HomeMy WebLinkAboutItem No. 3CITY OF
LADE LSINORE
` DREAM EXTREME-
TO: HONORABLE CHAIRPERSON
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: JULY 17, 2012
SUBJECT: CONDITIONAL USE PERMIT NO 2012-04 - A REQUEST TO
OPERATE A MARTIAL ARTS SCHOOL CONSISTING OF
APPROXIMATELY 2,700 SQUARE FEET WITHIN AN
EXISTING BUILDING LOCATED AT 18421 COLLIER
AVENUE, SUITE C.
APPLICANT: MICHAEL GOLOVICH: K-JO's ACADEMY OF MARTIAL
ARTS, 18451 COLLIER AVENUE, SUITE C, LAKE
ELSINORE, CA 92530
OWNER: MICHAEL CARGILE, VOIT RES., 2020 MAIN STREET,
SUITE 100, IRVINE, CA 92614
Project Request/Description
The applicant is requesting approval of a Conditional Use Permit (CUP) to establish and
operate a martial arts studio (K-JO's Academy of Martial Arts) within the existing Lake
Commerce Center located at 18451 Collier Avenue, Suite C. The proposed martial arts
studio involves private classes that would occupy an existing 2,700 square foot suite within
a multi-tenant building in the Center. The existing suite contains an administrative office,
lobby and restrooms. The applicant does not propose any exterior modifications as part of
this project.
The applicant's operational statement states that the applicant and three employees will
operate the business at any one time (see attached). In addition, the statement indicates
that the days and hours of operation will be Monday-Friday from 2 p.m. to 9 p.m., and
Saturday from 9 a.m. to 2 p.m. It should be noted that staff is identifying the martial arts
academy as a fitness studio and therefore subject to review and approval of a CUP within
the Commercial Manufacturing (C-M) zoning district.
PC July 17, 2012 Item No. 3
Page 1 of 14
Conditional Use Permit No. 2012-04
July 17, 2012
Page 2 of 3
Environmental Setting
EXISTING'
ZONING
GENERAL PLAN
LAND USE
Project
C-M Business
C-M (Commercial Manufacturing)
Business Park
Site
Park
North
Industrial
C-M (Commercial Manufacturing)
Business Park
Business Park
South
Industrial
C-M (Commercial Manufacturing
Business Park
Business
& M-1 (Limited Manufacturing)
Park/Vacant
East
Vacant
C-2 General Commercial
General Commercial
West
Industrial
M-1 (Limited Manufacturing)
Business Park
Building
Analysis
According to Section 17.148.030 of the Zoning Code, a fitness studio requires one parking
space per employee plus one parking space per every two students. K-JO's Academy of
Martial Arts operation consists of four employees and 20 students, which requires 14
parking spaces. As part of the CUP application for the proposed use, staff performed a
parking count analysis of the commercial manufacturing complex to verify that adequate
on-site parking would remain in the Center with the addition of the proposed use. The
analysis concluded that the Center currently maintains a surplus of 11 on-site parking
spaces. With addition of the proposed use, the parking surplus would be reduced to three
spaces. In addition, since the business hours are opposite hours of many other tenants,
staff does not believe parking will be an issue. In order to assure that parking demand for
the martial arts studio is not increased in the future, staff has limited the maximum number
of students to 20 prior to 5:00 p.m. during weekday hours, per Condition of Approval
Number 6.
Staff believes the proposed use, with the attached conditions of approval, meets all
applicable development standards and criteria outlined in the (C-M) Commercial
Manufacturing Zoning District and Chapter 17.74 (Conditional Use Permits) of the Lake
Elsinore Municipal Code (LEMC).
Environmental Determination
The Project is categorically exempt from the California Environmental Quality Act (Cal.
Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R.
15000 et seq.), specifically pursuant to Section 15301 (a) (Existing Facilities). The
Project proposes to operate a martial arts studio within an existing commercial
manufacturing building. The site is fully developed and only minor interior alterations are
AGENDA ITEM _
PAGE OF
PC July 17, 2012 Item No. 3
Page 2 of 14
Conditional Use Permit No. 2012-04
July 17, 2012
Page 3 of 3
planned in association with the proposed use.
Recommendation
Adopt a Resolution No. 2012-_ approving Conditional Use Permit No. 2012-04 for the
operation of a martial arts studio based on the Findings, Exhibits, and proposed Conditions
of Approval.
Prepared By: Kirt A. Coury, /-G
Project Planner
Approved By: Warren Morelion, AICP~
Acting Community Development Director
Attachments:
1. Vicinity Map
2. Planning Commission Resolution
3. Planning Commission Conditions of Approval
4. Draft Acknowledgment Conditions of Approval
5. Site Plan
6. Floor Plans
7. Statement of Business Description
AGENDA ITEM _
PAGE _ OF _
PC July 17, 2012 Item No. 3
Page 3 of 14
VICINITY MAP
CONDITIONAL USE PERMIT NO. 2012-04
K-JO'S ACADAMEY OF MARTIAL ARTS
PC July 17, 2012 Item No. 3
Page 4 of 14
RESOLUTION NO. 2012-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO 2012-04 FOR A MARTIAL
ARTS SCHOOL CONSISTING OF APPROXIMATELY 2,700
SQUARE FEET WITHIN AN EXISTING BUILDING LOCATED AT
18421 COLLIER AVENUE, SUITE C
WHEREAS, Michael Golovich of "K-Jo's Academy of Martial Arts", has initiated
proceedings to request the approval of Conditional Use Permit No. 2012-04 (the "CUP")
in order to establish and operate a martial arts school within an existing building located
at 18421 Collier Avenue, Suite C (the "Project"). The site has a zoning designation of
(C-M) Commercial Manufacturing and has a General Plan Land Use designation of
Business Park (BP); and
WHEREAS, the underlying zoning district on the subject property is (C-M)
Commercial Manufacturing; and
WHEREAS, martial arts schools are a conditionally permitted use in the (C-M)
Commercial Manufacturing district; and
WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that
certain uses have operational characteristics that, depending on the location and design
of the use, may have the potential to negatively impact adjoining properties, businesses
or residents and therefore are permitted subject to the issuance of a Conditional Use
Permit, which allows the City to comprehensively review and approve the use; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reviewing and approving, conditionally approving, or
denying conditional use permits; and
WHEREAS, on July 17, 2012 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed
Conditional Use Permit No. 2012-04 prior to rendering its decision and finds that the
requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been
satisfied.
SECTION 2. The Planning Commission hereby finds and determines that
Conditional Use Permit No. 2012-04 is categorically exempt from the California
Environmental Quality Act (Public Resources Code 21000 et seq.: "CEQA") and the
Guidelines for Implementation of CEQA (14 California Code of Regulations 15000 et
PC July 17, 2012 Item No. 3
Page 5 of 14
PLANNING COMMISSION RESOLUTION NO. 2012-
PAGE 2 OF 4
seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (Existing Facilities)
categorical exemption. Specifically, the Planning Commission finds that the Conditional
Use Permit allows for the operation of a martial arts school within an existing building on
a fully developed site located at 18421 Collier Avenue, Suite C.
SECTION 3. That in accordance with State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for approval of CUP No. 2012-04:
1. The proposed use, on its own merits and within the context of its
setting, is in accord with the objectives of the General Plan and the purpose of
the planning district in which the site is located.
Issuance of this Conditional Use Permit will facilitate the creation of a well
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses. The proposed land use conforms to the
objectives of the General Plan and the planning district in which the site is
located.
2. The proposed use will not be detrimental to the general health,
safety, comfort, or general welfare of persons residing or working within the
neighborhood of the proposed use or the City, or injurious to property or
improvements in the neighborhood or the City.
All applicable City departments and agencies have been afforded an opportunity
to review the use permit and recommend various conditions of approval as set
forth in the conditions of approval attached to the staff report for this Conditional
Use Permit. Conditions have been applied relating to the proposed use, so as to
eliminate any negative impacts to the general health, safety, comfort, or general
welfare of the surrounding commercial development and the City.
3. The site for the intended use is adequate in size and shape to
accommodate the use, and for all the yards, setbacks, walls or fences,
landscaping, buffers and other features required by Title 17 of the Lake Elsinore
Municipal Code.
The proposed Conditional Use Permit is for the operation of a martial arts school
within an established building located at 18421 Collier Avenue, Suite C. The
proposed use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the Lake Elsinore Municipal Code and will
compliment the existing uses, based on the submitted plans and attached
conditions of approval.
4. The site for the proposed use relates to streets and highways with
proper design both as to width and type of pavement to carry the type and
quantity of traffic generated by the subject use.
PC July 17, 2012 Item No. 3
Page 6 of 14
PLANNING COMMISSION RESOLUTION NO. 2012-_
PAGE 3 OF 4
The proposed operation of a martial arts school within an existing commercial
manufacturing building located at 18421 Collier Avenue, Suite C, has been
reviewed in relation to the width and type of pavement needed to carry the type
and quantity of traffic generated. The City has analyzed the proposed parking for
the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore
Municipal Code (LEMC) and based on the submitted plans and the attached
conditions of approval, has determined that the proposed use will meet all
requirements of Chapter 17.148 of the LEMC.
5. In approving the subject use, there will be no adverse affect on
abutting property or the permitted and normal use thereof.
The Conditional Use Permit has been thoroughly reviewed and conditioned by all
applicable City departments thereby eliminating the potential for any adverse
effects.
6. Adequate conditions and safeguards pursuant to Lake Elsinore
Municipal Code Section 17.168 have been incorporated into the approval of the
Conditional Use Permit to insure that the use continues in a manner envisioned
by these findings for the term of the use.
Pursuant to Lake Elsinore Municipal Code Section 17.168, the proposed martial
arts school has been scheduled for consideration and approval of the Planning
Commission at the regularly scheduled meeting on July 17, 2012.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves Conditional
Use Permit No. 2012-04.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, this 17th day of July, 2012.
Shelly Jordan, Chairperson
City of Lake Elsinore
PC July 17, 2012 Item No. 3
Page 7 of 14
PLANNING COMMISSION RESOLUTION NO. 2012-_
PAGE 4 OF 4
ATTEST:
Warren Morelion, AICP
Acting Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012-_ as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th
day of July 2012, and that the same was adopted by the following vote:
AYES
NOES:
ABSENT:
ABSTAIN:
Warren Morelion, AICP
Acting Community Development Director
PC July 17, 2012 Item No. 3
Page 8 of 14
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2012-04
K-JO's ACADEMY OF MARTIAL ARTS LOCATED AT
18421 COLLIER AVENUE, SUITE C
General Conditions
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim, action,
or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning the project attached hereto.
2. The decision of the Planning Commission shall be final fifteen (15) days from the date of
the decision, unless an appeal has been filed with the City Council pursuant to the
applicable provisions of the Lake Elsinore Municipal Code (LEMC).
3. Conditional Use Permit No. 2012-04 shall lapse and shall become void two (2) years
following the date on which the use permit became effective, unless prior to the
expiration, a building permit is issued and construction commenced and diligently
pursued toward completion on the site which was the subject of the use permit
application.
4. Prior to commencement of the proposed use, the applicant shall sign and complete an
"Acknowledgement of Conditions," and shall return the executed original to the
Community Development Department for inclusion in the case records.
5. The Applicant is to meet all applicable City Codes and Ordinances.
6. The applicant shall be limited to a maximum number of 20 students prior to 5:00p.m
daily.
7. The Conditional Use Permit shall comply with all applicable requirements of the Lake
Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval.
8. The Conditional Use Permit granted herein shall run with the land and shall continue to
be valid upon a change of ownership of the site or structure which was the subject of
this approval.
9. An application for modification, expansion or other change in a Conditional Use Permit
shall be reviewed according to the provisions of the Lake Elsinore Municipal Code, Title
17 in a similar manner as a new application.
10.A business license shall be obtained prior to a certificate of occupancy of the proposed
establishment.
Planning Commission
July 17, 2012
PC July 17, 2012 Item No. 3
Page 9 of 14
Conditions of Approval
Page 2 of 2
Conditional Use Permit No. 2012-04 - K-JO's Academy of Martial Arts
11. There shall be no loitering in or around the business.
12. Business hours shall be Monday - Friday from 2:00 p.m. to 9:00 p.m, and Saturday from
9:00 a.m. to 2:00 p.m as indicated in the staff report. In the event the applicant operator
proposes to modify the hours of operation, the modification shall be subject to the
review of the Community Development Director. The Community Development Director
may approve the modification or refer the matter to the Planning Commission if judged
to be substantial.
13.If operation of this use triggers concerns related to parking, noise, traffic, or other
impacts, at the discretion of the Community Development Director, this Conditional Use
Permit may be referred back to the Planning Commission for subsequent review at a
public hearing. If necessary, the Commission may modify or add conditions of approval
to mitigate such impacts, or may revoke said Conditional Use Permit.
14. The applicant shall comply with all conditions of approval prior to commencement of the
proposed use.
Prior to Building Permits
15. Prior to issuance of building permits, the applicant shall pay all appropriate fees.
RIVERSIDE COUNTY SHERIFF DEPARTMENT
16.The applicant/operator shall comply with all requirements of the Riverside County
Sheriff Department.
RIVERSIDE COUNTY FIRE DEPARTMENT
17.The applicant/operator shall comply with all requirements of the Riverside County Fire
Department.
Planning Commission
September 20, 2011
PC July 17, 2012 Item No. 3
Page 10 of 14
CITY OF
LSINORE
DREAM EXTREMEn
ACKNOWLEDGMENT OF
"DRAFT" CONDITIONS OF
APPROVAL
Subject: CONDITIONAL USE PERMIT NO 2012-04 - A REQUEST TO
OPERATE A MARTIAL ARTS SCHOOL CONSISTING OF
APPROXIMATELY 2,700 SQUARE FEET WITHIN AN EXISTING
BUILDING LOCATED AT 18421 COLLIER AVENUE, SUITE C.
I hereby state that I have read and acknowledge the Draft Conditions of Approval
and do hereby agree to accept and abide by all final Conditions that will be
approved by the Planning Commission/City Council. I also understand that all
Conditions shall be met prior to issuance of permits or prior to the first Certificate
of Occupancy, or as otherwise indicated in the Conditions.
All final conditions shall be met prior to issuance of permits or prior to the first
Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the
approval of the Community Development Director of the City of Lake Elsinore
Date: Property Owner's Signature
Print Name:
Address:
Phone Number:
Applicant's Signatu
Print Name:
Address:
Phone Number:
AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT
RECEIVED THE SIGNED ACKNOWLEDGMENT FORM.
PC July 17, 2012 Item No. 3
Page 11 of 14
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PC July 17, 201Ae$ No. 3
PaTe% of 14
Planning Division
Conditional Use Permit
Application Submittal
Proposed Business Name - K-Jo's Academy of Martial Arts
Description of Proposed use:
We are a martial arts academy with the goal of introducing our study to all girls, boys,
women and men. We will be teaching a variety of martial arts techniques, including self-
defense, fitness, and flexibility classes.
Hours of Operation:
The hours of operation will be primarily during the afternoon and evening hours from
2PM - 9PM, Monday through Friday. We plan to be open on Saturdays 9AM to 2PM and
closed on sundays except for promotional events such as belt testing.
Employees:
There will be four(4) employees and they will include; Our Administrative department,
Chief Master of Instruction, Sales Department and a front desk clerk / receptionist.
Materials used:
Students will be trained with kicking and punching bags in unit.
Hazardous Materials:
We plan on using only household cleaners (windex, bathroom cleaner, ETC). No other
hazardous materials are expected to be used.
Traffic Volume generated:
We anticipate enrolling 20 students per class, With the possibility of expanding to 30
students per class.
Security Provisions:
ADT security system will be used for this unit.
5-15-2012
Drawings by:
Micheal Golovich
PC July 17, 2012 Item No. 3
Page 14 of 14