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HomeMy WebLinkAboutPC Reso No 2017-48 (CUP 2017-02, Massage)RESOLUTTON NO. 20t7-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2017-15 (coNDrTroNAL USE PERMTT NO. 2017-02) TO ESTABLTSH A FOOT AND BODY MASSAGE ESTABLISHMENT WITHIN AN EXISTING BUILDING LOCATED AT APN: 365-280-009 Whereas, Zhihong Chen has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-15 (Conditional Use Permit No. 2017-02) to establish a foot and body massage parlor within an existing approximately 1,300 Square Foot (SF) commercial building (Project). The Project is located near the intersection of Mission Trail and Malaga Road and more specifically referred to as 32245 Mission Trail. (APN: 365-280-009); and, Whereas, Chapter 17.168 of the Lake Elsinore Municipal Code (LEMC) 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, pursuant to Chapter 17.168 (Conditional Use Permits) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and, Whereas, on June 20,2017, at a duly noticed Public Hearing, the Commission has 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 Commission has considered the Project prior to making a decision and has found it acceptable. Section 2: The Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code SS21000 et seq. "CEQA") and CEQA Guidelines (14. Cal. Code Regs. SS15000 et seq.), specifically pursuant to Section 15301 (Class 1 - Existing Facilities), because the Project proposes to establish a foot and body massage within an existing building. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Section 3: That in accordance with California Planning and Zoning Law and the LEMC Section 1 7.168.060 (Findings), the Commission makes the following findings regarding the Project: 1. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General PIan and the purpose of the planning district in which the site is located. The proposed Project is located in the Commercial Mixed Use (CMU) General Plan Land use designation and the Commercial Mixed Use (CMU) Zoning designation, which is corslslenl with the applicable General Plan Land Use Designation. The proposed use is PC Reso. No. 2017-48 Page 2 of 3 a permitted use subject to the approval of a Conditional Use Permit within the CMU Zoning designation. 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. The proposed use will be located within an existing building. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The PAed has been conditioned as such to avoid any possible negative impacts associated with the conversion and operation of the proposed facility. 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 this title. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable secfions of the LEMC and will complement 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. The proposed use is located within an existing built environment, inclusive of streets. The exisllng slreels are of adequate size to facilitate safe and convenient transpodation to and from the site. 5. ln approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by ail applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Section 17.168.050 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject Project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on June 20, 2017, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Section 4: Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby approves Planning Application No. 2017-1 5 (Conditional Use Permit No. 2017-02). Section 5: Thrs Resolution shall take effect immediately upon its adoption. PC Reso. No. 2017-48 Page 3 of 3 Passed and Adopted on this 20th day of June, 2017. ...") --- \,/2,/l_---- Aoanr t\rrntrJ-natrman STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-48 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting of June 20,2017, and that the same was adopted by the following vote: AYES: Commissioner'sRoss, Carroll Armit NOES. None ABSTAIN: None ABSENT: None Chairman SS, J ustin