CITY OF CATHEDRAL CITY
CITY
CONDITIONS OF APPROVAL
SPECIAL USE PERMIT NO. 22-
CLTV8, LLC (Hall of Flowers)
EVENT LOCATION:
35-900 Date Palm Drive, Cathedral CA 92234
EVENT TIMES:
May 3, 2022 thru May 5, 2022
April 18, 2022: Indoor and Outdoor Set Up Begins
May 18, 2022: Finish Break Down
DATE APPROVED: January 26, 2022
1.As a condition of granting this SUP shall comply with all applicable terms, conditions and/or mitigation measures contained within:
A. HOF 2022 Traffic Management Plan submitted with this SUP; B. HOF 2022 Site Plan submitted with this SUP;
C. HOF 2022 Emergency Response Plan submitted with this SUP; D. HOF 2022 Traffic Control Plan which will be submitted to the City Engineer no less than twenty (20) business days before the Event.
E. HOF 2022 35900 Date Palm Site Map SUP Submission V 5 F. HOF 2021 Odor Mitigation Plan dated July 28, 2021
G. 35-900 Date Palm Drive property usage agreement;
H. All California State Bureau of Cannabis Control regulations including but not limited to special event operation and dispensary operation; I. All other third-party agreements (e.g. security, traffic control, food vendors, parking staff, audio/visual providers etc.) identified in the Traffic Management Plan and Emergency Response Plan; and
J. Cathedral City Municipal Codes and Ordinances.
2.No less than thirty days before the Event, the Applicant will pay the Cathedral City Police Department for all costs CCPD will incur staffing the Event.
Conditions of Approval – Hall of Flowers December 2022 SUP Cathedral City City Council
January 26, 2022
3.Prior to the Event, the Applicant shall obtain inspections from the City of Cathedral City Fire Department:
A. Pre-show walkthrough: April 26, 2022, at 10:00 am
B. Final walkthrough: May 2, 2022, at 9:00 am
4.The Applicant will staff the Event with the following City personnel:
i. CCFD: Two paramedics and one ambulance during hours of operation. ii. CCPF: Six officers and one supervisor both days of the event from 9:00 am to 8:00 pm
5.With the permission of U.S. Bank, all bank guests and employees will access the bank parking lot from Date Palm Drive and exit onto Gerald Ford. Absent bank permission, the driveway on the north side of Gerald Ford Drive east of Date Palm Drive shall provide ingress and egress for bank customers, employees, and vendors. Any modification to the driveway/circulation plan will require the approval of the Director of Engineering/Public Works.
6.With the permission of U.S. Bank, Event security will issue all bank guests and employees a parking pass to ensure all individuals parking within the bank parking lot are parking for bank-related business. No event parking will be allowed within the bank parking lot. Any Event-related cars in the bank parking lot will be towed.
7.The Applicant will provide U.S. Bank ten (10) additional parking spots immediately east of the bank building and south parking area.
8.The Applicant is responsible for applying soil sealer to all portions of the 13.5 acres utilized and/or disturbed by the Event by May 18, 2022, weather permitting.
This condition will not be deemed satisfied until said work is accepted by the City Engineer.
9.The Applicant shall not block or otherwise obstruct nor restrict pedestrian traffic along Date Palm Drive and Gerald Ford Drive sidewalks.
10.The Applicant is responsible for all trash disposal in accordance with CCMC and State standards.
11.All generators, if needed, shall be operated in accordance with all State, County and local laws. The Applicant shall pay all applicable City of Cathedral City fees, charges and other costs as prescribed by City Ordinance. Be advised that the fees may change at the time they become due and payable, as permitted by applicable law.
12.The premises must be equipped with an odor absorbing system along the perimeter wall of the Outdoor Area (west of the building) so that cannabis odor generated inside the Event that is distinctive to the Event is not detected outside the Event. Odor mitigation systems will be in place to ensure no fugitive odor Conditions of Approval – Hall of Flowers December 2022 SUP Cathedral City City Council
January 26, 2022
escapes the east side of the building especially in and around the roll-up door loading area.
13.The Applicant or its legal representative shall execute an agreement indemnifying and holding the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the Cannabis Business. This Agreement must be executed as a prerequisite and prior to the issuance of the Special Use Permit.
14.The Applicant or its legal representative shall name the City as an additionally insured and certificate holder on all City-required insurance policies. Evidence of such insurance must be satisfied as a prerequisite to and prior to the issuance of the Special Use Permit.
15.The Applicant or its legal representative shall agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of the Special Use Permit or the operation of the Event.
16.The Applicant or its legal representative shall agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City’s approval of a Special Use Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
17.The Applicant and Event shall comply with and meet all operating criteria required pursuant to State Laws, Chapter 5.88 of the CCMC, any other provisions of the CCMC, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the Conditional Use Permit.
18.The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all actual costs incurred by the City for Engineering, Planning and/or Building Department reviews and/or modify any documents or instruments required by these conditions and/or subsequent modification requests. This obligation shall be paid in the time noted above without deduction or offset and Applicant’s failure to make such payment shall be material breach of the Special Use Permit.
19.The Applicant agrees to defend, indemnify, and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Special Use Permit (SUP) and corresponding Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense.
Conditions of Approval – Hall of Flowers December 2022 SUP Cathedral City City Council
January 26, 2022
20.If the Applicant uses the lot between the 35900 Date Palm Drive building and Gerald Ford Drive as the ride share drop off and pickup location, the Applicant is responsible for mitigating any fugitive dust either by using gravel or Megadeck rubber mats (or similar product) so vehicles are not driving on exposed dirt.
21.The Applicant will not use the Mission Plaza as a ride share drop off and pick up location. Signs shall be placed and maintained to discourage use of the Mission Plaza lot. Applicant shall work with Mission Plaza owner to ensure Mission Plaza guests’ access and parking are not impacted by the Event.
22.The Applicant will use the 13.5-acre parking lot as the ride share drop off and pick up location. The Applicant is responsible for providing sufficient signage and directional flagging to ensure attendees use the shuttle service to access the HOF event and avoid jaywalking.
23.As agreed to by the Director of Engineering and Public Works and as outlined in the traffic management plan, the Applicant may operate a ride share drop off and pick up, and/or loading zone along the second lane of Gerald Ford between the first and second driveways (east of Date Palm Drive). At no time may the ride share or loading activities interfere (i) the number one lane of Gerald Ford and (ii) with U.S. Bank’s and the Jardin De Leones community’s ingress and egress.
24.Pursuant to the direction of the Cathedral City Fire Department, the Applicant is responsible for ensuring onsite security monitors overcrowding inside the building.
This monitoring will occur throughout the duration of the event.
25.Applicant will adhere to the occupancy load & exiting requirements established by the occupancy load analysis conducted by a California Licensed architect and consistent with the December 2021 approved floor plan. Any changes will require review and approval by the Director of Planning and Building.
26.The Applicant must provide an exit plan to the Cathedral City Fire Department in advance of the event. This plan must be reviewed and approved by the Cathedral City Fire Department prior to the event.
27.If the building owner does not receive a Conditional Use Permit prior to the event, applicant will be required to obtain a Temporary Certificate of Occupancy (TCO) 30 days prior to the event date.
28.The Applicant shall locate on the north side of the building an ADA-accessible bathroom.
29.The Applicant shall make all reasonable efforts to engage, and when possible, employ, Cathedral City-based businesses during the Event. No less than two no- cost admission tickets will be provided to each Cathedral City-based cannabis retailer.
Conditions of Approval – Hall of Flowers December 2022 SUP Cathedral City City Council
January 26, 2022
30.A security officer will be stationed at the entrance to JDL. This security guard will ensure no event-related parking occurs on JDL property and that ingress and egress to and from JDL is not impacted by the Event. This security guard will also periodically walk the Event driveway between the length of the Event and JDL with a noise meter to ensure noise levels are below allowable CCMC limits and that there is no cannabis smell emanating from the Event.