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PC - Minutes 10-19-09Minutes of the PLANNING COMMISSION MEETING October 19, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairwoman Herrera at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Eng INVOCATION - Vice-Chairman Alarcon ROLL CALL OF OFFICERS PRESENT: Commissioners Eng, Hunter, Ruiz, Vice- Chairman Alarcon, Chairwoman Herrera OFFICIALS PRESENT: City Attorney Greg Murphy, Principal Planner Bermejo, Assistant Planner Trinh, Secretary Lockwood, and Traffic Consultant Joanne Itagaki 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - September 21, 2009 Commissioner Eng questioned staff if the corrections she requested on pages 2 & 5 had been revised in the Minutes of Planning Commission for May 18, 2009. Staff stated that the minutes had been revised and Chairwoman Herrera had the corrected minutes on hand to review. Vice-Chairman William Alarcon made a motion, seconded by Commissioner Victor Ruiz, to APPROVE Minutes of September 21, 2009, as presented. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. PLANNED DEVELOPMENT REVIEW 09-01 - New Evolution Fitness Center/8920 Glendon Way Associates, LLC, doing business as "Ultimate Fitness Center (UFC) Gym," has submitted an application requesting to convert an existing 39,703 square foot commercial building into a fitness center, located at 8920 Glendon Way, in the PD (Planned Development) Zone. PC RESOLUTION 09-20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING PLANNED DEVELOPMENT REVIEW 09-01, TO CONVERT AN EXISTING 39,703 SQUARE FOOT COMMERCIAL BUILDING INTO A FITNESS CENTER, LOCATED AT 8920 GLENDON WAY, IN THE PD (PLANNED DEVELOPMENT) ZONE (APN: 5390-018-036). Recommendation - Staff recommends that the Planning Commission APPROVE Planned Development Review 09-01 for a period of six (6) months and adopt Resolution 09-20, subject to conditions outlined in Exhibit "B". Assistant Planner Trinh presented staff report and power point presentation. Commissioner's Eng and Ruiz stated that they had questions for staff. Principal Planner Bermejo stated that the applicant had a power point presentation to present and perhaps questions should be asked after the presentation. Commissioner's Eng and Ruiz stated that would be fine. Chairwoman Herrera opened the Public Hearing and invited the applicant to the podium. Vanessa Delgado from Prime Store Development Inc., owners of 8920 Glendon Way, introduced herself and gave a brief description of company. She also stated they have a power point presentation on the UFC Gym business concept. She also stated they are excited to have UFC Gym as a tenant. Adam Sedlack, Sr. Vice-President of UFC Gym, presented the power point presentation regarding the business operation. Commissioner Eng thanked the applicant for the nice presentation. She also stated that she liked the concept, but her biggest concern is that the public may feel it may be affiliated with the Ultimate Fighting Championship. She also stated that she had read an article that plasma televisions will be broadcasting Ultimate Fighting Championship shows in the gym and questioned applicant if that is correct. Adam Sedlack, applicant, stated the UFC organization has changes impact to the head. There is disc available to the ultimate members. public for these viewings. He alsc whether they will host such parties, he understands her concerns and explained that a lot and is much safer than boxing as there is not .rssion on having viewing parties which will only be He further stated that the gym will be closed to the indicated that they have not come to a conclusion but realize City approval would be required. Vanessa Delgado stated that staff has done a good job in addressing these concerns and referred to conditions of approval numbers 34 & 35 which address fighting. Commissioner Eng questioned the applicant on what type of weapons will be used in the mixed martial arts group training programs. Adam Sedlack stated that there should be no weapons and he thinks it's their hands. He also stated that there are no weapons inside the facility but there are flash cards which are large pads in your hands that help with coordination. Commissioner Ruiz questioned applicant about Closed Quarter Combat (CQC) training programs and asked what measures will be taken to ensure that the program is only offered to law enforcement. He also expressed his concern that there are gangs and state paroles in the nearby vicinity and he would like to make sure that felons will not be able to enroll in the class if it was offered. He also questioned the applicant if he was working with the Police Department. He also stated that there will be full contact martial art training. Adam Sedlack referred to conditions of approval numbers 34 and 35 and stated that there will be no skin to skin contact. He also stated that there are punching bags that will be used. He stated that CQC training will only be offered if approval is granted by the Police Chief. He said that the Concord Police Chief allowed them to offer the course. He also stated that the course would only be offered to police officers and that training would take place behind closed doors. He also stated that safety is their concern and that people can get martial arts training anywhere. He also stated that they will work very closely with Police Department and Police Chief. Commissioner Eng stated that she is concerned with the safety of gym members and the community and likes the concept of the gym. She also referred to a shooting incident that happened last August at a L.A. Fitness in Pennsylvania and questioned applicant on what mitigation measures they have in place to prevent guns from getting into the gym as to prevent such an incident from occurring in Rosemead. Adam Sedlack stated that an incident like that can happen anywhere. He stated that their gym offers self defense classes. He also stated they are doing the best they can with security cameras, guards, membership agreement codes of conduct, and membership check-in process. He also stated that in the future they intend to implement a biometrics membership identification system, wich will use fingerprints. Commissioner Eng commented she would hope that metal detectors would not be used, as that seemed to be an extreme measure. Adam Sedlack stated that he does not foresee using metal detectors. He stated that they will have parking lot security and that the facility will have fewer break-ins than Bally's. Commissioner Eng questioned the applicant if the parking lot will have other security measures, other than just lighting, to prevent car break-ins and robberies. Adam Sedlack stated they will have the same type of security that a mall would have, such as top of the line security cameras that can capture license plates. He also stated that branded security guards will be used after sundown. He also stated that they have membership information in their system with vital information if they need to be contacted. Commissioner Eng questioned the applicant if the proposal for security guards for just evenings is still the current proposal. Adam Sedlack confirmed that security guards will only be used during evening hours for now, but that they would work with the Police Department and add more if warranted in the future. Commissioner Eng questioned the applicant if memberships are exclusive to one gym or if the membership is universal for all UFC gyms. Adam Sedlack stated that right now gym memberships are just for one Club, as there are not that many UFC gyms, but the ultimate member may eventually be able to use all clubs. Commissioner Eng questioned if star UFC athletes will have access to the gym for training. Adam Sedlack stated they would have to enroll into the gym to use the facility and it would be for participation in fitness programs and not fighting. He also stated they would probably use equipment like rope machines and TRX training. Commissioner Eng stated that star athletes may attract spectators, and asked how such situation would be handled. Adam Sedlack stated that star athletes will come to the gym to workout. He also stated that there is a fitness code of conduct of not interrupting people when they have headphones on while working out. He also stated that the gym is a fitness facility and not a fighting facility. Commissioner Eng questioned the applicant if the kid's gym will have actual human training or will there be programs like the Wii Fit. Adam Sedlack stated that there will be two different programs, one will be the Wii Fit type and the other is an Itech Fitness program for movement coordination for kids starting at age 5. He also stated that the Progression Belt Series for older kids will incorporate values such as being a good student, keeping your room clean, maintaining good grades, and keeping fit. He also stated that this will be the first time Belt Program that kids can be proud of. I Vice-Chairman Alarcon stated that he would hope the Planning Commission would hold the UFC gym to the standards that they would hold any other gym, and not be misled by the UFC initials. He also stated that if the gym is approved tonight, the gym could be brought back in 6 months to the Planning Commission if there are any issues. Adam Sedlack stated that he would like to see their gym as partner with the city Chairwoman Herrera questioned the applicant about their private events. She asked when they will be held and what type of permission would be required. Adam Sedlack stated that in Concord they did not need special permission and they would have them on Saturday nights from 7:00 p.m. to 9:00 p.m. He also stated they will close the gym and it will only be available for current ultimate members who would like to watch the events. Vanessa Delgado stated that staff has added a condition that requires the applicant to request approval prior to hosting these events. Chairwoman Herrera questioned the applicant how often these events are held. Adam Sedlack stated the UFC Events are held once a month and they are usually 90 minutes to 2 hours. He also stated that if the Planning Commission has concerns, the events are not a must for them. He also stated that anyone can watch these events on Spike television for free. He further added that these events would only be for the ultimate members who pay one hundred dollars a month for memberships. Chairwoman Herrera questioned applicant if they have to get approval from the City or every event. Vanessa Delgado stated that staff has written condition of approval number 34 in regards to this process. Commissioner Eng stated she had a few questions for staff. City Attorney Murphy stated that the regular public comments should be completed first before questions are addressed to staff. Chairwoman Herrera questioned if there was anyone in favor of the proposal. None Chairwoman Herrera questioned if there was anyone against the proposal. None Vanessa Delgado questioned if now is the right time to go over conditions of approval with staff. City Attorney Murphy stated yes let's go over them now. Vanessa Delgado requested clarification on condition of approval number 5, regarding the 6 month approval period. Principal Planner Bermejo explained that the applicant has 6 months to commence the project or request an extension within 30-calendar day's prior to expiration. She also explained if there was a lapse in progress, the permit would become null and void. 5 Vanessa Delgado stated that they would like clarification on Conditions 34 & 35, regarding the hosting of large events and prohibition of fighting. She also explained to the Planning Commission that there is no physical fighting involved, but there is controlled physical contact during instruction. She also stated that the applicant had requested to revise the conditions and questioned staff if they had received them. City Attorney Murphy stated staff did receive it and staff has a revision that he would like to suggest. Vanessa Delgado stated that she would like to read the condition. Principal Planner Bermejo read proposed condition of approval number 35. Vanesssa Delgado stated that the revised condition sounded fine and questioned staff if there was a revision to condition of approval number 34. Staff stated they had only received a request to revise condition of approval number 35. Adam Sedlack stated that the condition number 34 was fine. Adam Sedlack confirmed Condition Number 35 with staff. Chairwoman Herrera closed the Public Hearing and questioned if there are any questions for staff. Commissioner Eng questioned staff about Parcel A, and asked if it will remain a parking lot. Principal Planner Bermejo stated that staff is not aware of the future plans of that property owner Commissioner Eng questioned how Parcel A will be maintained once the gym is operational. Principal Planner Bermejo stated that the property owner of Parcel B is not responsible for the property maintenance of Parcel A, and that Code Enforcement will get involved. Commissioner Eng asked staff what the maximum number of people the gym could hold. Principal Planner Bermejo stated that the building official regulates the occupancy load buildings, and he has estimated 730 occupants. She also stated that the fire department also gives a separate number occupancy load number. Commissioner Eng questioned staff if this included equipment and everything. Principal Planner Bermejo stated that occupancy load is calculated with a formula in the building code. She also stated that the formula is based on the square footage of the assembly area. 6 Commissioner Eng asked staff where the emergency exits are located, and if an adequate number is provided. Principal Planner Bermejo stated that all exits will be considered emergency exits and also stated that there are five. Commissioner Eng questioned staff on what the concerns were that were discussed with the Police Chief. Principal Planner Bermejo said it was important to have a good security plan for a gym use. She stated that the Chief of Police requested that the security plan include a photo identification membership system, security cameras leading to locker rooms and parking lots, and security guards. She mentioned that car burglaries are common at gyms when locker room security is not sufficient. She also made reference to condition number 37 which allows the city to increase the security measures, if warranted by incident reports from the Public Services Division or Sheriff's Department. Commissioner Eng questioned staff if there was a possibility of removing street parking on Glendon Way to have more visibility into the parking lot. Principal Planner Bermejo stated that question should be directed to our Traffic Consultant Joanne Itagaki. Traffic Consultant, Joanne Itagaki, stated that street parking is being utilized by residents of the multi-family dwellings across the street. She also stated that request would have to be reviewed at a Traffic Commission Meeting, once neighbors have been notified. She further added that such request would also be subject to the approval of the City Council. Commissioner Eng stated that it would give more visibility. Vice-Chairman Alarcon stated that it may put people on the lot that are not invested in the property. Commissioner Eng questioned staff if there is a typo on condition of approval number 7. Principal Planner Bermejo stated yes, and indicated that it should read, "set aside" and staff will correct it. Commissioner Eng questioned staff if condition number 33 is standard hours of operation for most gyms. She also questioned if it was Monday through Sunday. Principal Planner Bermejo stated that staff did a comparison of other gyms and gave location and hours of operation and stated the hours are comparable to theirs. Commissioner Eng stated that on condition of approval number 34 she would like to add that the City Council reserves the right to approve events. City Attorney Murphy stated that he recommends that it should remain City so that staff can determine what level of review would be required under the code. Commissioner Eng stated that it would hold the applicant responsible for obtaining a live entertainment permit. Vice-Chairman Alarcon stated that there is no alcohol involved and that is a big difference. Commissioner Ruiz stated that he would like to add a condition limiting or making sure that it is Police Officers taking the Police Officer training class. He also stated that he would like to see it in writing before approval and that he does not want this type of training to fall into the wrong hands. Adam Sedlack responded from the audience and stated that this will not be offered without prior approval of the Police Chief. Commissioner Ruiz stated that maybe we can add that this will take effect when our Police Chief approves it. City Attorney Murphy stated that the condition be read any group training provided to law enforcement personnel should be provided in conjunction with the applicable Chief of Police or Commander of the Law Enforcement group and the training will take place in a closed room. The training will only be available to individuals designated by the Chief or Commander and a plan of the training will be submitted to the city prior to any such training taking place. He also stated that he would like it left broad so that maybe the City of El Monte to the south could participate, not just Rosemead. Adam Sedlack stated that closed quarter combat training is the correct wording and it is not on the schedule of classes offered yet. He also stated it will be controlled with the Police Department. Commissioner Ruiz questioned the applicant if the instructor is a POST certified instructor. Adam Sedlack stated that the instructor is certified but not sure if he is Post Certified and he could not answer that right now. Commissioner Ruiz stated that is important to make sure that the instructor is Post Certified by the state when they speak to the Police Chief. Principal Planner Bermejo asked Commissioner Ruiz what POST certified meant. Commissioner Ruiz stated that it is a peace officer standardized training that they go through in the Police Academy. City Attorney Murphy stated that the introductory phrase of condition of approval number 49 should reference "closed quarter combat training." Commissioner Eng stated that condition of approval number 40 should be broader and state, "until all applicable city permits are obtained". Principal Planner Bermejo stated that staff is agreeable will make the change 8 Commissioner Eng questioned the applicant when did they anticipate being operational in Rosemead. Adam Sedlack stated as soon as we get clearance from the City of Rosemead, hopefully in the spring. Vice-Chairman William Alarcon made a motion, seconded by Commissioner Victor Ruiz, to APPROVE Planned Development Review 09-01 for a period of six (6) months and adopt Resolution 09-20, subject to conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Eng, Herrera, Ruiz No: None Abstain: Hunter Absent: None 5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS Commissioner Eng questioned staff on the status of Valley Gateway and Fresh & Easy. Principal Planner Bermejo stated that staff has been talking with Fresh & Easy, and they are working on their master sign program. She also stated that the Universal Bank is currently in building plan check and that staff just had a meeting with the property owner last week. Commissioner Eng would like to adjourn the meeting with memory of Vicky Chang, a young resident of Rosemead who recently passed away, due to an accident with a drunk driver, and her friend Elaine Lee who was also injured. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF None 7. ADJOURNMENT The next regular meeting is scheduled for Monday, November 2, 2009 Meeting adjourned at 8:48 p.m. r d~u 4 ana Herrera Chairwoman AT ST: Q Rachel Lockwood Commission Secretary 9