Loading...
HomeMy WebLinkAboutPC Minutes - 02/01/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, FEBRUARY 1, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. CALL TO ORDER A REGULAR MEETING OF THE PLANNING COMMISSION AT 6:30 P.M. II. COMMISSIONERS PRESENT: Robert Kiefer, District 2 Ernie Garcia, District 4 Louis Morales, District 3, Vice-Chairman Michael Murray, District 1, Chairman COMMISSIONERS ABSENT: Hector Lujan, District 5 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary III. MINUTES: January 18, 2012 – Approved IV. AGENDA CHANGES: Community Development Director Saeki noted that there was a correction to a Resolution of approval for public hearing item #2, and a revised Resolution would be handed out. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki stated that the City Council, at their regular meeting held January 24, 2012 adopted the Ordinances (second readings) to approve the Tierra Luna project. He noted that the developer is moving forward with the project. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar items on this evening’s agenda. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00258 (CONDITIONAL USE PERMIT) Location: 9448 Telegraph Road Owner: Alfred Santos Co, Tr et al Applicant: Fan Qiao Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to allow a foot massage establishment on property, zoned C-2 (General Commercial). Chairman Murray opened the public hearing for PLN-11-00258. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff’s report and accompanying PowerPoint. She described the foot massage process and noted that the massages would be performed within an open floor plan, not requiring individual rooms. She also noted that a similar business was established on Lakewood PLANNING COMMISSION DRAFT MINUTES, FEBRUARY 1, 2012- PAGE 1 Page 2 Boulevard, Downey, about one year ago. Ms. Flores stated staff supported the applicant’s request, with the conditions of approval that are included within Resolution No. 12-2751. The include: clear window visibility, no customers permitted in the storage room, and massages to back and neck shall be over the outside of customers’ clothing. Jasmine Li, speaking for her uncle, Fan Qiao, 903 E. Ghent St., Azusa, Ca. 91702, addressed the Commission. She stated that she had no questions or comments. They accepted the recommended conditions of approval. Commissioner Kiefer asked Ms. Li if she was employed at the facility. Ms. Li responded that she was not. Commissioner Kiefer inquired of the applicant his past experience with this type of business, and why he chose Downey to operate his business. Chairman Murray asked the applicant to also come forward to the podium. Mr. Fan Qiao, through his interpreter/niece, Li, pr ovided the following testimony: he has been employed at the Lakewood facility; he has never had another such business; he choose Downey because the people who have been his customers are very nice to him and appreciate the quality of service he provides. He stated that he likes Downey. In addition, he stated the hours of operation will be from 10 a.m. to 9 p.m., daily. Commissioner Kiefer asked if the applicant was familiar with the City’s sign ordinance. Chairman Murray instructed the applicant to be aware of the City’s sign ordinance, and to be especially watchful of temporary window signs. Ms. Li responding for Mr. Qiao, answered in the affirmative. Chairman Murray asked staff for any correspondence that might have been received. Ms. Flores noted that no correspondence had been received on this matter. Chairman Murray invited members of the public to address the Commission on this matter. No one came forward to address the Commission. Chairman Murray asked staff for their recommendation. Jessica Flores responded staff’s recommendation as provided in Resolution No. 12-2751 is to approve PLN-11-00258, approving the applicant’s requested Conditional use Permit to permit foot massage, with the conditions as provided. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: The Commissioners noted that all their concerns had been addressed; that the conditions applied to the business operation were appropriate and adequate. It was moved by Commissioner Morales, seconded by Commissioner Garcia and passed by a unanimous vote of those present (4-0), with Commissioner Lujan absent, to adopt Resolution No. 12-1751, approving PLN-11-00258, as presented. Chairman Murray stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City’s Ordinance. PLANNING COMMISSION MINUTES, FEBRUARY 1, 2012 – PAGE 2 Page 3 2. PLN-11-00284 (CONDITIONAL USE PERMIT) Location: 7345 Firestone Boulevard Owner: Andrews Rancho Del Norte Applicant: Roy Abboud Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to establish a used car dealership (My Choice Auto) and conduct public automotive auctions on property zoned C-M (Commercial- Manufacturing). Chairman Murray opened the public hearing for PLN-11-00284. Ms. Donahue affirmed proof of publication. Senior Planner David Blumenthal presented staff’s report and accompanying PowerPoint. He noted that this location originally housed a new car dealer ship and is improved with the former showroom, repair building and vehicle display area. The applicant is proposing to use the showroom as offices and the former display area (shed) for the auctions. He explained that the operation would consist of used car sales during the day, while on Saturdays the vehi cles would be sold to the highest bidder (assuming a minimum reserve price is met). Pointing to the exhibits on the screen, Mr. Blumenthal showed where the customers of the auctions would be seated within the former repair building, with the auctioneer set up outside this area and the vehicles pulled up in front. Senior Planner Blumenthal noted the distribution of revised Resolutions to the Commissioners whereby Condition #10 had been modified. He read the language into the record, reading “There shall be no sign wavers, costumed employees, or the like used to draw people into the site and the Owner/- Applicant shall ensure compliance with Section 9614.02 subsection (s) which prohibits animals or human beings, live or simulated, to be utilized as signs. Chairman Murray clarified that there are three driveway’s onto the property, and each were restricted to right-turns in and right-turns out, only. Chairman Murray inquired the following: 1) How vehicles are brought in, whether by truck or driven in and just dr opped off? 2) Is reciprocal parking being provided from the neighboring business? Senior Planner Blumenthal responded that an agreement has been struck with Downey Auto Wholesale, the business immediately adjacent to t he west, of which a copy has been requested. He stated that staff has found that all four findings can be made in a positive manner; therefore staff can support the request. Commissioner Kiefer noted there is no street parking, and inquired as to the zoning of the parcel immediately north of the site. Mr. Blumenthal stated that the parcel north of the subject site belongs to the railroad, and is not part of the application. Commissioner Kiefer asked for clarification as to how car purchasers took ownership. Senior Planner Blumenthal explained there are three (3) methods by which the vehicles may be sold: 1) acquiring the cars and then sell; 2) sell donated vehicles, and the profit goes to a charity; 3) sold by consignment. He noted that all the data is documented weekly, with reports going to the Police Department. Mr. Saeki, Director of Community De velopment added, the Department of Motor Vehicles is also provided the necessary paperwork. PLANNING COMMISSION MINUTES, FEBRUARY 1, 2012 – PAGE 3 Page 4 Chairman Murray invited the applicant forward to address the Commission. Roy Abboud, 11256 Tabor Street, Los Angeles 90066, addressed the Commission, noting that he had read and agreed to the recommended conditions of approval. Addressing Condition #12, he stated that there would be no amplified sound outside; that speakers would be within the auction seating area; that the hours of activity is Saturdays, between 9 a.m. to 4 p.m., while the actual auction will take place around 11:30 a.m. Prior to the auctions, clients will be able to fully inspect the vehicles, including the use of mechanics. Chairman Murray asked Mr. Abboud if he had a dealer’s license and if the sales are “point of sale” and sales tax paid on the vehicles. Mr. Abboud replied he had a wholesale dealer’s license. In addition, they will provide the purchaser with a Bill of Sale, which is taken to the DMV to process. Chairman Murray inquired further about the type of dealer’s license required, asking that the applicant affirm that the license he carries is adequate for the types of sales that being requested. He stated sales tax is required for retail sales. Mr. Abboud replied that their 501(c)(3) (non-profit) designation allows for no sales tax, with point of sale through DMV, and transfer of liability occurs through DMV. They provide the Bill of Sale and proper 262 forms, but do not charge sales tax; those are paid to the DMV. He stated that they are obligated to perform safety and smog inspections on all their v ehicles. The buyer then takes the paperwork to the DMV and at that point the operator/seller is released of liability. In addition, they provide copies of all cars sold to DMV to ensure release of liability. He also provided that when vehicles are sold on consignment the seller signs over the pink sl ip, thereby transferring liability, and becomes the responsibility of My Choice Auto Auction. Community Development Director Saeki explained that in cases where point of sale is through the DMV, the taxes go into pool, which is later divvied up to various entities on a per capita basis. Directing his comment to Mr. Abboud he stated that he had told him (the “City”) that the vehicles sold during the week are sold retail. He recalled that Mr. Abbou d had described the process li ke an ebay sale, where the buyer can offer a lesser amount than is shown on the window to negotiate the price. Mr. Abboud said he explained it was like a silent aucti on during the week. He further explained that he is required to pay sales tax on those vehicles sold through consignment, through his license which is under, “Normandy Test LLC” and for those he can utilize his license. Chairman Murray asked if the DMV has been to the site. Mr. Abboud responded “no”, that operating under 501(c)(3) does not fall under DMV jurisdiction. They have to notify the DMV within 10 days of the transfer of liability using the 262 form. They usually notify within 1 to 2 days with the sale information. Discussion ensued regarding the business operation. Mr. Abboud stated that they are offering wholesale prices to the public; that cars are brought in individually, usually driving onto the lot. The sales tax is paid to DMV, and they are not able to charge sales tax due to the 501(c)(3), non-profit, status. He added that they did not employ “sales” people on the lot. They receive about 20-25 cars per week. Chairman Murray asked staff if they had received any correspondence on this matter. Senior Planner Blumenthal responded, no correspondence had been received. PLANNING COMMISSION MINUTES, FEBRUARY 1, 2012 – PAGE 4 Page 5 Chairman Murray invited members of the audience to address the Commission on this matter. No one came forward to address the Commission at this time. Chairman Murray asked for staff’s recommendation. Mr. Blumenthal noted staff’s recommendation is for approval, however, with the direction being given at this time, it is recommended that that matter be continued to 2/15/12, to allow for further research on the license and sales tax. There being no further comments, Chairman Murray closed the public hearing. Commission discussion: Some discussion followed. The Commissioners were in agreement that they would like to clarify the points that were not clear before making a decision, in particular, whether or not the City would gain the revenue from sales tax or not. Commissioner Kief er also pointed out that the language of certain conditions of approval may be affected by the information provided. It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a 4-0-1 vote, with Commissioner Lujan absent, to continue this matter to the next meeting, February 15, 2012. VIII. ORAL COMMUNICATIONS : There were no comments. (Not feeling well, Commissioner Garcia left the meeting at this time.) IX. OTHER BUSINESS: No Other Business was addressed. X. ITEMS FOR FUTURE AGENDA: There were no Future Agenda items addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:15 p.m., to February 15, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 15th day of February, 2012. Michael Murray Michael Murray, Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 15th day of February, 2012, by the following vote: AYES: COMMISSIONERS: Morales, Kiefer, Murray ABSENT: COMMISSIONERS: Commissioner Garcia ABSTAIN: COMMISSIONERS: Commissioner Lujan NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agendas\A GENDAS 2012 - PC\Feb 15, 2012\Feb 1, 2012-Minutes.doc PLANNING COMMISSION MINUTES, FEBRUARY 1, 2012 – PAGE 5