SECTION 1 ADMINISTRATIVE CONDITIONS
1.1 Design Review 23- 001 is approved to allow the development of a 19 -unit residential apartment project, including site improvements on an approximately
0.68-acre site within the DRN zone district.
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 the Director of Development Services and/or the Director of Engineering/Public Works, as appropriate, prior to approval of the construction drawings.
1.3 Prior to issuance of a building permit the Applicant or Developer shall sign the approved Conditions of Approval which shall certify that the Applicant or Developer agrees to implement all Conditions of Approval.
1.4 A copy of all pages of these conditions shall be printed onto the first page of the construction drawings.
EXPIRATION DATE: MARCH 20, 2026
-REVISED BY THE PLANNING COMMISSION-
PROJECT LOCATION:
SILVER ROCK DEVELOPMENT, INC.
ETHAN MEZRAHI
CONDITIONS OF APPROVAL
DESIGN REVIEW NO. 23-001
CITY OF CATHEDRAL CITY
PLANNING COMMISSION
Design Review 23-001
Planning Commission Conditions of Approval
March 20, 2024
1.5 This approval shall be valid for two years from date of approval, unless extended pursuant to the Zoning Ordinance.
1.6 No Certificate of Occupancy shall be granted until all Conditions of Approval have been completed and approved by the Director of Development Services , Director of Engineering/Public Works, and Fire Chief unless otherwise identified herein.
1.7 The development of the site shall conform to all ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code in effect prior to issuance of any building permits.
1.8 All conditions herein shall be met prior to the issuance of a grading or building permit.
1.9 The Developer shall defend, indemnify and hold harmless the City of Cathedral City, its officials, employees and agents, from and against any liability whatsoever related to the approval of this Design Review and any other permits or approvals issued related to this Design Review.
SECTION 2 FEES
2.1 The Applicant shall pay all applicable City of Cathedral City fees, charges and other costs such as development impact fees as prescribed by City Ordinance.
The applicant is hereby advised that the fees may change at the time they become due and payable, as permitted by applicable law.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the 90- day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this 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 timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project. It further does not apply to any fees, dedication, reservations, or exactions for which the applicant has been given a notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired.
SECTION 3 PLANNING
3.1 If the project is proposed to be constructed in phases, a phasing plan shall be submitted for review and approval. The phasing plan shall outline the approximate construction timeline for buildings, infrastructure, landscaping, open space, common amenities, and other site improvements.
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Planning Commission Conditions of Approval
March 20, 2024
3.2 Prior to the issuance of a building permit, the Applicant shall alleviate the negative yearly impact on the City’s General Fund from residential development for police, fire, paramedic, and park maintenance and general services by annexing into Community Facilities District (CFD) No. 2006- 1 having an annual special tax equal to the yearly cost of providing General Fund services as calculated and determined by the City of Cathedral Finance Department.
3.3 Prior to the issuance of building permits, a Final Landscape Construction Plan, prepared by a licensed landscape architect, and signed by the local water purveyor, shall be submitted to the Planning Department for review and approval. The Final Landscape Construction Plan shall contain the following required information:
a. A title block with sheet number, site address and APNs, date of preparation, and name, address, and phone number of Applicant or Developer on all sheets.
b. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
c. Show use of concrete mow strip between turf and other surfaces. d. Clear indication where landscaping will be used to screen mechanical, electrical, and irrigation equipment.
e. A plant landscape legend, including a specific symbol for each plant species used, size (i.e., caliper, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
f. Show all location of mechanical, electrical, and irrigation equipment and landscaping that will screen from public view.
g. A detail showing planter design adjacent to walkways and driveways that is designed to prevent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two- inch vertical separation between the pavement and the soil.
h. Plant and tree installation and staking details. Plant and tree installation and staking details that require single trunk trees to be double staked and multi- trunk trees to be staked appropriate to the species of tree. i. Details, specifications, and location of all pavers and decorative surface materials used on the site. Samples of crushed rock material or Design Review 23-001
Planning Commission Conditions of Approval
March 20, 2024
decomposed granite materials shall be submitted to the Planning Department for approval.
j. All decorative surface materials shall be approved by the Director of Development Services before issuance of any permits.
k. Landscaping and irrigation shall be provided along the street frontage. l. Landscape plans shall meet the requirements of the City of Cathedral City’s Water Efficient Landscape Ordinance.
m. All plant materials used on the project site shall be those listed in the most recent version of Coachella Valley Water District’s “Lush & Efficient Landscape Gardening in the Coachella Valley”.
n. An Irrigation Plan with equipment details.
3.4 Site landscaping shall comply with the City Design Guidelines and Water Conservation policies and rules regardless of whether the items are illustrated on the Construction Landscape Plans:
a. Plants and trees shall be primarily of drought tolerant species compatible with the desert environment.
b. At least 50% of the trees shall be evergreen species. c. All trees in parking lots shall be centered between parking spaces to provide optimal shading.
d. All single trunk trees shall be double staked and multi -trunk trees shall be staked appropriate to the species of tree.
e. Arbor guards shall be installed around trees in turf areas. f. Projects located along major arterials and/or streets shall comply with the street tree requirements of the City’s Design Guidelines. g. Planter areas shall be surrounded by a concrete mow strip or other hard surface.
h. All ground- mounted equipment, such as mechanical, electrical, and irrigation equipment (backflow preventers), shall be located within a landscape planter. This equipment shall not be located within a turf area and shall not be visible from public view.
i. Any drain that terminates in a planter shall have a splash guard.
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j. All palm trees shall have a brown trunk height of between a minimum of 10 – 20 feet, varied to the satisfaction of City staff. k. All 36-inch box trees or greater shall be verified as to size by the project planner prior to being planted. It is the responsibility of the contractor and/or Applicant to make an appointment with the project planner to conduct this verification.
3.5 All landscaping shall be continuously maintained. Trees, shrubs, ground covers, etcetera, shall be watered and permanently maintained. All dead vegetation shall be removed and replaced in a timely manner.
3.6 Where landscaping is required for off -street parking areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be required to regulate vehicular traffic and to protect plant materials from vehicles. Such curbing height shall be at least six inches. Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and said curbing is needed to retain water. Overflow devices which drain under sidewalks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb.
3.7 The Applicant shall contact the Planning Department 90 days after issuance of a Certificate of Occupancy to arrange for a follow -up on- site inspection to ensure that all plant material is being maintained consistent with the approved Exhibit “A”.
3.8 Redwood headers are specifically prohibited from use on the project site for landscaping or as a permanent condition for other uses.
3.9 All lighting on site shall comply with Chapter 9.89 of the Municipal Code relative to outdoor lighting including fixtures that direct lighting downward.
3.10 The Applicant shall submit an exterior Lighting Plan in compliance with CCMC Chapter 9.89, including a photometric analysis, to the Director of Development Services for review and approval prior to issuance of a building permit. The Lighting Plan shall also identify the following:
a. The type of fixtures, including height, material, and color.
b. That the total height of all freestanding lighting fixtures will not exceed 18 feet.
c. That all concrete fixture bases will have a decorative finish.
At a minimum, a trowel finish shall be provided.
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d. That the bolts connecting the light fixture to the base will be covered.
3.11 All 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 Director of Development Services 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.
3.12 Property addresses or building identification signs shall be placed on all new and existing buildings so as to be plainly visible from the public street. Said signs shall be a minimum of 12 inches in height on commercial buildings and six inches in height for residential buildings. Numbers shall be internally illuminated.
3.13 Signage for the proposed project is not part of this approval and shall require a sign permit, prior to the issuance of a Certificate of Occupancy.
3.14 Trash enclosures shall be constructed as shown in Exhibit A and to City standards.
3.15 All exterior walls facing a public street or public area shall have a decorative surface and a decorative cap that is consistent with the overall architecture.
3.16 Building and landscaping shall be maintained in a condition that substantially complies with this approval.
3.17 All breaker boxes, fire sprinkler risers, and utility conduits shall be interior to the building.
3.18 All roof drains and downspouts shall be on the interior of the building or within an enclosure that is in integrated into the building design as approved by the Planning Department with decorative drain terminations. Exposed drainpipes are specifically prohibited.
3.19 All drain terminations shall be from the Watts Drainage Product RD -940 or a product of equal value.
3.20 Contractor must divert at least 75 percent of all demolition waste to a recycling facility. The reuse of materials is considered an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager
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3.21 Prior to the issuance of a Certificate of Occupancy, the applicant shall submit all weight tickets associated with trash and recycling disposal to be approved by the Environmental Conservation Manager.
3.22 Prior to issuance of a building permit, the applicant shall provide three (3) accessible parking spaces in full satisfaction of the Americans with Disabilities Act. Revisions to the parking plan shall be approved by the Building and Safety Division.
3.23 Prior to issuance of a grading permit, the Applicant shall coordinate with the property owner to the west for the removal and/or relocation of the fencing and trash enclosure encroachments.
3.24 The applicant shall revise the southern and western elevations to include additional shading for south-facing windows. Possible treatments could include window eyebrows, in- set windows, canopies, or a combination of window treatments such as fixed- overhangs, eyebrows, awnings, vertical fins, or window films. Treatments shall be approved by the Development Services Director and/or their designee. (Revised by the Planning Commission on March 20, 2024)
3.25 If during excavation, grading or construction, artifacts or other archaeological resources are discovered, all work in the immediate area of the find shall be halted and the applicant shall immediately notify the Director of Development Services . A qualified archaeologist, meeting the Secretary of the Interior’s professional qualifications standards for archaeology, shall be called to the site by, and at the expense of, the applicant to identify the find and propose mitigation if the resource is culturally significant.
(Added by the Planning Commission on March 20, 2024)
3.26 New - The applicant shall construct a solid 6’ block wall along the western property line to separate the project from the adjacent convenience store. Materials for the block wall shall be consistent with the materials used for the retaining wall. (Added
by the Planning Commission on March 20, 2024)
SECTION 4 ENGINEERING / PUBLIC WORKS
4.1 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Design Review No. 23-001 (DR) and corresponding Site Plans (Plans). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the Applicant of any claim, action or proceeding and shall cooperate fully in the defense.
Design Review 23-001
Planning Commission Conditions of Approval
March 20, 2024
4.2 This DR shall expire two years after the City Planning Commission approval date, unless granted a time extension pursuant to Cathedral City Municipal Code
9.78.100.
4.3 This DR shall comply with all applicable terms, conditions and/or mitigation measures for the following approvals:
A. DR No. 23-001.
B. Downtown Residential Neighborhood 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.
4.4 All conditions herein shall be met prior to the Engineering and/or Encroachment Permits issuance for the DR 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.
4.5 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 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.
The Applicant is responsible for all the requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the Applicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
Design Review 23-001
Planning Commission Conditions of Approval
March 20, 2024
4.6 If applicable, the Applicant shall be responsible for completing all DR 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 DR.
4.7 DR approved erosion control Best Management Practices (BMPs) shall remain in effect for the entire duration of DR construction until all improvements are completed and accepted by the City.
4.8 The Applicant shall be responsible for blow sand, debris, trash, rubbish and deleterious material removal in all areas of the DR’s Cove Lane and Grove Street frontages, including gutter pans, sidewalks, parkways, right -of-way and all other 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 DR. The Property Owner of Record shall include these responsibilities into the daily maintenance of the site for perpetuity and record a Mutual Maintenance Covenant on the DR’s merged Parcel, after the Covenant’s review and approval by the Director of Public Works.
4.9 Approval of this DR 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.
4.10 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by 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 the 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 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 the Applicant’s failure to make such payment shall 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 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 Design Review 23-001
Planning Commission Conditions of Approval
March 20, 2024
obligation shall be paid in the time noted above without deduction or offset and the Applicant’s failure 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 acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed DR. 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.
4.14 Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entities over easements and other property rights necessary for construction and proper functioning of the proposed DR 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 shall record the Maintenance Covenant described in Condition 4.8., on the merged DR parcel prior to issuance of the COO.
ii. The Property Owner of Record shall record the Street Light Covenant described in Condition 4.23 on the merged DR parcel prior to the issuance of the first COO.
iii. A Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Covenant ( as part of the WQMP) described in Condition 4.2 5.ii shall be recorded on the merged DR parcel prior to issuance of the first COO.
4.15 The Applicant shall retain for private use in this DR 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, DR and/or as required by the Director of Public Works.
4.16 The Applicant shall design and construct the DR’s private parking lot pavement sections using Cal Trans’s design procedure for 20- year life pavement, and the site-specific data for soils strength and anticipated traffic loading (including construction traffic). Minimum structural sections, with asphalt placed in two lifts, shall be as follows:
i. Parking Lot and Drive Aisles surfacing:
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1. 3.0” a.c./4.5” class II base with 12” at 95% compaction; or
2. 6.0” P.C.C. with wire mesh/4.5 class II aggregate base at 95% compaction.
ii. Cove Lane frontage access:
1. The Applicant shall construct two (2) 24-foot-wide and 2 (2) 26-foot- wide, respectively, City Standard 200- B modified commercial driveway approaches, as generally shown on the DR’s Plans and to be shown on the final engineering plans, to the satisfaction of the Director of Public Works.
iii. Striping, legends and signage:
1. Apply striping, legends and place signage within the entire parking lot and drive aisles to be shown on the final engineering plans.
Final striping, legend and signage layout shall be approved by the Director of Public Works.
4.17 The entry/exit driveways on the south side of Cove Lane fronting the DR, as shown on the DR’s Plans and as part of these Conditions of Approval, shall provide ingress /egress for residents and guests. Any modification to the driveway(s), including later additions of a gate system related to vehicle and /or pedestrian access, will require the approval of the Director of Public Works and/or the Director of Development Services.
4.18 Not used.
4.19 Not used.
4.20 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, to be shown on the final engineering plans, subject to the approval of the Director of Public Works.
4.21 The 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 DR as shown on the final engineering plans to the satisfaction of the Director of Public Works.
4.22 The 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.
4.23 Frontage Public Street Light:
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a. The Applicant shall coordinate and pay all cost necessary for the installation of the below detailed City and Southern California Edison (SCE) approved LED street light with SCE and to take over all related expenses, including the monthly electrical expense for the street light installed prior to the issuance of the COO.
The Applicant shall execute a Street Light Covenant and be reviewed and approved by the Director of Public Works prior to recordation.
1) Install one (1) 29 LED equivalent wattage LED street light per Cathedral City, Riverside County and SCE Standards along the DR’s Cove Lane frontage, approximately 200 feet east of the intersection of Cathedral Canyon Drive and Cove Lane, with the final location to be approved by the Director of Public Works prior to the issuance of the COO.
2) Install one (1) 29 LED equivalent wattage LED street light per Cathedral City, Riverside County and SCE Standards along the DR’s Grove Street frontage, approximately 4 00 feet east of the intersection of Cathedral Canyon Drive and Grove Street , with the final location to be approved by the Director of Public Works prior to the issuance of the COO.
4.24 The Applicant shall coordinate and pay all cost necessary for the undergrounding and removal of all, and not limited to, aerial wires, power lines, telephone wires, cable lines, communication equipment, pole under burden and respective poles that are within this DR, 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 coordinate all undergrounding of all existing aerial facilities along the DR’s north Cove Lane frontage, from property line to property line, with each respective utility, service provider and adjacent properties owners, respectively, to ensure that all aerial lines are removed/undergrounded and to be shown as such on the DR’s final engineering Plans.
4.25 Applicant will design and install stormwater drainage facilities prior to the issuance of the DR’s COO as follows:
i. T he Applicant will design and construct facilities to capture all onsite nuisance and stormwater, with breakout facilities, w ithin the paved and landscaped areas of the DR, per Cathedral City Municipal Code requirements and other conditions specified in the DR’s Hydrology Study and generally shown on the entitlement engineering plans. These cited facilities will be shown on the final engineering Plans and constructed subject the approval of the Director of Public Works.
ii. The Owner of Record shall execute and record a Water Quality Management Plan and Urban Runoff Best Management Practices Design Review 23-001
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Transfer, Access and Maintenance Covenant with the City (as part of the WQMP) on the merged parcel of the DR prior to the issuance of the COO.
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.
4.26 Not used.
4.27 When the Director of Public Works determines that access rights to the proposed street rights-of-way shown on the DR’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.
4.28 Where 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.
4.29 The Applicant shall cause all missing property corners and survey monuments within the boundaries of the DR to be set and file the required Record of Survey prior to the issuance of the COO.
4.30 The 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.
4.31 The Applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the DR and the date of issuance of the COO, unless such easement is approved by the Director of Public Works.
4.32 The 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.
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4.33 Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Public Works.
4.34 All improvements will be subject to City requirements for inspection during construction.
4.35 The 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.
4.36 When applicable, the Applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed DR 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
4.37 The Applicant shall construct and dedicate the following street improvements to conform to the General Plan:
A. PUBLIC STREETS
1) Cove Lane – Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a) Cove Lane is a public roadway and is designated as a Local Roadway with a 40-foot ROW.
b) Cove Lane measured at curb to curb shall have a 28-foot street width.
c) The Applicant shall crack seal and apply Rubberized Emulsion Asphalt Slurry (REAS) on Cove Lane from centerline to the DR’s north curb face (approximately 14 feet) along the entire length of the DR’s north frontage (west to east DR’s property lines).
d) 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 Design Review 23-001
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drains, and all other appurtenances as required to the satisfaction of the Director of Public Works.
e) Construct, repair and/or replace all existing damaged fronting street, sidewalk, curb and gutter to uniformly connect to existing adjacent improvements east and west of the DR along the Cove Lane frontage to the satisfaction of the Director of Public Works.
f) Cove Lane shall have A -6 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.
g) The Cove Lane frontage shall have a minimum 5-foot-wide concrete sidewalk adjacent the curb per RC Standards, with all required ADA ramps and utility offsets, as generally shown on the Plans and as approved by the Director of Public Works.
h) 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.
2) Grove Street - Public roadway as shown on the Plans and per these Conditions of Approval shall include the following:
a) Grove Street is a public roadway and is designated as a Local Roadway with a 40-foot ROW.
b) Grove Street measured at curb to curb shall have a 28- foot street width.
c) The Applicant shall crack seal and apply Rubberized Emulsion Asphalt Slurry (REAS) on Grove Street from centerline to the DR’s south curb face (approximately 14 feet) along the entire length of the DR’s south frontage (west to east DR’s property lines).
d) 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.
e) Construct, repair and/or replace all existing damaged fronting street, sidewalk, curb and gutter to uniformly connect to existing adjacent Design Review 23-001
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improvements east and west of the DR along the Grove Street frontage to the satisfaction of the Director of Public Works.
f) Grove Street shall have A -6 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.
g) The Grove Street frontage shall have a minimum 5- foot-wide concrete sidewalk adjacent the curb per RC Standards, with all required ADA ramps and utility offsets, as generally shown on the Plans and as approved by the Director of Public Works.
h) 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.
4.38 The Applicant shall design street pavement sections (and repaired 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) Residential Roadway: 3.0” a.c./4.5” 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.
4.39 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.
4.40 Not used.
4.41 Not used.
4.42 Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the Director of Public Works.
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Planning Commission Conditions of Approval
March 20, 2024
4.43 The 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 DR and to be shown on the final engineering Plans subject to the approval of the Director of Public Works.
4.44 All public and private improvements shall be subject to City requirements for inspection during construction.
4.45 The 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.
4.46 Improvement plans shall be prepared, for each phase (if applicable), 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.
4.47 The following improvement plans, for each phase (if applicable), shall be prepared and submitted for review by the Engineering Department. A separate set of plans for each line item specified below, for each phase, shall be prepared. The plans shall utilize the minimum scale specified, unless authorized by the Director of Public Works. Plans may be prepared at larger scale if additional detail or plan clarity is desired.
NOTE: The Applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors.
NOTE: All 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 Show improvements on Precise Grading Plan C. PM 10 Plan Plan submitted in report form
D. Erosion Control Plan 1” = 10’ Horizontal
E. WQMP Plan in required binders (2 sets and PDF form)
NOTE: A and E to be submitted concurrently.
NOTE: Precise Grading Plan shall normally include perimeter wall with Top of Wall Design Review 23-001
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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 Not required
H. Signal Plan (N/A) Not required
I. Monumentation Plan 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: Where applicable, s eparate 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.
4.48 The Applicant shall furnish accurate Mylars of all improvement plans, for each phase (if applicable), to the Director of Public Works for approval. The improvement plans, for each phase, shall be of a scale approved by the Director of Public Works.
4.49 The Applicant shall furnish a copy of all approved improvement plans, for each phase (if applicable), on an electronic storage media acceptable to the Director of Public Works.
4.50 Upon completion of construction of each phase (if applicable), and prior to final acceptance of the improvements by the City, the Applicant shall furnish the City with reproducible record drawings, for each phase (if applicable), 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 Design Review 23-001
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(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
4.51 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 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 DR or fails to satisfy its obligations for this DR 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 DR.
4.52 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.
4.53 Prior to the improvement plans approval, the Applicant shall submit for review and City approval 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 appurtenances (Water Quality Management Plan Covenant). Once approved by the City, the Owner of Record shall execute and record such Covenants.
4.54 The 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 DR.
GRADING
4.55 The Applicant shall comply with all the provisions of Cathedral City Municipal Codes and Ordinances.
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4.56 The Applicant shall obtain a Grading Permit approved by the Director of Public Works prior to initiating any construction or on the DR site.
4.57 To obtain an approved Grading Permit, the Applicant shall submit and obtain approval of all of the following:
A. A Grading Plan prepared by a civil engineer registered in the State of California,
B. A preliminary geotechnical (“Soils”) Report prepared by a professional registered in the State of California,
C. A Fugitive Dust Control Plan prepared in accordance with City of Cathedral City requirements,
D. An Erosion Control Plan prepared in accordance with City of Cathedral City requirements,
E. If applicable, a Best Management Practices report prepared in accordance with Cathedral City requirements (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls),
F. A WQMP prepared by 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 Risk as designated by the latest approved FEMA FIRM Map and in accordance with the City of Cathedral Municipal Code Chapter 8.24.
4.58 All grading shall conform with the recommendations contained in the Preliminary Soils Report, Phase 1 Environmental Assessment report (if applicable) and shall be certified as being adequate by the soils engineer, or engineering geologist registered it the State of California.
4.59 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.
4.60 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 Design Review 23-001
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Cathedral City to comply with the Fugitive Dust Control Plan as required by the Director of Public Works.
4.61 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan.
4.62 Grading within the parkway areas shall conform to Cathedral City requirements except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the back slope (i.e. the slope at the back of the landscaped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.
4.63 Building 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.
4.64 Building 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.
4.65 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.
4.66 Prior 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.
4.67 This DR shall comply with the Cathedral City Floodplain Management Ordinance.
If any portion of any proposed building parcel in the DR 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 Design Review 23-001
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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.
4.68 If 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
4.69 Stormwater handling shall conform to the approved Hydrology and Drainage Report for the DR. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.
4.70 Stormwater 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 percolation piping chambers, dry wells and retention basin(s) as approved by the Director of Public Works.
4.71 All drainage water shall be conveyed underground to the satisfaction of the Director of Public Works.
4.72 Storm water drainage historically received from adjoining properties shall be received and retained and/or passed though into the historic downstream drainage relief route.
4.73 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. 2010- 0014-DWQ and Order No. 2012-0006-DWQ.
A. For post -construction, urban runoff from New Development and Redevelopment Projects, the A pplicant 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.
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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
4.74 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.
4.75 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.
4.76 As cited in Condition 4.24, 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.
4.77 Underground 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.
4.78 The Applicant shall provide certified reports of all utility trench compaction for approval by the Director of Public Works.
4.79 All facilities within the DR shall be served with a gravity sanitary sewer system, a domestic water system and a fire protection system in accordance with DWA and City of Cathedral City Fire Department requirements and standards. 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.
4.80 The Applicant shall abandon or relocate existing easements over DR 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
This project has been reviewed as a “Group R” type occupancy, any other use will require further review.
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Planning Commission Conditions of Approval
March 20, 2024
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. The City of Cathedral City enforces the California Code of Regulations (CCR), Title 24, Part 9, 2022 California Fire Code with local amendments, and the CCFD Development Guidelines. In addition, CCR Title 19 requirements may be applicable. The design professional should refer to these provisions for guidance when developing project drawings and specifications. 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
5.1 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 A clear scope of operations shall be provided on the architectural plan cover sheet.
5.3 All deferred submittals (when approved to be deferred) shall be listed on the cover sheet of the architectural plan.
5.4 Occupancy separation, if required, shall comply with 2022 CA Building Code Table 508.4.
5.5 This project is subject to review and approval in accordance with the CCR, Title 19 for Fire and Life Safety.
5.6 This project is subject to an annual inspection and permit from the Cathedral City Fire Department for this type of occupancy (use).
LIFE SAFETY AND FIRE PROTECTION SYSTEMS
5.7 A fire access plan shall be submitted to the Cathedral City Fire Department for review and approval. This plan shall demonstrate access to and around all portions of the proposed structures to within 150 feet of an approved access road. The plan shall indicate all existing and proposed fire hydrants for the project.
5.8 A water availability/fire flow test shall be conducted and the minimum fire flow shall be available for the project.
5.9 Architectural plans shall be submitted to the Cathedral City Building Department for review and approval.
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5.10 Prior to the issuance of a Certificate of Occupancy, "No Parking - Fire Lane" signs, red curbing, street signs and other required markings shall be provided to the specifications of the Cathedral City Fire Department in accordance with the CFC, Section 503.3 and California Vehicle Code Section 22500.1.
5.11 In accordance with the CFC, Section 503, security gates (where required), shall be installed with approved automatic devices and/or key switches to allow Fire access and egress pursuant to the Cathedral City Fire Department guidelines.
5.12 Install Knox key box and/or Knox key switch/padlock for vehicle gate (if applicable) for Fire Department access in accordance with CFC Section 506.
5.13 Means of Egress shall be in compliance with the 2022 CA Building Code Chapter 10 with a scaled, measured emergency egress plan provided as part of the architectural plan for review.
5.14 Fire extinguishers are to be installed throughout the facility, covering a floor area of not more than 1,500ft2 at a maximum of 75ft travel distance and have a minimum rating of 2-A:10-B:C in accordance with the 2022 CA Fire Code Section 906.
5.15 Plans for the fire sprinkler system shall be submitted for approval and shall meet the design requirements of NFPA 13
5.16 Plans for the fire alarm system shall be submitted for approval and shall meet the design requirements of NFPA 72.
SECTION 6 BUILDING DEPARTMENT
6.1 Shall comply with the latest adopted edition of the following codes as applicable:
A. California Building Code
B. California Electrical Code
C. California Mechanical Code
D. California Plumbing Code
E. California Energy Code
F. California Fire Code
G. California Green Building Standards Code
6.2 Refer to Fire Marshal’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.
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 oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties Design Review 23-001
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PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
6.8 If 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 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.
6.9 Minimum 5% accessible parking required for Unassigned Accessible Parking, CBC1109A.3.
A. One of each type required – one accessible and one Van (proposed layout only includes one van parking)
6.10 Private Garage, Van Accessible parking space.
A. Minimum height 8’2” CBC1109A.5
i. All entrances, exits and vehicular passageways to and from required accessible parking spaces within parking facilities, shall have a minimum vertical clearance of 8 feet 2 inches (2489 mm) from the floor to the lowest projection of the ceiling.
6.11 Roof Plan, Page A1.4, Note “6” - Roof Hatch
A. Hatch located less than 10ft from roof edge. CBC1015.7 requires Guard i. Guards shall be provided where the roof hatch opening is located within 10 feet (3048 mm) of a roof edge or open side of a walking surface and such edge or open side is located more than 30 inches (762 mm) above the floor, roof or grade below. The guard shall extend not less than 30 inches (762 mm) beyond each end of the hatch parallel to the roof edge.
The guard shall be constructed so as to prevent the passage of a sphere 21 inches (533 mm) in diameter.
Approved for Planning Entitlements by the Cathedral City Planning Commission on March 20, 2024.
Attest:
Ivana Velasco Ethan Mezrahi, Applicant
Contract Planner