Agenda packet, regular meeting — Cathedral City City Council, February 9, 2022 (part 2 of 4)

January 10, 2022
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▪ HR Green…A hands-on full-service consulting engineering firm ready to meet your program/project management and plan check needs and support your growth with a local office in Palm Desert, along with corporate headquarters in Corona, to provide rapid response to the City. ▪ Cradle-to-grave project processing of development projects…we have taken many of southern California’s high-profile capital land development projects from entitlement through reviews and approvals to inspection and ultimately City acceptance. ▪ Whatever engineering support the City needs, HR Green offers scalable solutions through flexible staffing.

We exclusively serve public agencies. With three decades of experience, HR Green, is known for our innovative and reliable approach to service and delivery and commitment to close communication.

Additionally, HR Green’s staff is proficient with the best in electronic solutions like Bluebeam mark-ups, TRAKiT, Accela, and CityView 3600. Our team meets every need to help you and your customers.

INDIVIDUAL AUTHORIZED TO NEGOTIATE CONTRACT TERMS & COMPENSATION:

George Wentz, PE I 44-651 Village Court | Suite 125 I Palm Desert, CA 92260 I Office 855.900.4742 I [email protected]
We bring a successful track record; long-established working relationship reviewing plans of the region’s leading developers and their engineers; and ancillary proficiency to exceed your expectations. Should you have any questions, please contact Tim Jonasson at 760.250.6722 or [email protected].

Sincerely,
HR GREEN PACIFIC, INC.

Timothy R. Jonasson, PE George A. Wentz, PE
Project Manager Vice President

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Experience and Technical Competence

We Live Our Values

Founded in 1913, HR Green, Inc. ranks among ENR’s Top 500 Design Firms and Top 100 Construction Management Firms in the United States. The firm is a corporation with 600+ employees and 18 offices throughout the United States. Our California operations (HR Green Pacific, Inc.) are headquartered in Corona and exclusively serve public agencies. Since 2004 HR Green has maintained a presence in California. Our key staff has provided capital project/program management and/or plan check services to La Quinta, Rancho Mirage, Palm Desert, Beaumont, Moreno Valley, and numerous cities throughout Riverside County.

We have 60+ staff assigned in Southern California, many of whom have a broad range of comprehensive plan check
(including proficiency using electronic plan check/paperless processing software, such as Accela, TRAKiT and Bluebeam Revu) and myriad engineering services. We have served
agencies throughout California delivering the same services outlined in your RFP. HR Green Pacific, Inc. has no pending litigation that would affect our ability to provide proposed value-add solutions or ongoing engineering plan check services.

Building Communities. Improving Lives.

Unparalleled Knowledge + Stewardship + Stakeholder Consensus We provide accurate/timely reviews, utilize paperless /scalable solutions, maintain program/project momentum, comply with all requirements, and deliver quality service

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Our Strong Financial Condition
Since being founded in 1913 HR Green has long maintained a strong and vibrant financial condition. Our 2020 revenue exceeded $100 million. Our firm has a strong balance sheet, is well capitalized, and is very well positioned to fulfill all its obligations. Due to our aggressive financia l discipline, our balance sheet remains strong and healthy, and we have no conditions that would impede our ability to complete this contract. Even during the COVID-19 situation we have not leveraged any line of credit while maintaining staffing levels.

Comprehensive HR Green Services

HR Green is a noted industry leader in the provision of project and program management. Our staff members have served as directors of municipal departments for cities around the country or as an extension of public agency staff. These roles include, but are not limited to City Manager, Public Works Director, City Engineer, CIP Program Manager, NDPES Compliance Manager, Chief Building Official, Traffic Engineer, Construction Manager, and Owner’s Representative. For governmental agencies we have been at the forefront of embedding engineering and construction management staff with public agencies as an extension of agency staff.

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Staffing Resources
Firm Staffing and Key Personnel
The City’s goals are to maintain business strength, an inviting economic business climate, stewardship of natural resources while providing a broad range of shopping, housing, and entertainment opportunities in an exclusive Desert community.

Our key staff, Tim Jonasson, PE (Program Manager), Mike Myers, PE (Project Manager/Back-up Program Manager) and Tina York, PE (Plan Check Manager) have extensive related development review/processing experience throughout the Coachella Valley and Riverside County.

Currently, HR Green serves 100+ agencies in the provision of on-call/as-needed capital program/project management, plan/map check and survey support services.

Moreover, we have the staff depth (100+), breadth of technical competency, and local knowledge to efficiently meet and exceed your performance expectations.

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Tim Jonasson, PE – Program Manager, Capital Improvement Program
Education I Registration
Masters, Business Administration I Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #45843
A long-time Coachella Valley resident, Tim has 30+ years of development management, plan review oversight, design, CIP program management, design management, NPDES/water quality compliance, and construction management experience of municipal public improvement projects, including roads, drainage, water, sewer, traffic, grading, parks, recreational facilities, parking lots and parking structures.

He has served as construction manager and design engineer on a variety of municipal improvement projects including bridge construction, street and landscape improvements, wa ter and wastewater improvements, parks construction and rehabilitation, golf course improvements and pier reconstruction.

Design and Development, City of La Quinta. Public Works Director/City Engineer for 15 years.

Oversaw a Capital Improvement Program (CIP) budget of $14.7 million and a department operating budget of $5.3 million. He provided expertise and guidance to the executive team and City Council with additional responsibility for flood plain administration, storm water protection compliance, appr oval of plans for capital projects and private development and administration of Lighting and Landscape District.

He served as a working director leading a department of 27 full-time employees (Public Works, Planning & Building) while providing oversight of all private development entitlement and permitting, contracts for capital project management, construction inspection, traffic engineering, fleet maintenance, and street and landscape maintenance. This included implementing TRAKiT for plan/map review services. He also worked closely with the Coachella Valley Water District and Imperial Irrigation District which supply water/sewer and power to the City, respectively. Some of his key initiatives included :
▪ Provided project management for the SilverRock Resort, the City’s largest redevelopment project, a $100 million investment including an Arnold Palmer-designed golf course, opened in 2005, and continuing with private luxury hotels, residential and commercial retail components. ▪ Reviewed and approved new commercial development and redevelopment of virtually all commercial centers along Highway 111 including Costco, Super Walmart, In-N-Out, Pavilions, La Quinta Auto Center and Century La Quinta.

City Engineer, City of Palos Verdes Estates. Since 2020 serving part-time as City Engineer leading the engineering division in capital projects delivery including in-house and consultant designed projects.

Oversee construction management and inspection of all capital projects and waste hauler and rec ycling programs. Coordinate design of flood protection and sewer system improvements a s well as serve as the City’s traffic engineer as technical support for the city council and Traffic Safety Committee.

Public Works Director, City of Palm Desert. In 2018 served as Interim Public Works Director managing the day-to-day departmental operations. This included the planning, design, and construction of CIP and land development projects. He assisted in facilitating the implementation of TRAKiT and the design and construction of CIP projects. Currently, he manages on-call consulting services to the City.

Development Services & Economic Development, City of Jurupa Valley. From 2017 to 2020 served as Senior Manager working closely with the Public Works, Engineering, Planning and Building and Safety Departments to facilitate the delivery of public and private projects as well as multi -agency coordination.

Tim also led the City’s effort to update its development review processes to be more efficient, transparent and developer friendly to foster economic development in the city. He spearheaded the implementation of Accela, the City’s first dedicated permit software.

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Mike Myers, PE – Project Manager, Capital Projects I Back-up Program Manager
Education I Registration
Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #30702 Mike has more than 35 years of public sector engineering experience. He possesses extensive project design and construction management knowledge coupled with strong interpersonal communication skills. Moreover, Mike has provided plan/map check for nearly 15 agencies. Mike serves as City Surveyor for the Cities of Pomona, Hemet, and Jurupa Valley. He has served as a Senior Project/Program Manager handling a broad range of municipal consulting services (federal grant funding, design, CIP management, plan review, assessment engineering, pavement management, and construction management) for 20+ Southern California cities. This experience includes attending Planning Commission meetings and serving as the primary City representative to facilitate the processing, approval, and construction of land development projects. He has also designed various infrastructure projects. He has served as Deputy City Engineer for the City of Jurupa Valley and handled a broad range of municipal consulting services (federal grant funding, design, CIP management, plan review, assessment engineering, counter services, and construction management) for 20+ cities.

Tina York, PE – Plan Check Manager
Education I Registration
Bachelor of Science, Civil Engineering I Registered Civil Engineer, CA #46367 Tina has 35+ years of experience focusing on civil plan review, project management, civil engineering, site grading and drainage design, and review of hydrology and hydraulics studies. She has also performed construction inspection for municipalities. Ha ving overseen plan review services for 40+ agencies, she is recognized as an electronic plan review thought leader by public agencies and the nation’s largest developers. Tina regularly customizes plan review reports and tracking logs, checklists, and budgetary worksheets for tracking inspection costs. Tina has also managed a web-based plan check tracking system to give agency staff 24/7 project status and implemented electronic plan checking to enhance communication, reduce review times, and save money. She is proficient using various software applications, including TRAKiT, Agiline, Accela, NewForma, Bluebeam Revu, Adobe, and e-PlanSoft, and has managed the plan review process for Southern California’s largest developments up to 23,000 acres.

On-Call Engineering Plan Review, City of La Quinta. Project Engineer/Manager responsible for overseeing the development review and processing of citywide projects using TRAKiT, including the high- profile SilverRock Resort.

On-Call Plan Review Services, City of Cathedral City. Plan Reviewer responsible for the review of grading plans, improvement plans, and hydrology and hydraulic studies for subdivisions.

On-Site Development Services Management, City of Jurupa Valley. Consultant Development Services Manager, overseeing full range of development services for the recently incorporated City, a diverse community of about 45 square miles and population of nearly 100,000 citizens. Coordinate all plan and map check intake, established and update plan review tracking logs, customized submittal checklists, oversee encroachment permitting, establish fee schedule, handle entitlement services and plan review, write Conditions of Approval. Has achieved 99% turnaround review schedule success of 1,500+ plan sheets annually.

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Understanding , Scope & Approach
Understanding
The City of Cathedral City has a backlog of various capital improvement projects that require experienced project management to deliver. The current City engineering staff is enthusiastic, but lacks experience developing project scope, administering design contracts, and preparing the construction documents necessary for the successful completion of these projects. Furthermore, daily mentoring and senior management is needed to allow professional development of the engineering staff.

Scope of Work
HR Green will provide seasoned program and project management to oversee the City’s Capital Improvement Program (CIP) including but not limited to:
▪ Development of project scope
▪ Preparation of design and other necessary RFPs
▪ Selection of design and other necessary consultants
▪ Administration of project design
▪ Engineering support for the preparation of any environmental and grant funding documentation ▪ Preparation of final bid documents
▪ Administration of bid process and award of contract
▪ Preparation of city council and planning commission staff reports in support of capital projects ▪ Oversight and mentoring of city engineering staff in performance of the above tasks Approach
Tim Jonasson, PE will be available 8 to 10 hours per week to provide hands-on oversight of the above scope of work through a combination of in-person and remote office hours which will be agreed to in advance. Should additional project management hours be required, Mr. Jonasson will assign individual project oversight to Mike Myers, PE but will still maintain overall program management responsibility for these projects. If requested, HR Green will supply private development review services managed by Tina York, PE. Should the City require additional engineering resources, Mr. Jonasson will provide resumes of qualified staff for the City’s consideration to augment this contract.

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REFERENCES

CITY OF PALOS VERDES ESTATES
Contact: Ken Rukavina I Former City Manager/Director of Community Development & Public Works / City Engineer (now at Rancho Palos Verdes) I 310.544.5228 I [email protected] HR Green provides full-service public works engineering services, including capital project/program management:
▪▪ Consultant City Engineer
▪▪ On-site staff augmentation to deliver CIP
program and manage Building Safety
services
▪▪ GIS for asset inventory / management
▪▪ Design engineering for intersection, road,
drainage, and parking improvements
▪▪ Initiated parking modifications, including
signage replacement, and prepared work
orders to initiate signage and striping
modifications performed by City public
works staff for Malaga Cove Plaza
parking modifications
▪▪ Prepared a Pavement Management Program by integrating data from an o lder program that had been prepared in 2006 with only office updates in 2011. Data condition was assessed by a walking survey of 70 centerline miles of streets by a StreetSaver Certified Pavement Condition Rater.
▪▪ Completed a 10-year CIP management plan for the city. The CIP plan includes a complete analysis of all potential capital improvement needs the city may require. ▪▪ Prepared contract documents for advertising bids to install full capture treatment systems in catch basins tributary to Machado Lake, and also provided project implementation/ oversight ▪▪ Utilizing AutoCAD with AutoTurn, modified turning radius for a stop sign intersection to allow trucks to make turn onto major street, Granvia Altamira at City limit entrance ▪▪ Prepared Via Corta/Malaga Cove striping plans and curb ramp plans to comply with ADA requirements
▪▪ Prepared striping plans for Palos Verdes Drive West, topography and street base maps for modifications at 911 Memorial Triangle Center, and a base map for Navajo Road to fix flooding in residential area (e.g., CAD plan section to include drainage improvements and re -pavement ▪▪ Construction management and inspection of roadway, pavement rehabilitation, and drainage ▪▪ Project management of forcemains
▪▪ Provide next-day and same-day inspections, as needed ▪▪ Provide plan checks per designated turnaround schedule ▪▪ Managed engineering consultant preparing the Palos Verdes Drive West Corridor Feasibility Study
▪▪ Review TIAs and resident requests regarding traffic issues and operations ▪▪ Serves as Director of Traffic Safety (TSC) Committee and facilitates meetings with school district and a TSC subcommittee to address access and circulation issues around schools “HR Green has provided a wide scope of resources,
shown initiative to optimize a customer-centric
service model, a capacity to identify and
implement recommendations, leveraged new
technologies to streamline operational
efficiencies, and a strong commitment and
ability to meet the City’s expectations.”
- Ken Rukavina, PE I Former Acting City
Manager/Public Works Director/City Engineer
(now Director of Community Development at
Rancho Palos Verdes)

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CITY OF HEMET
Contact: Chris Lopez I City Manager I 951.765.2301 I [email protected] HR Green serves City Engineer to deliver
capital projects and enhance the plan check
delivery process. This involves being an
extension of City staff to manage
engineering, design, bidding, and
construction of concurrent CIP projects. HR
Green established procedures and protocols to
accept and track plan check subdivisions,
plans, and costs. The City was concerned that
the general fund be preserved, and that the
development community pay fair share costs
for study reviews and plan checks. The costs
are fully tracked and there is 95% cost recovery for the services provided. HR Green is committed to providing fresh ideas, and the results included professional depth, commitment to excellence in Engineering services, and project experience. In early 2020, the City lost a key employee and HR Green provided a seasoned Professional Engineer to work side by side with Community Development planning staff to streamline entitlement reviews, conditions of approval, and mapping approvals while the City completes a recruitment process. HR Green’s service significantly reduced the backlog of outstanding capital projects, secured grant funds for constructing a regional bikeway, advanced special districts to construct roadways and needed drainage improvements, and met Hemet’s evolving short term and long-term community needs.

“HR Green has been successful performing City
Engineering, project support, plan checking, and
development reviews for the City of Hemet. The
firm brings a business sensibility to
engineering management, working closely with
our staff to streamline and assist our
processes. Further, HR Green is an ideal fit for
combining experience with value by reducing
the amount of paper, time, travel, and costs.”
- Chris Lopez I City Manager

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CITY OF JURUPA VALLEY
Contact: Rod Butler I City Manager I 951.332.6464 I [email protected] Since 2011 incorporation, the City has more
than 2,000 new residential units in
development, an additional 3,000+ in
planning, as well as a variety of industrial and
commercial facilities. HR Green has played a
full-service consulting role since inception in
introducing successful processes to improve
the quality of life and enhance safety. Our staff
have created the development review and
approval process, customized checklists/forms,
and tested/implemented/continuously utilize
Accela as the City’s automated permitting system. We provide a City Surveyor, on -site engineers, plan checkers, and inspectors to provide a comprehensive turn-key solution (review approximately 1,500 plan sheets/year and a 99% turnaround review success rate). Our staff holds workshops with developers early and often to ensure a common understanding of project goals, the entitlement process, and City expectations to efficiently process their projects through to construction. Mo reover, we hold internal Development Review Committee meetings between HR Green and the Planning Department consultant to streamline project entitlements and offer electronic plan checking to save time and money. We review all documentation associated with successful land development: maps, construction plans, water quality, fiber optics, and small cell/5G applications. ▪▪ Our proven approach has allowed us to leverage multi-faceted staff in different roles to do more with limited staff compared to other similar sized municipalities (cross-trained staff who can seamlessly handle multiple duties and address changing needs). We have embedded 40+ staff conceptualizing, implementing, and managing programs and projects for the public works, engineering, and building departments. Our engineers have provided overall planning, coordination and control of CIP projects ($9+M annual CIP) from inception to completion in order to produce functionally and financially viable projects completed on time within authorized costs and to the required quality standards. Our staff have overseen CIP projects that have been planned and designed by both HR Green personnel as well as other consultants. ▪▪ Due to the poor condition of City roadways upon City incorporation, estimated to cost up to $128 million to repair, HR Green aggressively pursued funding opportunities. The City has maximized the use of Measure A, Gas Tax, SB1, ATP, CalRecycle, TUMF, DIF, COP bond funds, CFDs, SB- 821, HBRR, STIP, HSIP, CDBG, and developer monies to fund high-priority infrastructure needs to advance critical projects. Our staff has prepared applications and obtained more than $5 million in new funding through Caltrans, the Riverside County Transportation Commission, CDBG, HSIP, CalRecycle, and other grant programs to support Safe Routes to School and Active Transportation Program (ATP) projects, beverage container recycling, and “green,” cost -effective pavement rehabilitation methods. For example, since 2014 the City has been successful in garnering multiple ATP grants. This was a major accomplishment in the initial year of this new funding source, given 67 applications were received from this Caltrans District 8 region and only 16 projects were funded, two of these being Jurupa Valley projects. Also, we helped the City establish a $9 million bond program to fund an expedited pavement rehabilitation initiative which has corrected long-standing pavement deficiencies in large parts of the City.

The City of Jurupa Valley continues to be very
pleased with the services that we are receiving
from HR Green. The firm provides highly
competent and experienced staff at reasonable
hourly rates. Being able to supplement our
internal team with well-managed contract staff
makes us all the more effective in serving our
residents and the development community.”
- Rod Butler I City Manager

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CITY OF LA QUINTA
Contact: Bryan McKinney, PE I Public Works Director/City Engineer I 760.777.7045 I [email protected]
As part of the city reorganization in early 2013, staffing in the Development Services Division of Public Works was
reduced in recognition of the much lower level of private development at that time. Later that year, private
development activity had increased significantly, resulting in the need to increase the City’s engineering plan check capacity. HR Green was selected to provide engineering
plan check services on an as-needed basis using the
City’s TRAKiT program and Bluebeam Revu software due
to our demonstrated expertise in local hydrology, which has proven invaluable in plan checking certain
development projects, as well as our experience in full-service engineering plan check of diverse development projects. In 2018 to accommodate staffing the City did not have, HR Green was contracted to provide on-call building plan review and inspection services encompassing the review of structural design and calculations, construction, and occupancy type, means of egress, access and egress for persons with disabilities, electrical and plumbing design adequate lighting, ventilation and energy conservation, and fire/life safety systems. HR Green has continuously provided full-service civil plan check services for commercial, residential, and custom home site projects involving coordin ation with Coachella Valley Water District requirements (100+ projects since 2013). We have helped to redevelop City standards and checklists and to update bulletins and calculation documents. We have also provided various types of review as shown below:
▪ Reviewed the design of retention basins and water quality and air quality management plans for Trilogy (500+ acres).
▪ Provided development coordination for the initial phase of SilverRock Resort, a golf resort.

Responsible for providing plan check, preparing Requests for Proposals for design professionals and construction management services, marketing, and golf course operations. Participated in the project development team weekly meetings, sat on the consultant selection committee, negotiated professional service contracts, and maintained the projects implementation schedule. Facilitated award of first golf course construction contract. The construction bid for the grading contract came in approximately 18% under the engineer's estimate.
▪ ADA plan check for RABO Bank, Walmart, Plaza La Quinta Shopping Center. ▪ Precise grading for commercial projects (El Pollo Loco, PGA West Sports Club, In N -Out – La Quinta Square, ALDI– La Quinta Square, La Quinta Square, The Chateau @ Lake La Quinta, The Signature, Washington Park Retail Center, The Clubhouse @ Andalusia). ▪ Precise grading for residential projects (Washington Street Apartments, Bollard Residence, La Quinta Retirement Community, The Orchard).

Currently, HR Green is reviewing all the precise grading plans for the entire SilverRock site, which is being expanded to include two premier hotel brands, Montage and Pendry, a conference center, a new golf clubhouse, and a limited number of branded single-family homes, condominiums, and bungalows to deliver a world-class destination in the region. HR Green has expedited approval of complex land development projects; achieved a 99% success rate meeting or beating City’s aggressive turnaround “HR Green has been providing plan
check services for the City of La Quinta
for several years and done a great job of
providing on time and thorough reviews
and coordination with City staff. I would
highly recommend HR Green for any
City’s plan checking needs.”
- Bryan McKinney, PE I City
Engineer/Public Works Director

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review schedule; maintained positive collaboration with applicants/developers to maintain project momentum; facilitated seamless reviews and approvals within a 100% paperless environment ; and ensured staff continuity to promote consistency and quality deliverables.

Additionally, our project managers have completed the following:
▪ Prepared, updated, and manage a multi-year CIP
▪ Prepared Pavement Management Plan to expeditiously improve poor surface conditions following City incorporation by utilizing StreetSaver, which included the automated collection of pavement conditions for more than 400 miles of streets
▪ On-site departmental management (public works, engineering, building, maintenance) ▪ Manage CIP projects from concept, planning, design, through construction completion ▪ Procurement and management of federal, state, and regional funding ▪ Renegotiated solid waste contractor agreement that improved service levels, largely maintained the existing rate structure, and significantly increased revenue to the City ▪ Created asset management plans
▪ Created Streets and Trails Master Plan
▪ Facilitated organizational / operational studies

CITY OF MORENO VALLEY
Contact: Michael Wolfe I City Engineer/Public Works Director I 951.413.3100 I [email protected] The City of Moreno Valley, with a population of 200,000+, is a rapidly growing community, limited in - house staff, and extensive service and staffing needs to keep pace with plan review and encroachment permit requests. The City has undergone a prolonged period of population growth and development activity. The City has limited in-house staff, depends on consultants to keep pace with the ongoing development/ infrastructure network expansion, and is currently undertaking a citywide fiber deployment.

HR Green was engaged to provide a variety of plan review and staff augmentation services. To reduce earlier work backlog, in 2018 HR Green assigned and has continued to embed an on -Site Transportation Planner responsible for traffic study reviews. Since this timeframe, he has reviewed 350+ traffic plans in order to reduce turn-around time and free up City staff to focus on other City priorities. This has focused attention on citywide fiber optic deployment, including the review and approach of encroachment permits related to poles, lights, gas, and conduit with leading telecom firms, such as Frontier. Our staff provides recommendations on mitigating or avoiding impacts to schools and planned developments.

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Fee Proposal
HR Green Pacific, Inc. Fee Schedule
Personnel Classification Hourly Billing Rate
Program Manager $225
Project Manager $195
Plan Check Manager $200
NOTES:

Monthly Billing: Services will be rendered at the hourly rates above as requested by the City. Unless authorized in advance by the City, the not-to-exceed amount will be $10,000 per month for all engineering support services. Optional plan check services will not be included in this not-to-exceed amount as it is assumed these services will be reimbursed through developer application fees.

Professional Reimbursement / Hourly and Overtime Rates: The hourly billing rates include the cost of salaries of the HR Green employees, plus sick leave, vacation, holiday, and other fringe benefits. The percentage added to salary costs includes indirect overhead costs and fee (profit). All employees classified as “non-exempt” by the U.S. Department of Labor will be compensated at 1.5 times salary, as per state and Federal wage and hour for overtime hours. Billing rates will be calculated accordingly for overtime hours.

Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses and subconsultant costs incurred in connection with the work will be at cost plus 10% (percent).

Our hourly fees/rates shall remain effective through the first year of the contract term and may be adjusted annually thereafter on the City’s fiscal year basis as negotiated with and agreed to by the agency.

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AS-NEEDED SERVICES
Civil Engineering Plan Review
Percentage of City Fee Collected: HR Green Pacific, Inc. understands that all fees are on a project- by-project basis. All miscellaneous and reimbursable fees are included in the fees and there will be no additional fees.

Description of Fee City Fee HRG Percentage of City Fee
Subdivision Improvement Projects (Tract/Parcel Maps)
Final Map $1,253 + $125/Lot 75% ($939.75 + $93.75/Lot) Precise Grading Plan $1,628 (Up to 8 Lots)
$78/Lot over 8
70% ($1,139.60 Up to 8 Lots)
70% ($54.60/Lot over 8)
Hydrology Report $352/Acre 70% ($246.40/Acre)
SWPPP/NPDES $176 75% ($132.00)
PM10 $78 75% ($58.50)
Half Street Improvement Plan $891/1000 LF 70% ($623.70/1000 LF) Full Street Improvement Plan $1,550/1000 LF 70% ($1,085.00/1000 LF) Storm Drain Plan $1,550/1000 LF 70% ($1,085.00/1000 LF) Signing & Striping Plan $1,110 70% ($777.00)
Traffic Signal Plan $1,480 70% ($1,036.00)
3 or More Checks (Initial & 2 Corrections) $388/Per Check 70% ($271.60/Per Check) Revision $155/hour Hourly (See Rate Table Below)
Commercial/Industrial/Multi-Family Projects (PP, CUP, HDP, DP, Misc., etc.) Mass/Rough/Precise Grading Plan $853 (First 3 Acres)
$310 (Each Acre Over 3)
70% ($597.10 First 3 Acres)
70% ($217.00 Each Acres Over 3)
Hydrology Report $352/Acre 70% ($246.40/Acre)
SWPPP/NPDES $176 75% ($132.00)
PM10 $78 75% ($58.50)
Half Street Improvement Plan $891/1000 LF 70% ($623.70/1000 LF)

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Description of Fee City Fee HRG Percentage of City Fee
Commercial/Industrial/Multi-Family Projects (PP, CUP, HDP, DP, Misc., etc.) - continued Full Street Improvement Plan $1,550/1000 LF 70% ($1,085.00/1000 LF) Storm Drain Plan $1,550/1000 LF 70% ($1,085.00/1000 LF) Signing & Striping Plan $1,110 70% ($777.00)
Traffic Signal Plan $1,480 70% ($1,036.00)
3 or More Checks (Initial & 2 Corrections) $388/Per Check 70% ($271.60/Per Check) Revision $155/hour Hourly (See Rate Table Below)
Single Family Grading
Plan Check $698 70% ($488.60)
3 or More Checks (Initial & 2 Corrections) $388/Per Check 70% ($271.60/Per Check) Record Document Review
Easement Hourly (See Rate Table Below)
Certificate of Compliance Hourly (See Rate Table Below) Certificate of Correction Hourly (See Rate Table Below) General Vacation Hourly (See Rate Table Below)
Summary Vacation Hourly (See Rate Table Below)
Lot Line Adjustment Hourly (See Rate Table Below)
Misc./Special Technical Reports Hourly (See Rate Table Below) ****If desired, HR Green can provide Expedited Reviews at 1.15 the standard fee Additional Services and Hourly Rates
▪ Survey Research and Field Survey Services: The HR Green team will provide services by or under the direction of our licensed land surveyors at the hourly rates provided below. ▪ City Surveyor Services: Our HR Green licensed land surveyor can sign and stamp maps and other survey documents that were not reviewed by the HR Green team at the following Lump Sum Rates:

Parcel/Tract Maps: $1,000/map
Other Survey Documents: $500/document

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City of Cathedral City- On-Call Capital Projects Program Management & Electronic Plan Check Consultant Services
Page | 17

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Attachment: HR Green Pacific Proposal - Cathedral City, CA - On-Call CIP Program Management (3095 : On Call Engineering Program 1 AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HR GREEN PACIFIC, INC.

FOR ON CALL CAPITAL IMPROVEMENT PROGRAM MANAGEMENT CONSULTING

SERVICES AND ELECTRONIC PLAN CHECK SERVICES
This Agreement for Services (“Agreement”) is entered into as of February 09 , 2022 (“Effective Date”) by and between the City of Cathedral Ci ty, a municipal corporation (“City”) and HR Green Pacific, Inc., a California Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought , by reque st for qualifications, the performance o f the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year commencing on the Effective Date.

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Attachment: Agreement for Services - HR Green, Inc. (1) w_Insurance (3095 : On Call Engineering Program Management Consulting Services) 2 SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance . The Service s shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement.

The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of t his Agreement that are in a ddition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 2 7 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred and Fifty Thousand and 00/100 Cents ($150,000.00) per year, unless additional com pensation is approved in writing in accordance with Se ction 2 5 “Administration and Implementation” or Section 2 7 “Amendment” of this Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurr ed during the preced ing month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub -Service Provider contracts. Sub -Service Provider charges shall be detailed by the follow ing categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed an d expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event any charges or exp enses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.

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3 (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use i ts best efforts to c ause Service Provider to be paid w ithin forty -five (45) days of receipt of Service Provider ’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any def ects in work perform ed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitt ed to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 1 5 “Indemnification” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider . Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, mo dels, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing th e Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance ; Familiarity With Work ” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, s urveys, reports, dat a, notes, computer files, files or other documents.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, boo ks of account, invoices, vouchers,

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4 canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such docum ents or records shall be maintaine d in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or rec ords shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all rec ords or documents re quired to be maintained pursuant t o this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or r ecords shall be prov ided directly to the City for insp ection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where Ci ty has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by writt en request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Pro vider is and shall at all times re main a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability o f any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be un der Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any o f Service Provider’s officers, employees, or agents except as set forth in this Agreement.

Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or age nts are in any manne r officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider ’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accr ue to City’s employe es. Service Provider expressly waives any claim Service Provider may have to any such rights.

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5 SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeti ng its obligations under this Agre ement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Service Pro vider warrants that (1) it has tho roughly investigated and considered the work to be per formed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statu tes, codes, ordinances, regulations and rules in effec t during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointe d boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that Cal ifornia prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunde r: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

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6 Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of a ny federal or state law prohibitin g discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, g ender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 13. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principa l of its firm, has o r shall acquire any interest, dire ctly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants tha t in the performance of this Agreement, no person havi ng any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid confli cts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Service Provider must disclose its financial interests by completing and filing a Fair Political Practic es Commission Form 7 00, Statement of Economic Interest s. If such a determination is made, Service Provider shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and ackno wledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non - related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Service P rovider will perform non-related services for other go vernmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider . Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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7 (b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories o r other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any off icer, employee, agent or subcontra ctor of Service Provider , provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, c osts and fees, inclu ding attorney’s fees, caused by or incurred as a result of Service Provider’s conduct.
(d) Service Provider shall promptly notify City should Service Provider , its officers, employees, agents or subcontractors, be served with any summons, c omplaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right , but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery reques ts provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establi shes a professional standard of care for Service Provi der’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Part ies”) from and again st any and all liability (includin g liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, includi ng attorney’s fees and costs, court costs, interest, d efense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider , o r by any individual or entity for which Service Provid er is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider , in the performance of professional services under this Agreement.
(b) Indemnification for Other than Pr ofessional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory

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8 proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual o r entity for which Service Provide r is legally liable, including but not limited to officers, agents, employees or subcontractors of Service Provider.
(c) Indemnification from Sub -Service Provider s. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section.

Failure of City to monitor compliance with these requirement s imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(d) Limitation of Indemnification. Notwithstanding any provision of this section to the contrary, design professionals are required to defend and indem nify the City only to the extent permitted by Civil Code Section 2782.8, which limits the liability of a design professional to claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs that arise out of, pertain to, or relate to the neglige nce, recklessness, or willful misconduct of the design professional. The term “design professional,” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, regi stered professional engineers, professional land surve yors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code.
(e) City’s Negligence . The provisions of this sect ion do not apply to claims occurring as a result of Ci ty’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 16. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and

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9 made a part of this Agreement. All insurance policies shall be subject to appro val by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provi der under this Agree ment. In recognition of that inte rest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted ass ignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” Ci ty acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

Service Provider shall make every reaso nable effort to main tain the stability and continuity of Service Provider’s staff and subcontractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and subcontractors, if any, assig ned to perform the S ervices prior to and during any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider . In the even t such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any mater ial obligation under this Agreemen t, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider , prepared as set fo rth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be

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10 reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 20. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notic e shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of th e outstanding invoic es during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be dee med to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 21. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidate d damages, if any, c aused by delay in performance or f ailure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, an d maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 23. NOTICES.

All notices r equired or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

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11 To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

To Service Provider:

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the cus tody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Service Provider represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Service Provider to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, inclu ding amendments that commit additional funds, cons istent with Section 2 7 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.

SECTION 26. BINDING EFFECT.

This Agr eement shall be binding upon the heirs, executors, administra tors, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the Cit y. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All oth er amendments shall be approved by the City Council. The Part ies agree that the requirement for written modific ations cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or cov enant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

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12 Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent brea ch or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Prov ider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, constru ed and governed according to the laws of the State of Califor nia. In the event of litigation between the Parti es, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Cour t, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and exp enses, in addition to any other relief to which it may be entitled.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, repres entations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jur isdiction to be invalid, void or unenforceable, th e remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreeme nt conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

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13 IN WITNESS WHEREOF , the Part ies hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY Service Provider

__________________________ _______________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Martinez, CMC
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney

NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTA RIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APP LICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behal f of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws o f the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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A notary public or other officer completing this certificate verifies only the identity of the ind ividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/a re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso n(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tr ue and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

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Attachment: Agreement for Services - HR Green, Inc. (1) w_Insurance (3095 : On Call Engineering Program Management Consulting Services)

A-1
EXHIBIT "A"

SCOPE OF SERVICES

I. Service Provider will perform the following Services:

Service Provider will provide On Call Capital Improve ment Program Management and As Needed Electronic Plan Review Services as described in their proposal submitted on January 10, 2022, attached.

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B-1
EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services:

Service Provider will provide On Call Capital Improvement Program Management and As Needed Electronic Plan Review Services in accordance with the Fee Proposal and As-Needed Services – Civil Engineering Plan Review fee schedule included within their proposal submitted on January 10, 2022, attached .

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Attachment: Agreement for Services - HR Green, Inc. (1) w_Insurance (3095 : On Call Engineering Program Management Consulting Services)

Direct/Reimbursable Expenses and Subconsultants: Reimbursement for direct expenses and subconsultant costs incurred in connection with the work will be at cost plus 10% (percent).

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City of Cathedral City- On-Call Capital Projects Program Management & Electronic Plan Check Consultant Services
Page | 15

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Attachment: Agreement for Services - HR Green, Inc. (1) w_Insurance (3095 : On Call Engineering Program Management Consulting Services)

Parcel/Tract Maps: $1,000/map
Other Survey Documents: $500/document

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Attachment: Agreement for Services - HR Green, Inc. (1) w_Insurance (3095 : On Call Engineering Program Management Consulting Services)

C-1
EXHIBIT "C"

INSURANCE

A. Insurance Coverages. Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for in juries to persons or damages to property which may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out o f this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).

Coverage shall be at least as broad as Insurance Servic es Office form Commercial General Liability co verage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Vehicle liability insurance in an amo unt not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for eac h person, in an amount not less than one milli on dollars ($1,000,000) for each accident, and property damage insurance in an am ount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equi valent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.

__X___ Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.

Service Provider shall pro vide an endorsement that the insurer waives th e right of subrogation against the City and its respective elected officials, off icers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide emplo yee of Service Provider participating under this Agreement, Service Provider is t o defend and indemnify the City from such claim.

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C-2
X Professional Liability Insurance: Professional liability insurance ap propriate to the Service Provider’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liabilit y insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Ser vices performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the co mpletion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Se rvice Provider shall annually and upon request of the City submit written evidence of this continuous coverage.

B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:

1. All Coverages.

a. Each insurance policy required by this Agreement shal l be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement , reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

b. Insurance is to be pl aced with insurers with a current A.M.

Best's rating of no less than A:VII.

2. Commercial General Liability and Automobile Liability Coverages.

a. City, and its respective elected and appointed offic ers, officials, and employees and volunteers a re to be covered as additional insureds as respects: liability arising out of ac tivities Service Provider performs; products and completed operations of Service Provider ; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.

The coverage shall contain no special lim itations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

b. Service Provider ’s insurance cover age shall be primary insurance with respect to City, and its respective elected a nd appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its res pective elected and appointed officers, offici als, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider ’s insurance.

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C-3
c. Service Provider’s insurance shall apply separately to each insured against whom claim is ma de or suit is brought, except with respect to the limits of the insurer's liability.

d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City , and its respective elected and appointed off icers, officials, employees or volunteers.

e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.

3. Workers' Compensation Coverag e. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.

C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contra ct have been complied with. The City may require that Service Provider furnish C ity with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that in surer to bind coverage on its behalf. City reserves the right to inspect complet e, certified copies of all required insurance policies, at any time.

1. Service Provider shall furnish c ertificates and endorsements from each subcontractor identical to those Service Provider provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed o fficers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and rel ated investigations, claim administration, defense expenses and claims.

3. The procuring of such requi red policy or policies of insurance shall not be construed to limit Service Provider ’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
01/01/22
Ashley Hampsher
4,000,000
201 First Street SE, Suite 700
(Claims Made Coverage)
68-700 Avenida Lalo Guerrero
Professional Liability
X
01/31/2022
2,000,000
X
10,000
01/01/22
01/01/23
1,000,000
X
4,000,000
X
319-896-7664
X
Aggregate
10,000
CUP8S97473322NF
Per Claim
01/01/23
10,000,000
Cathedral City, CA 92234
01/01/23
01/01/22
A
DPR9987508
1-800-300-0325
X
10,000,000
cancellation will be provided, with the exception of non-payment of premium, per policy terms and conditions.

Compensation contains a Waiver of Subrogation in favor of the Additional Insureds listed above. 30 days' notice of contract with the insured, per policy terms and conditions. The General Liability, Auto Liability and Workers Additional Insureds on the General and Auto Liability on a Primary and Non-Contributory basis as required by written Cathedral City, CA and its respective elected and appointed officers, officials, and employees and volunteers are 220017: Cathedral City, CA ? Staff Augmentation for Project / Program Management 01/01/22
Corona, CA 92879-5013
City of Cathedral City
Suite 305
1260 Corona Point Court
BAP373096812
01/01/22
X
[email protected]
X
1,000,000
HR Green Pacific, Inc.
2,000,000
WC373096612
GLO373096712X
Cedar Rapids, IA 52401

XL SPECIALTY INS CO
A
Travelers Property Casualty Company of
Zurich American Insurance Company
X
A
300,000
City Manager
01/01/23
64452597
64452597
C
N
X
B
1,000,000
37885
USA
25674
16535
2,000,000
ahampsher-cr
01/01/23
10,000,000
5,000,000
Holmes Murphy & Assoc - CR

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Cathedral City Page 1 of 1 Printed on 2/24/2022

Staff Report

City Council

Item No. 5.D

Meeting Date: February 9, 2022
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19

City Council

RECOMMENDATION:

Update on Status of Emergency Proclamation. Possibl e action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

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Staff Report

City Council

Item No. 6.A

Meeting Date: February 9, 2022
From: Brenda Ramirez, Associate Planner
Title: Tentative Tract Map 38137

City Council

RECOMMENDATION:

1. Conduct a Public Hearing to consider an appeal of the Planning Commis sion's approval of Tentative Tract Map No. 38137 to subdivide an approximately 3.74 -acre residential parcel into 14 residential lots and a common lot for retention purposes in the R1 (Single Family Residential) Zoning District; and

2. AFFIRM the Planning Commission's actions to i) Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15332, Class No. 32 (In-Fill Development); and ii) Approve Tentative Tract Map No. 38137 subject to the attached Conditi ons of Approval and based on the findings contained in the staff report.

BACKGROUND:

On December 15, 2021, t he Cathedral City Planning Commission approved Tentative Tract Map (TTM) No. 38137 , allowing the subdivision of an approximately 3.74 -acre residential parcel into 14 residential lots and a common lot for retention . On December 17, 2021, an appeal of the Planning Commission’s action was filed, consistent with Section 6.6(A) of Riverside County Ordinance No. 460 as adopted by the City of Cathedral City.

Pursuant to Section 2.04.130, an appeal hearing is limited to a review of the action by the Planning Commission. The appellant is limited to a presentation on the specific grounds of appeal and has the burden to establish cause as to why the action should be affirmed, reversed or modified. During the hearing, the City Council has the discretion to allow members of the public to speak; however, the Council’s decision should not be based on any new evidence not included in the appeal or in the record of t he proceeding before the Planning Commission. After closing the public hearing, the Council should vote to either affirm, reverse or modify the Planning Commission’s approval of the Project.

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On January 26, 2022, staff presented Tentative Tract Map No. 38137 to the City Council pursuant to the appeal application received by City staff. The City Council received staff’s presentation and opened the public hearing . After deliberations, a motion was made to continue the hearing to the next regularly scheduled Council meeting.

DISCUSSION:

On December 15, 2021, staff present ed Tentative Tract Map No. 38137 to the Planning Commission and requested the approval of the Project with the deletion of Condition of Approval 7.5 (Riverside County Airport Land Use Commissio n) which had been added in error by staff. In anticipation of the various concerns and comments received by staff from surrounding City residents, the City Attorney provided a presentation to the Planning Commission regarding the approved short term vacation rental ordinances and the Cathedral City Municipal Code, as they related to the Project.

During public comments, several residents expressed concerns over the potential future use of the homes as short -term vacation rentals and the construction of two -story homes obstructing the view. With the provided guidance of the City Attorney , the Planning Commission unanimously approved the project 3 -0 subject to the revised conditions of approval and based on the findings contained in the staff report.

TENTATIVE TRACT MAP NO. 38137
The Applicant (Jim Shute) submitted an application for a TTM on April 13, 2021 , to subdivide an approximately 3.74 -acre residential parcel into 14 residential lots and one common lot. The Project is located in the R1 (Single Family Re sidential) Zoning District and RL (Low Density Residential) General Plan Designation which contains the zoning and density standards for development of the project site. The project has an overall density of 3.7 units per acre which is consistent with the maximum density of 4.5 units per acre for the RL General Plan Designation.

The project site is within the Landau Manor Neighborhood and was intended as the final phase of development of the previous owner/developer. This site was previously approved by the Planning Commission on December 14, 2014 , as the second phase of TTM No. 36832. The previously approved tract map never completed the final map process for Phase 2; however, the site was rough graded in anticipation of the planned construction.

The Pro ject will be compatible with the existing surrounding land uses. The adjacent properties to the north and east of the Project site have existing residential dwellings units and are zoned R1 and the properties east and south are zoned RR (Resort Residential).

The proposed residential lots of the Project are consistent with the R1 zoning standards for newly created lots which require a minimum lot size of 7,200 square feet, a depth of 100 feet, and a width of 70 feet, and a minimum lot width at the front pro perty line not

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less than 35 feet. The Project will be a gated community that will consist of one common lot (retention basin) and a private street that will have access from McCallum Way. The Project will complete the off -site improvements along McCallum W ay that include curb, gutter, sidewalk, and landscape areas. The tentative tract map was reviewed by the Engineering Department and conforms to the Circulation Element of the General Plan.

The Architectural Review Committee (ARC) did not review this Projec t since the project does not propose special development standards. All future development of the parcels will be subject to R1 Zoning District development standards. Those standards are shown in the table below:

R1 Standard Requirement
Yard Requirements - Front Yard setback: minimum 20 ft.
- Side Setback: 15 ft. total; one side a
minimum of 10 ft. and the other a
minimum of 5 ft.
- Rear setback: minimum 15 ft.

Lot Coverage Maximum 40% lot coverage
Maximum Building Height 26 feet

ENVIRONMENTAL REVIEW:

Staff has determined that the project meets all the conditions for a Categorical Exemption under Section No. 15332, (Class No. 32, In-Fill Development Projects) of the State CEQA Guidelines, which allows an exemption for project characterized as in -fill development meeting the following conditions:
a) The project is consistent with the applicable general plan designation and regulations.
b) The proposed development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects in relation to traffic, noise, air quality or water quality.

The site can be adequately serviced by all required utilities and public services.

NOTE: The City of Cathedral City Planning Department is custodian of the documents or other materials, which constitute the record of proceedings upon which this decision is based.

PUBLIC NOTIFICATION:

This project and the environmental determination were noticed in accordance with the

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Cathedral City Municipal Code and CEQA.

FISCAL IMPACT:

None

ATTACHMENTS:

Attachment 1 - Conditions of Approval
Attachment 2 - Tentative Tract Map
Attachment 3 - Public Hearing Notice

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CITY OF CATHEDRAL CITY

CITY COUNCIL

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 38137

PROJECT LOCATION: BETWEEN ELIZABETH ROAD AND
McCALLUM WAY, APPROXIMATELY 600 FEET WEST OF
LANDAU BOULEVARD (APN: 677-610-037)

DATE APPROVED: JANUARY 26, 2022

SECTION 1 ADMINISTRATIVE CONDITIONS

1.1 Tentative Approval of this Subdivision Map shall be valid for two years from date of approval, unless extended pursuant to the City’s Subdivision Ordinance. A Final Tract Map, based upon a field survey, prepared in accordance with the State Subdivision Map Act, is required to be submitted by the applicant and approved by the City prior to expiration.

1.2 No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied.

1.3 The Final Tract Map shall be approved by the City Council and recorded prior to the issuance of any Building Permits.

1.4 The subdivision of the site shall conform to all Ordinances, codes, regulations, and policies pursuant to the Cathedral City Municipal Code effective pri or to th e approval of the final map. All conditions herein shall be met prior to the approval of the final map and/or issuance of a grading permit.

1.5 Prior to Final Tract Map approval, all proposed street names and addresses shall be submitted to and appr oved by the City Planner, in consultation with the Planning, Police, and Fire Departments, and shown on the Final Map.

1.6 Prior to approval of the Final Tract Map, “will serve” letters shall be obtained from all affected agencies, including the jurisdict ional water purveyor, Souther n California Edison, Time Warner Cable, Verizon Telephone and Burrtec.

SECTION 2 FEES

2.1 The Applicant shall pay all applicable City of Cathedral City fees, charges and other costs such as development impact fees as prescribed by Cit y Ordinance.

The applicant is hereby advised that the fees may change at the time they become due and payable, as permitted by applicable law.

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Attachment: Attachment 1 - Conditions of Approval (3100 : Tentative Tract Map 38137) Conditions of Approval - TTM 38137
Cathedral City City Council
January 26, 2022

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NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90 day period to protest the impositio n of any impact fee, dedi cation, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to timely follow this proce dure will bar any subsequ ent legal action to attack, review, set aside, void or annul imposition.

It further does not apply to any fees, dedication, reservations, or exactions for which the applicant has been given a notice similar to this, nor does it revive challenges to any fees for which t he Statu te of Limitations has previously expired:

SECTION 3 PLANNING

3. 1 All requirements of the Cathedral City Municipal Code shall be met prior to Final Map and/or the issuance of building permits.

3. 2 No building permits shall be issued until Tract 38137, or t he phases thereof, are recorded.

3. 3 All subdivision signs shall be subject to the Cathedral City Sign Code and approved separately.

3. 4 If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted, and the applicant shall immediately notify the City Planner. A qualified archaeologist shall be called to the site by and at the cost of the applicant to identify the resource and recommend mitigation if the resource is culturally significant. The Archeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and The Agua Caliente Tribal Historic Preservation Office ( THPO) for permanent inclu sion in the Agua Caliente Cultural Register.

3. 5 In the event that any human remains are discovered , the applicant shall cease all work and contact the Riverside County Coroner’s Office and work shall not resume until such time that the sit e has been cleare d by County Coroner and/or the Cathedral City Police Department. The applicant will be also be required to consult with the Agua Caliente Tribal office . In the event that any human remains are discovered the applicant shall cease all work and contact the Riverside County Coroner’s Office and work shall not resume until such time that the site has been cleared by County Coroner and/or the Cathedral City Police Department. The applicant will be also be required to consult with the Agua Caliente Tribal office.

3. 6 Prior to the issuance of a building permit, the Applicant shall alleviate the negative yearly impact on the City’s General Fund from residential development for police, fire, paramedic, and park services either by 1) the payment of a one-time fee equal to the present value cost of providing General Fund services to the proposed development for a period of 99 years or 2) annexing into Community Facilities District (CFD) No. 2006 -1 having an annual special tax equal to the yearly co st of providing General F und services as calculated and determined by the City of Cathedral Finance Department.

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Attachment: Attachment 1 - Conditions of Approval (3100 : Tentative Tract Map 38137) Conditions of Approval - TTM 38137
Cathedral City City Council
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3. 7 A Final Landscape Construction Plan, prepared by a licensed landscape architect and approved by the City Planner, shall be signed by the appropriate water agency prior to the issuance of a building permit. The Final Landscape Construction Plan shall contain the following required information

a. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper , gallon, box, or brown t runk height, and/or quantity) and whether it is deciduous or evergreen.

b. Clear indication where landscaping will be used to screen mechanical, electrical, and irrigation equipment.

c. A detail showing planter design adjacent to walkw ays and driveways that is designed to prevent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two -inch vertical separation between the pavement and the soil.

d. Plant and tree installation and staking details.

e. An Irrigation Plan with equipment details.

3. 8 Site landscaping shall comply with the City Design Guidelines and Water Conservation policies and rules regardless of whether the items are illustrated on the Construction Landscape Plans:

a. Plants and trees shall be primarily of drought tolerant species compatible with the desert environment.

b. Projects shall minimize the use of turf. Residential front yards shall contain no more than 35% turf.

c. At least 50% of the trees shall be evergreen species.

d. All single trunk trees shall be double staked and multi-trunk trees shall be staked appropriate to the species of tree.

e. Arbor guards shall be installed around trees in turf areas.

f. Planter areas shall be surrounded by a concrete mow strip or other hard surface.

g. All grou nd-mounted equipm ent, such as mechanical, electrical, and irrigation equipment (backflow preventers), shall be located within a landscape planter.

This equipment shall not be located within a turf area and shall not be visible from public view.

h. Any drain that terminates in a planter shall have a splash guard.

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3. 9 All lighting on site shall comply with Chapter 9.89 of the Municipal Code relative to outdoor lighting including fixtures that direct lighting downward.

3. 10 All mechanical equipment, either ro of or gr ound mounted, and shall be screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall architecturally match the building. If after construction, but prior to the issuance of a Certificate of Occupancy, it is determined by the City Planner that equipment can be viewed from the public right -of-way a plan for screening the equipment shall be submitted to the Planning Departmen t for ap proval. Once approved, said screening shall be constructed prior to issuance of a Certificate of Occupancy.

3. 11 Property addresses or building identification signs shall be placed on all new and existing buildings so as to be plainly visible from the public street. Said signs shall be twelve (12) inches in height on commercial buildings and six (6) inches in height for residential buildings. Numbers shall be either internally or externally illuminated to be consistent with Municipal Code Section 9.02 and des igned to illuminate automatically during periods of darkness.

3. 12 In single family residential subdivisions, all exterior walls facing a public street or public area shall have a decorative surface and a decorative cap that is consistent with the over all arch itecture. Interi or walls between units are exempt from this requirement.

3. 13 Building and landscaping shall be maintained in a condition that substantially complies with this approval.

3. 14 All breaker boxes, fire sprinkler risers, and utility conduits s hall be interior to the building.

3. 15 All drain pipes shall be interior to the building. Exposed drain pipes are specifically prohibited.

3. 16 Contractor must divert at least 75 percent of all demolition waste to a recycling facility. The reuse of materials is considered an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager

3. 17 Prior to the issuance of a Certificate of Occupancy the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved b y the Environmental Conservation Manager.

SECTION 4 ENGINEERING / PUBLIC WORKS

4. 1 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any claim, action

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or proceeding to attack, set aside, void, or annul the approval of this Te ntative Tract Map No. 38137 (TTM). 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.

4. 2 This TTM shall expire two years after the City Planning Commission approval date, unless recorded or granted a time extension pursuant to the Cathedral City Subdivision Ordinance.

4. 3 This TTM, and any Final M ap recorded thereunder, shall comply w ith the requirements and standar ds of the State “Subdivision M ap Act” and the Cathedral City Subdivision Code, and The Final Map shall:

i. Be based upon a field survey.

ii. A preliminary soils report shall be performed and completed for the proposed parcels and shall be noted on the Final Map.

4. 4 The TTM shall comply with all appli cable terms, conditions and/or mitigation measures for the following approvals:

A. TTM No. 38137.

B. Specific Plan 10-015.

C. Cathedral City Guidelines.

D. Cathedral City Water Conservation Policies and Rules.

E. Cathedral City Municipal Codes and Ordinances.

In the ev ent of a ny conflict(s) between approval conditions and/or provisions of these approvals, the Director of Engineering/Public Works and/or Dir ector of Planning/Building shall determine precedence.

4. 5 Prior to the F inal Tract Map (FTM) approval, the Ap plicant shall provide security to guarantee the survey and setting of final monumentation, parcel boundaries and lot corners. All such securities sh all be i n the form of a 100% cash bond.

Release of securities will occur after the Applicant’ s engineer of record provides the Director of Engineering/Public Works certification that all such monuments have been placed and the engineer of record has been compensated in full for the work.

4. 6 All conditions herein shall be met prior to the Grading Per mit issuance for the TTM or as specifically modified by item as linked to a Certificate of Occupancy (COO) issuance and/or time limit from the date of issuance of the Gra ding Permit.

4. 7 Prior to issuance of any grading, constr uction or building permit by the City, the Applicant s hall obt ain any necessary clearances and/or permits from the following agencies, if required:

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A. City of Cathedral City Fire Marshal
B. Cathedral City Engineering Department.

C. Cathedral City Planning Department.

D. Cathedral City Building Department.

E. Riverside County Environmental Health Department.

F. Palm Springs Unified School District.

G. Coachella Valley Water District (CVWD).

H. Southern California Edison (SCE).

I. Frontier Communications.

J. Spectrum Cable.

K. California Regional Water Quality Control Board (CRWQCB).

L. State Water Resources Control Board.

M. Sunline Transit Agency (SunLine).

N. South Coast Air Quality Management District – Coachella Valley (SCAQMD).

The Applicant is responsible for all the requirements of the perm its and/or clearances from th e a bove listed agencies. When th e requirements include approval of improvement plans, the Applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.

4. 8 The Applicant, if applicable, shall be responsible for completing all TTM approved Phase I Study recommendations, all City and Riverside County requirements and Riverside County Department of Environmental Health requireme nts. Pro of of compliance shall be submitted to the City before issuance of building permits for the TTM.

4. 9 Coverage u nder the State of California Construction General Permit must be obtained by the Applicant, who then shall submit a copy of the Regional Wat er Quality Control Board’s (“RWQCB”) acknowledgement of the ap plicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (”WDID”) number to the City prior to the issuance of a grading or building permit.

4. 10 Prior to construction, during constructi on and u p to Final Tract Map (FTM) acceptance the Applicant sh all comply with applicable provi sions of the City’s NPDES Stormwater Discharge Permit and Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Regional Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ as amended by Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.

A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a par t of a constru ction project that encompasses more than one (1) acre of land, the Applicant (“Permitee”) shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board (“SWRCB”).

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B. The Applica nt or de sign professio nal can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.

C. Prior to the Appl icant submitting the SWPPP to th e SWRCB, the Applicant shall s ubmit a copy of the SWPPP to the Director of Engineering/Public Works for review.

D. The Applicant shall deliver a comp lete cop y of the State Water Resources Control Board approved SWPPP to the Director of Engineering/Public Works prior to issuance of the Grading Permit for City records.

E. The Applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City.

F. The Applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”), but not limited to:

1) Temporary Soil Stabilization (erosion control).

2) Temporary Sediment Control.

3) Wind Erosion Control.

4) Tracking Control.

5) Non-Storm Water Management.

6) Waste Management and Materials Pollution Control.

7) Retention and Infiltration Basins Management.

G. All erosion and sediment control BMPs pro posed by the Applicant shall be approved by the Director of Engineering/Public Works.

H. All erosion control B MPs shal l remain in ef fect for the entire duration of project construction until all improvements are completed and accepted by the City.

I. The SWPP P shall remain in effect for the entire duration of project construction unt il all improvements are complete d and ac cepted by the City Council.

4. 11 The Applicant shall be responsible for blow sand, debris, trash, rubbish and deleterious material removal in al l areas of the TTM’s main unnam ed street, retention basin area and McCallum Wa y frontage, including gutter pans,

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sidewalks, p arkways, alleys, right-of-way, private streets, parking lots, drive aisles and all other interior areas , including within the walle d areas and all other areas outside the walled areas of the TTM. The Applicant shall in clude these clean up responsibilities into the daily maintenance of the site for perpetuity in the City approved CC and Rs for the TTM.

Note: The CC and R s for the TTM shall i nclude the obligation of the HOA to continuously maintain and/or pay for the ongoing maintenance and expense s of the landscaping and irrigation improvements on the entire TTM McCallum Way frontage and within the retention basin.

4. 12 Approval of this T TM sh all not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless spe cifically identified in the following Conditions of Approval.

4. 13 The Applicant shall reimburse the City, within thirty (30) days of presentmen t of the invoice, all costs and actua l attorney’s fees incurred by the City Attorney to prepare, review, negotiate a nd/or modify any documents or instruments required by these conditions and/or subsequent modification requests to these Conditions of Approv al. T his obligation shall be paid in the time noted above without deduction or offset and Applicant’s failure to mak e such payment shall be material breach of the Conditions of Approval.

4. 14 The Applicant shall reimburse the City, within thirty (30) days of p resentment of the invoice, all cost a nd actual consultant’s fees in curred by the City for engineering, surveying and /or any other technical consultants to review 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 m ake such payment shall be material breach of the Conditions of Approval.

4. 15 The Applicant shall reimburse the City, within thirt y (30) days of presentment of the invoice, all actual costs incurre d by the City for Engineering, Planning and/or Building Departm ent reviews and/or modify any documents or instruments required by these conditions and/or subsequent modification requests. T his obligation shall be paid in the t ime noted above without deduct ion or offset and Applicant’s failure to make suc h payment shal l be material breach of the Conditions of Approval.

PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS

4. 16 Prior to issuance of any permit (s), the Applicant shall acquire or c onfer easements and other prop erty ri ghts necessary for the construction or pro per functioning of the proposed TTM. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City fo r emergency services and for maintena nce, construction, and reconstr uction of essential improvements.

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4. 17 Pursuant to t he aforementio ned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed TTM, not limited to access rights over p roposed and/or existing private streets that access public streets and open space/drainage facilities of all phases of the TTM. Specifically:

i. If a pplicable, wh ere utility easements exis t where the proposed parcels are to be created and i n accordance with the provision s of the State Subdivision Map Act and prior to FTM approval, these easements shall either be quitclaimed or terminated by the ir owner s, or the Director of Engineering/Public Works shall be provided with “non-interference” letters from the ea sement owners stating that the Applicant’s proposed TTM will not interfere with their easements.

ii. A Maintenance Covenant, as described in it em 4. 11., shall be included within the City approved CC and Rs for the TTM which will be recorded on the parcel subj ect to the app roval of the Director of Engineering/Public Works.

iii. A Street Light Covenant, as described in item 4.24.A., shall be included within the City approved CC and Rs for the TTM which will be recorded on the parcel subject to the approval of the Director of Eng ineering/Public Works.

iv. A Drainage System and Basin Covenant, as described in item 4.25.B., shall be included within the City approved CC and R s for the TTM which will be recorded on the parcel subject to approval of the Director of Engineering/Public Works.

4. 18 The Applicant shall retain for private use on the FTM all private street rights -of- way, pa rking lots, access ways, entry p oints an d rights of way in c onformance with the City’s General Plan, Municipal Code and/or as required by the Director of Engineering/Public Works.

4. 19 The Applicant shall construct the following private street rights -of-way to be retained for private use:

A. Private Streets and/or Driveways On-Site within the TTM gates.

1) Private streets are designated as local (residential) streets.

2) Entry drives, interior circulation routes, corner cutbacks, dedicated turn lanes and other features shown on the T TM, may require additional street widths as may be determined by the Director of Engineering/Public Works.

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3) TTM Main Entry Driveway – Entry driveway extending north of M cCallum Way as shown on the TTM and as part of these conditions of approval.

a) Gated entry shall provid e for ve hicle stacking capacity for inbound traffic to be a minimum length to accommodate two (2) vehicles from the call box to the public street right of way ; and shall provide for a full turn ar ound outlet for non -accepted veh icles. If the stacking is encroaching within the public street area, vehicle stacking within the public right of way will be subject to approval and permit as approved by the Director of Engineering/Public Works.

b) For the proposed gated entry, the Applic ant shall submit a detailed exhibit at a scale of 1” = 10’, demonstrating that those passenger vehicles that do not gain entry into the development can safely make a full turn-around (minimum radius to be 24 feet) out and southbound to McCallum Way from the gated entry. The turn -around clear opening shall be a minimum of twenty -five feet wide or as approved by the Director of Engineering/Public Works.

c) Two lanes of traffic shall be provided on the entry side of the gated entry; one lane shall be dedicate d for residents and one la ne f or visitors. The two travel lanes shall be a minimum of 2 2 feet of total paved roadway surface or as appro ved by the Cathedral City Fire Department and the Director of Engineering/Public Works.

d) Applicant shall construct the above access during construction, in the location of the proposed roadway , which will allow for emergency services only, with al l appurtenan ces, gating an d surfacing approved by the Cathedral City Fire Department and the Director of Engineering/Public Works.

e) On the TTM Main Entry Road Driveway where no parking is allowed “red” curb (no parking) painting will be applied as approved by the Director of Engineering/Public Works.

4) TTM Main Road – Private residential street measured property line to property line shall have a 33-foot width, curb to curb shall have a 3 3-foot width and a 10 -foot Pub lic Utility Eas ement behind the curb within the property; with parking allowed on one both sides of the street as shown on the TTM and as part of these Conditions of Approval.

a) On the TTM M ain Road where no parking is allowed, specifically, and not limited to, the entry gate area (ingress and egress) and fire hydrants areas “red” curb (no parking) pai nting will be applied as approved the Director of Engineering/Public Works.

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5) Any r estricted street parking designated within t he TTM and by these Conditions of Approval shall accommodate parking for residents and visitors. The Applicant shall establish provisions for ongoing enforcement of the parki ng restrictions in the CC&Rs. The CC&R s shall be reviewed by the Engineering/Planning Department prior to recordation of the FTM.

6) The Dead End and/or cul -de-sac on the private residential street shall incorporate signing, striping and/or an y required improvements to minimize turn ing conflicts, as may be determ ined necessary by the Director of Engineering/Public Works.

7) Curve Radii for curbs at all s treet intersections shall not be less than 25 feet or as shown on the TTM and as part of these Conditions of Approval.

4. 20 The Applicant shall design private residential street pavement sections using Cal Trans’s design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic ).

Minimum structural sections, with asphalt placed in two lifts, shall be as follows:

Private Residential 3.0” a.c./4.5” class II base.

4. 21 The Ap plicant shall install curb and gutter, which will convey water without ponding, and provide lateral containment of dust and resi due duri ng street sweeping operations, subject to the approval of the Director of Engineering/Public Works.

4. 22 The Applicant shall construct all private streets, parking areas, drive aisles, curbs and gutters, sidewalks and driveways to uniformly connect to existing adjacent public and/or private improvements within and adjacent the TTM as shown on the Site Plan to the satisfaction of the Director of Engineering/Public Works.

4. 23 The Applicant shall construct all appurtenant roadway components such as, but not limited to, curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs to the satisfaction of the Director of Engineering/Public Works.

4. 24 The Applicant shall coordinate and pay all cost necessary for the installation of the below detailed Cathedral City /SCE approved LED streetlight with SCE; and pay all related exp enses, inc luding the monthly electrical expense , for the streetlight installed prior to the issuance of the first COO . The Applicant shall execute a St reet Light Covenant with the City to be reviewed by the City Engineer prior to recording. The CC&R s for the TTM shall require the HOA to take over the Street Light obligation.

A. Install one (1) 5,800 lumen LED streetlights per Cathedral City and SC E Standards along the TTM’s McCallum Way frontage with final location to be approved by the Director of Engineering/Public Works.

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4. 25 The Applicant will design and install stormwater drainage facilities:

A. Within the TTM the Applicant will design facilities to capture all onsite nuisance and stormwater per Cathedral City Munic ipal Code requirements and other conditions specified herein; and install TTM breakout water facilities to McCallum Way, to the satisfaction of the Director of Engineering/Public Works.

B. The Appli cant shall offer for dedication to the City those easements necessary for access to drainage facilities and basins, by sep arate instrument. The Applicant and/or Owner is required to execute a Drainage System and Basin Covenant with the City prior to issua nce of the Grading Permit.

C. The Applicant shall construct an approved 6-foot-high tubular steel fence on top of a re taining wall on the south side of the retention basin adjacent to McCallum Way to the satisfaction of the Director of Engineering/Public Works.

4. 26 Block w alls and tubular steel fencing heights, as shown on the TTM a re for reference only. All walls and/or fences will be required to have a finished surface elevation to the top of wall/fence height of 6-feet on the shortest side.

4. 27 If appli cable, d edications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnout s, and other f eatures contained i n the approved construction plans.

4. 28 When the Director of Engineering/Public Works determines that access ri ghts to the proposed street rights -of-way shown on the approved TTM are nece ssary prior to approval of the Final Map dedicating su ch rights -of-way, the Applicant shall grant the necessary rights-of-way within 60 days of a wr itten request by the City.

4. 29 The Applicant shall offer for dedication on the Final Map, a public utility easement contiguous with, and along both sides of all private streets.

4. 30 If applicable, the Applicant shall offer for dedication to the City those ease ments necessary for the placemen t of, an d access to, utility lines and structures, drainage basins and park lands on the Final Map.

4. 31 The Applicant s hall cause all missing property corners and survey monuments within the boundaries of the TTM to be set prior to the final acceptance of the TTM improvements in accordance with the Subdivision Map Act.

4. 32 The Applicant shall furnish proof of easements, or wr itten permissi on, as appropriate, from those owners of all abutting pro perties on w hich, an d n ot limited to , grading, wal l cons truction, retaining w all construct ion, permanent

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slopes, street imp rovements, sidewalks, driveways, utility relocations , other encroachments and other construction activities will occur.

A. Further, all abutting properties disturbed by the Applicants and not limited to, grading, wall constru ction, retaining wall construction, permanent slopes, street imp rovements, sidewalks, drivew ays, utility r elocations, other encroachments and other construction activities performed by t he Applicant, will b e restored to original and/or im proved con ditions subject to the prior review and approval of the Director of Eng ineering/Public Works and/or Director of Planning/Building.

4. 33 The Applicant shall cause no easement to be granted, o r recorded, over any portion of the subject property between the date of approval of the TTM and the date of recording of any FTM, unless such easement is ap proved by the Director of Engineering/Public Works.

4. 34 The Applicant will coordinate all pr ivate roadway improvements and drive way transitions with the adjacent p roperty owners (pub lic and/or private) and coordinate relocation of fire hydrants, water me ters and all o ther appurtenances as required to the satisfaction of the Director of Engineering/Public Works.

4. 35 Improvements shall be designed an d cons tructed in acco rdance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Engineering/Public Works.

4. 36 Improvements shall be subject to City requ irements for i nspection during construction.

4. 37 The Applicant shall b e respon sible for the vac ation, quitclaim or granting of easements that addre ss changes in the existing easements ov er the propose d TTM that may be affected by proposed improvements. Pursuant to this Condition, the Applicant shall apply to the City for an y street vacation request of public right -of-way and/or utility easements. T he Applicant must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of eas ements and/or facilities as required by all affected utility purveyors over the public rights-of-way and/or utility easements, or as approved by the Director of Engineering/Public Works. Typically, the right -of- way vacation process is up to three (3) months.

4. 38 The City will conduct final inspections of structures only when the buildings have improved street and sidewalk acce ss to streets. The improvements shall include required traffic control devices, pavement markings and street name signs

PUBLIC IMPROVEMENTS

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4. 39 The Applicant shall construct and dedic ate the following streets and street improvements to confor m to the General Plan and/or requirements of the TTM’s traffic requirements.

A. PUBLIC STREETS

1) McCallum Way – Public roadway as shown on th e TTM and per these Conditions of Approval shall include the following:

a) McCallum Wa y is a public roadway and is designated as a Local Collector with a 60-foot ROW.

b) McCallum Way measured at curb to curb shall be 40-foot in width.

c) Construct full north half crowned street improvements (including street, curb, gutter and sid ewalk) on McCallum Way from the existing adjacent street improvement s on the eas t, along the entire fro ntage of the TTT to approximately 70 feet west of the west b oundary of the TTM.

d) The Applicant will coordinate all public and private roadwa y improvements, driveway transitions and coordinate relocation of fire hydrants, water meters, storm drains and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.

e) Construct all street, curb and gutter to uniformly conn ect to existing adjacent improvements south, east and to approximately 70 feet west of the TTM along McCallum Way to the satisfaction of the Director of Engineering/Public Works.

f) Street shall have Type A-6 curbs per County of Riverside (RC) Standards (locations to be approved b y the Director of Engineering/Public Works ), which will convey water wit hout p onding, and provide lateral containment of dus t and residue during street sweeping operations.

g) Construct a 6-foot-wide offset concrete sid ewalk pe r RC Standards, with all requi red ADA ramps and utility offsets, from the existing adjacent sidewalk on the east, along the entire frontage of the TTT to approximately 70 feet west of the west boundary of the TTM to the adjacent sidewal k to the wes t as approved by the Director of Engineering/Public Works.

h) Construct all appurtenant roadway components such as, but not limited to, curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs to the satisfaction of the Director of Engineering/Public Works.

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i) Construct a stormwater retention basin breakout under sidewalk drain on the north side of McCallum Way located near the east portion of the frontage of the TTM to the satisfaction of the Director of Engineering/Public Works.

4. 40 The Applicant shall design str eet pavement sections using Cal Trans’s design procedure for 20 -year life pavement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections, with asphalt placed in two lifts, shall be as follows:

Local Collector 4.0” a.c./5.0” class II base.

4. 41 Right-of-Way geometry for property line c orner cutbacks at curb returns shall conform to RC Standard Drawing #805 u nless otherwise approved by the Director of Engineering/Public Works.

4. 42 Improvements shall be designed and constructed in a ccordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Engineering/Public Works.

4. 43 Applicant will remove all existing lan dscaping, monuments and/or structure s that the Director of Engineering/Publi c Works determines to impair vehicle, b icycle and/or pedestrian line-of-sites along all the frontages associated with this CUP.

4. 44 All public and priv ate improvements sh all be subject to City requirements for inspection during construction.

4. 45 The City will conduct final inspections of structures only when the buildings have improved street and sidewalk access to publicly ma intained streets. The improvements shall include r equired traffic control devices, pavement markings and street name signs. If streets in residential developments are initially constructed with part ial pavement thickness, the Applicant shall complete the pavement prior to the final COO of any of the last structures in the TTM.

IMPROVEMENT PLANS

As used throughout these Conditions of Appro val, professional titles such as “engineer,”’ “surveyor,” and “architect,” refe r to persons currently certified or lic ensed to practice their respective professions in the State of California.

4. 46 Improvement plans shall be prepared, for each phase, by or und er the direct supervision of qualified engineers and/or architects, as appropri ate, and shall comply with all requirements of the City of Cathedral City.

4. 47 The following imp rovement plans, for each phase, shall be prepared and submitted for review by the Engineering Department. A separate set of plans for

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each line item specified be low, for each phase, shall be prepared. The plans shall util ize the minimum scale specified, unless authorized by the Director of Engineering/Public Works . Plans may be prepar ed at larger scale if additional detail or plan clarity is desired.

NOTE: E ngineering Site Plans will be prepared by a Civil Engineer li censed to practice their profession in the State of California.

NOTE: The Applicant may be required to prepare ot her improvement plans not listed here pursuant t o improvements required by othe r agencies and utility purveyors.

A. On-Site Rough Grading Plan 1” = 40’ Horizontal
B. PM 10 Plan 1” = 40’ Horizontal
C. Erosion Control Plan 1” = 40’ Horizontal
D. WQMP (Plan submitted in report form)

NOTE: A through D to be submitted concurrently.

NOTE: Rough Grading Plan shall n ormally include perimeter wall with To p of Wall and Top of Footing ele vations shown. All footings shall have a minimum of 1 -foot of cover, or sufficient cover to clear any adjacent obstructions.

E. Precise Grading Plan 1” = 40’ Horizontal
F. On Site Storm Drain Plan 1” = 40’ Horizontal
G. Street Improvements Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical H. Street Signing/Striping Plan 1” = 40’ Horizontal
I. Signal Plan (N/A) 1” = 40’ Horizontal
J. Monumentation Plan 1” = 40’ Horizontal

NOTE: E through J to be submitted concurrently.

NOTE: Precise Grading Plan sha ll normally include peri meter wall with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1 -foot of cover, or sufficien t cover to clear any adjacent obstructions.

NOTE: The street improvemen t plans shall show t he sidewalk in the combined parkway and landscape setback area.

NOTE: Separate Storm Drain Plan if applicable and/o r required by Director of Engineering/Public Works.

Other engineered improveme nt plans prepa red for City approval that are not listed above shall b e prepared in formats ap proved by the Director of Engineering/Public Works prior to commencing plan preparation.

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All Plan and Profile Street Plans and Sign ing and Striping plans shall sh ow all existing improvements for a distan ce of at least 200 -feet beyo nd the Project limits, or a distance sufficient to show any required design transitions.

All Signing and St riping Plans shall show, at a minimum; Stop Sign s, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (R PMs) (including Blue RPMs at fire hydrants) and Street Name Signs per Cathedral City Standard Plans and/or as approved by the Director of Engineering/Public Works.

“Rough Grading” plans shall normally include perimeter wall with Top of Wall and Top of Footing elevations shown. All footings shall have a mi nimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.

4. 48 The Applicant shall furnish accurate mylars of al l improvement plans and the FTM, to the Director of Engineering/Public W orks for approval. The FTM, shall be of a scale approved by the Director of Engineering/Public Works.

4. 49 The Applicant shall furnish a c opy of all approved improvement plans and recorded FTM, on an electronic storage media acceptable to the Director of Engineering/Public Works.

4. 50 Upon completion of constructi on of each phase, and prior to final acceptance of the improvements by the City, th e Applicant shall furnish the City with reproducible record drawings, for each p hase, of all improvement plans which were approved by the Cit y. Each sheet shall be clearly marked “As Built” and shall be stamped and signed by the engineer or surveyor certi fying to the accuracy and completeness of the dra wings. The applicant shall hav e all approved Mylars previously submitte d to the City, revis ed to re flect the as -built conditions. The applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the E OR can make site visits in supp ort of preparing “As Built”. However, if subsequent approved revisions have been approved by the Director of Engineering/Public Works and reflect said “As Built” conditions, t he EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal.

IMPROVEMENT SECURITY AGREEMENTS

4. 51 Prior to approval of the FTM, the Applicant shall construct and dedicate all on and off-site improvements and satisfy its obligations for same or shall furnish a fully secured and executed Subdivision Agreement guaranteeing the construction of such improvements and the sa tisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City.

4. 52 Prior to FTM app roval the Applicant shall submit for review and City approval Covenants, Conditions and Restrictions (CC&Rs) for the future maintenance and upkeep of (and not limited to) site maintenance (Maintenance Covenant), street lighting (Street Light Covena nt), landscaping improvements, hardscape

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improvements, retention basin improvements and TTM permanent site BM P appurtenances (Water Quality Management Plan Covenant). Once approved by the City, Applicant shall execute CC&Rs.

4. 53 Any Subdivision Agreement e ntered into by and between the Applicant and the City of Cathedral City, for the purpose of guarantee ing the completion o f any improvements related to this TTM, shall comply with all applicable City Codes and Ordinances.

All required improvement securiti es shall be in a form and amount as appr oved by t he City Attorney and Director of Engineering/Public Works. Evidence of liability and workers compensation insurance covera ge shall be submitted as required by the terms of the Subdivision Agreement.

4. 54 The Applicant shall submit the applicable fees for the cost of reviewing Subdivision Agreement(s), CC&Rs, M ap Extensions, Covenants, WQMP and/or any other requests or form submittals made by the Applicant related to this TTM.

4. 55 Improvements to be made, or agreed to be made, shall include the removal o f any existing structures or other obstructions which are not a part of the proposed improvements and shall provide for the setting of the final survey monumentation.

When imp rovements are phased through a “Phasing Plan,” all improvements (e.g., backbone utilities, retention basins, perimeter wall, landscaping and gates) shall be co nstructed, or secured through a Subdivision Agreemen t, prior to FTM approval or as otherwise approved by the Director of Engineering/Public Works.

Improvements and obligations required of each subsequent phase shall be either complete, or secured through a Subdivision Agreement, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the Director of Engineering/Public Works.

In the event the applicant fails to cons truct th e improveme nts for the development or fails to satisfy its obl igations for the development in a tim ely manner, pursuant the approved phasing plan, the City shall have the right to halt issuance of permits, and/or final inspections, withhold other a pprovals related to the development of the project, or call upon the s urety to complete the improvements.

4. 56 Depending on the timing of the development of this TTM, and the status of the improvements at t he time, or if the Applicant desires to record the TTM in increments the Applicant may be required to:

A. Construct certain im provements outside of the constructio n phase o r Map increment.

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B. Construct additional improvements, subject to the reimburseme nt of i ts cost by others.

C. Reimburse others for those improve ments pr eviously c onstructed that are considered to be an obligation of this TTM.

D. Secure the costs for future improvements that are to be made by others.

E. To agree to any combination of these means, as the City may require.

In the event that any of the i mprovements requir ed for this development are constructed by the City, the Applicant shall, prior to the approval of the Final Map for each phase, or the issuance of any permit related thereto, r eimburse the City for the costs of such improvements.

If the Applicant elects to utilize the secured agreement alternative, the Ap plicant shall submit detailed const ruction cost estimates for all proposed improvements for each phase, or map increment, including an estimate for the final survey monumentation, for checking and approval by the Director of Engineering/Public Works. Such estimates shall conform to the uni t costs schedule as approved by the Director of Engineering/Public Works.

At the time the Applicant submits its detailed construction cost estimates f or approval of the Final Map by the City Council, the Applicant shall also submit one copy each of an 8 -1/2” x 11” reduction of each page of the Final Map, along with a copy of an 8-1/2” x 11” Vicinity Map.

Estimates for improvements under the jurisdictio n of oth er agencie s shall be approved by those agencies and submitted to the City along with the Applican t’s detailed cost estimates.

Security will not be required for telephone, natural gas, or Cable T.V. improvements.

4. 57 The Applicant shall provide securi ty to gu arantee the final monumentation of the TTM. All securities fo r final survey monumentation will b e in the fo rm of 100% cash deposits.

GRADING

4. 58 The Applicant shall comply with all the p rovisions of Cathedral City Municipal Codes and Ordinances.

4. 59 The Appl icant shal l obtain a Grading Permit approved by the Director o f Engineering/Public Works prior to initiating any construction or on the project site.

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4. 60 To obtain an approved Grading Permi t, the applicant shall submit and obtain approval of all of the following:

A. A G rading Plan prepared by a civil engineer registered in the State of California,

B. A preliminary geo technical (“Soils”) Report prepared by a professional registered in the State of California,

C. A Fugitive Dust Control Plan prepared in accor dance wi th City of Cathedral City requirements,

D. An Erosion Control Pl an prepared in accordance with City of Cathedr al City requirements,

E. A Best Management Practices report prepared in accordan ce with Cathedral City requirements (NPDES Stormwater Dischar ge Permi t and Stor m Management and Discharge Controls),

F. A WQMP prep ared by an authorized professional registered in the State of California, and

4. 61 All grading shall conform with the recommendat ions contained in the Preliminary Soils Report, Phase 1 Envir onmental Assessment report (if applicable) and shall be certified as being adequate by the soils engineer, or engine ering geologist registered it the State of California.

4. 62 A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health and Safety Code § 17953 and California Government Code § 66490.

4. 63 The Applicant shall furnish security, in a form accept able to the City, and in an amount suff icient to guarantee com pliance with the approved Fugitive Dus t Control Plan provisions as submi tted with its application for a grading permit.

Additionally, the applicant shall replenish said security if expended by the City of Cathedral City to comply wi th the Plan as required by the Director of Engineering/Public Works.

4. 64 The Applicant shall submi t a deposit to stockpile on the site in conformance with CC Ordinances and Standar ds. The deposit shall be released back to the Applicant when all applicable gr ading deposits have bee n received and a Grading Permit is issued.

4. 65 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion o f such land. All open graded, undevelop ed land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.

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4. 66 Grading within the parkway areas shall conform to Cathedral City requirements except as o therwise modified by this condition. T he maximum slope shall not exceed 3:1 anywhere in the landsca pe setback area, except for the ba ck slope (i.e., the slope at the back of the landscap ed lot) which shall not excee d 2:1 if fully planted with ground cover. The maximum slope in the first six ( 6) feet adjacent to the curb shall not exceed 4:1 when the ne arest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway ar eas adjacent to the curb shall be depr essed one and one -half i nches (1.5”) in the first eighteen in ches (18 ’) behind the curb.

4. 67 Building pad elevations on the Grading or Precise Grading Plan submitted for Director of Engineering/Public Works’ approval shall conform to the pad elevations shown on the TTM, unless the pad elevations have ot her requirements imposed elsewhere in the Conditions of Approval.

4. 68 Building pad elevations of perimeter lots shall not diff er by m ore than one foot higher from the building pads in adjacent development. The Applicant shall minimize the differences in ele vation between the adjo ining properties and the lots within this development.

House pad elevations on contiguous interior lots sh all not differ by more than three feet except for lots that do not share a comm on street frontage, where the differential sha ll not exceed f ive feet or as approved by the Director of Engineering/Public Works.

4. 69 Prior to any site grading or re -grading that will raise or lower any portion of the site by more than plus or minus half of a foot (0.5’) from the elevation shown on the approved TTM, th e Applicant shall submit the proposed grading change s to the Director of Engineering/Public Works for a substantial conformance review.

4. 70 Prior to the issuance of a Building Permit for any buildin g lot, the applicant shall provide a lot pad c ertification st amped an d signed by a qualified engineer or surveyor with applicable compaction tests and over excavation doc umentation.

Each pad certification shall list the pad elevation as shown on the appro ved grading plan, the actual pad elevation and the difference between the two, if any.

Such pad certification sh all also list the relative compaction of the pad soil. T he data shall be organized by lot number and listed cumulatively if submitted at different times.

4. 71 This TTM shall comply with the Ca thedral City Fl oodplain Management Ordinance. If any portion of an y proposed building lot in the development is or may be l ocated within a flood hazard area as identified on the City’s Flood Insurance Rate Map s (FIRM Maps), the development shall be graded to ensure that all floors and exterior fill (at the foundation) ar e above the level of the project (100-year) flood and bui lding p ads are compacted to 95% Proctor Density as

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required in Title 44 of the Code of Federal Regulations, Section 645.5(a) (6).

Prior to issuanc e of bui lding permits for lots which are so located, the Applicant shall furnish Elevation Certifications, as required by FEMA, that the above conditions have been met.

DRAINAGE

4. 72 Stormwater ha ndling shall conform to the approved Hydrology and Drainage report for the TTM. The design of the development shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.

4. 73 Stormwater and nuisance water (drai nage) for the TTM shall be retained on site and shall be disp osed of in an approved manner. Nuisan ce water shall be disposed of via on -site storm drains, catch basins, u nderground percolation piping and retention basin(s) (as shown on the TTM) as approved by the Director of Engineering/Public Works.

4. 74 All drainage w ater sha ll be conveyed underground or to the satisfaction of the Director of Engineering/Public Works.

4. 75 Storm water drainage historically received from adjoining properties shall be received and retained and/or passed though into the histori c downstream drainage relief route.

4. 76 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Stormwater Discharge Permit; Riverside County Ordinance No. 457; the Californian Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Regional Board Order No. R7 -2013-0011 and the State Water Resources Control Board’s Order No . 2009 -0009-DWQ as amended by Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.

A. For post -construction urban runoff from New Development and Redevelopment Projects, the applicant shall implement requirements of the NPDES permit for the design, construct ion and the CC&R s for the per petual operation and maintenance of BMPs per the appr oved Water Quality Management Plan (WQMP) for the project as requi re by the California Regional Water Quality Control Board – Colorado River Basin (CWQRCB - CRB) Region Board Order No. R7-2013-0011.

B. The Applicant shall implement the WQMP Design Standards p er (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPS approved by the Director of Engineering/Public Works.

UTILITIES

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4. 77 The Applicant shall obtain the approval of the Director of Engineering/Public Works for the location of all utility lines within any right-of-way, and all above - ground utility str uctures including, but not limited t o, traffic signal cabinets, electrical vaults, water valves, and telephone stand s, to ensure optimum placement for practical and aesthetic purposes.

4. 78 Any existing overhead u tility lines within, or adjacent to the propose d development, and all proposed utilities shall be installed underground per Chapter 8.30 of the CC Municipal Code.

4. 79 Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the A pplicant shall comply with trench restoration requirements required by the Director of Engineering/Public Works.

4. 80 The Applicant shall provide certified report s of all utility trench compaction for approval by the Director of Engineering/Public Works.

4. 81 All lots within the TTM shall be served with a gravity sanitary sewer system, a domestic water system and a fire protect ion system i n accordance with CVWD and Cit y of Cathedral City Fire Department requirements an d standards.

Applicant shall pay to the City a nd CVWD all applicable sewer and water service charges, capacity charges and construct ion reimbursements to ensure a ll services are complete, in place and ope rational prior to the respective COO being issued.

4. 82 The Applicant shall abandon or relocate exis ting easements over the TTM prior to recordation of the FTM as required by the agency and/or individual favored and as approved by the Director of Engineering /Public Works. Additionally, the Applicant shall r elocate existing utility facilities that are re quired b y all utility purveyors prior to issuance of the first building permit or as a pproved by the Director of Engineering/Public Works.

SECTION 5 FIRE PROTECTION

This project has been reviewed as a/an “R-3” type occupancy community consisting of 14 new single family homes. Any other use will require further review.

Unless specifically stated herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes a nd ordinances adopted by this ju risdiction. Please contact the City of Cathedral City Fire Department for any questions regarding compliance with the applicable codes or following conditions:

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Note: All references to the 201 9 California Fire Code are show n as CFC, the 201 9 California Building Code is shown as CBC and the California Code of Regulations are shown as CCR.

AGENCY APPROVALS

5. 1 The final Conditions of Approval for this project shall be included in any site plan or construction plans submitted for permit issuance. Plans will not be approved without reference to these “conditions”.

5. 2 This project is subject to review and approval in accordance with the CCR, Title 19 for Fire and Life Safety. Thi s project may be subject to an annual inspection and permit from the Cathedral City Fire Department for this type of occupancy (use).

HYDRANTS AND FIRE PROTECTION SYSTEMS

5. 3 Public fire hydrants shall be provided where required and in compliance with Chapter 5 of the 2019 CFC, and Cathedral City Development Guidelines.

5. 4 NFPA 13D residential aut omatic fire sprinkler systems are required in all new homes, and shall be in compliance with Chapter 9 of the 2019 CFC, and Cathedral City Development Guidelines . Fire service water supply and sprinkler plans shall not be d eferred submittals unles s otherwise approved by the Fire Chief.

FIRE DEPARTMENT (F.D.) ACCESS

5. 5 Public or Private streets adjacent to and around the new single -family homes shall be a minimum of 20 feet of unobstructed width with a turning radius of 15 feet inside and 35 feet outside for fire apparatus.

5. 6 Prior to final inspection, addresses and building numbers shall be provided on all buildings in accordance with Chapter 5 of the 2019 CFC.

5. 7 Residential complexes using secured automated vehicle entry gates o r entries shall utilize a traffic pre-emptive strobe-activated switch and/or an approved Knox key electric switch in compliance with Cathedral City Fire Department Development Guidelines Section 6.3.3 . Gate arms securing parking lots and parking structures shall be equipped with a fire department approved dual-keyed Knox key electric switch. When activated, the arm or arms shall open to allow fire and law enforcement access.

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SECTION 6 BUILDING DEPARTMENT

6. 1 Project shall comply with t he 2013 California Building Standards Code ( Title 24, California Code of Regulations) and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security

6. 2 As applicable, automatic fire sprinkler systems shall be installed in all new construction as per Chapter 9 of the California Building code and per City Ordinance. Design and type of system shall be based upon the requirements of the California Building Code, the California Fire Code and the requirements of the Fire Department.

6. 3 Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with the City of Cathedral City requirements.

6. 4 All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the property line. In any case, the outer/exterior face of the wall shall be withi n two (2 ) inches of the property line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case -by-case basis for extenuating circumstances.

6. 5 All property lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non -conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.

6. 6 The Tract Map shall record prior to the issuance of any permits.

6. 7 The grading permit shall be issued prior to , or concurrently with , the building permits.

6. 8 All signs shall be Underwriters Laboratories approved or the equivalent.

6. 9 Permits issued by the Building Departmen t are required prior to the remo val and/or demolition of structures.

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6. 10 All exterior lighting shall be orientated, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

6. 11 Prior to any building ins pection, the following i nformation shall be submitted to the Building Department:
a. A Pad Certification from the civil engineer of record that certifies the pad elevation is consistent with the approved grading plan; b. A Form Certification from the civ il engineer of record that certifies the building concrete forms have been placed to conform with the required setbacks as per the approved site/grading plan; and
c. A compaction Report from a geotechnical testing firm that certifies the site has been compacted to comply with the approved soils/geotechnical report.

6. 12 If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials may be requ ired. This report shall be prep ared by a qualified person, firm, or corporation and submitted to the Building Department.

This report shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their q uantities, classificatio ns, and the effects of any chemical (material) inter -mixing in the event of an accident or spill.

SECTION 7 RIVERSIDE COUNTY AIRPORT LAND USE COMPATABILITY

7. 1 Any outdoor lighting installed shall be hooded or shielded to prevent eithe r th e spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.

7. 2 The following uses shall be prohibited:
a. Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airpor t op erations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA -approved navigational signal light or visual approach slope indicator.
b. Any use which would c ause sunlight to be reflected towards an aircr aft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which would genera te s moke or water vapor or w hich would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, outdoor production or cereal grains, sunf lower, and

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row crops, ar tificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, and construction and demolition debris facilities.)
d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.

7. 3 The attached “Notice of Airport in Vicinity” shall be provided to all potential purchasers of the lots and to the tenants of the homes thereon, and shall be recorded as a deed notice.

7. 4 Any new de tention basins on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, but not more), and to remain totally dry between rainfalls. Vegetation in an d around the detention basin(s) that would provide food or cover for bird species that would be incompatible with airport operations shall not be utilized in project landscaping.

Approved for Planning Entitlements by the Cathedral City City Council on January 26, 2022.

Attest:

________________________ ___________________________
Brenda Ramirez Applicant
Associate Planner

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Attachment: Attachment 1 - Conditions of Approval (3100 : Tentative Tract Map 38137) McCALLUM WAY

FOMOTORENGINEERINGTENTATIVEPRELIMINARYTRACT MAP NO. 38137 “” “” “” ’ ” ’ ” ’ ” “” ’ ”
MARY BOCTORAPN 677-510-051VACANTZONE: RR
TREALA M BERTOLDO/ MONTE J BERTOLDO67717 ELIZABETH RD.EXISTING RESIDENCEZONE: RLAPN 677-610-042(FF386.84) MANIK MARY MORLIAN67735 ELIZABETH RD.EXISTING RESIDENCEZONE: RLAPN 677-610-041(FF386.47) MICHAEL J BRESS /LARRY D BROWN67757 ELIZABETH RD.EXISTING RESIDENCEZONE: RLAPN 677-610-040(FF386.22) ANAHIT MURADYAN67775 ELIZABETH RD.EXISTING RESIDENCEZONE: RLAPN 677-610-039(FF387.48) ROCKY GLENN PATTERSON/ AUDREY LYNN PATTERSON67803 ELIZABETH RD.EXISTING RESIDENCEZONE: RLAPN 677-610-004(FF385.29) JOHN T BONDEHAGEN /SHANNON D BONDEHAGEN67864 PEGGY CT.EXISTING RESIDENCEZONE: RLAPN 677-610-007(FF383.05) EDWARDS FRAZIERDOROTHA A & KIM TRUSTEDWARDS FRAZIER KIM67822 PEGGY CT.EXISTING RESIDENCEZONE: RLAPN 677-610-008(FF383.28) GREG T HANSEN /STANTON LEE KERNAN67819 PEGGY CT.EXISTING RESIDENCEZONE: RLAPN 677-610-009(FF383.59) ROBERT C CIENKUS /PATRICIA M CIENKUS67824 MCCALLUM WAYEXISTING RESIDENCEZONE: RLAPN 677-610-013(FF381.69) KENNETH L MURACO /JAMES G PFEIFER67827 PEGGY CT.EXISTING RESIDENCEZONE: RLAPN 677-610-010(FF382.75) KHANH VAN VANNGUYEN /QUYEN CAM NGUYEN67798 VIA SEGUROEXISTING RESIDENCEZONE: RRPAUL J KRAJESKI67796 VIA SEGUROEXISTING RESIDENCEZONE: RRTHOMAS M MADISON JR67794 VIA SEGUROEXISTING RESIDENCEZONE: RRSEGURO67792 VIA SEGUROEXISTING RESIDENCEZONE: RRCOLIN MISCHA LIND /LIND ILONA MARIE DAHLKE67790 VIA SEGUROEXISTING RESIDENCEZONE: RR LOT 149,015 SFPAD 381.7
LOT 1311,104 SFPAD 382.2
LOT 111,210 SFPAD 381.7
LOT 1210,410 SFPAD 382.6
LOT 1110,006 SFPAD 382.9
LOT 108,149 SFPAD 383.0
LOT 911,157 SFPAD 383.5LOT 88,633 SFPAD 383.5
LOT 29,534 SFPAD 382.2
LOT 310,441 SFPAD 382.6
LOT 410,041 SFPAD 382.9
LOT 58,173 SFPAD 383.0
LOT 78,620 SFPAD 383.5LOT 611,141 SFPAD 383.5
LOT ARETENTION7,267 SF

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Public Hearing Notice for an Appeal Review of
Planning Commission’s Approval of
TTM No. 38137 Notice of Availability for Public
Review and Environmental Determination

Notice is hereby given that the City Council of
Cathedral City will hold a Public Hearing on the
Appeal review of Planning Commission’s
Approval of the following:

CASE(S)
Tentative Tract Map No. 38137

APPLICANT/REPRESENTATIVE
Jim Shute

PROPOSAL
Request to subdivide an approximately 3.74-acre
residential parcel into 14 residential lots and a common lot for retention purposes in the R1 (Single -Family
Residential) Zoning District.

LOCATION
Between Elizabeth Road and McCallum Way
approximately 660 feet west of Landau Boulevard
(Assessor’s Parcel No. 677-610-037)

ENVIRONMENTAL DETERMINATION
The Project is exempt from the California Environmental Quality Act (CEQA) per Section No. 15332, Class 32
(In-Fill Development).

All information regarding the proposed project is
available for public review at the City of Cathedral City Civic Center, Planning Department, 68 -700 Avenida
Lalo Guerrero during regular business hours (Monday
through Thursday, 7:00 AM - 6:00 PM).

DATE AND TIME OF HEARING
January 26, 2022 at 6:30 PM, or as soon thereafter as
the matter may be heard

PLACE OF HEARING
Cathedral City Civic Center
Council Chamber
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Due to the COVID-19 pandemic, the City may limit the
ability of interested persons to physically appear at the time and place set forth above and may provide
alternative means for interested pers ons to observe
and be heard cons istent with AB361, or any ot her
Executive Orders tha t may exist at the time of the
hearing. Information on how to observe and participate in the hearing remotely will be published in the agenda for the January 26, 2022 City Council meeting.

Persons may submit written testimony on the proposed
project or environmental determination, which must be
received prior to the close of the public hearing. Please send all correspondence, written testimony or inquiries to the project planner.

The City Council , at the public hearing or during
deliberations, may approve, deny, or propose changes
to the project or to the environmental determination.

If you challenge any of thes e items in court, you may
be limited to raising only those issues you or someone
else raised at the public hearing described in this
notice or in written correspondence delivered to the
City Council at, or prior to, the public hearing. Please send all correspondence to the Project Planner.

For further information, contact the Project Planner at:

Brenda Ramirez, Associate Planner
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0339

NOTE: In compliance with the Americans with
Disability Act, if you need special assistance to
participate in this meeting, please contact the Planning Department at (760) 770 -0340. Notification 48 hours
prior to the meeting will enable the City to mak e
reasonable accommodations to ensure accessibility to
this meeting. {28 CFR 35.104 ADA TITLE II}

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Staff Report

City Council

Item No. 6.B

Meeting Date: February 9, 2022
From: Brenda Ramirez, Associate Planner
Title: Conditional Use Permit No. 19-019

City Council

RECOMMENDATION:

1. Conduct a Public Hearing to consider an appeal of the Plannin g’s Commission’s denial of Conditional Use Permit No. 19 -019 which proposes establishing an event center within a vacant commercial building on Date Palm Drive in the PCC (Planned Community Commercial) Zoning District; and

2. AFFIRM, REVERSE, OR MODIFY, I N WHOLE OR IN PART, the Planning Commission’s decision.

STANDARD OF REVIEW:

Pursuant to Section 2.04.130 of the Cathedral City Municipal Code , an appeal hearing requested by a member of the public is limited to a review of the action by the Planning Commission. The appellant is limited to a presentation on the specific grounds of appeal and has the burden to establish cause as to why the action should be affirmed, reversed or modified. During the hearing, the City Council has the discretion to allow memb ers of the public to speak; however, the Council’s decision should not be based on any new evidence not included in the appeal or in the record of the proceeding before the Planning Commission. After closing the public hearing, the Council should vote to e ither affirm, reverse or modify the Planning Commission’s approval of the Project.

SITE HISTORY:

The project site is located at 35900 Date Palm Drive, at the northeast corner of Date Palm Drive and Gerald Ford Drive, within The Crossroads shopping center, which is currently comprised of six (6) parcels. Four (4) of the parcels are currently owned by the Conditional Use Permit (CUP) applicant, including the existing 80,000 square -foot commercial building, which was formerly occupied by Burlington Coat Factor y, two (2) parking areas and a vacant dirt lot immediately south of the building. The other two (2) parcels are under separate ownership and include an existing restaurant (Casa

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Blanca)/retail building and a bank (US Bank), which are not part of the proposed project.

The previous tenant converted the former K-Mart building into a Burlington Coat Factory through the approval of a CUP No. 07-003, Design Review 07-001 and Tentative Parcel Map No. 35591 on June 6, 2007. During this approval process , the 7.59 a cres were subdivided into the current 4 commercial lots for future commercial development. As conditions of approval, and shown on the approved grading plan, a number of on - and off-site improvements were required including, but not limited to:
• All sidewa lks, ramps, landings and pedestrian paths shall comply with ADA requirements.
• The on -site driveways and parking areas shall be improved with asphalt or concrete paving, curbs, gutters, and appurtenances generally as shown on the approved site plan.
• The driveways to be removed and constructed to current standards. • Install a total of six (6) streetlights that will evenly be distributed on Date Palm Drive and Gerald Ford Drive.
• In accordance with the General Plan, the applicant shall offer an additional 8 feet of right-of-way along Date Palm Drive.

Before all the improvements could be completed , Burlington Coat Factory closed this location in January 2018. The site was subsequently acquired by the applicant and no other licensed business es have occupied the loc ation or entitlements approved in the intervening years.

CONDITIONAL USE PERMIT 19-019:

The applicant, David Herman representing Cathedral City Event Center, submitted a CUP application on November 26, 2019, to establish and operate an event center , including exterior modifications and the construction of an adjacent outdoor parking area at 35900 Date Palm Drive which is located in the Planned Community Commercial (PCC) Zoning District. If approved, the CUP would allow for large scale private events of up to 2,025 attendees, so long as onsite parking is not exceeded (approximately 40 5 parking spaces). Events could take place between the hours of 7am and 1am. Any events exceeding this capacity would require a separate special use permit.

Event centers are not specifically listed as a use in the PCC Zoning District. However, similar uses to those conditionally permitted may be approved by the Planning Commission. Therefore, staff determined the use to be similar to those uses conditionally permitted in the P CC Zoning District and proceeded with the review of the application and project subject to the approval of a CUP by the Planning Commission.

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The current application has evolved over time, and there have been delays in resubmittal of the project, which has delayed the entitlement process. Key dates are represented in the following timeline:

• November 26, 2019 - Original submittal proposed an event center, exterior modifications, and the construction of a parking area on the vacant lot to the south.
• February 4, 2020 – A completeness letter was provided to the applicant. • November 10, 2020 – The applicant resubmitted plans that included a revised floor plan which showed a separate office space area of approximately 25,000 square feet, basketball courts and a dog park within the parking area. • December 10, 2020 – Staff held a conference call with the applicant to discuss the proposed uses and project approval concerns. Staff recommended the project be converted to a Design Review application and obtain approval fo r the exterior improvements while the applicant finalize potential uses for the building. • December 14, 2020 - Applicant sent an email requesting to retrieve submitted plans to replace sheets.
• December 16, 2020 – Project was resubmitted as is being now cons idered, with an event center, outdoor area, basketball courts, new parking area, and fences within the interior of the parking lot.

The plans submitted on December 16, 2020 , were transmitted to the Engineering, Fire and Building departments for review de spite Planning staff’s outstanding completeness letter comments which were dismissed by the applicant. To continue the entitlement process as requested by the applicant, staff proceeded with the review of the project and added conditions of approval to add ress outstanding items from the completeness letter.

Site Plan
The project site is located at the northeast corner of Date Palm Drive and Gerald Ford Drive. The proposed project will maintain the three existing driveways servicing the commercial center, w hich include one along Date Palm Drive and two along Gerald Ford Drive. No changes are proposed to the layout of the existing parking areas or drive aisles. The existing landscape planters along both street frontages of the center will largely remain the same.

The applicant is proposing to construct a 7,860 square -foot patio/garden area on the south side of the existing building, facing Gerald Ford Drive. The proposed patio/garden area will be enclosed with an eight -foot (8) high split face block wall and h ave direct access from the existing building as well as two pedestrian exits to the parking areas.

Each exit will have doors so that the area can be secured when not in use for events.

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Other onsite improvements include the addition of 48 parking spaces, l andscape planters, and light standards on the south side of the building, the stripping and installation of two outdoor basketball courts at the southeast corner of the project site, within the new parking area, and the construction of a four -bin trash enc losure constructed to City standard at the rear of the building.

The project site will have a total of 40 5 parking spaces throughout the site and maintain the depressed loading dock located along the eastern side of the existing building. The loading area will also include a fabric shade sail near the southeast corner of the building. The applicant is requesting to fence most of the parking area, including the basketball courts, which will provide site security during non -events, and control and limit vehic ular access during events. The proposed 8-foot tubular fence exceeds the maximum fence height of 6 feet permitted in the PCC Zone therefore, staff added a condition of approval requiring the approval of a variance application . The Architectural Review Committee recommended that final fence and landscape plans be brought back to the Committee for approval as there were concerns on the height and locations of the fence.

The existing building’s exterior will be retrofitted to have a modern industrial look that will remove the arched building features currently along the north and west elevations.

The building will be repainted in a grey paint scheme that will highlight the building columns with a dark gray (gauntlet gray) paint to contrast the lighter gray (alp aca) paint proposed for the body of the building. The existing main storefront will remain the primary entrance to the building, but the window frames and windows will be squared off to compliment the new modern design proposed for the building.

The site’s desertscape theme will be extended to the new planters and the applicant will be required to refresh the existing landscaping where needed. Staff verified the parking area meets the 50 percent shading requirement and the project is conditioned to meet the required lighting for safety and security in compliance with the CCMC. As such, all new and existing lighting will be downward facing and shielded to avoid spillover to the adjacent properties.

Operations
Events are proposed to be held between the hours of 7:00 AM to 1:00 AM with no more than two events per day. The applicant has indicated they plan to solicit various types of private and public events that include, but are not limited to:
• Education and career events;
• Entertainment, corporate, political, religious, and fundraising events; • Athletic and participant events;

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• Swap Meet/Flea Markets; and,
• Temporary cannabis events.

The facility will not offer full kitchen services, only permitting licensed catering services during events. Other than the trash en closure and shade cover, no other improvements or amenities are proposed at the rear of the building, adjacent to the existing residential use. The project does not intend to prohibit access to the other uses in the center during events and has committed to work with the property owners to ensure adequate access is maintained during events.

Unfortunately, due to the current COVID -19 pandemic that has led to restrictions of large gatherings and assembly uses, events that would be ideal candidates for this facility are not being held or planned at this time. Therefore, specific details and information on potential events for this facility are limited or unavailable. However, staff is deferring the finalization of certain plans and details to prior to building permit issuance, allowing staff to continue to work with the applicant and the applicant to market the facility to potential events once restrictions are lifted.

Zoning Consistency
Within the Zoning Ordinance, each Zoning District lists specific uses tha t are permitted or conditionally permitted within the District. However, the code does not anticipate every potential use or variant of a listed use that may occur in the future. Therefore, the City may approve other similar uses to those permitted in the Zoning District. Event centers are not specifically listed as a use in the PCC Zoning District. However, similar uses to those conditionally permitted may be approved by the Planning Commission.

Therefore, staff has determined the use to be similar to thos e uses conditionally permitted in the PCC Zoning District and proceeded with the review of the application/project subject to the approval of a CUP.

The PCC Zoning District, which is intended for retail and service commercial uses of a relatively high inte nsity, allows uses such as commercial recreation facilities, game arcades, fast -food restaurants, grocery stores, big box retail stores and private clubs and lodges, which share operational characteristics with the proposed use. As such, staff took into co nsideration the proposed and surrounding uses, the characteristics of the site, and the location of the project site, and determined the event center is similar to those uses conditionally permitted in the PCC Zoning District, subject to the approval of a CUP.

The surrounding uses include commercial uses to the north and west, multiple family residential to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south. Staff received letters of opposition from the residents of the adjacent r esidential

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property to the east (Jardin de Leones); which had concerns regarding the noise, attendance, hours of operation, and safety.

Architectural Review Committee Action
The Architectural Review Committee (ARC) reviewed the project on May 5, 2021 , and recommended approval of the project with the condition that the final fence and landscape plans be resubmitted for final review by the Committee prior to the issuance of building permits.

The concerns raised by the ARC had to do with the aesthetic placement of the fence as well as the overall look of the property once installed since this would be the first commercial site with a fenced off general parking area along Date Palm Drive.

However, t he ARC felt comfortable allowing staff to include this as a Conditions of Approval; thereby allowing the project to proceed for consideration by the Planning Commission.

Planning Commission Action
On May 19, 2021, the Planning Commission considered the project during a regularly scheduled public hearing. Although staff recommended approval of the project, the applicant expressed concern with t he Conditions of Approval and requested additional time to review these items and meet with staff , if necessary. Therefore, the Planning Commission unanimously approved a moti on to continue the project to the regularly scheduled July 7, 2021 meeting.

On July 1, 2021, staff met with the applicant to discuss the applicant’s concerns; however, the meeting occurred after the staff report was completed and this was not reflected in the staff report for the July 7, 2021 meeting. However, as a result of the progress made with the applicant, it was jointly agreed that a continuance should be requested to allow staff and the applicant to continue to work in addressing the applicant’s co ncerns related to the Conditions of Approval. Therefore, at the July 7, 2021 Planning Commission meeting, and upon the request of staff and the applicant , the Planning Commission continued the project to the regularly scheduled August 4, 2021 meeting.

In the intervening period, staff met with the applicant on five separate occasions. The primary focus of each meeting was the review of the Conditions of Approval. The applicant and staff were able to agree on revisions to conditions within Sections 1, 2 and 3 of the Conditions of Approval. These changes included the rewording of several standard conditions of approval applied to other projects. However, the applicant conveyed an impasse to many of the staff -recommended conditions found in Section 4 – Engineering, as the applicant does not agree to many of these conditions and the applicability of the Community Facilities District (CFD) fees.

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Most of the conditions in the Engineering section at issue are related to on - and off-site improvements that the applica nt requested to be removed. However, staff was unable, in good faith, to remove these conditions considering the nature of the application, community concerns, impacts to the site and immediate area, the intensity of the proposed use, and precedent set wit h other projects including those at this location.

Therefore, staff’s overall recommendation , on August 4, 2021 , remained the same as previously presented, with revisions made to some conditions (highlighted for reference) in that staff report.

On August 4, 2021, staff presented the changes to the Planning Commission and recommended the project be approved subject to the newly revised conditions of approval. Staff made the Planning Commission aware of the various conditions of approval the applicant objec ted to. The applicant requested the Planning Commission approve their requested version of the staff report and conditions of approval which were included as an attachment. The Planning Commission was uncomfortable approving a project in which the applicant voiced an unwillingness to comply with the conditions of approval prepared by staff.

During deliberations the Planning Commission directed staff to prepare a resolution for the next Planning Commission meeting denying the project based on:
• The applicant’s unwillingness to comply with the conditions of approval, which is a required finding for a Conditional Use Permit.
• Without the conditions of approval:
o The proposed use is detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. o The proposed use is not in harmony with the various elements or objectives of the general plan.
o The site for the proposed uses does not relate properly to streets and highway.

On August 18, 2020, the Planning Commission unanimously approved the resolution denying Conditional Use Permit No. 19-019.

Fee Status
As of January 28, 2022, the project had an outstanding invoice balance of $34,746.40 including staff’s time and City Attorney fees. An invoice was provided via email on July 29, 2021 for all charges through June 30, 2021. That invoice has not been paid and the only deposit to this project has been the initial $ 2,170 collected with the application.

Based on the number of meetings that the applicant has requested, staff time, and

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public hearing meetings the initial balance has been exhausted. In a best faith effort to continue moving the project forward, staff has not stopped working or meeting with the applicant or preparing the staff reports and Conditions of Approv al required for the four (4) Planning Commission meetings.

Appeal
On August 30, 2021, the applicant submitted an appeal application packet listing the following items to be presented to the City Council:
• Was the applicant afforded “due process” by the Cathed ral City Planning Department in concert with the Cathedral City Planning Commission in the consideration and review of the subject application?
• Does the Denial Resolution reflect the findings and testimony before the Cathedral City Planning Commission?
• Was and has the Cathedral City Municipal Code regarding development standards been equitably and consistently applied in the determinations of uses that listed within the development code standards and those substantially similar to the listed uses?
• Whether a n event center is an appropriate use at the subject site – subject to reasonable conditions to protect conditions to protect the interests of sensitive receptors in the vicinity of the subject site?
• Whether the applicant’s proposed architectural feature ch anges – modification of the building façade painting the building – on the existing 80,000 square foot building be approved as set forth in the application?
• Whether the applicant should be allowed to convert 7,860 square feet of the currently unimproved ap proximately 28,000 square foot Parcel 4 on the south side of the existing building into a garden/patio, build dual -purpose basketball courts/parking areas on Parcel 4, and finish out the reminder of Parcel 4 as basketball courts, drive isles and parking area.

Furthermore, the applicant requests that the City Council approve the following:
“The subject application purposes the following physical changes to the subject site:

1. Parcel 1:
a. Change the current occupancy status from Retail Store to Assembly (A3). b. Remove and replace non-structural architectural details (remove foam and wire “coins” “cornices”, and other relief that is covered with stucco,

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reconfigure windows above the storefront) for a more appropriate and current architecture.
c. The two existing sign m onuments, one each on Gerald Ford Drive and Date Palm Drive, are proposed to receive updates of their non -structural architectural details and install a modern display sign within the existing structure.
d. Add fencing to the site.

2. Parcel 2: Add fencing to the site.

3. Parcel 3: Add fencing to the site.

4. Parcel 4:
a. Install a 7,860 square foot walled -in patio/garden adjacent to the southwest corner if reg existing building;
b. On the remaining portion of Parcel 4 not improved with the garden/patio, install a dual-purpose basketball court/parking area;
c. Add fencing.
d. Add landscaping.

Staff Response (rebuttal)
Staff offers the following responses to the applicant’s requests:
• The change in occupancy is a requirement of the California Building Code and is completed during the building permit process where the applicant must demonstrate that the building complies with the Building Code. • The Architecture Review Committee recommend ed approval of the proposed exterior building modifications. They requested the fencing and landscap e plans be submitted during to the building permit process to streamline the placement, look, and circulation of the site.
• The Municipal code notes that signage is not approved through a conditional use permit; however, the applicant can submit a sign perm it application to be reviewed. This process could run concurrently but was placed as a standard condition of approval and conveyed to the applicant.
• The Conditions of Approval for this project are consistent with the type of the conditions added based on the proposed use.

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• The annexation into the CFD is required as the building occupancy is proposed to change from a retail use to an assembly use, which is considered a “non-retail commercial” use. Staff did discuss the requirement in detail with the applican t and provided the supporting documentation.

Initially, the applicant opposed nearly all conditions of approval for the project. After five (5) meetings and numerous discussions with staff , as well as a Councilmember, the applicant agreed to accept most of the Planning conditions; however, to date, the applicant refuses to accept the following engineering conditions of approval pertain ing to bringing the site and offsite improvements up to code:

1. Repairing, repaving and restriping the parking lot
The form er tenant of the site, Burlington Coat Factory, was originally conditioned to repair, repave and restripe the parking lot. At the time, the City allowed Burlington to begin operations while completing the improvements in stages. However, Burlington closed this location and the property owner did not complete the improvements.

Planning Staff have visited and photographed the project site and noted the parking lot’s degraded state, and the City Engineer has determined that repairs are needed to bring the par king lot conditions up to code. The City Engineer is available to provide additional technical justifications for the improvements to the parking lot.

2. Improvements of Date Palm Drive frontage
The Cathedral City General Plan describes Date Palm Drive as an arterial highway (GP Exhibit III-6) and a SunLine bus thoroughfare (Line 30), as well as a “major road with local importance;” and development proposals should be analyzed by City staff to determine impacts to mid -block road sections and intersections. (GP Policy CM -45).

The General Plan further specifies that staff should identify development impacts from the project and establish fair -share mitigation to be incorporated into conditions of approval.

The identified frontage improvements have been analyze d by the City Engineer and determined to be necessary to ensure compliance with the General Plan buildouts. In addition, the project’s proposed uses, including larger scale events, are anticipated to result in a much greater concentration of traffic than the previously approved retail uses.

Therefore, the identified conditions of approval are being imposed to mitigate the current and future development impacts.

On-Site Activity
During the course of this entitlement process, the applicant has requested vario us tenant improvements which the City has approved in order to work collaboratively and

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help the applicant make progress. Those tenant improvements that have been issued Building permits include:
• June 21, 2018: The applicant was approved a Special Use Perm it (SUP 18-016) to install temporary traffic control barriers and fences throughout the site. • July 23, 2018: B18 -1196 permitted the demolition of interior non-bearing walls, installation of a new roof hatch, creation of an opening in a non-bearing wall, and installation of hose bibs.
• November 27, 2019: B19-2169 permitted the demolition of the existing restrooms and the construction of 12 new ADA accessible restrooms, electrical and plumbing, and the installation of exhaust fans.

The City has also had to in terject and issue stop work orders for the following unpermitted activities:
• Unpermitted demolition activity within the interior of the building. • Unpermitted business use and grading of the vacant south parcel (Parcel 4).

Similar Use Determination
Based on the proposed use , staff determined the project possessed unique characteristics and therefore required special consideration to mitigate impacts thus requiring a CUP application. An event center is not listed as a permitted, conditional use, nor prohibite d use in the PCC zoning district. The CCMC allows staff to consider similar uses to be approved by the Planning Commission and since the proposed use follows the purpose and intent of the PCC district staff proceeded with the CUP application.

The applicant, on numerous occasions, has requested staff consider defining the event center as a community center and given a similar operating consideration like the City’s amphitheater. While a community center offers a similar function of providing a gathering space for people, groups and organizations in a particular area to meet and do things a notable difference would be that the applicant use will be privately owned and operated . While staff agrees that both can be used for similar events, Section

11.44.050 (Pa rks and Recreation Areas) mentions that a community center would be overseen by the City Manager who shall have the power an d authority to promulgate rules and regulations governing the use and enjoyment by the public or individuals at such a place. Therefore, staff continues to not approve the applicant’s request to define the proposed use as a community center.

In addition, staff would be opposed to linking the similar operating chara cteristics since the amphitheater requires the approval of a Special Us e Permit (SUP) with every event.

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Keeping the uses separate would permit the applicant to operate any indoor event without the need of obtaining an SUP. Lastly, the applicant’s concern of proposing a use that is either defined as permitted or conditional us e would not alter or change the entitlement process that this project has undergone, but instead simply result in changing the applicable project title from a conditional use permit to a design review.

Both applications would undergo the same review by sta ff and approval process by the Architectural Review Committee and Planning Commission.

Discontinued Use of Site
Per CCMC Section 9.08.020 the City defines “Abandoned” as “ the discontinuance of a use for a period of at least ninety days, wherein the discon tinuance includes such overt acts as the removal from the site and/or buildings(s) of equipment and/or personnel that are integral to the conduct of the use, or the failure to notify the city of plans to continue the same use of the property and the specif ic time frame for continuing with the use. ” Therefore, based on the definition any proposed use whether it is permitted or a conditional use in the PCC zoning district would be subject to a discretionary review.

Public Comments/Concerns
The surrounding us es include commercial uses to the north and west, multiple family residential to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south. Staff received letters of opposition from the residents of the adjacent residential property to the east (Jardin de Leones). The Jardin De Leones is a 55 and older senior citizen housing development comprised of 44 condominium units. Several residents and the Homeowners Association attorney contacted staff with con cerns regarding the noise, attendance, hours of operation, and safety of the proposed use. They vehemently opposed the project and noted that the applicant of the project never reached out to the HOA to discuss the project or address any of the concerns voiced by the residents.

As part of st aff’s review of the proposed project and potential events, conditions of approval were included mitigating concerns relating to noise, attendance, hours of operation, and safety concerns reside by the adjacent residents. Those conditions of approval included, but were not limited to, the follow requirements:
• Requiring noise, lighting and parking to comply with the CCMC. • Any of the following type of events would require a SUP:
o Any outdoor event or event with an outdoor component
o Cannabis events
o Any event or activity that will exceed the maximum building occupancy

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o Any event requiring additional parking beyond what is provided on the project site
• Require loading and unloading to only occur in designating loading areas While staff has done its best to address a nd mitigate the concerns of the adjoining properties, the residents of the HOA insist the consistent disturbance created by the event center would be greater than that created by a retail use such as the previous use.

PUBLIC NOTIFICATION:

The project and appeal hearing have been noticed in accordance with the City Municipal Code.

ATTACHMENTS:

Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda Attachment 3 - Public Hearing Notice
Public Comment item 6B- Regular Meeting 2-9-22

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PLANNING COMMISSION
AGENDA

Regular Meeting
Wednesday, August 18, 2021
6:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Ralph Thompson, Chair
Elmer Diaz, Vice-Chair

Kevin Brandt, Commissioner
Craig Loe, Commissioner
Skye Daley, Commissioner

Pursuant to Executive Order N -35-20 and N -08-28, this meeting may be conducted by videoconference or teleconference. If you would like to attend the meeting via Zoom please use the following link to register in advance:

https://zoom.us/webinar/register/WN_CR_0mwfFQj-VNGkrG3W8Lg

After registering, you will receive a confirmation email containing information about joining the meeting.

You may submit your public comment to the Planning Department electronically by emailing [email protected] or verbally by calling the Planning Department at (760)770-0340. Transmittal by 2:00 p.m. is required. Any correspondence received after the deadline will be distributed to the Commission and retained for the official record.

Please take note, all comments whether verbal or written will be limited to 3 minutes.

Once the three minutes have expired the comments will end. View the Commission meeting live at the City’s website at www.cathedralcity.gov or channel 17. • CALL TO ORDER
• ROLL CALL
• FLAG SALUTE
• CONFIRMATION OF AGENDA

1. COUNCIL MEMBER INTRODUCTION

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A. Nancy Ross

2. APPROVAL OF MINUTES
A. Minutes of August 4, 2021

3. PUBLIC COMMENTS
The public is invited to address the Planning Commission on any matter not on the Agenda. If yo u wish to speak on an Agenda Item, please wait to be recognized under that item. EXCEPT FOR SPECIAL CIRCUMSTANCES, THE BROWN ACT

PROHIBITS THE PLANNING COMMISSION OR STAFF FROM RESPONDING OR

TAKING ACTION O N ANY COMMENTS MADE BY THE PUBLIC UNLESS IT PERTAINS TO AN ITEM THAT APPEARS ON THE AGENDA. All speakers should give their name and city of residence. Please limit your remarks to three minutes.

4. NON PUBLIC HEARING ITEMS
A. CASE NO.: Conditional Use Permit No. 19-019
APPLICANT: Cathedral City Event Center, David Herman
LOCATION: 35900 Date Palm Drive (APN: 673-250-026, -027, - 028 and -029)
REQUEST: Approve a resolution denying Conditional Use Permit No. 19-019.

5. COMMISSIONER'S COMMENTS

6. CITY ATTORNEY REPORT

7. CITY PLANNER REPORT
• ADJOURNMENT
The next scheduled Regular Meeting of the Planning Commission is scheduled for Wednesday, September 1, 2021, at 6:00 P.M.

NOTES TO THE PUBLIC:

In compliance with the Americans with Disabilities Act, if you n eed special assistance to participate in this meet ing, please contact the Community Development Department at (760) 770 -0340. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this me eting. [28 CFR 35.104 ADA TITLE II]

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PLANNING COMMISSION

MINUTES

Regular Meeting
Wednesday, August 4, 2021
6:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

Ralph Thompson, Chair
Elmer Diaz, Vice-Chair

Kevin Brandt, Commissioner
Skye Daley, Commissioner
Craig Loe, Commissioner

• CALL TO ORDER
The meeting was called to order at 6:00 PM by Chair Ralph Thompson Attendee Name Title Status
Craig Loe Commissioner Remote
Ralph Thompson Chair Remote
Elmer Diaz Vice-Chair Excused
Kevin Brandt Commissioner Remote
Skye Daley Commissioner Remote

• STAFF PRESENT

Melody Segura, Associate Planner
Brenda Ramirez, Associate Planner
Robert Rodriguez, Director of Planning and Building
John Corella, Director of Engineering/Public Works
John Muhr, Fire Chief
Leila Moshref-Danesh, Assistant City Attorney
• CONFIRMATION OF AGENDA
No changes to the agenda.

1. APPROVAL OF MINUTES

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Minutes Acceptance: Minutes of Aug 4, 2021 6:00 PM (APPROVAL OF MINUTES)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Cathedral City P a g e 2 Printed on 8/12/2021
A. Minutes of July 21, 2021

A motion was made by Commissioner Loe and seconded by Commissioner Brandt to approve the Minutes of the July 21, 2021 Planning Commission meeting.

RESULT: APPROVED [4 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Kevin Brandt, Commissioner
AYES: Craig Loe, Ralph Thompson, Kevin Brandt, Skye Daley EXCUSED: Elmer Diaz

2. PUBLIC COMMENTS
No public comments.

3. PUBLIC HEARING ITEMS
A. CASE NO.: Conditional Use Permit No. 19-019
APPLICANT: Cathedral City Event Center, David Herman
LOCATION: 35900 Date Palm Drive (APN: 673-250-026, -027, - 028 and -029)
REQUEST: Consider a Conditional Use Permit application to establish an event center within an existing 80,000
square foot commercial building and construct an
approximately 7,860 square foot outdoor patio/garden
area.

A motion was made by Commissioner Brandt and seconded by Commissioner Daley requesting staff draft a resolution that outlines the Commission’s findings to deny the project.

Public Comments:

Mark Durkton, Applicant
David Herman, Property Owner
Christina Baine DeJardin, Attorney to HOA of Jardin de Leones Ed Etherson, Treasurer for HOA of Jardin de Leones
RESULT: DENY [4 TO 0]
MOVER: Kevin Brandt, Commissioner
SECONDER: Skye Daley, Commissioner
AYES: Craig Loe, Ralph Thompson, Kevin Brandt, Skye Daley EXCUSED: Elmer Diaz

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Minutes Acceptance: Minutes of Aug 4, 2021 6:00 PM (APPROVAL OF MINUTES)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Cathedral City P a g e 3 Printed on 8/12/2021
B. CASE NO.: Conditional Use Permit No. 16-051A
APPLICANT: Horizon Gardens, LLC, Aaron Whitfield
LOCATION: 67670 Carey Road (APN: 681-310-007 and -031)
REQUEST: Consider a n Amendment to a Conditional Use Permit to convert an existing continuum -of-care senior living facility to a hotel, construct a small parking lot, and amend t he previously approved site plan on an
approximately 4.9 -acre site in the RR (Resort
Residential) Zoning District. The development and use
will hereinafter be referred to as “Project”.

A motion w as made by Commissioner Loe and seconded by Commissioner Brandt to approve the Project, based on the findings contained in the staff report , and Conditions of Approval.

Public Comments:

Tim Brinkman, Project Representative
Marcus Weenig, Project Representative
Denise Cross, Cathedral City resident
RESULT: APPROVED [3 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Kevin Brandt, Commissioner
AYES: Craig Loe, Ralph Thompson, Kevin Brandt
EXCUSED: Elmer Diaz
RECUSED: Skye Daley

C. CASE NO.: Conditional Use Permit No. 20-017
APPLICANT: Mira Vista Group, Inc., Armond Simonyan
LOCATION: 36223 Plaza Drive (APN: 687-161-005)
REQUEST: Approval of a Conditional Use Permit to establish a cannabis business (cultivation and distribution)
located within an existing buil ding in the I -1 (Light Industrial) Zoning District (her einafter referred to as “Project”).

A motion was made by Commissioner Brandt and seconded by Commissioner Daley to approve the Project , based on the findings contained in the s taff report, and to amen d the Conditions of Approval and add condition 3.67.

Public Comments:

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Minutes Acceptance: Minutes of Aug 4, 2021 6:00 PM (APPROVAL OF MINUTES)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Cathedral City P a g e 4 Printed on 8/12/2021
Gabriel Lujan, Project Designer

RESULT: APPROVED WITH CONDITIONS [4 TO 0]
MOVER: Kevin Brandt, Commissioner
SECONDER: Skye Daley, Commissioner
AYES: Craig Loe, Ralph Thompson, Kevin Brandt, Skye Daley EXCUSED: Elmer Diaz

3.67 Add Condition o f Approval No. 3.67: The Applicant shall replace any existing chain link fence with a tubular steel fence.

4. COMMISSIONER'S COMMENTS
• Commissioner Daley thanked staff for their work and effort in making sure they do the right work.
• Commissioner Loe reminded the Commissioners that the meetings are recorded at to remember to maintain a professional decorum during meetings.

5. CITY ATTORNEY REPORT
No items to report.

6. CITY PLANNER REPORT
Staff thanked Commissioners for their volunteered time and their continued support of staff.
• ADJOURNMENT
The meeting was closed at 8:30 PM.

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Minutes Acceptance: Minutes of Aug 4, 2021 6:00 PM (APPROVAL OF MINUTES)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

STAFF REPORT

CATHEDRAL CITY PLANNING COMMISSION

MEETING DATE: August 18, 2021

STAFF PLANNER: Brenda Ramirez, Associate Planner

RECOMMENDATION:

Approve a resolution denying Conditional Use Permit No. 19-019.

FINDINGS:

DENIAL OF CONDITIONAL USE PE RMIT NO. 19-009, subject to the attached resolution and the determination of the Planning Commission that the project does not meet the required findings of Chapter 9.72 (Conditional Use Permits):

1. The proposed use is detrimental to existing uses or to use s specifically permitted in the zone in which the proposed use is to be located;

2. The proposed use is not in harmony with the various elements or objectives of the general plan;

3. The site for the proposed uses does not relate properly to streets and highway s which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed uses; and

4. The Applicant has not agreed to comply with the Conditions of Approval imposed by the Planning Commission.

BACKGROUND:

The Applicant (David Herman representing Cathedral City Event Center) submitted a Conditional Use Permit (CUP) application on November 26, 2019 to establish an event

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) center within a vacant commercial building in the PCC (Planned Community Commercial) Zoning District. The Applicant
The Project proposes a private event center that would be located adjacent to an existing senior housing neighborhood. The Applicant intends to operate the events center from 7:00 a.m. to 1:00 a.m., with up to two events per day. Propo sed events include weddings, bachelor/bachelorette parties, galas, political fundraisers, boxing matches, swap meets, job fairs, and music concerts.

Event centers are not specifically listed as a use in the PCC Zoning District. Therefore, staff has determi ned the use to be similar to those uses conditionally permitted in the PCC Zoning District and proceeded with the review of the application and project subject to the approval of a conditional use permit by the Planning Commission.

The project site is loca ted at the northeast corner of Date Palm Drive and Gerald Ford Drive, within The Crossroads shopping center, which is comprised of six (6) parcels.

Four of the parcels are currently owned by the applicant and include the existing building and parking areas . The other two parcels are under separate ownership and include an existing restaurant (Casa Blanca)/retail building and a bank (US Bank) and are not part of the proposed project.

The project was reviewed by staff , recommended for approval, and considered by the Planning Commission in a public hearing on May 1 9, 2021. However, t o allow the applicant additional time to review the staff report and Conditions of Approval, the project was continued to the July 7, 2021 regularly scheduled Planning Commission meeting. Subsequently, at the July 7 th meeting and upon the request of staff and the applicant, the Planning Commission continued the project to the regularly scheduled Planning Commission meeting of August 4, 2021 meeting so that applicant could continue to work with staff in addressing concerns related to the Conditions of Approval.

At the August 4, 2021 Planning Commission meeting, and after public testimony and deliberations, the Planning Commission directed staff to prepare a resolution of denial for th e August 18, 2021 regularly scheduled meeting. The entire August 4 th Planning Commission submittal for this project including the staff report with the entire background and analysis of the project , Conditions of Approval, project plans and attachments pro vided by the applicant, are included as an attachment to this staff report.

ANALYSIS:

Pursuant to Cathedral City Municipal Code Section 9.72.010, “…a conditional use permit shall on ly be granted with the establishment of certain conditions to protect the health, safety and general welfare of the neighborhood or community , subject to the following findings”:

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) A. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter.

B. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

C. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood.

D. The site for the proposed uses relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use.

E. The applicant agrees to comply with any and all of the co nditions imposed by the review authority or be subject to a revocation hearing.

Furthermore, Section 9.72.040 requires that “prior to making the findings listed in Section 9.72.010 of this chapter, the planning commission and/or the city council should in its deliberation consider whether the proposed use at the proposed location is detrimental to other existing and permitted uses in the general area thereof and relates properly to existing and proposed streets and highways.”

As provided in the attached resolution, the CUP is being denied based on the following findings:

1. The proposed use is detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located.

The Projec t proposes a private event center that would be located adjacent to an existing senior housing neighborhood. The Applicant intends to operate the events center from 7:00 a.m. to 1:00 a.m., with up to two events per day. Proposed events include weddings, ba chelor/bachelorette parties, galas, political fundraisers, boxing matches, swap meets, job fairs, and music concerts, all of which are known to attract large crowds. It is anticipated that the proposed use will result in traffic congestion, inadequate park ing, and noise disturbances for the existing senior housing residents.

Therefore, the proposed use will be detrimental to the existing adjacent use.

2. The proposed use is not in harmony with the various elements or objectives of the general plan.

General Plan Circulation Element Policy 4 and Program 4.a. require City staff to analyze development proposals to determine the potential for adverse impacts, and to establish fair-share mitigation that is incorporated into the conditions of approval. City staf f have

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) identified the Project’s potential impacts to traffic and parking, and the Planning Commission has imposed mitigating Conditions of Approval in proportion to the potential impacts. As discussed below, the Applicant has not agreed to comply with the Conditions of Approval pertaining to onsite and offsite parking and street improvements necessary to ensure consistency with the General Plan. Therefore, the Project is in conflict with the General Plan.

3. Without implementation of the Conditions of Appr oval, the site for the proposed uses does not relate properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed uses.

As described above, it is anticipated that, the proposed event types will draw large crowds that will result in higher traffic and parking needs. Without implementation of the Conditions of Approval as described below, the Project will overwhelm the local streets, which are currently not designed o r improved to carry the type and quantity of traffic to be generated by the proposed uses.

4. The Applicant has not agreed to comply with the Conditions of Approval imposed by the Planning Commission.

The Applicant has been provided with multiple opportun ities to meet with City staff as well as to present concerns regarding the Conditions of Approval to the Planning Commission. The Applicant remains unwilling to agree to the Conditions of Approval imposed by the Planning Commission related to onsite and of fsite improvements to parking (asphalt, striping and drive aisle improvements), street access (driveways, striping), and street improvements (street dedications, street lights), all of which are necessary to comply with local and State standards, and ensur e the Project does not negatively impact parking, traffic, and public safety.

As an example, the Applicant has expressed that they are unable or unwilling to abide by Condition of Approval 4.19, which requires that “[t]he Applicant shall design the onsite private parking lot and drive aisles pavement sections using Cal Trans’s design procedure for 20 -year life pavement, and the site -specific data for soils strength and anticipated traffic loading (including construction traffic).” Applicant has called thes e methods “unachievable” because improving the asphalt conditions to meet standards would require the repaving of the entire parking lot (Applicant Response Letter Dated 7/28/2021).

Applicant also expresses disagreement with Conditions of Approval 4.20 th ru 4.44, and

4.53 thru 4.58, all related to driveways, road dedications, and street improvements required not only to ensure safe ingress and egress to and from the Project site, but also to ensure consistency with the City’s General Plan Circulation Element.

ENVIRONMENTAL REVIEW:

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) The City has determined that the denial of CUP No. 19 -019 is not a project pursuant to CEQA.

ATTACHMENTS:

August 4, 2021 Planning Commission Staff Report
CUP 19-019 Herman Event Center PC Resolution - Deny 4851-2460-9782 v.2

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

STAFF REPORT

CATHEDRAL CITY PLANNING COMMISSION

MEETING DATE: August 4, 2021

CASE NO.: Conditional Use Permit No. 19-019
APPLICANT: Cathedral City Event Center, David Herman
LOCATION: 35900 Date Palm Drive (APN: 673-250-026, -027, -028 and - 029)
REQUEST: Consider a Conditional Use Permit application to establish an event center within an existing 80,000 square foot commercial building and construct an approximately 7,860 square foot outdoor patio/garden area.

STAFF PLANNER: Brenda Ramirez, Associate Planner

RECOMMENDATION:

APPROVE an exemption to the California Environmental Quality Act (CEQA ) pursuant to Section No. 15303, Class No. 3 (New Construction or Conversi on of Small Structures).

APPROVE Conditional Use Permit No. 19-019 subject to the attached Cond itions of Approval and based on the findings contained in the staff report.

FINDINGS:

APPROVAL OF AN EXEMPTION TO CEQA based on the findings that the project qualifies as Categorically Exempt under Section No. 15332 (Infill Development Projects) of the State CEQA Guidelines.

APPROVAL OF CONDITIONAL USE PERMIT NO. 19-019 , subject to the attached conditions of approval and based on the following findings:

1. The event center to be located at 35900 Date Palm Drive in t he PCC (Planned Community Commercial) Zoning District; has been determined to b e similar to those

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) uses permitted as a conditional use per the City of Cathedral C ity Zoning Ordinance, Chapters 9.30 and 9.72;

2. The event center is desirable for the development of the com munity in that it provides a needed service for local residents and businesses, i s in harmony, with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the PCC Zoni ng District with the implementation of the conditions of approval;

3. The site is adequate in size and shape to accommodate the ad ditional outdoor patio/garden area and has been reviewed, and has specific condi tions added, to ensure that the facility is compatible with the existing or per mitted future uses in the neighborhood;

4. The site for the event center and additional outdoor patio/g arden area relates properly to Date Palm Drive and Gerald Ford Drive which is desi gned and improved to carry the type and quantity of traffic generated or to be ge nerated by the facility; and

5. The applicant agrees to comply with any and all conditions i mposed by the Planning Commission or be subject to a revocation hearing.

BACKGROUND:

The Applicant (David Herman representing Cathedral City Event C enter) submitted a Conditional Use Permit (CUP) application on November 26, 2019 t o establish an event center within a vacant commercial building in the PCC (Planned Community Commercial) Zoning District. Event centers are not specifically l i s t e d a s a u s e i n t h e PCC Zoning District. However, similar uses to those conditional ly permitted may be approved by the Planning Commission. Therefore, staff has deter mined the use to be similar to those uses conditionally permitted in the PCC Zoning District and proceeded with the review of the application and project subject to the approval of a conditional use permit by the Planning Commission.

The project site is located at the northeast corner of Date Pal m Drive and Gerald Ford Drive, within The Crossroads shopping center, which is comprise d of six (6) parcels.

Four of the parcels are currently owned by the applicant and in clude the existing building and parking areas. The other two parcels are under sep arate ownership and include an existing restaurant (C asa Blanca)/retail building an d a bank (US Bank) and are not part of the proposed project.

The proposed project will occupy the entire 80,000 square-foot commercial building, which was formerly occupied by Burlington Coat Factory, and inc lude a newly constructed 7,860 square-foot outdoor patio/garden area on the vacant area abutting the south side of the building, facing Gerald Ford Drive. The s urrounding uses include

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) commercial uses to the north and west, multiple family resident ial to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south.

The Architectural Review Committee (ARC) reviewed the project o n May 5, 2021 and recommended approval of the project with the condition that the final fence and landscape plans be submitted for final review by the Committee prior to the issuance of building permits. Staff has incorporated the comment in the Con ditions of Approval. The Planning Commission will take final action on this matter unles s it is appealed to the City Council.

On May 19, 2021, the Planning Commission considered the project in a public hearing.

The applicant expressed concern with the limited time provided f r o m w h e n t h e S t a f f Report and Conditions of Approval were received to the hearing, and additional time was requested to review these items and meet with staff if nece ssary. Therefore, the Planning Commission unanimously approved a motion to continue t he project to the regularly scheduled July 7, 2021 meeting.

On July 1, 2021, staff met with the applicant to discuss the applicant’s conc erns; however, the meeting occurred after the staff report was comple t e d a n d t h i s w a s n o t reflected in the staff report for the July 7, 2021 meeting. How ever, as a result of the progress made with the applicant, it was jointly agreed that a continuance should be requested to allow staff and the applicant to continue to work with staff in addressing applicant’s concerns related to the Conditions of Approval. Therefore, at t he July 7, 2021 meeting, and upon the request of staff, the Planning Commi ssion continued the project to the regularly scheduled August 4, 2021 meeting.

In the intervening period, staff has met with the applicant on five separate occasions.

The primary focus of each meeting was the review of the Conditi ons of Approval. The applicant and staff were able to agree on revisions to conditio ns within Sections 1, 2 and 3 of the Conditions of Approval. However, the applicant con veyed an impasse to many of the staff-recommended conditions found in Section 4 – Engineering, as applicant does not agree to these conditions.

The majority of conditions at issue are related to on- and off- site improvements that the applicant requested to be removed. However, staff was unable, i n good faith, to remove these conditions considering the nature of the application, imp acts to the site and immediate area, the intensity of the proposed use, and preceden t set with other projects. Therefore, staff’s overall recommendation remains the same as previously presented, with revisions made to some conditions (highlighted for reference).

The applicant has prepared a response letter with their request ed version of the conditions of approval which have been included as an attachment to this staff report.

Operations

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Events are proposed to be held between the hours of 7:00 AM to 1:00 AM with no more than two events per day. The applicant has indicated they plan to solicit various types of private and public events that include, but are not limited to:
x Education and career events,
x Entertainment, corporate, political, religious, and fundraisin g events, x Athletic and participant events,
x Swap Meet/Flea Markets; and,
x Temporary cannabis events.

Unfortunately, due to the current COVID-19 pandemic that has le d to restrictions of large gatherings and assembly uses, events that would be ideal candidates for this facility are not being held or planned at this time. Therefore, specific details and information on potential events for this facility are limited o r unavailable. However, conditions of approval have been incorporated to ensure events, the operations of those events, and the project site comply with Federal, State, and lo cal laws, the Cathedral City Municipal Code (CCMC) and Special Use Permit requirements.

The facility will not offer full kitchen services, only permitt ing licensed catering services during events. Other than the trash enclosure and shade cover, no other improvements or amenities are proposed at the rear of the building, adjacent to the existing residential use. The project does not intend to prohibit access to the other uses in the center during events and has committed to work with the property owners to en sure adequate access is maintained during events.

ANALYSIS:

Zoning Consistency
Within the Zoning Ordinance, each Zoning District lists specifi c uses that are permitted or conditionally permitted within the District. However, not every potential use, variant of a listed use or uses that may occur in the future can be antici pated. Therefore, the Planning Commission may approve other similar uses to those per mitted in the Zoning District.

The PCC Zoning District, which is intended for retail and servi ce commercial uses of a relatively high intensity, allows uses such as commercial recre ation facilities, game arcades, fast-food restaurants, grocery stores, big box retail stores and private clubs and lodges, which share operational characteristics with the pr oposed use. As such, staff took into consideration the proposed and surrounding uses , the characteristics of the site, and the location of the project site, and determined that the event center is

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) similar to those uses conditionally permitted in the PCC Zoning District, subject to the approval of a Conditional Use Permit by the Planning Commission.

Site Plan
The project site is located at the northeast corner of Date Pal m Drive and Gerald Ford Drive. The proposed project will maintain the three existing dr iveways servicing the commercial center, which include one along Date Palm Drive and two along Gerald Ford Drive. No changes are proposed to the existing parking are as, drive aisles or the landscape planters within. The exi sting landscape planters alon g both street frontages of the center will largely remain the same.

The applicant is proposing to construct a 7,860 square-foot pat io/garden area on the south side of the existing building, facing Gerald Ford Drive. The proposed patio/garden area will be enclosed with an eight-foot (8) high split face bl ock wall and have direct access from the existing building, as well as, two pedestrian e xits to the parking areas.

Each exit will have doors so that the area can be secured when not in use for events.

The area will be covered with a fabric shade sail that will mat ch the shade cover proposed at the southeast corner of the building.

Other onsite improvements include the addition of 48 parking sp aces, landscape planters, and light standards on the south side of the building , the stripping and installation of two outdoor basketball courts at the southeast corner of the project site, within the new parking area, and the construction of a four-bin trash enclosure constructed to City standard at the rear of the building.

The project site will have a total of 406 parking spaces throug hout the site and maintain the depressed loading dock located along the eastern side of th e existing building. The applicant is requesting to fence portions of the parking areas, including the basketball courts, which will provide site security during non-events, and control and limit vehicular access during events. However, the Architectural Review Committee recommended that final fence and landscape plans be brought back to the Committee for approval as there were concerns on the height and locations of the fence.

The existing building’s exterior will be retrofitted to have a modern industrial look that will remove the arched building fe atures that are currently alo n g t h e n o r t h a n d w e s t elevations. The building will be repainted in a grey paint sche me that will highlight the building columns with a dark gray (gauntlet gray) paint to cont rast the lighter gray (alpaca) paint proposed for the body of the building. The exist ing main storefront will remain the primary entrance to the building, but the window fra mes and windows will be squared off to compliment the new modern design proposed for the building.

The site’s desertscape theme will be extended to the new planters and the applicant will refresh the existing landscaping where needed. Staff verified the parking area meets the

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) 50 percent shading requirement and the project is conditioned t o meet the required lighting for safety and security in compliance with the CCMC. A s such, all new and existing lighting will be downward facing and shielded to avoid spillover to the adjacent properties.

Considering the COVID-19 pandemic and the aforementioned challe nges that has created for this project and holding in-person events, staff ha s deferred the finalization of certain plans and details to prior to building permit issuance, allowing staff to continue to work with the applicant and the applicant to market the faci lity to potential events once restrictions are lifted.

ENVIRONMENTAL REVIEW:

Staff has determined that the project meets all of the conditio ns for a Categorical Exemption under Section No. 15332 (Infill Development) of the S tate CEQA Guidelines, based on the following:
a) The project is consistent with the applicable general plan d esignation and all applicable general plan policies as well as with applicable zon ing designation and regulations.
(b) The project occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value, as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.

NOTE: The City of Cathedral City Planning Department is custodi an of the documents or other material, which constitute the record of proceedings u pon which this decision is based.

PUBLIC NOTIFICATION:

This project and the environmental determination were noticed i n accordance with the City Municipal Code and CEQA.

ATTACHMENTS:

Attachment 1 - Conditions of Approval
Attachment 2 - Site Plan
Attachment 3 - Floor Plan
Attachment 4 - Roof Plan
Attachment 5 - Elevations
Attachment 6 - Landscape Plan

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Attachment 7 - Public Hearing Notice
Attachment 8 - Applicant Response Letter

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

CITY OF CATHEDRAL CITY

PLANNING COMMISSION

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 19-019

CATHEDRAL CITY EVENT CENTER
PROJECT LOCATION: 35900 DATE PALM DRIVE
(ASSESSOR’S PARCEL NUMBER 673-250-026, -027, -028
and -029)

DATE APPROVED: AUGUST 4, 2021

SECTION 1 ADMINISTRATIVE CONDITIONS

1.01 Prior to issuance of a building permit the Applicant shall sign t h e a p p r o v e d Conditions of Approval which shall certify that the Applicant a grees to implement all Conditions of Approval.

1.02 A copy of all pages of these conditions shall be printed onto t he first page of the City’s copy of final construction drawings.

1.03 Approval of the reference plan is preliminary only. All final p lans, including working drawings and construction plans, shall be submitted to and approved by the Planning, Engineering and Building Departments prior to iss uance of building permits. The development of the property shall conform substant ially to those plans as approved by the Architectural Review Committee, Planning Commission and City of Cathedral City, except as specifically modified by any of the conditions of approval. Any deviation from the City approved se t of plans shall be approved in writing by the Director of Planning/Building pursua nt to the CCMC and Building Code prior to the installation, construction or de letion of the requested plan modification.

1.04 This approval shall be valid for two years from date of approva l unless extended pursuant to the Zoning Ordinance.

1.05 No final construction or permit approval shall be granted until all Conditions of Approval have been completed.

1.06 No Certificate of Occupancy shall be granted until all Conditio ns of Approval have been satisfied including but not limited to the following: all the on-site

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drives, paving, parking areas and other improvements required f or access and parking for the building are completed.

1.07 The development of the site shall conform to all ordinances, co des, regulations, policies and development design controls pursuant to the Cathed ral City Municipal Code (CCMC) and Building Code in effect at the time o f the building permit submittal.

1.08 All improvements approved for construction are required to be m aintained as to comply substantially with the plans approved for construction, unless modifications are approved by the Director of Planning/Building a n d C i t y Engineer. The improvements to be maintained include, but are no t limited to, site improvements: parking and walking surfaces, private drainage co ntrol facilities, fences/walls, signs, and lights; building and accessory structu re improvements; paint colors and other finish materials, roofing materials, mec hanical equipment, windows, trellises, canopies, all architectural features, lands caping and landscape irrigation.

1.09 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees fro m any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit 19-019 (CUP) and the corresponding Overall Site Plan (Site Plan).

The City shall have sole discretion in selecting its defense co unsel. The City shall promptly notify the applicant of any claim, action or pro ceeding and shall cooperate fully in the defense.

SECTION 2 FEES

2.01 The Applicant shall pay all applicable City of Cathedral City f ees, charges and other costs as prescribed by City ordinance, including development impact fees.

Be advised that the fees may change at the time they become due and payable, as permitted by applicable law.

NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90 day period to protest the imposition of any impact fee, dedica tion, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to follow this procedure in a timely manor will bar any subsequent legal action to attack, review, set aside, void or annul imposition.

The right to protest the fees, dedications, rese rvations, or other exactions does not apply to planning, zoning, grading, or other similar app lication processing fees or service fees in connection with this project. It further does no t apply to any fees, dedication, reservations, or exactions for which the applicant has been given a notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired.

SECTION 3 PLANNING

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3.01 If the project is proposed to be constructed in phases, a phasi ng schedule shall be submitted to the Director Planning/Building for review and a pproval prior to the issuance of building or grading permits.

3.02 Prior to the issuance of a building permit, the Applicant shall alleviate the negative yearly impact on t he City’s General Fund from non-retail commercial development for police, fire, paramedic, and park services either by annexing into Community Facilities District (CFD) No. 2006-1 having an annual special tax equal to the yearly cost of providing General Fund services as calculated and determined by the City of Cathedral Finance Department.

3.03 If during the course of grading or construction, artifacts or o ther cultural resources are discovered, all grading on the site shall be halt ed and the Applicant shall immediately notify the Director of Planning/Bui lding. A qualified archaeologist shall be called to the site by, and at the cost o f, the Applicant to identify the resource and recommend mitigation if the resource is culturally significant. The archeologist will be required to provide copi es of any studies or reports to the Eastern Information Center for the State of Cali fornia located at the University of California Riverside and the Agua Caliente Tribal Historic Preservation Office (THPO) for permanent inclusion in the Agua Caliente Cultural Register.

3.04 In the event that any human remains are discovered, the Applicant shall cease all work and contact the Riverside County Coroner’s Office and work s h a ll not resume until such time that the site has been cleared by County Coroner and/or the Cathedral City Police Department. The Applicant shall also be required to consult with the Agua Caliente Tribal Historic Preservation Office (THPO).

3.05 A Final Landscape Construction Plan, prepared by a licensed lan dscape architect or a C-27 licensed landscape contractor and approved by the Director of Planning/Building, shall be signed by the local water agency prior to the issuance of a building permit. The Final Landscape Construction Plan shall contain the following required information:
a. A title block with sheet number, site address and APNs, date of preparation, and name, address, and phone number of Applicant on all sheets. b. A plant landscape legend, including a specific symbol for ea ch plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
c. Show use of concrete mow strip between turf and other surfac es. d. Clear indication where landsca ping will be used to screen me chanical, electrical, and irrigation equipment.
e. A plant landscape legend, including a specific symbol for ea ch plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.

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f. Show all location of mechanical, electrical, and irrigation equipment and landscaping that will screen from public view.

g. A detail showing planter design adjacent to walkways and dri veways that is designed to prevent soil and/or decomposed granite from flowing o n t o walkways and driveways. There shall be a minimum two-inch verti cal separation between the pavement and the soil.

h. Plant and tree installation and staking details. Plant and t ree installation and staking details that require single trunk trees to be double st aked and multi- trunk trees to be staked appropriate to the species of tree. i. Details, specifications, and location of all pavers and deco rative surface materials used on the site. Samples of crushed rock material or decomposed granite materials shall be submitted to the Planning Department for approval. j. All decorative surface materials shall be approved by the Di rector of Planning/Building before issuance of any permits.
k. Landscaping and irrigation shall be provided along the stree t frontage. l. Landscape plans shall meet the requirements of the City of C athedral City’s Water Efficient Landscape Ordinance.

m. All plant materials used on the project site shall be those listed in the most recent version of Coachella Valley Water District’s “Lush & Eff icient Landscape Gardening in the Coachella Valley”.

n. An Irrigation Plan with equipment details.

3.06 Site landscaping shall comply wi th the City Design Guidelines a nd Water Conservation policies and rules regardless of whether the items are illustrated on the Construction Landscape Plans:
a. Plants and trees shall be primarily of drought tolerant spec ies compatible with the desert environment.

b. Projects shall minimize the use of turf.

c. At least 50% of the trees shall be evergreen species.

d. All trees in parking lots shall be centered between parking spaces to provide optimal shading.

e. All single trunk trees shall be double staked, and multi-tru nk trees shall be staked appropriate to the species of tree.

f. Arbor guards shall be installe d around trees in turf areas.

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g. Projects located along major arterials and/or streets shall comply with the street tree requirements of the Design Guidelines.

h. Planter areas shall be surrounded by a concrete mow strip or other hard surface.

i. All ground-mounted equipment, such as mechanical, electrical , and irrigation equipment (backflow pr eventers), shall be located wi thin a landscape planter. This equipment shall not be located within a turf area and shall not be visible from public view.

j. Any drain that terminates in a planter shall have a splash guard.

k. All 36-inch box trees or greater shall be verified as to siz e by the project planner prior to being planted. It is the responsibility of the c o n t r a c t o r and/or Applicant to make an appointment with the project planne r to conduct this verification.
l. All trees on site shall be non-fruit-bearing.
m. All planter areas adjacent to pavement shall be designed to prevent soil and/or decomposed granite from flowing onto walkways and drivew ays.

There shall be a minimum two-inch vertical separation between t he pavement and the top of the surface soil and/or decomposed granite.

3.07 All existing parking agreements for the project and center shall be provided to the Planning Department, for review by the Engineering Department, prior to submittal of a building permit application. Reciprocal access a nd parking to all parcels shall be legally established to the satisfaction of the City Engineer.

3.08 All landscaping shall be continuously maintained. Trees, shrubs , ground covers, et cetera, shall be watered and permanently maintained. All dea d vegetation shall be removed and replaced in a timely manner.

3.09 Where landscaping is required for off-street parking areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be r equired to regulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches. Curbing of six inc hes or more shall be required where a public planter slopes toward a sidewalk and sa id curbing is needed to retain water. Overflow devices which drain under side walks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inch es below a public sidewalk and/or curb.

3.10 The Applicant shall record a maintenance covenant over the prop erty that guarantees the removal of weeds, dust, blow sand, and debris, a nd ensures that

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the property is maintained in a weed, dust, blow sand, and debr is-free condition per the approved plans and conditions of approval.

3.11 The Applicant shall contact the Planning Department 90 days aft er issuance of a Certificate of Occupancy to arrange for a follow-up on-site ins pection to ensure that all plant material is being maintained consistent with the approved Final Landscape Plan.

3.12 Redwood headers are specifically prohibited from use on the project site.

3.13 All newly installed equipment (such as HVAC, utility meters, ba ckflow preventers, and fire equipment), either roof or ground mounted, shall be ar chitecturally screened from public view. All such equipment shall be fully s creened by the roof structure, a parapet wall, appropriate ground mounted wall s, berming, or landscaping. All walls shall arc hitecturally match the buildin g. If, after construction, but prior to the approval of a final inspection, it is determined by the Director of Planning/Building that equipment can be viewed from the public street, a plan for screening the equipment shall be submitted t o the Planning Department for approval. Once approved, said screening shall be constructed prior to issuance of a Certificate of Occupancy.

3.14 All electrical equipment including cabinets and conduits shall be interior to the building.

3.15 All breaker boxes, fire sprinkler risers, and utility conduits shall be interior to the building.

3.16 Premises identification/property numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visi ble and legible from the street or road fronting the property. Property numbers shal l be 12 inches in height, internally illuminated and designed to illuminate autom atically during periods of darkness.

3.17 Signage for the proposed project is not part of this approval a nd shall require a sign permit prior to the issuance of occupancy permits.

3.18 A master sign program application shall be required for any pro posed changeable copy or reader board sign in accordance with the pro cedures established in Chapter 9.62 of the CCMC.

3.19 All walls and trash enclosures shall have a decorative surface and a decorative cap that are consistent with the overall architecture pursuant to the CCMC and Building Code prior to issuance of a building permit.

3.20 All walls and fences shall have a maximum height of six (6) fee t unless a variance application has been approved in accordance with Chapt er 9.76 of the CCMC.

3.21 The project and all events and activities shall comply with the regulations of Chapter 11.96 (Noise Control) unless the necessary permits and approvals for

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the event or activity have been approved by the City in accorda nce with the CCMC.

3.22 Any switch gear and/or roof access shall be internal to the building.

3.23 All drains pipes shall be interior to the building. Exposed dra inpipes are specifically prohibited.

3.24 All drain terminations shall be from the Watts Drainage Product RD-940 or a product of equal value.

3.25 All exterior lighting shall be installed and maintained in such a manner that glare and intensive light sources will not be visible at the property line.

3.26 All existing and proposed lighting, light fixtures, and light s tandards shall comply with Section 9.89 of the Municipal Code relating to outdoor lighting.

3.27 No lighting standard or pole shall have a height over 18 feet.

3.28 The site shall be maintained in a trash, weed and debris free condition.

3.29 The building and landscaping shall be maintained in a condition that substantially complies with this approval.

3.30 The applicant shall construct a trash enclosure pursuant to the City standard or as modified pursuant to the CCMC and Building Code.

3.31 Loading or unloading shall occur only within designated loading areas and not within the public right-of-way, except those activities approve d by the Director of Planning/Building and City Engineer.

3.32 Exterior paint colors for all buildings shall comply with the c olor samples on file in the Planning Department.

3.33 The Applicant’s contractors must divert at least 75 percent of all demolition waste to a recycling facility. The reuse of materials is considered a n acceptable recycling program but must be documented and approved by the En vironmental Conservation Manager.

3.34 Prior to the issuance of a Certificate of Occupancy, the applic ant shall submit all weight tickets associated with trash and recycling disposal to be approved by the Environmental Conservation Manager.

3.35 The parking of any vehicles related to an event or activity on a public street, intended or unintended, is prohibited.

3.36 A Final Site Plan shall be submitted to and approved by Plannin g Department prior to the issuance of building permits.

3.37 A Final Fence and Landscape Plans shall be submitted to and app roved by the Architectural Review Committee prior to the issuance of building permits.

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Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

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3.38 Any indoor event that uses the outdoor patio enclosure shall co mply with the CCMC, including regulations fou nd in Chapter 11.96 (Noise Contr ol) and shall not exceed the maximum building occupancy designated by the Building Code.

3.39 All events or activities shall occur only between the hours of 7:00 AM and 1:00 AM unless a Special Use Permit is obtained in accordance with t he procedures established in Chapter 9.68 of the CCMC

3.40 Any outdoor event or activity or an event or activity with an o utdoor amenity or component shall require the approval of a Special Use Permit in accordance with the procedures established in Chapter 9.68 of the CCMC.

3.41 Any event or activity that will exceed the maximum building occ upancy, as determined by the CCMC and Building Code, shall require the app roval of a Special Use Permit in accordance with the procedures establishe d in Chapter

9.68 of the CCMC.

3.42 Any event or activity that requires additional parking beyond w hat is provided on the project site, within established parking areas and spaces, shall require the approval of a Special Use Permit in accordance with the procedu res established in Chapter 9.68 of the CCMC.

3.43 Any event or activity that involves cannabis, or a temporary c annabis event, shall comply with Chapters 5.88 and 9.108 of the CCMC.

3.44 The applicant shall ensure that any event or activity that serv es or sells alcoholic beverages shall obtain the proper permits from the Alcoholic Be verage Control office. A copy of said permit shall be provided to the City upon request.

3.45 Any event or activity that requires the approval of the County Health Department shall obtain the necessary permits. A copy of said permit(s) sh all be provided to the City upon request.

SECTION 4 ENGINEERING / PUBLIC WORKS

4.01 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any clai m, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit No. 19-019 (CUP) and corresponding Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The Cit y shall promptly notify the applicant of any claim, action or proceeding and sha ll cooperate fully in the defense.

4.02 This CUP shall expire two years after the City Planning Commiss ion approval date, unless recorded or granted a time extension pursuant to C athedral City Ordinance 659; Section 3; Paragraph 8.4(A).

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4.03 This CUP and Plans shall comply with the requirements and stand ards of Government Code §§ 66410 (“the Subdivision Map Act”), and Cathe dral City Ordinance No. 629 and 659.

4.04 This CUP shall comply with all applicable terms, conditions and /or mitigation measures for the following approvals:

A. CUP No. 19-019.

B. Cathedral City Design Guidelines.

C. Cathedral City Water Conservation Policies and Rules.

D. Cathedral City Municipal Codes and Ordinances.

In the event of any conflict(s) between approval conditions and /or provisions of these approvals, the Director of Engineering/Public Works and/o r Director of Planning/Building shall determine precedence.

4.05 All conditions herein shall be met prior to any Engineering Per mit issuance for the CUP or as specifically modified by item as linked to a Certific ate of Occupancy (COO) issuance and/or time limit from the date of issuance of t he Engineering Permit.

4.06 Prior to issuance of any Engineering, Grading, Encroachment or Building Permit by the City, the Applicant shall obtain any necessary clearance s and/or permits from the following agencies, if required:

A. City of Cathedral City Fire Marshal.

B. Cathedral City Engineering Department.

C. Cathedral City Planning Department.

D. Cathedral City Building Department.

E. Riverside County Environmental Health Department.

F. Palm Springs Unified School District.

G. Coachella Valley Water District (CVWD).

H. Southern California Edison (SCE).

I. Frontier Communications.

J. Spectrum Cable (TW).

K. California Regional Water Quality Control Board (CRWQCB) L. State Water Resources Control Board
M. Sunline Transit Agency (SunLine)
N. South Coast Air Quality Management District – Coachella Valley (SCAQMD).

The Applicant is responsible for all the requirements of the pe rmits and/or clearances from the above listed agencies. When the requiremen ts include approval of improvement plans, the Applicant shall furnish proo f of such approvals when submitting those improvement plans for City approval.

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4.07 If applicable, the Applicant shall be responsible for completin g all CUP approved Phase I Study recommendations, all City and Riverside County re quirements and Riverside County Department of Environmental Health requirement s. Proof of compliance shall be submitted to the City before issuance of Bu ilding Permits for the CUP.

4.08 As applicable, coverage under the State of California Construct ion General Permit must be obtained by the Applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgement of the Applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (”WDID”) number to the City prior to the issuance of a Grading or Building permit.

4.09 As applicable, prior to construction, during construction and u p to Project acceptance the Applicant shall comply with applicable provisi ons of the City’s NPDES Stormwater Discharge Permit and Riverside County Ordinanc e No. 457; the California Regional Water Quality Control Board – Colorado River Basin Regional Board Order No. R7-2013-0011 and the State Water Resou rces Control Board’s Or der No. 2009-009-DWQ, Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.

A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs le ss than one (1) acre of land, but which is a part of a construction project tha t encompasses more than one (1) acre of land, the App licant (“Permitee”) shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board (“SWRCB”).

B. The Applicant or design professional can obtain the Californ ia Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.

C. Prior to the Applicant submitting the SWPPP to the SWRCB, th e Applicant shall submit a copy of the SWPPP to the Director of Engineering /Public Works for review.

D. The Applicant shall deliver a complete copy of the State Wat er Resources Control Board approved SWPPP to the Director of Engineering/Pub lic Works prior to issuance of the Grading Permit for City records.

E. The Applicant shall ensure that the required SWPPP is availa ble for inspection at the project site at all times through and including acceptan ce of all improvements by the City.

F. The Applican t’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”), but not limited to:

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1) Temporary Soil Stabilization (erosion control).

2) Temporary Sediment Control.

3) Wind Erosion Control.

4) Track-Out Control.

5) Non-Storm Water Management.

6) Waste Management and Materials Pollution Control.

7) Retention and Infiltration Basins Management.

G. All erosion and sediment control BMPs proposed by the Applic ant shall be approved by the Director of Engineering/Public Works.

H. The SWPPP and BMPs shall remain in effect for the entire dur ation of Project construction until all improvements are completed and accepted by the City.

4.10 Erosion Control BMPs shall remain in effect for the entire dura tion of Project construction until all improvements are completed and accepted by the City.

4.11 The Applicant shall be responsible for hardscape and landscape maintenance and blow sand, debris, trash, rubbish and deleterious material remo val in all areas of the CUP’s interior spaces and street frontages, including gutter pans, si dewalks, parkways, right-of-way; and interior parking lots, drive aisles , landscaped areas and all other interior areas. The Applicant shall include thes e responsibilities into the daily maintenance of the site for perpetuity and be include d in a Maintenance Covenant recorded on all parcels within the CUP, as approved by the Director of Engineering/Public Works and Director of Planning/Building.

4.12 Approval of this CUP and Plans shall not be construed as approv al for any horizontal dimensions implied by any site plans or exhibits unl ess specifically identified in the following Conditions of Approval.

4.13 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to prepare, review, negotiate and/or modify any documents or instr uments required by these conditions and/or subsequent modification requests to these Conditions of Approval. This obligation shall be paid in the time noted ab ove without deduction or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.

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4.14 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual co nsultant’s fees incurred by the City for engineering, surveying and/or any other technical consultants to review and/ or modify any documents or instruments required by these conditions and/or su bsequent modification requests. This obligation shall be paid in the ti me noted above without deduction or offset and Applic ant’s failure to make such payment shall be material breach of the Conditions of Approval.

4.15 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 inst ruments required by these conditions and/or subsequent modification req uests. This obligation shall be paid in the time noted above without deduct ion or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.

PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS

4.16 Prior to issuance of any permit(s), the Applicant shall acquire or confer easements and other property rights necessary for the construction or pro per functioning of the proposed CUP. Conferred rights shall include irrevocable o ffers to dedicate or grant access easements to the City for emergency services and f or maintenance, construction and reconstruction of essential improvements.

4.17 Pursuant to the aforementioned condition, conferred rights shal l include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the propos ed CUP not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of all phases of the development.

Specifically:

i. The Applicant will record the Maintenance Covenant described i n Condition 4.11 on all parcels (APNs: 673-250-026, 673-250-027, 673-250- 028 and 673-250-029) of the CUP subject to the approval of the Director of Engineering/Public Works.

ii. The Applicant will record the Street Light Covenant describ ed in Condition

4.28 on the applicable adjacent parcels (APNs: 673-250-026, 673 -250- 027, 673-250-028 and/or 673-250-029) of the CUP located along G erald Ford Drive and Date Palm Drive, respectively, subject to the ap proval of the Director of Engineering/Public Works.

iii. The Applicant will record a Mutual Access Covenant on all parcels (APNs:
673-250-026, 673-250-027, 673-250-028 and 673-250-029) of the C UP

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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 30
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 342
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

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and adjacent parcels (APNs: 673-250-004 and 673-250-025) subje ct to the approval of the Director of Engineering/Public Works.

iv. The Applicant will record a Mutual Parking Covenant on all parcels (APNs:
673-250-026, 673-250-027, 673-250-028 and 673-250-029) of the C UP subject to the approval of the Director of Engineering/Public Works.

v. The Applicant will record a Mutual Drainage Covenant on all parcels (APNs: 673-250-026, 673-250-027, 673-250-028 and 673-250-029) o f the CUP and adjacent parcels (APNs: 673-250-004 and 673-250-025) subject to the approval of the Director of Engineering/Public Works.

vi. The Applicant will record the Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenan ce Covenant (as part of the WQMP) described in Condition 4.34 on P arcel APN 673-250-029 of the CUP.

4.18 The Applicant shall retain for private use in this CUP all priv ate street rights-of- way, parking lots, access ways, entry points, and rights-of-way in conformance with the City’s General Plan, Municipal Code, CUP and/or as required by the Director of Engineering/Public Works.

4.19 The Applicant shall design the onsite private parking lot and d rive aisles pavement sections using Cal Trans’s design procedure for 20 -year life pavement, and the site-specific data for soils strength and anticipated traffic l oading (including construction traffic). Minimum structural sections, with aspha lt placed in two lifts, shall be as follows:

i. All Parking Lot and Drive Aisles westerly of the CUP ’s building frontage extending to the west, north and south property lines:

a. Applicant will complete parking lot paving by preparing and installing a new 2-inch asphalt cap on the existing asphalt parking lot, subject to material and workmanship approved by the Director of Engineering/Public Works prior to the issuance of the COO.

b. Apply striping, legends and signage over the entire repaved parking lot and drive aisles. Final striping, legend and signage layout shall be approved by the Director of
Engineering/Public Works.

c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots ” t h a t do not have positive drainage. Drainage shall be disposed

3.A.a
Packet Pg. 27
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 31
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 343
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

Page 14 of 33 ends

of via on-site storm drains, new and existing catch basins, underground percolation piping chambers, dry wells and/or retention basin(s) as approved by the Director of
Engineering/Public Works.

i. One “low spot ” specifically identified for correction is approximately 30 feet east of the Date Palm Driveway
entrance.

ii. All Parking Lot and Drive Aisles abutting north and east of the CUP’s building frontage extending to the north and east property lines:

a. Applicant will grind 1.5-inches of existing asphalt and replace with 1.5-inches of new asphalt subject to material and
workmanship approved by the Director of Engineering/Public Works prior to the issuance of the COO.

b. Apply striping, legends and signage over the entire parking lot and drive aisles. Final striping, legend and signage layout shall be approved by the Director of Engineering/Public Works.

c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots ” t h a t do not have positive drainage. Drainage shall be disposed of via on-site storm drains, new and existing catch basins, underground percolation piping chambers, dry wells and/or retention basin(s) as approved by the Director of
Engineering/Public Works.

iii. All Parking Lot and Drive Ais les abutting south of the CUP ’s building frontage extending to the south and east property line:

a. Applicant will remove and rep lace existing and/or install ne w asphalt with 3.0-inches/4.5-inches class II base subject to material and workmanship approved by the Director of
Engineering/Public Works prior to the issuance of the COO.

b. Apply striping, legends and signage over the entire parking lot and drive aisles. Final striping, legend and signage layout shall be approved by the Director of Engineering/Public Works.

c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots ” t h a t

3.A.a
Packet Pg. 28
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 32
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 344
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

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Cathedral City City CouncilFebruary 9, 2022

Cathedral City City Council
February 9, 2022