HomeMy WebLinkAboutCC Reso 2020-49 • RESOLUTION NO. 2020-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY DENYING AN APPEAL AND
AFFIRMING CONDITIONAL USE PERMIT NO. 19-013
FOR THE OPERATION OF A CANNABIS BUSINESS AT
36555 BANKSIDE DRIVE (APN 687-311-027)
WHEREAS, Applicant, Medicinal Healing, applied for a Conditional Use Permit to
operate a cannabis business (cultivation, manufacturing and distribution) in a
building to be constructed at 36555 Bankside Drive (the "Project"); and
WHEREAS, on July 15, 2020, the Planning Commission ("Commission") conducted a
public hearing to consider the Project and associated CEQA Class 32 (In-fill
Development Projects) Categorical Exemption, and approved the Project and found it
categorically exempt from CEQA review; and
WHEREAS, on July 23, 2020, Ernest J. Guadiana, representing Kings Garden Inc.
and CK Endeavors, Inc., submitted an appeal of the Planning Commission's
decision, and;
WHEREAS, on September 9, 2020, the City Council conducted a duly noticed public
hearing, to consider the appeal of the Planning Commission decision to approve the
Project, and received and considered oral and documentary evidence in favor of or
opposed to the Project, and upon the conclusion of the public hearing voted to deny
the appeal and affirm the Planning Commission's approval of the Project, and
directed staff to bring back a resolution to that effect.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CATHEDRAL CITY AS FOLLOWS:
Section 1. Record of Proceedings. The City Council finds that the above recitals
are accurate and constitute findings in this matter and, together with the Staff
Report and the application materials, development plan, and all other documents,
reports, studies, memoranda, maps, oral and written testimony, and materials in
the City's file for the Project, and all adopted City planning documents relating
to the Project and the property including the City's General Plan, Zoning Ordinance,
and other applicable City laws and regulations, have together served as a
substantial evidentiary basis for the findings and actions set forth in this Resolution.
Section 2. CEQA Findings. The City Council finds that the Project is categorically
exempt from review under the California Environmental Quality Act (CEQA) under
Section No. 15332, (Class No. 32, In-fill Development Projects) of the State CEQA
Guidelines, based on the following:
a) The Project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations.
Evidence: The Project site is designated in the General Plan as Business Park,
which permits light industrial and related uses. A cannabis business is consistent
with the General Plan land use designation for the site, and the Project is not in
conflict with any General Plan policies. The Project site is zoned CBP-2, which
allows cannabis businesses with a conditional use permit. The Project meets all
applicable development standards.
b) The Project occurs within city limits on a project site of no more than five
acres substantially surround by urban uses.
Evidence: The Project site is 1 acre, within the City limits of the City, and
surrounded by existing development.
c) The Project site has no value as habitat for endangered, rare or threatened
species.
Evidence: The Project site is already developed with cannabis uses and
surrounded by existing business park / light industrial development. It has no value
as habitat.
d) Approval of the Project would not result in any significant effects relating to
traffic, noise, air quality, or water quality.
Evidence: The Project, consistent with other cannabis businesses in the City, will
generate negligible traffic. Cannabis businesses do not generate noise. Low traffic
volumes will keep air quality impacts less than significant, and the Project is required
to install equipment to ensure odor impacts are less than significant. The Project
must comply with all applicable water quality regulations.
e) The Project site can be adequately served by all required utilities and public
services.
Evidence: The Project site is currently served by all required utilities and public
services.
Section 3. Conditional Use Permit Findings. The City Council finds that the
findings required by Cathedral City Municipal Code sections 9.72.010 and 9.108.060
for Conditional Use Permit No. 19-013 can be made as follows:
a) The use applied for at the location set forth in the application is properly one
for which a conditional use permit is authorized, and all of the applicable locational
restrictions in Section 9.108.090 are satisfied.
Evidence: The Project is a cannabis business, which is allowed with a conditional
use permit in the CBP-2 zone. The Project site is located at 36555 Bankside Drive,
which is in the CBP-2 zoning district. This site is not located within 600 feet of a
school, day care center, or youth center, within 300 feet of a residential zone, or
within 250 feet of East Palm Canyon Drive.
b) The use 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.
Evidence: 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, are consistent with the general plan, and will not be
detrimental to other uses in the zones. The Project site currently contains another
cannabis business (cultivation), so the Project is compatible with the exiting use on
site. The Project is not detrimental to the existing cannabis cultivation business on
the site because the Project provides sufficient parking spaces for both the Project
and the existing business. There is evidence of historical reciprocal use of the
driveway on the adjacent property to the north that provides access to a portion of
the required parking, and condition of approval 4.12 requires the applicant to secure
the right to utilize said driveway in the event that it does not already exist.
c) The site for the intended use is adequate in size and shape to accommodate
such use 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.
Evidence: The Project site is adequate in size and shape to accommodate the
proposed cannabis business and all of the applicable development standards,
including parking, yards, setbacks walls or fences, landscaping and other features
are satisfied. The Project satisfies the parking standards because it provides the
required number of parking spaces accessible by driveways. The applicant is
required to secure the right to utilize the existing driveway to the north of the property
line in the event that such right does not already exist.
d) The site for the proposed uses 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.
Evidence: The Project site is on Bankside Drive, which connects to East Palm
Canyon Drive, a primary collector street. Both Bankside Drive and East Palm
Canyon Drive have adequate capacity to serve the limited traffic that will be
generated by the Project.
e) The applicant agrees to comply with any and all of the conditions imposed by
the review authority or be subject to a revocation hearing.
Evidence: The applicant has agreed to the conditions of approval. The conditions
of approval and the Cathedral City Municipal Code provide a remedy of revocation if
one or more conditions are not satisfied.
f) The cannabis business as well as all operations as conducted therein, fully
comply with all applicable building, electrical, zoning and fire codes, accessibility
requirements of the Americans with Disability Act, and all relevant city and state law.
Evidence: The site and floor plans submitted for the Project have been reviewed
by the appropriate City staff and, as conditioned herein, the Project will comply with
all relevant building codes, zoning requirements, and the ADA.
g) The cannabis business fully complies with and meets all operating criteria
required pursuant to state laws, Chapter 5.88 of the Cathedral City Municipal Code,
any other provisions of the Code, and any specific, additional operating procedures
and measures as may be imposed as conditions of approval in the conditional use
permit.
Evidence: The applicant has been granted local licenses (MCL No. 19-002) in
accordance with Chapter 5.88 of the Cathedral City Municipal Code, and in granting
the local licenses the City Manager determined that the cannabis business was in
compliance with all applicable laws regarding the operation of the business.
Section 4. Action. The appeal of the Project is denied and the Planning
Commission's approval of the Project, subject to the conditions of approval attached
hereto as Exhibit A and incorporated herein by reference, is affirmed.
Section 5. This Resolution is effective upon its adoption.
Section 6. The City Clerk shall attest to and certify the vote adopting this Resolution
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of
the City of Cathedral City held on this 23rd day of September, 2020, by the following
vote:
Ayes: Councilmembers Guiterrez and Lamb; Mayor Pro Tem Gregory and
Mayor Aguilar
Noes: None
Absent: Councilmember Carnevale
Abstain: None
\ 1 •
Jo tj Aguilar, M• •r
ATTEST:
OilitZ(
Tracey F „Martinez, City Clerk
APPROVED AS TO F :
Eric S. Vail, City Attorney
Exhibit A
Conditions of Approval
CITY OF CATHEDRAL CITY
APLANNING COMMISSION
CONDITIONS OF APPROVAL
Cathedral City CONDITIONAL USE PERMIT NO. 19-013
MEDICINAL HEALING
36555 BANKSIDE DRIVE
(ASSESSOR'S PARCEL NUMBER 687-311-027)
DATE APPROVED: JULY 15, 2020
SECTION 1 ADMINISTRATIVE CONDITIONS
1.1 Approval of the cannabis business (cultivation, manufacturing and distribution)
within existing commercial buildings is preliminary only. All final working drawings
for tenant improvements, if any, shall be submitted to and approved by the
Planning and Building Departments prior to issuance of building permits. The
development of the property shall conform substantially to the following conditions
of approval.
1.2 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 Planning/Building
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 be granted until all conditions of approval have
been satisfied and approved by the Director of Planning/Building, City Engineer,
Chief Official Building, and Fire Chief unless otherwise identified herein.
1.5 The development of the site shall conform to all ordinances, codes, regulations,
policies and development design controls pursuant to the Cathedral City Municipal
Code taking effect prior to issuance of any building permits.
1.6 All approved structures, landscaping, and 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 construction
drawing package.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 2
SECTION 2 FEES
2.1 The Applicant shall pay all applicable City of Cathedral City fees, charges and
other costs as prescribed by City Ordinance, including development impact fees.
Be advised that the fees may change at the time they become due and payable,
as permitted by applicable law.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)(1), the
90 day period to protest the imposition of any impact fee, dedication, reservation,
or other exaction described in this resolution begins on the effective date of this
approval and any such protest must be in a manner that complies with Section
66020(a), and failure to follow this procedure in a timely manner will bar any
subsequent legal action to attack, review, set aside, void or annul imposition.
The right to protest the fees, dedications, reservations, or other exactions does not
apply to planning, zoning, grading, or other similar application processing fees or
service fees in connection with this project. It further does not apply to any fees,
dedication, reservations, or exactions for which the applicant has been given a
notice similar to this, nor does it revive challenges to any fees for which the Statute
of Limitations has previously expired.
SECTION 3 PLANNING
3.1 The applicant shall complete the following items prior to the issuance of the
Certificate of Occupancy:
a. Building address numbers, a minimum of 12" in height, shall be placed
on the building, plainly visible from the public street, and be internally or
externally illuminated.
b. The parking area shall be repaved (method to be approved by the City
Engineer), parking stalls restriped and signed to the satisfaction of the
City Engineer. A minimum of one stall shall be an ADA van accessible
space.
c. All broken or damaged sidewalk, curb, gutter, and drive approaches
shall be replaced, repaired and/or brought up to current ADA Standards
as determined by the City Engineer. In addition, where street frontage
sidewalk does not currently exist, a 5-foot sidewalk shall be installed
along the entire street frontage of the property to the satisfaction of the
City Engineer in compliance with ADA Standards for access. Additional
street right of way may be required to be dedicated. The applicant shall
contact the Engineer Department to schedule an on-site field inspection
to determine the improvements that need to be completed.
d. A new trash enclosure shall be constructed per City standard.
e. All landscaping shall be renovated to comply with current City design
standards and requirements.
f. All existing exterior lighting shall be shielded to prevent spillover to
adjacent properties.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 3
g. All existing and proposed windows, doors, and storefront opening shall
be properly secured to the satisfaction of the Police Department.
h. The existing and proposed ADA parking stalls shall be restriped and
properly signed.
3.2 The applicant shall submit a Final Landscape Plan to the Planning Department
for review and approval, prior to the issuance of Certificate of Occupancy and to
the satisfaction of the Director of Planning/Building.
3.3 A Final Landscape Construction Plan, prepared by a licensed landscape
architect and approved by the Planning Manager, shall be signed by the local
water agency prior to the issuance of a building permit. 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 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
decomposed granite materials shall be submitted to the Planning
Department for approval.
j. All decorative surface materials shall be approved by the Planning
Manager before issuance of any permits.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 4
k. Landscaping and irrigation shall be provided along the street frontage.
I. 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. Projects shall minimize the use of turf.
c. At least 50% of the trees shall be evergreen species.
d. All trees in parking lots shall be centered between parking spaces to
provide optimal shading.
e. All single trunk trees shall be double staked and multi-trunk trees shall
be staked appropriate to the species of tree.
f. Arbor guards shall be installed around trees in turf areas.
g. Projects located along major arterials and/or streets shall comply with
the street tree requirements of the Design Guidelines.
h. Planter areas shall be surrounded by a concrete mow strip or other hard
surface.
i. 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.
j. Any drain that terminates in a planter shall have a splash guard.
k. All palm trees shall have a brown truck height of at least 6 to 8 feet.
I. 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
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 5
and/or Applicant to make an appointment with the project planner to
conduct this verification.
m. All trees on site shall be non-fruit-bearing.
n. All planter areas adjacent to pavement shall be 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 top of the surface soil and/or decomposed granite.
3.5 All landscaping shall be continuously maintained. Trees, shrubs, ground covers,
et cetera, 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 record a maintenance covenant over the property that
guarantees the removal of weeds, dust, blowsand, and debris, and ensures that
the property is maintained in a weed, dust, blowsand, and debris-free condition
per the approved plans and conditions of approval
3.8 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 Planning/Building that equipment can be viewed
from the public right-of-way a plan for screening the equipment shall be
submitted to the Planning Department for approval. Once approved, said
screening shall be constructed prior to issuance of a Certificate of Occupancy.
3.9 Signage is not a part of this approval and shall require a separate Sign Permit.
3.10 All lighting on site shall comply with Chapter 9.89 of the Municipal Code relative
to outdoor lighting including fixtures that direct lighting downward.
3.11 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 Director of Planning/Building.
3.12 The applicant shall comply with all applicable provisions of the Cathedral City
Municipal Code (CCMC) relating to cannabis businesses, including but not
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 6
limited to those provisions of Chapters 3.48, 5.88 and 9.108, and the Cannabis
Administrative Rules, as they may be amended from time to time.
3.13 The premises must be equipped with an odor absorbing ventilation and exhaust
system so that odor generated inside the Cannabis Business that is distinctive to
its operation is not detected outside the Cannabis Business, anywhere on
adjacent property or public rights-of-way, on or about any exterior or interior
common area walkways, hallways, breeze-ways, foyers, lobby areas, or any
other areas available for common use by tenants or the visiting public, or within
any other unit located within the same building as the Cannabis Business. As
such, Cannabis Businesses must install and maintain the following equipment or
any other equipment which the Local Licensing Authority determines has the
same or better effectiveness:
1. An exhaust air filtration system with odor control that prevents internal
odors from being emitted externally; or
2. An air system that creates negative air pressure between the Cannabis
Businesses' interior and exterior so that the odors generated inside the
Cannabis Business are not detectable outside the Cannabis Business.
3.14 The Applicant or its legal representative shall execute an agreement
indemnifying and holding the City harmless from any and all claims, damages,
legal or enforcement actions, including, but not limited to, any actions or claims
associated with violation of federal law associated with the operation of the
Cannabis Business. This Agreement must be executed as a prerequisite and
prior to the issuance of the Certificate of Occupancy.
3.15 The Applicant or its legal representative shall maintain insurance in the amounts
and of the types that are acceptable to the City pursuant to guidelines and
policies set forth by the Local Licensing Authority. Evidence of such insurance
must be satisfied as a prerequisite to and prior to the issuance of the Certificate
of Occupancy.
3.16 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 issuance of
the Certificate of Occupancy.
3.17 The Applicant or its legal representative shall agree to defend, at its sole
expense, any action against the City, its agents, officers, and employees related
to the approval of the Local License, Conditional Use Permit or the operation of
the Cannabis Business.
3.18 The Applicant or its legal representative shall agree to reimburse the City for any
court costs and attorney fees that the City may be required to pay as a result of
any legal challenge (or federal enforcement action) related to the City's approval
of a Conditional Use Permit. The City may, at its sole discretion, participate at its
own expense in the defense of any such action, but such participation shall not
relieve the operator of its obligation hereunder.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 7
3.19 The Cannabis Business as well as all operations as conducted therein shall
comply with all applicable building, electrical, zoning and fire codes, accessibility
requirements of the Americans with Disabilities Act, and all relevant City and
State Law.
3.20 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 procedures and measures as may
be imposed as conditions of approval in the Conditional Use Permit.
3.21 Operation of the Cannabis Business in non-compliance with any conditions of
approval or the provisions of Chapter 9.108, Chapter 5.88 or Chapter 9.72 shall
constitute a violation of the CCMC and shall be enforced pursuant to the
provisions of the CCMC.
3.22 Director of Planning/Building or Police Department approval of all security
features is required prior to the issuance of a Certificate of Occupancy and/or
operation of the cannabis business.
3.23 All windows on the building that houses the Cannabis Facility shall be
appropriately secured and all marijuana securely stored.
3.24 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.
3.25 From a public right-of-way, there should be no exterior evidence of the cannabis
business except for any permitted on-site signage.
3.26 The cannabis business and all equipment used in the conduct of the business,
must be operated in compliance with all applicable state and local laws and
regulations, including all building, electrical, and fire codes, and in compliance
with the business' state and local licenses.
3.27 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, Chapter 3.28 of the
CCMC requiring application and issuance of a business license, the Revenue
and Taxation Code, the Americans with Disabilities Act, and all applicable
Federal, State and Local mandates.
3.28 The applicant shall fully comply with and meet all operating criteria required
pursuant to State Laws, the provisions of this Code, and any specific, additional
operating procedures and measures as may be imposed as these conditions of
approval, in order to ensure that the operation of the facility is consistent with the
protection of the health, safety, and welfare of the community.
3.29 Project shall comply with the most recently adopted version of the California
Building Standards Code (Title 24, California Code of Regulations) in effect in
Cathedral City and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 8
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
3.30 The development of the site shall conform to all ordinances, codes, regulations,
policies and development design controls pursuant to the Cathedral City
Municipal Code.
3.31 The Applicant, and/or assignees, shall be responsible for blowsand, dust, debris,
trash, rubbish, weeds and deleterious material removal in all areas of the Project
and Project frontages, including gutter pans, sidewalks, parkways, right of way,
private streets, parking lots, drive aisles and all interior areas during construction
and after Occupancy Permits are issued. The Applicant, and/or assignees, shall
record a City Approved Maintenance Covenant and/or Covenants, Conditions
and Restrictions (CC & Rs) over the entire property that guarantees for perpetuity
the immediate removal of blowsand, dust, debris, trash, rubbish, weeds and all
deleterious material, and further ensures that the Project will be maintained in a
blowsand, dust, debris, trash, rubbish, weeds and deleterious material free
condition per the approved Plans and Conditions of Approval.
3.32 The applicant shall fully comply with and meet all operating criteria required
pursuant to State Laws, the provisions of this Code, and any specific, additional
operating procedures and measures as may be imposed as these conditions of
approval, in order to ensure that the operation of the facility is consistent with the
protection of the health, safety, and welfare of the community.
3.33 The Applicant shall provide the employees with the name and location and phone
number of the nearest facility to be used in an emergency.
3.34 The Applicant shall post the emergency phone number 9-1-1, for the Cathedral
City Fire Department, at the facility.
3.35 All cultivation of cannabis shall occur in an enclosed locked structure.
3.36 The Applicant shall provide a plan and proof of coordination with the Regional
Water and Waste Water treatment provider to determine appropriate
pretreatment procedures, if any, required for industrial effluent from the facility.
3.37 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 notification and
reporting procedures.
3.38 The Applicant shall prepare, implement and make available a written Hazardous
Materials Management Plan to include a listing of all hazardous products,
chemicals, fertilizers, herbicides, pesticides, lubricants, flammable liquids,
bleaches, cleaning supplies, aerosols, etc. that will be stored, or in use on the
site and the related Material Data Safety Sheets (MSDS). Ensure safe and
proper storage of chemicals and products in accordance with all applicable local,
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 9
state and federal laws and that when handling hazardous materials use of
appropriate personal protective equipment (PPE) is available and used properly.
A copy of the Hazardous Materials Management Plan shall be subject to review
and approval by the Director.
3.39 The Applicant shall provide the names and phone numbers for after hours and
weekend contact of responsible parties, who can respond to the facility in the
event of a fire or hazardous materials incident and prepare a response plan to
address spills and releases of hazardous materials.
3.40 The Applicant shall provide the employees with the name and emergency phone
number for the nearest private Hazardous Material Response Company, to
clean-up and dispose of spilled hazardous product or waste at the facility.
3.41 The Applicant shall update the Hazardous Material Management Plan annually
and more frequently if changes in personnel, products or equipment significantly
alter the threat to human health or the environment. All such changes are
subject to review and approval by the Director.
3.42 The Applicant shall fully comply with the Environmental Plan and Emergency
Response Plan submitted with their application and shall update such plans
annually and more frequently if determined to be appropriate by the Director. All
such changes are subject to review and approval by the Director.
3.43 The development of the site shall conform to all ordinances, codes, regulations,
policies and development design controls pursuant to the Cathedral City
Municipal Code.
3.44 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 hazardous substances, and shall obtain the
necessary permits and/or clearances from the County of Riverside Department of
Environmental Health.
3.45 The applicant shall be required to ensure that cultivation activities are not visible
through the windows of the building. Any treatments or coverings applied to the
windows, or walls built in front of the windows, that change the appearance of the
building from the exterior shall be reviewed and approved by the Architectural
Review Committee.
3.46 Cultivation activities shall only occur in the areas shown 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.
3.47 Areas where cannabis is cultivated are wet locations, and the electrical system in
such areas must comply with Title 8 of Chapter 9.108, Article 300.6(D) of the
National Electric Code, city and California building codes, fire codes, electrical
codes and all other applicable laws.
3.48 Cultivation sites are a Group F-1 (Factory Industrial Moderate-Hazard)
Occupancy under the Fire Code. All new construction is required to be fire
sprinkled per the Fire Code. For cultivation sites that will be sited in an existing
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 10
structure, an automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds twelve thousand square feet.
b. A Group F-1 fire area is located more than three stories above grade
plane.
c. The combined area of all Group F-1 fire areas on all floors, including
any mezzanines, exceeds twenty-four thousand square feet.
3.49 Distribution sites shall store all cannabis and cannabis products in a locked safe
room, safe, or vault and in a manner to prevent diversion, theft, and loss.
3.50 The storage of cannabis and cannabis products shall only occur in the areas
shown on the floor plan submitted by the applicant and shall not exceed the
square footage authorized pursuant to the conditional use permit.
3.51 All Cannabis Cultivation Related Heating, Ventilation, Air Conditioning and Odor
Control plans and blueprints shall be stamped by a Licensed HVAC Mechanical
Engineer.
3.52 All Cultivation facility window arrays, doors and associated framing systems shall
be renovated to install new glazing compounds and seals.
3.53 The Applicant shall install automatic closures on all interior and exterior
Cultivation facility doors.
3.54 All Cultivation related interior and exterior door seals shall be replaced and
adjusted.
3.55 The Applicant shall seal and renovate all of the Cultivation facility's roll up doors,
garage doors and associated systems.
3.56 All roof venting, wall penetrations, panel joints etc. shall be sealed.
3.57 The Applicant shall install Air Curtains on all exterior doors.
3.58 The Applicant shall place anti-door gels and diffusers near all Cultivation exterior
doors and windows.
3.59 The applicant shall have no exterior evidence of the manufacturing of cannabis
or manufactured cannabis from the public right-of-way except for any signage
authorized by Chapter 9.108.
3.60 The applicant shall be required to ensure that manufacturing activities are not
visible through the windows of the building. Any treatments or coverings applied
to the windows, or walls built in front of the windows, that change the appearance
of the building from the exterior shall be reviewed and approved by the
Architectural Review Committee.
3.61 The manufacturing operation of cannabis business shall be within an enclosed
locked structure.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 11
3.62 The manufacturing activities shall only occur in the areas depicted on the floor
plan submitted by the applicant and shall not exceed the square footage
authorized pursuant to the conditional use permit.
3.63 If hazardous materials, flammable gas, flammable liquefied gas, flammable and
combustible liquids, or other flammable material, as those terms are defined in
CFC Section 202, are to be used in the processing of cannabis, then the
provisions of CFC Section 407 shall be applicable where hazardous materials
subject to permits under CFC Section 50 (Hazardous Materials) are located on
the licensed premises or where required by the fire department official.
3.64 The Storage, use and handling of compressed gases in compressed gas
containers, cylinders, tanks and systems shall comply with CFC Chapter 53,
including those gases regulated elsewhere in the Cathedral City Municipal Code.
Partially full compressed gas containers, cylinders or tanks containing residual
gases shall be considered as full for the purposes of the controls required.
Compressed gases classified as hazardous materials shall also comply with CFC
Chapter 50 for general requirements and CFC Chapter 53 addressing specific
hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly
Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and
Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials).
Prevention, control and mitigation of dangerous conditions related to storage,
use, dispensing, mixing and handling of flammable and combustible liquids shall
be in accordance with CFC Chapters 50 and 57.
3.65 Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard)
Occupancy under the Fire Code. All new construction is required to be fire
sprinkled per the Fire Code. For manufacturing sites that will be sited in an
existing structure, an automatic sprinkler system shall be provided throughout all
buildings containing a Group F-1 occupancy where one of the following
conditions exists:
a. A Group F-1 fire area exceeds twelve thousand square feet.
b. A Group F-1 fire area is located more than three stories above grade
plane.
c. The combined area of all Group F-1 fire areas on all floors, including
any mezzanines, exceeds twenty-four thousand square feet.
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 Conditional
Use Permit No. 19-013 (CUP) and corresponding Site Plan (Plan). 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.
4.2 This CUP shall expire two years after the City Planning Commission approval
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 12
date, unless granted a completed Building Permit application and/or 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, conditions and/or mitigation
measures for the following approvals:
A. CUP No. 16-008 and 19-013.
B. Cathedral City Design Guidelines.
C. Cathedral City Water Conservation Policies and Rules.
D. 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 Engineering/Public Works and/or Planning
Director shall determine precedence.
4.4 All conditions herein shall be met prior to the Engineering or Encroachment
Permit issuance for the CUP and Plan 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 and/or Encroachment Permit.
4.5 Prior to issuance of any Engineering, Encroachment or Building Permits 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. City of Cathedral City Engineering Department.
C. City of Cathedral City Planning Department.
D. City of Cathedral City Building Department.
E. Riverside County Environmental Health Department.
F. Palm Springs Unified School District.
G. Desert Water Agency (DWA).
H. Southern California Edison (SCE).
I. Frontier Communications.
J. Spectrum Cable.
K. California Regional Water Quality Control Board (CRWQCB)
L. Sunline Transit Agency (SunLine)
M. South Coast Air Quality Management District — Coachella Valley (SCAQMD).
The Applicant is responsible for all the requirements of the permits and/or
clearances from, and not limited to, the above listed agencies. When the
requirements include approval of improvement plans, the Applicant shall furnish
proof of such approvals when submitting those improvement plans for City
approval.
4.6 If applicable, the Applicant shall be responsible for completing all City and
Riverside County requirements and Riverside County Department of
Environmental Health requirements. Proof of compliance shall be submitted to the
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 13
City before issuance of Building Permits for the CUP.
4.7 The Applicant shall be responsible for blow sand, debris, trash, rubbish and
deleterious material removal in all areas of the CUP's Bankside Drive frontage,
including gutter pans, sidewalks, parkways, right-of-way, parking lots, drive aisles
and all other interior areas within the walled areas and all other areas outside the
walled areas up to the CUP's property lines. The Applicant shall include these
responsibilities into the daily maintenance of the site for perpetuity and be
included in a Maintenance Covenant recorded on the parcel within the CUP.
4.8 Approval of this CUP 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.
4.9 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 Applicant's failure to make such payment shall be
material breach of the Conditions of Approval.
4.10 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 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 actual costs incurred by the City for Engineering, Planning and/or
Building Department reviews and/or modify any documents or instruments
required by these conditions and/or subsequent modification requests. This
obligation shall be paid in the time noted above without deduction or offset and
Applicant's failure to make such payment shall be material breach of the
Conditions of Approval.
PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS
4.12 Prior to issuance of an Engineering and/or Encroachment Permit, if applicable,
the Applicant shall acquire or confer easements and other property rights
necessary for the construction and/or proper functioning of the proposed CUP.
Conferred rights shall include irrevocable offers to dedicate or grant access
easements to the City and/or adjoining property owners for access, emergency
services, maintenance, construction and reconstruction of essential
improvements.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 14
4.13 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
CUP and Plan, not limited to, access rights over proposed and/or existing private
streets and parking lots that access public streets and open space/drainage
facilities of all phases of the CUP. Specifically:
1. A Maintenance Covenant, as described in item 4.7., will be required to be
recorded on the parcel subject to the approval of the Director of
Engineering/Public Works.
2. The Applicant will dedicate an additional right of way and/or public
easement to the City along the Bankside Drive frontage to include the
sidewalks located along the Bankside Drive frontage subject to the
approval of the Director of Engineering/Public Works.
3. The Applicant will record the Street Light Covenant described in
Condition 4.23 against this parcel of the CUP.
4.14 The Applicant shall retain for private use in this CUP and Plan all parking lots,
access ways, entry points, and rights-of-way in conformance with the City's
General Plan, Municipal Code, this CUP and/or as required by the Director of
Engineering/Public Works.
4.15 Applicant shall reconstruct and/or replace the parking lot and drive aisles as
follows:
1. Parking lot and drive aisles: Remove all existing surface material (concrete
and/or asphalt as shown on Plan) and replace with 6-inch Portland Cement
Concrete (PCC) with 10-gauge wire mesh over 95% compacted existing base
as required by the Director of Engineering/Public Works.
2. Parking lot is to be restriped to accommodate designated parking spaces,
ADA parking, directional markings, signage and safety features as shown on
the CUP's Plan and approved by the Director of Engineering/Public Works.
4.16 If not already constructed, the Applicant shall design and construct a City Std.
Section 200 — B driveway entrances and sidewalk on the east side of the CUP
along the Bankside Drive frontage to uniformly connect to the existing (or future)
sidewalks fronting the abutting parcels to the north and south in compliance with
all ADA requirements as approved by the Director of Engineering/Public Works.
4.17 Driveways, setbacks and other features shown on the CUP's Plan, may require
additional street widths as may be determined by the Director of
Engineering/Public Works.
4.18 The driveways on Bankside Drive, as shown on the CUP's Plan, and as part of
these Conditions of Approval, shall provide access for employees and
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 15
customers. All drive widths and setbacks related to vehicle and pedestrian entry
and exits, will be approved by the Director of Engineering/Public Works.
4.19 The parking spaces, as shown on the CUP's Plan, and as part of these
Conditions of Approval, shall provide parking for employees and customers. All
drive widths and setbacks related to vehicle and pedestrian entry and exits, will
be approved by the Director of Engineering/Public Works.
4.20 The Applicant shall install Type A-6, A-8 and/or Type "D" curbs per County of
Riverside Standards, which will convey water without ponding, and provide
lateral containment of dust and residue during street sweeping operations,
subject to the approval of the Director of Engineering/Public Works.
4.21 The Applicant shall construct all private roadways, curbs and gutters, sidewalks
and driveways to uniformly connect to existing adjacent public and/or private
improvements within and adjacent the CUP as shown on the Plan to the
satisfaction of the Director of Engineering/Public Works.
4.22 The Applicant shall construct all appurtenant private roadway components such
as, but not limited to curb, gutter, sidewalk, ADA ramps/lifts, traffic control
striping, legends, traffic control signs and street name signs to the satisfaction of
the Director of Engineering/Public Works.
4.23 The Applicant shall coordinate and pay all cost necessary for the installation of
the below detailed City and Southern California Edison (SCE) approved LED
streetlight with SCE and to take over all related expenses, including the monthly
electrical expense for the streetlight 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 Engineering/Public Works prior to recordation
1. Install one (1) 9,500 lumen LED streetlight along the Bankside
Drive frontage near the north end of the CUP Project limits, per City and
SCE Standards, with final locations subject to approval by the Director of
Engineering/Public Works prior to the issuance of the COO.
4.24 The Applicant shall quitclaim, relocate or otherwise remove any public and/or
private easements shown on the CUP's Map to clear and/or avoid any proposed
structures as approved by the Director of Engineering/Public Works.
4.25 The Applicant shall cause all missing property corners and survey monuments
within the boundaries of the CUP to be set and file the required Record of Survey
prior to the issuance of the COO.
4.26 The Applicant shall furnish proof of easements, or written permission, as
appropriate, from those owners of all abutting properties on which grading, wall
construction, retaining wall construction, permanent slopes, street improvements,
utility relocations or other encroachments will occur.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 16
4.27 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 CUP and the
date of issuance of the COO, unless such easement is approved by the Director
of Engineering/Public Works.
PUBLIC IMPROVEMENTS
4.28 The Applicant shall construct and dedicate the following street improvements to
conform to the General Plan.
A. PUBLIC STREETS
1) Bankside Drive — A Public roadway designated as a Commercial
Collector, as defined by the City's General Plan and as shown on the
CUP's Map and per these Conditions of Approval shall include the
following:
A. Bankside Drive is a public roadway:
1) Bankside Drive measured from centerline to right of way is 32
feet along the CUP's Bankside Drive frontage as shown on the
CUP's Plan.
2) Bankside Drive measured from centerline to west curb face is
24 feet along the CUP's Perez Road frontage as shown on the
CUP's Plan.
B. The Applicant shall repair, replace and/or construct all appurtenant
roadway components along the CUP's Bankside Drive frontage prior to
the issuance of the first COO, such as, but not limited to: curb, gutter,
pavement, sidewalk, ADA ramps and legends as approved by the
Director of Engineering/Public Works.
4.29 If applicable, the Applicant will remove all existing landscaping, monuments,
walls and/or structures that the Director of Engineering/Public Works determines
to impair vehicle, bicycle and/or pedestrian ADA access and/or line-of- sites
along all the frontages associated with this CUP.
4.30 Where applicable, the Applicant will coordinate all public and private roadway
improvements and driveway transitions with the adjacent property owners (public
and/or private) and coordinate relocation of fire hydrants, water meters and all
other appurtenances as required to the satisfaction of the Director of
Engineering/Public Works.
4.31 The Applicant shall construct all street, curb and gutter to uniformly connect to
existing adjacent improvements north and south of the CUP along the Bankside
Drive frontage to the satisfaction of the Director of Engineering/Public Works
prior to the issuance of the COO.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 17
4.32 The Applicant shall install Type A-6, A-8 and/or Type "D" curbs per County of
Riverside Standards, which will convey water without ponding, and provide
lateral containment of dust and residue during street sweeping operations,
subject to the approval of the Director of Engineering/Public Works.
4.33 Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved by
the Director of Engineering/Public Works.
4.34 All public and private improvements shall 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 to publicly maintained streets. The
improvements shall include required traffic control devices, pavement markings
and street name signs.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer,' "surveyor," and "architect," refer to persons currently certified or licensed to
practice their respective professions in the State of California.
4.36 Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with all
requirements of the City of Cathedral City.
4.37 The following improvement plans shall be prepared and submitted for review by
the Engineering Department. The plans shall utilize the minimum scale
specified, unless authorized by the Director of Engineering/Public Works. Plans
may be prepared at larger scale if additional detail or plan clarity is desired.
NOTE: The Applicant may be required to prepare other improvement plans not
listed here pursuant to improvements required by other agencies and utility
purveyors.
A. Engineering Site Plan 1" = 20' Horizontal
NOTE: Engineering Site Plans will be prepared by a Civil Engineer licensed to
practice their profession in the State of California.
NOTE: Engineering Site 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.
Engineering Site Plan will show the sidewalk in the combined parkway and
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 18
landscape setback area.
If applicable, other engineered improvement plans prepared for City approval that
are not listed above shall be prepared in formats approved by the Director of
Engineering/Public Works prior to commencing plan preparation.
All plans shall show all existing improvements for a distance of at least 200-feet
beyond the CUP limits, or a distance sufficient to show any required design
transitions.
4.38 The Applicant shall furnish accurate Mylars of all improvement plans to the City
Engineer for approval. The improvement plans shall be of a scale approved by
the Director of Engineering/Public Works.
4.39 The Applicant shall furnish a copy of all approved improvement plans on an
electronic storage media acceptable to the Director of Engineering/Public Works.
4.40 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 and signed
by the engineer or surveyor certifying to the accuracy and completeness of the
drawings. The Applicant shall have all approved Mylars previously submitted to
the City, revised to reflect the as-built conditions. The Applicant shall employ or
retain the Engineer of Record (EOR) during the construction phase of the project
so that the EOR can make site visits in support of preparing "As Built". However,
if subsequent approved revisions have been approved by the Director of
Engineering/Public Works and reflect said "As Built" conditions, the EOR may
submit a letter attesting to said fact to the Director of Engineering/Public Works in
lieu of Mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
4.41 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 Engineering/Public Works.
In the event the Applicant fails to construct the improvements for this CUP or fails
to satisfy its obligations for this CUP in a timely manner, the City shall have the
right to halt issuance of permits, and/or final inspections, withhold other
approvals related to the development of this CUP.
SITE WORK
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 19
4.42 The Applicant shall comply with all the provisions of Cathedral City Municipal
Codes and Ordinances.
4.43 The Applicant shall obtain an Engineering and Encroachment Permit approved
by the Director of Engineering/Public Works prior to initiating any construction on
the CUP site.
4.44 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.
4.45 Building pad elevations on the Plans submitted for Director of Engineering/Public
Works' approval shall conform to the pad elevations shown on the improvement
plans, unless the pad elevations have other requirements imposed elsewhere in
the Conditions of Approval.
DRAINAGE
4.46 Stormwater and nuisance water (drainage), shall be disposed of in an approved
manner. Nuisance water shall be disposed of via on-site storm drains, new and
existing catch basins, gutters and/or swales as approved by the Director of
Engineering/Public Works.
4.47 All drainage water shall be conveyed to the satisfaction of the Director of
Engineering/Public Works.
4.48 Storm water drainage historically received from adjoining properties shall be
received and passed though into the historic downstream drainage relief route.
UTILITIES
4.49 The Applicant shall obtain the approval of the Director of Engineering/Public
Works for the location of all utility lines within any right-of-way, and all above-
ground utility structures including, but not limited to, traffic signal cabinets,
electrical vaults, water valves, and telephone stands, to ensure optimum
placement for practical and aesthetic purposes.
4.50 All proposed new utilities shall be installed underground per the utility purveyor
standards and as approved by the Director of Engineering/Public Works.
4.51 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 Engineering/Public
Works.
4.52 If applicable, the Applicant shall provide certified reports of all utility trench
compaction for approval by the Director of Engineering/Public Works.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 20
4.53 All facilities within the CUP shall be served with a domestic water system, sewer
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 water and sewer service charges, capacity
charges and construction reimbursements to ensure all services are complete, in
place and operational prior to the respective COO being issued.
4.54 The Applicant shall abandon or relocate existing easements over CUP prior to
issuance of the COO as required by the agency and/or individual favored and as
approved by the Director of Engineering/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
Engineering/Public Works.
SECTION 5 FIRE PROTECTION
This project has been reviewed as "Groups B, F-1, H-2, and S-1" type occupancies, any
other use will require further review.
Unless specifically stated herein, these conditions shall not be construed to permit or
allow deviation from any Federal or State laws nor any of the local codes and
ordinances adopted by this jurisdiction. Please contact the City of Cathedral City Fire
Department for any questions regarding compliance with the applicable codes or
following conditions:
Note: All references to the 2016 California Fire Code are shown as CFC, the 2016
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 This project is subject to review and approval in accordance with the CCR, Title
19 for Fire and Life Safety. This project is subject to an annual inspection and
permit from the Cathedral City Fire Department for this type of occupancy (use).
5.3 Storage of combustible materials shall be in accordance with the CFC.
5.4 Provisions for the storage or handling of hazardous materials (including
pesticides, insecticides and fertilizers) as defined by Federal, State, and Local
Law, shall be in accordance with CFC, Chapter 50.
5.5 Storage and handling of flammable and combustible liquids shall be in
accordance with the CFC, Chapter 57 and NFPA 30 (2015), Flammable and
Combustible Liquids Code.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 21
LIFE SAFETY AND FIRE PROTECTION SYSTEMS
5.6 The proposed building shall not be addressed 36555 Bankside Dr. as that
address is assigned to CK Endeavors, which faces Bankside Dr. The property
owner shall acquire a new address distinctive to the new building and show the
new address on the building plans.
5.7 An approved private fire hydrant is shown on the plans at the southwest corner of
the proposed building. That existing fire private fire hydrant shall be relocated to
the north, into the landscape area shown at the northwest corner of the proposed
building.
5.8 The relocated private fire hydrant shall be type with a 4" X 21/2" X 21/2" ports
(Super Hydrant).
5.9 In accordance with the CFC Section 903, an automatic fire sprinkler system shall
be installed on all levels throughout the proposed building.
5.10 The automatic fire sprinkler system shall be monitored by a UL listed central
station alarm system meeting NFPA 72 (2016) and City of Cathedral City
requirements.
5.11 A fire department connection (F.D.C.) shall be installed for the proposed building
on Bankside Dr., directly east of the proposed building. The F.D.C. shall have a
sign provided in red background with white numbers and letters four inches high
with a 1 and 1/2 inch stroke indicating F.D.C. and the address it serves.
5.12 A new fire hydrant of a type with a 4" X 21/2" X 2W ports (Super Hydrant) shall be
installed within one-hundred (100) feet of the fire department connection (F.D.C.)
on Bankside Dr.
5.13 All automatic fire sprinkler check valves, post indicator valves, fire department
controls, and connections shall be located as required and approved by the Fire
Department.
5.14 Portable fire extinguishers shall be installed and maintained in accordance with
CFC, Section 906 and CCR, Title 19, Chapter 3. The type and spacing shall be
approved by the Cathedral City Fire Department prior to installation.
5.15 Emergency lighting and Exit signs are required above all exterior doorways and
in all hallways directing occupants to an exterior exit via a path of egress. Clear
paths of egress are required at-all-times in exit corridors (no storage of plant
racks, distribution equipment or equipment).
5.16 No Electrical Extension Cords are permitted in any Cultivation Rooms (Fans and
Lights must be plugged directly into electrical outlets).
5.17 All exit doors must swing in direction of egress.
5.18 NOTE: Sheet A101 — Room 106 "Manufacturing." An Exit corridor shall be
created to pass through Room 105 "Packaging" to the interior hallway to permit
egress from the manufacturing room without going through intervening room.
The exit doors in the exit corridor shall swing in the direction of egress.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 22
5.19 NOTE: Sheet A101 — Room 103 "Dry Room" The Double Doors shown on the
plans into Room 103 shall be relocated to the northeast side of room and an exit
corridor shall be created in Room 101 "Distribution/Storage" to permit egress
from the Room 103 "Dry Room" without going through intervening room. The exit
doors in the exit corridor, leading from Dry Room and Distribution / Storage
Room shall swing in the direction of egress.
5.20 NOTE: Sheet A101 — Room 107 Storage / Testing the Door swing shall be
changed to swing in the direction of egress, into the interior hallway, due to the
Room 108 Volatile Storage Closet being located to the west of Room 107.
5.21 Room 106 "Manufacturing" — Ethanol and LPG are classified as a flammable
liquid and flammable gas.
5.22 The extraction equipment shall be listed on the plans and comply with F.D.
approved list (See F.D. Technical Policy #001.) If the Extraction Equipment is
not listed in the F.D. approved list a California Professional Engineer Master
Engineering "site specific" Report is required for extraction equipment.
5.23 The fuel source for extraction equipment shall be shown on the plans.
Flammable liquid or flammable gas storage cabinets shall be provided, for both
types of fuel sources and be stored outside of the manufacturing room.
5.24 If ethanol is used to rinse extraction machines or is to be used in the distillation
processes, a flammable liquids storage cabinet(s) shall be provided outside of
the manufacturing room and the location shall be shown on the plans.
5.25 Only personnel performing the extraction process are allowed in the
manufacturing room during operations.
The doors to the Manufacturing (C1D1) room shall be closed during extraction
operations.
5.26 A clear path of egress from the Extraction (C1D1) Room, through the interior to
an exterior exit door, is required at-all-times. No storage of plant racks, product
containers or equipment is allowed in the path of egress.
5.27 A flammable gas monitoring device with audible and visual alerts are required to
be installed in the Extraction (C1D1) Room to detect flammable or explosive
atmospheres.
5.28 Multi-layer rack systems for growing cannabis are not permitted, unless each
level has automatic fire sprinkler protection installed.
5.29 If carbon dioxide (CO2) is to be used in Cultivation Rooms, the location of the
cylinder storage shall be detailed on the floor plan drawings.
5.30 If carbon dioxide (CO2) is used in the cultivation facilities, monitoring devices
with audible and visual alerts are required to be installed inside each Cultivation
Room to detect oxygen deficient atmospheres.
5.31 No change in use or occupancy shall be made to any existing building or
structure unless the means of egress system is made to comply with the
requirements for the new use or occupancy in accordance with CFC, Chapter 10.
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 23
5.32 All rooms must be labeled with permanent room numbers or room titles, on or
adjacent to each room.
5.33 A National Fire Protection Association (NFPA) 704H Diamond shall be installed
on each building identifying the Health, Flammability, Reactivity and Special
Hazards of the materials used or stored inside the buildings.
5.34 Prior to the issuance of a Certificate of Occupancy, "No Parking - Fire Lane"
signs, red curbing 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.
5.35 35.Prior to final inspection, an illuminated address with twelve (12") inch in height
and a minimum of one and one-half (1 1/2") inch stroke numbers on a contrasting
background and illuminated (backlit or surface) shall be provided on all buildings
in accordance with the CFC, Section 505.
5.36 Sheet L101 — The northside entrance gate, from the common driveway between
36555 and Bankside Dr. which leads into the rear parking lot of 36555
Bankside and the proposed building shall have twenty feet of unobstructed
clearance and a fire apparatus turning radius shall be fifteen (15) feet inside and
thirty-five (35) feet outside into the west driveway to the proposed building.
5.37 NOTE: Sheet L101 — West driveway / parking lot a concrete divider / bulb-out
adjacent to the trash enclosure
Shall be shortened or removed to provide the required turning radius for F.D.
vehicles.
5.38 A F.D. apparatus turn-around (cul-de-sac or hammer-head) shall be provided on
the north side of the proposed building. The turning radius of the F.D. apparatus
turn-around shall be fifteen (15) feet inside and thirty-five (35) feet outside OR be
a hammer-head with sixty-five (65) feet in each direction from the centerline of
the fire lane, for backing and maneuvering fire trucks.
5.39 In accordance with the CFC, Section 503, security gates if installed, 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.
5.40 Install Knox key boxes and/or Knox locks for vehicle gates (as applicable) for Fire
Department access in accordance with CFC Section 506.
SECTION 6 AIRPORT LAND USE COMMISSION
6.1 Any outdoor lighting installed shall be hooded or shielded to prevent either the
spillage of lumens or reflection into the sky. Outdoor lighting shall be downward
facing.
6.2 The following uses shall be prohibited:
a. Any use which would direct a steady light or flashing light of red, white,
green, or amber colors associated with airport operations toward an
Conditional Use Permit No. 19-013
Planning Commission Conditions of Approval
July 15,2020
Page 24
aircraft engaged in an initial straight climb following takeoff or toward an
aircraft engaged in a straight final approach toward a landing at an airport,
other than FAA- approved navigational signal light or visual approach
slope indicator.
b. Any use which would cause sunlight to be reflected towards an aircraft
engaged in a n initial straight climb following takeoff or towards an aircraft
engaged in a straight final approach towards a landing at an airport.
c. Any use which would generate smoke or water vapor or which would
attract large concentrations of birds, or which may otherwise affect safe air
navigation within the area. (Such uses include landscaping utilizing water
features, aquaculture, outdoor production of cereal grains, sunflower, and
row crops, artificial marshes, trash transfer stations that are open on one
or more sides, recycling centers containing putrescible wastes, and
construction and demolition debris facilities.)
d. Any use which would generate electrical interference that may be
detrimental to the operation of aircraft and/or aircraft instrumentation.
6.3 The attached "Notice of Airport Vicinity" shall be provided to all potential
purchasers of the property and to the tenants of the buildings, and be recorded
as a deed notice.
6.4 Any new detention basins on the site shall be designed so as to provide for a
maximum 48-hour detention period following the conclusion of the storm event
for the design storm (may be less, but not more), and to remain totally dry
between rainfalls. Vegetation in and around the detention basin(s) that would
provide food or cover for bird species that would be incompatible with airport
operations shall not be utilized in project landscaping.
6.5 Any increase in building area or change in use that would increase the size of the
conference room, provide additional area open to the public, or convert storage
area to additional conference, office, or customer space will require an amended
review by the Airport Land Use Commission.
Approved for Planning Entitlements by the Cathedral City Planning Commission
on July 15, 2020.
Attest: Applicant:
Brenda Ramirez
Associate Planner