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PC15-205Resolution PC 15-205 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE APPROVING CONDITIONAL USE PERMIT NO. 2015-021 FOR A BODY WAXING SALON AT TOWN CENTER MARKETPLACE LOCATED AT THE SOUTHWEST CORNER OF NEWPORT ROAD AND HAUN ROAD (APN: 360-080-053) Whereas, January 30, 2015, the applicant, Tab Johnson - Rich Development, filed a formal application with the City of Menifee for a Conditional Use Permit proposing to establish a 1,400 square foot body waxing salon within a future (approved pursuant to Plot Plan No. 2014-009) 100,024 square foot shopping center located at the southwest corner of Newport Road and Haun Road (APN: 360-080-053); and, Whereas, on May 13, 2015, the Planning Commission held a duly noticed public hearing on the Project, considered all public testimony as well as all materials in the staff report and accompanying documents for Conditional Use Permit No. 2015-021, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the Project boundaries, and to persons requesting public notice; and, NOW, THEREFORE, the Planning Commission of the City of Menifee hereby makes the following findings 1. Consistency with the General Plan. The conditional use permit is consistent with the General Plan Land Use Map and applicable General Plan objectives, policies, and programs. The project site has a General Plan land use designation of Specific Plan (Town Center Specific Plan). The Specific Plan designates the site as Planning Area 3 (Office/Commercial). The Specific Plan land use designation allows for personal services (e.g., body waxing, nail salons, barbers and beauticians) with the granting of a conditional use permit. In addition, the intent of Planning Area 3 is to support a mix of retail, office, and restaurant uses that will also complement businesses at the Countryside Marketplace located to the east. Countryside Marketplace contains a handful of personal service uses (nail salon and hair stylists). The existing and new personal service (body waxing) will complement each other by forming a cluster of personal service uses that will provide a greater selection to customers and creates a destination within the City were these services can be acquired. The request will also be consistent with City of Menifee General Plan Economic Development Element Policy ED-2.1 because it provides a personal service used by city residents in a retail center located on two (2) arterial roads that is readily accessible to the individual communities within the city thus improving overall quality of life. Resolution No PC 15-205 Conditional Use Permit No. 2015-021 May 13, 2015 The proposed project, therefore, is consistent with the site's land use designation and the Specific Plan. 2. Consistency with the Zoning Code. The project is consistent with Ordinance No. 348. The project site is zoned Specific Plan (Town Center Specific Plan), Planning Area 3 (Office/Commercial). The proposed body waxing use is consistent with the Specific Plan, Planning Area 3 designation, because the Specific Plan allows for personal services such as body waxing with the granting of a Conditional Use Permit and because the use is consistent with the intent of the Office/Commercial designation. 3. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the project vicinity. The body waxing salon will be located within the Town Center Marketplace, an approved shopping center containing five (5) major tenants, and eleven (11) restaurant/food uses. The Town Center Marketplace is bounded by Newport Towne Square, and a Circle K convenience store to the north, and the Countryside Market Place to the east. Thus, the proposed use is compatible with properties and land uses in the project vicinity. In addition, all activities associated with the body waxing salon will be completely contained inside the building. The proposed use will not require exterior modifications to approved buildings, nor will it require changes to parking areas that would affect approved vehicle circulation patterns. The body waxing salon will be required to obtain building permits for compliance with applicable building code requirements and obtain fire department clearances prior to a certificate of occupancy being issued. Based on these facts, approval of the conditional use permit application will not create conditions materially detrimental to the public health, safety and general welfare nor will it be injurious or incompatible with other properties in the project vicinity. 4. Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act, An Environmental Impact Report (EIR) was certified by the City of Menifee for the Town Center Specific Plan in 2011. Environmental Impacts generated under Plot Plan 2014-009 for the Town Center Marketplace have been analyzed under the EIR prepared for the Town Center Specific Plan which include the proposed personal service use, body waxing. No Further Environmental Documentation is required because (a) all potentially significant effects of the proposed project have been adequately analyzed in an earlier EIR (SCH2009091022) adopted by the City of Menifee pursuant to applicable legal standards, (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to that earlier EIR except those for which a statement of overriding considerations was adopted, (c) the proposed project will not result in any new significant environmental effects not identified in the earlier EIR, (d) the proposed project will not substantially increase the severity of the environmental effects identified in the earlier EIR, (e) no considerably different mitigation measures Resolution No PC 15-205 Conditional Use Permit No. 2015-021 May 13, 2015 have been identified, and (f) no mitigation measures found infeasible have become feasible. 5. Approval. The Planning Commission of the City of Menifee hereby approves Conditional Use Permit No. 2015-021, subject to the Conditions of Approval as set forth in Exhibit "T' to this Resolution. PASSED, APPROVED AND ADOPTED thi the 13" day of May, 2015. Chris Thomas, Planning Commission Chair ATTEST: G Z� J er lien, Planning Commission Secretary Approved as to form: Ajit Thind, Assistant City Attorney Scott A. Mann Mayor John V. Denver Mayor Pro Tern Wallace W. Edgerton Councilmember Greg August Councilmember Matthew Llesemeyer Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.6793843 www.cityofinenifee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC15-205 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 131h day of May, 2015 by the following vote: Ayes: Folsom, Karwin, Sobek, Thomas Noes: Phillips Absent: None Abstain: None nnifer Allen, Deputy City Clerk � o td1ENIFEq Conditions of Approval for Conditional Use Permit No. 2015-021 "European Wax - Body Waxing" General Conditions Project Description -Conditional Use Permit No. 2015-021 - The use hereby permitted is an approximately 1,400 square foot body waxing salon within the 6,000 square foot Pad C Retail/Restaurant building of a shopping center (approved pursuant to Plot Plan No. 2014-009) the Town Center Marketplace. Services provided are limited to body waxing and other hair removal processes. No other uses or are part of this approval including massage or tanning services. An expansion of services or floor area shall require additional Community Development Department review and may require subsequent applications. 2. indemnification. Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved Conditional Use Permit No. 2015-021 (CUP 2015-021). in addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City_ 3. Definitions. The words identified in the following list that appear in all capitals in the attached conditions of CUP 201S-021 shall be henceforth defined as follows: APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2015-021 dated February 3, 2015. 4. Ninety (90) Days. The project developer has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. Conditions of Approval for CUP 2014-021 1 of 4 5. Revocation. In the event the use hereby permitted under this permit, a) is found to be in violation of the terms and conditions of this permit, b) is found to have been obtained by fraud or perjured testimony, or c) is found to be detrimental to the public health, safety or general welfare, or is a public nuisance, this permit shall be subject to the revocation procedures. 6. Ceased Operations. In the event the use hereby permitted ceases operation for a period of one (1) year or more, this approval shall become null and void. 7. Business Registration. Every person conducting a business within the City of Menifee, shall obtain a business license, as required by the Menifee Municipal Code. For more information regarding business registration, contact the City of Menifee. 8. Comply with All Conditions. The applicant/developer shall comply with all terms and conditions of Plot Plan No. 2014-009 (Town Center Marketplace) and Specific Plan No. 2009-069 (Town Center Specific Plan). 9. Expiration Date. This approval shall be used within two (2) years of the approval date; otherwise, it shall become null and void and of no effect whatsoever. By use is meant the beginning of substantial construction contemplated by this approval within two (2) year period which is thereafter diligently pursued to completion or to the actual occupancy of existing buildings or land under the terms of the authorized use. Prior to the expiration of the two year period, the permittee may request a one (1) year extension of time in which to begin substantial construction or use of this permit. Should the one year extension be obtained and no substantial construction or use of this permit be initiated within three (3) years of the approval date this permit, shall become null and void. 10. Comply with Ordinance. The development of these premises shall comply with the standards of Menifee Municipal Code, Ordinance No. 348 and all other applicable ordinances and State and Federal codes. 11. Comply with Approved Exhibits. The development of the premises shall conform substantially with that as shown on APPROVED EXHIBIT A, unless otherwise amended by these conditions of approval. 12. Licensing. At all times during the conduct of the permitted use the permittee shall maintain and keep in effect valid licensing approval from the appropriate local, state and federal agencies, including a valid business license from the City of Menifee. Should such licensing be denied, expire or lapse at any time in the future, this permit shall become null and void. 13. Building and Safety. Compliance with Department of Building and Safety directives and all required permits shall be obtained prior to establishment or continuation of the use_ Conditions of Approval for CUP 2014-021 2of4 14. Riverside County Department of Environmental Health. Compliance with Riverside County Department of Environmental Health directives and all required permits shall be obtained prior to establishment or continuation of the use. 15. No Permanent Occupancy. No permanent occupancy shall be permitted within the property approved under this conditional use permit as a principal place of residence. No person shall use the premises as a permanent mailing address nor be entitled to vote using an address within the premises as a place of residence. 16. Hours of Operation. The hours of operation for the body waxing salon shall be limited to 7.00 a.m. to 9:00 p.m. (Seven [7] days per week). 17. Subsequent Submittals and Fees. Any subsequent submittals required by these conditions of approval, including but not limited to grading plan, building plan or mitigation monitoring review, shall be reviewed on an hourly basis (research fee), or other such review fee as may be in effect at the time of submittal, as required by Resolution No. 13-320 (Cost of Services Fee Study). Each submittal shall be accompanied with a letter clearly indicating which condition or conditions the submittal is intended to comply with. 18. No Outdoor Advertising or Temporary Signs. No outdoor advertising display, sign or billboard (not including on -site advertising or directional signs with City approved permits) shall be constructed or maintained within the property subject to this approval. Temporary signs, banners or flags are expressly prohibited. Prior to Building Permit Issuance 19. Floor Plans. Floor Plans shall be in substantial conformance with the area that is shown on the APPROVED EXHIBIT A. Prior to Issuance of Final Occupancy 20. Condition Compliance. The Community Development Department shall verify that the Development Standards and all other preceding conditions have been complied with prior to any use allowed by this permit. 21. Final Planning Inspection. The permittee shall obtain final occupancy sign -off from the Planning Division for each building permit issued by scheduling a final Planning inspection prior to the final sign -off from the Building Department. Planning staff shall verify that all pertinent conditions of approval have been met, including compliance with the approved floor plans. Conditions of Approval for CUP 2014-021 3 of 4 END OF CONDITIONS The undersigned warrants that he/she is an authorized representative of the project referenced above, that I am specifically authorized to consent to all of the foregoing conditions, and that I so consent as of the date set out below. 1-�ALYI % N ►PMT c � Signed Date Name (please print) Title (please print) Business Owner Signed Dat Name (please print) Title (p! se rint) Conditions of Approval for CUP 2014-021 4of4 PROUDLY SERVING THE UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CITIES OF: BANNING BEAUMONT CALIMESA CANYON LAKE COACHELLA DESERT HOT SPRINGS EASTVALE INDIAN WELLS INDIO JURUPA VALLEY LAKE ELSINORE LA QUINTA MENIFEE MORENO VALLEY NORCO PALM DESERT PERRIS RANCHO MIRAGE RueIDOUX CSD SAN JACINTO TEMECULA WILDOMAR BOARD OF SUPERVISORS: KEVIN JEFFRIES DISTRICT I JOHN TAVAGLIONE DISTRICT 2 JEFF STONE DISTRICT 3 JOHN BENOIT DISTRICT 4 MARION ASHLEY DISTRICT 5 RIVERSIDE COUNTY FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION 2300 Market St., #150, Riverside, CA 92501 Phone: (951) 955-4823 Fax: (951) 955-4886 CONDITIONS OF APPROVAL CASE NUMBER: 15-MENI-021 (BLDG C ONLY) Reviewed By: Cecilia Buckley March 30, 2015 Project: 1,600 square foot - Body Waxing Salon (ENTIRE PAD C IS 6,000) 10. GENERAL CONDITIONS 10.FIRE.999 PC - #01 —West Fire Protection Planning Office Responsibility It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Additional information is available at our website: www.rvcfire.ora go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955-4777, Fax: (951) 955-4886. 10.FIRE.999 CASE — CITY CASE STATEMENT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards 10.FIRE.999 USE-#50-BLUE DOT REFELECTOR Blue retro reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Riverside County Fire Department. 10.FIRE.999 USE-#23 — MIN REQ FIRE LOW Minimum required fire flow shall be 2625 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Building shall have a fire sprinkler system. 10.FIRE.999 USE-#20-SUPER FIRE HYDRANT Super fire hydrant (s) (6" x 4" x 2 %") shall be located not less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. 10.FIRE.9999 USE-#19-ON/OFF LOOPED HYDRANT A combination of on -site and off -site super fire hydrants, on a looped system (6" x 4" x 2'/2"), will be located note less than 25 feet or more than 165 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants (s) in the system. 10.FIRE.999 USE-#89-RAPID ENTRY BOX Rapid Entry Key Storage Cabinet shall be installed on outside of the building. Plans showing location of cabinet(s) shall be submitted to the Riverside County Fire Department for approval prior to installation (Current plan check deposit base fee is $126.00 60. PRIOR TO GRADING PERMIT SSUANCE 60.FIRE.999 USE-#75-WATER PLANS The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. 80. PRIOR TO BUILDING PERMIT ISSUANCE 80.FIRE.999 USE-#17A-BLDG PLAN CHECK $ Building plan check deposit fee of $307 to $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been reviewed by our office. 80.FIRE.999 USE44 —WATER PLANS The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing. The system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department." 90. PRIOR TO BUILDING PERMIT FINAL 90.FIRE.1 USE-#045- FIRE LANE The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 90.FIRE.3 USE- #12A- SPRINKLER SYSTEM Install a complete fire sprinkler system per NFPA 13, 2013 Edition in all building requiring a fire flow of 1500 GPM or greater. Sprinkler system(s) with pipe size in excess of 4" in diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of any hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. Applicant or developer shall be responsible to install a UL Central Station Monitored Fire Alarm System. Monitoring system shall monitor the fire sprinkler system(s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. 90.FIRE.10 USE-#12B- SPRINKLER MONITORING Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with (NFPA 72, 2013 Edition. A C-10 licensed contractor must submit plans designed in accordance with adopted standards. Plans must be submitted to the Fire Department for approval prior to installation. 90.FIRE.7 USE-#27-EXTINGUISHERS Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact the Fire Department for proper placement of equipment prior to installation. COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director 2/25/2015 City of Menifee Planning Department Attn: Manny Baeza 29714 Haun Road Menifee, CA 92586 SUBJECT: CITY OF MENIFEE — PLANNING APPLICATION No. 2015-021 CUP — PERSONAL SERVICE BUSINESSES Dear Mr. Baeza: CI7*WPM%Vpe, FIlVgNC IVIAR RECEIVED The project listed in the subject heading of this letter is proposing the establishment of (3) separate personal service businesses consisting of a Body Waxing Salon, a Nail Salon, and a Bar -Hair Salon in a retail center. The location of the proposed retail center is on the southwest corner of Haun and Newport Road. CA. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Menifee, DEH offers the following comments: POTABLE WATER AND SANITARY SEWER A "General Condition" shall be placed on this project indicating that these facilities are proposing to receive potable water and sanitary sewer service from Eastern Municipal Water District (as proposed in CUP 2014-009). Per Memorandum of Understanding between the County of Riverside and EMWD, no "will -serve" letters are required for projects located within their service area. However, it is the responsibility of the operators to ensure that all requirements to obtain potable water and sanitary sewer service are met with EMWD, as well as all other applicable agencies. As the agency providing sewer service, EMWD shall also have the responsibility to implement any grease interceptor requirements, including sizing capacity and minimum structural specifications if necessary. All existing septic systems and/or well shall be properly removed or abandoned under permit with DEH. Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside - nt,---. (000\ 7'V) A)') A COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director LOCAL ENFORCEMENT AGENCY (LEA) The applicant shall contact the County of Riverside LEA at (951)955-8980 for any plan check and/or permitting requirements. Any persons engaged in the business or performance of tattooing, body piercing, branding and the application of permanent cosmetics as defined in Health and Safety Code 119300 et sec. must obtain approval from the Riverside County Department of Environmental Health LEA. Should you have any further questions or require further assistance, please contact me by email at kakimQrivococha.org or by phone at (951) 955-8980. Sincerely, Kristine , REHS Environmental Protection and Oversight Division Land Use and Water Resources Program SR32894 Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • rn i000���� A )24