4.78 The Applicant shall obtain the approval of the Director of Engi neering/Public Works for the location o f all utility lines withi n any right -of-way, and all above - ground utility structures including, but not limite d to, traffic signal cabinets , electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical, ADA and aesthetic purposes.
4.79 Any existing overhead utility lines and overhead under -burden within, or adjacent to the proposed development, and all proposed utilities shall be installed underground per the utility purveyor standards and a s approved by the Director of Engineering/Public Works.
4.80 Underground utiliti es shall be installed prior to overlaying hardscape. For installation of utilities in existing i mproved streets, the Applicant shall com ply with trench restoration requirements r equired b y the Director of Engineering/P ublic Works.
4.81 The Applicant shall pro vide certified reports of all utility trench compaction for approval by the Director of Engineering/Public Works.
4.82 All facilities within the CUP shall be served with a gravity san itary sewer system, a domestic water system and a fire protection system in accordance with CVWD and City of Cathedral City Fire Department requi rements and standards. Appli cant shall pay to the City and CVWD all applicable sewer and water service charges , capacity charges and construction reim bursements to ensu re all services are complete, in place and operational prior to the respective COO being issued.
4.83 The Applicant sh all abandon or relocate existing easemen ts over CUP prior to issuance of the COO a s required by the agency and/or individu al favored and as approved by the Dir ector of Engineering/Public Works. Additionally, the Applicant shall relocate existing utility f acilities that are required by all utili ty purveyors prior to issuance of the COO or as app roved 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 c onditions shall not be construed to permit or allow de viation from any Federal or State laws n or any of the l ocal codes and ordinances adopted by this jurisdiction. P lease contact the City of Cathedral City Fire Department for any questions regarding comp liance with the applicable codes or following conditions:
Note: Compliance with all codes, st andards, laws, ordinances, and references in place at the time of the sub mittal, including but not limited to the National Fire Protection
3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)
6.B.b
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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
Association (NFPA), Underwriters Laboratories (UL), etc.
5.01 The Final Conditions of Approval for this project shall be included in any site plan or construction plans submitted for permit issu ance. 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, Cha pter 57 and NFPA 30 (2018), Flammable and Combustible 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 suppression 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 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 in accordance with CFC, Section 906 and CCR, Title 19, Chapter 3. The type and spacing shall be approved by the Cathedral City Fire Department prior to installation.
5.09 Emergency lighting and Exit signs are required above all doorways leading to the exterior and in all hallways dire cting 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 readily openable from the inside without the of key or special knowledge.
5.11 Required exit access, exits and exit discharge s shall be continuously maintained and free from obstructions.
3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)
6.B.b
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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
5.12 No surface latches or security bars are permitted on Exit Doors (except as approved by the Fire Department in coord ination with the Police Department facility security plan.)
5.13 No change in use or occupancy shall be made to any existing building or structure unless the means of egress system is made to comply with the requirements 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 wide 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 California Vehicle Code Section 22500.1.
5.16 Fire access roads shall not be obstructed in any manner, includin g the parking of vehicles. Traffic calming devices shall be prohibited u nless approved by the Fire Code Official.
5.17 An operational permit is required to conduct an operation utili zing f lammable or combustible liquids or the application of combustible powders.
5.18 All drapes, hangings, curtains and other decorativ e material, includin g Christmas trees that would tend to increase the fire and panic hazard shall be made from a nonflammable material or shall be treated and maintained in a flame 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 (backli t or surface) shall be provided on all exist ing buildings in accordance with the CFC, Section 505.
5.20 Install Knox key boxes and/or Knox locks for Fire Department access in accordance with CFC Section 506.
SECTION 6 BUILDING DEPARTMENT
6.01 Project shall comply with the adopted California Building St andards Code (Title 24, California Code of Regulations) and other City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
3.A.a
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Attachment: Attachment 1 - Conditions of Approval (2785 : CUP 19-019)
6.B.b
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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
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. installed an d/or used in connection with a construction project shall comply with the City of Cathedral City requirements.
6.03 The requirements of the Depart ment of Environmental Health Services and t he Air Quality Management District shall be satisfied prior to issuance of any permit if hazardous materials are stored and/or used.
6.04 The applicant shall i ndicate on plans the path of travel for the disabled from the building to the pu blic bus stop. The disabled parking stalls will be located on the shortest route to the building entrance.
6.05 If hazardous substances are used and/or stored, a technical opinion and report identifying and developing methods of protectio n from the hazards presented by the hazardous materials may be required. This report shall be prepared by a qualified person, firm, or corpor ation and submitted to the Building and Safety Department. This report shall a lso explain the proposed facility’s i ntended methods of ope ration and lis t all o f the proposed materials, their 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 prepare d by a California registered architect per the California Business & Professional Code.
Approved for Planning E ntitlements by the Cathedral City Planning Commission on August 4, 2021.
Attest:
________________________ _____________________
Brenda Ramirez Applicant
Associate Planner
3.A.a
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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)
PROPOSED SITE PLAN
99 5'-0"
(E)
99 99
(E)26'-9"
26'-9"18'-0"8'-0"31'-4"
(E)
( 80,000 SF)BUILDING
99 99
99 99
APPROX. 7,860 SFGARDEN AREA21' -5 1/2
33'-6"(E)
27'-538"
30 30
30 30ADA 2010 STANDARDS30
99 99
PASSENGER DROP-OFF AND LOADING ZONE29
99 99
29 28
99 99
EXISTING SIDEWALK28
99 10
2726
99 27BASKETBALL COURTS. SEE SHEET A.21.1 FOR DETAILS.
99 26
99 99
PARKING SPACES. SEE SHEET A.21 FOR DETAILS
99 25PAVERS (N) MANFU: ORCO-PACIFIC COBBLE. COLOR: ORCOTTA 25 LEGENDOVERSIZED VEHICLE SPACE
VEHICLE PATH OF TRAVEL
MISTER PUMP ROOM (N)
24 CANNABIS NO SMOKE ZONE
23CONCRETE SIDEWALK
HANDICAP PATH OF TRAVELFENCE (N) SEE SHT. A.5 FOR DETAILS PARKING BLOCK 6'-0"L x 5-1/2"W x 3-1/2"H
22 SERVICE DOOR TO BUILDING (N)DOOR FOR DIRECT BATHROOM ACCESS (N)DOOR TO BUILDING (N)EMERGENCY EXIT DOOR (N) 21201918
EV CHARGER (N), MANFU: CHARGEPOINT CT4021-GW1
17 RECESSED LOADING BAY TO REMAINCOMMERCIAL 95 MESH SAIL SHADE COLOR GUN METAL (N) 1615
14 CONCRETE DRIVEWAY (E)
14 TRASH ENCLOSURE (N)
13 MAILBOX (N)
12 BUS STOP (E)
11 10
10 10
101010
10 EXTERIOR LIGHT, (N) MANFU: ORE, MODEL: LLD T3150BLOCK WALL, 6'-0" H. (E)PLANTER WALL 2'-0" H. (E) 98 8'-0" H BLOCK WALL, (N)
7 6
SIGN MONUMENT(E)
6 ELECTRIC TRANSFORMER BELOW-GROUND (E)
5 GAS METER (E)
4 3
33 FIRE HYDRANT (E)
32 2
ELECTRIC TRANSFORMER ABOVE-GROUND (E)
2 1 1
1 1
1 1
11 99
99 99
24 99
23 99
22 99
21 99
20 99
19 99
18 99
17 99
16 99
15 99
14 99
13 99
12 99
11 99
10 99
9 99
8 99
7 99
6 99
5 99
4 99
3 99
2 99
LIGHT POLE, LED LAMPS,18'H (E)1
99 1
JARDIN DE LEON APARTMENTSFIRE DEPT.ACCESS (E)
35780 DATE PALMCASA BLANCA
U. S. BANKC DATE PALM DRIVE
C GERALD FORD DRIVE
EXISTING PAVERSEXISTING LANDSCAPENEW LANDSCAPE
L
L
NEW PAVERS
1 1
1 1
1 1
1 1
1 1
1 1
A.4
PROPOSED SITE PLAN
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442 ENGR PLN CHK04/29/21
3.A.b
Packet Pg. 48
Attachment: Attachment 2 - Site Plan (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) 3214A.19
(E)
(E)
59'-31316"41'-0"
28'-8"2'-0"
2'-0"
10'-6516"
8'-10"TYPTYP
R3'-0"45'-8316" 33'-11"
3'-0"36'-10116" 6'-0"2'-4"3'-0"4'-8"
4'-0"9'-2"29'-3"8'-0"29'-10 3/4"11'-2"
3'-0"18'-2916"5'-0716"3'-0"8'-0"3'-0"5'-0"21'-21116"3'-0"3'-0"R2'-0"Ø8'-0" 3'-0"76'-7"3'-0"10'-8"83'-3"6'-0"5'-9"
4'-0"10'-0"15'-6"12'-6"3'-0"25'-6"5'-4"2'-6"3'-334"30'-8316"3'-0" 9'-6"14'-734"47'-214"89'-5 3/4"32'-012"26'-034" 6'-10"2'-412"4'-512"2'-0"21'-10 1/2" 20'-7"31'-1112" 39'-112"
7'-0"3'-0"6"10'-6"8"43'-6"54'-8"
105'-8"A.222 PROPOSED FLOOR PLAN
STAGING AREA ASSEMBLY AREA1
1 A.7
PROPOSED FLOORPLAN
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442 04/29/21
3.A.c
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Attachment: Attachment 3 - Floor Plan (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)
PROPOSED ROOF PLAN
AOPEN MISTER ROOF PLAN3/8" = 1'-0"ROOF FRAMING PLAN3/8" = 1'-0"SECTION A-A3/8" = 1'-0" A.10
PROPOSED ROOF PLAN
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
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Packet Pg. 50
Attachment: Attachment 4 - Roof Plan (2785 : CUP 19-019)
6.B.b
Packet Pg. 462
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
PROPOSED WEST ELEVATION
35900
35900
EXISTING WEST ELEVATION
A.15
WEST ELEVATION
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
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Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
EXISTING EAST ELEVATION
PROPOSED EAST ELEVATIONA.16
EAST ELEVATION
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
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Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
EXISTING NORTH ELEVATION
PROPOSED NORTH ELEVATIONA.17
NORTH ELEVATION
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442 04/29/21
3.A.e
Packet Pg. 53
Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
EXISTING SOUTH ELEVATION
PROPOSED SOUTH ELEVATIONA.18
SOUTH ELEVATION
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442 04/29/21
3.A.e
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Attachment: Attachment 5 - Elevations (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) A.19
PROPOSED GARDENELEVATIONS
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
3.A.e
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Attachment: Attachment 5 - Elevations (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
PROPOSED LANDSCAPE PLAN
A.20
PROPOSEDLANDSCAPE PLAN
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN23 FEB 21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
3.A.f
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Attachment: Attachment 6 - Landscape Plan (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)
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 Cathedra l City Civic Center, P lanning 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 obs erve
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 environment al
determination.
If you challenge any of these items in co urt, 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}
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Attachment: Attachment 7 - Public Hearing Notice (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) 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: Attachment 2 - Staff Report Packet from 8-4-2021 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.
3.A.h
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Attachment: Attachment 8 - Applicant Response Letter (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) 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 Conversion of Small Structures).
APPROVE Conditional Use Permit No. 19 -019 subject 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. 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 the PCC (Planned Community Commercial) Zoning District; has been determined to be similar to those
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Attachment: Attachment 8 - Applicant Response Letter (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)
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uses permitted per the City of Cathedral City Zoning Ordinance, Chapters 9.30 and
9.72;
• 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 Municipal Code (CCMC) 9.30.020 as a permitted use;
• 9.30.020 Permitted uses.
Any permitted use listed in the PLC district;
Such other similar uses as are approved by the planning commission.
• 9.28.020 Permitted uses.
The following uses shall be permitted in the PLC district:
C. Services: Community Center;
• The proposed event center is similar to permitted use (not conditional use) per
9.30.020 Permitted uses and permitted use for PLC per 9.28.020 Permitted uses.
• We are unable to find a definition for “ community center” in the CCMC ; however, Cathedral City, when describing their Community Amphitheater:
. . . to create a new and interactive outdoor amphitheater space for cultural, entertainment and recreation events and activities. (Cathedral City Community Amphitheater)
https://www.cathedralcity.gov/residents/community-projects/cathedral- city-heritage-commons-amphitheater
• Definition of community center according to U.S. Code Title 42 CHAPTER 105 SUBCHAPTER IV § 9877:
The term “community center” means facilities operated by nonprofit 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 “ event 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 considering 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 reasoning 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 and specifically whether an event center/community gathering center is substantially identic al 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 unsuccessful. 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 proc edure with the relevant section entitled the applicant to a determination by the Planning Commission:
• 9.06.040 Planning commission review.
If the applicant so desires a staff determination may be appealed 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 ten calendar days after the date of decision unless appealed to the city council, by written appeal filed with the city clerk, whose decision 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 community in that it provides a needed service for local residents and businesses, 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 the 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 existing 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 generated or to be generated by the facility;
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 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 -site impacts/benefits as the "Community Center use" listed in the Cathedral City Municipal Code (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 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) 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 include 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: Attachment 2 - Staff Report Packet from 8-4-2021 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, l ess than one week before the Cathedral City Planning Commission hearing addressing the subject application scheduled for May 19, 2021, the applicant was presented with Staff Report Cathedral City Planning Commission 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 course of four exchanges where the applica nt 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 the former Casa Blanca Restaurant site – both properties not owned or controlled by applicant, including but not limited to right -of-way dedications, installation and continuation of maintenance of public right-of-way street lighting, installation of a public transit bus turnout along U.S.
Bank’s and applicant’s frontage, relocation of the existing underground Coachella Water District utility easements, removal and replacement of sidewalks and parking strips, installation of an active transportation lane, and including various on- site improvements including but not limited to, requiring a 2” asphalt cap on 167,000 SF of the Parcel 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 footprint 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 reconstruct any structural part (other than access to the proposed garden/patio area on Parcel 4) of the existing building, is not requesting any changes in the HVAC, fire sprinkler system, or plumbing (other than landscape irrigation changes necessitated by installing approximately 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 upgrades required if the requested land- use is approved for the lighting requirements for installing the garden/patio and associated lighting on Parcel 4. The surrounding uses include commercial uses to the north and west, multiple family residential to the east, and the Palm Springs Oasis RV Resort and a vacant lot to the south.
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 by 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
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 Assembly (A3).
B. Remove and replace non-structural architectural details (remove 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 Drive and Date Palm Drive, are proposed to receive updates of their non-structural architectural details and install a modern display sign within the existing 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 garden/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:
• Social/life–cycle events. Events like a birthday party, hen/stag party, graduation day, bachelor’s party, engagement, wedding, anniversary, retirement day, funeral, religious ceremonies ( Bar Mitzvah, Bat Mitzvah, Confirmation), Reunions, Galas, Festivals, etc.
• Education and career events. Events like education fair, job fair, workshop,
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Attachment: Attachment 8 - Applicant Response Letter (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)
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seminar, debate, contest, competition, etc.
• Entertainment events. Events like music concerts, fairs, festivals, fashion shows, award functions, celebrity nights, beauty pageants, jewelry shows, stage shows, sports, etc.
• Political events. Events like a political procession, political rally, governmental functions, etc.
• Athletic and participant activities. Events and activities like boxing matches, athletic training, roller skating, rollerblading, skateboarding, video gaming, drone racing, etc.
• 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.
• Religious events. Events like religious festivals/fairs, etc.
• Fundraising/ cause-related events. Any event can be turned into a fundraising or cause-related Event, e.g., auctions, Society balls.
• Community Center. Members of the community may gather for group activities, social support, public information, and other purposes. It may be available for the whole community or a specialized group within the greater community.
• Swamp Meet/ Flea Market. A gathering at which enthusiasts or collectors trade or exchange common interest items or vendors can sell previously-owned merchandise.
• Temporary Cannabis events. Cannabis sales or consumption, or both 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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Within the Zoning Ordinance, each Zoning District lists specific uses that are permitted or conditionally permitted within the District. However, not every potential use, variant of a listed use or uses that may occur in the future can be anticipated. Therefore, the Planning Commission may approve other similar uses to those permitted in the 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, co mmunity centers, game arcades, fast-food restaurants, grocery stores, big box retail stores and private clubs and lodges, which share operational characteristics with the proposed use. As such, staff took into consideration the proposed and surrounding uses, the characteristics of the site, and the location of the project site, a nd determined that the event center is similar to those uses permitted in the PCC Zoning District, subject to the approval of a Conditional Use Permit by the Planning Commission.
Site Plan
The project site is located at the northeast corner of Date Palm 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 (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 have doors so that the area can be secured when not in use for events.
Other onsite improvements include the addition of 48 parking spaces 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. • 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 skating, 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 C ity. 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 throughout the site and maintain the depressed loading dock located along the eastern side of the existing building for loading and unloading. 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 columns with a dark gray (gauntlet gray) paint to c ontrast 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 frames and windows will be squared off to compliment the new modern design proposed for the 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 planters 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 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.
ENVIRONMENTAL REVIEW:
Staff has determined that the project meets all of the conditions for a Categorical Exemption under Section No. 15303 (Class No. 3, New Construction or Conversion of Small Structures) of the State CEQA Guidelines.
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
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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: Attachment 2 - Staff Report Packet from 8-4-2021 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 agrees to implement all Conditions of Approval.
1.02 A copy of all pages of these conditions shall be pri nted 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 approved by the Planning, Engineering and Building Departments prior to issuance of building permits. The development of the property shall conform substantially 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 set 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 deletion of the requested plan modification.
1.04 This approval shall be valid for two years from date of approval 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 Conditions of Approval have been satisfied including but not limited to the following: all the on- site drives, paving, parking areas and other improvements required for access and parking for the building are completed
• 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 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (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)
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discussed hereinbelow:
13.20.010 General definitions.
“Building permit” means the permit granted by a ministerial process which permits the construction or modification of a building or structure in accordance with the municipal code and applicable statutes, codes, rules and regulations.
“Conditional use permit ” means the permit granted by a ministerial 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 being processed where some level of discretionary action by a decision-making body is required.
Q. “Site development plan/permit” means a plan of development subject to hearing before the planning commission, such as desi gn review, conditional use permit, planned use development, and specific plan.
3.40.020 Definitions.
“Development” means any activity which requires discretionary or ministerial action by the C ity resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the C ity 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 the public at large, require that bus turnouts be constructed in conjunction with all new development 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.
While chapter 3.40.020 does not directly affect this approval 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 process and not a discretionary one (13.20.010), it does not meet the definition of a “ new development.” It must therefore be a “ site development” as defined by the CCMC. Consequently, imposing the General Plan goals as conditions of approval is an inappropriate 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, what 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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reconstruct a perfectly functional parking lot and drive isles? T he applicant’s position that no changes to the existing drives, paving 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 hearing, 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 presentation. 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 analysis 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 Director of Engineering explained in the Planning Commission hearing was misleading in that it would also require replacing all curbs. Consequently, replacing planter 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, codes, regulations, policies and development design controls pursuant to the Cathedral 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 not limited to, site improvements: parking and walking surfaces, private drainage control facilities, fences/walls, signs, and lights; building and accessory structure improvements; 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 City of Cathedral City (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit 19- 019 (CUP) and the corresponding 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 Applicant shall pay all applicable City of Cathedral 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 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 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 Deleted
3.03 If during the course of grading or construction, artifacts or other cultural resources are discovered, all grading on the site shall be halted and the Applicant shall immediately notify the Director of Planning/Building. A qualified archaeologist shall be called to the site by, and at the cost of, the Applicant to identify the resource and recommend mitigation if the resource is culturally significant. The archeologist will be required to provide copies of any studies or reports to the Eastern Information Center for the State of California located at the University of California Riverside and the Agua Caliente Tribal Historic Preservation Office (THPO) for permanent 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 si gned 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 each 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 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 spec ies 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 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (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)
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g. A detail showing planter design adjacent to walkways and driveways that is designed to prevent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two-inch vertical separation between the pavement and the soil.
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 decorative surface materials 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 trees 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. 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 sur rounded 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 within 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 project planner prior to being planted. It is the responsibility of the contractor and/or Applicant to make an appointment with the project planner 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 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 landscaping shall be continuously maintained. Trees, shrubs, ground covers, et cetera, shall be watered and permanently maintained. All dead 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 required to regulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at l east 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 sidewalks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches 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 t he 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 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, backflow preventers, and fire equipment), either roof or ground mounted, shall be architecturally screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall architecturally match the building. If, after construction, but prior to the approval of a final inspection, it is determined by the Director of Planning/Building that newly installed equipment can 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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building.
3.14 All breaker boxes, fire sprinkler 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 visible and legible from the street or road fronting the property. Property numbers shall be 12 inches in height, internally illuminated and designed to illuminate automatically during periods of darkness.
3.16 A master sign program application shall be required for any proposed changeable copy or reader board sign in accordance with the procedures 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 City 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 permitted 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 planning commission are subject to all aspects of the design review process, including, but not li mited to, review of architecture, building color, signage, landscaping, fencing, and parking.
Fencing on a project is one of the aspects of design 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 standard of this title may be authorized by the planning commission when the following 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 apply to other properties in the same zone or vicinity;
C. That the strict application of this title deprives such property 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 special 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 significan tly 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 n o exceptional or extraordinary circumstances present at the site . T he simple non- variance question is whether the Staff will recognize that 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 c urrently 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 elements 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 meet 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 accordance 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 drainpipes 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.
3.A.h
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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)
6.B.b
Packet Pg. 490
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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 standards 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 color 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 an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager.
3.31 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved 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 Planning Department prior to the issuance of building permits.
3.34 A Final Fence and Landscape Plans shall be submitted to and approved 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 the procedures established in Chapter 9.68 of the CCMC
3.36 Any event that uses the outdoor patio enclosure shall comply with 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 outdoor amenity or component except as stated in 3.37 above shall require the approval of a Special Use Permit in accordance with the procedures established in Chapter 9.68 of the CCMC.
3.38 Any event or activity that requires additional parking beyond what 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 procedures established in Chapter 9.68 of the CCMC.
3.39 Any event or activity that involves cannabis, or a temporary cannabis 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 serves or sells alcoholic beverages shall obtain the proper permits from the Alcoholic Beverage Control office. A copy of said permit shall be provided to the City upon request.
3.A.h
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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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) shall 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 claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit No. 19- 019 (CUP) and corresponding Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, 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).
4.03 This CUP and Plans shall comply with the requirements and standards of Government Code §§ 66410 (“the Subdivision Map Act”), and Cathedral 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 pri or to any Engineering Permit issuance for the CUP or as specifically modified by item as linked to a Certificate of Occupancy (COO) issuance and/or time limit from the date of issuance of the 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)
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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)
6.B.b
Packet Pg. 492
Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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 Valley (SCAQMD).
The Applicant is responsible for all the requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the Applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
4.07 If applicable, the Applicant shall be responsible for completing all CUP approved Phase I Study recommendations, all City and Riverside County requirements and Riverside County Department of Environmental Health requirements. Proof of compliance shall be submitted to the Cit y before issuance of Building Permits for the CUP.
4.08 As applicable, coverage under the State of California Construction 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 up to Project acceptance the Applicant shall comply with applicable provisions of the City’s NPDES Stormwater Discharge Permit and Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Regional Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2009- 009-DWQ, Order No. 2010- 0014-DWQ and Order No. 2012-0006-DWQ.
A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Applicant (“Permitee”) shall be required to submit a Storm Water Poll ution Protection Plan (“SWPPP”) to the State Water Resources Control Board (“SWRCB”).
B. The Applicant or design professional can obtain the California 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, the 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 Water Resources Control Board approved SWPPP to the Director of Engineering/Public 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)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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 available for inspection at the project site at all times through and including acceptance of all improvements by the City.
F. The Applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”), but not limited to:
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) 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 according to the CASQA Construction BMP Online Handbook (December 2019).
H. The SWPPP and BMPs shall remain in effect for the entire duration 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, trash, rubbish and deleterious 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, landscaped areas and all other interior areas. The Applicant shall include these responsibilities into the daily maintenance of the site for perpetuity and be included in a Maintenance Covenant recorded on all parcels within the CUP, pursuant to the CCMC 14.12
Approval of this CUP and Plans shall not be construed as approval 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 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)
6.B.b
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 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 construction 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 shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed CUP not limited to access r ights over proposed and/or existing private streets that access public streets and open space/drainage facilities of all phases of the development. Specifically:
i. The Applicant will record the Maintenance Covenant described 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 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) of the CUP and adjacent parcels (APNs: 673-250-004 and 673-250-025) subject to the CCMC and the Building Code.
iii. The Applicant will record the Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Covenant (as part of the WQMP) described in Condition 4.34 on Parcel APN 673-250-029 of the CUP.
4.16 The Applicant shall retain for private use in this CUP all private 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 drive aisles for Parcel 4 only 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). Minimum structural sections, with asphalt placed in two lifts, shall be as follows:
Attachment: Attachment 1 - Conditions of Approval (2698 : CUP 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 building 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 l ot 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 wells and/or retention basin(s) subject to the CCMC and the Building code.
i. One “low spot” specifically identified for correction is approximately 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- year life pavement, and the site-specific data for soils strength and anticipated traffic loading (including construction traffic). Minimum structural sections, 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 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 planter and border curbs would then have to be removed and repoured to 6”;
2) The existing parking lot has areas of pavers within 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 parking lot layout, a transition between the properties would be unmanageable , resulting in the necessity of the “cap” being continued to properties not owned nor controlled by the applicant.
Under what specific authority can the city compel the applicant to remove and replace a fully functional and maintained existing private parking 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 Chapter 4 Section 37
b. Apply striping, le gends and signage over the entire 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 wells 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-inches 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 lot 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 19-019)
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 drains, new and existing catch basins, underground percolation piping chambers, dry wells and/or retention basin(s) pursuant to the CCMC and the Building Code.
iv. All parking lot lighting and required conversions to LED shall comply with the lighting, photometric, Building Plans and Engineering Site Plans. pursuant to the CCMC and the Building Code
As submitted on Staff Report: 4.20 thru 4.44, and 4.53 thru 4.58 ( On-site and Off-site improvements).
The proposed construction changes to Parcel 1 for the exterior are modifying the 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 change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof. (1) Alterations include, but are not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they 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 improvement s. 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 ADA 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. T herefore, 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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and general welfare of the residents of this C ity, and the public at large, require that bus turnouts be constructed in conjunction with all new development on arterial and major highways in order to implement the goals and objectives of the circulation element of the C ity of Cathedral City ’s general plan. Steps must also be taken to mitigate the traffic impacts caused by new development and in order to provide mass transport ation. Certain transit facilities must be acquired and/or constructed to assist in mass transportation, to wit: bus 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 General 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 maintain 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 usability of all or part of a building or facility. Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect. Maintenance activiti es on streets, roads, 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 property 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 burden 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 excludes 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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depth of 12’ in addition to a 6’ wide sidewalk would require almost half of the property ’s frontage on Date Palm Dr. (385 ’). (See Sheet A.0 attached). In addition, t he 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 legally 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 existing 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 private roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs , all to be shown on the Plans and subject to the CCMC and the building Code.
4.20 The Applicant will design and install on site stormwater drainage facilities (Parcel 4 only):
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 facilities, per Cathedral City Municipal Code and WQMP requirements and other conditions specified herein.
4.21 The Applicant shall cause no easement to be granted, or recorded, 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 Report – 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 request for the CUP that acknowledges that the parking requirements will exceed the onsite parking capacity (currently 405 spaces 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 Works for review 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 times of departures 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 c ity would 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 property owners to assure that drainage, access and roadway designs are constructed to assure that all adjacent public works infrastructure is constructed in a uniform manner .
4.24 Improvements shall be designed and constructed in accordance with 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 titles such as “engineer,”’ “surveyor,” and “architect,” refer to persons currently 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 supervision of qualified engineers and/or architects, as appropriate, and shall 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 line item specified below, for each phase, shall be prepared. The plans shall utilize the minimum scale specified, unless authorized by the Director of Engineering/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 improvement 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. 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 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’ Vertical
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 the combined parkway and landscape setback area.
NOTE: Separate Off-Site Storm Drain Plan if required by Director of Engineering/Public Works.
Other engineered improvement plans prepared for City approval 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 Str iping plans shall show all 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 Striping Plans shall show, at a minimum; Stop Signs, 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 improvement 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 improvement 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 of the improvements by the City, the 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 shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The Applicant shall have all approved Mylars previously submitted 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 Engineering/Public Works and reflect said “As Built” co nditions, 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 upkeep of (and not limited to), landscaping improvements, hardscape improvements, PM-10 cleanup mitigation, drainage facilities, retention basin improvements and
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Attachment: Attachment 8 - Applicant Response Letter (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)
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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 manner, 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 surety 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 CCMC 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 submit and obtain approval of all of the following:
A. A Grading Plan prepared by a civil engineer registered in the State of California,
B. A preliminary geotechnical (“Soils”) 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, An Erosion Control Plan prepared in accordance with City of Cathedral City requirements,
D. A Best Management Practices report prepared in accordance with 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 Letter of Map Revision – Fill (CLOMR-F) issued by the Federal Emergency Management Agency (FEMA). If the Applicant is not securing a CLOMR the Applicant must verify that the entire Project limits are outside a FEMA designated Flood Hazard Area and/or Area of Flood 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 recommendations contained in the Preliminary Soils Report, Phase 1 Environmental Assessment 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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4.36 A statement shall appear on the Grading Plan that a soils report has been prepared in accordance with the California Health and Safety Code § 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 security 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 in order to prevent wind and/or water erosion of such land. All open graded, undeveloped 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.
4.39 Grading within the parkway areas shall conform to Cathedral City requirements except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the 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 slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-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 plans, unless the pad elevations have other requirements imposed elsewhere in the Conditions of Approval.
4.41 Prior to any site grading or re- grading that will raise any portion of the site by more than plus or minus half of a foot (0.5’) from the 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.
This Project shall comply with the Cathedral City Floodplain Management Ordinance. If any portion of any proposed building parcel in the 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 (drainage) 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019)
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water shall be disposed of via on- site storm drains, new and existing 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 properties shall be received and retained and/or passed though into the historic downstream drainage relief route.
4.46 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Stormwater Discharge Permit; Riverside County Ordinance No. 457; the Californian Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Regional Board Order No. R7- 2013- 0011 and the State Water Resources Control Board’s Order No. 2009- 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 requirements of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as require by the California Regional Water Quality Control Board – Colorado River Basin (CWQRCB- CRB) Region Board Order No. R7-2013-0011.
B. The Applicant shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7- 2013-0011 utilizing BMPS approved by the Director of Engineering/Public Works.
UTILITIES
4.47 All facilities within the CUP shall be served with a gravity sanitary sewer system, a domestic water system and a fire protection system in accordance with CVWD and City of Cathedral City Fire Department requirements and standards. Applicant shall pay to the City and CVWD all applicable 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 individual favored.
Additionally, the Applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the COO.
SECTION 5 FIRE PROTECTION
This project has been reviewed as “Group A -3” type occupancy any other use will require further review.
Unless specifically stated herein, t hese 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: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (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 included 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 Combustible 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 suppression 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 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 in accordance with CFC, Section 906 and CCR, Title 19, Chapter 3. The type and spacing shall be approved by the Cathedral City Fire Department prior to installation.
5.09 Emergency lighting and Exit signs are required above all doorways 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 readily openable from the inside without the of key or special knowledge.
5.11 Required exit access, exits and exit discharges shall be continuously 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: Attachment 2 - Staff Report Packet from 8-4-2021 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 building or structure unless the means of egress system is made to comply with the requirements 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 wide 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 California Vehicle Code Section 22500.1.
5.16 Fire access roads shall not be obstructed in any manner, including the parking of vehicles. Traffic calming devices shall be prohibited unless approv ed by the Fire Code Official.
5.17 An operational permit is required to conduct an operation utilizing flammable or combustible liquids or the application of combustible powders.
5.18 All drapes, hangings, curtains and other decorative material, including Christmas trees that would tend to increase the fire and panic hazard shall be made from a nonflammable material or shall be treated and maintained in a flame 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 provided on all existing buildings in accordance with the CFC, Section 505.
5.20 Install Knox key boxes and/or Knox locks for Fire Department access in accordance with CFC Section 506.
SECTION 6 BUILDING DEPARTMENT
6.01 Project shall comply with the adopted California Building Standards Code (Title 24, California Code of Regulations) and other City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security
6.02 Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with the City of Cathedral City requirements.
6.03 The requirements of the Department of Environmental Health Services and the
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Attachment: Attachment 8 - Applicant Response Letter (2785 : CUP 19-019)
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Air Quality Management District shall be satisfied prior to issuance of any permit if hazardous materials are stored and/or used.
6.04 The applicant shall indicate on plans the path of travel for the disabled from the building to the public bus stop. The disabled parking stalls will be located on the shortest route to the building entrance.
6.05 If hazardous substances are used and/or stored, a technical opinion and report identifying and developing methods of protection fr om the hazards presented by the hazardous materials may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to the Building and Safety Department. This report shall also explain the proposed facility’s intended methods of operation and list all of the proposed materials, their 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 Code Sections 5538 and 6745
Sections 5538 and 6745 of the California Business & Professions Code states:
These Sections of the California Business & Professions Code do not prohibit any person from furnishing plans for any of the following:
• Non-structural store fronts , interior alterations, fixtures, 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.
“Structure” means a mobile home or anything constructed or erected and the edifice or building of any kind or any piece of work artificially built up or composed with parts joined together in some definite manner which requires location on or in the ground or is atta ched to something at the location on or in the ground except swimming, wading pools, patios, paved areas, walks , tennis courts, and similar recreational areas.
The scope of the subject application concerning construction for Parcel 1 is to remove and repl ace 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 Entitlements by the Cathedral City Planning Commission on May 19, 2021.
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Attest:
Brenda Ramirez Applicant
Associate Planner
Tracey Martinez
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CITY BUS TURNOUT
REVISIONS1345 VOICE: 760.578.4940FAX: 760.418.6530EMAIL: [email protected] SHEETPREPARED BYMARK DURKTON 202 SAVAGE DRIVECATHEDRAL CITY, CA 92234 DATE:SCALE:JOB NO.MARK DURKTON CONSTRUCTION INC.
AS SHOWN28-Jul-21SIGN:___________________________________ 2 Cathedral City Event Center35900 DATE PALM DR.CATHEDRAL CITYCA.Contractor's State License Board No. 505442
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Attachment: Attachment 2 - Staff Report Packet from 8-4-2021 PC Meeting Agenda (3099 : Conditional Use Permit (CUP) 19-019) City of Cathedral City
Public Hearing Notice for an Appeal Review of
Planning Commission’s Denial of
CUP No. 19-019 Notice of Availability for Public
Review and Environmental Determination
Notice is hereby given that the City Council of
Cathedral City will hold a Public Hearing on the
Denial review of Planning Commission’s
Approval of 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, 7:00 AM - 6:00 PM).
DATE AND TIME OF HEARING
February 9, 2022 at 5:30 PM, or as soon thereafter as
the matter may be heard
PLACE OF HEARING
Cathedral City Civic Center
Council Chamber
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Due to the COVID-19 pandemic, the City may limit the
ability of interested persons to physically appear at the time and place set forth above and may provide
alternative means for interested pers ons to observe
and be heard cons istent with AB361, or any ot her
Executive Orders tha t may exist at the time of the
hearing. Information on how to observe and participate in the hearing remotely will be published in the agenda for the February 9, 2022 City Council meeting.
Persons may submit written testimony on the proposed
project or environmental determination, which must be
received prior to the close of the public hearing. Please send all correspondence, written testimony or inquiries to the project planner.
The City Council , at the public hearing or during
deliberations, may approve, deny, or propose changes
to the project or to the environmental determination.
If you challenge any of thes e items in court, you may
be limited to raising only those issues you or someone
else raised at the public hearing described in this
notice or in written correspondence delivered to the
City Council at, or prior to, the public hearing. Please send all correspondence to the Project Planner.
For further information, contact the Project Planner at:
Brenda Ramirez, Associate Planner
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0339
NOTE: In c ompliance with the Americans with
Disability Act, if you need special assistance to
participate in this meeting, please contact the Planning Department at (760) 770 -0340. Notification 48 hours
prior to the meeting will enable the City to mak e
reasonable accommodations to ensure accessibility to
this meeting. {28 CFR 35.104 ADA TITLE II}
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Attachment: Public Comment item 6B- Regular Meeting 2-9-22 (3099 : Conditional Use Permit (CUP) 19-019)