Cathedral City City Council
February 14, 2024

STAFF REPORT

CATHEDRAL CITY PLANNING COMMISSION

MEETING DATE: December 6, 2023

CASE NO.: Conditional Use Permit No. 23-003
Variance No. 23-004

APPLICANT: MFA Architects/Desert Kush, Chris McFadden
LOCATION: 67455 East Palm Canyon Drive, (APN: 681-300-005) REQUEST: Approval of a Conditional Use Permit to establish a new cannabis business (dispensary site) within an existing 1,953 square-foot building within the PCC (Planned Community
Commercial) Zoning District, including a variance request to remove parking lot shading requirement (hereinafter referred to as “Project”).

STAFF PLANNER: Melody Segura, Associate Planner

RECOMMENDATION:

FIND that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15303, Class No. 3 (New Construction or Conversion of Small Structures).

APPROVE Conditional Use Permit No. 23 -003 and Variance No. 23 -004 subject to the attached Conditions of Approval and based on the findings contained in the staff report.

FINDINGS:

CONDITIONAL USE PERMIT NO. 23-003 AND VARIANCE NO. 23-004

1. The Project is an allowed use within the PCC (Planned Community Commercial) Zoning subject to the approval of a conditional use permit per the City of Cathedral City Zoning Ordinance, Chapter 9.30;

2. The Project, as well as all operations as conducted therein, fully complies with all applicable building, electrical, zoning and fire codes, accessibility requirements of the American with Disabilities Act (ADA), and all relevant City and State Laws. Staff

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has reviewed the site and floor plans submitted and determined that, as conditioned herein, the cannabis business will comply with all relevant building codes, zoning, and the ADA;

3. The Project fully complies with and meets all operating criteria required pursuant to State Laws and any other provisions of the Cathedral City Municipal Code (CCMC), and any specific, additional operating procedures and measures as may be imposed as conditions of approval in this conditional use permit;

4. The Project is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. By allowing cannabis businesses in certain zones, the City Council has determined that cannabis businesses are necessary and desirable for the development of the community, is consistent with the general plan, and will not be detrimental to other uses in the zones. The design and operation plans of the Project help ensure that no existing uses would be detrimentally affected;

5. The site for the Project is adequate in size and shape to accommodate such use and any and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood. The Project meets all the site development standards as required by the Municipal Code;

6. The site for the Project relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The Project’s primary collector is Perez Road, which has adequate capacity to serve the limited traffic that will be generated by the use;

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

8. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity;

9. The strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone;

10. The granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located;

11. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted general plan.

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

BACKGROUND/ANALYSIS:

The applicant, Chris McFadden (MFA Architects) representing Desert Kush, is proposing to establish a new cannabis dispensary bus iness within an existing 1,953 square-foot building located at 67455 East Palm Canyon Drive . The site is located within the PCC (Planned Community Commercial) Zoning District. Furthermore, the applicant is requesting a variance to remove the parking lot shading requirement.

City Ordinances allow for the establishment of cannabis businesses (dispensaries, cultivation, testing laboratories, distribution and manufacturing sites) within certain zoning districts of the City, subject to a Conditional Use Permit (CUP). The ordinances regulating cannabis businesses are codified under CCMC Chapters 5.88 and 9.108 (the “Ordinance”). The applicant submitted a CUP application on February 16, 2022, which requires review and approval by the Architectural Review Committee (ARC) and the Planning Commission.

Pursuant to CCMC 9.108, a dispensary site may only be located within the PCC (Planned Community Commercial), I -1 (Light Industrial) or CBP -2 (Commercial Business Park) Zoning District s with the approval of a conditional use permit.

Furthermore, this type of facility shall not be located: a) within six hundred (600) feet of a school, day care center, or youth center; or b) within three hundred (300) feet of a residential zone. Staff has confirmed that the subject location satisfies the applicable location restrictions set forth in the CCMC.

The project site is located on the south side of East Palm Canyon Drive, approximately 277 feet west of Cree Road. Adjoining to the west is Glory to God ministries and to the east and south are vacant properties. Adjacent to the north, across the street on East Palm Canyon Drive, are a vacant commercial building (previously a check cashing office) and a motel (Beckley’s Villa Motel).

Within the site is an existing 1,953 square -foot building and other existing site improvements such as parking, a trash enclosure, and some existing landscaping. The subject property was previously occupied by a tile store and is currently vacant. The existing showroom and office area is proposed to be converted into a dispensary that will include a sales counter and display, a receiving area, an office, a break room and other ancillary space. The applicant does not propose any expansion of the building and will maintain the same building footprint.

The applicant proposes to upgrade the site with new improvements. Firstly, the applicant proposes to re -paint the building in a new color scheme (parapet walls and

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fascia in “Sycamore Sand” and walls in “Whisper Gray”). These improvements include updating the trash enclosure to City standards, reconfiguring the ADA path of travel, and adding a new loading area. Additionally, the applicant proposes to add new landscaping in a desert landscape scheme within the existing planter areas Lastly, the applicant will be required to provide a 22 -foot right-of-way dedication along East Palm Canyon for future roadway improvements.

The subject property does not have direct driveway access onto East Palm Canyon Drive; however, access to the subject property is provided by the neighboring parcels to the east of the through a reciprocal access agreement for egress and ingress. Pursuant to CCMC 9.58 Off Street Parking, the minimum required parking for a dispensary site is as follows:
• Dispensary – One space for each 250 square feet of floor area • Office and Ancillary Space – One space for each 250 square feet of floor area The applicant proposes approximately 1,953 square feet of dispensary, office and ancillary space. This square footage requires a total of 8 parking stalls. The applicant proposes to provide 7 parking stalls, including 1 ADA van accessible parking stall and a loading area that will be used as a parking stall when not in use; thus, providing a total of 8 parking stalls and meeting the parking requirement.

CCMC 9.108 requires all cannabis business to be equipped with odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business distinctive to its operation is not detected outside the business. The cannabis business 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.

The Planning Commission has established a standard to require air curtains to be installed at each door of a cannabis facility, and this requirement has been incorporated into the conditions of approval. The applicant is opposed to installing air curtains from a customer service aspect and is proposing to install other equipment that he feels is just as effective.

The applicant has requested a variance to remove the 50% shading requirement required by the design guidelines due to the unique constraints of the site. The property has limited space and will lose additional space due to the right -of-way dedication.

Additionally, the site does not have driveway access along East Palm Canyon Drive. In order to allow for more visibility of the building and to maximize the space available

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within the parking lot, the applicant is requesting a variance from the shading requirement.

The ARC reviewed the project on November 1, 2023, where they also provided feedback regarding the variance request and had no opposition to the applicant pursuing the variance application. Additionally, the ARC was in support of the proposed site and building improvements but deferred the request to omit air curtains to the Planning Commission.

The ARC recommended approval to the Planning Commission with a 4 -0 vote with no changes. The Planning Commission will take final action on this project unless it is appealed to the City Council.

ENVIRONMENTAL REVIEW:

Staff has determined that the project meets all of the conditions for a Categorical Exemption under Section No. 15303 (Class No. 3, New Construction or Conversion of Small Structures) of the State CEQA Guidelines, which exempts a store or similar structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500 square feet in floor area.

NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based.

PUBLIC NOTIFICATION:

This Project and the environmental determination were publicly noticed in accordance with the requirements contained in the City Municipal Code and the California Environmental Quality Act (CEQA).

ATTACHMENTS:

Attachment No. 1 - Conditions of Approval
Attachment No. 2 - Existing Site Plan
Attachment No. 3 - Proposed Site Plan
Attachment No. 4 - Existing Floor Plan
Attachment No. 5 - Proposed Floor Plan
Attachment No. 6 - Existing Elevations
Attachment No. 7 - Proposed Elevations
Attachment No. 8 - Rendering
Attachment No. 9 - Landscape Plan

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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: DECEMBER 6, 2023

SECTION 1 ADMINISTRATIVE CONDITIONS

1.1 Approval 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 P lanning and Building Departments prior to issuance of building permits. The development of the property shall conform substantially to the following conditions of approval.

1.2 The 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 t he Development S ervices Director and/or the City Engineer prior to approval of the construction drawings.

1.3 This approval shall be valid for two years from date of approval, unless extended, pursuant to the Cathedral City Municipal Code.

1.4 No Certificate of Occupancy shall b e granted until all condition s of approval have been satisfied and approved by the Development Services Director, City Engineer, Chief Building Official, and Fire Chief unless otherwise identified herein.

1.5 The de velopment of th e site shall c onform 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.

1.6 All approved structures, landscaping, an d on - and off -site public improvements shall be maintained in a condition that substantially complies with this approval.

1.7 A copy of all pages of these conditions shall be included in the constr uction drawing package.

SECTION 2 FEES

2.1 The A pplicant sha ll p ay all applic able City of C athedral City fees, charges and other costs as prescribed by City Ordinance, including development impact fees.

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

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 effectiv e date of this approval and any s uch 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 ap plicant has be en given a notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired.

SECTION 3 PLANNING

3.1 The applicant shall submit a Final Landscape Plan to the Planning Department for review and approval, prior to the issuance of Certificate of O ccupancy and to the satisfaction of the Planning Department.

3.2 All mechanical equipment, either roof or ground mounted, and shall be screened from public view. All such equipment shall be fully scre ened by the ro of 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.

3.3 Signage is not a part of this approval and shall require a separate Sign Permit.

3.4 All lighting on site shall compl y with Chapter 9.89 of the Municipal Code relative to outdoor lighting including fixtures that direct lighting downward.

3.5 Any 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.

3.6 The applicant shall co mply 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.

3.7 The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Busine ss that is distinctive to its operation i s no t detected outside the Cannabis Busine ss, anywhere on adjacent property or p ublic rights -of-way, on or about any exterior or interior common area walkways, hallways, breeze -ways, foyers, lobby areas, or any

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

other areas available for common use by tenan ts 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 wh ich the Local Licensing Authority determi nes has the same or better effectiveness:

1. An exhaust air filtratio n 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.

3.8 The Applicant or its legal representative shall execute an agreement indemnifying and holding the City h armless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or cla ims 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.

3.9 The Applicant or its legal representative shall maintain insurance in the amounts and of th e types that are acceptable to the City pursuant to guidelines and policies set forth by t he Local Licensing Authority. Evidence of such insurance must be satisfied as a pre requisite to and prior t o the issuance of the Certificate of Occupancy.

3.10 The 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 issuan ce of the Certificate of Occupancy.

3.11 The Applicant or its legal representative shall agree to defend, at its sole expense, any action against the City, its a gents, officers, and employees related to the approval of the Loca l License, Con ditional Use Permit or the operation of the Cannabis Business.

3.12 The Applicant or its legal representative shall agree to reimburse the C ity 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.

3.13 The Cannabis Business as well as all operations as conducted therein shall comply with all applicable building, electri cal, zoning and fire codes, accessibility requirements of the Americans with Disabilities Act, and all relevant City and State Law.

3.14 The 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 pro cedures and measures as may be imposed as conditions of approval in the Conditional Use Permit.

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

3.15 Operation of the Cannabis Business in non -compliance with any conditions of approval or the provisions of Chapter 9.10 8, 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.

3.16 Police Department approval of all security features is required prior to the issuance of a Certificate of Occupancy and/o r op eration of the cannabis business.

3.17 All windows on the building that houses th e Cannabis Facility shall be appropriately secured and all marijuana securely stored.

3.18 The 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.

3.19 The cannabis business and all equipment used in the conduct of the business, must be operat ed in compliance with all applicable state and local laws and regulations, includin g all building, electric al, and fire c odes, and in compliance with the business’ state and local licenses.

3.20 The 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, Ch apter 3.28 of the CCMC requiring application and issuance of a business license, the Revenu e and Taxation Code, the Americans with Disabilities Act, and all applicable Federal, State and Local mandates.

3.21 The appl icant shall f ully comply with and meet all o perating criteria required pursuant to State Laws, the provisions of this Code, and any spe cific, 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.

3.22 Project shal l comply with the most recently adopted version of the California Building Standard s Code (Title 24, Califo rnia Code of R egulations) 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
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security

3.23 The development of the site shall confo rm to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedra l City Municipal Code.

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

3.24 The Applicant, and/or assignees, sh all be responsible for blowsand, dust, debris, trash, rubbish, weeds and deleterious materi al removal in all areas of the Project and Project frontages, including gutter pans, sidewalks, parkways, right of way, private streets, parking lots, drive aisles a nd all interior areas during construction and after Occupancy Permits are issued. The Appl icant, and/or assignees, shall record a City Approved Maintenance Covenant and/or C ovenants, Conditions and Restrictions (CC & Rs) over the entire property that guarantees for perpetuity the immediate removal of blowsand, dust, debris, trash, rubbish, weed s and all deleterious material, and further ensures that the Project will be maintained in a blowsand, dust, debris, trash, rubbish, weeds and deleterious material f ree condition per the approved Plans and Conditions of Approval.

3.25 The applicant shall f ully comply with and meet all operating criteria required pursuant to State Laws, the pr ovisions of this Code, a nd any specifi c, additional operating procedures and measu res as may be imposed as these conditions of approval, in order to ensure that the operatio n of the facility is consistent with the protection of the health, safety, and welfare of the community.

3.26 The Applicant shall provide the employees with the name and location and phone number of the nearest facility to be used in an emergency.

3.27 The Applicant shall post the emergency phone number 9 -1-1, for the Cathedral City Fire Department, at the facility.

3.28 All cultivation of cannabis shall occur in an enclosed locked structure.

3.29 The Applicant shall provide a plan and proof of coordination with the Regional Water and Waste Water treatmen t provider to determine appropriate pretreatment procedures, if any, required for industrial effluent from the facility.

3.30 The 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 noti fication and reporting procedures.

3.31 The Applicant shall pre pare, implement and make available a written Hazardous Materials Management Plan to include a listing of all hazardous pro ducts, 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 proper storage of chemicals and products in accordance with all applicable local, state and federal laws. Insure that when handling hazardous materia ls u se of appropriate personal protective equipment (PPE) is available and used properly.

A copy of the Hazardous Materi als Management Plan shall be subject to review and approval by the Director.

3.32 The Applicant shall provide the names and phone numbers f or 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.

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

3.33 The Applicant shall provide the employees with the name and emergency phone number for the nearest private Hazardous M aterial Response Company, to clean-up and dispose of spilled hazardous product or waste at the facility.

3.34 The Applicant shall update the Hazardous Material Managemen t Plan annually and more frequently if changes in personnel, products or equipment signific antly alter the threat to human health or the environment. All such changes are subject to review and approval by the Director.

3.35 The Applicant shall fully comply wit h th e 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.

3.36 The development of the site shall conform to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code.

3.37 The 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 hazardou s substances, and shall obtain the necessary permits and/or clearances from the County of Riverside Department of Environmental Health.

3.38 Cannabis activities shall onl y 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.

3.39 The storage of c annabis and cannabis products shall only occur in the are as shown on the fl oor plan submitted by the applicant and shall not exceed the square footage authorized pursuant to the conditional use permit.

3.40 All facility window arrays, doors and associated framing systems shall be renovated to install new glazing compounds and seals.

3.41 The Applicant shall install automatic closures on all interior and ex terior Cultivation facility doors.

3.42 All dispensary related interior and exterior door seals shall be replaced an d adjusted.

3.43 The Applicant shall seal and renovate all of the Dispensary facility’s roll up doors, garage doors and associated systems.

3.44 All roof venting, wall penetrations, panel joints etc. shall be sealed.

3.45 The Applicant shall install Air Curtains on all exterior doors.

3.46 The Applicant shall place anti-door gels and diffusers near all Dispensary exterior doors and windows.

3.47 If hazardous mater ials, flammable ga s, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as th ose terms are d efined in CFC Section 202, are to be used in the processing of cannabis, then the

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

provisions of CF C 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.

3.48 The Storage, use and handl ing of compressed ga ses in compressed gas containers, cylinders, t anks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in t he Cathedral City Municipal Code.

Partially full compressed gas containers, cylinders or tanks containing residua l 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 Cryoge nic Fluids) and CFC Chapter 64 (Pyrophoric Materials).

Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammab le and combustible liquids shall be in accordance with CFC Chapters 50 and 57.

SECTION 4 ENGINEERING / PUBLIC WORKS

4.1 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), it s 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 sha ll have sole discr etion in selecting its defense counsel. The City shall promptly notify the Applicant of any claim, action or proceeding and shall cooperate fully in the defense.

4.2 This CUP shall ex pire two years after the City Planning Commission approva l date, unless rec orded or granted a time extension pursuant to Cathedral City Ordinance 659; Section 3; Paragraph 8.4(A).

4.3 This CUP shall comply with all applicable terms, conditio ns and/o r mitig ation 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 o f any conflict(s) between approval conditions and/or provisions of these approvals, the Director of Public Work s and/or Director of Development Services shall determine precedence.

4.4 All conditions herein shall be met prior to the Engineering and/or En croachment Permits issuance for the CUP and Plan s or as specifically modified by item as

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

linked to a C ertificate of Occupancy (COO) issuance and/or time limit from the date of issuance of the Engineering Permit.

4.5 Prior 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 S ervices 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 Ap plicant is responsible for all the requirements of t he permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the Applicant shall furnish proo f of such approvals when submitting those improvement plans for City approval.

4.6 If applicable, the Applicant shall be responsible for completing all CUP approved Phase I Study recommendations, all City and Riverside County requirements and Riverside County Department of Envi ronmental H ealth requirements. Proof of compliance shall be s ubmitted to the City before issuance of Building Permits for the CUP.

4.7 CUP approved erosion control Best Management Practices (BMPs) shall remain in effect for the entire duration of CUP construction unti l all improvements are completed and accepted by the City.

4.8 The Applicant shall be responsible for blow sand, debris, trash, rubbish and deleterious ma terial 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 , inc luding within the walled areas or outside the walled areas of the CUP. The Property Owner of Record shall incl ude these responsibil ities 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 approv al by the Director of Public Works.

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) Conditional Use Permit No. 23-003
Planning Commission Conditions of Approval
December 6, 2023

4.9 Approval of this CUP and Plans shall not be construed as approval for any horizontal dimen sions implied by an y site plans or ex hibits unless specifically identified in the following Conditions of Approval.

4.10 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by t he City Attor ney to prepare, review, negotiate and/or modify any documents or instruments required by these conditions and/or subse quent modification requests to these Conditions of Approval . This obligation shall be paid in the time noted ab ove with out deduction or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.

4.11 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual consul tant’s fees incurred by the City for engineer ing, surveying and/or any other technical consultants to review and/or mo dify any documents or instr uments required by these conditions and/or subsequent modification requests. This ob ligation shall be paid in the time noted above without deduction or off set and Applicant’s failure to make such payment sha ll be material breach of the Conditions of Approval.

4.12 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all actual costs i ncurred by the City for Engineering, Planning and/or Building Department reviews and/or modify any documents o r instruments required by t hese co nditions and/or subsequent modification requests. Th is obligation shall be pai d in the time noted above without deduction or offset and Applicant’s f ailure to make such payment shall be material breach of the Conditions of Approval.

PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS

4.13 Prior to issuance of any permit(s), the Applicant shall ac quire or confer easements and othe r property rights n ecessary for the c onstruction 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 fo r maintenance, construction and reconstruction of essential improvements.

4.14 Pursuant to the aforementioned condition, confer red rights shall include approvals from all nece ssary p ersons 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 publi c streets and open space/dr ainage 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 as sure a half street right of way width of 63 feet.

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ii. The Property O wner 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 e gress both vehicles and pe destrians), right of way, drainage, and purposes co nsistent with commercial development.

iv. The Property Owner of Record of A PN 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 A PN No. 681 -300-005 shall offer, and record upon acceptance, a drainage easement to abutting/adjacent westerly APN 681-300-031.

4.15 This area currently does not have public sewer facilities within the right -of-way.

This CUP will be allowed to maintain the existin g septic system in the interim of those facilities bein g avail able. Once public sewer facilities are made available within 200 ft. of th is CUP, this CUP will be subject t o 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 A D (and/or ot her approved financing mechani sm) to construct a public sewer syst em and additio nal necessary easements and infrastructure to the CUP. Once a perm anent sewer conveyance facility infrastructure is avail able fronting the CUP through the formation of an AD (and/or ot her approved fin ancing mechani sm), the Applicant will connect to the public sewer.

4.16 The Applican t shall retain fo r pr ivate use in this CUP all priv ate street rights-of- way, parking lots, access ways, entry poin ts, 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.

4.17 The App licant shall repair and /or rehabilitate all n on-compliant and/or broken roadway and parkway co mponents such as, and not l imited to: curb , gutter , sidewalk, a.c., ADA ramps, tra ffic control stri ping, 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 anti cipated traffic loading (including construc tion traffic ). The minimum structural section shall be as follows:

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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 en titlement final Engineering Plans. Final striping and legend layout shall be approved by the Director of Public Works.

4.18 The 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, shal l 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 Di rector 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 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 t ravel 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 s ections (no less tha n 5 feet by 5 feet and/or 25 squ are 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.

4.19 Main entry and exit driveways, interior circulation routes, setbacks and oth er features shown o n the CUP’s Plans, may require additional street widths as may be determined by the Director of Public Works.

4.20 If applicable, Curve Radii for curbs at all street intersections shall not be less than 35 feet or as shown on th e CUP’s Plans or as approved by the Director of Public Works.

4.21 Where applicable, all driveways shall be Riverside County Standard No. 207A or Cathedral City (CC) Standard 220-B subject to final approval b y the Director of Public Works.

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4.22 The Applicant shall install Type A -6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations, subject to th e approval of the Director of Public Works.

4.23 The Applicant shall construct all r oadways, parki ng lots, driv e aisles, cur bs an d gutters, sidewalks and driveways to unifo rmly 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.

4.24 The A pplicant shall construct al l appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control stripin g, legends, traffic control signs and street na me signs to the satisfaction of the Directo r of Public Works.

4.25 If 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, communicati on 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 t o und ergrounding p er CC Municipal Code

8.30.050, after whi ch, the Applicant shall coordinate all undergrounding of existing facilities with each respective utility, service provider and adjac ent properties owners to ensure that a ll aerial lines are removed/undergrounded from the CUP’s Plans.

4.26 Applicant will des ign and install onsite local stormwater drainage facilities prior to the issuance of the CUP’s COO:

i. Within the paved and landscaped areas of th e CUP, the Applicant will design facilities to capture al l onsite nuisance and stormwater, with breakout facil ities, per Cath edral City Municipal Code require ments 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 construct ed to the approval of the Director of Public Works.

ii. The Ap plicant will provide a Drainage R eport, stamped by a California Registered Civil Engine er, validating that the runoff from the site will be captured within the onsite retention areas, that the onsite retention basin areas ar e of a capacity to hold the incoming flows, that the site has a breakout for stormwater exceeding the require retain age threshold and include the amounts of pass -through stormwater that has to be received and passed through.

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iii. Where applicable, r etention basin slopes will be lined with wee d bl ock under 3-inch to 6-inch angular rock, subject to the approval of the Director of Public Wor ks. Alternate material within nuisance and storm water retention areas will require the review and approval of the Dire ctor of Public Works.

4.27 If 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.

4.28 When the Director of Public Works d etermines that access rights to the proposed street rights-of-way shown on the CUP’s Plans are necessary prior to the issuance of the COO, the Applicant shall grant the necessary rights-of-way within 60 days of a written request by the City.

4.29 Where public facilities ( e.g., sidewalks) are pla ced on p rivately owned setbacks, the Applicant shall offer for dedication blanket easements for those purpos es by separate instrument prior to the issuance of the first COO.

4.30 Not applicable): The Applicant shall cause all missing property corners and survey monuments within the bo undaries of the CUP to be set and file the required Record of Survey prior to the issuance of the COO.

4.31 The Applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on w hich, 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, pe rmanent slopes, street imp rovements, sidewalks, driveways, utility relocations , other encroac hments and other construction activities performed by the Applicant, will be restored to original and/or improved conditions subject to the prior review and approv al o f the Director of Public Works and/or Director of Development Services.

4.32 The Applica nt shall cause no ease ment to be granted, o r recorded, o ver any portion of the subject property between the date of approval of the CUP and the date of issuance of the COO, unless such easement is approved by the Director of Public Works.

4.33 The Applicant will co ordinate 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.

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4.34 Improvements shall be designed and constr ucted in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Public Works.

4.35 All improvements will be subject to City requirements f or inspection during construction.

4.36 The City will conduct fin al inspections of structures only when the buildings have improved street and sidewalk access (including A DA) to streets. The improvements sha ll include the required traffic control devices, pav ement markings and street name signs.

4.37 When applicable, the Applicant shall be responsible for the vacation and granting of easements that address changes in the exist ing easements over the proposed CUP that may be a ffected by pro posed improve ments. Pursu ant 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 a ll applicable exhibits and legal de scriptions and perform all necessary abandonments or r elocation of easements and/or facilitie s as required by all a ffected utility purveyors over the public rights -of-way and/or ut ility easements, or as approved by the Di rector of Public Works. Typically, t he right -of-way vacation pr ocess is up to thr ee (3) months.

PUBLIC IMPROVEMENTS

4.38 The 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 road way and is designated as a n 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 overhea d power poles and respective under burden along the CUP’s north East Palm Canyon Drive frontage.

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2. In conjunction with the above, t he City is also contemplating an additional project in conjunction with the above MUP project that will widen the CUP ’s no rth East Palm Canyon Drive fronta ge an additional 13 to 16 from the existing 31-feet f rom centerline of improvements to south curb roadway design to a 44 to 47 feet from centerline of improvements to south curb roadway des ign, all in conformance with the City’s General Plan.

a. The Additional Widening Pro ject will in clude new pavement asphalt expansion, new curb and gutter , roadway striping, legends and si gnage, 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. Th e $60,000 can be paid in installments as follows:

a. The first installment of $2 0,000 is to be paid prior to the issuance of a COO.

b. The second installment of $2 0,000 is to be paid on e year after the date of the issuance of the COO.

c. The th ird and final instal lment 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 procee ds with the Additional Widening Project the Applicant will be responsible for the CUP’s north East Palm Canyon frontage landscaping and onsite drainage res torations within and outside the right of way.

d) If the in-lieu payment op tion detailed above is not selected, t he Applicant shall widen and improve the existing 31-foot half street along the enti re no rth East Palm Canyon Drive frontage of t he CU P an additional 13 to 16 feet , thus completing the centerline to south curb width improvements to 44 to 47 feet , respectively, along the entir e 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 wideni ng and as gener ally shown on t he TPM’s Plans along the East Palm Canyon Drive frontage:

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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 conn ect to existing ad jacent improvements east and west of the CUP to the satisfaction of the Director of Public Works.

iv. East Pal m Canyo n Drive frontage will be designated as “No Stopping” with signs posted as ap proved by the D irector of Public Works

e) If applicable, the Applicant will coo rdinate all pu blic and priv ate roadway improv ements and driveway transitions with the adjacent property owner s and coordinate relocation of fire hy drants, water meters, storm drains and all othe r appurtenances as requ ired 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 t he CUP along the East Palm Canyon Drive frontage to the satisfaction of the Director of Public Works.

g) East Palm Canyon Drive shall ha ve A -6 or A -8 curbs per County of Riverside (RC) Standards, which will c onvey water without ponding, and provide lateral containment of du st and residue during street sweeping operations.

h) The East Palm Canyon Drive frontage shall have a min imum 8-foot- wide meandering offset concrete sidewalk per RC Standa rds, with all required ADA ramps a nd utili ty 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.

4.39 The Applicant shall design street pavement sections using Cal Trans’s design procedure for 20 -year life pavement, and the sit e-specific data fo r soil strength and anticipated traffic loading (including construction traffic). Minimu m 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.

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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.

4.40 If applicable, the Applicant will cooperate with all adjacent developers and property owners to assure that drainage, access and roa dway designs are constructed to assure that all adjacent public works infrastructure is constructed in a un iform manner as approved by the Director of Public Works.

4.41 Where applicable, Curve Radii for curbs at all street intersections shall n ot be less than 35 feet or matching opposing approved corne r curve radii or as approved by the Director of Public Works.

4.42 Where 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.

4.43 Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specificat ions, or as a pproved by the Director of Public Works.

4.44 The Applicant will design all landscaping, monuments and/or structures t o not impair vehicle, bicycle and/o r pedestrian line -of-sights along all the frontages associated with this CUP and to be shown on the Civil E ngineering Plans subject to the approval of the Director of Public Works.

4.45 All public and private improvements sha ll be subject to Ci ty requirement s for inspection during construction.

4.46 The City will conduct final inspections of building structures when th e building structures have improved street and sidewalk access to publicly -maintained streets. The improvements sh all include the required traffic co ntrol devices, pavement markings, ADA improvements and street name signs.

IMPROVEMENT PLANS

As used thr oughout these Conditions of Approval, profe ssional titles such as “engineer,”’ “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California.

4.47 Improvement plans shall be pr epared by or under the direct supervision of qualified engineers and/or architect s, as appropriate, and shall comply with all requirements of the City of Cathedral City.

4.48 The following improvement plans , shall be prepared and submitte d for review by the Engineering Department. A separate set of plans f or each line item specified

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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.

NOTE: The Applicant may be requi red to prepare other improv ement plans not listed here pursuant to improvem ents require d by other ag encies 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 impr ovement plans shall show th e 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 p repared in formats approved by the Director of Public Works prior to commencing plan preparation.

All Plan and Profile Street Plans and Signing an d Stripin g plans shall show all existing improvements for a distance o f at least 200 -feet beyond the project limits, or a distance sufficient to show any required design transitions.

All Signing and S triping Plans s hall show, at a minimum; Stop Signs, Lim it Lines and Lege nds, No Parking Signs, Raised Pave ment 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.

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4.49 The Applicant shal l furnish accurat e 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.

4.50 The Applicant shall fur nish a copy of al l approved improv ement plans on an electronic storage media acceptable to the Director of Public Works.

4.51 Upon completion of construction and prior to final acceptance of the improvements by the City, the Applicant shall furnish the City with reproducible record drawings, of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and shall be stamped a nd signed by the engineer or surveyor certifying the accuracy and completeness of the drawings. The Applicant shall have all approved Mylars previous ly submitted to the City, revised to reflect the as -built conditions . The Applicant shall employ or re tain the Engineer of Record (EOR) du ring the cons truction phase of the project so that the EOR can make site visits in support of preparing “As Built”. However, i f sub sequent 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

4.52 Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements.

Improvements and obligations required shall be either complete prior t o 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 othe r approvals related to the development of this CUP.

4.53 If applicable, p rior 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 Wor ks Completion Agreement guaranteeing the constructi on 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.

4.54 If not a lready completed, p rior 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 mitigation, drainage facilities, retention basin improvements and permanent site BMP ap purtenances (Water Quality Management Plan Covenant). Once

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approved by the City, the Owner of Record shall execute and record such Covenants.

4.55 The Applicant shall submit applicable deposits and/or fees for the cost of reviewing the a pplicable Public Works Completion Agreement(s), WQMP Covenant, Street Light Covenant, Maintenance Co venant, PM-10 Application and/or any other requests or form submittals made by the Applicant related to this CUP.

GRADING

4.56 The Applicant shall c omply with all the provisions of Cathedral City Municipal Codes and Ordinances.

4.57 The Applicant shall obtain a Grading Permit approved by t he Director o f Public Works prior to initiating any construction or on the CUP site.

4.58 To obtain an approved G rading Permit, the Applicant sh all submi t and obtain approval of all of the following:

A. A Precise Grading Plan prepared by a civ il engineer registered in the State of California,

B. (Not applica ble): A preliminary geotechnical (“Soils”) Report prepared by a professional registered in the State of California,

C. (Not applicable): A Fugitive Du st Control Plan prepared in accordanc e 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 P ermit and Storm Management and Discharge Controls),

F. (Not applicable): A revised/updated WQMP prepared by a Qualified Stormwater Poll ution 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 i s not securing a CLOMR the Applicant must verify that the entire Project limits are outside a FEMA d esignated Flood Hazar d Area and/or Area o f Flood Hazard Risk as designated by the latest ap proved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.

4.59 If applicable, all grading shall conform with the recommendations con tained in the Preliminary Soils Report, P hase 1 Environmental Assessment report and shall be

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certified as being adequate by the soils engineer, or engineeri ng geolog ist registered it the State of California.

4.60 (Not applicable): A statement shall appear on the Grading Plan th at a soils report has been prepared in ac cordance with the California Health and Safety Cod e § 17953 and California Government Code § 66490.

4.61 (Not applicable): The Applicant shall fur nish security, in a form ac ceptable to the City, and in an amount sufficient to guarantee compliance with the ap proved Fugitive Dust Control Plan provisions as submitted with its application for a Grading Permit . Additionally, the Applicant shall replenis h said securit y if expended by the City of Ca thedral City to comply with the Fugitive Dust Control Plan as required by the Director of Public Works.

4.62 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabili zed with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.

4.63 Grading within the parkway areas shall conform to Cathedral City requirements except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the back s lope (i.e. the slope at the back of the landscaped lot) which shall not exceed 2:1 if ful ly 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’) o f the curb, otherwis e the maximum slope within the ri ght of way sha ll 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.

4.64 Building pad eleva tions on the Grading or Precise Grading Plan submitte d 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 require d to verify the topographic elevations on CUP as compa red to the existing elevations on the CUP, and in include these elevations on the Final Engineering Plans for the CUP.

b. The verified site elevations may require the addit ion of retainin g walls to secure onsite and/or abutting offsite grades for erosion control and drainage purposes.

4.65 Building pad elevations of perimet er lots shall not differ by more than on e foo t higher from the building pads in adjacent developments. The Applicant shall minimize the differences in elevation between the adjoining properties and this Project.

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Planning Commission Conditions of Approval
December 6, 2023

4.66 If 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’) f rom the elevation shown on the approved Grad ing Plans, the Applicant shall submit the proposed grading changes to the Director of Public Works for a substantial conformance review.

4.67 Prior to the issuan ce of a building permit for any building, the Applicant shall provide a parcel pad cert ification stamped and signed by a qualified engineer or surveyor with applicable compa ction tests and over excavation docume ntation.

Each pad certific ation shall list t he pad elevation as shown on the approved Grading Plan, the actual pad elevation and th e difference between the two, if any.

Such pad certificati on 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.

4.68 This CUP shall comply with the Cathedral City Floodplain Management Ordinance.

If any p ortion of any proposed building parcel in the CUP is or may be lo cated 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 f loors and exterior fill (at the foundat ion) 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 Regulatio ns, Section 645.5(a) (6). Pr ior to issuance of building permits for parcels which are s o located, the Applicant shall furnish Elevation Certifications, as required by FEMA, that t he above condition s have been met.

4.69 If applicable, prior to the issuance of t he Building Permit for any b uilding, the Applicant shall provide to the Director of Public Works a Letter of Map Revision – Fill (LOMR-F) issued by FEMA.

DRAINAGE

4.70 Stormwater handling shall conform to the a pproved Drainage Report for the CUP.

The design of th e Project shall not cause an y increase in flood boundaries, levels or frequencies in any area outside the development.

4.71 Stormwater and nuisance water (drainage) for all phases, shall be retained on site and shall be disposed of in an ap proved manner. Nuis ance water shall be disposed of via on -site storm drains, n ew and existing catch basins, underground percolation piping cham bers, dry well s and retenti on basin(s) as approved by the Director of Public Works.

4.72 All drainage water may be conveyed underground to the satisfaction of the Director of Public Works.

4.73 Storm water drainage historically received from adjoining properties s hall be received and retained and/or passed though into the historic downstream drainage relief route.

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Planning Commission Conditions of Approval
December 6, 2023

4.74 Not applicable: The Ap plicant shall comply with applicable provisions for po st construction runoff per the City’s NPDES Stormwater Discharge Permit; Riverside County Ordinance No. 457; t he Californian Regional Water Quality Contro l 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 po st-construction, urban runoff from New Dev elopment 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 a pproved revised/updated Water Quality Management Plan (WQMP) for t he project as require by the California Regional Water Quality Control Board – Colorado River Ba sin (CWQRCB - CRB) Region Board Order No. R7-2013-0011.

B. The Applicant s hall 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

4.75 If 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 inclu ding, but not limite d to, traffic si gnal cabinets, electrical vaults, water valves, and telephon e stands, to ensure optimum placement for pract ical and aesthetic purposes.

4.76 All service runs and proposed new utilities shall be installed underground , per the utility purveyor standards and as approved by the Director of Public Works.

4.77 When 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.

4.78 Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved street s, the Applicant shall compl y with trench restoration requirements required by the Director of Public Works.

4.79 The Appl icant shall provide certified reports of all utility trench compaction for approval by the Director of Public Works.

4.80 All facilities within th e CUP shall be served with a gravity sanitary sewer syste m (or as cited in Condition 4.1 5), a do mestic water system and a fire p rotection system in accordance with DWA and City of Cathedral City Fire Departm ent requirements and standards. Applicant sha ll pay to th e City and DWA all applicable sewer and water se rvice charges, capacity cha rges and con struction

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Planning Commission Conditions of Approval
December 6, 2023

reimbursements to ensure all services are complete, in place and operational prior to the respective COO being issued.

4.81 The Applicant shall aband on or reloca te existing easements over CUP prior to issuance of the COO as required by the agency a nd/or individual favored and a s approved by the Director of Public W orks. Additionally, the Applicant shall relocate ex isting utility facilities that are re quired by al l utility purv eyors 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 th e California Code of Regulations are shown as CCR.

AGENCY APPROVALS

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

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

FIRE ACCESS

5.3 A 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.

5.4 Fire 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

5.6 Portable 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.

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Planning Commission Conditions of Approval
December 6, 2023

MISCELLANEOUS

5.7 Means of egress shall be in compliance with CFC Chapter 10, to include signs and door locking mechanisms.

5.8 The doors must be operable from the inside of the building for occupant exiting.

Surface latches and security bars are not permitted.

5.9 Where applicable, a National Fire Protection Association (NFPA) 704H Diamond shall be installed.

5.10 Hazardous materials use and storage , if applicable, shall comply with the California Fire Code and NFPA Standards.

5.11 Extension cord and flexible cords shall not be used as a substitute for permanent wiring (2022 CFC § 604.5).

5.12 Address 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).

5.13 Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign made of durable material stating ELECTRICA L ROOM. The signage shall be in white letters on red background.

5.14 Access 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.

5.15 All equipment, including generator shall be UL compliant.

SECTION 6 BUILDING DEPARTMENT

6.1 Shall comply w ith the latest adopted edition of the following codes as applicable:

A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code

6.2 Refer to Fire Marsh al’s comments regarding Fire and Smoke Suppression Systems.

6.3 The 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.

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Planning Commission Conditions of Approval
December 6, 2023

6.4 Any temporary building, trailer, commercial coach, etc. installed and /or used in connection with a construction project shall comply with City Code.

6.5 All signs shall be Underwriters Laboratories approved, or equal.

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

6.7 All exterior lighting shall be ori ented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

6.8 If hazardous substances are used and/o r 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 propose d materials, their quantities, classifications, and the effects of any chemical (material) in ter-mixing in the event of an accident or spill.

6.9 Please be aware a Cons truction Waste Management Plan (CWMP) will b e required at time of plan check submittal.

6.10 Separate 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.

6.11 Additions to Non -Residential buildings shall comply with CA Energy Code Section 141.0.

Approved for Planning Entitlements by the Cathedral City Planning Commission on September 20, 2023.

Attest: Applicant:

___________________________ _________________________ Melody Arechiga
Associate Planner

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Attachment: Attachment No. 1 - Conditions of Approval [Revision 1] (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 2 - Existing Site Plan (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 3 - Proposed Site Plan (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 4 - Existing Floor Plan (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 5 - Proposed Floor Plan (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 6 - Existing Elevations (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 7 - Proposed Elevations (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)

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Attachment: Attachment No. 8 - Rendering (4029 : Conditional Use Permit No. 23-003 and Variance 23-004) BA
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77-899 WOLF RD.PH. (760) 777-9131FAX (760) 777-9132PALM DESERT, CALIC# 2754, EXP 04/30/2492211HERMANN CATHEDRAL CITY, CADESERT KUSHDESIGNGROUPSUITE 102 PRELIMINARY LANDSCAPE PLAN

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Attachment: Attachment No. 9 - Landscape Plan (4029 : Conditional Use Permit No. 23-003 and Variance 23-004)