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PC - Item 4A - Minutes 3-5-12Minutes of the PLANNING COMMISSION MEETING March 5, 2012 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m. in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Chair Eng INVOCATION - Commissioner Saccaro ROLL CALL - Commissioners Herrera, Hunter, Saccaro, Vice -Chair Ruiz, and Chair Eng OFFICIALS PRESENT: City Attorney Murphy, Acting Community Development Director Ramirez, City Planner Bermejo, Assistant Planner Trinh, and Commission Secretary Lockwood. 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 - February 6, 2012 Commissioner Hunter made a motion, seconded by Commissioner Herrera, to approve the minutes of February 6, 2012 as presented. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. MODIFICATION 111 -06 - 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. 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). 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, subject to fifty -two (52) conditions. Assistant Planner Trinh presented the staff report. She stated staff would like to add an additional Condition of Approval, Condition number fifty -three (53) to state, "No outside food or beverages shall be brought into the gym by gym patrons for any event authorized by Condition of Approval number thirty- four(34) ". She stated staff and the applicant are available to answer any questions. Chair Eng stated that she had some comments Greg Murphy, City Attorney, addressed Chair Eng and recommended that Commissioner comments be presented after testimony has been given, unless the comments address staffs presentation or any other questions about the presentations material. He stated it is important for the Commission to first hear from the public, staff, and any consultants and then offer general comments, so the Commissioners comments do not influence what the public may have to say. Chair Eng stated that her comments relate to the staff report and asked Greg Murphy, City Attorney, if it would be appropriate to make the comments. Greg Murphy, City Attorney, replied yes Chair Eng expressed concern that this staff report may have been rushed and may be incomplete. She stated the following: that she recalls in past Modifications to Conditional Use Permit applications included prior minutes, staff report, and traffic analysis to help provide background information for the Planning Commission to review, and (2) That staff has advised her that including the minutes from prior applications has not been done in the past. She explained that including the background information for this application is important because some of the Planning Commissioners were not present at the time and are not familiar with the past history. She expressed that the entitlement process should be quicker and more efficient but it needs to done correctly and not sacrifice speed for quality: She understands that staff has a heavy workload and is under staffed but she has confidence that staff will be able to do this. She concluded by asking the Planning Commission if they had any questions for staff. Vice -Chair Ruiz asked staff if Public Hearing notices had been sent out and what the radius was. Assistant Planner Trinh replied yes, Public Hearing notices were sent out and it is a 300 feet radius and only to the property owners. Vice -Chair Ruiz confirmed it was 300 feet and stated that this is not adequate for this type of modification Chair Eng expressed that she has the same concerns as Vice -Chair Ruiz, she did not feel fourteen (14) Public Hearing notices were enough, that there are more residential properties in this area that will be impacted by this application for traffic alone if it is open 24- hours. City Planner Bermejo stated the standard notification practice for the City of Rosemead follows the state law regulations and the standard requirement is a radius of 300 feet mailed to the property owner only. She explained to the Planning Commission that there are a lot of apartments across from the UFC gym and that the Public Hearing 2 notice is mailed to the property owner and not the tenant. She also explained that the notice is published in the San Gabriel Tribune, posted on site, and posted in six (6) standard city locations. Chair Eng asked if staff has the option or flexibility to exceed the 300 radius if staff feels the application will have significant impact in the neighborhood. City Planner Bermejo replied that staff treats all projects evenly and fairly and staff follows the standard requirement of 300 feet, and we do not increase the radius for different types of projects and it is included in the staff reports. Chair Eng asked Greg Murphy, City Attorney, if the Planning Commission does not feel that adequate Public Hearing notices were mailed out, can the Commission request for further notice. Greg Murphy, City Attorney, replied that as long as staff complied with State Law Government Code Notification requirements, they have met their legal obligation. He stated the Planning Commission maybe of the opinion that a notice for a greater area would be preferable. The notification requirements have been met and we cannot change those requirements at an ad hoc basis, because changing them from project to project winds up with a situation where there isn't a standard and without a standard in place like the one provided in the government code, we begin to have due process concerns and equal protection concerns where some projects are considered differently from others simply based on concerns over potential impacts rather than treating them equally. He stated because staff has followed the State Law Government Code and the City of Rosemead requirements he advises that the decision tonight not be held up due to notification procedures. Chair Eng stated that the area is a Planned Development zone and asked staff how the 24 -hour operation would impact traffic and parking when the West parcel and the Glendon Hotel projects are developed. She also asked how a requested modification would, or expansion of use, is compatible with the existing future development for this area. She stated that the staff report has indicated that conditions of approval have been added to aide in the compatibility and she asked staff what are these conditions. City Planner Bermejo requested that Chair Eng repeat her questions. Chair Eng stated this is a three:part question. The first one is in this Planned Development zone, how will a 24 -hour operation impact traffic and parking when the West parcel and the Glendon Hotel projects are developed. She confirmed with staff that these two parcels are also part of the Planned Development zone correct. City Planner Bermejo replied that is correct and explained that there is a Planned Development zoning designation over two parcels in that general area and one of the parcels is where the UFC Gym is located and the other is the original parking lot, which is not part of the project. She explained that the original project included the parcel which currently has the gym location on it and the parking facilities are those that are on the parcel where the building is located. Acting Community Development Director Ramirez stated that the Glendon Hotel is not in a Planned Development zone. Chair Eng asked staff what zone is the Glendon Hotel in. City Planner Bermejo replied that is in a Commercial zone. Chair Eng asked staff how would the requested modifications or expansion of use be compatible with the existing or future development for this area, for an understanding of the process while we are trying to develop the Glendon Hotel. Acting Community Development Director Ramirez stated the Glendon Hotel was actually hoping to partner with UFC to be able to offer their clientele the opportunity to use the UFC Gym. She stated the Glendon Hotel's clientele are gone throughout the day and come back late in the evening and the 24 -hours may actually benefit them better because they would want to use the gym late in the evening time. Chair Eng asked staff if the Glendon Hotel had any plans to have a gym of their own. Acting Community Development Director Ramirez replied no, they do not. Chair Eng mentioned that staff indicated conditions of approval have been addedto aide in the compatibility and asked staff to clarify which conditions have been added. Assistant Planner Trinh replied staff did add or modify additional conditions of approval to this request to ensure that the added services or expansion of their services would not create any impacts to. the neighborhood. She stated Condition of Approval number fifty (50) restricts that only gym members are permitted;; to attend the Family Event Nights. She stated another added condition of approval limited the family nights to one per month. She also stated that staff modified the conditions of approval to assure the approval of televised events will not create any live events on site. She explained that condition of approval number thirty -five (35) requires trained staff to be present at all times when customers are sparing. She stated staff has added or modified all these conditions of approval and conducted a site inspection to verify all the lighting, parking, and landscaping is improved. Chair Eng stated in the staff report on page, three (3), it indicates that there are three (3) active 24 -hour UFC gyms and asked staff if they are located in residential areas. Assistant Planner Trinh replied that question can be addressed to the applicant. Chair Eng referred to the area to, the west of the gym, which is the parking lot, and referenced to Condition of Approval number seventeen(17) where members and employees cannot park there and stated she did not feel that was being enforced. She asked staff if there was currently aparking agreement between the two property owners. Assistant Planner Trinh replied that is a question that the applicant can address. Chair Eng,stated.that if UFC Gym does go 24 -hours she is concerned with the west side parking lot and reported that some of the lights are out and that it is dark. She stated if 24 -hours is the direction we are going in she is requested that staff make sure lighting is sufficient. She asked staff how many parking spaces UFC Gym has. Assistant Planner Trinh replied it has 185 parking spaces. Chair Eng asked staff how many surplus parking are there and which direction is the bulk of traffic coming from in the morning, evening, and night hours. Assistant Planner Trinh replied'according to the trip generation parking analysis, the project would have a parking supply surplus of as many as fifteen (15) spaces on weekdays and twenty -two (22) on weekends. She stated staff has provided the Planning Commission a copy of the City Council staff report and inside the staff report there is an exhibit on the Trip Generation and Parking Demand Analysis, which is labeled as Exhibit E. Chair Eng referenced to the televised event viewing and asked staff if there will be any interior improvements made to facilitate Family Night Events use. Assistant Planner Trinh replied that the applicant has indicated they will be bringing in portable chairs only for these events. rd Chair Eng confirmed with staff that there will be no interior improvements. Assistant Planner Trinh replied according to the applicant no, but the applicant is present and we can defer that question to him Chair Eng asked staff if there is a difference in the maximum occupancy load for gym use and for televised family night event viewing. Assistant Planner Trinh replied the occupancy numbers listed on the floor plan is the limited occupancy load given by the fire department, but according to the applicant they will only have 80 -100 gym patrons attending these events. Chair Eng referred to Condition of Approval number thirty -five (35) and read the 'last sentence to the audience. She stated this sentence sounds like actual full fighting between a professional training instructor and a member patron. She requested clarification. Greg Murphy, City Attorney, clarified that the current Condition of Approval number thirty-five (35) states, "That the forgoing shall not be deemed to prohibit one employee to have direct uncontrolled contact with one patron in connection with the training." He explained the condition will now be more limiting and that it will require a professional trained instructor. He stated part of the rational is that the applicant desired the term "sparring" be allowed and explained that currently the term sparring is not used, instead the term of 'limited control contact" is used. He explained for the exchange of the term sparring, the applicant agreed that only professionally trained instructors would be allowed to engage in the training. He referred to the sentence that Chair Eng brought up and explained that the sentence is now more limiting on the applicant than what the City currently has in place. Chair Eng asked Greg Murphy, so by them sparring will there be direct contact. Greg Murphy, City Attorney, replied there is direct contact now and the applicant can be asked what that entails. He stated to his understanding the City currently allows direct uncontrolled contact between an employee and a patron and the City allows limited control contact between two patrons. He explained to allow that limited control contact to include sparring, which would be controlled by a professionally trained instructor. He gave the example, of an instructor and a patron sparring back and forth the same way they are allowed to now without a third person present telling them when to stop. He explained the instructor would be in charge of telling them that on their own and the applicant can probably explain the ins and outs of those situations. Commissioner Hunter asked staff if security will be provided in the 24 -hour period or will it be part -time security. Assistant Planner Trinh replied according to the applicant they will follow a security plan. The Chief of Police reviewed the security plan and went to the site to verify that the applicant has met the City standards. Greg Murphy, City Attorney, explained there is a security plan in place and it is under Condition of Approval number thirty -seven (37) and read the last sentence to the Planning Commission. He explained that if there are incident reports that leave the City or the Sheriffs Department to believe that additional security measures are needed they would have to be put in place. Chair Eng asked staff if the City has received any complaints regarding traffic or parking issues from residents living nearby. Assistant Planner Trinh replied that the Planning Division has not received any complaints. Chair Eng asked if there were any other additional questions from staff. None Chair Eng opened the Public Hearing and invited the applicant to the podium. Adam Sedlack, representative for UFC Gym, stated that he would like to present a five (5) page power point presentation. He explained that Rosemead is the second club they have opened and the first club opened was in Concord, California. He stated they have learned a lot from club one and UFC Gym is now opening club five and will be opening club ten in the next year. He stated it has been a great experience and Rosemead has helped them inside that process. He stated he would like to talk about some of the facts about -UFC Gym and Rosemead and explain some of the reasons for their request. He explained that Rosemead currently is the lowest performer in their organization created by and driven by the rules and conditions that they have to follow, which were set by the City Council. He explained that UFC stated they would be involved with the community, be the best partners we could be, and work with the schools. If you were to do a survey you would find we have done that. He stated UFC Gym has been involved in local charities and whenever possible has partnered up with the City for any potential charity that would help benefit the community. He stated sixty - seven (67) percent of UFC's members live in Rosemead so we have a very good understanding of the significant impact that the current conditions have on us. He stated the UFC Gym brand is really our concept of how UFC athletes train and how professionals train. He stated everything UFC does is focused around that and we think if people train correctly, you develop an internal community within your store that helps drive your business. He stated Rosemead UFC members are frustrated. After UFC opened, if you went to google and researched them after the conditions came 'out there was a lot of negative press from both social media and some of the local periodicals in the area. He stated their current member base of some three thousand members is frustrated on inconsistency. with Rosemead when compared with other clubs within our portfolio. He stated all their other location are open 24 -hours everyday, every other location they have has unlimited events and promotions, and has -only ten (10) conditions given to them by the City Council with the exception of Rosemead. He stated one of the top reasons for cancellation of gym memberships in the City of Rosemead is because you can't spar like our other gyms. He stated he had their financial analyst review their numbers and due to the conditions of approval that was given by the City Council, their gym has lost about two hundred and seventy six (276,000.00) thousand in revenue based 0' the inconsistencies given compared to the other clubs. He requested that as the Planning Commission to review their request to be open 24 -hours. He stated he would be happy to answer any questions and please review sparring as it really is. He also requested that he would like to leave the past condition as is and just add another condition defining the word "sparring ". He requested that the facts be reviewed and when UFC Gym came to the City of Rosemead initially, we were eager to open the gym very quickly, the location off of Interstate '10 "was appealing, but if UFC Gym had to do this all over again with the Conditions of Approval that we know about today, we probably would of never came. He explained that he attends real estate shows and an A- tenant had approached him and told him that they specifically did not come into Rosemead as a result of the specifications put on them. He stated their objective is to reset and to get back where they think they should be and that is to be consistent with what their brand is, which is consistent with what other clubs are doing and we are not asking #or any,special favors or rules, just treat us like you would treat anyone else even if our name is the UFC Gym. Vice -Chair Ruiz stated thatAdam Sedlack went around and around with Councilman Taylor on this question and asked just to be clear, is UFC Gym promoting the Ultimate Fighting Champion. Adam Sedlack replied yes, that is correct. Vice -Chair Ruiz stated that when Councilman Taylor asked that question he was told that you were not the Ultimate Fighting Champion, you are a fitness center. He also stated today the rules have changed, things have changed throughout the year and now you are saying you will be the Ultimate Fighting Champion. He asked Adam Sedlack if the sparring will be the Ultimate Fighting Champion sparring. He also stated that was a question Councilman Taylor asked and was told no, he asked Adam Sedlack to clarify that. Adam Sedlack replied it is like saying the way you play basketball and it's going to be NBA basketball, it's a question that does not connect correctly. He stated UFC stands for Ultimate Fighting Championship, which we are proud that they are fifty (50 %) percent of our ownership. He explained when they have their events it is one -on -one combat very similar to boxing and is a fast growing sport. He explained when they train they use what is called sparring which is what UFC Gym is requesting. He stated it is a way of training and compared it to the NBA one -on -one training. He told the Planning Commission UFC Gym is not going to tell two guys to get into the octagon and fight. He stated this is not about fighting and it has never been about fighting. He explained that is why there was a dilemma with Councilman Taylor because there was discussion of UFC Gym being a fighting gym and they are not a fighting gym. Vice -Chair Ruiz stated that sparring is fighting, it is controlled, but it is still fightingHe stated you spar in wrestling, boxing, and Karate, and what UFC Gym is promoting is the Ultimate Fighting Champion type of sparring. He stated that UFC Gym is claiming they will have control and asked Adam Sedlack what happens if someone gets hot - headed and hits someone. How will that be handled. Adam Sedlack replied that they have professional staff to handle that and explained that when someone gets hot- headed on a basketball court they say the same exact thing, how do you handle it. He stated it is about professional staff, professional facility, and setting down the ground rules and expectations when you join as a member that we are non - negotiable in regards to member conduct. He stated when you take a look at the number of incidents that have happened at UFC Gym in Rosemead compared to the number of incidents at other clubs in Rosemead, you can see we are much more efficient. He stated that when he thinks of this question he feels that we are getting away from the facts and diluting to the fact that they are called UFC Gym where you think there will be all these crazy fights in the facility. He expressed if the Planning Commission just look at the facts, and look at all the other gyms that do not have these conditions, you will find that UFC Gym has not had one "issue at our facility. He stated there have been fewer injuries than compared to a typical gym or Bally's because UFC Gym does not have a basketball court, where the majority of all fights happen in fitness clubs. He stated he understands the concern but the tract record speaks for itself of safety and conduct of the member base' He stated he gives more credit to the people that live in Rosemead and the members they have. He feels the reason they do not have more crime in their parking lot is because of the respect the members show for each other. Chair Eng asked Adam Sedlack so you do have measures in place to deal with those types of situations. Adam Sedlack replied they have yet to have a situation that is out of control, but we eliminated two (2) members that had bad attitudes. Chair Eng asked Adam Sedlack how many memberships UFC Gym currently has. Adam Sedlack replied he does not have that exact number at the moment but he believes it is about three thousand (3,000) active members. Vice -Chair Ruiz asked Adam Sedlack how many more members he anticipates to gain if they are allowed the 24- hours and are open from the hours of 11:00 p.m. to 5:00 a.m. Adam Sedllack replied that UFC usually averages about ten (10) workouts an hour between 12:00 a.m. to 5:00 a.m. and those are the people that live in Rosemead that drive to 24 -Hour Fitness today. Vice -Chair Ruiz asked Adam Sedlack so how many members would you have. Adam Sedlack replied that he does not have the exact number of how many members they have now, but he would guess that it would probably add an additional three to four hundred more members that would use the club on the average of one to three times a week. He stated that would be his guess. Vice -Chair Ruiz confirmed that Adam Sedlack replied three to four hundred more members and asked Chair Eng to make a note of that estimate to help address with the traffic condition. Adam Sedlack replied that number is a guess. He also wanted to address the traffic concern that was mentioned in the staff report. He informed the Planning Commission that when the club is opened 24 -hours, it actually improves traffic flow and parking for the Gym. He explained that the members, who work out from 6:00 p.m. to 8:00 p.m. which today is most members, now can come later because they do not have to rush out due to the club closing. He stated members will now come in at 9:00 p.m. or 11:00 p.m. because they know they'can stay later. He stated the facts show that even if you go to a recognized gym, like 24 -Hour Fitness, at 2:00 a.m. there are usually ten (10) cars in the parking lot. He stated it spreads out the work out flow throughout the day and alleviates some of the crowd control. He stated it actually improves the parking scenario by going 24- hours; Vice -Chair Ruiz asked Adam Sedlack if the other UFC Gyms, such as the Corona facility, is situated in a residential zone, which impacts the neighborhood, or an area with a different zone where (i.e. Trader Joe's, Stater Bros., and Costco Shopping Center) the impact to the neighborhood will be very minimal. Adam Sedlack replied no, if you were to exit the rear entrance of the UFC Gym in Corona and threw a rock you would hit an apartment complex. Vice -Chair Ruiz asked if the Torrance UFC Gym was near a residential area. Adam Sedlack replied there is a residential neighborhood right across the street. Vice -Chair Ruiz asked Adam Sedlack if they are situated similar to the City of Rosemead facility. Adam Sedlack replied it is very much similar and it is very similar to a typical 24 -Hour Fitness Club that is in most neighborhoods. Vice -Chair Ruiz;asked if it is similar to the Concord UFC Gym facility. Adam Sedlack replied that Concord is not in a neighborhood and it is located in- between two interstates. Chair Eng asked if Adam Sedlack if he would like to continue with his presentation. Adam Sedlack continued with his presentation. He explained that sparring is very safe and that gloves and mitts are used. He explained that if it is a boxing sparring you will wear a headgear set and that is what you are hitting. He explained that it's a matter of doing the movements against somebody else so it makes you more effective and a better conditioning training methodology. He stated when you go to some fitness clubs, like 24 -Hour Fitness, they have boxing sparring but UFC Gym can't do it. He stated that is what has created a lot of voice on why UFC Gym does not allow any sparring. He stated that people who know the sport and know how to train MAA style, sparring is very safe. Chair Eng asked Adam Sedlack if weapons are ever used in sparring. Adam Sedlack replied yes. In the Torrance facility, there is a stick class but this would not be necessarily be used in Rosemead. He stated he does not know the name of the class but it is a really great workout if anyone would like to try it. Vice -Chair Ruiz stated that he believes Rosemead did not want any type of weapons and UFC Gym agreed to that. He also asked if UFC Gym would be providing all the necessary equipment (i.e. body belts, chin guards, 10 oz gloves or better, and headgear) to make sparring safe. Adam Sedlack replied this is one of the best profits in the gym gift store. A lot of this equipment is sold in the other gyms and hopefully it will create some tax dollars for Rosemead. He continued with his presentation and discussed what Teen Events entailed. He explained that Pay - per -view Nights are where they show UFC competition fights on Pay - per -view, no different than when you use to watch fights for free on Fox or Fuel TV. If they are bigger fights like Mayweather boxing match, then you would pay to view them rather than watching them for free. He explained what type of activities the kids do on Pay - per -view Events and explained that it is a family focused event in the evening starting around 6:00 p.m. or 7:00 p.m. when the Pay - per -view Event starts. Duringthis time the kids will go into the kid's gym or octagon to play games and the adults watch the fights. He stated it is, one great environment and you have to experience the event to appreciate it. He stated it is a very unique and fun family atmosphere. Chair Eng asked Adam Sedlack if children will be able to watch the fights along with their parents If they choose to. Adam Sedlack replied yes. He explained that he trusts the parents and if they feel it is alright for their children to watch, then he completely supports it. Chair Eng stated her concern is that the media has reported there is a lot of bullying taking place these days and gave an example of a recent story which involved two girls, ages (9) and ten (10), that had a fist fight over a boy and, as a result, one of the girls died. She expressed concern that exposure to this type of fighting will encourage children to think it is alright to engage in this type of fighting. , She explained that she is alright with adults viewing the Pay -per- view Events because they understand what it is about, but she is concerned with the children viewing these types of fights. Adam Sedlack stated the fastest growing sector in Rosemead is the kids training and programs. He stated if you are instructed correctly you will understand the difference between a professional fight and a fight that is meaningless. He stated that was a sad incident that Chair Eng brought up and that kind of stuff happens all the time all over the world. He went on to say the UFC Gym environment is much safer because the parents are bringing their children and together they are learning -the 'benefits of what the mixed- martial arts brings to you, which is integrity, self - discipline, and confidence. He explained that one of the things their instructors teach is attitude and positivity. He stated when children show the mannerism of negativity or being a bully, and then their instructors address it and educate the child instead of allowing the child to foster that emotion. He expressed that UFC Gym is helping in this area and not increasing it. Chair Eng asked Adam Sedlack in training the children in mixed - martial arts, do they include how the children are going to use these highly developed skills. Adam Sedlack replied yes and it is about self - control. He explained how his four children, with his oldest at age 16 and his youngest age 8, attend the UFC Gym in Corona and have watched the fights. They have been educated and conditioned to look at life in a way that is very respectful and professional, and defend those who cannot defend themselves. He stated he trust the parents that attend the UFC Gyms and feels they will make the best decision for their children. He summarized his presentation stating that he is proud of the City of Rosemead and explained there are a lot of experiences that he has had in Rosemead that he has not had in the other cities and he lives in one of them. He stated part of that is how they have had to put extra effort into doing business here and how they were driven to go into that direction. Even after we got here, we continued to do it. He stated he wants to see the UFC Gym in Rosemead to be successful and be consistent with the other gyms that they have in their portfolio. He requested that the Planning Commission just look at the facts and explained it is very easy to let emotion get clouded with the UFC name, which he is very proud of and the UFC Gym organization. He stated if you just look at the facts 0 for what we are asking for, you will see that it is consistent with what other people have within the city. It is not anything that would constitute negative issues within the city and would only make it better. He stated he would be happy to answer any questions that the Planning Commission might have. Chair Eng asked the Planning Commission if they had any questions for Adam Sedlack. None Chair Eng stated as a Commissioner and resident she believes that UFC Gym has been a great community member and she is glad to see the club is growing and succeeding. She stated that she recognizes that UFC Gym is a new company and it is understandable that your corporate vision and direction will evolve due to your members needs. She asked Adam Sedlack what is UFC Gym's range on their current membership fees. Adam Sedlack replied they range from thirty ($30.00) dollars per month to ninety -nine ($99.00) dollars per month based on the membership program. He stated they also have a limited membership, which has restrictions that you can only come every other day, for about twenty ($20.00) to twenty -five ($25.00) dollars a month. Chair Eng asked if the gym is 24 -hours will the existing security be sufficient or will extra security be needed. Adam Sedlack replied that extra security will be added if it is needed, r He stated that they have a great security system, and they have a great check -in module system, which allows UFC to be proactive. He stated if the Chief of Police came to UFC and requested extra security, then they would do it because safety for their members comes first. Vice -Chair Ruiz asked Adam Sedlack how many police officers are members of UFC Gym. Adam Sedlack replied it would be impossible to give a count and he does not have brake down. He stated not only are there police officers, but there are fireman, and FBI officers and that he could provide numbers if needed. Vice -Chair Ruiz replied that he would like to know the numbers. Chair Eng asked Adam Sedlack what type of clientele he hopes to get by having the gym going 24 -hours. Adam Sedlack replied there, are twothings: (1) he hopes to retain clientele and not have them cancel their memberships due to restrictions; and (2) they are in a 24 -hour world today. He explained that they know they will be in the negative from 1:00 a.m. to 4:00 a.m., but the fact that it is available to people gives them a sense of ease and makes them less likely to cancel their membership. Chair Eng asked Adam Sedlack what type of activities will be held in the octagon for children. Adam Sedlack replied UFC is re- launching their kids program and inside the octagon we have mixed Martial Arts, Brazilian Jujitsu, Thai training; and wrestling. He explained that kids want more and UFC now offers Youth Daily Ultimate Training (DUT), which is a unique type of boot - training class. He stated there are new youth classes which will be offered but he cannot release that information because there will be a press release for those later. He stated what they are ultimately doing is mimicking the adult classes and providing them for the youth. Chair Eng asked Adam Sedlack if there will be any interior improvements made for family night events. Adam Sedlack replied no. He explained that the facility is still open to do workouts and that people actually like to do cardio and while watching the UFC fights. He explained that at their Corona facility they have a bank of treadmills and typically 80% are going while watching the fights. He explained that even though the floor is open, there are not 10 a lot of people using the free weights or machine areas because they are there for the event and most people do not work out on a Saturday night. He explained that Saturday night is the least populated night for the members and this is why there will not be an influx of members. He is not sure of the numbers but thinks 95% of the people will be there for the event and 5% will be there to workout. Chair Eng stated she can attest for Saturday night. She went at 10:30 p.m. and it was dead. She asked Adam Sedlack the time of the events and how long they last. Adam Sedlack replied the events usually last all day. He explained there are four rooms with different activities going on in each room. He stated they will have Bio- Density Day, where everyone comes ":m.a takes their measurements. He stated it is like a community day for members to do a fit check. He stated it is , a revenue generator and helps with member retention. Chair Eng asked if the family events are just all day and do not run into the evening. Adam Sedlack replied that the specific variable that UFC is asking for is to show the Pay - per -view Events in gym in those evenings. He added, we currently have family events, but they do not do as well as the other facilities due to no evening events. Chair Eng commented specifically the Pay - per -view Events because they show actual UFC fights. Adam Sedlack explained the UFC fights are shown on regular cable television but we cannot tell members that it is on according to the Conditions of Approval and it is frustrating that we cannot tell our members. Chair Eng stated there is a parcel west of the UFC Gym, which is not being used, and asked if there is a parking agreement with that property owner for extra parking if needed for Pay -per -view Events. Adam Sedlack replied they do have a current month by month agreement with the property owner and she is listed on our insurance. He added it is month -by -month and can change at any time. He stated he had spoke with the property owner and explained to the Planning Commission that UFC does not need that property for their member base or their event nights. He explained'that on Tuesday nights they are crowded but on Saturday nights it is empty so he feels there will be plenty of parking available. Chair Eng asked if the Planning Commissioners had any questions. None Chair Eng opened the Public Hearing and asked Brian Lewin to the podium. Brian Lewin, resident stated that he would like to thank UFC Gym for their support throughout the City for the past two years and for hosting /sponsoring special events. As a resident he appreciates that. He stated he has reservations on some of the- requests UFC is asking for, such as the 24 -hours operation, contact sparring, and hosting televised events. He stated the sign that had been posted for the Public Hearing Notice seemed small and placed in a situation where it was difficult to see. He stated that he looked at Condition of Approval number thirty -five (35) the current version, which is on page three (3) of the staff report, then he looked at any other version he could find of Condition of Approval number thirty -five (35) as it was presented to Planning Commission and City Council and there is a definite disconnect between those. He stated the new version is a lot more permissive in terms of allowing contact sparring between patrons. He asked staff when the version on page three in the staff report was approved in public session because he could not find it. Greg Murphy, City Attorney, stated the change can be found on page six (6) of the Minutes of October 19, 2010. He 11 read the section to the audience and said this is when he believes the modification to this language had taken place. Brian Lewin asked if it had been voted on. Greg Murphy, City Attorney, replied that was prior to the approval of the Resolution with the Conditions of Approval as modified. Brian Lewin replied that he thought only Condition of Approval number thirty-four (34) had been changed. Chair Eng asked if there was a change. Brian Lewin replied yes, a significant change. It talks about uncontrolled contact and contact between patrons whereas before it was limited between strictly patron and employee trainer, He requested that the Planning Commission consider adding the definition of sparring to a Condition of Approval where sparring may be defined with a definition of what exactly is uncontrolled contact with a professionally trained instructor is, so there is a clear understanding that they are not doing fighter training. He expressed that he is glad there is a parking agreement in regards to attendance and parking overflow. He asked if there anything in place that will address limiting attendance if there is ever a time there may not be enough parking. He stated he had visited the site and noticed that in terms of circulation that the Glendon driveways have no markings defining entrances 'and exits and for safety reasons asked the Planning Commission to consider having some signs and clear markings installed. He also stated he has concerns with the double lane down the center and at night it is not very clear. It can cause some confusion and suggested some type of sign that states do not enter. He suggested a Condition of Approval be added with the following wording, "Applicant shall ensure all ingress and egress points, shall be clearly marked as such with exit, stop, signs and other signage markings as appropriate." He stated this will be something to make it clear that these areas need to be marked for safety reasons. He requested that the Planning Commission also consider two major points: (1) by granting this amendment, for sparring and hosting UFC brand of events, it may spark that two and half years from now that UFC may want to come back with more request such as hosting tournaments. He asked that the Planning Commission consider if this is the direction you would like to go or address this in advance. He stated that Rosemead basically does not allow 24 -hour operations with the exception of Carrows, 7- Eleven's, Hotels and Motels, and a few fast food places, He also asked the Planning Commission to consider if UFC is allowed to operate 24- hours there may be other businesses that abut to residential areas that may also asked to be considered to operate 24- hours. He commented that he is in support of general family events. Ron Esquivel; resident and representative of the Rosemead School District, stated that when he heard UFC Gym was coming into Rosemead he was concerned because he personally does not like the UFC fights or boxing. He stated it took him a little while before he became a member and he noticed that there is not the violence associated with the UFC gym that you think there is. He added that he had been a member of 24 -Hour Fitness in Arcadia and reported that the crime rate in Arcadia was horrendous, with his wife's car being broke into. He called a council member in Arcadia. A policeman told me that there is a break -in practically everyday in that parking lot at 24 -Hour Fitness in Arcadia. He commented, that for Rosemead not to have any crime is a testament of the UFC's security system. He expressed that it will be a convenience to the UFC members to be open 24 -hours even if UFC does not make any money. He explained his work schedule and how he does not go to the gym in the evening because of their current hours but if they were 24 -hours it would give him more flexibility. He mentioned that L.A. Fitness is allowed to be open until midnight. He named other businesses that are open 24 -hours such as Denny's, I -Hop, gas stations, and 7- Elevens, which he thinks has a higher crime rate. He commented that UFC Gym is right next to the freeway and he does not think a gym will get robbed because there is no money there. He expressed that he enjoys the gym and has not had any problems with getting on the equipment no matter what time he goes, or with parking. He stated we need to promote physical fitness in our city and the city has promoted our annual run /walk in the past, which UFC Gym has supported. He stated as far as the School District is concerned he has been approached by the management of UFC Gym to have family nights to bring parents and kids in to show them fitness at no cost to them on a Saturday. He stated UFC Gym would also like to do after school programs to educate kids on 12 how to be fit. He explained that the mixed - martial arts they have at UFC Gym is not like the UFC fights that you see on Pay - per -view and they are highly controlled. He stated there are already martial art studios within the city, and he even attended one as a kid, and when you go to these types of facilities they do not teach you to go out and fight. He explained they are teaching discipline and how to defend your -self. He explained that the school yard brawl bullying is not the same as having instruction on discipline and self- defense. He stated that he is very happy with UFC Gym's security system and was not happy with 24 -Hour Fitness lack of security. He stated there are a lot of fights in the basketball courts and as far as boxing goes, it is better to punch a bag than a person. He stated the following; (1) the 24 -hour option is great for him because he could go before or after work, (2) UFC Gym is great partners with the schools; and (3) they have helped on our Run/Walk, Red Ribbon week, and other events. He stated the schools are working on plans right now to incorporate a program so the kids can come out and experience the gym - Clarence Robello, resident of Alhambra stated his wife, himself, and his kids joined the UFC Gym two years ago. He stated he is a first degree black belt in full contact style karate and gave `a brief description of what type of training it requires. He stated his family is martial arts orientated and he has learned that it is about respect, self discipline, and self - control. He stated he feels it is important that everyone should learn some sort of self- defense in some level whether it is UFC Gym or a traditional martial arts. He explained that being of a strict Asian background with martial art orientation and his wife also having martial arts training, when they saw UFC Gym coming soon he told his wife that they would join. His wife had reservations because they have boys. He explained that their two son's ages eight (8) and five (5) have been participating in the MMA program since it started and his oldest son is a blue belt and his youngest son is a green belt. They know this is for self- defense only. He stated that as a martial arts dad, he trust staff and the professional instructors with his children and that UFC Gym is a controlled professional training facility. He stated that his kids love going to the gym and training with their instructors and they have gained discipline, self - esteem, and how they carry themselves. He stated that he and his wife are patrons of the gym and work out religiously there all the time to stay fit and they never they would be part of a gym. He stated UFC Gym and patrons are very respectful and it is a joy to go there and feels, it is very safe. He stated he works for the movie industry and sometimes gets off of work very late, so if the gym is open 24 -hours it will work out great for him. He stated in terms of sparring it'is,very controlled and this gym offers patrons pads to wear and it is much safer than how he had been trained. Ed Chen, member of the UFC Gym, stated that the gym has helped him a lot and that it has taken him some time to get over the UFC name as he is not a big fighter and has never been involved with that type of sport. He stated after joining the gym he has seen how UFC Gym is very community orientated. Speaking as a vendor to the City, he has seen UFC Gym at community events and contributing to many City events including co- sponsoring the Health Fair at the Garvey Center. He stated he has seen •UFC Gym at the "Lunar Festival ", and at the Garvey Pool "Splash Zone" grand opening handing out a lot of things for the community. He stated he saw them at the National Night Out and at all these community events they are promoting fitness, nutrition, and health to the community. He stated they also have hosted a lot of events like the 911 Memorial Run, which is becoming an annual popular event for the city. He stated he is very impressed with how community orientated they are. He feels it is a great idea to provide longer operating hours and that it will offer a lot of convenience that will benefit residents and gym members with different schedules. He added that he frequents the UFC Gym R & R Fitness and Nutrition Bar and sale tax dollars benefit the city. He stated that he admires the work that staff has done especially the staff report. He had read that staff reached out to the police department in Concord, Corona, and the other gym and had received great reviews. He stated that he is sure Chief of Police Tim Murakami, will also be saying similar things about the excellent discipline this gym has in keeping safety up to par. He feels this is an awesome gym and that the Planning Commission is diligently working out all the concerns and he is impressed with their thoroughness and detailed deliberation but he urges the Commission to look at the planning principles and staffs recommendation and vote yes to UFC Gym. Gil Zepeda, President for the El Monte Southern Range Youth Football League, stated he has two points to make. He asked Vice -Chair Ruiz how many karate schools are in the City of Rosemead. 13 Vice -Chair Ruiz replied two, a Kickboxing and a Tae Kwon Do, and asked staff if this was correct. Acting Community Development Director Ramirez replied yes that is correct. Gil Zepeda stated that he has trained in kickboxing and stated there is contact at the legs, elbows, heads, and all parts of the body. He stated that at that kickboxing school he is sure there is contact and a trainer is standing there watching the students but just like in football when a quarterback says hike there are individuals running at each other full speed with one carrying a ball and one to tackle. He stated there is no -one there to stop them, and we know there is head injuries and broken bones that can occur and it can't be stopped. He stated he knows that Rosemead has a youth football league because they have played against them. He stated there is a lot of contact in playing sports and use different sport scenarios where participants can get hurt as examples. He stated he trains at the UFC Gym and has signed up for individual personal training with a very qualified instructor, in which he was told that there will be limited contact so that he may learn and increase his ability. He explained that he was shadow boxing and mistakenly hit the person a couple of times, but there was no loss of control, there was self - discipline, and responsibility of his own apologizing. He asked what is the difference between contact sports and allowing 8 year olds to hit each other at full speed with no self control, or training inside an octagon ring with a professional instructor standing by to control the situation. He explained that you can also go on their website to see the qualifications of UFC Gym trainers and commented they are well qualified. Sergio Quintero, member of UFC Gym, stated that he has been a member since the gym opened and has followed the UFC fights. He explained he has a better understanding of what this sport is and did not have any information on where to go for training. He stated in the past he had belonged to other gyms without seeing any results, was unhappy with his memberships, and had conflicts with the staff. He explained that when the UFC Gym opened he was very ecstatic and felt that was his opportunity to learn how to get fit. He stated when he first joined the gym he weighed a substantial amount and he signed -up with a personal trainer and hat now lost weight, gain mass, loss inches, and has learned to be healthier. He stated that he has earned a lot since he has joined the gym. He added that the trainers and staff at UFC Gym ate very respectful, friendly, highly trained, and compared them to other gyms he had belonged to in the past. He stated that everything at the R & R Nutrition Bar is healthy and he would rather go there than a fast food restaurant. He explained that he has been going to the gym six (6) days a week and wishes he could stay a little longer because he gets to the gym late in the evening. He stated that he teaches what he learns to his daughter so she can also learn to defend herself in case someone bully's her. He explained that the gym teaches the same concepts as the Bully Proof Program that teaches children how to defend themselves against bullies. He stated as fae'as I sparring goes he sees it as learning self- defense rather than learning to fight. He explained that he has at least:learned to defend himself with the training he has received from the gym. He added that he is in favor of controlled, sparring and explained why, and added that it would be beneficial for anyone training in martial arts. He is in favor of the gym being open 24 -hours and the viewing of televised sports for convenience purposes. He commented that he does not see any issues regarding crime at the gym. He complimented the children's programs and he would love to see his daughter get involved. He reiterated how much he enjoys the gym, the atmosphere, and staff. Aden Kun, resident of San Gabriel, stated he is proud that his parents are current residents of Rosemead and have been for the past thirty -four (34) years. He stated he is here in support of UFC Gym and their new initiatives based on their tract record of community service and their contribution to our youth. He pointed out that the patience for a five and eight year old to be able to sit in a Planning Commission meeting for four to five hours is a testament of what type of training that UFC Gym gives to their young members. He added as a parent we have many options of where to send our children for martial arts training in the San Gabriel Valley, but he chose to enroll his five year old son at UFC Gym because of the people that teach there, the quality of instruction, the values that they embody, and the type of programs that they offer. He stated it is a suitable environment for young children. He stated that UFC Gym has fantastic coaches and the most important aspect he has found by having his kids train there is that they share common values, fundamental core values, respect, discipline, honor and courage. He stated the community involvement that UFC Gym participated in since he has joined the gym includes the 5k during the 911 Run/Walk and Ell he said his kids had participated in the toy drive during the holiday season. He stated that UFC Gym has been involved with the firefighters, people serving our community including the military in really a very short period of time. He stated that UFC Gym has really proven themselves to be a solid corporate and community citizen and he is proud to be affiliated with their team and he is proud that they have helped him with his fitness goal but most importantly he is proud and blessed that they are there to help him reinforce the core values of honor, respect, discipline, and courage not only inside the gym but outside of the gym also. Monica Salazar, resident and member of UFC Gym, stated she has been a member since the gym opened. She stated she has worked for seven years at Maryvale which is a facility where girls reside 24- hours. She has encountered various work schedules within those seven years and there were years'when she would get off work at 11:00 pm, but did not have a gym to go to. She stated it is a very stressful job and once she heard UFC Gym was opening she was happy because it is close to home and she would be able' to get back to her fitness goals. She added when she enrolled there had been plans that the gym would be open 24 -hours and since she has been a member she has been disappointed that some of the plans did not follow through not because UFC Gym has not made an effort to make them happen. She stated as a patron of the gym it has taken a lot of patience and raised questions on my behalf to why these things are not happening. She stated there have been times she has not been able to attend the gym because of her work schedule and it would have been nice if the gym was open 24- hours. She stated having a 24 -hour gym would be beneficial to a lot of members and the community. She stated in regards to safety it is a safe environment and being a woman leaving the gym at 11:00 p.m. she feels very safe. She added staff is great and sometimes when they see someone walking out alone they offer to walk them to their car. She stated staff is very diligent making sure members feel safe and comfortable at all times. She stated she feels very safe walking out of the gym, whereas she has not felt safe in other parts of Rosemead, especially where she works. She stated she would like to comment on the sparring issue and she is an ultimate member at the gym and has been training in a lot of the mix - martial arts classes thatthe gym offers and feels that being limited on what she can do has been challenging for her training. She explained that she does not. see sparring as a contact as in fighting someone but it is allowing her to train and develop her skills more efficiently to stay fit. She stated when there are limitations on her training it makes it different than working out at any other gym. She stated that sparring is an essential part of training for mixed-martial arts and for her to reach her ultimate goals in her training. Gil Zepeda, member of UFC Gym, stated there have been some questions addressed to the panel regarding safety concerns at the gym and told the Planning Commission he is a former member of the U.S. Army Special Operations Recon Team,,so he knows security measures and is very comfortable speaking about this concern. He stated the Planning Commission has been asking about security measures at the gym and if you are asking about a security guard, nine out ten times they are unarmed. He stated any individual confident enough regardless of their own safety will commit a crime if they want to. He stated that he attends the South El Monte Council meetings and they have two armed sheriff deputies in full uniform at every meeting. He pointed out to the Planning Commission that they are concerned about safety measures at the gym but he does not see any security measures here at City Hall. He explained that at anytime someone could walk in here with a gun and rob everyone. He explained that you cannot prevent every measure of safety and even though there are sheriffs and police officers on duty 24/7. There is still crime being committed that they are not aware of. He pointed out that no matter how much security you may have at any facility a crime may be committed. He then asked the Planning Commission where there security was. Adam Sedlack, representative for UFC Gym, stated he appreciates the UFC Gym member's feedback tonight, but he would like the Planning Commission to know that they are not perfect and they are going to make mistakes. He stated one thing he heard tonight that frustrates him is the question, "what if things change again and you come back and want something different ". He stated that he will always do what is best for the business and what is best for his member base. If he feels two years down the road, something that will improve their life or the business, he would absolutely want to come back in front of the Planning Commission and talk to them about that. He stated the Planning Commission would have the power to approve or deny the request but he thinks where businesses get stuck and where industry get stuck is when we become stagnant in growth and change, and that forces everyone to go two or three steps backwards. He stated that he would hope that we would consider change as something we 15 would all look forward to and it would promote business and member experience verses something we wouldn't want to look forward too. He asked the Planning Commission if there were any other questions they would like to ask him on behalf of the UFC Gym. Chair Eng asked the Planning Commissioners if there were any more questions. None Chair Eng asked if there were anymore speakers for this item None Chair Eng closed the Public Hearing and asked the Planning Commission if there were any follow -up questions for staff. Commissioner Saccaro referred to Item number thirty -three (33) of Exhibit "C and asked if it should read 24 -hours and not 5:00 a.m. to 11:00 p.m. daily. Chair Eng replied that Exhibit "C' is the prior Conditions of Approval. Acting Community Development Director Ramirez stated it is the current Conditions of Approval that is in place now. Chair Eng and Community Development Director Ramirez explained that the proposed language is on page fourteen (14) of Staff Report. Commissioner Hunter stated if the city allows other facilities to do the sparring the Planning Commission should trust UFC Gym to be in control of their facility and also they have been very good partners in our city. She stated the Planning Division will be watching them when they have their Family Events and other event nights. She added as far as the 24 -hours it might not always be beneficial to them but she understands how it could be to some of their clients. She explained that she had once owned a gym and racquetball club and understands that if in two years the UFC Gym would like to add `a new event she knows that every new event would bring new clients and new people into our City. , Chair Eng stated that she could not agree more that UFC Gym has been a great community member and corporate citizen. She commented they are a young company and they will evolve. She stated that the Planning Commission is not probably as hard core "about fitness as the audience but she would like to make sure that the Planning Commission give the community the opportunity to voice their input or concerns, especially the residents and members that live next to the gym. She stated this is a gym and in terms of the level of traffic she does not see the amount of traffic increasing dramatically during peak hours. She stated UFC Gym making these request because they see this as a convenience for their members and they are a business and would like to grow, they see a need and they are going after -,it.; She, added UFC Gym has demonstrated and worked with the City and has been very cooperative so that is something the Planning Commission needs to consider. She stated that there were two items that were brought up tonight one is the request from Adam Sedlack to change the definition of sparring and incorporate it into Condition of Approval number thirty -five (35). Greg Murphy, City Attorney, stated that in regards to Condition of Approval number thirty -five (35), if the Planning Commission wants to move for approval for tonight, you can make changes to Conditions of Approval numbers starting with fifty- three, which Assistant Planner Trinh added regarding food and drinks on Family Event nights. He also stated that adding the words to Condition of Approval number fifty (50), "and their guest' to the phrase, "Only UFC Gym members are permitted to attend the family night events" He stated in regards to Condition of Approval number fifty -one (51) it sounds like the Planning Commission would like it to state, "UFC Gym shall not host no more 16 than two (2) family events per month and to allow no more than fifteen (15) events per year. Vice -Chair Ruiz addressed Greg Murphy, City Attorney, and stated that the Planning Commission has not had a chance to oppose having two (2) family events per month yet. Greg Murphy, City Attorney, stated he was simply going to state that it seemed that most of the changes to the Conditions of Approval could be made tonight or not. He added, but with respect to defining out sparring and potentially changing out Condition of Approval number thirty -five (35), if the Planning Commission is in favor of making that change then you would have to work on that and bring a Resolution with Conditions of Approval back to the next Planning Commission meeting. He explained that will take more work between the applicant and staff. Chair Eng stated there are a number of changes to the Conditions of, Approval that need to be revised and recommended that a cleaner version be brought back to the next Planning Commission meeting. Vice -Chair Ruiz stated that he would like to point out that one (1),family event a month would be great to have and that two (2) family events per month would be too much at this time but maybe in the future there could be two. Commissioner Herrera requested that it be changed to not to exceed fifteen (15) Family Events per year. She added it would be that occasionally that they would have two (2) Family Events per month. She asked Vice -Chair Ruiz if that would be a fair compromise. Vice -Chair Ruiz replied yes and requested that it be part of the Conditions of Approval. Chair Eng asked Adam Sedlack to explain why UFC Gym would like to host two events per month. Adam Sedlack replied it is associated around the UFC Pay- per -view events which all their other clubs do and they would like to add this to their schedule. He stated they are not asking for additional parking, security, or anything else normal of their business practice and asked Vice -Chair Ruiz what his major concern is with UFC Gym hosting two events per month instead of one. Vice -Chair Ruiz replied it is not a major concern; and explained that originally UFC Gym had requested one event per month and now you are requesting to have two events per month. He stated he does not mind UFC Gym hosting the events and asked if they are going to be changing this as they go along. He commented that the bottom line is that UFC Gym is in the business of making money and he understands that they would like to improve their classes. He agrees that UFC has been a community corporate member and he appreciates that but originally you requested one event per month and now you are requesting more. He stated that Commissioner Herrera has suggested fifteen (15) events per year and he is agreeable with that suggestion. He asked Adam Sedlack if he would agree with that compromise. Commissioner Herrera,; explained that she suggested fifteen (15) events per year because that is what Adam Sedlack mentioned and thatthere would probably be fifteen (15) events per year and that would mean there would only be three months out of the year that there will be two (2) events per month. Adam Sedlack replied that he thought tonight's meeting was a forum to do these type of changes. He explained that his core issue is that there are restaurants inside the City of Rosemead that show sporting events and it is no different from UFC Gym showing them to their customers and members. He explained there is nothing fundamentally wrong with these events and he would like to know what is fundamentally wrong with these events that would concern the Planning Commission to limit the events to two per month. He stated that he would want to have anymore than that because it would take away from the member base and asked what is the issue that creates any type of safety concern that would tell the Planning Commission how to operate their business in a way that we think 17 is best for our members and for the community of Rosemead. He explained he is just trying to understand the challenge so as he may alleviate it. Chair Eng asked staff how one (1) event per month was established and was it negotiated. City Planner Bennejo replied that UFC Gym submitted a letter dated February 9 which is part of the packet today. She explained that staff had met with UFC Gym to discuss their business proposal and during that discussion they requested one event per month. Chair Eng asked staff if that was based on negotiation or was it a compromise Acting Community Development Director Ramirez explained that staff was trying to understand UFC Gym needs, so staff based it on what they thought their needs were and at that time staff thought one (1) event per month would be sufficient. Adam Sedlack explained that it was his mistake because he hadspoke in generics and was not as detailed oriented as he needed to be and explained why. Acting Community Development Director Ramirez stated based on those conversations staff assumed once a month events would be sufficient. Chair Eng stated that she understands the proprietor's needs and Vice -Chair Ruiz's concern and to resolve this issue she asked the Planning Commission if a motion should, be made to revise this Condition of Approval to not exceed two (2) events per month. Vice -Chair Ruiz asked Adam Sedlack how many UFC Pay-per-view Events expect per year. Adam Sedlack replied the way the UFC calendar is currently it would be fifteen (15) events. He explained that there could be events added throughout the year so he would not like to lock himself to just fifteen (15). He stated there is never more than two (2)` per ; month and explained that it costfifty dollars ($50.00) per event and people will not pay more than twice a month to view these UFC events. Vice -Chair. Ruiz referred to Commissioner Herrera's recommendation that it not exceed fifteen (15) events per year and recommended to the Planning Commission that this is how it should stay because UFC already knows they are going to have fifteen (15) events per year: Commissioner Herrera stated she recommended fifteen (15) events because that is based on what Adam Sedlack had said earlier but it sounds like changes may come throughout the year. Vice -Chair Ruiz stated as those changes come up next year then UFC can come back and reapply with their request for more events. Commissioner Herrera commented that if we allow UFC to have two events per month, then it may not be unreasonable to make a change that it will not exceed two (2) events per month. Vice -Chair Ruiz stated that UFC is currently only having fifteen (15) per year. Chair Eng asked Vice -Chair Ruiz if he would like to make a motion to move that it not exceed more than fifteen events per year. Vice -Chair Ruiz asked Commissioner Herrera if she agrees with that because she brought up that number. M Commissioner Herrera asked Adam Sedlack, business owner, if fifteen (15) events would be sufficient or would he need a little more leeway like eighteen (18) per year or what would he really need. Adam Sedlack replied that he ask that they do two (2) per month and he would like feedback on why there is any concern at all so he can fix this. Commissioner Herrera replied she does not have any concern at all and two (2) events per month is fine. Vice -Chair Ruiz stated there is no concern at all and it is just a matter of numbers that you have brought up. Commissioner Herrera made a motion, seconded by Commissioner Hunter to move that UFC Gym not to exceed more than two televised events per month. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None Chair Eng asked Greg Murphy, City Attorney, if Condition of Approval number fifty -one (51) be incorporated to Condition of Approval number thirty -four (34) by adding a sentence. Greg Murphy, City Attorney replied if that is that direction of the Planning Commission that change can be made. Chair Eng asked Greg Murphy, City Attorney, if Condition of Approval number fifty -three regarding outside food and beverages for family events can be incorporated into Condition of Approval number thirty -four (34) also. Greg Murphy, City Attorney, replied yes, that can be moved to Condition of Approval number thirty -four (34) also. Chair Eng stated Condition of Approval number fifty-three will not be needed. Acting Community Development Director Ramirez asked Greg Murphy, City Attorney, since that was a new Condition of Approval will there need to be a vote also. Greg Murphy, City Attorney, replied that there seems to be consensus on this issue so there will not be a need to have a vote we are just receiving direction. He stated staff will incorporate the new conditions of Conditions of Approval numbers fifty (50) regarding family night events, Condition of Approval number fifty -one (51) regarding family night events, and ' Condition of Approval number fifty -three (53) regarding food and drinks at family events, all into Condition of Approval number thirty -four (34). He asked the Planning Commission if that was correct. Chair Eng replied yes and asked Adam Sedlack if that would work for him Adam Sedlack replied yes. Chair Eng stated that Condition of Approval number fifty (50) will be revised to state, "members and their guest". She asked if the Planning Commission had any thoughts or comments on that request. 19 Commissioner Hunter asked Adam Sedlack if they charged their members fifty dollars ($50.00) to view these events. Adam Sedlack replied no, and explained that is what the cost is if a person were to view it from their home. Chair Eng asked the Planning Commission about Condition of Approval number thirty -three (33) regarding the fixed language of operating 24- hours; she would like the ability that UFC Gym is able to adjust their hours as needed and not have to come back to the Planning Commission. She asked the Planning Commission how they would feel about this change. She also asked staff if it would be required for UFC Gym to give the City notice of their change of hours. Acting Community Development Director Ramirez replied that UFC Gym would not have to give the City notice of their change of hours. Planning Commissioners replied that they are fine with the change of this fixed language. Chair Eng stated she liked Brian Lewin's suggestion of the markings for exits, stop signs, and traffic calming. She asked the Planning Commission and staff how that would be incorporated into the Conditions of Approval. Commissioner Hunter asked if that should be recommended to the Traffic Commission. Vice -Chair Ruiz stated that recommendation should be addressed to the.Traffic Commission or the City Engineer and they would go out and suggest the markings for ingress and egress. Adam Sedlack stated when UFC Gym started the opening process this was discussed and he thought they had delivered what was expected inside the Conditions of Approval regarding the parking lot. He stated safety is top priority and he would not mind a walk thru with the Chief of Police to make sure he feels comfortable. He stated there is a monument sign as you turn into the development, and explained that the entry way on the other parcel does not belong to UFC so they were not allowed to put signs there. Vice -Chair Ruiz stated he would recommend that UFC Gym contact the Public Works Director. Acting Community Development Director Ramirez stated that UFC Gym can meet with the Public Works Director and do a walk thin without having to go through the Traffic Commission. Vice -Chair Ruiz stated that this is not a safety issue for Law Enforcement it is an Engineering /Traffic issue regarding egress and ingress. Acting Community Development Director Ramirez stated that staff will put Adam Sedlack in direct contact with the Public Works Director. Chair Eng asked Adam 'Sedlack,ifthere are any additional directions for staff before approving the changes that have been made in the Conditions of Approvals. Adam Sedlack replied that there is one issue in the Condition of Approval as it talked about leaving the language of limited control contact in regards to sparring. Greg Murphy, City Attorney, replied that is Condition of Approval number thirty -five (35) and stated that Adam Sedlack will need to discuss this with staff on the right way to phrase this as it has been discussed tonight. He stated that we are waiting on final direction from the Planning Commission to make sure they agree. Adam Sedlack stated that he travels all over the place and asked if it would be possible if the wording could processed via e- mailed to him so he would not have to come back to the Planning Commission. FZ Chair Eng and staff explained to Adam Sedlack that it would give staff the direction to work with the City Attorney to draft that Condition of Approval and then the amended Condition of Approval would come back to the next Planning Commission meeting to be voted on along with the Resolution. Adam Sedlack asked the Planning Commission if the sparring item would be the only item brought back. Acting Community Development Director Ramirez replied no, everything would come back to vote on. Vice -Chair Ruiz explained to Adam Sedlack that sparring will be allowed and what needs to be done is to draft the correct verbiage for the records. Acting Community Development Director Ramirez asked Adam Sedlack if it was his wish to bring this back to the next Planning Commission meeting. Adam Sedlack replied no he would rather get this all resolved tonight if possible. Vice -Chair Ruiz explained that he and the Planning Commission understand what sparring is and we would just like to get the language right on paper. Chair Eng addressed Greg Murphy, City Attorney, and stated 'that ` staff will revise the Conditions of Approval discussed tonight and we will Continue this item to the next Planning Commission meeting. Acting Community Development Director Ramirez stated that is not what Adam Sedlack requested, he would like to proceed as it is. Commissioner Herrera stated that this would not be Continued. Adam Sedlack stated that he would like to get this resolved tonight and hopefully the City Attorney can look at the language and make sure the way we understand sparring to be is represented inside the document. Chair Eng asked Greg Murphy, City Attorney, how the revised Condition of Approval would read. Greg Murphy, City Attorney, stated the, last sentence in Condition of Approval number thirty -five can be deleted and a sentence defining sparring can be added. The Planning Commission and staff discussed how Condition of Approval number thirty-five (35) should be revised and confirmed with Adam Sedlack. that he would like to have that last sentence deleted. Vice -Chair Ruiz recommended that the last sentence be deleted and explained why it should not be there. He made a motion to remove this last sentence. Vice- Chair Ruiz made a'motion, seconded by Commissioner Herrera to delete the last sentence in Condition of Approval number thirty -five (35). Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 21 Chair Eng stated Condition of Approval number thirty -four (34) will need to be voted on with new incorporated changes regarding family events. Greg Murphy, City Attorney, stated that he believes there has been a consensus direction on that Condition of Approval but if the Planning Commission feels that they would like to take a roll call vote they may. Vice -Chair Ruiz stated that for the record he would like to have a vote so there may not be any questions in the future. Chair Eng asked the Planning Commission for a motion. Vice- Chair Ruiz made a motion, seconded by Commissioner Herrera to incorporate Conditions of Approval numbers fifty (50), fifty -one (51), and the additional fifty -three (53) regarding',family events into Condition of Approval number thirty -four (34). Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None Chair Eng stated Condition of Approval number thirty - three (33) was also modified and asked Greg Murphy to read the revised Condition. Greg Murphy, City Attorney, read revised Condition of Approval numberthirty -three (33), 'The hours of operation shall be posted in the front window or door. Hours of operation shall be up to 24 -hours per day or such lesser operating hours as the applicant desires." Chair Eng asked for a motion.. Commissioner Herrera made a motion, seconded by Commissioner Hunter to revise Condition of Approval number thirty - three to read, "The hours of operation shall be posted in the front window or door. Hours of operation shall be up to 24 -hours per day or such lesser operating hours as the applicant desires." Vote resulted in: Yes:. Eng, Herrera, Hunter, Saccaro, Ruiz No: None, Abstain: None Absent: None` Chair Eng asked Greg Murphy, City Attorney, if the Resolution needs to moved and voted on. Greg Murphy, City Attorney, stated the motion would be to ADOPT PC Resolution 12 -03 as modified by the Planning Commission with the Conditions of Approval modified by the Planning Commission. Commissioner Herrera made a motion, seconded by Vice -Chair Ruiz, to APPROVE Modification 11.06 and ADOPT Resolution No. 12.03 with findings, subject to fifty -two (52) conditions. 22 Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None Chair Eng thanked the applicant and everyone for attending the meeting and asked for a ten minute recess before going to the next item. B. CONDITIONAL USE PERMIT 11.10 - Hari Alipuria has submitted a Conditional Use Permit application requesting to convert an existing 7,547 square foot restaurant into a mediation temple, located at 8752 Valley Boulevard, in the C -31) (Medium Commercial with a Design; Overlay) zone. PC RESOLUTION 12 -04 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -10 FOR CONVERSION OF AN EXISTING 7,547 SQUARE FOOT RESTAURANT INTO A MEDITATION TEMPLE, LOCATED AT 8752 %VALLEY BOULEVARD IN THE' C-31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and finding contained in the staff report, it is recommended that the Planning Commission APPROVE Conditional Use Permit 11.10 and ADOPT Resolution No. 12-04 with findings, and subject to thirty -seven (37) conditions. Chair Eng called the Planning Commission back to order. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commission had any questions for staff. Commissioner Hunter stated that she had visited the site and noticed the ingress was very narrow and asked staff how do patrons know to enter the facility from Muscatel Avenue. Assistant Planner Trinh replied one of the Conditions of Approval is recommending that the applicant rehabilitate the parking lot area with circulation patterns referenced in the parking lot and in the driveways. Commissioner Hunter stated as of now it is very confusing with the cars coming in and out. City Planner Bermejo stated that all ingress is taken on Valley Boulevard and egress is thru the back easement towards Muscatel Avenue. She stated there is a Condition of Approval requesting that arrows, markings, and a sign be posted at the entrance. Chair Eng asked staff if the applicant is the same property owner. Assistant Planner Trinh replied yes. Chair Eng read on page three (3) of the staff report in regards to the kitchen, 'The temple members will utilize the kitchen to cook food that will be used in prayer on Sundays. The applicant has indicated that the kitchen will not be used to cook meals for banquet purposes." She then asked staff if this was part of the Condition of Approvals. 23 Assistant Planner Trinh replied that staff did not add a Condition of Approval but if the Planning Commission requests to have one added it can be. Chair Eng asked staff if the hours of operation are from 9:00 a.m. to 9:00 p.m. are there services, and what time will they be offered. Assistant Planner Trinh replied that question can be deferred to the applicant. She added according to the applicant service will only be held on Sunday's between 4:00 p.m. and 9:00 p.m. Chair Eng asked staff if that is the only time services will be held Assistant Planner Trinh replied we can ask the applicant that question. Chair Eng opened the Public Hearing and asked the applicant to the podium.' Chris Klingerman, attorney for Had Alipuria, stated that Had Alipuria has members of his intended temple and other religious quarters are present as supporters this evening. He'stated he would like to compliment the staff that has worked very closely with Had Alipuria and stated the staff report is quite complete for the intended use. He reported that Hari Alipura has owned this piece of property for more _ than twenty (20) years and rented for restaurant purposes. He explained that Had Alipuria would like to move away from the commercial use of the property and his dream is to convert the property to a temple. He explained that the nature of the temple is primarily for meditation and with conjunction prayer readings, religious discussions, and etc. He explained that the temple will be open from 9:00 a.m. to 9:00 p.m. but the use is intermittent from time'to time and their main service is always on Sunday evening. He stated the congregation is very small, it is not intended to become large, and it will remain at fifty (50) members or less. He explained that the service will also use yoga as part of its religious experience, hence the meditation aspect. He stated the nature of the use meditation is quietand there will not be a lot of noise impacting the surrounding areas. He stated parking and traffic will have a minimal impact with the ingress on Valley Boulevard and the egress out a different direction. He stated Had Alipuria would like to make a statement and add a few comments. Hari Alipuria thanked the Planning Commission and stated he has been a resident of Rosemead for the last fifty (50) years. He stated this is his prized property and gave a brief history of his past properties he had built and owned. He stated he had looked into other cities to build his`temple and Rosemead is the place he would like to build it. He stated this;is where he began his business and he would like to leave something here in Rosemead. He stated that he appreciates the Planning,Commission's consideration, hopes they give their approval, and thanked them. Chris Klingerman, attorney, stated that they are available for any questions. Chair Eng asked Had Alipuria if he currently has a congregation. Had Alipuria Chair Eng asked if there is a time frame for meditation services or do members just come in and out. Hari Alipuria replied the temple will be open from 9:00 a.m. to 9:00 p.m. and anyone can walk into the temple to meditate, visit the gift shop, or do anything they would like to do. Chris Klingerman, attorney, explained that it is not a service in the traditional sense and people will quite often just come in, meditate, or pray individually. Chair Eng asked if they will be doing that in the meditation room. 24 Chris Klingerman, attorney, replied it will be very limited and the occupancy limit maximum he believes is fifty -two (52). He explained that the occupancy will be substantially less than that and it will always be less than that at the Sunday service. Chair Eng asked if there will be a service or a period where people will just come and leave. Chris Klingerman, attorney, replied no there is a service where it will be occurring approximately from 4:00 p.m. to 9:00 p.m. on Sunday's but that will be the only limited time for religious service. The other time it will be open for meditation, prayer, and yoga. Chair Eng stated according to the site plan they are planning to keep the full kitchen that is 1,100 square feet and commented that it is a lot of space. Chris Klingerman, attorney, replied yes that is true, but it is Had Alipuria's building and it previously was used as a restaurant. He explained that the kitchen space will not be used for any other purpose. He stated that they will have a kitchen facility, just as any other religious building might have, for rt) the congregation to use for snacks or anything they may need. He stated it will not be used for banquet or any other use such as commercial restaurant purposes. Chair Eng asked if they will be preparing food. Chris Klingerman, attomey, replied in a very limited scale. Hari Alipuria replied food will not be sold and it is prepared specifically for temple members. Chair Eng stated that when she thinks of a place of worship it would mean a large congregation and she expressed concern that a small area is designated for worshipping,, Chris Klingerman, attorney,'stated there will not be a lot of members that are going to participate in this religious endeavor. Hari Alipuria stated that he had told staff that his priest and he will be at the temple. Commissioner Hunter asked if the kitchen will require a letter rating status, (A, B, or C). Vice -Chair Ruiz and the Planning Commission explained that when it is a restaurant it needs to be rated, but this kitchen is ,part of a temple and food will not be sold. He added that it does not need to be rated although it is equipped with commercial equipment. Acting Community Development Director Ramirez stated that the commercial equipment is going to be removed. Vice -Chair Ruiz stated that it will not require a health department inspection if the commercial equipment is removed. Commissioner Herrera stated that it sounds like there will be a maximum of fifty -two people that will be there every Sunday evening from 4:00 p.m. to 9:00 p.m. and asked if they plan to exceed that number and if there is expected potential growth. Chris Klingerman, attorney, replied they are starting out very small and they are anticipating growth but not anything that will exceed the maximum occupancy load and if that would occur then they would have to use another facility. Acting Community Development Director Ramirez stated that it is written in Condition of Approval number thirty-four (34) that they cannot exceed an occupancy load of fifty -two (52) people at any time. 25 Chair Eng asked what the existing congregation number is. Chris Klingerman replied there is not an existing congregation number; it is Hari Alipuria, his priest, and a few members that they anticipate. Commissioner Hunter asked what the signage outside of the building would say. Hari Alipuria replied his temple will be called, "Gita Meditation Temple." Chair Eng asked if the temple is a Budhist temple. Had Alipuria replied no, it is Hindu. Chair Eng asked if the gift shop will be fully stocked. Hari Alipuria replied that it will be stocked with a few Gita books and items relating to the temple Chair Eng asked the next speaker to the podium. Stephen Chan stated he is a Commercial Real Estate broker and is here representing James Lin who is the property owner of Barr Lumber located at the corner of Valley Boulevard and Walnut Grove. He stated he is also speaking as a property manager for the properties of 8772 and 8780 Valley Boulevard.. He added this location is next to City Hall and is currently undergoing renovations. He gave a brief description of the renovations. He stated this property is immediately to the East of the subject property. He thanked staff for the detailed staff report and that he admires the applicant for his request to achieve his lifelong dream of operating a temple. 'He stated he is concerned with the square footage and floor plan allotted for worship, gift shop, the kitchen, and the offices on the second floor and the type of barriers that will be'.-used between the uses. He is concerned with parking issues regarding the reciprocal easement on the backside of the property onto Muscatel Avenue and is worried there may not be enough parking spaces. He stated he is concerned with the occupancy load number because there are already fifty (50) members and would like to know if the -cook and staff are included in the occupancy load numbers. He is also concerned with parking if the congregation grows. He stated Valley Boulevard is business essential for all business owners and he would like to see the property be used in the best way possible. Raymond Yang, owner of the properties 8,772 and 8780 Valley Boulevard stated their property is located east of the proposed meditation temple and we share the same easement in the rear. He explained his property has ingress and egress facing Valley Boulevard and the temple only has ingress and uses the back easement, which there is a reciprocal agreement for egress and ingress. He explained this easement is going to be his point today and how it will affect his business and his tenants. He stated they have an office building and a restaurant and explained that parking is currently hectic, especially with the remodeling of the Rosemead library. He explained that the signs do not really help and they can't have cars towed away every single time. He stated as owners he would like to ask the Planning Commission to consider not approving the meditation temple due to the amount of people that will be going in and out of the temple, along with the parking concerns. He explained that for a restaurant, Sunday's from 4:00 p.m. to 9:00 p.m. is their busiest timeframe. He stated parking spaces will be limited and traffic on Valley Boulevard is very congested and adding to the traffic because of the meditation temple is something to consider. He stated they have just recently spent about five hundred thousand ($500,000.00) dollars on remodeling hoping to bring in national tenants and more long term businesses. He explained that they are worried that adding to the traffic because of the meditation temple may cause them to lose current tenants or deter new tenants from coming in. He requested the Planning Commission to please consider his concerns and thanked them. 26 Peter Ta stated he is the property manager of 8801 to 8845 Valley Boulevard, also known as the Valley Gateway. He stated he is a Real Estate broker, a property manager, and also a representative of the property owners. He stated they are concerned with parking during peak hours and explained they have the closest and largest parking lot to the temple. He is worried about having to have cars towed away. He explained that he already has a problem with the adult school nearby and they are already towing away about 10 to 18 cars a month. He stated he is concerned that if the meditation temple grows there will be more cars that need to be towed and expressed that will not be good for him, the tenants, the city, and not good for the applicant. He stated it will make an impact on the parking issue. He stated economy wise it will affect Valley Boulevard negatively because it does not follow the business synergy which is known as retail /office use. He stated San Gabriel protects Valley Boulevard because they consider it their golden mile. He expressed concern that the meditation temple may deter developers and would like to recommend that the Planning Commission do an EIR, further parking studies,por encourage the applicant to do a land swap. He stated he admires the applicant's intentions for wanting to fulfill his lifelong dream but he does not approve of it being on Valley Boulevard. Chair Eng called Land L. Hsu to the podium. Land L. Hsu was not present. Chair Eng called Robert Leung to the podium. Robert Leung stated he is the property owner of 8632 Valley Boulevard. He expressed his concerns regarding a wall or partition separating the 359 square foot meditation area to keep the occupancy load to 52 people, lack of parking spaces, and recommended this application not be approved. He thanked the Planning Commission. Fanny Leung stated she would like to address how a meditation temple would impact Valley Boulevard. She stated that she asked her two friends (one that is considering opening a deli store and the other friend wanting to open a dental office in Rosemead) if they would consider opening their business next to a meditation temple. She stated they both replied no and explained why. She stated that there is nothing against the temple but for some reason business owners do not want their businesses next to a temple and it has a negative impact. She stated two years ago she was at City Hall and, there was discussion on Valley. Boulevard being the "Downtown Rosemead" and they called it the Golden Mile. - She stated -she was excited but she, as a business owner, feels having a temple on Valley Boulevard would be a drawback for the Golden Mile. She stated she respects Hari Alipuria for wanting to follow his lifelong dream but she feels it would be a negative impact for the environment. Chris Klingernan, attorney, stated that this evening we have received comments that is pure speculation. He believes everyone here has studied the United Stated Constitution and some of the speakers here tonight have missed the class on Freedom of Religion. He stated that there has been some indication that Hari Alipuria is not making a very good economic decision and he could rent the property for much more than he would ever generate in income by use of a temple. He added that this is not an economic endeavor. He has a very small church, a very small congregation, and. he is, not doing it for the money. He stated if Hari Alipuria was doing it for the money he would leave the restaurant, in place, as it is generating a significant amount of money from the rent per month. He stated secondarily everyone is arguing over parking, which he is surprising because itwould seem thatthey would come before the Planning Commission and say "thank you very much" for the very limited use. He stated that a meditation temple use would be so much less in parking than the existing use of a banquet and restaurant use. He explained it would seem inconceivable to him that the parking would be a problem with a Gita Meditation Temple that has an existing congregation hopefully to be less than 10 and it will never be what the limitations are. He stated that is why you have conditions on your approvals and that is why we will meet your conditions. He asked do you think people will want to come to your community, to worship, will want to violate your laws. He stated it is holy inconsistent with the nature of their religion, the nature of what they want to do, and the purpose of being good and fine people in the community. He added it is holy inconsistent to think they are going to park in other people's parking spaces and he hopes they understand this is not a parking problem. He explained that people who object to the parking are 27 people who would object to anything that is new. He stated he thinks the Planning Commission should look at what the nature of this use is and it is a good religious use and religious uses in the community bring goodness and fulfills spiritual needs for members of the community. He stated it is a nice thing, not a parking issue, not an economic issue. He believes there are some members of the religious community that would like to address the Planning Commission. He thanked the Planning Commission and asked them if they had any questions for him at this time. Chair Eng replied no, not at this time. Swami Addshananda stated the Hindu community is very small, the congregation is very small, and he does not feel there will be a parking problem. He requested that the Planning Commission approve the temple and thanked them for listening. Chair Eng asked if there was anyone else wishing to speak. None Chair Eng asked Had Alipuria if staff will be working at the temple when it opens. Hari Alipuria replied there will be someone there attending the gift shop. Chair Eng asked if there will be any other staff. Hari Alipuria replied no. Chair Eng asked if there will be anyone working in the kitchen. Had Alipuria replied no not regularly but on Sunday someone may come to cook. Chair Eng asked for the Sunday service how'many staff members do you have. Hari Alipuria replied there will not really be staff members, but there will be someone attending the gift shop and there will be a priest, no regular employees. Vice -Chair Ruiz stated so there will be a total of two. Chair Eng asked if there will be a staff member in the kitchen to prepare food as a regular staff member or is this person only there at certain times. ;. Chris Klingerman, attorney, replied that anyone aiding in the food preparation would only be doing so for the Sunday service and it would be very,minimal, limited to what you would normally see when there is some refreshment after a service or traditional congregation meeting. Chair Eng asked so there will be no food preparation other than Sunday service. Chris Klingerman suggested that Had Alipuria explain, but he replied that no, it will be open for meditation prayer and certain individuals that are there to meditate might have conversations about their religious beliefs etc., but no, the kitchen will not be normally open. He stated if someone were present and asked to use the kitchen they would probably be able to do so but there is no food preparation on- going, and no staff member there during normal hours that the meditation temple is open. ...; Chair Eng confirmed that there will be one staff member in the gift shop. Chris Klingerman, attorney, replied that he was speaking about food service, but the applicant has stated during the hours of the temple being open there will be one staff employee in the gift shop. Chair Eng asked for the Sunday service when food is prepared how many staff members normally will be there for the food preparation. Chris Klingerman, attorney, replied probably none. It will probably be Hari Alipuria and other members of the congregation that will do it themselves. He stated Mr. Alipuria has owned this building and it is much bigger than what is needed for this meditation temple but it is his building. He explained that Had Alipuria loves this building, wants to use it for his meditation area, there is a very limited congregation, the use is "very limited, and there will be a great deal of space that will not be used. He stated again that this is not an economic endeavor and he does not have to use the rest of the space as he does not have to earn the income. Hari Alipuria stated he is very much blessed and he has plenty leftover even if he gives this building away Chair Eng asked if there were any more questions. None Chair Eng closed the Public Hearing and asked if the Planning Commission had any questions or comments Vice -Chair Ruiz stated tonight everyone is concerned and opposing this item brought to the Planning Commission because of the parking issue. He explained that currently there is a restaurant there and there is not a parking issue for that use. He stated the applicant has every right to do what he wants to do with his property and if the Planning Commission denies this, then we are violating constitutional rights and it may be a potential lawsuit. He stated that he recommends we approve this item as recommended by staff. He stated he would like to make a motion to approve this item. 4 Commissioner Herrera stated she would like to second that motion Chair Eng stated before the Planning; Commission moves for approval she would like to ask staff for clarification of a couple of items. She asked staff if there are restrictions on zoning uses for Valley Boulevard. Assistant Planner Trinh replied no and explained that according to the Conditional Use Permit section of the Zoning Code it clearly specifies that churches or other places used for worship can be permitted in any zone. Chair Eng asked staff if we have other religious facilities on Valley Boulevard. Assistant Planner Trinh replied yes. Vice -Chair Ruiz stated there is one on Valley Boulevard right in front of the Masonic Lodge and the surrounding businesses do extremely well. Vice -Chair Ruiz made a motion, seconded by Commissioner Herrera, that the Planning Commission APPROVE Conditional Use Permit 11 -10 and ADOPT Resolution No. 12 -04 with findings, and subject to thirty -seven (37) conditions. 29 Vote resulted in: Yes: Eng, Herrera, Saccaro, Ruiz No: Hunter Abstain: None Absent: None Greg Murphy, City Attorney, stated there is a 10 -day appeal period and after 10 -days the applicant may start to work with staff on getting building permits. 5. MATTERS FROM THE CHAIR & COMMISSIONERS Vice -Chair Ruiz asked staff what is the status of the wall on the property next to Fresh & Easy Acting Community Development Director replied that is an item that will be coming back to the Planning Commission at their next meeting and will be discussed then. Vice -Chair Ruiz stated that he had gone by and noticed it had .not been worked on yet, and commented on how the lighting is illuminated. Commissioner Hunter stated that the Bahooka Restaurant on Rosemead Boulevard is in need of improvement on the outside of that building and asked staff if there is anything that can be done. Assistant Planner Trinh asked if she is referencing to signage or what exactly it is that needs to be improved. Commissioner Hunter replied the building itself. City Planner Bermejo stated that staff can request that Code Enforcement go and check the property to see what can be done. Acting Community Development Director.Ramirez stated that it will definitely get sent to Code Enforcement and they will work with them if there is something that needs to be done. Commissioner Hunter asked if there was anything to report on the Baby Toytown signage. Acting Community Development Director Ramirez replied that request has been submitted to Code Enforcement and they are looking into which business that sign actually belongs too. 6. MATTERS FROM STAFF None 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, March 19, 2012 at 7:00 p.m. ATTEST: Rachel Lockwood Commission Secretary Nancy Eng Chair kul