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HomeMy WebLinkAboutReso 2025-05 - CUP 2004-09 - PA 2024-16 - Natural Foot SpaRESOLUTION NO. 2025-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2024 - 09 FOR A NEW 1,117 SQ. FT. MASSAGE ESTABLISHMENT (NATURAL FOOT SPA) WITHIN UNIT A OF AN EXISTING MULTI-TENANT COMMERCIAL CENTER LOCATED AT 31736 MISSION TRAIL (APN: 363-172-018 AND 363-172-019) Whereas, Owen Liu has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2024 -16 (Conditional Use Permit No. 2024-09) to establish a new massage business (Natural Foot Spa) within an existing multi -tenant commercial center. The proposed project will be located in one of the corner suites, Unit A, which is 1,117 square feet in size. The massage establishment proposes a total of five (5) massage rooms, including three (3) single massage rooms, one (1) couple massage room, and one (1) foot massage room, as well as an entry reception area and ancillary rooms (e.g. storage, restroom, utility closet). The project site is located near the intersection of Diamond Drive and Mission Trail at 31736 Mission Trail which includes Assessor Parcel Numbers (APNs) 363 -172-018 and 363-172-019; 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, Section 17.415.070.A 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, businesse s, 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 Section 17.415.070.B 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 March 18, 2025, 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, CALIFORNIA, 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. Docusign Envelope ID: B8553A69-598F-48B2-A81B-4066A0E14B3F PC Reso. No. 2025-05 Page 2 of 3 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. 2. The project site is developed with existing commercial uses. The project is proposing to remodel the interior of an existing multi-tenant commercial building. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 because the project is not located within any Na rrow 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 is exempt from MSHCP local development mitigation fees pursuant to LEMC Section 16.85.090.B because the project involves remodeling to an existing development project and will not result in additional usable square footage. 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), because the project proposes to establish a massage business within a fully developed multi-tenant commercial building. Only minor modifications will be made to the interior of the unit. No modificat ions will be made to the exterior of the building. Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding Conditional Use Permit No. 2024 -09: 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 proposed project is located in the Commercial Mixed -Use (CMU) General Plan Land Use Designation within the Lake Elsinore Hills District. The CMU designation provides for a mixture of commercial and residential uses, such as retail and service -based commercial businesses. The proposed massage establishment is a service -based business and therefore, the project is consistent with the General Plan. Furthermore, the new business contributes to the main goal of the Lake Elsinore Hills District because it pro vides a new service business to support the planned residential developments. 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 is located within an existing fully developed multi -tenant commercial building. The proposed use will not cause either directly or indirectly any detrimental Docusign Envelope ID: B8553A69-598F-48B2-A81B-4066A0E14B3F PC Reso. No. 2025-05 Page 2 of 3 effects to the existing surrounding community. The project has been adequately conditioned, including compliance with the massage establishments pursuant to LEMC Chapter 5.20, to avoid any potential negative impacts associated with the conversion and operation of the proposed use. 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 is located within an existing tenant of suite of a fully -developed multitenant commercial center that has been previously reviewed for consistency with the development standards. The use does not propose any changes to the site exterior an d only interior improvements to the tenant suite are proposed. Furthermore, the project has been analyzed by all applicable City departments and it has been 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 and outside agencies, thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure the development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. The Design Review Committee, including staff from Planning, Building and Safety, Fire, and Engineering Departments as well as the Elsinore Valley Municipal Water District, has reviewed the project and have included recommended conditions of approval to ens ure compliance with adopted plans, policies, and regulations. Furthermore, the project will be required to demonstrate compliance with the conditions of approval and other requirements pursuant to LEMC Section 17.415.050 prior to the issuance of a building permit and/or City business license. Section 5: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby approves Conditional Use Permit No. 2024-09. Section 6: This Resolution shall take effect immediately upon its adoption. Docusign Envelope ID: B8553A69-598F-48B2-A81B-4066A0E14B3F PC Reso. No. 2025-05 Page 2 of 3 Passed and Adopted on this 18th day of March 2025. John Gray Chair Attest: ___________________________________ Damaris Abraham Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025 -05 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on March 18, 2025, and that the same was adopted by the following vote: AYES: Commissioners Carroll, Devor, and Peters; and Chair Gray NOES: None ABSTAIN: None ABSENT: None Damaris Abraham Community Development Director Docusign Envelope ID: B8553A69-598F-48B2-A81B-4066A0E14B3F