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PC - Minutes - 05-15-17 Minutes of the PLANNING COMMISSION MEETING May 15,2017 The regular meeting of the Planning Commission was called to order at 7:00 pm by Chair Lopez in the Council Chambers, 8838 E.Valley Boulevard. PLEDGE OF ALLEGIANCE-Chair Lopez INVOCATION-Vice-Chair Dang ROLL CALL-Commissioners Eng,Herrera,Vice-Chair Dang and Chair Lopez ABSENT-Commissioner Tang STAFF PRESENT: City Attorney Murphy,Community Development Director Ramirez,Associate Planner Hahn,and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Murphy presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 17-02- Steven Huynh has submitted a Conditional Use Permit application to establish a card dealer school (vocational school use) at 8518 Valley Boulevard, Unit #B110 (APN: 5371-010-805). The proposed project would not increase the floor area of the existing building. The project site is located in a Medium Commercial with Design Overlay (C3/D-0) zone. Approval of a Conditional Use Permit Is required to establish the vocational school use within a Medium Commercial (C-3)zone. PC RESOLUTION 17-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-02, PERMITTING THE ESTABLISHMENT OF A VOCATIONAL SCHOOL USE AT 8518 VALLEY BOULEVARD, UNIT #B110 (APN: 5371-010-805), IN A MEDIUM COMMERCIAL WITH DESIGN OVERLAY (C-3/D-0)ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 17- 10 with findings and APPROVE Conditional Use Permit 17-02,subject to the 31 conditions. Associate Planner Hanh presented the staff report. Chair Lopez asked if there were any questions or comments for staff. Commissioner Eng asked staff what was the previous use for this unit. Associate Planner Hanh replied it was a retail use. i Commissioner Eng asked what type of retail. Associate Planner Hanh replied it was a gift shop. Commissioner Eng asked if there are other card dealer schools in this area. Associate Planner Hanh replied this will be the first with a conditional use permit. Commissioner Eng asked if there are any in the neighboring cities. Associate Planner Hanh replied no. Commissioner Eng asked if the applicant provided any market research to support the need for this use. Associate Planner Hanh replied no. Commissioner Eng asked if the school or card dealer instructors are licensed by any licensing board or any regulatory agency. Associate Planner Hanh replied he contacted the Department of Consumer Affairs to see if licensing was required and they stated it is not required. Commissioner Eng asked which agency he had contacted and if they licensed card dealer instructors. Associate Planner Hanh replied it was the Department of Consumer Affairs as well as the City of Westminster,which approved an AUP for this type of use, and neither require special licensing. Commissioner Eng asked it it was realistic to have 8 training stations, with one instructor, at a maximum of 10 students. Associate Planner Hanh replied the teaching methods may be deferred to the applicant. Commissioner Eng stated Condition of Approval number's 26-31 have to do with fire safety and asked if those were from the Fire Department. Associate Planner Hanh replied they are from a private tire safety company. Commissioner Eng asked if it was part of the original project requirement. Community Development Director Ramirez replied yes. Vice-Chair Dang referred to Condition of Approval number 20, read it, and asked if these specific conditions of approval were set by Planning or was another sister agency involved. Associate Planner Hanh replied they were set by the Planning Division. Vice-Chair Dang asked if the Chief of Police reviews these types of applications because of the limitation of"21 and older". Associate Planner Hanh replied yes. He added the Chief of Police has reviewed this application and reported that he had no concerns. 2 Chair Lopez asked if all that is being done is setting up a class and teaching how to deal cards for casinos. Associate Planner Hanh replied yes. Chair Lopez asked if there were any further questions or comments for staff. None Chair Lopez opened the Public Hearing and invited the applicant to the podium. Steven Huynh, applicant, addressed a previous question regarding other schools in the surrounding area, stated there are 2-3 schools and named the cities. Chair Lopez asked if there is a certificate or license involved. Applicant Huynh replied when the student completes the training, they are tested on the procedures, and if they pass they are given a certificate. He explained the school also assist in finding the student a job and will set up auditions at casinos when the students are ready. Chair Lopez asked the applicant if the casinos are requesting these types of classes or is this idea. Applicant Huynh replied casinos do not provide classroom training for dealers. He explained his school provides classes to students wanting to learn on how to be a dealer,learn all the gambling games, and how to act at the table. He stated every casino has their own procedures, policy's, rules, and will train their employees, but they will not teach them to be a dealer. Commissioner Eng asked how long the applicant has had their business in the City of Westminster. Applicant Huynh replied 4 months. He stated that his partner had been his teacher, there is an interest in this community to learn to be a dealer, and he would like to open his business in Rosemead because the tees are reasonable. Commissioner Eng asked how are students recruited and screened. Applicant Huynh replied they advertise in a Vietnamese newspaper,the internet,and Facebook. Commissioner Eng asked who sets the rules and regulations it there is no formal type of licensing board. Applicant Huynh replied the each casino has their procedures, rules, and regulations. He added his students will receive a certificate from his school once they pass the test. He stated students may then enroll for auditions held at casinos for Asian or poker games. Hieu Nguyen, partner with Steven Huynh, stated they train new students with no experience, they are taught the basics from A-Z, step by step, until they graduate. He reiterated that each casino has their rules, procedures, and auditions. He explained they train each student to provide opportunity and assistance in finding employment. Chair Lopez asked if casino's have daily auditions or testing. Hieu Nguyen replied no, and explained they prefer experienced dealers. He added that training dealers usually take's 2-3 months and once they qualify and graduate, they will be sent to a casino for an audition. He gave a brief 3 description of the types of gambling that is taught and stated the casino will also train the dealer once they are employed. Commissioner Eng asked if the training is normally only 2-3 months. Hieu Nguyen replied yes, 2-3 months if the student attends every day for 4-5 hours per day,and the maximum time is 3-4 months. Commissioner Eng asked if the class is 4-5 hours each day. Hieu Nguyen replied yes. Commissioner Eng asked if there will be 8 training stations, 1 instructor, and 10 student's maximum. Hieu Nguyen replied yes, and stated there are two classes per day. He added the first one is from 11:00 am to 3:00 pm,then there is a one hour break,and the second class is from 4:00 pm to 8:00 pm. Commissioner Eng asked how realistic that is because there are many different games to learn. Hieu Nguyen replied yes, there are many different games, and explained how the students are placed at the table in the classroom. He added they prefer to have only 1 instructor because they all have a certain style, and they prefer the students to learn one style. Commissioner Eng asked if this is an opportunity for students to practice. Hieu Nguyen replied yes, they also learn how to cut chips and game procedures. He added the table is there to provide practice because casinos are looking for experienced dealers with skills. Commissioner Eng asked what the tuition fee for this school is. Applicant Huynh replied (not audible)the cost per class for the Asian games. Commissioner Eng asked if fees are based on which game the students want to learn. Applicant Huynh replied the Asian games the fee is$1,200.00 and explained how when he went to school 4 years ago the fee was$4,000.00. He stated to learn Poker it is about$800.00. He stated all the games are taught on just one Poker table. Commissioner Eng asked if security cameras will be installed inside the facility. Applicant Huynh replied yes, and there is an alarm system. Commissioner Eng asked if the applicant will be planning to arrange casino tours as part of their services. Applicant Huynh replied: "He does know a lot of General Managers, he knows a lot of people in the casinos, he works with a lot of casinos from up here to up north, he knows manager,floor man, and actually big boss. He stated that when they have auditions he talks to them, he has his students and sends them all to take audition. He stated he does not buy job to sell job here, a lot of people sell a job, but he does not do this, because it is not worth to sell a job to buy a job. He stated he wants the dealers to be trained good, when they take a test, they pass the test, they get hired,that's what he wants." 4 • Vice-Chair Dang asked a question but it was(not audible). Applicant Huynh reiterated the hour's classes will be taught and there is a maximum of 10 students per class with 1 instructor only. Vice-Chair Dang asked if the hours of operation from 11:00 am to 8:00 pm where of his choosing. Applicant Huynh replied yes, and that he will be closed one day a week but hasn't decided which day (he is considering Sunday). Vice-Chair Dang commented that students may not want to wake up that early and that is why you open at 11:00 am. Applicant Huynh stated his other school opened at 10:00 am, but at this location he wants to open at 11:00 am and close at 8:00 pm. Resident, Brian Lewin, stated he would like to thank the Planning Commission for the multiple efforts to maintain the Annual Review of Walmart and he appreciates their repeated efforts. He stated with this application he still sees a potential for underutilization of resources with all the tables and does not see how the math all adds up in terms for using all the tables. He stated if there is a maximum of 10 students,then there is the potential of 5 tables being used at any given time. He stated that this sounds like an underutilization of resources that invites potential issues in terms of a temptation to exceed that rule. He stated you need to be careful and ensure that the capacity is appropriate for the location. He stated that he does not see anything here that is good for the public health, safety, and general welfare for the community. He stated the City has never allowed gambling and bringing in a vocational school, whose existence promotes gambling, and is depended on the promotional gambling, is a good thing for the community. He added that he knows conditions of approval have been incorporated to prevent actual gambling, Code Enforcement can check on those to make sure they are not doing anything like that, and check on how many students are attending. He expressed Code Enforcement is already overextended and he sees a use here that could provide an additional drain on the Code Enforcement and Public Safety resources. He recommended a better use for this facility, so that it would not be a potential use of drainage of those resources. He recommended that the Planning Commission not approve this item. Resident Jason Blakemoore stated he opposes this business because of the parking situation. He stated that there are eight vacant units in this plaza and expressed there is not adequate parking available for the existing businesses. He added employees are parking in the street now and there is one employee that parks in front of his home every day. He was told by that employee that his employer told him to park in the street because the plaza is for the patrons. He stated that customers leave trash on his street and he is picking it up constantly. He expressed that there is currently not adequate parking and with the school, student, and staff there will be more congestion and less parking. He stated his objection to this item is that there is inadequate parking. Betty Quan, resident of Temple City, stated that her concern is that there have been conditions set by the City to prevent gambling, but has something been requested of the applicant to have an internal policy to prevent gambling, and recommended that should be required. Chair Lopez asked if there were any further questions or comments. None Chair Lopez closed the Public Hearing and asked if the Planning Commission had any further questions or comments for staff. 5 Commissioner Eng stated she visited the site around 4:00 pm and was alarmed because there were three sheriff vehicles surrounding the building. She stated she managed to drive through the complex, but while driving away, she saw a sheriff approaching the unit with his gun drawn, and after her family experience she found this startling. She stated she called Community Development Director Ramirez and informed her of the incident. Community Development Director Ramirez stated after Commissioner Eng called her in regards to this, it was found out that it was the applicant himself that had set off their own alarm, which caused the sheriffs to arrive with their guns drawn. She explained that City Hall also has an alarm system and if it is set off, the Sheriff's Department will arrive with their guns drawn, and that is just how they arrive when alarms go off in that manner even with staff. She stated that home alarms systems have two types of alarms, one is an emergency, and the other is a regular. She added if the emergency alarm is set off the sheriff's will show up with guns drawn, which she knows as this has happened to her. She stated these are the procedures they follow, this is what happened, and the applicant had just set off their own alarm. Commissioner Eng stated she is unable to support this project and that the use is not an appropriate use for this location and will be detrimental to the public health and general welfare of the community. She stated in spite of this being a vocational school it does promote gambling and gambling is a persistent health issue, particulady in Asian communities. She stated she personally knows a number of families that have been tragically impacted by gambling including suicide. Vice-Chair Dang stated he has visited that plaza numerous times, there is not enough parking, and he himself has circled a few times, and sometimes waited 5-10 minutes for someone to leave. He stated parking is definitely an issue. He added that he understands staff has had a parking analysis done,which was appropriate, and to code, however since this is a vocational school and will be geared for adults. He stated more than likely each adult will be driving,and with 10 students, plus the operator there will be an additional 11 cars. His second concern is that there isn't a public necessity for this type of schooling, it does not provide a public benefit it's not like a medical office, or something the City or residents would really need. He stated surrounding the operation of the building while the school is in business for the peak hours there are families visiting the plaza,shopping, dining,and walking around the shops he pictures the school not having the windows not tinted and without signs families will be able to view adults learning to be dealers. He stated there will also be a sign stating 21 or older also, so even though we know the business is running legally the patrons do not, so this paints a negative cogitation to them and they may feel they are gambling. He expressed this particular location is not good for the City of Rosemead and does not sit well with a family shopping center. Commissioner Eng made a motion, seconded by Vice-Chair Dang that the Planning Commission to not ADOPT Resolution No. 17-10 with findings and not APPROVE Conditional Use Permit 17-02,subject to the 31 conditions. Vote resulted in: Ayes: Dang and Eng Noes: Lopez and Herrera Abstain: None Absent: Tang City Attorney Murphy stated the vote is Ayes 2 and Noes 2 and explained that no action is taken this evening. He explained there are two options: (1) continue this matter to a future meeting where there are 5 Planning Commissioners present,or(2)continue to discuss it now. Community Development Director Ramirez stated if option one is taken,then the next Planning Commission meeting where all the Planning Commissioners will be present will be Monday,June 19,2017. 6 Chair Lopez recommended the item be Continued to Monday,June 19,2017. Commissioner Eng stated she agrees. Chair Lopez made a motion, seconded by Commissioner Eng to Continue Resolution No. 17-10 with findings and Conditional Use Permit 17-02, subject to the 31 conditions, to the Planning Commission meeting of Monday,June 19,2017. Vote resulted in: Ayes: Dang,Eng,Herrera,and Lopez Noes: None Abstain: None Absent: Tang Community Development Director Ramirez stated this item will be brought back on Monday, June 19, 2017 to be reconsidered with all Planning Commissioners present. Vice-Chair Dang asked if staff should reach out to the Planning Commissioner that is not present to see if they will be available on June 19,2017. Community Development Director Ramirez stated staff will take care of that. City Attorney Murphy stated if it is announced that a Planning Commissioner cannot be present, then a brief staff report reciting that and include the dates where they can be present, rather than having the Planning Commission decide on another date to Continue this item again. 4. CONSENT CALENDAR A. Minutes ot 5.1.17 Commissioner Eng made a motion, seconded by Vice-Chair Dang, to approve the Consent Calendar as presented. Vote resulted in: Ayes: Dang,Eng,and Lopez Noes: None Abstain: Herrera Absent: Tang Community Development Director Ramirez stated the motion passes with a vote of 3 Ayes 0 Noes and 1 Abstain. 5. MATTERS FROM STAFF Community Development Director Ramirez announced the time, date, and location of the Community Area Watch Committee and the Memorial Day Ceremony. 6. MATTERS FROM THE CHAIR&COMMISSIONERS 7 Vice-Chair Dang stated at the last Planning Commission meeting it had been requested that Grocery Outlet provide more lighting in the parking lot and he reported they did take care of the situation. Chair Lopez thanked staff for addressing his concerns at the Angelus Senior Housing and stated the elevator and scanner are working. He stated the carpets in the hallway are filthy and requested they get cleaned or replaced. Community Development Director Ramirez stated she will check on this request. 7. ADJOURNMENT Meeting adjourned at 7:40 pm. The next regular Planning Commission will be held on Monday,June 5,2017,at 7:00 pm in the Council Chambers. r l / Daniel Lopez Chair A ST: Le Rachel Lockwood Commission Secretary 8