HomeMy WebLinkAboutReso 2024-04 CUP 2023-13 - PA 2023-36 - Lake Oasis SpaRESOLUTION NO. 2024-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-36
(CONDITIONAL USE PERMIT NO. 2023-13) TO ESTABLISH A NEW MASSAGE
ESTABLISHMENT WITHIN AN EXISTING 1,530 SQUARE FOOT UNIT WITHIN A
MULTI-TENANT BUILDING LOCATED AT 31900 MISSION TRAIL SUITE 150
(APN: 363-172-006)
Whereas, Michelle (Shuanglin) Hu has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2023-36 (Conditional Use Permit No. 2023-
13) 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);
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell
undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process
to analyze the scope of the proposed development and establish a building envelope that is
consistent with the MSHCP criteria;
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency
findings demonstrating that the proposed discretionary entitlement complies with the MSHCP
Criteria Cell, and the MSHCP goals and objectives;
Whereas, Chapter 17.415.070 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;
Whereas, pursuant to Chapter 17.415.070 (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 February 6, 2024, 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: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
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2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and
the Fuel Management Guidelines as the Project is wholly located within an existing
building and does not include any earth disturbing activities therefore Sections 6.1.2 or
6.3.1 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
and the Additional Survey Needs and Procedures because the project is not located within
any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: The Commission hereby finds and determines that the Project is categorically
exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”)
and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section
15301 (Class 1 – Existing Facilities). Class 1 consists 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. The proposed project will be
located within an existing multi-tenant commercial building and will utilize one of the suites, which
is approximately 1,530 sq. ft. in size. No modifications will be made to the exterior of the building.
Only minor modifications will be made to the interior of the unit.
Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2023-13:
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 Plan and the purpose of the planning district in which
the site is located.
The project site has a General Plan Land Use Designation of Commercial Mixed Use
(CMU). The CMU designation provides for a mixture of commercial and residential uses,
such as retail and service-based commercial businesses, high-density residential uses,
and similar and compatible uses. The project proposes to establish a body massage
establishment, which is a service-based commercial business. Therefore, the project is
consistent with the General Plan. The current zoning designation for the subject property
is Commercial Mixed Use (CMU). Per Section 17.134.020 (Table of land uses and
glossary/definitions) of the CMU zone, massage establishments are permitted uses
subject to the approval of a Conditional Use Permit.
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 Project has been conditioned as such to avoid any possible negative
impacts associated with the conversion and operation of the proposed facility.
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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 sections 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
existing streets are of adequate size to facilitate safe and convenient transportation to
and from the site.
5. In 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 all applicable City
departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to Section 17.415.070.B 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 17.415.070.B of the LEMC, the Project was considered by the
Commission at a duly noticed Public Hearing on February 6, 2024, appropriate and
applicable conditions of approval have been included to protect the public health, safety
and general welfare.
Section 5: Based upon the evidence presented, both written and testimonial, and the
above findings, the Commission hereby finds that the project is consistent with the MSHCP.
Section 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the Project, the Commission hereby approves Planning Application
No. 2023-36 (Conditional Use Permit No. 2023-13).
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at the regular meeting of the Planning Commission of the City of Lake
Elsinore, California this 6th day of February, 2024.
Jodi Peters
Chair
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Attest:
___________________________________
Damaris Abraham,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2024-04 was adopted by the Planning Commission
of the City of Lake Elsinore, California, at a regular meeting held on February 6, 2024, and that
the same was adopted by the following vote:
AYES: Commissioners Ross, Carroll, and Williams; Vice Chair Gray; and Chair Peters
NOES: None
ABSENT: None
ABSTAIN: None
Damaris Abraham,
Assistant Community Development Director
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