3005
_ _ _ _ •_--
2911
3071
14
+48
_
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_ __.._
BOOKSTAR_--
BUILDING'S' .._ .___�_____ _
:
GNC - --.
10550
_ 7_185
1185
_ 630
1185
�.� 85
-
POSTAL ANNEX_
��
VACANT
2913
2917
5
3
- 5
_.
_-.
5
_
CORDELLA FINE GIFTS
NAPPY NAILS ----. _
2919
•-- 2923
2925
_
KARATE MASTERS
KARATE MASTERS-_ ._
VACANT_
1185
_1185
2927
1185
__
TWINKLE GIFTS &PHOTO _
VACANT -__ -
NORTHWOOD P&Z
VACANT - --- -_--
YOGURT AMERICA'S CUP
_
- _2929L-4
85
5
_ 7
19
_ 6
5
5
- -- 5
_---__ 5
11
_
_
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--
_-_- 29_3199
_
29358T
2937
1393
293_9
1193
1193
1193
- 119_3
---_
NO SUBSTITUTE -
VACANT
BUSYBEE-----�-__--
2941
2943
-_- 2945
2955
RUSKYS FISH TACO _
2397
RENAISSANCE COFFEE
2957
993
25761
~ 3754
38_77
75847
_ 4
-116
~~�_
EDWARDS THEATRE2967
ED WARDS f�E2ZANINE
VACANT -~- ---
_ _ -
_.
_-._..
17
..._. 77
--y-- 28_65
2871
_---
CHRISTOPHER PERRY
TOWE,RRECORDS
1
2881
"839308
45
364
16
c�% pp �'z-cryCY . 9%
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F- _ E-1 -3
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23 403
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PARKING.XLS
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