PC15-207Resolution PC 15-207
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE
APPROVING CONDITIONAL USE PERMIT NO. 2015-046 FOR A HAIR
SALON/BARBER 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 1,000 square foot hair salon/barber 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. 2015-046, 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 :
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 (hair salon/barber) 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.
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.
Resolution No PC 15-207
Conditional Use Permit No. 2015-046
May 13, 2015
The project site is zoned Specific Plan (Town Center Specific Plan), Planning
Area 3 (Office/Commercial). The proposed hair salon/barber use is consistent
with the Specific Plan, Planning Area 3 designation, because the Specific Plan
allows for personal services such as a hair salon/barber 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 hair salon/barber 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 hair salon/barber 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 hair salon/barber 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, hair salon/barber. No Further Environmental
Documentation is required because (a) all potentially significant effects of the
proposed project have been adequately analyzed in an earlier EIR
(SCH2O09091022) 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 have been identified, and (f) no mitigation measures found
infeasible have become feasible.
Resolution No PC 15-207
Conditional Use Permit No. 2015-046
May 13, 2015
5. Approval.
The Planning Commission of the City of Menifee hereby approves
Conditional Use Permit No. 2015-046, subject to the Conditions of
Approval as set forth in Exhibit " 1" to this Resolution.
PASSED, APPROVED AND ADOPTED this the 13Ih day of May, 2015.
Chris Thomas, Planning Commission Chair
ATTEST:
J ri , Planning Commission Secretary
Approved as to form:
Ajit Thine, Assistant City Attorney
Scott A. Mann
Mayor
John V. Denver
Mayor Pro 7em
Wallace W. Edgerton
Councilmember
Greg August
Councilmember
Matthew Liesemeyer
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. PC15-207 was duly adopted by
the Planning Commission of the City of Menifee at a meeting thereof held on the
1311 day of May, 2015 by the following vote:
Ayes: Folsom, Karwin, Sobek, Thomas
Noes: Phillips
Absent: None
Abstain: None
Jennifer Allen, Deputy City Clerk
Conditions of Approval for
Conditional Use Permit No. 2015-046
"Sports Clips -Hair Styling"
General Conditions
Project Description -Conditional Use Permit No. 2015-046 - The use hereby
permitted is an approximately 1,000 square foot hair styling salon/barber within
the 2,400 square foot Shops B building of a shopping center (approved pursuant
to Plot Plan No. 2014-009) the Town Center Marketplace. Services provided are
limited to those services typically associated with a hair salon including hair
styling, coloring, and shaving of the head and neck. Massage shall be limited to
the face, head, shoulders, and neck. No other uses or are part of this approval.
An expansion of services or floor area shall require additional Community
Development Department review and may require subsequent applications.
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. 2015-046 (CUP 2015-0046). 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 2015-046 shall be henceforth defined as follows:
APPROVED EXHIBIT A = Site Plan for Conditional Use Permit No. 2015-046
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,
Conditions of Approval for CUP 2015-046
1 of 4
dedications, reservations and/or other exactions imposed on this project as a
result of this approval or conditional approval of this project.
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 Ali Conditions. The applicantfdeveloper 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 2015-046
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 hair styling salon shalt 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 dearly 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 2015-046
3of4
END OF COND/r/ONS
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.
Nr�:r� % Oeti Pce 7 Ll..0
Signed Date
Name (please print)
Business Owner
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Signed
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Title (please print)
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Date
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Conditions of Approval for CUP 2015-046
4 of 4
COUNTY OF RIVERSIDE
DEPARTMENT OF ENVIRONMENTAL HEALTH
Steve Van Stockum, Director
1/25/2015
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:
Cm`tv,�MaJRL,tE
FINANC
UA[� 01,� Z� .
RECEIVsC)
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 •
ni r000���� A)2 n
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 kakim e rivococha.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 •
rnt,---. r000�'7')') n111n
Proudly serving the
unincorporated areas of
riverside county and the
cities or.
Banning
Beaumont
Calimesa
Canyon lake
Coachella
Desert Not Springs
Eastvale
Indian Wells
Indio
Jurupa Valley
take Elsinore
to Quinta
MeniFee
Moreno Valley
Norco
Palm Desert
Perris
Rancho Mirage
Rubidoux C5D
San Jacinto
Temecula
Wildomor
Riverside County Fire Department
In Cooperation With
The California Department of Forestry and Fire Protection
2300 Market St., #150, Riverside, CA 92501
CONDITIONS OF APPROVAL
CASE NUMBER: 15-MENI-CUP-045 &
15-MENI-CUP-046
Reviewed By: Cecilia Buckley May 5, 2015
Project: 15-MENI-CUP-045 — Nail Salon 1,400
15-MENI-CUP-046 — Hair Salon/Barber 1,000
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.org 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'/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.