Applicant’s Initials: _____ Page 1 of 4
CONDITIONS OF APPROVAL
PROJECT: PA 2019-31 (CDR-2025-04 & VAR-2025-01)
PROJECT NAME: Blazed Utopia – Variance and Minor IDR
PROJECT LOCATION: 233 West Minthorn Street (APN: 377-220-024) APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
GENERAL CONDITIONS
1. The project proposes to legalize a 392 sq. ft. storage shed and construct a 373 sq. ft. patio and 21 sq. ft. fire riser room (IDR No. 2025-04) and a Variance (VAR No. 2025-01) request to reduce the proposed storage shed’s rear yard setback from 15 ft. to 3.5 ft. and the proposed patio’s rear yard setback from 15 ft. to 9.4 ft. The project is located on the northeasterly edge of Minthorn Street on a 1.37-acre site at 233 West Minthorn Street and encompasses Assessor Parcel Number (APN) 377-220-024.
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 IDR 2025-04 and VAR 2025-01, 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 IDR 2025-04 and VAR 2025-01 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, 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. Variance No. 2025-01 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the variance 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 variance approval pursuant to subsections (1) and (2) of LEMC, Section 17.415.080.H.1.b. Notwithstanding conditions to the contrary, a variance granted pursuant to LEMC Section 17.415.080 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon PA 2019-31/CDR 2025-04 & VAR 2025-01 PC Hearing: September 16, 2025 Conditions of Approval CC Receive & File: October 14, 2025 Applicant’s Initials: _____ Page 2 of 4 3 9
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4 a change of ownership of the site, which was the subject of the design review application.
5. Minor Industrial Design Review No. 2025-04 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review 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 (1) and (2) of LEMC, Section
17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.080.M shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.
6. If operation of this use raises 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.
7. The project shall comply with all the underlying conditions of approval for PA 2019-31 (IDR- 2019-03, CUP-2019-08, and DA 2019-03 ) approved by the City Council on June 23, 2020.
8. All site improvements shall be constructed as indicated on the submitted plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the LEMC. Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans.
9. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee.
10. 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 consistent with the sign program for the project. Any existing non-compliant and/or unpermitted signs shall either be removed or brought into compliance prior to the issuance of a building permit. Signs shall conform to the standards set forth in Chapter 17.196 of the LEMC. (Revised at the Planning Commission Hearing on September 16, 2025)
11. The Applicant shall comply with all applicable City codes and ordinances.
12. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.
PA 2019-31/CDR 2025-04 & VAR 2025-01 PC Hearing: September 16, 2025 Conditions of Approval CC Receive & File: October 14, 2025 Applicant’s Initials: _____ Page 3 of 4 3 9
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4 BUILDING DIVISION
13. The applicant shall meet all applicable Building Codes in effect at the time, including requirements for the occupancy.
CITY OF LAKE ELSINORE FIRE MARSHAL
14. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 395-1759.
PA 2019-31/CDR 2025-04 & VAR 2025-01 PC Hearing: September 16, 2025 Conditions of Approval CC Receive & File: October 14, 2025 Applicant’s Initials: _____ Page 3 of 4 3 9
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4 PA 2019-31/CDR 2025-04 & VAR 2025-01 PC Hearing: September 16, 2025 Conditions of Approval CC Receive & File: October 14, 2025 Applicant’s Initials: _____ Page 4 of 4 3 9
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4 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 Planning Commission on ______________. I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number: