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HomeMy WebLinkAboutAttachment 2 - Conditions of ApprovalApplicant’s Initials: _____Page 1 of 4 CONDITIONS OF APPROVAL PROJECT: PA 2023-36/CUP 2023-13 PROJECT NAME:Lake Oasis Spa PROJECT LOCATION:APN: 363-172-006 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL CONDITIONS 1. Planning Application No. 2023-36 (Conditional Use Permit No. 2023-13) proposes to establish a new massage establishment within an existing approximately 1,530 sq. ft. unit located within an existing multi-tenant commercial building (Project). The Project is located within the Mission Trail Center near the intersection of Mission Trail and Campbell Street, more specifically referred to as 31900 Mission Trail, Suite 150 (APN: 363-172-006). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of CUP 2023-13, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of CUP 2023-13 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of Project approval and prior to issuance of any building permits, 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. PLANNING DIVISION 4. Conditional Use Permit No. 2023-13 shall lapse and become void two years following the date on which the Conditional Use Permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of LEMC Section 17.415.070. Subject to the provisions of LEMC Section 17.415.070, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall PA 2023-36/CUP 2023-13 Conditions of Approval Planning Commission: 02/06/2024 Applicant’s Initials: _____Page 2 of 4 3 7 0 5 1 continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application. 5. The Applicant shall meet all applicable City Codes and Ordinances. 6. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the LEMC. 7. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application 8. A business license shall be obtained prior to a certificate of occupancy of the proposed establishment. 9. The use shall be operated as a Massage Establishment. Additionally, all future massage practitioner(s) or massage therapist(s), working under a conditionally approved Massage Establishment, must hold a valid massage practitioner or massage therapist certification issued by the California Massage Therapy Council (CAMTC) or apply for the City of Lake Elsinore Massage Technician Permit, pursuant to City's provisions. 10. There shall be no loitering around the business. 11. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 12. Business hours shall be Monday through Sunday from 10:00 AM to 8:00 PM. In the event the applicant proposes to modify the hours of operation, the modification shall be subject to review by 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. A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained prior to conducting any and all outdoor events on the subject property. 14. 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. 15. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. 16. Graffiti shall be removed within 24 hours. 17. The vicinity of the establishment shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. PA 2023-36/CUP 2023-13 Conditions of Approval Planning Commission: 02/06/2024 Applicant’s Initials: _____Page 3 of 4 3 7 0 5 1 BUILDING DIVISION 18. The Applicant shall meet all applicable Building Codes in effect at the time, including requirements for the occupancy. 19. Any internal or external modifications to the building shall require a building permit. CITY OF LAKE ELSINORE FIRE MARSHAL 20. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. PA 2023-36/CUP 2023-13 Conditions of Approval Planning Commission: 02/06/2024 Applicant’s Initials: _____Page 4 of 4 3 7 0 5 1 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on ____________. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: