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HomeMy WebLinkAboutItem No. 13 - Notice of Decision - Planning Application No. 2019-31 Page 1 of 3 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Jason Simpson, City Manager Prepared by: Damaris Abraham, Community Development Director Date: October 14, 2025 Subject: Notice of Decision – Planning Commission Approval of Planning Application No. 2019-31 (Blazed Utopia) for a Minor Industrial Design Review with a Variance to Legalize an Unpermitted Storage Shed, Construct an Attached Patio and Fire Riser Room, and Reduce the Rear Yard Setback for an Existing Cannabis Business Located at 233 West Minthorn Street Applicant: Rahman & Associates Recommendation Receive and file the Notice of Decision for Planning Application No. 2019-31 approved by the Planning Commission on September 16, 2025. Background Planning Application 2019-31 is a request for a Minor Industrial Design Review (IDR No. 2025- 04) to legalize an unpermitted storage shed and construct a new outdoor patio and fire riser room for an existing cannabis business, Blazed Utopia. In addition, the project includes a request for a Variance (VAR No. 2025-01) to reduce the required rear yard setback for the proposed accessory structures. More specifically, the project requests approvals for the following: • Unpermitted Storage Shed: o Minor IDR to legalize the 392 square foot storage shed previously constructed without an approved building permit o Variance to reduce the rear yard setback from 15 feet to 3.5 feet • Outdoor Patio: o Minor IDR to allow construction of a new 373 square foot outdoor patio o Variance to reduce the rear yard setback from 15 feet to 9.4 feet PA 2019-31 (Blazed Utopia) Page 2 of 3 • Fire Riser Room: o Minor IDR to allow construction of a new 21 square foot fire riser room No other building additions or changes in land use(s) are being requested as part of the Minor IDR and Variance. The applicant has indicated that these additions for the accessory structures are necessary to support the ongoing cannabis business, including its cultivation facility. The applicant requested a variance due to the physical hardship based on the unique irregular shaped lot, narrow depth of the lot, and grade difference in the topography that would preclude them from having the same rights as the surrounding properties. Furthermore, the property is fully developed with an industrial building that has been constructed and occupied which creates an additional difficulty for the applicant to strictly comply with the rear yard setback. The subject property is located on a 1.37-acre property that is at the northeasterly edge of West Minthorn Street between the intersections of Spring Street and West Minthorn Street and Collier Avenue and West Minthorn Street in the Limited Manufacturing District (M-1). The project site’s address is 233 West Minthorn Street which includes Assessor Parcel Number (APN) 377-220- 024. The property contains an approximately 17,000 square-foot single-story industrial building that is currently being used as a cannabis business with cultivation, manufacturing, and retail uses. On September 16, 2025, the Planning Commission , by a 3-2 vote, took the following actions: 1. Found that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations); 2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR INDUSTRIAL DESIGN REVIEW NO. 2025- 04 TO LEGALIZE AN EXISTING 392 SQ. FT. ATTACHED STORAGE SHED AND CONSTRUCT A NEW 373 SQ. FT. ATTACHED PATIO AND A 21 SQ. FT. FIRE RISER ROOM LOCATED AT 233 WEST MINTHORN STREET (APN: 377-220-024); and 3. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2025-01 TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD SETBACK FOR THE PROPOSED PATIO FROM 15 FEET TO 9.4 FEET AND FROM 15 FEET TO 3.5 FEET FOR THE PROPOSED STORAGE SHED LOCATED AT 233 WEST MINTHORN STREET (APN: 377-220-024). Discussion The Planning Commission voted 3-2 to approve the project with a modification to Condition of Approval No. 10 at its regular meeting on September 16, 2025. The Commission specifically requested a condition be revised or added to address the noncompliant signs currently installed at the existing cannabis business. Condition of Approval No. 10 has been revised to require any PA 2019-31 (Blazed Utopia) Page 3 of 3 existing non-compliant and/or unpermitted signs to either be removed or brought into compliance prior to the issuance of a building permit. No written or oral public comments were received. The Planning Commission’s decision is final, and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Commission’s decision by ordering the matter set for a future noticed public hearing according to Section 17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s Agenda. Fiscal Impact The time and cost related to processing this application have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Project approval does not fiscally impact the City’s General Fund. Mitigation to protect the City fiscally have already been included in the Conditions of Approval. Attachments Attachment 1 – Planning Commission Staff Report Exhibit A – Revised Conditions of Approval Page 1 of 6 REPORT TO PLANNING COMMISSION To:Honorable Chair and Members of the Planning Commission From:Damaris Abraham, Community Development Director Prepared by:Carlos Serna, Associate Planner Date:September 16, 2025 Subject:Planning Application No. 2019-31 (Blazed Utopia) – Minor Industrial Design Review with Variance to Legalize an Unpermitted Storage Shed, Construct an Attached Patio and Fire Riser Room, and Reduce the Rear Yard Setback for an Existing Cannabis Business Located at 233 West Minthorn Street Applicant: Rahman & Associates, LLC Recommendation 1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations); 2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR INDUSTRIAL DESIGN REVIEW NO. 2025-04 TO LEGALIZE AN EXISTING 392 SQ. FT. ATTACHED STORAGE SHED AND CONSTRUCT A NEW 373 SQ. FT. ATTACHED PATIO AND A 21 SQ. FT. FIRE RISER ROOM LOCATED AT 233 WEST MINTHORN STREET (APN: 377-220-024); and 3. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2025-01 TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD SETBACK FOR THE PROPOSED PATIO FROM 15 FEET TO 9.4 FEET AND FROM 15 FEET TO 3.5 FEET FOR THE PROPOSED STORAGE SHED LOCATED AT 233 WEST MINTHORN STREET (APN: 377-220-024). PA 2019-31 (Blazed Utopia – Variance) Page 2 of 6 2 0 9 5 Project Location The subject property is located on 1.37-acre property that is at the northeasterly edge of West Minthorn Street between the intersections of Spring Street and West Minthorn Street and Collier Avenue and West Minthorn Street in the Limited Manufacturing District (M-1). The project site’s address is 233 West Minthorn Street which includes Assessor Parcel Number (APN) 377-220- 024. The property contains an approximately 17,000 square-foot single-story industrial building that is currently being used as a cannabis business with cultivation, manufacturing, and retail uses. Environmental Setting Table 1: Environmental Setting EXISTING LAND USE GENERAL PLAN ZONING Project Site Light Industrial Business Professional (BP)Limited Manufacturing (M-1) North Vacant/ I-15 Freeway Spyglass Ranch Specific Plan (SP)Spyglass Ranch Specific Plan (SP) South Light Industrial Business Professional (BP)Limited Manufacturing (M-1) East Residential Business Professional (BP)Limited Manufacturing (M-1) West Light Industrial Business Professional (BP)Limited Manufacturing (M-1) Background On June 23, 2020, the City Council approved Planning Application No. 2019-31 by a 4-1 vote to establish an approximately 17,000 square-foot cannabis business known as Blazed Utopia. The project approval included: •Industrial Design Review No. 2019-03 to construct one (1) industrial building; •Conditional Use Permit No. 2019-08 to allow and operate a 17,037 square-foot cannabis business; and •Development Agreement No. 2019-03 to provide a uniform approach to safeguard the City from certain known and unknown impacts and costs on City infrastructure, services, and neighborhoods related to the establishment of cannabis related land uses. Project Description Planning Application 2019-31 is a request for a Minor Industrial Design Review (IDR No. 2025- 04) to legalize an unpermitted storage shed and construct a new outdoor patio and fire riser room. In addition, the project includes a request for a Variance (VAR No. 2025-01) to reduce the required rear yard setback for the proposed accessory structures. PA 2019-31 (Blazed Utopia – Variance) Page 3 of 6 2 0 9 5 More specifically, the project requests approvals for the following: •Unpermitted Storage Shed: o Minor IDR to legalize the 392 square foot storage shed previously constructed without an approved building permit o Variance to reduce the rear yard setback from 15 feet to 3.5 feet •Outdoor Patio: o Minor IDR to allow construction of a new 373 square foot outdoor patio o Variance to reduce the rear yard setback from 15 feet to 9.4 feet •Fire Riser Room: o Minor IDR to allow construction of a new 21 square foot fire riser room No other building additions or changes in land use(s) are being requested as part of the Minor IDR and Variance. The applicant has indicated these additions for the accessory structures are necessary to support the ongoing cannabis business, including its cultivation facility. Analysis The analysis below provides a discussion of the proposed project’s consistency with the General Plan and the Lake Elsinore Municipal Code (LEMC) including the nonresidential development standards and requirements. In addition, the Design Review Committee, including Staff from Planning, Building and Safety, Fire, and Engineering Departments and the Elsinore Valley Municipal Water District, have reviewed the project and have included recommended conditions of approval to ensure compliance with adopted plans, policies, and regulations. General Plan Consistency The subject site has a General Plan Land Use designation of Business Professional (BP). The BP land use designation provides office and administrative uses, light industrial, research and development, office-based firms, including office support facilities, restaurants, medical clinics, public and quasi-public uses, and similar and compatible uses with a maximum 0.45 floor area ratio (FAR). The project proposes three (3) minor accessory structures to support an existing cannabis business. The accessory structures would increase the total square footage of the existing industrial building to 18,050 sq. ft. which would also increase the FAR to 0.30. Although the accessory structures slightly increase the FAR, it would still be below the maximum FAR allowed. Furthermore, the existing cannabis use was found consistent with the General Plan as part of its original entitlement approval by City Council in 2020. Therefore, the project is consistent with the General Plan. Municipal Code The current zoning designation of the subject site is Limited Manufacturing (M-1). Pursuant to LEMC Section 17.156 Cannabis Uses are permitted in the M-1 zone. The existing cannabis use was previously analyzed for consistency and compliance with the M-1 development standards. PA 2019-31 (Blazed Utopia – Variance) Page 4 of 6 2 0 9 5 Staff reviewed the proposed plans for the accessory structures to ensure compliance with the applicable M-1 development standards as contained in Lake Elsinore Municipal Code (LEMC) Section 17.136. As shown in Table 2 below, the accessory structures comply with the applicable development standards with the exception of the rear yard setback for the storage shed and outdoor patio. The project applicant is requesting a variance to allow a reduction in the rear yard setback for these two accessory structures. Refer to the section below for a detailed discussion of the variance and staff’s justification to support it. Table 2: Development Standards Development Standard Required Proposed Floor Area Ratio 0.45 FAR Maximum 0.30 FAR Front Yard Setback 15 ft. Minimum 20 ft. Average •Storage Shed: 124.5 ft. •Fire Riser Room: 16.4 ft. •Patio: 17.5 ft. Rear Yard Setback (Adjacent to Right-of-Way) 15 ft. Minimum 20 ft. Average •Storage Shed: 3.5 ft.* •Fire Riser Room: 68.7 ft. •Patio: 9.4 ft.* Side Yard Setback (Interior Lot Lines) 0 ft.•Storage Shed: 153 ft./224.3 ft. •Fire Riser Room: 6.9 ft./394.8 ft. •Patio: 7.9 ft. Building Height 40 ft. Maximum •Storage Shed: 16 ft. •Fire Riser Room: 8 ft. •Patio: 16 ft. * Variance requested to deviate from the rear yard setback for the storage shed and patio. Architecture The architectural design of the proposed accessory structures complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC, and the exterior architecture, including colors and materials, and has been designed to be harmonious and compatible with the existing industrial structure. Variance Request Pursuant to LEMC Section 17.415.080, the approving authority may grant relief from the applicable provision of the code for an applicant experiencing practical difficulties and/or unnecessary physical hardships under certain circumstances because of certain physical conditions related to the site, such as size, shape, dimensions, topography, or unique setting. The applicant is requesting a variance due to the physical hardship based on the unique irregular shaped lot, narrow depth of the lot, and grade difference in the topography that would preclude them from having the same rights as the surrounding properties. Furthermore, the property is fully developed with an industrial building that has been constructed and occupied which creates an additional difficulty for the applicant to strictly comply with the rear yard setback. PA 2019-31 (Blazed Utopia – Variance) Page 5 of 6 2 0 9 5 The surrounding M-1 zoned properties feature more symmetrically shaped lots that generally have the same width and depth with a flat even grade throughout. As such, these properties are able to comply with the development standards including all required setbacks. The wider depth allows for more room to design a building that could comply with the requirements. In addition, an even grade does not pose physical challenges to develop a lot because a flatter surface also allows for more room to design. In this case, the subject property has an irregular shaped lot that is asymmetrical and significantly narrower on one side along the northwestern corner of the property. While the lot is wider compared to the surrounding M-1 zoned properties, the overall depth of the lot is narrower than the other properties. The property also has a grade difference with the rear of the lot at a higher grade. Due to these physical characteristics that exist on the lot, the applicant’s design for the accessory structures could not comply with the rear yard setback. In addition, the lot has been maximized with a fully developed industrial building and other required onsite improvements which leaves less area of the lot that is physically suitable for constructing the accessory structures. The possible remaining areas on the lot are along the western side and rear of the property, which are the areas the applicant is proposing to place the accessory structures. As such, the applicant is proposing to deviate from the rear yard setbacks for the storage shed from 15 feet to 3.5 feet and for the outdoor patio area from 15 feet to 9.4 feet. All other setbacks for the accessory structures are in compliance with the minimum requirements. Granting the variance would not constitute a special privilege because staff have determined that there are certain unique physical circumstances on the existing property that would preclude the applicant from having the same development rights as the surrounding properties. Environmental Determination The proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). Class 3 consists of construction and location of limited numbers of new, small facilities or structures. While Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20% which does not result in any changes in land use or density. The project proposes the construction of three new accessory structures including a 373 sq. ft. patio, 392 sq. ft. storage shed, and 21 sq. ft. fire riser room. As such, the project is consistent with the Class 3 exemption. The project also proposes to reduce rear yard setback from 15 feet to 3.5 feet for the storage shed and from 15 feet to 9.4 feet for the proposed patio. The reduced rear yard setback would not result in any changes in land use, density or create a new parcel; therefore, the project is also consistent with the Class 5 exemption. MSHCP Consistency The project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project site is completely disturbed and is developed with an PA 2019-31 (Blazed Utopia – Variance) Page 6 of 6 2 0 9 5 existing industrial building. The project site is not located in a Criteria Cell and was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes. The project complies with all other applicable requirements of the MSHCP. Public Notice Notice of the public hearing has been published in the Press-Enterprise newspaper and mailed to property owners within 600 feet of the subject properties. As of the writing of this report, no written comments concerning these applications have been received by staff. Attachments Attachment 1 - Variance Resolution Attachment 2 - Minor Design Review Resolution Attachment 3 - Conditions of Approval Attachment 4 - GIS Exhibits Attachment 5 - Design Review Package Attachment 6 - Public Notice Package RESOLUTION NO. 2025- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2025-01 TO ALLOW A REDUCTION OF THE REQUIRED REAR YARD SETBACK FOR THE PROPOSED PATIO FROM 15 FEET TO 9.4 FEET AND FROM 15 FEET TO 3.5 FEET FOR THE PROPOSED STORAGE SHED LOCATED AT 233 WEST MINTHORN STREET (APN: 377-220-024) Whereas, Rahman & Associates, LLC., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-31, which includes a minor Industrial Design Review (IDR No. 2025-04) to legalize an unpermitted 392 sq. ft. storage shed and construct a 373 sq. ft. patio and a 21 sq. ft. fire riser room. The request also includes a variance (VAR No. 2025-01) 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; Whereas, the project is located on the northeasterly edge of West Minthorn Street on an approximately 1.37-acre site at 233 West Minthorn Street and encompasses Assessor Parcel Number 377-220-024; Whereas, on June 23, 2020, the City Council approved Planning Application No. 2019-31 to establish an approximately 17,037 sq. ft. new cannabis business now known as Blazed Utopia; 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, pursuant to Section 17.415.080 (Variances), the Planning Commission (Commission) has been delegated the responsibility of reviewing and approving, conditionally approving, or denying this variance application; and Whereas, on September 16, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: PC Reso. No. 2025-____ Page 2 of 4 3 9 4 8 1 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 flat, heavily disturbed and devoid of vegetation and the site has been fully developed for commercial uses. The project is proposing to construct three (3) new accessory structures on already fully developed site. 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 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 has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 4: The Commission finds the project is exempt from the California Environmental Quality Act (CEQA), pursuant to California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). Section 5: That in accordance with Section 17.415.080.F of the LEMC, the Commission makes the following findings regarding Variance No. 2025-01: 1. Adequate conditions and safeguards pursuant to LEMC, Section 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing construction and operations. 2. There are special circumstances, pursuant to the purpose of Chapter 17.415.080 of the LEMC, applicable to the subject property which do not apply generally to other properties in the neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. PC Reso. No. 2025-____ Page 3 of 4 3 9 4 8 1 Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property that would preclude the applicant from having the same development rights as the surrounding industrial zoned properties. These physical circumstances include unique irregular shaped lot, narrow depth of the lot, and grade difference in the topography. Furthermore, the property is fully developed with an industrial building that has been constructed and occupied which creates an additional difficulty for the applicant to strictly comply with the rear yard setback. The other surrounding M-1 zoned properties feature more symmetrically shaped lots that generally have the same width and depth with a flat even grade throughout. As such, these properties are able to comply with the development standards including all required setbacks unlike the subject property. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. The proposed variance would reduce the rear yard setback in order to allow the applicant to reasonably develop the remaining areas of the property. These additional accessory structures are necessary to continue supporting the cannabis business including its cultivation facility. However, the accessory structures would still be required to maintain the reduced minimum rear yard setback granted by the variance. The variance would not outright remove the rear yard setback requirement or result in a zero-lot line setback. 4. Granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated. Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property unlike the other properties within the vicinity with the same zone that do not have the same physical hardships and could develop their property consistently with the industrial zone development standards and requirements contained in the LEMC. Because of the physical hardships, it would preclude the applicant from having the same development rights as the surrounding industrial zoned properties. Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Variance No. 2025-01. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16th day of September, 2025. John Gray, Chair PC Reso. No. 2025-____ Page 4 of 4 3 9 4 8 1 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-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held September 16, 2025 and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Damaris Abraham, Community Development Director RESOLUTION NO. 2025- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MINOR INDUSTRIAL DESIGN REVIEW NO. 2025-04 TO LEGALIZE AN EXISTING 392 SQ. FT. ATTACHED STORAGE SHED AND CONSTRUCT A NEW 373 SQ. FT. ATTACHED PATIO AND A 21 SQ. FT. FIRE RISER ROOM LOCATED AT 233 WEST MINTHORN STREET (APN: 377- 220-024) Whereas, Rahman & Associates, LLC., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-31, which includes a minor Industrial Design Review (IDR No. 2025-04) to legalize an unpermitted 392 sq. ft. storage shed and construct a 373 sq. ft. patio and a 21 sq. ft. fire riser room. The request also includes a variance (VAR No. 2025-01) 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; Whereas, the project is located on the northeasterly edge of West Minthorn Street on an approximately 1.37-acre site at 233 West Minthorn Street and encompasses Assessor Parcel Number 377-220-024; Whereas, on June 23, 2020, the City Council approved Planning Application No. 2019-31 to establish an approximately 17,037 sq. ft. new cannabis business now known as Blazed Utopia; 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, pursuant to Section 17.415.060 (Minor Design Review), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated the responsibility of reviewing and approving, conditionally approving, or denying this minor design review application; and Whereas, on September 16, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: PC Reso. No. 2025-____ Page 2 of 4 3 9 4 7 9 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 flat, heavily disturbed and devoid of vegetation and the site has been fully developed for commercial uses. The project is proposing to construct three (3) new accessory structures on already fully developed site. 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 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 has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 4: The Commission finds the project is exempt from the California Environmental Quality Act (CEQA), pursuant to California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). Section 5: That in accordance with Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Minor Industrial Design Review No. 2025-04: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The project has a General Plan Land Use designation of Business Professional (BP) and is located within the Limited Manufacturing (M-1) zoning district. The BP land use designation and M-1 zoning district provides for office and administrative uses, light industrial, research and development, office-based firms, including office support facilities, restaurants, medical clinics, public and quasi-public uses, and similar and compatible uses with a maximum 0.45 floor area ratio (FAR). The project proposes three (3) minor accessory structures to support an existing cannabis business. The accessory structures would increase the total square footage of the existing industrial building to 18,050 sq. ft. which would also increase the FAR to 0.30. Although the accessory structures slightly increase the FAR, it would still be below the maximum FAR allowed. Furthermore, the existing cannabis use was found consistent with the General Plan and the M-1 zoning district as part of its original entitlement approval by City Council in 2020. Therefore, the project is consistent with the goals and objectives of the General Plan and the zoning district in which the project is located. PC Reso. No. 2025-____ Page 3 of 4 3 9 4 7 9 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. The project is appropriate to the site and surrounding developments. The architectural design of the proposed accessory structures conform to the Nonresidential Development Standards (Chapter 17.112) of the LEMC. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. The architecture has been designed to achieve harmony and compatibility with the surrounding area and the existing industrial building. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050. Pursuant to Section 17.415.050.E of the LEMC, the project was considered by the Planning Commission at a duly noticed Public Hearing held on September 16, 2025. The project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing operations. Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Industrial Design Review No. 2025-04. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16th day of September 2025. John Gray, Chair Attest: _____________________________ Damaris Abraham, Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) PC Reso. No. 2025-____ Page 4 of 4 3 9 4 7 9 I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held September 16, 2025 and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Damaris Abraham, Community Development Director 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 Conditions of Approval PC Hearing: September 16, 2025 Applicant’s Initials: _____ Page 2 of 4 3 9 4 8 2 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. 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. BUILDING DIVISION PA 2019-31/CDR 2025-04 & VAR 2025-01 Conditions of Approval PC Hearing: September 16, 2025 Applicant’s Initials: _____ Page 3 of 4 3 9 4 8 2 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 Conditions of Approval PC Hearing: September 16, 2025 Applicant’s Initials: _____ Page 4 of 4 3 9 4 8 2 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: 0 15075 US Feet ± Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2019-31 CDR-2025-04 & VAR-2025-01 Vicinity Map MAIN STI- 1 5 S BO F F I- 1 5 C A M I N O D E L N O R T E RILEY STCOLLIER AVELANGSTAFF STMI N T H O R N S T I-1 5 S B O N FLINT S T SPRING STI-1 5 N B O N I- 1 5 0 12562.5 US Feet ± Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2019-31 CDR-2025-04 & VAR-2025-01 Aerial Map Earthstar Geographics C A M I N O D E L N O R T E MAIN STRILEY STI- 1 5 S BO F F I-1 5 S B O N FLINT S TLANGSTAFF STMI N T H O R N S T SPRING STCOLLIER AVE I-1 5 N B O N I- 1 5 I- 1 5 Maxar 0 12562.5 US Feet ± Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2019-31 CDR-2025-04 & VAR-2025-01 General Plan Exhibit BP - Business Professional GC - General Commercial LI - Limited Industrial SP - Specific Plan SP - Specific Plan P/I - Public/Institutional P/I - Public/Institutional LI - Limited Industrial F - Floodway BP - Business Professional I- 1 5 RILEY STC A M I N O D E L N O R T E MAIN STI- 1 5 S BO F F FLINT ST I-1 5 S B O NLANGSTAFF STMI N T H O R N S T SPRING STCOLLIER AVE I-1 5 N B O N I- 1 5 0 200100 US Feet ± Coordinate System: NAD 1983 StatePlane California VI FIPS 0406 Feet Planning Application No. 2019-31 CDR-2025-04 & VAR-2025-01 Zoning Exhibit M1 - Limited Manufacturing M1 - Limited Industrial PI - Public/Institutional C2 - General Commercial R3 - High Density Residential R3 - High Density Residential R3 - High Density Residential SP - Specific Plan MHD - Medium High Density Residential F - Floodway F - Floodway M1 - Limited Manufacturing I- 1 5COLLIER AVE I- 1 5 S BO F F MAIN STC A M I N O D E L N O R T E MI N T H O R N S TPOE STI- 1 5 N B O F F I- 1 5 ELLISSTFLINT S TLANGSTAFF STI-1 5 S B O N SPRING STRILEY STI- 1 5 N B O N 4# $&'8'.12/'062.#04# $&'8'12/'065+0%SECTION UNIT 1 2118 SQ. FTSECTION UNIT 2,3,4 4342 SQ. FTSECTION UNIT 5,6,7,8 8553 SQ FTSECTION UNIT 9 2024 SQ. FTTOTAL BUILDING AREA 17,037 SQ. FTPORT COVEREDDELIVERY AREA 1,013 SQ. FTTOTAL AREA INCLUDING COVERED PORT =18,050 SQ. FT%+8+.'0)+0''4#2'%1'0)+0''4+0),#.#.4#*/#00146*5#06#('8+56#%#ÄÄ,+/"#2'%1'0)+0''4+0)%1/233 WEST MINTHORN STREET Lake Elsinore, CA 92530#20ÄÄ2412'46;190'450#/'4# $&'8'.12/'065+0%2*10'ÄÄ ,+/ 241,'%62#Ä%72Ä+&4Ä&#Ä241,'%60#/'4CJOCP..%241,'%6.1%#6+10.#-''.5+014'#20ÄÄ ÄÄ $+..51+.5'0)+0''4'#46*564#6#56'2*'0/211.'2')'4'/+0)610#8'6'/#%7.#%#ÄÄLEGAL DESCRIPTIONThe land referred to herein is situated in the State of California, County of Riverside,City of Lake Elsinore and described as follows:Lot 1 through 10, inclusive in Block 2, Wall and Starbirds Resubdivision, as shown by Mapon File in Book 10, Page 492 of Maps, Records of San Diego County, California.Together with that portion of Spring Street vacated by Resolution No. 87-67, recorded onNovember 30, 1987 As Instrument No. 338201 of Official Records.Excepting therefrom that portion of said land conveyed to the State of California forhighway purposes, byDeeds recorded January 10th, 1957, in Book 2022, Page 180 Official Records ofRiverside County, California, and January 17, 1980, as Instrument No. 1111030 f OfficialRecords of Riverside County, California.Also excepting therefrom any portion of said land lying within County Highway.APN: 377-220-024 SURVEYING AND MAPPINGDELTASOURCE BENCHMARK: USGS BENCHMARKDX3779 DESCRIBED BY CALIFORNIA DIV OFHIGHWAYS 1973 (RH) STATION IS ON THENORTHWEST EL ON THE HILL 700 FT +- NORTHOF THE INTERSECTION OF POTTERY STREETAND SCRIVNER STREET ELEVATION =1463.3FEET(NAVD88) EL=1463.3 FT.BENCH MARK:NORT H S P RI N G S T R E E T INTERSTATE 1511.00'9.10'CL33.00' 11.00' 1ƒ    (      9.10'INTERSTATE 15CL33.00'W. MINTHORN ST.COLLIER AVE.N. RILEY ST.CLCL1ƒ : 34.45'1ƒ ( 170.00' 17.00' 17.01' 1ƒ    (      38.03'6ƒ ( 1ƒ : 9.10'6ƒ ( ALLEY(VACATED)1ƒ ( L O T 2 6ƒ ( 1ƒ : ALLEY(VACATED) Scale: 1/4"=1'ATTACHED WATER TANK SHEDA Scale: 1/4"=1'ATTACHED EMPLOYEE CANOPYA Scale: 1/4"=1'DETACHED EMPLOYEE CANOPYAScale: 1/4"=1'COLOR BOARDAScale: 1/4"=1'DETACHED WATER TANK SHEDAScale: 1/4"=1'DETACHED FIRE RISER ROOM A Scale: 1/4"=1'DETACHED WATER TANK SHEDA Scale: 1/4"=1'DETACHED EMPLOYEE CANOPYA Scale: 1/4"=1'DETACHED EMPLOYEE CANOPYAScale: 1/4"=1'COLOR BOARDAScale: 1/4"=1'DETACHED WATER TANK SHEDAScale: 1/4"=1'DETACHED FIRE RISER ROOM A NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on September 16, 2025, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following: Planning Application No. 2019-31 (Blazed Utopia Variance): The proposed project is a request by Rahman & Associates, LLC, requesting approval of a minor Commercial Design Review (CDR No. 2025-04) to permit an unpermitted 392 sq. ft. storage shed, and construct a new 373 sq. ft. attached patio and a 21 sq. ft. fire-riser room for an existing 17,037 sq. ft. industrial building. The storage shed is to support the existing cannabis business’ (Blazed Utopia) cultivation use, and the outdoor patio is for an employee break area. The project also requests approval of a Variance (VAR No. 2025-01) to reduce the required rear-yard setback for the proposed patio from 15 ft. to 9.4 ft. and from 15 ft. to 3.5 ft. for the storage shed due to site constraints. The project site is located at 233 West Minthorn Street at the northeasterly edge of Minthorn Street. (APN: 377-220- 024) The proposed project is exempt from California Environmental Quality Act (CEQA), pursuant to California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). ALL INTERESTED PERSONS are invited to submit written information, express opinions, or otherwise submit written evidence by email to jmatie@Lake-Elsinore.org. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 848-0493. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org, the Friday before the Public Hearing. FURTHER INFORMATION on this item may be obtained by contacting Carlos Serna, Associate Planner in the Planning Division at cserna@lake-elsinore.org or (951) 824-7415. Damaris Abraham, Community Development Director PC NOPH PA 2019-31 (Blazed Utopia - Variance) - Page 1 of 1 3512 14 Street Riverside, California 92501 (951) 368-9229 cgonzales@scng.com City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Account Number:5209153 Ad Order Number:0011754120 Customer's Reference/PO Number: Publication:The Press-Enterprise Publication Dates:09/06/2025 Total Amount:$400.48 Payment Amount:$0.00 Amount Due:$400.48 Notice ID:6l3MDBsiOZ5qKo4AQZM2 Invoice Text:[https://res.cloudinary.com/dgqq2xsfd/image/upload/enotice- production/exports/1756849230602/image001.jpg] NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on September 16, 2025, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following: Planning Application No. 2019-31 (Blazed Utopia Variance): The proposed project is a request by Rahman & Associates, LLC, requesting approval of a minor Commercial Design Review (CDR No. 2025-04) to permit an unpermitted 392 sq. ft. storage shed, and construct a new 373 sq. ft. attached patio and a 21 sq. ft. fire-riser room for an existing 17,037 sq. ft. industrial building. The storage shed is to support the existing cannabis business’ (Blazed Utopia) cultivation use, and the outdoor patio is for an employee break area. The project also requests approval of a Variance (VAR No. 2025-01) to reduce the required rear-yard setback for the proposed patio from 15 ft. to 9.4 ft. and from 15 ft. to 3.5 ft. for the storage shed due to site constraints. The project site is located at 233 West Minthorn Street at the northeasterly edge of Minthorn Street. (APN: 377-220-024) The proposed project is exempt from California Environmental Quality Act (CEQA), pursuant to California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures) and Section 15305 (Class 5: Minor Alteration in Land Use Limitations). ALL INTERESTED PERSONS are invited to PC NOPH PA 2019-31 (Blazed Utopia - Variance) - Page 1 of 1 The Press-Enterprise 3512 14 Street Riverside, California 92501 (951) 368-9229 City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Publication: The Press-Enterprise PROOF OF PUBLICATION OF Ad Desc: 0011754120 FILE NO. 0011754120 PROOF OF PUBLICATION I am a citizen of the United States. I am over the age of eighteen years and not party to or interested in the above- entitled matter. I am an authorized representative of THE PRESS- ENTERPRISE, a newspaper of general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 09/06/2025 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Date: September 6, 2025. At: Riverside, California ______________________________ Signature NOTIFICATION PACKAGE 233 W Minthorn Ave Lake Elsinore Ca 92530 APNs 377-220-024 INCLUDES: 600' OWNER LIST *expanded to incl. 30 unique min owners 600' RADIUS MAP EXCEL FILE NOTARIZED CERTIFICATION COUNT: 31 (duplicates consolidated) PREPARED 08/25/2025 FILE #4883 4000 Barranca Pkwy #250, Irvine CA 92604 Local (949) 771-0051 orders@expressmapping.com www.expressmapping.com Toll Free (888) 990-MAPS Affidavit of Notification List Application No. _________________________________________________________________ Applicant Name _________________________________________________________________ Project Name/Location _________________________________________________________________ I certify that on _____________ day of _________________, 20___ , we prepared a notification list and a radius map, including properties entirely and partially within __________ feet of the most exterior boundaries of the property being considered in the above referenced project known as (Property Address) _______________________________________________________. The property owner names and addresses listed on the notification list, provided in an excel spreadsheet on a CD or external hard drive, were taken from the latest records of the Riverside County Assessor. Such names are recorded in the records of the Riverside County Assessor as being the present owner or owners of both the subject property and the property/properties within the required mailing radius of the subject property. ________________________________________ __________________________ Applicant/Representative Signature Date This instrument was acknowledged before me on this __________ day of ____________ , 20 ____ , by In witness whereof I hereunto set my hand and official seal. ________________________________________ Notary Public My Commission expires on: _________________ Pursuant to Government Code Sections 65090-65096 notification lists shall be from the most recent Accessor Tax rolls. In order for the application to be deemed complete please return the completed, notarized affidavit to the assigned case planner at your earliest convenience. 233 W Minthorn Ave Lake Elsinore Ca 92530 25th August 25 600 233 W Minthorn Ave Lake Elsinore Ca 92530 *Expanded to 600ft include 30 unique owners 08/25/2025 25th August 25 July 18 2026 377-220-003,19,21 Francis Vista Inv 1820 E Garry Ave #210 Santa Ana CA 92705 377-220-008 State Of California P O Box 231 San Bernardino CA 92403 377-220-013 Bailey Annette & Gary Trust Po Box 431 Sun City CA 92586 377-220-030,35,36 Gd Barnes Real Prop Co 7051 Avenida De Santiago Anaheim CA 92807 377-220-037 Ra & B Dev 328 N State St Hemet CA 92543 377-231-028,29,31;232-05 City Of Lake Elsinore 130 S Main St Lake Elsinore CA 92530 377-231-032,232-08,10 Riverside County Flood Cont 1995 Market St Riverside CA 92501 377-231-040 Zaher Azzawi 9176 Whirlaway Ct Rancho Cucamonga CA 91737 377-232-006,7,9 Af Properties Llc Po Box 1854 Santa Ana CA 92702 377-241-001,18 Elisa F Reyes 522 N Riley St Lake Elsinore CA 92530 377-241-003 County Of Riverside P O Box 1180 Riverside CA 92502 377-241-004,19 M&d Prop 1095 Montecito Dr Corona CA 92879 377-241-005-9,12,16 Minthorn Prop 202 Minthorn St Lake Elsinore CA 92530 377-241-021 Iron Works Advance 945 W Markham St Perris CA 92571 377-242-003 James F Kelly 520 Spring St Lake Elsinore CA 92530 377-242-004,5 Kenneth M Chaffin 15073 Heather Ln Lake Elsinore CA 92530 377-242-006,7 Matt Allan Trout 17843 Glen Hollow Way Riverside CA 92504 377-242-013 Vice Trust Agreement Dtd 02/07/12 109 Flint St Lake Elsinore CA 92530 377-242-018,30 Trientje Vandervalk 509 N Main St Lake Elsinore CA 92530 377-242-020 Gregory Scott Hann 511 Main St Lake Elsinore CA 92530 377-242-021 Realty Income Trust 6 P O Box 711 Dallas TX 75221 377-242-022 Neejee 16245 Stonehill Ct Lake Elsinore CA 92530 377-242-023 Spring St Owner North 449 S Beverly Dr Beverly Hills CA 90212 377-242-028,29 Lumos 401k Trust Dtd 2618 San Miguel #503 Newport Beach CA 92660 377-243-001 Boussicaos Anastasios A Utd 6/3/2015 31515 Sunnungdale Dr Temecula CA 92592 377-243-024 Yulupa Investments 4130 Cover St Long Beach CA 90808 377-250-005 Weldon Andrew Page 2301 E Santa Fe #5 Fullerton CA 92831 377-250-006 Jack A Agler 2106 San Anseline Long Beach CA 90815 377-250-012 Angelina Contreras Solis 131 W Minthorn St Lake Elsinore CA 92530 377-250-013 M Gillen 401 B St #900 San Diego CA 92101 377-350-028 Glass Ranch Asli V Spy 923 N Pennsylvania Ave Winter Park FL 32789 APN Name Address 377-220-003,19,21 Francis Vista Inv 1820 E Garry Ave #210 377-220-008 State Of California P O Box 231 377-220-013 Bailey Annette & Gary Trust Po Box 431 377-220-030,35,36 Gd Barnes Real Prop Co 7051 Avenida De Santiago 377-220-037 Ra & B Dev 328 N State St 377-231-028,29,31;232-05 City Of Lake Elsinore 130 S Main St 377-231-032,232-08,10 Riverside County Flood Cont 1995 Market St 377-231-040 Zaher Azzawi 9176 Whirlaway Ct 377-232-006,7,9 Af Properties Llc Po Box 1854 377-241-001,18 Elisa F Reyes 522 N Riley St 377-241-003 County Of Riverside P O Box 1180 377-241-004,19 M&d Prop 1095 Montecito Dr 377-241-005-9,12,16 Minthorn Prop 202 Minthorn St 377-241-021 Iron Works Advance 945 W Markham St 377-242-003 James F Kelly 520 Spring St 377-242-004,5 Kenneth M Chaffin 15073 Heather Ln 377-242-006,7 Matt Allan Trout 17843 Glen Hollow Way 377-242-013 Vice Trust Agreement Dtd 02/07/12 109 Flint St 377-242-018,30 Trientje Vandervalk 509 N Main St 377-242-020 Gregory Scott Hann 511 Main St 377-242-021 Realty Income Trust 6 P O Box 711 377-242-022 Neejee 16245 Stonehill Ct 377-242-023 Spring St Owner North 449 S Beverly Dr 377-242-028,29 Lumos 401k Trust Dtd 2618 San Miguel #503 377-243-001 Boussicaos Anastasios A Utd 6/3/2015 31515 Sunnungdale Dr 377-243-024 Yulupa Investments 4130 Cover St 377-250-005 Weldon Andrew Page 2301 E Santa Fe #5 377-250-006 Jack A Agler 2106 San Anseline 377-250-012 Angelina Contreras Solis 131 W Minthorn St 377-250-013 M Gillen 401 B St #900 377-350-028 Glass Ranch Asli V Spy 923 N Pennsylvania Ave City State Zip Santa Ana CA 92705 San Bernardino CA 92403 Sun City CA 92586 Anaheim CA 92807 Hemet CA 92543 Lake Elsinore CA 92530 Riverside CA 92501 Rancho Cucamonga CA 91737 Santa Ana CA 92702 Lake Elsinore CA 92530 Riverside CA 92502 Corona CA 92879 Lake Elsinore CA 92530 Perris CA 92571 Lake Elsinore CA 92530 Lake Elsinore CA 92530 Riverside CA 92504 Lake Elsinore CA 92530 Lake Elsinore CA 92530 Lake Elsinore CA 92530 Dallas TX 75221 Lake Elsinore CA 92530 Beverly Hills CA 90212 Newport Beach CA 92660 Temecula CA 92592 Long Beach CA 90808 Fullerton CA 92831 Long Beach CA 90815 Lake Elsinore CA 92530 San Diego CA 92101 Winter Park FL 32789 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 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 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 4 of 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: