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PC - Item 4A - Modification 11-06 at 8920 Glendon WayROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 5, 2012 SUBJECT: MODIFICATION 11 -06 8920 GLENDON WAY SUMMARY UFC Gym has submitted a Modification (MOD) application, requesting to modify the conditions of approval for Planned Development Review (PDR) 09 -01 to allow UFC Gym to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym. The business is currently operating from 5:00 a.m. to 11:00 p.m. The subject site is located at 8920 Glendon Way, in the P -D (Planned Development) zone. The public hearing for MOD 11 -06 was originally scheduled on February 6, 2012. However, the applicant requested continuance during the public hearing, which was approved by the Planning Commission. Environmental Determination Section 15301 of the California Environmental Quality Act (CEQA) guidelines exempt projects that consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Modification 11 -06 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA guidelines. Staff Recommendation Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Modification 11 -06 and ADOPT Resolution No. 12 -03 with findings (Exhibit "A "), subject to fifty -two (52) conditions outlined in Exhibit "B" attached hereto. Property History and Description The subject site is located north of the San Bernardino (1 -10) Freeway, just west of Rosemead Boulevard, on the southwest corner of Glendon Way and the Interstate 10- PC Meeting March 5, 2012 MOD 11 -06 Page 2 of 25 Freeway On /Off Ramp. The project area consists of one parcel, totaling approximately 3.17 acres (138,094± square feet). The site is developed with a 39,703 square foot building, which is currently occupied by UFC Gym. According to Planning Division records, on October 19, 2009, the Planning Commission approved PDR 09 -01 for the operation of a fitness club. However, the Planning Commission's decision was appealed to the City Council for further discussion and consideration by then Mayor Pro Tem Gary Taylor. On November 17, 2009, the City Council upheld the Planning Commission's approval with modifications to the conditions of approval. Site & Surrounding Land Uses The site is designated in the General Plan for Commercial and on the Zoning Map it is designated for PD (Planned Development). The site is surrounded by the following land uses: North Interstate 10 (1 -10) Freeway - General Plan: High Density Residential and Commercial Zoning: PO -D (Professional Office with a Design Overlay) and P -D (Planned Development) Land Use: Residential and Hotel South: General Plan: Interstate 10 (1 -10) Freeway Zoning: Interstate 10 (1 -10) Freeway - Land Use: Interstate 10 (1 -10) Freeway East: General Plan: Commercial Zoning: C -31D (Medium Commercial with a Design Overlay) Land Use: Shopping Center West: General Plan: Commercial Zoning: P -D (Planned Development) and C -31D (Medium Commercial with a Design Overlay) Land Use: Parking Lot PC Meeting March 5, 2012 MOD 11 -06 Page 3 of 25 Administrative Analysis Planned Development Review 09 -01 was approved with 49 conditions of approval. The Conditions of Approval have been attached to this staff report as Exhibit "C." The applicant is requesting to modify Conditions of Approval Number 33, 34, and 35 to allow the fitness club to operate 24- hours, host televised events for their members, and allow sparring as a form of training in the gym. Conditions 33, 34, and 35 currently state: 33. The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m., daily. 34. Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way or otherwise come into physical contact (e.g., by wrestling, grappling, or throwing one another) (Modified by the City Council on November 17, 2009). 35. In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact between not more than two (2) patrons is permitted for instructional use, but controlled contact shall require an employee to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact. The foregoing shall not be deemed to prohibit one (1) employee of applicant to have direct uncontrolled contact with one (1) patron in connection with the patron's training by the employee on the subject property (Modified by the Planning Commission on October 19, 2009). Request #1: 24 -Hour Operation In a letter written to the City (attached as Exhibit "D "), UFC Gym has indicated that they are requesting to operate 24 -hours because a high percentage of their customers are subject to early morning or late evening commutes. They have also indicated that they have received a high demand from their clientele requesting that they extend their hours of operation in the City of Rosemead. The three other active UFC Gyms in the cities of Concord, Torrance, and Corona are currently operating 24- hours. Staff coordinated the review of this request with several City Departments. Based on the review, it is recommended that Condition of Approval Number 33 be revised to allow the operation of a 24 -hour fitness gym. This request will serve members within the surrounding neighborhoods with both traditional and nontraditional schedules, allowing access to the fitness gym to be convenient for their individual needs. Staff's inspection determined that the gym's existing parking lot lighting and extensive security plan, which was approved by the Chief of Police, would be adequate for the PC Meeting March 5, 2012 MOD 11 -06 Page 4 of 25 proposed 24 -hour operation. The Chief Police recently conducted a site inspection and is in support of this request. He has indicated that since UFC Gym began operating in 2010, there have been no locker theft incidents and only a couple of thefts in the parking lot. Lastly, it is anticipated that the current parking facilities at UFC gym will be sufficient for the expanded hours of operation. The City required UFC gym to complete a Trip Generation and Parking Demand Analysis in 2009. This study included a 24 -hour parking demand survey in order to collect data in a 24 -hour setting. The analysis concluded that the gym would have a surplus of parking both during weekdays and weekends based on the current off - street parking supply. The City has not had any substantial new businesses or major residential developments added to the immediate geographic area in the past two years that would affect parking demand between the hours of 11:00 pm and 5:00 am. As such, there are no changed conditions that would require a new parking study and it is reasonable to rely on the 2009 study. Request #2: Hosting Family Event Nights UFC Gym is also requesting to host "safe family event" nights for their members, which includes televising live events ranging from boxing, mixed martial arts, etc. to family movies. UFC Gym has expressed in their application that they take pride in hosting free and safe events in their fitness clubs. They have also expressed that the other UFC Gyms in Concord, Torrance, and Corona are currently hosting these events for their members. The floor plan, attached in this staff report as Exhibit "E," indicates that the gym floor has separate areas for kids and adults. They will host the kids' events within the Kid's Gym area. The live events for adults will be televised on their existing television screens in the gym's main floor, which includes the retail store /juice bar and personal training area. UFC Gym has expressed that they anticipate an attendance of 80 -180 gym members at these events. Staff has contacted the Police Departments in Concord, Torrance, and Corona regarding UFC Gym's family event nights and all three Police Departments have indicated that they have not had any problems with UFC Gym, and that their business has cooperated wonderfully in their cities. To ensure that the hosting of family event nights will not create any negative impacts, the following new conditions of approval are proposed: 1. Only UFC Gym members are permitted to attend the family event nights. The areas designated for the family event night shall be consistent with the event layout, attached as Exhibit "E." 2. UFC Gym shall only host one (1) family event night per month within the gym facility and all such events shall end no later than 10:00 p.m. PC Meeting March 5, 2012 MOD 11 -06 Page 5 of 25 Lastly, it is recommended that Condition of Approval Number 34 be revised to state the following: Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any live, onsite mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way. This condition of approval does not prohibit the gym from hosting televised events as part of their family event night. Request #3: Incorporate Sparring as Part of Training Lastly, UFC Gym is requesting to incorporate sparring as part of their training. According to UFC Gym, sparring is a form of consensual training and a necessary part of learning and practicing to achieve a certain skill set needed to advance in martial arts. It's a free form training often performed within two to three feet between partners with the instructors present to provide professional guidance, rules, and customs. UFC Gym has indicated that they would like to have the equal right to incorporate sparring as a form of training for their members. The intent of this request is to use sparring as part of their instructional training and to not inflict pain or injury. To ensure that sparring is used as a form of consensual training, only performed under the supervision of a professionally trained instructor, and to prevent such activity from becoming a combative, it is recommended that Condition of Approval Number 35 be revised to state the following: In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact, such as sparring between not more than two (2) patrons is permitted for instructional use, but controlled contact shall require a professionally trained instructor to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact. The foregoing shall not be deemed to prohibit one (1) professionally trained instructor of applicant to have direct uncontrolled contact with one (1) patron in connection with the patron's training by a professionally trained instructor on the subject property. Municipal Code Requirements The Planned Development zone is designated to accommodate various types of development such as shopping centers, professional and administrative areas, multiple housing developments, single - family residential developments, commercial service centers and industrial parks and other uses or a combination of uses which can be made appropriately a part of planned development. Section 17.76 of the Rosemead Municipal Code (RMC) states the development as authorized shall be subject to all conditions so imposed. Such conditions may be modified where circumstances warrant after a hearing by the Planning Commission. PC Meeting March 5, 2012 MOD 11 -06 Page 6 of 25 Sections 17.76.050 and 17.1126.010 provide the criteria by which the Planning Commission may approve, approve with conditions, or deny a Planned Development Review application: • That the proceedings to alter the development plan for this Planned Development zoned property is justified in that it is in the public's necessity, convenience, and general welfare and is good zoning practices for such action; UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym will not alter the development plan for the Planned Development and is in the public's necessity, convenience, and general welfare, and is good zoning practice. The 24 -hour request will serve members within the surrounding neighborhoods with both traditional and nontraditional schedules, allowing access to the fitness gym to be convenient for their individual needs. Staffs inspection determined that the gym's existing parking lot lighting and extensive security plan, which was approved by the Chief of Police, would be adequate for the proposed 24 -hour operation. Staff has contacted the Police Departments in Concord, Torrance, and Corona regarding UFC Gym's family event nights and all three Police Departments have indicated that they have not had any problems with UFC Gym, and that their business has cooperated wonderfully in their cities. Conditions of approval have been added to ensure that the hosting of family event nights will not create any negative impacts. These conditions include permitting only UFC Gym members to attend the family event nights and permitting UFC Gym to host one family event night per month. Lastly, the use of sparring as part of UFC Gym's instructional training is intended not to inflict pain or injury. Sparring is used as a form of consensual training, only performed under the supervision of a professionally trained instructor, and to prevent such activity from becoming a combative. • The Planning Commission may approve or conditionally approve minor modifications or development in the Planned Development zone if compliant with the General Plan and compatible with existing and future developments in surrounding areas. The site is designated in the General Plan for Commercial and on the Zoning Map it is designated for PD (Planned Development). Modification 11 -06 will be consistent with Policy 2.3 of the General Plan, as it encourages continued development of self - sustaining commercial uses at strategic intersections. UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym may have potential benefits to the business and the community. Furthermore, conditions have been added to ensure that the expansion of use will be compatible with existing and future development. PC Meeting March 5, 2012 MOD 11 -06 Page 7 of 25 Lastly, the proposed use is in conformity with the General Plan, in that P -D (Planned Development) zoning is a corresponding zone district with the Commercial land use category. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to fifteen (15) property owners, publication in the San Gabriel Valley Tribune, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: Lily Trinh Michelle Ramirez Assistant Planner Acting Community Development Director EXHIBITS: A. Resolution 12 -03 B. Conditions of Approval C. Planned Development Review 09 -01 Conditions of Approval D. UFC Gym Letter of Request E. Floor Plan (with event layout) and Site Plan PC Meeting March 5, 2012 MOD 11 -06 Page 8 of 25 EXHIBIT "A" PC RESOLUTION 12 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11 -06 FOR THE MODIFICATION OF THE CONDITIONS OF APPROVAL OF PLANNED DEVELOPMENT REVIEW (PDR) 09 -01 TO ALLOW UFC GYM TO OPERATE 24- HOURS, HOST FAMILY EVENT NIGHTS, AND ALLOW SPARRING AS A FORM OF TRAINING IN THE GYM. THE SUBJECT SITE IS LOCATED AT 8920 GLENDON WAY, IN THE PD (PLANNED DEVELOPMENT) ZONE (APN: 5390 -018 -036). WHEREAS, on December 19, 2011, UFC Gym submitted a modification application to modify the Conditions of Approval of Planned Development Review 09 -01 to allow UFC Gym to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym, located at 8920 Glendon Way; and WHEREAS, 8920 Glendon Way is located in the PD (Planned Development) Zone; and WHEREAS, Chapter 17.76 of the Rosemead Municipal Code specifies the criteria by which the aforementioned permit may be granted; and WHEREAS, on February 23, 2012, fourteen (14) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, plus the date, time and location of the public hearing for Modification 11 -06; and WHEREAS, on March 5, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -06; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Modification 11 -06 is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines, where projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing PC Meeting March 5, 2012 MOD 11 -06 Page 9 of 25 at the time of the lead agency's determination. Accordingly, Planned Modification 11 -06 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -06 according to the Criteria of Chapter 17.76 of the Rosemead Municipal Code as follows: A. That the proceedings to alter the development plan for this Planned Development zoned property is justified in that it is in the public's necessity, convenience and general welfare and is good zoning practices for such action; FINDING: UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym will not alter the development plan for the Planned Development and is in the public's necessity, convenience, and general welfare, and is good zoning practice. The 24 -hour request will serve members within the surrounding neighborhoods with both traditional and nontraditional schedules, allowing access to the fitness gym to be convenient for their individual needs. Staff's inspection determined that the gym's existing parking lot lighting and extensive security plan, which was approved by the Chief of Police, would be adequate for the proposed 24 -hour operation. Staff has contacted the Police Departments in Concord, Torrance, and Corona regarding UFC Gym's family event nights and all three Police Departments have indicated that they have not had any problems with UFC Gym, and that their business has cooperated wonderfully in their cities. Conditions of approval have been added to ensure that the hosting of family event nights will not create any negative impacts. These conditions include permitting only UFC Gym members to attend the family event nights and permitting UFC Gym to host one family event night per month. Lastly, the use of sparring as part of UFC Gym's instructional training is intended not to inflict pain or injury. Sparring is used as a form of consensual training, only performed under the supervision of a professionally trained instructor, and to prevent such activity from becoming a combative. B. The Planning Commission may approve or conditionally approve minor modifications or development in the Planned Development zone if compliant with the General Plan and compatible with existing and future developments in surrounding areas. FINDING: The site is designated in the General Plan for Commercial and on the Zoning Map it is designated for PD (Planned Development). Modification 11 -06 will be consistent with Policy 2.3 of the General Plan, as it encourages continued development of self- sustaining commercial uses at strategic intersections. UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym may have potential benefits to the business and the community. Furthermore, PC Meeting March 5, 2012 MOD 11 -06 Page 10 of 25 conditions have been added to ensure that the expansion of use will be compatible with existing and future development. Lastly, the proposed use is in conformity with the General Plan, in that P -D (Planned Development) zoning is a corresponding zone district with the Commercial land use category. SECTION 3. The Planning Commission HEREBY APPROVES Planned Development Review 09 -01, to convert an existing 39,703 square foot commercial building into a fitness center, located at 8920 Glendon Way, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on March 5, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5th day of March, 2012. Nancy Eng, Chair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 5th day of March, 2012, by the following vote: YES: NO: ABSENT: ABSTAIN: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP PC Meeting March 5, 2012 MOD 11 -06 Page 11 of 25 EXHIBIT "B" MODIFICATION 11 -06 (APN: 5390 - 018 -036) CONDITIONS OF APPROVAL March 5, 2012 1. The following conditions of approval must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Planned Development Review 09 -01 is approved to convert an existing 39,703 square foot commercial building into a fitness center, to be developed in accordance with the architectural plans marked Exhibit "C", dated September 28, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Planned Development Review 09 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized . affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. Planned Development Review 09 -01 is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Planned Development Review has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void (Modified by the Planning Commission on October 19, 2009). 6. Planned Development Review 09 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for PC Meeting March 5, 2012 MOD 11 -06 Page 12 of 25 any violations of the conditions imposed on Planned Development Review 09 -01. 7. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 8. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the approved plans. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 11. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 12.City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 14.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior City approval. 15.Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '/ inches, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Division. 17. Gym patrons and employees shall be prohibited from parking in the parking area on the adjacent Parcel A (APN: 5390 - 018 -037). Unless such permission is granted by the owners of Parcel A (APN: 5390 - 018 -037), the gym management shall advise its patrons and employees not to park within Parcel A (APN: 5390- PC Meeting March 5, 2012 MOD 11 -06 Page 13 of 25 018 -037) at any time. The gym shall post a written notice in the gym reception area and parking lot informing customers of this condition. 18.The parking area within Parcel B, as indicated on the site plan in Exhibit "C," shall be re- striped. 19.The parking area within Parcel B, as indicated on the site plan in Exhibit "C ", including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20.The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Division, including double striping, wheel stops and handicapped parking /markings. 21.At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and. development of the site. 23.The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 569 -2345 for assistance. 24.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Planned Development Review 09 -01. 25.The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 26.The applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 27.AII roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical PC Meeting March 5, 2012 MOD 11 -06 Page 14 of 25 equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 28.A landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All existing landscape planters onsite and in the public right -of -way, adjacent to the lot, shall be renovated with new drought tolerant landscape materials. 29.The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. A new automatic irrigation system, with moisture sensors, will also be required in any planter that is not being adequately maintained by the existing system. 30. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 31.The existing trash enclosure located along the west property line shall be fully enclosed with a solid cover and have opaque steel self - closing and self - latching doors. 32.Adequate lighting shall be provided in the vehicle parking area. A lighting plan shall be reviewed and approved by the Planning Division prior to the issuance of building permits. 33.The hours of operation shall be posted in the front window or door. Hours of operation shall be 24- hours. 34.Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any live, onsite mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way. This condition of approval does not prohibit the gym from hosting televised events as part of their family event night. 35. In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact, such as sparring between not more than two (2) patrons is permitted for instructional use, but controlled contact shall PC Meeting March 5, 2012 - MOD 11-06 Page 15 of 25 require a professionally trained instructor to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact. The foregoing shall not be deemed to prohibit one (1) professionally trained instructor of applicant to have direct uncontrolled contact with one (1) patron in connection with the patron's training by a professionally trained instructor on the subject property. 36. No exterior vending machines shall be permitted. 37.A security plan shall be submitted to the City of Rosemead Chief of Police for review and approval, prior to the issuance of building permits. The security plan shall include a surveillance camera system, the presence of a security guard during night time hours of operation, a parking lot lighting plan, and picture ID Membership control system. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriffs Department incident reports, the City shall have the right to require additional security measures. 38.A final sign plan shall be submitted to the Planning Division for review and approval, prior to Planning Final Inspection. The exterior building wall signs shall consist of internally illuminated channel letters and logos with bronze returns and trim caps. The background on the double -sided pylon signs shall be opaque, so that only the letters illuminate during night -time illumination. The pylon signs shall be re- painted. All signage proposed shall comply with RMC Section. 17.76.120. 39.The applicant shall obtain a Certificate of Occupancy Permit and any applicable City of Rosemead Business License prior to beginning business operations. 40.Additional services, which include chiropractic services, tanning, therapeutic massage, sports, rehabilitation therapy, babysitting, etc. shall not be allowed, unless and until the applicant receives approval of a Planned Development Review from the Planning Commission for such services and all applicable permits are obtained (Modified by the Planning Commission on October 19, 2009). 41. The applicant shall remove the existing loading dock which extends beyond the property line to the satisfaction of the Rosemead Building Official and Rosemead City Engineer, prior to Planning Final Inspection. 42. All openings along the west property line shall be closed to the satisfaction of the Rosemead Building Official, prior to Planning Final Inspection. 43.AII bent or broken bollards or wheel stops in the parking lot area shall be removed and replaced. 44. All dilapidated block walls surrounding the property shall be replaced. PC Meeting March 5, 2012 MOD 11 -06 Page 16 of 25 45.AII portions of the building affected by graffiti shall be re- painted to match the base color of the building. 46.AII light fixtures shall be re- painted. 47.AII "Levitz Furniture" signs in the parking lot area shall be removed. 48.Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings. 49. Closed Quarter Combat (CQC) training provided to law enforcement personnel shall be provided in conjunction with the applicable Chief of Police or Commander of the Law Enforcement and the training will take place in a closed room. The training will only be available to individuals designated by the Chief of Commander and a plan for the training will be provided to the city prior to any such training taking place (Added by the Planning Commission on October 19, 2009). 50.Only UFC Gym members are permitted to attend the family event nights. The areas designated for the family event night shall be consistent with the event layout, attached as Exhibit "E." 51.UFC Gym shall only host one (1) family event night per month within the gym facility and all such events shall end no later than 10:00 p.m. 52.AII unpermitted signage along the south elevation shall be removed. PC Meeting March 5, 2012 MOD 11 -06 Page 17 of 25 EXHIBIT "C" PLANNED DEVELOPMENT REVIEW 09 -01 (APN: 5390 - 018 -036) CONDITIONS OF APPROVAL October 19, 2009 1. The following conditions of approval must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Planned Development Review 09 -01 is approved to convert an existing 39,703 square foot commercial building into a fitness center, to be developed in accordance with the architectural plans marked Exhibit "C ", dated September 28, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Planned Development Review 09 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. Planned Development Review 09 -01 is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Planned Development Review has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void (Modified by the Planning Commission on October 19, 2009). 6. Planned Development Review 09 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for PC Meeting March 5, 2012 MOD 11 -06 Page 18 of 25 any violations of the conditions imposed on Planned Development Review 09 -01. 7. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 8. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the approved plans. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 11. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 12. City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 14.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior City approval. 15.Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of Y4 inches, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Division. 17. Gym patrons and employees shall be prohibited from parking in the parking area on the adjacent Parcel A (APN: 5390 - 018 -037). Unless such permission is granted by the owners of Parcel A (APN: 5390 - 018 -037), the gym management shall advise its patrons and employees not to park within Parcel A (APN: 5390- PC Meeting March 5, 2012 MOD 11 -06 Page 19 of 25 018 -037) at any time. The gym shall post a written notice in the gym reception area and parking lot informing customers of this condition. 18.The parking area within Parcel B, as indicated on the site plan in Exhibit "C," shall be re- striped. 19.The parking area within Parcel B, as indicated on the site plan in Exhibit "C ", including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20.The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Division, including double striping, wheel stops and handicapped parking /markings. 21.At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 23.The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty -four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 569 -2345 for assistance. 24.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Planned Development Review 09 -01. 25.The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 26.The applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 27.AII roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical PC Meeting March 5, 2012 MOD 11 -06 Page 20 of 25 equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 28.A landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All existing landscape planters onsite and in the public right -of -way, adjacent to the lot, shall be renovated with new drought tolerant landscape materials. 29.The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. A new automatic irrigation system, with moisture sensors, will also be required in any planter that is not being adequately maintained by the existing system. 30. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 31.The existing trash enclosure located along the west property line shall be fully enclosed with a solid cover and have opaque steel self - closing and self - latching doors. 32.Adequate lighting shall be provided in the vehicle parking area. A lighting plan shall be reviewed and approved by the Planning Division prior to the issuance of building permits. 33.The hours of operation shall be posted in the front window or door. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m., daily. 34.Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way or otherwise come into physical contact (e.g., by wrestling, grappling, or throwing one another) (Modified by the City Council on November 17, 2009). 35. In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact between not more than two (2) PC Meeting March 5, 2012 MOD 11 -06 Page 21 of 25 patrons is permitted for instructional use, but controlled contact shall require an employee to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact. The foregoing shall not be deemed to prohibit one (1) employee of applicant to have direct uncontrolled contact with one (1) patron in connection with the patron's training by the employee on the subject property (Modified by the Planning Commission on October 19, 2009). 36. No exterior vending machines shall be permitted. 37.A security plan shall be submitted to the City of Rosemead Chief of Police for review and approval, prior to the issuance of building permits. The security plan shall include a surveillance camera system, the presence of a security guard during night time hours of operation, a parking lot lighting plan, and picture ID Membership control system. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. 38.A final sign plan shall be submitted to the Planning Division for review and approval, prior to Planning Final Inspection. The exterior building wall signs shall consist of internally illuminated channel letters and logos with bronze returns and trim caps. The background on the double -sided pylon signs shall be opaque, so that only the letters illuminate during night -time illumination. The pylon signs shall be re- painted. All signage proposed shall comply with RMC Section 17.76.120. 39. The applicant shall obtain a Certificate of Occupancy Permit and any applicable City of Rosemead Business License prior to beginning business operations. 40.Additional services, which include chiropractic services, tanning, therapeutic massage, sports, rehabilitation therapy, babysitting, etc. shall not be allowed, unless and until the applicant receives approval of a Planned Development Review from the Planning Commission for such services and all applicable permits are obtained (Modified by the Planning Commission on October 19, 2009). 41. The applicant shall remove the existing loading dock which extends beyond the property line to the satisfaction of the Rosemead Building Official and Rosemead City Engineer, prior to Planning Final Inspection. 42. All openings along the west property line shall be closed to the satisfaction of the Rosemead Building Official, prior to Planning Final Inspection. 43.AII bent or broken bollards or wheel stops in the parking lot area shall be removed and replaced. PC Meeting March 5, 2012 MOD 11 -06 Paoe 22 of 25 44.AII dilapidated block walls surrounding the property shall be replaced. 45.AII portions of the building affected by graffiti shall be re- painted to match the base color of the building. 46. All light fixtures shall be re- painted. 47. All "Levitz Furniture" signs in the parking lot area shall be removed. 48. Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings. 49. Closed Quarter Combat (CQC) training provided to law enforcement personnel shall be provided in conjunction with the applicable Chief of Police or Commander of the Law Enforcement and the training will take place in a closed room. The training will only be available to individuals designated by the Chief of Commander and a plan for the training will be provided to the city prior to any such training taking place (Added by the Planning Commission on October 19, 2009). PC Meeting March 5, 2012 MOD 11 -06 Page 23 of 25 EXHIBIT "D" MMUM AS RE�,L AS IT GET. • ^' February 9, 2011 City of Rosemead RE: UFC Gym 8920 Glendon Way Rosemead, CA 91770 To whom it may concern: UFC Gym is respectfully requesting to maintain a 24/7 business hour schedule in the city of Rosemead. We find that a high percentage of our customers are subject to early moming or late evening commutes and have also conditioned themselves to a non - traditional work schedule. As such, we have received a high demand from our clientele to extend our business hours in the city of Rosemead. Currently, our 3 other Active UFC Gym dub locations are already 2417 clubs. As with most businesses we want to be able to meet the need of the customer. We also find that this will allow our clientele to grow bringing more business and revenue to our city. The UFC brand is expanding and growing into a huge phenomenon. With expanded hours we will be able to market more and appeal to a wider span of clientele ranging from police officers, firefighters, emergency medical workers, care givers, casino employees and a host more. In addition, UPC Gym brands the "Train Different" motto and markets to the whole family. Out brands main focus is about getting the entire family participating in a healthy lifestyle and is what sets our company apart from others. We take pride in hosting free safe events in our clubs for our members, to where the whole family can come out to the club and enjoy our televised live events ranging from family movie night, boxing, mixed martial arts Etc. We also offer a wide variety of planned activities for the kids too and promote events and contests for them during the holidays. Currently in our other locations, Concord, Torrance and Corona, UFC Gym hosts a Family Event Night for members only. This is an evening geared for the whole family. We offer free kids club for the smaller kids, and our instructors hold various activities for the age appropriate kids in the Octagon. We show various films and UFC events in the club for members. immediately following the showing, members vacate the premises as we do not allow them to linger In the club after. No alcohol will be permitted in or around the club premises. We do agree not to have live fighting in the gym. UFC GYM does offer sparring. Sparring is a form of consensual training and a necessary part of learning and practicing to achieve a certain skill set needed to advance in martial arts. Sparring is essentially free form training often performed within two to three feet of partners, with our instructors professional guidance, rules, and customs, while in our controlled environment to make injuries unlikely. Sparring is a normal training technique used in all MMA Gyms around the world Including UFC Gym and its facility In Rosemead. We would suggest condition 35 be changed to: UFC GYM will not have any live tournaments or matches within the gym without city council approval. Sparring is a normal part of conditioning for ail athletes in and beyond the walls of the UFC. Currently all gyms in and out of the UPC Family have ability to train through sparring. Members at LA Fitness, local MMA gyms, youth gyms, all located in Rosemead currently have the ability and also participate in such training methodologies. UPC GYM would like to have the equal right to host sparring/training for all of our current members. When sparring the patrons are always in a controlled atmosphere. With 30+ coaches and trainers always on staff the facility is well managed and has created the atmosphere of safety. Please notify our office if you have questions or addttlonal information is needed. Respectfully, / uY K M!"ray (1 General Manager UFC GYM Rosemead PC Meeting March 5, 2012 MOD 11-06 Page 24 of 25 EXHIBIT "V Floor Plan 0 m 46 [C 1 FS ARB Im. orF E t r TV's Seating for event Viewing T on workout floor and ArmBar —== 771 Additional Seating T VV's k =nR 0 0 0 0 4 0 a POW 61 0 a 0 T I Occupancy 346 0 TVs SPECIAM O u 411 40 m n, �4 Seating for Event Viewing the 0 PrmRAl 11 MUM 0 F rOUIPMF A, N INING 'k 0 32- n 0 -41 -41 a T-- T « sp,�•m a W/o 26 3 3 D W, 3 3 x IV x x rRF1 w 11,M W.RWIff MIA PC Meeting March 5, 2012 MOD 11 -06 Page 25 of 25 Site Plan 2 Y F 7 I t t t G 'L 8 F u e