Rancho Mirage City Council
October 6, 2022

The Planning Commission, at their meeting on November 13, 2014 heard Staff's presentation for Tentative Tract Map Case No.

TTM36620 for an 82 lot subdivision referred to as Tesoro; the project is located in Section 30 just north of the Versailles residential development. A Specific Plan Amendment was submitted in conjunction with TTM36620 in order to amend the Section 30 Master Circulation Plan; the proposed Amendment is for a slight realignment of Via Florencia, which is an unimproved public street. Their efforts resulted in a recommendation to the City Council to approve Environmental Assessment Case No. EA130006, Specific Plan Amendment Case No. SPA13001, and Tentative Tract Map Case No . TTM36620 with the addition and/or revision of four Conditions of Approval.

PLANNING COMMISSION REVIEW
The Planning Commissioners were impressed with the project as a whole, but brought up two issues which ultimately led to the addition of two Conditions of Approval. The first issue dealt with the location of and type of retention basin amenity. The Commissioners were concerned about the location of the proposed dog park and pickleball court. The dog park lies at the terminus of the entry road and is situated along the common boundary with Versailles; similarly, the pickleball court exists in a retention basin which lies adjacent the same boundary wall. Due to the potential noise impact that are commonly associated with these activities it was conditioned that these "active" amenities be located further within the project site. By locating such recreational amenities more centrally within the project site it will mitigate negative impacts to the existing residents in Versailles who live along the boundary wall.

The other issue which was raised by the Planning Commission was in regards to the common wall which will divide the proposed project with the Versailles neighborhood. The Commissioners wanted to ensure that the integrity and maintenance of that wall was upheld with the development of the proposed subdivision. A Condition of Approval was added to the project which requires the applicant to AGENDA ITEM#
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develop an agreement with the Versailles Home Owners Association for the maintenance of the common boundary wall; said agreement is to be included in the project's CC&Rs.

The applicant was amenable to all of the project's Conditions of Approval with the exception of #23 which required that the one-way eyebrow street be constructed entirely of decorative pavers. The applicant agreed that decorative pavers are appropriate, but asked that the entire street not be required to be constructed of them.

The Planning Commissioners added a condition which did not require the entire one-way street to be comprised of decorative pavers, but that the pavers be integrated into the one-way street to Staff's satisfaction; the final design is to be shown on the Final Development Plan.

The final concern that was raised by the applicant was in regards to Mitigation Measure IV (a) 3 under the Biological Resources section of the project's Mitigated Negative Declaration. Said mitigation measure requires that a biological monitor be present whenever grading or construction vehicles are present and operating on the project site. The applicant requested that this mitigation measure be lifted if they performed surveys 30 days prior to grading, and again 2 - 3 days prior to grading. staff responded by saying that an updated letter would be needed from the biologist who conducted the study in order to relieve that mitigation measure. The Planning Commission added a Condition to the project which would grant relief from the aforementioned mitigation measure provided an updated letter is received from the biologist who conducted the original study.

Nobody spoke in opposition of the project; however, a letter was received from Tanya Mayton which questioned the aesthetic of the multi-use trail that is required in this section of the City. The decomposed granite that was originally required as a construction material for the trail has proven inadequate and has weathered poorly where previously installed. The City realized this issue many years ago and now requires that the multi-use trail be constructed of concrete. Staff ensured Ms. Mayton that her concern had already been addressed in the project's Conditions of Approval {see #31), but stated that her letter would be distributed to the Commissioners and that it would be addressed in the public hearing; her letter is attached to this report.

A resident of the Versailles community, Mr. Wagenaar, asked about the timing of the project and whether or not it would be phased.

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Staff stated that the timing of the improvements was unknown at this time due to Coachella Valley Water District infrastructure that is needed in the area. Staff went on to state that project phasing was never discussed, so it is not being considered as part of the entitlement; this project is considered a single phased development.

After due consideration of the staff report, public testimony and exhibits, the Planning Commission upheld staff's recommendation to approve the project as noted below:

MOTION: It was MOVED/SECONDED by ADAMS/BRODOVSKY that the Planning Commission recommend to the City Council:
1) Approval of a Mitigated Negative Declaration of
Environmental Impact based on Environmental Assessment Case No. EA130006. The motion passed 4/0.

MOTION: It was MOVED/SECONDED by ADAMS/WINCHESTER that the Planning Commission recommend to the City Council:
2) Adoption of an Ordinance approving Specific Plan Amendment Case No. SPA13001, subject to the Conditions of Approval and based · on the Finding and Content in this staff report. The motion passed 4/0.

MOTION: It was MOVED/SECONDED by ADAMS/BRODOVSKY that the Planning Commission recommend to the City Council:
3) Approval of a Resolution to approve Tentative Tract Map No. 36620 based upon the Content Findings and Conditions in this staff report;
AND With the addition/revision of the following Conditions as presented during the public hearing.
13a. The "active" retention basin amenities shall be relocated to a more central location within the project site, and the "passive" amenities shall be located along the project's perimeter.
64a. The applicant shall enter into an agreement with the Versailles HOA regarding common wall maintenance, and said agreement shall be included in the project's Conditions, Covenants and Restrictions (CC&Rs).

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23. The one-wax eyebrow street does not have to be
constructed entirely of decorative pavers, but the pavers shall be integrated into the one-way street aa an accent material. The final design shall be shown on the Final
Development Plan and shall be approved by Staff.

Mitigation IV (a} 3. This mitigation measure may be modified if a letter is received from the biologist who conducted the Biological Assessment which either alleviates said mitigation measure or offers an alternative method of mitigation.

The motion passed 4/0.

The following is the November 13, 2014 Planning Commission staff report.

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PLANNING COMMISSION STAFF REPORT
FACTS

1. Applicant:

2. Purpose of Request:

3. Location:

4. Project Size:

5. Existing Streets:

6. Existing Land Use:
7 . Surrounding Land Use:

8. Existing Specific
RM 38 JV, LLC c/o Meriwether
Companies
A) Adopt a Mitigated Negative
Declaration for Environmental
Assessment case No. EA130006.
8) Amend the Section 30 Specific
Plan to accommodate a slight
realignment of Via Florencia.

B) Adopt a Mitigated Negative
Declaration for Environmental
Assessment case No. EA130006.

C) Consideration of Tentative Tract
Map No. 36620 for a new gated
subdivision that creates 82 new
single - family lots in addition to
common lots for landscaping, private
streets and retention basins.

On the east side of Via Josephina
between an existing equestrian
facility (north) and the Versailles
neig~borhood (south) .

33.74 acres
Via Josephina and Via Florencia
Vacant
N: equestrian center and vacant land
E: vacant land; S: Versailles
neighborhood and W: vacant land.

Plan: Section 30 Specific Plan .

9. Surrounding Specific Plan
and General Plan/Zoning: N: R-M (Residential, Medium Density, 4 du/acre); E: R-M (Residential,
Medium Density, 4 du/acre); S: R-L - 3
(Resid ential, Low Density, 3
du/acre) & R-L - 2 (Residential Low
Density, 2 du/acre); and W: R-L-2
(Residentia l, Very Low Density 2
du/acre)
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10 . Environmental Information:A Mitigated Negative
will be filed.

Declaration

RECOMMENDATION
That the Planning Commission recommend to the City Council:
4) Approval of a Mitigated
Environmental Impact based
Case No. EA1300 06; and
Negative Declaration of
upon Environmental Assessment
5) Adoption of an Ordinance approving Specific Plan Amendment Case No. SPA13001, subject to the Conditions of Approval and based on the Findings and Content in this Staff Report; and 6) Approval of a Resolution to approve Tentative Tract Map No. 36620 based upon the Content, Findings and Conditions in this staff report

REQUEST AND BACKGROUND
The applicant has submitted the following applications for consideration: 1. A Specific Plan Amendment to revise the Section · 30 Master Circulation Plan; and 2. Tentative Tract Map No. 36620 for an 82 - lot subdivision of single family homes.

The west half of Section 30 was annexed from County to City jurisdiction in 1994; the east half was annexed in 1984. In 1999 the City approved, with property owner input, the Section 30 Master Circulation Plan . The goal of the plan was twofold: to eliminate the "cut through" streets planned as part of the county circulation element; and secondly, to minimize t he area of public streets needed while providing public street access to all parcels. In neighborhood workshops it became clear that the proper t y owners also wanted equestrian (later termed multi-use) trails throughout Section 30; this requirement was added to the circulation plan.

In keeping with the original intent of the Section 30 Master Circulation Plan, the applicant is proposing a slight realignment of Via Florencia, which is an undeveloped public road that will serve the project site. Staff is in support of the proposed realign ment, as it satisfies the aforementioned goals of the Section 30 Master Circulation Plan.

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SPECIFIC PLAN AMENDMENT SPA13001
I Circulation
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The Section 30 Master Circulation Plan was prepared to satisfy General Plan Circulation Element Program 9. 8, which directs the City to address existing circulation issues within this section of the city. The proposed master plan would also supersede roadway design set forth in a Specific Plan previously prepared on the east half of this section. The Section 30 Master Circulation Plan was last revised in 2004 with the development of the Versailles neighborhood; a realignment of Via Josephina was needed for the final design of that project. The roadways which will be affected by the proposed development are Via Josephina and Via Florencia (currently unimproved along its entire length).

The Section 30 Master Circulation Plan shows Via Florencia extending eastward from its western terminus at Landy Lane to a point which lies approximately 600 feet west of Monterey Avenue ( see Exhibit 1) . The road then turns north and continues to an endpoint at the Ginger Rogers alignment; the length of this segment is approximately 4,900 feet (.94 miles). Via Josephina, a local street running north-south, is intersected by Via Florencia +l, 350 feet (. 25 miles} north of its intersection with Via Marta and ±660 feet south of its intersection with Ginger Rogers Road; the proposed realignment takes place at this location.

The proposed realignment will benefit existing and future residents alike. Under the current plan there is a five acre parcel of land, APN 685-110-014 which is owned by Peter Solomon that does not have street access. This issue surfaced recently during the processing of TTM36621 which was approved by Council July 31, 2014. The parcel in question lies just east of the existing equestrian facility that lies to the immediate north of the proposed project. Access to the landlocked parcel is currently being taken through the equestrian facility itself, but future changes in ownership may prohibit the continuance of this agreement. The applicant's proposal offers a solution to this problem by shifting Via Florencia to the north approximately 300 feet (see Exhibit 2). The new alignment will move Via Florencia to the southern border of the equestrian facility and will extend from Via Josephina eastward approximately 1,300 feet at which point it will meander south to its original alignment. The proposal will offer street access to the equestrian center and landlocked parcel alike.

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Another benefit to the proposed realignment is the buffer it will create between the equestrian facility and future occupants of this project. Under the current configuration future homeowners would share a property line with the equestrian center which could potentially lead to noise, smell, dust and other issues which are common to such facilities. By shifting the road to the north it would ensure a 60 foot buffer between the equestrian facility and any future property.

If the project were to develop per the existing circulation plan it would be segmented into three separate neighborhoods, two on the north side of Via Florencia and one on the south. The proposed design creates two neighborhoods, the larger of which is comprised of 64 lots. The applicant is proposing to take on all land dedications and improvements, including landscaping, as it pertains to the public street section of Via Florencia, and as proposed the project maintains the original intent of the Section 30 Master Circulation Plan.

One-Way Street
There are no guidelines for the development of one-way streets in the City's Municipal Code. As seen on the large map exhibit the applicant is proposing a one - way "eyebrown street which will serve the four large lots opposite the project's main entry (Lots 79 - 82). Future residents will access this road from its eastern intersection with Via Florencia and will travel westbound along its length. A substantial landscape buffer, complete with two groupings of California Fan Palms and desert appropriate shrubs will separate this one-way street from Via Florencia. A benefit of this configuration is the added safety and privacy that is created for the four lots that will be located on the north side of the street. The eyebrow street is proposed to be 20.5 feet in width, and Staff is recommending that it be constructed entirely of pavers (see Condition of Approval #22) The Public Works department wil l work with the applicant in determining the street's final design.

Senate Bill 18 (SBlB)
All general plan and specific plan amendments require consultation with California Native American tribes before the adoption of such amendments. The Native American Heritage Commission was contacted for a list of tribal governments with traditional lands or cultural places located in the vicinity of the project area; eight tribal governments were identified through this process. A AGENDA ITEM#
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Request for Comments was sent to each tribal government on October 2, 2013. There is a 90 day commenting period for such requests, and said commenting period expired on January 3, 2014. Comments were received from the Agua Caliente Band of Cahuilla Indians on October 16, 2013 requesting the inclusion of three Conditions of Approval. The 6onditions have · been added to this staff report and have also been inserted as mitigation measures in the Mitigated Negative Declaration which was prepared for this project. No other tribal comments were received regarding this project.

FINDINGS
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l. The proposed Specific ~lan Amendment
detrimental to the public interest,
con_venience, or welfare of the City.

I
would
health,
not be
safety,

2. The proposed Specific Plan Amendment would provide street access to a parcel that does not currently have it.

3. The proposed project h~s been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects •Upon environmental quality and natural resources that would not be properly mitigated and monitored.

TENTATIVE TRACT MAP NO. 36620
Request and Background
The applicant is proposing to subdivide 33.74 acres of land into 82 residential lots. The project site exists within two different zoning districts: R-M (Medium Density Residential, 4 du/ac max) and R- L -: 2 (Very Low Density Residential, 2 du/ac max).

Approximately 85% of the project lies within the R- M zone.

Lot Size
About 12 months after this project was submitted the City initiated a Zoning Text Amendment (ZTA14002) which sought to increase the minimum lot sizes in the R- H, R-M, R-L-2 and R-L-3 zones. The second reading of ZTA14002 will take place on November 6, 2014 and the new standards ·will take effect 30 days after that date, provided it is approved .. Due to the fact that the subject application was submitted well before ZTA14002 the applicant will not be required to meet the new standards; however, in order to AGENDA ITEM#
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create a project that is more consistent with the City 's long term development goals the applicant has increased the minimum lot size in the R-M zoned portion of the project from 8,000 square feet to 9,000 square feet . The Section 30 Subcommittee reviewed this proposal on three separate occasions and was satisfied with the final design of the tract.

Proposed lot sizes vary from 9,057 to 19,101 square feet. Lots 2 - 9 exist within the five acre portion of the project which is zoned R-L-2 and average 15,490 square feet; this portion of the site lies at the project's northwest extent. Typical five acre subdivision designs in the R- L-2 zone yield 8 - 9 lots; this project proposed eight lots in the R-L - 2 zoned portion of the site . Lots 1 and 10 are zoned R-M, but act as entry lots to the R-L-2 zoned cul - de -s ac. These two lots have been designed for consistency with the other R-L-2 zoned lots and measure 15,947 and 15,990 square feet respectively. Density in the R-L-2 zoned . portion of the project is 1.6 du/ac. The average lot size in the R- M zoned portion of the project is 11,094 square feet and the density for this area of the project is 2. 6 du/ac. The average lot size for the entire project is 11, 523 square feet, and the overall density is 2 . 4 du/ac; maximum build - out of this site would allow a density of 3.7 du/ac.

The southern boundary of the project abuts an existing residential subdivision commonly known as Versailles. The zoning
classification for the Versailles development is R- L - 3 (Resid ential Low Density, 3 du/ac max). The minimum lot size for the R-L-3 zone is 10,000 square feet; however, as previously mentioned, ZTA14002 seeks to change the minimum lot size in the R­ L-3 zone to 12, 000 square feet. At the direction of the Section 30 Subcommittee the applicant designed the boundary lots to be more consistent with the existing lots in the Versailles neighborhood. The proposed lots average 12, 254 square feet along this common boundary which is 74% as large as the lots on the Versailles side of the wall.

Due to the size of this project a Preliminary Development Plan (PDP) shall be required for the future development of the houses.

Single family permits may be considered in the R-L - 2 zoned portion of the project as well as for Lots 79 - 82 as shown of the map exhibit (see Condition of Approval #2).

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Setbacks
Setbacks for the R- L-2 and R-M zone mimic each other with the exception of the front yard dimension; the requirements are listed in the table below.

R-L-2 R-M
Front 25' 20'
Rear 25' 25'
Side 10' 10'
Street Side 15' 15'
*17.08.020 Residential districts general development standards.

The front yard setback for the R-M zone is 20 feet, while the requirement for the R-L- 2 zone is 25 feet. The applicant wil 1 maintain the 20' setback requirement in the R-M zone, but would 1 ike to make a soft transit ion from 20' to 25' where the zone changes to R-L-2. Staff feels that the request is appropriate based on the fact that the zone change occurs within the gated community approximately ¾ of the distance into the corresponding cul-de-sac. The map exhibit displays the correct setbacks as they relate to the different zoning districts, but the City will work with the future developer in creating an appropriate transition; the details of this transition will be solidified when a Preliminary Development Plan (PDP) is submitted for the development of the houses.

With the development of this prc.ject, the existing single family home which lies on the north side of Via Florencia will share a property line with three new lots. As seen on the large map exhibit Lots 79 and 80 will share their rear yards with the existing residence; the rear yard setback is 25 feet in this zone.

Lot 65 lies directly east of the existing residence, and is configured to share a side yard with said home. The required side yard setback is 1 0 feet; Staff is recommending that this setback be increased to 15 feet (see Condition of Approval #25).

Subdivision Design
The proposed layout of the subdivision map has been influenced largely by existing developments in the vicinity. The five acre parcel within the project site with the R-L-2 zoning is bordered to the south by an existing single family home which itself sits on five acres of land. The remainder of the southern boundary, as previously discussed, will abut an existing residential A GENOA ITEM#
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development called Versailles which was approved in December of 2001. The western boundary of the project lies adjacent to Via Josephina. The northern boundary is bordered by a five acre parcel which houses the aforementioned equestrian facility, another five acre parcel which supports a venue for outdoor events called "Western Town", and vacant land. The eastern boundary abuts vacant land.

Unique to this development is an existing single family home which will be engulfed on three sides with the development of this project. The home in question sits on 1.35 acres of land and is located approximately 1,176 feet (. 34 miles) east of Via Josephina. Three residential lots will neighbor the existing home: two on the east and one on the west. The two lots to the west will have rear yards that abut the existing property; the lot to the east will have a side yard that abuts the existing home.

The southern property line of the single family home will lie adjacent to the newly improved Via Florencia, and will be located 60 feet from any new residential lat in this direction. With the exception of the one aforementioned lot, the remainder of the existing home's east property line will be buffered by a new private street and landscaping. The closest new home in this direction will be approximately BS feet away.

Streets
The street layout for the proposed subdivision consists of both public and private streets. Via Florencia will provide access to the entire project; this street is currently unimproved along is entire length. The 36 foot travel-way will be bordered on either side by a 19 foot parkway which is to include a multi -purpose trail . and landscaping. The requirements for the 19 foot parkway are unique to Section 30, and have been documented in the Section 30 Master Circulation Plan. The following paragraphs describe the project's proposed streets; the large map exhibit which accompanies this report can be used as a reference for this discussion.

All of the private streets with i n the development are to be 37 feet wide as measured from back-of -curb to back-of -curb. The six private streets that serve the development are accessed by two gated entrances . The main gate will provide access to 64 of the 82 residential lots, the secondary gate will provide access to 14 lots, and the one - way street will provide access to the remaining four lots. The project's main entry will be gated as shown on page 2 of the exhibit booklet. Approximately 105' exists between A GENOA ITEM#
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the street and the entry gates, al lowing ample room for five veh icles to stack whilst awaiting entry into the development. The design of the entry is consistent :with those typically required by the Public Works Department and is appropriate for developments of this size.

Street Lot G (the private entry street) extends south nearly 400 feet from Via Florencia to a "T" intersection within the project.

Due to the fact that this is the main entry into the project this street will be upgraded with decorative pavers along its entire length. No lots take access from this street, and a substantial amount of open space, courtesy of two large retention basins, flank this travel way to further define the boulevard style treatment of the entry.

The east-west street that intersects street Lot G, labeled as Lot D on the map, provides the means for accessing the rest of the development. Approximately 160 feet west of street Lot G is another private street, labeled as Lot F, which extends north and terminates into a cul-de-sac bulb; thirteen lots are served by this street. Street Lot D continues west from this cul-de-sac approximately 260 feet at which point it turns north and terminates at a gate which will allow residents to exit onto Via Florencia . This gate will be for emergency use and egress only; residents will not be able to enter into the development at this location. Approximately 140 feet south of this exit gate is another private street which extends westward, this street is labeled as Lot Con the map exhibit. As previously mentioned, the first two lots within this cul - de - sac lie within the R-M zone and the remaining lots exist within the R-L-2 zone. This makes up the western portion of the site.

Moving east approximately 1,150 feet along street Lot D from its intersection with the entry street (Street Lot G) is a segment of roadway with houses on either side. The street eventually turns north and terminates at another gate which will serve vehicles onto Via Florencia; this gate is to be an emergency and exit only gate similar to the one previously mentioned. Street Lot D provides access to 41 homes along its entire length . Rounding out the development is one final private street with its own entry gate; this cul - de - sac exists on the north side of Via Florencia at a location just east of the previously discussed single family home which currently exists in the area. This secondary entrance is consistent with the design of the main entry, and provides ample room for five cars to stack as they await entry into the AGENDA ITEM#
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development. This street is labeled as Lot M on the map and extends north from Via Florencia approximately 150 feet to a point where it turns east and continues another +450 feet to its terminus at the cul-de- sac bulb. Fourteen homes are served by this street.

The vast majority of lots are rectangular in nature and easily developable; however, there are a handful of lots that are more unique in design. Lots 31, 51, 55, 72 and 73 have all been designed as flag lots, but each of them has a developable area that would a l low for the construction of at least a 3,000 square foot home.

The street sections for both public and private streets have been included as part of the map exhibit. The typical design for public streets in Section 30 requires a 60 foot right-of-way which is to include a 36 foot roadway and 19 feet of parkway on either side of the street. All private streets will have a minimum distance of 37 feet between back of wedge curbs, and in locations where median islands are being proposed, there will be a distance of 50 feet between back of curbs; the travel ways in these locations will be 20 ½ feet in each direction with a nine foot median separating them. Both the Public Works and Fire
Departments have reviewed the street designs and found them to be satisfactory per City standards.

Drainage and Pad Elevations
The project is designed to collect and retain the drainage from the entire subdivision. As seen on the large map exhibit, drainage will be collected in seven retention basins that have been dispersed throughout the site. Retention Lots A and B are located in the R-L-2 zoned portion of the project, and lie on the north and south sides of the cul-de-sac respectively. These two retention basins will collect runoff from Via Florencia as well as from all of the lots on this street (lots 1 - 10). Retention Lots A and 8 are 9,535 and 9,353 square feet respectively and are just aver 4' deep from their bottom to the water surface elevation.

Retention Lot E will also get some runoff from Via Florencia, but will mostly collect water that flows along street Lot D.

Retention Lot E will serve a total of 25 lots (11 - 17 and 47 - 64); this basin is 21,999 square feet in size and is 5' deep from its bottom to the water surface elevation.

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Retention Lots H and I flank either side of the entry street (street Lot G) and are the largest of all the retention basins.

These two basins are responsible for collecting water from Lots 18 - 26, 3 9 - 46, and surface runoff from street Lot D, the entry street, the one - way eyebrow street, and portions of the newly improved public street (Via Florencia). These basins measure 24,279 and 30,911 square feet respectively and are just over two feet in depth from bottom to water surface elevation.

Retention Lot K is the last basin which is to be located on the south side of Via Florencia; as proposed this basin will be 7,324 square feet in size. This basin will collect water from residential lots 27 - 38, and surface runoff from the eastern portion of street Lot D and portions of Via Florencia. This basin will also connect to Retention Lot L to the north via underground pipes.

Retention Lot L lies at the end of the cul - de - sac which is located on the north side of Via Florencia (street Lot M). This large basin (11,701 square feet) will serve the fourteen residential lots within this cul - de - sac as well as surface runoff from street Lots M, R and Via Florencia. In total, the retention basins take up a collective 105,567 square feet of area; this amounts to an open space area within the project site of 2.42 acres.

Pad Elevations
The proposed pad elevations are consistent with the existing topography of the land and will allow water to drain properly throughout the site. Pad elevations are highest near the main entry gate and tend to diminish in a radial pattern from this location. The pad heights for this development range from 313 . 50' at the project's northeast extent to 325.30' for Lot 80 which lies opposite the main entry.

As seen on the large map exhibit, the finished floor height for the existing single family home which is located on the north side of Via Florencia is listed at 323 . 20 feet. The lo t to the east which is to share a property line with this existing home has a proposed pad elevation of 316. SO feet. The two lots to the east which will border the existing home, Lots 79 and 80, have pad elevations of 325 .10 and 325. 30 feet respectively. The finished floors for the homes on these two lots will end up being between 2 . 5 and 2. 7 feet higher than that of the existing single family home. Staff is recommending that the pad heights for these lots AGENDA ITEM#
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be limited to 323. 80 so that the finished floor heights for the future homes are only 12" above the existing home ( see Condit ion of Approval #22).

The single family home which fronts onto Via Joshephina, and lies just south of the R-L - 2 zoned portion of this project has a finished floor elevation of 318.70 feet; this can be seen on the large map exhibit. Pad elevations for the new lots which will share a property line with the existing residence are between 315.30 and 317.90 feet. This existing home also shares its eastern boundary with two new residential lot {Lots 11 and 12), as wel 1 as Retention Lot E. Pad heights for Lots 11 and 12 are 319 .10' and 318. 30' respectively, which means the finished floor height for these future homes will be slightly higher than that of the existing residence. Staff is not concerned with the pad difference at this location due to the fact that the actual structure of the existing homes lies approximately 500' from this location.
a property line
of these newly
are below the
There are 19 lots {Lots 13 - 31) which will share
with the existing Versailles neighborhood. All
proposed lots will have pad elevations that
neighboring lots in the Versailles community.
newly created lots along the Versailles border
lower than that of existing adjacent homes.

On average, the
will be 2.23 feet
Utilities and Improvements
A will-serve letter for sanitation service has been provided, but water service is not currently available; comments from the Coachella Valley Water District read as follows:

CVWD has recently completed domestic water hydraulic modeling studies of other projects located in the Mission Hills area.

The hydraulic modeling studies show that there is no surplus capacity in the domestic water system for domestic water demand and fire flow requirements for new development .

However, CVWD is currently designing a 3. 2 million gallon reservoir and a 36-inch diameter transmission main to serve the Mission Hills area. It is anticipated that these
facilities will be complete by December 2015.

The issuance of water meters will not occur until after the abovement ioned infrastructure is completed. Mitigation measures have been included in the project's Mitigated Negative Declaration AGENOA ITEM#
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which addresses this issue; the summary of the mitigation is listed below and has been added to the Conditions of Approval (see Condition #26):

No City permits shall be issued for improvements upon said property until the CVWD infrastructure is completed and operational, or until a "will-serve" letter from CVWD is submitted to the City.

This project will be required to underground the existing overhead utility lines and poles that traverse the site as required by Section 12.16 of the Rancho Mirage Municipal Code. This requirement has been added to the project's conditions of approval.

Sewer Lift Station Reimbursement
In 2003, Mr. Peter Solomon, representing Regency Homes during the construction of Versailles (Tract 29065), established a program to reimburse Regency Homes for working with the Coachella Valley Water District to install a $458,483.00 (estimated cost) sewer lift station that would benefit other properties to the north and west of his development (Council Resolution No. 2003-34). The resolution states: "That the service area for the proposed Lift Station is approximately 222 acres in addition to the 106 acres in Tract 29065." Five parcels within this project site are subject to the sewer reimbursement fee. Each lot, along with its respective fee, is listed in the table below.
0rigina -1 APN, ' Current· ~PN' Fee
618-510-009 685-110-005 $5,685
618-510-010 685-110-006 $8,360
618-510-011 685-110-007 $3,344
618-510-012 685-110-008 $8,360
618-550-018 685-100-013 $8,360
. . Total
$34,109
A total of $34,109.00 of reimbursement fees need to be paid prior to any grading plan checks or other activities that would result in the issuance of City permits (see Condition of Approval #37).

Other Issues
California Fire Code requires a secondary access road be provided for dead end single access roadways that exceed 500 feet in AGENDA ITEM#
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length. To satisfy this requirement the applicant has chosen to construct an emergency vehicle access road along the project I s
eastern border which will travel north to the Ginger Rogers alignment; at this location the emergency vehicle access road will turn east and terminate at Monterey Avenue. The terminus point of the emergency road will align with the existing intersection of Monterey Avenue and Dick Kelly Road (Palm Desert side). The location of the proposed emergency road is consistent with the public street layout for the Section 30 Master Circulation Plan.

The emergency road will be 20' in width and will be paved to the satisfaction of the Public Works Department. As build - out occurs adjacent to the emergency road developers will be required to construct the public street in a manner that is consistent with the City's applicable regulations and design guidelines.

Bollards shall be installed at a location deemed appropriate by the Planning Division in order to restrict public access onto the emergency road; they wi 11 need to be placed both at the project site as well as at the emergency road's intersection with Monterey Avenue. The bollards are to be outfitted with knox locks so that emergency service personnel can utilize the travel way, and the final location of these instruments must be approved by the Public Works Department as well as the Fire Department and are to be shown on the Final Development Plan (see Condition of Approval #27)
Landscape Plan
A summary of the landscape amenities is listed below, each of which will be described in detail in the paragraphs that follow:
• Interior tree lined streets
• Traffic calming devices
• Pavers at the project's entries and exits
• Pickleball court
• Half basketball court
• Dog park
• Accent trees in the cul-de-sac bulbs
• Boulevard style entry street
The applicant's landscape architect has provided a plan for parkway landscaping, entry gates and retention basins. Landscape plans for the individual lots will be required as part of a Preliminary Development Plan (PDP) submittal. A desert landscape AGENDA ITEM#
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plan has been chosen for the
climate appropriate vegetation
site.
overall scheme, and a variety of
will be employed throughout the
Entry
An entry detail can be seen on page 3 of the exhibit booklet. The retention basins which flank the main entry are substantial in nature and frame the entrance. Upon entering the subdivision, motorists will enjoy a tree lined boulevard which is complete with open space on either side and which has been upgraded along its entire length with decorative pavers. As the entry street meanders to its terminus point at Lot J, view of the Santa Rosa Mountains will be seen beyond Lot J which will house the mailbox clusters and which will be developed as a private dog park.

Trees
Section 17. 24. 040 of the Rancho Mirage Municipal Code {Landscape Development Standards) discusses the location and frequency of tree placement along public street frontages. The installation of street trees does well to upgrade the entire street scape. While most developers are sensitive to the local climate and often use many of the same species of tree, the frequency and grouping of said trees creates a uniqueness that is specific to each project.

project, and pages 4 and 5 show the streetscape plan at a larger scale so that the individual plant materials can be seen. The layouts on these two pages are typical of how the entire public street will be developed. Tr~P.s are to be planted at a rate of one per every 30 linear feet of street frontage; the applicant's design is consistent with this requirement. Although the frequency of tree plantings is appropriate, the minimum requirement for the size of the trees is deficient. Per the aforementioned section of the Code, projects that are more than one acre in size are to maintain minimum standards as described in the table below:
-... Px-oject Area over 1 Acre . .
30% / 36-inch box; and
Trees 50%, 24-inch box; and
20\ I 15-gallon
Shrubs 60%-, 5-gallon; and 40% / 1-gallon
Groundcover 10% coverage within l year
* Table 3-4 Minimum Sizes and Mix for Landscaping (17 .24.040 AGENDA ITEM#
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Landscape development standards)
Staff believes that 50% of the trees along the public street, and all of the trees which line the entry street, should be upgraded to 36u box selections so that a more formal and mature aesthetic is had. The final landscape plan shall denote the type and quantity of each plant material and shall also list the percentages as described above; Conditions 14 - 16 have been added to ensure these requirements are met.

The public street frontages will be adorned with five different types of tree. The two most prominent species are Acacia Aneura Mulga and Casuarina Stricta Beefwood; a total of 77 are proposed.

Washingtonia Robustas (Mexican Fan Palm) are also proposed along the street frontage, but comments from the ARB may prompt the applicant to replace these with Washingtonia Filifera. There are 67 Mexican Blue Palms (Erahea Armata) dispersed amongst the project, with 3 8 proposed along the public street frontages; the remaining 29 have mostly been located within the multiple retention basins. Three Palo Brea trees will be symmetrically placed at the main entry gate, but a total of 21 will be used throughout the site. Heritage Oak trees wil 1 1 ine all of the interior private streets, with 64 being used in total. Floss Silk trees will be used in the three cul-de-sac bulbs as an accent to these terminus points. In addition to the plethora of trees being use within the subdivision landscaped medians will be installed at key locations for aesthetic relief and traffic calming purposes.

Aside from the multitude of trees there are a substantial of shrubs, succulents and vines proposed. The table
displays the most popular selections of these materials.

Cacti and Succulents
Blue Elf Aloe l Gal. 273
Red Yucca 1 Gal. 184
Agave Desmentiana 5 Gal. 103
Ground Cover
Bush Morning Glory 1 Gal. 114
Shrubs
Gold Star Tecoma 5 Gal. 178
Fairy Duster 5 Gal. 144
Green Cloud Texas 5 Gal. 98
amount
below
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Ranger
Vines
Bougainvillea 5 Gal.

Gold Star Tecoma Vine 5 Gal.

There are 20 additional varieties of plant material
the project site along with decomposed granite,
approximately 25, 000 square feet of turf throughout
site.

49 34
proposed for
cobble and
the project
The two formal entrances to the project will be upgraded with interlocking pavers along with all of the cul-de-sac bulbs. All of the private cul - de-sacs will feature landscaped medians for improved street aesthetics.

Retention Basins
Plans for the seven retention basins have been included as part of the landscape exhibit. There are three basic designs for the retention basins: 1) Oesertscape with no turf; 2) Desertscape with turf in the bottom of the basin; and 3) Desertscape with turf and recreational amenity. Retention Lots B, Hand K will have no turf; Lots A and L will have turf at their bottom; and Lots E and I will have recreational amenities. Retention Lot Eis located at the southwest corner of the project and will be outfitted with a pickleball court . A meandering walkway that is to be constructed of decomposed granite will usher users to a smal 1 turf area and will terminate at a paved seating area. The pickleball court lies just south of the turf area. The details of this area can be seen on page S of the exhibit booklet.

Retention Lot I, which can be seen on page 6 of the exhibit booklet, lies just east of the entry street. This large basin will have a fair amount of turf and will also house a half basketball court and playground equipment. Access to these amenities will be had by way of a meandering concrete pathway; a seating area will lie adjacent to the playground equipment.

Common Lot J
Common Lot J lies at the terminus of the entry street. The northernmost portion of this common lot will feature a circular driveway which is to be upgraded with interlocking pave rs. This driveway is proposed to be 13' wide; however, the City's Municipal Code requires a minimum one-way driveway width of 14 feet. The mailboxes will be cluster~d at this location due to its centrality within the project site, and residents will be able to utilize AGENDA ITEM#
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this small street for temporary parking while they retrieve their mail. The rest of this lot will be designed as a dog park. A concrete path will meander south from the circular driveway and will connect to a series of grassy areas and concrete benches.

The design of this area can be seen on page 7 of the exhibit booklet.

Streets
The entry street is to be constructed entirely of interlocking pavers, and with the large retention basins that flank this street this will truly become a grand entryway into the site.

Interlocking pavers have also been proposed at the entry to Street Lot M, which is the entrance to the cul-de-sac on the north side of Vi~ Florencia.

Architecture Review Board
At their meeting on December 16, 2013, the Architectural Review Board (ARB) reviewed the landscape plan for the project. The following suggestions were offered during that meeting:
• Use a slump stone with sack finish (perimeter wall)
• Incorporate expansion joints every 20 feet (perimeter wall) • Consider switching certain plants (replace Robusta with Fil if era)
• Explore making the eyebrow street private, one-way, and upgrading with pavers
• Include recreational amenities in the retentior: basin, which - will be gated at the owners' discretion

ENVIRONMENTAL DISCUSSION
The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration has been prepared and is on file in the Planning Division.

SUMMARY
The project has been designed to conform to all applicable · zoning regulations and has an overall density which is consistent with developments in the area . Special consideration ha~ been given to the type and degree of the Speci fie Plan Amendments that were recommended so that the project may function more appropriately as a single entity, but also for the _betterment of the City's goals AGENDA ITEM#
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for the eventual build - out of Section 30. The levels of amenities that have been included in this project ar~·what one would come to expect for a development of this size in Rancho Mirage. Staff is recommending the Planning Commission recommend project approval based upon the content, findings and conditions of approval in the staff report.

TENTATIVE TRACT MAP CONDITIONS OF APPROVAL - Special conditions (or portions thereof) for this subdivision are shown as bold.

I . GENERAL

1. All improvements shall conform to the provisions of the Rancho Mirage Municipal Code, Title 16, (Subdivisions), unless specifically modified by any of the follow i ng
conditions.

2. A Preliminary Development Plan Permit approval shall be obtained by the applicant prior to development of any
lot created by this subdivision.
3 . The Tentative Tract Map approval shall be effective for two years following final action by the City Council. A Final Map must be approved by the City within this
specified time period or the Tentative Tract Map
approval shall become null and void unless the
expiration date for the Tentative Map is extended as
provided by Chapter 16 . 14 of the Rancho Mirage Municipal Code.

4. Adequate fire flow shall be verified by the applicant and shall be in place and functioning prior to issuance of any building permits.
5 . The applicant shall comply with Chapter 9.60 of the Municipal Code which requires disclosure in the sale of residential property.

6. The applicant shall ·comply with Chapter 15 . 30 of the Municipal Code which requires maintaining security for
gated communities during construction.

II. PLANNING - PRIOR TO CITY COUNCIL APPROVAL OF THE FINAL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED:

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. 7. Within s days of · project approval the applicant shall .subini t to the City of Rancho Mirage a check in the
amount of $2,181.25 for a filing fee related to the
Mitigated Negative Declaration; payment shall be made
out to The Riverside County Clerk.

8. Detailed plans of all walls, conforrning _to provisions of the Rancho Mirage Municipal Code in terms of materials, height, location and construction, shall bi reviewed and approved by the City and shall be shown on the Grading
Plan. · If retaining walls are installed, they shall be waterproofed with a City approved water proofing agent
at or below the surface of the earth to be retained.
9, Street names and addresses for the subdivision shall be submitted to the Planning Division and shall be subject to the approval of the City of Rancho Mirage.

10. A detail of the . entry area and all other gated access points, including landscape, architectural, and
dimensional information, shall be submitted for review
and approval by the Planning Division.

11. All perimeter walls shall be designed with aesthetic relief. All top of wall elevations and adjacent finish
grade elevations for the project perimeter and entry
walls shall be subject to review and approval by the
Planning Division and City Engineer.

12. 13.

The applicant ~hall execute a wri~ten acknowledgment to the Planning Division stating acceptance of and
compliance with all of the Conditions of Approval for
this Tentative Tract Map and that the plans submitted
are in compliance with the Conditions of Approval and no modifications will be made to said plans without
approval of the Planning Manager or Planning Commission.

Landscape plans and installation schedules for all
public and private street parkway areas between any curb and t.he right of way line or perimeter wal 1, shall be submitted to, and approved by the Planning Division.

The plans shall be submitted · as a Landscape
Documentation Package in accordance with Ordinance N~
836. The plans shall indicate topographical
information, plant species, sizes, location, and method AGENDA ITEM#
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14. of irrigation. The applicant/subdivider shall provide evidence that the landscape plan has been reviewed and
approved by the Riverside County Office of the
Agricultural Commissioner. Prior to release of bonds the project landscape architect shall submit written
verification that the landscaping has been installed per the approved landscape plan.
a. The "active"
relocated to
project site,
located along
retention basin amenities shall
a more central location within
and the "passive" amenities shall
the project's perimeter.

The proposed tree plantings shall adhere to
following minimum size requirements: 30% - 36" Box;
- 24" Box; 20% - 15 Gallon, and shall be denoted on
final landscape plan.
be
the
be
the
50%
the

15. 50% of the trees along Via Florencia shall be 36" box or larger as approved by staff.

16. All of the trees that line the entry street (Street Lot G) shall be 36" box or larger aa approved by staff.

17. The multi-use trail shall continue across the landscaped median which separates Via Florencia from the one-way
"eyebrow" street.

18. 19.

20. Pursuant to Chapter 17.20 of the Rancho Mirage Municipal Code, locations, screening methods, or undergrounding of all electrical transformers, utility pads, cable TV and telephone boxes, and similar utility fixtures, shall be shown on the landscape plan.

A cultural resources inventory shall be conducted of the project area by a qualified archaeologist prior to
development.

The presence of an approved Native American Cultural
Resource Monitor (el during ground disturbing activities {including archaeological testing and surveys) is
required, Should buried cultural deposits be
encountered, the Monitor may request that destructive
construction halt and the Monitor shall notify a
Qualified Archaeologist (Secretary of the Interior's
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21. ' Standards and Guidelines) to investigate and, if
necessary, prepare a mitigation plan for submission to
the State Historic Preservation Officer and the Agua
Caliente Tribal Historic Preservation Officer.
',
Copies of any cultural resource documentation (report
and site records) generated in connection with this
project shall be given to the Agua Caliente Band of
Cahuilla Indians Tribal Historic Preservation Office
(ACBCI THPO).

22. Pad heights for Lots 79 and 80 shall be limited to
323.80' or lower in elevation.

23. The one way "eyebrow" street shall does'not have to be constructed entirely of decorative pavere, but the
pavers shall be integrated into the one-way street as an accent material. The final design shall be shown on the Final Development Plan and shall be approved by Staff.
a. THE EYEBROW STREET SHALL BE WIDENED TO 2 4 FEET AND
MADE TWO-WAY.

24. The two locations where Street Lot D intersects with Via Florencia _ shall be upgraded with decorative pavers.
a. THE APPLICANT SHALL ADD ANOTHER TRAFFIC CLAMING DEVICE TO ROAD D OF A DEISIGN TO THE SATISFACTION OF STAFF.
b. IF FEASIBLE AND AS LONG AS THE SOUTHERN LOTS ARE NOT

RAISED MORE THAN SIX INCHES IN HEIGHT, THE APPLICANT
SHALL MOVE LOT 46 TO LOT E.

25. The aide yard setback (west lot line) for Lot 65 shall be increased to 15 feet.

26. 27.

City permits shall not be issued for improvements upon
this property until the CVWD infrastructure is completed and operational, or until a "will-serve" letter from
CVWD is submitted to the City.

Bollards shall be installed at the east and south ends
of the emergency access road. The bollards shall be
contain knox locks so that emergency service personnel
can utilize the travel way, and the final location of
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the bollards must be approved by the Public Works
Department as well as the Fire Department and shall be
shown on the Final Development Plan.
a. THE APPLICANT SHALL MAINTAIN THE EMERGENCY ACCESS ROAD TO THE SATISFACTION OF THE STAFF IN PERPETUITY.

28. Landscaping shall be installed on both sides of Via Florencia to the satisfaction of staff.

III. PUBLIC WORKS - PRIOR TO ISSUANCE OF GRADING PERMITS FOR ANY

CONSTRUCTION UPON ANY LOT CREATED PURSUANT TO THE APPROVAL OF THE MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:

FORMATION AND/OR ANNEXATION TO CFD

29. Pursuant to Ordinance N£485 the applicant shall provide evidence that formation of, or annexation to a
Communities Facilities District (CFD) No. 1 -Police and Fire services - to pay the City annually for public
service costs associated with this project has been
initiated. This requires the submittal of an
application fee, the preparation of a boundary map, and 6- 8 weeks processing time. The applicant is advised to begin the application process as soon as possible,
because the CFD annexation must occur prior to issuance of Building Permits.

STUDIES AND CALCULATIONS REQUIRED

30. The applicant shall submit a soils report, geological and hydrology studies, and hydraulic calculations, as
required by the City Engineer, prior to approval of the Final Map or Grading Plan, whichever occurs first.

SECTION 30 COLORED SIDEWALK

31. Plans for the required Section 30 colored sidewalk, in accordance with City standards, shall be submitted to
the Planning Division and City Engineer and shall be
shown on the plan. The 6' wide meandering sidewalk shall have a medium broom finish 4" thick I?. C. C ( Poured in Place Concrete) and shall be constructed in accordance
with City Standard 500. The color shall be Davis Co.
ttYosemite Brown" or approved equal. Where the sidewalk or street improvement and landscape is located on
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private property, a public access easement shall be
provided and recorded, subject to the approval of the
City Engineer.

GRADING & DRAINAGE PLAN

32. The applicant shall to submit a grading and drainage plan prepared by a 1 icensed civil engineer. · The grading and drainage plan shall be consistent with all
conditions of approval associated with this subdivision map and any Preliminary Development Plan entitlements
issued for the subject project . The grading and
drainage plan shall conform to all city policies,
standards and regulations applicable to the project.

Should the proje c t involve grading and drainage issues related to Coachella Valley Water District (CVWD)
facilities, written evidence of the District's approval shall be included with the submittal to the City of
Rancho Mirage.

STORMWATER RETENTION
3 3. The grading of the · project shall be designed such that all storm water · to the level of a 100 year frequency
storm; worst case of the 1, 3, 6, or 24 hour duration,
shall be retained on site . A Hydrology/Hydraulic
Report, in accordance with the Riverside County
Hydrology Manual, shall be submitted from a Registered
Civil Engineer, showing how stormwater is conveyed and
retained on-site.

STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS

34. The applicant shall execute and submit the City of
Rancho Mirage Standard Agreement for Construction of
Public Improvemen t s for review and approval by the City Engineer and City Attorney.

STREET IMPROVEMENTS
35 . Street improvements shall be required as specified below. l?lans for the .·construction of the required street improvements shall be designed by a California
Registered Engineer and approved by the City Engineer
prior to recordation of a Final Map. All street
construction shall be in conformance with these plans
and the City's adopted Road Improvement Standards.

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The developer shall furnish proof that any · Sewer and
Water Improvement Plans have been reviewed and approved by CVWD. The developer shall furnish proof that the
Fire Marshal has approved the Water Plans and Street
layout for the project.

A.) Public Streets
Via Josefina
i. Right-of-way along Via Josefina at a width of 30
feet from centerline shall be dedicated to the
City of Rancho Mirage. An additional 7 foot
easement for the required Section'. 30 Colored
Meandering Sidewalk shall be dediqated to the
City
ii. Curb and Gutter shall be· installed along the
project frontage with the curb face at 18 feet
from centerline. Asphalt paving shall b~ installed
along the pr_oject per City Standards.
iii . Plans for the required 6 foot wide colored
concrete meandering sidewalk per modified Standard
500 shall be submitted to the City Engineer, and
shall be shown on the landscape and plans and
shall be constructed along the frontage. A
sidewalk or alternative handicap accessible route
shall be constructed from the bikepath to the
project. Where the bikeway is located on private
property, a public access easement shall be
provided and re~orded subject to approval of the
City Engineer.
iv.
v.

The engineering design of the entry way shall be
subject to the approval of the Planning Manager
and City Engineer.

Until such time as an alternative public storm
drain system or street surface drainage system can
be completed, this project must accept the
responsibility for absorbing the water from the
100 year storm street drainage along the project
frontage and the tributary area upstream. A
drywall/catch basin or inlet to the storm drain
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vi.
system shall be added at the southerly end of the
Via Josefina frontage, sized to handle the worst
case stormwater runoff from the half street along
the frontage. Any flow volumes from tributary
areas beyond this "frontage share" can be allowed
to overflow the catchbaein.

Landscape and irrigation plans for all public
street parkways and median islands shal 1 conform
to City standards and be submitted for review and
approval by the City Engineer and Planning
Division. Boulders shall not exceed 1sn in height
within 3 feet of a public street curb. Canopy
trees shall be placed a minimum of 10 feet from
public street curb and a minimum of 3 from
sidewalks. Palm trees shall be placed a minimum
of 3 feet from public street curb with a minimum
trunk height of 10 feet. Right of way lines shall
be shown on the final landscape plan.

Via Florencia
vii. Ri"ght:.-of-way along Via Florencia at a width of 3 0 feet from centerline shall be dedicated to the
City of Rancho Mirage. An additional 7 foot
easement for the required Section 30 Colored
Meandering Sidewalk shall be dedicated to the
City.
viii.
ix.

Curb and Gutter shall be installed along the
project frontage . with the curb face at 18 feet
.from centerline. Asphalt paving shall be
installed along the project per City Standards.

Plans for the required 6 foot wide colored
concrete meandering sidewalk per modified Standard
500, shall be submitted to the City Engineer, and
shall be shown on the landscape and plans and
shall be constructed along the frontage . A
sidewalk or alternative handicap accessible route
shall be constructed from the bikepath to the
project. Where the bikeway is located on private
property, a public access easement shall be
provided and recorded subject to approval of the
City Engineer. Where both sides of the street are
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x.
.x:i.
within this development area, both sides shall be
developed with the 6' meandering colored concrete
sidewalk.

The engineering design of the entry way shall be
subject to the approval of the City Engineer.

Until such time as an alternative public storm
drain system or street surface drainage system can
be completed, this project must accept the
responsibility for absorbing the water from the
100 year storm street drainage along the project
frontage and the tributary area upstream.

Drywall/catch basins or inlets to the storm drain
system shall be added at the low points of the Via
Florencia frontage, sized to handle the worst case
stormwater runoff from the half street along the
frontage. Any flow volumes from tributary areas
beyond this "frontage share" can be allowed to
overflow the catchbasin.
xii. Landscape and irrigation plans for all public
street parkways and median islands shall conform
to City standards and be submitted for review and
approval by the City Engineer and Planning
Division. Boulders shall not exceed 15n in height
within 3 feet of · a public street curb. Canopy
trees shall be placed a minimum of 10 feet from
public street curb and a minimum of 3 from
sidewalks. Palm trees shall be placed a minimum
of 3 feet from public street curb with a minimum
trunk height of 10 feet. Right of way lines shall
be shown on the final landscape plan.

B.) Private Streets/Parking Lots
i. Private street and/or parking lot paving shall
consist of a minimum of 3" A.C. paving over 4" of
compacted Class II aggregate base material. On
private streets and parking lots, and as may be
required by a condition of approval, decorative
concrete or other surfacing materials shall be
reviewed by Public Works for conformance to Public
Works standards.

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ii.
iii.

On private streets and parking lots, non-standard
curb and gutter maybe acceptable if the City's
standard drainage criteria is satisfied, and the
specific non-standard curb and gutter is approved
by the Department of Public Works.

Private streets within the project shall be
constructed with a minimum travel way of 36 feet.

Private street paving shall consist of a minimum
of 3" A.C. paving over 4" of compacted Class II
aggregate base material.

DEDICATION OF PUBLIC UTILITY EASEMENTS

36. A ten (10) foot public utility easement adjacent to the curb and gutter and edge of pavement shall be provided
by the property owner or subdivider for all public and
private streets, and for public streets where the public right-of - way is less than the required 10 feet.

DEDICATION OF DRAINAGE EASEMENTS

37. All easements for drainage facilities necessary to
accommodate the final approved Grading and Drainage
Plan shall be offered for dedication to the
appropriate serving agency. Such of fer shall be
incorporated on the Final Map or as required by the
City Engineer.

SANITARY SEWER SYSTEM
3 8. A sanitary sewer system shall be required and shall be installed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of
Public Health, and/or the regional Water Quality Control Board. All necessary sewer easements shall be provided.

Prior to check, or other activities that require
activation of permit numbers, the required $34,109 Sewer Lift Station Reimbursement shall be paid.

PARK FEES

39. Applicant shall pay all applicable parkland fees for the acquisition and/or development of community parks and
recreational facilities in those amounts in effect at
the time the grading permit is issued.

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JUSTIFICATION OR INFORMATION CONTINUED:

Prior to Issuance of Grading Permits for any construction created pursuant to the approval of the Map, the following Conditions shall be satisfied:

LAQMP

40. The applicant shall prepare a Local Air Quality
Management Plan (LAQMP) pursuant to Ordinance N2 855,
Municipal Code Chapter 7. 01. Said LAQMP shall detail
the project's potential impacts upon the air quality of the area and any necessary mitigation measures, and
shall be submitted to the Public Works Department for
review and approval prior to the issuance of the Grading Permit. For ease of preparing a LAQMP, the applicant
may contact the Public Works Department regarding use of the LAQMP worksheet. Projects over 10 acres shall also
submit the 8. Sxll format Dust Control Plan Required by the South Coast Air Quality Management District for
review by the City. At the time of payment of the
permit fees the developer shall submit a "dust control
depositn of $2,000 per acre or alternative grading
security as approved by the City Engineer.

WQMP Condition
SWPPP

41. Per the criteria of the Whitewater River Region Storm Water Management Plan (SWMP), this project shall submit a Water Quality Management Plan (WQMP) for review prior to approval of the Final Development Permit and/or Final Subdivision Map. (See Appendix H of the SWMP for
details.) A Final WQMP shall be required prior to
permit issuance, with Recording of a Covenant, or other approved mechanism, establishing the WQMP as a Public
Record that shall apply upon occupancy, and continuing
forward, to all future operators/residents of the
project. Any approved design modifications that take
place during construction shall be documented and
incorporated into the Recorded WQMP Covenant prior to
occupancy.

42. Prior to issuance of Grading or Building Permits, the Property Owner shall submit the completed NOI form and
site plan with the appropriate fee, to the State Water
Quality Control Board for the General Construction
AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:

Activity Storm Water Permit. Proof of submittal shall
be given to the City Engineer .

BLOWSAND MITIGATION PLAN

43. Since this project is located in an area that is subject to occasional high winds and migrating sand, the
applicant shall be required to submit a blowsand
mitigation plan prepared by a licensed civil engineer to the City Engineer for plan check and approval. The
blowsand mitigation plan shall identify the specific
measures and describe the specific procedures that will be implemented to adequately mitigate blowsand impacts
on all of the project ' s on-site and off-site
improvements. All improvements for blowsand protection
shall be depicted on the project's grading and drainage plan. In addition all marketing materials and CC&R' s
shall identify that the project is located within a
blowsand area

MSHCP FEE

44. Prior to issuance of grading permits, the applicant shall pay to the City the required Multiple Species
Habitat Conservation Plan (MSHCP) Fee.

CONSTRUCTION IMPROVEMENT AGREEMENT

45. The construction of all required public and private improvements, including but not limited to landscaping, sewer, water, curb and gutters, paving, drainage
facilities, and other required improvements shall be
completed prior to occupancy of any structure and / or the subdivider shall enter into an agreement, acceptable to the City, ensuring the construction of such improvements within eighteen (18) months of City Council approval of the Final Map.

Prior to final acceptance of improvements by City Council and release of bonds the following conditions shall be satisfied:

WRITTEN VERIFICATION

46. Prior to release of bonds or financial guarantees, the applicant or his successor shall provide written
verification that the improvements have been installed
in accordance with the approved plans .

AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:

AS-BUILT PLANS

47. A complete set of "As-Built" Grading, Sewer, Water, Landscaping, Street, Storm Drain and all other required improvement plans shall be submitted by the engineer of record for review and approval.

Prior to issuance of Building Permits for any construction on the site, the following conditions shall be satisfied:

TUMF FEE

48. The applicant shall pay to the Building I Division the Transportation Uniform Mitigation Fee in effect at the
time the Building Permits are issued.

LICENSE TAX FOR NEW CONSTRUCTION
DIF
4 9. The applicant shall pay to the Building Division the License Tax for New Construction pursuant to Chapter

3.28 of the Municipal Code and Capital Facilities Needs Study to mitigate the impact of the development on said facilities.

50. The applicant shall pay the residential or commercial Development Impact Fees as a reasonable and proportional share of the cost of public. facilities and
infrastructure improvements that serve or will benefit
the project in accordance with Chapter 3.29 of the
Rancho Mirage Municipal Code.

PAD CERTIFICATION

51. Prior to release of Building Permits, a Pad
Certification submitted from a Licensed Land Surveyor or Civil Engineer, attesting to the elevation matching the rough grade pad elevation shall be submitted to validate the rough grading completion.

COMPACTION REPORT

52. Prior to
for the
submitted
buildable
relative
the release of Building Permits, the Lot (s)
building(s) shall have a compaction report
from a Geotechnical Engineer attesting to the
pad being compacted at least 90% of maximum
density. If any over-excavation, or slopes
AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:
steeper than 2: 1, are needed for the building pad, a
Geotechnical Engineer shall submit a document attesting to the acceptability of this non-standard earthwork in
accordance with the recommendations of the preliminary
soil rep(_?rt.

Prior to occupancy of any unit 1n an approved Development Plan, the following Conditions shall be sat1siied:

UNDERGROUND UTILITIES REQUIRED

53. All existing or proposed Imperial Irrigation District, General Telephone, CATV, or other overhead service
facilities, shall be installed underground in accordance with the provisions of Section 12.16 of the Rancho
Mirage Municipal Code. · The undergrounding installation of all existing or proposed overhead distribution
utility lines shall be completed and/or appropriate
guarantee arrangements shall be entered into for any
structure constructed pursuant to this approval as
required by the City Engineer. Such guarantee
arrangement shall be approved by the City administrative staff and the City Attorney and shall include the
posting of improvement security adequate to secure the
periphery of the subject property; and as identified
above and as required in Section 12 .16 of the Rancho
Mirage Municipal Code.

IMPRC'JEMENTS COMPLETED PRIOR TO OCCUPANCY

54. Prior to occupancy, the construction of all required public improvements, including but not limit~d to sewer, water, curb and gutters, paving to join, storm water
drainage facilities, and oth~r required utility
improvements shall be completed.

CVWD LETTER
IV.

55. Prior to occupancy, if applicable, a letter from
Coachella Valley Water District shall be submitted
stating that all the district fees have been paid and
all requirements have been met for development.

CITY ATTORNEY - PRIOR TO CITY COUNCIL APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITI9NS SHALL BE SATISFIED:

AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:

56. The applicant shall submit documents for recordation which clearly prohibit installation of improvements in
the common area by individual homeowners or documents
which allow and govern installation of such improvements within the identified common area~. The documents shall be subject to approval of the City Engineer, Community
Development Director and City Attorney.

57. The subdivider shall submit to the City a Declaration of Covenants, Conditions and Restrictions (CC&Rs) which
shall demonstrate, t~ the satisfaction of the City
Attorney that the entire project will be developed and
maintained in accordance with the intent and purpose of the approval. The approved documents shall be recorded
concurrently.

58. The CC&Rs shall be submitted to the City for review and shall contain provisions for a Homeowners' Association, with the unqualified right to assess owners of
individual units for reasonable maintenance costs to

59. 60.
common areas and improvements. The Homeowners' ,
Association shall have the right to lien units of the
owners who default in the payment of any assessment so
provided. Any deed of trust recorded prior to said ·
CC&Rs shall be subordinated to the CC&Rs. Any lien
imposed shall not be superior to any lien for property
taxes or government. assessments. The CC&Rs will be
clearly marked to identify those sections addressing the Conditions of Approval.

The project CC&Rs shall incorporate a provision
requi~ing each individual residence be constructed in a manner to provide for two covered parking spaces within an enclosed garage.

Permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any
claim, action, or proceeding against the City or its
agents, officers, or employees to attack, set aside,
void or annul this permit approval. The City shall
notify the permittee of any claim, action or proceeding and the City shall cooperate in the defense. If the
City fails to notify the permittee of any claim, action or proceeding, the permittee shall not thereafter be
AGENDA ITEM#
5-97
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JUSTIFICATION OR INFORMATION CONTINUED:
v.
responsible to defend, indemnify, or hold harmless the
City.

61. The permittee shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the
real party in interest in an action, the City may, at
its sole discretion, participate in the defense of the
action, but such participation shall not relieve the
permittee of any obligation under this Condition.

62. The CC&Rs shall contain a provision
satisfaction of the City Attorney, the
law enforcement agencies to enforce
restriction on the private streets.
insuring to the
ability of public
the "No Parkingu

63. A landscape and maintenance covenant approved as to form by the City Attorney shall be prepared and recorded in
the Office of the Riverside County Recorder to assure
continued maintenance of on-site and off-site required
landscaping and integrated architectural features by the property owners or other liable entity.

CONTRACT SPECIALIST - Prior to issuance of Building Permits the fallowing Condition shall be satisfied:

MAINTENANCE OBLIGATIONS

64. The current and future property owner(s) shall be
responsible for maintaining in compliance with all City standards for the same, the on-site and off - site
landscaping and integrated architectural features
required by this entitlement. Landscape maintenance
shall consist of regular watering mowing, pruning,
fertilizing, clearing of debris and weeds, and the
removal and replacement of irrigation systems, in
compliance with all relevant and applicable provisions
of the Rancho Mirage Municipal Code. Integrated
archi t.ectural features must be kept in a manner which maintains the desirability of the immediate area and
neighboring areas and respects the harmonious
relationship with existing and adjoining developments.

Due regard for preservation of each feature and its
intended irrigation with surrounding landscaping,
AGENOA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:
buildings, structures, screening and signs is required.

All features must be maintain~d · in a manner commonly
accepted by professionals who are experts in the care
and preservation of each particular type of feature. A
covenant to assure continued maintenance of on-site and off-site required landscaping and integrated
architectural features by the current and future
prop~rty owriers or other liable entity, consistent with the terms and provisions of this condition of approval, shall be prepared in a format approved by the City
Attorney and recorded in the Office of the Riverside
County Recorder against all parcels created with this
subdivision and any subsequent amendments th~reto.
. I
a. The applicant shall enter into an agreement with the Versailles HOA regarding common wall maintenance, and
said agreement shall be included in the project's
Conditions, Covenants and Restrictions (CC&Rs).

VI. FIRE MARSHAL PRIOR TO ISSUANCE OF FINAL MAP OR FINAL

DEVELOPMENT PLAN WHICHEVER OCCURS FIRST THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:

65. The following fire protection measures shall be provided in accordance with City municipal Code. 'NFPA, UFC and
UBC or any recognized Fire Protection Standards.

Conditions are subject to change with adoption of new
codes, ordinances, laws, or when building permits are
~ not obtained wlthin twelve months. For questions
regarding the following fire protection conditions, call the Fire Marshal's office at 760/346 - 1870. ! ·

66. 67 .

I
The fire department requires the following fire
protection measures be provided in accordance with the
City of Rancho Mirage Municipal Code, 2002 NFPA
standards, 2001 California Building and Fire Codes and
or any other nationally recognized Fire Protection
Standards. The Fire Department shall set the minimum
fire , flow for the remodel or construction of all
buildings per California Fire Code article 87 and
Appendix III A.

The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure from a
permanently installed Fire Hydrant before any
AGENDA ITEM#
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DATE December 4, 2014· Page 41 of 43
JUSTIFICATION OR INfORMATION CONTINUED:
combustible material is placed on the job site.

68. The applicant shall provide proof the existing water system is capable of providing the minimum necessary gpm flow for 1500 gpm for single family dwellings prior to
any project approvals.

69. The applicant shall provide the required fire flow from a permanent wet Barrel Super Hydrant with 1-4" and 2-2 ½ "discharge outlets located not less than , 25' and nor
more than 200' from any portion of a iingle family
dwelling measured along a vehicular travel iway prior to any building permit approvals. I

70. The applicant shall submit water plans tol be reviewed and approved by the Fire Marshal and include
verification that the water system is ' capable of
providing the required fire flow.

71. The ' applicant shall install an all weather fire dept. accessible roadway extending to any poition of a
building where as a 150' hose lay can be utilized for
the inaccessible building perimeter. Construction type
of the same shall be approved by the Fire Marshal and be rated for 80,000 lbs. Turf Block will not be accepted.

Fire lane access roadway minimum width is 20'and height clearance is 13' 6". Public roadway minimum unobstructed width is 36' with parking on both sides. A Fire
Apparatus Turn around sha.11 be provided for dead end
streets in excess of 150' in length with approved -cul- de-sac or hammer head dimensions. 1

72. Knox access devices shall be provided as foilows:
73 .

74. i. A Knox Key Switch for every moto pized gated
entrance. 1
ii. A Knox Padlock for every rnanu~l gated eritranc_e.

Minimum gate width shall be 16' and minimum apparatus
height clearance shall be 13' 6" for gated entrances.

Conditions are subject to change with adoption of new
codes, ordinances, laws or when building permits are not obtained within twelve months .

Additional conditions will be addressed at formal review of the building construction plans. These conditions
AGENDA ITEM#
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DATE December 4, 2014 Page 42 of 43
JUSTIFICATION OR INFORMATION CONTINUED:
can only respond to the preliminary plans reviewed.

VI. MISCELLANEOUS - PRIOR TO ISSUANCE OF FINAL MAP OR FINAL

DEVELOPMENT PLAN WHICHEVER OCCURS FIRST THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:

Mitigation IV (a) 3.

This mitigation measure may be modified if a letter is
received from the biologist who conducted the Biological Assessment which either alleviates said mitigation measure or offers an alternative method of mitigation.

FINDINGS

1. The proposed map is consistent with the City's General Plan as specified in Section 65451 of the California
Governm_ent Subdivision Map_ Act.

2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and Zoning
Ordinance.

3. 4.

5. 6.

7. The . site · is physically suitable for the type of
development.

The site is physically suitable for the proposed density of development, as conditioned.

The design of the subdivision is not likely to cause
I
substantial environmental damage or substa,ntially and
avoidably injure fish or wildlife or their habitat.
. I
The design of the subdivision is not likely to cause
public health problems. I
The design of the subdivision will not ~dnflict with
. 1
easements, acquired by the public at large, for access
I
thr:ough or use of; property within the proposed
subdivision . In this connection, the City :council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Finding shall apply only to
easements of record or to easements. established by
judgment of a court of competent jurisdiction and no
AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:
authority is hereby granted
determine that the public
easements for access through
the proposed subdivision.
to the City Council to
at 1a·rge has acquired
or use of property within

8. The incremental impacts of the project on service system capacities are mitigated by the dedications and public
improvements required within the Conditions of Approval requiring all necessary dedications and public
improvements to be in accordance with the City's adopted General Plan.
1 9. The City finds that development is not a maiter of right and that reasonable contributions to the aesthetic I.
quality of the City are reasonable exactions that
contribute to the general public good. In addition,
contributions to median islands, traffic signals and
other public improvements protect the general heal th,
safety and aesthetic values of the City. As a result,
ihis project wou l d not be approved but for the
conditions and exactions imposed to further these
legitimate public concerns.

10. Adequate water flows does not currently exi~t. The ~ap may not be recorded until CVWD confirms adequate
infrastructure is in place and operational to service
the subject site.

Attachments:

1. Section 30 Master Circulation Plan - Existing

2. section 30 Master Circulation Plan - Proposed

3. Mitigation Monitoring Program

4. Aerial photograph

5. 11" X 17" Site Plan
AGENDA ITEM#
5-102
Table
4-1
Mitigation
Monitoring
Program
Impact Number I (a)
1 ID
(a)
1 Impact Aesthetics, maintenance Air
Quality
Responsible Party_ Developer Developer
TIM
36620
/
EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
Impact
After
I Approval
by:

The
6 foot
wide
multi-purpose
trail
located
within
the
19 foot
wide
parkway
shall
ha
ve a
medium
broom
finish
4"
thick
P.C.C
(Poured
in
Place
Concrete)
.

The
color
shall
be
Davis
Co.
"Yosemite
Brown"
or
appro
ved
equal.

The
multi-purpose
trail
shall
be
installed
on
the
east
side
of
Via
Josefina,
the
north
and
south
sides
of
Via
Florencia
and
the west
side
of
Via
Florencia
where
it
turns
north.

Mitigation Less
than
significant
A
plan
to
control
fugitive
dust
through
I Less
than
implementation
of
reasonably
available
dust
significant
control
measures
shall
be
prepared
and
submitted
to
the
City
of Rancho
Mirage
for
approval
prior
to
the
issuance
of
any
grading
permits
assoc
iated
with
the
project.

The
plan
shall
spec
ify
the
fugitive
dust
control
measures
to
be
employed.

The
project
proponent
shall
comply
with
all
applicable
SCAQMD
Rules
and
Regulations
including
but
no
t limited
to
the
following:
a.

Rules
403
and
403.1
(Fugitive
Dust)
specifies
control
measures
for
use
in
developing
site
specific
fugitive
dust
contro
l
plans
to
minimize
blowing
dust
from
construction
sites
and
insure
the
clean
ur
of
Page
71 LJ
City
Pu
blic
W
orks
Department D
eity
Pu
bli
c W
orks
Dep
artment
□
AQMD
5-103
Impact Number Ill
(a)
2 DI
(a)
3 Impact Air
Quality
Air
Quality
Responsible Party Developer Developer
TIM
36620
/
EA
130006
/ SPA
13001
May
6, 2014
Mitigation
Measure
construction
related
dirt
on
approach
routes
to
the
site
including:
watering
measures,
chemical
stabilizers,
wind
fencing,
covering
haul
vehicles,
bed
liners
in
haul
vehicles
,
wheel
washers
and
high
wind
measures;
b.

Rule
1113
(Architectural
Coatings)
restricts
the
voe
(Volatile
Organic
Compound)
content
of
any
architectural
coating
materials
used
on-site
to
a maximum
of

2.08 pounds
of
voe
_2er
gallon.

Earth
-moving
act1v1t1es
shall
be
suspended
during
first
and
second
stage
ozone
episodes
or
when
winds
exceed
25 MPH
per
the
Coachella
Valley
PMlO
State
Implementation
Plan
and
SCAQMD
Rule
403.1. The
following
watering
techniques
shall
be
employed
to
partially
mitigate
the
impact
of
construction-generated
dust
particulates:
a.

Pre-grading
site
watering
(irrigation
system
for
minimum
of
72 hours);
b.

Site
watering
7 days
a
week
(irrigation
system,
minimum
of
4 times
per
24 hours,
or
by
water
trucks,
minimum
4 times
per
24 hours
, at
1 truck/8
acres);
Page
72 Impact
After
I Approval
by:

Miti~ation
De
ity
Publi
c Works
D
epartmen
t
□
AQMD
lJ
city
Public
Works
De
partment
□
AQ
MD
5-104
Impact Number
Impact
Responsible Party
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
c.

Perimeter
sprinkler
system
(all
sides
continuous
night
watering
when
windy
);
d.

Portions
of
the
project
site
that
are
undergoing
earth
moving
operations
shall
be
watered
such that
a crust
will
be
formed
on
the
ground
surface
and
then
watered
again
at
the
end
of
the
day,
as
part
of
the
constructions
specifications.

Control
methods
are
provided
in
detail
in
the
Dust
Control
Plan
Review
Guidance
for
Local
Government"
from
the
South
Coast
Air
Quality
Management
District,
available
from
the
City
of
Rancho
Mirage
or
the
S.C.A.Q.M.D.;
e.

Any
construction
access
roads
should
be
paved
as
soon
as
possible
and
cleaned
after
each
work
day
.

The
maximum
vehicle
speed
limit
on
unpaved
road
surfaces
should
be
15 mph;
f.

All
trucks
should
maintain
at
least
two
feet
of
free
board
;
g.

Trucks
hauling
dirt,
sand,
soil
or
other
loose
dirt
material
off-site
should
be
covered
and
washed
off
before
leaving
the
site;
h.

Adjacent
streets
should
be
swept
if
Page
73 Impact
After
I Approval
by:

Mitigation
5-105
Impact Number ill
(c)
1 Impact Air
Quality
Responsible Pady Developer
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
silt
is
carried
over
to
adjacent
public
thoroughfares;

1. As
part
of
the
construction
specifications,
any
vegetative
ground
cover
to
be
utilized
on
-site
shall
be
planted
as
soon
as
possible
to
reduce
the
disturbed
area
subject
to
wind
erosion.

Irrigation
systems
needed
to
water
these
plants
shall
be
installed
as
soon
as
possible
to
maintain
the
ground
cover
and
minimize
wind
erosion
of
the
soil;
j.

Construction
operations
affecting
off­
site
roadways
shall
be
scheduled
for
off-peak
traffic
hours
and
shall
minimize
obstruction
of
through­
traffic
lanes
.

Prior
to
the
issuance
of
grading
permits,
the
property
owner/developer
shall
include
a
note
on
all
grading
plans
which
requires
the
construction
contractor
to
implement
the
following
measures
during
grading.

These
measures
shall
be
discussed
at
the
pregrade
conference.
a.

Use
low
ermss1on
mobile
construction
equipment.
b.

Maintain
construction
equipment
engines
by
keeping
them
tuned.

Page
74 Impact
After
j Approval
by:

Mitigation
LJCity
Public
Works
Department
5-106
Impact
Number
N (a) 1
Mitigation
IV (a) 2
Impact
Biological
Biological
Responsible
Party
Developer
Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure
c. Use low sulfur fuel for stationary
construction equipment.
d. Utilize existing power sources (i.e.,
power poles) when feasible.
e. Configure construction parking to
minimize traffic interference.
f. Minimize obstruction of through ­
traffic lanes. When feasible,
construction should be planned so
that lane closures on existing streets
are kept to a minimum.
g. Schedule construction operations
affecting traffic for off-peak hours .
h. Develop a traffic plan to minimize
traffic flow interference from
construction activities (the plan may
include advance public notice of
routing, use of public transportation
and satellite parking areas with a
shuttle service}.

Mitigation for impacts to these species is
accomplished through the payment of a fee to
the City of Rancho Mirage. Fees vary
depending upon the use to which the land is
put, acreage and density. Contact the
Coachella Valley Association of
Governments to determine current fees.

A preconstruction survey should take place at
least 30 days prior to project grading to

Impact After j Approval by:

Mitigation
□ City Building and
Safety Departmen t
0 City Public Works
5-107
Impact
Number
Mitigation
N (a) 3
Mitigation
N(a)4
Mitigation
N (a) 5
Impact
Biological
Biological
Biological
Responsible
Party
Developer
Developer
Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
I Mitigation Measure
determine the location of active burrows on
and within 550 yards of an approved project
site. If no active burrows are found in the
survey area grading may commence
providing a biological monitor is onsite.

A biological monitor, with the authority to
halt cir redirect grading, should be present
whenever grading or construction vehicles
are present and operating on an approved
project site. The function of the monitor is to
protect burrowing owls that arrive on or near
the project site after the clearance survey and
durin_g the construction p~riod.

The breeding season of the western
burrowing owl is from February 1 through
August 31 of each year. No construction
disturbances of any kind should occur within
500 meters (550 yards) ~fan active burrow
during this time period. Thus, on a project
site, grading should take place from
September 1 through January 30 of each year
to avoid restriction or cancellation of grading
because of the presence of burrowing owls
during the breeding_ season.

Resident owls present on or near the project
site outside the breeding season can, in some
instances, be relocated to other sites by a
permitted biologist under the authorization of
the California DeJ)_artment of Fish &

Impact After I Approval by:

Mitigation
Department
D City Public Works
Deparnnent
□ City Public Works
Department
0 Development
Servjces Director
□ California
Depa.,unent of Fish &
Game
□ U.S.foh&
5-108
Impact Impact Responsible
Number Party
Mitigation Biological Developer
IV (a) 6
Mitigation Cultural Developer
V (b) 1
Mitigation Geology Developer
VI (a) I
Mitigation Hydrology and Developer
IX (b) I Water Quality
Mitigation Public Services Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure Impact After Approval by:

Miti~ation
Wildlife. Wildlife Service
Breeding surveys should be conducted 30 0 Developme,,t
days prior to any construction activities that Services Director are planned between February 15 and June □ Cali fornia
Department of Fish &

15. If a nest is found, a buffer should be Game
established in which construction activities □ U.S.Fish& are prohibited unW all young have fledged. Wildlife Service The width of the buffer should be determined
by a qualified biologist.

Upon the uncovering or other discovery of □ City Planning artifacts or cultural resources during Department
construction activities associated with the
project's development, all construction on
the site shall be halted, and a qualified
archaeologist shall be called to the site to
identify the resource and recommend
mitigation in the event of the resource's
cultural significance.

During site grading and construction work, lJuty Public Works the recommendations noted m the Department
Geotechnical Investigation Report by
Sladden Engineering shall be complied with.

The elements and actions described in the LJ Coachella Valley Water Management Plan shall be Water District
incorporated into the design of this
development to reduce its negative impact on
the Coachella Valley groundwater basin.

Participation lll Community Facilities Deity Public Works

5-109
Impact
Number
XIV (a) 1
Mitigation
XIV (a) 2
Mitigation
XIV (a) 3
Mitigation
XVII (d) 1
Impact
Public Services
Responsible
Party
Developer
Public Services I Developer
Utilities
Service
Systems
and I Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure
Districts to mitigate the impact on police and
fire protection resources.

No City permits shall be issued for
improvements upon said property (grading,
etc.) until the Coachella Valley Water
District (CVWD) completes the Mission
Hills Pressure Zone Improvement Project
which includes a new reservoir and trunk line
to serve the zone (with a current anticipated
completion date of December 2015) and said
project becomes operational. Alternatively,
CVWD may submit a "will-serve" letter to
the City dictating the terms and conditions
associated with the provision of water service
prior to issuance of City J_)_ermits.

A covenant shall be recorded on the property
to the satisfaction of the City Attorney
requiring CVWD to complete the Mission
Hills Pressure Zone Improvement Project or
alternatively a "will-serve letter to the City
from CV\VD dictating the terms and
conditions prior to issuance of City permits.

No City permits shall be issued for
improvements upon said property (grading,
etc.) until the Coachella Valley Water
District (CVWD) completes the Mission
Hills Pressure Zone Improvement Project
which includes a new reservoir and trunk line

Impact After ., Approval by:

Mitigation
Depa:ronent
Deity Public Works
Department
D Coachella Valley
Water Disnict
D City Attorney
o· Coachella Valley
Water Disnict
Dory Public Works
Departmenc
5-110
Impact
Impact
Responsible
Number
Party
Mitigation
Utilities
and
Deve
loper
XVIl(d)
2 Service Systems
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
Impact
After
Approval
by:

Mitigation
to
serve
the
zone
(with
a
current
anticipated
completion
date
of
December
2015
) and
said
project
becomes
operational
.

Alternatively,
CVWD
may
submit
a
"will
-serve"
letter
to
the
City
dictating
the
terms
and
conditions
associated
with
the
provision
of
water
service
prior
to
issuance
of
City
permits
A
covenant
shall
be
recorded
on
the
property
D
City
Atto
rn
ey
to
the
satisfaction
of
the
City
Attorney
requiring
CVWD
to
complete
the
Mission
Hills
Pressure
Zone
Improvement
Project
or
alternatively
a
"will
-serve
letter
to
the
City
from
CVWD
dictating
the
terms
and
conditions
prior
to
issuance
of
City
permits.

Page
79 5-111
"EXHIBIT C"
AERIAL

STREET IMPROVEMENTS

AND UNDERGROUNDING
[SEE ATTACHED ]
5-112

RECORDING REQUESTED
BY:

City of Rancho Mirage
WHEN RECORDED MAIL TO:

City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92770
Attention: City Clerk
APNs: 685-110-004; 685-110-005;
685-110-006; 685-110-007
ATTACHMENT 8

RECORDING FEES EXEMPT PURSUANT
TO GOVERNMENT CODE SECTION 27383
(Space Above for Recorder's Use Only)

SECOND AMENDMENT TO

STATUTORY DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF RANCHO MIRAGE
AND
PALO VERDE 37, LLC
5-113

SECOND AMENDMENT TO STATUTORY DEVELOPMENT AGREEMENT
This Second Amendment to Statutory Development Agreement between the City of Rancho Mirage and Palo Verde 37, LLC ("Second Amendment") is made and entered into effective as of February 14, 2022, by and between the City of Rancho Mirage, a municipal corporation located in the County of Riverside, State of California ("City"), and Palo Verde 37, LLC, a California limited liability company ("Developer"), pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17.56, "Development Agreements," of the Rancho Mirage Municipal Code.

RECITALS
WHEREAS, on May 21, 2020, the City Council approved the terms of the Statutory Development Agreement by and between the City of Rancho Mirage and RM 38 JV, LLC, predecessor in interest to Developer (the "Statutory Development Agreement"), incorporated herein by this reference, which was recorded in the Official Records of Riverside County on September 2, 2020, as Instrument No. 2020-0411480; and
WHEREAS, on April 3, 2021 the City Council and RM 38 JV, LLC entered into the "First Amendment To Statutory Development Agreement", which was recorded in the Official Records of Riverside County on September 7, 2021, as Instrument No. 2021-0533101. The Statutory Development Agreement , as amended by the First Amendment To Statutory Development Agreement, shall be referred to herein as the " Development Agreement". All initially capitalized terms used but not otherwise defined in this Second Amendment shall have the same meaning set forth in the Development Agreement; and
WHEREAS, the Statutory Development Agreement authorized RM 38 JV, LLC, to assign its rights and obligations under the agreement to any third-party purchaser(s) of the Property.

Subsequent to entering into the First Amendment to Statutory Development Agreement , Palo Verde 37, LLC, purchased the Property, and RM 38 JV, LLC assigned all of its rights and obligations under the Development Agreement to Palo Verde 37, LLC, and Palo Verde 37, LLC, thereby assumed such obligations; and
WHEREAS, following the City's approval of the Development Agreement , Developer has continued to market the Subject Property to homebuilders , and Developer is currently in negotiations with one or more homebuilders who desire to acquire and develop the subject property in accordance with the terms and conditions of the Development Agreement; and WHEREAS, to facilitate the sale of the subject property to a homebuilder to complete development of the Subject Property in accordance with the terms and conditions of the Development Agreement , the parties now desire to enter into this Second Amendment , on the terms set forth below, to extend Tentative Tract Map 36620 one (1) year from the effective date of the ordinance adopting this Second Amendment.
-1-
5-114
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby amend the Development Agreement, as follows:

Section 1. Incorporation of Recitals.

The foregoing Recitals are true and correct and are incorporated into this Second Amendment by this reference as though fully set forth herein.

Section 2. Section 6 - Purpose
Section 6 of the Development Agreement shall be replaced in its entirety to state as follows:

The purpose of this Agreement is to extend the term of Tentative Tract Map No. 36620 to a date that is one ( 1) year from the date the adopting ordinance for the Second Amendment takes effect (the date the enacting ordinance becomes effective is herein referred to as the " Second Amendment Ordinance Effective Date"), in accordance with Government Code Section 66452.6(a)(l ).

Section 3. Section 12 - Extension of Tentative Map
Section 12 of the Statutory Development Agreement shall be replaced in its entirety to state as follows:

City agrees to extend the term of the Tentative Map to a date that is one (1) year from the effective date of the ordinance enacting this Second Amendment, in accordance with Government Code Section 66452.6(a)(l).

Section 4. Effective Date.

This Second Amendment shall be effective as of February 14, 2022; provided, however, that if a Citywide referendum election is called and the enacting ordinance enabling this Second Amendment is repealed, this Second Amendment shall be null and void as of the date of the final declaration by City Council of the repeal of the enacting ordinance.

Section 5. Approval and Ratification of Development Agreement Without limiting the generality of Section 36 of the Statutory Development Agreement, upon the effectiveness of this Second Amendment, (1) "Developer", as referred to in the Development Agreement, as amended by this Second Amendment, shall mean Palo Verde 37, LLC; (2) Developer hereby expressly approves and ratifies the Development Agreement; (3) assumes all obligations of Developer therein, as amended by this Second Amendment; (4) expressly acknowledges and declares any and all representations and warranties of "Developer" set forth in the Development Agreement are hereby made by Developer; and (5) agrees to be bound by all such terms, conditions, covenants, and obligations therein, as amended by this Second Amendment.
-2-
5-115
Section 6. Miscellaneous
The Development Agreement shall remain in full force and effect in accordance with its terms and provisions except as amended by this Second Amendment. The parties hereby confirm and ratify each of the provisions of the Development Agreement, as amended herein. This Second Amendment shall be binding on the parties hereto and their respective successors and assigns.

This Second Amendment may be executed in one or more counterparts, and all counterparts shall be valid and binding on the party executing them and all counterparts shall together constitute one and the same document for all purposes.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
-3-
5-116
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of ---------

CITY OF RANCHO MIRAGE
APPROVED:

By: _________ _
Charlie Townsend, Mayor
ATTEST:

By: _ _______ _ _
Kristie Ramos, City Clerk
*Signatures must be notarized.

APPROVED AS TO FORM :

By: __________ _
Steven B. Quintanilla, City Attorney

DEVELOPER
APPROVED:

Palo Verde 37, LLC
*By: - -----------
Name/Title
*By: _________ __ _
Name/Title
APPROVED AS TO FORM:

By: _______ _
Legal Counsel
-4-
5-117
ATTACHMENT 9

ORDINANCE NUMBER ----

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

RANCHO MIRAGE, CALIFORNIA, APPROVING THE SECOND

AMENDMENT TO STATUTORY DEVELOPMENT AGREEMENT

BY AND BETWEEN THE CITY OF RANCHO MIRAGE AND PALO
VERDE 37, LLC
WHEREAS, the City of Rancho Mirage is a charter city and recognized as a political subdivision of the State of California for certain purposes; and WHEREAS, on May 21, 2020, the City Council approved the terms of the Statutory Development Agreement by and between the City of Rancho Mirage and RM 38 JV, LLC, predecessor in interest to Developer (the "Statutory Development Agreement"), incorporated herein by this reference, which was recorded in the Official Records of Riverside County on September 2, 2020, as Instrument No. 2020-0411480; and
WHEREAS, on April 3, 2021, the City Council and RM 38 JV, LLC entered into the "First Amendment To Statutory Development Agreement", which was recorded in the Official Records of Riverside County on September 7, 2021, as Instrument No. 2021-0533101. The Statutory Development Agreement, as amended by the First Amendment To Statutory Development Agreement, shall be referred to herein as the "Development Agreement"; and
WHEREAS, the Development Agreement authorized RM 38 JV, LLC, to assign its rights and obligations under the agreement to any third-party purchaser(s) of the property. Subsequent to entering into the First Amendment to Statutory Development Agreement, Palo Verde 37, LLC (the "Developer''), purchased the subject property, and RM 38 JV, LLC, assigned all of its rights and obligations under the Development Agreement to Palo Verde 37, LLC, and Palo Verde 37, LLC, thereby assumed such obligations; and
WHEREAS, following the City's approval of the Development Agreement, Developer has continued to market the subject property to homebuilders, and Developer is currently in negotiations with one or more homebuilders who desire to acquire and develop the subject property in accordance with the terms and conditions of the Development Agreement; and
WHEREAS, to facilitate the sale of the subject property to a homebuilder to complete development of the subject property in accordance with the terms and conditions of the Development Agreement, the parties now desire to enter into a Second Amendment to extend Tentative Tract Map 36620 one (1) year from the effective date of the ordinance adopting this Second Amendment; and 1 5-118
WHEREAS , pursuant to Government Code 66452.6(a)(1 }, a tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement; and
WHEREAS, on December 4, 2014, the City Council acting on behalf of the "Lead Agency," under the California Environmental Quality Act(" CEQA") and the CEQA Guidelines, approved Resolution No. 2014- 56, adopting a mitigated negative declaration (the "MND"}, and a mitigation monitoring and reporting program ("MMRP") for the project, including adoption of the Statutory Development Agreement (Environmental Assessment Case No. EA 130006), based upon its determination that mitigation measures imposed on the project would avoid or mitigate impacts to a point where clearly no significant impacts on the environment would occur; and
WHEREAS, on December 5, 2014, a Notice of Determination ("NOD") regarding the City's adoption of the MND was filed with the Office of the County Clerk of the County of Riverside and posted for at least 30 days in the Office of the County Clerk; and
WHEREAS, since the project did not require any discretionary approvals from any state agency, the NOD was not filed with the State's Office of Planning and Research; and
WHEREAS, no complaints, lawsuits, claims or petitions were filed against the City within the requisite 30-day period to commence a CEQA legal challenge, or anytime thereafter, challenging the City Council's adoption of the MND and approval of the associated Subdivision Tentative Map; and
WHEREAS, pursuant to Section 17.56.010 of the Rancho Mirage Municipal Code, the purpose of this Development Agreement, as amended, is to provide assurances to the Developer that the approved proposed project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the proposed project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval in exchange for assurances that the City will receive certain benefits the City cannot otherwise unilaterally impose as conditions of approval of the proposed project outside the context of the negotiated Development Agreement; and necessary public infrastructure at no cost to the taxpayers and the Developer will receive assurances that it may proceed with developing the project subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval of the Agreement, with very limited exceptions; and 2 5-119
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code ("Development Agreement Statute") which authorizes cities to enter into real property development agreements with any person(s) or entity(ies) having· a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, this Second Amendment to Statutory Development Agreement will eliminate uncertainty in planning for and secure orderly development of the project site and proposed project, assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within the City at the least economic cost to its citizens; and WHEREAS, based on the foregoing recitals, the City has determined that this Second Amendment to Statutory Development Agreement is appropriate under the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code; and
WHEREAS, this Development Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
WHEREAS, Chapter 17.56 of the City's Municipal Code provides that the City Council must approve a Development Agreement by ordinance; and WHEREAS, on ____ , the City of Rancho Mirage Planning
Commission ("Planning Commission") conducted a properly noticed public hearing to consider the subject Second Amendment to Statutory Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the Planning Commission; and
WHEREAS, on ____ , subsequent to receipt of the written recommendation of the Planning Commission, the City Council conducted a properly noticed public hearing to consider the subject Second Amendment to Statutory Development Agreement, at which testimony and evidence, both written and oral, were presented to and considered by the City Council.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
3 5-120
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT

AMENDMENT
That the City Council hereby approves the Second Amendment to Statutory Development Agreement by and between the City of Rancho Mirage and Palo Verde 37, LLC, a copy of which is attached hereto and incorporated herein by this reference as Exhibit "A," subject to the terms and conditions stated therein.

SECTION 3. CEQA COMPLIANCE.

That on or about December 4, 2014, the City Council acting on behalf of the "Lead Agency," under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, approved Resolution No. 2014-56, adopting a mitigated negative declaration (the "MND"}, and a mitigation monitoring and reporting program ("MMRP") for the project (Environmental Assessment Case No.

EA 130006), based upon its determination that mitigation measures imposed on the project would avoid or mitigate impacts to a point where clearly no significant impacts on the environment would occur. On or about December 5, 2014, a Notice of Determination ("NOD") regarding the City's adoption of the MND was filed with the Office of the County Clerk of the County of Riverside and posted for at least 30 days in the Office of the County Clerk. In accordance with CEQA and CEQA Guidelines 15164, on or about June 4, 2020, on the basis of substantial evidence in light of the whole record, an Addendum was prepared for the project, which included without limitation the Development Agreement and the Tentative Map extension because there were no substantial changes proposed which required major revisions of the MND.

City staff has evaluated the proposed Second Amendment to Statutory Development Agreement and based on the fact the second amendment simply extends the life of the tentative map and proposes no other significant changes to the project, determined that the project does not propose: substantial changes in the project requiring major revisions of the previous negative declaration due to involvement of new significant environmental effects or substantial increase in severity of previously identified significant effect; substantial changes with respect to circumstances under which the project is undertaken which requires important revisions in previous negative declaration due to involvement of new significant effects not considered in the previous negative declaration; nor new information ("New Information") of substantial importance which was not known and could not have been known with exercise of reasonable diligence at the time the previous negative declaration was adopted, which shows: that the project will have one or more significant effects not discussed in previous negative declaration; significant effects previously examined will be substantially more severe than shown in previous environmental review, mitigation measures or alternatives previously 4 5-121
found to not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but project proponents decline to adopt mitigation measure or alternative; nor mitigation measures or alternatives which are considerably different from those analyzed in the previous environmental review would substantially reduce one or more significant effects on the environment, but the project proponent decline to adopt the mitigation measure or alternative. Accordingly, the project does not create significant changes to the environment that were not analyzed under the MND and Addendum and no New Information is known to City. Therefore, under Section 15162 of CEQA implementing regulations (the "CEQA Guidelines"), no subsequent or supplemental environmental review is required for the proposed Second Amendment to Statutory Development Agreement. Therefore, no further documentation is needed.

Section 4. GOVERNMENT CODE SECTION 65867.S{b)
That the City Council finds that the provisions of the Second Amendment to Statutory Development Agreement are consistent with the City's General Plan and the Section 30 Master Circulation Plan.

SECTION 5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section 1.04.010 of the Municipal Code and finds that the City Council has the authority to adopt this Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent with the general power and purposes of the City as set forth in Section 1.04.031 of the Municipal Code.

SECTION 6. SEVERABILITY
That the City Council declares that, should any provIsIon, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 7. EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 8. EFFECTIVE DATE OF AMENDED AND RESTATED

DEVELOPMENT AGREEMENT
5 5-122
That in accordance with Section 17.56.050 of the City's Municipal Code, the Second Amendment to Statutory Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 9. RECORDATION OF DEVELOPMENTAGREEMENT
That in accordance with Section 17.56.050 of the City's Municipal Code, the City Clerk is hereby directed to record the fully executed Second Amendment to Statutory Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 10. CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
6 5-123
PASSED AND ADOPTED on this __ day of _____ 2022.

Charlie Townsend, Mayor
ATTEST:

Kristie Ramos, City Clerk
APPROVED AS TO FORM:

Steven B. Quintanilla, City Attorney
7 5-124
EXHIBIT "A"

SECOND AMENDMENT TO

STATUTORY DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF RANCHO MIRAGE,
AND
PALO VERDE 37, LLC
[TO BE ATTACHED]
8 5-125
RECORDING REQUESTED BY:

City of Rancho Mirage
WHEN RECORDED MAIL TO:

City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270
Attention: City Clerk
APNs: 685-110-004; 685-110-005;
685-110-006; 685-110-007;
685-110-008; 685-110-009;
and 685-100-013.

ATTACHMENT 10
2020-0411480
09/02/2020 08:21 AM Fee: $ 0 .00

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor - County Clerk-Recorder
1111 ~~, ~~~,t,;
1 ~~,,·f t~i ~~~w:~tri 11111
; V, /0; (1H} 1th b1·\,;,
( ( (i i ( :, .(' ,p ~- (
I I
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
(Exempt from Recording Fees Pursuant to Government Code Section 27383 - Benefits City)

STATUTORY DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF RANCHO MIRAGE
AND
RM38 JV, LLC
This Statutory Development Agreement(" Agreement") is entered into this 2nd day of July 2020, by and between CITY OF RANCHO MIRAGE, a municipal corporation located in the County of Riverside, State of California ("City") , and RM 38 JV, LLC, a California limited liability company ("Developer"), pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17 .56, " Development Agreements," of the Rancho Mirage Municipal Code.

REC/TA LS:

WHEREAS, the City is a charter city and a municipal corporation of the State of California; and
WHEREAS, Developer is the owner of that certain property in the City of Rancho Mirage, County of Riverside, State of California, consisting of approximately 33.7 acres located adjacent to the streets known as Via Josefina and Via Florencia, which is currently vacant and unimproved , and which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("Subject Property" or "Pro ject Site"); and - I -
5-126
WHEREAS, on or about December 4, 20 14, at a duly noticed public hearing, the City Council adopted Resolution 20 14-56, approving Tentative Tract Map Case No. TTM 36620, with an initial expiration date of December 4, 2016, for a gated residential subdivision consisting of 82 single-family lots plus some common area lots for related improvements ("Tentative Map"); and WHEREAS, on or about January 19, 2017, the City Council, at a duly noticed public meeting, approved the first extension of the Tentative Map, Tentative Tract Map Extension No.

TTM I X36620, extending the expiration date of the Tentative Map from December 4, 2016; to December 4, 2017; and
WHEREAS, on or about December 7, 2017, the City Council approved the second extension of the Tentative Map, Tentative Tract Map Extension No. TTM2X36620, extending the expiration date of the Tentative Map from December 4, 2017, to December 4, 20 l 9 ("Current Expiration Date"); and
WHEREAS, there was no development plan permit nor other discretionary permits issued or approved related to the Tentative Map or any of its extensions; and WHEREAS, on or about December 4, 2014, the City Council acting on behalf of the "Lead Agency," under the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, approved Resolution No.2014-56, adopting a mitigated negative declaration (the "MND"), and a mitigation monitoring and reporting program ("MMRP") for the Project (Environmental Assessment Case No. EA 130006), based upon its determination that mitigation measures imposed on the Project wi 11 avoid or mitigate impacts to a point where clearly no significant impacts on the environment would occur; and
WHEREAS, on or about December 5, 2014, a Notice of Determination ("NOD") regarding the City's adoption of the MND was filed with the Office of the County Clerk of the County of Riverside and posted for at least 30 days in the Office of the County Clerk; and WHEREAS, since the Project did not require any discretionary approvals from any state agency, the NOD was not filed with the State's Office of Planning and Research; and WHEREAS , no complaints, lawsuits, claims or petitions were filed against the City within the requisite 30-day period to commence a CEQJ\ legal challenge, or anytime thereafter, challenging the City Council's adoption of the MND and approva l of the Tentative Map; and WHEREAS, the Project has experienced substantial delays resulting from a combination of factors that include, without limitation, substantial delays in the completion of the Coachella Valley Water District's water infrastructure project needed to serve the Project, which was beyond the control of the City and/or the Developer; and
WHEREAS, in light of the delay caused by the Coachella Valley Water District's water infrastructure project that was needed to serve the Project, the Developer and the City believe it is in their mutual best interests to enter into this Agreement to extend the Tentative Tract Map's Current Expiration Date to April 3, 2021, s ince the Project will result in the installation of -2-
5-127
necessary public infrastructure at no cost to the taxpayers and the Developer will receive assurances that it may proceed with developing the Project subject to the policies , rules , regulations, and conditions of approval applicable to the Project at the time of approval of the Agreement, with very limited exceptions; and
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code, "Development Agreement Statute" which authorizes cities to enter into prope11y development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and WHEREAS, pursuant to Chapter 17.56, "De velopment Agreements" of the Rancho Mirage Municipal Code, a development agreement is intended to provide assurances to Developer that an approved project may proceed subject to the policies , rules , regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval, and provide assurances that City cannot otherwise unilaterally impose conditions of approval of the project outside the context of a negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and secure orderly development of the Subject Property, assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals , City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein.

NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Chapter 17.56 of the Rancho Mirage Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the Parties agree as follows:

AGREEMENT:

Section 1. Incorporation of Recitals and Exhibits
The foregoing Recitals and attached Exhibits are true and correct and are incorporated into this Agreement by this reference as though fully set forth herein. -3-
5-128
Section 2. Effective Date
This Agreement shall become effective on or after the effective date ("Effective Date") of the ordinance enacting this Agreement ("Enacting Ordinance"); provided, however , that if a City­ wide referendum election is called and the Enacting Ordinance is repealed, this Agreement shall be null and void as of the date of the final declaration by the City Counci l of the repeal of the Enacting Ordinance.

Section 3. Term
The parties agree that, subject to any extensions or early termination provisions described in this Agreement, the Term of this Agreement shall be four (4) years from the Effective Date, subject to early termination if Tentative Tract Map Case No. TTM 36620 expires with no final map being recorded in which case this Agreement shall be deemed terminated on the date of expiration of Tentative Tract Map Case No . 36620.

Section 4. Project Site
The "Project Site" shall be the same as the "S ubject Propetty ," which consists of approximately 33.74 acres of vacant and unimproved real property located adjacent to the streets known as Via Josefina and Via Florencia which are situated entirely within the Section 30 Specific Plan and zoned R-L-2 (Residential Very Low Density) and R-M (Residential Medium Density) in the City of Rancho Mirage, and identified as Assessor Parcel Nos. 685-110-004, 685-110-005, 685-110-006, 685-110-007 , 685-110-008, 685-110-009 and 685-100-013, as more particularly described in Exhibit "A," upon which the Project will be developed in accordance with this Agreement.

Section 5. The Project
The "Project" consists of Tentat ive Tract Map Case No. 36620 for a gated residential subdivision consisting of 82 single-family lots plus some common area lots for related improvements.

Section 6. Purpose
The purpose of this Agreement is to extend the term of Tentative Tract Map No. 36620 to April 3, 2021, in accordance with Government Code Section 66452.6(a)(l), which shall automatically be extended an additional one ( l) year to April 3, 2022, if Developer has submitted a complete Preliminary Development Plan ("PDP") application by April 3, 2021, subject to an additional two (2) year extension to April 3, 2024, if the Final PDP is approved by City on or before April 3, 2022.

Section 7. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
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(a) Expiration of the Term a set forth in Section 3 above; (b) Completion of the Project in accordance with this Agreement and the Project Entitlements, the City's approval and/or issuance of all necessary ministerial permits, including without limitation all necessary grading and building permits, and all required certificates of occupancy and final inspections and the City's formal acceptance of all public right-of-way dedications and off-site public improvements required under this Agreement and the Project Entitlements;
(c) As for any specific lot containing a residential dwelling or other structure situated within the Project Site, this Agreement shall be terminated as to such lot upon the issuance by City of the necessary certificate of occupancy or final inspections, as the case may be, for the subject residential dwelling unit or other structure constructed thereon; (d) Entry of final judgment or issuance of a final order by a court of competent jurisdiction over the Project or Project Site directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material component of the Project Entitlements; or (e) The effective date of a party 's election to terminate the Agreement in response to an uncured default by the other party , pursuant to the terms of this Agreement; or In the event of a termination of this Agreement with respect to any portion of the Project or Project Site, all rights and obligations of the parties with respect to such portion of the Project or Project Site, shall automatically terminate and be of no further force, effect or operation. However , no termination of this Agreement with respect to any portion of the Project or Project Site shall affect in any way the parties ' rights and obligations hereunder with respect to any other pmiion of the Project or Project Site.

In no event shall the termination or expiration of this Agreement result in the automatic termination or expiration of any duly approved or issued Project Entitlement and its related approvals, such as but not limited to, any permits , certificates of occupancy, final inspections and/or licenses or any development right or entitlement, vested or otherwise , duly approved or issued by the City, without further action of City as may be required by this Agreement or any applicable rule, regulation, procedure or law.

If the City lawfully terminates this Agreement because of the Developer's default , then the City shall retain any and all benefits , including without limitation any money, improvements , structures, easements or dedications received by the City pursuant to any term or condition of this Agreement.

Section 8. Cooperation by Developer
Developer shall, in a timely manner, provide the City with all documents , applications, plans and other information necessary for the City to carry out its obligations under this Agreement and cause its planners , engineers and consultants to do the same . Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasi­ governmental agencies having jurisdiction over the Project Site and/or Project as may be required -5--
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for the development of, or provision of services to, the Project Site and/or Project, as contemplated by this Agreement.

Section 9. Filing and Processing Fees
Notwithstanding anything else herein, Developer shall pay all applicable filing and processing fees pursuant to Section 17 .36.050 "Fees" of the Municipal Code in the amounts set forth in the schedule offees that is in effect at the time the Project Entitlements and related permits, licenses, certificates are formally reviewed and approved by the City.

Section 10. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees, Developer shall reimburse the City for the actual costs and expenses incurred by the City for all services provided by the City and its consultants , including legal counsel, for review, preparation and processing of this Agreement and the Project Entitlements, and any research related thereto , which are not factored in the City's filing and processing fees, subject to Developer's consent to such costs and expenses, which consent shall not be unreasonably withheld. Furthermore, to the extent that the City, on behalf of the Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project Site and/or the Project as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements, subject to Developer's consent to such costs and expenses, which consent shall not be unreasonably withheld. Any fees, assessments or other amounts payable by the City pursuant to any such agreements described herein shall be borne by the Developer except where the Developer has notified the City in writing, prior to the City entering into any such agreement, that it does not desire for City to execute said agreement. Should Developer refuse to provide its consent with respect to the above matters, the City reserves the right to refrain from entering into the respective agreement or paying any fees, assessment or other amounts on behalf of the Project Site and/or Project.

Section 11. Tentative Tract Map No. 36620
The Project includes a "subdivision," as defined in Government Code Section 66473.7.

The Patties agree that Tentative Tract Map No. 36620 complies with Government Code Section 66473.7 and all other applicable provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.); and that the proposed subdivision, together with the provisions for its design and improvements , are consistent with the City's General Plan, and all applicable provisions of the Municipal Code, including without limitation Title 16 "S ubdivisions" of the Municipal Code. The Parties further acknowledge and agree that: (a) the Project Site is physically suitable for the Project; (b) the Project Site is physically suitable for the proposed density of development ; (c) the design of the subdivision and the Project's proposed improvements, as mitigated in the Mitigation Monitoring and Reporting Program ("MMRP") , are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat; (d) the design of the subdivision and type of proposed improvements are not likely to cause serious public health problems; and (e) the design of the subdivision and the type of proposed improvements will -6-
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not conflict with any easements, acquired by the public at large, for access through or use of, prope1ty within the Project Site. Notwithstanding the foregoing, the Developer consents to the application of the conditions of approval specifically set forth in Exhibit "B," attached hereto.

Section 12. Extension of Tentative Map
City agrees to extend the term of the Tentative Map to April 3, 2021, in accordance with Government Code Section 66452.6(a)(l ), which shall automatically be extended an additional one (I) year to April 3, 2022, only if Developer has submitted a complete Preliminary Development Plan ("PDP") application by April 3, 2021. If the Final PDP is approved by City prior to April 3, 2022, the Tentative Map shall be extended for an additional two (2) years resulting in a new expiration date of April 3, 2024.

Section 13. Lot Sizes
The parties acknowledge that although 37 of the Project's 82 lots do not meet the current minimum lot sizes for the R-L-2 and R-M zones, which were established by the adoption of Ordinance No. I 086 (Zoning Text Amendment ZT A 14002) on November 6, 2014, City shat I treat and process said lots under this Agreement as legal nonconforming lots, which shall not require the issuance of a conditional use permit as may otherwise be required under Chapter 17.70 ''Nonconforming Uses, Sites and Structures" of the Municipal Code, since the Project's lot sizes, as depicted on the Tentative Map, were consistent with the City's General Plan and applicable zoning at the time Developer submitted its application for the Tentative Map.

Section 14. Lot Coverage
Developer agrees that the Project shall not include any structures with four walls and a roof that exceed the maximum thirty percent (30%) lot coverage for all lots within the Project.

Section 15. Street Improvements - Via Josefina
Developer shall develop, construct and install all necessary street improvements, including curb and gutter, along the east side of Via Josefina between Via Florencia and Seclude Court to the satisfaction of the City Engineer.

Section 16. Emcrgencv Vehicle Access Road
Developer shall develop, construct and install the necessary street improvements for the Emergency Vehicle Access Road, as depicted in Exhibit t-1,:_, to the satisfaction of the Fire Marshal and City Engineer.

Section 17. Underground Overhead Utility Lines
Developer shall underground the overhead utility lines along the east side of Via Josefina between Via Florencia and Seclude Court, as depicted in Exhibit "C." -7-
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Section 18. Sewer Laterals
Developer shall install sewer laterals to every lot, house, or building along Via Josefina between Via Florencia and Seclude Court at the time of the sewer line extension.

Section 19. Preliminary Development Plan
The Developer shall submit a complete application for a Development Plan for the Project.

Pursuant to the terms of this Agreement, the Project's Preliminary Development Plan may adjust or modify , where necessary and justifiable, all applicable development standards (e.g., building envelope [coverage, height, and setbacks], fence and wall heights, landscaping, off street parking [design and ratios], open space, street layout, etc.).The Parties agree that the Project is: (a) allowed within the respective zoning district; (b) generally in compliance with all of the applicable provisions of Title 17 of the Rancho Mirage Municipal Code, including prescribed development standards and applicable design guidelines; (c) consistent with the General Plan; (d) a comprehensive development incorporating a more enhanced environment and architectural excellence ( e.g., appropriate variety of structure placement and orientation opportunities , appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under more standard district development requirements. The Parties further agree that: (i) the design , location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water, etc.), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district; (ii) the design, location, and proposed uses would be compatible with the character of existing deve lopment in the surrounding neighborhood; (iii) the Project Site is physically suitable for the type and density/intensity of development being proposed; and (iv) the Project has been reviewed in comp liance with the provisions of the California Environmental Quality Act (CEQA) and, as mitigated by the measures contained within the Mitigation Monitoring and Reporting Program ("MMRP"), there would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored.

Section 20. Grading Plans and Grading Permit
Developer shall submit to the City a complete application for a Grading Pe1mit and the requisite Grading Plans for development of the Project , which the City shall expeditiously process for approval consistent with the terms and conditions of Title 16 Subdivisions of the Municipal Code, the Project Entitlements, and the Project's Mitigation Monitoring and Reporting Program ("MMRP") .

Section 21. Vested Rights and Applicable Rules, Regulntions and Policies Except as otherwise provided in this Agreement , or in the approved Tentative Map and the conditions of approval attached hereto as Exhibit 8, the Developer shall have the vested right to -8-
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develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, building and occupancy standards, in effect on the Effective Date of this Agreement, as set fotih in this Agreement, Tentative Tract Map No. 36620, Title 17 "Zo ning" of the Municipal Code, and all other applicable legal requirements in etlect as of the Effective Date (collectively, "Applicable Law"). In light of the foregoing, the City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Project Site. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project Entitlements and this Agreement.
(a) In accordance with Government Code Section 65866, nothing herein shall be construed to limit the City's authority to apply new rule s, regulations and policies to the Project which do not conflict with the Applicable Law, nor to limit the City's police power to implement , based upon appropriate and adequate findings, specific emergency measures neces sary to protect against real and actual threats to the health and safety of City residents . (b) Notwithstanding anything to the contrary contained in this Agreement, the City may apply to the Project , at any time during the term of this Agreement, the then -current California Building Code, California Fire Code, and other uniform construction codes, provided that any such uniform code shall apply to the Project only to the extent that such code has been adopted by the City, and is in effect on a City-wide basis .
(c) As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations , plans or policies, to the extent that such changes arc specifically mandat ed and required by changes in state or federal laws or regulations ("Changes in the Law"). In the event Changes in the Law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement.
(d) Unless ordered by a court of law, or to the extent provided by state law, the City shall not impose on the Project (whether by action of the City Council or other local legislative body, or by initiative, referendum or other means) any ordinance, resolution , rule, regulation , standard, directive, condition or other measure (each, individually , a "City Law") that is in conflict with Applicable Law or this Agreement , or that reduces the development rights or assurances provided by this Agreement. If the City attempts to apply to the Project a City Law that Developer believes to conflict with Applicable Law or this Agreement, Developer shall provide to the City a written notice describing the legal and factual basis for Developer's position. (e) The City shall not adopt or enact any City Law , or take any other action which would violate the express or implied provisions, conditions, or intent of any of the Project Entitlements. Developer reserves the right to challenge in court any City Law that would, in -9-
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Developer's opinion , conflict with Applicable Law (including this Agreement) or reduce the development rights provided by this Agreement. Should any initiative, referendum, or other measure be enacted, and any failure to apply such measure by City to the Project be legally challenged, Developer agrees to fully defend and indemnify the City against such challenge, including providing all necessary legal services (with counsel reasonably selected by Developer in consultation with the City Attorney), bearing all costs therefor , and otherwise holding the City harmless from all costs and expenses of such legal challenge and litigation . (t) In the event a City Law is enacted , whether by action of the City Council, or by initiative, referendum (other than a referendum which specifically ovetturns the City's approval of this Agreement or the Project Entitlements) , or otherwise, which relates to the rate, timing, phasing or sequencing of new development or construction in the City or, more particularly, development and construction of all or any part of the Project, and that is in conflict with the Applicable Law or this Agreement, such City Law shall not apply to the Project or any portions thereof.

Section 22. Minor Revisions
Minor revisions to the permits, licenses, certificates and other entitlements related to the Project Site and /or Project shall not require an amendment to this Agreement, provided that the City finds and determines that the proposed change or modification is consistent with the development standards and guidelines applicable to the Project pursuant to this Agreement, the Project Entitlements, Tentative Tract Map No. 36620, and the Project ' s Mitigation Monitoring and Reporting Program ("MMRP"). The City's Development Services Director ("Director") may approve a minor modification to allow refinements and adjustments to the entitlements, so long as the proposed modifications are consistent with the intent of the approved entitlements and do not increase the number of lots , units or buildings, nor increase the height of a previously approved building by more than 6 inches beyond that specified in an approved PDP. If, in the opinion of the Director, the amendment is not minor , a Major Modification shall be submitted. The Developer shall have the right to appeal the Director decision under Chapter 17 .76 of the RMMC.

Section 23. Development Impact Fees
The Developer shall pay the City's Development Impact Fees as required under Chapter

3.29 Development Impact Mitigation Fees of the Rancho Mirage Municipal Code.

Section 24. Quimby Parkland Fee.s
Developer shall pay the City's applicable Quimby Parkland Fees in the amount in effect on the date that the application for PDP is accepted as complete by the City.

Section 25. Multiple Species Habitat Conservation Plan Fees The Project shall pay the Coachella Valley Multi-Species Habitat Conservation Fee pursuant to Section 3.29.147 of the City's Municipal Code . -I 0-
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Section 26. Sewer Lift Station Reimbursement
Prior to grading plan check, Developer shall pay City the total sum of Thirty-Four Thousand One Hundred and Nine Dollars ($34, I 09.00) as reimbursement for the Project's fair share of a sewer lift station that benefits certain lots within the Project , as set forth in Tentative Tract Map Case No. TTM 36620 Condition of Approval No. 38.

Section 27. Existing Exactions
Nothing set forth in this Agreement shall constitute a waiver of Developer 's obligation to pay or be subject to any other existing fees, exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off-site improvements, construction requirements for public improvements , facilities, or services required of the Project and/or Project Site under the Applicable Law, whether such requirements constitute subdivision improvements , mitigation, or impositions made under any applicable ordinance or other applicable regulation.

Section 28. Community Facilities District No. t
Developer acknowledges the existence of Community Facilities District No. I ("CFO No.

I") which was created pursuant to the Mello-Roos Community Facilities Act, as set forth in Government Code Sections 53311 et seq. ("Mello-Roos CFO Act") for the purpose of funding cettain public safety services , and agrees that if the Project and Project Site are not currently subject to the assessments of CFO No. 1. Developer voluntarily consents to take whatever affirmative action it needs to take on its part to ensure that the Project and Project Site are subject to the assessments of the CFD No. I, which includes without limitation , voting to approve the annexation of the Project and Project Site to said CFD No. I. In the event CFD No. 1 formally dissolves, Developer shall consent to paying an in-lieu assessment in a manner and form, deemed acceptable by City , as though CFD No . I had never dissolved with respect to the Project and Project Site.

Section 29. Nexus/Reasonable Relationship Challenges
Developer consent s to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions or requirements set forth in this Agreement including , without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Developer reserves the right, however , to challenge in court any future fee, exaction , or other City Law that would, in Developer's opinion, conflict with Applicable Law (including this Agreement) or reduce the development rights provided by this Agreement.

Section 30. Covenants Running with the Land and Constructive Notice All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors , and assigns , and all other persons or entities acquiring - I 1-
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all or any portion of the Project Site and/or Project, or any interest therein , whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of the City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to appl icable law, including but not limited to, Section 1468 of the California Civil Code. Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project Site and/or Projec t sha ll be deemed to have consented and agreed to every provision contained in this Agreement , whether or not any reference to this Agreement is conta ined in the instrument by whic h such person acquired an interest in the Project Site and/or Project.

Notwithstanding the foregoing , the te1ms, provisions and ob ligations of this Agreement shall not be binding upon any buyer or owner of an individual home within the Project for which a certificate of occupancy has been issued. Notwithstanding anything set forth in ' this Agreement to the contrary:
(a) During the term hereof, the Proj ect and the Project Site shall be subject to th is Agreement, and any development of any portion of the Property sha ll be developed, operated and/or managed pursuant to the terms of this Agreement. (b) Developer is not obligated by the terms of this Agreement to affirmat ively act to develop all or any portion of the Project Site, pay any sums of money (with the exception of any assessment district or other public finance district formed to include the Project Site), dedicate any land, indemnify any party, or to otherwise meet or perform any ob ligation with respect to the Project Site, except and on ly as a condition to the deve lopment of any portion of the Project Site.

Section 31. Civil Code Section 1542 Waiver
Developer hereby waives any and all rights Developer or its successors and assigns may have under Artic le XIIIC or Article XIIID of the California Constitution and any and all rights Developer or its successors and assigns may have under any other applicable law to contest the fees , exactions and assessments and/or their amounts payabl e to the City under this Agreement as fo llows:

Tn furtherance of the Pa1ties' intentions , Developer with and under advice of counsel, hereby express ly waives any and all right and benefit conferred upon Developer by the provision s of Civil Code Section 1542, which provides as follows:
"A general release does not extend to claims that the cred itor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her wou ld have materially affected his or her sett lement with the debtor or released patty."
Developer futther expressly waives any and all rights and benefits conferred upon Deve loper by any provi sion of any other state, federa l or local statute, code , ordinance or law sim ilar to Section 1542 of the Civil Code. Developer express ly consents that the waiver of rights conta ined in the first paragraph sha ll be given full force and effect, according to the express terms -12-
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and provisions of the instant waiver, to unknown and unsuspected claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this Agreement.

Section 32. Periodic Review
The City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. The City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement.
(b) Notice . The City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.
(c) Good -faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement. (d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as the City , in the exercise of its reasonable discretion, may require.
(e) Cost of Annual Review . The costs incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. City's failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement, and shall constitute a rebuttable presumption that Developer is in good faith compliance with the terms of this Agreement. (g) Certificate of Compliance. If, at the conclusion of a periodic or special review , Developer is found to be in compliance with this Agreement, the City shall issue a Certificate of Compliance ("Certificate") to Developer stating that after the most recent periodic or special review, and based upon the information known or made known to the City that: (i) this Agreement remains in effect and (ii) Developer is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Developer.

Section 33. Mortgagee Protection
(a) In General. The provision s of this Agreement shall not prevent or limit Developer' s right to encumber the Property or any portion thereof , or any improvement thereon by any -13-
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mortgage, deed of trust or other security device securing financing with respect to such portion.

City acknowledges that lenders providing such financing and other "Mortgagees" (defined below) may require cetiain modifications or amendments to this Agreement and agrees upon request, from time to time, to meet with Developer and representatives of such lenders to negotiate in good faith any such request for modification or amendment. Any modification or amendment requested by a Mortgagee will be processed in accordance with the terms of this Agreement. Any person holding a mortgage, deed of trust or other security instrument on all or any portion of the Property made in good faith and for value (each, a "Mortgagee"), shall be entitled to the rights and privileges set forth in this Section.
(b) Impairment of Mortgage or Deed of Trust. This Agreement shall be superior and senior to any lien placed upon the Propetiy, or any portion thereof, including the lien of any mortgage. Notwithstanding the foregoing and except as otherwise specifically stated in the terms of any security instrument held by a Mortgagee, no default under this Agreement shall defeat , render invalid , diminish, or impair the lien of any mortgage or deed of trust on the Project Site made, or their interest in the Prope1ty acquired by, any Mortgagee in good faith and for value. ( c) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices , City shall exercise its best efforts to provide such Mortgagee written notification from City of any failure or default by Developer in the performance of Developer's obligations under this Agreement, which notification shall be provided to such Mortgagee at such time as such notification is delivered to Developer. (d) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the obligation , to cure any failure or default by Developer during the cure period allowed Developer under this Agreement, plus an additiona l 60 days if, in order to cure such failure or default , it is necessary for the Mortgagee to obtain possession of the Property such as by seeking the appointment of a receiver or other legal process. Any Mortgagee that undettakes to cure or attempt to cure any such failure or default shall provide written notice to City that it is undertaking efforts of such a nature; provided that no initiation of any such efforts by a Mortgagee sha ll obligate such Mortgagee to comp lete or succeed in any such curative efforts. (e) Liability for Past Defaults or Obligations. Subject to the foregoing, any Mo1tgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, shall take such property subject to the rights and obligations of this Agreement, and in no event shal l any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing in this Section shall prevent City from exercising any remedy it may have for a default under this Agreement; provided , however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition or possession of such property by such Mortgagee. -14-
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Section 34. Relationship of Parties
It is specifically understood and agreed by and among the parties hereto that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder. The City and Developer also hereby renounce the existence of any form of joint venture or partnership among them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners.

Section 35. Third Partv Beneficiaries
Except as may be expressly provided herein, there are no third-party beneficiaries and this Agreement is not intended, and shall not be construed , to benefit, or be enforceable by any other person whatsoever other than Developer and the City.

Section 36. Assignment of Rights
Developer shall have the right to assign its rights and obligations under this Agreement , by giving prior written notice to the City, to any entity in which the Developer, or its principals or owners, retain a majority ownership interest so long as such assignee expressly assumes the obligations of the Developer hereunder. Developer shall also have the right to assign its rights and obligations under this Agreement to any third-party purchasers of the Property (or any portion thereof). Upon ful I execution of an Assignment and Assumption Agreement, and approval of same by the City, which approval shall not be unreasonably withheld, Developer shall be released from all obligations hereunder as to all portions of the Property transferred to said third party purchaser(s).

Section 37. Estoppel Certificate
For and in consideration of entering into this Agreement, the parties hereto acknowledge the receipt of good and valuable consideration . This paragraph shall constitute an Estoppel Certificate and shall be an independent agreement among the parties which is intended to and shall survive any subsequent determination that this Agreement is invalid for any reason, by a final court decision, having jurisdiction thereof. The Developer represents to the City that it has no actual knowledge of any Claims, as herein below defined , against the City specifically pertaining to the matters set forth in this Agreement. For purposes of this Section, "C laims" arc defined as all known claims, fees, demands , costs, damages , obligations, expenditures, remedies, liens, rights or arbitration, rights of action and/or causes of action, whether compensatory or punitive, legal or equitable. This Estoppcl Certificate legally bars the Developer from filing Claims against the City of which it had actual knowledge at the time of the approval by the City of this Agreement.

Section 38. Scverability
If any term, provision , covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction or an authorized government enforcement agency to be invalid , void or unenforceable, the remaining provisions , if any, of this Agreement shall -15-
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continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 39. Singular and Plural; Gender; and Person
Except where the context requires otherwise , the singular of any word shall include the plural and vice versa; and pronouns inferring the masculine gender shal I include the feminine gender and neuter, and vice versa , and a reference to "person " shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

Section 40. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition hereof.

Section 41. Waiver
All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default as defined in this Agreement. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance and specific performance by the other party in the future.

In addition, no express written waiver of any Event of Default shall affect any other Event of Default, or cover any period oftime other than as specified in such express waiver.

Section 42. Amendments
This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with the City's costs payable by amendment applicants, in accordance with the provisions of Government Code Sections 65867 and 65868 and the City's adopted procedures and requirements for the consideration of amendments to development agreements. Minor revisions , as described above, shall not require an amendment to this Agreement.

Section 43. Ambiguities or Uncertainties
The parties hereto have mutually negotiated the terms and conditions of this Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provision s contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement. Therefore , any ambiguities or uncertainties are not to be construed against or in favor of either patiy. -16-
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Section 44. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City's elected and appointed officials, commissioners , board members, officers , agents , consultants and employees ("City Patties") from , any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's officers', agents ', consultants' , employees ' , contractors' or subcontractors' negligent, willful or reckless conduct performed Lmder this Agreement.

Section 45. Indemnification
Developer shall defend, indemnify and hold harmless the City, city council, commissions , boards, subcommittees and the City's elected and appointed officials, commissioners, board members, officers , agents , consultants and employees ("C ity Parties ") from and against any and all liabilities , demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense , settlement and reasonable attorneys' fees) , which any or all of them may suffer , incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) this Agreement and the concmTent and subsequent permits, licenses and entitlements approved by the City; (ii) any environmental determination made by the City in connection with the Project Site, the Project or this Agreement; and (iii) any proceedings or other actions i.mdettaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof , the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third-party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense , the City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counse l by the City.

Section 46. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay, Developer and the City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America; riots , strikes, picketing, or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods , earthquake, or other casualties; litigation, neglect of the other patty; restrictions imposed or mandated by governmental or quasi-governmental entities; and/or enactment of contlicting provisions of the Constitution, laws of the United States of America ., the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either patty within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period ol'the delay, or longer as may be mutually agreed upon. -I 7-
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Section 47. Events of Default
A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to the City or by the City to Developer is false or proves to have been false in any material respect when it was made, or (ii) a finding by the City made following a periodic review of the Agreement under the procedure provided for in Section 30 (Periodic Review) of this Agreement, based on substantial evidence, that Developer has not complied in good faith with one or more of the terms or conditions of this Agreement, or (iii) Developer's failure to perform any of its material obligations under this Agreement ("Event of Default"). Upon the occurrence of an Event of Default by the Developer or the City, the non­ defaulting party shall provide the other patty thirty (30) calendar days written notice specify ing the nature of the alleged default and the manner in which said default may be satisfactorily cured ("Notice of Default"). Subject to any extensions of time by mutual consent of the parties in writing, and subject to the provisions of Section 44 (Delays in Performance) of this Agreement, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party shall constitute a default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) calendar day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.

During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any fmther building permits shall be issued with respect to the Project or Project Site.

Section 48. General Default Remedies
Subject to Section 50 (No Damage Relief) of this Agreement, after notice and expiration of the thirty (30) calendar day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to California Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to the non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non-defaulting patty with cum ulative rights and remedies. None of such rights or remedies, whether or not exercised by the non-defaulting party, sha ll be deemed to exc lude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
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Section 49. No Building Permit upon Developer Default
No building permit shall be issued or building permit application accepted for any structure or improvement on the Project Site after Developer is detennined by a court of competent jurisdiction to be in default of any of the material terms and conditions of this Agreement, until such default thereafter is cured by Developer or is waived by the City. If the City lawfully terminates this Agreement because of Developer's default, then the City shall retain any and all benefits, including without limitation any money , improvements, structures, easements or dedications received by the City pursuant to any term or condition of this Agreement, the Project Entitlements and the Project's Mitigation Monitoring and Reporting Program ("MMRP").

Section 50. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 51. Venue
In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside , California or where appropriate , in the United States District Court, Southern District of California, Riverside, California.

Section 52. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, the parties acknowledge that neither would have entered into this Agreement had either been exposed to damage claims for any breach hereof. As such, the parties agree that in no event shall either party be entitled to recover monetary damages of any kind whatsoever (other than the recovery of costs and attorney's fees pursuant to the terms of this Agreement or applicable law) against the other for breach of this Agreement.

Section 53. Legal Action; Attorneys' Fees
Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein , enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys' fees and costs to be paid by the losing party.

Section 54. Notices
Any notice or communication required hereunder among the City and the Developer shall be in writing, and may be given either personally or by registered mail, return -receipt requested.

Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom -19-
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notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shal l be given. Such notices or communications shall be given to the parties at their addresses set forth below:

To City:

City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
To Developer:

RM 38 JV, LLC
c/o Meriwether Companies
2001 Wilshire Blvd. Suite 401
Santa Monica, CA 90403
Attn : Mr. Graham Culp
With a copy to:

James D. Vaughn, Esq.

Stowell, Zei lenga, Ruth, Vaughn & Treiger LLP
4590 E. Thousand Oaks Blvd ., Suite I 00
Westlake Village, CA 91362
E-Mail: jvaughn @sz rlaw.com
Section 55. Entire Agreement·
This Agreement, and the exhibits attached hereto, contain all the representations and the entire agreement between the parties with respect to the subject matter hereof . Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda , warranties, representation s and agreements unless otherwise provided in this Agreement, are superseded in total by this Agreement and the exhibits attached hereto.

Section 56. Recordation
In order to comply with Section 65868.5 of the Development Agreement Statute, the City Clerk shall cause a copy of this Agreement to be recorded with the Riverside County Recorder's Office within ten ( I 0) days after the Enacting Ordinance takes effect.

Section 57. Counterparts
This Agreement may be executed in duplicate counterpart origina ls, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.
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Section 58. Consistency Between Project Entitlements and Agreement The patiies hereto acknowledge that it is their intention that all terms, conditions and obligations of all Project Entitlements shall be consistent with, or at minimum, shall not conflict with, the terms, provisions and obligations of this Agreement. To the extent there is any conflict or inconsistency between the terms of this Agreement and any other provision in the Project Entitlements, the terms of this Agreement shall prevail.

Section 59. Authoritv to Execute Agreement
The person or persons executing this Agreement on behalf of Developer and City warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer and City, as applicable, to the performance of their respective obligations hereunder.

Section 60. Covenant of Good Faith and Fair Dealing
No party shall do anything which shall have the effect of injuring the right of another party to receive the benefits of this Agreement or do anything which would render its performance under this Agreement impossible. Each party shall perform all acts contemplated by this Agreement to accomplish the objectives and purposes of this Agreement.

Section 61. Partial Invalidity Due to Governmental Action In the event state or federal laws or regulations enacted after the effective date of this Agreement, or formal action of any governmental entity other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the pa11ies agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations.

Section 62. Further Actions and Instruments
The patiies agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perf01m all acts as necessary to carry out the matters contemplated by this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.

CITY OF RANCHO MIRAGE
APPROVED:

By~,~4;/;J .Dan~ obart,Mayor
ATTEST:

By: ~~~- ~Gv11v~Q.z__.

Kristie Ramos, City Clerk
APPROVED AS TO FORM:

By: <1~

DEVELOPER
APPROVED:
:,38~~£
&o,1.11"-"1. t...,'( 1 Au'\"' , S,1,1~·t"·/
Name/Title
*By:----------­
Its: ------------Name/Title
See Attached
Acknowledgment
N:\RNCJ-1\0005-53 RM 38 JV, LLC Development Agreement - Meriwether\DOC\001 - DA TTM36620 (PINAL) (04 24,2020).docx -22-
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ALL- PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
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State of California
County of Los Angeles
}
}
On "7 / b) 2d) ~ ~efore me, Ja dee ~ ere li$8 namoon 80 leer personally appeared y~ ~'M {3. c~ I 0
who proved to me on the basis of satisfactory evidence to1be the perso~whose name(¢) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herlt~eir authorized capacity(iesr, and that by his/hei:1-their signature'9ron the instrument the person(s);-or the entity upon behalf of which the person!s}-acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Notary Public Seal)
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CAPACITY CLAIMED BY THE SIGNER
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California All-Purpose Certificate of Acknowledgment
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On._}u\o 09 r2020 before me, Daniela Chavez ~-J~,?!~~~r~~b~li~le personally appeared JQ..rl'e..~ D • ~f'Jh,f\
Name of Signer ( V
Name of Signer (2)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~ •. • DANIELA CHAVEZ t
f- , COMM ... 2300791 o
0 I& NOTARY PIJBLIC,CAI.IFORNIA -1
m . ,. ORANGE COUNTY W
t . My Term Exp. A':Jlust 9, 2023 J
Saal
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LIST OF EXHIBITS
Exhibit A - Subject Property or Project Site
Exhibit B - Tentative Tract Map No. 36620 with Conditions of Approval and Mitigation Monitoring Program
Exhibit C - Aerial - Street Improvements and Undergrounding 5-150
EXHIBIT "A"

SUBJECT PROPERTY
OR

PROJECT SITE
[SEE A TT ACHED]
5-151
;---, I
I
___
J
Subject
Property
(TTM
36620)

EXHIBIT
A
-Project
Site
Via
Florencia
Emergency
Vehicle
Access
Road
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EXHIBIT ''B"
TENTATIVE TRACT MAP NO. 36620 WITH CONDITIONS OF APPROVAL

AND MITIGATION MONITORING PROGRAM
[SEE ATTACHED]
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APPROVED WITH ADDITION TO CONDITIONS
#23 a., #24 a. and b. and #27 a.

TO: City Council DATE: December 4, 2014
FROM: Jeremy Gleim, Planning Technician
SUBJECT: Consideration of Environmental Assessment Case No.

EA130006; Specific Plan Amendment Case No. SPA13001 and Tentative Tract Map Case No, 36620 - Tesoro
SPECIFIC REQUEST OR RECOMMENDATION:

That the City Council:
1) Approve a Mitigated Negative Declaration of Environmental Impact based upon Environmental Assessment Case No.

EA130006; and
2) Adopt an Ordinance approving Specific Plan Amendment Case No. SPA13001, subject to the Conditions of Approval and based on the Findings and Content in this Staff Report; and 3) Approve a Resolution to approve Tentative Tract Map No. 36620 based upon the Content, Findings and Conditions in this staff report
JUSTIFICATION OR INFORMATION:
~TTACHMENTS;

1. Section 30 Master Circulation Plan - Existing

2. Section 30 Master Circulation Plan - Proposed

3. Mitigation Monitoring Program

4. Letter from Tanya Mayton

5. Ordinance for Specific Plan Amendment

6. Resolution for Tentative Tract Map No.36620
CITY COUNCIL ACTION:

Approved as Requested: __ _ Referred to: - - -
Approved as Amended: __ _ For: ---
Denied: __ _ Cont. to Agenda of: __ _
Other: __ _ Hearing Set: __ _
AGENDA ITEM#
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DATE Oecember 4, 2014 Page 2 of 43
JUSTIFICATION OR INFORMATION CONllNUE0:

7. Aerial Photograph

8. Large Map Exhibit

9. 11n x 17" Landscape Booklet

EXECUTIVE SUMMARY
The Planning Commission, at their meeting on November 13, 2014 heard Staff's presentation for Tentative Tract Map Case No.

TTM36620 for an 82 lot subdivision referred to as Tesoro; the project is located in Section 30 just north of the Versailles residential development. A Specific Plan Amendment was submitted in conjunction with TTM36620 in order to amend the Section 30 Master Circulation Plan; the proposed Amendment is for a slight realignment of Via Florencia, which is an unimproved public street . Their efforts resulted in a recommendation to the City Council to approve Environmental Assessment Case No. EA130006, Specific Plan Amendment Case No. SPA13001, and Tentative Tract Map Case No. TTM36620 with the addition and/or revision of four Conditions of Approval.

PLANNING COMMISSION REVIEW
The Planning Commissioners were impressed with the project as a whole, but brought up two issues which ultimately led to the addition of two Conditions of Approval. The first issue dealt with the location of and type of retention basin amenity. The Commissioners were concerned about the location of the proposed dog park and pickleball court. The dog park lies at the terminus of the entry road and is situated along the common boundary with Versailles; similarly, the pickleball court exists in a retention basin which lies adjacent the same boundary wall. Due to the potential noise impact that are commonly associated with these activities it: was conditioned that these "active" amenities be located further within the project site. By locating such recreational amenities more centrally within the project site it will mitigate negative impacts to the existing residents in Versailles who live along the boundary wall.

The other issue which was raised by the Planning Commission was in regards to the common wall which will divide the proposed project with the Versailles neighborhood. The Commissioners wanted to ensure that the integrity and maintenance of that wall was upheld with the development of the proposed subdivision. A Condition of Approval was added to the project which requires the applicant to AGENDA ITEM#
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DATE December 4, 2014 Page 3 of 43
JUSTIFICATION OR INFORMATION CONTINUED:
develop an agreement with the Versailles Home Owners Association for the maintenance of the common boundary wall; said agreement is to be included in the project's CC&Rs.

The applicant was amenable to all of the project's Conditions of Approval with the exception of #23 which required that the one-way eyebrow street be constructed entirely of decorative pavers. The applicant agreed that decorative pavers are appropriate, but asked that the entire street not be required to be constructed of them.

The Planning Commissioners added a condition which did not require the entire one-way street to be comprised of decorative pavers, but that the pavers be integrated into the one-way street to Staff's satisfaction; the final design is to be shown on the Final Development Plan.

The final concern that was raised by the applicant was in regards to Mitigation Measure IV (al 3 under the Biological Resources section of the project's Mitigated Negative Declaration. Said mitigation measure requires that a biological monitor be present whenever grading or construction vehicles are present and operating on the project site. The applicant requested that this mitigation measure be lifted if they performed surveys 30 days prior to grading, and again 2 - 3 days prior to grading. Staff responded by saying that an updated letter would be needed from the biologist who conducted the study in order to relieve that mitigation measure. The Planning Commission added a Condition to the project which would grant relief from the aforementioned mitigation measure provided an updated letter is received from the biologist who conducted the original study.

Nobody spoke in opposition of the project; however, a letter was received from Tanya Mayton which questioned the aesthetic of the multi-use trail that is required in this section of the City. The decomposed granite that was originally required as a construction material for the trail has proven inadequate and has weathered poorly where previously installed. The City realized this issue many years ago and now requires that the multi-use trail be constructed of concrete. Staff ensured Ms. Mayton that her concern had already been addressed in the project's Conditions of Approval { see #31) , but stated that her letter would be distributed to the Commissioners and that it would be addressed in the public hearing; her letter is attached to this report.

A resident of the Versailles community, Mr. Wagenaar, asked about the timing of the project and whether or not it would be phased.

AGENDA ITEM#
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JUSl'IFlCMION OR INFORMATION CON1INUED:

Staff stated that the timing of the improvements was unknown at this time due to Coachella Valley Water District infrastructure that is needed in the area. Staff went on to state that project phasing was never discussed, so it is not being considered as part of the entitlement; this project is considered a single phased development.

After due consideration of the staff report, public testimony and exhibits, the Planning Commission upheld staff's recommendation to approve the project as noted below:

MOTION: It was MOVED/SECONDED by ADAMS/BRODOVSKY that the Planning Commission recommend to the City Council:
1) Approval of a Mitigated Negative Declaration of
Environmental Impact based on Environmental Assessment Case No. EA130006. The motion passed 4/0.

MOTION: It was MOVED/SECONDED by ADAMS/WINCHESTER that the Planning Commission recommend to the City Council:
2) Adoption of an Ordinance approving Specific Plan Amendment Case No. SPA13001, subject to the Conditions of Approval and based · on the Finding and Content in this staff report. The motion passed 4/0,
MOTION: It was MOVED/SECONDED by ADAMS/BRODOVSKY that the Planning Commission recommend to the City Council:
3) Approval of a Resolution to approve Tentative Tract Map No. 36620 based upon the Content Findings and Conditions in this staff report;
AND With the addition/revision of the following Conditions as presented during the public hearin~.
13a. The "active" retention basin amenities shall be relocated to a more central location within the project site, and the "passive" amenities shall be located along the project's perimeter.
64a. The applicant shall enter into
Versailles HOA regarding common wall
agreement shall be included in the
Covenants and Restrictions (CC&Rs).
an agreement with the
maintenance, and said
project's Conditions,
AGENDA ITEM#
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JUSrlFJCAnON OR INFORMATION CONTINUED:

23. The one-way eyebrow street does not have to be
constructed entirely of decorative pavers, but the pavers shall be integrated into the one-way street as an accent material. The final design shall be shown on the Final
Development Plan and shall be approved by Staff.

Mitigation IV (a) 3. This mitigation measure may be modified if a letter is received from the biologist who conducted the Biological Assessment which either alleviates said mitigation measure or offers an alternative method of mitigation.

The motion passed 4/0.

The following is the November 13, 2014 Planning Commission staff report.

AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:

PLANNING COMMISSION STAFF REPORT
FACTS

1. Applicant:

2. Purpose of Request:

3. Location:

4. Project Size:

5. Existing Streets:

6. Existing Land Use:

7. Surrounding Land Use:

8. Existing Specific
RM 38 JV, LLC c/o Meriwether
Companies
A) Adopt a Mitigated Negative
Declaration for Environmental
Assessment case No. EA130006.

B) Amend the Section 30 Specific
Plan to accommodate a slight
realignment of Via Florencia.

B) Adopt a Mitigated Negative
Declaration for Environmental
Assessment case No. EA130006.

C) Consideration of Tentative Tract
Map No. 36620 for a new gated
subdivision that creates 82 new
single-family lots in addition to
common lots for landscaping, private
streets and retention basins.

On the east side of Via Josephina
between an existing equestrian
facility (north) and the Versailles
neig~borhood (south).

33.74 acres
Via Josephina and Via Florencia
Vacant
N: equestrian center and vacant land
E: vacant land; S: Versailles
neighborhood and W: vacant land.

Plan: Section 30 Specific Plan.

9. Surrounding Specific Plan
and General Plan/Zoning: N: R-M (Residential, Medium Density, 4 du/acre); E: R-M (Residential,
Medium Density, 4 du/acre); S: R-L-3
(Residential, Low Density, 3
du/acre) & R-L-2 (Residential Low
Density, 2 du/acre); and W: R-L-2
(Residential, Very Low Density 2
du/acre)
AGENDA ITEM#
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JUSTIFICATION OR INFORMATION CONTINUED:

10. Environmental Information:A Mitigated Negative
will be filed.

Declaration

RECOMMENDATION
That the Planning Commission recommend to the City Council:
4) Approval of a Mitigated
Environmental Impact based
Case No. EA130006; and
Negative Declaration of
upon Environmental Assessment
5) Adoption of an Ordinance approving Specific Plan Amendment Case No. SPA13001, subject to the Conditions of Approval and based on the Findings and Content in this Staff Report; and 6) Approval of a Resolution to approve Tentative Tract Map No. 36620 based upon the Content, Findings and Conditions in t his staff report

REQUEST AND BACKGROUND
The applicant has submitted the following applications for consideration: 1. A Specific Plan Amendment to revise the Section · 30 Master Circulation Plan; and 2. Tentative Tract Map No. 36620 for an 82-lot subdivision of single family homes.

The west half of Section 30 was annexed from County to City jurisdiction in 1994; the east half was annexed in 1984. In 1999 the City approved, with property owner inp ut, the Section 30 Master Circulation Plan. The goal of the plan was twofold: to eliminate the "cut through" streets planned as part of the county circulation element; and secondly, to minimize the area of public streets needed while providing public street access to all parcels. In neighborhood workshops it became clear that the property owners also wanted equestrian (later termed multi-use) trails throughout Section 30; this requirement was added to the circulation plan.

In keeping with the original intent of the Section 30 Master Circulation Plan, the applicant is proposing a slight realignment of Via Florencia, which is an undeveloped public road that will serve the project site. Staff is in support of the proposed realignment, as it satisfies the aforementioned goals of the Section 30 Master Circulation Plan.

AGENDA lrEM #
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DATE December 4, 2014 Page 8 of 43
JUSTIFICATION OR INFORMATION CONTINUED:

SPECIFIC PLAN AMENDMENT SPA13001
I Circulation
I
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The Section 30 Master Circulation Plan was prepared t o satisfy General Plan Circulation Element Program 9. B, which directs the City to address existing circulation issues within this section of the city. The proposed master plan would also supersede roadway design set forth in a Specific Plan previously prepared on the east half of this section . The Section 30 Master Circulation Plan was last revised in 2004 with t.he development of the Versailles neighborhood; a realignment of Via Josephina was needed for the final design of that project . The roadways which will be affected by the proposed development are Via Josephina and Via Florencia (currently unimproved along its entire length).

The Section 30 Master Circulation Plan shows Via Florencia extending eastward from its western terminus at Landy Lane to a point which lies approximately 600 feet west of Monterey Avenue (see Exhibit 1) . The road then turns north and continues to an endpoint at the Ginger Rogers alignment; the length of this segment is approximately 4,900 feet (.94 miles). Via Josephina, a local street running north - south, is intersected by Via Florencia ±,1 , 350 feet ( . 25 miles) north of its intersection with Via Marta and ±660 feet south of its intersection with Ginger Rogers Road; the proposed realignment takes place at this location .

The proposed realignment will benefit existing and future residents alike. Under the current plan there is a five acre parcel of land, APN 685-110-014 which is owned by Peter Solomon that does not have street access. This issue surfaced recently during the processing of TTM36621 which was approved by Council July 31, 2014. The parcel in question lies just east of the existing equestrian facility that lies to the immediate north of the proposed project. Access to the landlocked parcel is currently being taken through the equestrian facility itself, but future changes in ownership may prohibit the continuance of this agreement. The applicant's proposal offers a solution to this problem by shifting Via Florencia to the north approximately 300 feet (see Exhibit 2). The new alignment will move Via Florencia t o the southern border of the equestrian facility and will extend from Via Josephina eastward approximately 1,300 f e et at which point it will meander south to its original alignment. The proposal will offer street access to the equestrian center and landlocked parcel alike.

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Another benefit to the proposed realignment is the buffer it will create between the equestrian facility and future occupants of this project. Under the current configuration future homeowners would share a property line with the equestrian center which could potentially lead to noise, smell, dust and other issues which are common to such facilities. By shifting the road to the north it would ensure a 60 foot buffer between the equestrian facility and any future property.

If the project were to develop per the existing circulation plan it would be segmented into three separate neighborhoods, two on the north side of Via Florencia and one on the south. The proposed design creates two neighborhoods, the larger of which is comprised of 64 lots. The applicant is proposing to take on all land dedications and improvements, including landscaping, as it pertains to the public street section of Via Florencia, and as proposed the project maintains the original intent of the Section 30 Master Circulation Plan.

One-Way Street
There are no guidelines for the development of one-way streets in the City's Municipal Code. As seen on the large map exhibit the applicant is proposing a one - way "eyebrow" street which will serve the four large lots opposite the project's main entry (Lots 79 - 82). Future residents will access this road from its eastern intersection with Via Florencia and will travel westbound along its length. A substantial landscape buffer, complete with two groupings ot California Fan Palms and desert appropriate shrubs will separate this one-way street from Via Florencia. A benefit of this configuration is the added safety and privacy that is created for the four lots that will be located on the north side of the street. The eyebrow street is proposed to be 20.5 feet in width, and Staff is recommending that it be constructed entirely of pavers (see Condition of Approval #22) The Public Works department will work with the applicant in determining the street's final design.

Senate Bill 18 (SB18)
All general plan and specific plan amendments require consultation with California Native American tribes before the adoption of such amendments. The Native American Heritage Commission was contacted for a list of tribal governments with traditional lands or cultural places located in the vicinity of the project area; eight tribal governments were identified through this process. A AGENDA ITEM#
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Request for Comments was sent to each tribal government on October 2, 2013. There is a 90 day commenting period for such requests, and said commenting period expired on January 3, 2014. Comments were received from the Agua Caliente Band of Cahuilla Indians on October 16, 2013 requesting the inclusion of three Conditions of Approval. The ~onditions have ' been added to this staff report and have also been inserted as mitigation measures in the Mitigated Negative Declaration which was prepared for this project. No other tribal comments were received regarding this project.

FINDINGS
l
I
l. The proposed Specific Plan . I Amendment
detrimental to the public interest,
con_venience, or welfare of the City.
would
health,
not be
safety,

2. The proposed Specific Plan Amendment wciuld provide street access to a parcel that does not currently have it.

3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and there would be no potential significant negative effects -upon environmental quality and natural resources that would not be properly mitigated and monitored.

TENTATIVE TRACT MAP NO. 36620
Request and Background
The applicant is proposing to subdivide 33.74 acres of land into 82 residential lots. The project site exists within two different zoning districts: R-M (Medium Density Residential, 4 du/ac max) · and R-L-:2 (Very Low Density Residential, 2· du/ac max), Approximately 85% of the project lies within the R-M zone.

Lot Size
About 12 months after this project was submitted the City initiated a Zoning Text Amendment (ZTA14002) which sought to increase the minimum lot sizes in the R-H, R-M, R-L-2 and R-L-3 zones. The second reading of ZTA14O02 will take place on November 6, 2014 and the new standards ·will take effect 3 O days after that date, provided it is approved, . Due to the fact that the subject application was submitted well b'efore ZTA14002 the applicant will not be required to meet the new standards; however, in order to A GENOA ITEM#
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create a project that is more consistent with the City 's long term development goals the applicant has increased the minimum lot size in the R-M zoned portion of the project from 8,000 square feet to 9,000 square feet. The Section 30 Subcommittee reviewed this proposal on three separate occasions and was satisfied with the final design of the tract.

Proposed lot sizes vary from 9,057 to 19,101 square feet. Lots 2 - 9 exist within the five acre portion of the project which is zoned R-L - 2 and average 15,490 square feet; this portion of the site lies at the project's northwest extent. Typical five acre subdivision designs in the R-L-2 zone yield B - 9 lots; this project proposed eight lots in the R-L-2 zoned portion of the site. Lots 1 and 10 are zoned R-M, but act as entry lots to the R-L-2 zoned cul-de-sac. These two lots have been designed for consistency with the other R-L-2 zoned lots and measure 15,947 and 15,990 square feet respectively. Density in the R-L-2 zoned . portion of the project is 1.6 du/ac. The average lot size in the R-M zoned portion of the project is 11,094 square feet and the density for this area of the project is 2.6 du/ac. The average lot size for the entire project is 11 , 523 square feet, and the overall density is 2.4 du/ac; maximum build - out of this site would allow a density of 3.7 du/ac.

The southern boundary of the project abuts an existing residential subdivision commonly known as Versailles. The zoning
classification for the Versailles development is R- L- 3 (Residential Low Density, 3 du/ac max). The minimum lot size for the R-L-3 zone is 10,000 square feet; however, as previously mentioned, ZTA14002 seeks to change the minimum lot size in the R­ L-3 zone to 12,000 square feet. At the direction of the Section 30 Subcommittee the applicant designed the boundary lots to be more consistent with the existing lots in the Versailles neighborhood. The proposed lots average 12,254 square feet along this common boundary which is 74 %- as large as the lots on the Versailles side of the wall.

Due to the size of this project a Preliminary Development Plan (PDP) shall be required for the future development of the houses.

Single family permits may be considered in the R-L-2 zoned portion of the project as well as for Lots 79 - 82 as shown of the map exhibit (see Condition of Approval #2).

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Setbacks
Setbacks for the R-L-2 and R-M zone mimic each other with the exception of the front yard dimension; the requirements are listed in the table below.

R-L-2 R-M
Front 25' 20'
Rear 25' 25'
Side 10' 10'
Street Side 15' 15'
*17.08.020 Residential districts general development standards.

The front yard setback for the R-M zone is 20 feet I while the requirement for the R-L-2 zone is 25 feet. The applicant will maintain the 20' setback requirement in the R-M zone, but would 1 ike to make a soft transit ion from 20' to 25' where the zone changes to R-L-2. Staff feels that the request is appropriate based on the fact that the zone change occurs within the gated community approximately ¼ of the distance into the corresponding cul-de-sac. The map exhibit displays the correct setbacks as they relate to the different zoning districts, but the City will work with the future developer in creating an appropriate transition; the details of this transition will be solidified when a Preliminary Development Plan (PDP) is submitted for the development of the houses.

With the development of this prGject, the existing single family home which lies on the north side of Via Florencia will share a property line with three new lots. As seen on the large map exhibit Lots 79 and 80 will share their rear yards with the existing residence; the rear yard setback is 25 feet in this zone.

Lot 65 lies directly east of the existing residence, and is configured to share a side yard with said home. The required side yard setback is 10 feet; Staff is recommending that this setback be increased to 15 feet (see Condition of Approval #25).

Subdivision Design
The proposed layout of the subdivision map has been influenced largely by existing developments in the vicinity. The five acre parcel within the project site with the R-L-2 zoning is bordered to the south by an existing single family home which itself sits on five acres of land. The remainder of the southern boundary, as previously discussed, will abut an existing residential A GENOA ITEM#
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development called Versailles which was approved in December of 2001. The western boundary of the project lies adjacent to Via Josephina. The northern boundary is bordered by a five acre parcel which houses the aforementioned equestrian facility, another five acre parcel which supports a venue for outdoor events called "Western Town", and vacant land. The eastern boundary abuts vacant land.

Unique to this development is an existing single family home which will be engulfed on three sides with the development of this project. The home in question sits on 1.35 acres of land and is located approximately 1,176 feet (. 34 miles) east of Via Josephina. Three residential lots will neighbor the existing home: two on the east and one on the west. The two lots to the west will have rear yards that abut the existing property; the lot to the east will have a side yard that abuts the existing home.

The southern property 1 ine of the single family home will lie adjacent to the newly improved Via Florencia, and will be located 60 feet from any new residential lot in this direction. With the exception of the one aforementioned lot, the remainder of the existing home's east property line will be buffered by a new private street and landscaping. The closest new home in this direction will be approximately 85 feet away.

Streets
The street layout for the proposed subdivision consists of both public and private streets. Via Florencia will provide access to the entire project; this street is currently unimproved along is entire length. The 36 foot travel - way will be bordered on either side by a 19 foot parkway which is to include a multi-purpose trail -and landscaping. The requirements for the 19 foot parkway are unique to Section 30, and have been documented in the Section 30 Master Circulation Plan. The following paragraphs describe the project's proposed streets; the large map exhibit which accompanies this report can be used as a reference for this discussion.

All of the private streets within the development are to be 37 feet wide as measured from back-of-curb to back-of -curb. The six private streets that serve the development are accessed by two gated entrances. The main gate will provide access to 64 of the 82 residential lots, the secondary gate will provide access to 14 lots, and the one - way street will provide access to the remaining four lots. The project's main entry will be gated as shown on page 2 of the exhibit booklet. Approximately 105' exists between A GENOA ITEM#
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the street and the entry gates, allowing ample room for five vehicles to stack whilst awaiting entry into the development. The design of the entry is consistent :with those typically required by the Public Works Department and is appropriate for developments of this size.

Street Lot G (the private entry street) extends south nearly 400 feet from Via Florencia to a "T" intersection within the project.

Due to the fact that this is the main entry into the project this street will be upgraded with decorative pavers along its entire length. No lots take access from this street, and a substantial amount of open space, courtesy of two large retention basins, flank this travel way to further define the boulevard style treatment of the entry.

The east-west street that intersects street Lot G, labeled as Lot D on the map, provides the means for accessing the rest of the development. Approximately 160 feet west of street Lot G is another private street, labeled as Lot F, which extends north and terminates into a cul-de-sac bulb; thirteen lots are served by this street. Street Lot D continues west from this cul-de-sac approximately 260 feet at which point it turns north and terminates at a gate which will ailow residents to exit onto Via Florencia. This gate will be for emergency use and egress only; residents will not be able to enter into the development at this location. Approximately 140 feet south of this exit gate is another private street which extends westward, this street is labeled as Lot Con the map exhibit. As previously mentioned, the first two lots within this cul - de-sac lie within the R-M zone and the remaining lots exist within the R-L-2 zone. This makes up the western portion of the site.

Moving east approximately 1,150 feet along street Lot D from its intersection with the entry street (Street Lot G) is a segment of roadway with houses on either side. The street eventually turns north and terminates at another gate which will serve vehicles onto Via Florencia; this gate is to be an emergency and exit only gate similar to the one previously mentioned . Street Lot D provides access to 41 homes along its entire length. Rounding out the development is one final private street with its own entry gate; this cul - de-sac exists on the north side of Via Florencia at a location just east of the previously discussed single family home which currently exists in the area. This secondary entrance is consistent with the design of the main entry, and provides ample room for five cars to stack as they await entry into the AGENDA ITEM#
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development. This street is labeled as Lot M on the map and extends north from Via Florencia approximately 150 feet to a point where it turns east and continues another +450 feet to its terminus at the cul-de-sac bulb. Fourteen homes are served by this street.

The vast majority of lots are rectangular in nature and easily developable; however, there are a handful of lots that are more unique in design. Lots 31, 51, 55, 72 and 73 have all been designed as flag lots, but each of them has a developable area that would a l low for the construction of at least a 3,000 square foot home.

The street sections for both public and private streets have been included as part of the map exhibit. The typical design for public streets in Section 30 requires a 60 foot right-of-way which is to include a 36 foot roadway and 19 feet of parkway on either side of the street. All private streets will have a minimum distance of 37 feet between back of wedge curbs, and in locations where median islands are being proposed, there will be a distance of 50 feet between back of curbs; the travel ways in these locations will be 20 ½ feet in each direction with a nine foot median separating them. Both the Public Works and Fire
Departments have reviewed the street designs and found them to be satisfactory per City standards.

Drainage and Pad Elevations
The project is designed to collect and retain the drainage from the entire subdivision. As seen on the large map exhibit, drainage will be collected in seven retention basins that have been dispersed throughout the site. Retention Lots A and B are located in the R-L-2 zoned portion of the project, and lie on the nort.h and south sides of the cul-de-sac respectively. These two retention basins will collect runoff from Via Florencia as well as from all of the lots on this street (lots 1 - 10). Retention Lots A and Bare 9,535 and 9,353 square feet respectively and are just over 4' deep from their bottom to the water surface elevation.

Retention Lot E will also get some runoff from Via Florencia, but will mostly collect water that flows along street Lot D.

Retention Lot E will serve a total of 25 lots (11 - 17 and 47 - 64); this basin is 21,999 square feet in size and is 5' deep from its bottom to the water surface elevation.

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Retention Lots H and I flank either side of the entry street (street Lot G) and are the largest of all the retention basins.

These two basins are responsible for collecting water from Lots 18 - 26, 3 9 - 4 6, and surface runoff from street Lot D, the entry street, the one-way eyebrow street, and portions of the newly improved public street (Via Florencia) . These basins measure 24,279 and 30,911 square feet respectively and are just over two feet in depth from bottom to water surface elevation.

Retention Lot K is the last basin which is to be located on the south side of Via Florencia; as proposed this basin will be 7,324 square feet in size. This basin will collect water from residential lots 27 - 38, and surface runoff from the eastern portion of street Lot D and portions of Via Florencia. This basin will also connect to Retention Lot L to the north via underground pipes.

Retention Lot L lies at the end of the cul - de - sac which is located on the north side of Via Florencia (street Lot M) . This large basin (11,701 square feet) will serve the fourteen residential lots within this cul - de-sac as well as surface runoff from street Lots M, R and Via Florencia. In total, the retention basins take up a collective 105,567 square feet of area; this amounts to an open space area within the project site of 2.42 acres.

Pad Elevations
The proposed pad elevations are consistent with the existing topography of the land and will allow water to drain properly throughout the site. Pad elevations are highest near the main entry gate and tend to diminish in a radial pattern from this location . The pad heights for this development range from 313.50' at the project's northeast extent to 325.30' for Lot 80 which lies opposite the main entry.

As seen on the large map exhibit, the finished floor height for the existing single family home which is located on the north side of Via Florencia is listed at 323. 20 feet . The lot to the east which is to share a property line with this ex i sting home has a proposed pad elevation of 316. 50 feet. The two lots to the east which will border the existing home, Lots 7 9 and 80, have pad elevations of 325 .10 and 325. 30 feet respectively. The finished floors for the homes on these two lots will end up being between

2. 5 and 2. 7 feet higher than that of the existing single family home . Staff is recommending that the pad heights for these lots AGENDA ITEM#
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be limited to 323. 80 so that the finished floor heights for the future homes are only 12" above the existing home ( see Condit ion of Approval #22).

The single family home which fronts onto Via Joshephina, and lies just south of the R-L-2 zoned portion of this project has a finished floor elevation of 318.70 feet; this can be seen on the large map exhibit . Pad elevations for the new lots which will share a property line with the existing residence are between 315.30 and 317.90 feet. This existing home also shares its eastern boundary with two new residential lot (Lots 11 and 12), as well as Retention Lot E. Pad heights for Lots 11 and 12 are 319.10' and 318.30' respectively, which means the finished floor height for these future homes will be slightly higher than that of the existing residence. Staff is not concerned with the pad difference at this location due to the fact that the actual structure of the existing homes lies approximately 500' from this location.
a property line
of these newly
are below the
There are 19 lots (Lots 13 - 31) which will share
with the existing Versailles neighborhood. All
proposed lots will have pad elevations that
neighboring lots in the Versailles community.
newly created lots along the Versailles border
lower than that of existing adjacent homes.

On average, the
will be 2.23 feet
Utilities and Improvements
A will-serve letter for sanitation service has been provided, but water service is not currently available; comments from the Coachella Valley Water District read as follows:

CVWD has recently completed domestic water hydraulic modeling studies of other projects located in the Mission Hills area.

The hydraulic modeling studies show that there is no surplus capacity in the domestic water system for domestic water demand and fire flow requirements for new development .

However, CVWD is currently designing a 3 . 2 million gallon reservoir and a 3 6 - inch diameter transmission main to serve the Mission Hills area. It is anticipated that these
facilities will be complete by December 2015.

The issuance of water meters will not occur until after the abovementioned infrastructure is completed . Mitigation measures have been included in the project's Mitigated Negative Declaration A GENOA ITEM#
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which addresses this issue; the summary of the mitigation is risted below and has been added to the Conditions of Approval (see Condition #26):

No City
property
permits
until
shall be
the CVWD
issued Eor improvements upon
infrastructure is completed
said
and
operational, or until a "will-serve" letter from CVWD is submitted to the City.

This project will be required to underground the existing overhead utility lines and poles that traverse the site as required by Section 12.16 of the Rancho Mirage Municipal Code. This requirement has been added to the project's conditions of approval.

Sewer Lift Station Reimbursement
In 2003, Mr. Peter Solomon, representing Regency Homes during the construction of Versailles (Tract 29065), established a program to reimburse Regency Homes for working with the Coachella Valley Water District to install a $458,483.00 {estimated cost) sewer lift station that would benefit other properties to the north and west of his development (Council Resolution No. 2003-34). The resolution states: "That the service area for the proposed Lift Station is approximately 222 acres in addition to the 106 acres in Tract 29065." Five parcels within this project site are subject to the sewer reimbursement fee. Each lot, along with its respective fee, is listed in the table below.
·. Original APN, ' Current· ~PN' Fee
618-510-009 685-110-005 $5,685
618-510-010 685-110-006 $8,360
618-510-011 685-110-007 $3,344
618-510-012 685-110-008 $8,360
618-550-018 685-100-013 $8,360
. . Total
$34,109
A total of $34,109.00 of reimbursement fees need to be paid prior to any grading plan checks or other activities that would result in the issuance of City permits (see Condition of Approval #37).

Other Issues
California Fire Code requires a secondary access road be provided for dead end single access roadways that exceed 500 feet in AGENDA ITEM#
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length. To satisfy this requirement the applicant has chosen to construct an emergency vehicle access road along the project• s eastern border which will travel north to the Ginger Rogers alignment; at this location the emergency vehicle access road will turn east and terminate at Monterey Avenue. The terminus point of the emergency road will align with the existing intersection of Monterey Avenue and Dick. Kelly Road (Palm Desert side) . The location of the proposed emergency road is consistent with the public street layout for the Section 30 Master Circulation Plan.

The emergency road will be 20' in width and will be paved to the satisfaction of the Public Works Department. As build-out occurs adjacent to the emergency road developers will be required to construct the public street in a manner that is consistent with the City's applicable regulations and design guidelines.

Bollards shall be installed at a location deemed appropriate by the Planning Division in order to restrict public access onto the emergency road; they wi 11 need to be placed both at the project site as well as at the emergency road's intersection with Monterey Avenue. The bollards are to be outfitted with knox locks so that emergency service personnel can utilize the travel way, and the final location of these instruments must be approved by the Public Works Department as well as the Fire Department and are to be shown on the Final Development Plan (see Condition of Approval #27)
Landscape Plan
A summary of the landscape amenities is listed below, each of which will be described in detail in the paragraphs that follow:
• Interior tree lined streets
• Traffic calming devices
• Pavers at the project's entries and exits
• Pickleball court
• Half basketball court
• Dog park
• Accent trees in the cul-de-sac bulbs
• Boulevard style entry street
The applicant's landscape architect has provided a plan for parkway landscaping, entry gates and retention basins. Landscape plans for the individual lots will be required as part of a Preliminary Development Plan (PDP) submittal. A desert landscape AGENDA ITEM#
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plan has been chosen for the overall scheme, and a variety of climate appropriate vegetation will be employed throughout the site.

Entry
An entry detail can be seen on page 3 of the exhibit booklet. The retention basins which flank the main entry are substantial in nature and frame the entrance. Upon entering the subdivision, motorists will enjoy a tree lined boulevard which is complete with open space on either side and which has been upgraded along its entire length with decorative pavers. As the entry street meanders to its terminus point at Lot J, view of the Santa Rosa Mountains will be seen beyond Lot J which will house the mailbox clusters and which will be developed as a private dog park.

Trees
Section 17. 24. 040 of the Rancho Mirage Municipal Code (Landscape Development Standards) discusses the location and frequency of tree placement along public street frontages. The installation of street trees does well to upgrade the entire street scape. While most developers are sensitive to the local climate and often use many of the same species of tree, the frequency and grouping of said trees creates a uniqueness that is specific to each project.

project, and pages 4 and 5 show the streetscape plan at a larger scale so that the individual plant materials can be seen. The layouts on these two pages are typical of how the entire public street will be developed. Tr~P.s are to be planted at a rate of one per every 30 linear feet of street frontage; the applicant's design is consistent with this requirement. Although the frequency of tree plantings is appropriate, the minimum requirement for the size of the trees is deficient. Per the aforementioned section of the Code, projects that are more than one acre in size are to maintain minimum standards as described in the table below:
-'· • Project Area Over 1 Acre . '
30%, 36-inch box; and
Trees 50%', 24-inch box; and
20%, 15-gallon
Shrubs 60% 1 5-gallon; and 40% / 1-gallon
Groundcover 10% coverage within 1 year
* Table 3 -4 Minimum Sizes and Mix for Landscaping ( 17. 24. 04 O A GENOA ITEM#
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Landscape development standards)
Staff believes that 50% of the trees along the public street, and all of the trees which line the entry street, should be upgraded to 36n box selections so that a more formal and mature aesthetic is had. The final landscape plan shall denote the type and quantity of each plant material and shall also list the percentages as described above; Conditions 14 - 16 have been added to ensure these requirements are met.

The public street frontages will be adorned with five different types of tree. The two most prominent species are Acacia Aneura Mulga and Casuarina Stricta Beefwood; a total of 77 are proposed.

Washingtonia Robustas (Mexican Fan Palm) are also proposed along the street frontage, but comments from the ARB may prompt the applicant to replace these with Washingtonia Filifera. There are 67 Mexican Blue Palms (Erahea Armata} dispersed amongst the project, with 38 proposed along the public street frontages; the remaining 29 have mostly been located within the multiple retention basins. Three Palo Brea trees will be symmetrically placed at the main entry gate, but a total of 21 will be used throughout the site. Heritage Oak trees will line all of the interior private streets, with 64 being used in total. Floss Silk trees will be used in the three cul-de-sac bulbs as an accent to these terminus points. In addition to the plethora of trees being use within the subdivision landscaped medians will be installed at key locations for aesthetic relief and traffic calming purposes .

Aside from the multitude of trees there are a substantial of shrubs, succulents and vines proposed. The table
displays the most popular selections of these materials.

Cacti and Succulents
Blue Elf Aloe 1 Gal. 273
Red Yucca 1 Gal. 184
Agave Desmentiana 5 Gal. 103
Ground cove:r
Bush Morning Glory 1 Gal. 114
Shrubs
Gold Star Tecoma 5 Gal. 178
Fairy Duster 5 Gal. 144
Green Cloud Texas 5 Gal. 98
amount
below
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Ranger
Vines
Bougainvillea 5 Gal.

Gold Star Tecoma Vine 5 Gal.

There are 20 additional varieties of plant material
the project site along with decomposed granite,
approximately 25, ODO square feet of turf throughout
site.

49 34
proposed for
cobble and
the project
The two formal entrances to the project will be upgraded with interlocking pavers along with all of the cul-de-sac bulbs. All of the private cul-de-sacs will feature landscaped medians for improved street aesthetics.

Retention Basins
Plans for the seven retention basins have been included as part of the landscape exhibit. There are three basic designs for the retention basins: 1) Desertscape with no turf; 2) Desertscape with turf in the bottom of the basin; and 3) Desertscape with turf and recreational amenity. Retention Lots B, Hand K will have no turf; Lots A and L will have turf at their bottom; and Lots E and I will have recreational amenities. Retention Lot Eis located at the southwest corner of the project and will be outfitted with a pickleball court . A meandering walkway that is to be constructed of decomposed granite will usher users to a small turf area and will terminate at a paved seating area. The pickleball court lies just south of the turf area. The details of this area can be seen on page 5 of the exhibit booklet.

Retention Lot I, which can be seen on page 6 of the exhibit booklet, lies just east of the entry street. This large basin will have a fair amount of turf and will also house a half basketball court and playground equipment. Access to these amenities will be had by way of a meandering concrete pathway; a seating area will lie adjacent to the playground equipment.

Common Lot J
Common Lot J lies at the terminus of the entry street. The northernmost portion of this common lot will feature a circular driveway which is to be upgraded with interlocking pave rs. This driveway is proposed to be 13' wide; however, the City's Municipal Code requires a minimum one-way driveway width of 14 feet. The mailboxes will be clustered at this location due to its centrality within the project site, and residents will be able to utilize AGENDA ITEM#
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this small street for temporary parking while they retrieve their mail. The rest of this lot will be designed as a dog park. A concrete path will meander south from the circular driveway and will connect to a series of grassy areas and concrete benches.

The design of this area can be seen on page 7 of the exhibit booklet.

Streets
The entry street is to be constructed entirely of interlocking pavers, and with the large retention basins that flank this street this will truly become a grand entryway into the site.

Interlocking pavers have also been proposed at the entry to Street Lot M, which is the entrance to the cul-de-sac on the north side of Via Florencia.

Architecture Review Board
At their meeting on December 16, 2013, the Architectural Review Board (ARB) reviewed the landscape plan for the project. The following suggestions were offered during that meeting:
• Use a slump stone with sack finish (perimeter wall)
• Incorporate expansion joints every 20 feet (perimeter wall) • Consider switching certain plants (replace Robusta with Filifera)
• Explore making the eyebrow street private, one-way, and upgrading with pavers
• Include recreational amenities in the retention basin, which - will be gated at the owners' discretion

ENVIRONMENTAL DISCUSSION
The proposed project has been re,viewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration has been prepared and is on file in the Planning Division.

SUMMAR\".

The project has been designed to conform to all applicable ·zo ning regulations and has an overall density which is consistent with developments in the area. Special consideration ha~ been given to the type and degree of the Specific Plan Amendments that were recommended so that the project may function more appropriately as a single entity, but also for ~he _betterment of the City's goals AGENDA ITEM#
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for the eventual build - out of Section 30. The levels of amenities that have been included in this project ar~·what one would come to expect for a development of this size in Rancho Mirage. Staff is recommending the Planning Commission recommend project approval based upon the content, findings and conditions of approval in the staff report.

TENTATIVE TRACT MAP CONDITIONS OF APPROVAL - Special conditions (or portions thereof) for this subdivision are shown as bold.

I. GENERAL

1. All improvements shall conform to the provisions of the Rancho Mirage Municipal Code, Title 16, (Subdivisions), unless specifically modified by any of the following
conditions.

2. A Preliminary Development Plan Permit approval shall be obtained by the applicant prior to development of any
lot created by this subdivision.

3. The Tentative Tract Map approval shall be effective for two years following final action by the City Council. A Final Map mus t be approved by the City within this
specified time period or the Tentative Tract Map
approval shall become null and void unless the
expiration date for the Tentative Map is extended as
provided by Chapter 16.14 of the Rancho Mirage Municipal Code.

4. Adequate fire flow shall be verified by the applicant and shall be in place and functioning prior to issuance of any building permits.

5. The applicant shall comply with Chapter 9.60 of the
Municipal Code which requires disclosure in the sale of residential property.

6. The applicant shall ·comply with Chapter 15. 30 of the Municipal Code which requires maintaining security for
gated communities during construction .

II. PLANNING - PRIOR TO CITY COUNCIL APPROVAL OF THE FINAL MAP THE FOLLOWING CONDITIONS SHALL BE SATISFIED:

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. 7 . Within 5 days of · project approval the applicant shall .submit to the City of Rancho Mirage a check in the
amount of $2,181.25 for a filing fee related to the
Mitigated Negative Declaration; payment shall be made
out to The Riverside County Clerk.

8. Detailed plans of all walls, conforming_ to provisions of the Rancho Mirage Municipal Code in terms of materials, height, location and construction, shall bi reviewed and approved by the City and shall be shown on the Grading
Plan. · If retaining walls are installed, they shall be waterproofed with a City approved water proofing agent
at or below the surface of the earth to be retained.

9. Street names and addresses for the subdivision shall be submitted to the Planning Division and shall be subject to the approval of the City of Rancho Mirage.

10. A detail of the. entry area and all other gated access points, including landscape, architectural, and
dimensional information, shall be submitted for review
and approval by the Planning Division.

11. All . perimeter walls shall be designed with aesthetic relief. All top of wall elevations and adjacent finish
grade elevations for the project perimeter and entry
walls shall be subject to review and approval by the
Planning Division and City Engineer.

12. 13.

The applicant ~hall execute a wri~ten acknowledgment to the Planning Division stating acceptance of and
compliance with all of the Conditions of Approval for
this Tentative Tract Map and that the plans submitted
are in compliance with the Conditions of Approval and no modifications will be made to said plans without
approval of the Planning Manager or Planning Commission.

Landscape plans and installation schedules for all
public and private street parkway areas between any curb and the right of way line or perimeter wal 1, shall be
submitted to, and approved by the Planning Division.

The plans shall be submitted · as a Landscape
Documentation Package in accordance with Ordinance N~
836. The plans shall indicate topographical
information, plant species, sizes, location, and method AGENDA ITEM#
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14. of irrigation. The applicant/subdivider shall provide evidence that the landscape plan has been reviewed and
approved by the Riverside County Office of the
Agricultural Commissioner. Prior to release of bonds the project landscape architect shall submit written
verification that the landscaping has been installed per the approved landscape plan.
a. The "active"
relocated to
project site,
located along
retention basin amenities shall
a more central location within
and the "passive" amenities shall
the project's perimeter.

The proposed tree plantings shall adhere to
following minimum size requirements: 30% - 36" Box;
- 24" Box; 20% - 15 Gallon, and shall be denoted on
final landscape plan.
be
the
be
the
50%
the

15. 50% of the trees along Via Florencia shall be 36" box or larger aa approved by staff.

16. All of the trees that line the entry street (Street Lot G) shall be 36" box or larger ae approved by staff.

17. The multi-use trail shall continue across the landscaped median which separates Via Florencia from the one-way
"eyebrow" street.

18. 19.

20. Pursuant to Chapter 17.20 of the Rancho Mirage Municipal Code, locations, screening methods, or undergrounding of all electrical transformers, utility pads, cable TV and telephone boxes, and similar utility fixtures, shall be shown on the landscape plan.

A cultural resources inventory shall be conducted of the project area by a qualified archaeologist prior to
development.

The presence of an approved Native American Cultural
Resource Monitor (s) during ground disturbing activities (including archaeological testing and surveys) is
required, Should buried cultural deposits be
encountered, the Monitor may request that destructive
construction halt and the Monitor shall notify a
Qualified Archaeologist (Secretary of the Interior's
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21. '
Standards and Guidelines) to investigate and, if
necessary, prepare a mitigation plan for submission to
the State Historic Preservation Officer and the Agua
Cal~ente Tribal Historic Preservation Officer .
..

Copies of any cultural resource documentation (report
and site records) generated in connection with this
project shall be given to the Agua Caliente Band of
Cahuilla Indians Tribal Historic Preservation Office
(ACBCI THPO) •
2 2. Pad heights for Lots 7 9 and 8 0 shall be limited to 323.80' or lower in elevation.

23. The one way "eyebrow" street shall does'not have to be constructed entirely of decorative pavers, but the
pavers shall be integrated into the one-way street as an accent material. The final design shall be shown on the Final Development Plan and shall be approved by Staff.
a. THE EYEBROW STREET SHALL BE WIDENED TO 2 4 FEET AND
MADE TWO-WAY.

24. The two locations where Street Lot D intersects with Via Florencia _ shall be upgraded with decorative pavers.
a. THE APPLICANT SHALL ADD ANOTHER TRAFFIC CLAMING DEVICE TO ROAD D OF A DEISIGN TO THE SATISFACTION OF STAFF.
b. IF FEASIBLE AND AS LONG AS THE SOUTHERN LOTS ARE NOT

RAISED MORE THAN SIX INCHES IN HEIGHT, THE APPLICANT
SHALL MOVE LOT 46 TO LOT E.

25. The aide yard setback (west lot line) for Lot 65 shall be increased to 15 feet.

26. 27.

City permits shall not be issued for improvements upon
this property until the CVWD infrastructure is completed and operational, or until a "will-serve" letter from
CVWD is submitted to the City.

Bollards shall be installed at the east and south ends
of the emergency access road. The bollards shall be
contain knox locks so that emergency service personnel
can utilize the travel way, and the final location of
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the bollards must be approved by the Public Works
Department as well as the Fire Department and shall be
shown on the Final Development Plan.
a. THE APPLICANT SHALL MAINTAIN THE EMERGENCY ACCESS ROAD TO THE SATISFACTION OF THE STAFF IN PERPETUITY.

28. Landscaping shall be installed on both sides of Via Florencia to the satisfaction of staff.

III. PUBLIC WORKS - PRIOR TO ISSUANCE OF GRADING PERMITS FOR ANY

CONSTRUCTION UPON ANY LOT CREATED PURSUANT TO THE APPROVAL OF THE MAP, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:

FORMATION AND/OR ANNEXATION TO CFD

29. Pursuant to Ordinance ~485 the applicant shall provide evidence that formation of, or annexation to a
Communities Facilities District (CFD) No. 1 -Police and Fire services - to pay the City annually for public
service costs associated with this project has been
initiated. This requires the submittal of an
application fee, the preparation of a boundary map, and 6-8 weeks processing time. The applicant is advised to
begin the application process as soon as possible,
because the CFD annexation must occur prior to issuance of Building Permits.

STUDIES AND CALCULATIONS REQUIRED

30. The applicant shall submit a soils report, geological and hydrology studies, and hydraulic calculations, as
required by the City Engineer, prior to approval of the Final Map or Grading Plan, whichever occurs first.

SECTION 30 COLORED SIDEWALK

31. Plans for the required Section 30 colored sidewalk, in accordance with City standards, shall be submit: ted to the Planning Division and City Engineer and shall be
shown on the plan. The 6' wide meandering sidewalk shall have a medium broom finish 4" thick P.C.C (Poured in
Place Concrete) and shal 1 be constructed in accordance with City Standard 500. The color shall be Davis Co.
"Yosemite Brown" or approved equal. Where the sidewalk
or street improvement and landscape is located on
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private property, a public access easement shall be
provided and recorded, subject to the approval of the
City Engineer.

GRADING & DRAINAGE PLAN
32 . The applicant shall to submit a grading and drainage plan prepared by a licensed civil engineer. · The grading and drainage plan shall be consistent with all
conditions of approval associated with this subdivision map and any Preliminary Development Plan entitlements
issued for the subject project. The grading and
drainage plan shall conform to all city policies,
standards and regulations applicable to the project.

Should the project involve grading and drainage issues
· related to Coachella Valley Water District (CVWD)
facilities, written evidence of the District's approval shall be included with the submittal to the City of
Rancho Mirage.

STORMWATER RETENTION

33. The grading of the · project shall be designed such that all storm water · to the level of a 100 year frequency
storm; worst case of the 1, 3, 6, or 24 hour duration,
shall be retained on site. A Hydrology/Hydraulic
Report, in accordance with the Riverside County
Hydrology Manual, shall be submitted from a Registered
Civil Engineer, showing how starmwater is conveyed and
retained on - site.

STANDARD AGREEMENT FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS

34. The applicant shall execute and submit the City of
Rancho Mirage Standard Agreement for Construction of
Public Improvements for review and approval by the City Engineer and City Attorney.

STREET IMPROVEMENTS
35 . Street improvements shall be required as specified below. Plans for the ,construction of the required street improvements shall be designed by a California
Registered Engineer and approved by the City Engineer
prior to recordation of a Final Map. All street
construction shall be in conformance with these plans
and the City's adopted Road Improvement Standards.

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The developer shall furnish proof that any · Sewer and
Water Improvement Plans have been reviewed and approved by CVWD. The developer shal 1 furnish proof that the
Fire Marshal has approved the Water Plans and Street
layout for the project.

A.) Public Streets
Via Josefina
i. Right-of-way along Via Josefina at a width of 3 D
feet from centerline shall be dedicated to the
City of Rancho Mirage. An additional 7 foot
easement for the required Section'. 30 Colored
Meandering Sidewalk shal 1 be dedic;ated to the
City
ii. Curb and Gutter shall be· installed along the
project frontage with the curb face at 18 feet
from centerline. Asphalt paving shall b~ installed
along the pr_oj ect per City Standards.
iii. Plans for the required 6 foot wide colored
concrete meandering sidewalk per modified Standard
500 shall be submitted to the City Engineer, and
shall be shown on the landscape and plans and
shall be constructed along the frontage. A
sidewalk or alternative handicap accessible route
shall be constructed from the bikepath to the
project. Where the bikeway is located on private
property, a public access easement shall be
provided and recorded subject to approval of the
City Engineer.
iv.
v.

The engineering design of the entry way shall be
su);>j ect to the approval of the Planning Manager
and City Engineer.

Until such time as an alternative public storm
drain system or street surface drainage system can
be completed, this project must accept the
responsibility for absorbing the water from the
100 year storm street drainage along the project
frontage and the tributary area upstream. A
drywell/catch basin or inlet to the storm drain
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vi.
system shall be added at the southerly end of the
Via Josefina frontage, sized to handle the worst
case stormwater runoff from the half street along
the frontage. Any flow volumes from tributary
areas beyond this "frontage share" can be allowed
to overflow the catchbasin.

Landscape and irrigation plans for all public
street parkways and median islands shal 1 conform
to City standards and be submitted for review and
approval by the City Engineer and Planning
Division. Boulders shall not exceed 15" in height
within 3 feet of a public street curb. Canopy
· trees shal 1 be placed a minimum of 10 feet from
public street curb and a minimum of 3 from
sidewalks. Palm trees shall be placed a minimum
of 3 feet from public street curb with a minimum
. trunk height of 10 feet. Right of way lines shall
be shown on the final landscape plan.

Via Florencia
vii. Ri'ght-of-way along Via Florencia at a width of 30 feet from centerline shall be dedicated to the
City of Rancho Mirage. An additional 7 foot
easement for the required Section 30 Colored
Meandering Sidewalk. shall be dedicated to the
City.
viii.
ix .

Curb and Gutter shall be installed along
project frontage with the curb face at 18
.from centerline. Asphalt paving shall
installed along the project per City Standards.
the
feet
be
Plans for the required 6 foot wide colored
concrete meandering sidewalk per modified Standard
500, shall be submitted to the City Engineer, and
shall be shown on the landscape and plans and
shall be constructed along the frontage. A
sidewalk or alternative handicap accessible route
shall be constructed from the bikepath to the
project. Where the bike way is located on private
property, a public access easement shall be
provided and recorded subject to approval of the
City Engineer. Where both sides of the street are
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B.)
x.
xi.
within this development area, both sides shall be
developed with the 6' meandering colored concrete
sidewalk.

The engineering design of the entry way shall be
subject to the approval of the City Engineer.

Until such time as an alternative public storm
drain system or street surface drainage system can
be completed, this project must accept the
responsibility for absorbing the water from the
100 year storm street drainage along the project
frontage and the tributary area upstream .

Drywall/catch basins or inlets to the storm drain
system shall be added at the low points of the Via
Florencia frontage, sized to handle the worst ease
stormwater runoff from the half street along the
frontage. Any flow volumes from tributary areas
beyond this "frontage share" can be allowed to
overflow the catchbasin .
xii . Landscape and irrigation plans for all public
street parkways and median islands shal 1 conform
to City standards and be submitted for review and
approval by the City Engineer and Planning
Division. Boulders shall not exceed 15" in height
within 3 feet of · a public street cu r b. Canopy
trees shall be placed a minimum of 10 feet from
public street curb and a minimum of 3 from
sidewalks. Palm trees shall be placed a minimum
of 3 feet from public street curb with a minimum
trunk height of 10 feet. Right of way lines shall
be shown on the final landscape plan.

Private Streets/Parking Lots
i. Private street and/or parking lot paving shall
consist of a minimum of 3H A.C . paving over 4" of
compacted Class II aggregate base material. On
private streets and parking lots, and as may be
required by a condition of approval, decorative
concrete or other surfacing materials shall be
reviewed by Public Works for conformance to Public
Works standards.

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ii.
iii.

On private streets and parking lots, non-standard
curb and gutter maybe acceptable if the City's
standard drainage criteria is satisfied, and the
specific non-standard curb and gutter is approved
by the Department of Public Works.

Private streets within the project shall be
constructed with a minimum travel way of 36 feet.

Private street paving shall consist of a minimum
of 3" A.C. paving over 4" of compacted Class II
aggregate base material.

DEDICATION OF PUBLIC UTILITY EASEMENTS

36. A ten (10) foot public utility easement adjacent to the curb and gutter and edge of pavement shall be provided
by the property owner or subdivider for all public and
private streets, and for public streets where the public right-of-way is less than the required 10 feet.

DEDICATION OF DRAINAGE EASEMENTS

37. All easements for drainage facilities necessary to
accommodate the final approved Grading and Drainage
Plan shall be offered for dedication to the
appropriate serving agency. Such offer shall be
incorporated on the Final Map or as required by the
City Engineer.

SANITARY SEWER SYSTEM

38. A sanitary sewer system shall be required and shall be installed in accordance with the provisions established and set forth by the regulations of the Coachella Valley Water District, the Riverside County Department of
Public Health, and/or the regional Water Quality Control Board. All necessary sewer easements shall be provided.

Prior to check, or other activities that require
activation of permit numbers, the required $34,109 Sewer Lift Station Reimbursement shall be paid.

PARK FEES

39. Applicant shall pay all applicable parkland fees for the acquisition and/or development of community parks and
recreational facilities in those amounts in effect at
the time the grading permit is issued.

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Prior to Issuance of Grading Permits for any construction created pursuant t:o the approval of the Map, the following Conditions shall be satisfied:

LAQMP
40 . The applicant shall prepare a Local Air Quality
Management Plan (LAQMP) pursuant to Ordinance NQ 8 55,
Municipal Code Chapter 7 . 01. Said LAQMP shall detail
the project's potential impacts upon the air quality of the area and any necessary mitigation measures, and
shall be submitted to the Public Works Department for
review and approval prior to the issuance of the Grading Permit. For ease of preparing a LAQMP, the applicant
may contact the Public Works Department regarding use of the LAQMP worksheet. Projects over 10 acres shall also
submit the 8. 5xll format Dust Conti·ol Plan Required by the South Coast Air Quality Management District for
review by the City. At the time of payment of the
permit fees the developer shall submit a "dust control
deposit" of $2,000 per acre or alternative grading
security as approved by the City Engineer.

WQMP Condition
SWPPP

41. Per the criteria of the Whitewater River Region Storm Water Management Plan (SWMP), this project shall submit a Water Quality Management Plan (WQMP) for review prior to approval of the Final Development Permit and/or Final Subdivision Map. {See Appendix H of the SWMP for
details.) A Final WQMP shall be required prior to
permit issuance, with Recording of a Covenant, or other approved mechanism, establishing the WQMP as a Public
Record that shall apply upon occupancy, and continuing
forward, to all future operators/residents of the
project. Any approved design modifications that take
place during construction shall be documented and
incorporated into the Recorded WQMP Covenant prior to
occupancy.

42. l?rior to" issuance of Grading or Building Permits, the Property Owner shall submit the completed NOI form and
site plan with the appropriate fee, to the State Water
Quality Control Board for the General Construction
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Activity Storm Water Permit. Proof of submittal shall
be given to the City Engineer .

BLOWSAND MITIGATION PLAN

43. Since this project is located in an area that is subject to occasional high winds and migrating sand, the
applicant shall be required to submit a blowsand
mitigation plan prepared by a licensed civil engineer to the City Engineer for plan check and approval. The
blowsand mitigation plan shall identify the specific
measures and describe the specific procedures that will be implemented to adequately mitigate blowsand impacts
on all of the project's on-site and off-site
improvements. All improvements for blowsand protection
shall be depicted on the project's grading and drainage plan. In addition all marketing materials and CC&R' s
shall identify that the project is located within a
blowsand area

MSHCP FEE

44. Prior to issuance of grading permits, the applicant shall pay to the City the required Multiple Species
Habitat Conservation Plan (MSHCP) Fee.

CONSTRUCTION IMPROVEMENT AGREEMENT

45. The construction of all required public and private improvements, including but not limited to landscaping, sewer, water, curb and gutters, paving, drainage
facilities, and other required improvements shall be
completed prior to occupancy of any structure and/or the subdivider shall enter into an agreement, acceptable to the City, ensuring the construction of such improvements within eighteen (18) months of City Council approval of the Final Map.

Prior to final acceptance 0£ improvements by City Council and release of bonds the following conditions shall be satisfied:

WRITTEN VERIFICATION

46. Prior to release of bonds or financial guarantees, the applicant or his successor shall provide written
verification that the improvements have been installed
in accordance with the approved plans.

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AS-BUILT PLANS

47. A complete set of "As-Built" Grading, Sewer, Water, Landscaping, Street, Storm Drain and all other required improvement plans shall be submitted by the engineer of record for review and approval.

Prior to issuanae of Building Permits for any construction on the site, the following conditions shall be satisfied:

TUMF FEE
4 8. The applicant shall pay to the Building I Division the Transportation Uniform Mitigation Fee in E;!ffect at the time the Building Permits are issued.

LICENSE TAX FOR NEW CONSTRUCTION
DIF

49. The applicant shall
License Tax for New

3.28 of the Municipal
Study to mitigate the
facilities.
pay to the Building Division the
Construction pursuant to Chapter
Code and Capital Facilities Needs
impact of the development on said

50. The applicant shall pay the residential or commercial Development Impact Fees as a reasonable and proportional share of the cost of public, facilities and
infrastructure improvements that serve or will benefit
the project in accordance with Chapter 3.29 of the
Rancho Mirage Municipal Code.

PAD CERTIFICATION

51. Prior to release of Building Permits, a Pad
Certification submitted from a Licensed Land Surveyor or Civil Engineer, attesting to the elevation matching the rough grade pad elevation shall be submitted to validate the rough grading completion.

COMPACTION REPORT

52. Prior to
for the
submitted
buildable
relative
the release of Building Permits, the Lot ( s)
building(s) shall have a compaction report
from a Geotechnical Engineer attesting to the
pad being compacted at least 90% of maximum
density. If any over-excavation, or slopes
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steeper than 2: 1, are needed for the building pad, a
Geotechnical Engineer shall submit a document attesting to the acceptability of this non-standard earthwork in
accordance with the recommendations of the preliminary
soil rep'?rt.

Prior to occupancy of any unit in an approved Development Plan, the following Conditions shall be satisfied:

UNDERGROUND UTILITIES REQUIRED

53. All existing or proposed Imperial Irrigation District, General Telephone, CATV, or other overhead service
facilities, shall be installed underground in accordance with the provisions of Section 12.16 of the Rancho
Mirage Municipal Code. · The undergrounding installation of all existing or proposed overhead distribution
utility lines shall be completed and/or appropriate
guarantee arrangements shall be entered into for any
structure constructed pursuant to this approval as
required by the City Engineer. Such guarantee
arrangement shall be approved by the City administrative staff and the City Attorney and shall include the
posting of improvement security adequate to secure the
periphery of the subject property; and as identified
above and as required in Section 12 .16 of the Rancho
Mirage Municipal Code.

IMPROVEMENTS COMPLETED PRIOR TO OCCUPANCY

54. Prior to occupancy, the construction of all required public improvements, including but not limit'ed to sewer, water, curb and gutters, paving to join, storm water
drainage facilities, and other required utility
improvements shall be completed.

CVWD LETTER
IV.
5 5. Prior to occupancy, if applicable, a letter from
Coachella Valley Water District shall be submitted
stating that all the district fees have been paid and
all requirements have been met for development.

CITY ATTORNEY - PRIOR TO CITY COUNCIL APPROVAL OF THE FINAL MAP, THE FOLLOWING CONDITI9NS SHALL BE SATISFIED:

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56. The applicant shall submit documents for recordation which clearly prohibit installation of improvements in
the common area by individual homeowners or documents
which allow and govern installation of such improvements within the identified common area 's. The documents shall be subject to approval of the City Engineer, Community
Development Director and City Attorney.

57. The subdivider shall submit to the City a Declaration of Covenants, Conditions and Restrictions (CC&Rs) which
shall demonstrate, t~ the satisfaction of the City
Attorney that the entire project will be developed and
maintained in accordance with the intent and purpose of the approval. The approved documents shall be recorded
concurrently.

58. The CC&Rs shall be submitted to the City for review and shall contain provisions for a Homeowners' Association, with the unqualified right to assess owners of
individual units for reasonable maintenance costs to

59. 60.
common areas and improvements. The Homeowners' ,
Association shall have the right to lien units of the
owners who default in the payment of any assessment so
provided. Any deed of trust recorded prior to said ·
CC&Rs shall be subordinated to the CC&Rs. Any 1 ien
imposed shall not be superior to any lien for property
taxes or government . assessments. The CC&Rs will be
clearly marked to identify those sections addressing the Conditions of Approval.

The project CC&Rs shall incorporate a provision
requi~ing each individual residence be constructed in a manner to provide for two covered parking spaces within an enclosed garage.

Permittee shall defend, indemnify and hold harmless the City, its agents, officers, and employees from any
claim, action, or proceeding against the City or its
agents, officers, or employees to attack, set aside,
void or annul this permit approval. The City shall
notify the permittee of any claim, action or proceeding and the City shall cooperate in the defense. If the
City fails to notify the permittee of any claim, action or proceeding, the permittee shall not thereafter be
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v.
responsible to def end, indemnify, or hold harmless the City.

61. The permittee shall reimburse the City for any court and attorney ' s fees which the City may be required to pay as a result of any claim or action brought against the City because of this grant. Although the permittee is the
real party in interest in an action, the City may, at
its sole discretion, participate in the defense of the
action, but such participation shall not relieve the
permittee of any obligation under this Condition.

62. The CC&Rs shall contain a provision
satisfaction of the City Attorney, the
law enforcement agencies to enforce
restriction on the private streets.
insuring to the
ability of public
the "No Parkingu

63. A landscape and maintenance covenant approved as to form by the City Attorney shall be prepared and recorded in
the Office of the Riverside County Recorder to assure
continued maintenance of on-site and off-site required
landscaping and integrated architectural features by the property owners or other liable entity.

CONTRACT SPECIALIST - Prior to issuance 0£ Building Permits the following Condition shall be satisfied:

MAINTENANCE OBLIGATIONS

64. The current and future property owner(s ) shall be
responsible for maintaining in compliance with all City standards for the same, the on-site and off-site
landscaping and integrated architectural features
required by this entitlement. Landscape maintenance
shall consist of regular watering mowing, pruning,
fertilizing, clearing of debris and weeds, and the
removal and replacement of irrigation systems, in
compliance with all relevant and applicable provisions
of the Rancho Mirage Municipal Code. Integrated
architectural features must be kept in a manner which
maintains the desirability of the immediate area and
neighboring areas and respects the harmonious
relationship with existing and adjoining developments.

Due regard for preservation of each feature and its
intended irrigation with surrounding landscaping,
AGENDA ITEM#
5-192
I
I
I
DATE December 4, 2014 Page 40 or 43
JUSTIFICATION OR INFORMATION CONTINUE0:
buildings, structures, screening and signs is required.

All features must be maintainE;!d' in a manner commonly accepted by professionals who are experts in the care
and preservation of each particular type of feature. A
covenant to assure continued maintenance of on-site and off-site required landscaping and integrated
architectural features by the current and future
property owriers or other liable entity, consistent with the terms and provisions of this condition of approval, shall be prepared in a format approved by the City
Attorney and recorded in the Office of the Riverside
County Recorder against all parcels created with this
subdivision and any subsequent amendments th~reto.
. I
a. The applicant shall enter into an agreement with the Versailles HOA regarding common wall maintenance, and
said agreement ehall be included in the project's
Conditions, Covenants and Restrictions (CC&Re).

VI. FIRE MARSHAL - PRIOR TO ISSUANCE OF FINAL MAP OR FINAL

DEVELOPMENT PLAN WHICHEVER OCCURS FIRST THE FOLLOWING
CONDITIONS SHALL BE SATISFIED:

65. The following fire protection measures shall be provided in accordance with City municipal Code. NFPA, UFC and
UBC or any recognized Fire Protection Standards.

Conditions are subject to change with adoption of new
codes, ordinances, laws, or when building permits are
~ not obtained within twelve months. For questions
regarding the following fire protection conditions, call the Fire Marshal's office at 760/346-1870. ! ·

66. 67.

I
The fire department requires the following fire
protection measures be provided in accordance with the
City of Rancho Mirage Municipal Code, 2002 NFPA
standards, 2001 California Building and Fire Codes and
or any other nationally recognized Fire Protection
Standards. The Fire Department shall set the minimum
fire , flow for the remodel or construction of all
buildings per California Fire Code article 87 and
Appendix III A.

The applicant shall provide a fire flow of 1500 gpm for a 1-hour duration at 20 psi residual pressure from a
permanently installed Fire Hydrant before any
AGENDA ITEM#
5-193
I
I
I
DATE December 4, 2014 · Page 41 of 43
JUSTIFICATION OR INFORMATION CONTINUED:
combustible material is placed on the job site.

68. The applicant shall provide proof the existing water system is capable of providing the minimum necessary gpm flow for 1500 gpm for single family dwellings prior to
any project approvals.

69. The applicant shall provide the required fire flow from a permanent wet Barrel Super Hydrant with 1-4° and 2-2 ½ "discharge outlets located not less than , 25' and nor
more than 200' from any portion of a iingle family
dwelling measured along a vehicular travel tway prior to any building permit approvals. i

70. The applicant shall submit water plans to! be reviewed and approved by the Fire Marshal and include
verification that the water system is ' capable of
providing the required fire flow.

71. ··The 'applicant shall install an all weather fire dept. accessible roadway extending to any po.rtion of a
building where as a 150' hose lay can be utilized for
the inaccessible building perimeter. Construction type
of the same shall be approved by the Fire Marshal and be rated for 80, 000 lbs. Turf Block wil 1 not be accepted.

Fire lane access roadway minimum width is 20'and height clearance is 13' 6". Public roadway minimum unobstructed width is 36' with parking on both sides. A Fire
Apparatus Turn around shall be provided for dead end
streets in excess of 150' in length with approved -cul- de-sac or hammer head dimensions. 1

72. Knox access devices shall be provided as foilows:

73. 74.
i. A Knox Key Switch for every motopized gated
entrance. 1
ii. A Knox Padlock for every manu~l gated eritranc_e.

Minimum gate width shall be 16' and min:tmum apparatus
height clearance shall be 13' 6" for gated entrances.

Condit ions are subject to change with adopt ion of new codes, ordinances, laws or when building permits are not obtained within twelve months .

Additional conditions will be addressed at formal review of the building construction plans. These conditions
AGENDA ITEM#
5-194
I
I
I
DATE December 4, 2014 Page 42 of 43
JUSTIFICATION OR INFORMATION CONTINUED:

VI.
can only respond to the preliminary plans reviewed.

MISCELLANEOUS - PRIOR TO ISSUANCE OF FINAL MAP

DEVELOPMENT PLAN WHICHEVER OCCURS FIRST THE
CONDITIONS SHALL BE SATISFIED:

Mitigation IV (a) 3.

This mitigation measure may be modified if a
received from the biologist who conducted the
Assessment which either alleviates said mitigation
offers an alternative method of mitigation.

OR FINAL

FOLLOWING
letter is
Biological
measure or

FINDINGS

1. The proposed map is consistent with the City's General Plan as specified in Section 65451 of the California
Govern~ent Subdivision Map.Act.

2. The design or improvement of the proposed subdivision is consistent with the City's General Plan and Zoning
Ordinance.

3. 4.

5. 6.

7. The . site · is physically suitable for the type of
development.

The site is physically suitable for the proposed density of development, as conditioned.

The design of the subdivision is not likely to cause
I
substantial environmental damage or substa .ntially and avoidably injure fish or wildlife or their habitat.
. I
The design of the subdivision is not likely to cause
public health problems. I
The design of the subdivision will not ~dnflict with
easements, acquired by the public at large,
1 for access
I
th~ough or use of; property within the proposed
subdivision . In this connection, the City :council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This Finding shall apply only to
easements of record or to easements . established by
judgment of a court of competent jurisdiction and no
AGENDA ITEM#
5-195
I
I
I
DATE December 4, 2014 Page 43 of 43
JUSTIFICATION OR INFORMATION CONTINUED:
authority is hereby granted
determine that the public
easements for access through
the proposed subdivision.
to the City Council to
at 1a·rge has acquired
or use of property within

8. The incremental impacts of the project on service system capacities are mitigated by the dedications and public
improvements required within the Conditions of Approval requiring all necessary dedications and public
improvements to be in accordance with the City's adopted General Plan.
1 9. The City finds that development is not a maiter of right and that reasonable contributions to the aesthetic I.
quality of the City are reasonable exactions that
contribute to the general public good. In addition,
contributions to median islands, traffic signals and
other public improvements protect the general health,
safety and aesthetic values of the City. As a result,
ihis project would not be approved but for the
conditions and exactions imposed to further these
legitimate public concerns.

10. Adequate water flows does not currently exi~t. The ~ap may not be recorded until CVWD confirms adequate
infrastructure is in place and operational to service
the subject site.

Attachments:

1. Section 30 Master Circulation Plan - Existing

2. Section 30 Master Circulation Plan - Proposed

3. Mitigation Monitoring Program

4. Aerial photograph

5. 11" X 17" Site Plan
AGENDA ITEM#
5-196
Table
4-1
Mitigation
Monitoring
Program
Impact Number I (a)
1 ill(a)
1 Impact Aesthetics
,
maintenance Air
Quality
Responsible Party Deve
loper
Developer
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
Impact
After
I Approval
by:

The
6 foot
wide
multi-purpose
trail
located
within
the
19 foot
wide
parkway
shall
have
a
medium
broom
finish
4"
thick
P.C.C
(Poured
in
Place
Concrete).

The
color
shall
be
Davis
Co
. "
Yosemite
Brown"
or
approved
equal.

The
multi
-purpose
trail
shall
be
installed
on
the
east
side
of
Via
Josefina,
the
north
and
south
sides
of
Via
Florencia
and
the
west
side
of Via
Florencia
where
it
turns
north
.

Mitigation Less
than
significant
A
plan
to
control
fugitive
dust
through
I Less
than
imp
lementation
of
reasonably
available
dust
significant
control
measures
shall
be
prepared
and
submitted
to
the
City
of
Rancho
Mirage
for
approval
prior
to
the
issuance
of
any
grading
permits
associated
with
the
project.

The
plan
shall
specify
the
fugitive
dust
control
measures
to
be
employed.

The
project
proponent
shall
comply
with
all
applicable
SCAQ1\1D
Rules
and
Regulations
including
but
not
limited
to
the following:
a.

Rules
403
and
403.1
(Fugitive
Dust)
specifies
control
measures
for
use
in
developing
site
specific
fugitive
dust
control
plans
to
minimize
blowing
dust
from
construction
sites
and
insure
the
clean
U£
of
Page
71 LJ
City
Public
Wo
rks
Departm
en
t
D
eity
Public
Wo
rks
Department □
AQMD
5-197
Impact
Number
ill (a) 2
III (a) 3
Impact
Air Quality
Air Quality
Responsible
Party
Developer
Developer
TIM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure
construction related dirt on approach routes
to the site including: watering measures,
chemical stabilizers, wind fencing, covering
haul vehicles, bed liners in haul vehicles,
wheel washers and high wind measures;
b. Rule 1113 (Architectural Coatings)
restricts the voe (Volatile Organic
Compound) content of any architectural
coating materials used on-site to a maximum
of 2.08 pounds of VOC per gallon.

Earth -moving actJ.v1t1es shall be suspended
during first and second stage ozone episodes
or when winds exceed 25 MPH per the
Coachella Valley PMlO State
Implementation Plan and SCAQMJ) Rule
403.1.

The following watering techniques shall be
employed to partially mitigate the impact of
construction-generated dust particulates:
a. Pre-grading site watering (irrigation
system for minimum of 72 hours);
b. Site watering 7 days a week
(irrigation system, minimum of 4
times per 24 hours, or by water
trucks, minimum 4 times per 24
hours, at 1 truck/8 acres);

Impact After I Approval by:

Mitigation
Deity Public Works
Departmen t
□AQMD
LJc; ty Public Worlcs
Departme nt
□AQMD
5-198
Impact Number
Impact
Responsible Party
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
c.

Perimeter
sprinkler
system
(all
sides
continuous
night
watering
when
windy);
d.

Portions
of
the
project
site
that
are
undergoing
earth
moving
operations
shall
be
watered
such
that
a crust
will
be
formed
on
the
ground
surface
and
then
watered
again
at
the
end
of
the
day,
as
part
of
the
constructions
specifications
.

Control
methods
are
provided
in
detail
in
the
Dust
Control
Plan
Review
Guidance
for
Local
Government"
from
the
South
Coast
Air
Quality
Management
District
,
available
from
the
City
of
Rancho
Mirage
or
the
S.C.A.Q
.M.D.;
e.

Any
construction
access
roads
should
be
paved
as
soon
as
possible
and
cleaned
after
each
work
day.
·
The
maximum
vehicle
speed
limit
on
unpaved
road
surfaces
should
be
15 mph;
f.

All
trucks
should
maintain
at
least
two
feet
of
free
board;
g.

Trucks
hauling
dirt,
sand,
soil
or
other
loose
dirt
material
off-site
should
be
covered
and
washed
off
before
leaving
the
site;
h.

Adjacent
streets
should
be
swept
if
Page
73 Impact
After
I Approval
by:

Mitigation
5-199
Impact Number ID(c)
1 Impact Air
Quality
Responsible Part_r Developer
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
Mitigation
Measure
silt
is
carried
over
to
adjacent
public
thoroughfares;

1. As
part
of
the
construction
specifications,
any
vegetative
ground
cover
to
be
utilized
on
-site
shall
be
planted
as
soon
as
possible
to
reduce
the
disturbed
area subject
to
wind
erosion.

Irrigation
systems
needed
to
water
these
plants
shall
be
installed
as
soon
as
possible
to
maintain
the
ground
cover
and
minimize
wind
erosion
of
the
soil;
j.

Construction
operations
affecting
off­
site
roadways
shall
be
scheduled
for
off-peak
traffic
hours
and
shall
minimize
obstruction
of
through­
traffic
lanes
.

Prior
to
the
issuance
of
grading
permits,
the
property
owner/developer
shall
include
a
note
on
all
grading
plans
which
requires
the
construction
contractor
to
implement
the
following
measures
during
grading.

These
measures
shall
be
discussed
at
the
pregrade
conference
.
a.

Use
low
ennss1on
mobile
construction
equipment.
b.

Maintain
construction
equipment
engines
by
keeping
them
tuned.

Page
74 Impact
After
I Approval
by:

Mitigation
Deity
Public
\Vorks
Department
5-200
Impact
Number
N (a) 1
Mitigation
IV (a) 2
Impact
Biological
Biological
Responsible
Party
Developer
Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure
c. Use low sulfur fuel for stationary
construction equipment.
d. Utilize existing power sources (i.e.,
power poles) when feasible .
e. Configure construction parking to
minimize traffic interference .
f. Minimize obstruction of through ­
traffic lanes. When feasible,
construction should be planned so
that lane closures on existing streets
are kept to a minimum.
g. Schedule construction operations
affecting traffic for off-peak hours.
h. Develop a traffic plan to minimize
traffic flow interference from
construction activities (the plan may
include advance public notice of
routing, use of public transportation
and satellite parking areas with a
shuttle service 2-
Mitigation for impacts to these species is
accomplished through the payment of a fee to
the City of Rancho Mirage. Fees vary
depending upon the use to which the land is
put, acreage and density. Contact the
Coachella Valley Association of
Governments to determine current fees.

A preconstruction survey should take place at
least 30 days prior to project grading to

Impact After I Approval by:

Mitigation
□ City Building and
Safety Department
D City Public Works
5-201
Impact Number Mitigation N
(a)
3 Mitigation N
(a)4
Mitigation IV
(a)
5 Impact Biological Biological Biological
Responsible Party Developer Developer Developer
TTM
36620
/ EA
130006
/ SPA
13001
May
6,
2014
f l\fitigation
Measure
determine
the
location
of
active
burrows
on
and
within
550
yards
of
an
approved
project
site.

If
no
active
burrows
are
found
in
the
survey
area
grading
may
commence
providing
a biological
monitor
is
onsite.

A
biological
monitor,
with
the
authority
to
halt
or
redirect
grading,
should
be
present
whenever
grading
or
construction
vehicles
are
present
and
operating
on
an
approved
project
site
. The
function
of
the
monitor
is
to
protect
burrowing
owls
that
arrive
on
or
near
the
project
site
after
the
clearance
survey
and
during
the
construction
p~riod.

The
breeding
season
of
the
western
burrowing
owl
is
from
February
1 through
August
31 of
each
year
.

No
construction
disturbances
of
any
kind
should
occur
within
500
meters
(550
yards)
~fan
active
burrow
during
this
time
period
.

Thus,
on
a
project
site,
grading
should
take
place
from
September
1 through
January
30 of
each
year
to
avoid
restriction
or
cancellation
of
grading
because
of
the
presence
of
burrowing
owls
during
the
breedin_g
season
.

Resident
owls
present
on
or
near
the
project
site
outside
the
breeding
season
can.
in
some
instances,
be
relocated
to
other
sites
by
a
permitted
biologi
st und
er the
authorization
of
the
California
Department
of
Fish
&
Page
76 Impact
After
I Approval
by
:
l\fitigation
Department 0
City
Public
Works
Department 0
City
Public
Works
Department D
Development
Services
Director
□
California
Department
of
Fish
&
Game □
U.S.Ftsh&
5-202
Impact Impact Responsible
Number Party
Mitigation Biological Developer
IV (a) 6
Mitigation Cultural Developer
V (b) 1
Mitigation Geology Developer
VI (a) I
Mitigation Hydrology and Developer
IX (b) 1 Water Quality
Mitigation Public Services Developer
TTM 36620 / EA 130006 / SPA 13001
May 6, 2014
Mitigation Measure Impact After Approval by:

Miti,:!ation
Wildlife . Wildlife Service
Breeding surveys should be conducted 30 D Development
days prior to any construction activitie s that Services Director are planned between February 15 and June □ California
Departm ent of Fish &

15. If a nest is found, a buffer should be Game
established in whlch construction activities □ U.S,Fis h& are prohibited until all young have fledged, Wildlife Service The width of the buffer should be determined
by a qualified biologist.

Upon the uncovering or other discovery of □ City Plannin g artifacts or cultural resources during Department
construction activities associated with the
project's development, all construction on
the site shall be halted, and a qualified
archaeologist shall be called to the site to
identify the resource and recommend
mitigation in the event of the resource's
cultural significance.

During site grading and construction work, LJuty Public Works the recommendations noted 1Il the Depllrtment
Geotechnical Investigation Report by
Sladden Engineering shall be complied with.

The elements and actions described in the D Coachella Valley Water Management Plan shall be Water District
incorporated into the design of this
development to reduce its negative impact on
the Coachella Valley groundwater basin.

Participation 1Il Community Facilities Deity Public Works