CITY OF CATHEDRAL CITY
PLANNING COMMISSION
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 23-003
DESERT KUSH
67455 EAST PALM CANYON DRIVE
(ASSESSOR’S PARCEL NUMBER 681-300-005)
DATE APPROVED: FEBRUARY 14, 2024
EXPIRATION DATE: FEBRUARY 14, 2026
SECTION 1 ADMINISTRATIVE CONDITIONS
1.1Approval of the cannabis business (dispensary site) within an existing commercial building is preliminary only. All final working drawings for tenant improvements, if any, shall be submitted to and approved by the Planning and Building Departments prior to issuance of building permits. The development of the property shall conform substantially to the following conditions of approval.
1.2The plans approved by the 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 Development Services Director and/or the City Engineer prior to approval of the construction drawings.
1.3This approval shall be valid for two years from date of approval, unless extended, pursuant to the Cathedral City Municipal Code.
1.4No Certificate of Occupancy shall be granted until all conditions of approval have been satisfied and approved by the Development Services Director, City Engineer, Chief Building Official, and Fire Chief unless otherwise identified herein.
1.5The development of the site shall conform to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code taking effect prior to issuance of any building permits.
1.6All approved structures, landscaping, and on- and off-site public improvements shall be maintained in a condition that substantially complies with this approval.
1.7A copy of all pages of these conditions shall be included in the construction drawing package.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
SECTION 2 FEES
2.1The Applicant shall pay all applicable City of Cathedral City fees, charges and other costs as prescribed by City Ordinance, including development impact fees.
Be advised that the fees may change at the time they become due and payable, as permitted by applicable law.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such protest must be in a manner that complies with Section 66020(a), and failure to follow this procedure in a timely manner 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.
SECTION 3 PLANNING
3.1The applicant shall submit a Final Landscape Plan to the Planning Department for review and approval, prior to the issuance of Certificate of Occupancy and to the satisfaction of the Planning Department.
3.2All mechanical equipment, either roof or ground mounted, and shall be screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall architecturally match the building. If after construction, but prior to the issuance of a Certificate of Occupancy, it is determined by the Planning Department 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.
3.3Signage is not a part of this approval and shall require a separate Sign Permit.
3.4All lighting on site shall comply with Chapter 9.89 of the Municipal Code relative to outdoor lighting including fixtures that direct lighting downward.
3.5Any and all window and door security devices such as metal bars, gates and shutters shall be installed within the interior of the building and screened from the public street to the satisfaction of the Development Services Director.
3.6The applicant shall comply with all applicable provisions of the Cathedral City Municipal Code (CCMC) relating to cannabis businesses, including but not limited to the provisions of Chapters 3.48, 5.88 and 9.108, and the Cannabis Administrative Rules, as they may be amended from time to time.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
3.7The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside the Cannabis Business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment or any other equipment which the Local Licensing Authority determines has the same or better effectiveness:
1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
2. An air system that creates negative air pressure between the Cannabis Businesses’ interior and exterior so that the odors generated inside the Cannabis Business are not detectable outside the Cannabis Business.
3.8The Applicant or its legal representative shall execute an agreement indemnifying and holding the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of federal law associated with the operation of the Cannabis Business. This Agreement must be executed as a prerequisite and prior to the issuance of the Certificate of Occupancy.
3.9The Applicant or its legal representative shall maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the Local Licensing Authority. Evidence of such insurance must be satisfied as a prerequisite to and prior to the issuance of the Certificate of Occupancy.
3.10The Applicant or its legal representative shall name the City as an additionally insured and certificate holder on all City-required insurance policies. Evidence of such insurance must be satisfied as a prerequisite to and prior to the issuance of the Certificate of Occupancy.
3.11The Applicant or its legal representative shall agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of the Local License, Conditional Use Permit or the operation of the Cannabis Business.
3.12The Applicant or its legal representative shall agree to reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or federal enforcement action) related to the City’s approval of a Conditional Use Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
3.13The Cannabis Business as well as all operations as conducted therein shall comply with all applicable building, electrical, zoning and fire codes, accessibility Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
requirements of the Americans with Disabilities Act, and all relevant City and State Law.
3.14The Cannabis Business shall comply with and meet all operating criteria required pursuant to State Laws, Chapter 5.88 of the CCMC, any other provisions of the CCMC, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the Conditional Use Permit.
3.15Operation of the Cannabis Business in non-compliance with any conditions of approval or the provisions of Chapter 9.108, Chapter 5.88 or Chapter 9.72 shall constitute a violation of the CCMC and shall be enforced pursuant to the provisions of the CCMC.
3.16Police Department approval of all security features is required prior to the issuance of a Certificate of Occupancy and/or operation of the cannabis business.
3.17All windows on the building that houses the Cannabis Facility shall be appropriately secured and all marijuana securely stored.
3.18The cannabis business shall comply with the City’s lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
3.19The cannabis business and all equipment used in the conduct of the business, must be operated in compliance with all applicable state and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the business’ state and local licenses.
3.20The building in which the cannabis facility is located as well as all operations as conducted therein, shall fully comply with all applicable rules, regulations, and laws including, but not limited to, zoning and building codes, Chapter 3.28 of the CCMC requiring application and issuance of a business license, the Revenue and Taxation Code, the Americans with Disabilities Act, and all applicable Federal, State and Local mandates.
3.21The applicant shall fully comply with and meet all operating criteria required pursuant to State Laws, the provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as these conditions of approval, in order to ensure that the operation of the facility is consistent with the protection of the health, safety, and welfare of the community.
3.22Project shall comply with the most recently adopted version of the California Building Standards Code (Title 24, California Code of Regulations) in effect in Cathedral City and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security
3.23The development of the site shall conform to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code.
3.24The Applicant, and/or assignees, shall be responsible for blowsand, dust, debris, trash, rubbish, weeds and deleterious material removal in all areas of the Project and Project frontages, including gutter pans, sidewalks, parkways, right of way, private streets, parking lots, drive aisles and all interior areas during construction and after Occupancy Permits are issued. The Applicant, and/or assignees, shall record a City Approved Maintenance Covenant and/or Covenants, Conditions and Restrictions (CC & Rs) over the entire property that guarantees for perpetuity the immediate removal of blowsand, dust, debris, trash, rubbish, weeds and all deleterious material, and further ensures that the Project will be maintained in a blowsand, dust, debris, trash, rubbish, weeds and deleterious material free condition per the approved Plans and Conditions of Approval.
3.25The applicant shall fully comply with and meet all operating criteria required pursuant to State Laws, the provisions of this Code, and any specific, additional operating procedures and measures as may be imposed as these conditions of approval, in order to ensure that the operation of the facility is consistent with the protection of the health, safety, and welfare of the community.
3.26The Applicant shall provide the employees with the name and location and phone number of the nearest facility to be used in an emergency.
3.27The Applicant shall post the emergency phone number 9-1-1, for the Cathedral City Fire Department, at the facility.
3.28All cultivation of cannabis shall occur in an enclosed locked structure. (Deleted by the Planning Commission on December 6, 2023)
3.29The Applicant shall provide a plan and proof of coordination with the Regional Water and Waste Water treatment provider to determine appropriate pretreatment procedures, if any, required for industrial effluent from the facility. (Deleted by the Planning Commission on December 6, 2023)
3.30The Applicant shall develop and implement an Occupational Health and Safety Administration (OSHA) Hazard Communication Program training program including proper site placarding, record keeping, and emergency notification and reporting procedures.
3.31The Applicant shall prepare, implement and make available a written Hazardous Materials Management Plan to include a listing of all hazardous products, chemicals, fertilizers, herbicides, pesticides, lubricants, flammable liquids, bleaches, cleaning supplies, aerosols, etc. that will be stored, or in use on the site and the related Material Data Safety Sheets (MSDS). Ensure safe and Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
proper storage of chemicals and products in accordance with all applicable local, state and federal laws. Insure that when handling hazardous materials use of appropriate personal protective equipment (PPE) is available and used properly.
A copy of the Hazardous Materials Management Plan shall be subject to review and approval by the Director.
3.32The Applicant shall provide the names and phone numbers for after hours and weekend contact of responsible parties, who can respond to the facility in the event of a fire or hazardous materials incident and prepare a response plan to address spills and releases of hazardous materials.
3.33The Applicant shall provide the employees with the name and emergency phone number for the nearest private Hazardous Material Response Company, to clean-up and dispose of spilled hazardous product or waste at the facility.
3.34The Applicant shall update the Hazardous Material Management Plan annually and more frequently if changes in personnel, products or equipment significantly alter the threat to human health or the environment. All such changes are subject to review and approval by the Director.
3.35The Applicant shall fully comply with the Environmental Plan and Emergency Response Plan submitted with their application and shall update such plans annually and more frequently if determined to be appropriate by the Director. All such changes are subject to review and approval by the Director.
3.36The development of the site shall conform to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code.
3.37The facility may require a business emergency plan for the storage of hazardous materials greater than 55 gallons, 200 cubic feet, of 500 pounds, or any acutely hazardous materials or extremely hazardous substances, and shall obtain the necessary permits and/or clearances from the County of Riverside Department of Environmental Health. (Deleted by the Planning Commission on December 6, 2023)
3.38Cannabis activities shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized pursuant to the conditional use permit.
3.39The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.
3.40All facility window arrays, doors and associated framing systems shall be renovated to install new glazing compounds and seals.
3.41The Applicant shall install automatic closures on all interior and exterior Cultivation Dispensary facility doors. (Revised by the Planning Commission on December 6, 2023)
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
3.42All dispensary related interior and exterior door seals shall be replaced and adjusted.
3.43The Applicant shall seal and renovate all of the Dispensary facility’s roll up doors, garage doors and associated systems.
3.44All roof venting, wall penetrations, panel joints etc. shall be sealed.
3.45The Applicant shall install Air Curtains on all exterior doors. (Deleted by the Planning Commission on December 6, 2023)
3.46The Applicant shall place anti-door anti-odor gels and diffusers near all Dispensary exterior doors and windows. (Revised by the Planning Commission on December 6, 2023)
3.47If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the licensed premises or where required by the fire department official. (Deleted by the Planning Commission on December 6, 2023)
3.48The Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the Cathedral City Municipal Code.
Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required.
Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials).
Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57. (Deleted by the Planning Commission on December 6, 2023)
3.49Comply with the 50% shading requirement of the parking lot to the satisfaction of the Director of Development Services. (Added by the Planning Commission on December 6, 2023).
SECTION 4 ENGINEERING / PUBLIC WORKS
4.1The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit No. 23-003 (CUP) and corresponding Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The City shall promptly Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
notify the Applicant of any claim, action or proceeding and shall cooperate fully in the defense.
4.2This CUP shall expire two years after the City Planning Commission approval date, unless recorded or granted a time extension pursuant to Cathedral City Ordinance 659; Section 3; Paragraph 8.4(A).
4.3This CUP shall comply with all applicable terms, conditions and/or mitigation measures for the following approvals:
A. CUP No. 23-003.
B. Planned Community Commercial (PCC) zoning.
C. Cathedral City Design Guidelines.
D. Cathedral City Water Conservation Policies and Rules.
E. Cathedral City Municipal Codes and Ordinances.
In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Public Works and/or Director of Development Services shall determine precedence.
4.4All conditions herein shall be met prior to the Engineering and/or Encroachment Permits issuance for the CUP and Plans or as specifically modified by item as linked to a Certificate of Occupancy (COO) issuance and/or time limit from the date of issuance of the Engineering Permit.
4.5Prior to issuance of any Grading, Encroachment or Building permit by the City, the Applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:
A. City of Cathedral City Fire Marshal.
B. Cathedral City Public Works Department - Engineering Division.
C. Cathedral City Development Services Department – Planning and Building Divisions.
D. Riverside County Environmental Health Department.
E. Palm Springs Unified School District.
F. Desert Water Agency (DWA).
G. Southern California Edison (SCE).
H. Frontier Communications.
I. Spectrum Cable (TW).
J. California Regional Water Quality Control Board (CRWQCB).
K. State Water Resources Control Board.
L. Sunline Transit Agency (SunLine).
M. South Coast Air Quality Management District – Coachella Valley (SCAQMD).
N. Riverside County Flood Control District (RCFCD)
The Applicant is responsible for all the requirements of the permits and/or Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
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.
4.6If applicable, the Applicant shall be responsible for completing all CUP approved Phase I Study recommendations, all City and Riverside County requirements and Riverside County Department of Environmental Health requirements. Proof of compliance shall be submitted to the City before issuance of Building Permits for the CUP.
4.7CUP approved erosion control Best Management Practices (BMPs) shall remain in effect for the entire duration of CUP construction until all improvements are completed and accepted by the City.
4.8The Applicant shall be responsible for blow sand, debris, trash, rubbish and deleterious material removal in all areas of the CUP’s East Palm Canyon Drive frontage, including gutter pans, sidewalks, parkways, right-of-way and all driveway areas. Responsibilities also include right-of-way, retention basins/structures, parking lots, drive aisles, and all other interior areas, including within the walled areas or outside the walled areas of the CUP. The Property Owner of Record shall include these responsibilities into the daily maintenance of the site for perpetuity and record a Maintenance Covenant on APN No. 681-300-005, subsequent to the Covenant’s review and approval by the Director of Public Works.
4.9Approval of this CUP and Plans shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following Conditions of Approval.
4.10The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to prepare, review, negotiate and/or modify any documents or 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 Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
4.11The Applicant 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 Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.12The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all actual costs incurred by the City for Engineering, Planning and/or Building Department reviews and/or modify any documents or instruments required by these conditions and/or subsequent modification requests. This obligation shall be paid in the time noted above without deduction or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS
4.13Prior to issuance of any permit(s), the Applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed CUP. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements.
4.14Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed CUP not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of all phases of the development.
Specifically:
i. The Property Owner of Record will dedicate an additional 8 feet of right of way to the City along the East Palm Canyon frontage to assure a half street right of way width of 63 feet.
ii. The Property Owner of Record will record the Maintenance Covenant described in Condition 4.8 against CUP APN No. 681-300-005. iii. The Property Owner of Record of APN No. 681-300-005 shall adhere to the existing recorded Declaration of Reciprocal Easements (Doc # 2007- 0495236 07-31-2007) with easterly abutting/adjacent APNs 681-300-026 and 681-300-027) for reciprocal access (ingress and egress both vehicles and pedestrians), right of way, drainage, and purposes consistent with commercial development.
iv. The Property Owner of Record of APN No. 681-300-005 shall offer, and record upon acceptance, a mutual and reciprocal access easement for abutting/adjacent westerly APN 681-300-031.
v. The Property Owner of Record of APN No. 681-300-005 shall offer, and record upon acceptance, a drainage easement to abutting/adjacent westerly APN 681-300-031.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.15This area currently does not have public sewer facilities within the right-of-way.
This CUP will be allowed to maintain the existing septic system in the interim of those facilities being available. Once public sewer facilities are made available within 200 ft. of this CUP, this CUP will be subject to all requirements stipulated in Municipal Code 8.50.
Furthermore, if this area is subject to the formation of an Assessment District (AD) and/or other approved financing mechanisms to provide for public sewer facilities and additional necessary infrastructure, the Applicant, under these Conditions of Approval, shall not oppose the formation of an AD (and/or other approved financing mechanism) to construct a public sewer system and additional necessary easements and infrastructure to the CUP. Once a permanent sewer conveyance facility infrastructure is available fronting the CUP through the formation of an AD (and/or other approved financing mechanism), the Applicant will connect to the public sewer.
4.16The Applicant shall retain for private use in this CUP all private street rights-of- way, parking lots, access ways, entry points, and rights-of-way in conformance with the City’s General Plan, Municipal Code, CUP and/or as required by the Director of Public Works.
4.17The Applicant shall repair and/or rehabilitate all 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, the existing private parking lot pavement sections, to be mutually identified with the Director of Public Works (or his designee), on the post entitlement final Engineering Plans, 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). The minimum structural section shall be as follows:
i. Parking Lot and Drive Aisles:
1. 6.0” P.C.C. with wire mesh/4.5 class II aggregate base. ii. Apply striping and legends over the entire parking lot and drive aisles to be shown on the post entitlement final Engineering Plans. Final striping and legend layout shall be approved by the Director of Public Works.
4.18The mutual ingress and egress driveway along East Palm Canyon Drive, on abutting/adjacent and easterly APN 681-300-026, as shown on the CUP’s Plans and as part of these Conditions of Approval, shall provide the main ingress and egress for visitors and employees. Any modification to this driveway will require the approval of the Director of Public Works and/or the Director of Development Services. The City has identified the driveway condition as “deteriorated” from the curb line and is “temporary” until permanent improvements are completed on abutting/adjacent and easterly APN 681-300-026 and thus the Applicant is Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
required to comply with the following condition until such permanent improvements are completed as follows:
i. The Applicant shall seal coat and maintain the asphalt within the above cited driveway path of travel in a condition that will not further deteriorate the existing asphalt and/or leave driveway track in or out. If deterioration or track in or out does occur, the Applicant will remove the deteriorated driveway asphalt in sections (no less than 5 feet by 5 feet and/or 25 square feet as approved by the Director of Public Works) and replace with:
1. 3.0” a.c. over 95% compacted native.
ii. This vehicular ingress and egress driveway maintenance area is to be mutually identified with the Director of Public Works (or his designee) on the post entitlement final Engineering Plans and the Applicant will be required to maintain the driveway in the above cited condition as part of the requirements of this CUP.
4.19Main entry and exit driveways, interior circulation routes, setbacks and other features shown on the CUP’s Plans, may require additional street widths as may be determined by the Director of Public Works.
4.20If applicable, Curve Radii for curbs at all street intersections shall not be less than 35 feet or as shown on the CUP’s Plans or as approved by the Director of Public Works.
4.21Where applicable, all driveways shall be Riverside County Standard No. 207A or Cathedral City (CC) Standard 220-B subject to final approval by the Director of Public Works.
4.22The Applicant shall install Type A-6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations, subject to the approval of the Director of Public Works.
4.23The Applicant shall construct 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 to the CUP as shown on the final approved Plans to the satisfaction of the Director of Public Works.
4.24The Applicant shall construct all appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs to the satisfaction of the Director of Public Works.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.25If the In Lieu Payment Option is not selected as described in Condition 4.38.A.1.c) below, the Applicant may be required to coordinate and pay all and/or a portion of the 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 CUP, per CC Municipal Code 8.30.050 prior to the issuance of the COO to the satisfaction of the Director of Public Works.
i. The Applicant shall seek a concurrence from the Director of Public Works on which lines, if any, are subject to undergrounding per CC Municipal Code
8.30.050, after which, the Applicant shall coordinate all undergrounding of existing facilities with each respective utility, service provider and adjacent properties owners to ensure that all aerial lines are removed/undergrounded from the CUP’s Plans.
4.26Applicant will design and install onsite local stormwater drainage facilities prior to the issuance of the CUP’s COO:
i. Within the paved and landscaped areas of the CUP, the Applicant will design facilities to capture all onsite nuisance and stormwater, with breakout facilities, per Cathedral City Municipal Code requirements and other conditions specified for APN 681-300-005 as generally shown on the entitlement engineering plans. These cited facilities will be shown on the final Engineering Plans and constructed to the approval of the Director of Public Works.
ii. The Applicant will provide a Drainage Report, stamped by a California Registered Civil Engineer, validating that the runoff from the site will be captured within the onsite retention areas, that the onsite retention basin areas are of a capacity to hold the incoming flows, that the site has a breakout for stormwater exceeding the require retainage threshold and include the amounts of pass-through stormwater that has to be received and passed through.
iii. Where applicable, retention basin slopes will be lined with weed block under 3-inch to 6-inch angular rock, subject to the approval of the Director of Public Works. Alternate material within nuisance and stormwater retention areas will require the review and approval of the Director of Public Works.
4.27If applicable, dedications shall include additional widths as necessary for dedicated right and left turn lanes, bus turnouts, and other features shown on the CUP Plans.
4.28When the Director of Public Works determines that access rights to the proposed street rights-of-way shown on the CUP’s Plans are necessary prior to the issuance Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
of the COO, the Applicant shall grant the necessary rights-of-way within 60 days of a written request by the City.
4.29Where 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.
4.30Not applicable): The Applicant shall cause all missing property corners and survey monuments within the boundaries of the CUP to be set and file the required Record of Survey prior to the issuance of the COO.
4.31The Applicant 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 Applicants, and not limited to, grading, wall construction, retaining wall construction, permanent slopes, street improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities performed by the Applicant, will be restored to original and/or improved conditions subject to the prior review and approval of the Director of Public Works and/or Director of Development Services.
4.32The Applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the CUP and the date of issuance of the COO, unless such easement is approved by the Director of Public Works.
4.33The Applicant 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 Public Works.
4.34Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Public Works.
4.35All improvements will be subject to City requirements for inspection during construction.
4.36The City will conduct final inspections of structures only when the buildings have improved street and sidewalk access (including ADA) to streets. The improvements shall include the required traffic control devices, pavement markings and street name signs.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.37When applicable, the Applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed CUP that may be affected by proposed improvements. Pursuant this condition, the Applicant shall apply to the City for any street vacation request of public right- of-way and/or utility easements. The Applicant 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 Public Works. Typically, the right-of-way vacation process is up to three (3) months.
PUBLIC IMPROVEMENTS
4.38The Applicant shall construct and dedicate the following street improvements to conform to the General Plan:
A. PUBLIC STREETS
1) 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 (A) with a 126-foot ROW.
b) East Palm Canyon Drive measured at curb to curb shall have a 88 to 94-foot street width.
c) In Lieu Payment Option for improvements along the CUP’s north East Palm Canyon Drive frontage:
1. The City is in the process of designing a Municipal Undergrounding Project (MUP) that will underground the existing overhead power poles and respective under burden along the CUP’s north East Palm Canyon Drive frontage.
2. In conjunction with the above, the City is also contemplating an additional project in conjunction with the above MUP project that will widen the CUP’s north East Palm Canyon Drive frontage an additional 13 to 16 from the existing 31-feet from centerline of improvements to south curb roadway design to a 44 to 47 feet from centerline of improvements to south curb roadway design, all in conformance with the City’s General Plan.
a. The Additional Widening Project will include new pavement asphalt expansion, new curb and gutter, roadway striping, Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
legends and signage, new 8-foot sidewalk installation and the relocation of fronting utilities.
3. If the In Lieu Payment Option is selected to complete the CUP’s north East Palm Canyon frontage improvements the Applicant can pay an in-lieu cost participation amount of $60,000. The $60,000 can be paid in installments as follows:
a. The first installment of $20,000 is to be paid prior to the issuance of a COO.
b. The second installment of $20,000 is to be paid one year after the date of the issuance of the COO.
c. The third and final installment of $20,000 is to be paid to the City two years after the date of the issuance of the COO or prior to the award of the contract for the Additional Widening Project, whichever comes first.
d. When the City proceeds with the Additional Widening Project the Applicant will be responsible for the CUP’s north East Palm Canyon frontage landscaping and onsite drainage restorations within and outside the right of way.
d) If the in-lieu payment option detailed above is not selected, the Applicant shall widen and improve the existing 31-foot half street along the entire north East Palm Canyon Drive frontage of the CUP an additional 13 to 16 feet, thus completing the centerline to south curb width improvements to 44 to 47 feet, respectively, along the entire north East Palm Canyon Drive frontage of the CUP. The
improvements will be required to be completed to the satisfaction of the Director of Public Works prior to the issuance of the COO. a. 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 Public Works.
ii. Restripe all lanes, including legends, 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 CUP to the satisfaction of the Director of Public Works.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
iv. East Palm Canyon Drive frontage will be designated as “No Stopping” with signs posted as approved by the Director of Public Works
e) If applicable, the Applicant will coordinate all public and private roadway improvements and driveway transitions with the adjacent property owners and coordinate relocation of fire hydrants, water meters, storm drains and all other appurtenances as required to the satisfaction of the Director of Public Works.
f) If applicable, construct new, repair and/or replace all existing damaged fronting street improvements including an 8-foot sidewalk, curb and gutter to uniformly connect to existing adjacent improvements west and east of the CUP along the East Palm Canyon Drive frontage to the satisfaction of the Director of Public Works.
g) East Palm Canyon Drive shall have A-6 or A-8 curbs per County of Riverside (RC) Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations.
h) The East Palm Canyon Drive frontage shall have a minimum 8-foot- wide meandering offset concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets, to be shown on the final Engineering Plans and as approved by the Director of Public Works. i) Construct all appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs as approved by the Director of Public Works.
4.39The Applicant 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). Minimum structural sections, with asphalt placed in two lifts, shall be as follows:
i) Arterial Highway (B): 5.5” a.c./6.5” class II base with 12” at 95% compaction. ii) Note: The above are minimum sections. If existing roadway sections are determined to be greater that the above stated minimum, the Applicant shall install asphalt concrete or Portland cement concrete and class II aggregate base to match existing and/or per City’s repair standards to the satisfaction of the Director of Public Works.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.40If applicable, the Applicant will cooperate with all adjacent developers and property owners to assure that drainage, access and roadway designs are constructed to assure that all adjacent public works infrastructure is constructed in a uniform manner as approved by the Director of Public Works.
4.41Where applicable, Curve Radii for curbs at all street intersections shall not be less than 35 feet or matching opposing approved corner curve radii or as approved by the Director of Public Works.
4.42Where applicable, right-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 Public Works.
4.43Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Public Works.
4.44The Applicant will design all landscaping, monuments and/or structures to not impair vehicle, bicycle and/or pedestrian line-of-sights along all the frontages associated with this CUP and to be shown on the Civil Engineering Plans subject to the approval of the Director of Public Works.
4.45All public and private improvements shall be subject to City requirements for inspection during construction.
4.46The City will conduct final inspections of building structures when the building structures have improved street and sidewalk access to publicly-maintained streets. The improvements shall include the required traffic control devices, pavement markings, ADA improvements 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.
4.47Improvement 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.
4.48The 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 shall be prepared. The plans shall utilize the minimum scale specified, unless authorized by the Director of Public Works. Plans may be prepared at larger scale if additional detail or plan clarity is desired.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
NOTE: The Applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors.
NOTE: All Engineering Plans will be prepared by a Civil Engineer licensed to practice their profession in the State of California.
A. On-Site Precise Grading Plan 1” = 10’ Horizontal
B. Street Improvement Plan 1”= 40’ Horizontal, 1’ = 4’ Vertical (if applicable) C. PM 10 Plan Not required
D. Erosion Control Plan Not required
E. WQMP Not required
NOTE: A and E to be submitted concurrently.
NOTE: Precise Grading Plan shall normally include perimeter wall with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
F. On Site Storm Drain Plan Not required
G. Street Signing and Striping Plan 1” = 40’ Horizontal (if applicable) H. Signal Plan (N/A) Not required
I. Monumentation Plan Not required
NOTE: F through I to be submitted concurrently, if required.
NOTE: The street improvement plans shall show the sidewalk in the combined parkway and landscape setback area.
NOTE: Separate Off-Site Storm Drain Plan if required by Director of Public Works.
Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the Director of 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 Public Works.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.49The Applicant shall furnish accurate Mylars of all improvement plans to the Director of Public Works for approval. The improvement plans shall be of a scale approved by the Director of Public Works.
4.50The Applicant shall furnish a copy of all approved improvement plans on an electronic storage media acceptable to the Director of Public Works.
4.51Upon completion of construction and prior to final acceptance of the improvements by the City, the Applicant shall furnish the City with reproducible record drawings, of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and shall be stamped and signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The Applicant shall have all approved Mylars previously submitted to the City, revised to reflect the as-built conditions. The Applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits in support of preparing “As Built”. However, if subsequent approved revisions have been approved by the Director of Public Works and reflect said “As Built” conditions, the EOR may submit a letter attesting to said fact to the Director of Public Works in lieu of Mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
4.52Improvements 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.
Improvements and obligations required shall be either complete prior to the issuance of COOs of permanent structures or as otherwise approved by the Director of Public Works.
In the event the Applicant fails to construct the improvements for this CUP or fails to satisfy its obligations for this CUP in a timely manner, the City shall have the right to halt issuance of permits, and/or final inspections, withhold other approvals related to the development of this CUP.
4.53If applicable, prior to the issuance of the COO, the Applicant shall construct and dedicate all on and off-site improvements and satisfy its obligations for same or shall furnish a fully secured and executed 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.
4.54If not already completed, prior to the improvement plans approval, the Applicant shall submit for review and City approval, if applicable, Covenants for the future maintenance and upkeep of (and not limited to) street lighting (Street Light Covenant), landscaping improvements, hardscape improvements, PM -10 cleanup Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
mitigation, drainage facilities, retention basin improvements and permanent site BMP appurtenances (Water Quality Management Plan Covenant). Once approved by the City, the Owner of Record shall execute and record such Covenants.
4.55The Applicant shall submit applicable deposits and/or fees for the cost of reviewing the applicable Public Works Completion Agreement(s), WQMP Covenant, Street Light Covenant, Maintenance Covenant, PM-10 Application and/or any other requests or form submittals made by the Applicant related to this CUP.
GRADING
4.56The Applicant shall comply with all the provisions of Cathedral City Municipal Codes and Ordinances.
4.57The Applicant shall obtain a Grading Permit approved by the Director of Public Works prior to initiating any construction or on the CUP site.
4.58To obtain an approved Grading Permit, the Applicant shall submit and obtain approval of all of the following:
A. A Precise Grading Plan prepared by a civil engineer registered in the State of California,
B. (Not applicable): A preliminary geotechnical (“Soils”) Report prepared by a professional registered in the State of California,
C. (Not applicable): A Fugitive Dust Control Plan prepared in accordance with City of Cathedral City requirements,
D. (Not applicable): An Erosion Control Plan prepared in accordance with City of Cathedral City requirements,
E. (Not applicable): a Best Management Practices report prepared in accordance with Cathedral City requirements (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls),
F. (Not applicable): A revised/updated WQMP prepared by a Qualified Stormwater Pollution Plan Developer that has completed California State Water Board approved training, 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 Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
Risk as designated by the latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.
4.59If applicable, all grading shall conform with the recommendations contained in the Preliminary Soils Report, Phase 1 Environmental Assessment report and shall be certified as being adequate by the soils engineer, or engineering geologist registered it the State of California.
4.60(Not applicable): A statement shall appear on the Grading Plan that a soils report has been prepared in accordance with the California Health and Safety Code § 17953 and California Government Code § 66490.
4.61(Not applicable): The Applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a Grading Permit. Additionally, the Applicant shall replenish said security if expended by the City of Cathedral City to comply with the Fugitive Dust Control Plan as required by the Director of Public Works.
4.62The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.
4.63Grading within the parkway areas shall conform to Cathedral City requirements except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the back slope (i.e. the slope at the back of the landscaped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.
4.64Building pad elevations on the Grading or Precise Grading Plan submitted for Director of 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.
a. Further, the submitted Entitlement Plans do not correctly show the existing topographic elevations on the CUP. The Applicant will be required to verify the topographic elevations on CUP as compared to the existing elevations on the CUP, and in include these elevations on the Final Engineering Plans for the CUP.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
b. The verified site elevations may require the addition of retaining walls to secure onsite and/or abutting offsite grades for erosion control and drainage purposes.
4.65Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments. The Applicant shall minimize the differences in elevation between the adjoining properties and this Project.
4.66If applicable, prior to any site grading or re-grading that will raise any portion of the site by more than plus or minus half of a foot (0.5’) from the elevation shown on the approved Grading Plans, the Applicant shall submit the proposed grading changes to the Director of Public Works for a substantial conformance review.
4.67Prior to the issuance of a building permit for any building, the Applicant 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.
4.68This CUP shall comply with the Cathedral City Floodplain Management Ordinance.
If any portion of any proposed building parcel in the CUP is or may be located within a Flood Hazard Area as identified on the City’s Flood Insurance 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.
4.69If applicable, prior to the issuance of the Building Permit for any building, the Applicant shall provide to the Director of Public Works a Letter of Map Revision – Fill (LOMR-F) issued by FEMA.
DRAINAGE
4.70Stormwater handling shall conform to the approved Drainage Report for the CUP.
The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.
4.71Stormwater and nuisance water (drainage) for all phases, 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 Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
percolation piping chambers, dry wells and retention basin(s) as approved by the Director of Public Works.
4.72All drainage water may be conveyed underground to the satisfaction of the Director of Public Works.
4.73Storm water drainage historically received from adjoining properties shall be received and retained and/or passed though into the historic downstream drainage relief route.
4.74Not applicable: The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Stormwater Discharge Permit; Riverside County Ordinance No. 457; the Californian Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Regional Board Order No. R7-2013- 0011 and the State Water Resources Control Board’s Order No. 2009-009-DWQ, Order No. 2010-0014-DWQ and Order No. 2012-0006-DWQ.
A. For post-construction, urban runoff from New Development and Redevelopment Projects, the Applicant shall implement requirements of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance of BMPs per the approved revised/updated Water Quality Management Plan (WQMP) for the project as require by the California Regional Water Quality Control Board – Colorado River Basin (CWQRCB- CRB) Region Board Order No. R7-2013-0011.
B. The Applicant shall implement the revised/updated WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPS approved by the Director of Public Works.
UTILITIES
4.75If applicable, the Applicant shall obtain the approval of the Director of 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 and aesthetic purposes.
4.76All service runs and proposed new utilities shall be installed underground, per the utility purveyor standards and as approved by the Director of Public Works.
4.77When applicable, and as cited in Condition 4.25, 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 Public Works.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
4.78Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the Applicant shall comply with trench restoration requirements required by the Director of Public Works.
4.79The Applicant shall provide certified reports of all utility trench compaction for approval by the Director of Public Works.
4.80All facilities within the CUP shall be served with a gravity sanitary sewer system (or as cited in Condition 4.15), a domestic water system and a fire protection system in accordance with DWA and City of Cathedral City Fire Department requirements and standards. Applicant 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.
4.81The Applicant shall abandon or relocate existing easements over CUP prior to issuance of the COO as required by the agency and/or individual favored and as approved by the Director of Public Works. Additionally, the Applicant shall relocate existing utility facilities that are required by all utility purveyors prior to issuance of the COO or as approved by the Director of Public Works.
SECTION 5 FIRE PROTECTION
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 2022 California Fire Code are shown as CFC, the 2022 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”.
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).
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
FIRE ACCESS
5.3A fire department access plan shall be submitted to the City of Cathedral City Fire Department for review and approval prior to the issuance of any building permits.
5.4Fire Lanes parallel to the main building and providing access to the permanent generator and tower shall be a minimum of 20 feet wide, unobstructed.
5.5“No Parking, Fire Lane” signs shall be posted parking area(s) where the permanent generator is to be installed.
FIRE PROTECTION
5.6Portable fire extinguishers shall be installed and maintained in accordance with CFC, Section 906 and CCR, Title 19, Chapter 3. The fire extinguisher types, sizes and locations shall be included on architectural plan submittal and approved by the Cathedral City Fire Department prior to installation.
MISCELLANEOUS
5.7Means of egress shall be in compliance with CFC Chapter 10, to include signs and door locking mechanisms.
5.8The doors must be operable from the inside of the building for occupant exiting.
Surface latches and security bars are not permitted.
5.9Where applicable, a National Fire Protection Association (NFPA) 704H Diamond shall be installed.
5.10Hazardous materials use and storage, if applicable, shall comply with the California Fire Code and NFPA Standards.
5.11Extension cord and flexible cords shall not be used as a substitute for permanent wiring (2022 CFC § 604.5).
5.12Address numbers shall be placed in a position to be plainly legible from the street or road, shall be a minimum of 12 inch high numbers with a minimum 1½ inch stroke, and be illuminated (back or surface lit).
5.13Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign made of durable material stating ELECTRICAL ROOM. The signage shall be in white letters on red background.
5.14Access to the electrical panel shall be maintained with three feet of clearance in front of the panel, and 30 inches of clearance above and to the sides of the panel.
5.15All equipment, including generator shall be UL compliant.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
SECTION 6 BUILDING DEPARTMENT
6.1Shall 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
6.2Refer to Fire Marshal’s comments regarding Fire and Smoke Suppression Systems.
6.3The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts 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 signs shall be Underwriters Laboratories approved, or equal.
6.6Permits are required prior to the removal and/or demolition of structures.
6.7All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.
6.8If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility’s intended methods of operation and list of all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.
6.9Please be aware a Construction Waste Management Plan (CWMP) will be required at time of plan check submittal.
6.10Separate 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.
6.11Additions to Non-Residential buildings shall comply with CA Energy Code Section 141.0.
Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
February 14, 2026
Approved for Planning Entitlements by the Cathedral City City Council on February 14, 2024.
Attest: Applicant:
___________________________ _________________________
Sandra Molina Chris McFadden
Deputy Director
Development Services