Loading...
PC - 2012-03 - Approving Modification 11-06 for Conditions of Approval of Planned Development review 09-01 at 8920 Glendon WayPC RESOLUTION 12 -03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11 -06 FOR THE MODIFICATION OF THE CONDITIONS OF APPROVAL OF PLANNED DEVELOPMENT REVIEW (PDR) 09 -01 TO ALLOW UFC GYM TO OPERATE 24- HOURS, HOST FAMILY EVENT NIGHTS, AND ALLOW SPARRING AS A FORM OF TRAINING IN THE GYM. THE SUBJECT SITE IS LOCATED AT 8920 GLENDON WAY, IN THE PD (PLANNED DEVELOPMENT) ZONE (APN: 5390 - 018 -036). WHEREAS, on December 19, 2011, UFC Gym submitted a modification application to modify the Conditions of Approval of Planned Development Review 09 -01 to allow UFC Gym to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym, located at 8920 Glendon Way; and WHEREAS, 8920 Glendon Way is located in the PD (Planned Development) Zone; and WHEREAS, Chapter 17.76 of the Rosemead Municipal Code specifies the criteria by which the aforementioned permit may be granted; and WHEREAS, on February 23, 2012, fourteen (14) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in six (6) public locations and on -site, specifying the availability of the application, plus the date, time and location of the public hearing for Modification 11 -06; and WHEREAS, on March 5, 2012, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Modification 11 -06; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1 . The Planning Commission HEREBY DETERMINES that Modification 11 -06 is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) and local environmental guidelines, where projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. Accordingly, Planned Modification 11 -06 is classified as a Class 1 Categorical Exemption pursuant to Section 15301 of CEQA. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Modification 11 -06 according to the Criteria of Chapter 17.76 of the Rosemead Municipal Code as follows: A. That the proceedings to alter the development plan for this Planned Development zoned property is justified in that it is in the public's necessity, convenience and general welfare and is good zoning practices for such action; FINDING: UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym will not alter the development plan for the Planned Development and is in the public's necessity, convenience, and general welfare, and is good zoning practice. The 24 -hour request will serve members within the surrounding neighborhoods with both traditional and nontraditional schedules, allowing access to the fitness gym to be convenient for their individual needs. Staff's inspection determined that the gym's existing parking lot lighting and extensive security plan, which was approved by the Chief of Police, would be adequate for the proposed 24 -hour operation. Staff has contacted the Police Departments in Concord, Torrance, and Corona regarding UFC Gym's family event nights and all three Police Departments have indicated that they have not had any problems with UFC Gym, and that their business has cooperated wonderfully in their cities. Conditions of approval have been added to ensure that the hosting of family event nights will not create any negative impacts. These conditions include permitting only UFC Gym members to attend the family event nights and permitting UFC Gym to host one family event night per month. Lastly, the use of sparring as part of UFC Gym's instructional training is intended not to inflict pain or injury. Sparring is used as a form of consensual training, only performed under the supervision of a professionally trained instructor, and to prevent such activity from becoming a combative. B. The Planning Commission may approve or conditionally approve minor modifications or development in the Planned Development zone if compliant with the General Plan and compatible with existing and future developments in surrounding areas. FINDING: The site is designated in the General Plan for Commercial and on the Zoning Map it is designated for PD (Planned Development). Modification 11 -06 will be consistent with Policy 2.3 of the General Plan, as it encourages continued development of self- sustaining commercial uses at strategic intersections. UFC Gym's proposal to operate 24- hours, host family event nights, and allow sparring as a form of training in the gym may have potential benefits to the business and the community. Furthermore, conditions have been added to ensure that the expansion of use will be compatible with existing and future development. Lastly, the proposed use is in conformity with the General Plan, in that P -D (Planned Development) zoning is a corresponding zone district with the Commercial land use category. SECTION 3 . The Planning Commission HEREBY APPROVES Planned Development Review 09 -01, to convert an existing 39,703 square foot commercial building into a fitness center, located at 8920 Glendon Way, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4 . This resolution is the result of an action taken by the Planning Commission on March 5, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE SECTION 5 . The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 5th day of March, 2012. Na y E hair CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 5 day of March, 2012, by the following vote: YES: ENG, HERRERA, HUNTER, RUIZ AND SACCARO NO: NONE ABSTAIN: NONE ABSENT: NONE ) c r c Michelle Ramirez, Se r tary TO FOR�/l Gregory M. Mq(phy, Planning Corydnission Attorney Burke, Williams & Sorensen, LL EXHIBIT "B" MODIFICATION 11 -06 (APN: 5390 - 018 -036) CONDITIONS OF APPROVAL March 5, 2012 1. The following conditions of approval must be complied with to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 2. Conditions of approval listed on Exhibit "B" shall be copied directly onto final development plans submitted to the Planning and Building Division for review. 3. Planned Development Review 09 -01 is approved to convert an existing 39,703 square foot commercial building into a fitness center, to be developed in accordance with the architectural plans marked Exhibit "C ", dated September 28, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 4. Approval of Planned Development Review 09 -01 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 5. Planned Development Review 09 -01 is approved for a period of six (6) months. The applicant shall commence the proposed use or request an extension within 30- calendar days prior to expiration. The six (6) months initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If the Planned Development Review has been unused, abandoned or discontinued for a period of six (6) months it shall become null and void (Modified by the Planning Commission on October 19, 2009). 6. Planned Development Review 09 -01 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the City, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Planned Development Review 09 -01. 7. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 8. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the approved plans. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Building permits will not be issued in connection with any project until such time as all plan check fees, and all other applicable fees are paid in full. 11. Prior to the issuance of building permits, all school fees shall be paid. The applicant shall provide the City with written verification of compliance from the School District. 12.City staff shall have access to the subject property at any time during construction to monitor progress and after construction to monitor compliance. 13.Occupancy will not be granted until all improvements required by this approval have been approved, completed and inspected by the appropriate department(s). 14.The hours of construction shall be limited from 7 a.m. to 8 p.m. Monday to Saturday. No construction shall take place on Sundays or on any legal holidays without prior City approval. 15.Applicant shall obtain a public works permit for all work in or adjacent to the public right -of -way. 16.The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of '% inches, contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Division. 17.Gym patrons and employees shall be prohibited from parking in the parking area on the adjacent Parcel A (APN: 5390 - 018 -037). Unless such permission is granted by the owners of Parcel A (APN: 5390 - 018 -037), the gym management shall advise its patrons and employees not to park within Parcel A (APN: 5390- 018 -037) at any time. The gym shall post a written notice in the gym reception area and parking lot informing customers of this condition. 18.The parking area within Parcel B, as indicated on the site plan in Exhibit "C," shall be re- striped. 19.The parking area within Parcel B, as indicated on the site plan in Exhibit "C ", including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner. 20.The parking space markers shall be re- painted periodically to City standards to the satisfaction of the Planning Division, including double striping, wheel stops and handicapped parking /markings. 21.At least two percent of the required parking shall be designated for handicap space pursuant to California Vehicle Code Section 22511.8. A letter by the property owner shall be given to the City for authorizing enforcement. 22.The developer shall comply with the City's storm water ordinance and Los Angeles County's SUSMP requirements with respect to planning and development of the site. 23.The site shall be maintained in a graffiti -free state. Any new graffiti shall be removed within twenty-four (24) hours. A 24 -hour, Graffiti Hotline can be called at (626) 569 -2345 for assistance. 24.The onsite public hearing notice posting shall be removed within 30 days from the end of the 10 -day appeal period of Planned Development Review 09 -01. 25. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. All trash containers shall be stored in the appropriate trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be regularly cleaned, inspected, and maintained in a clean, safe, and sanitary condition. The trash enclosure doors shall be closed at all times. 26.The applicant shall keep the electrical and mechanical equipment and /or emergency exits free of any debris, storage, furniture, etc., and maintain a minimum clearance of five (5) feet. 27.All roof top appurtenances and equipment shall adequately be screened from view to the satisfaction of the Planning Division. There shall be no mechanical equipment located on the sides of the building. Such equipment shall not exceed the height of the parapet wall. All ground level mechanical /utility equipment (including meters, back flow preservation devices, fire valves, A/C condensers, furnaces, utility cabinets and other equipment) shall be located away from public view or adequately screened by landscaping or screening walls so as not to be seen from the public right of way or other public space within the development. The Planning Division shall approve said screening prior to installation. 28.A landscape plan shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. All existing landscape planters onsite and in the public right -of -way, adjacent to the lot, shall be renovated with new drought tolerant landscape materials. 29.The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as shown on the aforementioned plans, as well as the periodic pruning of dead limbs and branches as necessary. A new automatic irrigation system, with moisture sensors, will also be required in any planter that is not being adequately maintained by the existing system. 30. All open area not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 31.The existing trash enclosure located along the west property line shall be fully enclosed with a solid cover and have opaque steel self - closing and self - latching doors. 32.Adequate lighting shall be provided in the vehicle parking area. A lighting plan shall be reviewed and approved by the Planning Division prior to the issuance of building permits. 33.The hours of operation shall be posted in the front window or door. Hours of operation shall be up to 24 -hours per day, or such lesser operation hours as the applicant desires (Modified by the Planning Commission on March 5, 2012). 34.Applicant shall not publicize, hold, host, authorize, or allow to be held or hosted on the subject property any live, onsite mixed martial arts events or demonstrations that include as any part of the event two (2) or more individuals engaging in physical competition or contest between or among them in which the individuals strike each other in any way. This condition of approval does not prohibit the gym from hosting televised events as part of their family event night. Only UFC Gym members and their guests are permitted to attend the family event nights. The areas designated for the family event night shall be consistent with the event layout, attached as Exhibit "E." UFC Gym shall host no more than two (2) family event nights per month within the gym facility and all such events shall end no later than 10:00 p.m. No outside food or beverages shall be brought into the gym by gym members and their guests for any family event night (Modified by the Planning Commission on March 5, 2012). 35. In connection with the mixed martial arts training and other training provided on the subject property, applicant shall not allow any individuals to engage in direct uncontrolled contact or real physical combat in which the individuals directly strike each other. Limited controlled contact, such as sparring between not more than two (2) patrons is permitted for instructional use, but controlled contact shall require a professionally trained instructor to be in the training area with the patrons and at no time shall patrons engage in unsupervised and /or uncontrolled contact (Modified by the Planning Commission on March 5, 2012). 36. No exterior vending machines shall be permitted. 37.A security plan shall be submitted to the City of Rosemead Chief of Police for review and approval, prior to the issuance of building permits. The security plan shall include a surveillance camera system, the presence of a security guard during night time hours of operation, a parking lot lighting plan, and picture ID Membership control system. If warranted on the basis of the City of Rosemead Public Safety or Los Angeles County Sheriff's Department incident reports, the City shall have the right to require additional security measures. 38.A final sign plan shall be submitted to the Planning Division for review and approval, prior to Planning Final Inspection. The exterior building wall signs shall consist of internally illuminated channel letters and logos with bronze returns and trim caps. The background on the double -sided pylon signs shall be opaque, so that only the letters illuminate during night -time illumination. The pylon signs shall be re- painted. All signage proposed shall comply with RMC Section 17.76.120. 39.The applicant shall obtain a Certificate of Occupancy Permit and any applicable City of Rosemead Business License prior to beginning business operations. 40.Additional services, which include chiropractic services, tanning, therapeutic massage, sports, rehabilitation therapy, babysitting, etc. shall not be allowed, unless and until the applicant receives approval of a Planned Development Review from the Planning Commission for such services and all applicable permits are obtained (Modified by the Planning Commission on October 19, 2009). 41. The applicant shall remove the existing loading dock which extends beyond the property line to the satisfaction of the Rosemead Building Official and Rosemead City Engineer, prior to Planning Final Inspection. 42. All openings along the west property line shall be closed to the satisfaction of the Rosemead Building Official, prior to Planning Final Inspection. 43.All bent or broken bollards or wheel stops in the parking lot area shall be removed and replaced. 44. All dilapidated block walls surrounding the property shall be replaced. 45.All portions of the building affected by graffiti shall be re- painted to match the base color of the building. 46. All light fixtures shall be re- painted. 47. All "Levitz Furniture" signs in the parking lot area shall be removed. 48. Violation of the conditions of approval may result in a citation and /or initiation of revocation proceedings. 49. Closed Quarter Combat (CQC) training provided to law enforcement personnel shall be provided in conjunction with the applicable Chief of Police or Commander of the Law Enforcement and the training will take place in a closed room. The training will only be available to individuals designated by the Chief of Commander and a plan for the training will be provided to the city prior to any such training taking place (Added by the Planning Commission on October 19, 2009). 50.All unpermitted signage along the south elevation shall be removed.