Cathedral City City Council
February 9, 2022

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.

iv. All parking lot lighting and required conversions to LED sh all comply with the lighting, photometric, Building Plans and Engineering Site Plan s to the satisfaction of the Director of Planning/Building and Director of Engineering/Public Works.

4.20 The Applicant shall reconstruct on the following frontage driveways:

i. Date Palm Drive (where the ac cess driveway currently exists):

a. One (1) approximately 38-foot-wide Riverside County
Commercial Driveway Standard No. 207A, to be show on the plans and constructed to the satisfaction of the Director of Engineering/Public Works.

ii. Gerald Ford Drive approximately 300 feet west of the CUP ’s east property line (where the access driveway currently exists):
a. Upgrade and add ADA appurtenances (truncated domes,
etc.…) to the one (1) 34 -foot wide, Riverside County
Commercial Driveway Standard N o. 207A to bring driveway into ADA compliance (if slopes and grades are already in ADA compliance), to be show on the plans and upgraded to the satisfaction of the Director of Engineering/Public Works.

i. If existing slopes and grades of the driveway are not in ADA compliance, portions and/or all the existing
driveway will be reconstructed to the satisfaction of
the Director of Engineering/Public Works.

iii. Gerald Ford Drive adjacent and west of the CUP ’s east property line (where the access driveway currently exists):

a. Construct One (1) 35-foot-wide Riverside County
Commercial Driveway Standard No. 207A, to be show on the plans and constructed to the satisfaction of the Director of Engineering/Public Works

4.21 The three (3) entry/exit driveways on Date Palm Drive and Geral d Ford Drive, respectively, fronting the CUP as shown on the CUP ’s Plans and as part of these Conditions of Approval, shall provide ingress and egress for cu stomers,

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

employees, deliveries and vendors. Any modification in use to these driveways will require the approval of the Director of Engineering/Public Works.

4.22 The three (3) entry drives, inter ior circulation routes, setbac ks and other features generally shown on the CUP ’s Plans, may require additional street w idths as determined by the Director of Engineering/Public Works.

4.23 Curve Radii for curbs at all street intersections and driveways shall not be less than 35 feet to be as shown on the CUP ’s Plans. All radii less than 35 feet will require the individual approval of the Director of Engineering/Public Works.

4.24 All commercial driveways shall be RC Commercial Driveway Standa rd No. 207A as specifically cited in these Conditions of Approval with fina l approval by the Director of Engineering/Public Works.

4.25 The Applicant shall install Type A-6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, and provide lateral co ntainment of dust and residue during street sweeping operations, subject to the a pproval of the Director of Engineering/Public Works.

4.26 The Applicant shall construct all roadways, parking lots, drive aisles, curbs and gutters, sidewalks and driveways to uniformly connect to existi ng adjacent public and/or private improvements within and adjacent the CUP to be s hown on the Plans to the satisfaction of the Director of Engineering/Public Works.

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

4.28 The Applicant shall coordinate and pay all cost necessary for t he installation of the six (6) below detailed City and Southern California Edison (SCE ) approved LED street lights with SCE and to take over all related expenses, i ncluding the monthly electrical expense for the street lights installed prior to the issuance of the COO.

The Applicant shall execute a Street Light Covenant and be revi ewed and approved by the Director of Engineering/Public Works prior to recordation.

A. Install three (3) 22,000 lumen LED street lights along the D ate Palm Drive frontage of the CUP, per City an d SCE Standards, with the final locations subject to approval by the Director of Engineering/Public Works p r i o r t o t h e issuance of the COO.

B. Install three (3) 22,000 lumen LED street lights along the C onverse Road frontage of the CUP, per City and SCE Standards, with the final locations

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

subject to approval by the Director of Engineering/Public Works p r i o r t o t h e issuance of the COO.

4.29 If applicable, the Applicant shall coordinate and pay all cost necessary for the undergrounding and removal of all, and not limited to, aerial w ires, power lines, telephone wires, cable lines, communication equipment, pole und er burden and respective poles that are within this CUP, per CC Municipal Cod e 8.30.050, prior to the issuance of the COO to the satisfaction of the Director of Engineering/Public Works.

4.30 The Applicant will design and install on site stormwater drainage facilities:

i. Within the paved and landscaped areas of the CUP, the Applic ant will design facilities to capture all incrementally increased onsite nuisan ce and stormwater, with breakout facilities, per Cathedral City Munici pal Code and WQMP requirements and other conditions specified herein to the satisfaction of the Director of Engineering/Public Works.

4.31 Dedications shall include additional widths as necessary for de dicated right and left turn lanes, deceleration and acceleration lanes, bus turno uts and other features that may be contained in the CUP Plans.

4.32 When the Director of Engineering/Public Works determines that a ccess rights to the proposed street rights-of-way shown on the CUP ’s Plans are necessary prior to the issuance of the COO, the Applicant shall grant the neces sary rights-of-way within 60 days of a written request by the City.

4.33 Where public facilities (e.g. sidewalks) are placed on privatel y owned setbacks, the Applicant shall offer for dedication blanket easements for those purposes by separate instrument prior to the issuance of the first COO.

4.34 As applicable, the Applicant shall offer for dedication to the City those easements necessary for access to drainage facilities and basins, by sepa rate instrument.

The Applicant and/or Owner is required to execute a Water Quali ty Management Plan and Urban Runoff Best Management Practices Transfer, Acces s and Maintenance Covenant with the City (as part of the WQMP) prior to issuance of the Grading Permit.

4.35 The Applicant shall cause all missing property corners and surv ey monuments within the boundaries of the CUP to be set prior to the issuanc e of the COO, in accordance with the Subdivision Map Act and City requirements.

4.36 The Applicant shall furnish proof of easements, or written perm ission, as appropriate, from those owners of all abutting properties on wh ich, and not limited to, grading, wall construction, retaining wall construction, pe rmanent slopes, street

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities will occur.

i. Further, all abutting properties disturbed by the Applicant ’s CUP, and not limited to, grading, wall construction, retaining wall construc tion, permanent slopes, street improvements, sidewalks, driveways, ut ility relocations, other encroachments and other construction activit ies performed by the Applicant, will be restored to original and/or improved conditions subject to the prior review and approval of the Dire ctor of Engineering/Public Works and/or Director of Planning/Building.

4.37 The Applicant shall cause no easement to be granted, or recorde d, over any portion of the subject property between the date of approval of the CUP and the date of issuance of the COO, unless such easement is approved by the Director of Engineering/Public Works.

4.38 The Applicant shall be responsible for the vacation and grantin g of easements that address changes in the existing easements over the proposed CUP that may be affected by proposed improvements. Pursuant this condition, th e Applicant shall apply to the City for any street vacation request of public rig ht-of-way and/or utility easements. The Applicant must provide all applicable exhibits a nd legal descriptions and perform all necessary abandonments or relocati on of easements 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 o f Engineering/Public Works. Typically, the right-of-way vacation process is up to three (3) months.

PUBLIC IMPROVEMENTS

4.39 The Applicant shall construct and dedicate the following street improvements to conform to the General Plan and the requirements of the CUP ’s Traffic Impact Analysis:

A. PUBLIC STREETS

1) Date Palm Drive – Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:

a) Date Palm Drive is a public roadway and is designated as an Arterial Highway with a 126 ft. right of way (half street right of way is 63 ft.).

b) Street measured at curb to curb shall have a 94 ft. street w idth.

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

c) Construct full street improvements along the CUP ’s Date Palm Drive frontage including new curb, gutter, sidewalk and asphalt at th e General Plan street section location of 47 ft. east of Date Pal m Drive’s centerline of improvements (5 ft. west of the Date Palm Drive centerline) per the General Plan.

Curb and gutter will be constructed 4 ft. east of the existing curb along the CUP’s Date Palm west frontage with a curb line taper transition of curb, gutter, sidewalk, striping , delineators and signage comme ncing north of the north property line and south of the south propert y line, respectively, designed and constructed to the satisfaction of t he Director of Engineering/Public Works.

d) Grind and overlay existing Date Palm Drive a.c. a minimum of 1-inch as needed to create a 2% crossfall to meet new a.c. placed adja cent the new curb and gutter cited in Condition 43.9.A.1).c) above t o the satisfaction of the Director of Engineering/Public Works.

e) Coordinate all public and private roadway improvements and d riveway transitions with the adjacent property owner and coordinate rel ocation of fire hydrants, water meters, storm drains and all other appurtenances as required to the satisfaction of the Director o f Engineering/Public Works.

f) Construct all street, curb and gutter to uniformly connect t o existing adjacent improvements north and south of the CUP along Date Pal m Drive to the satisfaction of the Director of Engineering/Public Works.

g) Street shall have A-6 or A-8 curbs per County of Riverside ( RC) Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations.

h) Construct a 6-foot wide curb adjacent or meandering off curb concrete sidewalk per RC Standards, with all required ADA ramps and util ity offsets as approved by the Director of Engineering/Public Works.

i) Construct an ADA pedestrian sidewalk ramps to conform to Cal Trans A-88-A as approved by the Director of Engineering/Public Works.

j) Construct all appurtenant roa dway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping , legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

k) The CUP ’s Date Palm Drive frontage will be designated as “No Parking” with curbs painted red as approved by the Director of Engineering/Public Works.

l) Date Palm Drive improvements may be deferred up to two (2) y ears provided the following conditions are met:

1. A written request for the deferment of the Date Palm Drive widening improvements, as outlined in these Conditions of Approval, will be required to be submitted to the Director of Engineering/Public Works and an executed acknowledgement received back from the Director of Engineering/Public Works.

2. Only a Temporary Certificate of Occupancy (TCO) may be issued for the CUP until all Date Palm Drive improvements, as outlined in these Conditions of Approval, have been completed.

3. All improvements, as outlined in these Conditions of Approva l, will be completed within two (2) years of the anniversary of th e issuance of the TCO.

4. All improvement plans for Date Palm Drive must be completed prior to the CUP ’s inspection for a TCO or COO, whichever is requested first.

5. If applicable, all dedications of right of way for Date Palm Drive must be completed prior to the CUP’s inspection for the TCO.

6. The improvements for Date Palm Drive, as outlined in these Conditions of Approval, will be secured with a Public Works Completion Agreement and applicable securities (e.g.
bonds/cash) and be in place prior to the issuance of the TCO.

7. Upon completion of the Date Palm Drive improvements, as outlined in these conditions of approval and to the satisfactio n of the Director of Engineering/Public Works, the Applicant shall request a release of the respective Public Works Completion Agreement and respective securities and exchange of the TCO for a Certificate of Occupancy (COO) if all other Conditions ha ve been met.

2) Gerald Ford Drive – Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

a) Gerald Ford Drive is a public roadway and is designated, alo ng the CUP’s Gerald Ford Drive frontage as a Major Highway with a 112-foot ROW (half street right of way is 56 ft.).

b) Street measured centerline to south curb shall be 38 ft.

c) Remove and replace a 5 feet width of the existing roadway a. c. abutting the existing curb along the CUP ’s Gerald Ford Drive frontage from the CUP ’s west property line (approximately 150 feet from Date P a l m D r i v e ) t o t h e C U P’s east property line, maintaining the 2% crossfall to meet the existing curb and gutter to the satisfact ion of the Director of Engineering/Public Works.

d) Construct all street, curb and gutter to uniformly connect t o existing adjacent improvements west and east of the CUP along Gerald For d Drive as approved by the Director of Engineering/Public Works.

e) Street shall have Type A-6 or A-8 curbs per County of Rivers ide (RC) Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations.

f) Construct a 6-foot wide curb adjacent or meandering off curb concrete sidewalk per RC Standards, with a ll required ADA ramps and util ity offsets as approved by the Director of Engineering/Public Works.

g) Construct all appurtenant roadway components such as, but no t limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping , legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.

h) The CUP ’s Date Palm Drive frontage will be designated as “No Parking” with curbs painted red as approved by the Director of Engineering/Public Works.

i) Gerald Ford Drive improvements, as outline in these Conditio ns of Approval, will not be deferred an d will be completed prior to t he request for a TCO or COO inspection, whichever is requested first.

4.40 The Applicant shall design street pavement sections using C al 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:

Date Palm Drive: 5.5 ” a.c./8” cement treated base.

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

Gerald Ford Drive: 5.5” a.c./6.5” class II base.

4.41 The Applicant has not completed a Traffic Study. A Traffic Rep ort has been completed for a prior use of the CUP ’s APNs titled: “Traffic Report – Case No. 1 8 . 3 0 ( C P S ) P P # 4 5 4 3” f o r “Proposed Commercial Development N/E Corner of 36th Avenue and Date Palm Drive, Cathedral City, California” dated June 4, 1979.

1) In conjunction with any Spec ial Use Permit (SUP) event reque st for the CUP that acknowledges that the parking requirements will exceed the o n s i t e parking capacity (currently 405 spaces if no on site parking sp aces are eliminated due to the SUP), an SUP event specific parking analy sis will need to be submitted to the Director of Engineering/Public Works for review and approval prior to a recommendation for the issuance of the SUP. The parking analysis will be complete with graphics and descriptions of ons ite and offsite parking, shuttle routes to and from the SUP event complete with t i m e s o f departures at each end and any other SUP event specific analysi s requested by the Director of Engineering/Public Works.

Note: At the Director of Engineering/Public Work ’s discretion, the parking analysis may be required to be completed by a CA Registered Tra ffic Engineer.

4.42 The Applicant will cooperate with all adjacent developers and p roperty owners to assure that drainage, access and roadway designs are constructe d to assure that all adjacent public works infrastructure is constructed in a un iform manner as approved by the Director of Engineering/Public Works.

4.43 Curve Radii for curbs at all street intersections shall not be less than 35 feet or matching opposing approved corner curve radii or as approved by the Director of Engineering/Public Works.

4.44 Right-of-Way geometry for propert y line corner cutbacks at curb returns shall conform to RC Standard Drawing No. 805 unless otherwise approve d by the Director of Engineering/Public Works.

4.45 Improvements shall be designed and constructed in accordance wi th City adopted standards, supplemental drawings and specifications, or as appr oved by the Director of Engineering/Public Works.

4.46 All public and private improvements shall be subject to City re quirements for inspection during construction.

4.47 The City will conduct final inspections of structures only when the buildings have improved street and sidewalk access (including ADA access) to p ublicly

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

maintained streets. The improvements shall include required tr affic control devices, pavement markings and street name signs.

IMPROVEMENT PLANS

As used throughout these Conditions of Approval, professional t itles such as “engineer,”’ “surveyor,” and “architect,” refer to persons curr ently certified or licensed to practice their respective professions in the State of California.

4.48 Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shal l comply with all requirements of the City of Cathedral City.

4.49 The following improvement plans shall be prepared and submitted for review by the Engineering Department. A separate set of plans for each line item specified below, for each phase, shall be prepared. The plans shall util ize the minimum scale specified, unless authorized by the Director of Engineeri ng/Public Works.

Plans may be prepared at larger scale if additional detail or plan clarity is desired.

NOTE: The Applicant may be required to prepare other improvemen t plans not listed here pursuant to improvements required by other agencies and utility purveyors.

NOTE: All Plans will be prepared by a Civil Engineer licensed to practice their profession in the State of California.

A. On-Site Precise Grading Plan 1” = 40’ Horizontal
B . P M 1 0 P l a n 1” = 40’ Horizontal and report form C. Erosion Control Plan 1” = 40’ Horizontal
D. WQMP (Plan submitted in report form)

NOTE: A through D to be submitted concurrently.

NOTE: Precise Grading Plan shall normally include perimeter wal l with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.

E . N o t u s e d
F. On Site Storm Drain Plan - if applicable 1” = 40’ Horizontal G. Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical H. Street Signing and 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: The street improvement plans shall show the sidewalk in t he combined parkway and landscape setback area.

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

NOTE: Separate Off-Site Storm Dr ain Plan if required by Directo r of Engineering/Public Works.

Other engineered improvement plans prepared for City approval t hat are not listed above shall be prepared in formats approved by the Director of Engineering/Public Works prior to commencing plan preparation.

All Plan and Profile Street Plans and Signing and Striping plan s shall show all existing improvements for a distance of at least 200-feet beyon d the project limits, or a distance sufficient to show any required design transitions.

All Signing and Striping Plans shall show, at a minimum; Stop S igns, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (RPMs) ( including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plans and/or as approved by the Director of Engin eering/Public Works.

4.50 The Applicant shall furnish accurate Mylars of all improvement plans to the Director of Engineering/Public Works for approval. The improve ment plans shall be of a scale approved by the Director of Engineering/Public Works.

4.51 The Applicant shall furnish a copy of all approved improvement plans on an electronic storage media acceptable to the Director of Engineering/Public Works.

4.52 Upon completion of construction and prior to final acceptance of the improvements by the City, the Applicant shall furnish the City with reproduc ible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and sh all be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the dra wings. The Applicant shall have all approved Mylars previously submitted t o the City, revised to reflect 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 EOR can make site visits in support of preparing “As Built”. However , if subsequent approved revisions have been approved by the Director of Engine ering/Public Works and reflect said “As Built” conditions, the EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal.

IMPROVEMENT SECURITY AGREEMENTS

4.53 A Public Works Completion Agreement is required prior to issuan ce of an Encroachment Permit or Building Permit, whichever is issued fir s t . T h e P u b l i c Works Completion Agreement will be entered into by and between the Applicant

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

and the City of Cathedral City, for the purpose of guaranteeing the completion of the public improvements related to this CUP and shall comply wi th all applicable City Codes and Ordinances.

All required improvement securities shall be in a form and amou nt as approved by the City Attorney and Director of Engineering/Public Works. Ev idences of liability and worker’s compensation insurance coverage shall be submitted as require d by the terms of the Public Works Completion Agreement.

4.54 Prior to improvement plans approval the Applicant shall submit for review and City approval, Covenants for the future maintenance and upkeep of (a nd not limited to) street lights, landscaping improvements, hardscape improvements , PM-10 cleanup mitigation, drainage facilities, retention basin improv ements and permanent site BMP appurtenances. Once approved by the City, A pplicant shall execute and record such Covenants.

4.55 The Applicant shall submit applicable deposits for the cost of reviewing the applicable Public Works Completion Agreement(s), Drainage Coven ant, Mutual Drainage Easements, Street Light Covenant, PM-10 Cleanup Mitiga tion Covenant and/or any other requests or form submittals made by the Applic ant related to this CUP.

4.56 Improvements to be made, or agreed to be made, shall include th e removal of any existing structures or other obstructions which are not a part o f t h e p r o p o s e d improvements and shall provide for the setting of the final survey monumentation.

Public improvements shall be secured through a Public Works Com pletion Agreement, prior to the issuance of the COO.

Improvements and obligations required shall be complete prior t o the issuance of COOs of permanent buildings or as otherwise approved by the Dir ector of Engineering/Public Works.

In the event the applicant fails to construct the improvements for the CUP 19-019 or fails to satisfy its obligations for the CUP in a timely man ner, the City shall have the right to halt issuance of permits, and/or final inspections , withhold other approvals related to the development of CUP, or call upon the s urety to complete the improvements.

4.57 Depending on the timing of the development of this CUP, and the status of the improvements at the time, the Applicant may be required to:

A. Construct certain improvements.

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

B. Construct additional improvements, subject to the reimbursem ent of its cost by others.

C. Reimburse others for those improvements previously construct ed that are considered to be an obligation of this CUP.

D. Secure the costs for future i mprovements 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 improvements required for this CUP are constructed by the City, the Applicant shall, prior to the issuance of any permit or COO related thereto, reimburse the City for the costs of such improvements.

If the Applicant elects to utilize the secured agreement altern ative, the Applicant shall submit detailed construction cost estimates for all propo sed improvements for each phase, including an estimate for the final survey monu mentation, for checking and approval by the Director of Engineering/Public Wor ks. Such estimates shall conform to the unit costs schedule as approved by the Director of Engineering/Public Works.

Estimates for improvements under the jurisdiction of other agen cies shall be approved by those agencies and submitted to the City along with the Applicant’s detailed cost estimates.

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

4.58 The Applicant shall provide security to guarantee the final mon umentation of this CUP. All securities for final survey monumentation will be in the form of 100% cash deposits.

GRADING

4.59 The Applicant shall comply with all the provisions of Cathedral City Municipal Codes and Ordinances.

4.60 The Applicant shall obtain a Grading Permit approved by the Dir ector of Engineering/Public Works prior to initiating any construction or on the CUP site.

4.61 To obtain an approved Grading Permit, the Applicant shall submi t and obtain approval of all of the following:

A. A Grading Plan prepared by a civil engineer registered in th e State of California,

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

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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) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

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

C. A Fugitive Dust Control Plan prepared in accordance with Cit y of Cathedral City requirements,

D. An Erosion Control Plan prepared in accordance with City of Cathedral City requirements,

E. A Best Management Practices report prepared in accordance wi th Cathedral City requirements (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls),

F. As applicable, A WQMP prepared by an authorized professional registered in the State of California, and

G. If applicable, a Conditional Letter of Map Revision – Fill (CLOMR-F) issued by the Federal Emergency Management Agency (FEMA). If the Applican t is not securing a CLOMR the Applicant must verify that the entire Proj ect limits are outside a FEMA designated Flood Hazard Area and/or Area of Floo d Hazard Risk as designated by the latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.

4.62 If applicable, all grading shall conform with the recommendatio ns contained in the Preliminary Soils Report, Phase 1 Environmental Assessment report and shall be certified as being adequate by the soils engineer, or engineeri ng geologist registered it the State of California.

4.63 A statement shall appear on the Grading Plan that a soils repor t has been prepared in accordance with the California Health and Safety Co de § 17953 and California Government Code § 66490.

4.64 The Applicant shall furnish security, in a form acceptable to t he City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a Grading P e r m i t .

Additionally, the Applicant shall replenish said security if ex pended by the City of Cathedral City to comply with the Fugitive Dust Control Plan as required by the Director of Engineering/Public Works.

4.65 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undev eloped 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.

3.A.a
Packet Pg. 41
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 45
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 357
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

4.66 Grading within the parkway areas shall conform to Cathedral Cit y requirements except as otherwise modified by this condition. The maximum sl ope shall not exceed 3:1 anywhere in the landscape setback area, except for t he back slope (i.e. the slope at the back of the landscaped lot) which shall not exceed 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 nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slo pe within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb sha ll be depressed one and one-half inches (1.5”) in the first eighteen inches (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 improvement plans, unless the pad elevations have other requirements imposed elsewhere in the Conditions of Approval.

4.68 Building pad elevations of perimeter lots shall not differ by m ore than one foot higher from the building pads in adjacent developments. The Ap plicant shall minimize the differences in elevation between the adjoining pro perties and this Project.

4.69 Prior to any site grading or re-grading that will raise any por tion of the site by more than plus or minus half of a foot (0.5’) from t he elevation shown on the approved Grading Plans, the Applicant shall submit the proposed grading changes to the Director of Engineering/Public Works for a substantial conformance review.

4.70 Prior to the issuance of a Building Permit for any building, th e Applicant shall provide a parcel Pad Certification stamped and signed by a qual ified engineer or surveyor with applicable compaction tests and over excavation d ocumentation.

Each pad certification shall list the pad elevation as shown on the approved Grading Plan, the actual pad elevation and the difference betwe en the two, if any.

Such Pad Certification shall also list the relative compaction of the pad soil. The data shall be organized by parcel number and listed cumulativel y if submitted at different times.

4.71 This Project shall comply with t he Cathedral City Floodplain Ma nagement Ordinance. If any portion of any proposed building parcel in t he CUP is or may be located within a Flood Hazard Area as identified on the Cit y’s Flood In surance Rate Maps (FIRM Maps), the development shall be graded to ensur e that all floors and exterior fill (at the foundation) are above the level of th e project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 645.5(a) (6). P rior to issuance of building permits for parcels which are so located, the Applican t shall furnish Elevation Certifications, as required by FEMA, that the above c onditions have been met.

3.A.a
Packet Pg. 42
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

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

6.B.a
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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

4.72 If applicable, prior to the issu ance of the Building Permit for any building, the Applicant shall provide to the Director of Engineering/Public Works a Letter of Map Revision (LOMR) issued by FEMA.

DRAINAGE

4.73 Stormwater handling shall conform to the approved Hydrology and Drainage Report for the CUP. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.

4.74 Incremental increases in stormwater and nuisance water (drainag e) shall be retained on site and shall be disposed of in an approved manner . Nuisance water shall be disposed of via on-site storm drains, new and existing c a t c h b a s i n s , underground percolation piping chambers, dry wells and retentio n basin(s) as approved by the Director of Engineering/Public Works.

4.75 All drainage water shall be conveyed underground, to the satisf action of the Director of Engineering/Public Works.

4.76 Storm water drainage historically received from adjoining prope rties shall be received and retained and/or passed though into the historic downstream drainage relief route.

4.77 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Storm water 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 th e State Water Resources Control Board’s Order No. 2009 -009-DWQ, 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 requireme nts of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance of BMPs per the approved Water Qualit y Management Plan (WQMP) for the project as require by the Califo rnia 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 per (CRWQCB- CRB) Region Board Order No. R7-201 3-0011 utilizing BMPS approve d by the Director of Engineering/Public Works.

UTILITIES

3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 47
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 359
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

4.78 The Applicant shall obtain the approval of the Director of Engi neering/Public Works for the location of all utility lines within any right-of -way, and all above- ground utility structures including, but not limited to, traffi c signal cabinets, electrical vaults, water valves, and telephone stands, to ensur e optimum placement for practical, ADA and aesthetic purposes.

4.79 Any existing overhead utility lines and overhead under-burden w ithin, or adjacent to the proposed development, and all proposed utilities shall b e installed underground per the utility purveyor standards and as approved by the Director of Engineering/Public Works.

4.80 Underground utilities shall be installed prior to overlaying ha rdscape. For installation of utilities in existing improved streets, the App licant shall comply with trench restoration requirements required by the Director of Eng ineering/Public Works.

4.81 The Applicant shall provide certified reports of all utility tr ench compaction for approval by the Director of Engineering/Public Works.

4.82 All facilities within the CUP shall be served with a gravity sa nitary sewer system, a domestic water system and a fire protection system in accordance with CVWD and City of Cathedral City Fire Dep artment requirements and standar ds. Applicant shall pay to the City and CVWD all applicable sewer and water s ervice charges, capacity charges and construction reimbursements to ensure all services are complete, in place and operational prior to the respective COO being issued.

4.83 The Applicant shall abandon or relocate existing easements over C U P p r i o r t o issuance of the COO as required by the agency and/or individual favored and as approved by the Director of Eng ineering/Public Works. Addition ally, the Applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the COO or as approved by the Director of Engine ering/Public Works.

SECTION 5 FIRE PROTECTION
This project has been reviewed as “ Group A-3 ” type occupan cy any other use will require further review.

Unless specifically stated herein, these condit ions shall not be construed to permit or allow deviation from any Federal or St ate laws nor any of the local codes and ordinances adopted by this jurisdiction. Plea se contact the City of Cathedral City Fire Department for any questions regarding co mpliance with the applicable codes or following conditions:

Note: Compliance with all code s, standards, laws, ordinances, and references in place at the time of the submittal, including but not limited to the National Fire Protection

3.A.a
Packet Pg. 44
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

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

6.B.a
Packet Pg. 360
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

Association (NFPA), Underwriters Laboratories (UL), etc.

5.01 The Final Conditions of Approval for this project shall be incl uded in any site plan or construction plans submitted for permit issuance. Plans wil l not be approved without reference to these “conditions”.

5.02 This project is subject to review and approval in accordance with the CCR, Title 19 for Fire and Life Safety. This project is subject to an annua l inspection and permit from the Cathedral City Fire Department for this type of occupancy (use).

5.03 Storage of combustible materials shall be in accordance with the CFC.

5.04 Provisions for the storage or handling of hazardous materials (including pesticides, insecticides and fertilizers) as defined by Federal, State, and Local Law, shall be in accordance with CFC, Chapter 50.

5.05 Storage and handling of flammable and combustible liquids shall be in accordance with the CFC, Chapter 57 and NFPA 30 (2018), Flammable and Comb ustible Liquids Code, and Cathedral City Fire Department Development Guidelines.

LIFE SAFETY AND FIRE PROTECTION SYSTEMS

5.06 The existing building is equipped with an automatic fire suppre ssion system and must continue to provide for 24 hour monitoring per the 2019 CFC.

5.07 The building must be equipped with a public address system in compliance with Section 907.2.1.1 of the 2019 CFC which state s that a “Group A occupancy with an occupant load of 1,000 or more must have an emergency voice/ alarm communications system that is activated by the fire alarm”.

5.08 Portable fire extinguishers shall be installed and maintained i n accordance with CFC, Section 906 and CCR, Title 19, Chapter 3. The type and sp acing shall be approved by the Cathedral City Fire Department prior to installation.

5.09 Emergency lighting and Exit signs are required above all doorwa ys leading to the exterior and in all hallways directing occupants to an exterior exit, via a path of egress. Clear paths of egress are required at-all-times in exit corridors (no storage or equipment).

5.10 All exit doors must swing in direction of egress and shall be r eadily openable from the inside without the of key or special knowledge.

5.11 Required exit access, exits and exit discharges shall be contin uously maintained and free from obstructions.

3.A.a
Packet Pg. 45
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

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

6.B.a
Packet Pg. 361
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

5.12 No surface latches or security bars are permitted on Exit Doors (except as approved by the Fire Department in coordination with the Police Department facility security plan.)

5.13 No change in use or occupancy shall be made to any existing bui lding or structure unless the means of egress system is made to comply with the re quirements for the new use or occupancy in accordance with CFC, Chapter 10.

5.14 An approved fire apparatus access road not less than 20 feet wi de shall be provided for access to within 150 feet of all portions of the building.

5.15 Prior to the issuance of a Certificate of Occupancy, "No Parking - Fire Lane" signs, red curbing, street signs and other required markings shall be provided to the specifications of the Cathedral City Fire Department in the alley-way to the north of the building, in accordance with the CFC, Section 503.3 and Cal ifornia Vehicle Code Section 22500.1.

5.16 Fire access roads shall not be obstructed in any manner, includ ing the parking of vehicles. Traffic calming devices shall be prohibited unless a pproved by the Fire Code Official.

5.17 An operational permit is required to conduct an operation utili zing flammable or combustible liquids or the application of combustible powders.

5.18 All drapes, hangings, curtains and other decorative material, i ncluding Christmas trees that would tend to increase the fire and panic hazard sha ll be made from a nonflammable material or shall be treated and maintained in a f lame retardant condition with a flame-retardant solution approved by the State Fire Marshal.

5.19 Prior to final inspection, an illuminated address with twelve- inch (12”) in height and a minimum of one and one-half ( 1 ½”) stroke numbers on a contrasting background and illuminated (backlit or surface) shall be provid ed on all existing buildings in accordance with the CFC, Section 505.

5.20 Install Knox key boxes and/or Knox locks for Fire Department ac cess in accordance with CFC Section 506.

SECTION 6 BUILDING DEPARTMENT

6.01 Project shall comply with the adopted California Building Stand ards Code (Title 24, California Code of Regulations) and other City Ordinances w hich include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code

3.A.a
Packet Pg. 46
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

4.A.a
Packet Pg. 50
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 362
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

e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security

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

6.03 The requirements of the Department of Environmental Health Serv ices and the Air Quality Management District shall be satisfied prior to iss uance of any permit if hazardous materials are stored and/or used.

6.04 The applicant shall indicate on plans the path of travel for th e disabled from the building to the public bus stop. The disabled parking stalls wi ll be located on the shortest route to the building entrance.

6.05 If hazardous substances are used and/or stored, a technical opi nion and report identifying and developing methods of protection from the hazar ds presented by the hazardous materials may be required. This report shall be p repared by a qualified person, firm, or corporation and submitted to the Bui lding and Safety Department. This report shall a lso explain the proposed facility’s i ntended methods of operation and list all of the proposed materials, th eir quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

6.06 All signs shall be Underwriters Laboratories approved or the equivalent.

6.07 Permits are required prior to the removal and/or demolition of structures.

6.08 Construction plans shall be required to be prepared by a Califo rnia registered architect per the California Business & Professional Code.

Approved for Planning Entitlements by the Cathedral City Planni ng Commission on August 4, 2021.

A t t e s t :

________________________ _____________________
B r e n d a R a m i r e z A p p l i c a n t
Associate Planner

3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

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

6.B.a
Packet Pg. 363
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

PROPOSED SITE PLAN
25 VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.Contractor's State License Board No. 505442

3.A.b
Packet Pg. 48
Attachment: Attachment 2 - Site Plan (2785 : CUP 19-019)

4.A.a
Packet Pg. 52
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 364
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) 3 2
1 4 A.19
A.22
2 PROPOSED FLOOR PLAN

STAGING AREA

ASSEMBLY AREA
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.c
Packet Pg. 49
Attachment: Attachment 3 - Floor Plan (2785 : CUP 19-019)

4.A.a
Packet Pg. 53
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 365
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

PROPOSED ROOF PLAN
A

MISTER ROOF PLAN
3/8" = 1'-0"

ROOF FRAMING PLAN
3/8" = 1'-0"

SECTION A-A
3/8" = 1'-0"
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.Contractor's State License Board No. 505442

3.A.d
Packet Pg. 50
Attachment: Attachment 4 - Roof Plan (2785 : CUP 19-019)

4.A.a
Packet Pg. 54
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 366
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

PROPOSED WEST ELEVATION

EXISTING WEST ELEVATION
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.e
Packet Pg. 51
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)

4.A.a
Packet Pg. 55
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 367
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

EXISTING EAST ELEVATION

PROPOSED EAST ELEVATION
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.e
Packet Pg. 52
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)

4.A.a
Packet Pg. 56
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 368
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

EXISTING NORTH ELEVATION

PROPOSED NORTH ELEVATION
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.e
Packet Pg. 53
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)

4.A.a
Packet Pg. 57
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 369
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

EXISTING SOUTH ELEVATION

PROPOSED SOUTH ELEVATION
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.e
Packet Pg. 54
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)

4.A.a
Packet Pg. 58
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 370
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.Contractor's State License Board No. 505442

3.A.e
Packet Pg. 55
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)

4.A.a
Packet Pg. 59
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
Packet Pg. 371
Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)

PROPOSED LANDSCAPE PLAN
VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.

Contractor's State License Board No. 505442

3.A.f
Packet Pg. 56
Attachment: Attachment 6 - Landscape Plan (2785 : CUP 19-019)

4.A.a
Packet Pg. 60
Attachment: August 4, 2021 Planning Commission Staff Report (2838 : CUP 19-019)

6.B.a
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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
Public Hearing Notice
Notice of Availability for Public Review
and Environmental Determination
Notice is hereby given that the Cathedral City
Planning Commission will hold a Public
Hearing on the following:

CASE(S)
Conditional Use Permit No. 19-019

APPLICANT/REPRESENTATIVE
Cathedral City Event Center
David Herman

PROPOSAL
Request 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.

LOCATION
35900 Date Palm Drive (APN: 673-250-026, -027, -
028 and -029)

ENVIRONMENTAL DETERMINATION
The Project is exempt from the California Environmental Quality Act (CEQA) per Section No. 15303, Class 3
(New Construction or Conversion of Small Structures).

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, 10:00 AM - 3:00 PM).

DATE AND TIME OF HEARING
May 19, 2021 at 6:00 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 persons to observe
and be heard consistent with Governor Newsom’s
Executive Orders N-29-20 and N-63-20, or any other
Executive Orders that 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 May 19, 2021 Planning Commission 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 Planning Commission, at the public hearing or
during deliberations, may approve, deny, or propose
changes to the project or the environmental
determination.

If you challenge any of these 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.

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 make
reasonable accommodations to ensure accessibility to
this meeting. {28 CFR 35.104 ADA TITLE II}

3.A.g
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Attachment: Attachment 7 - Public Hearing Notice (2785 : CUP 19-019)

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

6.B.a
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Attachment: Attachment 1 - Staff Report Packet from 8-18-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) July 28, 2021

Cathedral City Planning Commission
68700 Avenida Lao Guerreo
Cathedral City, California 92234

Dear Commissioners:

This matter last came before you on July 7, 2019 and previously on May 19, 2019. Eighteen months of review by the Cathedral City Planning Department preceded the May 19, 2019 Cathedral City Planning Commission meeting.

Between November 26, 2019, when the application for the event center at 35900 Date Palm Drive was submitted to the Cathedral City Planning Department and the issuance of the first staff report on May 13, 2021, we exercised numerous attempts to move the process forward and/or generate some response from the Cathedral City Planning Department. These efforts included numerous written and verbal communications and most poignantly a meeting in the spring of 2020 attended by Councilmember Mark Carnavale, City Manager Charlie McClendon and and Economic Development Director Stone James. At that time Stone James was assigned the “responsibility” of interfacing with the applicant and the Cathedral City Departments.

Suffice it to say this application did not move forward for at least ten months. The applicant had numerous and regular communications with Stone James and ostensibly Stone James was communicating the applicant’s communications to the Cathedral City Planning Department. In March 2020 Stone James was removed from the assignment by the Finance Director. Council Member Carnavale encouraged the City Manager to activate the planning department. Council member Carnavale’s efforts eventually resulted in encouraging the planning department to issue a staff report less than a week before the May 19 Planning Commission hearing, eighteen months after application was submitted.

This applicant began communicating with the Cathedral City Planning Staff about permissible uses at this site in early 2018, and began the land use process shortly after April 1, 2018 when the applicant acquired the site. Many meetings and communications were communicated with city staff and the applicant, and multiple submissions were transmitted by the applicant to staff during this period. No staff report or land use applicability referral was made to the Planning Commission for a land use determination for the requested use happened for the eighteen months the applicant pursued the auto depository application. Because the requested and use occupancy of the auto depository was not one of the land uses described as an allowed or permitted use or a conditional use, the applicant came understood that the city’s inaction on this application for the auto depository use as determined by staff to be an inappropriate use at the subjectd site as it was analogous to a warehouse type use and that such would not be referred to the Planning Commission for consideration at any time. For context, the Amazon hub/distribution warehouse on the applicant’s northern border on a site featuring the same PCC zoning as the subject site, was applied for in January 2020 and approved in January 2021.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

Because of apparent planning staff reluctance to process the applicant’s auto depository application, in late 2019 into early 2020 the applicant elected to withdraw its auto depository application and apply for the event center use that is in front of you.

There are three issues involved in the application and reviews: the requested use of the site as an event center, the facelift we would like to put on the building, and the improvement of the now vacant Parcel 4 fronting Gerald Ford Drive.

When the Planning Commission addressed this application on May 19, 2021, the staff report before the Planning Commission represented a recommendation of approval for a development substantially different from what the applicant applied for. Most particularly as applied to Parcel 1, Section 4 of the staff report requires uncompensated dedications of Date Palm Drive frontage, the construction of a bus turn-out, installation and maintenance of streetlights on the public right-of-way, fronting the site and in front of US Bank and the Casa Blanca, and a range of discretionary demands that convert the project to something that is well beyond the city’s power and authority under the Cathedral City Municipal Code, California state law, and the jurisprudence interpreting the 5th and 14th Amendments of the US Constitution. What is reasonable and permissible under the city’s legal authority are the staff report Section 4 conditions relating to the Parcel 4 improvement and select conditions relating to the change of use on Parcel 1.

In case the idea is lost in the narrative, all of the objectionable and extra-legal conditions in the May 13, 2021 staff report came as a complete surprise to the applicant. Following the Planning Commission’s decision on May 19, 2021, out of recognition of the history of this land use action and the complicated legal issues involved, the applicant believed that the best procedure was to appeal to the Cathedral City Counsel for a determination on the whole matter, including the interrelationship between the general plan goals, land use policy and procedure in Cathedral City, and the constitutional law implications of uncompensated takings and off-site exactions.

Suffice it to say, there is enough here to keep a law school constitutional scholar busy for some time, but it has been deemed that your body must address these issues. The Planning Director rejected the first appeal and the city attorney rejected the second appeal, apparently both under the reasoning that the Planning Commission’s decision to table action on the application was not a decision pursuant to the California Government Code. Although applicant finds abundant authority for the position that the May 19, 2021 action by the Planning Commission was a decision, the Planning Director and City Attorney are taking the position that all the complicated legal and factual issues involved in this case must be parsed and decided upon by the Planning Commission. Please understand that if the task before you appears particularly dauting we recognized this challenge early and attempted to put this matter before the elected officials who to a greater extent have the policy making and legislative authority to decide the numerous issues involved.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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) Applicant and city staff have met on Zoom and in person five times by our count in June and July 2021, discussed particular conditions, suggested amendments to conditions, and have constructively reached agreement on all but two of the conditions designated “Planning Conditions”. Applicant and staff do not agree on the designation of 35900 Date Palm Drive as its own Improvement District and we are prepared to discuss the legal reasons for the applicant’s objection to this condition. Applicant has agreed with the legally permissible “Engineering Conditions” but rejected the extra-legal exactions and conditions that are violative of an applicable legal standard.

During Applicant’s discussion with staff on July 27, 2021, we were able to reach agreement on a procedure where the applicant’s agreed conditions were to be presented for your consideration as an alternative to the staff report for the application. The applicant has annotated every objectionable condition with the authority supporting the objection and we believe that this document is a useful resource for the Planning Commission to understand the issues involved herein. While the collection of documents accompanying this letter are detailed and voluminous, they present an accurate and the best record of the procedural and legal issues involved in this matter.

Thank you for your time and consideration.

Very best regards,

David Herman
Mark Durkton
35900 Date Palm, LLC
207 Crystal Bay Court
Rancho Mirage, California 92270

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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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
Prepared by: 35900 Date Palm, LLC

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 Condi tions 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. 15303, Class No. 3 (New Construction or Conversation of Small Structures) 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: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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uses permitted per the City of Cathedral City Zoning Ordinance, Chapters 9.30 and

9.72;
x Arguably the proposed use of the site as an event center or community gathering center is similar in activity, and off-site impacts/benefits as the “Community Center use” listed in the Cathedral City Muni cipal Code (CCMC) 9.30.020 as a permitted use;
x 9.30.020 Permitted uses.

Any permitted use listed in the PLC district;
Such other similar uses as are approved by the planning commission.

x 9.28.020 Permitted uses.

The following uses shall be permitted in the PLC district:

C. Services: Community Center;

x The proposed event center is similar to permitted use (not c onditional use) per

9.30.020 Permitted uses and permitted use for PLC per 9.28.020 Permitted uses.

x We are unable to find a definition for “co mmunity center” in the CCMC; however, Cathedral City, when describing their Community Amphitheater:

. . . to create a new and interactive outdoor amphitheater spac e for cultural, entertainment and recreation events and activities. (Cathedral City Community Amphitheater)
https://www.cathedralcity.gov/residents/community-projects/cathedral- city-heritage-commons-amphitheater

x Definition of community center according to U.S. Code Title 42 CHAPTER 105 
ࣟ :

The term “community center” means facilities operated by nonpro fit community-based organizations for the provision of recreational , social, or educational services to the general public. (42 U.S. Code § 9877)

If the functional difference between an “e vent center” and a “community center” is the proprietor (nonprofit community-based organizations vs. private organizations) and not the purpose and impact of the facility, then from the process standpoint, when the Cathedral City legislative body cons idering the applicability and appropriateness of the uses permitted outright in the subject zone, the relevant impacts, and appropriateness considered and determined to be a permitted use.

When the applicant advanced this re asoning before submitting its land-use application in November 2019, Cathedral City Planning Director rejected it outright; however, the plain text of the Cathedral City Municipal Code does not support the Planning Directors' position on this point. A fair interpretation of the applicable Cathedral City Municipal Code sections directs that the Planning Commission should determine similar uses under 9.30.020 an d specifically whether an event center/community gathering center is substantially identical to a community center in purpose, form, and function. There are countless examples where public entities in

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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California and elsewhere operate “community centers” that are made available to the public at a fee for a wide variety of events. This body needs to look no further than what is within Cathedral City for an illustrative example. In the Cathedral City Amphitheater case, when the city rents for a fee the amphitheater for private functions, the city allows a city property to be used for an event, not otherwise for a public purpose. Thus, in essence, a community functions as an event center. We are not suggesting that the analogy is concrete and not subject to reasonable debate. We have attempted to secure a copy of the relevant ordinance creating the community center designation and have thus far been unsucce ssful. Regardless, the intent of the city council in adopting the ordinance that is reflected in the CCMC setting forth a community center as a permitted use and the substantially similar procedure with the relevant section entitled the applicant to a determination by the Planning Commission:

x 9.06.040 Planning commission review.

If the applicant so desires a staff determination may be appeal ed to the planning commission subject to payment of the established city fee as a non-public hearing item for their consideration. The planning commission shall base their decision on the criteria in Section 9.06.030.

The determination of the planning commission shall be effective t e n calendar days after the date of decision unless appealed to the c i t y council, by written appeal filed with the city clerk, whose dec ision shall be final.

The planning department has denied the applicant this right for eighteen months.

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 generated by the facility;

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

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Commercial) Zoning District. Event centers are not specifically listed as a use in the PCC Zoning District. However,. the proposed use of the site as an “event center” or “community gathering center” is similar in activity and off-sit e impacts/benefits as the "Community Center use" listed in the Cathedral City Municipal C ode (CCMC) 9.30.020 Therefore, staff has determined the use to be similar to those uses permitted in the PCC Zoning District and proceeded with the review of the applicatio n 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 (Casa 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.

On November 26, 2019, 35900 Date Palm, LLC submitted the application at issue - Conditional Use Permit No. 19-019. This specific matter has been under review by staff for over 18 months with numerous comments relating to the character of the operation, functional elements, parking lot lights, etc. (all of which have been addressed and answered by the applicant: 31 comments on 02. 04.20, answered 05.05. 20, answered by applicant again on 11.02.20, and answered by applicant again on 12.15.20; 41 comments/corrections from planning staff on 02.04.21 answered by the applicant on

02.22.21; an additional 28+ engineer red-line (actual pencil drawings and challenging to interpret writing) on applicant’s site plan transmitted to the applicant on 04.05.21 and answered by the applicant on 04.29.21.

Although the interval between the submittal date of application and the Staff report on May 13, 2021, primarily spanned the COVID-19 pandemic and response measures, please take note that the Staff completed and effectively approved the entire redevelopment/conversion of the former Sam’s Club site immediately north of the subject site from big box retail to a distribution hub center (arguably a prohibited land use in the Cathedral City PCC/PLC zone) in a rather complicated land use action in substantially less time that the subject application has been subjected to review and entirely during the COVID-19 pandemic.

Although relevant in some respects, the very same applicant concerning the same site formerly applied to the Cathedral City Planning Department for a conditional use permit to operate an automobile depository in October 2018. After an extensive and rigorous planning and development “process” including but not limited to several meetings and the applicant addressing multiple rounds of “correction letters” issued by the staff and numerous conferences, the Planning Director refused to advance the application for

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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hearing by the Architectural Review and Planning Commission bodies. The Planning Director’s position was that application would not be advanced unless and until all aspects met the Planning Director’s subjective requirements. Requirements not limited or defined by provisions of the Cathedral City Municipal Code or California statute, including the applicable building and fire code provisions. This matter was never scheduled for a hearing. After fourteen months of “process,” the applicant abandoned the pursuit of the auto depository land-use approval and shortly after that submitted the subject application.

On May 13, 2021, less than one week before the Cathedral City P lanning Commission hearing addressing the subject application scheduled for May 19 , 2021, the applicant was presented with Staff Report Cathedral City Planning Commiss ion Meeting May 19, 2021, containing some 298 conditions for approval. The majority of the 298 conditions were given to the applicant for the first time. Please note that over the 78 weeks that the Staff has been reviewing the subject application, over the cou rse of four exchanges where the applicant responded to four rounds of Staff issuance of comments/corrections, and the approval of the Architectural Review Committee, none of the conditions relating to off-site improvements, including but not limited to right-of-way dedications and improvements on the frontage of U.S. Bank and t he former Casa Blanca Restaurant site – both properties not owned or controlle d by applicant, including but not limited to right-of-way dedications, installation and c ontinuation of maintenance of public right-of-way street lighting, installation of a publi c transit bus turnout along U.S.

Bank’s and applicant’s frontage, relocation of the existing und erground Coachella Water District utility easements, removal and replacement of sidewalk s and parking strips, installation of an active transportation lane, and including va rious on-site improvements including but not limited to, requiring a 2” asphalt cap on 167 ,0 00 SF o f th e P ar c el 1 parking lot (please refer to response for condition 4.19.i.a) were raised by the Staff.

The applicant has not and is not requesting to expand the footp rint of the existing building initially permitted in 1980 and 2007, is not asking to divide or demise the space within the building, is not requesting to demolish or reconstru ct any structural part (other than access to the proposed garden/patio area on Parcel 4) of t he existing building, is not requesting any changes in the HVAC, fire sprinkler system, or plumbing (other than landscape irrigation changes necessitated by installing approxi mately 7,860 square foot patio/garden on Parcel 4 and associated parking and recreation area). Title 24 electrical changes (lighting) to the existing building and electrical upgr ades required if the requested land-use is approved for the lighting requirements fo r installing the garden/patio and associated lighting on Parcel 4.The surroundin g uses include 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

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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City Council.

Operations

Applicant’s Request for Approval:

The subject application proposes the following physical changes to the subject site:

1. Parcel 1:

A. Change the current occupancy status from Retail Store to Ass embly (A3).

B. Remove and replace non-structural architectural details (rem ove foam and wire “coins,” “cornices,” and relief that is covered with stucco, reconfigure windows above the storefront) for a more appropriate and current architectural presence.

C. The two existing sign monuments, one each on Gerald Ford Dri ve and Date Palm Drive, are proposed to receive updates of their non-structural architectural details and install a modern display sign within the existing structures.

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 of the existing building;
B. On the remaining portion of Parcel 4 not improved with the g arden/patio, install a dual-purpose basketball court/parking area;
C. Add fencing.

D. Add landscaping.

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 Social/life–cycle events. Events like a birthday party, hen/st ag party, graduation day, bachelor’s party, engagement, wedding, anniversary, retirement day, funeral, religious ceremonies ( Bar Mitzvah, Bat Mitzvah, Confirmation), Reunions, Galas, Festivals, etc.

x Education and career events. Events like education fair, job f air, workshop,

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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seminar, debate, contest, competition, etc.

x Entertainment events. Events like music concerts, fairs, festi vals, fashion shows, award functions, celebrity nights, beauty pageants, jewelry shows, stage shows, sports, etc.

x Political events. Events like a political procession, politica l rally, governmental functions, etc.

x Athletic and participant activit ies. Events and activities like boxing matches, athletic training, roller skating, rollerblading, skateboarding, video gaming, drone racing, etc.

x Corporate events. Events like MICE (meetings, incentives, conferences, exhibitions), product launches, roadshows, buyer-seller meet, trade shows, company parties, corporate off-sites & executive meetings, seminars, workshops, VIP events, Job Fairs / Recruiting Events, Field Marketing / Activations, Team building, etc.

x Religious events. Events like r eligious festivals/fairs, etc.

x Fundraising/ cause-related events. Any event can be turned int o a fundraising or cause-related Event, e.g., auctions, Society balls.

x Community Center. Members of the community may gather for grou p activities, social support, public information, and other purposes. It may be available for the whole community or a specialized group within the greater community.

x Swamp Meet/ Flea Market. A gathering at which enthusiasts or c ollectors trade or exchange common interest items or vendors can sell previously-owned merchandise.

x Temporary Cannabis events. Cannabis sales or consumption, or b oth following the rules and regulations set forth by the BCC (Bureau of Cannabis Control).

The facility will not offer full kitchen services, only permitting licensed catering services during events. Only pre-cooked food preparation, salad, and dessert preparation is allowed within the building. Should any cooking on site be necessary, it shall be done by a licensed caterer outside the building. Alcohol: Should any alcohol be served, it shall be provided by a caterer with the appropriate license. 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 ensure adequate access is maintained during events.

The applicant will have a member of its staff present at all events for the duration of each event to supervise and maintain code adherence.

ANALYSIS:

Zoning Consistency

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Within the Zoning Ordinance, each Zoning District lists specifi c uses that are permitted or conditionally permitted within the District. However, not ev ery 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, community centers, game arcades, fast-food restaurants, grocery stores, b ig box retail stores and private clubs and lodges, which share operational character istics with the proposed use. As such, staff took into consideration the proposed and su rrounding uses, the characteristics of the site, and the location of the project si te, and determined that the event center is similar to those uses permitted in the PCC Zoni ng 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 existing 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 ( Parcel 4). The proposed patio/garden area will be enclosed with an eight-foot (8) high split face block wall and have direct access from the existing building, as well as, two pedestrian exits to the parking areas. Each exit will hav e doors so that the area can b e secured when not in use for events.

Other onsite improvements include the addition of 48 parking sp aces including ADA standards and electrical charging stations, 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 and fencing to regulate both pedestrian and vehicular traffic. x The applicant incorporated basketball courts into the otherwise sole use parking improvement in recognition of the Cathedral City Parks and Recreation Master Plan:

In conjunction with these new indoor sites [community centers], additional outside uses could include tennis courts, in-line sk ating, skateboarding, and
outdoor basketball. (p. 70)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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When we last researched the issue, it appeared that Cathedral City has 2.5 public basketball courts in the City. The applicant is not proposing to create a public amenity out of the basketball courts but to access them for public benefit organizations and potential event center attendees.

The project site will have a total of 405 parking spaces throug hout the site and maintain the depressed loading dock located along the eastern side of th e existing building for loading and unloading. The applicant is requesting to fence por tions 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 b rought 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 that are currently alo ng the north and west 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 th e building. The two existing sign monuments will also be updated to the modern theme in style and color.

The site’s desertscape theme will be extended to the new plante rs and the applicant will refresh the existing landscaping where needed. Staff verified the parking area meets the 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 downwar d facing and shielded to avoid spillover to the adjacent properties.

ENVIRONMENTAL REVIEW:

Staff has determined that the project meets all of the conditio ns for a Categorical Exemption under Section No. 15303 (Class No. 3, New Constructio n or Conversion of Small Structures) of the State CEQA Guidelines.

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

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Attachment 4 - Roof Plan
Attachment 5 - Elevations
Attachment 6 - Landscape Plan
Attachment 7 - Public Hearing Notice

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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SECTION 1 ADMINISTRATIVE CONDITIONS

1.01 Prior to issuance of a building permit the Applicant shall sign the approved 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 pursuant 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 pursuant to the CCMC and Building Code.

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

x The following CCMC terminology and their application to the subject land-use case, particularly the condition that the applicant must dedicate to Cathedral City frontage on Date Palm Drive and construct a public bus turnout, are DATE APPROVED: MAY 19, 2021

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

CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 19-019

CITY OF CATHEDRAL CITY

PLANNING COMMISSION
Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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discussed hereinbelow:

13.20.010 General definitions.
“Building permit” means the permit granted by a ministerial pro cess which permits the construction or modification of a building or struc ture in accordance with the municipal code and applicable statutes, cod es, rules and regulations.

“Conditional use permit” means the permit granted by a minister ial process wherein a specific use is approved subject to specific conditions in accordance with the municipal code and applicable statutes, codes, rules and regulations.

9.102.020 Definitions.

L. “New development project” means any nonresidential project b eing processed where some level of discretionary action by a decisio n-making body is required.

Q. “Site development plan/permit” means a plan of development s ubject to hearing before the planning commission, such as design revie w, conditional use permit, planned use development, and specific plan.

3.40.020 Definitions.
“Development” means any activity which requires discretionary o r ministerial a c t i o n b y t h e C i t y r e s u l t i n g i n t h e i s s u a n c e o f g r a d i n g , b u i l d ing, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property.

14.10.010 Declaration of cause.

The city council finds that the preservation and protection of the health, safety and general welfare of the residents of this city, and t he public at large, require that bus turnouts be constructed in conjunction with all new development on arterial and major highways in order to implemen t the goals and objectives of the circulation element of the city of Cathedral City’s general plan.

While chapter 3.40.020 does not directly affect this appr oval process, it is included here by way of reference to demonstrate that the CCMC recognizes that each process (discretionary or ministerial) is different and not interchangeable. Since this approval is regulated by a ministerial proce ss and not a discretionary one (13.20.010), it does not meet the definition of a “new developm ent.” It must therefore be a “site development” as defined by the CCMC. Consequently, imposing the General Plan goals as conditions of approval is an inappr opriate exercise of government power in this case because this project’s scope does not constitute a “new development.”

Please observe that as with many if not most of the staff report conditions either touching on or exceeding staff’s legal authority, no particularized findings are attached to justify the conditions implicating the inverse condemnation and takings issues.

Without a legally cognizable predicate, w hat requires the applicant to demolish and

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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reconstruct a perfectly func tional parking lot and drive isles? The applicant’s position that no changes to the existing drives, pavi ng and parking lot are justified based on a discretionary decision imposed by the Director of Planning/ Building and/or the City Engineer. During the Planning Commission he aring, one of the commissioners asked the City Engineer about relocating the public utility easement condition at issue after the applicant raised the same in their pres entation. The City Engineer deflected the question when allowed to explain the city’s justification for the uncompensated taking.

The applicant proposes that there is not cognizable justification, and without the specific findings and impact analys is required in such cases, the conditions requiring the applicant to dedicate Date Palm frontage to the city, construct a new bus turnout, construct new public travel paths without compensation, and overlay the current parking lot. The overlay method that the Di rector of Engineering explained in the Planning Commission hearing was misleading in that it would also require replacing all curbs. Consequently, replacing plant er bed curbs and pavers is unjustifiable under any rational analysis (see the response to condition 4.19.i.a below).

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) in effect at the time of this approval process.

1.08 .All improvements approved for construction are required to be maintained as to comply substantially with the plans approved for construction, unless modifications are approved by the Director of Planning/Building and City 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 ( Si te Pl a n) .

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, dedication, 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.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project. 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 the Statute of Limitations has previously expired.

SECTION 3 PLANNING

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 Deleted

3.03 If during the course of grading or construction, artifacts or other cultur al 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 copie s 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 shall 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 landscape architect or a C-27 licensed landscape contractor subject to the CCMC and Building Code 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 landscaping will be used to screen mec hanical, 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.
f. Show all location of mechanical, electrical, and irrigation equipment and landscaping that will screen from public view.

Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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g. A detail showing planter design adjacent to walkways and dri veways that is designed to prevent soil and/or decomposed granite from flowing onto 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 with 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 installed around trees in turf areas. 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.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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i. All ground-mounted equipment, such as mechanical, electrical , and irrigation equipment (backflow preventers), 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 g uard. 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 contractor 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 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.

3.08 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 i d c u r b i n g i s needed to retain water. Overflow devices which drain under side walks may be required to assure that water does not overflow planters. In no e v e n t s h a l l t h e finished grade of the irrigated planter be less than three inch es below a public sidewalk and/or curb.

3.09 The Applicant shall record a maintenance covenant over the property that guarantees the removal of weeds, dust, blow sand, and debris, and ensures that the property is maintained in a weed, dust, blow sand, and debris-free condition per the approved plans and conditions of approval.

3.10 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.

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

3.12 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 sc reened by the roof structure, a parapet wall, appropriate ground mounted walls, be rming, or landscaping. All walls shall architecturally match the building . If, after construction, but prior to the approval of a final inspection, it is determined by the Director of Planning/Building that newly installed equipment ca n be viewed from the public street, a plan for screening the equipment shall be submitted to the Planning Department for approval. Once approved, said screening shall be constructed prior to issuance of a Certificate of Occupancy.

3.13 All electrical equipment including cabinets and conduits shall be interior to the

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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building.

3.14 All breaker boxes, fire sprinkl er risers, and utility conduits shall be interior to the building.

3.15 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.

3.16 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.

3.17 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.

As submitted on the Staff report:

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

The following is an analysis of the Cathedral C ity Municipal Code treatment of variances and conditional uses and the relationship between the two:

9.72.010 Purpose.

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 permi tted future uses on land in the neighborhood.

9.72.040 Planning commission and/or city council granting—Criteria.

E. All conditional use permits approved by the city council or p l a n n i n g commission are subject to all aspects of the design review proc ess, including, but not limited to, review of architecture, building color, signage, landscaping, fencing, and parking.

Fencing on a project is one of the aspects of desi gn considered in the approval/denial process of a CUP. Where does the Staff find support for the proposition that a separate variance application for a project design aspect which is already part of the conditional use consideration required?

The applicant justifies CCMC Chapter 9.76 Variances as follows:

9.76.030 Findings.

The granting of variances from any property development standa rd of this title may be authorized by the planning commission when the fol lowing conditions exist in reference to the property being considered:

A. That the granting of such variance will not be materially detrimental to other properties in the area or the permitted use thereof;

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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B. That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not a pply to other properties in the same zone or vicinity;
C. That the strict application of this title deprives such pr operty of privileges enjoyed by other properties in the vicinity or in the same zone; D. That the granting of the variance does not constitute a sp ecial privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located; and

Item A. An increase of two (2) feet in fence height will not affect the surrounding areas.

Item B. The ability to breach an eight (8) foot fence is significantly increased to a six (6) foot fence. An effective barrier is necessary for the safety of both the public and event participants.

In any event, the variance by definition and terms is a process to address “… exceptional or extraordinary circumstances or conditions applicable to the property…”. There are no exceptional or extraordinary ci rcumstances present at the site. The simple non-variance question is whether the Staff will recognize t hat there are multiple other locations in the immediate vicinity (some in a PCC zone) of the subject site where 8’ fences have been approved and are currently in place. Why is the subject site not eligible for the same consideration?

Item C. The Post Office located on Date Palm Drive and in the same PCC zone currently has an eight (8) foot fence installed.

Item D. Same response as Item C.

When considering a project through the conditional use process, the practice of the Planning Commission is for review of all the design elemen ts as they apply to the base zone and is already considering these issues. For purposes of the planning commission, the variance process is used when only one architectural or design feature will not m eet the zone requirements. The conditional use process is used to evaluate the entire development and occupation. Inherent therein is the consideration of architectural or design features , so imposing a variance process in addition to a conditional use process is not required by the code and certainly duplicative.

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

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

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

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

3.22 Deleted

3.23 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.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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3.24 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.

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

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

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

3.28 The applicant shall construct a trash enclosure pursuant to the City standard or as modified pursuant to the CCMC and Building Code and Burrtec Standards as submitted on construction plans.

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

3.30 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.

3.31 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.

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

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

3.34 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.

3.35 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

3.36 Any event that uses the outdoor patio enclosure shall comply wi th the CCMC, including regulations found in Chapter 11.96 (Noise Control) and shall not exceed the maximum building occupancy designated by the Building Code.

3.37 Any outdoor event or activity or an event or activity with an o utdoor amenity or component except as stated in 3.37 above shall require the appr oval of a Special Use Permit in accordance with the procedures established in Cha pter 9.68 of the CCMC.

3.38 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.

3.39 Any event or activity that involves cannabis, or a temporary ca nnabis event, shall comply with Chapters 5.88 and 9.108 of the CCMC.

3.40 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.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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3.41 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). T he City shall have sole discretion in selecting its defense counsel. The City 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).

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 CCMC 9.04.030 . 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)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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L. State Water Resources Control Board
M. Sunline Transit Agency (Sunline)
N. South Coast Air Quality Management District – Coachella Vall ey (SCAQMD).

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

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 . P r o o f o f 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 provision s 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 Order No. 2009-009-DWQ, Order No. 2010-0014-DWQ and Ord er No. 2012-0006-DWQ.

A. For construction activities including clearing, grading or exca vation 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 Applicant (“Permitee”) shal l 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.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
May 19, 2021

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

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 according to the CASQA Construction BMP Online Handbook (Decemb er 2019).

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 a ccepted by the City.

4.11 The Applicant shall be responsible for hardscape and landscape maintenance and blow sand, debris, trash, rubbish and deleterio us material removal in all areas of the CUP’s interior spaces and street fr ontages, including gutter pans, sidewalks, parkways, right-of-way; and i nterior parking lots, drive aisles, landscaped areas and all other inte rior areas. The Applicant shall include these responsibilities into the daily maintenance of the site for perpetuity and be included in a Maintenance Covenant r ecorded on all parcels within the CUP, pursuant to the CCMC 14.12

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

Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
May 19, 2021

4.12 Fees 2.01

4.13 Fees 2.01

PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS

4.14 Prior to issuance of any permit(s), the Applicant shall acquire or confer easements and other property rights necessary for the construct ion or proper functioning of the proposed CUP. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance.

4.15 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 functioni ng of the proposed CUP not limited to access rights over proposed and/or existing private streets that access public streets and open space/drain age 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 according to CCMC 14.12

ii. 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) su bject to the CCMC and the Building Code.

iii. The Applicant will record the Water Quality Management Pla n 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.

4.16 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, Municipal Code,. and the Building Code.

4.17 The Applicant shall design the onsite private parking lot and d rive aisles for Parcel 4 only pavement sections using Cal Trans’s design proced ure for 20- year life pavement, and the site-specific data for soils streng th and anticipated traffic loading (including construction traffic). M inimum structural sections, with asphalt placed in two lifts, shall be as follows:

Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
May 19, 2021

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

a. Applicant will complete parking lot paving by preparing and installing crack fill and slurry coat pursuant to California Department of Transportation Construction Manual July 2019 Chapter 4 Section 37.

b. Apply striping, legends and signage over the entire repaved reconditioned parking lot and drive aisles. Final striping, legend and signage layout shall be pursuant to the CCMC and the Building Code.

c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots” that 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 well s and/or retention basin(s) subject to the CCMC and the Building code.

i. One “low spot” specifically identified for correction is app roximately 30 feet east of the Date Palm Driveway entrance.

As Submitted in the Staff Report:

4.19 The Applicant shall design the on-site private parking lot and drive aisles pavement sections using Cal Trans’s design procedure for 20-yea r life pavement, and the site-specific data for soils strength and ant icipated traffic loading (including construction traffic). Minimum structural se ctions, with asphalt 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.
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:
iii. All Parking Lot and Drive Aisles abutting south of the CUP’s building frontage extending to the south and east property line:
iv. All parking lot lighting and required conversions to LED shall comply with the lighting, photometric, Building Plans and Engineering Site Plans to the satisfaction of the Director of Planning/Building and Director of Engineering/Public Works.

Specifically, 4.19 i. a . calls for new a 2” cap of the parking lot surface. Still, effectively it causes the removal and reconstruction of the existing parking lot (approximately 167,000 SF) between the existing 80,000 square foot building and Date Palm Drive and Gerald Ford Drive to the North property line.

This method is unachievable for the following reasons:

Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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1) The current building pad elevation is fixed and unchanged. The application of a 2” overlay would reduce the 6” curb height to 4”. The CBC 12.04.040 Curb and gutter dimensions require a 6” minimum curb height. In addition, all pl anter and border curbs would then have to be removed and repoured to 6”;

2) The existing parking lot has areas of pavers with in the asphalt. This “cap” would require the removal and replacement of the pavers to the new elevation; 3) Both U.S. Bank and Casa Blanca parking lots are adjacent to and connected with the subject parking lot, and restricted by the current parki ng lot layout, a transition between the properties would be unmanageable, resulting in the necessity of the “cap” being con tinued to properties not owned nor controlled by the applicant.

Under what specific authority c an the city compel the applicant to remove and replace a fully functional and maintained existing private parki ng lot other than for health and safety? This discretionary condition (13.20.010) does not apply to this approval process;

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 apply crack fill and slurry coat pursuant to California Department of Transportation Construction Manual July 2019 Cha pter 4 Section 37

b. Apply striping, legends and signage over the entire parking lot and drive aisles. Final striping, legend and signage layout shall be purs uant to the CCMC and the Building Code.
c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots” that 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 well s and/or retention basin(s) pursuant to the CCMC and the Building Code.

iii. All Parking Lot and Drive Aisles abutting south of the CUP ’s building frontage extending to the south and east property line:

a. Applicant will install new asphalt with 3.0-inches/4.5-inche s class II base subject to material and workmanship pursuant to the CCMC and the Building Code
b. Apply striping, legends and signage over the entire parking l ot and drive aisles. Final striping, legend and signage layout shall be pursuant to the CCMC and the Building Code.

Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
May 19, 2021

Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 1 9-019)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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c. Applicant shall correct existing parking lot and drive aisle stormwater and nuisance water (drainage) “low spots” that do not have positive drainage. Drainage shall be disposed of via on-site storm dra ins, new and existing catch basins, underground percolation piping chamb ers, dry wells and/or retention basin(s) pursuant to the CCMC and the B uilding Code.

iv. All parking lot lighting and required conversions to LED sh all comply with the lighting, photometric, Building Plans and Engineering Site Plan s. pursuant to the CCMC and the Building Code

As submitted on Staff Report: 4.20 thru 4.44, and 4.53 thru 4.5 8 (On-site and Off-site improvements).

The proposed construction changes to Parcel 1 for th e exterior are modifying th e architectural detail (stucco) and color (paint) of the west façade and the color (paint) of the remaining walls of the building.

For the interior, the lighting control (electrical) is updated to the current Title 24 requirements. The following is quoted from the 2010 ADA Standards for Accessible Design:

36.402 Alterations.
(b) Alteration. For the purposes of this part, an alteration is a c hange to a place of public accommodation or a commercial facility that affects o r could affect the usability of the building or facility or any part thereof. ( 1 ) A l t e r a t i o n s i n c l u d e , b u t a r e n o t l i m i t e d t o , r e m o d e l i n g , r enovation, rehabilitation, reconstruction, historic restoration, changes o r rearrangement in structural parts or elements, and changes or rearrangement i n the plan configuration of walls and full height partitions. Normal maint enance, reroofing, painting or wallpapering, asbestos removal, or chang es to mechanical and electrical systems are not alterations unless th ey affect the usability of the building or facility.

Because the architectural feature alterations do not affect the “usability” of the building, there is no trigger for ADA improvements. Therefore, according to the ADA Standards, all off-site paths of travel upgrades are not required within the scope of this approval for Parcel 1.

Parcel 4 proposed changes currently meet the AD A chapter criteria as designed for this approval process and were submitted on sheet A.4 of the construction drawings.

Also, according to the CBC Section 11B-202.4 Exception 8, a cap of 20% of the renovation cost or $161,000, max. is set aside for ADA improvements. Ther efore, the implementation of these conditions would far exceed this financial threshold.

Furthermore, we can find no regulation in the CCMC other than implementing the General Plan for altering an existing functional “Public Right of Way” (ROW). Therefore, for the implementation of the general plan, according to CCMC, the project would need to be considered a “New Development”:

14.10.010 Declaration of cause.

The city council finds that the preservation and protection of the health, safety

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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and general welfare of the residents of this City, and the publ ic at large, require that bus turnouts be constructed in conjunction with all new de velopment on arterial and major highways in order to implement the goals and objectives of the circulation element of the City of Cathedral City’s general plan. Steps must also be taken to mitigate the traffic impacts caused by new dev elopment and in order to provide mass transportation. Certain transit facilitie s must be acquired and/or constructed to assist in mass transportation, to wit: bu s turnouts. Further, the costs associated with bus turnouts should be shared by all new development along arterials and major highways.

This project is regulated by a ministerial process (13.20.010) and not a discretionary one, so it does not meet the definition of a “New Development.” It must therefore be a “Site development” as defined by the CCMC. Consequently, the application of the Ge neral Plan regulations does not apply to the scope of this project.

While the CCMC requires landowners to maintain the ROW, Chapter 14.12 Maintenance of Sidewalks and Parkways states:

14.12.010 Duty to maintain.

Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall maint ain the sidewalk, including any parkway area between the sidewalk and the street line.

The duty to maintain and maintenance are not the same as alterations according to the U.S.

Department of Transportation Federal Highway Administration:

An alteration is a change that affects or could affect the usab ility of all or part of a building or facility. Alterations of streets, roads, or highw ays include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect. Maintenance activities on streets, ro ads, or highways, such as filling potholes, are not alterations.
(https://www.fhwa.dot.gov/civilrights/programs/doj_fhwa_ta.cfm)

Therefore, the obligation to maintain does not include any obligation to alter the current ROW within this project’s scope.

The condition (demand) for street widening, revising the bus stop, installing streetlights, and regarding using the underground utility easement as a ROW (usable property being moved from its current location of 63’ from Date Palm Drive centerline) as part of the ROW violates the “Takings Clause” of the Fifth Amendment to the U.S. Constitution. To prevent governments from eluding the Takings Clause and from trying to accomplish indirectly what they cannot do directly, the Supreme Court applies the “Unconstitutional Conditions Doctrine.” Under this doctrine, “the government may not require a person to give up a constitutional right . . . in exchange for a discretionary benefit conferred by the government where the benefit sought has little or no relationship to the property.” The Takings Clause prohibits the government from taking one’s property without just compensation. These conditions demand that, as property owners, we surrender the property in exchange for city permits. Please refer to the following Supreme court cases:

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Dolan v. City of Tigard, 512 U.S. 374 (1994)
Primary Holding
A permit given to a property owner in exchange for conveying property to the local government must be roughly proportional in terms of benefits and burdens.

This
decision limited the power of governments to force property owners to make or contribute to improvements on public prope rty through zoning and land use regulations in situations when the improvement is unrelated to the owner’s property.

Nollan v. California Coastal Comm’n, 483 U.S. 825 (1987) Primary Holding
The conditioning of a building permit upon a grant of a public easement constituted a taking of private property and required the state to compensate the property owner. If government action resulted in permanent land occupation, it would effectively be a taking unless it substantially furthered legitimate state interests. The Court found that California required the use of eminent domain to obtain easements across private property, and the condition imposed was not a use of the eminent domain. The Court finally held that the condition was a taking and that if the state wanted an easement, it would have to compensate property owners.

Koontz v. St. Johns River Water Mgmt. Dist., 570 U.S. 595, 133 S. Ct. 2586 (2013) Primary Holding
The government’s demand for property from a land-use permit applicant must satisfy the Nollan /Dolan requirements even when it denies the permit.

UNDER THE FIFTH
AMENDMENT, the U.S. Supreme Court held that the District’s demand for property from the landowner had to satisfy the requirements of a nexus and rough proportionality to the development’s proposed impacts, even though the District denied the permit.

Whether the case’s posture presented some federal obstacle to adjudicating the landowner’s unconstitutional conditions claim was a matter for the state courts to consider on remand. The fact that monetary exactions were involved did not preclude the applicability of precedent under Nollan and Dolan because the demand for off-site mitigation was tied to a particular parcel of land. Thus, a per se Fifth Amendment takings approach was the proper mode of analysis.

These conditions would place an excessive financial bur den on the scope of this project. Moreover, the current parking lot would lose 22 parking spaces due to the reduced space created by these conditions to maintain a proper drive aisle width. Since the total occupancy requirement is based on the number of parking spaces (9.58.020 C. 1.), these conditions would burden the project’s intent.

Furthermore, the current Bus Stop location is half on U.S. Bank’s ROW and half on 35900’s ROW, which would cause controversy about the cost of its relocation. These conditions attempt to implement the Cathedral City Active Transportation Plan, Appendix F (2019) , which shows the Sunline 30 route continuing to be in service along Date Palm Drive. The occupancy status of an event center would be the same as that of a community center (which is an allowed use), so there would be no more significant impact due to approval for this CUP than has already been approved by the city.

Additionally, the Sunline schedule excl udes weekends, which is when most events typically take place.

Therefore, the specific need to “take the bus out of the street” for loading and unloading passengers is not applicable.

According to the Sunline Transit Agency Design Manual (Figure 5.25), a minimum length of 180’ and a

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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depth of 12’ in addition to a 6’ wi de sidewalk would require almost half of the property’s frontage on Date Palm Dr. (385’). (See Sheet A.0 attached). In addition, the turnout would infringe on the current property line an additional 22’from the property line to the east for half of its length, which would further the relocation of the existing underground utility trench easement the same distance to the east and necessitate the removal of the ten (10) 20’ plus high mature date palm trees and other mature trees currently in the parking strip.

For conditions 4.20 thru 4.44, and 4.53 thru 4.58 to assert their inclusion as a requirement of approval for the CUP is discretionary and constitutionally and lega lly questionable if not impermissible.

4.18 The Applicant shall construct new (Parcel 4 only), parking lots , drive aisles, curbs and gutters, sidewalks and driveways to uniformly connect to ex isting adjacent public and/or private improvements within and adjacent the CUP to be shown on the Plans pursuant to the CCMC and the Building Code.

4.19 The Applicant shall construct new (Parcel 4 only) appurtenant p rivate roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs, all to be sho wn on the Plans and subject to the CCMC and the building Code.

4.20 The Applicant will design and install on site stormwater draina ge facilities (Parcel 4 only):

i. Within the paved and landscaped areas of the CUP, the Applic ant will design facilities to capture all incrementally increased onsite nuisan ce and stormwater, with breakout facilit ies, per Cathedral City Munici pal Code and WQMP requirements and other conditions specified herein.

4.21 The Applicant shall cause no easement to be granted, or recorde d, over any portion of the subject property between the date of approval of the CUP and the date of issuance of the COO, unless such easement is approved pursuant to the CCMC and the Building Code.

PUBLIC IMPROVEMENTS

4.22 The Applicant has not completed a Traffic Study. Traffic Report has been completed for a prior use of the CUP’s APNs titled: “Traffic Re port – Case No.18.30 (CPS) PP# 4543” for “Proposed Commercial Development N/E Corner of 36th Avenue and Date Palm Drive, Cathedral City, California” dated June 4, 1979.

1) In conjunction with any Special Use Permit (SUP) event reque st for the CUP that acknowledges that the parking requirements will exceed the onsite parking capacity (currently 405 spaces if no on site parking sp aces are eliminated due to the SUP), an SUP event specific parking analy sis will need to be submitted to the Director of Engineering/Public Works for review prior to a recommendation for the issuance of the SUP. The parking analy sis will be complete with graphics and descriptions of onsite and offsite p arking, shuttle routes to and from the SUP event complete with times of departu res at each end.

A Traffic Study report was submitted and approved by the city in 2020 for the SUP for the

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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Hall of Flowers event and is applicable for this CUP. Additionally, if the event center is considered a permitted use, the city woul d have already considered and approved the traffic impact for that use. Therefore, a new traffic plan is not required.

4.23 The Applicant will cooperate with all adjacent developers and p roperty owners to assure that drainage, access and roadway designs are constructe d to assure that all adjacent public works infrastructure is constructed in a uniform manner .

4.24 Improvements shall be designed and constructed in accordance wi th City adopted standards, supplemental drawings and specifications, subject to the CCMC and the Building Codes.

4.25 All private improvements shall be subject to City requirements for inspection during construction.

IMPROVEMENT PLANS

As used throughout these Conditions of Approval, professional t itles such as “engineer,”’ “surveyor,” and “architect,” refer to persons curr ently certified or licensed to practice their respective professions in the State of California.

4.26 Improvement plans shall be prepared by or under the direct supe rvision of qualified engineers and/or architects, as appropriate, and shal l comply with all requirements of the City of Cathedral City.

4.27 The following improvement plans shall be prepared and submitted for review by the Engineering Department. A separate set of plans for each li ne item specified below, for each phase, shall be prepared. The plans shall utili ze the minimum scale specified, unless authorized by the Director of Engineeri ng/Public Works.

Plans may be prepared at larger scale if additional detail or plan clarity is desired.

NOTE: The Applicant may be required to prepare other improvemen t plans not listed here pursuant to improvements required by other agencies and utility purveyors.

NOTE: All Plans will be prepared by a Civil Engineer licensed t o practice their profession in the State of California.

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

NOTE: A through D to be submitted concurrently.

NOTE: Precise Grading Plan shall normally include perimeter wal l with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.

E. Not used
F. On Site Storm Drain Plan - if applicable1” = 40’ Horizontal G. Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertica l

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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H. Street Signing and 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: The street improvement plans shall show the sidewalk in t he combined parkway and landscape setback area.

NOTE: Separate Off-Site Storm Drain Plan if required by Direct or of Engineering/Public Works.

Other engineered improvement plans prepared for City approval t hat are not listed above shall be prepared in formats approved by the Director of Engineering/Public Works prior to commencing plan preparation.

All Plan and Profile Street Plans and Signing and Striping plan s shall show all existing improvements for a distance of at least 200-feet beyon d the project limits, or a distance sufficient to show any required design transitions.

All Signing and Striping Plans shall show, at a minimum; Stop S igns, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (RPMs) ( including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plans or as approved by the Director of Engineering/Public Works.

4.28 The Applicant shall furnish accurate Mylars of all improvement plans to the Director of Engineering/Public Works for approval. The improvem ent plans shall be of a scale approved by the Director of Engineering/Public Works.

4.29 The Applicant shall furnish a copy of all approved improvemen t plans on an electronic storage media acceptable to the Director of Engineering/Public Works.

4.30 Upon completion of construction and prior to final acceptance o f the improvements by the City, the A pplicant shall furnish the City with reproducible record drawings of all improvement plans which wer e approved by the City. Each sheet shall be clearly marked “As Built” and shall be stamped and signed by the engineer or surveyor certifying to th e accuracy and completeness of the drawings. The Applicant shall have all approved Mylars previously submitted to the City, revised to reflect the a s - b u i l t conditions. The Applicant shall employ or retain the Engineer o f Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing “As Built”. However, i f subsequent approved revisions have been approved by the Director of Engineering/Public Works and reflect said “As Built” conditions , the EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal

IMPROVEMENT SECURITY AGREEMENTS

4.31 Prior to improvement plans approval the Applicant shall submit for review and City approval, Covenants for the future maintenance and upk eep of (and not limited to), landscaping improvements, hardscape improvemen ts, PM-10 cleanup mitigation, drainage facilities, retention basin improv ements and

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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

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permanent site BMP appurtenances. Once approved by the City, Applicant

shall execute and record such Covenants.

In the event the applicant fails to construct the improvements for the CUP 19-019 or fails to satisfy its obligations for the CUP in a timely man ner, the City shall have the right to halt issuance of permits, and/or final inspections , withhold other approvals related to the development of CUP, or call upon the s urety to complete the improvements.

GRADING

4.32 The Applicant shall comply with all the provisions of Cathedral City Municipal Codes and Ordinances.

4.33 The Applicant shall obtain a Grading Permit subject to the CCM C and the Building Code prior to initiating any construction on parcel 4 only of the CUP site.

4.34 To obtain an approved Grading Permit, the Applicant shall submi t and obtain approval of all of the following:

A. A Grading Plan prepared by a civil engineer registered in th e State of California,

B. A preliminary geotechnical (“Soils”) Report prepared by a pr ofessional registered in the State of California,

C. A Fugitive Dust Control Plan prepared in accordance with Cit y of Cathedral City requirements, An Erosion Control Plan prepared in accordan ce with City of Cathedral City requirements,

D. A Best Management Practices report prepared in accordance wi th Cathedral City requirements (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls),

E. As applicable, A WQMP prepared by an authorized professional registered in the State of California, and

F. If applicable, a Conditional L etter of Map Revision – Fill ( CLOMR-F) issued by the Federal Emergency Management Agency (FEMA). If the Applican t is not securing a CLOMR the Applicant must verify that the entire Proj ect limits are outside a FEMA designated Flood Hazard Area and/or Area of Floo d Hazard Risk as designated by the latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.

4.35 If applicable, all grading shall conform with the recommendatio ns contained in the Preliminary Soils Report, Phase 1 Environmental Assessme nt report and shall be certified as being adequate by the soils engineer, or engineering geologist registered it the State of California.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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

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4.36 A statement shall appear on the Grading Plan that a soils repor t has been prepared in accordance with the California Health and Safety Co de § 17953 and California Government Code § 66490.

4.37 The Applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a Grading Permit. Additionally, the Applicant shall replenish said securi ty if expended by the City of Cathedral City to comply with the Fugitive Dust Control Plan. subject to the CCMC and the Building Code

4.38 The Applicant shall maintain all open graded, undeveloped land i n order to prevent wind and/or water erosion of such land. All open graded , undeveloped land shall either be planted with interim landscapi ng, or stabilized with such other erosion control measures, as were ap proved in the Fugitive Dust Control Plan.

4.39 Grading within the parkway areas shall conform to Cathedral Cit y requirements except as otherwise modified by this condition. Th e maximum slope shall not exceed 3:1 anywhere in the landscape setback ar ea, except for the back slope (i.e. the slope at the back of the la ndscaped lot) which shall not exceed 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 nearest edge of sidewalk is within six feet (6’) of the cur b, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and o ne-half inches (1.5”) in the first eighteen inches (18’) behind the curb.

4.40 Building pad elevations on the Grading or Precise Grading Plan submitted shall conform to the pad elevations shown on the improvement pl ans, unless the pad elevations have other requirements imposed elsewhere in t h e Conditions of Approval.

4.41 Prior to any site grading or re-grading that will raise any por tion of the site by more than plus or minus half of a foot (0.5’) from the elevatio n shown on the approved Grading Plans, the Applicant shall submit the proposed grading changes to the Director of Engineering/Public Works for a subst antial conformance review.

This Project shall comply with the Cathedral City Floodplain Ma nagement Ordinance. If any portion of any proposed building parcel in th e CUP is or may be located within a Flood Hazard Area as identified on the City’s Flood Insurance

DRAINAGE

4.42 Stormwater handling shall conform to the approved Hydrology and Drainage Report for the CUP. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.

4.43 Incremental increases in stormwater and nuisance water (drainag e) shall be retained on site and shall be disposed of in an approved manner . Nuisance

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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

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water shall be disposed of via on-site storm drains, new and ex isting catch basins, underground percolation piping chambers, dry wells and retention basin(s) subject to the CCMC and the Building Code.

4.44 All drainage water shall be conveyed underground, subject to the CCMC and the Building Code.

4.45 Storm water drainage historically received from adjoining prope rties shall be received and retained and/or passed though into the historic do wnstream drainage relief route.

4.46 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Stormwater Discharge Permit; Rivers ide County Ordinance No. 457; the Californian Regional Water Quality Contr ol Board – Colorado River Basin (CRWQCB-CRB) Regional Board Order No. R7-2 013- 0011 and the State Water Resources Control Board’s Order No. 20 09-009- DWQ, 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 requireme nts of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance of BMPs per the approved Wa ter Quality Management Plan (WQMP) for the project as require by th e California Regional Water Quality Control Board – Colorado Rive r Basin (CWQRCB- CRB) Region Board Order No. R7-2013-0011.

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

UTILITIES

4.47 All facilities within the CUP sha ll be served with a gravity sa nitary sewer system, a domestic water system and a fire protection system in accordance with CVWD and City of Cathedral City Fire Department requiremen ts and standards. Applicant shall pay to the City and CVWD all applica ble sewer and water service charges, capacity charges and construction reimbursements to ensure all services are complete, in place and operational prior to the respective COO being issued.

4.48 The Applicant shall abandon or relocate existing easements over CUP prior to issuance of the COO as required by the agency and/or individ ual favored.

Additionally, the Applicant shall relocate existing utility fac ilities that are required by all utility purveyors prior to issuance of the COO.

SECTION 5 FIRE PROTECTION
This project has been reviewed as “Gro up A-3” type occupancy 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 and ordinances adopted by this jurisdiction. Please contact the City of Cathedral City Fire

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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

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Department for any questions regarding compliance with the applicable codes or following conditions:

Note: Compliance with all codes, standards, laws, ordinances, and references in place at the time of the submittal, including but not limited to the National Fire Protection Association (NFPA), Underwriters Laboratories (UL), etc.

5.01 The Final Conditions of Approval for this project shall be incl uded in any site plan or construction plans submitted for permit issuance. Plans will not be approved without reference to these “conditions”.

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

5.03 Storage of combustible materials shall be in accordance with the CFC.

5.04 Provisions for the storage or handling of hazardous materials (including pesticides, insecticides and fertilizers) as defined by Federal, State, and Local Law, shall be in accordance with CFC, Chapter 50.

5.05 Storage and handling of flammable and combustible liquids shall be in accordance with the CFC, Chapter 57 and NFPA 30 (2018), Flammable and Comb ustible Liquids Code, and Cathedral City Fire Department Development Guidelines.

LIFE SAFETY AND FIRE PROTECTION SYSTEMS

5.06 The existing building is equipped with an automatic fire suppre ssion system and must continue to provide for 24 hour monitoring per the 2019 CFC.

5.07 The building must be equipped with a public address system in c ompliance with Section 907.2.1.1 of the 2019 CFC which states that a “Group A occupancy with an occupant load of 1,000 or more must have an emergency voice/ alarm communications system that is activated by the fire alarm”.

5.08 Portable fire extinguishers shall be installed and maintained i n accordance with CFC, Section 906 and CCR, Title 19, Chapter 3. The type and spa cing shall be approved by the Cathedral City Fire Department prior to installation.

5.09 Emergency lighting and Exit signs are required above all doorwa ys leading to the exterior and in all hallways directing occupants to an exterior e x i t , v i a a p a t h o f egress. Clear paths of egress are required at-all-times in exit corridors (no storage or equipment).

5.10 All exit doors must swing in direction of egress and shall be r eadily openable from the inside without the of key or special knowledge.

5.11 Required exit access, exits and exit discharges shall be contin uously maintained and free from obstructions.

5.12 No surface latches or security bars are permitted on Exit Doors (except as approved by the Fire Department in coordination with the Police Department facility security plan.)

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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)

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5.13 No change in use or occupancy shall be made to any existing bui lding or structure unless the means of egress system is made to comply with the re quirements for the new use or occupancy in accordance with CFC, Chapter 10.

5.14 An approved fire apparatus acce ss road not less than 20 feet wi de shall be provided for access to within 150 feet of all portions of the building.

5.15 Prior to the issuance of a Certificate of Occupancy, "No Parking - Fire Lane" signs, red curbing, street signs and other required markings shall be provided to the specifications of the Cathedral City Fire Department in the alley-way to the north of the building, in accordance with the CFC, Section 503.3 and Cal ifornia Vehicle Code Section 22500.1.

5.16 Fire access roads shall not be obstructed in any manner, includ ing the parking of vehicles. Traffic calming devices shall be prohibited unless ap proved by the Fire Code Official.

5.17 An operational permit is required to conduct an operation utili zing flammable or combustible liquids or the application of combustible powders.

5.18 All drapes, hangings, curtains and other decorative material, i ncluding Christmas trees that would tend to increase the fire and panic hazard sha ll be made from a nonflammable material or shall be treated and maintained in a f lame retardant condition with a flame-retardant solution approved by the State Fire Marshal.

5.19 Prior to final inspection, an illuminated address with twelve-inch (12”) in height and a minimum of one and one-half (1 ½”) stroke numbers on a contra sting background and illuminated (backlit or surface) shall be provid ed on all existing buildings in accordance with the CFC, Section 505.

5.20 Install Knox key boxes and/or Knox locks for Fire Department ac cess in accordance with CFC Section 506.

SECTION 6 BUILDING DEPARTMENT

6.01 Project shall comply with the adopted California Building Stand ards Code (Title 24, California Code of Regulations) and other City Ordinances w hich 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

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

6.03 The requirements of the Department of Environmental Health Serv ices and the

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Air Quality Management District shall be satisfied prior to iss uance of any permit if hazardous materials are stored and/or used.

6.04 The applicant shall indicate on plans the path of travel for th e disabled from the building to the public bus stop. The disabled parking stalls wi ll be located on the shortest route to the building entrance.

6.05 If hazardous substances are used and/or stored, a technical opi nion and report identifying and developing methods of protection from the hazar ds presented by the hazardous materials may be required. This report shall be p repared by a qualified person, firm, or corporation and submitted to the Bui lding and Safety Department. This report shall al so explain the proposed facilit y’s intended methods of operation and list all of the proposed materials, th eir quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.

6.06 All signs shall be Underwriters Laboratories approved or the equivalent.

6.07 Permits are required prior to the removal and/or demolition of structures.

6.08 Construction plans shall be not be required to be prepared by a California registered architect per California Business & Professional Cod e Sections 5538 and 6745

Sections 5538 DQGRIWKH&DOLIRUQLD%XVLQHVV 3URIHVVLRQV&RGH states:

These Sections of the California Business & Professions Code do n o t p r o h i b i t a n y person from furnishing plans for any of the following:
• N o n - s t r u c t u r a l s t o r e f r o n t s , i n t e r i o r a l t e r a t i o n s , f i x t u r e s , cabinetwork, furniture, or other appliances or equipment.
• Any non-structural work necessary to provide for their installation. . .

The CCMC defines “structure” as follows:

9.08.020 Definitions.
“ S t r u c t u r e ” m e a n s a m o b i l e h o m e o r a n y t h i n g c o n s t r u c t e d o r e r ected and the edifice or building of any kind or any piece of work artificial ly built up or composed with parts joined together in some definite manner which requir es location on or in the ground or is attached to something at the location on or in the ground except swimming, wading pools, patios, paved areas, walks, tennis cour ts, and similar recreational areas.

The scope of the subject application concerning c onstruction for Parcel 1 is to remove and replace non-structural architectural details and paint. For Parcel 4, to include a patio with a freestanding wall which is considered non-structural work.

Approved for Planning Entitlemen ts by the Cathedral City Planni ng Commission on May 19, 2021.

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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

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Attest:

Brenda Ramirez Applicant
Associate Planner
Tracey Martinez

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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) VOICE: 760.578.4940FAX: 760.418.6530
EMAIL: [email protected]

MARK DURKTON
202 SAVAGE DRIVE
CATHEDRAL CITY, CA 92234
MARK DURKTON CONSTRUCTION INC.

SIGN:___________________________________
Cathedral City Event Center
35900 DATE PALM DR.

CATHEDRAL CITYCA.Contractor's State License Board No. 505442

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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)

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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) 1 RIV #4851-2460-9782 v2
PLANNING COMMISSION RESOLUTION NO. P21-____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. 19-019.

WHEREAS, Applicant, 35900 Date Palm LLC, applied for a Conditional Use Permit (“CUP No. 19-019” or “Project”) to operate an events center at 35900 Date Palm Drive (Assessor’s Parcel Numbers 673-250-026, -027, -028 and -029); and

WHEREAS, on May 19, 2021, the Cathedral City Planning Commission (“Planning Commission”) considered CUP No. 19-019 during a regularly scheduled and duly noticed public meeting; and

WHEREAS, during the May 19, 2021 meeting, Applicant expressed disagreement with the Project’s Conditions of Approval, and consideration of the Project was continued to July 7, 2021 in order to provide Applicant with sufficient time to review and discuss the Conditions of Approval with City staff; and

WHEREAS, on July 7, 2021, during a regularly scheduled and duly noticed public meeting, City staff and Applicant requested and the Planning Commission granted an additional continuance to August 4, 2021 in order for Applicant and City Staff to continue discussions of the Conditions of Approval; and

WHEREAS, on August 4, 2021, during a regularly scheduled and duly noticed public meeting, the Applicant continued to express disagreement and would not comply with the Project’s Conditions of Approval; and

WHEREAS, after considering public testimony and closing the public hearing, the Planning Commission voted to deny the Project and directed City staff to prepare a resolution for denial.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Planning Commission has considered all of the evidence submitted into the administrative record for the recommendations listed in this Planning Commission Resolution No. , including, but not limited to, the following:

(a) The application for CUP No. 19-019;

(b) Section 9.72 of the Cathedral City Municipal Code and the Circulation Element of the Cathedral City General Plan;

(c) The Staff Reports prepared by Robert Rodriguez dated May 19, 2021, July 7, 2021 and August 4, 2021, including all Exhibits attached thereto;

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(d) Staff presentation at the public hearing s conducted at the Planning Commission meetings held on May 19, 2021, July 7, 2021, and August 4, 2021;

(e) Testimony and/or comments from interested parties, including the Applicant and its representatives , submitted to the City in both written and oral form at, or prior to, the Planning Commission meetings held on May 19, 2021, July 7, 2021, and August 4, 2021;

(f) Public comments, both written and oral, received and/or submitted at, or prior to, Planning Commission meetings held on May 19, 2021, July 7, 2021, and August 4, 2021; supporting and/or opposing the staff recommendation.

Section 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Planning Commission makes the following environmental determinations:

That the City of Cathedral City acting as lead agency has determined that the denial of CUP No. 19-019 is not a project pursuant to CEQA.

Section 3 . The Planning Commission has considered all of the evidence submitted into the administrative record for proposed CUP No. 19-019 and bases its denial 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; and

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. Proposed events include weddings, bachelor/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, inadequat e parking, 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 staff have 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.

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Attachment: CUP 19-019 Herman Event Center PC Resolution - Deny 4851-2460-9782 v.2 (2838 : CUP 19-019)

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3. Without implementation of the Conditions of Approval, the site for the proposed uses does not rel ate 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 or improved to carry the type and quantity of traffic to be generated by the proposed uses.

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

The Applicant has been provided with multiple opportunities 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 offsite improvements to parking (asphalt, striping and d rive 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 ensure 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 these 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 thru 4.44, and 4.53 thru 4.58 , all related to drive ways, 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.

The above represents a sampling of Applicant’s expressed disagreement with the Conditions of Approval and is not an exhaustive list; however, it can be concluded that Applicant does not intend to comply with a significant number of Conditions of Approval that constitute the minimum requirement to mi tigate the impacts of the Project.

Section 4. In view of all of the evidence, and based on the foregoing findings and conclusions, the Planning Commission hereby denies CUP No. 19-019.

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Attachment: CUP 19-019 Herman Event Center PC Resolution - Deny 4851-2460-9782 v.2 (2838 : CUP 19-019)

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Section 5. The Secretary shall certify as to the adoption of this resolution and shall cause the same to be processed in the manner required by law.

THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this 18th day of August, 2021 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Ralph C. Thompson-Cantua, Chair

ATTEST AND APPROVED AS TO CONTENT:

Robert Rodriguez, Director of Planning and Building

PREPARED BY:

Brenda Ramirez,
Associate Planner/
Secretary to the Planning Commission

APPROVED AS TO LEGAL FORM:

Leila J. Moshref-Danesh
Deputy City Attorney

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Attachment: CUP 19-019 Herman Event Center PC Resolution - Deny 4851-2460-9782 v.2 (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)

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 Conversion of Small Structures).

APPROVE Conditional Use Permit No. 19 -019 subje ct to the attached Conditions 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 the PCC (Planned Community Commercial) Zoning District; has been determined to be similar to those

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) uses permitted as a conditional use per the City of Cathedral City Zoning Ordinance, Chapters 9.30 and 9.72;

2. The event center is desirable for the development of the community in that it provides a needed service for local residents and business es, 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 PCC Zoning District with t he implementation of the conditions of approval;

3. The site is adequate in size and shape to accommodate the additional outdoor patio/garden area and has been reviewed, and has specific conditions added, to ensure that the facility is compatible with the exi sting or permitted future uses in the neighborhood;

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

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

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 center within a vacant c ommercial building in the PCC (Planned Community Commercial) 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 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 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) a nd are not part of the proposed project.

The proposed project w ill occupy the entire 80,000 square -foot commercial building, which was formerly occupied by Burlington Coat Factory, and include a newly constructed 7,8 60 square -foot outdoor patio/garden area on the vacant area abutting the south side of the building, facing Gerald Ford Drive. The surrounding uses include

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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 submitted for final review b y the Committee prior to the issuance of building permits. Staff has incorporated the comment in the Conditions of Approval. The Planning Commission will take final action on this matter unless it is appealed to the City Council.

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

The applicant express ed concern with the limited time provided from when the Staff Report and Conditions of Approval were received to the hearing , and additional time was requested to review these items and meet with staff if necessary. Therefore, the Planning Commission unanimously approved a motion 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 conc erns; 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 sho uld 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 the July 7, 2021 meeting, and upon the request of staff, the Planning Commission contin ued 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 Conditions of Approval . The applicant and sta ff were able to agree on revisions to conditions within Sections 1, 2 and 3 of the Conditions of Approval . However, the applicant conveyed 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, in good faith, to remove these conditions considering the nature of the applicatio n, impacts to the site and immediate area, the intensity of the proposed use, and pr ecedent 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 requested version of the conditions of approval which have been included as an attachment to this staff report.

Operations

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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:
• Education and career events,
• Entertainment, corporate, political, religious, and fundraising events, • Athletic and participant events,
• Swap Meet/Flea Markets; and,
• Temporary cannabis events.

Unfortunately, d ue to the current COVID -19 pandemic that ha s led to res trictions of large gatherings and assembly uses, events that would be idea l 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, conditions of approval have been incorporated to ensure events, the operations of those events, and the project site comply with Federal, State, and local laws, the Cathedral City Municipal Code (CCMC) and Special Use Permit requirements.

The facility will not offer full kitchen service s, only permitting 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 ensure adequate access is maintained during events.

ANALYSIS:

Zoning Consistency
Within the Zoning Ordinance, each Zoning District lists specific uses that are permitt ed 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 anticipated. Therefore, the Planning Commission may approve other similar uses to those permitted in th e Zoning District.

The PCC Zoning District, which is intended for retail and service commercial uses of a relatively high intensity , allows uses such as commercial recreation facilities, game arcades, fast -food restaurants, grocery stores, big box retail s tores and private clubs and lodges, which share operational characteristics with the proposed 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 determin ed that the event center is

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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 driveways 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 areas, drive aisles or the landscape planters within. 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 have 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.

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

Other onsite improvements include the addition of 48 parking spaces, 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 throughou t the site and maintain the depressed loading dock located along the eastern side of the existing buil ding. 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 features that are currently along the north and west elevations. The building will be repainted in a grey paint scheme that will highlight the building column s with a dark gray (gauntlet gray) paint to contrast the lighter gray (alpaca) paint proposed for the body of the building. The existing main storefront will remain the primary entrance to the building, but the window fram es 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) 50 percent shading requirement and t he 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.

Considering the COVID -19 pandemic and the aforementioned challenges tha t has created for this project and holding in -person events, staff has 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 facili ty to potential events once restrictions are lifted.

ENVIRONMENTAL REVIEW:

Staff has determined that the project meets all of the conditions for a Categorical Exemption under Section No. 15332 (Infill Development) of the State CEQA Guidelines, based on the following:
a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(b) The project occurs within Ci ty 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 custodian of the documents or other material, 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 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Attachment 7 - Public Hearing Notice
Attachment 8 - Applicant Response Letter

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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 the approved Conditions of Approval which shall certify that the Applicant agrees to implement all Conditions of Approval.

1.02 A copy of all pages of these conditions shall be printed onto the first page of the City’s copy of final construction drawings.

1.03 Approval of the reference plan is preliminary only. All final plans, including working drawings and construction plans, shall be submitted to and appro ved by the Planning, Engineering and Building Departments prior to issuance of building permits. The development of the property shall conform substantially to t hose plans as approved by the Architectural Review Committee, Planning Commission and City of C athedral City , except a s specifically modified by any of the conditions of approval. Any deviation from the City approved set of plans shall be approved in writing by the Director of Planning/Building pursuant to the CC MC and Building Code prior to the ins tallation, construction or deletion of the requested plan modification.

1.04 This approval shall b e valid for two y ears from date of approval unless extended pursuant to the Zoning Ordinance.

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

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

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Planning Commission Conditions of Approval
August 4, 2021

drives, paving, parki ng are as and other impro vements r equired for access and parking for the building are completed.

1.07 The development of the site shall conform to all ordinances, codes, regulations, policies and deve lopment design co ntrols pur suant to the Cathedra l City Municipal Code (CCMC) and Building Code in effect at the time of the building permit submittal.

1.08 All improvements approved for construction are required to be maintained as to comply substantially with the plans approved for constru ction, unless modifications are approved by the Director of Plan ning/Building and City Engineer. The improvements to be maintained include, but are not limited to, site improvements: parking and walking surfaces, private drainage contr ol facilities, fences/walls, signs, an d lights; building and accessory structure i mprovements; paint colors and other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, all architectural features , landscaping and landscape irrigation.

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

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.

SECTION 2 FEES

2.01 The A pplicant shall pay all applicable City of Ca thedral City fees, 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 du e and payable, as permitted by applicable law.

NOTICE TO APPLICANT: Pursuant to Go vernment Code Section 66020(d)(1), the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begi ns on the effective d ate of this appro val and an y 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 righ t to protest the fees, dedi cations, reservations, or other ex actions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project. It further does not apply to any fees, dedicati on, reservations, or exactions for which the applicant has be en 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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Planning Commission Conditions of Approval
August 4, 2021

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

3.02 Prior to the issuance of a building permit, the Applicant shall all eviate the negative y early impac t on the 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 pr oviding General F und services as calculated and determined by the City of Cathedral Finance Department.

3.03 If during the cour se of grading or construction, artifacts or other cultural resources are discov ered, all grading on the site shal l be halted and the Applicant shall im mediately notify the Director of Planning/Build ing. A qualified archaeologist shall be called to the sit e by, and at the cost of, the Applicant to identify the resource and recommend mitigation if the resource is cult urally significant. The archeologist will be required to provide copies of any studi es or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Agua Caliente Tr ibal 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 shal l no t resume until such time that the site has been cleared by County Coroner and/or the Cathedral City Pol ice Department. The Applicant shall also be required to consult with the Agua Caliente Tribal Historic Preservation Office (THPO).

3.05 A Final Landscape Co nstruction Plan, pr epared by a licensed landscape 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 blo ck with sheet num ber, 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 each plant species used, size (i .e., cali per, g allon, box, or brown trunk height, and /or qua ntity) and whether it is deciduous or evergreen.
c. Show use of concrete mow strip between turf and other surfaces. d. Clear indication where landscaping will be used to screen mechanical, electrical, and irrigation equipment.
e. A plant landscape legend, including a specific symbol for each 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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Planning Commission Conditions of Approval
August 4, 2021

f. Show all location of mechanical, electrical, an d irrigation equipmen t and landscaping that will screen from public view.

g. A detail showing planter design adjacent to walkways and driveways that is designed to prevent soil and/or decomposed granite from flowin g onto walkways and driveways . There s hall b e a minimum two -inch vertical separation between the pavement and the soil.

h. Plant and tree installation and staking details. Plant and tree installation and staking details that require single trunk trees to be double staked and multi - trunk trees to be staked appropriate to the species of tree. i. Details, specifications, and location of all pavers and decorative 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 dec orative surface m aterials shall be approved by the Director of Planning/Building before issuance of any permits.
k. Landscaping and irrigation shall be provided along the street frontage. l. Landscape plans shall meet the requirements of the City of Cathedral 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 & Efficient Landscape Gardening in the Coachella Valley”.

n. An Irrigation Plan with equipment details.

3.06 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 tre es shall be primarily of drought tolerant species 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-trunk trees shall be staked appropriate to the species of tree.

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

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August 4, 2021

g. Projects located along major arterials and/o r 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 (ba ckflow pre venters), shal l be located with in 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 size by the pr oject planner prior to being planted. It is the responsib ility of the contractor and/or Applicant to make an appointment with the project p lanner to conduct this verification.
l. All trees on site shall be non-fruit-bearing.
m. All planter areas adjacent to pav ement shall be 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 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 Depart ment, for review by the Engineering Depart ment, prior to submittal of a building permit application . Reciprocal access and 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, shal l be watered and permanently maintained. All dead vegetat ion 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 pla nt materia ls from vehicle s. Such curbing height shall be at least six inches. Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and said curbing is needed to retain water. Overflow devices which drain under sid ewalks may be required to assure that wate r does not overf low planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb.

3.10 The Applicant shall record a maintenance covenant over th e property that guarantees the removal of weeds, dust, blow sand, and debris, and ensures that

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August 4, 2021

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

3.11 The Applicant shall contact the Planning Department 90 days after issuance of a Certificate of Occupancy to arrange for a follow -up on-site inspection to ensure that all plant material is being maintained consistent with the approve d 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, backflow preventers, and fire equipment), either roof or ground mounted , shall be architecturall y screened from p ublic view. All such equipment shall be fully screened by the roof struc ture, a parapet w all, a ppropriate ground mounted walls, bermi ng, or landscaping. All walls shall architecturally match the building. If, after construction, but prior to the approval of a final inspection, it is determined by the Director of Planning/Bui lding that equipm ent ca n be viewed from the public street, a plan for screening the equipment shall be submitted to the Pla nning Department for approval. Once approved, said scree ning shall be constructed prior to issuance of a Certificate of Occupancy.

3.14 All elect rical equipment including cabinets and conduits shall be inte rior 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 plai nly visible and legible from the street or road fronting the proper ty. Property numbers shall be 12 inches in height, internally illuminated and designed to il luminate automatically during periods of darkness.

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

3.18 A master sign program application shall be required for any proposed changeable copy or reader board sign in accordance with the procedure s 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 wall s and fences shall have a maximum height of six (6) feet unless a variance application has been approved in accordance with Chapter 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 ap provals for

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August 4, 2021

the event or activity have been approved by the City in accordance wit h the CCMC.

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

3.23 All drains pipes shall be i nterior to the building. E xposed drainpipes are specifically prohibited.

3.24 All drain term inations shall be from the Watts Drainage P roduct RD -940 or a product of equal value.

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

3.26 All existing and proposed lighting, light fixtures, and light stand ards 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 lo ading areas and not within the public right -of-way, except those activities approved by the Director of Planning/Building and City Engineer.

3.32 Exterior paint colors for all buildings shall comply with the color 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 facili ty. The r euse of materials is considered an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager.

3.34 Prior to the iss uance of a C ertificate of Occupancy, the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved by the Environmental Conservation Manager.

3.35 The p arking of any vehicles related to an event or acti vity on a publi c street , intended or unintended, is prohibited.

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

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

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3.38 Any indoor event that use s the outdoor patio enclosure shall comply with the CCMC, in cluding regulations found in Chapter 11.96 (Noise Control) 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 the procedures established in Chapter 9.68 of the CCMC

3.40 Any outdoor event or activity or an event or activity with an outdoor 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 occupancy, as determined by the CCMC and Building Code , shall require the approval of a Special Use Permit in accordance with the procedure s estab lished in Chapter

9.68 of the CCMC.

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

3.43 Any event or activity that involves cannabis, or a temporary can nabis 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 serves or sells alcoholic beverages shall obtain the proper permits from the Alcoholic Beverage Contr ol 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) shall be prov ided 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 claim, action or proceeding to attack, set aside, void, or annul the a pproval 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 City shall promptly notify the applicant of any c laim, action or proceeding and shall cooperate fully in the defense.

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

4.03 This CUP and Plans shal l comply with the requirements and s tandards 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 m itigation 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 appro vals, the Director o f Engineering/Pu blic Works and/or Director of Planning/Building shall determine precedence.

4.05 All conditions herein shall be met prior to any Engineering Permit issuance for the CUP or as specifically modified by item as linked to a Cert ificate of Occ upancy (COO) issuance and/or time limit from the date of issuance of the Engineering Permit.

4.06 Prior to issuance of any Engineering, Grading, Encroachment or Building Permit by the City, the Applicant shall obtain any necessary clearances 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 Applica nt is responsible for all the requirements of the permits and/or clearances from t he above listed agenc ies. When the requirements include approval of improvement plans, the Ap plicant shall furnish proof of such approvals when submitting those improvement plans for City approval.

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

4.07 If applicable, the Applicant shall be responsible for co mpleting all CUP approved Phase I Study recommendations, all Ci ty and Riverside County require ments and Riverside County Department of Environmental Health requirements. Proo f of compliance shall be submitted to the City before issuance of Building Permits for the CUP.

4.08 As applicable, coverage under the State of Calif ornia Construction General Permit must be obta ined by the Applicant, who then shall submit a copy of the Region al 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, p rior to constructi on, during construction and up to Project acceptance the Applicant shall comply wi th applicable prov isions of the City’s NPDES Stormwater Dischar ge Permit and Riverside County Ordinance No. 457; the Califor nia Regional Water Quality Control Board – Colorado River Basin Regional Board Order No. R7 -2013-0011 and the State Water Resources Control Board’s Or der No. 2009 -009-DWQ, Order No. 2010 -0014-DWQ and Order No. 2012-0006-DWQ.

A. For construction activities i ncluding 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 whic h is a part of a construction project that en compasses 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 Appli cant or design professional can obtain the Ca lifornia Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.

C. Prior to the Applicant submit ting the SWPPP to the SWRCB, the Applicant shall submit a copy of the SWPPP to the Director of Engineering/Publi c Works for review.

D. The Applicant shall deliver a complete c opy of the State Water Resources Control Board approved SWPPP to the Director of E ngineering/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 proje ct site at all times through and including acceptance 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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Planning Commission Conditions of Approval
August 4, 2021

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 Applicant shall be approved by the Director of Engineering/Public Works.

H. The SWPPP and BMPs s hall remain in effect for the entire durati on 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 duration 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, tr ash, rubbish and del eterious material removal in all areas of the CUP’s interior spaces and street frontages, including gutter pans, sidewalks, parkways, right -of-way; and interior parking lots, drive aisles , lands caped areas and all other interior areas. The Applicant shall include these responsibilities into the daily maintenance of the site for perpetu ity and be i ncluded 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 approval for any horizontal dimension s implied by any site plans or exhibits unless 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, negotiat e and/or modify any documents or instruments required by these co nditions and/or subsequent modification reques ts to these Conditions of Approval. This obligation shall be paid in the time note d above 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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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

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 a ny documents or instruments required by these conditions and/or subsequent modification requests. This obligation shall be paid in the time not ed 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 ac tual costs incur red by the City for Engineering, Planning and/o r Building Department reviews and/or modify any docum ents or inst ruments required by these conditions and/or su bsequent modification requests. This obligation shall be paid in the time noted ab ove without dedu ction 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 easem ents and other pr operty rights necessary for the construction o r proper functioning of the proposed CUP. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for 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 entitie s over easements and other property rights necessary for construction and proper functioning of the proposed CUP not limited to access rights ove r 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 re cord the Maintenan ce Covenant described in 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 t he Director of Engineering/Public Works.

ii. The Applicant will record the Street Light Covenant descr ibed 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 Gerald Ford Drive and Date Palm Drive, respectively, subject to the approval 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 CUP

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

and adjacent parcels (APNs: 673-250-004 and 673 -250-025) subject 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 CUP 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) of 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 M aintenance Covenant (as part of the WQMP ) described in Condition 4.34 on Parcel APN 673-250-029 of the CUP.

4.18 The Applic ant shall retain f or private use in this CUP all private street rights -of- way, pa rking lots, ac cess ways, entry points, and rights -of-way in confor mance 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 drive aisles pavement sections using Cal Trans’s design procedure for 20 -year life pavement, and the site-specific dat a for soils strength and anticipated traffic loading (including construction traffic). Minimum structural sections, with asphalt placed in two l ifts, 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 as phalt cap on the existing a sphalt parking lot , subject to material and workmans hip approved by the Director of En gineering/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 Dir ector of
Engineering/Public Works.

c. Applicant s hall correct existing parking lot and drive ais le stormwater and n uisance wat er (d rainage) “low spots ” that do not have positive drainage. Drain age shall be disposed

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

of via on -site storm drains, new and existing catch basins, underground percola tion pipin g c hambers, dry wells and /or retention basin(s) as approv ed 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 Dir ector of Engi neering/Public Works.

c. Applicant shall correct existing parking lot and drive ais le stormwater and nuisance wat er (drain age) “low spots ” that do not have positive drainage. Drainage shall be disposed of via on -site storm drains, new and existing catch basins, underground percolation piping c hambers, dry wells and /or retention basin(s) as approv ed by th e Director of
Engineering/Public Works.

iii. All Parking Lot and Drive Aisles abutting south of the CUP’s building frontage extending to the south and east property line:

a. Applicant will remove and replace existing and/or install new asphalt with 3.0 -inches/4.5-inches c lass II base subject to material and workmanship app roved by t he 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 Dir ector of Engi neering/Public Works.

c. Applicant shall correct existing parking lot and drive ais le stormwater and n uisance wat er ( drainage) “low spots ” that

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

do not have positive drainage. Drainage shall be dispo sed of via on -site storm drains, new and existing catch basins, underground percola tion piping c hambers, dry wells and /or retention basin(s) as approv ed by the Director of
Engineering/Public Works.

iv. All parking lot lighting and required conversions to LED shall comply with the lighting, photometric , B uilding Plans and Engineering Site Plan s to the satisfaction of the Director of P lanning/Building and Director of Engineering/Public Works.

4.20 The Applicant shall reconstruct on the following frontage driveways:

i. Date Palm Drive (where the access driveway currently exists):

a. One (1) approxim ately 38-foot-wide Riverside County Commercial Driveway Standard No. 207A, to be show on the plans and constructed to the sati sfaction of the Director of Engineering/Public Works.

ii. Gerald Ford Drive approximately 300 feet west of the CUP’s east property line (where the access driveway currently exists):
a. Upgrade and a dd ADA appurtenances (truncated domes, etc.…) to the on e (1) 34 -foot wide, Riverside County
Commercial Driveway Standard No. 207A to bring driveway into ADA compliance (if slo pes and grades are already in ADA compliance), to be show on the plans and upgraded to the satisfaction of the Director of Engineering/Public Works.

i. If existing slopes and grades of the driv eway are not in ADA compliance, portions and/or all the ex isting
driveway will be reconstr ucted to the satisfaction of
the Director of Engineering/Public Works.

iii. Gerald Ford Drive adjacent and west of the CUP’s east property line (where the access driveway currently exists):

a. Construct One (1) 35-foot-wide Riverside County
Commercial Driveway Standard No. 207A, to be show on the plans and constructed to the sati sfaction of th e Director of Engineering/Public Works

4.21 The three (3) entry/exit driveways on Date Palm Drive and Gerald Ford Drive , respectively, fronting the CUP as shown on the CUP’s Plans and as part of these Conditions of Approval, shall provide ingress and eg ress f or customers,

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

employees, deliveries and v endors. Any modification in use to the se driveways will require the approval of the Director of Engineering/Public Works.

4.22 The three (3) entry drives, interior circulation routes, setbacks and other features generally shown on the CUP’s Plans, may require additional street w idths as determined by the Director of Engineering/Public Works.

4.23 Curve Radii for cu rbs at all street intersections and driveways shall not be less than 35 feet to be as shown on the CUP’s Plans. All radii less than 35 feet will require the individual approval of the Director of Engineering/Public Works.

4.24 All commercial driveways shall be RC Commercial Driveway Standa rd No. 207A as specifically cited in these Condition s of Approval with final app roval by the Director of Engineering/Public Works.

4.25 The Applicant shall install Ty pe A-6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, a nd provide lateral containment of dust and residue during street sweeping operat ions, subject to the approv al of the Director of Engineering/Public Works.

4.26 The Ap plicant shall construct all roadways, parking lots, drive aisle s, curbs and gutters, sidewalks and driveways to uniformly conne ct to existing adjacent public and/or private i mprovements within and adja cent the CUP to be shown on the Plans to the satisfaction of the Director of Engineering/Public Works.

4.27 The Applicant shall construct all appurtenant private roadway components such as, but not lim ited to: curb, gutter, sidewalk , ADA ramps, traffic control striping, legends, traffic control signs and street n ame signs, all to be shown on the Plans and to the satisfaction of the Director of Engineering/Public Works.

4.28 The Applicant shall coordinate and pay all cost necessary for the installation of the six (6) below detailed City and Southern California Edison ( SCE) approved LED street lights with SCE and to take over all r elated expenses, including the monthly electrical expense for the street lights in stalled prior to the issuance of the COO.

The Applicant shall execute a Street Light Covenant and be reviewed and approved by the Director of Engineering/Public Works prior to recordation.

A. Install three (3) 22,000 lumen LED street light s along the Date Palm Drive frontage of th e CUP , per City and SCE Standards, with the final location s subject to approval by the Director of Engineering/Public Works prior to the issuance of the COO.

B. Install three (3) 22,000 lumen LED street light s along the Converse Road frontage of the CUP, per City and SCE Standards, with the final locations

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

subject to approval by the Director o f Engineering/Public Works prior to the issuance of the COO.

4.29 If applicable, t he Applicant shall coordinate and pay all cos t necessary for the undergrounding and removal of a ll, and not limited to, aerial wires, power line s, telephone wires, cable lines, c ommunication equipment, pole under burden and respective poles that are within this CUP, per CC M unicipal Code 8.30.050 , prior to the issuance of the COO to the satisfaction of the Director of Engineering/Public Works.

4.30 The Applicant will design and install on site stormwater drainage facilities:

i. Within the paved and landscaped areas of the CUP, the Applicant will design facilities to capture all incrementally increased onsite nuisance and stormwater, with breakout facil ities, per Cathedral City Municipal Code and WQMP requirements and other conditions specified herei n to the satisfaction of the Director of Engineering/Public Works.

4.31 Dedications shall include additional width s as necessary for dedicated right and left turn lanes, deceleration and accel eration lanes, bus turnouts and other features that may be contained in the CUP Plans.

4.32 When the Director of Engineering/Public Works determines that access rights to the proposed street r ights-of-way shown on the CUP’s Plans are necessary prior to the issuan ce of the COO, the Applicant shall grant the necessary rights -of-way within 60 days of a written request by the City.

4.33 Where public facilities (e.g. sidewalks) are placed on privately o wned setbacks, the Applicant shall offer for dedication blanket easemen ts for those purposes by separate instrument prior to the issuance of the first COO.

4.34 As applicable, the Applicant shall offer for dedicatio n to the City those easements necessary for access to draina ge facilities and basins, by separate instrument.

The Applicant and/or Owner is required to execute a Water Quality Management Plan and Urban Runoff Best Managem ent Practices Transfer, Access and Maintenance Covenant with the Cit y (as part of the WQMP) prior to issuance of the Grading Permit.

4.35 The Applicant shall cause al l missing property corners and survey monuments within the boundaries of the CUP to be set p rior to the issuance of the COO, i n accordance with the Subdivision Map Act and City requirements.

4.36 The Applicant shall furnish proof of easements, o r written permission, as appropriate, from those owners of all abutting properties on which, and not limited to, grading, wall construction, retaining wall construction, perm anent slopes, street

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities will occur.

i. Further, all abutting properties disturbed by the Applicant’s CUP, and not limited to, grading, wall constructi on, retaining wall construction, permanent slopes, street imp rovements, sidewalks, driveways, utility relocations, other encroachments and other construction activities performed by the Ap plicant, will b e restored to original and/or improved conditions sub ject to the prior review and approval of the Director of Engineering/Public Works and/or Director of Planning/Building.

4.37 The Applicant shall caus e no easement to be granted, o r recorded, o ver any portion of the subject property between the date of approval of the CUP and the date of issuance of the COO, unless such easement is approved by the Director of Engineering/Public Works.

4.38 The Applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements ove r the proposed CUP that may be affected by proposed improvements. Pursuant this c ondition, the Applicant shall apply to the City for any street vacation request of public rig ht-of-way and/or utility easements. The Applicant must provide all applicable exh ibits and legal descriptions and perform all necessary abandonments or relocation of easements and/or facilities as required by all affected util ity purveyors over the public rights- of-way and/or utility easements, or as approved by the Director of Engineering/Public Works. Typically, the r ight-of-way vacation process is up to three (3) months.

PUBLIC IMPROVEMENTS

4.39 The Applicant shall construct and dedicate the following stre et improvemen ts to conform to the General Plan and the requirement s of the CUP ’s Traffic Impact Analysis:

A. PUBLIC STREETS

1) Date Palm Drive – Public roadway as s hown on the Plans and per these Conditions of Approval shall include the following:

a) Date Palm Drive is a pu blic roadway and is designated as a n Arterial Highway with a 126 ft. right of way (half street right of way is 63 ft.).

b) Street measured at curb to curb shall have a 94 ft. street width.

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

c) Construct full street improvements along the CUP ’s Da te Palm D rive frontage including new curb, gutter, sidewalk and asphalt at the General Plan street section location of 47 ft. east of Date Palm Dr ive’s centerline of improvements (5 ft. west of th e Date Palm D rive centerline) per the General Plan.

Curb and gutter will be constructed 4 ft. east of the existing curb along the CUP’s Date Palm west frontage with a curb line taper transition of curb, gutter, sidewalk, striping, delineators and signage commencing north of the nor th propert y line and south of the south property line , respectively, designed and constructed t o the satisfacti on of the Director of Engineering/Public Works.

d) Grind and overlay existing Date Palm Drive a.c. a minimum of 1 -inch as needed to c reate a 2% cr ossfall to mee t new a.c. placed adjacent the new curb and gutter cited in Condition 43.9.A.1).c) above to the satisfaction of the Director of Engineering/Public Works.

e) Coordinate all public an d private roadway improvements and driveway transitions with th e adjacent property owner and coordinate relocation of fire hyd rants, water meters, storm drains and all other appurtenances as req uired to the satisfaction of the Director of Engineering/Public Works.

f) Construct all street, curb and gutter to uniformly connect to existing adjacent improvements north and south of the CUP along Date Palm Drive to the satisfaction of the Director of Engineering/Public Works.

g) Street shall have A -6 or A -8 curbs p er County of Riverside (RC) Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations.

h) Construct a 6-foot wide curb adjacent or meandering off curb concrete sidewalk per RC S tandards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.

i) Construct an ADA pedestrian sidewalk ramp s to conform to Cal Trans A-88-A as approved by the Director of Engineering/Public Works.

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

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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

k) The CUP’s Date Pal m Drive frontage will be designated as “No Parking” with curbs painted red as ap proved by the Dire ctor of Engineering/Public Works.

l) Date Palm Drive improvem ents may be defer red up to two ( 2) years provided the following conditions are met:

1. A written re quest for the deferment of the Date Pa lm D rive widening i mprovements, as outl ined in the se Conditions of Approval, will be required to be submitted to the Director of Engineering/Public Works and an executed acknowledgement received back from the Director of Engineering/Public Works.

2. Only a Temporary Certificate of O ccupancy (TCO) may be issued for the CUP until all Date Palm Drive improv ements, as outlined in these Conditions of Approval, have been completed.

3. All improv ements, as outlined in these Condit ions of Approval, will be completed within two (2) years of the anniversary of the issuance of the TCO.

4. All improvement plans for Date Palm Drive must be completed prior to the CUP’s inspection for a TCO or COO , whichever is requested first.

5. If applicable, all dedications of right of way for Date Palm D rive must be completed prior to the CUP’s inspection for the TCO.

6. The improvements for Date Palm D rive, as outlined in thes e Conditions of Approval, will be secured with a Public Works Completion Agreement and applicable securities ( e.g.
bonds/cash) and be in place prior to the issuance of the TCO.

7. Upon completion of the Date Palm Drive improv ements, as outlined in these con ditions of approval and to the satisfaction of the Director of Enginee ring/Public Works, the Appli cant shall request a re lease of the respec tive Public Works Completion Agreement and respective securities and e xchange of the TCO for a Certificate of Occupancy (COO) if all other Conditions have been met.

2) Gerald Ford Drive – Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:

3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 446
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

a) Gerald Ford Drive is a public roadway and is designated , along the CUP’s Gerald Ford Drive frontage as a Major Highway with a 112-foot ROW (half street right of way is 56 ft.).

b) Street measured centerline to south curb shall be 38 ft.

c) Remove and replace a 5 feet width of the existing roadway a.c. abutting the existing curb along the CUP’s Gerald Ford Drive frontage from the CUP’s west property line ( approximately 150 feet from Date Palm Drive ) to the CUP’s east property line , maintaining the 2% crossfall to mee t the existing curb and gutter to the satisfaction of the Director of Engineering/Public Works.

d) Construct all street, curb and gutter to uniformly connect to existing adjacent improvements west and east of the CUP along Gerald Ford Drive as approved by the Director of Engineering/Public Works.

e) Street shall have Type A-6 or A-8 curbs per County of Riverside (RC ) Standards, which will con vey water without pon ding, and pr ovide lateral containment of dust and residue durin g street sweeping operations.

f) Construct a 6-foot wide curb adjacent or meandering off curb concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.

g) 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 as approved by the Director of Engineering/Public Works.

h) The CUP’s Date Palm D rive frontage will be designated as “No Parking” with curbs p ainted red as ap proved by the Dire ctor of Engineering/Public Works.

i) Gerald Ford Drive improvements, as outline in these Conditions of Approval, will not be deferred and wil l be completed prior to the request for a TCO or COO inspection, whichever is requested first.

4.40 The Applicant shall design street pavement sec tions using C al Trans’s design procedure for 20 -year life pavement, and the site -specific data for soil strength and anticipated traffic loading ( including construction traffic). Mini mum structural sections, with asphalt placed in two lifts, shall be as follows:

Date Palm Drive: 5.5” a.c./8” cement treated base.

3.A.a
Packet Pg. 35
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 447
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

Gerald Ford Drive: 5.5” a.c./6.5” class II base.

4.41 The Applicant has not completed a Traffic Study . A Traffic Report has been completed for a prior use of the CUP’s APNs titled: “Traffic Report – Case No.

18.30 (CPS) PP # 4543 ” for “Proposed Commercial Development N/E C orner of 36th Avenue and Date Palm Drive, Cathedral City, California” dated June 4, 1979.

1) In conjunction with any Special Use Permit (SUP) event request for the CUP that a cknowledges that the parking requirements will exceed the onsite parking capacit y (currently 405 sp aces if no on site parking spaces are eliminated due to the SUP) , an SUP event specific parking analysis will need to be submitted to the Director of Engineering/Public W orks for review and approval prior to a recommendation for the issuance of the SUP. The parking analysis will be complete with graphics and descriptions of onsite and offsite parking, shuttle routes to and from the SUP event complete with ti mes of departures at each end and any other SUP event specific an alysis requested by the Director of Engineering/Public Works.

Note: At the Director of Engineering/Public W ork’s discretion, the parking analysis may be required to be completed by a CA Registered Traffic Engineer.

4.42 The Applicant will coop erate with all adjacent dev elopers and property owners to assure that drainage, access and road way designs are constructed to assure that all adjacent public works infrastructure is constru cted in a uniform manner as approved by the Director of Engineering/Public Works.

4.43 Curve Radii for curbs at all street intersections shall not be less than 35 fee t or matching opposing approved cor ner curve rad ii or as approved by the Director of Engineering/Public Works.

4.44 Right-of-Way ge ometry for prope rty line corner cutbacks at curb returns shal l conform to R C Standard Drawing No. 805 unle ss otherwise approved b y th e Director of Engineering/Public Works.

4.45 Improvements shall be designed and constructed in accordance with City adopted standards, supplem ental drawings and specifications, or as appro ved by the Director of Engineering/Public Works.

4.46 All public and pri vate improvements shall be s ubject to City requirements for inspection during construction.

4.47 The City will cond uct final inspe ctions of struct ures only when the buildings have improved str eet and sidewalk access (including ADA access) to publicly

3.A.a
Packet Pg. 36
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 448
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

maintained streets. The improvement s shall include required traffic control devices, pavement markings and street name signs.

IMPROVEMENT PLANS

As used t hroughout these Cond itions of Appr oval, professional titles such as “engineer,”’ “surveyor,” and “architect ,” refer to persons current ly certified or licensed to practice their respective professions in the State of California.

4.48 Improvement plans shall be prepared by or under the direct su pervision of qualified engineers and/or architects, as appropriate, and s hall comply with a ll requirements of the City of Cathedral City.

4.49 The following improvement plans shall be prep ared and submitted for review b y the Engineering Department. A separat e set of plans for each line item specified below, for eac h phase, shall be prepared. The plans sha ll uti lize the minimum scale specified, unless authorized by the Director of Enginee ring/Public Works.

Plans may be prepared at larger scale if additional detail or plan clarity is desired.

NOTE: The Applicant may be required to prepare other improveme nt pla ns not listed here pursuant to improvements required by other agencies and uti lity purveyors.

NOTE: All Plan s will be prepared by a Civ il Engineer li censed to practice their profession in the State of California.

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

NOTE: A through D to be submitted concurrently.

NOTE: Precise Grading Plan shall normally include perimeter wall with Top of Wall and Top of Footing elevations shown. All footings shall ha ve a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.

E. Not used
F. On Site Storm Drain Plan - if applicable1” = 40’ Horizontal G. Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical H. Street Signing and 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: The stre et improvement plans shall show the sidewalk in the combined parkway and landscape setback area.

3.A.a
Packet Pg. 37
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 449
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

NOTE: Separate Off -Site Storm Drain Plan if required by D irector of Engineering/Public Works.

Other engineered improvement plans prepared for City ap proval that are not listed above shall be prepared in formats approved by the Director of Engineering/Public Works prior to commencing plan preparation.

All Plan and Profile Street Plans and Signing and Striping plans shall show al l existing improvements for a distance of at least 200 -feet beyond the project limits, or a distance sufficient to show any required design transitions.

All Signing and Str iping Plans sh all show, at a minimum; Stop Signs, Limit Lines and Legends, No Parki ng Signs, Raised Pavemen t Marke rs (RPMs) (including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plan s and/or as approved by the Direct or of Engineering/Public Works.

4.50 The Applicant shall furnish accurate Mylars of all improveme nt plan s to the Director of Engineering/Public Works for approval. The improvement pla ns shall be of a scale approved by the Director of Engineering/Public Works.

4.51 The Applicant shall furnish a copy of all approved improvement plan s on an electronic storage media acceptable to the Director of Engineering/Public Works.

4.52 Upon completion of construction and prior to final acceptance of the improvements by the City, th e Applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and sh all be stamped and sig ned by the engineer or surveyor certifyi ng to the accu racy and completeness of the drawings. The Applicant shall have all approved Mylars previously subm itted to the City, revised to reflect 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 EOR can make site visits in support of preparing “As Built”. However , if subsequent approved revisions have been approved by the Director of Enginee ring/Public Works and reflect said “As Built” conditions, the EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal.

IMPROVEMENT SECURITY AGREEMENTS

4.53 A Public Works Completion Agreement is required prior to issuance of an Encroachment Permit o r Building Permit, whichever is issued first . The Public Works Completion Agreement will be entered into by and between the Applicant

3.A.a
Packet Pg. 38
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 450
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

and the City of Cathedral City, for the purpose of guaranteeing th e completion of the public improvements related to this CUP and shall comply with all app licable City Codes and Ordinances.

All required improvement securities shall be in a form and amount as approved by the City Attorney and Director of Engineering/Publ ic Works. Evidences of liability and worker’s compensation insurance coverage shall be s ubmitted as required by the terms of the Public Works Completion Agreement.

4.54 Prior to improvement plans approval the Applicant shall submit for review and City approval, Covenants for the future maintenance and upkeep of (and not limited to) street lights, landscaping improvements, hardscape improvements, PM -10 cleanup mitigation, drainage faci lities, retention basin improvements and permanent site BMP appurtenances. O nce approved by the City, Applicant shall execute and record such Covenants.

4.55 The Applica nt shall submit applicable deposits for the cost of revi ewing the applicable Public Works Completion Agreement(s), Drainage Covenant, Mutual Drainage Easements, Street Light Covenant, PM-10 Cleanup Mitigation Cov enant and/or any other requests or form submittals made by the Applicant related to this CUP.

4.56 Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstru ctions which are not a part of the proposed improvements and shall provide for the setting of the final survey monumentation.

Public i mprovements shall be secured through a Publi c Works Completion Agreement, prior to the issuance of the COO.

Improvements and obligations required shall be complete prior to the issuance of COOs of permanent buildings or as otherwise approved by the Director of Engineering/Public Works.

In the event the applicant fails to construct the improvements fo r the CUP 19-019 or fails to satisfy its obligations for the CUP in a timely manner, the City shall have the right to halt iss uance of permits, and/or final inspections , withhold other approvals related to the development of CUP, or call upon the surety to complete the improvements.

4.57 Depending on the timing of the developm ent of this CUP, and the status of the improvements at the time, the Applicant may be required to:

A. Construct certain improvements.

3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 451
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

B. Construct additional improvements, subject to the reimb ursement of its cost by others.

C. Reimburse others for those improvem ents previously cons tructed that are considered to be an obligation of this CUP.

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 im provements required for this CUP are constructed by the Ci ty, the Applicant shall, prior to the issu ance of any permit or COO related thereto, reimburse the City for the costs of such improvements.

If the Appli cant elects to utilize the secured agreement alternative, the App licant shall submit detailed construction cost estimates for all proposed improv ements for each phase, including a n estimate for the final survey monumentation, for checking and approval by t he Di rector of E ngineering/Public Works. Suc h estimates shall conform to the unit costs schedule as approved by the Director of Engineering/Public Works.

Estimates for improveme nts under the jurisdiction of other agencies shall be approved by those agenc ies and submitted to the City along with the Applicant’s detailed cost estimates.

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

4.58 The Applicant shall provide security to guarantee the final mo numentation of this CUP. Al l securitie s for final survey monumentat ion will be in the f orm of 100% cash deposits.

GRADING

4.59 The Applicant shall comply with all the p rovisions of Cathedral City Munici pal Codes and Ordinances.

4.60 The Applicant shall obtain a Grading Permit approv ed by the Direct or of Engineering/Public Works prior to initiating any construction or on the CUP site.

4.61 To obtain an approved Grading Permit, t he Applicant shall submit and obta in approval of all of the following:

A. A Grading Plan p repared by a civil engi neer registered in the State of California,

3.A.a
Packet Pg. 40
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 452
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

B. A preliminary geotec hnical (“Soi ls”) Report prepared by a professional registered in the State of California,

C. A Fugitive Dust Control Plan prepared in accordance with City of Cathedral City requirements,

D. An Er osion Control Pl an prepared in accordance wit h City of Cathedral City requirements,

E. A Best Management Practices report prepared in accordance w ith Cathedral City requirements (N PDES Stormwater Discharge Permit and Storm Management and Discharge Controls),

F. As applicable, A WQMP prep ared by an aut horized professional registered in the State of California, and

G. If applicable, a Conditional Letter of Map Revision – Fill (CLOMR-F) issued by the Federal Emergency Management Agency (FEMA). If the Appl icant is not securing a CLOMR the Appli cant must veri fy that the entire P roject limits are outside a FEMA design ated Flood Hazard Area and/or Area of Flo od Hazard Risk as designated by th e latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.

4.62 If applicable, all grading shall co nform with the recommendations contained in the Preliminary Soils Report, Phase 1 Environmental Assessment report and shall be certified as being adequate by the soils engineer, or en gineering geo logist registered it the State of California.

4.63 A statement s hall appear on the Grading Plan that a soils report has been prepared in accorda nce with the California Health and Safety Code § 17953 and California Government Code § 66490.

4.64 The App licant s hall furnish security, in a for m acceptable t o the City, and in a n amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted w ith its application for a Grading Permit.

Additionally, the Applican t shall replenish said security if expe nded by the Ci ty of Cathedral City to comply w ith the Fugitive Dust Contr ol Plan as required by the Director of Engineering/Public Works.

4.65 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All ope n graded, undevelope d 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.

3.A.a
Packet Pg. 41
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 453
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

4.66 Grading within th e parkwa y are as shall conform to Cathed ral City requi rements except as ot herwise modi fied by this condition. The maximum slope shall not exceed 3:1 anyw here in the landscape setback area , except for the back slope (i.e. the slope at the back of the landsc aped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exce ed 4:1 when the nearest edge of si dewalk is within six feet (6’) of the curb, otherwise the maximum slo pe withi n the right of way shall not exceed 3:1. All unpaved parkway are as adjacent to the curb shall be dep ressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.

4.67 Building pad elevations on the Grading or Precise Gradi ng Plan submitted for Director of Engineering/Public Works’ approval shall conform to the pad elevations shown on the improvement plans, unless the pad e levations have other requirements imposed elsewhere in the Conditions of Approval.

4.68 Building pad eleva tions of perimeter lots shall not diffe r by more than one foot higher fro m the buildi ng pads in adjacent deve lopments. The Applicant shall minimize the differences in elevation between t he adjoining properties and this Project.

4.69 Prior to any site grading or re-grading that will raise any portion of the site by more than plus o r minus half of a foot (0.5’) from t he elevation shown on the approved Grading P lans, the Applicant shall submit t he proposed grading changes to the Director of Engineering/Public Works for a substantial conformance review.

4.70 Prior to th e issuance of a Building Permit for any building, the Ap plicant shall provide a parcel Pad Certification stamped and signed by a quali fied engineer or surveyor with applicable compaction tests and over e xcavation doc umentation.

Each pad cert ification shal l list the pad eleva tion as show n on the approved Grading Plan, the actual pad elevation and the dif ference between the two, if any.

Such Pad Certification shall also list the relative compaction of the pad soil. T he data shall be organized by parcel num ber and listed cumul atively if s ubmitted at different times.

4.71 This Project shall comply with the Cat hedral City Floodplain Management Ordinance. If any portion of any proposed building parcel in the CUP is or may be located within a Flood Ha zard Area as i dentified on the Cit y’s Flood In surance Rate Maps (FIRM Maps), the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100 -year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 645.5(a) (6). Prior t o issuance of building permits for parcels which are so located, the Applicant shall furnish Elevation Certifications, as required by FEMA, th at the above c onditions have been met.

3.A.a
Packet Pg. 42
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 454
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021

4.72 If app licable, prior to the is suance of the Building Permit for any buildi ng, the Applicant shall provide to the Director of Engineering/Public Works a Letter of Map Revision (LOMR) issued by FEMA.

DRAINAGE

4.73 Stormwater handling shall confo rm to the approved Hy drology and Dra inage Report for the CUP. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.

4.74 Incremental increase s in s tormwater and n uisance wat er (drain age) shall be retained on site and shall be d isposed of in an approved manner. Nuisa nce water shall be disposed o f via on -site storm drains, new and existing catch basins, underground percola tion piping c hambers, dry wells and ret ention basin(s) as approved by the Director of Engineering/Public Works.

4.75 All drainage water shall be conveyed underground, to the satisfac tion of the Director of Engineering/Public Works.

4.76 Storm water drainage histor ically receiv ed from adjoining properti es sh all be received and retained and/or passed though into the historic downstream drainage relief route.

4.77 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Storm water Discharge Permit; Riverside Count y Ordinance No. 457; the Californian Regional Water Quality Cont rol Board – Colorado River Basin (CRWQCB -CRB) Regional Board Order No. R7 -2013-0011 and the State Water Resources Control Board’s Order No. 2009 -009-DWQ, Order No. 20 10- 0014-DWQ and Order No. 2012-0006-DWQ.

A. For post -construction, urb an runoff from New Dev elopment and Redevelopment Projects, the Applicant shall implement requirem ents of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance o f BMP s per the approved W ater Quality Management Plan (WQMP) for the project as require by the California Regional Water Quality Control Bo ard – Colorado River Basin (CWQRCB - CRB) Region Board Order No. R7-2013-0011.

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

UTILITIES

3.A.a
Packet Pg. 43
Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)

6.B.b
Packet Pg. 455
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) Conditional Use Permit No. 19-019
Planning Commission Conditions of Approval
August 4, 2021