1.4 This approval shall be valid for two years from date of approval, unless extended pursuant to the Cathedral City Municipal Code and Subdivision Ordinance.
1.5 No Certificate of Occupancy shall be granted until all Conditions of Approval have been completed and approv ed by the Director of Planning /Building, Director of Engineering/Public Works, and Fire Chief unless otherwise identified herein.
1.6 The Final Parcel Map shall be approved by the City Council and recorded prior to the issuance of any building permits.
1.7 The dev elopment of the site shall confo rm to all ordinances , codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code in effect prior to issuance of any building permits.
1.8 All improvements approved for const ruction 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 the Director of Engineering/Public Works . The improvements to be maint ained inclu de, b ut are not limited to, site improvements: parking and walking surfaces, private drainage control facilities, fence s/walls, signs, and lights; building and accessory structure improvements; paint colors and other finish materials, roofing ma terials, mechanical equipment, windows, trellises, canopies, all architectural features , landscaping and landscape irrigation.
1.9 The Developer shall defend, indemnify and hold harmless the City of Cathedral City, its officials, employees and agents, from and against any liability whatsoever related to the approval of this Conditional Use Permit and any other permits or approvals issued related to this Conditional Use Permit.
SECTION 2 FEES
2.1 The Developer shall pa y all applicable City of C athedral City fees, charges and other costs such as development impact fees as prescribed by City Ordinance .
The applicant is hereby advised that the fees may change at the time they become due and payable, as permitted by applicable law.
NOTICE TO APPLIC ANT: Pursuant to Government Code Section 66020(d)(1), the 90 -day period to protest the imposition of any impact fee, dedication, re servation, or other exacti on described in t his document begins on the effective d ate of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition.
The right to protes t the fees, dedi cations, reservations, or other exactions does not apply t o plann ing, zoning, grading, or other similar application processing fees or service fees in connecti on with this project.
It further does no t apply to any fees, dedication, reserva tions, or exacti ons for which the applican t has been given a notice simila r to th is, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired.
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SECTION 3 PLANNING
3.1 If the project is proposed to be constructed in phases, a phasing plan shall be submitted for review and approval . The phasing p lan shall outline the approximate construction timeline for buildings, infrastructure, landscaping, open space, common amenities, and other site improvements.
3.2 The project shall comp ly with the requirements of Chapter 9.94 (Planned Unit Development), where applicable.
3.3 A Final P lanned Unit Development (P UD) Plan in accordance with Section
9.94.160 of the Cathedral City Municipal Code (CCMC) shall be approved by the City Council prior to the issuance of any building permits.
3.4 Per section 9 .94.110 of the Z oning Ordinance, all structures shall be setback a minimum of ten feet from the right -of-way of publ ic or private streets , unless a variance has been granted.
3.5 All drive -through lanes shall be screened from public view along East Palm Canyon Drive. Screening meth ods may include block walls and landscape mounding and hedges.
3.6 Prior to Final Parcel Map approval by the City Council , a Final Site Plan shall be submitted to the Planning Department for review and approval consistent with the following:
a. Plans shall be draw in a minimum scale of 1” = 30’.
b. Show locations of all property lines.
c. Show location of all m echanical and elec trical equipment on exterior of building or ground -mounted equipment. All exterior and ground -mounted equipment is required to be screened.
d. Locations of mailboxes on the site.
e. Decorative paving at key cross ing points on private ro ads. Include detail of decorative paving material.
f. Show locations of all fire hydrants, catch basins, and gutters.
3.7 Prior to the issuance of building permits, a Final Landscape Construction Plan, prepared by a licensed landscape architec t, and signed by the local water purveyor, shall be submitted to the Planning Department for review and approval.
The Final Land scape Construction Plan shall contain the following required information:
a. A title block with sheet number, site address an d APNs, date of preparation, and name, address, and phone number of Applicant or Developer on all sheets.
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b. A plant landscape legend, including a spe cific symbol for each plant species used, size (i.e., caliper, gall on, 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 species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
f. Show all location of mechanical, elect rical, and i rrigation equipment and landscaping that will screen from public view.
g. A detail showing planter design adjacent to walkways a nd driveways that is designed to prevent soil and/or decomposed granite from flowin g onto walkways and drivewa ys. 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 sing le trunk trees to be double staked and multi - trunk trees to be staked appropriate to the species of tree. i. Details, specifi cations, and locatio n 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 ap proved 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 Distri ct’s “Lush & Efficient Landscape Gardening in the Coachella Valley”.
n. An Irrigation Plan with equipment details.
3.8 Site landscaping shall compl y with the City Design Guidelines and Water Conservation policies and rules regardless of whether the items are il lustrated on the Construction Landscape Plans:
a. Plants and trees shall be primarily of drought tolerant species compatible with the desert environment.
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b. At least 50% of the trees shall be evergreen species.
c. All trees in parking lots shall be centered betw een parking spaces to provide optimal shading.
d. All single trunk trees shall be double staked and multi -trunk trees shall be staked appropriate to the species of tree.
e. Arbor guards shall be installed around trees in turf areas.
f. Projects located along maj or arterials and/or streets shall comply with th e street tree requirements of the City’s Design Guidelines.
g. Planter areas shall be surrounded by a conc rete mow strip or other hard surface.
h. All ground-mounted equipment, such as mechanical, electrical, and irrigation equipment (backflow preventers), sha ll be located within a landscape planter.
This equipment shall not be located within a turf a rea and shall not be visible from public view.
i. Any drain that terminates in a planter shall have a splash guard.
j. All palm trees shall have a brown trunk height of between a minimum of 10 – 20 feet, varied to the satisfaction of City staff.
k. All 36 -inch box trees or greater shall b e ve rified as to size b y the projec t planner prior to being planted. It is the respons ibility of the contractor and/or Applicant to ma ke an appointment with the project planner to conduct this verification.
3.9 All landscaping shall be continuously maintained. Trees, shrubs, groun d covers, etcetera, shall be watered and permanently maintained. All dead vegetation shall be removed and replaced in a timely manner.
3.10 Where landscaping is required for off -street parking areas, or in othe r vehicular parking areas, concrete curbing and/or bumper blocks shall be required to regulate vehicular traffic a nd to protect plant mat erials from vehicles. Suc h 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 an d said curbing is needed to retain water. Overflow devices whic h d rain under sidewalks may be required to assur e that water does not overflow planters. I n no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb.
3.11 The Applicant shall contact the Planning Department 90 days after issuance of a Certificate of Occupanc y to arrange for a follow -up on-site inspection to ensure
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that all plant materia l is being maintained consistent with the approved Exhibit “A”.
3.12 Redwood headers are spec ifically prohibited from use on the project site for landscaping or as a permanent condition for other uses.
3.13 The property owner shall record a mainten ance covenant over the property that guarantees the removal of weeds, dust, blow sand, and deb ris, and ensures that the property is maintained in a weed, dust, blowsand, and debris -free condition per the approved plans and conditions of approval.
3.14 Building and landscaping sha ll be maintained in a condition that substantially complies with this approval.
3.15 A final fence and wall plan sh all be submitted to the Plan ning Department for review and approval that includes at minimum, the height, color , materials and location of all fences and walls proposed for the project.
3.16 All lighting on site shall comply with Chapter 9.89 of the Municipal C ode relative to outdoor lighting including fixtures that direct lighting downward.
3.17 An exterior Lighting Plan , that includes landscape and pedestrian lighting, shall be su bmitted in compliance with CCMC Section 9.89, including a photometric analysis, for re view and approval prior to issuance of a building permit. The Lighting Plan shall also identify the following:
a. The type of fixtures, including height, material, and color.
b. That the total height of all freestanding lighting fixtures will not exceed 18 feet.
c. That all concrete fixture bases will have a decorative finish. At a mi nimum, a trowel finish shall be provided.
d. That the bolts connecting the light fixture to the base will be covered.
3.18 Property addresses or building identification signs shall be plac ed on all new and existing buildings so as to be pla inly visible from the public s treet. Said sign s shall be a minimum of 12 inches in hei ght. Numbers shall be eith er internally or externally illuminated consistent with Municipal Code Section 9.02 and desi gned to illuminate automatically during periods of darkness.
3.19 All mechanical equipment, either roof or ground mounted, shall be screened from public view. All such equipme nt shall be fully screened by the roof structur e, a parapet wall, appropriate ground m ounted w alls, berming, or landscaping. All walls shall architecturally match the building. If after construction, but prior to the issuance of a C ertificate of Occupancy, it is determined by the Director of Planning/Building that equipment can be viewed fr om the public right -of-way a plan for screening the equipment shall be submitted to the Planning Department for a pproval. Once app roved, said scre ening shall be construct ed prior to issuance of a Certificate of Occupancy.
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3.20 Outdoor display and storage of mer chandise is strictly prohibited , unless approved in compliance with the Cathedral City Municipal Code.
3.21 Signage for the propo sed project is not par t of this app roval and shall require a sign permit, prior to the issuance of a Certificate of Occupancy.
3.22 All signage shall comply with the approved Master Sign Program for the project.
Any deviations from the Program will req uire an amendment approved by t he Planning Commission.
3.23 No loading o r unloading shall occur within the public right -of-way, except those activities approved by the Director of Planning/ Building or Director of Engineering/Public Works.
3.24 For each parcel that contains a building, a trash enclosure shall be provided.
3.25 Trash enclosures shall be constructed to C ity stand ard and have a decorative wall surface and a decorative cap that are consistent with the overall architecture of the project.
3.26 The trash enclosure s shall accommodate an organic w aste bin in compliance with SB 1383.
3.27 All breaker boxes, fire sprinkler risers, and utility conduits shall be i nterior to the building or within an enclosure that is in integrated into the building design as approved by the Planning Department.
3.28 All roof drains and downspouts shall be on the interior of the building or within an enclosure that is in integrated into the building design as approved by the Planning Department with decorative drain terminations. Exposed drainpipes are specifically prohibited.
3.29 All drain terminations shall be the Watts Drainage Product RD -940 or a prod uct of equal value.
3.30 Contractor must divert at leas t 75 percent of all demo lition 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 Occup ancy, the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved by the Environmental Conservation Manager.
3.32 If during excavation, grading or construction, arti facts or other archaeological resources are discov ered, all work in the immediate area of the find shall be halted and the applicant shall immediately notify the Director of Planning/Building. A qualified archaeologist, meeting the Secretary of the Interior’s professional qualifications standards for arch aeology, shall be called to the site by, and at the expense of, the applicant to identify the find and propose mitigation if the resource is culturally significant.
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3.33 The project shall comply with the followi ng Mitigation Measures as identifie d in the Final Initial Stu dy/Mitigated N egative Declara tion for the project:
1. BIO-1: A qualified biologist shall conduct two (2) take avoidance pre - construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with C DFW to determine what cou rse of action is needed, such as the use of exc lusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project.
2. BIO-2: For any grubbing, g rading or other site disturbance or tr ee or vegetation removal occurring during the nesting season between January 15th and August 31 st, a qualified biologist sha ll conduct at least one nesting bird survey, and more if deemed necessary by the consulting bi ologist, immediately prior to initiati on of project -related ground distu rbing activities. If nesting birds are present, no work shall be permitted near the nest(s ) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds-of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.
3. CUL-1: Earth-moving activi ties including grading, grubbing, trenching, or excavations at the site shall be monitored by a qualified a rchaeologist and approved Tribal Monitor(s).
Should cultural materials be discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but must have the power to tem porarily halt or divert construction equipment to allow for controlled archaeological recovery if a substantial cultural deposit is encountered. The Native American Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior ’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. If art ifacts are discovered, these shall be processed, catalogued, analyzed, and prepared for permanent curation in a repository with permanent retrievable storage that would allow for additional research in
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the future. Archaeological site records shall be prepar ed t o document the cultural remains discovered during monitoring and submitted to the California Historical Resources Information System.
4. GEO-1: Development of the Project shall adhere to the recommendations set forth in the Project specific Geotechnical Eng ineering Investigation (see Appendix D of this d ocument), including but not limited to removal and recompaction of collapsible or weak soils d uring the grading phase and completion of additional geotechnical/soil i nvestigations on the southern portion of the site proposed for the future residential development.
5. HAZ-1: Per the Geophysical Anomaly Investigation Report, the existing UST located on site shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
6. TRA-1: The Project is required to pay the requisite CVAG TUMF fee.
7. TRA-2: Each drive -through occupant shall prepare a vehicle stacking management plan demonstrating appropriate emergency vehicle access and access to handicap parking stalls are retained in the event of overflow vehicle stacking.
8. TRA-3: In order to assure that the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon operate at acceptab le levels of service at General Plan build out, the following condition of approval shall be implemented:
The City shall be responsible for monitoring conditions at the intersections of Cathedral Canyon/Dinah Shore and D ate Palm/Ramon and providing improvements to those intersections through its Capital Improvement Program, a nd local, State or federa l funding at such time as the improvements are warranted.
3.34 Vehicular a ccess and parking for the existing building at 68783 East Palm Canyon Drive (APN: 687 -207-004), adjacent to the project site, shall be maintained at all times including during construction. (Condition added by the Planning Commission on August 3, 2022)
SECTION 4 ENGINEERING / PUBLIC WORKS
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4.1 The Applicant (aka Developer) 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 at tack, set aside, void, or annul the approv al of this Planned Unit De velopment No. 21-001 (PUD), corresponding Tentative Parcel Map No. 37876 (TPM) and corresponding entitlement Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The City sha ll promptly notify the Developer of any claim, action or proceeding and shall cooperate fully in the defense.
4.2 This TPM shall expire two years after the City Council approval date, unless recorded or granted a time extension pursuant to Cathedral City Ordi nance 659; Section 3; Paragraph 8.4(A).
4.3 This TPM and any Final Parce l Map recorded there under, shall comply with the requirements and s tandards of Government Code §§ 66410 through 66499.58 (“the Subdivision Map Act”), and Cathedral City Ordinance No. 6 29, 659, 691 and 830.
4.4 This TPM shall (and incorporate by reference ) comply with all app licable terms, conditions and/or mitigation measures for the following approvals:
A. PUD No. 21-001
B. CUP Nos. 21-006, 21-007, 21-008 & 21-009.
C. Design Review Nos. 21-001, 21-002 & 21-003.
D. Zoning Ordinance Amendment No. 21-001.
E. Cathedral City Downtown Design Guidelines and Zoning Designations.
F. Cathedral City Water Conservation Policies and Rules.
G. Cathedral City Municipal Codes and Ordinances.
H. Project Phasing (TPM Phasing Map attached as reference) as follows:
1) Phase I: Parcels No. 1 through 5 and APN 674-500-038. 2) Phase II - Residential: Parcel 9
3) Phase II - Commercial: Parcels No. 6 through 8.
When cited within these Co nditions of Approval , “each phase ”, incorporated by reference, represents the Phases cited above in 4.4.A., 4.4.B. and 4.4.C.
In the event o f any conflict( s) between approval conditions and/or provisions of these approvals, the Director o f Engineering/Pu blic Works and/or Director of Planning/Building shall determine precedence.
4.5 All conditions herein for the TPM shall be met prior to:
A. The Final Parcel Map approval; and/or,
B. Grading Permit issuance; and/or,
C. Encroachment Permit issuance; or,
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D. As specifically modified by item as linked to a Certificate of Occupancy (COO) issuance; and/or,
E. Time limit from the date of issuance of the Grading and/or E ncroachment Permit.
4.6 Prior to issuance of any Grading, Encroachment or Building Permit by the City, the Developer 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. Riverside County Flood Control District (RCFCD).
G. Palm Springs Unified School District.
H. Desert Water Agency (DWA).
I. Southern California Edison (SCE).
J. Frontier Communications.
K. Spectrum Cable (TW).
L. California Regional Water Quality Control Board (CRWQCB).
M. State Water Resources Control Board.
N. Sunline Transit Agency (SunLine).
O. South Coast Air Quality Management District – Coachella Valley (SCAQMD).
The Developer is responsible for all the requirements of the permits and/or clearances from the above liste d agenc ies. When t he re quirements include approval of improvement plans, the Applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
4.7 If applicable, the Developer shall be responsible for completing all TPM approved Phase I Study recommendations, all City and Riverside County r equirements and Riverside County De partment of Environmental Health requirements. Proof of compliance shall be submitted to the City before issuance of Building Permits for the CUP.
4.8 Coverage under the State of California Cons truction General Permit must b e obtained by the Applicant, who th en shall submit a copy of the California Regional Water Quality Control Board’s (“ CRWQCB”) 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, Encroachment or Building permit.
4.9 Prior to construction, during construction and up to TPM acceptance the Applicant shall comply with applicable provisions of the City’s NPDES Stormwater Discharge Permit and Riverside County Ordinance No. 457; the CRWQCB – Colorado River
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Basin Regional Board Order No. R7 -2013-0011 and the CRWQCB’s Or der No. 2009-009-DWQ, Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.
A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses mo re than one (1) ac re of land, the Applicant (“Permitee”) shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the CRWQCB.
B. The Appli cant or design professional can obtain the California Sto rmwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.
C. Prior to the A pplicant submitting the SWPPP to the CRWQCB, the Applicant shall submit a copy of the SWPP P to the Director of Engineering/Public Works for review.
D. The Applican t sh all d eliver a complete co py of the CRWQCB approved SWPPP to the Director of Engineering/Pu blic Works prior to issuance of the Grading Permit for City records.
E. The Applicant shall ensure that the required SWPPP is available for inspection at the projec t si te at all times through a nd including acceptance of all improvements by the City.
F. The App licant’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 t he Ap plicant shall be approved by the Director of Engineering/Public Works.
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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 rem ain in effect for th e entire duration of Project construction until all improvements are completed and accepted by the City.
4.11 The Developer shall be re sponsible for blow sand, debris, trash, rubbish and deleterious material removal in all areas of the TPM’s driveways, parking lots, access aisle s, and East Palm Canyon Drive, Van Fleet Stree t, D Stre et and frontages. This includes frontage areas at the intersections of East Palm Canyon Drive and Date Palm Drive, East Palm Canyon Drive and Allen Avenue, East Palm Canyon and Van Fleet Street, Van Fleet Street and B Street, Van Fleet Street and C Street, Van Fleet Street and D Street and the D Street cul -de-sac.
Responsibilities include all frontage gutter pans, sidewalks, parkways, right-of-way and all interior areas within walled areas and all areas outside the walled areas of the TPM. This will also include all driveways and drive ais les providing ingress and egress to and from a ll the TPM ’s frontage roadways . The Developer shall include these responsibilities into a City approv ed routine maintenance schedule of the sit e for pe rpetuity and incorporate thes e in to the TPM ’s CC&Rs for all Parcels within each phase of the TPM, respectively.
4.12 Approval of this TPM and Plans shall not be constr ued as approval fo r any horizontal dimensions implied by any Plans or exhibits unless specifically identified in the following Conditions of Approval.
4.13 The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorn ey’s fees incurred by the City Attorney to prepare, review, negotiate and/or modify any do cuments or instruments required by these co nditions and/or subsequent modification requests to these Conditions of Approval. This obligation shall b e paid in the time noted above without deduction or offse t and Developer’s failure to make such payment shal l be material breach of the Conditions of Approval.
4.14 The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actu al co nsultant’s fees incurred by the Ci ty for engineering, surveying and/or any other tech nical consultants to review and /or modify a ny documents or instruments required by these conditions and/or subsequent modification requests. This o bligation shall be paid in the time not ed above without d eduction or off set and Developer’s failure to make such payment shall be material breach of the Conditions of Approval.
4.15 The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, a ll actual costs incur red by the City fo r Engineering, Planning and/or Building Department reviews and/or modify any docum ents or inst ruments required by these conditions and/or subsequent modification requests. This obligation shall be pa id in the time not ed ab ove without dedu ction or offset an d
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Developer’s f ailure to make such payment shall be material breach of the Conditions of Approval.
PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS
4.16 Prior to issuance of any COO within each phase, the Developer shall acquire or confer easements and other pr operty rights nece ssary for the c onstruction or proper functioning of the proposed TPM. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements.
4.17 Pursuant to the aforementioned condition, conferred rights shal l include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed TPM not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of all phases of the development.
Specifically:
A. Phase I
i. On the Final Parcel Map, the Owner of Record shall dedicate an additional 8 to 15 feet of right of way to the City along the East Palm Canyon Drive frontage to assure a half street right of way width of 63 feet.
ii. If not already completed, on the Final Parcel Map, the Owner of Record shall dedicate an additional 18 feet of right of way to the City along the Van Fleet St reet frontage to as sure a half street righ t of way width of 38 feet.
iii. On the Final Parcel Map, the Owner of Recor d shall dedicate additional right of way a t the TPM’s East Palm Can yon Drive and Van Fleet Street corner to provide for a Corner Cut -Back per Riverside County (RC) Standard No. 805.
iv. On the Final Parcel Map, the Owner of Recor d shall dedicate additional right of way a t the TPM’s East Palm Cany on D rive and Allen Avenue corners to provide fo r Corner Cut -Backs per Riverside County (RC) Standard No. 805.
v. On the Final Parcel Map, the Owner of Recor d shall dedicate additional right of way at the TPM’s East Palm Canyon Drive and Date Palm Drive corners to pro vide for a Corner Cut-Backs per Riverside County (RC) Standard No. 805.
vi. On the Final Parcel Map, the Owner of Recor d shall dedicate additional right of way for the new 30-foot-wide driveway located approximately 80
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feet east of Parcel 6 ’s west property line along the TPM’s East Pa lm Canyon Drive frontage provide for a Corner Cut -Back per Riverside County (RC) Standard No. 805.
vii. The TMP’s CC&Rs for all parcels within Phase I shall incorporate mutual access for emergency access (if required) and pedest rian access to Phase II – Residential; and, mutual acce ss for emergency vehicles, vehicles and pedestrians to Phase II – Retail, subject to the approval of the Director of Engineering/Public Works.
viii. The TMP’s CC&Rs shall incorporate the Maintenance Conditions described in Condition 4.11 for all the parcels in Phase I, subject to the approval of the Director of Engineering/Public Works.
ix. The Developer shall record and the TPM’s CC&Rs shall incorporate the Street Light Covenant described in Condition 4.26 and 4.27 against all the parcels in Phase I.
x. The TPM ’s CC&Rs shall incorporate a Mutual Drainage Easement between all parcels in Phase I and Phase II – Retail; and between Phase I and Phase II – Residential for receiving break out stormwater, subject to the approval of the Director of Engineering/Public Works.
xi. The Developer shall record and the TPM’s CC&Rs shall incorporate the Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, A ccess and M aintenance Covenant (as part of the WQMP) described in Condition 4.29.iv. against all the parcels in Phases I.
xii. On the Final Parcel Map, the Owner of Recor d shall dedicate the proposed south extension of the Date Palm Drive/East Palm Canyon intersection for public street and publ ic utility p urposes, for a distanc e of approximately 100 ft south o f East Palm Canyon Drive, in an ali gnment, width and configuration as approved by the Director of Engineering/Public Works. The south extension entrance into the TPM’s Phase I area shall be constructed as generally as shown on Plans, with concrete curb and gutter, sidewalks, curb returns, a ccess ramps, and pavement. The TPM’s CC&Rs shall incorporate th e ongoing maintenance and upkeep of the street impr ovements within the d edicated public portion of the proposed south extension of the Date Palm Drive entrance in a form as approved by Director of Engineering/Public Works.
xiii. On the Final Parcel Map with a certification that a vacation is the intent , the Property Owner of Record shall complete the vacation of a portion of A Street, all of “B” Street and a public alley between. Portions of “A” Street, “B” Street, and a public alley between these streets, were conditional ly
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vacated by t he City by Vaca tion C ase No. 2015 -02, as detailed in City Council Resolution No. 2015-60, adopted on November 16, 2015.
The Developers of the P hase II - Residential and Phase II - Retail shall abandon, relocate, underground, or otherwise clear existing utilities in these streets in conjunction these Phases, respectively, to the satisfaction of their owners, and mee t the other condi tions of the street and alley vacations as outlined in that Resolution, and a final Resolution of Vacation must be adopted and recorded prior to the issuance of Grading and/or Building Permits on any o f the portions of stree ts or alley to be vacated.
Abandonment, relocat ion or undergr ounding of any utilities in these vacated streets shall occur prior to the first COO issued for either Phase II – Residential or Phase II - Retail, where such vacation is applicable.
TPM’s CC&Rs shall incorporate th e ongoing maintenance and upkeep of the stre et impr ovements within the non-vacation public portion of “A” Street, east of Van Fleet Street in a form as approved by Director of Engineering/Public Works.
B. Phase II - Residential:
i. If not a lready completed, on the Final Parcel Map, the Owner of Recor d shall dedicate an additional 18 feet of right of way to the City along the Van Fleet St reet frontage to as sure a half street righ t of way width of 38 feet.
ii. On the Final Parcel Map, the Owner o f Record shall dedicate additional right o f way at all the TPM’s Van F leet S treet and “D” Street frontage driveways to provide for Corner Cut -Backs per Riverside C ounty (RC) Standard No. 805.
iii. The City will vacate portions of the “D” Street offset cul-de-sac located at the east end of “D” Street as required with the re cordation of the Final Parcel Map (FPM) to complete a reduced size cul-de-sac in accordance with a 56-feet right of way size, shape a nd geometric ali gnment as generally show on the TTM per Riverside County (RC) Standard N o. 800(A) and as final approved by the City Fi re Chie f and Director of Engineering/Public Works. Vacation and completion of construction of the “D" Street cul-de-sac shall occur prior to t he issuance of the first permit and CCO of the Phase II – Residential, respectively.
iv. The TMP’s CC&Rs (or by recorded Covenant) for all parcels within Phase II - Residential shall incorporate mutual access for emergency access (if required) and pedestrian access to Ph ase I and Phase II – Retail subject to the approval of the Director of Engineering/Public Works.
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v. The TMP’s CC&Rs (or by recorded Covenant) shall incorporate the Maintenance Conditions described in Condition 4.11 for all the parcels in Phase II - Residential, subject to the approval of the Director of Engineering/Public Works.
vi. The Property Owner of Record shall record the Street Light Covenant described in Con dition 4.26 and 4.27 against all the parcels in Ph ase II – Residential and ongoing maintenance shall be incorporated in the Phase II recorded CC&Rs.
vii. The TPM’s CC&Rs shall incorporate a Mutual Drainage Easement (or by recorded covenant) between all parcels in Pha se II – Residential and Phase I for receiving break out stormwater, subject to the approva l of the Director of Engineering/Public Works.
viii. The Property Owner of Record shall record the Water Quality Management Pla n and Urban Runoff Best Management Practices Transfer, Acc ess and M aintenance Covenant (as part of the WQMP ) described in Condition 4.29.iv. against all the parcels in Phase II - Residential of the TPM and maintenance shall be incorporated in the Phase II - Residential CC&Rs.
ix. If not already completed, on the Final Parcel Map with a certification that a vacation is the intent , the Property Owner of Record shall complete the vacation of a portion of “A” Street, all of “B” Street and a public alley between. Portions of “A” Street, “B” Street, and a public alley between these streets, were conditionally vacated by the City by Vacation Case No. 2015-02, as detailed in City Council Resolu tion No. 2015-60, adopted on November 16, 2015.
The Developers of the P hase II - Residential and Phase II - Retail shall abandon, relocate, underground, or otherwise clear existing utilities in these streets in conjunction these Phases, respectively, to the satisfaction of their owners, and mee t t he other conditions of the street and alley vacations as outlined in that Resolution, and a final Resolution of Vacation must be adopted and recorded prior to the iss uance of Grading and/or Building Permits on any of the portions of stree ts or alley to be vacated.
Abandonment, relocat ion or undergr ounding of any utilities in these vacated streets shall occur prior to the first COO issued for either Phase II – Residential or Phase II - Retail, where such vacation is applicable
C. Phase II - Retail
i. On the Final Parcel Map, the Owner of Record shall dedicate an additional 8 to 15 feet of right of way to the City along the East Palm Canyon Drive frontage to assure a half street right of way width of 63 feet.
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ii. On the Final Parcel Map, the Owner of Record shall dedicate an additional 18 feet of right of way to the City along the Van Fleet St reet frontage to assure a half street right of way width of 38 feet.
iii. On the Final Parc el Map, the Property Owner of Record shall dedicate a 10-foot access easement on the west side of Parcel 6 for full ingress and egress access to ab utting Parcel APN No. 687-207-004. The dedicated 10-foot access and egress easement will be constructed as generally as shown on Plans, with concrete curb , gutter, and pavement and will be included in the Maintenance Covenant described in Condition 4.11.
iv. The TPM’s Phase II – Retail recorded CC&Rs shall incorporate a Mutual Trash Enclosure Access Easement to allow the property owner of Pa rcel APN No. 687-207-004 access to a trash enclosure constructed by the Applicant for the property owner of AP N No. 687-207-004 as part of this TPM at the location g enerally shown on the Plans. The trash enclosure will be located, designed, and constructed per Cathedral Cit y Design Standards at the Developer’s cost and subject to the approval of the Director of Planning/Building.
v. If not already completed, on the Final Parcel Map with a certification that a vacation is the int ent, the Property Owner of Record shall complete the vacation of a portion of A Street, all of B Street and a public alley between.
Portions of A Street, B Street, and a public alley between these streets, were conditionally vacated by t he City by Vaca tion Case No. 2015 -02, as detailed in City Council Resolution No. 2015 -60, adopted on Nov ember 16, 2015.
The Developers of the P hase II - Residential and Phase II - Retail shall abandon, relocate, underground, or otherwise clear existing utilities in these streets in conjunction these Phases, respectively, to the satisfaction of their owners, an d mee t the other conditions of the street and alley vacations as outlined in that Resolution, and a final Resolution of Vacation must be adopted and recorded prior to the issuance of Grading and/or Building Permits on any of the po rtions of stree ts or alle y to be vacated.
Abandonment, relocat ion or undergr ounding of any utilities in these vacated streets shall occur prior to the first COO issued for either Phase II – Residential or Phase II - Retail, where such vacation is applicable.
The TPM’s CC&Rs shal l incorporate th e ongoing maintenance and upkeep of the street impr ovements within the non-vacation public portion of “A” Street, east of Van Fleet Street in a form as approved by Director of Engineering/Public Works.
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vi. The TMP’s CC&Rs for all parcels within Phase II - Retail shall incorporate mutual access for emergency access (if required) and pedestrian access to Phase II – Residential; and mutual access for emergenc y vehicles, vehicles and pedestrians to Phase I, subject to the approval of the Director of Engineering/Public Works.
vii. The TMP’s CC&Rs shall incorporate the Maintenance Conditions described in Condition 4 .11 for all the parcels in Phase II - Retail, subject to the approval of the Director of Engineering/Public Works.
viii. The Developer shall record and the TPM’s CC&Rs shall incorporate the Street Light Covenant described in Condition 4.26 and 4.27 against all the parcels in Phase II - Retail.
ix. The TPM’s CC&Rs shall incorporate a Mutual Drainage Easement between all parcels in Phase II – Retail and Phase I , subject to the approval of the Director of Engineering/Public Works.
x. The Developer shall record and the TPM ’s CC&Rs shall incorporate the Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, A ccess and M aintenance Covenant (as part of the WQMP) described in Condition 4.29.iv. against all the parcels in Phase II - Retail.
4.18 The Developer shall retain for private use on this TPM all private street rights-of- way, parking lots, access way s, entry poin ts, and rights -of-way in confor mance with the City’s General Pla n, Municipal Code, TPM and/or as required by the Director of Engineering/Public Works.
4.19 The Developer shall design the onsite private parki ng lot and drive ai sles pavement sections using Cal T rans’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 shall be as follows:
a. Parking Lot and Drive Aisles:
i. Asphalt (a.c.): Placed in one (1) lift: 3.0” a.c./4.0” class II base. Applicant will provide pavement and base section thicknesses and will be subject to the approval of the Director of Engineering/Public Works.
ii. Portland Ceme nt Concrete (PCC): 5.0” PCC w/wire mesh /4.0” class II base. Applicant will pro vide pavement and bas e section thicknesses and will be subject to the approval of the Director of Engineering/Public Works.
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b. Apply striping, legends and signage over the entire p arking lot and drive aisles.
Final stri ping, legend and signa ge layout shall be approved by the Dir ector of Engineering/Public Works.
c. Parking lot lighting shall com ply with the lighting , photometric , B uilding and/or Engineering Site Plans to the satisfaction of the Director of Planning/Building and Director of Engineering/Public Works.
4.20 The Developer shall include on the following frontages:
a. Phase I:
i. East Pa lm Can yon Drive and Allen Av enue: Construct one (1) approximately 42-foot-wide signalized intersection driveway entrance to comply with ADA standards and to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering.
1) The ingress and egress driveway at Allen Avenue cited above and as shown on the TPM and Plan and as part of these Conditions of Approval, shall pro vide ingress and egres s for the retail development.
2) Any modification to these driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drive s, interior circulation r outes, setbacks and other features generally shown on the TPM’s Plans, may r equire additional street w idths as determ ined by the Director of Engineering/Public Works . The City shall determin e any such additional requirements during the plan check process prior to the issuance of a Grading Permit for Phase I.
ii. East Palm Ca nyon Dri ve and Date Palm Drive : Construct one (1) approximately 60-foot-wide signalized intersection street entrance to comply with ADA standards and to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering.
1) The ingress and egress driveway at Date Palm Drive cited above and as shown on the TPM and Plan and as part of these Conditions of Approval, shall provide ingress and egress for the retail development.
2) Any modification to the se driveways will require the approval of the Director of Engineering/Public Works.
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3) The entry drive s, interior circula tion routes, se tbacks and othe r features generally shown on the TPM’s Plans, may require additional str eet w idths a s determined by the Director of Engineering/Public Works. The City shall determine any such additional requirements during the plan check process prior to the issuance of a Grading Permit for Phase I.
B. Phase II - Residential:
i. Driveway and access points located in Pha se II – Residential are to be submitted with the Applicant’s application documents for the entitlement for Phase II - Residential.
C. Phase II - Retail:
i. East Palm Can yon Drive approximately 80 feet east of Parcel 6 ’s west property line as generally shown on th e TPM’s Plans: Construct one (1) approximately 30-foot-wide City St andard 200 -B driveway entrance to comply with ADA standards and to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering/Public Works.
1) The ingress and egress driveway on East Palm Canyon cited above and as shown on the TPM and Plan and as part of th ese Conditions of Approval, shall provide ingress and egress for the Phase II - Retail development.
2) Any modification to the se driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drives, interior circ ulation routes, setbacks and o ther features generally shown on the TPM’s Plans, may require additional street w idths as determined by the Directo r of Engineering/Public Works . The City shall determin e any such additional requirements d uring the plan check process prior to the issuance of a Grading Permit for Phase I.
ii. Van Fleet Street/ A Street inters ection: Construct one (1) 30-foot-wide Riverside Cou nty Stan dard Driveway Standard No. 207A driveway to comply with ADA st andards and to be shown on the Eng ineering Plans to the satisfaction of the Director of Engineering/Public Works.
1) The ingress and egress driveway on Van Fleet Street cited above and as shown on the TPM and Plan and as part of these Conditions of Approval, shall provide ingress and egr ess for the retail development.
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2) Any modification to the se driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drives, inte rior circul ation routes, setbacks and othe r features generally shown on the TPM’s Plans, may req uire additional street w idths as determined by the Director of Engineering/Public Works . The City shall determin e any such additional requirements during the plan check process prior to the issuance of a Grading Permit for Phase I.
4.21 Curve Radii for curbs at all street intersections and driveways shall not be less than 35 feet . All radii less than 35 feet will require the individual approval of the Director of Engineering/Public Works.
4.22 All commercial driveways shall be RC Commercial Driveway Standard No . 207A or as specifically cited in these Conditions of Approval with final approval by the Director of Engineering/Public Works.
4.23 Install Type A -6, A-8 and/or Type “D” curbs per RC Standards, whi ch will co nvey water without ponding, and pr ovide lateral containment of dust and residue d uring street sw eeping operations, subject to the approv al of the Director of Engineering/Public Works.
4.24 Construct all roadways, parking lots, drive aisles, curbs and gutters, sidewalks and driveways to uniforml y conne ct t o existing adja cent public and/or private improvements within and adja cent TPM as shown on the Plans to the sat isfaction of the Director of Engineering/Public Works.
4.25 Construct all appurtenant roadway components such as, but not lim ited to: cur b, gutter, sidewalk, ADA ramps, traffic control striping, leg ends, traffic control signs and street na me signs to the satisfaction of the Direct or of Engineering/Publ ic Works.
4.26 Existing Decorative Street Lights:
a. Phase I:
i. The Developer shall coor dinate an d pay all cost ne cessary for the refurbishment, LED ret rofit and re -installation of the below detailed City owned street lights ; and coordina te with SCE and th e City for t he Developer (and subseq uent assignees to be incorporated in the CC& Rs) to take over the mon thly electrical expense for th e street lights ; and coordinate with the City for the Developer (and subsequent assignees to be incorporated in the CC&Rs) to take over all future related maintenance, refurbishment an d replacement costs, prior to the i ssuance of the first COO. The Developer shall execute a Street Light Covenant covering all
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the above, to be incorporated int o the CC &Rs, and be reviewed an d approved by the Director of Engineering/Public Works prior to recordation.
1) Remove, refresh with ne w purple coating, c onvert to LED, and reinstall the eight (8) existing decorative street lights alon g the Phase I East Palm Canyon Drive fro ntage f rom the eastern boundary of Phase I (east property line of APN 674-500-038) to the west boundary of Phase I, per City Standards, with the final locations subject to app roval by the Director of Engineering/Public Works prior to the issuance of the first COO.
B. Phase II – Retail
i. The Developer shall coor dinate and pay all cost ne cessary for the refurbishment, LED re trofit and re -installation of the below detailed City owned street light; and coordinate with SCE and the City for the Developer (and subsequent assignees to be incorporated in the CC&Rs) to take over the monthly electrical expense for the street light; and coordinate with the City for the Developer (and subseq uent assignees to be incorporated in the CC&Rs) to take over all future related maintenance, refurbishment and replacement costs, prior to the issuance of the first COO. The Developer shall execute a Street Light Covenant covering all the above, to be incorporated int o the CC &Rs, and be reviewed an d approved by the Director of Engineering/Public Works prior to recordation.
1) Remove, refresh with new purple coat ing, con vert to LED, and reinstall the one (1) existing decorative street light along the Phase III East Palm Canyon Drive frontage from the eastern boundary of Phase II - Retail to the west boundary of Phase II - Retail, per City Standards, with the final locatio ns subject to approval by the Director of Engine ering/Public Works prior to the iss uance of the first COO.
4.27 New Standard Street Lights:
a. Phase II - Residential:
i. The Developer shall coordin ate and pay all c ost necessary fo r the installation of the below de tailed City and South ern California Edison (SCE) approved standard LED street lights with SCE and the Developer (and subsequent assignees to be incorporated in the CC&Rs) to take over all related expen ses, including the monthly electrical expense for the street lights installed prior to the issuance of the first COO. The Developer shall execute a Street Light Covenant, to be incorporated into the CC& Rs, and be reviewed an d approved by the Dire ctor of Engineering/Public Works prior to recordation.
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1. Install three (3) 5,800 lumen shielded LED street light s along the Van Fleet Street frontage of the TPM, per City and SCE Standards, with the final location s subject to approval by the Director of Engineering/Public Works prior to the issuance of the first COO.
2. Install three (3) 5,800 lumen shielded LED stree t light s along the “D” Street frontage of the TPM, per City and SCE Sta ndards, with the final location s subject t o approval by the Director of Engineering/Public Works prior to the issuance of the first COO.
b. Phase II- Retail:
i. The Developer shall coordin ate and pay all cost necessary for the installation of t he below detailed City and Southern California Edison (SCE) approved standard LED street lights wi th SCE and the Developer (and subsequent assignees to be incorporated in the CC&Rs) to take over all rela ted expense s, including the monthly electrical expense for the street lights installed prior to the issuance of the first COO. The Developer shall execute a Street Light Covenant, to be incorporated into the CC& Rs, and be reviewed an d app roved by the Dir ector o f Engineering/P ublic Works prior to recordation.
1. Install one (1) 5,800 lumen shielded LED street light along the Van Fleet Street frontage of the TPM, per City and SCE Standards, with the final loca tions subject to approval by the D irector of Engineering/Public Works prior to the issuance of the first COO.
4.28 If applicable, t he Developer of each pha se shall coordinate and pay all cos t necessary for the undergrounding and removal of all, and not limited to, aerial wires, power line s, telephone wires, c able lines, communication equipment, pole under burden and respective poles that are within this TPM, per CC Municipal Code 8.30.050 , prior to the issu ance of the first COO within each phase to the satisfaction of the Director of Engineering/Public Works.
4.29 The Developer of each phase will design and install on site stormwater drainage facilities for each phase:
i. Within the paved and landscaped areas of each phase o f the TPM, the Developer will design facilities to capture all onsite nuisance and stormwater, with breakout facil ities, per Cathedral City Municipal Code require ments and other conditions specified herein to the satisfaction of the Director of Engineering/Public Works.
ii. The Developer of Phase I will install fa cilities du ring the TPM’s Phase I construction to temporarily either capture and/or pass-through all stormwater
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from the Phase II - Residential Parcels immediately to the south to a stormwater inlet and/or outlet drain on the eastern boundary of Phase I to the satisfaction of th e Director of E ngineering/Public Works . Phase I will be required to pass receive and/or pass th rough breakout sto rmwater from Phase II – Residential.
iii. The Developer of Ph ase II – Residential will design permanent facilities to capture all required nuisance and 100-year stormwater on the Phase II – Residential parcel(s) and only pass through to Phase I breakout stormwater.
iv. The Developer of each p hase shall offer for d edication to t he City tho se easements ne cessary for acc ess to draina ge facilities and basi ns, by separate instrument. The Developer of each phase required to execute a Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Acce ss and Maintenance Covenant with the City (as part of the WQMP) and incorporate in each phase’s CC&Rs prior to issuance of the Grading Permit.
4.30 Dedications shall include additional widths as necessary for dedicated right and left turn lanes, deceleration and ac celeration lanes, bus turnouts and other features that may be contained in the TPM’s Plans.
4.31 When the Director of Engineering/Public Works determines that access rights to the proposed street r ights-of-way shown on the TPM’s Plans are necess ary prior to the approval of the Fi nal Parcel Map ded icating suc h righ ts-of-way, the Developer shall grant the nec essary rights -of-way within 60 days of a written request by the City.
4.32 Where public facilities ( e.g., sidewalks) are plac ed on p rivately owned setbacks, the Applicant shall offer for dedication bla nket easements for those purpo ses by separate instrument prior to the issuance of the first COO.
4.33 The Developer of each phase shall cause all missing property corners and survey monuments within the boundaries of the TPM to be set prior to the issuance of the first COO, in accordance with the Subdivision Map Act and City requirements.
4.34 The Developer of each phase shall furnish pro of of ease ments, or written permission, as appropriate, from those owners of all a butting properties on w hich, and not limited to, grading, wall construction, retaining wal l constr uction, permanent slopes, s treet improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities will occur.
i. Further, all abutting properties disturbed by the Developer of each phase, and not limited to, grading, wa ll construction, retaining wall co nstruction, permanent slopes, street imp rovements, sidewalks, dr iveways, utility relocations, other encroachments and other construction activities
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performed by the Developer, will b e restored to original and/or improved conditions subject to the prior rev iew and approval of the Director of Engineering/Public Works and/or Director of Planning/Building.
4.35 The Developer of each phase shall cause no easement to be granted, or recorded, over any po rtion of the sub ject property between the date of ap proval of the TPM and the d ate of issuance of the first COO, unless such eas ement is approv ed by the Director of Engineering/Public Works.
4.36 The Developer of each phase will coo rdinate a ll pr ivate roadway improvements and driveway transitions with the adjacent property owners (public and/or private) and coordinate relocation of fire hydrants, wa ter me ters and all o ther appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.37 Improvements shall be designed and constructed in accordance with City adopted standards, supple mental drawings and specifications, or as a pproved by the Director of Engineering/Public Works.
4.38 All improvements will be subject to City requirements for i nspection during construction.
4.39 The City will conduct final inspections of s tructures only when the buildings have improved street and sidewalk access t o stre ets, including ADA access . The improvements shall include required traffic cont rol devices, pavement mark ings and street name signs.
4.40 The Developer shall be respons ible for the vaca tion and gran ting of ea sements that address changes in the existing easements over the pr oposed TPM that may be affec ted by proposed improvements. Pursua nt this condition, the Developer shall apply to th e City for any street vacation requ est of public rig ht-of-way and/or utility easements. The Developer must prov ide all applica ble exhibits an d legal descriptions and perform all necessary abandonments or re location of easements and/or facilities as require d by all affected utility purveyors over the public rights- of-way and/or utility easements, or as approved by t he Director of Engineering/Public Works. Typically, the r ight-of-way vacation process is up to three (3) months.
PUBLIC IMPROVEMENTS
4.41 The Developer of each phase shall pay all costs to engineer, construct, dedicate and complete the following street and traffic signal modification improvements to conform to these Conditions of Approval, the General Plan and the requirements of the TPM’s Traffic Analysis for the Cathed ral Cove Center, prepared by Urban Crossroads, dated April 8, 2022:
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Exception: The City shall be respo nsible for moni toring cond itions at the offsite intersections of Cathedral Canyon Drive/Dinah Shore Drive and Date P alm Drive/Ramon Road and providing improvements to those interse ctions through its Capital Improvement Program and/or local, State or federa l funding at su ch time as the improvements are warranted, thereby mitigating the TMP’s impacts to these intersections.
A. PUBLIC IMPROVEMENTS
i. Phase I:
1. Phase I public improvements for the purposes of these Conditions of Approval, will include the TPM ’s no rth property lin e frontage along East Palm Canyon Drive abutting Parcel 6 ’s east p roperty line in Phase II - Retail, east to the eastern boundary of TPM’s APN 674-500-038 and south abutting Parcel 9. Phase I include Parcels I through 5 and APN 674-500-038.
2. All Phase I improvem ents will be co mpleted by the Developer of Phase I prior to the issuance of the first COO of Phase I.
3. East Palm Canyon Drive – Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. East Palm Canyon D rive is a pub lic roadway and is
designated as an Arterial Highway with a 126 ft. right of way (half street right of way is 63 feet).
b. Street measured at curb to curb shall have a minimum 94 ft. street width. T he location of the south curb line shall be a minimum of 47 feet south of t he East P alm Canyon Drive centerline of improveme nts as ge nerally s hown on the TPM’s Plans.
c. From Parcel 5 ’ west proper ty line to the Allen Avenue driveway entrance construct and/or replace:
i. A minimum 8 to 16 feet wide sidewalk to p rovide
smooth transition and connectively west and east in
accordance with ADA and RC Standards 401 or 40 4
as generally shown on th e TPM’s Plans to the
satisfaction of the Director of Engineering/Public
Works.
ii. Non-compliant and/or broken r oadway and parkway
components such as, and not limited to: curb , gutter,
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sidewalk, a.c., ADA ramps, tra ffic control stri ping,
legends, L ED traffic control signs and street name
signs to the satisfaction of the Director of
Engineering/Public Works. The City shall identif y all such areas prior to issuance of the Grading Permit.
d. Fronting Parcel 5 remove:
i. The existing eastbound to s outhbound deceleration
lane island at East P alm Canyon Drive and Allen
Avenue and remove all landscaping, electrical, storm
drain, traffic si gnal facilities and all other ancillary accessories. Replace asphalt within this area per
these Conditions of Approval to the satisfaction of the Director of Engineering/Public Works. Removed
facilities that a re salvageable and subject to
refurbishment may be r elocated if approved prior by
the Director of Engineering/Public Works.
e. From the Al len A venue driveway entrance east
approximately 430 feet along the fron tages of Parc els 4, 3 and 2 construct:
i. New curb, gutter and a.c. as part of street widening to connect t o existing curb, gutter and a.c. within and
east of Parcel 2 with a smooth taper transition
designed and constructed as generally shown on th e
TPM’s Plans to the satisfaction of the Director of
Engineering/Public Works.
f. From the Allen Avenue driveway entrance to the Date Pal m Drive entrance construct and/or replace:
i. A minimum 8 to 16 feet wide sidewalk to provide
smooth transition and connectivity west and east in
accordance with ADA and RC Standards 401 or 404
as generally shown on th e TPM’s Plans to the
satisfaction of the Director of Engineering/Public
Works.
ii. Non-compliant and/or broken r oadway and parkway
components such as, and not limited to: curb , gutter, sidewalk, a.c., ADA ramps, tra ffic control striping,
legends, L ED traffic control signs and street name
signs to the satisfaction of the Director of
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Engineering/Public Works. The City shall identify all
such areas prior to issuance of the Grading Permit.
g. From the Da te Palm entra nce to the east TP M lim its including the east property line of APN 674 -500-038
construct/modify and/or repair:
i. Non-compliant and/or brok en r oadway and parkway
components such as, and not limited to: curb , gutter, sidewalk, a.c., ADA ramps, t raffic control striping,
legends, L ED traffic control signs and street name
signs to the satisfaction of the Director of
Engineering/Public Works. The City shall identify all
such areas prior to issuance of the Grading Permit.
h. In all areas where new curb and gutter is constructed as part of stree t wideni ng and as gener ally shown on t he TPM’s Plans along the East Palm Canyon Drive frontage:
i. Replace a.c. to a thi ckness per thes e Conditions of Approval to the satisfaction of the Dir ector of
Engineering/Public Works.
ii. Grind and overlay A minimum of 1 -inch a.c. to the centerline of improvements or less as approved by
the Directo r of Engineering/Public Works to c reate
and/or maint ain a 2% crossfall to the adjacent curb
and gutter and the exte nt of the grin d and overlay
meeting these requirements shall be identi fied on the Civil Engineering Street Plans.
i. Along the entire East Palm Can yon Drive frontage of Phase I:
i. Apply Type II REAS (Rubberized Emulsion Aggregate
Slurry) from the gutter pan to the centerline of
improvements to the satisfaction of the Director of
Engineering/Public Works.
ii. Restripe a ll lanes , crosswalks and turning po ckets, including legends as generally shown on the TPM’s
Plans to the satisfacti on of the Director of
Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing a djacent improvements east and
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west of the TPM to the sa tisfaction of the Director of Engineering/Public Works.
iv. East Palm Canyo n Drive frontage will be designated as “No Stopping” with signs posted as ap proved by
the Director of Engineering/Public Works.
4. East Palm Canyon Drive Intersections:
a. East Palm Canyon Drive/Allen Avenue intersection:
i. Replace, protect in place/refurbish, relocate/refurbish (if meets curren t standards and approved by the
Director of Engineering/ Public Works ) and/or install
new, all traffic signal equipment, lighting equipment
and all related appurtenances making the traffic signal fully operational at the East Palm Canyon Drive/Allen
Avenue intersection to make the in tersection fully
functional adhering to current CA traffic safe ty and
ADA standards to the satis faction o f the Director of
Engineering/Public Works.
1. Appurtenances include and are not limited to:
a. ADA audible pedestrian call buttons
b. Controllers
c. Cabinets
d. Poles
e. Mast arms
f. Signal heads
g. Signage
h. Traffic safety lights
i. Signal timing
j. Etc.
ii. Complete all traffic signal engineering, signal retiming and synchronization coordination modifications
necessary for local and regional signal operation.
iii. Replace existing pedestrian call buttons with ADA
audible pedestrian cal l bu ttons as approve b y the
Director of Engineering/Public Works.
iv. Replace the existing traffic safety lights with LED traffic safety lights as approve by the Director of
Engineering/Public Works.
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v. Restripe eas t, west , south and north pedestrian
crosswalks and turn pockets to the satisfaction of the
Director of Engineering/Public Works.
vi. Construct and/or recon struct ADA pedes trian
sidewalk ramps on the so uth side of the East Palm
Canyon Drive/Allen Avenue intersection to conform to
Cal Trans A -88-A as approved by the Director of
Engineering/Public Works.
b. East Palm Canyon Drive and Date Palm Drive intersection:
i. Replace, protect in place/refurbish, relocate/refurbish (if meets curren t standards and approved by the
Director of Engineering /Public W orks) and/or install
new, all traffic signal equipment, lighting equipment
and all related appurtenances making the traffic signal fully operational at the East Palm Canyon Drive/Date
Palm Drive intersection to make the intersection fully
functional adhering to current CA traffic safe ty and
ADA standards to the s atisfaction o f the Director of
Engineering/Public Works.
1. Appurtenances include and are not limited to:
a. ADA audible pedestrian call buttons
b. Controllers
c. Cabinets
d. Poles
e. Mast arms
f. Signal heads
g. Signage
h. Traffic safety lights
i. Signal timing
j. Etc.
ii. Complete all traffic signal engineering, signal retiming and synchronization coordination modifications
necessary for local and regional signal operation.
iii. Replace existing pedestrian call buttons with ADA
audible pedestrian cal l buttons as approve by the
Director of Engineering/Public Works.
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iv. Replace the existing traffic safety lights with LED traffic safety lights as approve by the Director of
Engineering/Public Works.
v. Install the east pedestrian crosswalk with a ll related equipment and appurtenances.
vi. Construct a minimum 160-foot left lane turn pocket at the east side of East Palm Canyon Dri ve intersection
for west bound traffic to t urn left/southbound to enter the TPM’s Date Palm Drive entrance.
1. Left turn pocke t design and construction will
require the removal, relocation and restoration
of the existing med ian art work, signag e and
lighting system as approved by the Director of
Engineering/Public Works.
vii. Restripe eas t, west , south and north pedestrian
crosswalks and turn pockets to the sat isfaction of the Director of Engineering/Public Works.
viii. Construct and/or reconstruc t ADA p edestrian
sidewalk ramp s on th e south side of the East Palm
Canyon Driv e/Date Palm Drive intersection to
conform to Cal Trans A -88-A as approved by the
Director of Engineering/Public Works.
ix. Construct Date Palm Drive south of East Palm
Canyon drive to integrate with the proposed privat e
improvements of the TPM.
5. Date Palm Drive is a p ublic r oadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. Date Palm Drive is a public roadway and is designated as an Arterial Highway with a 126 ft. right of way (half street right of way is 63 feet).
b. Street measured at curb to curb shall have a minimum 94 ft. street width.
c. Along the TPM ’s Date Palm Drive frontage south of East Palm Canyon Drive reconstruct:
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i. Date Palm Drive to integrate with the proposed
private improvements of the TPM and maintenance to
be assu med by the Applicant under a Maintenance
Performance Agreement.
ii. Restripe all l anes, crosswalks and turning pockets, including legends to be shown on the TPM’s Plans to
the satisfactio n of the Director of Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing ad jacent improvements east and
west of the TPM to the satisfa ction of the Director of Engineering/Public Works.
iv. Non-compliant and/or bro ken r oadway and parkway
components such as, and not limited to: curb , gutter, sidewalk, a.c., ADA ramps, tra ffic control striping,
legends, L ED traffic con trol signs and street na me
signs to the satisfaction of the Director of
Engineering/Public Works . The City shall identify all
such areas prior to issuance of the Grading Permit.
ii. Phase II - Residential
1. Phase II - Residential improvements for the purp oses of th ese Conditions of Approval, will include the TPM’s frontages abutting and south of Phase I (Parcels 1 through 5 ), Phase II - Retail (Parcels 6 through 8), east along the East Cathedral Canyon Flood Control Channel’s west b ank, abutting and north of “D” Street and abutting and west of Van Fleet Street.
2. All Phase II - Residential improvements will b e completed by the Developer of Phase II - Residential prior to the issua nce of the first COO of Phase II - Residential and linked to the completion of the East Palm C anyon Drive frontage and East Palm Cany on
Drive/Van Fleet Street interse ction improvements within Phase II - Retail. Further, upon the completion of the purchase and/or sale of Parcel 9, the Developer of Ph ase 1 will initiate the design and construction of the aforementioned Phase II - Retail improvements (East Palm Canyon Drive frontage and East Palm Canyon
Drive/Van Fleet Street interse ction improvements ) and complete the improvements within eighteen (18) months of the sale date.
3. All future driveway, access points , street and right of way infrastructure currently not i dentified in Phase II - Residential are
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required to be su bmitted with the Phase II – Residential Developer’s application for the entitlement of Phase II - Residential (Parcel 9) and will be subject to additional Conditions of Approval.
4. “D” Street – Public roadway as sho wn on the Plans and per th ese Conditions of Approval shall include the following (to be completed in conjunction with the Phase II – Residential construction):
a. “D” Street is a p ublic roadway and is designated a s a residential ro adway with a 50 foot right of wa y (north from centerline is 30 feet and south from centerline is 20 feet).
b. Street measured cur b to curb shall have a 30-foot street width.
c. The existing cul-de-sac along the TPM ’s “D” Street Phase II frontage at the east end of “D” Street will be reconstructed as follows:
i. Existing curb, gutter, sidewalk and a.c. improvements will be removed and replac ed with new curb , gutter,
sidewalk and a.c. improvements as required for a
reduced configuration size, shap e and geometric
alignment matching Riverside Count y (RC) Standard
No. 800(A) to be shown on the TPM Plans as final
approved by the City Fi re Chief an d Director of
Engineering/Public Works.
d. Along the TPM ’s “D” Street Phase II fronta ge replace, rehabilitate and/or modify:
i. Apply Type II REAS (Rubberized Emulsion Aggregate
Slurry) from the gutter pan to the cente rline of
improvements to the satisfaction of the Director of
Engineering/Public Works.
ii. Restripe all lanes , c rosswalks and turning pocke ts, including legends to be shown on the TPM’s Plans to
the satisfaction of the Director of Engineering/Public
Works.
iii. Construct all street, curb and gutter to u niformly connect to existing ad jacent improvements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
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iv. Non-compliant and/or broken r oadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, tra ffic control striping,
legends, LED traffic control signs and street name
signs to the satisfaction of the Director of
Engineering/Public Works . The City shall identify all
such areas prior to issuance of the Grading Permit.
5. “D” Street Intersection (to be completed in conjunction with the Phase II – Residential construction):
a. D Street/Van Fleet Intersection:
i. Reconstruct the ADA pedestrian sidewalk ramp at the
southeast corner to conform to Cal Trans A -88-A
Case B Detail B as approved by the Director of
Engineering/Public Works.
6. Van Fleet Street – A public roadway as shown on the Plans and subject to t hese Conditions of Approval shall include the following (to be completed in conjunction with the P hase II – Residential construction):
a. Van Fleet is a public roadway and is designated as a collector with a 58 foot right of way.
b. Van Fleet centerline to east curb is 30 feet.
c. Along the TPM ’s Van Fleet Stree t Phase III frontage, rehabilitate and/or modify:
i. Apply Type II REAS (Rubberized Emulsion Aggregate
Slurry) from the gutter pan to t he ce nterline of
improvements to the satisfaction of th e Director of
Engineering/Public Works.
ii. Restripe all lanes , c rosswalks and turning pocke ts, including legends to be shown on the TPM’s Plans to
the satisfaction of the Director of Engineering/Public
Works.
iii. Construct all street, curb and gu tter to uniform ly connect to exi sting ad jacent imp rovements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
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iv. Non-compliant and/or broken r oadway and parkway
components such as, and not limited to: curb , gutter, sidewalk, a.c., ADA ramps, tra ffic control striping,
legends, L ED t raffic control signs and street name
signs to the satisfaction of the Director of
Engineering/Public Works. The City shall identify all
such areas prior to the issuance of a Grading Permit.
iii. Phase II - Retail
1. Phase II - Retail public improvements for the purposes of these Conditions of Ap proval will include the TPM ’s frontages abutting East Palm Canyon Drive to the north , abutting Phase I (Parcels 1 through 5) to the east , abutting Phase II – Residential to the south (Parcel 9) and excluding Parcel APN 687-207-004.
2. All Phase II - Retail improvements will be completed by the Applicant prior to the i ssuance of the first COO of P hase II - Retail.
Refer t o Phase II - Residential Conditions of Approval 4.43.A.ii.2) for completion of the East Pa lm Canyon Drive frontage improvements and East Palm Canyon Drive/Van Fleet Street intersection improvements within Phase II – Retail I if Phase II – Residential precedes Phase II - Retail.
3. East Palm Canyon D rive - Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. East Palm Canyon D rive is a public roadway and is
designated as an Arterial Highway with a 126 ft. right of way (half street right of way is 63 feet).
b. Street measured at curb to curb shall have a minimum 94 ft. street width. T he location of the south curb line shall be a minimum of 47 feet south of th e East P alm Canyon Drive centerline of improveme nts as ge nerally shown on the
TPM’s Plans.
c. From Van Fleet Street east to the east property line of Parcel 7 construct:
i. New sidewalk, curb , gutter and a.c. as part of stree t widening to connect t o existing sidewalk, curb, gutter and a.c. east of Parcel 7’s east property line, including and additional interim concrete taper tra nsition curb
designed, constructed and to be shown on the TPM’s
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Plans to the satisfaction of the Director of
Engineering/Public Works.
d. From the west property line of Parcel 6 e ast to the western portion of Parcel 5 construct:
i. New sidewalk, curb, gutter and a.c. as part of st reet widening to connect t o the existing sidewalk, curb,
gutter and a.c. to the west and east to the western
portion of Parcel 5 to be shown on the TPM’s Plans to
the satisfaction of the Director of Engineering/Public
Works.
ii. A ne w 30-foot-wide City Standa rd 200 -B drivew ay approximately 80 feet east of Parcel 6’s west property
line as generally shown on th e TPM’s Plans to the
satisfaction of the Director of Engineering/Public
Works.
e. In all areas where new curb and gutter is constructed as part of stree t wi dening and to b e shown on the TPM’s Plans along the East Palm Canyon Drive frontage:
i. Replace a.c. to a thickness per these Conditions of
Approval to the satisfaction of t he Director of
Engineering/Public Works.
ii. Grind an d overlay A minimum of 1 -inch a.c. to the centerline of improvements or less as approved by
the Directo r of Engine ering/Public Works to c reate
and/or maint ain a 2% crossfall to the adjacent curb
and gu tter and the exte nt of the grin d and overlay
meeting these requirements shall be identi fied on the
Civil Engineering Street Plans.
f. Along the entire East Pa lm Canyon frontage of Phase II - Retail:
i. Apply Type II REAS (Rubberized Emulsion Aggregate
Slurry) from the gutte r pan to the centerline of
improvements to the satisfaction of the Direct or of
Engineering/Public Works.
ii. Restripe a ll lanes , c rosswalks and turning p ockets, including legends as generally shown on the TPM’s
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Plans to the satis faction of th e Director of
Engineering/Public Works.
iii. Construct all street, curb and gutter to uniforml y connect to ex isting ad jacent improvements east and
west of the TPM to the s atisfaction of the Director of Engineering/Public Works.
iv. East Palm Can yon Drive frontage will be designated as “No Stopping” with signs posted as ap proved by
the Director of Engineering/Public Works.
4. East Palm Canyon Drive Intersection:
a. East Palm Canyon Drive/Van Fleet Street intersection:
i. Replace, protect in place/refurbish, relocate/refurbish (if meets curren t standards and approved by the
Director of Engineering/Public Works ) and/or instal l
new, all traffic signal equipment, lighting equipment
and all related appurtenances making the traffic signal fully operational at th e East Pal m Cany on Drive/Van Fleet Street intersection to make the in tersection fully functional adhering to current CA traffic safe ty and
ADA standards to the satisfaction o f the Director o f
Engineering/Public Works.
1. Appurtenances include and are not limited to:
a. ADA audible pedestrian call buttons
b. Controllers
c. Cabinets
d. Poles
e. Mast arms
f. Signal heads
g. Signage
h. Traffic safety lights
i. Signal timing
j. Etc.
ii. Complete all traffic signal engineering, signal retiming and synchronization coordination modifications
necessary for local and regional signal operation.
iii. Replace existing pedestri an call buttons with ADA audible pe destrian cal l b uttons as approve by the
Director of Engineering/Public Works.
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iv. Replace the existing traffic safety lights with LED traffic safety lights as approve by the Director of
Engineering/Public Works.
v. Restripe ea st, west , south and north pedestrian
crosswalks and turn pockets to the sati sfaction of the Director of Engineering/Public Works.
vi. Construct and/or recon struct ADA pedestrian
sidewalk r amps on th e sout h sid e of the East Palm
Canyon Drive/Allen Avenue intersection to conform to
Cal Trans A -88-A as approved by the Director of
Engineering/Public Works.
5. Van Fleet Street – A public roadway as shown on the Plans an d subject to these Conditions of Approval shall include the following:
a. Van Fleet Street is a public roadway and is designated as a collector with a 58 foot right of way.
b. Van Fleet Street centerline to east curb is 30 feet.
c. Along the TPM’s Van Fleet Stree t Phase II - Retail frontage, rehabilitate and/or modify:
i. Apply Type II REAS (Rubberized Emulsion Aggregate
Slurry) from the gutte r pan to the ce nterline of
improvements to the satisfaction of the Director of
Engineering/Public Works.
ii. Restripe a ll lanes , c rosswalks and turning pocke ts, including legends to be shown on the TPM’s Plans to
the satisfa ction of the Director of Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing ad jacent improveme nts east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. Non-compliant and/or broken r oadway and parkway
components such as, and not limited to: curb , gutter, sidewalk, a.c., ADA ramps, tra ffic control striping,
legends, L ED traffic control signs and street name
signs to the satisfaction of t he Director of
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Engineering/Public Works. City shall identify all such areas prior to the issuance of a Grading Permit.
6. Van Fleet Street Intersection:
a. Van Fleet Street/ ”A” Street in tersection (to be completed in conjunction with the Phase II – Retail construction):
i. Construct a 30-foot-wide Riverside County
Commercial Driveway - Standard No. 207A, to comply
with ADA standards as generally show o n the Plan s
to the sati sfaction of the Director of
Engineering/Public Works.
7. “A” Street Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. “A” Street is a public roadway and is designated as
commercial access roa dway with right of way that va ries from 40 to 45 feet and is 200 feet in length.
b. Street measured cur b to cu rb shall be a minimum 30-foot street width (“A” Street centerline to south curb is 14 feet and north curb 16 feet).
c. Along the TPM’s “A” Street frontage reconstruct:
i. The Phase II - Retail CC&Rs shall incorporate th e
ongoing maintena nce a nd upkeep of the street
improvements within the non-vacation public portion
of “A” Street, east of V an Fleet Street in a form as
approved by Director of Engineering/Public Works.
ii. Restripe a ll lanes , c rosswalks and turning pocke ts, including legends to be shown on the TPM’s Plans to
the satisfaction of th e Director of Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing ad jacent impro vements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. Non-compliant and/or broken r oadway and parkway
components such as, and not limit ed to: curb , gutter, sidewalk, a.c., ADA ramps, tra ffic control striping,
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legends, L ED traffic control signs and street name
signs to the satisfaction of t he Director of
Engineering/Public Works. The City shall identify all
such areas prior to the issuance of a Grading Permit.
4.42 Coordinate all public and private roadway imp rovements and driveway transitions with the ad jacent property owner and coordinat e relocation of fire hyd rants, water meters, storm drains, and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.43 Streets shall have A-6 or A-8 curbs per County of Riverside (RC) Standards, which will co nvey water with out ponding, and provide lateral contain ment of dust and residue during street sweeping operations.
4.44 Construct all concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.
4.45 Construct all appurtenant roadway comp onents such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traf fic control striping, legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.
4.46 The Developer shall design street pavement sec tions using C al Tra ns’s design procedure for 20-year life pa vement, and the site -specific data for soil strength and anticipated traffic loading (including construction traffic). Replace in kind or minimum structural sections, with asphalt placed in two lifts, shall be as follows:
East Palm Canyon Drive: In kind or minimum 5.5” a.c./6.5” class II base
D Street: 3.0” a.c./4.5” class II base
Van Fleet Street: 4.0” a.c./5.0” class II base
4.47 The Developer will cooperate with all adjacent develope rs and property own ers to assure that drainage, access and roadway designs are constructed to assure that all adjacent public works infrastructure is constru cted in a uniform manner as approved by the Director of Engineering/Public Works.
4.48 Curve Radii for curbs at all street intersections shall not be less than 35 feet or matching opposing ap proved corner curve r adii or as approved by the Director of Engineering/Public Works.
4.49 Right-of-Way ge ometry for property line corner cut-backs at curb returns shall conform to RC Standar d Drawing No. 80 5 unle ss otherwise appro ved by th e Director of Engineering/Public Works.
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4.50 The Developer will remove all existing lan dscaping, monuments an d/or structures that the Director of Engineering/Public Works determines to impair vehicle, bicycle and/or pedestrian line-of-sights along all the frontages associated wit h this TPM and to be shown on the Civil Engineering Plans for each phase.
4.51 The Developer will coordinate all publ ic an d private roadway improvements and driveway transitions with the adjacent property owners (public and/or private) and coordinate relocation of fire hydrants, water meters and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.52 The Developer shall construct all stre et, cu rb and gutter t o u niformly connect to existing adjacent improvements north, south, east and west of the TPM along the East Palm Canyon Drive, D Street, Van Fleet , A Street and Date Palm Drive frontages, respectively, to the satisfaction of t he Director of Engineering/Public Works prior to the issuance of the first COO of each phase.
4.53 Improvements shall be designed and constructed in accordan ce with City adopted standards, supplementa l dra wings and specifications, or as approved by the Director of Engineering/Public Works.
4.54 All public and pri vate improvements shall be s ubject to City r equirements for inspection during construction.
4.55 The City w ill conduct final inspe ctions of structures only when the buildings have improved street and sidewalk a ccess to publicly maintained street s. The improvements shall include required traffic control devices, pavem ent markings and street name signs.
IMPROVEMENT PLANS
As used t hroughout these Cond itions 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.
4.56 Improvement plans shall be prepared by or under the direct su pervision of qualified engineers and/or architects, as appropria te, and shall com ply with a ll requirements of the City of Cathedral City.
4.57 The following im provement plans shall be prepared and submit ted for review by the Engineering Department. A separate set of plans for each line item specified below, for eac h phas e, shall be prepa red. The plans shall uti lize the minimum scale s pecified, unless authoriz ed by the Direc tor of Engineering/Public Wor ks.
Plans may be prepared at larger scale if additional detail or plan clarity is desired.
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NOTE: Th e Developer may be required to prep are other impro vement plans not listed here pursu ant to imp rovements requi red by other ag encies and utility purveyors.
NOTE: All Plans will be prepared by a Civ il E ngineer li censed to practice their profession in the State of California.
A. On-Site Rough Grading Plan 1” = 40’ Horizontal
B. PM 10 Plan 1” = 40’ Horizontal plan 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: Rough Grading Plan shall no rmally 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. Precise Grading Plan 1” = 40’ Horizontal
F. On Site Storm Drain Plan 1” = 40’ Horizontal
G. Off Site Storm Drain Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical H. On Site Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical I. Off Site Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical J. Street Signing and Striping Plan 1” = 40’ Horizontal K. Signal Plan 1” = 40’ Horizontal
NOTE: E through K to be submitted concurrently.
NOTE: The stre et improvement plans sh all s how the sidewalk in the combined parkway and landscape setback area.
NOTE: Separate Storm Drain Plans are required.
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 P rofile Street P lans and Signing and Striping plan s shall sh ow 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 Str iping Plans sh all show, at a minim um; Stop Signs, Limit Lines and Le gends, No Parking Signs, Raised Pavemen t Markers (RPMs) (including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plan s an d/or as approved by the Direct or of Engineering/Public Works.
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4.58 The Developer shall f urnish acc urate Mylars of all improveme nt plan s to the Director of Engineering/Public W orks for approval. The improv ement plans shall be of a scale approved by the Director of Engineering/Public Works.
4.59 The Developer shall furnish a copy of all approved i mprovement plans on an electronic storage media acceptable to the Director of Engineering/Public Works.
4.60 Upon completion of construction and prior to final acceptance of the improvements by the City, the Developer shall furnish the City with reproducible r ecord drawings of all imp rovement plans which were approved by the City. Each sheet sh all be clearly marked “As Buil t” an d shall be stamped and sig ned by the engineer or surveyor certifyi ng to the accu racy and completenes s of the drawings. The Developer shall have all approved Mylars previously submitted to the City, revised to reflect the as-built conditions. The Developer shall employ or retain t he Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visit s in suppo rt of preparing “As Built”. H owever, if subsequent approved revisions have b een approved by the Director o f Engineering/Public Works and reflect said “As Bui lt” conditions, the EOR may submit a letter attesting to said fact to the Director of En gineering/Public Works in lieu of Mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
4.61 Prior to approval of the Final Parcel Map (FPM) and prior to the issuance of the first COO the Developer shall construct a nd dedicate all on and off -site improvements and satisfy its obligations f or same or shall furnish a fully secured and executed Public Works Completion Agreement guaranteeing the construction of such improvements and the satisfaction of it s obligations for same, or shall agree to any combination thereof, as may be required by the City.
4.62 A Public Works Completion Agreement is required prior to issuance of an Encroachment Per mit o r Building Permit, whichever is issued first . The Public Works Completion Agreement will be entered into by and between the Developer and the City of Cat hedral City, for the purpose of guaranteeing the completion of the public improvements related to this TPM and shall comply with al l applicable City Codes and Ordinances.
All required improvement securities shall be in a form and amount as approved by the City Attorney and Director of Engineering/Public Works. Evidence of liability and worker’s compensation insurance coverage shall be submitted as required by the terms of the Public Works Completion Agreement.
4.63 Prior to FPM approval the Developer shall submit for review and City approval Covenants, Conditions and Restrictions (CC&Rs) for the fut ure maintenance and upkeep of (and not limited to) stre et lighting (Street Light Covenant) , landscaping
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improvements, hardscape improvement s, retention basin improvements and T PM permanent site BMP appurtenances (Water Quality Management Plan Covenant).
Once approved by the City, Developer shall record the CC&Rs.
4.64 The Developer shall submit ap plicable deposi ts for the cost of reviewing the applicable Public Works Completion Agreem ent(s), Drainage Covenan t, Mutual Drainage Easements, Street Light Covenant, PM-10 Cleanup Mitigation Covenant and/or any other requests or form submittals made by the Developer related to this TPM.
4.65 Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements and shall provide for the setting of the final survey monumentation.
When improvements are phased through a “Phasing Plan,” all improvements (e.g., backbone utilities, retention basins, perimeter wall, la ndscaping a nd ga tes) shall be constructed, or secured through a Public Works Completion Agreement, prior to FPM approval or as otherwise approved by t he Director of Engineerin g/Public Works.
Improvements and obligations required of each subsequent phase shall be eit her complete, or secure d through a Subdivision Agreemen t, prior to the issuance of COO of permanent buildings within such latter phase, or as otherwise approved by the Director of Engineering/Public Works.
In the event the Developer fails to construct the improvements for the TPM or fails to satisfy it s oblig ations for the TPM in a timely mann er, pursuant th e approved Phasing Plan, the City shall have the right to h alt issuance of permits, and/or final inspections, withhold other approvals related to the d evelopment of the project, or call upon the surety to complete the improvements.
4.66 Depending on the timing of the developm ent of this TPM, a nd the sta tus of the improvements at the time, the Developer may be required to:
A. Construct certain improvements.
B. Construct additional improvements, subject to the reimb ursement of its cost by others.
C. Reimburse others fo r those improvem ents previously co nstructed that are considered to be an obligation of this TPM.
D. Secure the costs for future improvements that are to be made by others.
E. To agree to any combination of these means, as the City may require.
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If any of the i mprovements required for this deve lopment are constructed b y the City, the Developer shall, prior to the approval of the F PM for each phase, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements.
If the Developer elects to utilize the secured agreement alternative, t he Developer shall submit detailed construction cost estimates for all propose d improvements for each phase, including an estimate for the final su rvey monumentation, for checking an d approval by t he Director of Engineering/Public Works. Such estimates shall conform to the unit costs schedule as approved by the Director of Engineering/Public Works.
At the time the Developer submits its detailed con struction cost est imates for approval of the FPM by the City Council, the Developer shall also submit an electronic PDF copy of an 8-1/2” x 11” reduction of each page of the FPM, along with an electronic PDF copy of an 8-1/2” x 11” Vicinity Map.
Estimates for improveme nts under the jurisdi ction of other agencies shall be approved by those agencies and submitted to the City along with the Developer’s detailed cost estimates.
Security w ill not be requi red f or telephone, natural gas, or Cable T.V. improvements.
4.67 The Developer shall provide security to guarantee the final monumentation of this TPM. All securitie s for fi nal surve y monumentat ion will be in the f orm of 100% cash deposits.
GRADING
4.68 The Developer shall comply with all the provisions of Cathedr al City Munici pal Codes and Ordinances.
4.69 The Developer shall obtain a Grading Permit approved by the Direct or of Engineering/Public Works prior to initiating any construction or on the TPM site.
4.70 To o btain an approved Grading Permit, the Developer shall s ubmit and obta in approval of all of the following:
A. A G rading Plan p repared by a civ il enginee r registered in the S tate of California,
B. A preliminary geotec hnical (“Soils”) Re port prepared by a profess ional registered in the State of California,
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C. A Fugitiv e Dust Control Plan prepared in acc ordance with Ci ty of Cathedral City requirements,
D. An Erosi on Control Pl an prepared in ac cordance wit h City of Cathedral City requirements,
E. A Best Management Practi ces report prepared in accordance with Cathedral City r equirements (N PDES Stormwater Disch arge Permit and Storm Management and Discharge Controls),
F. A WQMP prep ared by an aut horized professional registered in the State of California, and
G. If applicable, a Conditional Letter of Map Revision – Fill (CLOMR-F) issued by the Federal Emergency Mana gement Agency ( FEMA). If the Appl icant is not securing a CL OMR the Appli cant must verify that the entire P roject limits are outside a FEMA design ated Flood Hazard Are a and/or Area of Flood Hazard Risk as designated by th e latest approved F EMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.
4.71 All grading shall conform with the reco mmendations contained in the Preliminary Soils Report, P hase 1 Environmental Assessment report and shall be cer tified as being ad equate by the soi ls engineer, or engineering geologist registered it the State of California.
4.72 A statement shall appear on the Rough and Precise Grading Plan and FPM that a soils report has been prepared in accordance with the California Health and Safety Code § 17953 and California Government Code § 66490.
4.73 The Developer shall furnish security, in a for m acceptable to the Cit y, and in a n amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as s ubmitted w ith its application for a Grading Permit .
Additionally, the Developer shall replenish said security if expended by the City of Cathedral City to comply with the Fugitive Dust Contr ol Plan as required by the Director of Engineering/Public Works.
4.74 The Developer shall maintain all o pen graded, und eveloped land in order to prevent wind and/o r water erosion of such land. All ope n 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.
4.75 Grading within th e par kway areas shall conform to Cathed ral Ci ty requi rements except as ot herwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape se tback area , except for the back slo pe (i.e., the slope at the back of the landsc aped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to
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the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six fee t (6’) of the c urb, otherwise the maximum slo pe w ithin the right of way sh all not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be dep ressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.
4.76 Building p ad elevations o n the Rough or Precise Gradi ng Pla n submitte d for Director of Engineering/Public Works’ approval shall conform to the pad elevations shown on the impro vement plans, unless the pad elevations have other requirements imposed elsewhere in the Conditions of Approval.
4.77 Building pad eleva tions of perimet er lots shall n ot diffe r by mo re than one foot higher fro m the building pads in adjacent deve lopments. The Developer shall minimize the differences in elevation between t he adjoin ing properties an d this Project.
4.78 Prior to any site grading or re-grading that will raise any portion of the site by more than plus o r minus half of a f oot (0.5’) from t he elevation s hown on the approved Grading Plans, the Developer shall submit the proposed grading change s to the Director of Engineering/Public Works for a substantial conformance review.
4.79 Prior to th e issuance of a Building Permit for any building, the Developer shall provide a parcel Pad Certification stamped and signed b y a quali fied engineer or surveyor with applicable compaction tests and over e xcavation docume ntation.
Each pad cert ification shal l list the pad eleva tion as shown on th e approved Grading Plan, the actual pad elevation and the difference between the two, if any.
Such Pad Certification shall also list th e relative compaction of the pad soil. The data shall be o rganized by parcel number and li sted cumulatively if submitte d at different times.
4.80 This FPM shall comply with the Cathedral City Floodplain Management Ordinance.
If any portion of any propose d bu ilding parcel in the FPM is or may be locate d within a Flood Hazard Area as identified on the City’s Flood Insurance Rate Maps (FIRM Maps), the develop ment shall be graded to ensure that all floors and exterior fill (at the foundation) are a bove the le vel of the project (100 -year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Sect ion 6 45.5(a) (6). Prior to issuance of building permit s for parcels whic h are so located, the Applic ant shall furnish Elevation Certifications, as r equired by FEMA , th at the abov e c onditions have been met.
DRAINAGE
4.81 Stormwater handling shall confo rm to the a pproved Hydrology and Dra inage Report for the TPM . The design of th e Project shall n ot cause any in crease in flood boundaries, levels or frequencies in any area outside the development.
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4.82 Incremental increase s in s tormwater and n uisance wat er (drain age) shall be retained on site and shall be d isposed of in an approved manner. Nuisance water shall be dis posed o f via on -site storm drains, new and e xisting catch b asins, underground percola tion p iping chambers, dry wells and ret ention basin(s) as approved by the Director of Engineering/Public Works.
4.83 All drai nage water shall b e conveyed underg round to the sa tisfaction of the Director of Engineering/Public Works.
4.84 Storm water drain age histor ically received from adjoining properti es sh all be received and retained and/or passed though into the historic downstream drainage relief route.
4.85 The Developer shall comply with applicable provisions for p ost construction runoff per the City’s N PDES Stormwater Discharge Permit; Riverside Count y Ordinance No. 457; the Californian Regional Water Quality Cont rol Board – Colorado River Basin (CRW QCB-CRB) Regional Board Order No . R7 -2013-0011 and the State Water Resources Control Board’ s Order No. 200 9-009-DWQ, Order No. 2010 - 0014-DWQ and Order No. 2012-0006-DWQ.
A. For post -construction, urban runoff from New Dev elopment and Redevelopment Projects, the Developer shall implement re quirements of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance o f BMP s per the approved W ater Qua lity Management Plan (WQMP) for the project as req uire by the Califo rnia Regional Wat er Quality Cont rol Bo ard – Colorado River Basin ( CWQRCB- CRB) Region Board Order No. R7-2013-0011.
B. The Developer shall implement the WQMP Design Standards per (CR WQCB- CRB) Region Board Order No. R7 -2013-0011 utilizing BMPS approved by the Director of Engineering/Public Works.
UTILITIES
4.86 The Developer shall obt ain the approva l of the Direct or of Engi neering/Public Works for the location o f all utility lines withi n a ny ri ght-of-way, and all above - ground utility structure s including, but n ot limited to, tr affic signal ca binets, electrical vaults, water v alves, and telephone stan ds, to ensure o ptimum placement for practical, ADA and aesthetic purposes.
4.87 Any existing overhead utility lines and overhead under -burden within, o r adjacent to the proposed developm ent, and all pr oposed utilities shall be installe d underground per the utility purveyor standards and as approved by the Director of Engineering/Public Works.
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4.88 All proposed new utilities shal l be insta lled underground p er the utility purv eyor standards and as approved by the Director of Engineering/Public Works.
4.89 Underground ut ilities shall b e installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the Developer shall comply with trench restora tion requirements required by th e Director of Engineering/P ublic Works.
4.90 The Developer shall provi de certi fied reports of a ll utility trench compaction for approval by the Director of Engineering/Public Works.
4.91 All facilities within the TPM shall be served with a gravity sanitary sewer system, a domestic water system and a fire protection system in accordance with DWA and City of Cathedral City Fire Department requirements and standard s. The Developer shall pay to the City and DWA all applicable sewer and wate r service charges, capacity charges and construction reimbursements to ensure all services are complete, in place and operational prior to the respective COO being issued.
4.92 The Developer shall abandon or relocate existing easements over TPM prior to the recordation of the TPM as required by the agency and/or individual favored and as approved by the Director of Engineering/Public Works. Additionally, the Applicant shall relocate existing utility f acilities that are required by all u tility purveyors prior to issuance of the first building permit or as approved by the Di rector of Engineering/Public Works.
SECTION 5 FIRE PROTECTION
This project has been reviewed as a Group A and M development, any other use will require further review.
Unless specifically stated herei n, these conditions shall not be construed to permit or allow deviation from any Federal or State la ws nor any of the local codes and ordinances ado pted by this juris diction. Please contact the City of Cathedral City Fir e Department for any questions rega rding compliance with the applicable codes or following conditions:
Note: All references to the 2019 California Fire Code are shown as CFC, the 2019 California Building Code is shown as CBC and the California Code of Reg ulations are shown as CCR.
AGENCY APPROVALS
5.1 The Final Conditions of Approval for this project shall be included in any site plan or construction plans submitted for permit issuance. Plans will not be approved without reference to these “conditions”.
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5.2 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).
FIRE ACCESS
5.3 A Fire lane of twenty feet of unobst ructed width is required throughout the development. Fire lanes shall be designed and maintained with a vertical clearance of 13 feet, 6 inches.
5.4 Fire lanes shall be constructed per CFC Section 503.
5.5 "No Parking - Fire L ane" signs, red curbing, street sig ns and/or other required markings shall be provided to the specifications of the Cathedral City Fir e Department in accordance with the CFC, Section 503.3 and Californ ia Vehicle Code Section 22500.1.
FIRE PROTECTION
5.6 Fire service water supply shall be provided per CFC, Section 507.
5.7 Automatic Fire Suppression systems shall be provided in all Group A occupancies, and where required per CFC, Chapter 9 , a nd Cathedral City Fire Dept.
Development Guidelines.
MISCELLANEOUS
5.8 Future buildings within the development shall be designed with all required fire service features per the CFC and Cathedral City Fire Dept. Development Guidelines.
SECTION 6 BUILDING DEPARTMENT
6.1 The project shall comply with the latest adopted edition of the following codes as applicable:
A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
6.2 Automatic fire suppression systems shall be installed in all new construction per Chapter 8.12 of the Municipal Code of the City of Cathedral City . Design and
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type of system shall be based upon the re quirements o f the Building and Fire Codes and the requirements of the Cathedral City Fire Department.
6.3 The requirements o f the Air Quality Management District shall be satisfied prior to the issuance of any permit if dust and/or pollutants will be discharged into the atmosphere.
6.4 Any te mporary building, trailer, co mmercial coach, etc. inst alled and/or used in connection with a construction project shall comply with City Code.
6.5 All perime ter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the o uter/exterior face of the wall shall be within two (2) inches of the lot line.
Distances greater t han two (2) inches may be approved pr ior to construction by the Building Official on a case by case basis for extenuating circumstances.
6.6 All lot lines, ease ment lines, etc. shall be located an d/or relocated in such a manner as to not cause any existing s tructure to become non -conforming with the requirements of the latest adopted edition of the Building Co de, or any other applicable law, ordinance, or code.
6.7 The Parcel map shall be recorded prior to the issuance of any permits.
6.8 All signs shall be Underwriters Laboratories approved, or equal.
6.9 Permits are required prior to the removal and/or demolition of an structures.
6.10 In addition to approval from Building & Sa fety, approval is required from the County of Riverside, Department of Public Health for occupancies involving foods and beverages.
6.11 All exterior lighting shall be orient ed, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
6.12 The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project:
A. Precise grading plans shall be approved
B. Rough grading completed
C. Compaction certification
D. Pad elevation certification
E. Building location certification
F. Rough grade inspection signed off by City Public Works/Engineering General Comments
6.13 A Construction Waste Management Plan (CWMP) will be required at time of plan check submittal.
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6.14 Separate permits will be issu ed for structures that are not a part of the building.
For example, the trash enclosure, the parking lot light standards, etc. Separate permit(s) will also be required for any signage that is and isn’t part of the building.
Construction plans and details will be required for all these items.
6.15 For more information rela ted to Building & Safety, please visi t our website at https://www.cathedralcity.gov/services/building-and-safety.
Approved for Planning Entitlements by the Cathedral City City Council on September 14, 2022.
Attest:
___________________________ ___________________________ Robert Rodriguez Applicant
Director of Planning/Building
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B STREETC STREET
200' FLOOD CONTROL CHANNEL
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EAST PALM CANYON DRIVE
EAST PALM CANYON DRIVE
EXISTING RETAIL SHOPPING CENTER
(328)
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AGUA CALIENTE CASINO
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EAST PALM CANYON DRIVE
1 EAST PALM CANYON
ROAD
EAST PALM CANYON ROAD
CATHEDRAL CANYON DRIVE
DINAH SHORE DRIVE
DA VALL DRIVE
S. GENE
AUTRY TRAIL
BOB HOPE
DRIVE
MONTEREY
AVENUE
INTERSTATE 10
GERALD FORD DRIVE
FRANK SINATRA DRIVE
COUNTRY CLUB DRIVE
VICINITY MAP
NTS
UTILITY PURVEYORS
ELECTRICITY
SOUTHERN CALIFORNIA EDISON
36100 CATHEDRAL CANYON DRIVE
CATHEDRAL CITY, CA 92234
PHONE: 1-800-655-4555
GAS
THE GAS COMPANY
211 NORTH SUNRISE WAY
PALM SRINGS, CA 92262
PHONE: 1-800-427-2200
WATER
DESERT WATER AGENCY
1200 S GENE AUTRY TRAIL
PALM SPRINGS, CA 92264
PHONE: 1-760-323-4971
SEWER
CITY OF CATHEDRAL CITY
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
PHONE:1-760-770-0340
CABLE
FRONTIER COMMUNICATIONS
295 N SUNRISE WAY
PALM SPRINGS, CA 92262
PHONE: 1-800-921-8101
&
SPECTRUM
440 EL CIELO ROAD, SUITES 9&10
PALM SPRINGS, CA 92262
PHONE: 1-760-764-5313
TELEPHONE
FRONTIER COMMUNICATIONS
295 N SUNRISE WAY
PALM SPRINGS, CA 92262
PHONE: 1-800-921-8101
SITE MAP
CIVIL ENGINEER
DAVID EVANS & ASSOCIATES
18484 OUTER HIGHWAY 18 N, SUITE 225
APPLE VALLEY, CA 92307
CONTACT: SHANE SCHUBERT
PHONE:(760) 524-9124
EMAIL:[email protected]
SOILS ENGINEER
SALEM ENGINEERING GROUP, INC.
8711 MONROE COURT, SUITE A
RANCHO CUCAMONGA, CA 91730
CONTACT:CLARENCE JIANG, GE
PHONE:(909) 980-6455
LEGEND
SLOPE
CENTERLINE
PROPERTY LINE
TOE
PL
LC
TOP
STREET LIGHT
STREET SIGN
FENCE
PEDESTAL
WALL/PLANTER
EXISTING VALVE
EXISTING FIRE HYDRANT
POWER POLE
RIGHT-OF-WAY
DIRT TRAVELED WAYDirt Traveled Way
GUY WIRE
FUTURE IMPROVEMENTS
EDGE OF PAVEMENT
APN
USE
ZONE
TITLE SHEET
SITE MAP
SHEET INDEX
NUMBER SHEET TITLE
1 TITLE SHEET SITE MAP
2 CONCEPT WET UTILITY PLAN
3 CONCEPT GRADING AND DRAINAGE PLAN
4 GRADING SECTIONS
5 GRADING SECTIONS
6 GRADING SECTIONS
7 CONCEPT LANDSCAPE PLAN
8 CONCEPT LANDSCPAPE PLAN
9 CONCEPT LANDSCAPE PLAN
PROJECT SITE
SHEET TITLE:
SWC EAST PALM CANYON DRIVE & DATE PALM DRIVE
CATHEDRAL CITY, CALIFORNIA
SCALE: 1'=40'
DATE: May 09, 2022
®
Phone: 760.524.9100
Apple Valley, California 92307
18484 Outer Highway 18 N, Suite 225
SHEET NO: OF 9
LEGAL DESCRIPTION:
LOT 134, 166 THROUGH 173, INCLUSIVE , LOT "X" AND PORTION OF LOTS 132, 135, 213, 214, LOT W, "A" STREET, "B" STREET OF CATHEDRAL CITY ON THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 24, 25, AND 26 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND PARCEL 1 OF PARCEL MAP NO. 32932, BOOK 217, PAGES 7 THROUGH 10, INCLUSIVE OF PARCELS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 687-500-001, 003, 006 THROUGH 012, 014, AND 018 THROUGH 020, AND 687-207-003 & 006
APPLICANT/DEVELOPER:
FOUNTAINHEAD SHRUGGED, LLC
1401 QUAIL STREET, SUITE 100
NEWPORT BEACH, CA 92660
CONTACT: FRANCIS CHU
[email protected]
(949)752-2515
OWNER OF RECORD:
CITY URBAN REVITALIZATION CORP.
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
CONDITIONS OF APPROVAL PHASING MAP
CATHEDRAL COVE CENTER
DATE PALM DRIVE
SEE ABOVE FOR CONTINUATION
DATE PALM DRIVE
IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
DATE PALM DRIVE
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CITY OF CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 770-0340
ENVIRONMENTAL INITIAL STUDY
Project Title: Cathedral Cove Center
Project No: Planned Unit Development No. 21-001
Tentative Parcel Map 37876
Conditional Use Permit No. 21-006, 21-007, 21-008 & 21,009 Design Review No. 21-001, 21-002 and 21-003
Zoning Ordinance Amendment No. 21-001
Master Sign Program No. 22-019
Lead Agency
Name and Address: City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0340
Applicant: Fountainhead Shrugged, LLC
1401 Quail Street, Suite 100
Newport Beach, CA 92660
(949) 752-2515 ext. 509
Contact Name: Francis Chu
Contact Person: Robert Rodriguez, Director of Planning (760) 770-0344
[email protected]
Project Location: The southwest corner of East Palm Canyon Drive (Highway 111) and Date Palm Drive in the City of Cathedral City (APN #: 674-500-038, 687-500- 001, -003, -006 through -012, -014, and -018 through -020, and 687-207- 003 and -006)
General Plan Designation: Downtown Commercial
Zoning Designation: Mixed Use Commercial (MXC) and
Downtown Residential Neighborhood (DRN)
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Table of Contents
PROJECT DESCRIPTION ......................................................................................................................4 MITIGATION MONITORING AND REPORTING PROGRAM ................................................... 15 ENVIRONMENTAL CHECKLIST ..................................................................................................... 19 I. AESTHETICS ............................................................................................................................. 22 II. AGRICULTURE AND FORESTRY RESOURCES .................................................................. 26 III. AIR QUALITY ........................................................................................................................... 28 IV. BIOLOGICAL RESOURCES .................................................................................................... 34 V. CULTURAL RESOURCES ........................................................................................................ 38 VI. ENERGY ..................................................................................................................................... 42 VII. GEOLOGY AND SOILS ............................................................................................................ 44 VIII. GREENHOUSE GAS EMISSIONS ........................................................................................... 49 IX. HAZARDS AND HAZARDOUS MATERIALS ....................................................................... 54 X. HYDROLOGY AND WATER QUALITY ................................................................................ 59 XI. LAND USE AND PLANNING .................................................................................................. 64 XII. MINERAL RESOURCES ........................................................................................................... 66 XIII. NOISE ......................................................................................................................................... 67 XIV. POPULATION AND HOUSING ............................................................................................... 71 XV. PUBLIC SERVICES ................................................................................................................... 73 XVI. RECREATION ............................................................................................................................ 76 XVII. TRANSPORTATION ................................................................................................................. 77 XVIII. TRIBAL CULTURAL RESOURCES ........................................................................................ 84 XIX. UTILITIES AND SERVICE SYSTEMS .................................................................................... 86 XX. WILDFIRE .................................................................................................................................. 90 XXI. MANDATORY FINDINGS OF SIGNIFICANCE .................................................................... 92
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Appendices (Available at City for review)
Appendix A Air Quality CalEEMod Outputs
Appendix B Update to Cultural Resources Study
Appendix C Geophysical Anomaly Investigation Report
Appendix D Geotechnical Engineer Investigation
Appendix E Noise Impact Analysis
Appendix F Phase I Environmental Site Assessment
Appendix G Traffic Analysis
Tables
Table 1 Multi-Tenant SWC Palm Canyon Drive & Date Palm Drive Land Uses ................................. 5 Table 2 Maximum Daily Construction-Related Emissions Summary (pounds per day) ..................... 30 Table 3 Maximum Daily Operational-Related Emissions Summary (pounds per day) ...................... 31 Table 4 Localized Significance Thresholds Emissions (pounds per day) ........................................... 32 Table 5 Projected GHG Emissions Summary ...................................................................................... 51 Table 6 Consistency with Applicable .................................................................................................. 52 Table 7 Water Demand at the Project Buildout ................................................................................... 61 Table 8 Project Student Generation ..................................................................................................... 75 Table 9 Intersection Analysis Locations .............................................................................................. 78 Table 10 Existing (2021) Intersection Delay and Levels of Service ..................................................... 78 Table 11 Intersection Analysis for EAPC (2023) Conditions................................................................ 79 Table 12 Intersection Analysis for GPBO (2040) With Project Conditions .......................................... 80 Table 13 Estimated Solid Waste Disposal at the Project Buildout ........................................................ 89
Exhibits
Exhibit 1 Regional Location Map............................................................................................................. 8 Exhibit 2 Vicinity Map ............................................................................................................................. 9 Exhibit 3 Area Location Map ................................................................................................................. 10 Exhibit 4 Project Planning Area ............................................................................................................. 11 Exhibit 5 Project Site Plan ...................................................................................................................... 12 Exhibit 6 Tentative Parcel Map No. 37876 ............................................................................................ 13 Exhibit 7 Typical Building Elevations ................................................................................................... 14
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PROJECT DESCRIPTION
Purpose of the Initial Study:
The City of Cathedral City, as Lead Agency under the California Environmental Quality Act (CEQA), is preparing an Initial Study (IS) for the proposed Cathedral Cove Center Project, including a Planned Unit Development, Conditional Use Permit, Design Review, Tentative Parcel Map , and Zone Ordinance Amendment. These components are referred to as “the Project” or “the proposed Project” in this document.
This Initial Study evaluates the potential environmental impacts associated with implementation of the proposed Project. The Initial Study has been prepared in accordance with CEQA, Public Resources Code Section 21000 et seq., State CEQA Guidelines, and the City of Cathedral City CEQA Environmental Procedures, and serves as the basis for the preparation of a
Project Location:
The Project is located on approximately 13.93 acres of land on the southwest corner of East Palm Canyon Drive (Highway 111) and Date Palm Drive in the City of Cathedral City, in the Coachella Valley region of Riverside County (Exhibits 1 through 4).
General Plan and Zoning:
The Project site is designated as Downtown Commercial on the City’s General Plan Land Use Map, which support the zoning designations of Downtown Residential Neighborhood (DRN) and Mixed-Use Commercial (MXC) assigned to the Project site. This designation provides for a variety of commercial centers, ranging from storefront scale buildings and office space, to lodging and entertainment establishments. Permitted land uses for Mixed -Use Commercial include a mix of residential, u p to 45 dwelling units per acre, commercial retail, office and public gathering spaces. Uses may be mixed either horizontally or vertically, with an emphasis on commercial and allowing “big box” development.
The City’s Zoning Map designates the northern portion of the Project site along East Palm Canyon Drive (Highway 111) as Mixed-Use Commercial (MXC), and the southern portion as Downtown Residential Neighborhood (DRN), allowing 36 DU/AC for lots greater than 42,000 square feet.
According to the Cathedral City Municipal Code Section 9.31.040, when multiple parcels are part of a single development, and the zoning for the development is a mixture of MXC and DRN, the provisions of either zone shall apply to the entire project area. Therefore, the proposed Project land uses will not conflict with the boundary between DRN and MXC in the Zoning Map pending confirmation by the Planning Commission at the time of Project approval.
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Project Description:
The Project site consists of 15 irregular shaped lots (Assessor’s Parcel No. 674-500-038, 687-500-001, -003, -006 through -012, -014, and -018 through -020, and 687 -207-003 and -006). Currently, the Project site is undeveloped and bounded by East Palm Canyon Drive (Highway 111) on the north, Van Fleet Avenue on the west, D street on the south, and the East Cathedral Canyon Flood Control Channel on the east. The Project site is contiguous and owned by the City except for a shared driveway with an existing commercial building on the northwest corner between Parcel 7 and Parcel 8 . The proposed Parcel 7 is currently paved with some designated parking spaces.
The Project consists of a mix of commercial and residential uses , including restaurants, retail, a convenience market and fueling station, and multi-family residential. The commercial portion of the Project will be developed in two sequential phases. Phase I is 4.4 acres comprised of three (3) restaurant/coffee shops with drive-through services totaling 7,525 square feet (SF), a 12-pump gasoline station with 3,700 SF convenience market, and a 6,650 SF multi-tenant retail building. Phase II is 1.4 acres comprised of two (2) multi-tenant retail/restaurant building totaling 6,500 SF. Sufficient surface parking stalls are proposed for the commercial portion of the Project site (Table 1). The remaining 8.05 acres are for a future multi-family residential development of up to 200 units, which is a 25- dwelling unit per acre density ; however, precise plans have not yet been prepared and this portion of the Project site will remain vacant until such plans are prepared and approved by the city. General assumptions have been made for the 200 multi-family units to analyze potential impacts of the future development.
The commercial development will consist of single-story, mostly free-standing buildings, each provided with adjacent parking spaces. The commercial buildings are proposed to be 22 to 29 feet in height (t o parapet). The residential units are assumed to be two- and three-story townhomes or stacked flats not to exceed the maximum allowed height in the DRN zone of 36 feet.
Table 1
Multi-Tenant SWC Palm Canyon Drive & Date Palm Drive Land Uses Phase Parcel Area Building SF Use Stalls Required Stalls Provided
I
Parcel 1 37,211 SF 1,900 SF Restaurant 1/333 SF = 6 18 Parcel 2 34,866 SF 6,650 SF Retail 1/333SF = 20 37
Parcel 3 27,777 SF 2,325 SF Restaurant 1/333 SF = 7 19 Parcel 4 46,060 SF 3,300 SF Restaurant 1/333 SF = 10 32 Parcel 5 46,268 SF 3,700 SF C-Store 1/250 SF = 15 27
II
Parcel 6 36,957 SF 4,000 SF Restaurant 1/333 SF = 12 23 Parcel 7 10,255 SF 2,500 SF Restaurant 1/333 SF = 8 0 Parcel 8 13,896 SF Parcel 7 Parking - 11
Total 253,290 SF 24,375 SF - 78 170
The proposed Project includes a Planned Use Development (PUD) application, Conditional Use Permits (CUP), Tentative Parcel Map (TPM 37876), Zone Ordinance Amendment, and Design Review). A PUD is a comprehensive development plan that allows flexible planning and modifications of the requirements of the underlying zone to accommodate the Project. Specifically, the PUD will establish phased development of the eight commercial parcels located on the northern 5.8-acres of the 13.93- acre site, and a multi-family residential development on the remaining 8.05 acres. The CUPs are for
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two restaurants with drive-throughs, a coffee shop with a drive-through, a gas station with convenience market, and Type 21 alcohol sale Public Convenience and Necessity determination. The TPM will subdivide the site into 9 parcels to allow for the proposed mix of uses (retail, fuel sale, residential etc.).
The Zoning Ordinance Amendment proposes text amendments to the Mixed-Use Commercial (MXC) district and the Downtown Residential Nei ghborhood (DRN) district to allow the proposed land uses be developed without conflicting with the zoning designations. The Design Reviews are specific to the commercial portion of the Project. Future plans for the residential portion of the Project will be required to undergo a separate design review prior to approval.
Access and Circulation:
A total of four two-way access points are proposed for the commercial portion of the Project. There are three two-way access points on East Palm Canyon Drive (Highway 111) and one two-way access point on Van Fleet Avenue. Specifics about access to the future residential portion of the Project are currently unknown, however access will likely be taken from D Street and/or Van Fleet Avenue . An existing street (A Street), connected to Van Fleet Avenue and East Palm Canyon Drive (Highway 111), passes through the northwest corner of the subject property and provides two of the access points . With proposed modifications, this street will continue to provide two-way access to the subject property from Van Fleet Avenue and East Palm Canyon Drive and also serve as a rear access for the existing commercial building located at 68783 East Palm Canyon Drive. The main access points to the commercial portion of the Project will be from East Palm Canyon Drive at the existing Allen Avenue intersection where there are existing curb cuts and a right-in turn/straight thru lane into the Project site, and the Date Palm Drive intersection, which is planned for extension. Both existing intersection traffic signals will provide four-way traffic control at build out.
Utilities and Service Providers
The following agencies and companies will provide service to the Project site:
1. Sanitary Sewer: Desert Water Agency
2. Water: Desert Water Agency
3. Electricity: Southern California Edison (SCE)
4. Gas: Southern California Gas Company
5. Telephone: Frontier; Spectrum
6. Storm Drain: City of Cathedral City
7. Waste and Recycling: Burrtec
Environmental Setting and Surrounding Land Uses
The subject site is currently undeveloped except the northwest corner, which includes a paved area including a street and parking spaces; the balance of the site has been graded and contains sparse native vegetation. The subject site sits on generally flat terrain that gently slopes to the north. Land uses nearby and adjacent to the site include:
North: Agua Caliente Casino located at the northwest corner of East Palm Canyon Drive and Date Palm Drive. Commercial development (Cathedral Gateway Plaza) with restaurants, retail space, parking lot, and small parcel of vacant land at the northeast corner of East Palm Canyon Drive and Date Palm Drive.
South: Residential development south of D Street and west of the East Cathedral Canyon Flood Control Channel, and the San Jacinto Mountains southeast of the channel.
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West: Residential development with embedded vacant lands and an auto parts store.
East: Santa Rosa Mountain foothills and East Cathedral Canyon Flood Control Channel Other public agencies whose approval is or may be required (e.g., permits, financing approval, or participation agreement.)
Desert Water Authority.
Regional Water Quality Control Board (RWQCB).
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Attachment: Attachment 5 - Initial Study/Mitigated Negative Declaration (3397 : PUD 21-001 Cathedral
P R O J E C T
S I T E
E . P a l m C a n y o n D r
E . P a l m C a n y o n D r
B S t r e e t
A S t r e e t
G r o v e S t
C o v e L n
C S t r e e t
D S t r e e t
E S t r e e t
F S t r e e t
S a n J a c i n t o R d
D a t e P a l m D r
M o n t y H a l l D r
A l l e n A v e
W . B u d d y R o g e r s A v e
W . B u d d y R o g e r s A v e
A v e L a l o G u e r r e r o
H i l l e r y R d
G r o v e S t
D a w e s S t
G l e n n A v e
V a n F l e e t S t
E x h i b i t
C a t h e d r a l C o v e C e n t e r
P r o j e c t P l a n n i n g A r e a
C a t h e d r a l C i t y , C a l i f o r n i a
4 S o u r c e : G o o g l e E a r t h , 2 0 2 0
0 4 . 2 2 . 2 2
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5 0 3 . 1 5 . 2 2
C a t h e d r a l C o v e C e n t e r
P r o j e c t S i t e P l a n
C a t h e d r a l C i t y , C a l i f o r n i a
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6 0 3 . 1 5 . 2 2
C a t h e d r a l C o v e C e n t e r
T e n t a t i v e P a r c e l M a p N o . 3 7 8 7 6 C a t h e d r a l C i t y , C a l i f o r n i a
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Attachment: Attachment 5 - Initial Study/Mitigated Negative Declaration (3397 : PUD 21-001 Cathedral Cove Center) S o u r c e : B i c k e l G r o u p A r c h i t e c t u r e , 2 0 2 1 E x h i b i t
7 0 5 . 1 8 . 2 1
C a t h e d r a l C o v e C e n t e r
T y p i c a l B u i l d i n g E l e v a t i o n s
C a t h e d r a l C i t y , C a l i f o r n i a
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Mitigation Monitoring and Reporting Program
Impact Mitigation Measures Impact
After
Mitigation
Responsible and
Reporting Party
Schedule
Biological Resources
a) Have a substantial adverse
effect, either directly or
through habitat
modifications, on any
species identified as a
candidate, sensitive, or
special status species in
local or regional plans,
policies, or regulations, or
by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
BIO-1 A qualified biologist shall conduct two (2) take avoidance pre-construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground
disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine
what course of action is needed, such as the use of
exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of be ing impacted by implementation of the project.
BIO-2 For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between January 15th and August 31st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist,
immediately prior to initiation of project -related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest(s) until the yo ung birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally
recommends avoidance buffers of about 500 feet for birds- of-prey, and 100 – 300 feet for songbirds. If ground
disturbance occurs outside t he nesting season, this
requirement shall be waived.
Less than
Significant
Project applicant,
qualified project
biologist, Planning
Department.
Prior to the issuance
of any permit to
allow ground
disturbance on the
site, the Project
Proponent shall
furnish the City with
pre-construction
surveys for
burrowing owl and
MBTA covered
birds.
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Mitigation Monitoring and Reporting Program
Impact Mitigation Measures Impact
After
Mitigation
Responsible and
Reporting Party
Schedule
Cultural Resources/Tribal Cultural Resources
a) Cause a substantial
adverse change in the
significance of a
historical resource
pursuant to § 15064.5?
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to § 15064.5?
CUL-1 Earth-moving activities including grading, grubbing, trenching, or excavations at the site shall be monitored by a qualified archaeologist and approved Tribal Monitor(s).
Should cultural materials be discovered, they shall be
recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but must have the power to temporarily halt or
divert construction equipment to allow for controlled
archaeological recovery if a substantial cultural deposit is encountered. The Native American Monitor may request
that destructive construction halt and the Monitor shall notify a Qu alified Archaeologist (Secretary of the
Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. If artifacts are
discovered, these shall be processed, catalogued, analyzed, and prepared for permanent curation in a repository with permanent retrievable storage that would allow for
additional research in the future. Archaeological site
records shall be prepared to document the cultural remains discovered during monitoring and submitted to the
California Historical Resources Information System.
Less than
significant
Project applicant,
Planning
Department, City
Engineer.
Project applicant,
project
archaeologist, Tribal
monitor (if
requested), Planning
Department, City
Engineer.
Prior to the issuance
of a grading permit
for the site, the
applicant shall
provide a fully
executed Tribal
monitoring
agreement (if
requested) to the
City.
Within 30 days of
the completion of
ground disturbing
activities on the
project site, a report
of findings shall be
filed with the City
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Mitigation Monitoring and Reporting Program
Impact Mitigation Measures Impact
After
Mitigation
Responsible and
Reporting Party
Schedule
Geology and Soils
c) Be located on a geologic
unit or soil that is
unstable, or that would
become unstable as a
result of the Project, and
potentially result in on-or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive
soil, as defined in Table
18-1-B of the Uniform
Building Code (1994),
creating substantial direct
or indirect risks to life or
property?
GEO-1 Development of the Project shall adhere to the
recommendations set forth in the Project -specific
Geotechnical Engineering Investigation (see Appendix D
of this document), including but not limited to removal and recompaction of collapsible or weak soils d uring the
grading phase and completion of additional
geotechnical/soil investigations on the southern portion of the site proposed for the future residential development.
Less than
significant
Project applicant,
construction
manager, Planning
Department, City
Engineer.
Prior to the issuance
of ground disturbing
permits
Hazards and Hazardous Materials
a) Create a significant
hazard to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
b) Create a significant
hazard to the public or the
environment through
reasonably foreseeable
upset and accident
conditions involving the
release of hazardous
materials into the
environment?
HAZ-1 Per the Geophysical Anomaly Investigation Report, the existing UST located onsite shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
Less than
significant
Project applicant,
qualified engineer,
Planning
Department, City
Engineer.
Prior to the issuance
of any building
permit, the UST
shall be cleaned,
removed, and
disposed prior to
redevelopment of
the subject property.
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Mitigation Monitoring and Reporting Program
Impact Mitigation Measures Impact
After
Mitigation
Responsible and
Reporting Party
Schedule
d) Be located on a site which
is included on a list of
hazardous materials sites
compiled pursuant to
Government Code
Section 65962.5 and, as a
result, would it create a
significant hazard to the
public or the
environment?
Transportation
a) Conflict with a program,
plan, ordinance or policy
addressing the circulation
system, including transit,
roadway, bicycle and
pedestrian facilities?
TRA-1 The Project is required to pay the requisite CVAG TUMF fee.
TRA-2 Each drive -through occupant shall prepare a vehicle stacking management plan demonstrating appropriate
emergency vehicle access and access to handicap
parking stalls are retained in the event of overflow
vehicle stacking.
TRA-3 In order to assure that the intersections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon operate at
acceptable levels of service at General Plan build out, the following con dition of approval shall be
implemented:
The City shall be responsible for monitoring conditions at the intersections of Cathedral Canyon/Dinah Shore
and Date Palm/Ramon and providing improvements to
those intersections through its Capital Improvement
Program, and local, State or federal funding at such time as the improvements are warranted.
Project applicant,
CVAG, City
Engineer
Project applicant,
drive-through
tenants, City
Engineer
The Project
applicant shall
coordinate with the
City and CVAG the
payment of CVAG’s
TUMF fee.
Prior occupancy of
the building,
Project applicant
shall coordinate with
future drive-through
tenants the
preparation of a
vehicle stacking
management plan to
be reviewed and
approved by the City
Engineer
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture and
Forestry Resources Air Quality
Biological Resources Cultural Resources Energy
Geology /Soils Greenhouse Gas
Emissions Hazards & Hazardous
Materials
Hydrology / Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
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DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation:
I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
X
I find that although the proposed Project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find t hat the proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact o n the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have be en analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.
Robert Rodriguez, Director of Planning
City of Cathedral City
Date
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenc ed information sources show that the impact simply does not apply to Projects like the one involved (e.g., the Project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on Project-specific factors as well as ge neral standards (e.g., the Project will not expose sensitive receptors to pollutants, based on a Project-specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as Project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially si gnificant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the Project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a Project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impacts to less than significance.
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I. AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic
vista? ✓
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
✓
c) In non -urbanized areas, substantially
degrade the existing visual character or quality
of public views of the site and its
surroundings? (Public views are those that are
experienced from publicly a ccessible vantage
point). If the project is in an urbanized area,
would the project conflict with applicable
zoning and other regulations governing scenic
quality?
✓
d) Create a new source of substantial light or
glare which would adversely affect day or
nighttime views in the area?
✓
Sources: City of Cathedral City 2040 General Plan ; City of Cathedral City General Plan Update DEIR, 2019; Cathedral City Zoning Ordinance; Project Site Plan and Architectural Design Plans; Project materials; Google Earth Pro.
Environmental Setting
The City of Cathedral City, including the project site, is located in Coachella Valley which is a desert valley that extends approximately 45 miles in Riverside County, southeast from the San Gorgonio Pass to the northern shore of the Salton Sea.
Surrounding mountains include the San Jacinto Mountains, the foothills and slopes of which ascend from the Valley floor and form the westerly boundary of the Coachella Valley. At its peak, Mount San Jacinto rises to an elevation of 10,834 feet above mean s ea level. The Santa Rosa Mountains, with Toro Peak at an elevation of 8,715 feet above mean sea level, generally form the southerly boundary of the valley. In the northerly portion of the valley are the Indio Hills, with elevations rising to about 1,600 fe et, and the Little San Bernardino Mountains further north, forming the northeasterly boundary of the valley.
The Project site occurs in an urban environment, on the City’s southeast boundary abutting the Santa Rosa Mountain foothills. The site was previo usly developed with a gasoline service station, an automobile service/repair facility, and single-family residences, all of which have been demolished and followed by mass grading. The current urban environment includes single family homes, commercial shopping centers, the Agua Caliente Casino, and major roadways. The project site is currently vacant and undeveloped.
Ultimate development of the project site will result in the construction of a single-story commercial shopping center that includes a gas station, general commercial, retail, and restaurants , including drive- through restaurants, along East Palm Canyon Drive. The southern portion of the site is expected to develop with multi-family residential unit s in the future, however precise plans have not b een prepared or submitted at this time. Residential units may range from single-story to three-stories.
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The site is not located along a State -designated scenic roadway or highway; however, the site is located along East Palm Canyon Drive (Highway 111) , wh ich is a locally identified scenic image corridor (General Plan Exhibit CM -4). Development along a scenic image corridor require special setbacks and landscaping where applicable to limit impacts to existing viewsheds and visual character along the corridor. Although not officially designated, East Palm Canyon Drive (Highway 111) is considered eligible for State Scenic Highway designation.1
Discussion of Impacts
a) Less Than Significant . The project site is located in an urbanized area of Cathedral City that supports a mix of development, including commercial and residential land uses. The Project site is currently vacant and bounded by East Palm Canyon Drive and commercial development to the north, single-family residential development to the west and south, and East Cathedral Canyon Flood Control Channel on the east. Further east along East Palm Canyon Drive includes vacant land, commercial structures similar to properties to the north, the Desert Extended Stay Hotel and a mobile home park. Structures on these properties are consistent with other urban development in the area in scale and height.
From the subject property, scenic views of the San Bernardino Mountains are to the north and northeast, views of the Santa Rosa Mountains are to the south and east, and views of the San Jacinto Mountains are to the west. The Project site is located approximately 6 miles southwest of the San Bernardino Mountain foothills, approximately 150 feet wes t of the Santa Rosa Mountain foothills, and approximately 5 miles east of the San Jacinto Mountain foothills. From the Project site, views of the lower elevations of the mountains to the north, south, and west are blocked by intervening residential and commercial developments. However, middle and upper elevations of the mountains are visible above. Southeasterly views of the Santa Rosa Mountain foothills are currently unobstructed by structures.
The Project proposes to develop commercial/retail/restaurant uses, and for future development, 200 multi-family residential units. Commercial building heights range from 22 to 2 9 feet tall (to parapet) (Exhibit 7). Although precise plans have not been prepared for the future residential development, it is assumed that the structures will not exceed the 36-foot maximum height allowed for residential uses in the DRN zoning district. Assuming the maximum allowed height of 36 feet, the residential structures would be taller than existing structures in the Project vicinity and would partially block southern and eastern views of the Santa Rosa Mountains from viewers located north and west of the site, which are already blocked to some extent by existing residential and commercial structures to the north, south and west of the project.
Viewers to the east of the site and north o f East Palm Canyon Drive (Highway 111) enjoy views of the Santa Rosa Mountains to the south, including views of the lower elevations and foothills, and the San Jacinto Mountains to the wes t, with onl y minimal obstruction from existing single - and two-story structures. The proposed Project would not obstruct views to the south and only partially obstruct views to the southwest to some extent, however, the nearest structures are located approximately 580 feet east of the Project site boundary ( auto dealership and hotel) a distance which would lessen these impacts. Views of the mid-range and peaks of the San Jacinto Mountains would remain, and views to the north, east, and south would remain unobstructed by the Project.
1 California Department of Transportation (Caltrans), California State Scenic Highways. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways, accessed May 2021.
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Lands immediately to the north, south and west are currently developed as road ways, residential and commercial uses. Viewers from the north looking to the south and viewers from the west looking east would experience blocked views of the Santa Rosa Mountain foothills as a result of the Project, however mid -range and upper elevation views to the south would remain. Viewers from the south (single -family residential) would not lose views of the Santa Rosa Mountain foothills from any direction. Distant views of the San Bernardino Mountains to the north would be partially obstructed, however due to their distance and current level of existing development obstruction, impacts are expected to be less than significant.
With the construction of the proposed Project , views of the foothills will be reduced but not eliminated, views of the mid-range and tops of the surrounding mountains will remain, and impacts will be less than significant.
b) Less Than Significant Impact. The subject property is not located along a State-designated scenic highway and does not contain any scenic resources, including trees, rock outcroppings or historic building. However, the site is located along East Palm Canyon Drive (Highway 111) , which is a locally identified scenic image corridor with views of the Santa Rosa and San Jacinto Mountain ranges. Development along a scenic image corridor requires special setbacks and landscaping where applicable to limit impacts to existing viewsheds and visual character along the corridor.
With adherence to city development standards , the Project would result in less than significant impacts to scenic resources.
c) Less Than Significant Impact. Except for the existing parking lot on the northwest corner of the sit, the Project site is currently vacant. The ultimate development of the site will result in the construction of single -story commercial/retail structures up to 29 feet tall (to parapet) and 200 residential units not to exceed 36 feet in height, per zoning development standards. The proposed Project requires landscaping and high-quality design features to minimize any visual degradation of the site. The project site is visible from East Palm Canyon Drive; however, the proposed Project occurs on a major arterial, and is consistent with the adjacent existing land uses in the immediate area. Furthermore, to preserve the aesthetic quality of views from East Palm Canyon Drive, buildings proposed for the site will be designed and constructed in accordance with City standards and will not conflict with these standards. Therefore, impacts associated with visual character are expected to be less than significant.
d) Less Than Significant Impact. The Project is located in an urban environment that includes existing sources of light and glare associated with nearby land uses. Nearby sources of light include exterior lighting on commercial and residential buildings, street lighting on the adjacent East Palm Canyon Drive, passing vehicle headlights, and outdoor lighting on surface parking lots. Except for the existing parking lot on the northwest corner of the site, the site is currently vacant and there is no lighting onsite. Lighting is provided currently in the parking lot.
Short-Term (Construction-Related) Impacts
During the construction phase, there would be no need to add security lighting for construction areas or construction staging areas, because nighttime construction is not anticipated. Therefore, impacts related to new sources of light and glare during construction would be less than significant.
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Long-Term (Operations-Related) Impacts
The ultimate development of commercial buildings on the site can be expected to generate increased levels of light and glare from interior and exterior building lighting, s afety and security lighting, landscape lighting, and vehicles accessing the site during the day and nighttime; however, it would not require use of high intensity outdoor lighting. Similarly, the residential buildings on site would require low intensity li ghting for landscaping and lights typical of multi-family residences. Glare can also be expected from building windows during the day and nighttime.
However, lighting and glare levels are not expected to exceed typical levels within the surrounding urban environment. The Project does not propose the use of highly reflective materials in the architectural design. The proposed Project will be designed in accordance with the City’s Municipal Code (Chapter 9.89 Outdoor Lighting Standards)2 and will properly shield light fixtures to minimize spillage onto adjacent properties. The Zoning Ordinance design standards will be incorporated to assure that the Proposed impacts related to long-term lighting would be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required.
2 City Municipal Code, http://qcode.us/codes/cathedralcity, Accessed May 2021.
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II. AGRICULTURE AND FORESTRY RESOURCES
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an o ptional model to use in assessing impacts on agriculture and farmland.
In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Depart ment of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to non -
agricultural use?
✓
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
✓
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)),
timberland (as defined by Public Resources
Code section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
✓
d) Result in the loss of forest land or
conversion of forest land to non-forest use? ✓
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of
Farmland, to non -agricultural use or
conversion of forest land to non-forest use?
✓
Sources: City of Cathedral City 2040 General Plan ; City of Cathedral City General Plan Update DEIR, 2019; Cathedral City Zoning Ordinance; Project materials; Google Earth Pro; “Riverside County Important Farmland 2018 Map,” sheet 2 of 3, California Department of Conservation.
Environmental Setting
The Project site is designated as Downtown Commercial on the City’s General Plan land use map. The subject property and surrounding lands, with the exception of the Santa Rosa Mountains on the south and southeast, are designated as “Urban and Built Up” on the Riverside County Important Farmland Map (2018). The site is primarily undeveloped. From the 1920s until around 2006, much of the subject property was developed with streets and residential and commercial buildings ; after most of these features were demolished, the site was extensively graded. There are no active agricultural or forest lands within the vicinity of the Project.
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Discussion of Impacts
a-e) No Impact.
Prime Farmland: No prime or unique farmland, or farmland of statewide importance exists within the Project site or vicinity. The Project site is not located on or near any property zoned or otherwise intended for agricultural uses. As such, the Project would not convert farmland to non- agricultural use. No impacts would occur and no mitigation measures would be required.
Williamson Act: The project site and surrounding properties are designated for urban uses in the General Plan and Zoning Ordinance. No land on or near the Project site is under a Williamson Act contract. Therefore, the Project would not conflict with any zoning for agricultural uses or a Williamson Act Contract. No impacts would occur and no mitigation measures would be required.
Forest Land: The Project site is located on the desert floor, currently zoned as Downtown Residential Neighborhood (DRN) and Mixed Use Commercial (MXC) , and surrounded by urban uses and the Santa Rosa Mountains. The subject site does not contain forest land, t imberland or timberland zoned for timberland production. Therefore, the Project would not rezone forest land or timberland as defined by the Public Resources Code and Government Code. No impacts would occur and no mitigation measures would be required.
Mitigation Measures:
None required.
Monitoring:
None required.
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III. AIR QUALITY
Where available, the significance criteria
established by the applicable air quality
management district or air pollution control
district may be relied upon to make the
following determinations.
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of
the applicable air quality plan? ✓
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non -attainment under an
applicable federal or state ambient air quality
standard?
✓
c) Expose sensitive receptors to substantial
pollutant concentrations? ✓
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Project site survey, Winter 2019; Google Earth Pro; SCAQMD CEQA Air Quality Handbook (1993); SCAQMD Rule 402; 2016 Air Quality Management Plan, SCAQMD; Coachella Valley PM 10 State Implementation Plan (2003 CV PM 10 SIP).
CalEEMod Version 2020.4.0.
Environmental Setting
The Coachella Valley, including the Project site, is located in the Salton Sea Air Basin (SSAB), which spans part of Riverside County and all of Imperial County. SSAB is characterized by the large -scale sinking and warming of air within the semi -permanent subtropical high-pressure center over the Pacific Ocean. The flat terrain near the Salton Sea creates deep convective thermals during the daytime but equally strong surface-based temperature inversions at night. Once the air enters the valley, it gets trapped and influences the local climate.
SSAB is under the jurisdiction of the South Coast Air Quality Manage ment District (SCAQMD). All development within the SSAB is subject to SCAQMD’s 2016 Air Quality Management Plan (2016 AQMP) and the 2003 Coachella Valley PM 10 State Implementation Plan (2003 CV PM 10 SIP). The SCAQMD operates and maintains regional air qual ity monitoring stations at numerous locations throughout its jurisdiction. The Project site is located within Source Receptor Area (SRA) 30, which includes monitoring stations in Palm Springs and Indio, as well as a newly opened station in the unincorporated community of Thermal.
Criteria air pollutants are contaminants for which state and federal air quality standards have been established. The SSAB exceeds state and federal standards for fugitive dust (PM10) and ozone (O3) and is in attainment/unclassified for PM2.5. Ambient air quality in the SSAB, including the Project site, does not exceed state and federal standards for carbon monoxide, nitrogen dioxides, sulfur dioxide, lead, sulfates, hydrogen sulfide, or vinyl chloride.
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Discussion of Impacts
a) No Impact. Under CEQA, a significant air quality impact could occur if the project is not consistent with the applicable Air Quality Management Plan (AQMP) or would obstruct the implementation of the policies or hinder reaching the goals of that plan. The project site is located within the SSAB and will be subject to SCAQMD’s 2016 AQMP and the 2003 CV PM10 SIP. The 2016 AQMP is a comprehensive plan that establishes control strategies and guidance on regional emission reductions for air pollutants. The AQMP is based, in part, on the land use plans of the jurisdictions in the region. The project site is designated for Downtown Commercial in the General Plan and is zoned for Downtown Residential Neighborhood (DRN) and Mixed Use Commercial (MXC). The AQMP factored commercial and mixed-use land uses on this site into its Plan. The Project proposes suitable commercial mixed-land uses and is therefore compatible with the 2016 AQMP assumptions.
The SCAQMD works directly with the Southern California Association of Governments (SCAG), county transportation commissions, and local governments, and cooperates actively with all State and federal government agencies. SCAG adopted the 2020 -2045 Regional Transportation Plan/Sustainable Communities Strategy (2 020 RTP/SCS) to comply with the metropolitan planning organization (MPO) requirements under the Sustainable Communities and Climate Protection Act. The Growth Management chapter of the RTP/SCS forms the basis of land use and transportation controls of the AQMP. Projects that are consistent with the projections of population forecasts are considered consistent with the AQMP. The proposed Project would be developed in accordance with all applicable rules and regulations contained in those plans in an effort t o meet the applicable air quality standards, because the commercial mixed-land use, including high density residential, and its associated job creation potential were included in the SCAG analysis.
In conclusion, although the proposed Project would contr ibute to impacts to air quality, as discussed below, it would not conflict with or obstruct the implementation of an applicable air quality plan because its commercial characteristics were included in the development of regional plans. No impact is anticipated.
b) Less Than Significant Impact. A project is considered to have significant impacts if there is a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state a mbient air quality standard. As previously stated, the SSAB is currently a non-attainment area for PM10 and ozone. Therefore, if the project’s construction and/or operational emissions exceed SCAQMD thresholds for PM 10 and ozone precursors, which include c arbon monoxide (CO), nitrous oxides (NOx), and volatile/reactive organic compounds (VOC or ROG), then impacts would be cumulatively considerable and significant.
The California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to project air quality emissions that will be generated by the proposed Project (Appendix A). Criteria air pollutants will be released during both the construction and operation phases of the proposed Project, as shown in Tables 2 and 3. Table 2 summarizes short -term construction -related emissions, and Table 3 summarizes ongoing emissions generated during operation.
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Construction Emissions:
For purposes of analysis, it is assum ed that construction will occur over a 2 -year period. The construction period includes all aspects of project development, including site preparation, grading, paving, building construction, and application of architectural coatings.
As shown in Table 2, emissions generated by construction activities will not exceed SCAQMD thresholds for any criteria pollutant during construction. The data reflect average daily unmitigated emissions over the 2-year construction period, including summer and winter weather conditions.
The analysis assumes a net material export (dirt/soil) of 8,450 cubic yards per preliminary grading calculations dated April 2021. Applicable standard requirements and best management practices include, but are not limited to, the implementatio n of a dust control and management plan in conformance with SCQAMD Rule 403, proper maintenance and limited idling of heavy equipment, phased application of architectural coatings and the use of low -polluting architectural paint and coatings per SCAQMD Rule 1113.
Given that criteria pollutant thresholds will not be exceeded, and standard best management practices will be applied during construction, impacts will be less than significant.
Table 2
Maximum Daily Construction-Related Emissions Summary (pounds per day) Construction Emissions1 CO NOx ROG SO2 PM10 PM2.5
Daily Maximum 45.86 54.43 9.45 0.10 9.43 5.46
SCAQMD Thresholds 550.0 100.0 75.0 150.0 150.0 55.0
Exceeds? No No No No No No
Source: CalEEMod model, version 2020.4.0
1 Average of winter and summer emissions. Standard dust control measures have been applied to the PM emissions.
Operational Emissions:
Operational emissions are ongoing emissions that will occur over the life of t he project. They include area source emissions, emissions from energy demand (electricity), and mobile source (vehicle) emissions.
According to the Traffic Report prepared for the proposed Project (Appendix G), the proposed Project will generate approxim ately 7,862 daily trips. Table 3 provides a summary of projected emissions during operation of the proposed Project at build out. As shown below, operational emissions will not exceed SCAQMD thresholds of significance for any criteria pollutants for operations. Impacts related to operational emissions will be less than significant.
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Table 3
Maximum Daily Operational-Related Emissions Summary
(pounds per day)
CO NOx ROG SO2 PM10 PM2.5
Operational Emissions1 117.87 17.92 24.76 0.16 15.65 4.47 SCAQMD Thresholds 550.0 100.0 75.0 150.0 150.0 55.0
Exceeds? No No No No No No
Emission Source: CalEEMod model, version 2020.4.0
1 Average of winter and summer emissions.
Cumulative Contribution: Non-Attainment Criteria Pollutants A significant impact could occur if the Project would make a considerable cumulative contribution to federal or State non -attainment pollutants. The Coachella Valley portion of the SSAB is classified as a “non-attainment” area for PM 10 and ozone. Cumulative air quality analysis is evaluated on a regional scale (rather than a neighborhood scale or city scale, for example) given the dispersing nature of pollutant emissions and aggregate impacts from surrounding jurisdictions and air management districts. Any development project or activity resulting in emissions of PM10, ozone, or ozone precursors will contribute, to some degree, to regional non -attainment designations of ozone and PM10.
The SCAQMD does not currently recommend quantified analyses of construction and/or operational emissions from multiple development projects, nor does it provide methodologies or thresholds of significance to be used to assess the significance of cumulative emissions generated by multiple cumulative projec ts. However, it is recommended that a project’s potential contribution to cumulative impacts should be assessed utilizing the same significance criteria as those for project-specific impacts. Furthermore, SCAQMD states that if an individual development project generates less than significant construction or operational emissions, then the development project would not generate a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment.
As shown in the tab les above, Project-related PM10, CO, NO x, and ROG emissions are projected to be below established SCAQMD thresholds. Emissions will be further reduced through required best management practices, which require implementation of a Dust Control Plan in accord ance with SCAQMD Rule 403.1. Therefore, the proposed Project will result in incremental, but not cumulatively considerable impacts on regional PM10 or ozone levels.
Summary
As shown above, both construction and operation of the proposed Project will result in criteria emissions that are below the SCAQMD significance thresholds, and neither would violate any air quality standard or contribute substantially to an existing or projected air quality violation. Overall, impacts related to construction and operation will be less than significant and are not cumulatively considerable from a non-attainment standpoint.
c) Less Than Significant Impact . The nearest sensitive receptors are residents in the residential neighborhood located immediately west and south of the Project site. To determine if the proposed Project has the potential to generate significant adverse localized air quality impacts, the mass rate Localized Significance Threshold (LST) Look-Up Table was used.
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Analysis of LSTs by a local government is voluntary and is designed for projects that are less than or equal to five acres. The maximum area of disturbance associated with buildout of the proposed Project is approximately 13.93 acres, and it is assumed that buildout would occur over the course of two years. Although the total Project area is greater than five acres, the area of daily disturbance (for purposes of LST analysis only) is limited to five acres or less per day at any given location.
As such, the five-acre look up table is appropriate unde r the SCAQMD’s methodology to screen for potential localized air quality impacts. 3 Based on the Project’s proximity to existing housing, the 5-acre site tables at a distance of 25 meters (nearest measurement option in LST table) were used for LST analysis. Table 4 shows on-site emission concentrations for Project construction and operation will not exceed LST thresholds. Overall, the impacts will be less than significant.
Table 4
Localized Significance Thresholds Emissions
(pounds per day)
CO NOx PM10 PM2.5
Construction
Maximum Emissions 45.86 54.43 9.43 5.46
LST Threshold 2,292.00 304.00 14.00 8.00
Exceed? No No No No
Operation1
Area 16.82 0.91 0.14 0.14
SCAQMD Thresholds 2,292.00 304.00 4.00 2.00
Exceed? No No No No
Emission Source: CalEEMod model, version 2020.4.0
LST Threshold Source: LST Mass Rate Look-up Table, SCAQMD.
1. Operational emissions that affect sensitive receptors are limited to on-site area emissions. Energy and mobile emissions occur off-site.
Health Impacts
As shown in Tables 2 and 3, construction and operation of the proposed Project will result in criteria emissions that are below the SCAQMD significance thresholds, and neither would violate any air quality standard or contribute substantially to an existing or projected air quality violation.
With today’s technology, it is not scientifically possible to calculate the degree to which exposure to various levels of criteria pollutant emissions will impact an individual’s health. There are several factors that make predicting a Project-specific numerical impact difficult:
• Not all individuals will be affected equally due to medical history. Some may have medical pre-dispositions and diet and exercise levels tend to vary across a population. • Due to the dispersing nature of pollutants it is difficult to locate and identify which group of individuals will be impacted, either directly or indirectly. • There are currently no approved methodologies or studies to base assumptions on, such as baseline health levels or emission level-to-health risk ratios.
3 South Coast AQMD, “Fact Sheet for Applying CalEEMod to Localized Significance Thresholds.”
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Due to the limitations described above , the extent to which the Project poses a health risk is uncertain but unavoidable. It is anticipated that impacts associated with all criteria pollutants will be less than significant overall, and that health effects will also be less than significant.
d) Less Than Significant Impact. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the receptors. While offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to distress among the public and often generating citizen complaints to local governments and regulatory agencies.
The SCAQMD identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, transfer stations, and fiberglass molding. The proposed Project will be developed with a mix of commercial and residential uses and is not expected to generate objectionable odors during any phase of construction or at Project buildout. Short term odors associated with paving and construction activities could be generated; however, any such odors would be quickly dispersed below detectable levels as distance from the construction site increases and would occur for short time periods during construction only. The proposed Project proposes restaurants and a gas station, which would involve food p reparation and gasoline pumping activities. Restaurants could result in cooking exhaust, smoke, and related food waste.
The on -site restaurants would be required by law to provide a hood system that consists of particulate filtration for smoke, gas filtration for gases/odors, and a blower to move the air into the hood, through the air cleaning equipment, and then outdoors. Gasoline pumping does generate odors, but pumping equipment is prescribed to include fume control, and any gasoline station on the Project site would be required to comply with these laws.
At buildout, residential units will generate typical odors, including cooking odor, but will not generate objectionable odors. Therefore, impacts from objectionable odors are expected to be less than significant.
Mitigation Measures: None required.
Monitoring: None required.
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IV. BIOLOGICAL RESOURCES
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate, sensitive,
or special status species in local or regional
plans, policies, or regulations, or by the
California Department of Fis h and Game or
U.S. Fish and Wildlife Service?
✓
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
✓
c) Have a substantial adverse effect on State or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
✓
d) Interfere substantially with the movement of
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
✓
e) Conflict with any local policies or
ordinances protecting biological resources,
such as a tree preservation policy or ordinance?
✓
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other ap proved local,
regional, or state habitat conservation plan?
✓
Sources: CVMSHCP; City of Cathedral City 2040 General Plan ; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro.
Environmental Setting
The City of Cathedral City and the Coachella Valley are located in the Colorado subunit of the Sonoran Desert. The Sonoran Desert supports a wide range of biological resources that are highly specialized and endemic to the region. Valley floor habitat convers much of Cathedral City and the central Coachella Valley. It is characterized by low -lying, relatively flat terrain with sparse vegetation and sand deposits that originated from the erosion of adjacent hills and have been transported by strong winds. It can contain “active” sand dunes in which the continuous process of sand accumulation, depletion, and shifting occurs, uninterrupted by windbreaks or other impediments.
In Cathedral City, active sand transport systems are found in the Willow Hole -Edom Hill Preserve north of Interstate 10 . Historically, they also occurred near the Whitewater River floodplain; however, urban development has restricted sand movement in this area, resulting in a loss of habitat. The valley floor can
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also contain “stabilized” and “partially stabilized” sand fields that lack the structure of sand dunes and contain more vegetation than active sand dunes, including creosote bush (Larrea tridentate), sand verbena, and burrobush (Oenothera deltoides). Within Cathedral City south of Interstate 10, including the Project area, valley floor habitat has been largely fragmented, disturbed, and replaced by development.
A wide range of significant biological resources can be found in u ndeveloped portions of the City of Cathedral City. Four (4) special-status plant species and f orty-four (44) special-status wildlife species occur or potentially occur in the City. Due to the loss of viable habitat , some of these species have been listed as threatened or endangered by the federal and state governments. The City is within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan /Natural Community Conservation Plan (CVMSHCP/NCCP), a comprehensive conservation plan encompassing approximately 1,136,400 acres in the Coachella valley. The City of Cathedral City is a Permittee to the CVMSHCP/NCCP and, as such, is subject to its provisions.
The subject property is surrounded by urban development , except for the Santa Rosa Mountains on the southeast which are characterized by Sonoran creosote brush scrub community. From the 1920s until 2016, the subject property was developed with streets and residential and commercial buildings that have since been demolished. Since then, it has been extensively graded and is now vacant, other than the northwest portion of the site that is developed with a paved street and parking. The only vegetation on the balance of the site is sparse regrowth of annual plants and scrubs.
Discussion of Impacts
a) Less Than Significant with Mitigation. With the exception of the parking lot on the northwest corner of the site, t he site is mostly undeveloped but was once heavily disturbed by streets and residential and commercial development (that have since been demolished) an d subsequent grading activities. Vegetation coverage is generally sparse with regrowth of shrubs and herbaceous plants. The surface soil on the subject site is predominantly Carsitas gravelly sand (CdC, 0 to 9 percent slopes) and Carsitas cobbly sand (ChC, 2 to 9 percent slopes), both excessively drained.
The site is surrounded by urban development on the north, south, and west, and the East Cathedral Canyon Flood Control Channel on the southeast. The channel is fenced on the subject property side with a ±6-foot high wire mesh fence and it separates the subject property and the slopes of the Santa Rosa Mountains. Therefore, due to its isolation from the Santa Rosa Mountains and other open spaces and the disturbed nature of vegetation and soils, the Project site has a very low to low potential to harbor sensitive wildlife species.
Burrowing owl is a State species of special concern that resides in open dry grasslands and desert areas. Since the site is currently vacant and covered sparsely with vegetation, t here is a very low potential for burrowing owl to occur onsite. The CVMSHCP and State law prohibit the take of burrowing owl. Should burrowing owl be found on the property prior to construction, a significant impact would occur. In order to assure that this impact is mitigated, Mitigation Measure BIO-1 is provided below, which requires pre-construction surveys to assure that the species is not present, or to protect the species should it be identified on -site. With implementation of this mitigation measure, impacts to burrowing owls will be less than significant.
The existing vegetation on and adjacent to the property would have the potential to provide nesting opportunities for birds covered under the Migratory Bird Treaty Act (MBTA). As the subject site is vacant, these species would reside seasonally within the subject site. Nesting activities would occur between January and August of any year. Under the provisions of the MBTA, impacts to
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covered nesting birds would be considered a significant impact. In order to assure that impacts to bird nests covered under the MBTA are reduced to less than significant levels, a pre -construction survey is required if any activity to remove vegetation is proposed during the nesting season, as provided in Mitigation Measu re BIO-2, below. With implementation of this mitigation measure, impacts to birds covered by the MBTA will be less than significant.
b) No Impact. The Project site does not contain any riparian habitat or sensitive natural communities protected by local plans, the California Department of Fish and Wildlife, or U.S. Fish and Wildlife Service. The site is surrounded by urban development, as well as the East Cathedral Canyon Flood Control Channel on the southeast boundary . The channel is fenced (approximately 6’ tall) on the subject property side below the levee . Onsite soils have been disturbed by previous grading activity, and onsite vegetation is limited to only sparse annual regrowth. No Project-related impacts would occur and no mitigation measures would be required
c) No Impact. The Project site is located inland and does not contain any streams, marshes, protected wetlands, or vernal pools protected by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. The East Cathedral Canyon Flood Control Channel adjacent to the southeast boundary of the Project site is fenced on the subject property side below the levee , and Project- generated runoff will be managed onsite with no drainage entering the channel. No Project-related impacts would occur and no mitigation measures would be required.
d) No Impact. The subject property is surrounded by roadways and urban development on three sides and separated from the Santa Rosa Mountains by the East Cathedral Canyon Flood Control Channel. The Channel is separated from the subject property with a welded wire mesh fence on the property side (approximately 6’ tall) along the entire length of the southeast property boundary.
The property was previously developed with streets and residential and commercial development beginning in the 1920s; nearly all improvements were demolished by 2006, indicating that historically the site did not serve as an important wildlife migratory corridor or nursery site due to urban development . Although currently largely vacant, it is unsuitable for use as a migratory wildlife corridor or nursery site due to surrounding urban development, previous onsite grading, and separation from the mountains by the flood control channel. No impact is anticipated.
e, f) Less Than Significant Impact . The subject property does not contain any biological resources that are protected by a local policy or ordinance, such as a tree preservation ordinance. The subject property is located within the boundaries of the CVMSHCP but is outside the boundaries of a ny of the Plan’s Conservation Areas. The Project involves l ands not developed prior to 1996 , and therefore, the developer will be required to pay the Local Development Mitigation Fee to mitigate impacts to covered species. The site is not within or adjacent to a CVMSHCP -designated Conservation Area; the nearest conservation area is the Santa Rosa and San Jacinto Mountains Conservation Area, approximately 0.78 miles to the southeast.
The proposed Project is located in the City of Cathedral City, whi ch is within the boundaries of the CVMSHCP, and is therefore subject to payment of the Development Mitigation Fee, which will mitigate potential impacts to covered species. The site is not within or adjacent to a CVMSHCP-designated Conservation Area, so no additional mitigation measures or provisions are required. The Project will not conflict with any policies or ordinances that protect biological species, or any habitat conservation plans or natural community conservation plans. Impacts are expected to be less than significant.
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Mitigation Measures:
BIO-1 A qualified biologist shall conduct two (2) take avoidance pre -construction burrowing owl surveys onsite. The first shall occur between 14 and 30 days prior to ground disturbance, and the second shall occur within 24 hours of ground disturbance. If burrowing owls are detected, the project proponent shall consult with CDFW to determine what course of action is needed, such as the use of exclusion devices (if applicable) to discourage owls from using burrows that are believed to be in jeopardy of being impacted by implementation of the project.
BIO-2 For any grubbing, grading or other site disturbance or tree or vegetation removal occurring during the nesting season between January 15 th and August 31 st, a qualified biologist shall conduct at least one nesting bird survey, and more if deemed necessary by the consulting biologist, immediately prior to initiation of project -related ground disturbing activities. If nesting birds are present, no work shall be permitted near the nest(s) until the young birds have fledged. While there is no established protocol for nest avoidance, when consulted, the CDFW generally recommends avoidance buffers of about 500 feet for birds -of-prey, and 100 – 300 feet for songbirds. If ground disturbance occurs outside the nesting season, this requirement shall be waived.
Mitigation Monitoring:
BIO-A Prior to the issuance of any permit to allow ground disturbance on the site, the Project Proponent shall furnish the City with pre-construction surveys for burrowing owl and MBTA covered birds.
Responsible Parties: Project applicant, project biologist, Planning Department.
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V. CULTURAL RESOURCES
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?
✓
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?
✓
c) Disturb any human remains, including those
interred outside of formal cemeteries? ✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro; Update to Cultural Resou rces Studies, Cathedral Cove Center Project, prepared by CRM Tech, December 2019; Phase I Cultural Resource Assessment of Project Sites 1 -3, Cathedral City, Riverside County, California, prepared by Statistical Research, Inc., November 2015; Historic Prope rty Survey Report, Downtown Improvement Project 07 -01-05317, prepared by CRM Tech, May 2003.
Environmental Setting
The City of Cathedral City is located in the Coachella Valley where the Cahuilla Indians settled centuries ago. The Cahuilla Indians were a Takic-speaking people of hunters and gatherers generally divided into three groups by geographic setting: the Pass Cahuilla of the San Gorgonio Pass – Palm Springs area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley; and the Desert Cahuilla of the eastern Coachella Valley.
The City of Cathedral City is within the vast traditional lands of the local Cahuilla Indian tribes. In the Coachella Valley, the Cahuilla typically lived in camps of between 75 and 100 individuals, along the lower edges of alluvial fans near permanent sources of water, food and fiber. One such camp was the Palm Oasis at modern-day Thousand Palms, along the fault scarp where diked groundwater rises to the surface to support several palm groves (Washingtonia filifera).
The subject property is located near foothills of the Santa Rosa Mountains and is not known to have been a source of water or ethnobotanical resources (such as mesquite, palms, or reeds), habitation sites, trails, or pot-drops. According to the City’s General Plan, only one prehistoric site has been recorded into the California Historical Resource Information System and six locations within close proximity have been identified by Cahuilla cultural authorities to be of potential significance; none of these resources are within or near the Project area.
In 1925, the City of Cathedral City was founded by four developers to provide affordable low-to moderate- income housing. The downtown commercial district generally developed along the newly paved present- day East Palm Canyon Drive (Highway 111) after 1927. The city experienced rapid growth in the 1940s and the early 1950s and served as a bedroom community to military installations during World War II .
Additional growth occurred as a result of residents from the Los Angeles basin claim ing local five-acre parcels under the “Baby Homestead Act .” The post-war boom also contributed to the population and economic growth and eventually led to the City’s incorporation as the 18 th city in Riverside County in 1981.
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The Project area was included in a countywide historical resources reconnaissance in the 1980s, which identified a total of 29 resources consisting primarily of buildings constructed between 1925 and the 1970s and a short segment of A Street. All these buildings have been demolished as of 2016. An historical/archaeological resources survey and assessment has been conducted on the subject development site and is discussed below.
Discussion of Impacts
a, b) Less Than Significant Impact With Mitigation Incorporated . Section 15064.5 of the CEQA Guidelines defines a historic resource as a resource that is: (1) listed in, or determined to be eligible for listing in the California Register of Historical Resources (California Register); (2) included in a local register of historical resources (pursuant to Section 5020.1(k) of the Public Resources Code); or (3) identified as significant in an historical resources survey (meeting the criteri a in Section 5024.1(g) of the Public Resources Code). Generally, a resource shall be considered by the lead agency to be “historically significant” if the resource meets the criteria for listing on the California Register. The California Register automatic ally includes all properties listed in the National Register of Historic Places (National Register) and those formally determined to be eligible for listing in the National Register.
Section 15064.5(a)(3)(D) of the CEQA Guidelines defines archaeological resources as any resource that “has yielded, or may be likely to yield, information important in prehistory or history.” Archaeological resources are features, such as tools, utensils, carvings, fabric, building foundations, etc., that document evidence of past human endeavors and that may be historically or culturally important to a significant earlier community.
In conjunction with previously proposed development projects and the currently proposed Project, qualified professional archaeologists conducted historical/archaeological resources record searches and historical background research on the subject property in 2003, 2015, and 2019. As part of the assessments, records searches were conducted at the Eastern Information Center (EIC).
The 2019 analysis includes references to comprehensive records searches for adjacent properties provided by the EI C, and Nationwide Environmental Title Research (NETR) (Appendix B). In addition, CRM TECH conducted independent historical research and an on-site field survey.
Eastern Information Center (EIC) Record’s Search
A CRM TECH archaeologist conducted a cultural resources records search on November 19, 2019, at the Eastern Information Center (EIC) University of California, Riverside. The 2003 and 2015 surveys mentioned above remain the only systematic Phase I surveys to include any portion of the project area . A total of 29 cultural resources were recorded during and 1980’s his torical reconnaissance, including buildings buil t between 1925 and circa 1970. Of the 29 cultural resources recorded, the 2015 study found 28 of the 29 recorded resources were determined not to be eligible for listing in the National Register of Historic P laces and/or the California Register of Historical Resources . The remaining resource had not be en formally evaluated, however the structure was demolished prior to the 2003 and 2015 surveys. By 2015, only two commercial buildings remained intact within the Project area; a 1946-1947 commercial building at 68-791/68- 805 East Palm Canyon Drive and a 1970’s commercial building at 68 -823 East Palm Canyon Drive. The building located at 68-823 East Palm Canyon Drive, was recorded into the California Historical Resources Inventory at the time of the 2003 survey, as was the segment of A Street between Van Fleet Avenue and East Palm Canyon Drive (Site 33-026845).
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The EIC records search also identified 46 additional historical/archaeological sites located outside of the project area, but within the one-mile radius. Five (5) of those sites were prehistoric with the nearest site located approximately a half -mile south of the project area. None of these additional sites were found in the immediate vicinity of the project area, and thus none of them require any further consideration.
Historical Record Search
Review of recent and historical aerial photographs found that most of the buildings previously recorded in project area were demolished sporadically, with most of the buildings removed by 2006. The two commercial buildings (discussed above) were the only remaining structures at that time, however both of these structures were removed sometime between February and July of 2006. Since then, the entire project area has been vacant and undeveloped , with the exception of the 300-foot segment of asphalt (A Street).
Field Inspection
A field survey of the Project site was conducted in November 2021 by a CRM Tech archaeologist.
The 300-foot-long segment of A Street between Van Fleet Avenue and East Palm Canyon Drive was found to be the only potential cultural resource in the project area. According to the 2015 study, this segment of A Street is not likely to yield additional information important in local, regional, or national history and fails to meet any of the four criteria used for determining eligibility for listing in the California Register of Historical Resources. CRM Tech concurred with the conclusion of the 2015 evaluation that the A Street segment was not historically significant and requires no further study or formal evaluation.
Native American Consultation
The City is currently undertaking Tribal Consultation in conformance with the requirements of AB
52. One tribe, the Aqua Caliente Band of Cahuilla Indians, requested consultation and provided input on potential impacts, which are included in the mitigation measures to this Initial Study. See Section XVIII, Tribal Cultural Resources.
Summary:
CRM TECH concurred with the conclusion of the 2015 evaluation that the A Street segment (Site 33-026845) was not historically significant under CEQA and requires no further study or for mal evaluation. To protect the potential cultural or archaeological resources on the site and to reduce potential impacts to less than significant levels, Mitigation Measure CUL-1 is included at the end of this section, consistent with the findings of the cultural resource investigation, and concerns of the Tribes. The mitigation measure requires the presence of archaeological and Native American monitors during earth moving activities, to assure that subsurface resources are identified and protected during the grading and excavation of the proposed Project. With the implementation of this mitigation measure, potential impacts associated with archaeological resources will be reduced to less than significant levels.
c) No Impact. No cemeteries or human remains are known to occur on-site. It is unlikely that human remains will be uncovered during project development. Should human remains be uncovered during grading of the site, California law requires that all activity stop, that the coroner be notified, that he or she determine the nature of the remains, and whether Native American consultation will be required. This requirement of law assures that there will be no impact to cemeteries or human remains.
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Mitigation Measures:
CUL-1 Earth-moving activities including grading, grubbing, trenching, or excavations at the site shall be monitored by a qualified archaeologist and approved Tribal Monitor(s).
Should cultural materials be discovered, they shall be recorded and evaluated in the field. The monitors shall be prepared to recover artifacts quickly to avoid construction delays but must have the power to temporarily halt or divert construction equipment to allow for controlled archaeological recovery if a substantial cultural deposit is encountered. The Native American Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior’s Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for subm ission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. If artifacts are discovered, these shall be processed, catalogued, analyzed, and prepared for permanent curation in a repository with permanent ret rievable storage that would allow for additional research in the future.
Archaeological site records shall be prepared to document the cultural remains discovered during monitoring and submitted to the California Historical Resources Information System.
Monitoring:
CUL-A Prior to the issuance of a grading permit for the site, the applicant shall provide a fully executed Tribal monitoring agreement (if requested) to the City.
Responsible Parties: Project applicant, Planning Department, City Engineer.
CUL-B Within 30 days of the completion of ground disturbing activities on the project site, a report of findings shall be filed with the City. The report will summarize the methods and results of the monitoring program, including an itemized inventory and a detailed analysis of recovered artifacts, upon completion of the field and laboratory work. The report should include an interpretation of the cultural activities represented by the artifacts and a discussion of the significance of all archaeological finds.
Responsible Parties: Project applicant, project archaeologist, Tribal monitor (if requested), Planning Department, City Engineer.
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VI. ENERGY
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption of
energy resources, during project construction
or operation?
✓
b) Conflict with or obstruct a state or local plan
for renewable energy or energy efficiency? ✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019.
Environmental Setting
Primary energy sources include fossil fuels (oil, coal, and natural gas) , nuclear energy, and renewable sources like wind, solar, geothermal, and hydropower. Southern California Edison (SCE) provides electric services to the City of Cathedral City. Currently, SCE serves approximately 4.4 million residential service accounts and 520,000 commercial service accounts , which use up to 69% of the electricity generated by SCE in its service area . 4 Natural gas is provided to Cathedral City by the Southern California Gas Company (SoCalGas). Its service territory encompasses approximately 2 4,000 square miles in Central and Southern California, from the City of Visalia to the Mexican border.5
Both SCE and SoCalGas have existing underground utilities along East Palm Canyon Drive
Discussion of Impacts
a, b) Less Than Significant Impact. Energy resources would be utilized during both construction and operational activities. Construction related energy demand comes from the operation of construction equipment and the manufacturing of construction materials. Fuel consumed by construction equipment, such as petroleum and diesel, would be the primary energy resource expended over the course of construction. However, petroleum and diesel use during construction would be temporary and minimal and would not be wasteful or inefficient
Operational energy demand primarily comes from building/site lighting, HVAC systems. All residential units and commercial structures will be constructed in accordance with the Building Code, California Green Building Code, and Energy Code in effect at the time that development occurs, to ensure the most efficient construction/building technologies are used, which will benefit overall building operations, ensure energy efficiency and reduce wasteful and unnecessary consumption of energy resources. These requirements of law assure that future buildings on the site will not waste energy.
Operation would also result in the consumption of petroleum-based fuels related to vehicular travel to and from the Project site. Although the Project will result in a direct increase in City VMTs, the Project will not interfere with increased fuel efficiency standards and will not result in wasteful,
4 Errata to Southern California Edison Company’s Amended Energy Efficiency Rolling Portfolio Business Plan For 2018- 2025 by SCE (May 15, 2017) – Page 42 and 43.
5 SoCalGas Company Profile, https://www.socalgas.com/about-us/company-profile, accessed January 2020.
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inefficient, or unnecessary consumption of transportation energy resources during operation. The Project proposes a mixed-use development that places multi-family residential within a half-mile to commercial uses, transit, and employment opportunities which reduces vehicle trips, trip length and the consumption of fuel. Impacts were determined to be less than significant.
SCE is committed to promoting renewable energy generation for its own operations and throughout the State and local communities . In 2019, about 48% of the power delivered to SCE customers came from carbon-free sources.6 SCE’s Pathway 2045 provides a roadmap to achieving statewide carbon neutrality that requires decarbonization of the State’s economy, including the electric sector, natural gas and low -carbon fuels, transportation, and building construction and operation efficiencies. 7 SoCalGas is also committed to energy and climate sustainability and investing in a diverse portfolio of technologies and applications to decarbonize, including the use of cleaner fuels like renewable natural gas. SoCalGas aspires to achieve net zero GHG emissions in both operations and delivery of energy by 2045.
The City’s Climate Action Plan also promotes local generation of renewable energy. The Project will comply with the solar and zero net energy r equirements in the adopted 2019 California Building Code and will not interfere with any state or local plan that promotes renewable energy or energy efficiency. Adherence to the applicable state standards enforced by SCE and SoCalGas will ensure the devel opment is consistent with current energy standards and conservation goals laid out in the City’s Climate Action Plan. Therefore, impacts related to energy will be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required.
6 Website. Southern California Edison, https://www.scecleanenergy.com/. Accessed May 2021. 7 “Pathway 2045,” by Southern California Edison, November 2019. https://www.edison.com/home/our- perspective/pathway-2045.html. Accessed May 2021.
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VII. GEOLOGY AND SOILS
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the risk
of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
✓
ii) Strong seismic ground shaking? ✓
iii) Seismic related ground failure, including
liquefaction? ✓
iv) Landslides? ✓
b) Result in substantial soil erosion or the loss
of topsoil? ✓
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the Project, and potentially result in
on-or off -site landslide, lateral spreading,
subsidence, liquefaction or collapse?
✓
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
✓
e) Have soils incapable of adequately
supporting the u se of septic tanks or
alternative waste water disposal systems
where sewers are not available for the
disposal of waste water?
✓
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; “Geotechnical Engineering Investigation for the Proposed Retail Development SWC Palm Canyon Drive & Date Palm Drive,” prepared by Salem Engineering Group, Inc., October 17, 2019.
Environmental Setting
Geologic Setting
The Project is located in the City of Cathedral City which is part of the Coachella Valley. The geology and seismicity of the Coachella Valley is primarily influenced by the tectonics of the San Andrea and San Jacinto fault systems. The San Andreas Fault i s a continental transform fault that extends roughly 750 miles through California. It forms the tectonic boundary between the Pacific Plate and the North American Plate, and its motion is right-lateral strike-slip (horizontal). The San Jacinto Fault Zone (SJFZ) is a major
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strike-slip fault zone that runs through San Bernardino, Riverside, San Diego, and Imperial Counties in Southern California. The SJFZ is a component of the larger San Andreas transform system and is considered to be the most seismically active fault zone in the area.
The Coachella Valley is located in the northwestern portion of the Salton Trough which is bounded by the San Bernardino Mountains on the northwest, San Jacinto Mountains on the west, Santa Rosa Mountains on the south, and Little San Bernardino Mountains and Indio Hills on the northeast. Regional soils range from rocky outcrops within the mountains bordering the valley to coarse gravels of mountain canyons and recently laid fine- and medium-grained alluvial (stream deposited) and aeolian (wind deposited) sediments on the central valley floor. Episodic flooding of major regional drainages, including the Whitewater River, results in the deposition of sand and gravel on the valley floor. Strong sustained winds emanating from the San Gorgonio Pass cause wind erosion and transport and deposit dry, finely granulated, sandy soils on the central valley floor. The base of the Santa Rosa Mountains consists of alluvial and stream -washed deposits, which are coarse sands and gravels.
Paleontological Resources
Paleontological resources are the fossilized remains of prehistoric animals and plants, created more than 12,000 years ago in the Pleistocene era. Fossils are usually buried resources, and often cannot be identified on the surface. A relatively thick sequence (20,000 feet) of sediment has been deposited in the Coachella Valley portion of the Salton Trough from the Miocene era to present times. These sediments are predominantly terrestrial in nature with some lacustrine (lake) and minor ma rine deposits. The major contributor of these sediments has been the Colorado River. The mountains surrounding the Coachella Valley are composed primarily of Precambrian metamorphic and Mesozoic "granitic" rock. According to the Riverside County General Pl an, the City and Project site contain recent alluvium soils which have a low potential to contain significant paleontological resources.8
Discussion of Impacts
a.i) No Impact. The subject property is not located within or adjacent to an Alquist-Priolo Earthquake Fault Zone. The nearest earthquake fault is the Banning fault of the San Andreas Fault Zone, approximately 6.4 miles northeast of the site. This active fault is capable of generating earthquakes of magnitude 7.4. There are no active faults in the vicinity of the subject property. Fault rupture is not expected on the project site because it does not occur on any of these faults. No impact is anticipated.
a.ii) Less Than Significant Impact. The Project site is located in a seismically active region where earthquakes originating on local and regional seismic faults can produce severe ground shaking.
Buildings proposed for the site will be required to conform to the most recent edition of the California Building Code (CBC) to provide collapse-resistant design. These building standards are designed to minimize the catastrophic failure of buildings, thereby lowering the potential impacts to life and property. According to the CBC, Site Class D may be used to estimate design seismic loading for the proposed structures. As a result of these standards, Project -related impacts associated with seismic ground shaking will be less than significant.
8 Riverside County General Plan, “Multipurpose Open Space Element,” (2003), fig. OS-8, “Paleontological Sensitivity Resources Map.”
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a.iii) No Impact. According to the Cathedral City General Plan (Exhibit S-5), the Project site is located in an area that has a low to very low liquefaction susceptibility. According to the Project -specific geotechnical report (Appendix D), the Project area is classified as a moderate liquefaction potential zone by the Riverside County Office of Information Technology GIS website; however, based on the groundwater depth and relatively dense soil conditions, the liquefaction potential of the site is considered to be low. Onsi te underlying soils within the depth of 51 1/2 feet consist of medium dense to very dense gravelly, silty sand; sandy, silty gravel; poorly graded sand; and well -graded sand, based on onsite borings in the geotechnical report. The highest groundwater was me asured to be 192 feet below ground surface from the adjacent property located at 69010 East Palm Canyon Drive (Highway 111), and the historically highest groundwater is estimated to be at a depth of at least 100 feet below ground surface at the Project sit e. Therefore, the sand in this region is not prone to liquefaction under severe ground shaking conditions. No impact is anticipated.
a.iv) Less Than Significant Impact. The Project site consists of and is surrounded by gently sloping land and relatively flat terrain with the East Cathedral Canyon Flood Control Channel to the southeast. The channel is fenced on the subject property side outside the levee. The nearest hillsides are the Santa Rosa Mountains beyond the channel southeast of the property.
According to the Cathedral City General Plan (Exhibit S-2), the easterly portion of the subject property has a moderate susceptibility to seismically induced landslides and rock fall. However, the Project -specific geotechnical analysis determined that there are no known or potential landslides at the subject property, and the property has a less than 5% sloping grade and is more than ½ mile from the nearest significant topographic change. Therefore, the landslide and slope instability risk onsite is very low. Impacts are less than significant.
b) Less Than Significant Impact. Development of the Project site has the potential to result in the erosion of soils during site preparation, grading, and building construction. The subject property is moderately susceptible to wind erosion according to the Cathedral City General Plan (Exhibit V-2). Based on soil boring logs for the site, surface soils consist predominantly of medium dense to very dense gravelly, silty sand; sandy, silty gravel; poorly graded sand; an d well-graded sand.
Soils of this composition and consistency are prone to wind and water erosion. The site is essentially flat, thus minimizing the potential for water erosion. The site will be mostly covered by buildings, pavement or landscaping at build out, minimizing long-term wind erosion potential.
Grading and construction may require removal of the topsoil; however, they would occur in accordance with erosion control requirements, including grading and dust control measures imposed by the City pursuant to grading permit regulations , including adherence to SCAQMD Rule 403.1, that requires a fugitive dust control plan . Specifically, Project construction would be required to comply with the City’s Municipal Code, including submittal and ap proval of grading permits, site and building plans, and inspections to ensure that the Project does not generate excessive soil erosion. In addition, the Project will be required to prepare a Project-specific Water Quality Management Plan (WQMP) (See Secti on X, Hydrology and Water Quality). As part of the WQMP, Best Management Practices (BMPs) would be implemented during grading and construction to reduce sedimentation and soil erosion to the maximum extent practicable.
Therefore, impacts would be less than significant.
c) Less Than Significant with Mitigation Incorporated. The site is undeveloped, and grading will be conducted in compliance with City’s standards. According to the geotechnical report, onsite underlying soils consist of medium dense to very dense gravelly, silty sand; sandy, silty gravel;
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poorly graded sand; and well-graded sand. One of the primary geotechnical constraints identified in the geotechnical investigation is the presence of potentially compressible (collapsible) near - surface soils.
A “Geotechnical Engineering Investigation” report (SALEM Engineering Grou p, Inc., October 2019. See Appendix D ) was prepared for Phase I (commercial/retail portion of) the proposed Project and Project site which provided recommendations for the excavation of that site prior to construction, including moisture conditioning and recompaction. Assuming the recommendations for grading included in the geotech nical report are followed during Phase I construction, the site is not susceptible to on- or off-site landslide, lateral spreading, liquefaction, or collapse due to the distance from nearest significant topographic change in the Santa Rosa Mountain foothil ls, and depth of the groundwater. It should be noted that recommendations presented in this report should not be used for the residential phase of development due to the lack of subsurface soil data, and additional geotechnical soil investigations are req uired for the development of the residential portion of the site (see Mitigation Measure GEO -1 for geotechnical report recommendations).
These recommendations shall be integrated into grading and building plans that the City will review and approve prior t o the issuance of grading and building permits, which will assure that impacts associated with soils remain less than significant.
d) Less Than Significant Impact with Mitigation Incorporated. Expansive soils typically contain large amounts of clay that expands when water is absorbed and shrinks when it dries. As described in Section VII.a.iii, above, the site’s underlying soils consist of medium dense to very dense gravelly, silty sand; sandy, silty gravel; poorly graded sand; and well -graded sand. The Proj ect- specific geotechnical report determined that onsite soils samples collected from surface to the proposed foundation depths are considered to have a very low expansion potential. The geotechnical report includes numerous site preparation recommendations that the Project should implement to assure these geotechnical issues are appropriately addressed, including removal and recompaction of collapsible or weak soils during the grading phase. Adherence to these recommendations (see Mitigation Measure GEO -1) will ensure impacts are reduced to less than significant levels.
e) No Impact. The Project area is readily served by sewage infrastructure as the City passed ordinances and completed projects to eliminate septic tanks in the last two decades, despite that previous development onsite utilized septic tanks (Salem Engineering Group, October 17, 2019).
The CVWD Cook Street plant will receive and treat sewage discharged into its collection system through DWA infrastructure in the Project area. The Project would no t require the use of septic tanks or alternative wastewater disposal systems or result in impacts related to the ability of soils to support septic tanks or alternative wastewater disposal systems. No impacts would occur and no mitigation measures would be required.
f) Less Than Significant Impact. Paleontological resources are the fossilized remains of organisms that lived in a region in the geologic past and whose remains are found in the accompanying geologic strata. This type of fossil record represents the primary source of information on ancient life forms, most of which are now extinct. The Project site is not known to contain unique paleontological features. Also, there are no unique geological features (rivers, lakes, hills, faults, folds, etc.) located onsite that would directly or indirectly be destroyed by the proposed Project.
The surface soils consist of recently deposited alluvial sand and gravel that are not conducive to the location of paleontological resources.
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Mitigation Measures:
GEO-1 Development of the Project shall adhere to the recommendations set forth in the Project - specific Geotechnical Engineering Investigation (see Appendix D of this document), including but not limited to removal and recompaction of collapsible or weak soils during the grading phase and completion of additional geotechnical/soil investigations on the southern portion of the site proposed for the future residential development.
Monitoring:
GEO-A The City shall review and approve grading and building plans prior to the issuance of ground disturbing permits to ensure plans adhere to the recommendations set forth in the Project Geotechnical Engineering Investigation.
Responsible Parties: Project applicant, construction manager, Planning Department, City Engineer.
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VIII. GREENHOUSE GAS EMISSIONS
Would the Project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a
significant impact on the environment?
✓
b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; “2013 Cathedral City Climate Action Plan,” prepared by EcoMotion, May 2013; Project materials; Google Earth Pro; Assembly Bill 32 and 2019 California Green Building Standards Code; CalEEMod Version 2020.4.0
Environmental Setting
Air quality has become an increasing concern because of human health issues, but also because greenhouse gas emissions are contributing to global warming and climate change. The primary contributor to greenhouse gas emissions is the burning of fossil fuels through the use of automobiles, power and heat generators, and industrial processes.
The principal greenhouse gases (GHGs) include carbon dioxide (CO 2), methane (CH 4), nitrous oxide (N2O), ozone (O 3), and water vapor (H 2O), which are generated by both mobile and stationary sources, including vehicles, electricity and natural gas consumption, and emissions associated with water pumping and application of fertilizers.
The State of California has taken a leadin g role to curb GHG emissions and has developed laws and regulations to reduce these emissions. State legislation and regulations call for better integrated land use planning and curtailing energy production away from nonrenewable sources and toward new ren ewable sources, such as solar and wind. California SB 375 in part implements greenhouse gas reduction targets set forth in AB 32 and encourages regional land use planning to reduce vehicle miles traveled; it also requires jurisdictions to adopt a sustainab le communities strategy. The California Air Resources Board continues to draft regulations to implement the Scoping Plan. Senate Bill 350 requires that, by the year 2020, 50% of the electricity used in California is from renewables to help reduce statewide GHG emissions.
State law mandates that all cities decrease their GHG emissions to 1990 levels by the year 2020. Executive Order B-30-15 set an interim target goal of reducing GHG emissions to 40% below 1990 levels by 2030 to keep California on its trajec tory toward meeting or exceeding the long -term goal of reducing GHG emissions to 80% below 1990 levels by 2050, as set forth in Executive Order S-3-05.
Cathedral City Climate Action Plan, Energy Action Plan, and GHG Inventory The City of Cathedral City completed its first Climate Action Plan in May 2013 in an effort to address climate change at the local level by reducing greenhouse gas emissions within its own operations and within the overall community. The Climate Action Plan provides a framework for th e development and implementation of policies and programs that will reduce the City’s emissions and is tracked via the City’s Greenhouse Gas Inventory. In addition to the Climate Action Plan, the City prepared an Energy Action Plan (2013) to identify opportunities for cost savings through energy efficiency and actions necessary to meet the City’s future energy needs, consistent with the energy policies set forth by the State of California.
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In 2010 (baseline year), Cathedral City was over its 1990 baseline emissions value by 53,439 tonnes (236,863 tonnes). With growth predicted to exceed 19% between 2010 and 2020, “business as usual” conditions could reach 239,333 tonnes by 2020. To achieve the AB 32 target by 2020, Cathedral City would have to cut GHG emissions by 23.4%, or 55,909 tonnes for a total of 183,424 tonnes.
The following is a summary of major findings in the 2013 Greenhouse Gas Inventory:
• Communitywide emissions in 2010, using guidelines approved by the California Air Resources Board, total 236,863 tonnes CO2e.
• This level is 29.1% above 1990 target levels referenced in AB 32—183,424 tonnes CO2e. • The municipal contribution to the community’s emissions footprint is 1.3%, or 3,104 tonnes CO2e. • Electricity—predominantly used for air conditioning —is r esponsible for 39.9% of the community’s emissions.
• At 4.6 tonnes per capita, Cathedral City has low emissions relative to its neighboring cities. • Cathedral City’s transportation emissions are high relative to neighboring cities due to a larger segment of East Palm Canyon Drive (Highway 111).
• The per capita regional transportation emissions value of 2.8 tonnes CO2, when added to City emissions, puts Cathedral City’s total emissions per capita at 7.4 tonnes CO2e.
GHG Thresholds
On December 5, 2008, the SCAQMD formally adopted a greenhouse gas significance threshold of 10,000 MTCO2e/yr that only applies to industrial uses’ stationary sources where SCAQMD is the lead agency (SCAQMD Resolution No. 08-35). This threshold was adopted based upon an October 2008 staff report and draft interim guidance document that also recommended a threshold for all projects using a tiered approach.
It was recommended by SCAQMD staff that a project’s greenhouse gas emissions would be considered significant if it could not comply with at least one of the following “tiered” tests:
• Tier 1: Is there an applicable exemption?
• Tier 2: Is the project compliant with a greenhouse gas reduction plan that is, at a minimum, consistent with the goals of AB 32?
• Tier 3: Is the project below an absolute threshold (10,000 MTCO2e/year for industrial projects; 3,000 MTCO2e/year for residential and commercial projects)? • Tier 4: Is the project below a (yet to be set) performance threshold? • Tier 5: Would the project achieve a screening level with off-site mitigation?
a, b) Less Than Significant Impact. The proposed Project will generate GHG emissions during both construction and operation. As described in Section III, Air Quality, above, the California Emissions Estimator Model (CalEEMod) Version 2020.4.0 was used to quantify air quality emission projections, including greenhouse gas emissions (Appendix A).
Construction
Construction activities will result in short -term GHG emissions associated with operation of construction equipment, employee commute, material hauling, and other ground disturbing activities. As shown in Table 5, the project will generate 592.13 CO2e metric tons during the 2 -
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year construction period. There are currently no construction-related GHG emission thresholds for projects of this nature. To determine if construction emissions will result in a cumul atively considerable impact, buildout GHG emissions were amortized over a 30-year period and added to annual operational emissions to be compared to applicable GHG thresholds (see Table 5, below).
Operation
At buildout, there are five emission source ca tegories that will be contributing either directly or indirectly to operational GHG emissions, including energy/electricity usage, water usage, solid waste disposal, area emissions (pavement and architectural coating off -gassing), and mobile sources. Table 5 provides a summary of the projected short -term construction and annual operational GHG generation associated with buildout of the proposed Project.
According to the SCAQMD’s recommended threshold Tier 2, a project would have a less than significant impact if it would be consistent with an approved plan for the reduction of GHG. At the time of this analysis, the City’s GHG Inventory has not been updated to include current GHG emissions or City -specific 2030 and 2050 targets. In November 2017, CARB releas ed the 2017 Climate Change Scoping Plan that not only discusses the 2030 targets, but how to substantially advance toward the State’s 2050 climate goal to reduce GHG emissions by 80 percent below 1990 levels. To be consistent with statewide targets for 2030, CARB recommends a 6 .0 MTCO2e per capita emission rate to be in compliance with AB 32. 9 As shown in Table 5, the Project’s anticipated population increase of 616 persons would result in a per capita emission rate of 5.8 MTCO2e, and is therefore consistent with the state approved scoping plan for reducing GHGs.
Table 5
Projected GHG Emissions Summary
(Metric Tons)
Phase CO2e (MT/YR)
Construction
Construction Total 592.13
Operation
Area 4.29
Energy 659.60
Mobile 2,694.36
Waste 131.05
Water 83.49
Construction: 30-year amortized 1 19.73
Total Operational 3,592.52
Project Service Population Per Capita 5.8
CARB Per Capita 2030 Threshold 6.0
Exceeds Threshold? No
1. Buildout construction GHG emissions were amortized over 30- years then added to buildout operational GHG emissions. 592.13/30 = 19.73
9 “California’s 2017 Climate Change Scoping Plan,” California Air Resources Board. Page 101. November 2017
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Consistency with Local GHG Reduction Measures
The city adopted a CAP in 2013 that outlines a course of action to reduce municipal and communitywide GHG emissions that contribute to climate change. The CAP sets forth 77 reduction measures that cover seven spheres of daily activity – live, work, build, mobility, govern, recreate, learn – that represents 56,087 tonnes of annual CO2e savings, over the required 55,909 tonnes to reach compliance with AB 32 2020 levels. If the project is not consistent with the CAP measures or if the measures are not otherwise b inding, they must be incorporated as mitigation measures applicable to the project. Table 6 compares the proposed Project with the applicable CAP measures. As shown in the table, the proposed Project would implement applicable GHG reduction measures and therefore would be consistent with the CAP. It should be noted that the majority of reduction measures provided in the CAP are dependent on third party actions, including the City and utility companies. Nevertheless, the proposed Project will be constructed in conformance with the 2019 California Building Code, which sets for stringent energy efficiency requirements and standards for new development that support the goals of the Statewide GHG reduction plans.
Therefore, the Project is considered consistent with local and state GHG reduction measures, and impacts would be less than significant and mitigation would not be required.
Table 6
Consistency with Applicable
Climate Action Plan Reduction Measures
Measure Consistency
Build-3: Green Building Program: Promote
Voluntary Green Building Program to prepare for
enhanced Title 24 requirements and green building
standards
Consistent: The city has adopted the 2019 Edition
of the California Building Code as Part 2 of Title
24 of the California Code of Regulations. The
Project is required to meet the standards of the
Title 24 requirements.
Build-5: New and Efficient Construction: Promote
the Savings by Design Program from SCE for new
commercial buildings.
Consistent: The proposed Project would meet
Title 24 California Building Code Energy
Efficiency standards for which the Savings by
Design Program is based.
Mobility-4: Charging Stations: Foster public/
private partnerships to promote 10 additional public
access EV charging stations for existing EV and
NEV fleets
Consistent: The proposed Project would meet
Title 24 California Building Code Energy
Efficiency standards, which sets forth electric
vehicle charging stations requirements and
standards for new commercial a nd multi-family
residential construction (Chapter 4.106.4).
Mobility-7: Biking and Walking: Expand
bikeways, trails, and walking paths connecting
residential neighborhoods and commerce
Consistent: The project site design includes
pedestrian walkways throughout the site and
along East Palm Canyon Drive that will provide
residents convenient access to the project’s
commercial uses as well as other commercial uses
in the area.
Govern-13: Solar Ready Ordinance: Develop and
implement an ordinance requiring 100% of new
homes be solar ready (PV)
Consistent: The proposed Project would meet
Title 24 California Building Code mandatory
solar-ready requirements for new buildings.
Source: “2013 Cathedral City Climate Action Plan,” prepared by EcoMotion, May 2013
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Conclusion Summary
The City’s CAP and General Plan support and are consistent with the CARB 2017 Climate Change Scoping Plan and SCAG’s 2020 RTP/SCS (also see Section III Air Quality) . All components of construction and operation, including equipment, fuels, materials, and management practices, would be subject to the CAP, GPU policies, and current SCAQMD rules and regulations related to greenhouse gases, as discussed above. Based on these findings, the proposed Project will not conflict with an applicable plan, policy or regulation with the purpose of reducing GHG emissions and impacts will be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required.
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IX. HAZARDS AND HAZARDOUS
MATERIALS
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or
the environment through the routine transport,
use, or disposal of hazardous materials?
✓
b) Create a significant hazard to the public or
the environment through reasonably
foreseeable upset and accident conditions
involving the release of hazardous materials
into the environment?
✓
c) Emit hazardous emissions or handle
hazardous or acutely hazardous materials,
substances, or w aste within one -quarter mile
of an existing or proposed school?
✓
d) Be located on a site which is included on a
list of hazardous materials sites compiled
pursuant to Government Code Section
65962.5 and, as a result, would it create a
significant hazard to the public or the
environment?
✓
e) For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport
or public use airport, would the project result
in a safety hazard or excessive noise for people
residing or working in the project area?
✓
f) Impair implementation of or physically
interfere with an adopted emergency response
plan or emergency evacuation plan?
✓
g) Expose people or structures, either directly
or indirectly, to a significant risk of loss, injury
or death involving wildland fires?
✓
Sources: Phase I Environmental Site Assessment for the Proposed Commercial Development SWC East Palm Canyon Drive and Date Palm Drive,” prepared by SALEM Engineering Group, Inc., October 17, 2019; “Geophysical Anomaly Investigation Report,” prepared by SALEM Engineering Group, Inc, January 22, 2020; California Geotracker database, accessed May 2021; City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro.
Environmental Setting
The proper management of hazardous materials is a common concern for all communities within the Coachella Valley. Beginning in the 1970s, governments at the federal, state, and local levels became increasingly concerned about the effects of hazardous mater ials on human health and the environment.
Numerous laws and regulations were developed to investigate and mitigate these effects. As a result, the storage, use, generation, transport, and disposal of hazardous materials are highly regulated by federal, state, and local laws and regulations.
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The subject property is surrounded by retail and residential development, a flood control channel, and the Santa Rosa Mountains. The site was previously developed with a gasoline service station, an automobile service/repair facility, and single-family residences, all of which have been demolished and followed by mass grading. These former structures onsite used septic tanks before the sewage system was connected to the Project area.
Proposed development would bring a variety of commonly used but potentially hazardous materials, including chlorine for pools and chemicals typical of restaurant, retail and residential developments. The gasoline station proposed onsite will result in the transport, storage, and use of hazardous materials.
Hazardous materials transport, storage, and use in the Cathedral City is strictly regulated for large quantity users, such as industrial processes and commercial dry cleaners. The city implements the General Plan’s Hazardous and Toxic Materials Element through regular consultation with the Regional Water Quality Control Board (RWQCB), Fire Department, and County Department of Environmental Health.
There is one cleanup site located on the subject property and three cleanup sites located in proximity to the Project site (State Water Resources Control Board’s online database , GeoTracker ). All sites are designated leaking Underground Storage Tank ( LUST) cleanup sites and all cases have been completed and closed. The LUST sites include:
On Project Site:
• World Oil #71 (former) (Case T0606500919)
In Proximity to Site:
• Palm Springs Oil #9, 68830 East Palm Canyon Drive (Highway 111) (Case T0606500929) • Shell Former Cathedral City, 69010 East Palm Canyon Drive (Highway 111) (Case T0606512976) • Shell Station, 69010 East Palm Canyon Drive (Highway 111) (Case T0606500910)
SALEM Engineering Group, Inc. prepared a Phase I Environmental Site Assessment in 2019 and a Geophysical Anomaly Investigation in 2020 for the proposed Project, and is discussed below.
Discussion of Impacts
a, b) Less Than Significant Impact with Mitigation. The proposed Project includes development of multi-family residential units, restaurants, gas station, and general commercial and retail land uses.
Fueling stations and underground fuel tanks would be installed for the gas station. The installation, operation and maintenance of underground storage tanks is highly regulated by County, State and federal agencies, as described below, which would assure that impacts associated with these facilities would be less than significant on the Project site.
Diesel and regular gasoline fuel would be transported to the site. The nearest gas station is ARCO located at 36001 Date Palm Drive, approximately 0.6 miles north to the site. Storage tank refueling is a routine procedure and fuel is currently being transported to other gas stations in the City. The storage of automobile fuel in underground storage tanks will be carried out in accordance with California Code of Regulations Title 23, Division 3, Chapter 16, California Health and Safety Code Section (25280 – 25299.8) and Riverside County Ordinance 617., which specifies responsibility of unauthorized releases, investigation and records, and violations and enforcement
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actions. 10 The new tanks would be designed in a manner that provides spill and overflow protection, in accordance with Division 20, Chapter 6.7, of the California Health and Safety Code, section 25290.1(a).
The other components of the project (multi-family residential, restaurants, and general commercial and retail land uses) would involve use of limited quantities of hazardous materials such as cleaning and degreasing solvents, fertilizers, pesticides, and similar materials. These chemicals will be transported and stored within the project site. These will occur in limited quantities and will not require a hazardous material handling/storage permit. The manner in which commercial chemicals are stored and handled is highly regulated by the Fire Department, County and State.
These standard requirements will assure that impacts associated with commerc ial quantities of chemicals will be less than significant.
Construction of the Project would also involve the temporary use of potentially hazardous materials, including vehicle fuels, paints, oils, and transmission fluids. However, all potentially hazardous materials would be contained, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable federal, State, and local regulations. Any associated risk would be adequately reduced to a less than significant le vel through compliance with these standards and regulations.
Phase I Site Assessment (2019)
The Project site was previously developed with a gasoline service station, automobile service/repair facility, and single -family residences that were connected to septic systems. The northwest corner of the subject property contained a World Oil gas station that was designated a LUST (Leaking Underground Storage Tank) Cleanup Site due to a release of gasoline in 1995 (California Geotracker database, Case No. T060650 0919, 68869 East Palm Canyon Drive (Highway 111)). Cleanup was completed, and the case was closed in June 1996. The gas station was demolished by 2002.
In October 2019, a Phase I Environmental Site Assessment was conducted on the subject property to deter mine the presence or absence of any hazardous substances or petroleum products (Appendix F). The report concluded that, due to the potential of USTs remaining on the subject property, there is a potential health risk associated with vapor intrusion in whic h vapors moving up through soil could get into the indoor air of future buildings. The report recommended a geophysical survey to determine the locations of possible sub -grade structures remaining from prior development.
Geophysical Anomaly Investigation (2020)
SALEM conducted a geophysical survey on December 30 and 31, 2019 on the northernmost 2 acres of the subject property that was historically occupied by a World Oil Company gasoline service station and a Firestone automobile service/repair facility (Appendix C). Seven high - amplitude anomalies were observed onsite and later identified as buried metallic pipes or suspected utility vault. One anomaly, in proximity to the location of the former gas station, exhibited “tank- like” characteristics that required further investigation.
10 County of Riverside - Department of Environmental Health – Underground Storage Tanks, https://www.rivcoeh.org/OurServices/HazardousMaterials/UndergroundStorageTanks, Accessed May 2021.
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SALEM performed the UST excavation activities on January 17, 2020. The suspect tank was rusty, however the steel was intact and soil samples collected from below the UST did not identify the presence of TPH -G/D/O or VOCs, and total lead concentrations were well below regulatory agency screening levels. Based on these findings, SALEM concluded that no further investigation related to the possible existence of subsurface structures of potential environmental concern is necessary at the subject property. However, SALEM recommends that the UST be cleaned, removed, and disposed prior to redevelopment of the subject property.
To reduce potential impacts related to the release of hazardous materials to less than significant levels, Mitigation Measure HAZ-1 is included at the end of this section, consistent with the findings of the geophysical anomaly investigation. With the implementation of this mitigation measure, potential impacts associated with hazardous materials will be reduce d to less than significant levels.
c) No Impact. There is no school located within ¼ mile of the Project site. Mayfield College is the nearest school and is located approximately 0.92 miles north of the subject property, and Cathedral City Elementary School is located approximately 0.95 miles to the northeast. Project construction and operations would involve the use and storage of hazardous materials in accordance with manufacturers’ instructions and handled in compliance with applicable federal, State, and local regulations. No impacts to schools would occur and no mitigation measures would be required.
d) Less than Significant Impact With Mitigation. The Project site is currently vacant and is not included on a list of active hazardous sites compiled pursuant to Government Code Section 65962.5. H owever a UST was discovered during the Phase I Environmental and Geophysical Anomaly Investigation that requires removal prior to site development (see response to a, b above).
Mitigation Measure HAZ-1 w as included to reduce potential impacts related to the relea se of hazardous materials to less than significant levels.
e) No Impact. The Palm Springs International Airport (PSP) is approximately 4 miles northwest of the subject property. The Project planning area is well outside the airport planning boundary and operational and navigational hazard area. Therefore, the proposed Project would not result in a safety hazard or excessive noise for people residing or working at the Project site, and no mitigation measures would be required.
f) Less Than Significant Impact. The proposed Project site is located south of East Palm Canyon Drive (Highway 111) and east of Van Fleet Avenue . According to Project site plans, the commercial portion of the Project is proposing to locate primary access at the East Palm Canyon Drive intersections of Allen Avenue and Date Palm Drive. The Allen Avenue driveway is currently improved with curb cuts and the intersection is partially constructed for a traffic signal. The Date Palm Drive access point will require curb cut improvements. Secondary access will occur along A Street, which currently bisects the northwestern corner of the proposed site with driveways on East Palm Canyon Drive and Van Fleet Avenue . Access point locations for the future residential development on the southern portion of the site is currently unknown. However it is anticipated that access will be provided by Van Fleet Avenue and D Street.
Major roadways near the project site, including East Palm Canyon Drive and Date Palm Drive would be used as regional emergency evacuation routes to and from the City. The project access points will not alter the existing circulation pattern in the project area or adversely impact evacuation plans. The majority of construction activities for the Project would be confined to the
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Project site itself. Some partial lane closures , detours, or other traffi c disruptions are likely. The project’s proposed parking and circulation plans will be reviewed by the Fire and Police Departments to assure that driveways are adequate for emergency vehicles. In addition, construction traffic management plans will be required to assure that the proposed Project will not interfere with an adopted emergency response plan or emergency evacuation plan. These standard requirements will assure that there will be no impacts associated with emergency response.
g) No Impact. The Project site is located in an urban area . According to the CalFire Fire Hazard Severity Zone map, the Project site is outside a fire hazard zone. 11 Wildfire risks exist given the site’s proximity to the Santa Rosa Mountains; however, the foothills in Cathe dral City are characterized by rocky terrain and sparse vegetation, and wildfire risks have been historically very low. Therefore, the Project would not subject people or structures to a significant risk of loss, injury, or death as a result of exposure to wildland fires. No project related impact is expected.
Mitigation Measures:
HAZ-1 Per the Geophysical Anomaly Investigation Report, the existing UST located onsite shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
Monitoring:
HAZ-A Prior to the issuance of any building permit, the UST shall be cleaned, removed, and disposed prior to redevelopment of the subject property.
Responsible Parties: Project applicant, qualified engineer, Planning Department, City Engineer.
11 Fire Hazard Severity Zone online map, CalFire. https://egis.fire.ca.gov/FHSZ/ Accessed May 2021.
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X. HYDROLOGY AND WATER
QUALITY
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
✓
b) Substantially decrease groundwater supplies
or interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
✓
c) Substantially alter the existing drainage
pattern of the site or area, including through the
alteration of the course of a stream or river or
through the addition of impervious surfaces, in
a manner which would:
(i) result in substantial erosion or siltation on-
or off-site; ✓
(ii) substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on- or off-site;
✓
(iii) create or contribute runoff water which
would exceed the capacity of existing or
planned stormwater drainage systems or
provide substantial additional sources of
polluted runoff; or
✓
(iv) impede or redirect flood flows? ✓
(d) In flood hazard, tsunami, or seiche zones,
risk release of pollutants due to project
inundation?
✓
(e) Conflict with or obstruct implementation of
a water quality control plan or sustainable
groundwater management plan?
✓
Sources: City of Cathedral City 2040 General Plan ; City of Cathedral City General Plan Update DEIR, 2019; “Preliminary Hydrology Report, Cathedral Cove Center,” prepared by David Evans and Associates Inc., April 6, 2021; “Project Specific Water Quality Management Plan for Cathedral Cove Center,” prepared by David Evans and Associates Inc., December 23, 2019; Project materials; Google Earth Pro.
Environmental Setting
Domestic Water Supplier
The Desert Water Agency (DWA) provides domestic water to development south and west of the Whitewater River Stormwater Channel in Cathedral City, including the subject p roperty. Its primary source of water is groundwater extracted by deep wells from the Whitewater River subbasin. The total storage capacity of the Indio/Whitewater River subbasin is approximately 28.8 million acre -feet and it currently contains approximately 25 million acre-feet. It is capable of meeting the water demands of the Coachella Valley, including the City, for extended normal and drought periods. DWA’s domestic water
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system includes more than 25 wells with depth of 1000 to 1200 feet to serve its customer base. DWA also replenishes the groundwater basin with water from the State Water Project via the Colorado River Aqueduct, which CVWD and DWA use to fill recharge ponds located at Whitewater and Mission Creek.
The Project will require installation of onsite water pipelines that connect to existing major trunk lines located under East Palm Canyon Drive. It will also require both potable water for use in residential, hotel and commercial buildings, and recycled water for irrigation of landscaping.
The proposed Project will result in a mixed -use commercial development on approximately 13.93 acres in the City of Cathedral City. The commercial portion will be 5.81 acres, and the remaining of the property will consist of an up to 200-unit multi-family residential development. State Water Code Section 10910(a) states that any city or county that determines that a “Project,” as defined in Water Code Section 10912, shall prepare a water supply assessment. The threshold defined by the Water Code is 500 dwelling units, 500,000 square feet (approximately 11.48 acres) of commercial development, or a com bination thereof resulting in the equivalent of 500 dwelling units. The proposed Project does not meet either threshold of 500 dwelling units or 500,000 square feet of commercial development ; therefore, a water supply assessment is not required.
Wastewater Treatment Provider and Sewer System
DWA also provides wastewater collection service to the Project area. DWA does not operate a wastewater treatment plant; its wastewater collection system is connected to CVWD’s sewer system through which wastewater is conveyed to the Cook Street wastewater treatment plant in Palm Desert. CVWD continually increases the capacity of its wastewater reclamation facilities by con structing new treatment ponds, aeration, and other structures. CVWD also implements the requirements of the Regional Water Quality Control Board pertaining to domestic water quality and wastewater discharge.
Flood Control
The Project site is located in the Coachella Valley where the average rainfall is approximately 3.76 inches per year. Several watersheds drain the adjoining elevated terrain of the San Jacinto and Santa Rosa Mountains towards the valley floor. The Project site slopes gently to the north and is surrounded by urban development and a fenced flood control channel ; there are no or limited tributary flows to and from the site. The proposed Project will not discharge into either regional or local drainages. Rather, it will manage stormwater on-site with a retention basin and potentially an underground system.
The Project area is subject to City requirements relating to flood control. The City implements standard requirements for the retention of storm flows, and participates in the National Po llution Discharge Elimination System (NPDES) to protect surface waters from pollution.
Discussion of Impacts
a, e) Less Than Significant Impact. A significant impact may occur if a Project discharges water which does not meet the quality standards of agencies that regulate surface or ground water quality and water discharge into stormwater drainage systems.
The site currently drains to the northerly boundary onto East Palm Canyon Drive whe re it is conveyed into a series of catch basins into the public storm drain that discharges storm water in the Cathedral Canyon Channel. Based on preliminary design, stormwater runoff from the development site will be conveyed through a system of underground storm drains that collect water to five underground detention and infiltration basins throughout the site. These basins are proposed
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and are generally located on Parcels 1, 3, 4, 5, and A Street. The basins have been designed to contain an emergency ove rflow for events up to the 100 -year storm. Excess stormwater would flow through an outlet structure connected to the existing public storm drain located along East Palm Canyon Drive.
The proposed Project will generate demand for domestic water and waste water, which will be governed by DWA standard requirements. Construction of on -site connections will be subject to all DWA requirements. The proposed Project will not violate water quality standards or waste discharge requirements.
The proposed Project will be required to comply with DWA and National Pollutant Discharge Elimination System (NPDES) regulations to minimize the pollutant load associated with urban activities. Meeting those standards requires the preparation and approval of a WQMP and Storm Water Pollution Prevention Plan, both of which must be approved by the City prior to the initiation of construction activities. Both plans will include Best Management Practices that will protect surface waters from pollutants in storm flows during both construction and long-term operation of the Project. Disposal of grease and oil would be required to comply with Riverside County Department of Environmental Health and Regional Water Quality Control Board (RWQCB) regulations. The imposition of conditions of approval and adherence to local, state and federal requirements will assure that impacts associated with water quality standards are less than significant.
b) Less Than Significant Impact. The proposed Project will require potable water for use in residential, retail and commercial buildings . The American Water Works Association Research Foundation (AWWARF) has developed demand factors for land use categories including residential uses. As shown in the table below, the Proj ect has the potential to generate a demand of 37.52 acre-feet per year.
Table 7
Water Demand at the Project Buildout
Proposed Land
Use
Max/Min
Allowed
Water Consumption
Factor
Water Demand
(gpd)
Total Water
Demand At
buildout (AFY)
Multi-Family
Residential 200 DU 117.7-gallons per unit
per day 23,540 gpd 26.37
General Retail
and Restaurants 5.81 acres 1.92 acre-feet per
acre per year (AFY)
11.15 acre-feet per
year (AFY) 11.15
TOTAL 37.52
The Coachella Valley’s largest water supply source is groundwater from the Whitewater River Basin. DWA works with five other Coachella Valley water suppliers to manage the underground water basins and to better serve the City and greater Coachella Valley . The proposed Project is consistent with the land use designation assigned to it in the General Plan, on which, in part, DWA based its future water demand analysis when contributing to the 2020 Coachella Valley Regional Urban Water Management Plan (RUWMP). According to the 2020 RUWMP, DWA anticipated a total water demand (deliveries) of 36,228 AF/year in 2025.12 The proposed Project will increase water demand (expected DWA deliveries) by 0.1% over the projected 2020 demand. The project
12 Table 6-7. DWR 4-2R Projected Demands for Water (AF), 2020 Coachella Valley Regional Urban Water Management Plan, prepared by Water Systems Consulting, Inc. June 30, 2021
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will connect to existing water lines beneath East Palm Canyon Drive. No new wells or additional water infrastructure are proposed. Therefore, project impacts associated with domestic water demand are expected to be less than significant.
The project will be required to comply with the DWA’s water-efficiency requirements, including the use of drought -tolerant planting materials and limited landscaping irrigation . Landscaping water demands will marginally increase the Project’s overall water demand, however DWA offers non-potable, recycled water may be available for commercial irrigation. Buildings will be equipped with water efficient fixtures in compliance with Building Code requirements to reduce water consumption. Implementation of these and other applicable requirements w ill assure that water-related impacts remain at less than significant levels.
c i-iv) Less Than Significant Impact. The Project site consists of generally flat terrain that gently slopes to the north (<5%) and contains no rivers or streams. The northwest portion of the site is developed with a paved parking lot; the remainder of the site is vacant but has been graded. Development of the proposed Project will increase impermeable surfaces onsite and , therefore, increase onsite storm flows.
The site currently drains to the northerly boundary onto East Palm Canyon Drive where it is conveyed into a series of catch basins into the public storm drain that discharges storm water in the East Cathedral Canyon Flood Control Channel. The proposed grading and drainage plan for the site will be designed to maintain these existing drainage characteristics. Stormwater runoff from the development site will be conveyed through a system of underground storm drains that collect water to five underground detention and infiltration throughout the site. The basins have been designed to contain an emergency overflow for events up to the 100 -year storm. Excess stormwater would flow through an outlet structure connected to the existing public storm drain located along East Palm Canyon Drive.
The proposed Project will be required to comply with the City’s storm water retention requirements, including the approval of a project-specific final hydrology study and water quality management plan prior to the issuance of building permits. In addition, implementation of City required BMPs will reduce pollutants of concern that may enter nearby receiving waters and help reduce short and long-term water quality impacts caused by the construction and operation of the proposed Project. Approval of the WQMP, SWPPP, and the required BMPs will reduce impacts to surface waters by reducing erosion, siltation, and eliminating pollutants in storm flows. With the implementation of this standard requirement, the impacts to downstream water bodies associated with surface water pollution will be less than significant.
d) Less Than Significant Impact. A seiche is an oscillation of a body of water in an enclosed or semi enclosed basin, such as a reservoir, harbor, lake, or storage tank. A tsunami is a sea wave or pulse typically caused by undersea earthquakes.
The proposed Project site is not located in the vicinity of a water body. No hazard from dam failure, tsunami or seiche is possible. The East Cathedral Canyon Flood Contorl Channel is adjacent to the southeast boundary of the subject property. It directs stormwater runoff from the Santa Rosa Mountains to the Whitewater River Stormwater Channel and, as such, reduces flood risks on nearby properties, including the subject property. The subject property is designated on Flood Insurance Rate Maps (FIRM) as “Zone X: Area With Reduced Flood Risk Due to L evee.” Zone X represents areas of 0.2% annual chance of flood, areas of average depths of less than 1 foot or
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with drainage areas less than 1 square mile, and areas protected by levees from 1% annual chance flood. Therefore, the subject property has a low flood risk. A less than significant impact is anticipated.
Mitigation Measures:
None required.
Monitoring:
None required
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XI. LAND USE AND PLANNING
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established
community? ✓
b) Cause a significant environmental impact
due to a conflict with any land use plan,
policy, or regulation adopted for the purpose
of avoiding or mitigating an environmental
effect?
✓
Sources: City of Cathedral City 2040 General Plan, Adopted 2021 ; City of Cathedral City General Plan Update DEIR, 2019; Cathedral City Municipal Code; Project materials; Coachella Valley Multiple Species Habitat Conservation Plan (MSHCP) 2013; Project materials; Google Earth Pro 7.3.2.5776.
Environmental Setting
The Project site is designated as Downtown Commercial in the General Plan Land Use Map. The site is zoned Downtown Residential Neighborhood and Mixed Use Commercial and is governed by the policies and land use designations of the City of Cathedral City General Plan and Zoning Ordinance.
The City participates in the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), as discussed above in Section IV, Biological Resources, and is a Permittee under that Plan.
Discussion of Impacts
a) No Impact. The subject property is currently primarily vacant with some paved area and parking spaces in the northwest corner, in downtown Cathedral City . The surrounding residential communities and commercial development will not be affected by the proposed Project because they are physically separate from and operate independently of the proposed Project, and they can be accessed by roads that are separate from the subject property. The existing commercial building and A Street configuration on the northwest corner of the site will remain intact and existing access points will be maintained. The proposed commercial uses are compatible with the existing commercial business, which will not be significantly impacted but can b e expected to have a net positive effect by increasing traffic to the shopping center and expanding the customer base. The Project would not impede access to surrounding properties or otherwise physically divide an established community. No impact is anticipated.
b) Less Than Significant Impact. The Project site is designated as Downtown Commercial on the City’s General Plan Land Use Map, which support s the zoning designations of Downtown Residential Neighborhood (DRN) and Mixed Use Commercial (MXC) assigned to the Project site.
The Downtown Commercial designation provides for a variety of commercial centers, ranging from storefront scale buildings and office space, to lodging and entertainment establishments.
Permitted land uses for Mixed Use Commerc ial include a mix of residential, up to 45 dwelling units per acre (DU/AC), commercial retail, office and public gathering spaces. Uses may be mixed either horizontally or vertically, with an emphasis on commercial and allowing “big box” development. Permitted land uses for Downtown Residential include single - or multiple-family dwellings, home occupations, permitted occupational activities within a live/work unit, as well as supportive and transitional housing up to 36 DU/AC for lots greater than 42,000 square feet.
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The City’s Zoning Map designates the northern portion of the Project site along East Palm Canyon Drive as MXC, and the southern portion as DRN. According to the Cathedral City Municipal Code Section 9.31.040, when multiple parcels are part of a single development, and the zoning for the development is a mixture of MXC and DRN, the provisions of either zone shall apply to the entire project area. Therefore, the proposed Project land uses will not conflict with the boundary between DRN and MXC in the Zoning Map pending confirmation by the Planning Commission at the time of Project approval.
The following permits are requested for the proposed Project : Planned Unit Development, Conditional Use Permit, Design Review, Zone Ordinance Amendment, and Tentative Parcel Map.
The Zone Ordinance Amendment proposes minor changes to the Mixed-Use Commercial (MXC) and Downtown Residential Neighborhood (DRN) zones text , which allows the Project to be developed without conflicting with the zoning designations. Specifically, the MXC zone text will modified to include a new section titled “Special Regulations for Cathedral Cove” to conditionally permit the proposed land uses with regulations specific to the Project site, including drive-through restaurants/cafes and gasoline fueling stations. The proposed land uses are currently permitted or conditionally permitted along the city’s commercial corridor; therefore, the Project is consistent with the city’s existing commercial development pattern and will not confl ict with existing land uses. Other minor text modifications are proposed but do no impact land use.
Lands surrounding the site are primarily designated as Downtown Commercial, and two parcels on the east and northwest are designated as General Commercial. Lands to the south are designated low density residential. Therefore the proposed Project is also considered consistent with existing zoning and land use plans with regard to use, size and scale, and will provide a cohesive land use transition between the residential and DRN/MXC zoning designations.
The proposed Project supports the General P lan’s policies regarding the development of mixed- use projects in the Downtown area that combine high density residential with local commercial services. Therefore, the proposed Project will be consistent with adopted plans and programs and impacts to land use policy are expected to be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required
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XII. MINERAL RESOURCES
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
✓
b) Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific
plan or other land use plan?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro 7.3.2.5776; Updated Mineral Land Classification Map for Portland Cement Concrete -Grade Aggregate in the Palm Springs Production-Consumption (P-C) Region, Riverside County, California (2007).
Environmental Setting
In the Coachella Valley, mineral resources are largely limited to aggregates , such as sand, gravel, and crushed stone. These are major components of concrete, plaster, stucco, road base and fill, which a re essential to the construction industry. There are important deposits of these materials that occur within the region that are being actively developed. Aggregate products are now being recycled when roads are resurfaced and buildings demolished, lowerin g the demand for mining new aggregate. According to the Cathedral City General Plan, the City is classified as Mineral Resource Zone 3 (MRZ-3) which generally refers to areas where development has limited the ability to determine the presence or amount of mineral resources.
Discussion of Impacts
a, b) No Impact. The Project site is currently undeveloped; previous development has been demolished and followed by mass grading. The Project area is located in a State-designated Mineral Resource Zone MRZ-3, which is defined as an “area containing mineral deposits, the significance of which cannot be evaluated from available data.” The Project site occurs in an urban setting and is not designated for mineral resource extraction; therefore, the Project would not result in the loss of availability of a mineral resource or a mineral resource recovery site. No impacts would occur and no mitigation measures would be required.
Mitigation Measures:
None required.
Monitoring:
None required
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XIII. NOISE
Would the Project result in:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of
standards established in the local general plan
or noise ordinance, or applicable standards of
other agencies?
✓
b) Generation of excessive groundborne
vibration or groundborne noise levels? ✓
c) For a project located within the vicinity of
a private airstrip or an airport land use plan or,
where such a plan has not been adopted,
within two miles of a public airport or public
use airport, would the project expose people
residing or working in the project area to
excessive noise levels?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; City of Cathedral City Municipal Code Section 11.96; “Cathedral Cove Center Noise Impact Analysis,” prepared by Urban Crossroads March 5, 2022; Riverside County Airport Land Use Compatibility Plan, V olume 1: Policy Document, October 14, 2004; Project materials; Google Earth Pro 7.3.2.5776.
Environmental Setting
Noise sources can be divided into two general categories, transportation sources (primarily traffic) and non-transportation or “stationary” sources. Transportation sources are by far the largest contributor to community noise levels. Local government has little direct control over transportation noise; rather, state and federal agencies assume the responsibility over vehicle noise emission levels. Methods to reduce the impacts of noise on sensitive land uses may include vehicle trip reduction, noise barriers, and setbacks.
City’s Noise Regulations
Table S -6 (Land Use Compatibility for Community Noise Environments ) of the General Plan shows acceptable noise levels for various land uses. Acceptable exterior noise levels for residential development range from 45 to 65 dBA CNEL , and 45 to 7 2.5 dBA CNEL for commercial development. These noise levels do not include construction-related noise levels, as construction activities generate temporary noise.
General Plan standards are supplemented by Municipal Code Chapter 11.96, the Noise Ordinance, which regulates noise throughout the City.
Urban Crossroads prepared a noise impact analysis for the proposed Project (Appendix E). Its findings are summarized in the analysis below.
Discussion of Impacts
a) Less than Significant Impact. The subject property is currently vacant and undeveloped. The main noise source in the area is vehicular traffic on East Palm Canyon Drive. The surrounding area mainly consists of commercial and resident ial development and vacant lands. The nearest sensitive receptors are the single-family residences immediately west of Van Fleet Avenue and south of D Street.
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Off-Site Construction Noise Impacts
Noise generating construction activities would include site preparation, excavation, grading, and the construction and finishing of the proposed buildings. Noise levels surrounding the Project site could be elevated for short periods of time, as equipment moves through the site. These noise levels would be limited to the less sensitive daytime hours, and would cease once building construction began. Construction activities will comply with the City’s Municipal Code Section §
11.96.070 which limits construction times and days as follows:
October 1st through April 30th:
(a) Monday through Friday, 7:00 a.m. through 5:30 p.m.
(b) Saturday, 8:00 a.m. through 5:00 p.m.
(c) Sunday, No permissible hours
(d) State Holidays, No permissible hours
May 1st through September 30th:
(a) Monday through Friday, 6:00 a.m. through 7:00 p.m.
(b) Saturday, 8:00 a.m. through 5:00 p.m.
(c) Sunday, No permissible hours
(d) State Holidays, No permissible hours
The noise impact analysis referenced noise level measurements published in the Update of Noise Database for Prediction of Noise on Construction and Open Sites by the Department for Environment, Food and Rural Affairs (DEFRA). According to the noise analysis, daytime construction noise levels should not exceed 80 dBA Leq for an 8-hour period. Four noise receiver locations were chosen to analyze potential noise impacts from construction activities. Results of the analysis are as follows:13
• R1: 58 feet south of the property boundary. Highest level: 74.5 dBA Leq • R2: 118 feet west of the property boundary. Highest level: 72.3 dBA Leq • R3: 716 feet north of the property boundary. Highest level: 64.8 dBA Leq • R4: 718 feet east of the property boundary. Highest level: 61.7 dBA Leq
Results of the construction noise analysis shows that the nearest receiver locations will be below the reasonable daytime 80 dBA Leq significance threshold, and therefore impacts due to Project construction noise is considered less than significant.
Project Operational Noise
At buildout, principal Project-related noise sources will include vehicular traffic accessing the site, roof-top air conditioning units, drive-through speakerphones, trash enclosure activity, parking lot vehicle movements, and gas station activity . Operational noise levels were evaluated against the City’s exterior noise level thresholds at five nearby noise-sensitive receiver locations:14
13 Table 11-2 Typical Construction Equipment Noise Level Summary, “Cathedral Cove Center Noise Impact Analysis,” prepared by Urban Crossroads March 5, 2022. See Appendix E of this Initial Study. 14 Table 10-2 Daytime Project Operation Noise and Table 10-3 Nighttime Project Operational Noise, “Cathedral Cove Center Noise Impact Analysis,” prepared by Urban Crossroads March 5, 2022. See Appendix E of this Initial Study.
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• R1: 58 feet south of the property boundary. Daytime: 43.0 dBA Leq , Nighttime: 39.9 dBA Leq
• R2: 118 feet west of the property boundary. Daytime: 43.6 dBA Leq , Nighttime: 40.3 dBA Leq
• R3: 716 feet north of the property boundary. Daytime: 43.2 dBA Leq , Nighttime: 39.7 dBA Leq
• R4: 718 feet east of the property boundary. Daytime: 39.2 dBA Leq , Nighttime: 35.7 dBA Leq
• R5: Future residential components of Project, 10 feet sout h of planned commercial land uses. Daytime: 51.8 dBA Leq , Nighttime: 48.1 dBA Leq
Per the City’s General Plan, noise level thresholds are 65 dBA Leq during the daytime hours and 60 dBA Leq during nighttime hours. Results of the noise analysis shows the P roject operational noise levels during the daytime hours of 7:00 a.m. to 10:00 p.m at the off -site receiver locations are expected to range from 39.2 to 51.8 dBA Leq, and operational noise levels during the nighttime hours of 10:00 p.m. to 8:00 a.m. are expected to range from 35.7 to 48.1 dBA Leq. Therefore, the operational noise impacts are considered less than significant.
Off-Site Ambient Noise Increase Impacts
The Project operational noise levels are combined with the existing ambient noise levels measurements for the nearest off -site receiver to evaluate the ambient operational noise level increases in the Project area. According to the noise study, the Project will generate a daytime and nighttime operational noise level increases ranging from 0.0 to 0.5 dBA Leq at the nearest receiver locations.15 For a noise level increase to be considered substantial, a project would need to increase ambient noise levels by more than 5 dBA CNEL if existing conditions are less than 60 dBA CNEL, and more than 1.5 dBA CNEL if existing conditions are greater than 65 dBA CNEL. Therefore, Project-related operational ambient noise level increases are considered less than significant.
Transportation Noise Impacts
The primary source of exterior transportation noise affecting the Project site is anticipated to be from East Palm Canyon Drive (Hwy 111), Van Fleet Avenue and “D” Street, and to a lesser extent the Project’s internal roads. According to the noise analysis, and per the City’s General Plan land use compatibility standards, noise levels of up to 65 dBA CNEL are “acceptable” and levels up to 70 dBA CNEL are “conditionally acceptable” for single -family residential uses. Results of the noise analysis indicate that for all three primary roadways, unmitigated exterior noise levels would not exceed the land use compatibility noise thresholds.
To evaluate interior transportation noise impacts , the noise analysis relies on the acceptable 45 dBA CNEL interior noise li mit for new construction. Assuming standard building construction, results of the analysis shows future interior noise levels are expected to range from 21.1 to 35.9 dBA CNEL, thus satisfying the 45 dBA CNEL interior noise level standard.16
15 Table 10-5 Daytime Project Operational Noise Level Increases and Table 10-6 Nighttime Project Operational Noise Level Increases, “Cathedral Cove Center Noise Impact Analysis,” prepared by Urban Crossroads March 5, 2022. See Appendix E of this Initial Study.
16 Table 8-2 Interior Noise Levels (CNEL), “Cathedral Cove Center Noise Impact Analysis,” prepared by Urban Crossroads March 5, 2022. See Appendix E of this Initial Study.
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In summary , bo th exterior and interior transportation noise level impacts would be below established thresholds and no mitigation is required. Impacts are considered less than significant.
b) Less Than Significant Impact. Groundborne vibration would produce groundborne noise, which is a rumbling sound. During construction of the proposed Project, ground-borne vibration and/or ground-borne noise would be generated, which could be felt by adjacent land uses. Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type.
The noise analysis used the vibration assessment methods defined by the Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual. The same four receiver locations were used to analyze vibration -related impacts. Based on maximum acceptable continuous vibration threshold of 0.3 PPV (in/sec) for older residential buildings, the noise analysis found that typical Project constru ction vibration levels would not exceed the building damage thresholds at all receiver locations.
It is expected that ground -borne vibration from project construction activities would cause only intermittent, localized intrusion due to heavy construction equipment and trucks. The Municipal Code exempts construction activities from short -term, short-duration noise standards when they are conducted during permitted time frames. The City will require that construction activity comply with Chapter 11.96 of the Municipal Code, which limits construction activity to hours discussed in response a), above. These requirements will reduce impacts to less sensitive daytime hours and assure that short -term ground-borne impacts will be less than significant. Long -term operation of the project is not expected to generate ground-borne vibrations or noise. Impacts will be less than significant.
c) No Impact. The Project site is located approximately four miles southeast of the Palm Springs International Airport (PSP) and outside of existing and modeled future airport noise contours.
Therefore, no impacts would occur, and no mitigation measures would be required.
Mitigation Measures:
None required.
Monitoring:
None required
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XIV. POPULATION AND HOUSING
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
✓
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
✓
Sources: City of Cathedral City 2040 General Plan ; City of Cathedral City General Plan Update DEIR, 2019; 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Appendix: Demographics & Growth Forecast, Table 11, Southern California Association of Governments, December 2015; California Department of Finance, City/County Population and Housing Estimates, 2021; Project materials.
Environmental Setting
According to the California Department of Finance, the population of the City of Cathedral City was estimated to be 53,973 (2021).17 The City housing stock is composed of a mix of single-family and multi- family development, but the majority ( 22.7%) of housing units are single -family detached homes. The Southern California Association of Governments (SCAG) estimates that the City will have a total population of 76,300 in 2045.18
Discussion of Impacts
a) Less Than Significant Impact. The Project would result in the construction of 200 new multi- family residential units and commercial development, including restaurant, retail, and a gas station.
Given the City’s average household size of 3.08 persons19, the 200 new units could potentially include a permanent population of approximately 616 persons. This represents 0.8% of the City’s anticipated 2045 population of 76,300, which would have a less than signific ant impact on the overall population of the area. The subject property is designated for Downtown Residential Neighborhood and Mixed-Use Commercial development in the Zoning map and, therefore, onsite population growth is planned and part of the City’s vision for this site.
The Project will generate a variety of new jobs, including construction, restaurant, and retail jobs and could attract new residents to the city. The Southern California Association of Governments (SCAG) estimates that the city will have a total employment of 18,000 in 2045. M ost jobs are expected to be filled by people already living in the valley or future residents coming to the area as part of expected growth, and the Project is not expected to attract a substantial number of ne w residents to the area. Project impacts on population growth and housing demand are expected to be less than significant.
17 California Department of Finance 2021 data on City/County Population and Housing Estimates. 18 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS), Appendix: Demographics & Growth Forecast, Table 14, Southern California Association of Governments, September 2020. 19 3.08 persons per household in Cathedral City, based on California Department of Finance 2021 data on City/County Population and Housing Estimates.
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The site is currently vacant and undeveloped. The proposed Project occurs on the City’s existing street grid, and will tie into existing utility systems. Since existing streets, utilities and public facilities are located adjacent to the project site along East Palm Canyon, the project will not result in the construction or expansion of new infrastructure. Overall, less than significant impacts are anticipated.
b) No Impact. The subject property is largely vacant (other than parking facilities in the northwest corner), and the proposed Project would not displace any existing housing or persons or require the construction of housing elsewhere. No impact will occur.
Mitigation Measures:
None required.
Monitoring:
None required
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XV. PUBLIC SERVICES
Would the Project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Fire protection? ✓
Police protection? ✓
Schools? ✓
Parks? ✓
Other public facilities? ✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro.
Environmental Setting
Fire Protection
The Cathedral City Fire Department provides fire protection services to the Project area. The nearest fire station is Cathedral City Fire Dept. Station 411 at 68950 Buddy Rogers Avenue, approximately 0.19 miles north of the Project site. The City Fire Department staff currently includes 43 sworn fire personnel (42 firefighters and 1 Fire Chief), including 14 firefighters on-duty 24/7/365, 2 administrative personnel, and 1 full-time fire inspector.
Police Protection
The Cathedral City Police Department provides police protection to the City. The Police Station is located at 68-700 Avenida Lalo Guerrero, approximately 0.18 miles northwest of the subject property. Staffing consists of 52 sworn officers , providing about 0.90 officers for every 1,000 residents. The average response time for the highest priority emergency calls is 7 minutes or less.
Schools
Cathedral City is within the jurisdiction of Palm Springs Unified School District (PSUSD). The nearest school is Cathedral City Elementary School, approximately 0.95 miles to the northeast.
Parks
Cathedral City has approximately 73 acres of developed parks and 154 acres of undeveloped park land .
The nearest public park to the Project site is Town Square Park, located 0.13 miles northwest of the subject property.
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Discussion of Impacts
Fire Protection:
Less Than Significant Impact. The proposed Project will comply with the California Fire Code and regulations of the City Fire Department to reduce fire protection impacts to less than significant levels. Requirements include, but are not limited to:
• Sufficient supply of firefighting water available at the Project site; • Connections for fire apparatus in unobstructed areas easily accessible in all weather conditions; and
• Fire hydrants or water tanks, and roads of all-weather surfaces meeting City specifications to support heavy fire apparatus.
The Fire Department will review Project site plans to ensure they meet applicable fire standards and regulations. The Project proponent will be required to pay City Development Impact Fees to provide police and fire stations and install new traffic signals ($150 per 1,000 square feet or fraction thereof). The Project proponent will also be required to pay City Facilities Impact Fees for government services ($1,850 per residential unit and varies per acre for commercial projects).
Fire and emergency personnel will be able to access the site using multiple entrances, including those on D Street, Van Fleet Avenue, and East Palm Canyon Drive. Project-related impacts to fire protection are expected to be less than significant.
Police Protection:
Less Than Significant Impact. The proposed Project could potentially increase the number of police service calls due to an increase in onsite residences, hotel and commercial guests, employees, and visitors. Based on the type and intensity of the proposed uses, the Project would not require the construction of new or expanded police station facilities. Project site plans would be reviewed by the Police Department , and the Project will be required to meet standard safety requirements. The Project proponent will be required to pay City development impact fees to provide police stations and install new traffic signals ($150 per 1,000 square feet or fraction thereof). The residential portion of the project will be required to annex into the City’s Community Facilities Distirct to pay for future police services.
Police and emergency personnel will be able to access the site using multiple entrances, including those on D Street, Van Fleet Avenue , and East Palm Canyon Drive. Project-related impacts to police protection are expected to be less than significant.
Schools:
Less Than Significant Impact. Based on PSUSD student generation rates, shown below, the Project has the potential to generate approximately 68 kindergarten through twelfth grade students.
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Table 8
Project Student Generation
School Type Generation Rate
(per residential unit)
Project’s Student
Generation
Elementary School 0.1211 25
Middle School 0.0795 16
High School 0.1332 27
Total: 68
Source: Palm Springs Unified School District Residential Development School Fee Justification Study (April 2018).
The proposed Project will be subject to the PSUSD developer fees in place at the time development occurs, which currently stand at $4.08 per square foot of residential development and $0.66 per square foot of commercial development. Payment of the developer fee would mitigate potential significant impacts to school resources to less than significant levels.
Parks/Other public facilities:
Less Than Significant Impact. The project’s increase in permanent population has the potential to increase the use of existing local or regional park/other public facilities. It is anticipated that the residential portion of the Project would include some onsite recreational amenities and common areas consistent with City requirements; the Project’s residents, shoppers, and employees could generate an increased demand for City park and recreation facilities. The project will be required to pay the development impact fee for parks imposed on all new development in the City.
Overall, project build out is expected to marginally impact local and/or regional parks/other public facilities. No additional public facilities are required for the proposed Project. Increase in demand for the city’s existing facilities will be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required
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XVI. RECREATION
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the Project increase the use of
existing neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
✓
b) Does the Project include recreational
facilities or require the construction or
expansion of recreational facilities which
might have an adverse physical effect on the
environment?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials.
Environmental Setting
Cathedral City has a total of 73.23 acres of park s and 154 acres of undeveloped park lands. The nearest public park to the Project site is Town Square Park located 0.13 miles northw est of the subject property.
Five public/private golf courses are available to local residents and visitors, including the Date Palm Country Club, located approximately 0.52 miles to the north of the Project site. Other park and recreational facilities include numerous mini, neighborhood and community parks, as well as Boys and Girls Club, senior center, and extensive bike lanes and hiking trails.
Discussion of Impacts
a, b) Less than Significant Impact. The proposed multi-family residential development could generate an estimated permanent population of 616 residents (3.08 persons per household for Cathedral City, based on California Department of Finance 20 21 City/County Population and Housing Estimates). The units will have a common area; however, information regarding onsite recreational amenities is unavailable at this time. Given the Project’s limited projected buildout population, the Project will not induce substantial population growth that would result in significant impa cts to existing neighborhood and regional parks or other recreational facilities. Project-related impacts are expected to be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required
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XVII. TRANSPORTATION
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
✓
b) Would the project c onflict or be
inconsistent with CEQA Guidelines section
15064.3, subdivision (b)?
✓
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
✓
d) Result in inadequate emergency access? ✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Cathedral Cove Center Traffic Analysis, prepared by Urban Crossroads, April 2022; Project materials; Google Earth Pro.
Environmental Setting
In the City of Cathedral City, roadways are classified i nto different roadway types . East Palm Canyon Drive (Highway 111), which will provide primary access to the proposed development site, is classified as an Arterial Highway. Another major arterial roadway, Date Palm Drive, also serves the site. Van Fleet Avenue and D Street are local streets.
Urban Crossroads prepared a traffic impact analysis for the proposed Project in 2022. The Traffic Analysis was prepared in accordance with the County of Riverside’s Transportation Analysis Guidelines for Level of Service & Vehicle Miles Traveled (December 2020) as the City of Cathedral City does not have its own LOS/VMT analysis guidelines. The City’s acceptable Level of Service (LOS) for both roadway segments and intersection operations in LOS D or better. All area roadways and intersections currently operate at acceptable levels.
The Project trip generation rates are based on Institute of Transportation Engineers, Trip Generation Manual, 11th Edition, 2021. The following land uses were used to describe the Project: multi-family housing‐low rise (ITE Land Use Code 220) land use, retail (ITE Land Use Code 820), fast food without drive thru (ITE Land Use Code 933), fast food with drive thru (ITE Land Use Code 934), and gasoline service station with convenience market (ITE Land Use Code 12).
The traffic impact analysis considered 1 7 area intersections, and the potential impacts the Project c ould have on those intersections, as shown in Table 9.
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Table 9
Intersection Analysis Locations
ID Intersection ID Intersection
1 Date Palm / E. Palm Cyn. Dr. (Hwy 111) 10 Canyon Plaza Dr. / E. Palm Cyn. Dr. 2 Date Palm / Perez Rd. 11 Golf Club Dr. / E. Palm Cyn. Dr. 3 Date Palm / Gerald Ford Dr. 12 E. Palm Cyn. Dr. (Hwy 111) / Frank Sinatra Dr. 4 Date Palm / Dinah Shore Dr. 13 E. Palm Cyn. Dr. (Hwy 111) / Country Club Dr 5 Allen Ave. – Dwy 3 / E. Palm Cyn. Dr. 14 Van Fleet St. / E. Palm Cyn. Dr. (Hwy 111) 6 Cathedral Cyn. Dr. / E. Palm Cyn. Dr. 15 Van Fleet St. / B St. 7 Cathedral Cyn. Dr. / Perez Rd. 16 Van Fleet St. / D St. 8 Cathedral Cyn. DR. / Dinah Shore Dr. 17 Date Palm / Ramon Road 9 Perez Rd. / E. Palm Cyn. Dr.
Discussion of Impacts
a) Less Than Significant with Mitigation Incorporated.
Existing Traffic Conditions in the Project Vicinity
The Project site is currently vacant and generates no traffic. All surrounding existing and future intersections are operating at acceptable LOS, as shown in Table 10 below:
Table 10
Existing (2021) Intersection Delay and Levels of Service Study Intersection Traffic
Control1
AM Peak Hour PM Peak Hour
Delay2 LOS3 Delay LOS
1 Date Palm / E. Palm Cyn. Dr. (Hwy 111) TS 14.7 B 13.4 B 2 Date Palm / Perez Rd. TS 11.3 B 13.0 B
3 Date Palm / Gerald Ford Dr. TS 35.1 D 36.1 D
4 Date Palm / Dinah Shore Dr. TS 25.8 C 33.4 C
5 Allen Ave. – Dwy 3 / E. Palm Cyn. Dr. TS Intersection Under Construction 6 Cathedral Cyn. Dr. / E. Palm Cyn. Dr. TS 14.1 B 17.3 B 7 Cathedral Cyn. Dr. / Perez Rd. TS 36.0 D 37.6 D
8 Cathedral Cyn. DR. / Dinah Shore Dr. TS 41.8 D 44.5 D 9 Perez Rd. / E. Palm Cyn. Dr. TS 21.4 C 24.6 C
10 Canyon Plaza Dr. / E. Palm Cyn. Dr. TS 15.8 B 9.8 A
11 Golf Club Dr. / E. Palm Cyn. Dr. TS 11.0 B 13.1 B
12 E. Palm Cyn. Dr. (Hwy 111) / Frank Sinatra Dr. TS 23.4 C 22.5 C 13 E. Palm Cyn. Dr. (Hwy 111) / Country Club Dr TS 8.9 A 9.6 A 14 Van Fleet St. / E. Palm Cyn. Dr. (Hwy 111) TS 10.0 A 9.9 A 15 Van Fleet St. / B St. CSS 9.2 A 9.4 A
16 Van Fleet St. / D St. AWS 7.5 A 7.3 A
17 Date Palm / Ramon Road TS 34.3 C 36.8 D
Source: Table 3-1: Intersection Analysis Summary For Existing (2021) Conditions, Cathedral Cove Center Traffic Analysis, prepared by Urban Crossroads, April 2022. Appendix G.
(1) TS = Traffic Signal; CSS = Cross Street Stop AWS = All-Way Stop (2) Per the Highway Capacity Manual 6th Edition (HCM6), overall average intersection delay and level of service are shown for intersections with a traffic signal or all way stop control. For intersections with cross street stop control, the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown. (3) LOS = Level of Service
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Project Trip Generation
The proposed Project will consist of a mix of commercial uses and residential units (200 dwelling units). The commercial portion includes 6,650 square feet of retail, two sit down fast‐food restaurants (total of 6,500 sf), three fast food restaurants with drive through (total of 7,525 sf), and a service station with 12 vehicle fueling positions. At buildout, the Project is forecast to generate approximately 7,862 daily trips, including 609 trips during the AM peak hour and 561 trips during the PM peak hour (see Appendix G, Table 4.1: Cathedral Cove Center Project Trip Generation Summary).
Traffic Analysis
Potential impacts to traffic and circulation were evaluated for the following conditions:
• Existing (2021) Conditions
• Existing plus Ambient Growth plus Project (EAP) (2023) Conditions • Existing plus Ambient Growth plus Project Plus Cumulative (EAPC) (2023) Conditions • General Plan Buildout (2040) With Downtown Commercial Designation • General Plan Buildout (2040) With Project Conditions
Table 11
Intersection Analysis for EAPC (2023) Conditions
Study Intersection Traffic
Control1
AM Peak Hour PM Peak Hour
Delay2 LOS3 Delay LOS
1 Date Palm / E. Palm Cyn. Dr. (Hwy 111) TS 22.6 C 21.5 C 2 Date Palm / Perez Rd. TS 12.6 B 13.1 B
3 Date Palm / Gerald Ford Dr. TS 46.6 D 73.7 E
- With improvements TS 40.5 D 42.6 D
4 Date Palm / Dinah Shore Dr. TS 29.0 C 43.1 D
5 Allen Ave. – Dwy 3 / E. Palm Cyn. Dr. TS 8.9 A 13.3 B - With E. Palm Cyn Dr. improvements TS 7.7 A 10.3 B
6 Cathedral Cyn. Dr. / E. Palm Cyn. Dr. TS 17.0 B 34.1 C 7 Cathedral Cyn. Dr. / Perez Rd. TS 42.8 D 43.2 D
8 Cathedral Cyn. DR. / Dinah Shore Dr. TS 53.5 D 54.6 D 9 Perez Rd. / E. Palm Cyn. Dr. TS 27.6 C 52.8 D
10 Canyon Plaza Dr. / E. Palm Cyn. Dr. TS 31.3 C 21.6 C 11 Golf Club Dr. / E. Palm Cyn. Dr. TS 13.1 B 20.2 C
12 E. Palm Cyn. Dr. (Hwy 111) / Frank Sinatra Dr. TS 31.5 C 30.1 C 13 E. Palm Cyn. Dr. (Hwy 111) / Country Club Dr TS 10.4 B 12.5 B 14 Van Fleet St. / E. Palm Cyn. Dr. (Hwy 111) TS 11.7 B 14.0 B 15 Van Fleet St. / B St. CSS 10.7 B 11.5 B
16 Van Fleet St. / D St. AWS 7.6 A 7.7 A
17 Date Palm / Ramon Road TS 38.8 D 44.3 D
Source: Table 6-1: Intersection Analysis Summary for EAPC (2023) Conditions, Cathedral Cove Center Traffic Analysis, prepared by Urban Crossroads, April 2022. Appendix G.
(1) TS = Traffic Signal; CSS = Cross Street Stop AWS = All-Way Stop (2) Per the Highw ay Capacity Manual 6th Edition (HCM6), overall average intersection delay and level of service are shown for intersections with a traffic signal or all way stop control. For intersections with cross street stop control, the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown. (3) LOS = Level of Service
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Table 12
Intersection Analysis for GPBO (2040) With Project Conditions
Study Intersection Traffic
Control1
AM Peak Hour PM Peak Hour
Delay2 LOS3 Delay LOS
1 Date Palm / E. Palm Cyn. Dr. (Hwy 111) TS 25.9 C 28.5 C 2 Date Palm / Perez Rd. TS 15.7 B 14.2 B
3 Date Palm / Gerald Ford Dr. TS 52.1 D 72.8 E
- With Improvements TS 49.9 D 52.6 D
4 Date Palm / Dinah Shore Dr. TS 49.2 D 54.9 D
5 Allen Ave. – Dwy 3 / E. Palm Cyn. Dr. TS 8.8 A 13.4 B - With E. Palm Canyon Dr. Improvements TS 7.6 A 10.8 B
6 Cathedral Cyn. Dr. / E. Palm Cyn. Dr. TS 23.5 C 37.5 D 7 Cathedral Cyn. Dr. / Perez Rd. TS 49.6 D 52.6 D
8 Cathedral Cyn. DR. / Dinah Shore Dr. TS 77.9 E 73.5 E 9 Perez Rd. / E. Palm Cyn. Dr. TS 32.0 C 54.9 D
10 Canyon Plaza Dr. / E. Palm Cyn. Dr. TS 28.9 C 36.9 D 11 Golf Club Dr. / E. Palm Cyn. Dr. TS 13.2 B 27.4 C
12 E. Palm Cyn. Dr. (Hwy 111) / Frank Sinatra Dr. TS 31.7 C 44.1 D 13 E. Palm Cyn. Dr. (Hwy 111) / Country Club Dr TS 17.1 B 34.5 C 14 Van Fleet St. / E. Palm Cyn. Dr. (Hwy 111) TS 14.9 B 16.2 B - With E. Palm Canyon Drive Improvements TS 13.3 B 13.5 B 15 Van Fleet St. / B St. CSS 10.7 B 11.6 B
16 Van Fleet St. / D St. AWS 7.6 A 7.7 A
17 Date Palm / Ramon Road TS 68.9 E 75.1 E
- With Improvements TS 46.3 D 46.4 D
Source: Table 7-2: Intersection Analysis Summary for GPBO (2040) with Project Conditions, Cathedral Cove Center Traffic Analysis, prepared by Urban Crossroads, April 2022. Appendix G.
(1) TS = Traffic Signal; CSS = Cross Street Stop AWS = All-Way Stop (2) Per the Highway Capacity Manual 6th Edition (HCM6), overall average intersection delay and level of service are shown for intersections with a traffic signal or all way stop control. For intersections with cross street stop control, the delay and level of service for the worst individual movement (or movements sharing a single lane) are shown. (3) LOS = Level of Service
Results of the traffic analysis determined that both Existing (2021) and Existing plus Ambient plus Project (2023) traffic conditions, all study area intersections are expected to operate at an acceptable LOS of “D ” or better. However, for Existing plus Ambient Growth plus Project Plus Cumulative (2023) and General Plan Buildout (2040) traffic conditions, the Project would contribute to a cumulative transportation deficiency at the intersection of Date Palm Drive/Gerald Ford Drive (ID: 3 , EAPC and GP buildout ); and for General Plan Buildout (2040) traffic conditions, 2 additional intersections, Cathedral Canyon Drive / Dinah Shore Drive (ID: 8 , GP buildout) and Date Palm Drive / Ramon Road (ID: 17, GP Buildout) would operate an unacceptable LOS . All other intersections would operate at acceptable LOS. The City has approved and is proceeding with the improvements at Date Palm/Gerald Ford through funding from the Highway Safety Administration, which will implement the necessary improvements, thereby mitigating the impacts at that intersection. For the 2040-condition intersections, Cathedral Canyon/Dinah Shore and Date Palm/Ramon, the City’s General Plan policies and programs are implementing monitoring and long term mitigation, which will be addressed over time, when and
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if the improvements are warranted. The City will require that the Project widen East Palm Canyon Drive to its ultimate General Plan build out configuration from Allen to Date Palm as part of the first phase of the Project ; and from Allen west to an abutting private property and west of that abutting property to and including the intersection of Van Fleet and East Palm Canyon all as part of a later phase, to assure adequate LOS along this portion of the roadway.
In addition, the Project applicant shall participate in the CVAG Transportation Uniform Mitigation Fee (TUMF) program by paying the requisite TUMF fee. In addition, in order to assure that impacts associated with Cathedral Canyon/Dinah Shore and Date Palm/Ramon are reduced to less than significant levels, Mitigation Measure TRA -3 is provided below, which requires the City to monitor and improve the two impacted intersections when conditions warrant. With implementation of the mitigation measures below, impacts associated with traffic will be reduced to less than significant levels.
Drive-Through Vehicle Stacking
Urban Crossroads included a queuing analysis to assess the adequacy of turn bay lengths to accommodate vehicle queues at the Project entries. Although it is unlikely that all three of the on- site drive-throughs experience extended queues at the same time, the traffic analysis determined that up to 40 parking spaces could be intermittently blocked by vehicle stacking under a worst - case scenario. Therefore, Urban Crossroads recommends that a vehicle stacking management plan be prepared by each drive-through occupant to ensure appropriate emergency vehicle access and access to handicapped parking stalls are retained. The provision of a 32 foot driveway width along the main east -west driveway between the central site entry and the Date Palm Drive entry accommodates extended drive-through stacking while still allowing for 22 feet of bypass travel.
Mitigation Measures TRA-2 has been included as a precautionary measure to ensure obstruction to emergency and/or handicapped access as a result of drive-through vehicle stacking are avoided.
Alternative Transportation Planning
SunLine Transit Agency provides bus transit services to the Coachella Valley, including Cathedral City. SunLine Bus #111 currently provides service along East Palm Ca nyon Drive. The closest bus stop to the Project site is on the southeast corner of East Palm Canyon Drive and Date Palm Drive. There is another bus stop on the north side of East Palm Canyon Drive near Allen Avenue, as well as one near the Project site at B Street and Buddy Rogers for SunLine Bus #111 and #30.
Based on the Coachella Valley Association of Governments (CVAG) Active Transportation Plan and Cathedral City Active Transportation Plan, on-street bicycle facilities are proposed along East Palm Canyon Drive and Date Palm Drive. Sidewalks have already been installed along the subject property boundaries on East Palm Canyon Drive, Van Fleet Avenue, and D Street.
The proposed Project will not conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. No project related impact is anticipated.
b) Less Than Significant Impact. CEQA Guidel ines section 15064.3 sets forth guidelines for implementing Senate Bill 743 (SB 743). SB 743 requires amendments to the CEQA Guidelines (pre-2019) to provide an alternative to LOS for evaluating transportation impacts. Particularly within areas served by transit, those alternative criteria must “promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (Public Resources Code Section 21099(b)(1).) Measurements of transportation impacts may
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include “vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, or automobile trips generated.”
The CEQA Guidelines have since been updated to allow for lead agency discretion in establishing methodologies and thresholds consistent with the intent of the legislation. The City utilizes the December 2020 County of Riverside Transportation Guidelines for VMT assessments. Per County guidelines, a project would have a less than significant VMT impact if:
• Small projects (110 single-family DU or 147 multi-family DU); • Projects near high quality transit;
• Local serving retail;
• Affordable housing;
• Local essential service (day care, police or fire facility, medical/dental office, government office);
• Residential and office projects in an area under VMT thresholds as shown on screening maps (Low VMT Area); and
• Redevelopment projects.
The County-recommended criteria for “local serving retail” and “map-based screening (Low VMT Area)” were used to evaluat e Project -related VMT impacts. For commercial screening (local serving retail), the traffic analysis found that the Project’s commercial uses serve traffic interacting with the local area in the following ways:
• Travelers on East Palm Canyon Drive are already passing-by the site; • Travelers attracted to the site from nearby residences and businesses; and • Existing and future casino patrons
For residential uses, the County’s VMT map -based screening criteria states that, for areas of residential and office projects where the area of development is under the threshold as shown on the screening map, the Project is presumed to cause a less than significant impact. The traffic analysis finds that the VMT per capita threshold has been met at the Project site and the refore a full VMT analysis is not required, and impacts are considered less than significant.
As discussed above, the proposed Project is expected to have less than significant impacts on traffic flows and Level of Service standards with the implementatio n of mitigation measures. These improvements will improve the traffic flow in the area, and therefore, at this time, the project will not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).
c) Less than Signficant Impact. The subject property is located within a largely developed urban area and accessed via existing highways, streets, and intersections. Project development will require new access driveways and intersection improvements; however, they will be planned, reviewed by , and coordinated with the City such that safety and operational conflicts are effectively reduced. The mix of vehicles associated with the Project is expected to generally include construction vehicles, passenger vehicles, and delivery trucks, which is co mpatible with vehicles currently in the area; no conflicts are anticipated. The proposed Project is not expected to substantially increase any type of transportation hazard and impacts are expected to be less than significant.
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d) No Impact. Currently, the Project site can be accessed via Van Fleet Avenue, East Palm Canyon Drive, and D Street (future residential). Regional access to the site will be provided via the East Palm Canyon Drive (Highway 111), I-10 freeway, major arterials, secondary arterials and a variety of local roads.
Prior to construction, both the Fire Department and Police Department will review the site plan to ensure safety measures are addressed, including emergency access and geometric design.
Therefore, the proposed Project will not result in inadequate emergency access or increase hazards due to a geometric design feature. There will be no impact.
Mitigation Measures:
TRA-1 The Project is required to pay the requisite CVAG TUMF fee.
TRA-2 Each drive-through occupant shall prepare a vehicle stacking management plan demonstrating appropriate emergency vehicle access and access to handicap parking stalls are retained in the event of overflow vehicle stacking.
TRA-3 In order to assure that the inte rsections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon operate at acceptable levels of service at General Plan build out, the following condition of approval shall be implemented:
The City shall be responsible for monitoring conditions at the inte rsections of Cathedral Canyon/Dinah Shore and Date Palm/Ramon and providing improvements to those intersections through its Capital Improvement Program, and local, State or federal funding at such time as the improvements are warranted.
Monitoring:
TRA-A The Project applicant shall coordinate with the City and CVAG the payment of CVAG’s TUMF fee.
Responsible Parties: Project applicant, CVAG, City Engineer.
TRA-B The Project applicant shall coordinate with future drive-through tenants the preparation of a vehicle stacking management plan to be reviewed and approved by the City Engineer prior occupancy of the building.
Responsible Parties: Project applicant, drive-through tenants, City Engineer.
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XVIII. TRIBAL CULTURAL
RESOURCES
a) Would the Project cause a substantial
adverse change in the significance of a tribal
cultural resource, defined in Public Resources
Code section 21074 as either a site, feature,
place, cultural landscape that is
geographically defined in terms of the size
and scope of the landscape, sacred place, or
object with cultural value to a California
Native American tribe, and that is:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code section 5020.1(k), or
✓
ii) A resource determined by the lead agency,
in its discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In applying
the criteria set forth in subdivision (c) of
Public Resources Code Section 5024.1, th e
lead agency shall consider the significance of
the resource to a California Native American
tribe.
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro; Update to Cultural Resources Studies, Cathedral Cove Center Project, prepared by CRM Tech, December 2019; Phase I Cultural Resource Assessment of Project Sites 1 -3, Cathedral City, Riverside County, California, prepared by Statistical Research, Inc., November 20 15; Historic Property Survey Report, Downtown Improvement Project 07 -01-05317, prepared by CRM Tech, May 2003.
Environmental Setting
As discussed above in Section V, Cultural Resources, Cahuilla Indians inhabited the valley for centuries.
They were a Takic-speaking people of hunters and gatherers generally divided into three groups based on their geographic setting: the Pass Cahuilla of the San Gorgonio Pass – Palm Springs area; the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and t he Cahuilla Valley; and the Desert Cahuilla of the eastern Coachella Valley. Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with the Indian reservations around the Coachella Valley, including the Cabazon, Augustine, Torres Martinez, Twenty-nine Palms, Agua Caliente, and Morongo.
The subject property is located in a traditional use area of the Cahuilla but does not occur within a tribal reservation. The potential for the subject property to harbor tribal cultural resources, such as a site, feature, place, or cultural landscape , is considered to be very low given the disturbed nature of the site. It was developed with residential and commercial land uses between approximately the 1920s and 2016 ; since then, all buildings ha ve been demolished, and the site has been mass graded . A site-specific cultural resources report was prepared that further evaluates and addresses the potential for the site to harbor such resources.
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Discussion of Impacts
a. i), ii) Less Than Significant with Mitigation Incorporated . Based on historical/archaeological resources record searches and historical background research conducted by qualified professional archaeologists, no historical or archaeological resources were identified, nor are any expected on the Project site that would be listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k).
In addition, the City is currently undertaking Tribal Consultation in conformance with AB 52.
Should Tribes request consultation and provide input on potential impacts, they will be included in conditions of approval and/or mitigation measures to this Initial Study.
The City completed Tribal consultation in conformance with AB 52. The Agua Caliente Band of Cahuilla Indians responded in a letter dated April 29, 2022 indicating that the site is within the Tribe’s Traditional Use Area and requested the following:
• A cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area.
• A copy of the records search with associated survey reports and site records from the information center.
• Copies of any cultural resource docu mentation (report and site records) generated in connection with this project.
• The presence of an approved Aqua Caliente Native Amercian Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys).
To protect potential tribal cultural resources, Mitigation Measure CUL-1 is included in Section V, consistent with the findings of the cultural resource investigation, to require monitoring of ground disturbing activities, which would reduce the impacts to Tribal Resources to less than significant levels.
Mitigation Measures:
See Section V Cultural.
Monitoring:
See Section V Cultural.
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XIX. UTILITIES AND SERVICE
SYSTEMS
Would the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
✓
b) Have sufficient water supplies available to
serve the project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
✓
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project’s projected demand in
addition to the provider’s existing
commitments?
✓
d) Generate solid waste in excess of State or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
✓
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; Project materials; Google Earth Pro 7.3.2.5776.
Environmental Setting
The Desert Water Agency (DWA) provides domestic water to development south and west of the Whitewater River Stormwater Channel in Cathedral City , including the subject property. Nearly all development in DWA’s service area, including development in the Cove and the downtown district, is connected to its water delivery system. DWA also provides wastewater collection service to this area, including the subject property. DWA does not operate a wastewater treatment plant, and its wastewater collection system is connected to CVWD’s sewer system through which wastewater is conveyed to the Cook Street wastewater treatment plant in Palm Desert. For purposes of this Project, the management of stormwater is under the jurisdiction of the City.
Burrtec Waste and Recycling Services provides solid waste disposal services through a franchise agreement with the City and will be responsible for collection and disposal of solid waste from the Project site. Trash and recycled materials are collected from customers and transported to the Edom Hill transfer station facility operated by Burrtec. The transfer station at Edom Hill is permitted to receive 3,500 tons of waste per day. From there solid waste is taken to the Lamb Canyon landfill in Beaumont, whic h has a permitted capacity of 5,000 tons per day, and a projected closure date in 2029. Other possible options include Badlands Landfill in Moreno Valley and El Sobrante Landfill in Corona. The County of Riverside operates Lamb Canyon and Badlands landfills, and El Sobrante Landfill is privately owned.
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In Cathedral City, Southern California Edison (SCE) provides electricity, Southern California Gas (SoCalGas) provides natural gas, and Frontier and Spectrum provide telecommunications services.
Discussion of Impacts
a - c) Less Than Significant Impact.
Water
DWA will provide domestic water for the Project. The residential and commercial uses within the Project will connect to existing major trunk lines located under East Palm Canyon Drive. As discussed under Hydrology and Water Quality, the total water demand for the proposed Project would be 37.52 acre-feet per year. DWAs largest water supply source is groundwater from the Whitewater River Basin. DWA works with five other Coachella Valley water suppliers to manage the underground water basins and to better serve the City. DWA and CVWD have access to or are working to obtain other water supply sources to meet projected water needs and help eliminate groundwater overdraft.
The proposed Project is consistent with the land use designation assigned to it in the General Plan, on which, in part, DWA based its future water demand analysis when contributing to the 2020 Coachella Valley Regional Urban Water Management Plan ( RUWMP). According to the 2020 RUWMP, DW A anticipat es a total water demand (deliveries) of 36,228 AF in 202 5. 20 The proposed Project will increase water demand (expected DWA deliveries) by 0. 1% over the projected 2025 demand.
The project will be required to comply with the DWA’s water -efficiency requirements, including the use of drought-tolerant planting materials and limited landscaping irrigation. Buildings will be equipped with water efficient fixtures in compliance with Building Code requirements to reduce water consumption. Implementation of these and other applicable requirements will assure that water-related impacts remain at less than significant levels. The residential and commercial uses within the Project will connect to existing major trunk lines located under East Palm Canyon Drive.
Therefore, project impacts associated with domestic water demand are expected to be less than significant.
Wastewater
DWA and CVWD provide wastewater collection and treatment services, respectively, for the Project site, and CVWD is currently treating and recycling City-generated wastewater at Cook Street W astewater Reclamation Plant (WRP -10). In response to increasing demands for groundwater supplies in the Coachella Valley, CVWD has implemented the use of tertiary (third- stage) treated wastewater for the irrigation of golf courses and other landscaped areas. WRP -10 has a tertiary water capacity of 15 million gallons per day.
The Project site is currently undeveloped with the exception of the northwestern corner which is paved with some parking spaces . Upon buildout of the Project, wastewater generated from the proposed Project would be collected in DWA sewer mains. The proposed Project will require construction of on-site sewer infrastruc ture to connect to the existing sewer mains. Sewage will
20 Table 6-7. DWR 4-2R Projected Demands for Water (AF), 2020 Coachella Valley Regional Urban Water Management Plan, prepared by Water Systems Consulting, Inc. June 30, 2021
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likely be conveyed to the CVWD’s sewer system by a DWA lift station at Date Palm Drive and Buddy Rogers Drive . The Project wastewater discharges will be typical of residential and commercial uses. No industrial discharge into the wastewater system would occur.
Stormwater
Storm water infrastructure within the City consists of a network of regional and local drainage channels. Ultimately, all major storm flows in the City are conveyed to the Whitewater/Coachella Valley Stormwater Channel, which discharges into the Salton Sea. The proposed Project will not discharge into either regional or local drainages. Rather, it will manage stormwater on-site with a retention basin and potentially an underground system.
As required by the federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.) and the California Water Code (CWC) (commencing with section 13000), a Preliminary Water Quality Management Plan will be prepared for the Project. As disc ussed above in Section X, Hydrology and Water Resources, the Project site will incorporate BMPs for construction and post -construction conditions, designed to control pollutants that enter the on -site and off -site system, and is not expected to affect water quality. A final hydrologic analysis will be required to demonstrate that the Project meets the City’s standards. These standard requirements will assure that impacts associated with storm water retention remain less than significant.
Other Utilities
The proposed Project will require construction of on -site electric power, natural gas, and telecommunications infrastructure to connect to the existing infrastructure located around the Project site. The Project would not result in the construction of new electric power, natural gas, or telecommunications facilities off-site that could cause significant environmental effects.
d, e) Less Than Significant Impact. Construction and operations-related solid waste from the Project will be collected and disposed by Burrtec, a regional commercial vendor that serves the City by hauling solid waste to transfer and recycling centers and landfills . Burrtec also collects and recycles construction waste. County landfills have a combined remaining capacity of 181,365,899 cubic yard, with a maximum permitted capacity of 266,159,998 cubic yard. 21 The project will generate 156.82 tons of solid waste per year, or 78.41 tons per year after 50% diversion as shown below.
21 CalReycle, SWIS Facility/Site Activity Details. https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/.
Accessed May 2021. Activity details for the following landfills: Badlands, Blythe, Desert Center, El Sobrante, Lamb Canyon, Mecca Landfill II, and Oasis.
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Table 13
Estimated Solid Waste Disposal at the Project Buildout
Land Use CIWMB Disposal
Rates Proposed
Solid Waste
Disposal (pounds
per day)
Solid Waste
Disposal (tons
per year)
General Retail
and Restaurants 2.5 lbs./1000 SF/day 23,725 SF 59.31 10.82 Multi-Family
Residential
4 pounds/dwelling
unit/day 200 DU 800 146
TOTAL 156.82
TOTAL (with 50% diversion) 78.41
*Estimated Solid Waste Generation Rates by CalRecycle,
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates, Accessed May 2021.
At buildout, the proposed Project will contribute less than 1% of the County’s remaining capacity.
Commingled recyclable materials (e.g., paper, plastic, glass, cardboard, aluminum) will be transported to Burrtec’s material recovery facilities for recycling and reuse.
Burrtec is responsible for maintaining standards that assure that all waste is handled in a manner that meets local, state and federal standards. These requirements will assure that impacts associated with solid waste disposal remain less than significant.
Mitigation Measures:
None required.
Monitoring:
None required.
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XX. WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? ✓
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
✓
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk
or that may result in temporary or ongoing
impacts to the environment?
✓
d) Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage changes?
✓
Sources: City of Cathedral City 2040 General Plan; City of Cathedral City General Plan Update DEIR, 2019; CalFire’s Fire and Resource Assessment Program (FRAP) Maps, accessed May 2021; Project materials; Google Earth Pro.
Environmental Setting
Wildfire is a nonstructural fire that occurs in vegetative f uels, excluding prescribed fire. Wildfires can occur in undeveloped areas and spread to urban areas where landscape and structures are not designed and maintained to be ignition resistant. A wildland-urban interface (WUI) is an area where urban development is located in proximity to open space or “wildland” areas. The potential for wildland fires represents a hazard where development is adjacent to open space or within close proximity to wildland fuels or designated fire severity zones.
The California Department of Forestry and Fire Protection (Cal Fire) has mapped areas of significant fire hazards in the state through its Fire and Resources Assessment Program (FRAP). These maps place areas of the state into different Fire Hazard Severity Zones (FHSZ) base d on a hazard scoring system using subjective criteria for fuels, fire history, terrain influences, housing density, and occurrence of severe fire weather where urban conflagration could result in catastrophic losses. The subject property is not located in or near a state responsibility area or designated as a Very High Fire Hazard Severity Zones (VHFHSZ).
Several parcels in the southeasterly and southwesterly portions of the City are designated as VHFHSZ, including one approximately ½ mile to the east, one approximately 1 mile to the west, and one more than 1 mile to the west of the subject property.
To reduce wildfire risks, the City of Cathedral City has incorporated state requirements with the adoption of the 2019 edition of the California Building Standards Code and the 2019 edition of the California Fire Code.
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Discussion of Impacts
a) Less than Significant Impact. The subject property is not located in or near a state responsibility area or lands classified as a Very High Fire Hazard Severity Zone. The Project does not propose major long-term changes to circulation in the Project area other than providing direct access to the subject property . Project construction could result in temporary lane closures or detours , particularly as new driveway and inte rsection improvements are made ; however, potential disruptions to emergency access would be temporary and coordinated with and approved by the City. The Project will not alter the physical orientation of the planning area that it would interfere with the City’s emergency response or evacuation procedures in the event of a wildfire. The Project does not propose changes to existing emergency response facilities or personnel. Impacts are anticipated to be less than significant.
b) Less than Significant Impact. The Project site is not located in or near a state responsibility area or lands classified as a Very High F ire Hazard Severity Zone. Given its proximity to the Santa Rosa Mountains, the Project may expose occupants to pollutant concentrations from a wildfire in the mountains. However, the foothills in Cathedral City are characterized by rocky terrain and sparse vegetation, and wildfire risks have been historically very low. Impacts are expected to be less than significant.
c) Less than Significant Impact. The Project site is not located within or near a state responsibility area or classified as a Very High Wildfire Hazard Severity Zone. Installation or maintenance of utility infrastructure (such as emergency water sources, power lines, or other utilities) may be required as the Project becomes operational, but with low likelihood because the subject property is in an urban area and utility infrastructure is already installed in the immediate Project area.
Onsite connections are not expected to exacerbate fire risk or result in ongoing impacts to the environment. Impacts related to infrastructure are expected to be less than significant.
d) Less than Significant Impact. As discussed in Section VII .a.iv, above, the Project site has very low potential for landslide and post-fire slope instability given its generally flat terrain with less than 5% sloping grade. The Project site is classified as an area with reduced flood risk due to levees (protected from 1% annual chance flood by levees) on the Flood Insurance Rate Map (FIRM) by Federal Emergency Management Agency (FEMA). Therefore, the proposed Project is not expected to expose people or structures to significant risks such as downslope or downstream flooding or landslides, post-fire slope instability, or drainage changes. Impacts are expected to be less than significant.
Mitigation Measures:
None required.
Monitoring:
None required.
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XXI. MANDATORY FINDINGS OF
SIGNIFICANCE
Does the Project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or
wildlife population to drop below self -
sustaining levels, threaten to eliminate a plant
or animal community, substantially reduce
the number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods of
California history or prehistory?
✓
b) Does the Project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a Project
are considerable when viewed in connection
with the effects of past Projects, the effects of
other current Projects, and the effects of
probable future Projects)?
✓
c) Does the Project have environmental
effects, which will cause substantial adverse
effects on human beings, either di rectly or
indirectly?
✓
a) Less Than Significant with Mitigation Incorporated:
Biological Resources: The Project site is not located within a CVMSHCP-designated conservation area and does not contain any wildlife corridors or biological linkage areas. However, on -site vegetation could provide habitat for nesting birds; therefore, a pre -construction surv ey will be required to avoid impacts to nesting birds covered by the MBTA and to burrowing owl. In addition, the site is subject to payment of the Development Mitigation Fee to mitigate potential impacts to covered species under the CVMSHCP.
The proposed Project will not significantly reduce fish or wildlife habitat or otherwise adversely impact a fish or wildlife species. The construction of the Project has the potential to impact nesting birds, but the mitigation measures included in this document will reduce those impacts to less than significant levels.
Cultural Resources: No cultural resources are known to exist within or adjacent to the project site.
Since the project will require excavation, there is potential for unknown resources to be uncovered.
Mitigation measures provided in this document will ensure that impacts to cultural and/or tribal resources are less than significant in the unlikely event that resources are discovered during project development.
Overall, there will be no significant env ironmental impacts which cannot be mitigated. Project related impacts, including cumulative impacts, are considered less than significant.
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b) Less Than Significant Impact . A significant impact could occur if the proposed Project , in conjunction with related projects, would result in impacts that would be less than significant when viewed separately, but would be significant when viewed together. Here, however, the impacts of the proposed Project are individually limited and not c umulatively considerable. The proposed Project is consistent with the development envisioned for the Downtown area of the City in the City’s General Plan. All environmental impacts that could occur as a result of the proposed Project would be less than sig nificant with the implementation of mitigation measures included herein, and when viewed in conjunction with other closely related past, present or reasonably foreseeable future projects, would not be significant.
c) Less Than Significant Impact. The proposed Project will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly, with the implementation of the City’s Municipal Code, other standard requirements and requirements of law, and the mitigation measures included in this document.
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Attachment: Attachment 6 - Site Plan (3397 : PUD 21-001 Cathedral Cove Center) TENTATIVE PARCELMAP NO. 378761
EXISTING EASEMENT TABLEEASEMENTWIDTH (FT)USE
TENTATIVE PARCEL MAP NO. 37876
SHEET TITLE: CATHEDRAL COVE CENTERSWC EAST PALM CANYON DRIVE & DATE PALM DRIVECATHEDRAL CITY, CALIFORNIASCALE: AS SHOWNDATE: May 09, 2022 ®Phone: 760.524.9100Apple Valley, California 9230718484 Outer Highway 18 N, Suite 225SHEET NO: OF 2LEGAL DESCRIPTION:LOT 134, 166 THROUGH 173, INCLUSIVE , LOT "X" AND PORTION OF LOTS 132, 135, 213,214, LOT W, "A" STREET, "B" STREET OF CATHEDRAL CITY ON THE CITY OFCATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BYMAP ON FILE IN BOOK 13, PAGES 24, 25, AND 26 INCLUSIVE OF MAPS, RECORDS OFRIVERSIDE COUNTY, CALIFORNIA, AND PARCEL 1 OF PARCEL MAP NO. 32932, BOOK217, PAGES 7 THROUGH 10, INCLUSIVE OF PARCELS MAPS, IN THE OFFICE OF THECOUNTY RECORDER OF SAID COUNTY.APN: 687-500-001, 003, 006 THROUGH 012, 014, AND 018 THROUGH 020, AND687-207-003 & 006APPLICANT/DEVELOPER:FOUNTAINHEAD SHRUGGED, LLC1401 QUAIL STREET, SUITE 100NEWPORT BEACH, CA 92660CONTACT: FRANCIS [email protected](949)752-2515OWNER OF RECORD:CITY URBAN REVITALIZATION CORP.68-700 AVENIDA LALO GUERREROCATHEDRAL CITY, CA 92234
VICINITY MAPOWNER/DEVELOPERCIVIL ENGINEERUTILITY PURVEYORSLAND USE DESIGNATIONZONINGPARCEL SUMMARYNOTESASSESSOR'S PARCEL NUMBER
CALLOUT NOTES
( FEET )SCALE1 INCH = 40 FT.404080200
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(W)
(W)
(W)
(W)
(W)(W)
D STREET (PUBLIC)
VAN FLEET AVENUE (PUBLIC)
D
DDDDDDDDDD
D DDD
DDDD
SS
S
S
S
SS
SSSSS S
SS SS
B STREETC STREET
EX. FH
EX. FH
EX. FH
EX. FHEX. FH
EX. FHEX. FH
EX. FH
EAST PALM CANYON DRIVE
EAST PALM CANYON DRIVE
PAD 5
PAD 4PAD 3PAD 2PAD 1 PARCEL 9345,367 SF GROSS336,783 SF NET DWY
DWY
DWY
PARCEL 234,765 SF GROSS34,343 SF NETPARCEL 447,006 SF GROSS43,901 SF NET PARCEL 548,703 SF GROSS46,877 SF NET
PAD 6PAD 7PARCEL 813,898 SF GROSS12,684 SF NET
687-241-022RESIDENTIALDRN687-241-023RESIDENTIALDRN687-241-025RESIDENTIALDRN687-241-026RESIDENTIALDRN687-241-035RESIDENTIALDRN687-241-036RESIDENTIALDRN687-241-032RESIDENTIALDRN687-241-033RESIDENTIALDRN 687-216-015RESIDENTIALDRN
687-216-014RESIDENTIALDRN
687-214-008VACANTDRN687-214-007VACANTDRN687-214-006RESIDENTIALDRN 687-212-035PARKINGDRN87-212-023PARKINGDRN
87-199-004RETAILMXC
674-500-037DRAINAGEOPEN SPACE
687-203-020VACANTMXC687-203-019RETAILMXC687-203-018RETAILMXC687-203-004RETAILMXC687-203-005RETAILMXC687-203-006RETAILMXC 687-500-016DRAINAGEOPEN SPACE
687-207-004RETAILMXC
674-500-038VACANT
A STREET (PUBLIC)
PARCEL 138,477 SF GROSS37,894 NET
EAST CATHEDRAL CANYONFLOOD CONTROL CHANNEL
ALLEN
DATE PALM DRIVE
(PRIVATE)
(PRIVATE DRIVE)
CASINO BUILDING
AVENUE
PARCEL 328,158 SF GROSS26,833 SF NET
PARCEL 710,273 SF GROSS 6,534 SF NETPARCEL 636,373 SF GROSS32,101 NET
5.A.g
Packet Pg. 530
Attachment: Attachment 7 - Tentative Parcel Map No. 37876 (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 531
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 532
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 533
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 534
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 535
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 536
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 537
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.h
Packet Pg. 538
Attachment: Attachment 8 - Elevations (3397 : PUD 21-001 Cathedral Cove Center)
5.A.i
Packet Pg. 539
Attachment: Attachment 9 - Color Renderings (3397 : PUD 21-001 Cathedral Cove Center)
5.A.i
Packet Pg. 540
Attachment: Attachment 9 - Color Renderings (3397 : PUD 21-001 Cathedral Cove Center)
5.A.i
Packet Pg. 541
Attachment: Attachment 9 - Color Renderings (3397 : PUD 21-001 Cathedral Cove Center)
5.A.i
Packet Pg. 542
Attachment: Attachment 9 - Color Renderings (3397 : PUD 21-001 Cathedral Cove Center)
5.A.i
Packet Pg. 543
Attachment: Attachment 9 - Color Renderings (3397 : PUD 21-001 Cathedral Cove Center) FH
MHMHMHMH
FH
MH
MH
MH
MH
FH
FH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
FH
MH
MH MH
MH
MH
MH
FH
MH
MH
MH
MH
MH
MH
MHMH
MH
MH MH
FH
MH
MH
MH
MH
MH
MH
MH
AT-3
300.35
AT-5
X X
X
X
X
X X X X X
X
X
X
X
X
X
X
X
X
X
X X XX
X X X X X X X X X X
X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
◊
◊ ◊ ◊ ◊ ◊◊ ◊ ◊ ◊
◊ ◊
◊
◊
◊
◊◊
◊◊ ◊
◊◊◊◊◊◊◊◊
X X
XXXX
X
XX
X
X
◊
◊
◊
◊
MH
MH
MH
MH
FH
MHMHMHMH
FH
MH
MH
MH
MH
FH
FH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
FH
MH
MH MH
MH
MH
MH
FH
MH
MH
MH
MH
MH
MH
MHMH
MH
MH MH
FH
MH
MH
MH
MH
MH
MH
MH
AT-3
300.35
AT-5
X X
X
X
X
X X X X X
X
X
X
X
X
X
X
X
X
X
X X XX
X X X X X X X X X X
X X X X X X X X X X X X X X X
X
X
X
X
X
X
X
X
X
X
X
X
X
X X
◊
◊ ◊ ◊ ◊ ◊◊ ◊ ◊ ◊
◊ ◊
◊
◊
◊
◊◊
◊◊ ◊
◊◊◊◊◊◊◊◊
X X
XXXX
X
XX
X
X
◊
◊
◊
◊
MH
MH
MH
MH
V
V
V
V
V
V
LOADING10'x25'
C
C
C
C
LOADING
10'x25'
LOADING10'x25'
LOADING10'x25'
LOADING10'x25'
CAV/
EV
LOADING12'x25'
CAV/
EV CAV/
EV
CAV/
EV
CAV/
EV
CAV/
EV
CAV/
EV CAV/
EV CAV/
EV CAV/
EV
CAV/
EV
CAV
CAV/
EV
CAV/
EV
CAV/
EV
CAV
CAV/
EV
CAV/
EV
CAV/
EV
CAV/
EV
V
LOADING10'x25'
EAST PALM CANYON DRIVE
D STREET
BLDG 7
MAX.
2,500 SF
(RESTAURANT)
BLDG 1
1,900 SF
(RESTAURANT)
EXISTING BLDG
BLDG 2
MAX.6,650 SF
(RETAIL)
BLDG 3
2,325 SF
(RESTAURANT)
BLDG 4
3,300 SF
(RESTAURANT)
BLDG 6
MAX.±4,000 SF
(RESTAURANT)
BLDG 5
±3,700 SF
(C-STORE)
PATIO
PARCEL 2
± 34,765 SF
PARCEL 1
± 38,477 SF
PARCEL 3
± 28,158 SF
PARCEL 4
± 47,006 SF
PARCEL 5
± 48,703 SF
PARCEL 6
± 36,373 SF
PARCEL 8
± 13,898 SF
"A" STREET
±0.20 AC
ALLEN AVENUE
DATE PALM DRIVE
PARCEL 9
FUTURE RESIDENTIAL
(NOT A PART)
±8.05 AC
E A S T C A T H E D R A L C A N Y O N
F L OO D C O N T R O L C H A N N E L
PATIO
(WITH OUTDOOR DINING)
PATIO
(WITH OUTDOOR DINING)
PATIO(WITH OUTDOOR DINING)
PATIO
(WITH OUTDOOR DINING)
PATIO(WITH OUTDOOR DINING)
PARCEL 7
± 10,273 SF
DA VALL
DATE PALM
GERALD FORD
VICINITY MAP
N.T.S.
RAMON
AVENUE 30
VISTA CHINO I-10 FREEWAY
NORTH
DINAH SHORE
111 - E. PALM CANYON
FRANK SINATRA
PROJECT SITE
CATHEDRAL CANYON
TO INDIO
TO BEAUMONT
CONCEPTUAL LANDSCAPE PLAN
SHEET TITLE:
SWC EAST PALM CANYON DRIVE & DATE PALM DRIVE
CATHEDRAL CITY, CALIFORNIA
SCALE: AS NOTED
DATE: March 18, 2022
®
Phone: 760.524.9100
Apple Valley, California 92307
18484 Outer Highway 18 N, Suite 225
SHEET NO: OF 9
LEGAL DESCRIPTION:
LOT 134, 166 THROUGH 173, INCLUSIVE , LOT "X" AND PORTION OF LOTS 132, 135, 213, 214, LOT W, "A" STREET, "B" STREET OF CATHEDRAL CITY ON THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 24, 25, AND 26 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND PARCEL 1 OF PARCEL MAP NO. 32932, BOOK 217, PAGES 7 THROUGH 10, INCLUSIVE OF PARCELS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 687-500-001, 003, 006 THROUGH 012, 014, AND 018 THROUGH 020, AND 687-207-003 & 006
APPLICANT/DEVELOPER:
FOUNTAINHEAD SHRUGGED, LLC
1401 QUAIL STREET, SUITE 100
NEWPORT BEACH, CA 92660
CONTACT: FRANCIS CHU
[email protected]
(949)752-2515
OWNER OF RECORD:
CITY URBAN REVITALIZATION CORP.
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
DESERT ACCENTS
GROUND COVERS AND SHRUBS
VINES
TREES
PLANT PALETTE
BOTANICAL NAME COMMON NAME DECIDUOUS/EVERGREEN SIZE WATER NEEDS (WUCOLS)
ACACIA SMALLII DESERT SWEET ACACIA EVERGREEN 24" BOX LOW ACACIA STENOPHYLLA SHOESTRING ACACIA EVERGREEN 15 GAL. / 24" BOX LOW ALBIZIA JULIBRISSIN SILK TREE PARTLY DECIDUOUS 24" BOX MODERATE CERCIDIUM X 'DESERT MUSEUM' DESERT MUSEUM PALO VERDE DECIDUOUS 36" BOX LOW CHAMAEROPS HUMILIS MEDITERRANEAN FAN PALM EVERGREEN 36" BOX MODERATE CHILOPSIS LINEARIS 'DESERT DIVA' DESERT DIVA DESERT WILLOW DECIDUOUS 24" BOX MODERATE CHITALPA TASHKENTENSIS CHITALPA DECIDUOUS 15 GAL. / 24" BOX MODERATE KOELREUTERIA BIPINNATA CHINESE FLAME TREE DECIDUOUS 24" BOX MODERATE LAGERSTROEMIA INDICA CRAPE MYRTLE DECIDUOUS 36" BOX MODERATE PHOENIX DACTYLIFERA DATE PALM EVERGREEN 15' BTH MODERATE QUERCUS VIRGINIANA SOUTHERN LIVE OAK EVERGREEN 36" BOX MODERATE WASHINGTONIA FILIFERA CALIFORNIA FAN PALM EVERGREEN 12' BTH MODERATE NOTES:
· SEE SHEET LP-3 FOR SYMBOL LEGEND AND PHOTO PLANT PALETTE. · FINAL PLANTING PLANS WILL ENSURE (1) EVERGREEN TREE WITHIN 40' OF PROPERTY PERIMETER IN COMPLIANCE WITH DESERT OASIS REQUIREMENTS.
BOTANICAL NAME COMMON NAME SIZE WATER NEEDS (WUCOLS)
AGAVE 'BLUE GLOW' BLUE GLOW AGAVE 5 GAL. LOW
AGAVE VILMORINIANA OCTOPUS AGAVE 5 GAL. LOW
DASYLIRION WHEELERI DESERT SPOON 5 GAL. LOW
ECHINOCACTUS GRUSONII GOLDEN BARREL CACTUS 5 GAL. VERY LOW FOQUIERIA SPLENDENS OCOTILLO 7 CANE MIN., 5' H LOW
HESPERALOE PARVIFLORA RED YUCCA 5 GAL. LOW
YUCCA GLORIOSA SPANISH DAGGER 5 GAL. LOW
BOTANICAL NAME COMMON NAME SIZE WATER NEEDS (WUCOLS)
BOUGAINVILLEA SPP. ROSENKA BOUGAINVILLEA 5 GAL. MODERATE CAESALPINIA PULCHERRIMA RED BIRD OF PARADISE 15 GAL. LOW CALLISTEMON VIMINALIS 'LITTLE JOHN' DWARF BOTTLEBRUSH 5 GAL. MODERATE CALLIANDRA CALIFORNICA BAJA RED FAIRY DUSTER 5 GAL. LOW LANTANA CAMARA VARS 'NEW GOLD' NEW GOLD LANTANA 1 GAL. MODERATE LANTANA MONTEVIDENSIS PURPLE TRAILING LANTANA 1 GAL. MODERATE LEUCOPHYLLUM FRUTESCENS TEXAS RANGER 5 GAL. LOW
SALVIA GREGGII 'SIERRA LINDA' RED SALVIA 5 GAL. MODERATE SALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL. MODERATE
SENNA ARTEMISIOIDES FEATHERY CASSIA 5 GAL. LOW
STIPA TENUISSIMA MEXICAN FEATHER GRASS 5 GAL. LOW
TECOMA X SIERRA APRICOT SIERRA APRICOT ESPERANZA 5 GAL. MODERATE VITEX AGNUS-CASTUS CHASTE TREE 15 GAL. LOW
BOTANICAL NAME COMMON NAME SIZE WATER NEEDS (WUCOLS)
BOUGAINVILLEA SPECIES BOUGAINVILLEA 5 / 15 GAL. MODERATE GELSEMIUM SEMPERVIRENS CAROLINA JESSAMINE 5 / 15 GAL. MODERATE TRACHELOSPERMUM JASMINOIDES STAR JASMINE 5 / 15 GAL. MODERATE "C" STREET
"B" STREET
AT-3
300.35
AT-5
MIX OF FLOWERING TREES, PALMS AND ORNAMENTAL LOW PLANTINGS AT PROPOSED PYLON SIGN. PYLON SIGN PER ARCHITECT'S PLANS.
DECORATIVE VEHICULAR PAVERS BY ACKER STONE
(EARTHTONE COLOR BLEND) WITH CONCRETE BANDING.
OUTDOOR DINING AREAS CONSIST OF DECORATIVE PAVERS,
SITE FURNISHINGS, SHADE CANOPIES, AND ACCENT
PLANTING. SEE ARCHITECT'S PLANS FOR MATERIALS BOARD.
DESERT OASIS / DROUGHT TOLERANT PLANTINGS
WITH DECOMPOSED GRANITE MULCH.
PARKING AREA CANOPY TREES
ACHIEVES GREATER THAN 50%
SHADE.
DRY STREAM BED WITH BOULDERS AND COBBLES
MEANDERING THROUGHOUT THE LANDSCAPE
FRONTAGE ALONG EAST PALM CANYON DRIVE.
COLORED CONCRETE PEDESTRIAN WALK.
ACCENT TREES AND PALMS AT PYLON SIGN.
(PYLON SIGN PER ARCHITECT'S PLANS)
ACCENT TREES AND PALMS AT MONUMENT SIGN.
MONUMENT SIGN PER ARCHITECT'S PLANS.
STABILIZED DECOMPOSED GRANITE PATH
WITHIN LANDSCAPED AREA PROVIDES
SECONDARY ACCESS TO BUILDINGS.
ACCENT PALMS WITH
FLOWERING TREES AND
LOW PLANTINGS
TURF AT POINTS OF ENTRY. ALL TURF TO BE SEPARATED WITH A CONCRETE MOW CURB.
EXISTING CONCRETE SIDEWALK, STREET LIGHTS AND PALMS
TO BE PROTECTED IN PLACE.
6' HIGH CMU WALL BETWEEN RETAIL
AND FUTURE RESIDENTIAL. WALL
PER ARCHITECT'S PLANS. REFER TO
ARCHITECT'S MATERIAL BOARD.
PEDESTRIAN ACCESS GATE CONSISTENT
WITH DOWNTOWN DESIGN GUIDELINES.
EMERGENCY FIRE
DRIVE-OVER ACCESS.
2' PARKING
OVERHANG
CITY RIGHT-OF-WAY
DEDICATION
STORM DRAIN AND SEWER
EASEMENT PER ALTA.
MONUMENT SIGN PER ARCHITECT'S PLANS.
EXISTING PARKWAY PALM TO BE PROTECTED IN PLACE
EXISTING PARKWAY PALM TO BE REMOVED
DRY STREAM BED WITH BOULDERS AND COBBLES
MEANDERING THROUGHOUT THE LANDSCAPE
FRONTAGE ALONG EAST PALM CANYON DRIVE.
STABILIZED DECOMPOSED GRANITE PATH
WITHIN LANDSCAPED AREA PROVIDES
SECONDARY ACCESS TO BUILDINGS.
6' HIGH CMU WALL BETWEEN RETAIL
AND FUTURE RESIDENTIAL. WALL
PER ARCHITECT'S PLANS. REFER TO
ARCHITECT'S MATERIAL BOARD.
PARKING AREA CANOPY TREES
ACHIEVES GREATER THAN 50%
SHADE.
A MIX OF FLOWERING TREES,
SHADE TREES, AND DESERT
ACCENT PLANTING TO BE USED
ALONG INTERIOR PEDESTRIAN
"CORRIDOR".
MIXTURE OF TALL SHRUBS AND VINES TO
SCREEN TRANSFORMERS AND UTILITIES
THROUGHOUT SITE.
COLORED CONCRETE
PEDESTRIAN WALKWAY.
MIX OF FLOWERING TREES, PALMS AND
ORNAMENTAL LOW PLANTINGS AT
ENTRY.
VINE PLANTINGS SOFTENING 4' MAX
HEIGHT RETAINING WALL PER CIVIL PLANS.
OVERHEAD TRELLIS / SHADE STRUCTURE.
COMMON OPEN SPACE.
PEDESTRIAN-SCALE LIGHTING AND LANDSCAPE
ACCENT LIGHTING WILL OCCUR ALONG EAST
PALM CANYON DRIVE.
COMMON OPEN SPACE.
PEDESTRIAN-SCALE LIGHTING AND LANDSCAPE ACCENT
LIGHTING WILL OCCUR ALONG EAST PALM CANYON DRIVE.
BENCHES (3) ALONG EAST PALM CANYON DRIVE. (TYP.)
PEDESTRIAN ACCESS GATE CONSISTENT
WITH DOWNTOWN DESIGN GUIDELINES. EXISTING BUS SHELTER
PARKING LOT LANDSCAPE AREA QUANTITIES
PARCEL NO. NET AREA LANDSCAPE ADJACENT PERCENTAGE
TO PARKING LOT
1 37,894 SF
468 SF
1.2%
2 34,343 SF
1,876 SF
5.5%
3 26,833 SF
2,078 SF
7.7%
4 43,901 SF
3,444 SF
7.8%
5 48,703 SF
3,299 SF
6.8%
6 32,101 SF
2,586 SF
8.1%
7 6,534 SF
N/A
N/A
8 12,684 SF
1,072 SF
8.5%
T
OTAL
24,993 SF
14,823 SF
6.1%
May 5, 2022
5.A.j
Packet Pg. 544
Attachment: Attachment 10 - Landscape Plans (3397 : PUD 21-001 Cathedral Cove Center) MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
V
V
V
C
C
C
C
LOADING
10'x25'
LOADING10'x25'
CAV/
EV
LOADING12'x25'
CAV/
EV CAV/
EV
CAV/
EV
CAV/
EV
CAV/
EV
CAV/
EV CAV/
EV CAV/
EV CAV/
EV
CAV/
CAV/
EV
EAST PALM CANYON DRIVE
BLDG 2
MAX.6,650 SF
(RETAIL)
BLDG 3
2,325 SF
(RESTAURANT)
BLDG 4
3,300 SF
(RESTAURANT)
PATIO
PARCEL 2
PARCEL 3
± 28,158 SF
PARCEL 4
± 47,006 SF
PATIO
(WITH OUTDOOR DINING)
PATIO
(WITH OUTDOOR DINING)
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
MH
V
C
CLOADING
10'x25'
BLDG 3
2,325 SF
(RESTAURANT)
BLDG 6
MAX.
±4,000 SF
(RESTAURANT)
BLDG 5
±3,700 SF
(C-STORE) PATIO
(WITH OUTDOOR DINING)
PATIO
(WITH OUTDOOR DINING)
SHEET TITLE:
SWC EAST PALM CANYON DRIVE & DATE PALM DRIVE
CATHEDRAL CITY, CALIFORNIA
SCALE: AS NOTED
DATE: March 18, 2022
®
Phone: 760.524.9100
Apple Valley, California 92307
18484 Outer Highway 18 N, Suite 225
SHEET NO: OF 9
LEGAL DESCRIPTION:
LOT 134, 166 THROUGH 173, INCLUSIVE , LOT "X" AND PORTION OF LOTS 132, 135, 213, 214, LOT W, "A" STREET, "B" STREET OF CATHEDRAL CITY ON THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 24, 25, AND 26 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND PARCEL 1 OF PARCEL MAP NO. 32932, BOOK 217, PAGES 7 THROUGH 10, INCLUSIVE OF PARCELS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 687-500-001, 003, 006 THROUGH 012, 014, AND 018 THROUGH 020, AND 687-207-003 & 006
APPLICANT/DEVELOPER:
FOUNTAINHEAD SHRUGGED, LLC
1401 QUAIL STREET, SUITE 100
NEWPORT BEACH, CA 92660
CONTACT: FRANCIS CHU
[email protected]
(949)752-2515
OWNER OF RECORD:
CITY URBAN REVITALIZATION CORP.
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
SITE FURNISHINGS
SITE PLAN ENLARGEMENT HIGHLIGHTING OUTDOOR SEATING AREAS AND EQUIPMENT SCREENING
EAST PALM CANYON DRIVE
EAST PALM CANYON DRIVE INERT MATERIAL LAYOUT ENLARGEMENT
EAST PALM CANYON DRIVE
POWDER COAT FINISHES:
POTENTIAL PEDESTRIAN ACCESS GATE OPTIONS
EAST PALM CANYON DRIVE
PEDESTRIAN ACCESS GATE CONSISTENT
WITH DOWNTOWN DESIGN GUIDELINES
A MIX OF FLOWERING TREES, SHADE TREES, AND
DESERT ACCENT PLANTING TO BE USED ALONG
INTERIOR PEDESTRIAN "CORRIDOR".
OUTDOOR DINING AREAS CONSIST OF
DECORATIVE PAVERS, SITE
FURNISHINGS, SHADE CANOPIES AND
ACCENT PLANTING. SEE ARCHITECT'S
PLANS FOR MATERIALS BOARD.
MIXTURE OF TALL SHRUBS AND
VINES TO SCREEN TRANSFORMERS
AND UTILITIES THROUGHOUT SITE.
EMERGENCY FIRE
DRIVE-OVER ACCESS
BENCHES (3) ALONG EAST
PALM CANYON DRIVE. (TYP.)
OUTDOOR DINING AREAS CONSIST OF
DECORATIVE PAVERS, SITE
FURNISHINGS, SHADE CANOPIES AND
ACCENT PLANTING. SEE ARCHITECT'S
PLANS FOR MATERIALS BOARD.
PARKING AREA CANOPY TREES
ACHIEVES GREATER THAN 50%
SHADE.
6' HIGH CMU WALL BETWEEN RETAIL
AND FUTURE RESIDENTIAL. WALL
PER ARCHITECT'S PLANS. REFER TO
ARCHITECT'S MATERIAL BOARD.
COLORED CONCRETE
PEDESTRIAN WALKWAY.
OVERHEAD TRELLIS / SHADE STRUCTURE
DESERT OASIS / DROUGHT TOLERANT
PLANTINGS WITH DECOMPOSED GRANITE.
VINE PLANTINGS SOFTENING 4' MAX
HEIGHT RETAINING WALL PER CIVIL PLANS.
May 5, 2022
MACFADYENA UNGUIS-CATI
CAT’S CLAW VINE
(SEE PLANTING IMAGES AT RIGHT)
ROSMARINUS OFFICINALIS PROSTRATUS
DWARF ROSEMARY
FICUS PUMILA
CREEPING FIG ON VEDURA WALL
BOUGAINVILLEA ‘MONKA’
OO-LA-LA® BOUGAINVILLEA
VINE PLANTINGS ON RETAINING WALL OPTIONS
5.A.j
Packet Pg. 545
Attachment: Attachment 10 - Landscape Plans (3397 : PUD 21-001 Cathedral Cove Center) SHEET TITLE:
SWC EAST PALM CANYON DRIVE & DATE PALM DRIVE
CATHEDRAL CITY, CALIFORNIA
SCALE: AS NOTED
DATE: March 18, 2022
®
Phone: 760.524.9100
Apple Valley, California 92307
18484 Outer Highway 18 N, Suite 225
SHEET NO: OF 9
LEGAL DESCRIPTION:
LOT 134, 166 THROUGH 173, INCLUSIVE , LOT "X" AND PORTION OF LOTS 132, 135, 213, 214, LOT W, "A" STREET, "B" STREET OF CATHEDRAL CITY ON THE CITY OF
CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 13, PAGES 24, 25, AND 26 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND PARCEL 1 OF PARCEL MAP NO. 32932, BOOK 217, PAGES 7 THROUGH 10, INCLUSIVE OF PARCELS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 687-500-001, 003, 006 THROUGH 012, 014, AND 018 THROUGH 020, AND 687-207-003 & 006
APPLICANT/DEVELOPER:
FOUNTAINHEAD SHRUGGED, LLC
1401 QUAIL STREET, SUITE 100
NEWPORT BEACH, CA 92660
CONTACT: FRANCIS CHU
[email protected]
(949)752-2515
OWNER OF RECORD:
CITY URBAN REVITALIZATION CORP.
68-700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
TREES
ACACIA SMALLII
DESERT SWEET ACACIA
ACACIA STENOPHYLLA
SHOESTRING ACACIA
ALBIZIA JULIBRISSIN
SILK TREE
CERCIDIUM FLORIDUM
BLUE PALO VERDE
CHAMAEROPS HUMILIS
MEDITERRANEAN FAN PALM
CHITALPA TASHKENTENSIS
CHITALPA
KOELREUTERIA BIPINNATA
CHINESE FLAME TREE
LAGERSTROEMIA INDICA
CRAPE MYRTLE
PHOENIX DACTYLIFERA
DATE PALM
WASHINGTON FILIFERA
CALIFORNIA FAN PALM
AGAVE BLUE GLOW
BLUE GLOW AGAVE
DESERT ACCENTS
AGAVE VILMORINIANA
OCTOPUS AGAVE
CAESALPINIA PULCHERRIMA
RED BIRD OF PARADISE
DASYLIRION WHEELERI
DESERT SPOON
ECHINOCACTUS GRUSONII
GOLDEN BARREL CACTUS
FOQUIERIA SPLENDENS
OCOTILLO
HESPERALOE PARVIFLORA
RED YUCCA
VITEX AGNUS-CASTUS
CHASTE TREE
YUCCA GLORIOSA
SPANISH DAGGER
BOUGAINVILLEA OO-LA-LA
OO-LA-LA BOUGAINVILLEA
GROUND COVERS AND SHRUBS
CALLISTEMON VIMINALLIS 'LITTLE JOHN'
DWARF BOTTLEBRUSH
CALLIANDRA CALIFORNICA
BAJA RED FAIRY DUSTER
LANTANA CAMARA VAR. 'NEW GOLD'
NEW GOLD LANTANA
LANTANA MONTEVIDENSIS
PURPLE TRAILING LANTANA
LEUCOPHYLLUM FRUTESCENS
TEXAS RANGER
SALVIA GREGGII 'SIERRA LINDA'
AUTUMN SAGE
SALVIA LEUCANTHA
MEXICAN BUSH SAGE
SENNA ARTEMISIOIDES
FEATHERY CASSIA
STIPA TENUISSIMA
MEXICAN FEATHER GRASS
TECOMA X SIERRA APRICOT
SIERRA APRICOT ESPERANZA
BOUGAINVILLEA SPP.
ROSENKA BOUGAINVILLEA
5 GALLON MINIMUMVINES
GELSEMIUM SEMPERVIRENS
CAROLINA JESSAMINE
TRACHELOSPERMUM JASMINOIDES
STAR JASMINE
INERT MATERIAL
CHILOPSIS LINEARIS
DESERT DIVA -
DESERT DIVA DESERT
WILLOW
TREE STAKING AND ARBOR GUARD CONCRETE MOW CURB
QUERCUS VIRGINIANA
SOUTHERN LIVE OAK
May 5, 2022
5.A.j
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Attachment: Attachment 10 - Landscape Plans (3397 : PUD 21-001 Cathedral Cove Center)
CITY SUBMITTAL
DATE: 07.28.2022
CATHEDRAL COVE CENTER
Southwest Corner of E. Palm Canyon Dr. & Date Palm Dr.
Cathedral City, CA
MASTER SIGN PROGRAM
5.A.k
Packet Pg. 547
Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
2 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
Objective & Overview
Tenant Wall Signs and Wall Sign Styles
Fonts & Logos | Colors | Lighting
Window Signs
Building Address Numbers | Rear Entrance Signs
Drive-
Thru Signage
Pylon Signs | Project Monument Signs
Multi-Tenant Monument Signs
Prohibited Signs
Approval Process
Fabrication | Installation | Sign Maintenance
Site Plan | Sign Locations
Elevations
Sign Details
2 3
4 5
5 6
6 7
7 8
8 9
10-16
17-19
Table of Contents OBJECTIVE
The objective of the following sign criteria is to provide standards and specifications that assure consistent quality, size, variety and placement for Tenant signs throughout this project. This criteria is also intended to stimulate creative invention and achieve the highest standard of excellence in environmental graphic communication. Such excellence is best achieved through open and frequent dialogue between Tenant, Landlord, and the project’s graphic design consultant. Signage at Cathedral Cove Center is an integral part of the center’s image and appeal, so signs must be thoughtfully designed, placed and proportioned to the individual architectural facade on which they are placed. Care in the design and installation of store signs will enhance customer appreciation.
OVERVIEW
The overview of this criteria is to assist the Landlord/Tenant and City relationship.
The Landlord will be responsible to:
•
P
rovide base building design and construction information requested by Tenant’s sign design consultant. •
Review, comment and approve T
enant sign submission.
In return, the Tenant will be responsible for:
•
Design, fabrication, permitting and inst
allation of signs, including any structural support and electrical service and any special installation requiring addition or modification to the shell building approved by the Landlord.
APPLICANT
Fountainhead Shrugged, LLC
1401 Quail Street, Ste. 100
Newport Beach, CA 92660
T: 949-752-2515 x 509
Contact Name: Francis Chu
[email protected]
SIGN DESIGNER
AD/S | Architectural Design & Signs, Inc.
1 160 Railroad St.
Corona, CA 92882
www.ad-s.com
T: 1-800-862-3202 x 129
Contact Name: Robin Bell
[email protected]
5.A.k
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
3 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
TENANT WALL SIGNS
• Sign area allowed for eac h Tenant shall be calculated as follows: One and one-half (1.5) square feet of sign area per each linear foot of Tenant’s leased storefront. Tenants who have frontages facing a parking lot or street are allowed signage on each of those elevations.
•
T
he maximum width of any Tenant’s storefront sign may not exceed 75% of the Tenant’s leased storefront. •
One (1) or two (2) lines of copy permitted and may consist of upper and/or lower case letters. •
Secondar
y sign copy is permitted, but will be included as part of the overall allowable sign area, and together with the primary sign copy, shall not exceed the total allowable square footage of the sign area permitted by the tenant’s frontage, 150 square feet max per elevation.
•
In no case may a sign extend beyond the roof parapet or adjacent building eave line. •
Signs are not allowed on or against any roof structures. •
All signs shall be measured for area by drawing a shape (rect angular or other) around each element of the
individual sign. For example, measure the area of letters and area of icon and/or logo separately. Ascender and descenders will not be calculated in the overall sign area except capital letters. •
Note: It is specifically noted that the size of all T
enant storefront signs is not regulated by any height limit / maximum. It is governed as stated above, being square feet of allowable area and stretch-out (width) limitations. •
All submissions outside of the above shall be reviewed by the Planning Director for approval.
CALCULATING SQUARE FOOT:
Deviation from requirements:
When it is found that the strict or literal interpretation of the provisions set forth in this criteria would cause undue difficulties and unnecessary hardship inconsistent with the purpose and intent of this criteria, a minor deviation may be granted subject to specific requirements and findings as set forth below.
•
T
he sign is in proportion to the structure or use to which it relates. •
T
he sign’s external features are in balance and unity, and present a harmonious appearance. •
T
he sign is consistent with the objectives of the overall general plan.
WALL SIGN STYLES
There are many acceptable sign treatments, however a Mixed Media *three-dimensional approach combining several different fabrication and lighting techniques is preferred. Tenants are strongly encouraged to consider the specific architectural style of their facade, the overall concept of the project, the scale of the proposed sign and the critical viewing angles and sight lines when designing appropriate graphics and signs for the storefront.
Note that specific locations and surrounding architectural treatments can limit the maximum sign height and length, which may differ from the general guidelines proposed above. The Landlord reserves the right to approve or reject any proposed sign on the basis of the size and placement.
* Mixed Media signs are signs employing two or more illumination and fabrication methods.
For example: Halo lit reverse channel letters with exposed neon accents.
Also, although simple rectangular cabinet signs are not allowed, mixed media signs may be composed of elements, one of which may be a panel or cabinet. However, the panel / cabinet sign should not exceed 50% of the total sign area. With the Landlord approval, complex shaped (i.e Polyhedron) sign cabinets which is part of a national logo, may be used alone if they incorporate dimensional elements such as push-through letters.
Acceptable sign styles for wall mounted signs:
1. St
andard front-illuminated channel letters
2. T
rim-capless channel letters
3. T
rim-capless channel letters with push-thru acrylic
4. Halo-illuminated c
hannel letters, 3” deep, minimum
5. Mixed media / dimensional signs using images, icons, logos, etc.
6. Exposed neon if used as an accent, subject to approval by the Landlord and the Cit y of Cathedral City, California as applicable.
MASTER SIGN PROGRAM | DRAFT VERSION 1 | 10.31.18
PROJECT NAME | PROJECT LOCATION SHEET
3THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
CALCULATING SQUARE FOOT:
Deviation from requirements:
When it is found that the strict or literal interpretation of the provisions set forth in this criteria would cause undue diffi culties and unnecessary hardship inconsistent with the purpose and intent of this criteria, a minor deviation may be granted subject to specifi c requirements and fi ndings as set forth below.
• The sign is in proportion to the structure or use to which it relates. • The sign’s external features are in balance and unity, and present a harmonious appearance. • The sign is consistent with the objectives of the overall general plan.
WALL SIGN STYLES
Creative and imaginative signage is strongly encouraged and will be the standard for Landlord review/approval of all sign design submittals.
There are many acceptable sign treatments, however a Mixed Media *three-dimensional approach combining several different fabrication and lighting techniques is preferred. Tenants are strongly encouraged to consider the specifi c architectural style of their facade, the overall concept of the project, the scale of the proposed sign and the critical viewing angles and sight lines when designing appropriate graphics and signs for the storefront. Note that specifi c locations and surrounding architectural treatments can limit the maximum sign height and length, which may differ from the general guidelines proposed above. The Landlord reserves the right to approve or reject any proposed sign on the basis of the size and placement. * Mixed Media signs are signs employing two or more illumination and fabrication methods.
For example: Halo lit reverse channel letters with exposed neon accents.
Also, although simple rectangular cabinet signs are not allowed, mixed media signs may be composed of elements, one of which may be a panel or cabinet. However, the panel / cabinet sign should not exceed 50% of the total sign area. With the Landlord approval, complex shaped (i.e Polyhedron) sign cabinets which is part of a national logo, may be used alone if they incorporate dimensional elements such as push-through letters.
Acceptable sign styles include:
1. Front illuminated channel letters
2. Halo-illuminated channel letters
3. Halo-illuminated channel letters with contour cabinet
4. Trim-capless channel letters
5. Mixed media / dimensional signs using images, icons, logos, etc.
6. Dimensional geometric shapes.
7. Exposed neon if used as an accent, subject to approval by the Landlord and the City, California as applicable.
PROPERTY IDENTIFICATION
PROPERTY ID SIGNS
Multi-Tenant Monument Sign
One (1) double-sided multi-tenant monument sign, internally illuminated, not to exceed eight feet (8’-0”) in height and 35 square feet of sign area.
Multi-Tenant Pylon Sign
One (1) double-sided multi-tenant pylon sign, internally illuminated, not to exceed fourteen feet (14’-0”) in height and 60 square feet of sign area.
TENANT SIGNAGE
WALL SIGNS
• Sign area allowed for each Tenant shall be calculated as follows: One and one-half (1.5) square feet of sign area per each linear foot of Tenant store frontage. Tenants whose stores have frontages facing a parking lot or street are allowed signage on each of those elevations.
• A secondary wall sign not exceeding one-half (1/2) of the allowable area of the primary wall sign may be established on a second frontage, provided that the frontage sides onto either a street, required off-street parking on the same lot, or a driveway with access to required off-street parking. The secondary wall sign shall not exceed the area of the primary wall sign.
• The maximum width of any Tenant’s sign may not exceed seventy fi ve (75%) percent of the Tenant’s frontage. • Maximum height shall be 36” and maximum projection shall be 12”. • One (1) or two (2) lines of copy are permitted and may consist of upper and/or lower case letters. • All exposed framing shall be painted black.
• All signs shall be measured for area by drawing a shape (rectangular or other) around each element of the individual signs.
For example, measure the area of letters and area of icon and/or logo separately. The sign height shall be determined by the tallest sign element. Ascender and descenders will not be calculated in the overall sign area except capital letters.
Primary Sign Copy
Secondary Sign Copy
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
4 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
TYPE/FONT STYLES & LOGOS
The use of logos and distinctive type styles is encouraged for all Tenant signs. Sign lettering may be combined with other graphics and / or dimensional elements denoting the type of business. The Tenant may adapt established styles, logos and / or images that are in use on similar buildings operated by the Tenant in California, provided that these images are architecturally compatible and approved by the Landlord. The typeface may be arranged in one (1) or two (2) lines of copy and may consist of upper and/or lower case letters. The Tenant should identify trademark protected type and marks in their sign submission to assist the Landlord in the review process.
COLORS
The following guidelines are for selecting colors of Tenant’s signage:
•
Signs may incorporate regionally and nationally recognized logo colors •
Sign colors should be selected to provide sufficient contrast against building bac kground colors
•
Sign colors should be compatible with and complement building bac kground colors
•
Sign colors should provide variet
y, sophistication and excitement.
•
Neon accent colors should complement related sign elements
LIGHTING
Tenant wall signs should be creatively illuminated using a variety of lighting techniques (see adjacent examples).
One or more of the following are allowed:
•
Light Emitting Diodes (L
ED’s)
•
Neon or fluorescent cont
ained in letters and panel cabinets
•
Cove Lighting (Indirect Illumination)
If it is determined by Landlord at any time that the primar y lighting of Tenant’s wall sign is too intense, the Landlord may require at Tenant’s expense to install a dimmer switch.
Externally illuminated signs must be lighted by hidden light sources.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
5 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
WINDOW SIGNS
Each Tenant is allowed a limited amount of window signage on their storefront windows.
1. T
enants are allowed window signage in any one (1) window of their storefront. Note: Exposed neon is not permitted in windows.
2. No more than 25% of a window shall be used for the display of window signs.
3. Accept
able window signs include vinyl graphics and internally-illuminated signs. All illuminated window signs shall be placed at least 1’-0” behind the window surface.
4. Alcohol & tobacco adver
tisements will not be permitted, unless specifically approved by Landlord.
5. All window signs to be inst
alled second-surface (inside of glass facing out).
NOTE: All of the above requires approval from the Landlord and the content will be at the sole discretion of the Landlord.
It is preferred that County Health Cards are displayed on an interior wall rather than a window, unless required by Health Code.
REAR ENTRANCE SIGNS
• 4” High vinyl address numbers
•
2” High vinyl tenant name
•
2 Sq ft ma
ximum sign area
Vinyl to be applied to door and to be contrasting to door color.
BUILDING ADDRESS NUMBERS
12” tall (minimum) address numbers per building. Address numbers shall be fabricated out of 1/2” deep painted acrylic and pin mounted into fascia. Color to be contrasting to the fascia it is installed on. (Note: stroke of number may not be less that 1/2” in accordance to CBC section 501.2)
WINDOW HOURS AND
REAR ENTRY SIGNS
1234
1234
1234
TENANT NAME
TENANT NAME
HOURS
SUN-THURS
9:00AM-7:00PM
FRI & SAT
9:00AM-9:00PM
SCALE: 3/8"=1'-0"
6" 4"
6"
12"4'-6"
5'-0"
SPECIFICATIONS:
- OPAQUE WHITE VINYL NUMBERS/LETTERS ON ENTRY GLASS
ABOVE DOOR.
- "STORE HOURS" TO BE WHITE VINYL ON WINDOW NEXT TO DOOR. - ALL VINYL TO BE APPLIED SECOND SURFACE.
- 2 SQ. FT . MAXIMUM SIGN AREA.
SPECIFICATIONS:
- 4" AND 2" HIGH VINYL NUMBERS/LETTERS ON REAR ENTRY DOOR. - COLOR TO BE IN CONTRASTING COLOR TO DOOR.
- 2 SQ. FT. MAXIMUM SIGN AREA.
4"2"
SCALE: 3/8"=1'-0"
TYPICAL FRONT ENTRY ELEVATION
TYPICAL REAR ENTRY ELEVATION
QTY : TO BE DETERMINED
QTY: TO BE DETERMINED
1234
Height to match minimum
height required by Fire Dept.
SPECIFICATIONS:
- ½" THICK PAINTED ACRYLIC NUMBERS.
(Note; stroke of letter to be no less than ½" - CBC section 501.2) - PAINT COLOR TO MATCH PROJECT (CONTRASTING TO BUILDING FASCIA COLOR). - NUMBERS TO BE STUD MOUNTED TO BUILDING FASCIA.
BUILDING ADDRESS NUMBERS
WINDOW HOURS AND
REAR ENTRY SIGNS
1234
1234
1234
TENANT NAME
TENANT NAME
HOURS
SUN-THURS
9:00AM-7:00PM
FRI & SAT
9:00AM-9:00PM
SCALE: 3/8"=1'-0"
6" 4"
6"
12"4'-6"
5'-0"
SPECIFICATIONS:
- OPAQUE WHITE VINYL NUMBERS/LETTERS ON ENTRY GLASS
ABOVE DOOR.
- "STORE HOURS" TO BE WHITE VINYL ON WINDOW NEXT TO DOOR. - ALL VINYL TO BE APPLIED SECOND SURFACE.
- 2 SQ. FT . MAXIMUM SIGN AREA.
SPECIFICATIONS:
- 4" AND 2" HIGH VINYL NUMBERS/LETTERS ON REAR ENTRY DOOR. - COLOR TO BE IN CONTRASTING COLOR TO DOOR.
- 2 SQ. FT . MAXIMUM SIGN AREA.
4"2"
SCALE: 3/8"=1'-0"
TYPICAL FRONT ENTRY ELEVATION
TYPICAL REAR ENTRY ELEVATION
QTY : TO BE DETERMINED
QTY: TO BE DETERMINED
1234
Height to match minimum
height required by Fire Dept.
SPECIFICATIONS:
- ½" THICK PAINTED ACRYLIC NUMBERS.
(Note; stroke of letter to be no less than ½" - CBC section 501.2) - PAINT COLOR TO MATCH PROJECT (CONTRASTING TO BUILDING FASCIA COLOR). - NUMBERS TO BE STUD MOUNTED TO BUILDING FASCIA.
BUILDING ADDRESS NUMBERS
TENANT NAME OR LOGO
UP TO 2 SQFT PER DOOR
9 S.F. INTERNALL Y
ILLUMINATED LOGO SIGN
INSIDE STORE
(ex. Starbucks)
HOURS
TENANT NAME.COM
MON - FRI 10 - 5
SAT - SUN 9 - 3
1.5 S.F. MAX
TENANT NAME OR LOGO
UP TO 2 SQFT PER DOOR
ILLUMINATED OR
NON-ILLUMINATED WINDOW
SIGNAGE
INSIDE STORE
HOURS
TENANT NAME.COM
MON - FRI 10 - 5
SAT - SUN 9 - 3
1.5 S.F. MAX
5'-0" 5'-0"
5.A.k
Packet Pg. 551
Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
6 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
DRIVE-THRU SIGNAGE
Tenants featuring a drive-thru service, as approved by the City and the Landlord, shall be allowed signs necessary for the safe use and operation of the drive-thru. These signs shall be designed to easily and safely identify, navigate, and use the drive-thru, while maintaining a clean design which is in keeping with the Tenant’s brand.
One (1) preview menu board and one (1) menu board is allowed, per the tenant’s established standard menu board dimensions, not to exceed 8’-0” in height and 45 square feet of area.
One (1) digital order screen system is allowed, per the tenant’s established standard sign dimensions.
One (1) clearance canopy system is allowed, per the tenant’s established standard dimensions. The canopy system may not project more than 4’-0” from the curb.
Directional and wayfinding signs identifying the drive-thru located within the center are permitted. These may be double-faced and internally illuminated, at a maximum of 4’-0” in height and 6 square feet of sign area.
Audio for menu boards and interactive display boards shall be able to be remotely programmed and kept to a reasonable volume as approved by the Landlord, and in compliance with the City’s Noise Ordinance.
Drive-thru signs’ square footage calculations and totals shall not be counted towards the Tenants’s allowable wall sign area.
Any items submitted outside of these standards shall be submitted to the Planning Director for approval or modification.
PYLON SIGNS
Pylon signs are permitted per the following guidelines:
•
T
wo (2) multi-tenant pylon signs are permitted for the center. •
Ma
ximum sign area per side not to exceed 200 square feet. Sign height not to exceed 25’-0”. •
T
enants are permitted their established type font and logos, however, copy shall be a uniform color for all tenants to promote a harmonious aesthetic.
•
T
enant cabinets shall be internally LED illuminated.
PROJECT MONUMENT SIGNS
A project monument sign identifying the center is permitted per the following guidelines:
•
One (1) project monument sign is permitted for the center. •
Ma
ximum sign area per face not to exceed 200 square feet. Sign height not to exceed 10’-0”.
5.A.k
Packet Pg. 552
Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
7 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
THE FOLLOWING SIGNS AND ELEMENTS ARE PROHIBITED
1. A sign that consists of only an unadorned rect angular cabinet signs with translucent or opaque faces.
2. Gold leaf treatments on window
s, box signs and exposed neon window displays without Landlord’s written approval.
Note: Approval is at Landlord’s discretion.
3. Off the shelf signs are discouraged.
4. Banner signs, with the exception of temporar
y banners for Tenant grand openings.
5. Exposed junction boxes, wires, plug in wires on window signs, transformers, lamps, tubing, conduits, raceways or neon crossovers of any t
ype.
6. Signs using trim-cap ret
ainers that do not match the color of the letter and logo returns (polished gold, silver or bronze trim caps are NOT permitted).
7. P
re-manufactured signs, such as franchise signs that have not been modified to meet these criteria.
8. P
aper, cardboard, or Styrofoam signs, stickers, or decals hung around or behind storefronts. (Except those required by governmental agencies)
9. Exposed fasteners, unless decorative fasteners are essential to the sign design concept. 1 0.
Simulated materials suc
h as wood grained plastic laminates or wall coverings.
1 1.
Flashing, oscillating, animated lights or other moving sign components.
12. Roof signs and signs on mansard roofs or equipment screens.
13. Adver
tising or promotional signs on parked vehicles.
14. Sign company decals in full view (limit to one placement only). 1 5.
Wind-activated, inflat
able, and balloon signs.
16. Outdoor adver
tising structures (billboards).
17. Abandoned and/or dilapidated signs and sign structures. 1 8.
Obscene or offensive signs, determined at Landlord discretion. 1 9.
Signs erected in a manner that a por
tion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window.
20. Signs emitting audible sounds, odors, or visible matter.
21. Signs on public proper
ty or projecting within the public right-of-way, except with an encroachment permit issued by the City of Cathedral City.
22. Signs that constitute a hazard to the safe and free flow of traffic by obstructing or restricting the vision of drivers of motor vehicles, pedestrians, and equestrians.
23. Noncompliant signs are to be removed immediately upon request.
MULTI-TENANT MONUMENT SIGNS
Multi-tenant monument signs are permitted per the following guidelines:
•
T
wo (2) multi-tenant monument signs are permitted for the center. •
Ma
ximum sign area per face not to exceed 60 square feet. Sign height not to exceed 10’-0”. •
T
enants are permitted their established type font and logos, however, copy shall be a uniform color for all tenants to promote a harmonious aesthetic.
•
T
enant panels shall be internally LED illuminated.
5.A.k
Packet Pg. 553
Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
8 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
APPROVAL PROCESS
At least thirty (30) days prior to the Landlord’s scheduled delivery of the premises, Tenant shall provide the following information to the Landlord for review. Note: This information is separate from sign approval submission and store design and drawing submissions, and will be used to begin the sign design process.
Store Name;
Store Logo (in color with colors identified);
Store exterior materials, colors and finishes.
Allowing reasonable time for Landlord’s review and Tenant’s revision of submission in advance of sign fabrication, Tenant shall submit for Landlord’s approval, complete and fully dimensioned shop drawings of the Tenant’s sign to the Landlord’s designated representative.
Shop drawings shall include at least the following:
•
T
enant’s entire building facade elevation, showing the proposed sign, in color drawing to scale. •
A site plan with the marked locations of the proposed sign(s). •
Storefront (par
tial building) elevation showing the location, size, color, construction and installation details of the Tenant’s proposed sign. Typical “section-though” letter and/or sign panel showing the dimensioned projection of the letter or panel face and the illumination method.
•
Color and material samples together with a photograph (if possible) of a similar inst allation.
Within thirty (30) days of receipt of the sign submission, the Landlord will approve, as noted, or disapprove with comments the Tenant’s sign design. Tenant must respond to the Landlord’s comments and re-submit within fourteen calendar days, and repeat this process until all sign design, fabrication and installation issues are resolved to the Landlord’s satisfaction.
Upon receipt of final sign approval, Tenant may submit the proposed sign to the governing agency for review for consistency with the Sign Program and the required fabrication and installation permits. Tenants are required to provide one (1) set of the Landlord approved drawings to the City of Cathedral City, California as applicable: when submitting for building and electrical permits.
All signs are subject to City of Cathedral City’s approval.
FABRICATION
The Tenant must ensure that his sign fabricator and installer understand their responsibilities before they begin the sign fabrication. The Tenant’s sign contractor is responsible for the following:
1. Signs must be fabricated
of durable appropriate weather resistant materials complementary to the base building materials.
2. Dissimilar
metals used in sign fabrication shall be separated with non-conductive gaskets to avoid electrolysis. Additionally stainless steel fasteners shall be used to attach dissimilar metals.
3. T
hreaded rods or anchor bolts shall be used to mount sign letters which are held off the background panel. Angle clips attached to letter sides will NOT be permitted.
4. Colors, materials, finishes shall exactly matc
h those submitted to and approved by the Landlord.
5. Visible welds and seams shall be ground smooth and filled with auto body compound before painting.
6. No fasteners, rivets, screw
s or other attachment devise shall be visible from any public vantage point.
7. Finished met
al surfaces shall be free from canning and warping. All sign finishes shall be free of dust, orange peel, drips and runs and shall have a uniform surface conforming to the highest industry standards.
INSTALLATION
The Tenant’s sign installer will provide the following:
1. P
rovide the Landlord with an original certificate of insurance naming the Landlord as an additional insured for liability coverage in an amount required by Landlord.
2. Obt
ain all required sign permits from the City of Cathedral City, California as applicable and deliver copies to the Landlord before installing the sign(s).
3. Keep a Landlord approved set of sign drawings on site when inst alling the sign(s).
4. W
arrant the sign(s) against latent defects in materials and workmanship for a minimum of one (1) year.
MAINTENANCE OF THE SIGN
The Tenant shall employ professional sign fabricators and installers approved by the Landlord who are well qualified in the techniques and procedures required to implement the sign design concept. The Tenant will abide by all provisions, guidelines and criteria contained within this “Cathedral Cove Center” Sign Program. Only those sign types provided for and specifically approved by the Landlord in Tenant’s sign submission documents will be allowed. The Landlord may, at his discretion and at the Tenant’s expense and after proper notice to Tenant, replace or remove any sign that is installed without Landlord’s written consent, or that is not executed in conformance with the approved submission. Tenant shall furnish the Landlord with a copy of all sign fabrication and installation permits prior to installation. It will be the responsibility of the Tenant to remove its storefront sign and to satisfactorily repair and patch holes of their storefront sign area should they vacate the premises.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
9 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
SITE PLAN
SCALE: 1” = 120’-0”
07-28-2022
1160 Railroad St. Corona, CA 92882 T: 800.862.3202 www.ad-s.com This is an original unpublished drawing created by AD/S Inc. It is submitted for your personal use in conjunction with a project being planned for you by AD/S Inc. It is not to be shown to anyone outside your organization, nor is it to be used, reproduced, copied or exhibited in any fashion without written permission from AD/S Inc.
CATHEDRAL COVE CENTER
5 TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
CC AA TT HH EE DD RR AA LL
MAJOR TENANT
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
CC AA TT HH EE DD RR AA LL
MAJOR TENANT
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
CC AA TT HH EE DD RR AA LL
CATHEDRAL CITY, CA
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
10 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
11 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
12 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
TE NANT
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
13 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
14 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
15 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
16 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
ELEVATIONS
ALL SIGN LOCATIONS INDICATED ON THESE ELEVATIONS ARE FOR PLACEMENT ONL Y.
FINAL LOCATIONS TO BE DECIDED UPON BY TENANT, LANDLORD, AND CITY OF CATHEDRAL CITY.
SEE SHEET 3 FOR REQUIREMENTS.
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
17 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S. 25'-0"
1'-0"
3'-0"
2.5"
2.5"
10'-0"
SCALE: 1/4" = 1'-0"
1’-4”
10”
10’-0” Tenant Sign Area
6’-0” Tenant Sign Area
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
07-28-2022
1160 Railroad St. Corona, CA 92882 T: 800.862.3202 www.ad-s.com This is an original unpublished drawing created by AD/S Inc. It is submitted for your personal use in conjunction with a project being planned for you by AD/S Inc. It is not to be shown to anyone outside your organization, nor is it to be used, reproduced, copied or exhibited in any fashion without written permission from AD/S Inc.
CATHEDRAL COVE CENTER
1CATHEDRAL CITY, CA
MP MULTI-TENANT PYLON MM MULTI-TENANT MONUMENT
4’-0”
MAJOR TENANT
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
CC AA TT HH EE DD RR AA LL
5’-6” 2’-3”
8’-6”
MULTI-TENANT PYLON AND MONUMENT SIGNS
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
18 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
SCALE: 1/4" = 1'-0"
15’-4”
8’-0”
2’-6”
1’-0”
5’-0”
6” 6”
1’-2”
07-28-2022
1160 Railroad St. Corona, CA 92882 T: 800.862.3202 www.ad-s.com This is an original unpublished drawing created by AD/S Inc. It is submitted for your personal use in conjunction with a project being planned for you by AD/S Inc. It is not to be shown to anyone outside your organization, nor is it to be used, reproduced, copied or exhibited in any fashion without written permission from AD/S Inc.
CATHEDRAL COVE CENTER
3CATHEDRAL CITY, CA
COVE
CATHEDRAL
COVE
CC AATT HH EE DD RR AA LL
CATHEDRAL
CCAATTHHEEDDRRAALL
ID PROJECT ID MONUMENT
PROJECT MONUMENT
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center) MASTER SIGN PROGRAM | CITY SUBMITTAL | 07.28.22
CATHEDRAL COVE CENTER | CATHEDRAL CITY, CA
SHEET
19 THIS IS AN ORIGINAL UNPUBLISHED DRAWING CREATED BY ARCHITECTURAL DESIGN & SIGNS, INC. (AD/S). IT IS SUBMITTED FOR YOUR PERSONAL USE IN CONJUNCTION WITH A PROJECT BEING PLANNED FOR YOU BY AD/S. IT IS NOT TO BE SHOWN TO ANYONE OUTSIDE YOUR ORGANIZATION, NOR IS IT TO BE USED, REPRODUCED, COPIED OR EXHIBITED IN ANY FASHION WITHOUT WRITTEN PERMISSION FROM AD/S.
MULTI-TENANT PYLON AND PROJECT MONUMENT NIGHT VIEW
SCALE: 1/4" = 1'-0"
07-28-2022
1160 Railroad St. Corona, CA 92882 T: 800.862.3202 www.ad-s.com This is an original unpublished drawing created by AD/S Inc. It is submitted for your personal use in conjunction with a project being planned for you by AD/S Inc. It is not to be shown to anyone outside your organization, nor is it to be used, reproduced, copied or exhibited in any fashion without written permission from AD/S Inc.
CATHEDRAL COVE CENTER
4CATHEDRAL CITY, CA
COVE
CATHEDRAL
COVE
CC AATT HH EE DD RR AA LL
CATHEDRAL
MAJOR TENANT
MAJOR TENANT
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
TENANT NAME
CC AA TT HH EE DD RR AA LL
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Attachment: Attachment 11 - Master Sign Program (3397 : PUD 21-001 Cathedral Cove Center)
City of Cathedral City
Public Hearing Notice
Notice of Availability for Public Review
and Environmental Determination
Notice is hereby given that the Cathedral City
City Council will hold a Public Hearing on the
following:
CASE(S)
Planned Unit Development No. 21-001
Tentative Parcel Map No. 37876
Conditional Use Permit Nos. 21-006, 21-007, 21-008
and 21-009
Design Review Nos. 21-001, 21-002 and 21-003
Zone Ordinance Amendment No. 21-001
Master Sign Program No. 22-019
APPLICANT/REPRESENTATIVE
Fountainhead Shrugged, LLC/Francis Chu
PROPOSAL
To develop a mix of commercial and residential use s,
including restaurants, retail, a convenience market and fueling station, and future multi -family residential on approximately 13.93 acres.
LOCATION
Southwest corner of Date Palm Dr. and East Palm
Canyon Dr.
Assessor’s Parcel Nos. 674-500-038, 687-500-001, -
003, -006 through -012, -014 and -018 through -020,
and 687-207-003 and -006
ENVIRONMENTAL DETERMINATION
An Initial Study was prepared in accordance with the
California Environmental Quality Act (CEQA). A
Mitigated Negative Declaration is recommended by staff
and will be considered during this hearing.
All information regarding th e proposed proje ct 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 Friday, 8:00 AM - 4:30 PM).
DATE AND TIME OF HEARING
September 14, 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
Any person may appear at the hearing and be heard in
support of, or opposition to, or provide other testimony on the proposed project or e nvironmental
determination. In addition, persons may also subm it
written testim ony on the proposed project or
environmental determination, which must be received
by the Project Planner prior to the clos e of the public hearing.
The City Council , at the public hea ring or during
deliberations, may approve, deny, or propose changes
to the project or to the environmental determination.
If you challenge any of these items in court, you may
be limited to raising only those issues you or someone
else raised at the public hearing described in this
notice or in written correspondence.
For further information, contact the Project Planner at:
Robert Rodriguez, Director of Planning/Bu ilding
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
(760) 770-0344
NOTE: In complian ce with the Americans with
Disability Act, if you need sp ecial 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 12 - Public Hearing Notice (3397 : PUD 21-001 Cathedral Cove Center)
Cathedral City Page 1 of 2 Printed on 9/13/2022
Staff Report
City Council
Item No. 6.A
Meeting Date: September 14, 2022
From: Eugenia Torres, Human Resources Manager
Title: Adoption of Personnel Rules for all City Employees
City Council
RECOMMENDATION:
Adopt Personnel Rules for all City Employees and Rescind the Human Resources Policies
BACKGROUND:
Chapter 2.40 of the Cathedral City Municipal Code establishes an equitable and uniform system for dealing with personnel matters and ensures compliance with applicable laws relating to the admini stration of the personnel process . The terms used to administer the personnel system shall be defined in the personnel rules. Chapter 2.40.030 of the Municipal Code states the C ity Manager shall administer the city personnel system , which includes the preparation and recommendation to the City Council personnel rules and revisions and amendments as necessary.
Our records indicate that on July 1, 1987, Personnel Rules were established which outlined general provisions, hiring procedures, pay, and policies.
Our records also indicate that on July 16, 1990, the Personnel Rules were replaced by the Human Resources Policies , which is a shorter version and only contains provisions that established policies applicable to employment practices.
Many of the pro visions in the Personnel Rules were written into the individual Memorandum of Understandings (MOU’s) as well as the Regulations Covering Executive, Administrative, Professional, Confidential and Other Particular Employees (Non-Rep).
DISCUSSION:
It has b een over 20 years since the City has had comprehensive Personnel Rules to provide to employees with answers to common questions and policy information.
Throughout the years, administrative policies have been established, language has been restated, clarif ied, eliminated, and added to the extent that all the policies and practices being followed are not in one central document.
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Cathedral City Page 2 of 2 Printed on 9/13/2022
Over the past year, City Staff has met with employer groups to discuss the proposed new Personnel Rules, which will be in addition to all the MOU’s and Non-Rep Rules and Regulations covering Executive, Administrative, Professional, Confidential and other Particular Employees.
The focus was to expand the Human Resources Policies to include current employment practices, general prov isions, hiring procedures, and combine administrative, Federal and State policies in a centralized document.
The proposed Personnel Rules creates one document that clarifies procedures and provides guidance to the administration of the personnel process as directed in the Municipal Code.
The proposed Personnel Rules are provided to the City Council for consideration and adoption. The City Manager will recommend any amendments as necessary for Council consideration in the future.
By adopting the Personnel Rules, the Human Resources Policies approved on July 16, 1990 will be rescinded.
FISCAL IMPACT:
None
ATTACHMENTS:
Personnel Rules 09.2022
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CITY OF CATHEDRAL CITY
PERSONNEL RULES
September 2022
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Attachment: Personnel Rules 09.2022 (3158 : Personnel Rules)
Personnel Policies | September 2022 Page 2
Contents
WELCOME TO CATHEDRAL CITY!.................................................................................................... 8 100 INTRODUCTION AND GENERAL INFORMATION POLICIES .......................................... 8 102 EFFECT AND APPLICABILITY OF PERSONNEL POLICIES ........................................ 8 102.1 No Contract Right; City of Cathedral City Discretion to Modify These Policies .................. 8 102.2 Applicability of Policies ...................................................................................................... 8 102.3 Conflict Between These Policies and a Collective Bargaining Agreement ....................... 8 102.4 Employee Acceptance of Policies and Revisions to Policies ............................................ 8 104 Delegation of Authority .................................................................................................. 9 104.1 Delegation of Appointing and Personnel Authority to City Manager ................................. 9 104.2 Retention of Personnel Authority as to Certain Personnel ............................................... 9 106 Categories of Employees and Non-Employees ........................................................... 9 106.1 At-Will Employees ............................................................................................................. 9 106.2 Probationary Employee ..................................................................................................... 9 106.3 For-Cause Employee ...................................................................................................... 10 106.4 Full or Part-Time Employee ............................................................................................ 10 106.5 Temporary/Seasonal/Part-Time/Extra-Help Employee ................................................... 10 106.6 Volunteer ......................................................................................................................... 10 106.7 Independent Contractor .................................................................................................. 10 106.8 Limited Term Employee .................................................................................................. 11 200 EQUAL EMPLOYMENT OPPORTUNITY .................................................................... 11 202 Equal Employment Opportunity Policy ...................................................................... 11 204 Policy against Discrimination, Harassment and Retaliation; Complaint Procedure 12 204.1 Purpose ........................................................................................................................... 12 204.1.1 Covered Individuals and Scope of Policy ........................................................................ 12 204.2 Definitions ......................................................................................................................... 12 204.2.1 Protected Classification ................................................................................................... 12 204.2.2 Protected Activity ............................................................................................................. 13 204.2.3 Discrimination .................................................................................................................. 13 204.2.4 Harassment ..................................................................................................................... 13 204.2.4.1 Guidelines for Identifying Harassment .............................................................................. 13 204.2.5 Retaliation ....................................................................................................................... 14 204.2.5.1 Complaint Procedure ........................................................................................................ 14 204.3.1 Proactive Approach ......................................................................................................... 15 204.3.2 Option to Report to Outside Administrative Agencies ..................................................... 16 204.3.3 Confidentiality .................................................................................................................. 16 204.3.4 Responsibilities ............................................................................................................... 16 205 Bullying ............................................................................................................................ 17 205.1 Complaint Procedure ...................................................................................................... 18 205.2 Confidentiality .................................................................................................................. 18 205.3 Employee Obligations ..................................................................................................... 18 206 Reasonable Accommodation and Interactive Process ............................................. 20 206.1 Reasonable Accommodation .......................................................................................... 20 206.2 Supporting Documentation or Certification ..................................................................... 20
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Personnel Policies | September 2022 Page 3
206.2.1 Reasonable Medical Documentation of Disability ........................................................... 20 206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions ......................................................................... 20 206.2.3 Certification of Victim Status ........................................................................................... 21 206.3 Fitness for Duty Examinations .......................................................................................... 21 206.3.1 Applicants ........................................................................................................................ 21 206.3.2 Current Employee ........................................................................................................... 21 206.3.3 Role of Health Care Provider .......................................................................................... 22 206.3.4 Authorization for Use of Medical Information .................................................................. 22 206.3.5 Medical Information from the Employee or Applicant ..................................................... 23 206.4 Interactive Process............................................................................................................ 23 206.4.1 When to Initiate the Interactive Process ......................................................................... 23 206.4.2 Interactive Communication .............................................................................................. 24 206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities ........................ 24 206.4.2.2 Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions ......................................................................................................................... 25 206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking ......................................................................................................................... 25 206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice ............................................................................................................ 26 206.4.3 Determination .................................................................................................................. 26 208 Whistleblower Protection ............................................................................................. 27 208.1 Policy ............................................................................................................................... 27 208.2 Policy Coverage .............................................................................................................. 27 208.3 Definitions ........................................................................................................................ 27 208.4 Complaint Procedure ...................................................................................................... 28 300 CLASSIFICATION POLICIES ...................................................................................... 29 302 Classification Plan ........................................................................................................ 29 302.1 Classification Plan ........................................................................................................... 29 302.2 Reclassification ............................................................................................................... 29 400 RECRUITMENT, SELECTION, AND APPOINTMENT .................................................... 29 402 Recruitment, Selection and Appointment Policy ....................................................... 29 402.1 Job Announcement ......................................................................................................... 29 402.2 Application Forms............................................................................................................ 30 402.3 Disqualification of Applications ........................................................................................ 30 402.3.1 Criminal Conviction Check .............................................................................................. 30 402.4 Employment Examinations .............................................................................................. 31 402.5 Eligibility Lists .................................................................................................................. 31 402.6 Appointments .................................................................................................................. 32 402.6.1 Probationary Appointment ................................................................................................ 32 402.6.2 Probationary Period for Promotion, Reinstatement or Reclassification. ........................... 33 500 EMPLOYMENT OF RELATIVES OR SPOUSES/ DOMESTIC PARTNERS ......................... 33 502 Employment of Relatives, Spouses, Domestic Partners .......................................... 33 502.1 Policy ............................................................................................................................... 33 502.2 Definitions ........................................................................................................................ 34 502.3 Employment of Relatives ................................................................................................ 34 502.4 Spouses or Domestic Partners ....................................................................................... 34
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502.5 Marriage or Domestic Partnership After Employment ..................................................... 34 600 COMPENSATION AND PAYROLL PRACTICES ............................................................ 35 602 Work Schedules and Attendance ................................................................................ 35 602.1 Work Schedules .............................................................................................................. 35 602.2 Meal Period ..................................................................................................................... 35 602.3 Rest Period ...................................................................................................................... 36 602.4 Lactation Break Time and Location ................................................................................. 36 602.4.1 Lactation Accommodation ............................................................................................... 37 602.4.2 Storage of Expressed Milk .............................................................................................. 37 602.5 Advance Request for Permission to Deviate from Regular Work Hours ........................ 37 602.6 Notification of Unforeseen Late Arrival or Absence ........................................................ 37 602.7 Unauthorized Absence is Prohibited ............................................................................... 37 602.8 Excessive Tardiness/Absenteeism and Abuse of Leave ................................................ 38 604 Work Week, Overtime and Compensatory Time Off .................................................. 38 604.1 Work Week ...................................................................................................................... 38 604.2 Overtime .......................................................................................................................... 38 604.2.1 No Remote Access for Overtime-Eligible Employees ..................................................... 38 604.2.2 Prior Approval Required for Overtime ............................................................................. 38 604.3 Accurate Time Reporting ................................................................................................ 39 604.3.1 Professional Work Week: ................................................................................................ 39 604.3.2 Partial Day Absences: ..................................................................................................... 40 604.3.3 Exempt Employee Responsibility: ................................................................................... 40 604.4 No Volunteering of Work Time ........................................................................................ 40 700 PERFORMANCE EVALUATION POLICIES .................................................................. 40 702 Performance Evaluations ............................................................................................. 40 702.1 Performance Evaluations ................................................................................................ 40 702.2 Probationary Employee Performance Evaluations ......................................................... 41 702.3 Performance Evaluation Meeting .................................................................................... 41 702.4 No Appeal Right .............................................................................................................. 41 800 LEAVES OF ABSENCES ............................................................................................ 41 802 Scheduling of Vacation Leave ..................................................................................... 41 804 Sick Leave ...................................................................................................................... 41 804.1 Purposes for Sick Leave ................................................................................................. 41 806 Family and Medical Care Leaves ................................................................................. 43 806.1 Statement of Policy; Concurrent Running of FMLA and CFRA Leaves .......................... 43 806.2 Definitions ........................................................................................................................ 43 806.3 Reasons for Leave .......................................................................................................... 47 806.4 Employees Eligible for Leave .......................................................................................... 47 806.5 Amount of Leave ............................................................................................................. 48 806.6 Minimum Duration of Leave ............................................................................................ 48 806.7 Parents both Employed by the City of Cathedral City ..................................................... 48 806.8 Employee Benefits While On Leave ................................................................................. 49 806.9 Substitution of Paid Accrued Leaves ................................................................................ 49 806.9.1 Employee’s Right to Use Paid Accrued Leave Concurrently with Family Leave .............. 50
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806.9.2 City of Cathedral City’s Right to Require an Employee to Use Paid Leave when Using FMLA/CFRA Leave ........................................................................................................... 50 806.9.3 City of Cathedral City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with Other Leaves ........................................................................................ 50 806.9.4 City of Cathedral City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA .................................................................................. 50 806.10 Medical Certification/ Recertification ............................................................................... 51 806.11 Time to Provide a Medical Certification........................................................................... 52 806.12 Consequences for Failure to Provide an Adequate or Timely Certification .................... 52 806.13 Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition ........................................................................................................................... 52 806.14 Second and Third Medical Opinions For Employee’s Own Serious Health Condition ..... 53 806.15 Intermittent Leave or Leave on a Reduced Leave Schedule .......................................... 53 806.16 Employee Notice of Leave .............................................................................................. 53 806.17 Reinstatement Upon Return from Leave ........................................................................ 53 806.18 Required Forms ............................................................................................................... 54 808 Leave Because of Pregnancy, Childbirth, or Related Medical Condition ............... 54 808.1 Amount of Leave ............................................................................................................. 54 808.2 Notice & Certification Requirements ............................................................................... 55 808.3 Compensation During Leave ........................................................................................... 55 808.4 Benefits during Leave ..................................................................................................... 55 808.5 Reinstatement ................................................................................................................. 55 810 Other Leaves .................................................................................................................. 56 810.1 Jury Duty Leave/Subpoenaed or Court-Ordered Witness Leave ................................... 56 810.2.1 Overtime-Eligible Employees .......................................................................................... 56 810.2.2 Overtime-Exempt Employees ......................................................................................... 56 810.3 Other Court or Administrative Proceeding Appearances ................................................ 56 810.3.1 Regarding Agency Duties ............................................................................................... 56 810.3.2 Regarding Employee-Initiated Proceedings .................................................................... 57 810.3.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave ....................... 57 810.3.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave ................. 57 810.4 Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining Orders or Injunctive Relief ................................................................................................ 58 810.4.1 Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Medical Attention or Counseling or Safety Planning ...................................................................... 58 810.5 Bereavement Leave ........................................................................................................ 59 810.6 Military Leave .................................................................................................................. 59 810.7 School-Related Leave ..................................................................................................... 59 810.7.1 School or Licensed Day Care Activity Leave .................................................................. 59
8.10.7.2 Child Suspension Leave ................................................................................................... 60 810.8 Paid Administrative Leave ............................................................................................... 60 810.9 Leave of Absence Without Pay Must Be Authorized By Law or These Policies............... 60 810.10 Industrial Injury Leave ..................................................................................................... 60 810.10.1 Employees Not Covered by Labor Code Section 4850 .................................................... 60 810.10.1.1 Coordination of Benefits .................................................................................................... 61 810.10.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave .............................. 61 810.10.1.3 Unpaid Leave and Continuation of Health Care Benefits ................................................. 61 810.10.2 Employees Covered by Labor Code Section 4850 ........................................................... 61 810.10.2.1 Coordination of Benefits after 4850 Leave ....................................................................... 62 810.11 Time Off to Vote .............................................................................................................. 62 900 RESIGNATION, JOB ABANDONMENT, LAYOFF, AND SEPARATION ........................... 62
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902 Resignation, Job Abandonment, Layoff and Separation .......................................... 62 902.1 Types of Separation ........................................................................................................ 62 902.2 Probationary Release ...................................................................................................... 62 902.3 Release of [Temporary/Seasonal/Extra Help] Employees .............................................. 63 902.4 Resignation ..................................................................................................................... 63 902.5 Retirement ....................................................................................................................... 63 902.6 Job Abandonment ........................................................................................................... 63 902.7 Non-Disciplinary Separation ............................................................................................ 64 902.8 Disciplinary Separation ................................................................................................... 64 902.9 Return of City Property .................................................................................................... 64 902.10 Job References/Verification of Employment ................................................................... 64 1000 WORKERS’ COMPENSATION .................................................................................... 64 1002.1 On the Job Injuries .......................................................................................................... 64 1002.2 Procedures ...................................................................................................................... 65 1200 MISCELLANEOUS POLICIES ..................................................................................... 66 1202 Personnel Files .............................................................................................................. 66 1002.1 Confidential City of Cathedral City Files ......................................................................... 66 1202.2 Notification of Changes ................................................................................................... 67 1202.3 Access to Applicant or Employee Medical Information ................................................... 67 1202.4 Employee Access to Personnel File ................................................................................ 67 1202.5 Limitations on Access or Copying of Personnel File ....................................................... 67 1202.6 Personnel Action Form .................................................................................................... 68 1204 Limitations on Outside Employment........................................................................... 68 1204.1 No Outside Employment Without Prior Approval ............................................................ 68 1204.2 Authorization ................................................................................................................... 68 1204.3 Prohibited Outside Activities ........................................................................................... 69 1204.4 Changes in Outside Employment Status ........................................................................ 69 1204.5 Revocation / Suspension of Outside Employment Authorization .................................... 69 1204.6 Use of City of Cathedral City Equipment Prohibited ....................................................... 69 1206 Limitations on Political Activity ................................................................................... 70 1206.1 No Solicitation During Work Hours or City of Cathedral City Offices .............................. 70 1206.2 No Targeted Solicitation of City of Cathedral City Officers or Employees ...................... 70 1206.3 No Political Activity in Uniform ........................................................................................ 70 1206.4 No Political Activity on City of Cathedral City Property or Work Hours ........................... 70 1208 Prohibitions on Drugs and Alcohol in the Workplace ............................................... 70 1208.1 Purpose and Scope ......................................................................................................... 70 1208.2 Drug- and Alcohol-Free Awareness Program ................................................................. 70 1208.3 Prohibited Conduct .......................................................................................................... 71 1208.4 Drug and Alcohol Testing ................................................................................................ 71 1209 Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations ...... 73 1209.1 Covered Employees ........................................................................................................ 74 1209.2 Prohibited Conduct .......................................................................................................... 75 1209.3 Consequences for Violations .......................................................................................... 75 1209.4 Circumstances for Testing .............................................................................................. 76 1209.5 Testing Procedures ......................................................................................................... 81 1209.6 Test Refusals .................................................................................................................. 81 1209.7 Prescription Drug Use ..................................................................................................... 82 1209.8 Notifying the City of Any Criminal Drug Status Conviction.............................................. 82
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1209.9 Consequences for Violation Of This Policy ..................................................................... 82 1209.10 Records Keeping and Confidentiality ................................................................................ 83 1209.11 Rehabilitation .................................................................................................................... 84 1210 Use of City of Cathedral City Equipment or Resources ............................................ 84 1210.1 Policy and Applicability .................................................................................................... 84 1210.2 Agency Equipment or Resources .................................................................................... 84 1210.3 No Expectation of Privacy ............................................................................................... 85 1210.4 Appropriate Use Only – No Misuse ................................................................................. 85 1210.5 City of Cathedral City Email Address Must be Used for City of Cathedral City Business 86 1210.6 Incidental Personal Use of City of Cathedral City Communications Equipment Permitted .......................................................................................................................................... 86 1212 Policy Against Violence in the Workplace .................................................................. 87 1212.1 Safe and Secure Workplace ........................................................................................... 87 1212.2 Prohibited Behavior ......................................................................................................... 87 1212.3 “Workplace Violence” ........................................................................................................ 87 1212.4 Incident Reporting Procedures ........................................................................................ 88 1212.5 Investigation .................................................................................................................... 88 1212.6 Prevention ....................................................................................................................... 88 1214 Appearance Standards ................................................................................................. 88 1214.1 Basis for Standards ......................................................................................................... 88 1214.2 Dress Code ..................................................................................................................... 89 1214.3 Tattoos ............................................................................................................................ 89 1214.4 Piercing ........................................................................................................................... 89 1216 Teleworking Policy ........................................................................................................ 90 1216.1 Purpose ........................................................................................................................... 90 1216.2 Definitions ........................................................................................................................ 90 1216.3 Scope of Policy and Covered Individuals ........................................................................ 90 1216.4 Voluntary Teleworking Arrangements ............................................................................. 90 1216.4.1 Eligibility Criteria ................................................................................................................ 90 1216.4.2 Process for an Employee to Request to Telework ............................................................ 91 1216.4.3 Final Determination; No Right to Appeal........................................................................... 92 1216.4.4 Approval of Requests; Voluntary Telework Agreement .................................................... 92 1216.5 Mandatory Teleworking Arrangements during Exigent Circumstances ............................ 92 1216.6 Duties, Obligations and Responsibilities for Teleworking Employees .............................. 92 1216.6.1 General Duties, Obligations, and Responsibilities ............................................................ 92 1216.6.2 Work Schedule, Leave, Benefits ....................................................................................... 93 1216.6.3 Space and Equipment, Information Security, Confidentiality ............................................ 93 1216.6.4 Miscellaneous .................................................................................................................. 94 1216.7 Ad Hoc Arrangements ..................................................................................................... 95
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Welcome to Cathedral City!
These are exciting times for our city. As a Cathedral City employee, you will play an integral role in helping our community to become all that it can be. Our customers include residents and visitors, those working and conducting business in Cathedral City, and other Cath edral City departments, offices, and agencies. We recognize the good fortune of having people like you who are committed to our vision and mission.
Our Mission guides us in our actions to ensure we are all working with a common purpose.
▪ Moving Cathedral City Forward
▪ With Commitment, Pride and Excellence
▪ Creating a safe, inclusive and progressive community
▪ Providing quality service
▪ Valuing fairness, balance and trust
▪ Building partnerships
▪ Honoring our similarities and differences
▪ Celebrating our independent spirit
100 Introduction and General Information Policies
102 EFFECT AND APPLICABILITY OF PERSONNEL POLICIES
102.1 No Contract Right; City of Cathedral City Discretion to Modify These Policies
These Personnel Policies (“Policies”) do not create any contract right, or any express or implied contract of employment. The City of Cathedral City retains the full discretion to modify these Policies at any time in accordance with law , subject to any valid collective bargaining agreement.
102.2 Applicability of Policies
These Policies apply to all categories of employees of the City of Cathedral City unless a specific section or provision excludes them.
102.3 Conflict Between These Policies and a Collective Bargaining Agreement
If a provision of these Policies conflicts with any provision of a valid department specific policy, or collective bargaining agreement between the City of Cathedral City and a recognized employee organization, the provision of the collective bargaining agreement that is in conflict shall control and apply to employees covered by that collective bargaining agreement.
102.4 Employee Acceptance of Policies and Revisions to Policies
As a condition of employment, the City of Cathedral City requires that each employee read and, if necessary, request clarification regarding these Policies.
Each employee must sign a statement of receipt acknowledging that: a) they have
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received a copy or has been provided access to the Policies; and b) understands that they are responsible for reading and becoming familiar with the contents of the Policies and any subsequent revisions to the Policies.
104 DELEGATION OF AUTHORITY
104.1 Delegation of Appointing and Personnel Authority to City Manager
The Council delegates to the City Manager , the authority to authorize employment, establish job responsibilities, and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations and these Policies. The City Manager may delegate responsibility to the Human Resources Manager to perform personnel actions in accordance with this section.
104.2 Retention of Personnel Authority as to Certain Personnel
As to those elected officials, or employees who directly report to the City Council, if any, the Council retains all authority over all personnel actions as authorized by law and these Policies.
106 CATEGORIES OF EMPLOYEES AND NON-EMPLOYEES
106.1 At-Will Employees
An at-will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre - or post-disciplinary procedural due process or evidentiary appeal unless expressly required by law. At -will employees include any of the following:
a) City Manager
b) Assistant City Manager
c) Police Chief
d) Fire Chief
e) All positions officially designated as Director
f) Employees whose positions are funded under a state or federal employment program
g) Employees designated as temporary/seasonal/limited term/extra-help h) Probationary employees that are serving in the initial probationary period i) Positions designated by the City Manager as “At Will” as a condition of employment, subject to the provisions in any valid collective bargaining agreement
106.2 Probationary Employee
A probationary employee is one who is serving a probationary period either at the outset of initial employment with the City of Cathedral City or at the outset of a promotion to a higher classification. During the initial probationary period
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for new emplo yees, a probationary employee serves at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre - or post -disciplinary procedural due process or evidentiary appeal. A new employee serving in the initial probationary period is an at -will employee.
106.3 For-Cause Employee
A for -cause employee is one who has satisfactorily completed the initial probationary period and cannot be disciplined, except when the City of Cathedral City has cause to do so. A for -cause employee has a property right in continued employment and has the right to pre - and post -disciplinary procedural due process and an evidentiary appeal for certain types of disciplinary actions that result in a significant deprivation of property.
106.4 Full or Part-Time Employee
A full-time employee is one whose position is budgeted to work at least 30 hours per week. Full -time employees receive all benefits provided in these Policies, unless otherwise provided in an MOU, or an emplo yment agreement approved by the City Council. A part -time employee is one whose position is budgeted to work on average less than 20 hours per week. Part -time employees may have different rights to leave and other benefits under the law or these Policies, depending on the number of hours they work.
106.5 Temporary/Seasonal/Part-Time/Extra-Help Employee
A temporary/seasonal/part-time/extra-help employee is an at -will employee who is appointed other than from an eligible list for a short term or seasonal basis, not to exceed six months. A temporary/seasonal/ part time/ extra-help employee serves at-will and at the pleasure of the appointing author ity, has no property right in continued employment, and has no right to any pre - or post- disciplinary procedural due process or evidentiary appeal.
106.6 Volunteer
A volunteer is not an employee, but instead is an individual who provides services to the City of Cathedral City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses. A volunteer serves at -will and at the pleasure of the appointing authority, has no property right in continued employment, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal.
106.7 Independent Contractor
An independent contractor is not an employee and serves solely pursuant to a contract that has been formed and approved as required by City of Cathedral City purchasing policies and procedures.
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106.8 Limited Term Employee
Limited term employees are those brought on to work on special projects or assignments, help the department address a significant spike in workload, backfill for a regular employee who is on leave or working out of class, or a new position is created whose position is intended to be temporary in nature . The City Manager may employ a qualified individual to fill the posit ion on a limited term not to exceed two years from the date of appointment. Such employee appointed to limited term position may be removed at any time without rights to appeal or hearing and shall not obtain permanent status in that particular position.
Limited term employee recruitments are not bound by the standard Recruitment Process, so limited term employees can be selected for a position in any of the following ways:
a) Participation in a standard recruitment process and selection from the eligibility list
b) Selection from an already active eligibility list
c) Special appointment
For limited term employees who went through a standard Recruitment for a job classification and were placed on to the eligibility list, they may be selected by a department to interview for a regular permanent position for that same job classification without going through another recruitment process.
The City Manager may grant benefits to limited term employees but said benefits shall not be automatic.
200 Equal Employment Opportunity
202 EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Cathedral City affords equal employment opportunity for all qualified employees and applicants as to all terms of employment, including compensation, hiring, training, pr omotion, transfer, discipline and termination. The City of Cathedral City prohibits discrimination against employees or applicants for employment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status or any other basis protected by law. Employees, volunteers, or applicants who believe they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct immediately by using the complaint procedures provided in these Policies, or by contacting the U.S. Equal Employment Opportunity Commission, or the California Department of Fair Employment and Housing.
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204 POLICY AGAINST DISCRIMINATION, HARASSMENT AND RETALIATION; COMPLAINT PROCEDURE
204.1 Purpose
The City of Cathedral City has a strong commitment to prohibiting and preventing discrimination, harassment and retaliation in the workplace. The City of Cathedral City will not tolerate any conduct that violates this Policy. Conduct need not arise to the level of a violation of s tate or federal law to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions. This Policy establishes a complaint procedure for investigating and resolving internal complaints of discrimination, harassment and retaliation. The City of Cathedral City encourages all covered individuals to report any conduct they believe violates this Policy as soon as possible. Any retaliation against an employee because they filed or supported a complaint or because they participated in the complaint resolution process is prohibited. Individuals found to have retaliated in violation of this Policy will be subject to appropriate sanction or disciplinary action, up to and including termination. Applicants found to have violated this policy may be removed from consideration for employment with the City.
204.1.1 Covered Individuals and Scope of Policy
The individuals covered by this Policy are: applicants; all employees regardless of rank or title; elected or appointed officials; interns; volunteers; and contractors. This Policy applies to all terms and conditions of employment, internships, and volunt eer opportunities, including, but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
204.2 Definitions
204.2.1 Protected Classification
This Policy prohibits harassment, discrimination or retaliation because of an individual’s protected classification. “Protected Classification” includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status, or any other basis protected by law. This Policy prohibits discrimination, harassment or retaliation because: (1) of an individual’s protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.
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204.2.2 Protected Activity
This Policy prohibits discrimination, harassment, or retaliation because of an individual’s protected activity. Protected activity includes: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this Policy; (4) opposing violations of this Policy; ( 5) participating in an investigation under this Policy ; or (6) participating in any other activity protected by federal, state, or local law.
204.2.3 Discrimination
This Policy prohibits treating covered individuals differently and adversely because of the individual’s protected classification, actual or perceived; because the individual associates with a person who is member of a protected classification, actual or perceived; or because the individual participates in a protected activity as defined in this Policy.
204.2.4 Harassment
Harassment includes, but is not limited to, the following types of behavior:
a) Speech, such as epithets, jokes, derogatory comments or slurs, and propositioning. This includes inappropriate comments about appearance, dress, physical features, gender
identification, or race-oriented stories and jokes.
b) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts.
c) Visual acts, such as derogatory posters, cartoons, emails, pictures or drawings related to a protected classification.
d) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment , where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual’s work performance or create an intimidating, hostile, or offensive working environment.
204.2.4.1 Guidelines for Identifying Harassment
Harassment includes any conduct that would be
unwelcome or unwanted to an individual. The
following guidelines to determine if conduct is
unwelcomed or unwanted should be followed:
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a) It is no defense that the recipient “appears” to
have consented to the conduct at issue by failing
to protest about the conduct. A recipient may
not protest for many legitimate reasons,
including the need to avoid being insubordinate
or to avoid being ostracized or subjected to
retaliation.
b) Simply because no one has complained about a
joke, gesture, picture, physical contact, or
comment does not mean that the conduct is
welcome. Harassment can evolve over time.
Small, isolated incidents might be tolerated up to
a point. The fact that no one has yet
complained does not preclud e someone from
complaining if the conduct is repeated in the
future.
c) Even visual, verbal, or physical conduct between
two people who appear to welcome the conduct
can constitute harassment of a third person who
witnesses the conduct or learns about the
conduct later. Conduct can constitute
harassment even if it is not explicitly or
specifically directed at a particular individual.
d) Conduct can constitute harassment even if the
individual has no intention to harass. Even
well-intentioned conduct can violate this Policy
if an individual would find it offensive (e.g., gifts,
over-attention, endearing nicknames, hugs).
204.2.5 Retaliation
Retaliation occurs when an employer takes adverse conduct against a covered individual because of the individual’s protected activity as defined in this Policy. “Adverse conduct” may include but is not limited to: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant; (5) shunning or avoiding an individual who reports harassment or discrimina tion; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination.
204.2.5.1 Complaint Procedure
A covered individual who believes they has been
subjected to discrimination, haras sment or retaliation may make a complaint – orally or in writing – to any
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supervisor, manager, or department head, without
regard to any chain of command. Any supervisory or
management employee who receives a harassment
complaint shall notify the Human Resources Manager .
Upon receiving notification of a harassment complaint,
the Human Resources Manager will complete and/or
delegate the following steps. If the Human Resources
Manager is accused, or a witness to the events at issue, an individual with higher authority shall complete and/or delegate the following steps.
a) Authorize and supervise the investigation of the
complaint and/or investigate the complaint. The
investigation will usually include interviews with: (1) the complainant; (2) the accu sed; and (3) other
persons who have relevant knowledge concerning
the allegations in the complaint.
b) Review the factual information gathered through the
investigation to determine whether the alleged
conduct violates the Policy giving consideration to all factual information, the totality of the
circumstances, including the nature of the conduct,
and the context in which the alleged incidents
occurred.
c) Report a summary of the determination as to
whether this Policy has been violated to appropriate
persons. If discipline or sanctions are imposed, the
level of discipline or sanctions will not be
communicated to the complainant.
d) If conduct in violation of this Policy occurred, take or recommend to the appointing authority prompt and
effective remedial action. The remedial action will
be commensurate with the severity of the offense.
e) Take reasonable steps to protect the complainant
from further harassment, discrimination or
retaliation.
If a discrimination, harassment or retaliation Com plaint is against the City Manager or Assistant City Manager, a third party will be hired to investigate and make
recommendations to the City Attorney’s Office.
204.3.1 Proactive Approach
The City of Cathedral City takes a proactive approach to potential Policy violations and will conduct an investigation if supervisory or management employees become aware that harassment,
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discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
204.3.2 Option to Report to Outside Administrative Agencies
An individual has the option to report harassment, discrimination or retaliation to the U.S. Equal Employment Opportunity Commission (EEOC) or the California Depar tment of Fair Employment and Housing (DFEH). These administrative
agencies offer legal remedies and a complaint process. The nearest offices are listed on the Internet, in the government section of the telephone book or employees can check the posters that are located on City of Cathedral City bulletin boards for office locations and telephone numbers.
204.3.3 Confidentiality
Every effort will be made to assure the confidentiality of complaints made under this Policy to the greatest extent allowed by law. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing.
An employee may discuss their interview with a designated representative. The City of Cathedral City will not disclose a completed investigation report except as necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
204.3.4 Responsibilities
a) Each non-manager or non-supervisor is responsible for:
1) Treating all individuals in the workplace or on
worksites with respect and consideration.
2) Modeling behavior that conforms to this Policy.
3) Participating in periodic training.
4) Cooperating with the City of Cathedral City
investigations, when ordered to do so, pursuant to
this Policy by responding fully and truthfully to all
questions posed during the investigation.
5) Taking no actions to influence any potential witness while the investigation is ongoing.
6) Reporting any act, they believe constitutes
harassment, discrimination or retaliation as defined
in this Policy, to their immediate supervisor, or
department head, or Human Resources Manager, or
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higher authority if allegation is against the Human
Resources Manager.
b) In addition to the responsibilities listed above, each manager and supervisor is responsible for:
1. Informing employees of this Policy.
2. Taking all steps necessary to prevent harassment,
discrimination and, retaliation from occurring, including monitoring the work environment and taking immediate
appropriate action to stop potential violations, such as removing inappropriate pictures or correcting
inappropriate language.
3. Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
4. Following up with those who have complained to ensure that the behavior has stopped and that there are no
reprisals.
5. Informing those who complain of harassment or
discrimination of their option to contact the EEOC or
DFEH regarding alleged Policy violations.
6. Assisting, advising, or consulting with employees and the Human Resources Manager regarding this Policy.
7. Assisting in the investigation of complaints involvi ng employee(s) in their departments and, when
appropriate, if the complaint is substantiated,
recommending appropriate corrective or disciplinary
action in accordance with these Policies, up to and
including termination.
8. Implementing appropriate disciplina ry and remedial
actions.
9. Reporting potential violations of this Policy of which they become aware to the Human Resources Manager ,
regardless of whether a complaint has been submitted ,
or higher authority if the allegation is against Human
Resources Manager
10. Participating in periodic training and scheduling
employees for training.
205 Bullying
Every employee, public official and other individuals have the right to be treated with respect in the workplace and at City worksites. Bullying is conduct in the workplace, with malice, that a reasonable person would find hostile, offensive and unrelated to the City’s legitimate business interests. Unlike harassment, bullying is not based on or related to a person's membership in one or more protected classifications. Bullying may occur in many forms including but not limited to the following: repeated infliction of verbal abuse, such as the use of
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derogatory remarks, insults, sarcasm and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating or humiliating (e.g., excluding, tormenting, taunting, using threat ening gestures, graffiti, spreading rumors or teasing); or the gratuitous sabotage or undermining of a person’s work performance. Bullying can also occur via use of electronic or telephonic communications such as the internet, email and chat room misuse, mobile threats by text messaging or calls, or misuse of cameras or video equipment.
205.1 Complaint Procedure
a) A covered individual who believes that they have been subjected to behavior that violates this policy should immediately notify their supervisor, department head or the City's designated Human Resources Manager, or the Employee Reporting Line (contact information is posted at various City locations), at the employee's discretion. Notification may be orally or in writing and documented in writing.
b) Supervisors who observe or otherwise become aware of alleged behavior that violates this policy are obligated to report such conduct to their manager, department head or the City’s Human Resources Manager. Managers and department heads shall advise the Human Resources Manager of any and all allegations.
c) The supervisor, manager, department head or the City’s Human Resources Manager will take appropriate steps to investigate or direct the investigation of the alleged violation of this policy. In the event the complaint is against the City Manager, an investigator shall be appointed by the Mayor of the City, or their designee.
205.2 Confidentiality
Every effort will be made to ensure the confidentiality of records and information relating to an investigation of alleged prohibited behavior and resulting remedial action, except to the extent disclosure is required by law. Complete confidentiality cannot be guaranteed, however, due to the need to fully investigate and to take effective remedial action. An employee who is interviewed during the course of an investigation is prohibited from attempting to influence any potential witness while the investigation is ongoing. An employee may discuss their interview with a designated representative. The City will not disclose a completed investigation report excep t as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
205.3 Employee Obligations
All City employees are responsible for the following:
a) Modeling behavior that conforms to this policy.
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b) Reporting any act, they believe in good faith constitutes bullying as defined in this policy, to their immediate supervisor, department head, the City’s Human Resources Manager or the Employee Reporting Line.
c) Employees are obligated to cooperate in any City investigation of prohibited behavior, including, but not limited to:
i. Coming forward with evidence and/or other relevant
information, whether favorable or unfavorable, to the
person accused of such behavior; and
ii. Fully and truthfully making a written report or verbally answering questions when asked to do so during the
course of a City investigation regarding the alleged
prohibited behavior.
d) Employees shall not knowingly falsely accuse someone of behavior that violates this policy or otherwise knowingly give false information in any City investigation involving behavior that violates this policy. Such behavior shall be grounds for disciplinary action, up to and including termination from employment.
205.4 All City supervisors and managers are responsible for the following:
a) Informing employees of this policy.
b) Taking all steps necessary to prevent bullying from occurring, including monitoring the work environment and taking immediate appropriate action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language. c) Receiving complaints in a fair and serious manner, and documenting steps taken to resolve complaints.
d) Immediately informing their manager, department head or the City’s Human Resources Manager of any complaints and working at their direction in resolving the complaint. If the Human Resources Manager is accused, or a witness to the events at issue, an individual with higher authority shall be notified and shall be responsible for conducting the investigation procedures and complaint resolution efforts.
e) Following up with those who have complained to ensure that the behavior has stopped and that there are no reprisals.
f) Assisting, advising or consulting with employees and the City’s Human Resources Manager regarding this policy.
g) Assisting in the investigation of complaints involving employee(s) in their departments and, when appropriat e, if the complaint is substantiated, recommending appropriate corrective or disciplinary action in accordance with this policy.
h) Implementing appropriate disciplinary and remedial actions. i) Reporting potential violations of this policy of which they become aware to their manager, department head or the City’s Human
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Resources Manager, regardless of whether a complaint has been submitted.
j) Participating in periodic training and scheduling employees for training.
206 REASONABLE ACCOMMODATION AND INTERACTIVE PROCESS
206.1 Reasonable Accommodation
Absent undue hardship or direct threats to the health and safety of employee(s), the City of Cathedral City provides employment -related reasonable accommodations to:
1. qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
2. employees with conditions related to pregnancy, childbirth, or a r elated medical condition, if she so requests, and with the advice of her health care provider; and
3. employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
4. employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement
206.2 Supporting Documentation or Certification
206.2.1 Reasonable Medical Documentation of Disability
If the disability or the need for reasonable accommodation is not obvious, the City of Cathedral City may require the individual to provide reasonable medical documentatio n confirming the existence of the disability and the need for reasonable accommodatio n, along with the name and credentials of the individual’s health care provider. If the individual provides insufficient documentation, the agency will: (1) explain the insufficiency; (2) allow the employee or applicant to supplement the documentation; an d (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.
206.2.2 Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions
If a pregnant employee, or an employee with a pregnancy -related condition, requests a reasonable accommodation or transfer due to pregnancy, the City of Cathedral City will provide the employee with notice of the need for a medical certification within two business days after the employee’s request for accommodation. A medical certification confirming the need for a reasonable accommodation,
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including transfer, is sufficient if it contains: (1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.
206.2.3 Certification of Victim Status
An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for their safety while at work must provide both of the following:
a) A written statement signed by the employee or an individual actin g on the employee’s behalf, to certify that the accommodation is to address victim-safety concerns while at work; and
b) A certification demonstrating the employee’s status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee’s victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employ ee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.
206.3 Fitness for Duty Examinations
206.3.1 Applicants
After the City of Cathedral City extends a conditional offer of employment to an applicant, the City of Cathedral City may require the applicant to submit to a fitness for duty examination that is job-related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City of Cathedral City will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that he/she may submit such second opinions for consideration.
206.3.2 Current Employee
The Human Resources Manager may require an employee to submit to a fitness for duty examination to determine if the employee has a disability and is able to perform the essential functions of their job when there is significant evidence that:
a) the employee’s ability to perform one or more essential functions of their job has declined; or
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b) could cause a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties or is still capable of performing those duties in a manner that does not harm themselves or others.
206.3.3 Role of Health Care Provider
The City of Cathedral City may request the applicant’s or employee’s health care provider to conduct a fitness for duty exam on the applicant or employee, or may request an City of Cathedral City -selected health care provider to do so at the City of Cathedral City’s expense. The City of Cathedral City will allow an employee paid time off to attend the exam.
The City of Cathedral City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City of Cathedral City with non-confidential information regarding whether:
a) The applicant or employee has a disability within the meaning of the California Fair Employment and Housing Act;
b) The applicant or employee is fit to perform essential job functions; c) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations;
d) There are any reasonable accommodations tha t would enable the employee to perform essential job functions; and
e) The employee’s continued employment poses a threat to the health and safety of themselves or others.
Should the health care provider exceed the scope of the City of Cathedral City’s request and provide confidential health information, without valid consent of the applicant or employee, the City of Cathedral City will return the report to the health care provider and request another report that includes only the non -confidential fitness for duty information that the City of Cathedral City has requested.
206.3.4 Authorization for Use of Medical Information
During the course of a fitness for duty examination, the City of Cathedral City will not seek or use information regarding an employee’s medical history, diagnoses, or course of treatment without an employee’s written authorization.
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206.3.5 Medical Information from the Employee or Applicant
If an employee or applicant submits medical information to the City of Cathedral City from their own health care provider, the Human Resources Manager will not forward that information on to the health care provider who conducted the examination for the City of Cathedral City , without the employee or applicant’s written authorization. Upon receipt of the written authorization, the Human Resources Manager will request the City of Cathedral City-paid health care provider to determine whether the information alters the original fitness for duty assessment.
206.4 Interactive Process
206.4.1 When to Initiate the Interactive Process
The Human Resources Manager will initiate the interactive process when:
a) An applicant or employee with a known physical or me ntal disability or medical condition requests reasonable
accommodation(s);
b) The City of Cathedral City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor’s note requesting an accommodation), or by observation of the
employee’s work;
c) The City of Cathedral City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers’ compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee’s health care provider indicate that further
accommodation is still necessary for recuperative leave or other accommodation;
d) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider; e) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave; f) An employee -victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work;
g) An employee requests an accommodation to address a conflict between r eligious belief, observance, or practice and any employment requirement; or
h) An employer is aware of the need for a reasonable
accommodation for an employee’s or applicant’s religious beliefs, observance or practices.
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206.4.2 Interactive Communication
After the occurrence of any of the above -stated circumstances that trigger the need to conduct an interactive process meeting, the Human Resources Manager will promptly arrange for a discussion or discussions, in person or via conference telephone call, wit h the applicant or employee and their designated representative, (if any). The purpose of the interactive communications will be to discuss in good faith all feasible potential reasonable accommodations. The Human Resources Manager will document these communications in writing.
206.4.2.1 Potential Accommodations for Applicants or Employees with Disabilities
Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. Th e City of Cathedral City will consider
accommodations that the applicant or employee suggests but has the right to select and implement any reasonable
accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to:
a) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including acquisition or modification of equipment or
devices, adjustment or modifications of examinations,
training materials or policies, and/or the provision of qualified readers or interpreters;
b) Job restructuring;
c) Part-time or modified work schedules;
d) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
e) Preferential consideration to reassignment to a vacant, comparable position, except w hen such preference would violate a bona fide seniority system;
f) Reassignment to a vacant lower -paid position if there is no funded, vacant comparable position for which the individual is qualified for; or
g) Reassignment to a temporary position, if the indiv idual agrees.
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206.4.2.2 Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is
reasonable is a case -by-case analysis that takes into account several factors, including, but not limited to: the employee’s medical needs; the duration of the needed accommodation; and the employer’s legally permissible past and current practices.
The range of potential accommodations includes, but is not limited to:
a) Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
b) Change in or restructuring of work duties, such as
modifying lifting requirements;
c) Providing more frequent breaks;
d) Providing seating;
e) Time off for medical appointments; and
f) Transfer temporarily to a job with equivalent pay and benefits that the emp loyee is qualified to perform in
order to accommodate reduced work schedule or
intermittent leave. However, a reduction in work hours may be considered a form of pregnancy disability leave
and deducted from the employee’s four -month
pregnancy disability leave entitlement.
206.4.2.3 Potential Accommodations for Employee-Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City of Cathedral City will consider the exigent circumstance or danger facing the employee. The City of Cathedral City will consider the preferences of the employee to be accommodated but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to:
a) Transfer, reassignment, modified schedule;
b) Change in work telephone number;
c) Change in location of workstation;
d) Installation of locks;
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e) Assistance in documenting domestic vi olence, sexual assault, or stalking that occurs in the workplace;
f) The implementation of a safety procedure(s);
g) Adjustment to job structure, workplace facility, or work requirement; and
h) Referral to a victim assistance organization.
206.4.2.4 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City of Cathedral City will consider the preference of the employee or applicant but has the right to select and implement any accommodation that it deems effective. The range of potential accommod ations includes, but is not limited to:
a) Job restructuring or job reassignment (but not
segregation from other employees or the public);
b) Modification of work practices, including dress or
grooming;
c) Allowing time off in an amount equal to the amount of non-regularly scheduled time the employee has worked
in order to avoid a conflict with their religious
observances;
206.4.3 Determination
After the interactive process communications, the Human Resources Manager will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or em ployee has suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant’s or employee’s preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City of Cathedral City finances or operations. The Human Resources Manager will inform the applicant or employee of their determination in writing. The Human Resources Manager will use their discretion based upon the particular facts of each case.
Access to Medical Information Regarding Fitness for Duty Medical records and information regarding f itness for duty, or the need for an
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accommodation, will be maintained separately from non-medical records and information. Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Human Resources Manager, the City of Cathedral City’s legal counsel, and supervisors, on a need-to-know basis, who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to state and federal law.
208 WHISTLEBLOWER PROTECTION
208.1 Policy
The City of Cathedral City prohibits all of the following:
a) Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City of Cathedral City, if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation; b) Preventing an employee from disclosing information to a gover nment agency, including to the City of Cathedral City , if the employee has reasonable cause to believe that the information discloses a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation;
c) Retaliating against an employee for refusing to participate in any activity that would result in a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation; and d) Retaliating against an employee because the employee’s family member has, or is perceived to have engaged in any of the protected activities listed in (a)-(c) above.
208.2 Policy Coverage
This Policy governs and protects City of Cathedral City officials, officers, employees, [seasonal/ temporary/ limited term/ extra help employees, and applicants for employment.
208.3 Definitions
(a) “Protected activity” includes any of the following:
a) Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates state or federal law or a violation or noncompliance with a local, state, or federal rule or regulation;
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b) Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity;
c) Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
d) Associating with another covered individual who is engaged in any of the protected activities enumerated here;
e) Making or filing in good faith and with reasonable cause an internal complaint with the City of Cathedral City regarding alleged unlawful activity;
f) Providing informal notice to the City of Cathedral City regarding alleged unlawful activity;
g) Calling a governmental agency’s “Whistleblower hotline” in good faith; h) Filing a written complaint under penalty of perjury that the City of Cathedral City has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety; and
i) Refusing to participate in any activity that the employee reasonably believes would result in a violation of state or federal law, or a violation or noncompliance with a local, state, or federal rule or regulation.
(b) “Adverse action” may include, but is not limited to, any of the following:
a) Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity;
b) Refusing to hire an individual because of actual or potential protected activity;
c) Denying promotion to an individual because of actual or potential protected activity;
d) Taking any form of disciplinary action because of actual or potential protected activity;
e) Extending a probationary period because of actual or potential protected activity;
f) Altering work schedules or work assignments because of actual or potential protected activity;
g) Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
h) Spreading rumors about a person because of that person’s actual or perceived protected activity; and
i) Shunning or unreasonably avoiding a person because of that person’s actual or perceived protected activity.
208.4 Complaint Procedure
An applicant, employee, or [seasonal/temporary/ limited term/ extra help employee] who feels they have been retaliated against in violation of this Policy
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should immediately report the conduct according to the complaint procedure in the City of Cathedral City Policy Against Discrimination, Harassment or Retaliation so that the complaint can be resolved fairly and quickly. Supervisors and Managers have the same responsibilities as defined in the Policy Against Discrimination, Harassment or Retaliation.
300 Classification Policies
302 CLASSIFICATION PLAN
302.1 Classification Plan
The Human Resources Manager shall ascertain and record the duties and responsibilities of all positions and, after consulting with affected department heads, shall recommend a classification plan, including job descriptions, for such positions. The plan and any revisions thereof sha ll become effective upon approval of the City Manager.
Following the approval of the classification plan, the Human Resources Manager shall allocate every position to one of the classifications established by the plan.
When a new position is created, suc h position may not be filled, until the classification plan has been amended to provide for the new position.
The City will comply with any and all legal duties to meet and confer, regarding any change.
302.2 Reclassification
The Human Resources Manager may initiate a job audit to determine whether the duties of a position have changed to such an extent that they necessitate reclassification of the position from the existing classification to a more appropriate classification. Upon compl etion of the job audit, the Human Resources Manager shall make a recommendation regarding reclassification to the City Manager. The City will comply with any and all legal duties to meet and confer regarding any change.
400 Recruitment, Selection, and Appointment
402 RECRUITMENT, SELECTION AND APPOINTMENT POLICY
402.1 Job Announcement
The Human Resources Manager will prepare a job announcement to announce a proposed recruitment. The announcement may be posted on the City of Cathedral City ’s website and other locations the Human Resources Manager
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deems appropriate, depending upon whether the recruitment is open t o the public or current employees only. The announcement will include:
a) The title and pay for the position;
b) The nature of the work to be performed and essential job duties of the position;
c) The minimum qualifications, including whether the job is a promo tional position;
d) A statement of the employment status of the position – for cause or at- will;
e) The last date that the Human Resources Manager will accept applications, if any;
f) The time, place, and type of the examination, if known, and if a medical examination, and/or a drug screen will be required following a conditional offer of employment; and
Such other information as determined in the discretion of the Human Resources Manager.
402.2 Application Forms
Job applications shall require information describing an individual’s training, experience, and other pertinent information as deemed necessary to assess qualifications for the job. Applicants may be required to provide supplementary information, includin g but not limited to: answers to job -related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically or electronically, by the person applying. T he Human Resources Manager will not process any application which is not fully completed and signed. Should an applicant be appointed to a position, the supplemental information shall become a part of the individual’s permanent employment records.
402.3 Disqualification of Applications
The Human Resources Manager may reject any application which: is not properly completed or incomplete; or is received after the application deadline; or indicates that the applicant does not meet the minimum qualifi cations for the position; or more suitable candidates have applied. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant.
402.3.1 Criminal Conviction Check
The City Manager and authorized designee are hereby authorized to have access to the “State Summary Criminal Information” for every individual employed by the City as provided in section 11105 of the Penal Code of the State of California.
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Unless the law allows for different, the City of Cathedral City will first make a conditional offer of employment and then the Human Resources Manager may request information about criminal convictions, except for misdemeanor marijuana-related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged.
Unless required by law, the City of Cathedral City will not deny employment to any applicant solely because they have been convicted of a crime. The City of Cathedral City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position.
402.4 Employment Examinations
a) The Human Resources Manager will determine the manner and methods of administering employment examinations. Examinations may consist of: written tests; oral tests; performance tests; evaluations of prior training and performance, experience and/or education; interviews; working sty le assessments; practical exercises; file review; or any combination thereof. The content of all examinations will be job - related and designed to test knowledge, skills or abilities that help predict successful completion of job duties.
b) The content of a ll examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination. c) An applicant with a disability may request accommodation in an examination process. Following receipt of a request for accommodation, the Human Resources Manager may require additional information, such as reasonable documentation of the existence of a disability.
d) Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination. Each applicant will be notified by mail or em ail whether they will continue in the examination process.
e) Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check.
402.5 Eligibility Lists
a) After completion of an open or promotional examination for a classification, the Human Resources Manager will prepare an eligibility list consisting of the names of candidates who passed the examination. Eligibility lists shall become effective upon the certification by the Human Resources Manager. b) The names on the eligibility list shall be arranged in order of final scores/rankings from the highest to the lowest score/ranking. Suc h applicants shall be deemed as qualified for appointment, pending further
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review by the department head and other qualifying procedures such as reference checks, medical examinations or background investigations. c) Eligibility lists shall be valid and remain in effect for a period of six months, unless sooner exhausted. An eligibility list may be extended for up to six (6) additional months by the Human Resources Manager if extended prior to its expiration date.
d) If three or less names of applicants, willing and able to accept appointment, are available on a list, that list may be declared invalid by the Human Resources Manager and a new recruitment and examination announced. e) A person appearing on an eligible list will be emailed n otice of their placement on the list.
f) A person placed on an eligibility list shall be removed from the list if they so request in writing or fails to respond to notification of an opening within three days after notification. It is the responsibility of the eligible person to keep the Human Resources Manager informed of their current physical or email address, or phone number.
402.6 Appointments
The City Manager or their designee will make all appointments except for those classifications that report to the governing body. The City Manager or their designee has discretion to decide in what manner a vacancy shall be filled.
Vacancies may be filled by reinstatement, promotion, trans fer, demotion, appointment of temporary / seasonal employees /limited term , or from an appropriate eligibility list if available. No specific list shall have priority over other lists. The City Council will make appointments for those classifications that report to it.
a) When a position is to be filled from a promotional or open eligibility list, the Department Head shall make recommendations for appointment from among those on the appropriate list. The Human Resources Manager shall be immediately notified of the re commendation. The City Manager or their designee shall thereupon make an offer of employment.
b) Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job -related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made. c) The person accepting appointment shall report to the Human Resources Manager or designee on the date designated by the Human Resources Manager. Otherwise, the applicant shall be deemed to have declined the appointment.
402.6.1 Probationary Appointment
a) At-Will Status: The probationary period is part of the examination process and is used to determine whether work performance or work -related behavior meets the required
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standards of the position. A probationary employee may be rejected at any time during the probationary period with or without cause or reason, without notice or appeal or grievance. The probationary employee will be notified
prior to the expiration of the probationary period that they have been rejected from probation.
b) Length of Probation: Unless otherwise specified by
memorandum of understanding or these Policies, the
probationary period is 6 months, 1040 hours of actual and continuous service. The probationary period is automatically extended by the length of any abse nce of one workweek or more. The probationary period can also be extended by the Agency at the discretion of the City Manager or their
designee.
402.6.2 Probationary Period for Promotion, Reinstatement or Reclassification.
a) At-Will Status: On accepting a promotion, reinstatement or reclassification to another class , an employee may be
rejected at any time during the promotional probationary period with or without cause or reason, without notice or appeal or grievance, and wi thout any rights . If the
employee fails to satisfactorily complete the probationary period in the position, the employee may return to the
position held prior to promotion at the range and step held prior to promotion, if there is a vacancy in the prior position, unless they are terminated for cause. This section shall not create “bumping” rights where none exist in an employee’s MOU or other agreement.
b) Length of Probation: On accepting a promotion,
reinstatement, or reclassification, an employee serves a new probationary period of 6 months, 1040 hours of actual and continuous service. The probationary period is
automatically extended by the length of any absence of a week or more.
500 Employment of Relatives or Spouses/ Domestic Partners
502 EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC PARTNERS
502.1 Policy
The City of Cathedral City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.
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502.2 Definitions
a) “Relative” means child, step-child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.
b) “Spouse” means one of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by California law. c) “Supervisory relationship” means one in which one employee exercises the right or responsibility to control , direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City of Cathedral City appointment.
502.3 Employment of Relatives
The City of Cathedral City will not appoint, promote or transfer a person to a position within the same department, division, or facility in which the person’s relative already holds a position, if any of the following would result:
a) A direct or indirect supervisory relationship between the relatives; b) The two employees having job duties which require performance of shared duties on the same or related work assignment;
c) Both employees having the same supervisor; or
d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.
502.4 Spouses or Domestic Partners
The City of Cathedral City will not appoint, promote, or transfer a person, to the same department, division, or facility in which the person’s spouse or registered domestic partner alrea dy holds a position, if such employment would result in any of the following:
a) One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
b) Potential conflicts of interest or hazards for married persons or t hose in domestic partnership which are greater than for those who are not married or in domestic partnerships.
502.5 Marriage or Domestic Partnership After Employment
Transfer: If two City of Cathedral City employees who work in the same department later become spouses or domestic partners, the Human Resources Manager shall have discretion to transfer one of the employees to a similar position in another department, division, or facility in which the person’s relative already holds a position, if any of the following would result:
a) A direct or indirect supervisory relationship between the relatives;
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b) The two employees having job duties which require performance of shared duties on the same or related work assignment;
c) Both employees having the same supervisor; or
d) A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.
Although the wishes of the two employees will be considered, the Human Resources Manager retains sole discretion to determine which employee will be transferred based upon City of Cathedral City needs for supervision, safety, security or morale. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any gri evance or appeal, or pre - or post - disciplinary appeal due process.
Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Human Res ources Manager finds to be consistent with the City of Cathedral City ’s interest in the promotion of supervision, safety, security, or morale, then the Human Resources Manager retains sole discretion to separate one employee from City of Cathedral City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre - or post - disciplinary appeal due process. Notwithstanding that, the City will allow for a limited appeal process where the employee may present evidence to the City Manager in person or through written evidence, for a final determination.
600 Compensation and Payroll Practices
602 WORK SCHEDULES AND ATTENDANCE
602.1 Work Schedules
Work schedules are determined at the discretion of the department head and are subject to change with or without notice, according to the needs of the department or City of Cathedral City . An overtime-eligible employee shall be in attendance and at work during the hours specified by the supervisor. The City will comply with any and all legal duties to meet and confer, regarding any change.
602.2 Meal Period
A one-hour non-compensated meal period will be provided to all full -time overtime-eligible employees who work at least an eight -hour workday. Meal breaks can be shortened to no less than 30 -minutes if approved by the employee’s supervisor.
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602.3 Rest Period
A 15 -minute compensated rest period will be provided to all overtime-eligible employees for each four-hour period of service. The rest period shall be taken at a time designated by the employee’s supervisor. Rest periods may not be combined to shorten the workday or to extend the meal period.
602.4 Lactation Break Time and Location
The City of Cathedral City will provide a reasonable amount of break time to accommodate any employee desiring to express breast milk for the employee’s infant child each time the employee has a need to express milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. If the employee takes lactation breaks at times other than their provided break times, then the lactation break shall be unpaid, or the employee may choose to use accrued leave.
Those desiring to take a lactation break at times other than their provided break times must notify a supervisor prior to taking such a break. Breaks may be reasonably delayed if they would seriously disrupt operations. Once a lactation break has been approved, the break should not be interrupted except for emergency or exigent circumstances.
The City of Cathedral City will provide a room or other appropriate location in close proximity to the employee’s worksite that is not in a bathroom to express milk in private. The room or location will meet the following requirements:
❖ Be shielded from view and free from intrusion while being used to express milk;
❖ Be safe, clean, and free of hazardous materials;
❖ Contain a surface on which to place a breast pump and personal items; ❖ Contain a place to sit; and
❖ Have access to electricity needed to operate an electric battery-powered breast pump.
An employee occupying such private area shall either secure the door or otherwise make it clear to others through signage that the area is occupied and should not be disturbed. All other employees should avoid interrupting an employee during an authorized break under this section, except to announce an emergency or other urgent circumstance.
The City of Cathedral City will provide access to a sink with running water and a refrigerator, or other cooling device, suitable for storing milk, in close proximity to the employee’s work area.
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602.4.1 Lactation Accommodation
An employee may make a request for lactation acc ommodation, either orally or in writing, with the Human Resources Manager.
Following receipt of a request for lactation accommodation, the City of Cathedral City will provide a timely written response to the employee in which the City of Cathedral City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.
An employee does not believe that the City of Cathedral City is providing an appropriate lactation accommodation should immediately inform the Human Resources Manager.
An employee who does not believe that the City of Cathedral City is providing an appropriate lactation accommodation as required by state law has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.
602.4.2 Storage of Expressed Milk
Any employee storing expressed milk in any authorized refrigerated area within the City of Cathedral City shall clearly label it as such. No expressed milk shall be stored at the City of Cathedral City beyond the employee’s work day/ shift.
602.5 Advance Request for Permission to Deviate from Regular Work Hours
An overtime-eligible employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working, break, and meal times.
602.6 Notification of Unforeseen Late Arrival or Absence
An overtime-eligible employee who is unexpectedly unable to report for work as scheduled must notify their immediate supervisor no later than the beginning of the employee’s scheduled work time and report the expected time of arrival or absence. If the im mediate supervisor is not available, the employee must notify the department head.
602.7 Unauthorized Absence is Prohibited
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. An overtime - eligible employee who fails to timely notify the supervisor of any absences as required by this Policy, or who is not present and ready to work during all
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scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence.
602.8 Excessive Tardiness/Absenteeism and Abuse of Leave
Excessive tardiness occurs when an overtime -eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30 -day period. Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by state or federal law, exceeds three days in any three -month period. Excessive ta rdiness or absenteeism may be grounds for discipline.
Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirements for taking the leave, and may be grounds for discipline. Should the City of Cathedral City suspect that there is an abuse of leave by an employee, the City of Cathedral City may require that the employee submit a physician’s certificate to support the absence.
604 WORK WEEK, OVERTIME AND COMPENSATORY TIME OFF
604.1 Work Week
The workweek begins a t 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday, except as otherwise designated in an applicable MOU, or by a Fair Labor Standards Act (FLSA) 29 USC § 207(k) work period for fire and police employees.
604.2 Overtime
Overtime is all hours an overtime-eligible employee actually works over 40 hours in their designated work week unless otherwise specified in an MOU . Only actual hours worked will be counted toward the 40 -hour threshold for purposes of calculating Fair Labor Standards Act (FLSA) overtime pay; paid leave will not be counted unless expr essly outlined in an MOU . Overtime -eligible employees who are directed to work overtime must do so.
604.2.1 No Remote Access for Overtime-Eligible Employees
Unless the Human Resources Manager specifies otherwise in writing, overtime-eligible employees may not have remote access to City of Cathedral City equipment, resources, or email.
604.2.2 Prior Approval Required for Overtime
Overtime-eligible employees are not permitted to work overtime except as directed and authorized by their supervisor, or in case of emergency, as determined by the agency. Working overtime without prior authorization or approval is grounds for discipline. In emergency situations that necessitate working overtime, t he employee must notify
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a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the supervisor denies the request to work overtime, the employee must obey the supervisor’s directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures.
604.3 Accurate Time Reporting
All hours worked must be acc urately reflected in the timekeeping system.
Recorded time must accurately reflect all regular and overtime hours worked, absences, late arrivals and early departures. Employees must accurately report all work time to the nearest five minutes.
If an employee’s recorded time is not accurate, the employee should notify their supervisor before approving their time. Upon receipt of a paycheck, the employee should verify that the paycheck accurately reflects all regular and overtime hours worked during the pay period.
Any attempt to falsify a time record is strictly prohibited. Any instruction by a manager or supervisor to an employee to falsify a time record is also strictly prohibited. Falsifying a time record may include, but is not limited to, incorrectly or falsely under reporting or over reporting time worked, and altering another employee’s time record to inaccurately or falsely report an employee’s hours worked. If an employee becomes aware of a falsified time record or an attempt to falsify a time record, the employee should immediately report and notify this to their supervisor, a member of management, or the Office of Human Resources.
Employees who consistently miss time reporting will be subject to disciplinary action.
604.3.1 Professional Work Week:
Exempt employees are generally expected to work a “professional work week,” which, for full-time employment, equates to forty hours a week, but can often mean more hours. Exempt employees are expected to work as many hours required to meet their job responsibilities, including evenings, weekends, and extended travel, if necessary. Under the FLSA, exempt employees are not eligible for paid overtime or compensatory time. It is, however, generally expected exempt employees will communicate, in advance, with their supervisor about scheduled absences during their typical working hours to ensure that absences do not interfere with their job responsibilities and impact the work of the office and their teammates.
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604.3.2 Partial Day Absences:
Exempt employees can be expected to use leave accruals for partial day absences. Partial day absences are intended to acknowledge the hard work and long hours worked by employee, while accommodating the associated challenge of taking care of personal business, when necessary.
This does not mean, however, that partial day absences may be used on a regular basis as a form of compensatory leave, or to change the agreed upon work schedule. If a supervisor believes partial day absences are being us ed inappropriately, the supervisor should clarify expectations.
Unlike absences covered by accrued leave, the expectation is an employee will complete their duties within the normal timelines, when they utilize partial day absences.
604.3.3 Exempt Employee Responsibility:
Follow your department/unit request for leave procedures, requiring Supervisor approval for using leave time. Leave time shall be reported in half-day (normally 4 hours for 5/8 schedule: 5 hours for 4/10 schedule: 3 hours for 6-hour shifts) increments when working less than half-day. No leave shall be recorded when working more than half-day.
Where an exempt employee has exhausted all available accrued vacation and float leaves, the employee’s salary may be reduced for full -day absences due to personal reasons. Employees shall report leave taken under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) by completing the required FMLA/CFRA forms.
604.4 No Volunteering of Work Time
All time spent for th e benefit of the City of Cathedral City must be reported as hours worked on time records so that the employee is paid for all work. Overtime -eligible employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation. No supervisor has authority to request overtime - eligible employees to volunteer work time.
700 Performance Evaluation Policies
702 PERFORMANCE EVALUATIONS
702.1 Performance Evaluations
A non-probationary employee’s supervisor will prepare and sign a performance evaluation on a City of Cathedral City form for each performance evaluation period. The Department Head will review and approve all performance evaluations of subordinates in their department. The City Manager or their
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designee will review and approve all performance evaluations of department heads or any other employees under their direct supervision. Additional performance evaluations may be prepared at any time the Department Head deems necessary.
702.2 Probationary Employee Performance Evaluations
On or about the completion of six months of a probationary period, and again at any point prior to separation or the successful completion of the probationary period, the probationary employee’s supervisor will prepare and sign a performance evaluation. T he purpose of the probationary performance evaluation is to chart the probationer’s progress toward meeting the standards of their position.
702.3 Performance Evaluation Meeting
The supervisor will meet with the employee to discuss the evaluation. The employee shall sign the evaluation to acknowledge its contents and that they have met with their supervisor to discuss the evaluation. The employee’s signature shall not mean that they endorse the contents of the evaluation.
702.4 No Appeal Right
An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the ev aluation in the employee’s personnel file. The written statement must be submitted within 20 days after the employee receives the evaluation. FBOR and PBOR statutes apply.
800 Leaves of Absences
802 SCHEDULING OF VACATION LEAVE
Vacation leave may not be used until it is earned. The employee and the department head will schedule the times when an employee may take vacation leave. The scheduling will be based on the employee’s preference and the City of Cathedral City operational needs. An employee shall provide a minimum of one week’s written advance notice, unless waived by the department head, when requesting vacation time off.
804 SICK LEAVE
804.1 Purposes for Sick Leave
Sick leave is paid leave from work that can be used for the following purposes:
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a) diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of an y age or dependency status; parent; parent-in-law; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or
b) for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
(a) Sick Leave Use
A part -time employee may use accrued sick leave, in a minimu m increment of two hours, beginning on the 90 th day after the first day of employment with the City, subject to the limits and request provisions in this Policy.
(b) Protected Sick Leave:
a) For full time employees who are not seasonal/temporary/extra help employees, one-half of the employee’s accrued and available annual sick leave is protected and may be used for any of the purposes stated in this Policy; and
b) For seasonal/temporary/extra help employees , up to 24 hours, or three days, whichever is greater, of accrued and available sick leave each year is protected and may be used for any of the purposes stated in this Policy. The year is measured beginning on July 1or the employee’s anniversary of hire date, whichever is later. (c) Sick Leave Request: To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave. Failure to request sick leave as required by this Policy without good reason, may result in the employee being treated as absent without leave.
(d) Certification: The City of Cathedral City may require that employees who are not seasonal/temporary/extra help employees , provide a physician’s certification to support any absence that involves the illness of the employee or family member if the City of Cathedral City suspects that there is an abuse of sick leave by the employee . All employees, including [seasonal/temporary/extra help], who use paid leave to address issues related to domestic violence, sexual assault or stalking, and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter.
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(e) Sick Leave Reinstatement: If an employee separates and is rehired within one year from separation, accrued and unused sick leave, to a maximum of 6 days or 48 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City of Cathedral City may immediately use reinstated sick leave. An employee who had not worked 90 days in the initial employment with the City of Cathedral City must work the remaining amount of the 90 day-qualifying period to be able to use accrued sick leave.
806 FAMILY AND MEDICAL CARE LEAVES
806.1 Statement of Policy; Concurrent Running of FMLA and CFRA Leaves The City of Cathedral City provides family and medical care leave for eligible employees as required by State and federal law . Employees who misuse family and medical care leave may be disciplined up to and including termination.
Employees who fraudulently obtain or use CFRA leave are not protected by the CFRA’s job restoration or maintenance of health benefits provisions.
This Policy is supplemented by the Federal Family and Medical Leave Act (FMLA), and the California Family Rights Act (CFRA). Unless otherwise stated in this Policy, “Leave” means leave pursuant to the FMLA and CFRA. Unless otherwise required by law, the City of Cathedral City will run each employee’s FMLA and CFRA leaves concurrently.
806.2 Definitions
a) “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken.
b) “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.
c) “Family member” for FMLA leave means an employee’s child, parent, and spouse. “Family member” for CFRA leave means an employee’s child, parent, spouse, domestic partner, grandchild, grandparent, and sibling. d) “Child”
I) Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self -care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or step -child.
A child is “incapable of self care” if he/she requires active assistance or supervision to provide daily self -care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public
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transportation, paying bills, maintaining a residence, or using telephones and directories.
II) Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self -care. An employee’s child means a biological, adopted, foster, step -child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.
e) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in- law.
f) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below.
g) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Cod e section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.
h) "Grandparent” means a parent of the employee’s parent. i) “Grandchild” means a child of the employee’s child.
j) “Sibling” means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.
k) “Serious Health Condition” means an illness, injury impairment, or physical or mental condition that involves:
1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or
2) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a) A period of incapacity (i.e., inabi lity to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b) Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct
supervision by a health care provider, or by a provider
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of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing
treatment under the supervision of the health care
provider. This includes, for example, a course of
prescription medication or therapy requiring special
equipment to resolve or alleviate the health condition.
If the medication is over the counter, and can be
initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.
3) Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave. (See Policy 808, Leave Because of Pregnancy, Childbirth, or Related Medical Condition.)
4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
❖ Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
❖ Continues over an extended period of time (including recurring episodes of a single underlying condition); and
❖ May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
5) A period of incapacity that is permanent or long -term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.
6) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.
l) “Health Care Provider” means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;
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3. Podiatrists, dentists, clinical psych ologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
4. Nurse practitioners and nurse -midwives and clinical social workers who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. m) “Covered active duty” means: 1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or 2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. n) “Covered Service Member” m eans: 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time dur ing the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
o) “Outpatient Status” means, with respect to a covered service member, the status of a member of the Armed Forces assigned to eit her: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. p) “Next of Kin of a Covered Service Member” me ans the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA. q) “Serious Injury or Illness” means: 1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line