CITY OF CATHEDRAL CITY
CITY COUNCIL
CONDITIONS OF APPROVAL
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
CATHEDRAL COVE CENTER
PROJECT LOCATION:
SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND
DATE PALM DRIVE
(APN: 674-500-038, 687-500-001, -003, -006 THROUGH -012, - 014 AND -018 THROUGH -020, AND 687-207-003 AND -006)
DATE APPROVED: SEPTEMBER 28, 2022 (SECOND READING)
(CONDITIONS REVISED BY PLANNING COMMISSION
ON AUGUST 3, 2022)
SECTION 1 ADMINISTRATIVE CONDITIONS
1.1Prior to issuance of a building permit the Applicant or Developer shall sign the approved Conditions of Approval which shall certify that the Applicant or Developer agrees to implement all Conditions of Approval.
1.2A copy of the signed Conditions of Approval shall be printed onto the first page of the construction drawings.
1.3The plans approved by the Architectural Review Committee and Planning Commission will be referenced as “Exhibit A”. The construction drawings shall conform substantially to “Exhibit A” as approved by the Planning Commission, with the exception of any detail specifically modified by any of the conditions of approval contained herein. Any deviation from “Exhibit A” shall be submitted in writing and approved by the Director of Planning/Building and/or the Director of Engineering/Public Works prior to approval of the construction drawings.
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1.4This approval shall be valid for two years from date of approval, unless extended pursuant to the Cathedral City Municipal Code and Subdivision Ordinance.
1.5No Certificate of Occupancy shall be granted until all Conditions of Approval have been completed and approved by the Director of Planning/Building, Director of Engineering/Public Works, and Fire Chief unless otherwise identified herein.
1.6The Final Parcel Map shall be approved by the City Council and recorded prior to the issuance of any building permits.
1.7The development of the site shall conform 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.
1.8All improvements approved for construction are required to be maintained as to comply substantially with the plans approved for construction, unless modifications are approved by the Director of Planning/Building and the Director of Engineering/Public Works. The improvements to be maintained include, but are not limited to, site improvements: parking and walking surfaces, private drainage control facilities, fences/walls, signs, and lights; building and accessory structure improvements; paint colors and other finish materials, roofing materials, mechanical equipment, windows, trellises, canopies, all architectural features, landscaping and landscape irrigation.
1.9The 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
2.1The Developer shall pay all applicable City of Cathedral 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 APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this document begins on the effective date of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project.
It further does not apply to any fees, dedication, reservations, or exactions for which the applicant has been given a notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired.
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SECTION 3 PLANNING
3.1If the project is proposed to be constructed in phases, a phasing plan shall be submitted for review and approval. The phasing plan shall outline the approximate construction timeline for buildings, infrastructure, landscaping, open space, common amenities, and other site improvements.
3.2The project shall comply with the requirements of Chapter 9.94 (Planned Unit Development), where applicable.
3.3A Final Planned Unit Development (PUD) 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.
3.4Per section 9.94.110 of the Zoning Ordinance, all structures shall be setback a minimum of ten feet from the right-of-way of public or private streets, unless a variance has been granted.
3.5All drive-through lanes shall be screened from public view along East Palm Canyon Drive. Screening methods may include block walls and landscape mounding and hedges.
3.6Prior 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 mechanical and electrical 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 crossing points on private roads. Include detail of decorative paving material.
f. Show locations of all fire hydrants, catch basins, and gutters.
3.7Prior to the issuance of building permits, a Final Landscape Construction Plan, prepared by a licensed landscape architect, and signed by the local water purveyor, shall be submitted to the Planning Department for review and approval.
The Final Landscape Construction Plan shall contain the following required information:
a. A title block with sheet number, site address and APNs, date of preparation, and name, address, and phone number of Applicant or Developer on all sheets.
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b. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
c. Show use of concrete mow strip between turf and other surfaces. d. Clear indication where landscaping will be used to screen mechanical, electrical, and irrigation equipment.
e. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
f. Show all location of mechanical, electrical, and irrigation equipment and landscaping that will screen from public view.
g. A detail showing planter design adjacent to walkways and driveways that is designed to prevent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two-inch vertical separation between the pavement and the soil.
h. Plant and tree installation and staking details. Plant and tree installation and staking details that require single trunk trees to be double staked and multi- trunk trees to be staked appropriate to the species of tree. i. Details, specifications, and location of all pavers and decorative surface materials used on the site. Samples of crushed rock material or decomposed granite materials shall be submitted to the Planning Department for approval. j. All decorative surface materials shall be approved by the Director of Planning/Building before issuance of any permits.
k. Landscaping and irrigation shall be provided along the street frontage. l. Landscape plans shall meet the requirements of the City of Cathedral City’s Water Efficient Landscape Ordinance.
m. All plant materials used on the project site shall be those listed in the most recent version of Coachella Valley Water District’s “Lush & Efficient Landscape Gardening in the Coachella Valley”.
n. An Irrigation Plan with equipment details.
3.8Site landscaping shall comply with the City Design Guidelines and Water Conservation policies and rules regardless of whether the items are illustrated on the Construction Landscape Plans:
a. Plants and trees shall be primarily of drought tolerant species compatible with the desert environment.
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b. At least 50% of the trees shall be evergreen species. c. All trees in parking lots shall be centered between 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 major arterials and/or streets shall comply with the street tree requirements of the City’s Design Guidelines. g. Planter areas shall be surrounded by a concrete mow strip or other hard surface.
h. All ground-mounted equipment, such as mechanical, electrical, and irrigation equipment (backflow preventers), shall be located within a landscape planter.
This equipment shall not be located within a turf area and shall not be visible from public view.
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 be verified as to size by the project planner prior to being planted. It is the responsibility of the contractor and/or Applicant to make an appointment with the project planner to conduct this verification.
3.9All landscaping shall be continuously maintained. Trees, shrubs, ground covers, etcetera, shall be watered and permanently maintained. All dead vegetation shall be removed and replaced in a timely manner.
3.10Where landscaping is required for off-street parking areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be required to regulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches. Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and said curbing is needed to retain water. Overflow devices which drain under sidewalks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb.
3.11The Applicant shall contact the Planning Department 90 days after issuance of a Certificate of Occupancy to arrange for a follow-up on-site inspection to ensure Cathedral Cove Center
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that all plant material is being maintained consistent with the approved Exhibit “A”.
3.12Redwood headers are specifically prohibited from use on the project site for landscaping or as a permanent condition for other uses.
3.13The property owner shall record a maintenance covenant over the property that guarantees the removal of weeds, dust, blowsand, and debris, and ensures that the property is maintained in a weed, dust, blowsand, and debris-free condition per the approved plans and conditions of approval.
3.14Building and landscaping shall be maintained in a condition that substantially complies with this approval.
3.15A final fence and wall plan shall be submitted to the Planning Department for review and approval that includes at minimum, the height, color, materials and location of all fences and walls proposed for the project.
3.16All lighting on site shall comply with Chapter 9.89 of the Municipal Code relative to outdoor lighting including fixtures that direct lighting downward.
3.17An exterior Lighting Plan, that includes landscape and pedestrian lighting, shall be submitted in compliance with CCMC Section 9.89, including a photometric analysis, for review 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 minimum, a trowel finish shall be provided.
d. That the bolts connecting the light fixture to the base will be covered.
3.18Property addresses or building identification signs shall be placed on all new and existing buildings so as to be plainly visible from the public street. Said signs shall be a minimum of 12 inches in height. Numbers shall be either internally or externally illuminated consistent with Municipal Code Section 9.02 and designed to illuminate automatically during periods of darkness.
3.19All mechanical equipment, either roof or ground mounted, shall be screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall architecturally match the building. If after construction, but prior to the issuance of a Certificate of Occupancy, it is determined by the Director of Planning/Building that equipment can be viewed from the public right-of-way a plan for screening the equipment shall be submitted to the Planning Department for approval. Once approved, said screening shall be constructed prior to issuance of a Certificate of Occupancy.
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3.20Outdoor display and storage of merchandise is strictly prohibited, unless approved in compliance with the Cathedral City Municipal Code.
3.21Signage for the proposed project is not part of this approval and shall require a sign permit, prior to the issuance of a Certificate of Occupancy.
3.22All signage shall comply with the approved Master Sign Program for the project.
Any deviations from the Program will require an amendment approved by the Planning Commission.
3.23No loading or 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.
3.24For each parcel that contains a building, a trash enclosure shall be provided.
3.25Trash enclosures shall be constructed to City standard and have a decorative wall surface and a decorative cap that are consistent with the overall architecture of the project.
3.26The trash enclosures shall accommodate an organic waste bin in compliance with SB 1383.
3.27All breaker boxes, fire sprinkler risers, and utility conduits shall be interior to the building or within an enclosure that is in integrated into the building design as approved by the Planning Department.
3.28All 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.
3.29All drain terminations shall be the Watts Drainage Product RD-940 or a product of equal value.
3.30Contractor must divert at least 75 percent of all demolition waste to a recycling facility. The reuse of materials is considered an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager
3.31Prior to the issuance of a Certificate of Occupancy, the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved by the Environmental Conservation Manager.
3.32If during excavation, grading or construction, artifacts or other archaeological resources are discovered, 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 archaeology, 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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3.33The project shall comply with the following Mitigation Measures as identified in the Final Initial Study/Mitigated Negative Declaration 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 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.
2.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.
3.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 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 Cathedral Cove Center
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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.
4.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.
5.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.
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 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 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.
3.34Vehicular access 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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4.1The 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 attack, set aside, void, or annul the approval of this Planned Unit Development 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 shall promptly notify the Developer of any claim, action or proceeding and shall cooperate fully in the defense.
4.2This TPM shall expire two years after the City Council approval date, unless recorded or granted a time extension pursuant to Cathedral City Ordinance 659; Section 3; Paragraph 8.4(A).
4.3This TPM and any Final Parcel Map recorded there under, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (“the Subdivision Map Act”), and Cathedral City Ordinance No. 629, 659, 691 and 830.
4.4This TPM shall (and incorporate by reference) comply with all applicable 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 Conditions 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 of any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Engineering/Public Works and/or Director of Planning/Building shall determine precedence.
4.5All 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 Encroachment Permit.
4.6Prior 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 listed agencies. When the requirements include approval of improvement plans, the Applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
4.7If applicable, the Developer shall be responsible for completing all TPM approved Phase I Study recommendations, all City and Riverside County requirements and Riverside County Department of Environmental Health requirements. Proof of compliance shall be submitted to the City before issuance of Building Permits for the CUP.
4.8Coverage under the State of California Construction General Permit must be obtained by the Applicant, who then 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.
4.9Prior 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 Cathedral Cove Center
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Basin Regional Board Order No. R7-2013-0011 and the CRWQCB’s Order No. 2009-009-DWQ, Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.
A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Applicant (“Permitee”) shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the CRWQCB.
B. The Applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation.
C. Prior to the Applicant submitting the SWPPP to the CRWQCB, the Applicant shall submit a copy of the SWPPP to the Director of Engineering/Public Works for review.
D. The Applicant shall deliver a complete copy of the CRWQCB approved SWPPP to the Director of Engineering/Public Works prior to issuance of the Grading Permit for City records.
E. The Applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City.
F. The Applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”), but not limited to:
1) Temporary Soil Stabilization (erosion control).
2) Temporary Sediment Control.
3) Wind Erosion Control.
4) Track-Out Control.
5) Non-Storm Water Management.
6) Waste Management and Materials Pollution Control.
7) Retention and Infiltration Basins Management.
G. All erosion and sediment control BMPs proposed by the Applicant shall be approved by the Director of Engineering/Public Works.
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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.
4.10Erosion Control BMPs shall remain in effect for the entire duration of Project construction until all improvements are completed and accepted by the City.
4.11The Developer shall be responsible for blow sand, debris, trash, rubbish and deleterious material removal in all areas of the TPM’s driveways, parking lots, access aisles, and East Palm Canyon Drive, Van Fleet Street, D Street 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 aisles providing ingress and egress to and from all the TPM’s frontage roadways. The Developer shall include these responsibilities into a City approved routine maintenance schedule of the site for perpetuity and incorporate these into the TPM’s CC&Rs for all Parcels within each phase of the TPM, respectively.
4.12Approval of this TPM and Plans shall not be construed as approval for any horizontal dimensions implied by any Plans or exhibits unless specifically identified in the following Conditions of Approval.
4.13The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to prepare, review, negotiate and/or modify any documents or instruments required by these conditions and/or subsequent modification requests to these Conditions of Approval. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be material breach of the Conditions of Approval.
4.14The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual consultant’s fees incurred by the City for engineering, surveying and/or any other technical consultants to review and/or modify any documents or instruments required by these conditions and/or subsequent modification requests. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be material breach of the Conditions of Approval.
4.15The Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all actual costs incurred by the City for Engineering, Planning and/or Building Department reviews and/or modify any documents or instruments required by these conditions and/or subsequent modification requests. This obligation shall be paid in the time noted above without deduction or offset and Cathedral Cove Center
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Developer’s failure to make such payment shall be material breach of the Conditions of Approval.
PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS
4.16Prior to issuance of any COO within each phase, the Developer shall acquire or confer easements and other property rights necessary for the construction 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.
4.17Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed 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 Street frontage to assure a half street right of way width of 38 feet.
iii. On the Final Parcel Map, the Owner of Record shall dedicate additional right of way at the TPM’s East Palm Canyon 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 Record shall dedicate additional right of way at the TPM’s East Palm Canyon Drive and Allen Avenue corners to provide for Corner Cut-Backs per Riverside County (RC) Standard No. 805.
v. On the Final Parcel Map, the Owner of Record shall dedicate additional right of way at the TPM’s East Palm Canyon Drive and Date Palm Drive corners to provide for a Corner Cut-Backs per Riverside County (RC) Standard No. 805.
vi. On the Final Parcel Map, the Owner of Record shall dedicate additional right of way for the new 30-foot-wide driveway located approximately 80 Cathedral Cove Center
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feet east of Parcel 6’s west property line along the TPM’s East Palm 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 pedestrian access to Phase II – Residential; and, mutual access 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, Access and Maintenance 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 Record shall dedicate the proposed south extension of the Date Palm Drive/East Palm Canyon intersection for public street and public utility purposes, for a distance of approximately 100 ft south of East Palm Canyon Drive, in an alignment, 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, access ramps, and pavement. The TPM’s CC&Rs shall incorporate the ongoing maintenance and upkeep of the street improvements within the dedicated 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 conditionally Cathedral Cove Center
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vacated by the City by Vacation Case No. 2015-02, as detailed in City Council Resolution No. 2015-60, adopted on November 16, 2015.
The Developers of the Phase 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 meet 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 portions of streets or alley to be vacated.
Abandonment, relocation or undergrounding 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 the ongoing maintenance and upkeep of the street improvements 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 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 Street frontage to assure a half street right of way width of 38 feet.
ii. On the Final Parcel Map, the Owner of Record shall dedicate additional right of way at all the TPM’s Van Fleet Street and “D” Street frontage driveways to provide for Corner Cut-Backs per Riverside County (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 recordation 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 and geometric alignment as generally show on the TTM per Riverside County (RC) Standard No. 800(A) and as final approved by the City Fire Chief and Director of Engineering/Public Works. Vacation and completion of construction of the “D" Street cul-de-sac shall occur prior to the 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 Phase 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 Condition 4.26 and 4.27 against all the parcels in Phase 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 Phase II – Residential and Phase I for receiving break out stormwater, subject to the approval of the Director of Engineering/Public Works.
viii. The Property Owner of Record shall record the Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Covenant (as part of the WQMP) described in Condition 4.29.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 Resolution No. 2015-60, adopted on November 16, 2015.
The Developers of the Phase 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 meet 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 portions of streets or alley to be vacated.
Abandonment, relocation or undergrounding 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 Street frontage to assure a half street right of way width of 38 feet.
iii. On the Final Parcel 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 abutting 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 Parcel APN No. 687-207-004 access to a trash enclosure constructed by the Applicant for the property owner of APN No. 687-207-004 as part of this TPM at the location generally shown on the Plans. The trash enclosure will be located, designed, and constructed per Cathedral City 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 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 Resolution No. 2015-60, adopted on November 16, 2015.
The Developers of the Phase 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 meet 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 portions of streets or alley to be vacated.
Abandonment, relocation or undergrounding 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 shall incorporate the ongoing maintenance and upkeep of the street improvements 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 emergency 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, Access and Maintenance Covenant (as part of the WQMP) described in Condition 4.29.iv. against all the parcels in Phase II - Retail.
4.18The Developer shall retain for private use on this TPM all private street rights-of- way, parking lots, access ways, entry points, and rights-of-way in conformance with the City’s General Plan, Municipal Code, TPM and/or as required by the Director of Engineering/Public Works.
4.19The Developer shall design the onsite private parking lot and drive aisles pavement sections using Cal Trans’s design procedure for 20-year life pavement, and the site-specific data for soils strength and anticipated traffic loading (including construction traffic). 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 Cement Concrete (PCC): 5.0” PCC w/wire mesh/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.
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b. Apply striping, legends and signage over the entire parking lot and drive aisles.
Final striping, legend and signage layout shall be approved by the Director of Engineering/Public Works.
c. Parking lot lighting shall comply with the lighting, photometric, Building and/or Engineering Site Plans to the satisfaction of the Director of Planning/Building and Director of Engineering/Public Works.
4.20The Developer shall include on the following frontages:
a. Phase I:
i. East Palm Canyon Drive and Allen Avenue: 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 provide ingress and egress for the retail development.
2) Any modification to these driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drives, interior circulation routes, setbacks and other features generally shown on the TPM’s Plans, may require additional street widths as 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.
ii. East Palm Canyon Drive 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 these driveways will require the approval of the Director of Engineering/Public Works.
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3) The entry drives, interior circulation routes, setbacks and other features generally shown on the TPM’s Plans, may require additional street widths as 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 Phase 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 Canyon Drive approximately 80 feet east of Parcel 6’s west property line as generally shown on the TPM’s Plans: Construct one (1) approximately 30-foot-wide City Standard 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 these Conditions of Approval, shall provide ingress and egress for the Phase II - Retail development.
2) Any modification to these driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drives, interior circulation routes, setbacks and other features generally shown on the TPM’s Plans, may require additional street widths as 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.
ii. Van Fleet Street/A Street intersection: Construct one (1) 30-foot-wide Riverside County Standard Driveway Standard No. 207A driveway 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 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 egress for the retail development.
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2) Any modification to these driveways will require the approval of the Director of Engineering/Public Works.
3) The entry drives, interior circulation routes, setbacks and other features generally shown on the TPM’s Plans, may require additional street widths as 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.
4.21Curve 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.
4.22All 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.
4.23Install Type A-6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations, subject to the approval of the Director of Engineering/Public Works.
4.24Construct all roadways, parking lots, drive aisles, curbs and gutters, sidewalks and driveways to uniformly connect to existing adjacent public and/or private improvements within and adjacent TPM as shown on the Plans to the satisfaction of the Director of Engineering/Public Works.
4.25Construct all appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs to the satisfaction of the Director of Engineering/Public Works.
4.26Existing Decorative Street Lights:
a. Phase I:
i. The Developer shall coordinate and pay all cost necessary for the refurbishment, LED retrofit and re-installation of the below detailed City owned street lights; 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 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 and replacement costs, prior to the issuance of the first COO. The Developer shall execute a Street Light Covenant covering all Cathedral Cove Center
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the above, to be incorporated into the CC&Rs, and be reviewed and approved by the Director of Engineering/Public Works prior to recordation. 1) Remove, refresh with new purple coating, convert to LED, and reinstall the eight (8) existing decorative street lights along the Phase I East Palm Canyon Drive frontage from 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 approval by the Director of Engineering/Public Works prior to the issuance of the first COO.
B. Phase II – Retail
i. The Developer shall coordinate and pay all cost necessary for the refurbishment, LED retrofit 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 subsequent 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 into the CC&Rs, and be reviewed and approved by the Director of Engineering/Public Works prior to recordation. 1) Remove, refresh with new purple coating, convert 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 locations subject to approval by the Director of Engineering/Public Works prior to the issuance of the first COO.
4.27New Standard Street Lights:
a. Phase II - Residential:
i. The Developer shall coordinate and pay all cost necessary for the installation of the below detailed City and Southern 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 expenses, 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 and approved by the Director of Engineering/Public Works prior to recordation.
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1. Install three (3) 5,800 lumen shielded LED street lights along the Van Fleet Street frontage of the TPM, per City and SCE Standards, with the final locations 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 street lights along the “D” Street frontage of the TPM, per City and SCE Standards, with the final locations subject to approval by the Director of Engineering/Public Works prior to the issuance of the first COO. b. Phase II- Retail:
i. The Developer shall coordinate and pay all cost necessary for the installation of the below detailed City and Southern 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 expenses, 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 and approved by the Director of Engineering/Public 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 locations subject to approval by the Director of Engineering/Public Works prior to the issuance of the first COO.
4.28If applicable, the Developer of each phase shall coordinate and pay all cost necessary for the undergrounding and removal of all, and not limited to, aerial wires, power lines, telephone wires, cable lines, communication equipment, pole under burden and respective poles that are within this TPM, per CC Municipal Code 8.30.050, prior to the issuance of the first COO within each phase to the satisfaction of the Director of Engineering/Public Works.
4.29The 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 of the TPM, the Developer will design facilities to capture all onsite nuisance and stormwater, with breakout facilities, per Cathedral City Municipal Code requirements and other conditions specified herein to the satisfaction of the Director of Engineering/Public Works.
ii. The Developer of Phase I will install facilities during the TPM’s Phase I construction to temporarily either capture and/or pass-through all stormwater Cathedral Cove Center
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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 the Director of Engineering/Public Works. Phase I will be required to pass receive and/or pass through breakout stormwater from Phase II – Residential.
iii. The Developer of Phase 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 phase shall offer for dedication to the City those easements necessary for access to drainage facilities and basins, by separate instrument. The Developer of each phase required to execute a Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access 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.
4.30Dedications shall include additional widths as necessary for dedicated right and left turn lanes, deceleration and acceleration lanes, bus turnouts and other features that may be contained in the TPM’s Plans.
4.31When the Director of Engineering/Public Works determines that access rights to the proposed street rights-of-way shown on the TPM’s Plans are necessary prior to the approval of the Final Parcel Map dedicating such rights-of-way, the Developer shall grant the necessary rights-of-way within 60 days of a written request by the City.
4.32Where public facilities (e.g., sidewalks) are placed on privately owned setbacks, the Applicant shall offer for dedication blanket easements for those purposes by separate instrument prior to the issuance of the first COO.
4.33The 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.
4.34The Developer of each phase shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which, and not limited to, grading, wall construction, retaining wall construction, permanent slopes, street 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, wall construction, retaining wall construction, permanent slopes, street improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities Cathedral Cove Center
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performed by the Developer, will be restored to original and/or improved conditions subject to the prior review and approval of the Director of Engineering/Public Works and/or Director of Planning/Building.
4.35The Developer of each phase shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the TPM and the date of issuance of the first COO, unless such easement is approved by the Director of Engineering/Public Works.
4.36The Developer of each phase will coordinate all 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.
4.37Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Engineering/Public Works.
4.38All improvements will be subject to City requirements for inspection during construction.
4.39The City will conduct final inspections of structures only when the buildings have improved street and sidewalk access to streets, including ADA access. The improvements shall include required traffic control devices, pavement markings and street name signs.
4.40The Developer shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed TPM that may be affected by proposed improvements. Pursuant this condition, the Developer shall apply to the City for any street vacation request of public right-of-way and/or utility easements. The Developer must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and/or facilities as required by all affected utility purveyors over the public rights- of-way and/or utility easements, or as approved by the Director of Engineering/Public Works. Typically, the right-of-way vacation process is up to three (3) months.
PUBLIC IMPROVEMENTS
4.41The 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 Cathedral Cove Center, prepared by Urban Crossroads, dated April 8, 2022:
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Exception: The City shall be responsible for monitoring conditions at the offsite intersections of Cathedral Canyon Drive/Dinah Shore Drive and Date Palm Drive/Ramon Road and providing improvements to those intersections through its Capital Improvement Program and/or local, State or federal funding at such 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 north property line frontage along East Palm Canyon Drive abutting Parcel 6’s east property 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 improvements will be completed 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 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. The location of the south curb line shall be a minimum of 47 feet south of the East Palm Canyon Drive
centerline of improvements as generally shown on the
TPM’s Plans.
c. From Parcel 5’ west property line to the Allen Avenue driveway entrance construct and/or replace:
i. A minimum 8 to 16 feet wide sidewalk to provide
smooth transition and connectively west and east in
accordance with ADA and RC Standards 401 or 404
as generally shown on the TPM’s Plans to the
satisfaction of the Director of Engineering/Public
Works.
ii. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
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sidewalk, a.c., ADA ramps, traffic 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.
d. Fronting Parcel 5 remove:
i. The existing eastbound to southbound deceleration
lane island at East Palm Canyon Drive and Allen
Avenue and remove all landscaping, electrical, storm
drain, traffic signal 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 are salvageable and subject to
refurbishment may be relocated if approved prior by
the Director of Engineering/Public Works.
e. From the Allen Avenue driveway entrance east
approximately 430 feet along the frontages of Parcels 4, 3 and 2 construct:
i. New curb, gutter and a.c. as part of street widening to connect to existing curb, gutter and a.c. within and
east of Parcel 2 with a smooth taper transition
designed and constructed as generally shown on the
TPM’s Plans to the satisfaction of the Director of
Engineering/Public Works.
f. From the Allen Avenue driveway entrance to the Date Palm 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 the TPM’s Plans to the
satisfaction of the Director of Engineering/Public
Works.
ii. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic control striping,
legends, LED 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 Date Palm entrance to the east TPM limits
including the east property line of APN 674-500-038
construct/modify and/or repair:
i. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic 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.
h. In all areas where new curb and gutter is constructed as part of street widening and as generally 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 the Director 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 Director of Engineering/Public Works to create
and/or maintain a 2% crossfall to the adjacent curb
and gutter and the extent of the grind and overlay
meeting these requirements shall be identified on the
Civil Engineering Street Plans.
i. Along the entire East Palm Canyon 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 all lanes, crosswalks and turning pockets, including legends as generally shown on the TPM’s
Plans to the satisfaction of the Director of
Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing adjacent improvements east and
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west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. East Palm Canyon Drive frontage will be designated
as “No Stopping” with signs posted as approved 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 current 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 intersection fully
functional adhering to current CA traffic safety and
ADA standards to the satisfaction of 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 call buttons as approve by 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 east, west, south and north pedestrian
crosswalks and turn pockets to the satisfaction of the
Director of Engineering/Public Works.
vi. Construct and/or reconstruct ADA pedestrian
sidewalk ramps on the south 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 current 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/Date
Palm Drive intersection to make the intersection fully
functional adhering to current CA traffic safety and
ADA standards to the satisfaction of 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 call 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 all related equipment and appurtenances.
vi. Construct a minimum 160-foot left lane turn pocket at the east side of East Palm Canyon Drive intersection
for west bound traffic to turn left/southbound to enter the TPM’s Date Palm Drive entrance.
1. Left turn pocket design and construction will
require the removal, relocation and restoration
of the existing median artwork, signage and
lighting system as approved by the Director of
Engineering/Public Works.
vii. Restripe east, west, south and north pedestrian
crosswalks and turn pockets to the satisfaction of the
Director of Engineering/Public Works.
viii. Construct and/or reconstruct ADA pedestrian
sidewalk ramps on the south side of the East Palm
Canyon Drive/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 private
improvements of the TPM.
5. Date Palm Drive is a public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. Date Palm Drive is a public roadway and is designated as an Arterial Highway with a 126 ft. right of way (half street right of way is 63 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 assumed by the Applicant under a Maintenance
Performance Agreement.
ii. Restripe all lanes, crosswalks and turning pockets, 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 uniformly connect to existing adjacent improvements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic 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.
ii. Phase II - Residential
1. Phase II - Residential improvements for the purposes of these 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 bank, abutting and north of “D” Street and abutting and west of Van Fleet Street.
2. All Phase II - Residential improvements will be completed by the Developer of Phase II - Residential prior to the issuance of the first COO of Phase II - Residential and linked to the completion of the East Palm Canyon Drive frontage and East Palm Canyon
Drive/Van Fleet Street intersection improvements within Phase II - Retail. Further, upon the completion of the purchase and/or sale of Parcel 9, the Developer of Phase 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 intersection 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 identified in Phase II - Residential are Cathedral Cove Center
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required to be submitted 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 shown on the Plans and per these Conditions of Approval shall include the following (to be completed in conjunction with the Phase II – Residential construction):
a. “D” Street is a public roadway and is designated as a residential roadway with a 50 foot right of way (north from centerline is 30 feet and south from centerline is 20 feet). b. Street measured curb 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 replaced with new curb, gutter,
sidewalk and a.c. improvements as required for a
reduced configuration size, shape and geometric
alignment matching Riverside County (RC) Standard
No. 800(A) to be shown on the TPM Plans as final
approved by the City Fire Chief and Director of
Engineering/Public Works.
d. Along the TPM’s “D” Street Phase II frontage replace, rehabilitate and/or modify:
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 all lanes, crosswalks and turning pockets, 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 uniformly connect to existing adjacent 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 roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic 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 these Conditions of Approval shall include the following (to be completed in conjunction with the Phase 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 Street Phase III frontage, rehabilitate and/or modify:
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 all lanes, crosswalks and turning pockets, 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 uniformly connect to existing adjacent 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 roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic 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 the issuance of a Grading Permit.
iii. Phase II - Retail
1. Phase II - Retail public improvements for the purposes of these Conditions of Approval 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 issuance of the first COO of Phase II - Retail.
Refer to Phase II - Residential Conditions of Approval 4.43.A.ii.2) for completion of the East Palm 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 Drive - Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a. East Palm Canyon 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. The location of the south curb line shall be a minimum of 47 feet south of the East Palm Canyon Drive
centerline of improvements as generally 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 street widening to connect to existing sidewalk, curb, gutter
and a.c. east of Parcel 7’s east property line, including and additional interim concrete taper transition 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 east to the western portion of Parcel 5 construct:
i. New sidewalk, curb, gutter and a.c. as part of street widening to connect to 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 new 30-foot-wide City Standard 200-B driveway
approximately 80 feet east of Parcel 6’s west property
line as generally shown on the 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 street widening and to be 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 the Director 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 Director of Engineering/Public Works to create
and/or maintain a 2% crossfall to the adjacent curb
and gutter and the extent of the grind and overlay
meeting these requirements shall be identified on the
Civil Engineering Street Plans.
f. Along the entire East Palm Canyon frontage of Phase II - Retail:
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 all lanes, crosswalks and turning pockets, including legends as generally shown on the TPM’s
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Plans to the satisfaction of the Director of
Engineering/Public Works.
iii. Construct all street, curb and gutter to uniformly connect to existing adjacent improvements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. East Palm Canyon Drive frontage will be designated
as “No Stopping” with signs posted as approved 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 current 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/Van
Fleet Street intersection to make the intersection fully functional adhering to current CA traffic safety and
ADA standards to the satisfaction of 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 call 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. Restripe east, west, south and north pedestrian
crosswalks and turn pockets to the satisfaction of the
Director of Engineering/Public Works.
vi. Construct and/or reconstruct ADA pedestrian
sidewalk ramps on the south 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.
5. Van Fleet Street – A public roadway as shown on the Plans and 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 Street Phase II - Retail frontage, rehabilitate and/or modify:
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 all lanes, crosswalks and turning pockets, 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 uniformly connect to existing adjacent improvements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic control striping,
legends, LED traffic control signs and street name
signs to the satisfaction of the 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 intersection (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 on the Plans
to the satisfaction 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 roadway with right of way that varies from 40 to 45 feet and is 200 feet in length.
b. Street measured curb to curb 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 the
ongoing maintenance and upkeep of the street
improvements 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.
ii. Restripe all lanes, crosswalks and turning pockets, 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 uniformly connect to existing adjacent improvements east and
west of the TPM to the satisfaction of the Director of
Engineering/Public Works.
iv. Non-compliant and/or broken roadway and parkway
components such as, and not limited to: curb, gutter,
sidewalk, a.c., ADA ramps, traffic control striping,
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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 the issuance of a Grading Permit.
4.42Coordinate all public and private roadway improvements and driveway transitions with the adjacent property owner and coordinate relocation of fire hydrants, water meters, storm drains, and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.43Streets shall have A-6 or A-8 curbs per County of Riverside (RC) Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations.
4.44Construct all concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.
4.45Construct all appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.
4.46The Developer shall design street pavement sections using Cal Trans’s design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). 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
4.47The Developer will cooperate with all adjacent developers and property owners to assure that drainage, access and roadway designs are constructed to assure that all adjacent public works infrastructure is constructed in a uniform manner as approved by the Director of Engineering/Public Works.
4.48Curve Radii for curbs at all street intersections shall not be less than 35 feet or matching opposing approved corner curve radii or as approved by the Director of Engineering/Public Works.
4.49Right-of-Way geometry for property line corner cut-backs at curb returns shall conform to RC Standard Drawing No. 805 unless otherwise approved by the Director of Engineering/Public Works.
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4.50The Developer will remove all existing landscaping, monuments and/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 with this TPM and to be shown on the Civil Engineering Plans for each phase.
4.51The Developer will coordinate all public and 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.
4.52The Developer shall construct all street, curb and gutter to uniformly 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 the Director of Engineering/Public Works prior to the issuance of the first COO of each phase.
4.53Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Engineering/Public Works.
4.54All public and private improvements shall be subject to City requirements for inspection during construction.
4.55The City will conduct final inspections of structures only when the buildings have improved street and sidewalk access to publicly maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as “engineer,”’ “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California.
4.56Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with all requirements of the City of Cathedral City.
4.57The following improvement plans shall be prepared and submitted for review by the Engineering Department. A separate set of plans for each line item specified below, for each phase, shall be prepared. The plans shall utilize the minimum scale specified, unless authorized by the Director of Engineering/Public Works.
Plans may be prepared at larger scale if additional detail or plan clarity is desired.
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NOTE: The Developer may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors.
NOTE: All Plans will be prepared by a Civil Engineer licensed to practice their profession in the State of California.
A. On-Site 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 normally include perimeter wall with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
E. 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 street improvement plans shall show 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 Profile Street Plans and Signing and Striping plans shall show all existing improvements for a distance of at least 200-feet beyond the project limits, or a distance sufficient to show any required design transitions.
All Signing and Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (RPMs) (including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plans and/or as approved by the Director of Engineering/Public Works.
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4.58The Developer shall furnish accurate Mylars of all improvement plans to the Director of Engineering/Public Works for approval. The improvement plans shall be of a scale approved by the Director of Engineering/Public Works.
4.59The Developer shall furnish a copy of all approved improvement plans on an electronic storage media acceptable to the Director of Engineering/Public Works.
4.60Upon completion of construction and prior to final acceptance of the improvements by the City, the Developer shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The Developer shall have all approved Mylars previously submitted to the City, revised to reflect the as-built conditions. The Developer shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing “As Built”. However, if subsequent approved revisions have been approved by the Director of Engineering/Public Works and reflect said “As Built” conditions, the EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
4.61Prior to approval of the Final Parcel Map (FPM) and prior to the issuance of the first COO the Developer shall construct and dedicate all on and off-site improvements and satisfy its obligations for same or shall furnish a fully secured and executed Public Works Completion Agreement guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City.
4.62A Public Works Completion Agreement is required prior to issuance of an Encroachment Permit or Building Permit, whichever is issued first. The Public Works Completion Agreement will be entered into by and between the Developer and the City of Cathedral City, for the purpose of guaranteeing the completion of the public improvements related to this TPM and shall comply with all 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.
4.63Prior to FPM approval the Developer shall submit for review and City approval Covenants, Conditions and Restrictions (CC&Rs) for the future maintenance and upkeep of (and not limited to) street lighting (Street Light Covenant), landscaping Cathedral Cove Center
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improvements, hardscape improvements, retention basin improvements and TPM permanent site BMP appurtenances (Water Quality Management Plan Covenant).
Once approved by the City, Developer shall record the CC&Rs.
4.64The Developer shall submit applicable deposits for the cost of reviewing the applicable Public Works Completion Agreement(s), Drainage Covenant, 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.
4.65Improvements 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, landscaping and gates) shall be constructed, or secured through a Public Works Completion Agreement, prior to FPM approval or as otherwise approved by the Director of Engineering/Public Works.
Improvements and obligations required of each subsequent phase shall be either complete, or secured through a Subdivision Agreement, prior to the 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 its obligations for the TPM in a timely manner, pursuant the approved Phasing Plan, the City shall have the right to halt issuance of permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements.
4.66Depending on the timing of the development of this TPM, and the status of the improvements at the time, the Developer may be required to:
A. Construct certain improvements.
B. Construct additional improvements, subject to the reimbursement of its cost by others.
C. Reimburse others for those improvements previously constructed 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 improvements required for this development are constructed by the City, the Developer shall, prior to the approval of the FPM 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, the Developer shall submit detailed construction cost estimates for all proposed improvements for each phase, including an estimate for the final survey monumentation, for checking and approval by the Director of Engineering/Public Works. Such estimates shall conform to the unit costs schedule as approved by the Director of Engineering/Public Works.
At the time the Developer submits its detailed construction cost estimates 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 improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the Developer’s detailed cost estimates.
Security will not be required for telephone, natural gas, or Cable T.V. improvements.
4.67The Developer shall provide security to guarantee the final monumentation of this TPM. All securities for final survey monumentation will be in the form of 100% cash deposits.
GRADING
4.68The Developer shall comply with all the provisions of Cathedral City Municipal Codes and Ordinances.
4.69The Developer shall obtain a Grading Permit approved by the Director of Engineering/Public Works prior to initiating any construction or on the TPM site.
4.70To obtain an approved Grading Permit, the Developer shall submit and obtain approval of all of the following:
A. A Grading Plan prepared by a civil engineer registered in the State of California,
B. A preliminary geotechnical (“Soils”) Report prepared by a professional registered in the State of California,
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C. A Fugitive Dust Control Plan prepared in accordance with City of Cathedral City requirements,
D. An Erosion Control Plan prepared in accordance with City of Cathedral City requirements,
E. A Best Management Practices report prepared in accordance with Cathedral City requirements (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls),
F. A WQMP prepared by an authorized professional registered in the State of California, and
G. If applicable, a Conditional Letter of Map Revision – Fill (CLOMR-F) issued by the Federal Emergency Management Agency (FEMA). If the Applicant is not securing a CLOMR the Applicant must verify that the entire Project limits are outside a FEMA designated Flood Hazard Area and/or Area of Flood Hazard Risk as designated by the latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.
4.71All grading shall conform with the recommendations contained in the Preliminary Soils Report, Phase 1 Environmental Assessment report and shall be certified as being adequate by the soils engineer, or engineering geologist registered it the State of California.
4.72A 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.
4.73The Developer shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a Grading Permit.
Additionally, the Developer shall replenish said security if expended by the City of Cathedral City to comply with the Fugitive Dust Control Plan as required by the Director of Engineering/Public Works.
4.74The Developer shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.
4.75Grading within the parkway areas shall conform to Cathedral City requirements except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the back slope (i.e., the slope at the back of the landscaped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to Cathedral Cove Center
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the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.
4.76Building pad elevations on the Rough or Precise Grading Plan submitted for Director of Engineering/Public Works’ approval shall conform to the pad elevations shown on the improvement plans, unless the pad elevations have other requirements imposed elsewhere in the Conditions of Approval.
4.77Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. The Developer shall minimize the differences in elevation between the adjoining properties and this Project.
4.78Prior to any site grading or re-grading that will raise any portion of the site by more than plus or minus half of a foot (0.5’) from the elevation shown on the approved Grading Plans, the Developer shall submit the proposed grading changes to the Director of Engineering/Public Works for a substantial conformance review.
4.79Prior to the issuance of a Building Permit for any building, the Developer shall provide a parcel Pad Certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved Grading Plan, the actual pad elevation and the difference between the two, if any.
Such Pad Certification shall also list the relative compaction of the pad soil. The data shall be organized by parcel number and listed cumulatively if submitted at different times.
4.80This FPM shall comply with the Cathedral City Floodplain Management Ordinance.
If any portion of any proposed building parcel in the FPM is or may be located within a Flood Hazard Area as identified on the City’s Flood Insurance Rate Maps (FIRM Maps), the development shall be graded to ensure that all floors and exterior fill (at the foundation) are above the level of the project (100-year) flood and building pads are compacted to 95% Proctor Density as required in Title 44 of the Code of Federal Regulations, Section 645.5(a) (6). Prior to issuance of building permits for parcels which are so located, the Applicant shall furnish Elevation Certifications, as required by FEMA, that the above conditions have been met.
DRAINAGE
4.81Stormwater handling shall conform to the approved Hydrology and Drainage Report for the TPM. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.
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4.82Incremental increases in stormwater and nuisance water (drainage) shall be retained on site and shall be disposed of in an approved manner. Nuisance water shall be disposed of via on-site storm drains, new and existing catch basins, underground percolation piping chambers, dry wells and retention basin(s) as approved by the Director of Engineering/Public Works.
4.83All drainage water shall be conveyed underground to the satisfaction of the Director of Engineering/Public Works.
4.84Storm water drainage historically received from adjoining properties shall be received and retained and/or passed though into the historic downstream drainage relief route.
4.85The Developer shall comply with applicable provisions for post construction runoff per the City’s NPDES Stormwater Discharge Permit; Riverside County Ordinance No. 457; the Californian Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Regional Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-009-DWQ, Order No. 2010- 0014-DWQ and Order No. 2012-0006-DWQ.
A. For post-construction, urban runoff from New Development and Redevelopment Projects, the Developer shall implement requirements of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as require by the California Regional Water Quality Control Board – Colorado River Basin (CWQRCB- CRB) Region Board Order No. R7-2013-0011.
B. The Developer shall implement the WQMP Design Standards per (CRWQCB- CRB) Region Board Order No. R7-2013-0011 utilizing BMPS approved by the Director of Engineering/Public Works.
UTILITIES
4.86The Developer shall obtain the approval of the Director of Engineering/Public Works for the location of all utility lines within any right-of-way, and all above- ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water valves, and telephone stands, to ensure optimum placement for practical, ADA and aesthetic purposes.
4.87Any existing overhead utility lines and overhead under-burden within, or adjacent to the proposed development, and all proposed utilities shall be installed underground per the utility purveyor standards and as approved by the Director of Engineering/Public Works.
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4.88All proposed new utilities shall be installed underground per the utility purveyor standards and as approved by the Director of Engineering/Public Works.
4.89Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the Developer shall comply with trench restoration requirements required by the Director of Engineering/Public Works.
4.90The Developer shall provide certified reports of all utility trench compaction for approval by the Director of Engineering/Public Works.
4.91All 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 standards. The Developer shall pay to the City and DWA all applicable sewer and water service charges, capacity charges and construction reimbursements to ensure all services are complete, in place and operational prior to the respective COO being issued.
4.92The 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 facilities that are required by all utility purveyors prior to issuance of the first building permit or as approved by the Director 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 herein, these conditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction. Please contact the City of Cathedral City Fire Department for any questions regarding 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 Regulations are shown as CCR.
AGENCY APPROVALS
5.1The 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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5.2This 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
5.3A Fire lane of twenty feet of unobstructed width is required throughout the development. Fire lanes shall be designed and maintained with a vertical clearance of 13 feet, 6 inches.
5.4Fire lanes shall be constructed per CFC Section 503.
5.5"No Parking - Fire Lane" signs, red curbing, street signs and/or other required markings shall be provided to the specifications of the Cathedral City Fire Department in accordance with the CFC, Section 503.3 and California Vehicle Code Section 22500.1.
FIRE PROTECTION
5.6Fire service water supply shall be provided per CFC, Section 507.
5.7Automatic Fire Suppression systems shall be provided in all Group A occupancies, and where required per CFC, Chapter 9, and Cathedral City Fire Dept.
Development Guidelines.
MISCELLANEOUS
5.8Future 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
6.1The 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
6.2Automatic 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 Cathedral Cove Center
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type of system shall be based upon the requirements of the Building and Fire Codes and the requirements of the Cathedral City Fire Department.
6.3The requirements of 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.
6.4Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code.
6.5All perimeter/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 outer/exterior face of the wall shall be within two (2) inches of the lot line.
Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances.
6.6All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non-conforming with the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code.
6.7The Parcel map shall be recorded prior to the issuance of any permits.
6.8All signs shall be Underwriters Laboratories approved, or equal.
6.9Permits are required prior to the removal and/or demolition of an structures.
6.10In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for occupancies involving foods and beverages.
6.11All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
6.12The 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
6.13A Construction Waste Management Plan (CWMP) will be required at time of plan check submittal.
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6.14Separate permits will be issued 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.
6.15For more information related to Building & Safety, please visit our website at https://www.cathedralcity.gov/services/building-and-safety.
Approved for Planning Entitlements by the Cathedral City City Council on September 28, 2022.
Attest:
___________________________ ___________________________ Robert Rodriguez Applicant
Director of Planning/Building