CC08 — Rancho Mirage City Council, July 20, 2023 (part 1 of 6)

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Rancho Monterey Specific Plan Amendment
Project Site
ATTACHMENT 1
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Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
Phone 760/328-2266

P U B L I C H E A R I N G N O T I C E

CITY COUNCIL REGULAR MEETING
Thursday, July 20, 2023 – 1:00 p.m.

Rancho Monterey Specific Plan Amendment
Environmental Assessment Case No. EA22-0001, General Plan Zoning Map Amendment Case No. GPZMA22-0001, Specific Plan Amendment Case No. SPA22- 0001.

Applicant: MSA Consulting
Request: The Rancho Monterey Specific Plan Amendment project site occupies approximately 35 acres of vacant undeveloped land west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment.

The project is within the boundaries of the Monterey Specific Plan which encompasses approximately 320 acres, and was entitled in the early 1990’s. The project proposes a mixed-use development of up to 400 residential units, up to 150,000 square feet of commercial retail space (including up to 150 hotel keys) and associated improvements. A General Plan/Zoning Map Amendment is also proposed to amend the underlying designation of Community Commercial to a combination of Mixed Use and Community Commercial. The Specific Plan Amendment project area will consist of two Planning Areas (Planning Area 1 – Community Commercial & Planning Area II – Mixed Use), in addition to a Mixed-Use/Commercial Flex Zone overlay of 9.5 acres over a portion of Planning Area II to allow a mix of residential and commercial uses.

Location: The project site is located at the northwest corner of Monterey Avenue and Dick Kelly Drive (APNs: 685-090-002, -003, -005, -006, and -007) on approximately 35 acres.

NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage CITY COUNCIL RE: consideration of the above-referenced application pursuant to Rancho Mirage Municipal Code Title 17. An environmental assessment application was submitted for the subject project and the determination was made that the project required an initial study. An Initial Study has been prepared to result in the recommendation to adopt a Mitigated Negative Declaration (MND).

The Public Hearing will be held on Thursday, July 20, 2023, at 1:00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is ATTACHMENT 2
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EA22-0001, GPZMA22-0001, & SPA22-0001 July 20, 2023

available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5:00 p.m.

Written testimony may be submitted to the City Clerk via email to [email protected], or mailed to City of Rancho Mirage, ATTN: City Clerk, 69- 825 Highway 111, Rancho Mirage, CA 92270. Written testimony must be received no later than 10:00 a.m. on the day of the meeting to be considered by the City Council.

GOVERNMENT CODE § 65009 NOTICE: If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council sufficiently prior to the Public Hearing to enable its consideration by them.

Vicinity Map – Not to Scale

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AGENDA ITEM #

STAFF REPORT
TO: Planning Commission DATE: June 22, 2023
FROM: Ben Torres, Planning Manager
SUBJECT: Rancho Monterey Specific Plan Amendment - Environmental Assessment Case No. EA22-0001, General Plan Zoning Map Amendment Case No. GPZMA22-0001, and Specific Plan Amendment Case No. SPA22-0001.

SPECIFIC REQUEST OR RECOMMENDATION:

Staff recommends that the Planning Commission adopt Resolution No. [next in line] recommending that the City Council take the following actions:
a)Adopt Resolution [next in line] approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2023020253) for the Proposed Project based on Environmental Assessment Case No. EA22-0001; b)Adopt Resolution [next in line] approving General Plan Zoning Map Amendment (GPZMA22-0001), to change the underlying zoning designation of the approximately 35-acre Subject Property from Community Commercial to a combination of Mixed Use and Community Commercial; and
c)Introduce and adopt Ordinance [next in line] approving Specific Plan Amendment (SPA22-0001).

ATTACHMENTS

1.Aerial

2.Public Hearing Notice

3.Draft Mitigated Negative Declaration

4.Draft Specific Plan Amendment

5.Planning Commission Resolution

6.Resolution approving and adopting the proposed Mitigation Monitoring and Reporting Program for the Rancho Monterey Specific Plan Amendment Project and approving and certifying the Mitigated Negative Declaration (SCH#2023020253) based on Environmental Assessment Case No. EA22-0001
ATTACHMENT 3

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 2 of 15 Planning Commission Staff Report AGENDA ITEM #

7.Resolution approving proposed General Plan Zoning Map Amendment Case No.

GPZMA22-0002 to change the underlying zoning designation of the approximately 35 acre subject property from Community Commercial to a combination of Mixed Use and Community Commercial

8.Ordinance [next in line] approving the Specific Plan Amendment Case No. SPA22-0001

9.Draft Notice of Determination

10.City Attorney Independent Analysis
FACTS

1.Applicant/Property Owner:Zelman Rancho Mirage LLC

2. Purpose of Request:The Rancho Monterey Specific Plan Amendment project site occupies approximately 35 acres of
vacant undeveloped land west of Monterey Avenue
and north of the Dick Kelly Drive/Ginger Rogers
Road alignment. The project is within the
boundaries of the Monterey Specific Plan which
encompasses approximately 320 acres, and was
entitled in the early 1990’s. The Specific Plan
proposes standards and regulations for mixed-use
development of up to 400 residential units, up to
150,000 square feet of commercial retail space
(including up to 150 hotel keys) and associated
improvements. A General Plan/Zoning Map
Amendment is also proposed to amend the
underlying designation of Community Commercial
to a combination of Mixed Use and Community
Commercial. The Specific Plan Amendment project
area will consist of two Planning Areas (Planning
Area 1 – Community Commercial & Planning Area
II – Mixed Use), in addition to a Mixed-
Use/Commercial Flex Zone overlay of 9.5 acres
over a portion of Planning Area II to allow a mix of
residential and commercial uses.

3. Location:The project site is located at the northwest corner of Monterey Avenue and Dick Kelly Drive (APNs: 685-
090-002, -003, -005, -006, and -007).

4. Parcel Size:35 Acres

6. Existing Land Use:Community Commercial (C-C)/Monterey Specific Plan (Commercial Recreation & Medium Density
Residential)

7. Proposed Land Use:Community Commercial (C-C) & Mixed Use (M-U)/ Rancho Monterey SPA (PA-1 (Commercial) & PA-2
(Mixed-Use))

8. Surrounding Land Use:N: Monterey Specific Plan (Monterey Marketplace Shopping Center/General Commercial)

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 3 of 15 Planning Commission Staff Report AGENDA ITEM #
E: Monterey Specific Plan (Medium Density
Residential) & City of Palm Desert (Desert Gateway
Shopping Center)
S: Monterey Specific Plan (Medium Density
Residential)
W: Monterey Specific Plan (Community Park &
High Density Residential)

11.Environmental Information:The recommendation is to adopt a Mitigated Negative Declaration (SCH#2023020253) based on
Environmental Assessment Case No. EA22-0012
pursuant to the California Environmental Quality Act
Section 15074.

12. Date Application Deemed Complete: March 14, 2023

PROJECT SUMMARY
The Rancho Monterey Specific Plan Amendment project site occupies approximately 35 acres of vacant undeveloped land west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment. The project is within the boundaries of the Monterey Specific Plan which encompasses approximately 320 acres, and was entitled in the early 1990’s. The request proposes a Specific Plan Amendment that would set development standards and regulations for mixed-use development of up to 400 residential units, up to 150,000 square feet of commercial retail space (including up to 150 hotel keys) and associated improvements. It’s important to note that the current request does not include entitlements for vertical development and only includes the consideration of the specific plan amendment that would allow for future development projects on the site to be submitted and considered.

A General Plan/Zoning Map Amendment is also proposed to amend the underlying designation of Community Commercial to a combination of Mixed Use and Community Commercial. The Specific Plan Amendment project area will consist of two Planning Areas (Planning Area 1 – Community Commercial (14 acres) & Planning Area II – Mixed Use (18.5 acres)), in addition to a Mixed-Use/Commercial Flex Zone overlay of 9.5 acres over a portion of Planning Area II to allow a mix of residential and commercial uses, the remaining two acres will consist of future right-of-way.

The following applications comprise the entitlement package: Environmental Assessment, General Plan Zoning Map Amendment, and Specific Plan Amendment.

BACKGROUND :

The Monterey Specific Plan (MSP) was originally approved on August 22, 1991, and amended in 1995. It provides a comprehensive development vision to allow for a variety of commercial, retail, and residential uses on approximately 320 acres. The MSP provides development standards and design guidelines for the entire 320 acres which designated the Rancho Monterey property for Commercial Recreation and Medium Density Residential uses. Under the Commercial Recreation District uses like bowling alleys, health clubs, miniature golf courses, in addition to restaurants were envisioned. Under the Medium Density Residential designation both single family and multifamily uses with target densities between 3-5 units per acre are allowed.

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 4 of 15 Planning Commission Staff Report AGENDA ITEM #
For reference Figure 1.4 (Monterey SP Build Out Status) of the Rancho Monterey Specific Plan Amendment (see pg. 9) overlays the MSP land uses over an aerial image of the property, which highlights the subject project site. . As part of the MSP’s approval, a Supplemental Environmental Impact Report (SEIR) was processed and approved for the project. Implementing developments within the Monterey Specific Plan boundary include the Monterey Marketplace in the northern portion along Dinah Shore Drive, the Versailles gated residential community in the southern portion along Gerald Ford Drive and the City Dog Park off Key Largo Avenue.

ENVIRONMENTAL ASSESSMENT CASE NO. EA22-0001 _
An environmental assessment application was submitted for the proposed project and the determination was made that the project required an Initial Study. An Initial Study has been prepared resulting in the recommendation to adopt a Mitigated Negative Declaration (MND).

Mitigation measures were recommended for Biological Resources, Cultural Resources, Geology and Soils, and Tribal Cultural Resources. A Notice of Determination will be filed with the Riverside County Clerk once a final determination has been made by the City Council.

A Notice of Intent to Adopt a Mitigated Negative Declaration was published on the Desert Sun on February 12th. It was also distributed to various public agencies, utility providers, stakeholders, and submitted to the State Clearing House (State Clearinghouse Number 2023020253). The 30-day comment period for the MND began on February 13, 2023 and ended on March 14, 2023. At the conclusion of the comment period six comments were received from the Sunline Transit Agency, Agua Caliente Band of Cahuilla Indians, City of Palm Desert, Imperial Irrigation District, California Department of Fish and Wildlife, and Cal Fire. Responses to these comments have been prepared as part of the Mitigated Negative Declaration. The complete Mitigated Negative Declaration is included as Attachment 3.

AB 52 & SB 18 Tribal Consultation:

The City initiated tribal consultation in accordance with Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) on August 9, 2022, with contacts for twenty-one (21) tribes and representatives provided by the Native American Heritage Commission (NAHC) notifying them of the proposed project. The City was contacted by two Tribes, a comment letter was received from the Agua Caliente Band of Cahuilla Indians (ACBCI) on October 4, 2022 requesting to review mitigation measures. Mitigation measures were provided and on March 6, 2023, a follow up letter was provided confirming that their concerns were addressed, and proper mitigation measures were provided. The Quechan Indian Tribe responded via email that they had no comments and deferred to more local tribes. No additional correspondence or requests for formal consultation were received and the SB 18 and AB 52 noticing period was concluded.

The notices provided pursuant to AB 52 and SB 18 did not elicit any requests for formal consultation, nor identify any Tribal Cultural Resources within or near the proposed project area.

GENERAL PLAN ZONING MAP AMENDMENT CASE NO. GPZMA22-0001 The purpose of the General Plan Zoning Map Amendment (“GPZMA”) is to amend 18.5 acres of the existing underlying General Plan zoning designation of Community Commercial (C-C) to Mixed-Use (M-U) in order to propose residential uses within Planning Area 2 (Mixed Use) of the

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 5 of 15 Planning Commission Staff Report AGENDA ITEM #
subject Rancho Monterey Specific Plan Amendment.

Although the Specific Plan Amendment will guide development on the site, changing the underlying zoning designation for a portion of the project site to M-U will provide more consistency between the Specific Plan and the General Plan. In addition, this GPZMA will help achieve and/or establish the framework for implementation of Goals, Policies and Programs within the Land Use Element of the City’s General Plan.

GOAL LU1: A resort residential community of desirable neighborhoods, a variety of community facilities, and high-quality development.

Response: In order to propose the residential component (which can contain up to 400 residential units) of the project and achieve land use regulations that allow for a mixed-use development. The underlying Community Commercial (C-C) designation needs to be amended for Planning Area 2. The M-U land use designation allows for the development of various uses, working in harmony with each other, which can include a mix of residential, office, and commercial uses. In addition, the proposed Flex Zone Overlay which proposes to allow uses from both Planning Areas requires this change as well to remain consistent with the General Plan. Although no specific project is currently proposed the change from C-C to M- U for 18.5 acres of the 35-acre project site will allow for the flexibility to incorporate residential and commercial uses.

GOAL LU4: High-quality commercial land uses conveniently and appropriately distributed throughout Rancho Mirage, to meet the community’s current and future needs and to take full advantage of emerging development and economic opportunities .

Response: The M-U land use designation allows for the development of various uses working in harmony with each other which can include a mix of residential, office, and commercial uses. Although no specific project is currently proposed the change from C-C to M-U for 18.5 acres of the 35-acre project site will still allow for the flexibility to incorporate commercial uses.

SPECIFIC PLAN AMENDMENT CASE NO. SP22-0001
The purpose of the Rancho Monterey Specific Plan Amendment is to create a comprehensive planning document that will guide development of the project site. As stated in the City’s General Plan, specific plans seek to generate development of exceptional quality through flexible planning and design. Specific plans differ in that they are intended for larger, more complex projects that integrate a variety of residential and non-residential land uses. Specific plans can also permit uses, development standards, and density/intensity levels beyond those allowed in the City’s Zoning Code. In return, specific plans require an applicant to demonstrate exceptional design quality and amenities, as well as a phased, cost-effective extension of infrastructure.

This Specific Plan Amendment is intended to guide future development and use of land within project site boundary, including the establishment of site-specific development standards and regulations. The Specific Plan Amendment is intended to ensure quality development consistent with the goals, objectives, and policies of the City of Rancho Mirage General Plan.

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 6 of 15 Planning Commission Staff Report AGENDA ITEM #
Pursuant to Section 17.54.020 “Intent” of the Municipal Code, a specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in Title 17 “Zoning” of the Municipal Code. In short, if adopted, the Rancho Monterey Specific Plan Amendment will become the regulatory planning document for the 35-acre project site, superseding certain provisions within Title 17 (Zoning) of the Municipal Code and amending the original Monterey Specific Plan.

Organization
The Specific Plan is organized into four chapters as described below:

Chapter 1. Introduction & Setting – Pages 1-13
This section provides an overview of the document, project setting and history, legislative authority for the Specific Plan Amendment, entitlement process, and other contextual information.

General Plan and Zoning
Specific Plans are required to discuss the relationship of the specific plan to the general plan.

The Rancho Mirage General Plan was updated in late 2017 and established the City’s policy relating to the planned future, pattern, intensity, density, and land use relationships. The Rancho Monterey Specific Plan Amendment implements the City’s General Plan by bringing polices and regulations together to develop the subject project site. The Rancho Monterey Specific Plan Amendment is a regulatory document that will act as a link between the General Plan and future development projects. The following is a General Plan goal that will be achieved as part of this project:

GOAL LU2: A balanced mix of functionally integrated land uses, meeting the general social and economic needs of the community through simplified, compatible, and consistent land use and zoning designations.

Response: The M-U land use designation allows for the thoughtful planning of integrated commercial, office, and residential uses. Projects developed under this designation require a specific plan. The proposed zone change would allow the Rancho Monterey Specific Plan Amendment project site to be developed with a combination of residential, office, and commercial uses within Planning Area 2 and the proposed Flex Zone. Overall, the Specific Plan Amendment will help create a balanced mix of integrated land uses which can include residential, commercial, and office uses working together in a compatible way due to the regulations contained within to guide future development.

Chapter 2. Master Plan & Infrastructure – Pages 13-29
This section describes the primary master plan components required for further development of the property. These include land use, circulation, water and sewer, grading and drainage, and some conceptual site plans of what could potentially be built. The proposed project site is divided into two planning areas (PA) with a Mixed Use/Commercial Flex Zone Overlay within a portion of PA-2.

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Planning Areas
The planning areas are summarized below:
•PA-1 (Commercial) – PA-1 consists of approximately 14 acres of land and will allow for community commercial uses. Representative uses within this planning area can include restaurants, hotels, and commercial retail.
•PA-2 (Mixed Use) – PA-2 consists of approximately 18.5 acres of land and will allow for a variety of uses, which may include residential units (with densities of between 9-20 dwelling units per acre), offices, and commercial uses. •Mixed-use/Commercial Flex Zone Overlay – The Flex Zone’s purpose is to allow for a mix of residential (same density as PA-2) and commercial uses while allowing flexibility and the ability adapt to changing market conditions. The flex zone is approximately 9.5 acres in size (located entirely within the boundary of PA-II) and uses in the flex zone are generally those allowed in PA-1 and PA-2.

The planning areas, use, proposed acreages, and land use designations are provided in the table below:

PA No. PA Use Area Land Use Designation
PA-1 Per Table 3.1 of SPA 14 ac Community Commercial (C-C) PA-2 Per Table 3.1 of SPA 18.5 ac Proposed Mixed Use (M-U) Flex
Zone Per Table 3.1 of SPA 9.5 ac within
PA-2 Proposed Mixed Use (M-U)
Right-of-Way 2 ac
Grand Total ~35 ac
Height Buffer Zones
The development standards table described below in Chapter 3 details the maximum heights potentially allowed for buildings depending on their use (e.g., residential, commercial, office, & hotel). Individual projects will be reviewed once submitted based on their scale, massing, placement, visual impacts, and line of sight. In order to prevent heights taller than 20 ft. / 1 story in certain areas a Height Buffer Zone was established (see Figure 2.2 in SPA) along the projects frontage on Monterey that limits heights to 20 ft. / 1 story for a distance of 250 feet from the property line along Monterey Avenue. A smaller buffer zone is proposed of 100 feet along the project’s frontage along Ginger Rogers Road (residential uses are exempt). In addition, as detailed in the notes section of the Development Standards Table, RMMC Section 17.20.100 (Height measurements, restrictions, and height limit exemptions) will still apply in regards to the additional regulations regarding increased height, which includes increased setbacks at a minimum rate of two feet for each one foot of additional height above 20 feet, visual and spatial analysis of a proposed building, and compatibility and harmony with surroundings to mitigate any potential negative impacts. As a reference, the 1995 Monterey Specific Plan Amendment permitted heights up to 35’ with allowances for up to 48 foot tall towers at retail centers.

Conceptual Site Rendering
On pages 18-19 of the proposed Specific Plan, two conceptual site plans are provided. It’s

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 8 of 15 Planning Commission Staff Report AGENDA ITEM #
important to note that a project is not being considered with the Specific Plan request and the included imagery is only conceptual. Conceptual Site Rendering No. 1 shows a development with 312 units and 101,000 square feet of commercial uses. Conceptual Site Rendering No. 2 shows most of the site developed with 150,000 square feet (maximum allowed) of commercial uses and 192 residential units.

Circulation
The project will be surrounded by three public streets. Monterey Avenue is to the east and is already constructed to its ultimate right-of-way. Ginger Rogers Road and Via Vail are both currently undeveloped and will be built in accordance with the already established Section 30 Master Circulation Plan as development occurs.

Vehicle access to the site is proposed from Monterey Avenue, Ginger Rodgers Road, and Via Vail, with new entry points being developed as projects are proposed. A Letter of Understanding signed in 2005 between the Cities of Rancho Mirage and Palm Desert identified a future four- way traffic signal on Monterey Avenue along the project frontage, as shown on Exhibit 2.5. As of 2023, both Cities are carefully managing timing coordination along Monterey Avenue and the City is not supportive of committing to additional traffic signals at this time. However, given the Developers stated importance to the economic success of the project, the City is agreeable to consider a traffic signal in this location in the future. Consideration will be based on submittal of a high-quality development plan and a traffic analysis confirming that the Monterey Avenue signal corridor timing can be maintained at acceptable levels.

Interior vehicle circulation will consist of interior drive aisles to provide access to parking, loading, and service areas for future developments. This internal circulation system will be proposed as individual projects are designed. In addition, the adopted Section 30 Circulation Plan proposes a 60’ local road extending from Via Vail to Monterey Avenue along the project’s northern boundary, which has severe topographic constraints. The overall circulation system within Section 30 was assessed in the traffic study provided. The City continues to recognize this road as a requirement of the project based on the Section 30 Circulation Plan. However, the City is open to relocation or elimination of this road when a high-quality development project is proposed for this property.

Parking
Off-street parking standards will be consistent with Rancho Mirage Municipal Code Section

17.26 (Parking and Loading Standards).

Grading & Drainage
The site’s topography slopes from west to east with higher elevations ranging from 316’ along the southwest corner of the property to a low elevation of 258 along Monterey Avenue to the northeast. Future site grading will create building pads and parking areas with the intention of keeping the earthwork balanced on site. Due to the relatively level nature of the site, grading design should not deviate greatly from existing conditions.

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Surface drainage will be generally channeled from the southwest to the northeast via future parking and drive aisles that is captured in retention facilities at the lower elevation portion of the property. This will be studied further once specific development projects are submitted.

Chapter 3. Development Standards – Pages 30-33
This chapter identifies the development standards applicable to the Rancho Monterey Specific Plan Amendment area. The establishment of the site-specific development standards are intended to guide orderly development within the project site, while also maintaining some flexibility to respond to changing market conditions which may be a factor in any long-term development.

The table below show the proposed development standards for the Planning Areas. For reference the City’s Community Commercial (C-C) & Mixed-Use (M-U) designations have the same lot coverage, front, and street side setbacks:

PA-1 & PA-2 Development Standards
Gross Lot Area -
Lot Coverage (Maximum) 35%
Setbacks
From Monterey Avenue 20 ft.

Front 25 ft.

Side (each) 20 ft.

Street Side 25 ft.

Rear 25 ft.

Accessory Structures See RMMC Section 17.30.190 (Accessory Uses and Structures)
Distance Between Structures 10 ft. Minimum
Max. Height – Multi-Family Residential 44 ft. / 3 stories Max. Height - Hotel 50 ft. / 4 stories
Max Height - Office 40 ft. / 3 stories
Max Height - Retail 20 ft. / 1 story
Max. Wall Height Per City Code
Notes:

1.See additional height requirements (RMMC Section17.20.100(A)).

2.These dimensions vary and will be determined during development plan permit review.

As mentioned above, individual projects will be reviewed once submitted based on their scale, massing, placement, visual impacts, and line of sight. Two height buffer zones (of 250 feet along Monterey Ave and 100 feet along Ginger Rogers Road) are included in the development standards. In addition, as detailed in the notes section of the Development Standards Table, RMMC Section 17.20.100 (Height measurements, restrictions, and height limit exemptions) will still apply in regards to the additional regulations regarding increased height, which includes increased setbacks at a minimum rate of two feet for each one foot of additional height above 20 feet, visual and spatial analysis of a proposed building, and compatibility and harmony with

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surroundings to mitigate any potential negative impacts. The standards noted above are maximums for the site and are not guaranteed without proper analysis, justification and compliance with the Rancho Mirage Municipal Code.

Chapter 4. Design Guidelines– Pages 34-50
These guidelines do not promote a specific architectural style but rather establish guidelines that direct building form, massing, and high-quality architectural details. This Specific Plan allows for a wide range of commercial, residential, and hospitality uses. It is therefore anticipated that the site will be developed with a range of architectural styles, materials, and building types. The guidelines established in this section will ensure that all development within this Specific Plan is complementary while also promoting architectural diversity within the Specific Plan and with the surrounding community.

Some of the building design architectural features projects are encouraged to incorporate include 3-dimensional massing of forms with offsets, varied roof lines, recessed windows in thickened walls, metal/fabric awnings and shade structures, and building orientation to promote pedestrian activity. As projects are submitted for entitlements within, they will be reviewed for conformance with the Design Guidelines. Pages 37 to 49 of the Specific Plan Amendment identify various examples of real life developments that incorporate key design guidelines features to show how they can be incorporated into building design.

Landscape design guidelines are also proposed which focus on landscape character, pedestrian experience, entries and gateways, social gardens and parks, shade, landscape standards (which default to the Rancho Mirage Municipal Code), perimeter street and edge conditions, internal streets and common areas, landscape sustainability and water efficiency, and temporary landscape conditions. These guidelines will help the site develop landscape areas that will provide a sense of arrival, provide clear and safe pathways for interconnectivity, and invite visitors to stall while providing a level of visual continuity.

Chapter 5. Plan Administration – Page 62-64
This chapter describes the procedures for administration and implementation of the Rancho Monterey Specific Plan Amendment. This section defines processes for administrative and formal changes, interpretations of regulations, and enforcement of the Specific Plan Amendment.

SUMMARY
Overall, the Rancho Monterey Specific Plan Amendment will guide the future of the 35-acre project site by setting a comprehensive vision for a mixed-use project. The Amendment will replace a portion of the Monterey Specific Plan and establish site specific standards, land use regulations, and programs to guide development of the site. Up to 150,000 square feet of commercial/retail uses (including up to 150 hotel keys) and up to 400 residential units can be developed.

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CONDITIONS OF APPROVAL
Special conditions (or portions thereof) are designated by bold.

GENERAL :

1.All improvements shall conform to the provisions of the Rancho Mirage Municipal Code (RMMC), unless specifically modified by any of the following conditions or otherwise clarified in the Specific Plan Amendment.

2.Development of the Subject Property shall require the appropriate entitlement process as determined by the Planning Division and explained in detail within Rancho Monterey Specific Plan Amendment.

3.The applicant shall execute a written acknowledgment to the Planning Division stating acceptance of and compliance with all of the Conditions of Approval for Case Nos. EA22- 0001, GPZMA22-0001, & SPA22-0001 and that the plans submitted are in compliance with the Conditions of Approval. No modifications shall be made to said plans without written approval from the appropriate decision-making body.

4.The Conditions of Approval set forth herein may include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.

5.The development of the subject property shall conform substantially with the approved exhibits contained in Case Nos. EA22-0002, GPZMA22-0001, & SPA22-0001 on file in the Planning Division. This includes all dimensional and size specifications, landscaping, hardscape, design treatments (including color and materials), and the locations of perimeter walls and plant materials as shown in the landscape exhibits.

PLANNING DIVISION:

FILING FEES

6.Within 5 days of project approval the applicant shall submit to the City of Rancho Mirage a check in the total amount of $2,814 made payable to the City of Rancho Mirage for the CEQA filing fees for the IS/MND.

7.The mitigation measures contained in the Mitigated Negative Declaration (SCH Number 2023020253) based on Environmental Case No. EA22-0001 are hereby incorporated as Conditions of Approval. The property owner shall be responsible for implementing the mitigation measures contained within the adopted Mitigated

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Negative Declaration, as necessary.

8.The additional height standards contained within Rancho Mirage Municipal Code Section 17.20.100 (Height measurement, restrictions, and height limit exceptions), shall apply to all projects within the Rancho Monterey Specific Plan Amendment project site. The Height Buffer Zone detailed in the SPA will be an additional layer to prevent heights greater than 1 story / 20 feet in certain areas. Proposed projects shall be required to demonstrate the need and appropriateness of proposed heights.

9.If it is determined that a new electrical substation will be required to provide power in the future due to the development of the project site all necessary environmental and development analysis shall be conducted with the project proposal. The environmental impacts of the substation development will be required to be analyzed in accordance with the California Environmental Quality Act.

10. The document shall be revised to reflect large residential care uses to require a conditional use permit, in accordance with the Rancho Mirage Municipal Code as identified on Table 3.1.

CITY ATTORNEY:

INDEMNITY AGREEMENT

11. The applicant 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 applicant of any claim, action, or proceeding and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action or proceeding, the permittee shall not thereafter be responsible to defend, indemnify, or hold harmless the city.

REIMBURSEMENTS

12. The applicant 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 project. Although the applicant 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.

FIRE MARSHAL :

13. This project will contribute to a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. These impacts include an increased number of emergency and public service calls due to the increased presence of structures, traffic and population.

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 13 of 15 Planning Commission Staff Report AGENDA ITEM #

14.Cal Fire/Riverside County Fire Department provides Cooperated Integrated Regional fire protection services to project. The nearest Cal Fire/Riverside County Fire Station is outside an acceptable estimated response distance and response drive time to all or a portion of the project. It is recommended that these issues be discussed with Fire Department Operations staff to ensure that all hazards are mitigated and response needs are met.

15.Mitigation for these issues would be to provide additional to contribute to the purchase of fire response equipment to ensure that all hazards mitigated and response needs are met. Timing and payment arrangement shall be approved by Riverside County Fire Department.

16.In regard to other Fire Department required infrastructure, prior to Building Permit issuance, the required water system, including all fire hydrant(s), shall be installed and accepted by the appropriate water agency and the Riverside County Office of the Fire Marshal, prior to any combustible building materials being placed on the project.

Additionally, Fire Department emergency vehicle apparatus access road locations and design shall be in accordance with the current California Fire Code and Riverside County Fire Department Standards.

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 14 of 15 Planning Commission Staff Report AGENDA ITEM #

FINDINGS
SPECIFIC PLAN CASE NO. SP22-0001
Pursuant to Section 17.54.100 (Findings and decision) for Specific Plans, a specific plan may be approved only if all of the following findings are made:

1.The proposed specific plan is consistent with the general plan, because the project complies with the following General Plan Goals:

GOAL LU1: A resort residential community of desirable neighborhoods, a variety of community facilities, and high-quality development.

Staff Response: In order to propose the residential component (which can contain up to 400 residential units) of the project and achieve land use regulations that allow for a mixed-use development. The underlying Community Commercial (C-C) designation needs to be amended for Planning Area 2. The M-U land use designation allows for the development of various uses, working in harmony with each other, which can include a mix of residential, office, and commercial uses. In addition, the proposed Flex Zone Overlay which proposes to allow uses from both Planning Areas requires this change as well to remain consistent with the General Plan. Although no specific project is currently proposed the change from C-C to M- U for 18.5 acres of the 35-acre project site will allow for the flexibility to incorporate residential and commercial uses.

Staff Response: The M-U land use designation allows for the thoughtful planning of integrated commercial, office, and residential uses. Projects developed under this designation require a specific plan. The proposed zone change would allow the Rancho Monterey Specific Plan Amendment project site to be developed with a combination of residential, office, and commercial uses within Planning Area 2 and the proposed Flex Zone. Overall, the Specific Plan Amendment will help create a balanced mix of integrated land uses which can include residential, commercial, and office uses working together in a compatible way due to the regulations contained within to guide future development.

Staff Response: The M-U land use designation allows for the development of various uses working in harmony with each other which can include a mix of residential, office, and commercial uses. Although no specific project is currently proposed the change from C-C to M-U for 18.5 acres of the 35-acre project site will still allow for the flexibility to incorporate commercial uses;

Date: June 22, 2023 EA22-0001, GPZMA22-0001, & SPA22-0001 Page 15 of 15 Planning Commission Staff Report AGENDA ITEM #

2.The proposed specific plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the city, because the Specific Plan Amendment complies with General Plan goals and policies. Per the Mitigated Negative Declaration there would be less than significant impacts to public services and it would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Development of the site would also be considered and analyzed with project submittal;

3.The subject property is physically suitable for the requested zoning district(s) and the anticipated land use development(s), because the 35-acre site is being master planned for a future development that can include up to 150,000 square feet of commercial uses (which can include up to 150 hotel keys) and up to 400 residential units. No specific project is being proposed at this time, as development projects are proposed they will be reviewed to ensure they are physically suitable in terms of uses proposed, scale, scope, and compatibility with neighboring properties/projects;

4.The proposed specific plan ensures development of desirable character which would be harmonious with existing and proposed development in the surrounding neighborhood, because the Rancho Monterey Specific Plan Amendment establishes design criteria that will uphold the standards which have been established throughout the City for the future development of the subject site. The Specific Plan meets the Community Design Guidelines set forth in the General Plan by utilizing desert appropriate tones and architecture; and

5.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, unless findings are made in compliance with CEQA.

The subject site is current an existing driving range and golf course. The project site consists of vacant land with low lying desert vegetation scattered throughout. A draft Mitigated Negative Declaration (SCH#2023020253) was prepared based on Environmental Case No. EA22-0001 pursuant to the California Environmental Quality Act Section 15168, which studied the maximum buildout of the site with up to 150,000 square feet of commercial and up to 400 residential units. The document contains mitigation measures pertaining to Biological Resources, Cultural Resources, Geology & Soils, and Tribal Cultural Resources. Environmental impacts will be less than significant with implementation of the project’s mitigation measures.

Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 1 of 10

PLANNING COMMISSION MEETING
THURSDAY, JUNE 22, 2023 - 2:00 P.M.

MINUTES
City Hall - Council Chamber
69-825 Highway 111
Rancho Mirage, CA 92270
CALL TO ORDER - 2:00 P.M.
a)Flag Salute: Led by Commissioner Curran.
b)Roll Call: Agostini, Bryant, Chanter, Curran, Grey.

Present: Agostini, Bryant, Chanter, Curran.

Absent: Grey.

MOVED/SECONDED BY BRYANT/AGOSTINI TO EXCUSE CHAIR GREY’S ABSENCE.

MOTION CARRIED 4/0.

COMMISSIONER COMMENTS
Vice Chair Agostini greeted the audience and informed the Commission that he would chair the meeting today, as Chair Grey is absent.

Commissioner Chanter welcomed the community, adding that she appreciated the turnout and all the written comments that were submitted.

Commissioner Curran commented that he appreciated everybody showing up to the meeting.

Commissioner Bryant agreed with Commissioner Chanter and Commissioner Curran comments.

NON-AGENDA PUBLIC COMMENTS
Alena Callimanis expressed her concerns about the water and technology that w ould maintain the Cotino Lagoon.

APPROVAL OF MINUTES – June 8, 2023, Regular Meeting.

MOVED/SECONDED BY CHANTER/CURRAN TO APPROVE THE JUNE 8, 2023, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 4/0.

PUBLIC HEARINGS
ATTACHMENT 4
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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 2 of 10

1. Environmental Assessment Case No. EA22-0012, General Plan Zoning Map Amendment Case No. GPZMA22-0002, Specific Plan Amendment Case No. SPA22-0002, Tentative Parcel Map Case No. TPM22-0004 (TPM38399), Development Agreement Case No. DA22- 0003, and Preliminary Development Plan Case No. PDP22 -0001 – Desert Island Hotel.

Applicant: FM 71777, LLC. The Desert Island Specific Plan Amendment will occupy 17.2 acres within the existing Desert Island development. A General Plan/Zoning Map Amendment is to amend the underlying designation of Private Open Space (OS/PV) to Resort Hotel (Rs -H) for

10.5 acres of the existing Desert Island golf course for the development of a new 34 -key boutique hotel and 11 private hotel residences along with passive outdoor gathering areas, tennis, pool, café, and yoga amenities. A new golf training park and new maintenance bui lding will be built to replace the existing driving range and old maintenance building being displaced by the hotel project. Located south of Frank Sinatra Drive and west of Island Drive on a portion of the Desert Island golf course (APNs: 688-040-001; 688-050-005; 688-060-006; -008).

A. Consider the recommendation for the Planning Commission to adopt Resolution No. [next in line] recommending that the City Council take the following actions:

1) Adopt Resolution No. [next in line] approving and adopting the proposed Mitigation Monitoring and Reporting Program for the Desert Island Hotel Project and approving and certifying the Mitigated Negative Declaration (SCH#2023060057) based on Environmental Assessment Case No. EA22-0012;
2) Adopt Resolution No. [next in line] approving General Plan Zoning Map Amendment (GPZMA22-0002), to change the underlying zoning designation of the Subject Property from Open Space-Private (OS/PV) to Resort Hotel (Rs-H) for 10.5 acres where the proposed hotel and residences will be located; 3) Introduce and adopt Ordinance No. [next in line] approving Specific Plan Amendment (SP22-0002) to add hotel use to the Desert Island Specific Plan; 4) Introduce and adopt Ordinance No. [next in line] approving the Development Agreement by and between the Developer and the City of Rancho Mirage (DA22- 0003); and
5) Adopt Resolution No. [next in line] approving Tentative Parcel Map (TPM22 -0004) and Preliminary Development Plan (PDP22-0001) regarding the Proposed Project.

Pilar Lopez, Senior Planner, presented the staff report.

Public Comments

Patrick Bastar, Desert Island resident, spoke in opposition of the proposed project. He expressed his concerns regarding communication between the HOA and the owners , as well as potential traffic issues.

Deborah Page, Desert Island resident, spoke in favor of the proposed project. She added that the developer provided residents the opportunity to view the project plans and had been available to answer questions from the residents.

Mary Dell Barkonras, Desert Island resident, spoke in favor of the proposed project. She noted the revitalization of the Desert Island community and that she was excited to see the project go forward.

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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 3 of 10 Juan Munoz, a representative of Southwest Mountain States Regional Council of Carpenters, requested that the Planning Commission add a condition to require the applicant to hire a skilled local workforce.

Noel Curry, Desert Island resident, expressed his concerns about the vote a HOA Board conducted.

Michael Pahlow, Desert Island resident, spoke in favor of the proposed project.

Neil Barr, a resident and the HOA Board President of Desert Island, spoke in favor of the proposed project. He explained that the applicant had been working with the HOA Board and an agreement had been reached related to the entry off Frank Sinatra Drive and the separate resident gate. The HOA Board conducted a survey that showed, of those that participated, 82% were in favor with 101 votes in support of the proposed project and 22 votes in opposition.

Randolph Lenih, Desert Island resident, expressed his concerns about the HOA’s communication with the homeowners, but stated he had no issues with the project or applicant.

Commissioner Comments

Commissioner Chanter asked for clarification on the completion bonds and inquired about the amount of proposed live turf.

Ms. Lopez clarified that the project would be required to adhere to Rancho Mirage Municipal Code (RMMC) Section 16.20.090, which required performance and payment bonds to be in place to ensure site improvements were completed. She stated that the applicant proposed less than 10% live turf for the project, which satisfied the RMMC landscape standards.

Commissioner Curran stated that he had concerns regarding potential traffic, but that his concerns had been addressed after reading the staff report and the presentation.

Vice Chair Agostini welcomed public participation. He stated that, similar to Commissioner Curran, his concerns regarding traffic had been addressed. He requested that the City Attorney address the question regarding the current covenants or restrictions if those were changed .

Commissioner Bryant commented that he was impressed with the project, especially the studies on the site views and the style of the buildings. He asked if the two residential towers that had been approved in 1993 could still be constructed.

Ms. Lopez answered that the proposed Desert Island Hotel Specific Plan Amendment would supersede the 1993 amendment.

Majna Dukic, Development Services Director, added that the Specific Plan would need to be amended again for any future development.

Commissioner Bryant asked about transient occupancy tax (TOT) related to the hotel and condo- hotel units.

Ms. Lopez answered that there a provision in the development agreement concerning TOT.

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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 4 of 10 Steve Quintanilla, City Attorney, stated that condo-hotel units would be required to pay a minimum of $70,000 in the form of a public benefit fee, which was basically in-lieu TOT. This would be a yearly fee imposed on the condo-hotel units.

Commissioner Bryant asked the City Attorney to clarify if the condo-hotel unit use was considered a short-term rental.

Mr. Quintanilla stated that the City of Rancho Mirage currently had an ordinance banning all short- term rentals. The proposed condo-hotel units did not fall within the category or definition of a short-term rental. This was a unique product, referred to as a condo-hotel unit, and had to be rented through the hotel operator.

Ms. Lopez added that there was also a provision within the development agreement that require d the condo-hotel units to only be rented through the hotel operator.

Commissioner Bryant asked if the condo -hotel units were required to be registered with the Securities Exchange Commission.

Mr. Quintanilla added that the Development Agreement included a provision requiring the condo- hotel units to be registered with the Securities Exchange Commission, if required.

Commissioner Bryant asked for further clarification on the shade structures.

Ms. Lopez answered that the shade structures were being commissioned as an art installation and prior to the approval of the Final Development Plan, the complete plans for the shade structures must be submitted to the Planning Division. The PDP Booklet set s the height and overall dimensions of the structures.

Commissioner Bryant asked if the concerns raised by the Architectural Review Board had been addressed.

Ms. Lopez replied that the Architectural Review Board endorsed the project with a few conditions concerning site circulation. She showed slides of the updated circulation exhibits and stated that the concerns had been addressed and incorporated into the PDP Booklet.

Commissioner Bryant asked if the access driveway off Frank Sinatra Drive would be limited to emergency services.

Ms. Lopez confirmed that the second access driveway would be limited to emergency services only and equipped with a Knox box.

Vice Chair Agostini invited the applicant to come up and make any comments.

Miguel Nelson, project applicant, thanked everybody for their support and commented that the Desert Island community was amazing.

Mr. Quintanilla provided a brief overview of the covenants. He expanded on the obligations that would be required from the developer as part of the development agreement with the City.

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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 5 of 10 MOVED/SECONDED BY BRYANT/CURRAN TO ADOPT RESOLUTION NO. [NEXT IN LINE] RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

A. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING AND ADOPTING THE

PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM FOR THE

DESERT ISLAND HOTEL PROJECT AND APPROVING AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION (SCH#2023060057) BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA22-0012;
B. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA22-0002), TO CHANGE THE UNDERLYING ZONING

DESIGNATION OF THE SUBJECT PROPERTY FROM OPEN SPACE-PRIVATE (OS/PV) TO RESORT HOTEL (Rs-H) FOR 10.5 ACRES WHERE THE PROPOSED HOTEL AND CONDO-HOTEL UNITS WILL BE LOCATED;
C. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING SPECIFIC PLAN AMENDMENT (SP22-0002) TO ADD HOTEL USE TO THE DESERT ISLAND SPECIFIC PLAN;
D. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING THE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE DEVELOPER AND THE CITY OF RANCHO MIRAGE (DA22-0003); AND
E. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING TENTATIVE PARCEL MAP (TPM22-0004) AND PRELIMINARY DEVELOPMENT PLAN (PDP22-0001) REGARDING THE PROPOSED PROJECT.

MOTION CARRIED 4/0.

NOTE: Commissioner Bryant recuse himself before Item 2 was heard as his residence is within 1,000 feet of the proposed project and left the room.

2. Environmental Assessment Case No. EA23-0004, Zoning Text Amendment Case No.

ZTA23-0002, & General Plan Zoning Map Amendment Case No. GPZMA23-0001 Applicant:

City of Rancho Mirage. Consideration of an Ordinance to amend Title 17 (Zoning) of the Rancho Mirage Municipal Code to implement the goals, policies, and programs of the certified Housing Element by amending Chapters 17.14 (Overlay Districts), 17.22 (Affordable Housing Incentives/Density Bonus Provisions), 17.26 (Parking and Loading Standards) and 17.90 (Definitions). In addition, a General Plan Zoning Map Amendment is proposed to create an affordable housing overlay for two properties (APNs: 685-090-011 & 689-180-012) and to change the land use designation for APN: 689-180-012 from Mobile Home Park (MHP) to High Density Residential (R-H). City-wide & APN’s: 685-090-011 & 689-180-012.

A. Consider the recommendation for the Planning Commission to adopt Resolution No. [next in line] recommending that the City Council take the following actions:

1) Adopt Resolution No. [next in line] approving General Plan Zoning Map Amendment (GPZMA23-0001), placing an affordable housing overlay onto two properties as required by Policy H9 – Program H9.A, Housing Element Inventory Site B (APN: 685- 090-011) and Site D (APN: 689-180-012) and to change the land use designation for Site D from Mobile Home Park (MHP) to High Density Residential (R-H); and 2) Introduce and adopt Ordinance No. [next in line] approving the Zoning Text Amendment, amending Title 17 (Zoning), including Chapter 17.14 (Overlay Districts) 8-27

Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 6 of 10 to introduce an affordable housing overlay, Chapter 17.22 (Affordable Housing Incentives/Density Bonus Provisions) to remain consistent with State density bonus law, Chapter 17.26 (Parking and Loading Standards) to update parking standards for various types of temporary housing, and Chapter 17.90 (Definitions).

Marcus Aleman, Housing Manager presented the staff report.

Public Comments

Michael Danius, Rancho Mirage resident, spoke in opposition and asked the Commission to study all the issues very carefully.

Mike Fontana, Rancho Mirage resident, spoke in opposition to the zone change and density. He asked the Commission to table action on this item and send it to a study session, as it was a very complicated issue.

Brad Anderson, Rancho Mirage Resident, spoke in opposition and mentioned he had spoken about the matter in past meetings.

Greg Lindner, Rancho Mirage Resident, noted he lived close to the mobile home park property.

He spoke in position of the zoning change due to the high density and suggested a study session.

Howard Tabakman, Rancho Mirage resident, spoke in opposition to the high density being proposed. He proposed tabling the item to address the issues and asked for additional study, so the residents could look at it in more depth.

Jack Swanson, Rancho Mirage resident, spoke in opposition to the high density being proposed.

He mentioned more studies needed to be done and requested that the item be tabled.

Adair Fell, Rancho Mirage resident, spoke in opposition and mentioned that the higher density with increased heights were not compatible with Rancho Mirage.

Sandra Hodaya, Rancho Mirage resident, spoke in opposition and agreed with the prior comments. She stated that the traffic speed on Highway 111 would be impacted with higher densities.

Chris Williamson, Rancho Mirage resident, spoke in opposition. He added that there was absolutely no employment within the vicinity in either direction and the area did not seem to be a good fit for a low-income high-density development.

Eric Peterson, Rancho Mirage resident, spoke in opposition and mentioned traffic concerns on Highway 111 and Peterson Road.

Majna Dukic, Director of Development Services, clarified that the policies and programs being considered were the implementation of the Sixth-Cycle Housing Element that was certified and adopted last year, which included the zone change and the affordable overlay implementation.

She stated there was no vertical project being considered. She elaborated that if there was a project proposed, it would need to go through the entitlement process , and all environmental studies would need to be completed, including traffic and site studies.

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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 7 of 10 Commissioner Comments

Commissioner Chanter commented that affordable housing was needed. She mentioned she heard the community and understood there was a lot of concern.

Vice Chair Agostini agreed with Commissioner Chanter, regarding the importance and the need for affordable housing in Rancho Mirage and throughout the valley.

Ms. Dukic added that the presentation contained a timeline for the Housing Element, which included a joint Planning Commission and City Council study session last year, as well as a public hearing for the Planning Commission, and additional City Council meetings where these policies and programs were introduced, considered and officially adopted.

Mr. Quintanilla, City Attorney, clarified that what was being presented to the Commission was basically going to implement those policies that were adopted by the City Council last year.

MOVED/SECONDED BY AGOSTINI /CURRAN TO ADOPT RESOLUTION NO. [NEXT IN LINE] RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:

A. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA23-0001), PLACING AN AFFORDABLE HOUSING OVERLAY ONTO TWO PROPERTIES AS REQUIRED BY POLICY H9 – PROGRAM H9.A, HOUSING ELEMENT INVENTORY SITE B (APN: 685 -090-011) AND SITE D (APN: 689- 180-012) AND TO CHANGE THE LAND USE DESIGNATION FOR SITE D FROM MOBILE HOME PARK (MHP) TO HIGH DENSITY RESIDENTIAL (R-H); AND

B. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING THE ZONING TEXT AMENDMENT, AMENDING TITLE 17 (ZONING), INCLUDING CHAPTER 17.14 (OVERLAY DISTRICTS) TO INTRODUCE AN AFFORDABLE HOUSING OVERLAY, CHAPTER 17.22 (AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS

PROVISIONS) TO REMAIN CONSISTENT WITH STAT E DENSITY BONUS LAW, CHAPTER 17.26 (PARKING AND LOADING STANDARDS) TO UPDATE PARKING

STANDARDS FOR VARIOUS TYPES OF TEMPORARY HOUSING, AND CHAPTER

17.90 (DEFINITIONS).

MOTION CARRIED 3/0 (COMMISSIONER BRYANT RECUSED).

Vice Chair Agostini welcomed Commissioner Bryant back to the meeting.

3. Environmental Assessment Case No. EA23-0001, Conditional Use Permit Case No.

CUP23-0002. Applicant: Smartlink LLC on behalf of AT&T Wireless. Consideration to install an unmanned 60-foot-tall wireless telecommunication facility designed to resemble a palm tree (mono-palm) with an equipment shelter and generator within a 900 square foot block wall enclosure. The subject property is immediately southeast of the Rancho Mirage Fire Station No. 50 located at 70801 Highway 111, Rancho Mirage, CA 92270 (APN: 690-182-016, & -017).

The facility and block wall enclosure will be placed in the vacant lot south of the Fire Station.

A. Consider the recommendation for the City Council to approve the filing of a Notice of Exemption based on Environmental Assessment Case EA23-0001 and pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15303 (New 8-29

Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 8 of 10 Construction or Conversion of Small Structures); and
B. Consider the recommendation for the City Council to approve Conditional Use Permit Case No. CUP23-0002, subject to the conditions of approval and based on the content and findings in the staff report.

Lezlee Vasquez, Assistant Planner presented the staff report.

Public Comments – None.

Commissioner Comments

Commissioner Curran stated that the facility design was in line with others and the applicants had done a good job in order to improve coverage for residents.

Commissioner Chanter commented that most of the time we heard such positive things about Rancho Mirage and the only negative she hears about was that sometimes people lose their phone connection when they're driving within the City. She commented she was glad the project was being considered and it looked appropriate.

Vice Chair Agostini commented that as a long-time resident there were certain spots within the City that had coverage gaps. He mentioned it was important to continue to move into the next digital age with technology as people moved away from physical phone lines.

Commissioner Bryant asked if any public comments had been received.

Ms. Vasquez answered that two public comments against the project were received and distributed to the Planning Commission prior to the meeting. Both comments were from the Thunderbird community.

Commissioner Bryant asked if the new cell tower would interfere in any way with Fire Department communications.

Ben Torres, Planning Manager, noted that the cell tower was going to be located on City property, and a lease was being negotiated with AT&T, which included extensive interference provisions to ensure that fire station operations were not impacted by the proposed facility.

MOVED/SECONDED BY AGOSTINI /CHANTER TO RECOMMEND THAT THE CITY COUNCIL:

A. APPROVE THE FILING OF A NOTICE OF EXEMPTION BASED ON ENVIRONMENTAL ASSESSMENT CASE EA23-0001 AND PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15303 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES); AND B. APPROVE CONDITIONAL USE PERMIT CASE NO. CUP23-0002, SUBJECT TO THE

CONDITIONS OF APPROVAL AND BASED ON THE CONTENT AND FINDINGS IN THE STAFF REPORT.

MOTION CARRIED 4/0.

4. Rancho Monterey Specific Plan Amendment Environmental Assessment Case No.

EA22-0001, General Plan Zoning Map Amendment Case No. GPZMA22-0001, Specific 8-30

Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 9 of 10 Plan Amendment Case No. SPA22-0001. Applicant: MSA Consulting. The Rancho Monterey Specific Plan Amendment project site occupies approximately 35 acres of vacant undeveloped land west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment. The project is within the boundaries of the Monterey Specific Plan which encompasses approximately 320 acres. The project proposes a mixed -use development of up to 400 residential units, up to 150,000 square feet of commercial retail space (including up to 150 hotel keys) and associated improvements. A General Plan/Zoning Map Amendment is also proposed to amend the underlying designation of Community Commercial to a combination of Mixed Use and Community Commercial. Location: The project site is located at the northwest corner of Monterey Avenue and Dick Kelly Drive (APNs: 685 -090-002, -003, -005, -006, and -007) on approximately 35 acres.

A. Consider the recommendation for the Planning Commission to adopt Resolution No. [next in line] recommending that the City Council take the following actions:

1) Adopt Resolution No. [next in line] approving the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration (SCH#2023020253) for the Proposed Project based on Environmental Assessment Case No. EA22-0001; 2) Adopt Resolution No. [next in line] approving General Plan Zoning Map Amendment (GPZMA22-0001), to change the underlying zoning designation of the approximately 35 - acre Subject Property from Community Commercial to a combination of Mixed Use and Community Commercial; and
3) Introduce and adopt Ordinance No. [next in line] approving Specific Plan Amendment (SPA22-0001).

Ben Torres, Planning Manager, presented the staff report.

Public Comments – None.

Commissioner Comments

Commissioner Bryant asked about the four public comments received.

Mr. Torres explained that the comments received were part of the environmental document comment period, not the typical public hearing noticing that was sent to property owners 15 days before the meeting. The comments were from public agencies like the Imperial Irrigation District and the City of Palm Desert.

Commissioner Bryant asked about the access points and roads to the project site.

Mr. Torres answered that at this time there was no development plan, but as the project site developed, they would have to do half width street improvements to provide access to the site.

Commissioner Curran added that he thought it was a great plan.

Vice Chair Agostini commented that he was encouraged to see the plan move forward with a mix of commercial and residential.

MOVED/SECONDED BY CHANTER /CURRAN TO ADOPT RESOLUTION NO. [NEXT IN LINE] RECOMMENDING THAT THE CITY COUNCIL TAKE THE FOLLOWING ACTIONS:
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Approved 6/22/2023 Planning Commission Regular Meeting Minutes Page 10 of 10

A. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING THE MITIGATION

MONITORING AND REPORTING PROGRAM AND MITIGATED NEGATIVE DECLARATION (SCH#2023020253) FOR THE PROPOSED PROJECT BASED ON ENVIRONMENTAL ASSESSMENT CASE NO. EA22-0001;
B. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING GENERAL PLAN ZONING MAP AMENDMENT (GPZMA22-0001), TO CHANGE THE UNDERLYING ZONING DESIGNATION OF THE APPROXIMATELY 35-ACRE SUBJECT PROPERTY FROM

COMMUNITY COMMERCIAL TO A COMBINATION OF MIXED USE AND COMMUNITY COMMERCIAL; AND
C. INTRODUCE AND ADOPT ORDINANCE NO. [NEXT IN LINE] APPROVING SPECIFIC PLAN AMENDMENT (SPA22-0001).

MOTION CARRIED 4/0.

ADJOURNMENT

With no further business to consider, the Planning Commission meeting was adjourned at 4:13 P.M.

Prepared by: Deanna Mendoza
Development Services Technician

Date Approved by Planning Commission: 7/13/2023
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STAFF REPORT
TO: Planning Commission/City Council DATE: June 22, 2023.

FROM: Steven B. Quintanilla, City Attorney
SUBJECT: City Attorney’s Independent Analysis – Rancho Monterey Specific Plan Amendment
SPECIFIC REQUEST OR RECOMMENDATION:

That the Planning Commission receive and file the City Attorney’s Independent Analysis.

BACKGROUND
Since the Proposed Project requires the adoption of an ordinance to approve Specific Plan Amendment (SPA22-0001) and a Resolution approving General Plan Zoning Map Amendment (GPZMA23-0001), the City Attorney is required to make determinations which address whether the City has the legal authority to adopt said ordinances.

Rancho Mirage Municipal Code Section 1.04.031 (Review And Approval Of Legal Form Of Ordinances By City Attorney) provides that “[n]o ordinance shall be deemed effective unless the City Attorney determines that the City has the authority to adopt the proposed ordinance, that the proposed ordinance is constitutionally valid under the state and federal constitutions, and that the proposed ordinance is consistent with the general powers and purposes of the City, the City’s Charter, ordinances approved by the voters, and any applicable federal and/or state laws.

Legal Authority
Specific Plan Amendment Ordinance
A specific plan must contain certain specified details relating to land uses, major infrastructure, development and conservation standards, an implementation program, and a statement of relationship to the general plan. See Government Code Section 65451.

Moreover, pursuant to Section 15.54.0202 (Intent) of the Municipal Code, a specific plan adopted by ordinance shall replace the base zoning district for the subject property, and the development standards and guidelines identified in the specific plan shall take precedence over the general standards and guidelines contained in Title 17 “Zoning” of the Municipal Code.

Moreover, as set forth in Section 17.54.100 (Findings and Decision) a specific plan may be approved, provided that certain findings are made. Although it is beyond the scope of this analysis to address any required findings, based on the findings, evidence and conclusions set forth in the Staff Report prepared for the Proposed Project which includes Specific Plan ATTACHMENT 5
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Amendment (SPA22-0001), and the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration which was prepared for the Proposed Project, there is substantial evidence that the Proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines and there would be no potential significant negative effects upon environmental quality and natural resources as mitigated per the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration regarding the Proposed Project.

It is the independent opinion of the City Attorney that based on the content and findings in the Staff Report, the terms and conditions of Specific Plan Amendment (SPA22-0001), and the contents of the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration regarding the Proposed Project, the City Attorney finds and concludes that the City Council has the legal authority to adopt Specific Plan Amendment (SPA22-0001), since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City’s charter, ordinances approved by the voters, and applicable federal and state laws.

General Plan Zoning Map Amendment

The City’s General plan is a comprehensive, long-term plan for the development of the City, which is consistent with Section 65300 of the Government Code. The General Plan is at the top of the hierarchy of a local government's land use regulations.

Section 65350 of the Government Code provides that the procedure for amending a general plan is the same as that for its initial adoption. Although no mandatory element of a general plan may be amended more frequently than four times during any calendar year, this limit does not apply to charter cities. See Government Code Section 65700(a). Since the General Plan was adopted by ordinance, any amendment to either its text or maps must be approved by ordinance.

In addition to the above, Section 17.72.040 “Proposed Ordinance,” provides that the City Attorney is required to prepare an independent written staff report to the Planning Commission and City Council for each of their respective meetings, at which the proposed amendment will be considered, that addresses whether the City has the authority to adopt the proposed amendment, whether the proposed amendment is constitutionally valid under the state and federal constitutions, and whether the proposed amendment is consistent with the general powers and purposes of the City, the City’s charter, ordinances approved by the voters, and any applicable federal and/or state laws.

It is the independent opinion of the City Attorney that based on the content and findings in the Staff Report and the contents of the Mitigation Monitoring and Reporting Program and Mitigated Negative Declaration regarding the Proposed Project that proposed General Plan Zoning Map Amendment (GPZMA22-0001) conforms with and meets all of the above requirements. In addition, the City Attorney finds and concludes that based on the foregoing, the City Council has the legal authority to adopt the proposed General Plan Zoning Map Amendment Ordinance since the proposed ordinance is constitutionally valid under the state and federal constitutions, is consistent with the general powers and purposes of the City, the City’s charter, ordinances approved by the voters, and applicable federal and state laws.

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City of Rancho Mirage 1

CITY OF RANCHO MIRAGE
69-825 Highway 111
Rancho Mirage, CA 92270
Phone: 760.328.2266

ENVIRONMENTAL INITIAL STUDY
Project Title:

City Project No:

Lead Agency
Name and Address:

Applicant:

Contact Person:

Phone Number:

Project Location:

Accessor Parcel Number:

Rancho Monterey Specific Plan Amendment
Specific Plan Amendment Case No. SP22-0001
General Plan & Zoning Map Amendment Case No. GPZMA22-
0001
Environmental Assessment Case No. EA22-0001
City of Rancho Mirage
69-825 Highway 111
Rancho Mirage, California 92270
Phone: (760) 328-2266 Fax: (760) 324-9851
Brain Tracy
Retail Net Lease Properties, Inc.
74998 Country Club Drive, Suite, 220-345
Palm Desert, CA 92260
Ben Torres
Planning Manager
Phone: (760) 328-2266 Ext. 253
West of Monterey Avenue, South of Dinah Shore Drive, North of Dick Kelly Drive.
685-090-002, 685-090-003, 685-090-005, 685-090-006,
and 685-090-007.

General Plan Designation: Community Commercial (C-C).

Zoning Designation: Community Commercial (C-C).

ATTACHMENT 6
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TABLE OF CONTENTS

RANCHO MONTEREY SPECIFIC PLAN AMENDMENT

CHAPTER 1: PROJECT DESCRIPTION………………………………………………………..4

EXHIBITS:

Exhibit 1 Vicinity Map………………………………………………………………….……..8
Exhibit 2 MSP Area…..……………………………………………………………………….9
Exhibit 3 Project Aerial………………………………………………………………………10
Exhibit 4 Proposed Site Plan Rendering A……………………………………………….....11 Exhibit 5 Proposed Site Plan Rendering B……………………………………………….....12 Exhibit 6 Proposed Land Use Plan………………………………………………...................13

CHAPTER 2: ENVIRONMENTAL ANALYSIS AND DETERMINATION………………………....14

1. Aesthetics ................................................................................................................................... 17

2. Agriculture and Forestry Resources ..................................................................................... 34

3. Air Quality ................................................................................................................................... 37

4. Biological Resources ................................................................................................................ 48

5. Cultural Resources .................................................................................................................... 56

6. Energy .......................................................................................................................................... 61

7. Geology / Soils .......................................................................................................................... 76

8. Greenhouse Gas Emissions ..................................................................................................... 87

9. Hazards and Hazardous Materials ..................................................................................... 100

10. Hydrology / Water Quality ................................................................................................... 107

11. Land Use / Planning .............................................................................................................. 117

12. Mineral Resources .................................................................................................................. 127

13. Noise ......................................................................................................................................... 129

14. Population / Housing ............................................................................................................ 146

15. Public Services ........................................................................................................................ 149

16. Recreation ................................................................................................................................ 154

17. Transportation ........................................................................................................................ 156

18. Tribal Cultural Resources ..................................................................................................... 174

19. Utilities Service System ......................................................................................................... 177

20. Wildfires ................................................................................................................................... 183

21. Mandatory Findings of Significance .................................................................................. 186

TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM………………………..188

CHAPTER 3: REFERENCES……………………………………………………………………191

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APPENDICES:

Appendix A: General Biological Resources Assessment and CVMSHCP Consistency Analysis, Rancho Monterey Specific Plan Amendment, James W. Cornett Ecological Consultants, September 2021
Appendix B: Historical/Archaeological Resources Survey Report, CRM Tech, April 2022 Appendix C: Rancho Monterey Specific Plan Amendment County of Riverside Climate Action Plan (CAP) Greenhouse Gas Assessment, Meridian Consultants, September 2022
Appendix D: Rancho Monterey Specific Plan Noise and Vibration Impact Analysis, Urban Crossroads, Inc., May 2022
Appendix E: Rancho Monterey Specific Plan Transportation Impact Assessment, Fehr and Peers, October 2022
Appendix F: CalEEMod Model Emissions, Version 2020.4.0

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CHAPTER 1: PROJECT DESCRIPTION
The project property occupies approximately 35 acres of vacant undeveloped land west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment. The project proposes the construction of a mixed-use community consisting of up to 400 residential units and a maximum of 150,000 square feet (including 150 hotel keys) of commercial retail space, open space, parks, and retention areas, and associated improvements. The project is located within the boundaries of the Monterey Specific Plan (MSP), which encompasses approximately 320 acres, and was entitled in the early 1990s.

The project location within the MSP boundary is illustrated in Exhibit 2.

Currently the project site is characterized by undeveloped and vacant land with low-lying desert vegetation scattered throughout, located in Rancho Mirage’s General Plan Land Use/Zoning Community Commercial (C-C) designation. Lands north of the project includes developed commercial uses including large commercial buildings such as the Home Depot.

The project’s eastern boundary is delineated by Monterey Avenue, and the area east of Monterey Avenue includes commercial uses. The land east of the project is located within the City of Palm Desert’s jurisdiction. South of the project includes vacant and undeveloped lands. The future extension of Dick Kelly Drive alignment is located along the project’s southern boundary. However, this roadway is not developed. Property west of the project is characterized by vacant and undeveloped lands. The vacant areas west and south of the project are defined by natural desert landscape with scattered, low-lying vegetation, similar to that found on the project site. The areas north, west and south of the project are located within the MSP.

Surrounding land use and zoning designations include Community Commercial (C-C) to the north and southeast, Public Park (OS-PP) and Residential High Density (R-H) to the west, and Residential Medium Density (R-M) to the south.

The MSP was adopted in 1990, and is located south of Dinah Shore Drive, west of Monterey Avenue, north of Gerald Ford Drive, and east of Key Largo Drive. The MSP area is partially developed with general commercial uses in the northern portion, and low density residential in the southern portion. Scattered residential developments and the City dog park also occurs within the SP area. The proposed project is located south of the existing general commercial uses, and west of Monterey Avenue. The western property boundary is delineated by the proposed Via Vail re-alignment. The project includes removing the previously approved alignment of an unnamed road that extended from its current terminus at the City Dog Park east to Monterey.

As previously stated, the project proposes to develop a mixed-use project on approximately 35 acres that would provide a variety of residential housing options and commercial retail uses in a pedestrian friendly setting. Such uses allowed within the project included, but are not limited to, a combination of residential uses (up to 400 dwelling units) including multi- family and senior apartments, and/or commercial retail uses (up to 150,000 square feet of retail space) including drive-through restaurants or a 150-key hotel, or an approved 8-38

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combination of the two, and open space, parks, and retention areas. An example of the conceptual site plan renderings are illustrated in Exhibits 4 and 5. Land use configurations for the project site could include (1) maximum residential units (400 dwelling units); (2) maximum commercial square footage (150,000 square feet); (3) half residential (200 dwelling units) and half commercial (75,000 square feet); (4) ¾ residential (300 dwelling units) and ¼ commercial (37,500 square feet); and (5) ¾ commercial (112,500 square feet) and ¼ residential (100 dwelling units). A sixth land use configuration was considered to analyze the worst-case scenario. This configuration includes the development of all 400 residential units and 150,000 square feet of commercial. These land use configurations were utilized in the analysis of project impacts to air quality, greenhouse gas emissions, and energy resources.

In order to allow for these uses in the MSP area, the project proposes a Specific Plan Amendment (SPA) in order to allow for the proposed uses within the MSP area. The Rancho Monterey SPA area is located centrally and along the eastern boundary of the MSP area (see Exhibit 2). The SPA will act to provide a degree of flexibility for future developers to design projects that respond to market demand. The Rancho Monterey SPA will supersede the development guidelines and regulations of the project portion of the MSP to allow for a fresh, contemporary development strategy for the 35 acres. The SPA can also act as a standalone document in the event the MSP is rescinded.

The SPA project area will consist of two Planning Areas, each corresponding with a basic land use component (see Exhibit 6). In addition, a Mixed-Use/Commercial Flex Zone over the two Planning Areas will allow for developer flexibility for future development of the site. The two Planning Areas are as follows:

Planning Area I (PA-I) – Community Commercial: PA-I occupies the eastern portion of the project site and consists of approximately 14 acres of land and will include community commercial uses. Representative uses within this PA include restaurants (including drive- thru), hotels, and commercial retail.

Planning Area II (PA-II) – Mixed-Use: PA-II occupies approximately 18.5 acres of the western portion of the project area, and will allow for a variety of uses, which may include commercial space and residential units. Representative uses within this PA include commercial, office, and residential.

Mixed-Use/Commercial Flex Zone Overlay: The Mixed-Use/Commercial Flex Zone Overlay is proposed to occur on approximately 9.5 acres in the center of the project area (overlaying Planning Areas I and II). The Mixed-Use/Commercial Flex Zone does not add additional acreage to the project area. The purpose of the mixed-use/commercial flex zone is to allow for a dynamic mix of residential and commercial uses while allowing creative flexibility to future developers and the ability to adapt to changing market conditions. Use mixes and density in the flex zone may change as appropriate to respond to market conditions and developer needs.
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Vehicular access to the site is proposed to occur from Monterey Avenue to the east, Dick Kelly Drive/Ginger Rogers Road to the south, and Via Vail to the west. Via V ail is currently proposed to extend from the existing terminus near the dog park, along the project’s northern boundary and terminate at Monterey Avenue. Currently, Monterey Avenue has been constructed to ultimate right-of-way width, while Dick Kelly Drive/Ginger Rogers Road and Via Vail (south and west of the project, respectively) are not developed. Primary access to the project will occur on Monterey Avenue at a new signalized intersection at the midpoint of the project frontage. New entry points on Ginger Rogers and Via Vail would occur as individual projects are proposed. Entries would include landscaping, entry signage and pedestrian walkway connections. The vehicular circulation system will consist of interior drive aisles that provide access to parking, loading, and service areas to serve future developments. The alignment of the internal circulation system will be determined as future implementing entitlement projects are proposed. Pedestrian links, such as interior pathways, greenways, and crosswalks are encouraged to connect future onsite uses.

The current general plan and zoning designation for the site is Community Commercial (C - C). The project proposes a General Plan Zoning Map Amendment (GPZMA) to amend the General Plan land use designation and zoning from C-C to Rancho Monterey Specific Plan with underlying zoning designations of C-C and Mixed-Use (M-U). C-C designations, as determined in the General Plan, provides for regional- or community-scale shopping centers and malls that may be anchored by several department stores or other large scale facilities as well as a variety of retail outlets, restaurant, and entertainment uses. Hotels (up to 150 keys) may also be appropriate on these lands. The community commercial center is intended to serve the entire community and the surrounding market area. M-U designations recognize the potential for thoughtfully planned, integrated commercial office, and residential uses.

Projects developed under this designation require a specific plan that typically include compatible design standards and must demonstrate shared internal circulation and complementary uses.

Along with the SPA and GPZMA, a Preliminary Development Plan (PDP) is also proposed to demonstrate the design guidelines required by the Specific Plan and to ensure quality architecture, landscape, and site design future development projects within the Specific Plan Amendment area follows the Development Plan Permit process as outlined in Chapter 17.42 of the Rancho Mirage Municipal Code. Additionally, a Lot Line Adjustment (LLA) may be necessary to adjust existing parcel lines to create the zoning boundary between M-U and C- C areas as well as providing a flexibility to adjust parcel acreages to facilitate future development projects. Project architecture, landscape design, and additional associated improvements will be subject to review and approval by the City of Rancho Mirage.

City Approval
• Specific Plan Amendment
• General Plan Zoning Map Amendment
• Preliminary Development Plan
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• Lot Line Adjustment
• Tentative Tract Map

Environmental Setting and Surrounding Land Uses

Jurisdiction General Plan/
Zoning Existing Use
Project Site Rancho Mirage C-C Vacant Infill Land
North Rancho Mirage C-C Monterey Marketplace Shopping
Center
East Rancho Mirage/
Palm Desert C-C Vacant Infill Land, Monterey Avenue,
Desert Gateway Shopping Center
West Rancho Mirage OS-PP/R-H Vacant Infill Land
South Rancho Mirage R-M Vacant Infill Land
General Plan/Zoning Designations: R-M Medium Density Residential. 4 du/ac; R-H High Density Residential, 9 du/ac; C-C Community Commercial; OS-PP Open Space Private Park.

Other public agencies whose approval is required

• Coachella Valley Water District
• State Water Resource Control Board
• Regional Water Quality Control Board

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I-10
VAR
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RAMON RD
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FRANK SINATRA DR
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COUNTRY CLUB DR

DINAH SHORE DR
MO
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Y

A
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FRED WARING DR

HOVLEY LN
EL
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42ND AVE
30TH AVE
MO
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I-10

HOVLEY LN

RANCHO MIRAGERANCHO MIRAGE

PALM DESERTPALM DESERT

CATHEDRAL CITYCATHEDRAL CITY

INDIAN WELLSINDIAN WELLS

VICINITY MAP
EXHIBIT 1

PROJECT SITE
0 5,000FT RANCHO MONTEREY8-42

MONTEREY SPECIFIC PLAN (MSP) AREA RANCHO MONTEREYEXHIBIT 2 Mo
n
t
e
r
e
y

A
v
e
n
u
e
Dick Kelly Drive
Dinah Shore Drive
Gerald Ford Drive
Ke
y

L
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Home Depot
Versailles
RANCHO

MONTEREY SPA
Regal
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Marketplace
Cinemas 16
Red
Robin
City of RM
Dog Park
N.T.S.

Exhibit Date: April 29, 2022
Legend:

Rancho Monterey Specific Plan Amendment
1991 Monterey Specific Plan Boundary Note: Land uses shown are superceded by City General Plan & Zoning (See Figure X)
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DICK KELLY DR.

MO
N
T
E
R
E
Y

A
V
E
N
U
E

CITY OFCITY OFRANCHO MIRAGERANCHO MIRAGE CITY OF CITY OF PALM DESERTPALM DESERT AERIAL PHOTOGRAPH RANCHO MONTEREYEXHIBIT 3

PROJECT SITE
0 300FT 8-44

SITE PLAN RANCHO MONTEREY EXHIBIT 48-45

CONCEPTUAL SITE RENDERING A RANCHO MONTEREYEXHIBIT 5 8-46

CONCEPTUAL SITE RENDERING B RANCHO MONTEREYEXHIBIT 68-47

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CHAPTER 2: ENVIRONMENTAL ANALYSIS AND DETERMINATION

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy Resources Geology /Soils Greenhouse Gas
Emissions Hazards & Hazardous
Materials
Hydrology / Water
Quality Land Use / Planning Mineral Resources
Noise Population / Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities / Service
Systems
Wildfire Mandatory Findings of
Significance

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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis).

2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.

3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.

4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross - referenced).

5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration.

Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.

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6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation:
________________________________________________________ Ben Torres, Planning Manager
City of Rancho Mirage
__________________
Date:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. 02/08/2023
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Environmental Checklist and Discussion:

The following checklist evaluates the proposed project’s potential adverse impacts. For those environmental topics for which a potential adverse impact may exist, a discussion of the existing site environment related to the topic is presented followed by an analysis of the project’s potential adverse impacts. When the project does not have any potential for adverse impacts for an environmental topic, the reasons why there are no potential adverse impacts are described.

1. AESTHETICS -- Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect
on a scenic vista?
b) Substantially damage scenic
resources, including, but not limited
to, trees, rock outcroppings, and
historic buildings within a state
scenic highway?

c) In non-urbanized areas,
substantially degrade the existing
visual character or quality of public
views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage point). If
the project is in an urbanized area,
would the project conflict with
applicable zoning or other
regulations governing scenic
quality?

d) Create a new source of
substantial light or glare, which
would adversely affect day or
nighttime views in the area?

Sources: Rancho Mirage General Plan, 2017; Rancho Mirage Municipal Code; Rancho Monterey Specific Plan Amendment.

Setting:

The perception and uniqueness of scenic vistas and visual character can vary according to location and composition of its surrounding context. The subjective value of views is generally affected by the presence and intensity of neighboring man–made improvements, such as structures, overhead utilities, and landscaping, often in relation to the aesthetic quality offered by a natural background that may include open space, mountain ranges, or 8-51

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a natural landmark feature. The proximity and massing of structures, landscaping and other visual barriers interact with the visibility of surrounding environments to restrict or enhance the value of local scenic views. The evaluation of scenic vistas takes into consideration the physical compatibility of proposed projects in relation to land uses, transportation corridors, or other vantage points, where the enjoyment of unique vistas may exist, such as residential areas or scenic roads.

The Rancho Mirage General Plan outlines the aesthetic qualities that define the City. The Rancho Mirage Municipal Code establishes development standards and guidelines the different zones within the City. The City’s General Plan and Municipal Code were consulted to determine whether the proposed project would result in impacts to aesthetics, including scenic vistas, scenic quality, and light and glare.

Discussion of Impacts:

a) Less than Significant Impact. The perception and uniqueness of scenic vistas and visual character can vary according to location and composition of its surrounding context. The subjective value of views is generally affected by the presence and intensity of neighboring man–made improvements, such as structures, overhead utilities, and landscaping, often in relation to the aesthetic quality offered by a natural background that may include open space, mountain ranges, or a natural landmark feature. The proximity and massing of structures, landscaping and other visual barriers interact with the visibility of surrounding environments to restrict or enhance the value of local scenic views. The evaluation of scenic vistas takes into consideration the physical compatibility of proposed projects in relation to land uses, transportation corridors, or other vantage points, where the enjoyment of unique vistas may exist, such as residential areas or scenic roads.

The project property occupies approximately 35 acres within the Monterey Specific Plan (MSP). The MSP was adopted in 1990 and is situated on approximately 320 acres south of Dinah Shore Drive, west of Monterey Avenue, north of Gerald Ford Drive, and east of Key Largo Drive. Currently the 35-acre project site is characterized by vacant land, located in Rancho Mirage’s General Plan Land Use/Zoning Community Commercial (C-C) designation. The project site exhibits a predominantly flat condition with scattered vegetative coverage, primarily associated with the Sonoran creosote bush scrub community. Overall, there are no salient topographic features or other natural visual landmarks on the project site, and the onsite characteristics and physical features do not contribute to a unique scenic vista.

Lands north of the project includes developed commercial uses including large commercial buildings such as the Home Depot. The project’s eastern boundary is delineated by Monterey Avenue. The Monterey Avenue frontage is developed with curb and gutter improvements, however, it does not include pedestrian sidewalks or landscaping. The area east of Monterey Avenue includes commercial uses withing the City of Palm Desert’s jurisdiction. The area immediately south of the project includes vacant and undeveloped lands, similar to that found at the project site. The future 8-52

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extension of Dick Kelly Drive (PD)/Ginger Rogers Road (RM) alignment is located along the project’s southern boundary, however, this roadway is not yet developed. Property west of the project is characterized by vacant and undeveloped lands. The vacant areas west and south of the project are defined by natural desert landscape with scattered, low-lying vegetation, similar to that found on the project site. The areas north, west, and south of the project are located within the MSP. Surrounding land use and zoning designations include Community Commercial (C-C) to the north and southeast, Public Park (OS-PP) and Residential High Density (R-H) to the west, and Residential Medium Density (R-M) to the south.

The hillsides and mountains surrounding the Coachella Valley are considered scenic resources. When viewed from the project site, the Santa Rosa Mountains are visible to south and the San Jacinto Mountains are visible to the west. However, existing buildings landscaping and manmade features partially obstruct the baseline views of these natural features. To the northwest and north, views of the San Gorgonio Mountains, San Bernardino Mountains, Little San Bernardino Mountains, and Indio Hills are distant and visible, however, views of the base of these mountains are obstructed by existing structures and landscaping. Exiting buildings, perimeter walls, hedges, planted trees of various sizes, and traffic lights collectively obstruct the views of the surrounding mountain ranges. However, the peak and mid-range views of the mountains are visible, depending on viewpoint location.

The project is surrounded by vacant land to the west and south and developed commercial land to the north and east. In its current vacant state, the project does not impair views of the surrounding scenic vista. The project proposes the development of a mix of uses including up to 150,000 square feet of commercial/retail space, up to 400 residential dwelling units or an approved combination of the two, and open space areas.

When observed from the surrounding properties and local roadways, the views of the surrounding mountain ranges are visible and partially obstructed, depending on viewpoint location. The following discussion analyzes the project’s potential impact on the surrounding scenic vistas from Monterey Avenue, as well as the properties to the north, west, and south.

Monterey Avenue (East)
The development of the project may partially obstruct views of the San Jacinto Mountains to the west and San Gorgonio Mountains to the northwest when viewed from Monterey Avenue (east of the project). However, the project proposes at least a 20-foot setback from Monterey Avenue. This proposed setback will reduce the potential impacts of buildings since they will not be located immediately adjacent to the Monterey Avenue frontage. According to the Specific Plan Amendment, landscaping along the length of Monterey Avenue is intended to achieve a consistent, colorful and attractive presentation and soften the project when viewed from the public street while also allowing visibility of commercial buildings and signage. The design guidelines and development standards established for the project site in the Specific Plan Amendment will work to reduce impacts of the project to scenic vistas when viewed from Monterey Avenue.

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Northern Properties
The properties north of the project consist of large commercial buildings (i.e., Home Depot, SJVC Rancho Mirage, and Pacific Sales Kitchen and Home). These existing buildings obstruct the views of the Santa Rosa Mountains to the south, and San Jacinto Mountains to the west, when viewed by pedestrians at the northern property.

Additionally, the buildings north of the project site are oriented away from the scenic vistas, so that they are regularly enjoyed at these buildings. With the foregoing, it can be concluded that the project will not impact views of the surrounding mountains from properties north of the project.

Western Properties
The area west of the project site are currently vacant and undeveloped. Views of the Santa Rosa Mountains to the south, San Jacinto Mountains to the west, San Gorgonio Mountains to the northwest, and San Bernardino Mountains, Little San Bernardino Mountains, and Indio Hills to the north will not be impacted by the pro posed project, due to the project’s orientation east of the west-lying property.

Southern Properties
The area south of the project site is also vacant and undeveloped, apart from a single residential property located approximately 350 feet south of the project boundary. Views of the Santa Rosa Mountains to the south, and San Jacinto Mountains to the west will not be impacted by the proposed project, due to the project’s orientation north of the south-lying property. However, views of the San Gorgonio Mountains to the northwest, and San Bernardino Mountains, Little San Bernardino Mountains, and Indio Hills to the north may be impacted by the proposed project due to the project’s location. However, project setbacks, buildings heights, and edge conditions, along with site design, will reduce the project’s impact of the views of the scenic vistas.

In addition to the foregoing, the project property is currently absent of any historic buildings, structures or other former permanent improvements that would hold any aesthetic value. Based on the existing conditions of the project property and the surrounding area, it is likely that historic buildings, structures, or other former permanent improvements were not present on the project site. Overall, impacts would be less than significant.

b) Less than Significant Impact. The purpose of the State Scenic Highway Program is to preserve and protect scenic State highway corridors from change that would diminish the aesthetic value of lands adjacent to highways. State highways can be officially designated as Scenic Highways or be determined to be eligible for designation. The status of a state scenic highway changes from eligible to “officially designated” when a local jurisdiction adopts a scenic corridor protection program, and the California Department of Transportation (Caltrans) approves the designation as a Scenic Highway.

Based on the Caltrans status map of scenic highway designations, Highway 111 is considered an Eligible State Scenic Highway, but is not officially designated. Highway 111 is located approximately 3.50 miles southwest of the proposed project. Based on the Circulation Element of the Riverside County General Plan, the project is not located 8-54

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within close proximity to any designated state or county scenic highway. Therefore, no impacts to those resources are anticipated.

According to the Rancho Mirage General Plan, Monterey Avenue is a view corridor (RMGP Exhibit 32). Currently, motorists and pedestrians traveling south on Monterey Avenue have generally unobstructed views of the Santa Rosa Mountains (south) and San Jacinto Mountains (west), apart from the existing landscaping, infrastructure, and buildings. To motorists traveling south along Monterey Avenue, baseline views of the Santa Rosa Mountains are partially obstructed by landscaping features and existing structures. As stated in discussion a) above, the development of the proposed project will not result in visual obstructions of the Santa Rosa Mountains when viewed by motorists traveling south on Monterey Drive due to the project’s location west of Monterey Drive.

Moreover, motorists and pedestrians traveling south on Monterey Avenue have distant and partially unobstructed views of the San Bernardino, Little San Bernardino, and Indio Hills to the north. Apart from the existing landscaping, infrastructure, and buildings, mid- range and peak views of these features are visible to motorists traveling north on Monterey Drive. Development of the proposed project will not result in visual obstructions of the San Bernardino, Little San Bernardino, and Indio Hills when viewed by motorists traveling north on Monterey Avenue.

Finally, Monterey Avenue provides views of the San Jacinto and San Gorgonio Mountains to the west and northwest, respectively. Depending on the viewpoint location along Monterey Avenue, views of these mountains are largely unobstructed. From the project site, views of these features are visible, due to the vacant character of the project site.

The project would result in the development of commercial, and residential land uses on the 35-acre project site, thus creating partially obstructed views of the scenic resources.

However, as stated in discussion a), above, the project proposes at least a 20-foot setback from Monterey Avenue. This proposed setback will reduce the potential impacts of buildings since they will not be located immediately adjacent to the Monterey Avenue frontage. According to the Specific Plan Amendment, landscaping along the length of Monterey Avenue is intended to achieve a consistent, colorful and attractive presentation and soften the project when viewed from the public street while also allowing visibility of commercial buildings and signage. The design guidelines and development standards established for the project site in the Specific Plan Amendment will reduce impacts of the project to scenic resources when viewed from Monterey Avenue.

Additionally, the property does not contain any landmarks such as trees or historic buildings, and based on historical maps, the project property has maintained a developed condition, and as such, is absent of any historic buildings, structures or other former permanent improvements that would hold any aesthetic value. Furthermore, the project is not located within close proximity to any designated scenic highways as identified by Caltrans or the County of Riverside General Plan. Therefore, the proposed project would not result in adverse impacts to scenic resources adjacent to, or in close proximity to state scenic highway or other local transportation corridors. Less than significant impacts are expected.
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c) Less than Significant Impact. The proposed project is located in an urbanized area within the City of Rancho Mirage, with some infill and vacant parcels in the local vicinity. Areas surrounding the project site consist of commercial buildings and shopping centers to the north and east, and vacant, undeveloped land to the west and south. Residential properties and communities are located west and south of the project, with the closest residential property being located approximately 350 feet southwest of the project. The surrounding developed areas include well-maintained landscaping, building frontages, public and pedestrian areas, and roadways. The existing land uses contribute to the scenic quality of the area.

In its existing condition, the project property is vacant and undeveloped. The site exhibits a predominantly flat topography with scattered desert vegetation. Monterey Avenue delineates the project’s eastern boundary and is developed with curb and gutter improvements and a traffic signal at the project’s southeast corner.

The project site is located within the Monterey Specific Plan (MSP) area, which was adopted in 1990 and covers approximately 320 acres west of Monterey Avenue and north of Gerald Ford Drive. The project proposes the development of a mixe d-use community consisting of commercial, residential, hotel, and open space uses at the eastern boundary of the SP. In order to allow the proposed uses, the project will submit the Rancho Monterey Specific Plan Amendment (SPA), which will act as the governing document for the 35-acre project area.

Although the project site is located within the MSP area, which was adopted in 1990, the scenic/design quality in the project area, and areas north, west, and south of the site, is governed by the Rancho Mirage General Plan (Update 2017), since it is a more recent planning document established for the City. Therefore, the following discussion will analyze the project’s consistency with the goals and policies established in the Rancho Mirage General Plan (RMGP) governing scenic quality in the City. The Community Design Element of the RMGP defines the important design goals and guides new development to enhance Rancho Mirage’s identity. The Community Design Element outlines goals and policies designed to improve the image, character, and quality of life within the City. The table below outlines the various goals and policies established in the Community Design Element of the RMGP, and determines whether the project is consistent, not consistent, or not applicable with the RMGP.

Table I-1
Project Consistency with Rancho Mirage General Plan Goals General Plan Goal/Policy Project Consistency
Goal CD 1: Preservation and promotion of the special identity of Rancho Mirage as an “Oasis in the Desert,” combining quality development with scenic, natural, and open space amenities
Policy CD 1.1: Rancho Mirage’s
symbolic identity shall be enhanced
Consistent: Chapter 4 of the Rancho Monterey
Specific Plan outlines design guidelines to
identify unifying elements for design of site
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through distinct signage, gateways,
architecture, and resilient landscaping.
planning, permanent buildings and landscaping
within the Rancho Monterey Specific Plan
Amendment (SPA). These guidelines ensure
compatibility with the surrounding community
and promote high-quality design within the SPA
area. The SPA’s comprehensive approach
represents a more understandable and
predictable role in shaping the physical future by
emphasizing building form and landscape
design.

Policy CD 1.2: Unique views of
mountains and other natural open
spaces from Rancho Mirage’s streets
shall be preserved and enhanced.

Consistent: As determined in discussion a),
above, the project would not result in significant
impacts to views of the Santa Rosa Mountains,
San Bernardino Mountains, Little San Bernardino
Mountains, and Indio Hills when viewed from
Monterey Avenue. However, views of the San
Jacinto Mountains and San Gorgonio Mountains
may be partially obstructed by the project site
when viewed from Monterey Avenue. Since the
project site is currently vacant and undeveloped,
development of the project would result in visual
obstructions to these natural landforms.

However, the project proposes a 250-foot height
limit buffer zone off Monterey Avenue and a 100-
foot height limit buffer zone off Ginger Rogers
Road (page 15 SPA). All development within the
Monterey Avenue buffer Zone will be limited to
20 feet (1-story) from finished grade. These
height restrictions will minimize impacts to the
views of the mountains. Additionally, proposed
landscaped features along Monterey Avenue will
enhance the project’s frontage along the
roadway. The City of Rancho Mirage will review
landscape plans prior to the development of the
project. See discussion a) of this Aesthetics
section for additional analysis.

Policy CD 1.3: Adopt and implement
guidelines for commercial development,
architectural quality, people-gathering
places, pedestrian amenities,
landscaping, screened parking, quality
signage, and building materials.

Consistent: The project applicant will submit the
Rancho Monterey SPA to the City for approval.

The SPA will replace this portion of the existing
Specific Plan and establish site-specific
development standards, land use regulations,
and programs to guide the development of the
property in a manner that is consistent with the
Rancho Mirage General Plan while also
maintaining flexibility to respond to changing
conditions that factor in any long-term
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development. Chapter 4 of the SPA establishes
design guidelines for the project area, governing
site plan, architectural design, and landscape
design, along with establishing guidelines for
people-gathering places, parking, signage, and
building materials
Policy CD 1.4: The planning and design
of residential neighborhoods shall
provide distinctive and characteristic
design elements along public rights-of-
way and in the project, creating a
recognizable sense of place.

Consistent: The SPA proposes residential uses
within the project area. As stated in the analysis
for Policy CD 1.3, above, the SPA establishes
design guidelines for the project area.

Additionally, the landscape at the Rancho
Monterey SP will support the goals of the master
plan through visually cohesive landscaped
spaces within the contemporary village.

Landscape areas will provide a sense of arrival,
offer clear and safe pathways for
interconnectivity, and invite visitors to stay while
providing a level of visual continuity.

Policy CD 1.5: Multi-family residential
projects shall provide well-designed
and neighborhood enhancing living
space, usable and safe private and
common open space areas, adequate
parking and appropriate automobile
storage, screened trash enclosures, a
comprehensive landscape program, and
perimeter walls and fencing.

Consistent: The project proposes up to 400
residential dwelling units within the project area.

The residential dwellings could include
multifamily and senior apartments. The Specific
Plan Amendment provides design guidelines
(Chapter 4) that governs the site plan design,
architectural design, and landscape design within
the project area. Future developers would be
required to adhere to the design guidelines
established in the Specific Plan Amendment.

Goal CD 2: Clearly marked major entry points into Rancho Mirage that incorporate distinctive landscaping, signage, and wall treatments achieving a sense of arrival and symbolizing Rancho Mirage’s identity.

Policy CD 2.1: The City shall distinguish
important gateways into Rancho
Mirage.

Not Applicable: Per Exhibit 32 in the RMGP, the
project site is not located in a major entry point
or gateway. However, the closest major entry
point and gateway is located at the intersection
of Monterey Avenue and Dinah Shore Drive,
approximately 0.25 miles north of the project.

The project will include signage that establishes
the entry locations of the project area, consistent
with the goals of the General Plan.

Goal CD 3: Scenic roadways that impart a sense of place and are attractively landscaped, provide visual continuity along adjacent uses, preserve views, and create focused intersection landscaping.

Policy CD 3.1: The City shall develop
and maintain high-quality roadways that
frame views, buffer surrounding
Consistent: As stated in discussion b), above,
Monterey Avenue is considered a view corridor
in the City of Rancho Mirage. This right-of-way is
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residential development, and enhance
commercial uses.
also developed to ultimate right-of-way. The
Monterey Avenue street frontage is developed
with curb and gutter improvements, however, it
does not include pedestrian sidewalks or
landscaping. Dick Kelly Drive/Ginger Rogers
Road (south) and Via Vail (west) are both
currently undeveloped and will be built to 60-
foot and 88-foot ultimate right-of-way,
respectively, per the Section 30 Master
Circulation Plan. Additionally, the project
proposes height limit buffer zones which restricts
building heights within 250 feet of Monterey
Avenue and 100 feet of Ginger Rogers Road. This
will minimize the impact of building heights on
views observed along these rights-of-way.

Policy CD 3.2: The City shall ensure the
development of well-designed, richly
landscaped intersections that are
attractive to drivers and pedestrians
alike.

Consistent: Landscaping along the length of
Monterey Avenue is intended to achieve a
consistent, colorful and attractive presentation
and soften the project when viewed from the
public street while also allowing visibility of
commercial buildings and signage. Landscaped
design guidelines are provided in Section 4.4 of
the SPA. Also See discussion for Policy CD 3.1.

Policy CD 3.3: View corridors shall be
preserved through streetscape
improvements and specialized design
standards.

Consistent: See discussions for Policy CD 3.1,
and Policy CD 3.2, above.

Goal CD 4: A landscape program that promote aesthetics climate change resistance, and place making.

Policy CD 4.1: Landscape plans
submitted to the City shall be consistent
with this element.

Consistent: Section 4.4 of the SPA outlines
landscape design guidelines for the project area.

This section establishes the proposed landscape
character, pedestrian experience, entries and
gateways, social gardens and parks, signature
style, shade, and perimeter and internal streets.

Section 4.4 also states that landscaping and
irrigation plans and system shall comply with all
City ordinances relating to water efficiency and
shall be an automatic system with an irrigation
timer and two drip or bubbler heads per tree to
produce deep root irrigation. Additionally,
landscape lighting will include tree and shrub up
lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED
fixtures.
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Goal CD 5: Walls and fences that act as attractive elements of the streetscape, while providing privacy and views, creative design, and visual continuity Policy CD 5.1: Wall and fence designs
shall be considered important
components of the design review
process and overall streetscape
improvement plans.

Consistent: Wall and fence designs are
established in Section 4.4 of the SPA. Per the
SPA, landscape buffers with screen plantings and
wall treatments will be implemented in the
design throughout the project.

Goal CD 6: Signage of the highest level of design and construction quality.

Policy CD 6.1: The City shall encourage
high-quality, low-scale signage that
effectively communicates in an
attractive manner.

Consistent: Per Chapter 4, Design Guidelines, of
the Specific Plan Amendment, all exterior signage
will be subject to review according to the
provisions of Section 17.28.040 of the Rancho
Mirage Municipal Code.

Goal CD 7: Protection of the star-studded desert night sky from excessive glare.

Policy CD 7.1: Lighting features that
preserve the beauty of the desert night
while still performing directional, safety,
and informational functions shall be
designed and incorporated into
development projects.

Consistent: Per Section 4.4, Landscape Design
Guidelines, of the Specific Plan Amendment,
landscape lighting will include tree and shrub up
lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED
fixtures. The selective use of up lights will be
limited to high-profile specimen tree and shrubs
and will be shielded to reduce glare and hot
spots. There shall be zero lumen foot candle for
all exterior lighting at any property line of
abutting properties and/or public right-of-way.

Lighting for landscaping, pathways and
stairways, monuments and signs shall be
installed as needed for security and safety
purposes.

Goal CD 8: Architecture that us sensitive to its context, blending quality materials, distinctive detailing, and a strong sense of living with nature.

Policy CD 8.1: The City shall encourage
cohesive yet flexible architectural
design for all structures in Rancho
Mirage.

Consistent: See discussion for Policy CD 1.1,
above.

Policy CD 8.2: The City shall encourage
new development to incorporate “green
building” practices to maximize
resource conservation and be
compatible with the surrounding
environment.

Consistent: Per Section 4.3, Architectural Design
Guidelines, energy efficiency is encouraged
through the use of window overhangs, arcades,
solar water heating, advanced heating and
cooling systems, or other conservation measures.

See discussion for Policy CD 7.1 also.

Goal CD 9: Retail centers in Rancho Mirage that are visibly attractive, people friendly, and economically successful.

Policy CD 9.1: Projects shall incorporate
architectural interest and variety in the
context of a unified setting, including
Consistent: Per SPA Section 4.3, Architectural
Design Guidelines, the guidelines are intended to
ensure high level architectural quality and
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commonalities of color, landscaping,
signage and lighting. Strong
architectural detailing including façade
articulation and varied building
materials, colors, and massing shall be
encouraged.
creative design for development within the
Rancho Monterey Specific Plan Amendment.

These guidelines do not promote a specific
architectural style but rather establish guidelines
that direct building form, massing, and high-
quality architectural details. This Specific Plan
allows for a wide range of commercial,
residential, and hospitality uses. It is therefore
anticipated that the site will be developed with a
range of architectural styles, materials, and
building types. The guidelines established in this
section will ensure that all development within
this Specific Plan is complementary within the
Specific Plan and with the surrounding
community. All projects within this Specific Plan
Amendment must be consistent with the design
guidelines and features covered in this section.

The following guidelines will create a design
framework to help developers and the City
implement the project.

Policy CD 9.2: Projects shall provide
comfortable, attractive, and distinctive
pedestrian amenities including sitting
areas, shade structures, plazas, and
arcades.

Consistent: Per Chapter 4 of the SPA, providing
shade for both pedestrians and vehicles is
required in the local desert climate. Parking areas
shall focus on effective shade through a
consistent use of canopy trees that thrive in the
desert environment. Shaded walkways will
promote comfortable connections to each
district. Utilizing a variety of evergreen and
deciduous trees at seating areas will provide
seasonally adapted shade. Additionally, Metal
and fabric awnings and shade structures are
encouraged as much as possible to create
another layer to the architecture and provide
additional shade opportunities.

Policy CD 9.3: The City shall encourage
the incorporation of arcades and
covered paseos in the design of retail
commercial structures.

Consistent: See discussion for Policy 9.2, above.

Policy CD 9.4: Projects shall incorporate
a sense of playfulness into the design of
public places with public art, accent
lighting and focal landscape features.

Consistent: Per section 4.4 of the SPA, landscape
areas will provide a sense of arrival, offer clear
and safe pathways for interconnectivity, and
invite visitors to stay while providing a level of
visual continuity. An emphasis will be placed on
pedestrian-oriented experiences that incorporate
a mix of materials, complementing the adjacent
architecture. Water elements are encouraged
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near seating areas to enhance the visitor
experience.

Policy CD 9.5: Projects shall design
highly visible entrances through accent
landscaping, monument signs, back
lighting, specialized paving, and other
design amenities.

Consistent: Per Section 4.4, Landscape Design
Guidelines, the landscape design for Entries and
Gateways shall utilize a hierarchy that provides
visually prominent planting for inviting and
guiding, and a more visually receding landscape
for more functional spaces.

Some guiding ideas:
▪ Resort-style palm trees at retail/hotel entries
▪ Desert shade trees at medical/ office entries
and parking areas
▪ Formal use of planting at entries, gateways and
transition areas
▪ Large evergreen shade trees and palms at
plazas and seating areas
Policy CD 9.6: Projects shall incorporate
rich and varied paving materials on
entry driveways, pedestrian connections
from parking areas, pedestrian paths
along storefronts, and in plazas and
courtyards.

Consistent: See discussions for Policy 9.4 and
Policy 9.5, above.

Policy CD 9.7: Monument, retail, and
directional signs shall use accent
lighting.

Consistent: See discussion for Policy 6.1, above.

Policy CD 9.8: Projects shall incorporate
monument signs near corners or
entrances to retail centers.

Consistent: See discussions for Policy 6.1 and
Policy 7.1, above.

Policy CD 9.9: Service bay doors,
necessary for tire stores, service
stations, lube shops, and car washes,
should be oriented away from public
streets and screened from neighboring
properties.

Consistent: Chapter 4 of the SPA established site
design, architectural design and landscape
design proposed for the project. Service
operations are permitted in Planning Area I
(Community Commercial) with the approval of a
conditional use permit. The City will review and
approve site design and building orientation if
service operations are proposed within the
project.

Goal CD 10: Distinctly designed parking areas in Rancho Mirage’s commercial centers that incorporate rich paving materials, drought and heat-tolerant landscaping, clear and safe pedestrian and vehicular access, and protection from the desert climate through the use of well-placed trees and/or carports.

Policy CD 10.1: The City shall
encourage layered landscaping with
overstory canopy trees for shade and
understory shrubs and groundcover in
parking areas.

Consistent: Per Section 4.4, Landscape Design
Guidelines, providing shade for both pedestrians
and vehicles is required in the local desert
climate. Parking areas shall focus on effective
shade through a consistent use of canopy trees
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that thrive in the desert environment. Shaded
walkways will promote comfortable connections
to each district. Utilizing a variety of evergreen
and deciduous trees at seating areas will provide
seasonally adapted shade.

Policy CD 10.2: Projects shall configure
parking areas to allow for the free flow
of vehicular traffic and convenient
vehicular access to customers.

Consistent: Per Section 2.4, Circulation, of the
SPA, vehicular access to the site is proposed
from Monterey Avenue, Dick Kelly Drive/Ginger
Rogers Road, and Via Vail. The primary entry
would occur on Monterey Avenue at a new
signalized intersection at the midpoint of the
project frontage. New entry points on Ginger
Rogers and Via Vail would occur as individual
projects are proposed. Entries would include
landscaping, entry signage and pedestrian
walkway connections. Additionally, sufficient off-
street parking will be provided to serve each use.

Parking standards for the Specific Plan are
subject to City Review and to be consistent with
City of Rancho Mirage Code Section 17.26
(PARKING AND LOADING STANDARDS).

Policy CD 10.3: The City shall
encourage the incorporation of
permeable paving in new parking lots.

Consistent: Per Section 2.7, Grading and
Drainage, of the SPA, site grading will create
building pads and parking areas while intending
to keep the earthwork balanced on site. Because
the site is relatively level, grading design will not
deviate greatly from existing conditions and will
be defined in greater detail as subsequent
entitlement projects are proposed. Grading will
achieve positive surface flows and protect all
structures and physical improvements from the
100-year storm through surface runoff into
retention basins either above or below the
finished surfaces.

The requirement of permeable paving may be
established during project design and review. If
required, it will be established in the future for
individual project’s conditions of approval.

Policy CD 10.4: The City shall
encourage the landscaping of parking
areas to reduce the deflection of heat
into nearby buildings and to reduce the
paved surface area. Shade trees and
architecturally designed carports are
especially encouraged.

Consistent: See discussion for Policy 10.1,
above.
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Policy CD 10.5: Lighting shall be
directed downward to protect from
nighttime glare and illuminate
pedestrian pathways with bollard
lighting.

Consistent: See discussion for Policy 7.1, above.

Policy CD 10.6: Projects shall provide
directional and identification signs in
contiguous parking areas one acre or
greater in size to facilitate pedestrian
movement to and from parked vehicles.

Consistent: See discussions for Policy 6.1 and
Policy 7.1, above.

Goal CD 11: Parking areas that are screened from public streets to the greatest extent possible.

Policy CD 11.1: Parking shall be
screened from roadways by
encouraging landscaped medians,
berms, trellises, grade changes, or
placement behind buildings.

Consistent: Per section 4.4 of the SPA, perimeter
streets and edge conditions shall include
landscape screening and buffering for
successfully integrating into the surrounding
area. Monterey Avenue will include a 25-foot
landscape area with 8-foot meandering sidewalk.

Goal CD 12: A city that is noted for lively and attractive public plazas with a combination of quality seating, shade, various art mediums, and other pedestrian amenities.

Policy CD 12.1: Commercial
developments shall be designed to
incorporate attractive, people-friendly
spaces.

As indicated above, the Specific Plan Amendment emphasizes certain key design elements which will contribute significantly to the visual order and consistency of the entire Specific Plan area. The guidelines express the desired character of future development. The design features subject of Section 4 includes site planning, architecture, landscape design, hardscape elements, parking, and signage lighting. The intent of the guidelines must be met for a project to be approved during the Development Plan Review process. The Design Guidelines in the SPA are intended to be flexible and are illustrative in nature in order to respond to changes in the market or community. Per the table above, the proposed project is consistent with the General Plan’s existing goals and policies governing scenic quality in the City of Rancho Mirage.

In addition to the General Plan, the City’s Zoning Ordinance in the Rancho Mirage Municipal Code (RMMC) also governs the scenic quality of the various zones within the City. The project site is located within Rancho Mirage’s Community Commercial (C-C) land use and zoning designation. As previously stated, the project is proposing the submittal 8-64

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of a Specific Plan Amendment, to amend the existing land use and zoning designation from C-C to C-C and Mixed-Use (M-U). The Specific Plan Amendment would supersede the current zoning designations on the project site and act as a developmental guide for the project. The proposed SPA will set forth the planning areas, land use policies, development standards, and design guidelines for the project. The Rancho Monterey SPA will address minimum development densities, as shown in the tables below. All development on the project shall adhere to the standards and requirements set forth in the SPA. The SPA’s development standards vary from the standards of the Zoning Ordinance. However, as shown in the table, the variations are not substantial, when compared to the existing standards within the RMMC. Title 17, Zoning, of the RMMC was consulted in order to compare the development standards proposed for the project with the existing standards established for the City of Rancho Mirage. Title 9, and development standards associated with Commercial districts were utilized to determine whether project development would result in significant impacts.

Table I-2 PA-I and PA-II Development Standards
SPA RMMC C-C Zones RMCC M-U Zones
Gross Lot Area -- 15 ac 5 ac
Lot Coverage Maximum 35 % 35% 35 %
Setbacks
From Monterey Ave. 20 ft -- --
Front 25 ft 25 ft 25 ft
Side (each) 20 ft 20 ft 25 ft
Street Side 25 ft 25 ft 25 ft
Rear 25 ft 25 ft 25 ft
Accessory Structures See RMMC Section 17.30.190 (Accessory Uses & Structures) Distance Between Structures 10 ft 20 ft 20 ft
Max. Height – Multifamily
Residential 44 ft / 3 stories
20 ft / 1 story,
whichever is less
20 ft / 1 story,
whichever is less Max. Height – Hotel 50 ft / 4 stories Max. Height – Office 40 ft / 3 stories
Max. Height – Retail 20 ft / 1 story
Notes: 1. See additional height requirements (RMMC Section 17.20.100(A)).

2. These dimensions vary and will be determined during development plan permit review

3. The SPA includes a 250-foot height limit buffer zone off Monterey Avenue and a 100-foot height limit buffer zone off Ginger Rogers Road. All development within the Monterey Avenue buffer zone and the Ginger Rogers buffer zone will be limited to 20 feet/1 story at finished grade.

As demonstrated in the table above, the proposed project would not result in a significant change to the City’s established Municipal Code development standards in Community Commercial and Mixed-Use zones. The project proposes the same maximum lot coverage (35%) and front, side, streetside and rear setbacks. The project would result in shorter distances between structures, as well as an increased building height allowed for the residential, hotel and office uses. Increased building heights would allow for buildings, structures and densities that are typical for multifamily residential units and 8-65

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hotel uses. As mentioned previously, building setbacks, spacing and orientation will be considered during plan review to accommodate views to the extent practicable.

The SPA sets forth the planning areas, land use policies, development standards and design guidelines for the proposed project. The SPA, if adopted by the City Council of Rancho Mirage, acts as a regulatory document which serves as a site-specific zoning document for the project, including the distribution of land uses, location and sizing of supporting infrastructure, as well as development standards and regulations for uses within the project. All development on the project site shall adhere to the standards and requirements set forth in the Specific Plan, and as demonstrated above, those standards will not substantially differ from the Zoning Ordinance.

As indicated above, the development regulations and design guidelines established in the Specific Plan Amendment will be consistent with the goals and policies in the Rancho Mirage General Plan and City Municipal Code. Project architecture, landscape design, and additional associated improvements will be subject to review and approval by the City of Rancho Mirage. Less than significant impacts are anticipated.

d) Less than Significant Impact. The project site, located west of Monterey Avenue and north of the future Dick Kelly Drive/Ginger Rogers Road extension, is currently undeveloped and vacant. The project property lacks any structural or lighting improvements; therefore, it does not constitute an existing source of glare or light. In the project surroundings, existing sources of fixed nighttime lighting can be attributed to the existing commercial uses located north and east of the project site. Lighting associated with commercial areas typically consist of wall- and post-mounted, downward-oriented fixtures at commercial building entrances, and in parking areas to provide illumination for pedestrians.

Commercial lighting also consists of landscape lighting and illuminated signage to indicate the retailer. Monterey Avenue is the closest roadway to the project site, however, this roadway is not improved with street light posts. The closest traffic signal to the project site is located roughly at the project’s southeast corner, at the Monterey Avenue and Dick Kelly Drive intersection. Additionally, day-time glare and nighttime lighting can be attributed to existing vehicular traffic.

The proposed project would utilize the vacant property for the development mix of up to 150,000 square feet of commercial/retail space, and up to 400 residential dwelling units or an approved combination of the two. The project also proposes open space areas and retention areas, in addition to paved drive aisles, parking spaces, pedestrian pathways, and landscaping. The project will be consistent with the physical character intended for Community Commercial and Mixed-Use land uses per page 10 of the City’s General Plan. The project includes nighttime lighting to safely illuminate the site entrances, signage, parking, walkways and other project features with the appropriate fixtures.

Landscape lighting will include tree and shrub up lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED fixtures. The selective use of up lights will be limited to high-profile specimen tree and shrubs and will be shielded to 8-66

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reduce glare and hot spots. There shall be zero lumen foot candle for all exterior lighting at any property line of abutting properties and/or public right-of-way. Lighting for landscaping, pathways and stairways, monuments and signs shall be installed as needed for security and safety purposes. additionally, signage that is visible from outside the project will be subject to review according to the provisions of Section 17.28.040 of the Rancho Mirage Municipal Code (RMMC).

These requirements are established to ensure that proposed development includes a minimum uniformity of light coverage, while minimizing light trespass. Sources of low- intensity lighting will consist of wall-mounted fixtures for the dwelling unit exteriors and landscaping illumination throughout the interior walkways, consistent with Section

17.26.120 of the RMMC. The project’s lighting plan and proposed fixtures will be subject to review and approval by the City of Rancho Mirage.

Pertaining to glare and reflectivity, the project SPA encourages a variety of materials from wood, metals, stonework and plaster textures with a palette of neutrals and earth tones. The proposed project will include high quality materials that perform well in desert environments, and building color and material should be consistent and complimentary within the project and surrounding environment. The proposed project will not include colors or finishes that have highly reflective properties or other surface conditions that would cause substantial daytime or nighttime glare. With the proposed landscape plan that includes a strategic placement of trees, palms, shrubs, groundcover, and accent plantings, the potential visibility of nighttime light sources and building surfaces is expected to be partially screened. Less than significant impacts are expected.

Mitigation Measures:

None

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2. AGRICULTURE AND FORESTRY
RESOURCES –
In determining whether impacts to
agricultural resources are significant
environmental effects, lead agencies
may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared
by the California Dept. of
Conservation as an optional model to
use in assessing impacts on
agriculture and farmland. Would the
project:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?

b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?

c) Conflict with existing zoning for, or
cause rezoning of forest land,
timberland, or timberland zoned
Timberland Production?

d) Result in the loss of forest land or
conversion of forest land to non
forest use?

e) Involve other changes in the
existing environment which, due to
their location or nature, could result
in conversion of Farmland, to
non-agricultural use?

Source: Farmland Mapping and Monitoring Program, California Department of Conservation, accessed March 2022. Rancho Mirage General Plan 2017.

Setting:

California Land Conservation Act of 1965
The California Land Conservation Act of 1965 (the “Williamson Act”) encourages the preservation of agricultural lands through tax incentives due to the increasing trend toward the conversion of agricultural lands and urban uses. The act enables counties and cities to designate agricultural preserves (Williamson Act lands) and within these preserves, offer preferential taxation to agricultural landowners based on the agricultural income producing 8-68

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value of the property. There are no active or permitted quarries identified within the City of Rancho Mirage’s General Plan area; however, approximately 582 acres of land in the City’s Sphere of Influence, have been set aside for farmland conversion under the Williamson Act provisions.

State Farmland Mapping and Monitoring Program
The California Department of Conservation (DOC) established the Farmland Mapping and Monitoring Program (FMMP) in 1982 as a non-regulatory program that provides a consistent and impartial analysis of agricultural land use and land use changes throughout California.

The FMMP produces maps and statistical data used for analyzing impacts on California’s agricultural resources. Prime agricultural land is rated according to soil quality and irrigation status and identified by the following categories: Prime Farmland, Unique Farmland, Farmland of Statewide Importance, Farmland of Local Importance, Urban and Built-Up Land, and Other Land. Each category is described as follows:

• Prime Farmland: areas with both good physical and chemical attributes able to sustain long-term agricultural production.
• Farmland of Statewide Importance: areas that have a good combination of physical and biological characteristics for producing food, feed, forage, fiber, and oilseed crops, and is available for these uses.
• Unique Farmland: areas that produce crops of statewide importance; however, contain lower quality soils than those within Prime Farmland. • Farmland of Local Importance: lands generally without irrigation, and which produce dry crops that may be important locally but are not important for statewide agriculture production.
• Urban Built-Up Land: areas occupied by structures with a building density of at least 1 unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. • Other Land: areas of land not included in any other mapping category.

The project site and the City of Rancho Mirage area is characterized by the urban context, primarily consisting of residential and commercial developments.

Discussion of Impacts:

a-e) No Impact. The proposed project will not disturb or convert any designated farmland or other form of agricultural resources. According to the 2016 California Farmland Mapping and Monitoring Program (FMMP) the proposed project is located in a portion of Rancho Mirage designated as Other Land. Other Land is defined as land not included in any other mapping category. The subject site and the properties to the west and south are classified as Other Land, while properties north and east of the project are classified as Urban and Built-Up Land. Urban and Built-up Land, as defined by the Department of Conservation, is occupied by structures with a building density of at least one unit to 1.5 acres, or approximately 6 structures to a 10-acre parcel. Typical examples include residential, industrial, commercial, institutional facilities, to name a few. The surrounding land to the north, east, and south are also designated as Urban and Built-up Land, while 8-69

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the area west of the project site, the Santa Rosa foothills, is designated as Other Land.

The City of Rancho Mirage is primarily defined by Urban and Built-Up Land and land designated as Other. These FMMP land designations do not support agricultural uses.

The project site is not located in an existing zoning for agricultural use or classified as farmland. The City General Plan designates the subject property with a zoning of Community Commercial (C-C), which is applied to areas appropriate for a variety of smaller commercial centers, specialty retail shops, including, but not limited to, a broad range of specialty retail shops, clothing and apparel, jewelry stores, and personal service businesses on sites generally two to eight acres in size.

According to the Williamson Act 2015-16 Status Report, no portion of the land within or near a one-mile radius is recognized as a Williamson Act Contract area. Furthermore, no forest land, timberland, or Timberland Production zone occurs on the project site or in the surrounding areas. The proposed project will not impact or remove land from the City or the County’s agricultural reserve. No impacts are expected.

Mitigation Measures:

None

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3. AIR QUALITY – Where available,
the significance criteria established
by the applicable air quality
management or air pollution
control district may be relied upon
to make the following
determinations. Would the project:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Conflict with or obstruct
implementation of the applicable
air quality plan?

b) Result in a cumulatively
considerable net increase of any
criteria pollutant for which the
project region is non-attainment
under an applicable federal or state
ambient air quality standard?

c) Expose sensitive receptors to
substantial pollutant
concentrations?

d) Result in other emissions (such
as those leading to odors adversely
affecting a substantial number of
people?

Setting

Summary of Existing Air Quality Regulatory Framework:

The project site and Coachella Valley regional context are situated within the Riverside County portion of the Salton Sea Air Basin (SSAB), under jurisdiction of the South Coast Air Quality Management District (SCAQMD) and the adopted 2016 Air Quality Management Plan (2016 AQMP). The 2016 AQMP serves as a regional blueprint toward achieving the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) with the most current strategies to effectively reduce emissions, accommodate growth, and minimize any negative fiscal impacts of air pollution control on the economy.

The 2016 AQMP also accounts for information and assumptions from the 2016 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) to support the integration of land use and transportation toward meeting the federal Clean Air Act requirements. Local air quality in relation to the applicable standards for criteria air pollutants is measured three established Coachella Valley monitoring stations that are part of the SCAQMD Monitoring Network Plan: Palm Springs (AQS ID 060655001), Indio (AQS ID 060652002), and Mecca 8-71

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(Saul Martinez - AQS ID 060652005). The 2016 AQMP also provides guidance for the State Implementation Plans (SIP) for attainment of the applicable ambient air quality standards.

Particulate Matter (PM10):

As indicated in the 2016 AQMP, the Coachella Valley is currently designated as a serious nonattainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). In the Coachella Valley, the man-made sources of PM10 are attributed to direct emissions, industrial facilities, and fugitive dust resulting from unpaved roads and construction operations. High-wind natural events are also known contributors of PM10. The Clean Air Act (CAA) requires those states with nonattainment areas to prepare and submit the corresponding State Implementation Plans (SIPs) to demonstrate how these areas will attain the National Ambient Air Quality Standards (NAAQS). The implementation strategies include modeling, rules, regulations, and programs designed to provide the necessary air pollutant emissions reductions.

Pertaining to PM10 attainment, the Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP) was approved by the U.S. Environmental Protection Agency (EPA) on December 14, 2005. It incorporated updated planning assumptions, fugitive dust source emissions estimates, mobile source emissions estimates, and attainment modeling with control strategies and measure commitments. Some of those measures are reflected in SCAQMD Rules 403 and 403.1, which are enacted to reduce or prevent man-made fugitive dust sources with their associated PM10 emissions. The CVSIP established the controls needed to demonstrate expeditious attainment of the standards such those listed below:

• Additional stabilizing or paving of unpaved surfaces, including parking lots; • A prohibition on building new unpaved roads;
• Requiring more detailed dust control plans from builders in the valley that specify the use of more aggressive and frequent watering, soil stabilization, wind screens, and phased development (as opposed to mass grading) to minimize fugitive dust; • Designating a worker to monitor dust control at construction sites; and • Testing requirements for soil and road surfaces.

On February 25, 2010, the ARB approved the 2010 Coachella Valley PM10 Maintenance Plan and transmitted it to the U.S. EPA for approval. With the recent data being collected at the Coachella Valley monitoring stations, consideration of high-wind exceptional events, and submittal of a PM10 Re-designation Request and Maintenance Plan, a re-designation to attainment status of the PM10 NAAQS is deemed feasible in the near future according to the 2016 AQMP.

Ozone and Ozone Precursors:

The Coachella Valley portion of the Salton Sea Air Basin (SSAB) is deemed to be in nonattainment for the 1997 8-hour ozone standard. Coachella Valley is unique in its geography due to its location downwind from the South Coast Air Basin (SCAB). As such, when high levels of ozone are formed in the South Coast Air Basin, they are transported to 8-72

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the Coachella Valley. Similarly, when ozone precursors such as nitrogen oxides (NOx) and volatile organic compounds (VOCs) are emitted from mobile sources and stationary sources located in the South Coast Air Basin, they are also transported to the Coachella Valley. It is worth noting that SCAQMD has found that local sources of air pollution generated in the Coachella Valley have a limited impact on ozone levels compared to the transport of ozone precursors generated upwind in SCAB.

The U.S. EPA classifies areas of ozone nonattainment (i.e., Extreme, Severe, Serious, Moderate or Marginal) based on the extent to which an area exceeds the air quality standard for that pollutant. The higher the exceedance level, the more time is allowed to demonstrate attainment in recognition of the greater challenge involved. However, nonattainment areas with the higher classifications are also subject to more stringent requirements. In the 2016 AQMP, the attainment target date for the 1997 8-hour ozone standard was listed as June 15, 2019. However, based on recent data for higher levels of ozone experienced in 2017 and 2018, it was determined that the Coachella Valley region could not practically attain the said standard by the established deadline. Given that additional time is needed to bring the Coachella Valley into attainment of the ozone standard, SCAQMD submitted a formal request to the United States Environmental Protection Agency (U.S. EPA) to reclassify the Coachella Valley from Severe-15 to Extreme nonattainment, with a new attainment date of June 15, 2024. The reclassification ensures that the Coachella Valley will be given the needed extension to make attainment feasible and prevent the imposition of the non- attainment fees on major stationary sources. This process would also require SCAQMD to develop or update the State Implementation Plan (SIP) documentation to demonstrate how the area will meet the standard on or before June 15, 2024.

SCAQMD continues to reduce ozone and improve air quality in the Coachella Valley, in part by providing more than $50 million in grant funding towards paving dirt roads and parking lots, clean energy projects and cleaner vehicles. Future emission reductions anticipated to occur in the South Coast Air Basin associated with current and planned regulations on mobile and stationary sources are expected to contribute to improvements in ozone air quality in the Coachella Valley and lead to attainment of the standard.

Discussion of Impacts:

a) Less than Significant Impact. This analysis relies in part on the quantitative results of running the most current California Emissions Estimator Model (CalEEMod, Version 2020.4.0), which is computer software developed in conjunction with the California Air Pollution Control Officers Association (CAPCOA) and California Air Districts to calculate criteria air pollutants and greenhouse gas emissions from land use projects using widely accepted methodologies. Sources of these methodologies and data include, but are not limited to, the United States Environmental Protection Agency (USEPA) AP-42 emission factors, California Air Resources Board (CARB) vehicle emission models, studies commissioned by California agencies such as the California Energy Commission (CEC) and CalRecycle. In addition, some local air districts provided customized values for their data and existing regulation methodologies for use for projects located in their jurisdictions.
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Air quality impacts can be deemed significant if the estimated project emissions demonstrate a potential to contribute or cause regional and/or localized exceedances of the federal and/or state ambient air quality standards, such as the NAAQS and CAAQS.

To assist lead agencies in determining the significance of air quality impacts from land development projects, SCAQMD established quantitative short-term construction-related and long-term operational impact thresholds (South Coast AQMD Air Quality Significance Thresholds). Table III-1 below displays these numeric thresholds applicable to construction and operational activities to which the project-specific air emissions results will be compared.

Table III-1
SCAQMD’s Air Quality Significance Thresholds (Pounds/Day) Emission Source CO VOC NOx SOx PM10 PM2.5
Construction or
Operation 550 75 100 150 150 55
Source: Air Quality Analysis Guidance Handbook and SCAQMD Air Quality Significance Thresholds, April 2019

The CalEEMod 2020.4.0 analysis for air quality captured a reasonable range of potential land use allocations in relation to the maximum allowances set forth in the Specific Plan.

This method allowed for the calculation and comparison of potential emissions from six land use compositions in terms of dwelling units and commercial space square footage, including the maximum allowances set forth in the Specific Plan. It is worth noting that this analysis does not intend to account for land use combinations at the site plan level, but rather use a uniform methodology to evaluate the potential gross emission levels that could result from the respective land uses. These configurations are also not intended to represent formal alternatives or supersede any of the development standards established in the Specific Plan. The following land use composition summaries are numbered primarily for air quality and GHG purposes, and to account for the input land use parameters entered in CalEEMod.

• Model 1 – Maximum Residential: This emissions model accounts for the maximum number of dwelling units (400) allowed by the Specific Plan.

• Model 2 – Maximum Commercial: This model accounts for the maximum commercial floor area (150,000 SF) allowed by the Specific Plan.

• Model 3 – Half Residential and Commercial Capacity: This model accounts for half of the allowable residential and commercial land use capacities under the Specific Plan:
200 dwelling units and 75,000 SF of commercial space.

• Model 4 – Three-Quarters Residential Capacity: This model accounts for three- quarters of the residential capacity (300 dwelling units) and one-quarter of the commercial capacity (37,500 SF).

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• Model 5 – Three-Quarters Commercial Capacity: This model accounts for three- quarters of the commercial capacity (112,500 SF) and one-quarter of the residential capacity (100 dwelling units).

• Model 6 – Maximum SPA Capacity: This model accounts for the maximum allowable land uses in the Specific Plan Amendment, consisting of up to 400 dwelling units and 150,000 SF of commercial area.

The results summarized in Table III-2 display the potential criteria air pollutant emission levels resulting from construction-related site preparation, grading, utilities/building construction, paving, and architectural coating phases for the respective land use composition models. The emission levels from those land use scenarios are shown to not exceed the applicable SCAQMD Air Quality Significance Thresholds for criteria pollutants, including PM10 and Ozone precursors. As a standard requirement, dust control measures will be implemented during construction as part of a City -approved fugitive dust control plan in accordance with SCAQMD Rule 403/403.1 and Section 15.64.630 (Dust Control Requirements) of the Rancho Mirage Municipal Code. It is worth noting that the construction-related peak emissions results for NOx, CO, SO2, PM10 and PM2.5 are quantitatively similar across the separate models even though they account for different compositions of residential and commercial development inputs within the SPA scope.

This can be explained in part by the relatively uniform size of land development shared by the models, which appear to factor in comparable default modeling assumptions for construction activities on a per diem basis. Emission changes for these criteria pollutants would be observed if the areas of disturbance or construction schedules were different based on specific information. If site development occurred in construction phases or the disturbance areas were reduced, the per diem emissions would be reduced proportionally. The difference in construction VOC emissions can be explained in part by the differences in architectural coatings associated with the different building areas and unit counts. The detailed CalEEMod documentation is provided in the appendix of this document.

Thus, a less than significant impact would occur for the construction-related emissions in relation to the applicable South Coast AQMD Air Quality Significance Thresholds.

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Table III-2
Short Term Air Pollutant Emissions
Associated With Construction of the Proposed Project (Unmitigated) (Pounds/Day) Emission Source ROG/VOC NOx CO SO2 PM10 PM2.5
Peak Construction
Emissions from
Model 1 (400 DUs)

71.8618 34.5531 28.6229 0.0636 6.8589 3.9678
Peak Construction
Emissions from
Model 2
(150,000 SF of
Commercial)

20.0625 34.5531 28.6229 0.0636 6.9964 3.9827
Peak Construction
Emissions from
Model 3
(200 DUs + 75,000
SF of Commercial)

45.9516 34.5531 28.6229 0.0636 6.7937 3.9608
Peak Construction
Emissions from
Model 4
(300 DUs + 37,500
SF of Commercial)

58.8961 34.5531 28.6229 0.0636 6.7937 3.9608
Peak Construction
Emissions from
Model 5
(100 DUs +
112,500 SF of
Commercial)

33.0070 34.5531 28.6229 0.0636 6.7937 3.9608
Peak Construction
Emissions from
Model 6
(400 DUs +
150,000 SF of
Commercial)

72.3800 34.5531 28.6229 0.0636 6.7937 3.9608
SCAQMD Air Quality
Significance
Threshold
75 100 550 150 150 55
Threshold Exceeded
by any of the Land
Use Models?
No No No No No No
Note: DUs represent dwelling units. SF represents square footage of commercial areas. Each model is compared individually against the applicable threshold. Peak construction emissions include Site Preparation, Grading, Building Construction, Paving, and Ar chitectural Coating phases. The PM10 and PM2.5 emissions account for required compliance with Chapter 24.12 (Fugitive Dust (PM10) Control) of the Rancho Mirage Municipal Code and SCAQMD Rules 403/403.1.

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CalEEMod 2020.4.0 was also used to calculate the long-term operational air pollutant emissions that would occur during the life of the project for the same five land use scenarios. These operations include area, energy and mobile sources. As shown in Table III-3 below, the project-related operational emissions of criteria pollutants are also not expected to exceed any of the South Coast AQMD Air Quality Significance Thresholds.

Therefore, a less than significant impact is expected for operational emissions from the project.

Table III-3
Long Term Operational Air Pollutant Emissions
Associated With Development of the Project (Unmitigated) (Pounds/Day) Emission Source ROG/VOC NOx CO SO2 PM10 PM2.5
Peak Construction Emissions
from Model 1 (400 DUs) 18.4507 11.6016 98.5799 0.1585 15.8503 4.5626 Peak Construction Emissions
from Model 2 (150,000 SF of
Commercial)

18.0930 13.8900 94.0291 0.1853 19.5094 5.3090
Peak Construction Emissions
from Model 3 (200 DUs +
75,000 SF of Commercial)

18.2718 12.7458 96.3045 0.1719 17.6799 4.9358
Peak Construction Emissions
from Model 4 (300 DUs +
37,500 SF of Commercial)

18.3612 12.1737 97.442 0.1652 16.7689 4.7492
Peak Construction Emissions
from Model 5 (100 DUs +
112,500 SF of Commercial)

18.1824 12.3179 95.1668 0.1786 18.5946 5.1224
Peak Construction Emissions
from Model 6 (400 DUs +
150,000 SF of Commercial)

36.5436 25.4916 192.6090 0.3438 35.3597 9.8715
SCAQMD Air Quality
Significance Threshold 75 100 550 150 150 55
Threshold Exceeded by any of
the Land Use Models? No No No No No No
Note: DUs represent dwelling units. SF represents square footage of commercial areas. Each model is compared individually against the applicable threshold. Peak operational emissions include area sources, energy use, and mobile sources.

In addition to the emission levels discussed above, another measure of determining consistency with the governing AQMP is outlined in Chapter 12, Section 12.2 and Section

12.3 of SCAQMD’s CEQA Air Quality Handbook (1993), as provided and evaluated below:

Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.
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The relevant emission standards are compiled in the South Coast AQMD Air Quality Significance Thresholds and also provided in Table III-1 pertaining to construction and operation. As demonstrated by the CalEEMod results in Tables III-3 and III-4, the land use allocation scenarios evaluated for the Specific Plan would not result in emission levels exceeding the AQMD Air Quality Significance Thresholds for any criteria air pollutant category, including PM10 and ozone precursors, and therefore would not conflict with the AQMP according to this criterion.

Consistency Criterion No. 2: The project will not exceed the assumptions in the AQMP based on the years of project build-out phase.

Implementation of the Specific Plan will guide development consistent with the Rancho Mirage General Plan and therefore is not expected to exceed the locally adopted land development assumptions and other growth projections factored into the 2016 AQMP.

In summary, the project is not expected to result in emission levels, growth or land use changes that would interfere with the City or region’s ability to comply with the most current air quality plans including the 2016 AQMP and State Implementation Plan strategies for PM10 and ozone level attainment efforts. Moreover, the project’s short- term construction and long-term operational emissions would not exceed the established regional thresholds for criteria air pollutant emissions. Pertaining to the obstruction of an applicable air quality plan, less than significant impacts are anticipated.

b) Less than Significant Impact. The Coachella Valley portion of the Salton Sea Air Basin (SSAB) was formerly classified as “Severe-15” nonattainment for the 1997 8-hour ozone national ambient air quality standard with an attainment deadline of June 15, 2019. Over the past 15 years, the air quality in the Coachella Valley has steadily improved because of the implementation of emission control measures by SCAQMD and California Air Resources Board (CARB). However, in 2017 and 2018, higher ozone levels were experienced throughout the State of California due to changes in meteorology, biogenic emissions, and/or anthropogenic emissions. As a result of the higher ozone experienced in 2017 and 2018, it was determined that the Coachella Valley could not practically attain the 1997 8-hour ozone standard by the 2019 deadline. The inability to attain the standard is largely due to weather conditions that are impacting not only the Coachella Valley and the South Coast Air Basin, but the entire State of California and Western United States. As a result, SCAQMD requested a reclassification that would extend the attainment deadline to June of 2024. The reclassification has allowed South Coast AQMD up to five years to reach attainment. SCAQMD has prepared additional documentation and will be implementing additional measures to comply with the June 2024 deadline.

Current and planned regulations on mobile and stationary sources are expected to contribute to improvements to ozone air quality in the Coachella Valley.

As demonstrated in tables III-2 and III-3, project-related short-term construction and long-term operational emissions would not exceed the SCAQMD Air Quality Significance Thresholds for ozone precursors, such as NOx and ROG/VOC. By complying with the 8-78

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adopted thresholds, the proposed development is also comply with the overall attainment strategies reflected in the currently adopted 2016 AQMP and SIPs.

Furthermore, the Coachella Valley is currently designated as a serious nonattainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less).

The U.S. EPA-approved Coachella Valley PM10 State Implementation Plan is in place with an attainment strategy for meeting the PM10 standard. Some of the existing measures include the requirement of detailed dust control plans from builders that specify the use of more aggressive and frequent watering, soil stabilization, wind screens, and phased development to minimize fugitive dust.

Per Section 15.64.630 (Fugitive Dust Requirements) of the Rancho Mirage Municipal Code, a Fugitive Dust Control Plan must be prepared and approved prior to any earth- moving operations. Implementation of the Fugitive Dust Control Plan is required to occur under the supervision of an individual with training on Dust Control in the Coachella Valley. The plan will include methods to prevent sediment track-out onto public roads, prevent visible dust emissions from exceeding a 20-percent opacity, and prevent visible dust emissions from extending more than 100 feet (vertically or horizontally from the origin of a source) or crossing any property line. The most widely used measures include proper construction phasing, proper maintenance/cleaning of construction equipment, soil stabilization, installation of track-out prevention devices, and wind fencing. As shown in tables III-2 and III-3, project-related short-term construction and long-term operational emissions are not expected to exceed the SCAQMD Air Quality Significance Thresholds for PM10 or PM2.5.

Since project-related emissions would be consistent with the Air Quality Management Plan, the Coachella Valley PM10 and Ozone SIP, and the applicable SCAQMD Air Quality Significance Thresholds, short-term construction and long-term operational emission levels associated with the project would not be considered cumulatively considerable.

Less than significant impacts are anticipated.

c) Less than Significant Impact. A sensitive receptor is a person or group in the population particularly susceptible (i.e. more susceptible than the population at large) to health effects due to exposure to an air contaminant. Sensitive receptors and the facilities that house them are of particular concern if they are located in close proximity to localized sources of carbon monoxide, toxic air contaminants, or odors. Residences, long-term health care facilities, schools, rehabilitation centers, playgrounds, convalescent centers, childcare centers, retirement homes, and athletic facilities are generally considered sensitive receptors.

The SCAQMD has developed and published the Final Localized Significance Threshold (LST) Methodology to help identify potential impacts that could contribute or cause localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS). LST methodology was developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. The purpose of analyzing LSTs is to determine whether 8-79

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a project may generate significant adverse localized air quality impacts in relation to the nearest exposed sensitive receptors, such as those listed above. LSTs represent the maximum emission levels that comply with the most stringent applicable federal or state ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area (SRA), project, size, and distance to the sensitive receptor. Therefore, meeting the lowest allowable emissions thresholds translates to meeting the most stringent air quality standards for a project locality in consideration of sensitive receptors. As part of the LST methodology, SCAQMD has divided its jurisdiction into 37 source receptor areas (SRAs) which can be used to determine whether a project may generate significant adverse localized air quality impacts. The proposed development is located in SRA 30, which covers the Coachella Valley and City of Rancho Mirage. LSTs only apply to certain criteria pollutants: carbon dioxide (CO), oxides of nitrogen (NOx) particulate matter equal to or less than 10 microns in diameter (PM10), and particulate matter equal to or less than 2.5 microns in diameter (PM2.5).

The project site occurs in a vacant condition and is surrounded by public roads, commercial uses, and vacant land. At the time of this analysis, the nearest residential structure to the project is located approximately 335 feet to the southwest, along the unimproved extension of Via Florencia. Based on these localized conditions, the LST analysis for this project utilized the receptor distance interval of 100 meters, or 328 feet for determining compliance. Based on the project size, the largest increment of 5-acres was factored into the LST methodology.

Table III-4
Localized Significance Thresholds (LSTs) Associated
with Construction of the Revised Project with
Receptors at 100 Meters (328 Feet), (In Pounds/Day)
Emission Source NOx CO PM10 PM2.5 Peak Emissions Resulting from Site Preparation, Grading, Building Construction, Paving and
Architectural Coating

72.3800 28.6229 6.9964 3.9827
SCAQMD LST Threshold for SRA 30 425 5,331 67 19
LST Threshold Exceeded? No No No No
Sources: CalEEMod Results and AQMD LST Look-Up Tables
Note: The PM10 and PM2.5 emissions factor dust control compliance with SCAQMD Rule 403 and 403.1 and Rancho Mirage Municipal Code requirements.

The results provided in Table III-4 demonstrate that the construction-related emissions would occur below the localized thresholds, taking into account the source receptor area and nearest sensitive receptor location to the project site. Therefore, the project would not result in emissions capable of exposing sensitive receptors to localized substantial pollutant concentrations. Moreover, implementation of the Specific Plan would not situate new housing in a location known to be exposed to existing or planned sources of substantial emissions. Less than significant impacts are anticipated.

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d) Less than Significant Impact. As previously analyzed and disclosed, implementation of the Specific Plan would not result in emissions that would exceed the South Coast AQMD Air Quality Significance Thresholds or Localized Significance Thresholds. The proposed composition of mixed uses allowable under the Specific Plan are not expected to include or be located near the types of facilities or operations commonly known to generate odors, such as wastewater treatment plants, sanitary landfills, composting/green waste facilities, recycling facilities, petroleum refineries, chemical manufacturing plants, painting/coating operations, rendering plants, food packaging facilities, or industrial facilities. Therefore, the project is not expected to result in odor or other emissions adversely affecting nearby neighbors or a substantial number of people. Less than significant impacts are anticipated.

Mitigation Measures:

None

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4. BIOLOGICAL RESOURCES --
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive,
or special status species in local or
regional plans, policies, or
regulations, or by the California
Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?

b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional plans,
policies, and regulations or by the
California Department of Fish and
Wildlife or US Fish and Wildlife
Service?

c) Have a substantial adverse effect
on federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?

d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or
with established native resident or
migratory wildlife corridors, or
impede the use of native wildlife
nursery sites?

e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance?

f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation
Plan, or other approved local,

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regional, or state habitat
conservation plan?
Sources: General Biological Resources Assessment and CVMSHCP Consistency Analysis, JWC Ecological Consultants, September 2021; Rancho Mirage General Plan 2017, Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan, CVAG.

Setting:

The project site is located on approximately 34.8 acres of vacant land west of Monterey Avenue in Rancho Mirage. The project property and City of Rancho Mirage is located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). However, the project site is not located previously within a Conservation Area designated by the CVMSHCP. The discussion below evaluates the disturbed and developed property’s potential impact on biological resources.

Discussion of Impacts:

a) Less than Significant Impact with Mitigation. In September 2021, James W. Cornett Ecological Consultants conducted a project-specific General Biological Resources Assessment. The assessment area covered the project site and 100 yards beyond all site boundaries. The biological survey and analyses were designed to ascertain the impacts of development to the potential biological resources of the project site and immediate vicinity as mandated by CEQA and required by the City of Rancho Mirage. The specific objectives of the biological survey are listed below:

• Determine the vascular plant and vertebrate animal species that occur on, and immediately adjacent to, the project site.
• Ascertain the presence of plan or animal species given special status by government agencies. Emphasis is on non-covered species (under the CVMSHCP) that are (1) state or federally listed, (2) candidates for state or federal listing, and (3) state or federally protected species or communities. • Ascertain the existence of other significant biotic elements, corridors, or communities.
• Consider the site’s biological resources as they relate to the CVMSHCP and its Conservation Areas.
• If necessary and where applicable, recommend measures to mitigate significant adverse impacts of the project on sensitive species and habitats not covered in the Plan but determined to occur within, or adjacent to, the project boundaries.

Survey methodology included literature, records, collections websites and or staff of the University of California at Riverside Herbarium, the Boyd Deep Canyon Desert Research Center and the Coachella Valley Association of Governments were consulted for specific information as the occurrence of sensitive species. The California Department of Fish & Game Natural Diversity Database was also consulted. Field surveys were initiated in 8-83

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August of 2021. Specific dates of biological surveys were August 7, 11, 14, 16, 19, 21, 23, 25th and September 3, and 4, 2021.

Night surveys were conducted on the evenings of September 3 and 4, 2021. Surveys were conducted by walking north/south transects at 10-yard intervals through the project site and 100 yards beyond the south and west boundaries. This survey pattern has been approved by the is the U.S. Fish and Wildlife Service for determining the presence or absence of the burrowing owl and desert tortoise and represents an intensive survey effort that resulted in no officially listed or federally protected species being overlooked. Animal surveys were conducted simultaneously with plant surveys. In addition, twenty live-animal traps (which captures animals unharmed) for large and small mammals were set within the project site for twenty-four-hour periods on September 3 and 4, 2021. Invertebrate sampling was conducted on the evenings of September 3 and 4, 2021. Two Bioquip light traps were used for attracting and live-capturing flying insects and some terrestrial arthropods.

The elevation of the project site is approximately 270 feet above sea level. The only topographical relief consists of sand hummocks that rise from one to three feet above their base. The hummocks have been formed by shrubs that interrupt the flow of sand carrying wind coming from the northwest off the Whitewater River Floodplain. The shrub reduces wind velocity and result in sand deposits of hummocks on the leeward or easterly side of the shrubs. The environment of the project site in included as part of the sand field habitat of the valley floor as described in the CVMSHCP.

The project-specific biological report did not find any naturally occurring springs or permanent aquatic habitats in or near the project site. No blue -line stream corridors (streams or dry washes) are shown on the U.S. Geological Survey (USGS) maps for the project site nor are there botanical indicators of such corridors. Therefore, the report concludes that there appears to be no need to obtain streambed alteration permits from state or federal governments.

Soil characteristics are uniform over the entire site. Soil is composed of wind-blown alluvium created by historic and persistent air movements from the northwest. This process increased in intensity with the drying out of the Coachella Valley at the close of the Pleistocene epoch ending 10,000 years before present. Currently, residential and commercial developments to the west and north have resulted in some sand stabilization on portions of the site.

Plant Surveys
Per the project-specific biological report, the Sonoran creosote bush scrub was the single plant association or community found on the site. The Sonoran creosote bush scrub community dominates vegetation of the entire area and is the pervasive plant community throughout the Colorado Desert of southeastern California. The creosote bush is by far the dominant perennial followed by bugseed, Emory’s Dalia, croton, and wingscale. Many native and exotic weed species have germinated over most of the site but particularly in disturbed areas such as road shoulders, residential borders and where off-road vehicles 8-84

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have traversed. These species include Sahara mustard, bugseed, and Schismus grass.

These species are often found throughout the Colorado Desert of southeastern California whenever natural vegetation has been damaged or removed.

The Inventory of rare and Endangered Vascular Plants of California, published by the California Native Plant Society (2001), the California Natural Diversity Database (CNDDB) Special Plant List (2014) or the Endangered, Threatened, and Rare Plants of California (2014) lists a total of five plant species that could conceivably occur on the project site.

They are the glandular ditaxis, ribbed cryoantha, flat-seeded spruge, Coachella Valley milk-vetch, and the Salton milkvetch.

The glandular ditaxis is a rare perennial herb that blooms from December through March.

It is restricted to sandy environments in the Sonoan Desert and has been found in the Coachella Valley at elevations like those found on the project site. Since the glandular ditaxis is a perennial, it likely would be detected during plant surveys. It was not detected and therefore presumed to not occur onsite. This species is not listed as rare, threatened, or endangered by either the state or federal governments nor is it proposed to be listed at this time. Though considered sensitive by the California Native Plant Society, the glandular ditaxis is not a covered species under the CVMSHCP.

The ribbed cryptantha is an uncommon ephemeral known to occur on sandy soils in the Coachella Valley. The project site can be considered suitable habitat for this species. It was not detected during the field surveys; however, the surveys were conducted in summer following a winter of severe drought resulting in most ephemeral species not being in evidence. The ribbed cryptantha is not listed as rare, threatened, or endangered by either the state or federal governments nor is it proposed to be listed at this time.

The California Native Plant Society considers the ribbed cryptantha a sensitive species. It is not a covered species under the CVMSHCP.

The flat-seeded spurge is an extremely rare ephemeral herb known to occur on sandy soils in the Sonoran Desert. There has been at least one specimen found in the Coachella Valley. The species was not detected but the surveys were done in summer following a winter of below average precipitation. The flat-seeded spurge is not listed as rare, threatened, or endangered by either the state or federal governments nor is it proposed to be listed at this time. The California Native Plant Society considers it a sensitive species. It is not covered under the CVMSHCP.

The Coachella Valley milk vetch is an uncommon, spring blooming ephemeral herb that is known to occur on sandy soils in the Coachella Valley. Two seeds pods of this species were found within the project boundaries. This species has also been recorded in the area surrounding the project site. The milk vetch is listed as engendered by the U.S. Fish & Wildlife Service. It has no formal status. Impacts to the milk vetch are fully mitigated by the CVMSHCP through the payment of mitigation fee. No further action is necessary regarding this species.

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The Salton milkvetch is a perennial herb found in the Sonoran Desert of California and Arizona. No individuals, evidence or records of the Salton milkvetch were found on or near the project boundaries. The Salton Milkvetch is not state nor federally listed. It is a rare plant usually encountered in sandy or gravelly soils below 1,000 feet in elevation.

Though considered sensitive by the California Native Plant Society is not a covered species under the CVMSHCP. Per the biological report, no further surveys are needed for the five plant species identified.

Animal Surveys
Encountered arthropods on the site included the harvester ant, ghost beetle, fuzz beetle, sand scorpion, and Eleodes beetle. Three insect species known to occur within the Coachella Valley have been placed on the California Department of Fish & Games Special Animals list. They are the Coachella giant sand treader cricket and the Coachella Valley grasshopper. None of these three species were found during the surveys and none have an official status with governmental agencies. The Coachella giant sand treader cricket and Jerusalem cricket are covered species under the CVMSHCP.

The biological field survey did not turn up any amphibian species and none are expected.

Detected reptiles included the side blotched lizard, western whiptail, desert iguana, western shovel-noses snake, and Coachella Valley fringe-toed lizard. Two observations of the officially threatened Coachella Valley fringe-toed lizard were recorded confirming the habitat was suitable for the species. The isolated nature of the project site area as well as several consecutive drought years has likely reduced the population of this species within the project boundaries. Impacts to the fringe-toed lizard are fully mitigated by the payment of a habitat acquisition fee as required under the plan.

A concerted effort was made to find signs of the officially listed desert tortoise. However, no evidence of any kind was found, and no direct observations were made. Additionally, the California Natural Diversity Database has no records of the tortoise on or within one mile of the project site. The project-specific biological report concludes that this species does not occur within the project site and immediate vicinity and no additional surveys for this species is recommended.

No observations of the flat tailed horned lizard were found within the project boundaries.

The project site is considered suitable habit; however, the species is fully covered under the Plan.

Detected birds within the project area were the Say’s phoebe, America kestrel, common raven, mourning dove, and house finch. No observations of LeConte’s thrashers were recorded during the survey. In the Coachella Valley, this species is associated with the golden cholla, an arborescent cactus that provides a nesting site for the thrasher. The field survey did not find this cactus species onsite and therefore concluded the thrasher does not occupy the project site. The thrasher is a covered species under the plan.

Two functionally non-covered and sensitive avian species were possible occupants of the project site and vicinity. The burrowing owl and loggerhead shrike. 8-86

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An intensive survey for the burrowing owl was undertaken following protocols established by state and federal governments. No observations of the owl were recorded, and no evidence of presence was found. The habitat of the project site is suitable for the owl and active burrows of the species have been found on several occasions within two miles of the project site. Due to the suitable habitat of the site, the burrowing owl can take up residence on the site at any time. The owl is not covered under the Plan.

The loggerhead shrike, a state Species of Special Concern, was not observed or detected on or near the project site. The project site and immediate area, however, are considered suitable habitat for the shrike and it could breed within project site boundaries. The is not a covered species under the Plan.

No individuals of the Palm Springs pocket mouse, a covered species, were found. The desert kit fox was not seen or detected on or near the project site. Human activity in the area is likely the reason for its absence. The desert kit fox is fully protected in California and is not a covered species under the Plan.

The Palm Springs ground squirrel was the only covered species discovered within the project boundaries. It was detected six times and is expected to occur throughout the project site due to the suitable habitat. It currently is not a listed species and has a much broader range than was previously thought (Federal Register, 2009). It is, therefore, unlikely that it will be listed in the near future. It is a covered species under the Plan and impacts to the squirrel are mitigated by the payment of the habitat acquisition fee.

The project lies within the boundary of the CVMSHCP, which outlines policies for conservation of habitats and natural communities. The CVMSHCP implements a habitat mitigation fee from new development in order to support the acquisition of conservation lands. The project is expected to comply with provisions of the CVMSHCP. The project site is not within a Conservation Area as shown in the CVMSHCP. Additionally, the site does not abut a Conservation Area. Therefore, the project is not subject to Plan requirements regarding lands adjoining Conservation Areas.

Therefore, less than significant impacts are expected to species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service, following the recommended mitigation measures listed below.

Mitigation:

BR-1: Prior to construction and issuance of any grading permit, the City of Rancho Mirage shall ensure compliance with the CVMSHCP and its associated Implementing Agreement and shall ensure that payment of the CVMSHCP Local Development Mitigation Fee for the proposed Project is sent to the Coachella Valley Conservation Commission.

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BR-2: The project proponent shall ensure that burrowing owl clearance survey is performed not more than 14 days prior to project site disturbance (clearing, grubbing, grading, construction). If any owls are identified, the most current protocol established by the California Department of Fish and Wildlife (Burrowing Owl Mitigation) must be followed. It is also recommended that a survey take place 24 hours prior to ground disturbance as burrowing owls may colonize or recolonize the site within the time between the original survey and project activities.

BR-3: The project proponent shall ensure that a breeding survey for the loggerhead Shrike is performed if ground disturbance (clearing, grubbing, grading, and construction) occurs between February 15th and June 1st.

b) No Impact. The property does not contain nor is it adjacent to any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or the USFWS. No blue-line stream corridors or desert washes are found within the project boundaries. Therefore, no impacts are expected.

c) No Impact. The project site is does not contain federally protected wetlands, marshes, or other drainage features. As a result, implementation of the project would not result in the direct removal, filling, or other hydrological interruption to any of these resources.

The project is designed with an on-site underground stormwater retention system that during the life of the project will comply with the City’s drainage requirements by preventing the discharge and transport of untreated runoff associated with the project.

A project Specific Water Quality Management Plan (WQMP) is expected to be prepared to ensure that the project does not contribute pollutants of concern in any project storm runoff. No impacts are expected.

d) No Impact. Per the project-specific biological report, no migratory wildlife corridors or native wildlife nursery sites were found on the project or adjacent properties and no discernable and routinely used corridors were identified. As previously discussed, the site does not provide conditions to wildlife species as a wildlife corridor or native wildlife nursery sites. The project site is surrounded by highly disturbed environments including busy thoroughfares and residential developments. As a result, the site is essentially an ecological island with likely little significant biological interaction with natural habitats elsewhere in the Coachella Valley. No impacts are expected.

e) No Impact. The project site is vacant with scattered vegetation and project implementation would not result in demolition or removal of native trees. The project will comply with the CVMSHCP and there are no other unique local policies or ordinances protecting biological resources that would cause a conflict nor does the site support high value biological resources that could be affected. Additionally, the proposed project will not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance and no impacts are anticipated.

f) No Impact. As previously mentioned, the project lies within the boundary of the CVMSHCP, which outlines policies for conservation of habitats and natural communities 8-88

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and is implemented by the City of Rancho Mirage. The project site is not located within a Conservation Area under plan. The CVMSHCP implements a habitat mitigation fee for new development to support the acquisition of conservation lands, to be paid to the City.

Therefore, the proposed project will comply with all required plan provisions and pay the required mitigation fee in conformance with the CVMSHCP and City Ordinance. No impacts are anticipated.

Mitigation Measures:
a) BR-1: Prior to construction and issuance of any grading permit, the City of Rancho Mirage shall ensure compliance with the CVMSHCP and its associated Implementing Agreement and shall ensure that payment of the CVMSHCP Local Development Mitigation Fee for the proposed Project is sent to the Coachella Valley Conservation Commission.

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5. CULTURAL RESOURCES -- Would
the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse
change in the significance of a
historical resource as defined in
§15064.5?

b) Cause a substantial adverse
change in the significance of an
archaeological resource pursuant to
§ 15064.5?

c) Disturb any human remains,
including those interred outside of
formal cemeteries?

Sources: Historical/Archaeological Resources Survey Report, CRM Tech, April 2022; Rancho Mirage General Plan 2017.

Setting:

The Coachella Valley is a historical center of Native American settlement, where U.S. surveyors noted large numbers of Indian villages and rancherías occupied by the Cahuilla people in the mid-19th century. The origin of the name “Cahuilla” is unclear, but it may have originated from their own word káwiya, meaning master or boss (Bean 1978). The Takic-speaking Cahuilla are generally divided by anthropologists into three groups, according to their geographic setting: the Pass Cahuilla of the San Gorgonio Pass-Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley.

Cahuilla subsistence was defined by the surrounding landscape and primarily based on the hunting and gathering of wild and cultivated foods, exploiting nearly all of the resources available in a highly developed seasonal mobility system. They were adapted to the arid conditions of the desert floor, the lacustral cycles of Holocene Lake Cahuilla, and the environments of the nearby mountains. When the lake was full or nearly full, the Cahuilla would take advantage of the resources presented by the body of fresh water, building elaborate stone fish traps. Once the lake had desiccated, they relied on the available terrestrial resources. Walk-in wells were dug by hand to utilize groundwater. The cooler temperatures and resources available at higher elevations in the nearby mountains were also taken advantage of. Historical and

Today, Native Americans of Pass or Desert Cahuilla heritage are mostly affiliated with one or more of the Indian reservations in and near the Coachella Valley, including Torres Martinez, Augustine, Cabazon, Agua Caliente, and Morongo. There has been a resurgence of traditional ceremonies, and the language, songs, and stories are now being taught to the younger generations.
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The project site is located on undeveloped and vacant land west of Monterey Avenue. The discussion below evaluates the previously disturbed and developed property’s potential impact on cultural resources.

Discussion of Impacts:

a) Less than Significant Impact with Mitigation. The project is located on approximately

34.8 acres of vacant and undeveloped land in the City of Rancho Mirage. CRM Tech prepared a project Specific Historical/Archaeological Resources Survey Report update in April 2022. The scope of that study included a historical/archaeological resources records search, historical background research, Native American consultation, and an intensive-level field survey.

The historical/archaeological resources records search was completed by the Eastern Information Center (EIC) at the University of California, Riverside, on July 21, 2021.

During the records search, maps and records on file for previously identified cultural resources and existing cultural resources reports within a half-mile radius of the project location were examined. Previously identified cultural resources include properties designated as California Historical Landmarks, Points of Historical Interest, or Riverside County Historic Landmarks, as well as those listed in the National Register of Historic Places, the California Register of Historical Resources, or the California Historical Resources Inventory.

According to EIC records, a narrow strip of land on the eastern edge of the project area may have been included in two linear surveys completed along Monterey Avenue in the past, but no cultural resources have been recorded within or adjacent to the project boundaries. Within the half-mile scope of the records search, EIC records show 21 additional cultural resources studies on various tracts of land and linear features, in total covering roughly 35 percent of the land surface. As a result of these past survey efforts, two historic-period cultural resources, designated Sites 33- 005636 and 33-017008 in the California Historical Resources Inventory, have been recorded within the half-mile radius, but no prehistoric—i.e., Native American—cultural remains have been found. Site 33-005636 represents the Southern Pacific (now Union Pacific) Railroad line that runs approximately half a mile to the north of the project area, and Site 33-017008 represents the remains of a collapsed shed located half a mile to the northwest. In view of the distance of these sites from the project location, neither site requires further consideration during this study.

Historical sources consulted for this study yielded no evidence of any settlement or development activities within the project area prior to the mid-20th century. In the late 19th and early 20th centuries, the nearest human-made feature known to be extant was the Southern Pacific Railroad, which was later joined by U.S. Highway 60/70/99, the forerunner of today’s Interstate Highway 10. By the 1950s, a dirt road had been established along the course of present-day Monterey Avenue, providing access from the highway to a few scattered buildings in the vicinity, including a trio standing in a roughly 8-91

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east-west line along the northern project boundary. These three buildings were evidently the result of five-acre small tract land claims filed on what was then U.S. government land.

These buildings, among additional buildings outside the project area, can be seen in aerial photographs taken in 1972, but by 1996 no trace of them could be found. These settlements in the project area were part of a wave of small tract claims on public land in the Coachella Valley following post-WWII streamlining of the Small Tract Act of 1938, whereby the U.S. government granted to private owners five-acre homesteads in the southern California desert, typically for a second residence, with the caveat that construction must occur within two years for a claim to remain valid. The resulting “jackrabbit homesteads,” as they came to be known, were often hastily constructed using subpar materials and building practices and were often abandoned soon afterwards or fell victim to the harsh climate.

The rest of the project area has remained undeveloped to the present time, even with the proliferation of commercial and residential development nearby after the 1980s and the construction of Monterey Avenue adjacent to the eastern project boundary between 1984 and 1996. The nearest development, that of the Monterey Marketplace shopping center directly to the north, began in the 1990s and was completed over the ensuing decade. Since then, no major changes have occurred in land uses within or adjacent to the project area.

During the field survey, a total of eight cultural resources were encountered and recorded within the project area, including three archaeological sites and five isolates (i.e., localities with fewer than three artifacts), all of them dating to the historic period. They were designated temporarily as 3760-1H to 3760-8H, pending assignment of official identification numbers in the California Historical Resources Inventory by the EIC. The sites, 3760-1H, 3760-2H, and 3760-3H, consist of the remains of the “jackrabbit homesteads” discussed above, while each of the isolates represents a single domestic refuse item.

Per the Cultural Resource report, the isolates do not constitute an archaeological site due to the lack of depositional context. Therefore, they are not considered potential “historical resources” and require no further consideration in the CEQA-compliance process. The sites, 3760-1H, 3760-2H, and 3760-3H, represent the remains of three “jackrabbit homesteads” established in the 1957-1960 era, a very common type of features to be found in the southern California desert region. Historical background research has identified no persons or events of recognized historical significance in association with these sites, nor do the construction materials recorded at these sites demonstrate any particular merits in terms of design, construction, engineering, or aesthetics. Furthermore, such features from the well-documented late historic period, occurring without a substantial artifact deposit, have little potential for important archaeological data. Based on these considerations, the present study concludes that Sites 3760-1H, 3760-2H, and 3760-3H do not appear to meet any of the criteria for 8-92

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listing in the California Register of Historical Resources. Therefore, they do qualify as “historical resources” under CEQA provisions.

The Cultural report concludes that the while a total of eight cultural resourced were identified within the project area during this study, none of them meets CEQA’s definition of a “historical resource.” Therefore, CRM TECH concludes that no “historical resources” exist within or adjacent to the project area. However, should cultural remains be found during earth moving operations a qualified archaeologist shall be called to the site to evaluate the find, as identified in CUL-1. Following the implementation of the recommended mitigation measure, less than significant impacts are anticipated.

CUL-1: If any buried cultural materials are encountered during earth-moving operations associated with the project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

b) Less than Significant Impact. As previously discussed, CRM Tech conducted a Historical/Archaeological study and the scope of the study included a historical/archaeological resources records search, historical background research, Native American consultation, and an intensive-level field survey. Eight cultural resourced were identified within the project area during this study, none of the m meets CEQA’s definition of a “historical resource.” Therefore, CRM TECH concludes that no “historical resources” exist within or adjacent to the project area.

On July 21, 2021, CRM TECH submitted a written request to the State of California Native American Heritage Commission (NAHC) for a records search in the commission’s Sacred Lands File. The NAHC reported in a letter dated August 19, 2021, that the Sacred Lands File search yielded negative results for Native American cultural resources in the project area. The 2021 field survey produced a total of eight cultural resources that were encountered and recorded within the project area, including three archaeological sites and five isolates (i.e., localities with fewer than three artifacts), all of them da ting to the historic period. As discussed above, none of the eight resources meets CEQA’s definition of a historical resource. No known Tribal cultural resources were found or identified within the project area. Therefore, less than significant impacts are expected.

c) Less than Significant Impact. The project site is not likely to uncover human remains during grading operations, since the site has been disturbed with the construction of the jackrabbit homesteads, and a basin. Off-road vehicle tracks and evidence of soil removal was also observed. However, the California Health and Safety Code Section 7050.5, and the CEQA Guidelines Section 15064.5 requires that in the event of discovery or recognition of any human remains in any location other than a dedicated cemetery, there shall be no further excavation or disturbance of the site, or any nearby area reasonably suspected to overlay adjacent remains, until the County Coroner has examined the remains. If the coroner determines the remains to be Native American or has reason to believe that they are those of Native American, the coroner shall contact by telephone within 24-hours of the Native American Heritage Commission. Assembly Bill 52 (AB 52) 8-93

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requires lead agencies to notify their local tribes about development projects. It also mandates lead agencies consult with Tribes if requested and sets the principals for conducting and concluding the required consultation process. Per the requirements of AB 52, the agreements shall provide protection to Native American human burials and skeletal remains from vandalism and inadvertent destruction and provide for sensitive treatment and disposition of Native American burials, skeletal remains, and associated grave goods consistent with the planned use of, or the approved project on, the land.

Pursuant to the mentioned California Health and Safety Code and AB 52, proper actions shall take place in the event of a discovery or recognition of any human remains during project construction activities and less than significant impacts are expected.

Mitigation Measures:
a) CUL-1: If any buried cultural materials are encountered during earth-moving operations associated with the project, all work within 50 feet of the discovery should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds.

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6. ENERGY RESOURCES -- Would
the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?

b) Conflict with or obstruct a state
or local plan for renewable energy
of energy efficiency?

Sources: Rancho Mirage General Plan Update; Rancho Mirage Sustainability Plan, 2012; Rancho Mirage Greenhouse Gas Inventory, 2012; Rancho Mirage Municipal Code; Rancho Mirage General Plan EIR May, 2005

Setting

Energy sources are made available to the Coachella Valley by private and public agencies.

Major energy providers include Southern California Edison (SCE), Imperial Irrigation District (IID), and the Southern California Gas Company (The Gas Company or SoCalGas). Electricity and natural gas are the primary sources of energy in the City of Rancho Mirage and are provided by SCE, IID and The Gas Company. The project property lies within SCE’s and The Gas Company’s service areas. Natural gas is the primary source of energy used in the City for space and water heating, as well as cooking. The Gas Company has major supply lines in Highway 111.

The Rancho Mirage City Council started the Rancho Mirage Energy Authority (RMEA) for the purpose of helping to reduce the community’s SCE electricity bills. Pursuant to CCA law, RMEA is an all-new, locally-run, not-for-profit power program created by the City of Rancho Mirage. RMEA purchases power directly from power providers, pays consultants for compliance functions, and sets electricity rates based on costs. RMEA power is delivered through SCE poles and wires. SCE is still the utility and will continue to bill and collect from customers but using RMEA’s lower electricity rates will allow businesses and residents to save 5 percent. RMEA also allows customers to choose 100 percent renewable energy through their Premium Renewable Choice rate plan. This plan offers customers the option of “opting-up” to 100 percent renewable energy at an affordable price. Residential and commercial accounts will see an incremental increase from the Base Choice rate of $0.009 or 0.9 cents per kWh.

There are more than 27 million registered vehicles in California, and those vehicles consumed an estimated 18.5 billion gallons of petroleum and diesel in 2014, according to the California Energy Commission (CEC). Gasoline and other vehicle fuels are commercially provided commodities and would be available to the project via commercial outlets. 8-95

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According to the CEC, transportation accounts for nearly 37 percent of California’s total energy consumption. Petroleum-based fuels account for approximately 92 percent of California’s transportation energy sources.

Technological advances, market trends, consumer behavior, and government policies could result in significant changes to fuel consumption by type and total. Various policies, rules, and regulations have been enacted to improve vehicle fuel efficiency, promote the development and use of alternative fuels, reduce transportation-source air pollutants and GHG emissions, and reduce vehicle miles traveled (VMT), at the federal and State levels.

Technological advances have made use of other energy resources or alternative transportation modes increasingly feasible, as market forces have driven the price of petroleum products steadily upward.

Discussion of Impacts:

a) Less than Significant Impact. The approximately 35-acre project proposes a mixed-use development at the northwest corner of Monterey Avenue and the future extension of Dick Kelly Drive/Ginger Rogers Road, in the City of Rancho Mirage. The project proposes up to 150,000 square feet (including up to 150 hotel keys and drive-through) of commercial/retail space, up to 400 residential dwelling units, as well as open space and retention areas. Associated improvements include pedestrian walkways and sidewalks, parking spaces, and landscaping throughout. The project property is currently vacant and located within the Monterey Specific Plan (MSP) area, which occupies 320 acres of the area west of Monterey Avenue. The project is proposing a Specific Plan Amendment to allow the proposed land uses on the approximately 35-acre site.

Electricity and natural gas are the primary sources of energy in the City of Rancho Mirage.

Electricity is provided primarily by Southern California Edison (SCE) and the Rancho Mirage Energy Authority (RMEA), with a limited portion of the northeast quadrant of Rancho Mirage in Imperial Irrigation District’s (IID) service area. The Rancho Mirage City Council started RMEA for the purpose of helping to reduce the community’s SCE electricity bills. Pursuant to CCA law, RMEA is an all-new, locally-run, not-for-profit power program created by the City of Rancho Mirage. RMEA purchases power directly from power providers, pays consultants for compliance functions, and sets electricity rates based on costs. RMEA power is delivered through SCE poles and wires. SCE is still the utility and will continue to bill and collect from customers but using RMEA’s lower electricity rates will allow businesses and residents to save 5 percent. SCE facilities include 12 kV transmission lines for local distribution. High voltage lines for more distant transmission range up to 115 kV and 230 kV. Substations step down voltage for local distribution and use. Three substations serve the City of Rancho Mirage: one on Highway 111, east of Thunderbird Cove, one on Clancy Lane at Monterey Avenue, and one on Plumley Road south of 35th Avenue.

The Southern California Gas Company (SoCalGas or the Gas Company) provides natural gas to the City of Rancho Mirage, serving residential, commercial, and industrial markets.

Natural gas is the primary source of energy used in the City for space and water heating, 8-96

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as well as cooking. The Gas Company has major supply lines along Monterey Avenue, east of the project.

Petroleum accounts for approximately 92 percent of California’s transportation energy sources. In 2015, California consumed 23.2 billion gallons of petroleum, including 15.5 billion gallons of finished gasoline and 3.7 billion gallons of diesel. Gasoline and other vehicle fuels are commercially provided commodities and would be available to the project via commercial outlets. Technological advances, market trends, consumer behavior and government policies could result in significant changes to fuel consumption by type and total. Various policies, rules and regulations have been enacted to improve vehicle fuel efficiency, promote the development and use of alternative fuels, reduce transportation-source air pollutants and GHG emissions, and reduce VMT, at the Federal and State levels. Technological advances have made use of other energy resources or alternative transportation modes increasingly feasible, as market forces have driven the price of petroleum products steadily upward.

The project is expected to consume energy in the form of electricity, natural gas and petroleum during construction and operation. Analysis of the project-related energy consumption was calculated and analyzed using the latest version of CalEEMod v2020.4.0. CalEEMod was used to calculate construction-source and operational-source criteria pollutant and GHG emissions from direct and indirect sources. The CalEEMod 2020.4.0 analysis for energy consumption analysis purposes captured a reasonable range of potential land use allocations in relation to the maximum allowances set forth in the Specific Plan (indicated as Models 1 through 5). A sixth model was provided to analyze the maximum buildout of the site, which would consist of the development of 400 residential units, and 150,000 square feet of commercial.. This method allowed for the calculation and comparison of potential GHG emissions from five land use compositions in terms of dwelling units and commercial space square footage. It is worth noting that this analysis does not intend to account for land use combinations at the site plan level, but rather evaluate the potential gross emission levels that could result from the respective land uses. These configurations are also not intended to represent formal alternatives or supersede any of the development standards established in the Specific Plan. The following land use composition summaries are numbered primarily for air quality, GHG, and energy consumption purposes, and to account for the input land use parameters entered in CalEEMod.

• Model 1 – Maximum Residential: This emissions model accounts for the maximum number of dwelling units (400) allowed by the Specific Plan. • Model 2 – Maximum Commercial: This model accounts for the maximum commercial floor area (150,000 SF, including up to 150 hotel keys) allowed by the Specific Plan. • Model 3 – Half Residential and Commercial Capacity: This model accounts for half of the allowable residential and commercial land use capacities under the Specific Plan:
200 dwelling units and 75,000 SF of commercial space.
• Model 4 – Three-Quarters Residential Capacity: This model accounts for three- quarters of the residential capacity (300 dwelling units) and one-quarter of the commercial capacity (37,500 SF).
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• Model 5 – Three-Quarters Commercial Capacity: This model accounts for three- quarters of the commercial capacity (112,500 SF) and one-quarter of the residential capacity (100 dwelling units).
• Model 6 – Maximum Development: This model accounts for the buildout of the maximum uses, including 400 residential dwelling units and 150,000 square feet of commercial. This model is provided to illustrate a worst-case scenario analysis.

Project-related energy consumption in the form of electricity, natural gas, and petroleum, is analyzed below for project construction and operation.

Construction Energy Demands

Electricity
Temporary electrical power for lighting and electronic equipment, such as computers inside interim construction trailers, would be provided by SCE. Electricity consumed for onsite construction trailers, which are used by managerial staff during the hours of construction activities, as well as electrically powered hand tools are expected to use a minimal amount of electricity. However, the electricity used for such activities would be temporary and negligible. Most energy used during construction would be from petroleum consumption (discussed further in following subsection).

Natural Gas
Natural gas is not anticipated to be required during construction of the project. Fuels used for construction would primarily consist of diesel and gasoline, which are discussed under the following petroleum subsection. Any minor amounts of natural gas that may be consumed because of project construction would be temporary and negligible and would not have an adverse effect.

Petroleum
Petroleum would be consumed throughout construction of the project. Fuel consumed by construction equipment would be the primarily energy resource expended over the course of construction, while VMT associated with the transportation of construction materials and construction worker commutes would also result in petroleum consumption. Heavy-duty equipment used for project construction would rely on diesel fuel, as would haul trucks involved in off-hauling materials from excavation. Construction workers are expected to travel to and from the project site in gasoline-powered passenger vehicles. There are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive that is used for comparable activities or use of equipment that would not conform to current emission standards (and related fuel efficiencies).

Heavy-duty construction equipment of various types would be used during each phase of construction. CalEEMod was used to estimate construction equipment usage. In the analysis of the project the mitigated construction figures were used, based on the assumption that the project will implement applicable mitigation measures. Fuel consumption from construction equipment was estimated by converting the total CO2 8-98

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emissions from each construction phase to gallons using the conversion factors shown in the tables included subsequently.

Table VI-1, Construction Petroleum Demand, illustrates the demand for petroleum during construction of each model scenario. This table determines the gasoline fuel for construction worker trips to and from the site during each construction phase, and phase of development, the demand of diesel fuel for construction vendor trips to and from the site, and the demand of diesel fuel for construction vehicles on-site during the various construction phases. The table below indicates that Model 6 (Maximum Development) would consume the most petroleum during construction of the site.

Table VI-1 Construction Petroleum Demand
Model Gallons Gasoline Gallons Diesel
1 Max. Residential 31,846.3 55,399.9
2 Max. Commercial 6,858.4 62,259.1
3 Mid. Residential
Mid. Commercial 9,782.9 40,119.8
4 75% Commercial
25% Residential 41,196.3 89,574.6
5 75% Residential
25% Commercial 19,853.3 86,513.6
6 400 Residential Units
150,000 sf Commercial 60,686.3 100,554.5

As a worst-case analysis, Model 6 is used in this analysis since that scenario would consume the most petroleum during construction of the site. Model 6 is estimated to consume approximately 60,686.3 gallons of gasoline and 100,554.5 gallons of diesel fuel during the project’s construction phases. Petroleum use is necessary to operate construction equipment. The US EPA applied a Tier 3 program in order to reduce the impacts of motor vehicles on air quality and public health. The vehicle emissions standards will reduce both tailpipe and evaporative emissions from passenger cars, light- duty trucks, medium duty passenger vehicles, and some heavy-duty vehicles. The construction equipment will utilize Tier 3 engines or higher, therefore would be newer off-road equipment units.

The energy used during the construction of the project would be limited to the development of the project and would not require long-term petroleum use. Additionally, there are no unusual project characteristics or construction processes that would require the use of equipment that would be more energy intensive that is used for comparable activities or use of equipment that would not conform to current emissions standards (and related fuel efficiencies). Thus, project construction would not consume petroleum in a wasteful or inefficient manner.

Operational Energy Demands

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Energy consumption in support of or related to project operations would include facilities energy demands (energy consumed by building operations and site maintenance activities), and transportation energy demands (energy consumed by employee and patron vehicles accessing the project site).

Electricity
The project proposes to develop a mixed-use project on approximately 35 acres that would provide a variety of residential housing options and commercial retail uses in a pedestrian friendly setting. Such uses allowed within the project included, but are no t limited to, residential uses (up to 400 dwelling units) including multi-family and senior apartments, commercial retail uses (up to 150,000 square feet of retail space) including drive-through restaurants, office uses, and open space, parks, and retention areas. The project would not result in the use of excessive amounts of fuel or electricity and would not result in the need to develop additional sources of energy. Although energy use at the project would not be excessive, the project would incorporate several measures directed at minimizing energy use. These measures include applying energy efficient design features, including using high efficiency lighting, such as LEDs, to meet the most current Title 24 Standards in place at the time of construction, and therefore, reducing electricity consumption during project operation.

According to the CalEEMod calculations, Model 6, the Maximum Development scenario, is expected to generate the greatest demand (approximately 3,611,790 kWh of annual electricity). This is depicted in Table VI-2, Operational Electricity Demand.

Table VI-2 Operational Electricity Demand
Model Land Use Electricity Demand
_(kWh/yr)

1. Max Residential Condo/Townhouse 1,925,430

2. Max Commercial Regional Shopping Center 1,686,360

3. Mid Residential
Mid Commercial
Condo Townhouse
Regional Shopping Center 1,805,897

4. 75% Commercial
25% Residential
Regional Shopping Center
Condo Townhouse 1,865,670

5. 75% Residential
25% Commercial
Condo Townhouse
Regional Shopping Center 1,746,128

6. 100% Residential
100% Commercial
Condo Townhouse
Regional Shopping Center 3,611,790

It is anticipated that the project will use electricity during operation of the proposed mixed-use project. As indicated in the table above, it is estimated that the worst -case scenario project (Model 6) would consume approximately 3,611,790 kWh of electricity annually. The SCE planning area used approximately 38,498.8 gigawatt hours (GWh) in the residential sector, and 3,959.5 GWh of electricity in the commercial sector in 2020.

According to the CEC’s Demand Analysis Office, SCE estimates that electricity consumption within SCE’s planning area will be approximately 129,000 GWh (which equates to 129,000,000 MWh) annually by 2030. Based on the project’s estimated 8-100

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annual electrical consumption of 3,611,790 kWh (3,611.790 MWh), the project would account for approximately 0.003 percent of SCE’s total estimated demand in 2030.

The project proposes the installation of high efficiency lighting and appliances onsite and water efficient irrigation systems. The project will also comply with California Building Code and Energy Code standards to ensure energy efficient technologies and practices are used at the project site.

Natural Gas
The consumption of natural gas typically is consumed during building heating, water heating and cooking, which will occur during project operation. The project’s expected natural gas consumption was calculated using the CalEEMod default values. Based on the CalEEMod calculations, Model 6, the Maximum Development scenario, is expected to generate the greatest demand (approximately 8,769,990 kBTU of natural gas annually during operation of the entire project. This is displayed in Table VI-3, Operational Natural Gas Demand.

Table VI-3 Operational Natural Gas Demand
Model Land Use Natural Gas
Demand (kBTU/yr)

1. Max. Residential Condo Townhouse 8,439,990

2. Max. Commercial Regional Shopping Center 330,000

3. Mid. Residential
Mid. Commercial
Regional Shopping Center
Condo Townhouse 4,384,990

4. 75% Commercial
25% Residential
Regional Shopping Center
Condo Townhouse 6,412,490

5. 75% Residential
25% Commercial
Regional Shopping Center
Condo Townhouse 2,357,500

6. 100% Residential
100% Commercial
Condo Townhouse
Regional Shopping Center 8,769,990

With the aforementioned calculations, the project would result in a long-term increase in demand for natural gas. The worst-case model (Model 6, Maximum Development) would consume approximately 8,769,990 kBTU of natural gas annually. This equates to 23,418.5 cubic feet (cf) of natural gas per day. The project would be designed to comply with Title 24, Part 6, of the CCR, and the City’s Sustainability Plan. Based on the 2018 California Gas Report, the California Energy and Electric Utilities estimates natural gas consumption within SoCalGas’s planning area will be 2,310 million cf per day in 2030 (California Public Utilities Commission, 2018 California Gas Report, pg. 103). Therefore, the Model 6 (Maximum Development) would account for approximately 0.001 percent of the 2030 forecasted consumption in SoCalGas’s planning area (23,418.5 cf/day divided by 2,310 million cf/day) and would use the existing infrastructure. Natural gas consumption would be appropriate and not place a significant burden on SoCalGas services. Further, submittal, review, and approval of project plans through City and SoCalGas would ensure future natural gas demands to be manageable.

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The project would be required to comply with the most recent California Building Code and Energy Code standards to ensure energy efficient technologies and practices are used at the project site. Therefore, the project will not result in the inefficient, wasteful, or unnecessary consumption of natural gas during project operation. Additionally, natural gas consumption would be appropriate and not place a significant burden on SoCal Gas services.

Petroleum
According to the figures provided by the CalEEMod calculations, Model 6, Maximum Development, would result in the most VMTs (13,786,118 VMTs annually). Therefore, to analyze the worst-case scenario, Model 6 was utilized in this discussion of petroleum use during project operation. However, it should be reemphasized that Model 6 would not be developed on the project site.

The average daily trip (ADT) rate for weekdays is 8,590.5, Saturdays is 10,174, and Sundays is 5,677 ADT. Total mobile source CO2e is 4,583.8507 MT per year, or 4,583,850.7 kg per year. CalEEMod assumes 92.5 percent of VMT burns gasoline, while the remaining 7.5 percent burn diesel. Thus, of the 4,583,850.7 kg of mobile emissions (kgCO2e), 4,240,061.9 kgCO2e is generated by gasoline combustion and 343,788.8 kgCO2e is generated by diesel combustion. The project (under the worst case scenario of Model 6) would have an annual gasoline demand of 476,947.3 gallons and an annual diesel demand of 33,771 gallons, as displayed in Table VI-5.

Table VI-4, Operational Petroleum Demand
Model Annual VMT

1. Max Residential 6,521,584

2. Max Commercial 7,264,535

3. Mid Residential Mid Commercial 6,893,059

4. 75% Commercial 25% Residential 6,707,321

5. 75% Residential 25% Commercial 7,078,797

6. 100% Residential 100% Commercial 13,786,118

Table VI-5 Operational Annual Petroleum
Annual VMT KgCO2e Kg/CO2/Gallon Annual Gallons
Gasoline 12,752,159.2 4,240,061.9 8.89 476,947.3
Diesel 1,033,958.8 343,788.8 10.18 33,771
Total Annual Petroleum 510,718.3

Over the lifetime of the project, the fuel efficiency of vehicles in use is expected to increase, as older vehicles are replaced with newer more efficient models. Therefore, it is expected that the amount of petroleum consumed due to the vehicle trips to and from the project site during operation would decrease over time. Additional advancement of technology includes the use of plug-in hybrid and zero emission vehicles in California, which will also decrease the amount of future petroleum consumed in the state. With the 8-102

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foregoing, operation of the project is expected to use decreasing amounts of petroleum over time, due to advances in fuel economy.

Additionally, the proposed residential community is located within a mile-radius to existing restaurants and services along Monterey Avenue, east of the project. The regional VMTs and associated vehicular-source emissions are reduced by the following project design feature/attribute: on-site sidewalk improvements will be implemented to improve pedestrian connectivity to the surroundings; encouraging telecommuting and alternative work schedule; increase diversity; and increase transit accessibility. Providing a pedestrian access network to link areas of the project site encourages people to walk instead of drive.

The project would provide for, and promote, energy efficiencies required under other applicable federal and State of California standards and regulations, and in doing so, would meet California Building Standards Code Title 24 standards. Moreover, energy consumed by the project’s operation is modeled to be comparable to energy consumed by other residential and commercial uses of similar scale and intensity that are constructed and operating in California. On this basis, the project would not result in the inefficient, wasteful, or unnecessary consumption of energy. Further, the project would not cause or result in the need for additional energy producing facilities or energy delivery systems.

In conclusion, the project would result in an increase in energy use during construction and operation compared to the existing conditions. However, based on the findings described above, project construction and operation are not anticipated to result in potentially significant impacts due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation. Additionally, the project would implement measures required under the City’s General Plan, City Municipal Code, the California Building Code, and the California Energy Code. Given these considerations, future consumption associated with the project operation would not be considered excessive.

b) Less than Significant Impact. The project proposes a mixed-use development on approximately 35 acres of vacant land west of Monterey Avenue and north of the future Dick Kelly Drive/Ginger Rogers Road extension. Development of the project will include commercial, residential, and open space uses, consisting of up to 150,000 square feet of commercial/retail space, and up to 400 dwelling units. In addition to these uses, the project would result in paved drive aisles, landscaped features, and associated improvements. As stated in the previous discussion, project development and operation are not anticipated to use an unnecessary amount of energy resources. To ensure the conservation of energy, the State of California and the City of Rancho Mirage implements various regulations in order to be more energy efficient and reduce the amount of greenhouse gas (GHG) emissions. Some of the State-wide and local regulations are listed below.

Federal Regulations
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Intermodal Surface Transportation Efficiency Act of 1991 The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) promoted the development of intermodal transportation systems to maximize mobility as well as address national and local interests in air quality and energy. ISTEA contained factors that Metropolitan Planning Organizations (MPOs) were to address in developing transportation plans and programs, including some energy-related factors. To meet the new ISTEA requirements, MPOs adopted explicit policies defining the social, economic, energy, and environmental values guiding transportation decisions.

State Regulations

Assembly Bill 32
Assembly Bill 32 (AB 32) was signed in 2006 to establish and reduce the amounts of greenhouse gases being emitted on a state-wide level. Specifically, AB 32 requires a reduction of emissions to 1990 levels by 2020. It plans to do this by establishing an annual reporting program for significant sources. Energy efficiency goals listed in AB 32 includes maximizing energy efficiency building and appliance standards, and pursuing additional efficiency efforts including new technologies, and new policy and implementation mechanisms.

CARB Scoping Plan
A specific requirement of AB 32 was to prepare a Climate Change Scoping Plan for achieving the maximum technologically feasible and cost-effective GHG emission reduction by 2020 (Health and Safety Code section 38561(h)). The California Air Resources Board (CARB) developed an AB 32 Scoping Plan that contains strategies to achieve the 2020 emissions cap. The initial Scoping Plan was approved in 2008, and contains a mix of recommended strategies that combined direct regulations, market- based approaches, voluntary measures, policies, and other emission reduction programs calculated to meet the 2020 statewide GHG emission limit and initiate the transformations needed to achieve the State’s long-range climate objectives. Updates to the Scoping Plan occurred in 2014 and in 2017.

Assembly Bill 1493/Pavley Regulations
California Assembly Bill 1493 (AB 1493), enacted on July 22, 2002, required CARB to develop and adopt regulations that reduce GHGs emitted by passenger vehicles and light duty trucks. In 2005, the CARB submitted a “waiver” request to the Environmental Protection Agency (EPA) from a portion of the federal Clean Air Act in order to allow the State to set more stringent tailpipe emission standards for CO2 and other GHG emissions from passenger vehicles and light duty trucks. On December 19, 2007, the EPA announced that it denied the “waiver” request. On January 21, 2009, CARB submitted a letter to the EPA administrator regarding the State’s request to reconsider the waiver denial. The EPA approved the waiver on June 30, 2009.

Executive Order S-3-05
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Executive Order (EO) S-3-05, passed in 2005, established reduction targets of an 80 percent of 1990 levels reduction by 2050, and created agencies to achieve these targets.

The passage of this regulation requires the use of more energy efficient practices regarding building development and operation in order to reduce the amount of GHGs produced.

State of California Energy Plan
The California Energy Commission (CEC) is responsible for preparing the State Energy Plan, which identifies emerging trends related to energy supply, demand, conservation, public health and safety, and the maintenance of a healthy economy. The Plan calls for the state to assist in the transformation of the transportation system to improve air quality, reduce congestion, and increase the efficient use of fuel supplies with the least environmental and energy costs. To further this policy, the plan identifies a number of strategies, including assistance to public agencies and fleet operators and encouragement of urban designs that reduce vehicle miles traveled and accommodate pedestrian and bicycle access.

Title 20: Appliance Efficiency Standards
The California Code of Regulations (CCR), Title 20: Division 2, Chapter 4, Article 4, Sections 1601-1608 (Appliance Efficiency Regulations) regulates the sale of appliances in California. The Appliance Efficiency Regulations include standards for both federally regulated appliances and non-federally regulated appliances. 23 categories of appliances are included in the scope of these regulations. The standards within these regulations apply to appliances that are sold or offered for sale in California, except those sold wholesale in California for final retail sale outside the state and those designed and sold exclusively for use in recreational vehicles or other mobile equipment.

Title 24: Building Energy Efficiency Standards and CALGreen Building Standards Code In addition to Title 20 (Sections 1601-1608) of the CCR, Title 24, parts 6 and 11, also outlines energy efficient building designs for new development. The CCR’s 2019 Building Energy Efficiency Standards (Title 24, Part 6), and the CALGreen Building Standards Code (Title 24, Part 11), establish mandatory guidelines and standards requiring more energy efficient new and existing developments. The California Energy Commission adopted the Building Energy Efficient Standards for all new residential and nonresidential construction to reduce greenhouse gases, as a part of the California Building Code, Title 24. This requires new homes to include at least 50 percent of kitchen lighting to be LED, compact fluorescent or similar high efficiency fixtures, double pane windows, cool roofs, and other design techniques to reduce heat loss. Title 24, Part 11, establishes design and development methods that include environmentally responsible site selection, building design, building siting and development to protect, restore and enhance the environmental quality of the site and respect the integrity of adjacent properties. The proposed project will be required to comply with the state implemented standards for energy efficient new developments.

Local and City Regulations

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Sustainable Communities Strategy
The Sustainable Communities and Climate Protection Act of 2008, or Senate Bill 375, coordinates land use planning, regional transportation plans, and funding priorities to help California meet the GHG reduction Mandates of AB 32. The project is located within the Southern California Association of Governments (SCAG) jurisdiction, which has the authority to develop the sustainable communities strategy (SCS) or alternative planning strategy (APS). For the SCAG region, the targets set by the California Air Resources Board (CARB) are at eight percent below 2005 per capita GHG emissions levels by 2020 and 19 percent below 2005 per capita GHG emissions by 2035. These reduction targets became effective October 2018.

Desert Cities Energy Partnership and Green for Life Project Rancho Mirage is an active member of the Desert Cities Energy Partnership (DCEP), a partnership of Southern California Edison (SCE), Southern California Gas Company (SoCalGas), Imperial Irrigation District (IID), the Agua Caliente Band of Cahuilla Indians, and the cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, La Quinta, Rancho Mirage, Palm Desert, and Palm Springs, managed by the Coachella Valley Association of Governments (CVAG). Green for Life is an energy-saving program funded by the California Public Utilities Commission (CPUC) through SCE and administered by CVAG.

Rancho Mirage Energy Authority
The Rancho Mirage City Council started the Rancho Mirage Energy Authority (RMEA) for the purpose of helping to reduce the community’s SCE electricity bills. Pursuant to CCA law, RMEA is an all-new, locally-run, not-for-profit power program created by the City of Rancho Mirage. RMEA purchases power directly from power providers, pays consultants for compliance functions, and sets electricity rates based on costs. RMEA power is delivered through SCE poles and wires. SCE is still the utility and will continue to bill and collect from customers but using RMEA’s lower electricity rates will allow businesses and residents to save 5 percent.

RMEA also allows customers to choose 100 percent renewable energy through their Premium Renewable Choice rate plan. This plan offers customers the option of “opting- up” to 100 percent renewable energy at an affordable price. Residential and commercial accounts will see an incremental increase from the Base Choice rate of $0.009 or 0.9 cents per kWh.

Rancho Mirage Sustainability Plan
The City of Rancho Mirage established their Sustainability Plan in 2012 as a framework for the development and implementation of policies and programs that will reduce the City’s GHG emissions. State-wide regulations, including previously mentioned AB 32, act as policy guides for the City of Rancho Mirage to achieve GHG reduction goals. Through the Sustainability Plan, the City is determined to reduce energy use and waste, create local jobs, improve air quality, and preserve the local landscape and history in order to benefit the City in the future.

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The Sustainability Plan addresses the major sources of emissions in seven spheres of daily life: Where We Live, Where We Work, How We Build, How We Get Around, How We Govern, Where We Visit and Play, and How We Teach and Learn. For each sphere, the Sustainability Plan suggests a number of programs or policies that can be implemented by Rancho Mirage to meet its goals by the year 2020.

Rancho Mirage Greenhouse Gas Inventory
The Rancho Mirage Greenhouse Gas Inventory (GHG Inventory) was published by the City in September 2012 to inform residents and businesses of its ecological footprint in significant detail. The GHG Inventory establishes a 2010 baseline of emissions from which reductions will be measured to be aligned with State of California law. The GHG Inventory, the City of Rancho Mirage can assess its GHG emissions and strategically implement policies that specifically target GHG emissions by sector or source. Thus creating the most mitigating impact while introducing programs and initiatives.

Rancho Mirage General Plan 2017
The City of Rancho Mirage is committed to encouraging the conscious use of energy resources by encouraging the development and use of alternative and renewable reducing energy demand and consumption within their City. Energy efficiency is emphasized in the Conservation and Open Space (COS), Air Quality (AQ), and Community Design Elements (CD) of the Rancho Mirage General Plan. Some goals and policies encouraging energy efficiency are provided as follows:
• Goal COS 4 – The conservation, efficient use, and thoughtful management of energy sources and mineral deposits.
• Goal COS 5 – The long-term viability of limited and non-renewable resources. • Policy COS 5.1 – The City shall promote energy efficiency and conservation in all areas of community development, including transportation, development planning, and public and private sector construction and operation, as well as in the full range of residential and non-residential projects.
• Policy CD 8.2 – The City shall encourage new development to incorporate “green building” practices to maximize resource conservation and be compatible with the surrounding desert environment.
• Program CD 8.2A – Encourage architects, developers and designers to implement all of the 2016 California Green Building Standards Code, as opposed to just the mandatory measures.

Rancho Mirage Municipal Code
Similar to the Sustainability Plan and the 2017 General Plan, the City’s Municipal Code also includes provisions that encourage the use of alternative transportation means that reduce the use of non-renewable energy and the use of energy efficient appliances and building design standards. The following list includes some of these provisions:

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• Chapter 10.80, Transportation Demand Management, which is intended to protect the public health, safety and welfare by reducing air pollution, traffic congestion and energy consumption attributable to vehicle trips and vehicle miles traveled. • Chapter 15.02.010, Codes of 2019 Edition of the California Building Standards Code adopted without local amendments, which states that the 2019 California Energy Code (Part 6 of Title 24 of the CCR), and the 2019 California Green Building Standards Code (Part 11 of Title 24 of the CCR) are applicable within the City, without local amendments.

Regarding federal transportation regulations, the project site is located in a developed area. Access to and from the project site is proposed to occur on Monterey A venue to the east, (future) Dick Kelly Drive/Ginger Rogers Road to the south, and (future) Via Vail to the west. Monterey Avenue is currently developed to ultimate right-of-way width.

However, Dick Kelly Drive/Ginger Rogers Road and Via Vail are both currently undeveloped and will be built to 60-foot and 88-foot ultimate right-of-way, respectively.

The proposed roads would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be proposed pursuant to the ISTEA becaus e SCAG is not planning for intermodal facilities in the project area.

Regarding the State’s Energy Plan and compliance with Title 24 CCR energy efficiency standards, the applicant is required to comply with the California Green Building Standard Code requirements for energy efficient buildings and appliances as well as utility energy efficiency programs implemented by Southern California Edison and the Southern California Gas Company.

Regarding Pavley (AB 1493) regulations, an individual project does not have the ability to comply or conflict with these regulations because they are intended for agencies and their adoption of procedures and protocols for reporting and certifying GHG emission reductions from mobile sources.

Regarding the State’s Renewable Energy Portfolio Standards, the project would be required to meet or exceed the energy standards established in the California Green Building Standards Code, Title 24, Part 11 (CALGreen). CALGreen Standards require that new buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant-emitting finish materials.

Per the Rancho Monterey Specific Plan Amendment (SPA), landscaping lighting will include tree and shrub up lights, path lights, and step lights. All lighting will be low voltage and have low maintenance LED fixtures (SPA Section 4.4, Landscape Design Guidelines). Additionally, energy efficiency is encouraged through the use of window overhangs, arcades, solar water heating, advanced heating and cooling systems, or other conservation measures (SPA Section 4.3, Architectural Design Guidelines).

The project is consistent with eh applicable strategies of the City of Rancho Mirage’s Sustainability Plan and Energy Action Plan, as well as CARB’s Scoping Plan. The project 8-108

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property will comply with all applicable federal, state, and local guidelines and regulations regarding energy efficient building design and standards. Therefore, the proposed project is not anticipated to conflict or obstruct a state or local plan for renewable energy or energy efficiency. The project proposes transient lodging uses and will not have any long-term effects on an energy provider’s future energy development or future energy conservation strategies. Less than significant impacts are expected.

Mitigation Measures:

None

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7. GEOLOGY AND SOILS – Would
the project:

Potentially
Significant
Impact

Less Than
Significant with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Expose people or structures to
potential substantial adverse
effects, including the risk of loss,
injury, or death involving:

i) Rupture of a known
earthquake fault, as delineated on
the most recent Alquist-Priolo
Earthquake Fault Zoning Map
issued by the State Geologist for
the area or based on other
substantial evidence of a known
fault? Refer to Division of Mines
and Geology Special Publication

42. ii) Strong seismic ground
shaking?
iii) Seismic-related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion
or the loss of topsoil?
c) Be located on a geologic unit or
soil that is unstable, or that would
become unstable as a result of the
project, and potentially result in
on- or off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?

d) Be located on expansive soil, as
defined in Table 18-1-B of the
Uniform Building Code (1994),
creating substantial risks to life or
property?

e) Have soils incapable of
adequately supporting the use of
septic tanks or alternative
wastewater disposal systems
where sewers are not available for
the disposal of wastewater?

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f) Directly or indirectly destroy a
unique paleontological resource of
site or unique geologic feature?

Source: The Alquist-Priolo Earthquake Fault Zoning (AP) Act, California Department of Conservation; 2017 Rancho Mirage General Plan Update; Rancho Mirage General Plan EIR May, 2005; Riverside County Ge neral Plan, Safety Element, 2016; Riverside County General Plan Geotechnical Report 2000.

Setting

Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was enacted in 1972 to prohibit the location of developments and structures for human occupancy across the trace of active faults. To assist with this, the State Geologist delineates appropriately wide earthquake fault zones (Alquist-Priolo Zones) to encompass potentially and recently active traces, which are submitted to city and county agencies to be incorporated into their land use planning and construction policies. A trace is a line on the earth’s surface defining a fault, and an active fault is defined as one that has ruptured in the last 11,000 years. The minimum distance a structure for human occupancy can be placed from an active fault is generally fifty feet.

Seismic Hazard Mapping Act
The Seismic Hazards Mapping Act (SHMA) of 1990 directs the Department of Conservation, California Geological Survey to identify and map areas prone to earthquake hazards of liquefaction, earthquake-induced landslides and amplified ground shaking. The purpose of the SHMA is to reduce the threat to public safety and to minimize the loss of life and property by identifying and mitigating these seismic hazards.

The SHMA requires the State Geologist to establish regulatory zones (Zones of Required Investigation) and to issue appropriate maps (Seismic Hazard Zone maps). These maps are distributed to all affected cities, counties, and state agencies for their use in planning and controlling construction and development. Single family frame dwellings up to two stories not part of a development of four or more units are exempt from the state requirements.

However, local agencies can be more restrictive than state law requires.

California Code of Regulations, Title 24 (California Building Standard Code) The California Building Standards Commission operates within the Department of General Services and is charged with the responsibility to administer the process of approving and adopting building standards for publication in the California Building Standards Code (Cal.

Code Regs., Title 24). These regulations include provisions for site work, demolition, and construction, which include excavation and grading, as well as provisions for foundations, retaining walls, and expansive and compressible soils. The California Building Code also provides guidelines for building design to protect occupants from seismic hazards.

South Coast Air Quality Management District
South Coast Air Quality Management District (SCAQMP) is the regulatory agency responsible for improving air quality for Orange County and portions of Los Angeles, San Bernardino, and Riverside counties, including the Coachella Valley. SCAQMD is responsible for controlling emissions primarily from stationary sources of air pollution, including grading 8-111

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and construction sites. The main source of pollution from grading and construction activities is fugitive dust, which is particulate matter that is suspended in the air by direct or indirect human activities. Two South Coast AQMD rules were adopted with the purpose of reducing the amount of fugitive dust entrained as a result of human activities. Rule 403 applies to any activity capable of generating fugitive dust. Rule 403.1 is supplemental to Rule 403 and applies only to fugitive dust sources in Coachella Valley.

Rule 403 (Fugitive Dust) requires the implementation of best available dust control measures (BACM) during active operations capable of generating fugitive dust. This rule also requires activities defined as “large operations” to notify the South Coast AQMD by submitting specific forms. A large operation is defined as any active operation on property containing 50 or more acres of disturbed surface area; or any earth moving operation with a daily earth- moving or throughput volume of 5,000 cubic yards, three times during the most recent 365 day period.

Rule 403.1 (Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources) is a supplemental rule to Rule 403 and is applicable to man-made sources of fugitive dust in Coachella Valley. The purpose of this rule is to reduce fugitive dust and resulting PM10 emissions from man-made sources in the Coachella Valley. Rule 403.1 requires a Fugitive Dust Control Plan approved by South Coast AQMD or an authorized local government agency prior to initiating any construction/earth-moving activity. These requirements are only applicable to construction projects with 5,000 or more square feet of surface area disturbance.

Paleontological Resources
Paleontological resources are the fossilized remains of ancient plants and animals. They occur in older soils which have been deposited in the Valley over millions of years. Figure

4.9.3, Paleontological Sensitivity, in the Riverside County General Plan, recognized the property as having low potential for Paleontological Sensitivity. Areas recognized for having a “low” potential have a reduced likelihood of containing significant non-renewable paleontological resources, including vertebrate or significant invertebrate fossils.

Discussion of Impacts:

a) i. Less than Significant Impact. The City of Rancho Mirage, similar to most of Southern California, is susceptible to earthquakes due to the active faults that traverse the region. The Rancho Mirage General Plan Environmental Impact Report (EIR) states that classifying an active fault helps gauge the surface rupture potential of a fault and prevents development from being sited directly on an active fault. Additionally, the ability to identify and locate faults makes ground rupture the easiest seismic hazard to avoid.

According Exhibit 21, Faults in the Rancho Mirage General Plan Area, in the City’s General Plan Safety Element and the Rancho Mirage General Plan ArcGIS Public Web Application, multiple faults are located within and in close proximity to Rancho Mirage. These faults include the Banning, Garnet Hill, San Andreas, Santa Ana Thrust, 8-112

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Deep Canyon, San Jacinto, and San Gorgonio Pass faults. The faults are capable of creating an earthquake in the Rancho Mirage area, however, no known active or inactive faults traverse through or near the project site.

In order to reduce the losses from surface fault rupture on a statewide basis, the Alquist-Priolo (AP) Earthquake Fault Zone Act was passed in 1972 after the San Fernando earthquake a year prior. The AP Earthquake Fault Zone Act is intended to ensure public safety by prohibiting the siting of most structures for human occupancy across traces of active faults that constitute a potential hazard to structures from surface faulting or fault creep. After consulting the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist, it can be determined that the closest AP Earthquake Fault Zone to the project site is at the San Andreas Fault, approximately 3.0 miles northeast. Therefore, due to the distance of the fault zone, it can be concluded that risks associated with primary surface ground rupture are low.

Per the AP Earthquake Fault Zone Map and the 2017 Rancho Mirage General Plan (RMGP), rupture from an earthquake fault is not anticipated on the project property and no known active faults traverse through or are found near the project site, although seismically induced ground shaking is expected in the City of Rancho Mirage. The project site is not located in an AP Earthquake Fault Zone; therefore, impacts are less than significant.

ii. Less than Significant Impact. Seismically induced ground shaking is anticipated in the entire Coachella Valley, due to the multiple northwest-southeast trending faults in the region. Although these faults produced the unique topography in the Coachella Valley (high mountain ranges and a low valley floor), the major faults, such as the San Andreas Fault, have the potential to produce strong shaking during a seismic event.

The strength of ground shaking is accredited to the distance from the fault; where the intensity of the seismic shaking decreases the further it is from the causative fault.

The 2017 RMGP Safety Element indicates that ground shaking during an earthquake is the most significant seismic hazard that will impact Rancho Mirage.

The approximately 35-acre project property proposes the development of a mixed- use community, consisting of residential uses, commercial retail uses, open space areas, and associated improvements. To ensure the safety of the project site against strong seismic ground shaking, structures shall be designed and constructed in accordance with the most current edition of the California Building Code (CBC). The project shall comply with the most current seismic design coefficients and ground motion parameters and all applicable provisions of the CBC.

Following the regulations provided by the City and the California Building Code, the proposed development will be constructed in a manner that reduces the risk of seismic hazards (Title 24, California Code of Regulations). Remedial grading and construction will work to reduce exposure of people or structures to adverse effects to the greatest extent possible against seismic hazards. Site work shall also be 8-113

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conducted in accordance with the Rancho Mirage Municipal Code, and all grading and construction plans will be reviewed and approved by the City. These requirements are designed to reduce impacts related to strong ground shaking; therefore, less than significant impacts are anticipated.

iii. Less than Significant Impact. The RMGP states that liquefaction may occur when loose, unconsolidated, saturated, sandy soils are subject to ground vibrations during a seismic event. This occurs in areas where the ground water table is within 50 feet of the ground surface and when seismic events occur that generate a Modified Mercalli Intensity value of VII or greater. Significant ground shaking can suddenly increase water pressure in the pores between soil particles and cause soils to lose cohesion and “liquefy.” This loss of soil strength can cause a building to sink, tilt and suffer structural damage. Other effects of liquefied soils include a loss of bearing strength, ground oscillations, lateral spreading, and ground lurching and slumping.

Three conditions must be met in order for liquefaction to occur. There must be (1) a relatively long duration of strong ground shaking, (2) the presence of unconsolidated sediments consisting primarily of silty sand and sand, and (3) the presence of groundwater within 50 feet of the ground surface. Exhibit 22, Areas Susceptible to Liquefaction Map, in the 2017 RMGP, identifies the project location to be in an area of moderate liquefaction susceptibility, primarily due to the liquefaction susceptible soils present at the project site. However, the deep groundwater in Rancho Mirage does not allow the saturation of the sediments; therefore, the potential for liquefaction to occur at the project site is less than significant.

Although the project area is not susceptible to liquefaction, the 2017 RMGP categorizes a majority of Rancho Mirage, including the project area, as having a high susceptibility to seismically induced settlement (Exhibit 23). This is due to the windblown sands and other recently deposited sediments that are typically loose and, therefore, potentially subject to seismically induced settlement. Strong seismic shaking, the 2017 General Plan states, can cause densification or compaction of soils resulting in local or regional settlement of the ground surface, which can cause damage to foundations and structures. The project site, which is currently vacant and undeveloped, shall implement proper excavation, compaction, and foundation design during development of the site to avoid effects caused by seismically induced settlement.

To ensure the safety of the project against seismically induced hazards, the project site shall adhere to the standard design requirements stated in the most recent California Building Code (CBC), and the City’s building standards. Overall, impacts from seismically induced ground failure such as liquefaction and settlement are anticipated to be less than significant at the project site.

iv. No Impact. As discussed throughout this Geology and Soils Section, the City of Rancho Mirage, like most of Southern California, is susceptible to seismic ground shaking due to the multiple faults in the region. As a result of seismic ground shaking, 8-114

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slope failure, such as rockfalls and landslides, may occur, especially throughout elevated areas in the City.

According to the Safety Element in the 2017 RMGP, seismically induced landslides and rock falls can be expected primarily in the southern portion of the City including areas near the Santa Rosa Mountains (where the bedrock is intensely fractured or jointed), the Indio Hills area, and some sections of Highway 111. The Seismically Induced Rock Falls and Landslide Susceptibility Map (Exhibit 24), in the 2017 RMGP, classifies the project location in an area of low susceptibility of being impacted by rock falls and seismically induced landsliding, due to the relatively flat topography found onsite and in the surrounding area. Therefore, impacts associated with landslides and rockfalls are not anticipated in the project area. No impact.

b) Less than Significant Impact. The 2017 RMGP states that most of the City is highly susceptible to wind erosion. The geomorphology of the Coachella Valley, its extreme aridity, and the marine air masses funneled from the west through the San Gorgonio Pass create strong and persistent winds in the valley. These strong winds have been blowing and redistributing sand deposits in the area for thousands of years.

Additionally, lands disturbed by flooding, grading or agricultural activities are subject to significant erosive forces that suspend fine dust and transport sand over great distances. This is a concern for the City of Rancho Mirage because the eroded particles have the ability to damage vehicles, structures, and other improvements due to windblown sand.

The proposed 35-acre project site, located west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment, currently resides on vacant and undeveloped land. According to the City’s Wind Erosion Hazard Map (Exhibit 25 of the RMGP), the site is characterized as being within an area exposed to both “severe” wind erosion hazard in the northeast portion of the site and “very severe” wind erosion hazard in the southwest portion of the site. Severe wind erosion hazard is defined as areas exposed to erosive winds where the soils show distinct evidence of wind removal and/or accumulation in hummocks 24 to 48 inches high, while very severe wind erosion hazard areas are properties exposed to erosive winds where soils show very distinct evidence of wind removal and/or accumulation forming dunes more than 48 inches high.

The project site is currently vacant and undeveloped. The project site proposes a mixed-use community consisting of residential, commercial retail, office, hospitality, and open space uses. Construction of the site will result in ground disturbing activities such as the clearing and grubbing of vegetation and grading, which may increase the potential of soil erosion.

Blowing sand and fugitive dust (discussed previously in the Air Quality section of this document) constitutes a significant local environmental and health hazard. Control of this hazard, as required by the City, includes a submittal of a Fugitive Dust Control Plan prior to development. Per South Coast Air Quality Management District 8-115

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(SCAQMD) Rule 403.1, the project will be required to submit a Local Air Quality Management Plan (LAQMP) to be reviewed as part of the grading permit process to minimize potential impacts caused by blowing dust and sand during construction.

Procedures, and best management practices (BMPs) set forth in the Plan will ensure that potential erosion is controlled during the construction process. These BMPs may include watering of the site during construction, the installation of retaining walls and landscaping materials, or the application of chemical soil stabilizers. As a standard condition, any ground surface area adjacent to the proposed development that is temporarily disturbed by construction activities must be entirely covered by the LAQMP and must be properly re-stabilized to satisfy the City, SCAQMD, and NPDES requirements. The adjoining areas disturbed during construction due to temporary staging or soil movement must be treated with an effective long-term soil stabilizer or an equivalent cover method, subject to review and approval by the City of Rancho Mirage. These actions will be regulated by the plan review process prior to obtaining a grading permit and will be enforced as part of the agency site inspection protocols during construction. See the Air Quality Section of this document for further discussion.

Along with the implementation of the LAQMP, to further avoid erosion at the project site, the developer must comply with the State’s most current Construction General Permit (CGP) (Order No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ). Compliance with the CGP involves the development and implementation of a project-specific Stormwater Pollution Prevention Plan (SWPPP) designed to reduce potential adverse impacts to surface water quality during the period of construction. The required plan will identify the locations and types of construction activities requiring BMPs and other necessary compliance measures to prevent soil erosion and stormwater runoff pollution. The plan will also identify the limits of allowable construction-related disturbance to prevent any exceedances or violations. Waterborne erosion and the City’s Standard Conditions associated with it are thoroughly discussed in the Hydrology and Water Quality Section of the document.

In addition to the LAQMP and the SWPPP, project will include the development of both pervious and impervious surfaces. The pervious surfaces will include landscaped areas and the proposed open space and retention areas, while the impervious surfaces will include the building areas, parking lots, sidewalks, and drive aisles.

Landscaping of the project will contain trees, shrubs, and ground covers, as well as crushed rocks and boulders. The permanent stabilization methods of paving and landscaping at the project site will decrease the amount of erosion created at the property during project operation.

With the implementation of the LAQMP, and SWPPP (outlined above and in the Air Quality and Hydrology Sections of this document), along with the paved and landscaped surfaces on the property, impacts regarding erosion from the project site are expected to be less than significant.

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c) Less than Significant Impact. The approximately 35-acre project will include the development of a mixed-use property, located west of Monterey Avenue and north of the Dick Kelly Drive alignment in Rancho Mirage. The vacant project site was analyzed for the likelihood of potential hazards such as landslides, liquefaction, and subsidence. The findings are discussed as follows:

As identified in portion a) iii. of this Geology and Soils Section, liquefaction occurs when loose, unconsolidated, saturated, sandy soils are subjected to ground vibrations during a seismic event. This occurs in areas where the ground water table is within 50 feet of the ground surface and when seismic events occur the sudden increase in water pressure in the pores between soil particles and the loss of cohesion with the soils causes them to act like a liquid. Per the City General Plan, the depth to groundwater in most of Rancho Mirage, including the project property, is more than 50 feet below ground surface. Therefore, the potential for liquefaction at the project is considered negligible. Less than significant impacts are anticipated.

Lateral spreading is the lateral displacement of gently sloping ground as a result of pore pressure build-up or liquefaction in a shallow underlying deposit during an earthquake. As discussed in a) iii, the risk of liquefaction at the project site is considered moderate due to the underlying soil type, however because of the presumed lack of shallow groundwater below the site, the potential for liquefaction is considered negligible; therefore, the potential for lateral spreading is low. Impacts are anticipated to be less than significant.

As discussed in portion a) iv. of this Geology and Soils Section, the City of Rancho Mirage indicates that the project is located in an area of low susceptibility of being impacted by rock falls and landslides. The existing project site is characterized by relatively flat topography, descending from the southwest to the northeast, where an existing retention basin occurs. Onsite topographical relief consists of sand hummocks that rise from one to three feet above their base. Due to the absence of steep slopes around the project site, impacts of landslides are not expected.

The 2017 Rancho Mirage General Plan defines subsidence as gradual settling or sinking of the ground surface with little or no horizontal movement. Several regions of subsidence have been documented in Riverside County, all of them in deep, alluvium-filled valleys. Subsidence can be caused by both human activities and natural causes, such as earthquakes. In most cases, the cause of ground subsidence in the Coachella Valley is typically due to declining groundwater levels. The recognition that ground subsidence is an environmental restraint has forced agencies, such as the U.S Geological Survey and the Coachella Valley Water District, to devote resources to the study and mitigation of this potential hazard. Regional subsidence from groundwater withdrawal is a potential hazard that the City can proactively mitigate by supporting the proper management of the groundwater supplies, creating water conservation programs, encouraging water recycling, and educating the public. In addition, building and seismic code requirements assure that potential impacts associated with ground subsidence is reduced to less than significant levels. 8-117

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According to the Rancho Mirage General Plan EIR, strong ground shaking can cause densification or compaction of soils resulting in local or regional settlement of the ground surface. During strong shaking, soil grains become more tightly packed due to the collapse of voids and pore spaces, resulting in a reduction of the thickness of the soil column. This type of ground failure typically occurs in loose granular, cohesionless soils, and can occur in either wet or dry conditions. This can result in local differential settlement and damage to foundations and structures, as well as damage to water and sewer lines. According to Exhibit 23 in the RMGP, the project site is displayed as having high susceptibility to seismically induced settlement. The project property is currently vacant and undeveloped. To reduce the potential for seismic settlement in the project area, the City recommends proper excavation, compaction, and foundation design (page 86 of the RMGP). Grading plans and structural engineering plans will be reviewed and approved by the City.

The project will be conditioned to comply with the recommendations within the RMGP and EIR, the Rancho Mirage Municipal Code, and the most recent California Building Code (CBC). Overall, less than significant impacts are anticipated.

d) Less than Significant Impact. Expansive soils, as defined in the Riverside County General Plan, have a significant amount of clay particles which can give up water (shrink) or take on water (swell). The change in volume exerts stress on buildings and other loads placed on these soils, which is why they are a potential hazard. These soils can also be widely dispersed, occurring in both hillside areas and low-lying alluvial basins.

Currently, expansion testing and mitigation is required by grading and building codes. The Rancho Mirage Municipal Code (RMMC) 15.64.650 states that a test for expansive soils shall be performed on soils within four feet of the finish grade of any area intended or designed as a location for a building. If expansive soils are found, then the project shall follow the recommendations provided in the RMMC:

1. Remove such expansive soil to a minimum depth of four feet below finish grade and replace with properly compacted, non-expansive soil; or

2. Have a soil engineer waive or reduce the requirement for removal and replacement of the expansive soils reported on the project and make recommendations for the design; or

3. Place expansive soils from cut areas in lower extremities of embankments, and non-expansive material shall be reserved, stockpiled or otherwise handled so that they may be placed as a cap over expansive soils; or

4. Dispose of expansive soils in proper areas, and not onsite.

Engineering designs are created to alleviate problems created by expansive soils.

These designs include the use of reinforcing steel foundations, drainage control devices, over-excavation and backfilling with non-expansive soil. New developments, such as the proposed project, can avoid future issues through proper site 8-118

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investigation, soils testing, foundation design, and quality assurance during grading operations as required by the Riverside County Building Code.

Impacts from expansive soils are expected to be less than significant with the project’s adherence to County and City standard conditions during grading and construction.

e) No Impact. The project property is located west of Monterey Avenue and north of the Dick Kelly Drive/Ginger Rogers Road alignment. The project site is surrounded by developed land to the north and east, while vacant properties are located immediately west and south of the property. Land uses north and east of the project consists of commercial retail uses.

The project area is provided with sanitary sewer service by the Coachella Valley Water District (CVWD). The existing infrastructure located along Monterey Avenue will provide the project access to wastewater treatment infrastructure (further discussed within the Utilities Section of this document). The proposed project will be required to connect to sanitary sewer lines and no septic systems will be permitted. No impacts are expected.

f) Less than Significant Impact with Mitigation. Paleontological resources provide evidence of past life forms and their biota, which is valued for the information they yield about the history of earth and its past ecological settings. Per Figure OS-8, Paleontological Sensitivity, in the Riverside County General Plan’s Multipurpose Open Space Element, the property is recognized for having low potential for Paleontological Sensitivity. Areas recognized for having a “low” potential have a reduced likelihood of containing significant non-renewable paleontological resources, including vertebrate or significant invertebrate fossils. Moreover, the site is not recognized as a unique paleontological or a unique geologic 85eaturee. Additionally, the project property lies in an urbanized context within the City, surrounded by commercial uses and vacant land. Therefore, it is unlikely that paleontological resources are onsite.

However, if any paleontological resources or finds are unearthed during any ground- disturbing activities a qualified paleontologist should be notified. Less than significant impacts are expected following the recommended mitigation measure.

Mitigation Measures:
f) GEO-1: If during the course of grading or construction, artifacts or other paleontological resources are discovered, all grading onsite shall be halted and the applicant shall immediately notify the City Planner. A qualified paleontologist shall be called to the site, at the cost of the applicant, to identify the resource and recommend mitigation if the resource is significant.

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8. GREENHOUSE GAS EMISSIONS –
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas
emissions, either directly or indirectly,
that may have a significant impact on
the environment?

b) Conflict with an applicable plan,
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?

Sources: Final 2016 Air Quality Management Plan (AQMP), by SCAQMD, March 2017; Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by SCAQMD, August 2003; Analysis of the Coachella Valley PM10 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010; California Emissions Estimator Model (CalEEMod), Version 2020.4.0. California Greenhouse Gas Emissions for 2000 to 2019, Trends of Emissions and Other Indicators, 2021 Edition, California Air Resources Board; Release No. 18-37 & 19-35, California Air Resources Board Press Release, July 2018 and August 2019 ; Rancho Mirage Sustainability Plan, March 2013; Rancho Monterey Specific Plan Amendment, County of Riverside Climate Action Plan (CAP) Greenhouse Gas Assessment, September 27, 2022.

Setting:

Summary of Local and Statewide Greenhouse Gas Regulations and Trends:

Greenhouse gases (GHG) are a group of gases that trap solar energy in the Earth’s atmosphere, preventing it from becoming too cold and uninhabitable. Common greenhouse gases in the Earth’s atmosphere include water vapor, carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), ozone, and chlorofluorocarbons to a lesser extent. Carbon dioxide is the main GHG thought to contribute to climate change. Carbon dioxide reflects solar radiation back to Earth, thereby trapping solar energy and heat within the lower atmosphere.

Human activities (such as burning carbon-based fossil fuels) create water vapor and CO2 as byproducts, thereby impacting the levels of GHG in the atmosphere. Carbon dioxide equivalent (CO2e) is a metric used to compare emissions of various greenhouse gases. It is the mass of carbon dioxide that would produce the same estimated radiative forcing as a given mass of another greenhouse gas.

To address the long-term adverse impacts associated with global climate change, California’s Global Warming Solutions Act of 2006 (AB 32) requires California Air Resource Board (CARB) to reduce statewide emissions of greenhouse gases to 1990 levels by 2020. In 2016, Governor Jerry Brown signed Senate Bill 32 (SB32) that requires California to reduce GHG emissions to 40 percent below 1990 levels by 2030. With the passage of the California Global Warming Solutions Act of 2006 (Assembly Bill 32) in California, environmental documents for projects pursuant to CEQA are required to analyze greenhouse gases and assess the potential significance and impacts of GHG emissions.

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California’s annual statewide GHG emission inventory is an important tool for determining historical emission trends and tracking California’s progress in reducing GHGs. In concert with data collected through various California Global Warming Solutions Act (AB 32) programs, the GHG inventory has been considered critical in demonstrating the state’s progress in achieving the statewide GHG target. The inventory provides estimates of anthropogenic GHG emissions within California. CARB is responsible for maintaining and updating California’s GHG Inventory.

On July 11, 2018, CARB announced in a press release (No. 18 -37) that greenhouse gas pollution in California fell below 1990 levels for the first time since emissions peaked in 2004, an achievement roughly equal to taking 12 million cars off the road or saving 6 billion gallons of gasoline a year. Moreover, according to the CARB report on California Greenhouse Gas Emissions for 2000 to 2017 (published in 2019), which tracks the trends of GHG emissions, California’s GHG emissions have followed a declining trend between 2007 and 2017. In 2017, emissions from GHG emitting activities statewide were 424 million metric tons of CO2 equivalent (MMTCO2e), 5 MMTCO2e lower than 2016 levels and 7 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The largest reductions are attributed to the electricity sector, which continues to see decreases as a result of the state’s climate policies.

The transportation sector remains the largest source of GHG emissions in the state, but saw a 1 percent increase in emissions in 2017, the lowest growth rate over the previous 4 years.

On August 12, 2019, California Governor Gavin Newsom announced in a press release (No. 19-35) that GHG emissions in California continued to fall ahead of schedule in 2017 as the state’s economy grew ahead of the national average, according to the California Air Resources Board’s latest state inventory of climate-changing emissions. The data also shows that for the first time since California started to track GHG emissions, the state power grid used more energy from zero-GHG sources like solar and wind power than from electrical generation powered by fossil fuels. The press release also included the following highlights:

Electricity: Emissions from electricity generation made up about 15 percent of 2017 statewide greenhouse gas emissions. In 2017, those emissions fell nine percent from 2016, the largest decline of any economic sector. A large increase in zero-emission energy resources drove the reduction. Those clean sources powered 52 percent of all California’s electricity consumed in 2017.

Transportation: Vehicle tailpipe emissions accounted for 37 percent of California’s 2017 GHG emissions. Those emissions rose but showed signs of leveling off. The 2017 increase was 0.7 percent, down from two percent the preceding year. Most of the greenhouse gas emissions increase came from passenger vehicles.

Industry: Industrial emissions over multiple sectors showed a slight reduction or remained flat. California’s industrial sectors generated 21 percent of state GHGs in 2017. Oil & gas refineries and hydrogen production were responsible for one-third of those emissions. The rest came mostly from oil & gas extraction, cement plants, glass manufacturers and large food processors.

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The CARB report on California Greenhouse Gas Emissions for 2000 to 2019 (2021 Edition) indicates that in 2019, emissions from GHG emitting activities statewide were 418.1 million metric tons of carbon dioxide equivalent (MMTCO2e), 7.1 MMTCO2e lower than 2018 levels and almost 13 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The 2021 report also indicates that transportation emissions have continued to decline in 2019 as they had done in 2018, with even more substantial reductions due to a significant increase in renewable diesel (up 61 percent from 2018), making diesel fuel bio-components (biodiesel and renewable diesel) 27 percent of total on-road diesel sold in California. Total electric power emissions decreased by almost 7 percent in 2019, due to a continuing increase in renewable energy, including a 46 percent increase in available hydropower in 2019.

South Coast Air Quality Management District: On December 5, 2008, the SCAQMD Governing Board adopted the staff proposal for an interim GHG significance threshold for projects where the SCAQMD is lead agency. A threshold for projects where SCAQMD is not the lead agency has not been adopted. The City of Rancho Mirage also has not adopted a GHG numeric threshold of significance. From the interim GHG guidance, a GHG emission level of 3,000 metric tons of carbon dioxide equivalent (MTCO2e) has served as measure to distinguish small projects that can be screened out while achieving the emission capture rate of 90 percent for all new or modified projects subject to environmental review.

According to the SCAQMD guidance, the 90 percent emission capture rate sets the emission threshold low enough to capture a substantial fraction of future stationary source projects that will be constructed to accommodate future statewide population and economic growth, while setting the emission threshold high enough to exclude small projects that will in aggregate contribute a relatively small fraction of the cumulative statewide GHG emissions.

This assertion is based on the fact that staff estimates that these GHG emissions would account for less than one percent of future 2050 statewide GHG emissions target (85 MMTCO2eq per year). In addition, these small projects would be subject to future applicable GHG control regulations that would further reduce their overall future contribution to the statewide GHG inventory. The project’s GHG emission calculations are subsequently provided in this section.

Rancho Mirage Sustainability Plan: The City of Rancho Mirage completed the 2013 Sustainability Plan: Leadership in Energy Efficiency (Sustainability Plan) in May 2013. The Sustainability Plan is a framework for the development and implementation of policies and programs that will reduce the City’s emissions, working towards the Statewide target of 1990 levels by 2020, set by AB 32. Based on this plan, for the City to achieve the Statewide target of 1990 levels by 2020, it would need to reduce emissions by 54,272 metric tons of carbon dioxide equivalent (MTCO2e), equivalent to a 19.8 percent reduction. The set of measures presented in the Sustainability Plan was expected to reduce the City’s GHG emissions by 60,411 MTCO2e, which exceeds the reduction target by 6,139 MTCO2e (compared with the target amount of 54,272 MTCO2e). The Sustainability Plan is a framework for the development and implementation of policies and programs to reduce the City’s GHG emissions. Rancho Mirage completed the 2010 GHG Inventory to provide an analysis of the City’s carbon footprint, including the sources and sectors of emissions. At the time it was estimated that electricity, transportation fuel, and natural gas were the top three sources of emissions, accounting for a combined 96.11 percent of the community emissions. 8-122

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Discussion of Impacts:

e) Less than Significant Impact. The first step in evaluating the project’s potential impact was to quantify the greenhouse gas emission levels using the widely accepted computer software methodology. The CalEEMod 2020.4.0 analysis for GHG analysis purposes captured a reasonable range of potential land use allocations, including the maximum allowances set forth in the Specific Plan. This method allowed for the calculation and comparison of potential GHG emissions from six land use compositions in terms of dwelling units and commercial space square footage. It is worth noting that this analysis does not intend to account for land use combinations at the site plan level, but rather evaluate the potential gross emission levels that could result from the respective land uses. These configurations are also not intended to represent formal alternatives or supersede any of the development standards established in the Specific Plan. The following land use composition summaries are numbered primarily for air quality and GHG purposes, and to account for the input land use parameters entered in CalEEMod.

• Model 1 – Maximum Residential: This emissions model accounts for the maximum number of dwelling units (400) allowed by the Specific Plan.

• Model 2 – Maximum Commercial: This model accounts for the maximum commercial floor area (150,000 SF) allowed by the Specific Plan.

• Model 4 – Three-Quarters Residential Capacity: This model accounts for three- quarters of the residential capacity (300 dwelling units) and one-quarter of the commercial capacity (37,500 SF).

• Model 5 – Three-Quarters Commercial Capacity: This model accounts for three- quarters of the commercial capacity (112,500 SF) and one-quarter of the residential capacity (100 dwelling units).

• Model 6 – Maximum SPA Capacity: This model accounts for the maximum allowable land uses in the Specific Plan Amendment, consisting of up to 400 dwelling units and 150,000 SF of commercial area.

As a standard method, construction-related GHG emissions for each land use scenario were amortized over a 30-year period and added to the project’s annual operational GHG emissions. The operational GHG emissions are attributed to area sources, mobile sources, solid wastes and water supply, treatment and distribution of the proposed operations.

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The GHG analysis also took into consideration various available factors programmed into the CalEEMod software to reduce GHG emissions. It is worth noting that these factors are not arbitrary or exclusive to CalEEMod, but are rather based on the California Air Pollution Control Officers Association (CAPCOA) Greenhouse Mitigation Measures, which is a technical resource to assess emission reductions. These factors are also not considered conventional mitigation since they are reasonable expectations or regional Air District rules that can be factored into the GHG calculations without the need for enforcement or monitoring. The explanation is provided below:

GHG Reduction Factors

A conservative rate of 10% of residents will take advantage of partial work from home.

In recent years, work from home or telework has become a more common practice, defined as a work flexibility arrangement between the employee and respective employer, under which the employee performs the duties and responsibilities from home or an approved location other than the office. For context and based on the California State Telework Guide, an estimated 21.7 percent of eligible state employees are partially teleworking. As a GHG-reducing strategy, this analysis assumes that a conservative rate of 10 percent (1 in 10 residents) will take advantage of partial work from home (1.5 days of the work week). While it is not possible to regulate or control the specific work from home rate, the factor used for this project is a reasonable measure given the growing availability of work flexibility arrangements across multiple work sectors.

The project will employ high efficiency light fixtures and appliances.

Recent improvements in technology and production have allowed light-emitting diode (LED) to become a standard form of light over the less efficient incandescent lighting.

This factor reasonably assumes that LED or other high efficiency light fixtures and appliances will be incorporated into the project.

The project will use low VOC materials per SCAQMD Rule 1113.

Rule 1113 was adopted in September 1977 to tackle area source emissions, specifically paint and coatings and their contribution of volatile organic content (VOC). Any person who supplies, sells, offers for sale, or manufactures any architectural coating for use in the South Coast AQMD must comply with the current VOC standards. Therefore, this measure takes into account compliance Rule 1113, which is a mandate (rule) in our SCAQMD jurisdiction.

The project will not have woodstoves or fireplaces per SCAQMD Rule 445

This strategy assumes that the proposed apartments will not have woodstoves or fireplaces, which is consistent with SCAQMD Rule 445 (Wood-Burning Devices), banning the installation of wood-burning devices into any new development.

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Table VIII-1
Total Project Greenhouse Gas Emissions (in MTCO2e per year) Land Use Composition
Models
Amortized
Construction
Emissions
Operational
Emissions
Amortized
Construction and
Operational (Total)
Model 1
(400 Dus) 21.06 2723.81 2744.87
Model 2
(150,000 SF of Commercial) 11.15 2492.42 2503.58
Model 3
(200 Dus + 75,000 SF of Commercial) 16.87 2608.12 2624.99 Model 4
(300 Dus + 37,500 SF of Commercial) 18.79 2665.96 2684.75 Model 5
(100 Dus + 112,500 SF of Commercial) 13.76 2550.27 2564.04 Model 6
(400 Dus +150,000 SF of Commercial) 23.28 5413.65 5436.93 Note: Amortized construction emissions are calculated by dividing the total GHG emission levels for each model by 30 years, respectively. Operational emissions account for area sources, mobile sources, sol id wastes and water supply, treatment and distribution.

As shown in Table VIII-1, implementation of the Specific Plan is expected to result in a range of 2,503.58 to 5,436.93 MTCO2e per year from the evaluated land use conditions including the maximum capacity for development allowed under the amendment.

The GHG emission levels associated with five of the six land use scenarios would occur below the screening level of 3,000 MTCO2e per year, while project implementation at the maximum capacity allowed under the Specific Plan (400 dwelling units and 150,000 square feet of commercial) would potentially occur above the SCAQMD screening level.

In consideration of the maximum and most conservative GHG emission levels associated with the project, this environmental review incorporated the analysis and findings of the Rancho Monterey Specific Plan Amendment County of Riverside Climate Action Plan (CAP) Greenhouse Gas Assessment (GHG Assessment), prepared in September of 2022 by Meridian Consultants as a project-specific technical memorandum. The GHG Assessment was prepared to provide a greenhouse gas consistency assessment of the Rancho Monterey Specific Plan Amendment (SPA) with the County of Riverside Climate Action Plan (CAP) Screening Table. The GHG Assessment took into consideration CEQA Guidelines Section 15064.4 pertaining to the suitable methods for analysis of GHG emissions listed below.

• Use a model or methodology to quantify greenhouse gas emissions resulting from a project. The Lead Agency has discretion to select the model it considers most appropriate provided it supports its decision with substantial evidence. The Lead Agency should explain the limitation of the particular model or methodology selected for use.

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• Rely on a qualitative analysis or performance-based standards

The City has not adopted a numerical significance threshold for assessing impacts related to GHG emissions. Nor have South Coast Air Quality Management District (SCAQMD), Office of Planning and Research (OPR), California Air Resources Board (CARB), California Air Pollution Control Officers Association (CAPCOA), or any other state or regional agency adopted a numerical significance threshold for assessing GHG emissions that is applicable to the project.

Assessing the significance of a project’s contribution to cumulative global climate change involves: (1) developing pertinent inventories of GHG emissions, and (2) considering project consistency with applicable emission reduction strategies and goals. This evaluation of consistency with such plans is the sole basis for determining the significance of the project’s GHG-related impacts on the environment.

In March 2013, the City adopted the 2013 Sustainability Action Plan: Leadership in Energy Efficiency (Sustainability Plan) in order to set GHG reduction goals and measures.

The Sustainability Plan is a framework for the documenting and implementation of policies and programs designed to reduce the City’s GHG emissions. However, these policies and programs were meant to work towards the previous Statewide target of 1990 levels by 2020, set by Assembly Bill (AB) 32.

The County of Riverside CAP (recently updated in December 2019) addresses current GHG emissions reduction in concert with AB 32, Senate Bill (SB) 32 and Executive Order (EO) S-3-05, and international efforts to address global climate change, including specific local requirements that would substantially lessen the cumulative problem. Thus, the CAP update fulfills the description of mitigation found in CEQA Guidelines §15130(a)(3) and §15183.5. The CAP provides a methodology for determining whether implementation of a project will result in significant GHG emissions and air quality impacts. The SCAQMD unofficially recommended a 3,000 MTCO2e per year initial screening threshold for individual projects. This screening criterion was incorporated into the CAP but does not apply for large-scale developments, such as the proposed Specific Plan Amendment. For those projects exceeding the 3,000 MTCO2e screening criterion, or those that are too large to evaluate against a simple metric, the CAP offers the screening table assessment to demonstrate compliance with AB 32.

The CAP establishes a programmatic approach to reducing GHG emissions associated with the continued growth of the County and set a framework for a comprehensive plan that addresses the GHG impacts of future development and County operations. Through the CAP, the County has established goals and policies that incorporate environmental responsibility into its daily management of residential, commercial, and industrial growth, education, energy and water use, air quality, transportation, waste reduction, economic development, and open space and natural habitats. The 2019 CAP Update was approved on December 17, 2019. The 2019 CAP update refines the County’s efforts to meet greenhouse gas (GHG) reduction strategies, specifically for the years 2035 and 2050.

The 2019 CAP update builds upon the GHG reduction strategies in the 2015 CAP. 8-126

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As part of the CAP, the County of Riverside published a guidance document entitled “Greenhouse Gas Emissions, Screening Tables, County of Riverside, California.” As part of this guidance, the County established a threshold of GHG emission levels required for analysis. The County determined that projects with emissions less than 3,000 metric tons of carbon dioxide equivalents (MTCO2e) 3,000 MTCO2e per year, when combined with modest energy efficiency measures (i.e., energy efficient at least five percent greater than 2010 Title 24 requirements and water conservation measures that match the January 2011 California Green Building Code) are considered less than significant and do not require any further analysis.

If the project exceeds 3,000 MTCO2e per year, then: (1) project emissions need to be reduced by 25 percent from year 2011 emissions levels or (2) alternatively, the project would need to achieve a minimum of 100 points pursuant to the CAP Screening Tables.

The Screening Tables also allow developers to tailor their mitigation measures to the project’s needs, rather than have them be subject to “one-size fits all” mitigation measures that may not be appropriate.

The screening table method assigns points for each option incorporated into a project as mitigation or a project design feature (collectively referred to as “feature”). The point values correspond to the minimum emissions reduction expected from each feature. The menu of features allows maximum flexibility and options for how development projects can implement the GHG reduction measures. Projects that garner at least 100 points will be consistent with the reduction quantities anticipated in the County’s CAP Update and would not require quantification of project-specific GHG emissions. Consistent with CEQA Guidelines, such projects would be determined to have a less than significant individual and cumulative impact for GHG emissions. Similar approach was used by Meridian Consultants for recent development projects within the City including the Section 31 Specific Plan EIR (NOD dated December 6, 2019).

The analysis of the impacts associated with the proposed Specific Plan followed the two- step CAP process described above. Based on the project-specific analysis, the operational plus amortized construction emissions associated with the proposed Specific Plan would exceed the CAP’s screening threshold of 3,000 MTCO2e per year without implementing features from the screening tables to reduce the emissions associated with the proposed Specific Plan.

According to the CAP, mixed-use projects (regardless of size) that garner at least 100 points will be consistent with the reduction quantities in the County’s CAP Update and would be considered less than significant for GHG emissions. As such, the option selected to determine GHG impacts is an analysis pursuant to the Screening Tables, as shown in Table VIII-2: County of Riverside Greenhouse Gas Screening Table. It is important to note the features presented in Table VIII-2 represent adherence to regulatory compliance measures such as the General Plan, CalGreen Building Codes, Title 24 requirements and the City’s Municipal Code.

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Table VIII-2
Climate Action Plan Analysis
County of Riverside Climate Action Plan Greenhouse Gas Screening Table Feature Description Project Consistency Points
Screening for GHG Implementation Measures for Residential Development EE5.A.2
Windows
Enhanced Window (0.32 U-Factor, 0.25
SHGC)
The Project will satisfy this measure by adhering to the California Title 24 Update which requires the maximum U- factor for windows to be 0.30.
4 EE5.A.3
Cool Roofs
Enhanced Cool Roof (CRRC 0.2 aged
solar reflectance, 0.75 thermal
emittance)
The Project will satisfy this measure by adhering to the current Building Energy Efficiency Standards for residential development within climate zones 10-15, which requires a solar reflectance of

0.2 and a thermal emittance of 0.75.
7 EE5.B.1
Heating/Cooling
Distribution
System
Modest Duct Insulation (R-6)
Enhanced Duct insulation (R-8)
The Project will satisfy this measure by adhering to the 2019 Energy Code Insulation and QII Requirements which requires duct insulated to R-6 or R-8.
4 EE5.B.3
Water Heaters
Improved Efficiency Water Heater
(0.675 Energy Factor)
The Project will satisfy this measure as typical gas storage water heaters have uniform energy factor (UEF) of 0.60-0.76, electric storage water heaters approximately 0.90, and gas
instantaneous units approximately 0.80-0.94.
7 EE5.B.5
Artificial Lighting
High Efficiency Lights (50% of in-unit
fixtures are high efficiency).

The project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section 150(k) 1A which requires all luminaries or light sources be high efficacy and by permanently installing lighting within the interior common areas in the buildings that are high efficacy luminaries, controlled by an occupant sensor.
6 W2.A.1
Water Efficient
Landscaping
Only California Native Plants that
requires no irrigation or some
supplemental irrigation
Adherence to Section 17.24.070 of the City’s Municipal Code requires landscape design plans include water efficient, drought tolerant, and native plant material. Invasive plants or escaped exotics shall be avoided.
5 W2.A.2
Water Efficient
Irrigation
Systems
Weather based irrigation control
systems or moisture sensors
Per Rancho Mirage Municipal Code 17.24.025, the City adopted CVWD’s Model Water Efficient Landscape Ordinance (MWELO) which establishes landscape and irrigation system design criteria to ensure sustainable landscape design. This requires new landscape plans be designed to incorporate more native and locally compatible drought tolerant planting materials and efficient irrigation systems. The Project will satisfy this measure by adhering to the requirements of the 2022 CalGreen Building Code Section 4.304.1 and complying with MWELO as required by Riverside County Ordinance Section 859.2, resulting in a minimum of 20 percent reduced water use for outdoor irrigation 2 W2.B.1
Showers
Water Efficient Showerheads (2.0 gpm) The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section

4.303.1 by installing showerheads not exceeding 2.0 gpm at 80 psi.
2 W2.B.2
Toilets
Water Efficient Toilets (1.5 gpm) The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section

4.303.1 by installing water efficient toilets less than or equal to

1.28 gal/flush.
2 W2.B.3
Faucets
Water Efficient faucets (1.28 gpm) The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section

4.303.1 by installing water efficient faucets for the lavatories, metering, and kitchen.
2 W2.B.4
Dishwasher
Water Efficient Dishwasher (6 gallons
per cycle or less)
The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section 110.1 to install dishwashers that meet or exceed the ENERGY STAR Program requirements.
1 W2.B.5
Washing
Machine
Water Efficient Washing Machine
(Water factor <5.5)
Compliant to current Building Codes, buildings required to house Energy Star appliances. Additionally, The Project will satisfy this measure by adhering to the Riverside County General Plan 1 8-128

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Energy Efficiency and Conservation policy AQ 5.2 which adopts incentives and/or regulations to enact energy conservation requirements for private and public developments.

ST2.A.1
Sidewalks
Provide pedestrian linkage between
residential and commercial uses within
1 mile
Per Section 4.4 of the SPA, perimeter streets and edge
conditions shall include landscape screening and buffering for successfully integrating into the surrounding area. Monterey Avenue will include a 25-foot landscape area with 8-foot meandering sidewalk. The proposed residential community is located within a mile- radius to existing restaurants and services along Monterey Avenue, east of the project. Additionally, the project proposes up to 150,000 square feet of commercial/retail space. On-site sidewalk improvements will be implemented to improve pedestrian connectivity to the surroundings.

Additionally, the project would provide a pedestrian access network to link areas of the project site, encouraging people to walk instead of drive.
3 T2.A.2
Bicycle paths
Provide bicycle paths within project
boundaries
Provide bicycle path linkages between
residential and other land uses
There is currently an existing Class II Bicycle Lane and a proposed sidewalk on the project side of Monterey Avenue.

2 T4.A.1
Electric Vehicle
Recharging
Provide circuit and capacity in garages
of residential units for use by an electric
vehicle. Charging stations are for on-
road electric vehicles legally able to
drive on all roadways including
Interstate Highways and freeways
Pursuant to Section 17.26.030 of the City’s Municipal Code, all new buildings shall be electric vehicle charging station ready.

Additionally, the Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section

4.106.4.1 to install a raceway to accommodate a dedicated 208/240-volt branch circuit for each dwelling unit.
1 Subtotal Points Earned by Residential Project 49
Screening for GHG Implementation Measures for Commercial Development and Public Facilities EE10.A.2
Windows
Enhanced Window Insulation (0.32 U-
factor, 0.25 SHGC)
The Project will satisfy this measure by adhering to the California Title 24 Update which requires the maximum U- factor for windows to be 0.30.
5 EE10.B.1
Heating/Cooling
Distribution
System
Modest Duct insulation (R-6)
Enhanced Duct Insulation (R-8)
The Project will satisfy this measure by adhering to the current Energy Code Insulation and QII Requirements which requires duct insulated to R-6 or R-8.
5 EE10.B.4 Water
Heaters
Improved Efficiency Water Heater
(0.675 Energy Factor)
The Project will satisfy this measure as typical gas storage water heaters have uniform energy factor (UEF) of 0.60-0.76, electric storage water heaters approximately 0.90, and gas
instantaneous units approximately 0.80-0.94.
8 EE10.B.6
Artificial Lighting
High Efficiency Lights (50% of in-unit
fixtures are high efficiency).

4.303.1 by installing showerheads not exceeding 2.0 gpm at 80 psi.
2 W2.E.2
Toilets
Water Efficient Toilets/Urinals (1.5 gpm) The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section 3 8-129

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4.303.1 by installing water efficient toilets less than or equal to

1.28 gal/flush.

W2.E.3
Faucets
Water Efficient faucets (1.28 gpm) The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section

4.303.1 by installing water efficient faucets for the lavatories, metering, and kitchen.
2 W2.E.4
Commercial
Dishwashers
Water Efficient dishwashers (20% water
savings)
The Project will satisfy this measure by adhering to the requirements of the current CalGreen Building Code Section 110.1 to install dishwashers that meet or exceed the ENERGY STAR Program requirements, providing a minimum savings of 20% or greater.
2 T3.A.3
Employee
Bicycle/Pedestri
an Programs
Complete sidewalk to residential within
½ mile
Per Section 4.4 of the SPA, perimeter streets and edge
conditions shall include landscape screening and buffering for successfully integrating into the surrounding area. Monterey Avenue will include a 25-foot landscape area with 8-foot meandering sidewalk. There is currently an existing Class II Bicycle Lane and a proposed sidewalk on the project side of Monterey Avenue. Improvements resulting from the Project are expected to enhance, rather than obstruct or conflict with the City’s established goals on bicycle or pedestrian transportation or with any existing facilities. A new 8-foot bicycle/pedestrian trail is proposed along Via Vail and Monterey Avenue.
1 T1.F.1
Parking
Provide reserved preferential parking
spaces for car- share, carpool, and
ultra-low or zero emission vehicles.

Adherence to Section 17.26.030 of the City’s Municipal Code requires designated parking for any combination of low- emitting, fuel-efficient and carpool/van pool vehicles consistent with the adopted building code.
1 T2.B.1
Sidewalks
Provide bicycle path linkages between
commercial and residential land uses
within 1 mile.

Per Section 4.4 of the SPA, perimeter streets and edge
conditions shall include landscape screening and buffering for successfully integrating into the surrounding area. Monterey Avenue will include a 25-foot landscape area with 8-foot meandering sidewalk. The proposed residential community is located within a mile- radius to existing restaurants and services along Monterey Avenue, east of the project. Additionally, the project proposes up to 150,000 square feet of commercial/retail space. On-site sidewalk improvements will be implemented to improve pedestrian connectivity to the surroundings.

Additionally, the project would provide a pedestrian access network to link areas of the project site, encouraging people to walk instead of drive.
2 T2.B.2
Bicycle Paths
Provide bicycle paths within project
boundaries
Provide bicycle path linkages between
commercial and other land uses
There is currently an existing Class II Bicycle Lane and a proposed sidewalk on the project side of Monterey Avenue.

Improvements resulting from the Project are expected to enhance, rather than obstruct or conflict with the City’s established goals on bicycle or pedestrian transportation or with any existing facilities. A new 8-foot bicycle/pedestrian trail is proposed along Via Vail and Monterey Avenue.
2 T4.B.1
Electric Vehicle
Recharging
Provide circuit and capacity in
garages/parking areas for installation of
electric vehicle charging stations.

Install electric vehicle charging stations
in garages/parking areas
Adherence to Section 17.26.030 of the City’s Municipal Code requires new construction and projects requiring discretionary action to provide electric vehicle charging stations. At the minimum, 4 vehicle charging stations would be required for 201 and over parking spaces.
32 Subtotal Points Earned by Commercial Development 77
Total Points Earned by Residential and Commercial Development 126 Note: According to the CEQA Thresholds and Screening Tables Instructions for Project Application, for mixed-use projects both Screening Tables for GHG Implementation Measures for Residential Development and for Commercial Development and Public Facilities are to be filled out, but the points should be proportionally identical to the proportioning of the mix of uses.

The features associated with the residential and commercial development under the proposed Specific Plan would result in a minimum total of 126 points. With adherence 8-130

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to regulatory compliance measures and incorporation of these features and given that the project garners more than 100 points (by including GHG-reducing elements), the project incorporates sufficient GHG reduction design features to be consistent with the Countywide plan for reducing emissions. The attainment of these points assumes the combined development of the two land use categories (commercial and residential). If the project were developed in a phased manner or if it only involved a single land use category, then only a portion of the numeric point attainment would be in effect to the project. However, in such instance, there would likely be a tradeoff (reduction) in the inherent emissions for those land uses that are not developed. A development of one land use would not preclude the potential point attainment for other planning areas in the SPA. The project features evaluated in the CAP analysis also reveal that the project would be consistent with the Rancho Mirage Sustainability Plan’s framework for development and implementation of policies and programs designed to reduce the City’s GHG emissions. As such, no mitigation would be required. Less than significant impacts are anticipated.

b) Less than Significant Impact. As previously mentioned in discussion a), under Assembly Bill 32 passed in 2006, California must reduce its emissions to 1990 levels (431 million metric tons) by 2020. Senate Bill 32, signed in 2016, requires the state to go even further than AB 32 and cut emissions 40 percent below 1990 levels by 2030—the most ambitious carbon goal in North America. California’s primary programs for reducing greenhouse gases to 1990 levels by 2020 are the Renewables Portfolio Standard, the Advanced Clean Cars Program, the Low Carbon Fuel Standard and the Cap-and-Trade Program. Additional programs address a variety of greenhouse gas sources. These include the Short-Lived Climate Pollutants Strategy, the Sustainable Communities Strategy and the Sustainable Freight Action Plan. The 2030 Scoping Plan, adopted by CARB, lays out how these initiatives work together to reduce greenhouse gases to achieve California’s 2030 target of 260 million metric tons and also to reduce smog- causing pollutants. This target will require California to more than double the rate at which it has been cutting climate-changing gases. Future reductions will occur against a backdrop of natural sources of GHGs which are increasingly variable because of the climate change California is already witnessing. The SCAQMD adopted the interim GHG significance threshold for stationary/industrial sources on December 5, 2008 which applies to Projects where the SCAQMD is the lead agency.

As announced in multiple press releases by the California Governor and demonstrated in the most recent CARB report on emissions trends, California statewide GHG emissions dropped below the 2020 GHG Limit in 2016 and have remained below the 2020 GHG Limit since then, generally dropping since 2004. In 2019, emissions from GHG emitting activities statewide were 418.1 million metric tons of carbon dioxide equivalent (MMTCO2e), 7.1 MMTCO2e lower than 2018 levels and almost 13 MMTCO2e below the 2020 GHG Limit of 431 MMTCO2e. The 2021 report also indicates that transportation emissions have continued to decline in 2019 as they had done in 2018, with even more substantial reductions due to a significant increase in renewable diesel (up 61 percent from 2018), making diesel fuel bio-components (biodiesel and renewable diesel) 27 percent of total on-road diesel sold in California. Total electric power emissions 8-131

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decreased by almost 7 percent in 2019, due to a continuing increase in renewable energy, including a 46 percent increase in available hydropower in 2019.

In summary, the land use configurations evaluated within the scope of the Specific Plan are expected to result in GHG emissions ranging from 2,503.58 to 5,436.93 MTCO2e per year from the evaluated land use conditions, including the maximum capacity for development allowed under the proposed Specific Plan. In consideration of the maximum and most conservative GHG emission levels associated with the project, this evaluation incorporated the analysis and findings of a project-specific GHG Assessment based on the County of Riverside Climate Action Plan (CAP) Screening Table methodology. The proposed features associated with the residential and commercial components of the project would result in a minimum total of 126 points, therefore adequately surpassing the 100 points necessary for consistency with the reduction quantities in the County’s CAP Update and to be considered less than significant for GHG emissions. As a result, the project is not expected to conflict with any applicable plan, policy or regulation for the purpose of reducing GHG emissions. This includes the Rancho Mirage Sustainability Plan, which works in accordance with the AB 32 framework and strategies. Less than significant impacts are anticipated.

Mitigation Measures:

None

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9. HAZARDS AND HAZARDOUS
MATERIALS – Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?

b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into the
environment?

c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?

d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant to
Government Code Section 65962.5
and, as a result, would it create a
significant hazard to the public or the
environment?

e) For a project located within an
airport land use plan or, where such a
plan has not been adopted, within two
miles of a public airport or public use
airport, would the project result in a
safety hazard or excessive noise for
people residing or working in the
project area?

f) Impair implementation of or
physically interfere with an adopted
emergency response plan or
emergency evacuation plan?

g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?

Source: Enforcement and Compliance Fault Zoning Act, California Department of Conservation; Enforcement and Compliance History Online, EPA, 2017; EnviroStor, Department of Toxic Substances Control, 2017; GeoTracker, State Water Resources Control Board, 2017; Rancho Mirage General Plan 2017. 8-133

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Setting

Hazardous Materials
The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable, or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state, and local laws.

Hazardous Waste
The United States Environmental Protection Agency (EPA) simply defines hazardous waste as a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste is generated from sources ranging from industrial manufacturing process wastes to batteries and may come in many forms, including liquids, solids, gases, and sludges. These can include everyday commercial products, such as pesticides, cleaning fluids, and household sprays, as well as byproducts of manufacturing processes. The EPA has classified hazardous waste into four categories:
• Listed wastes – wastes from common manufacturing and industrial processes, waste from specific industries such as petroleum refining or pesticide manufacturing, and discarded commercial products;
• Characteristic wastes – non-listed wastes that exhibit ignitability, corrosively, reactivity, and toxicity;
• Universal wastes – batteries, mercury-containing equipment, and fluorescent lamps and bulbs; and
• Mixed wastes – radioactive and hazardous waste components.

A hazardous material may become hazardous waste upon its accidental release into the environment. All hazardous wastes must be discharged into a Class I landfill. No Class I landfill is currently operated within Riverside County. Hazardous Waste generated within Riverside County and disposed of in Kern County or Santa Barbra County, where active Class I landfills are located. Some waste is also transported out of the State.

Many types of businesses can be producers of hazardous waste. Small businesses such as dry cleaners, auto repair shops, medical facilities or hospitals, photo processing centers, and metal plating shops are usually generators of small quantities of hazardous wastes.

Generators of large quantities of hazardous waste include chemical manufacturers, large electroplating facilities, and petroleum refineries. All significant spills, releases or threatened releases of hazardous materials must be immediately reported.

Household hazardous waste can be disposed of properly through Household Hazardous Waste disposal events, or at a network of “ABOP” facilities operated by the Riverside County Waste Management Department. An ABOP – or Antifreeze, Batteries, Oil, Paint – facility is located in Palm Springs, at 1100 Vella Road, and accepts these materials, as well as electronic waste. Household Hazardous Waste disposal events are held periodically at 8-134

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varying locations throughout the County, including cities in the Coachella Valley. Adverse environmental impacts can occur when household hazardous materials are disposed of in unlined sanitary landfills, where these materials may leach through the soil and contaminate groundwater.

In addition to businesses, development activities have the potential to encounter previously unknown hazardous materials contamination from historical use of a property. However, such contamination can be mediated by existing federal, State, and local policies and procedures implemented by the designated local enforcement agency.

Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer’s specifications dictate the proper use, handling, and disposal methods for the specific substances. All hazardous waste poses a threat to humans and the environment, and therefore is regulated by federal, State, and local programs. In most cases, it is a violation of federal or State law to improperly store, apply, transport, or dispose of hazardous materials and waste.

Local Schools
The project site is located within the boundary of the Palm Springs Unified School District.

The nearest school to the project site is Della S. Lindley Elementary School, located approximately 1.57 miles north of the project.

Public Airports/Private Airstrips
The Palm Springs International Airport is located approximately 6.0 miles northwest of the project site. The Bermuda Dunes Airport is located approximately 6.70 miles southeast of the project. Additionally, the Jacqueline Cochran Regional Airport is located approximately

16.90 miles southeast of the project site.

Discussion of Impacts:

a-b) Less than Significant Impact. The Code of Federal Regulations (CFR Title 40, Part 261) defines hazardous materials based on ignitability, reactivity, corrosivity, and/or toxicity properties. The State of California defines hazardous materials as substances that are toxic, ignitable, or flammable, reactive and/or corrosive, which have the capacity of causing harm or a health hazard during normal exposure or an accidental release. As a result, the use and management of hazardous or potentially hazardous substances is regulated under existing federal, state and local laws. Hazardous wastes require special handling and disposal methods to reduce their potential to damage public health and the environment. Manufacturer’s specifications dictate the proper use, handling, and disposal methods for the specific substances. In most cases, it is a violation of federal or state law to improperly store, apply, transport, or dispose of hazardous materials and waste.

Construction of the proposed project is expected to involve the temporary management and use of oils, fuels and other potentially flammable substances. The nature and quantities of these products would be limited to what is necessary to carry 8-135

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out construction of the project. Some of these materials would be transported to the site periodically by vehicle and would be stored in designated controlled areas on a short-term basis. When handled properly by trained individuals and consistent with the manufacturer’s instructions and industry standards, the risk involved with handling these materials is considerably reduced. The contractor will be required to identify a controlled staging area within the project limits for storing materials and equipment and will be required to implement best management practices to assure that impacts are minimized and that any minor spills are immediately and properly remediated.

Furthermore, to prevent a threat to the environment during construction, the management of potentially hazardous materials and other potential pollutant sources will be regulated, in part, through the implementation of measures required in the Storm Water Pollution Prevention Plan (SWPPP) for the project. The SWPPP requires a list of potential pollutant sources and the identification of construction areas where additional control measures are necessary to prevent pollutants from being released on-site or into the surroundings. Best management practices (BMPs) are necessary for proper material delivery and storage; material use; and spill prevention and control. These temporary measures outline the required physical improvements and procedures to prevent impacts of pollutants and hazardous materials to workers and the environment during construction. For example, all construction materials, including paints, solvents, and petroleum products, must be stored in controlled areas and according to the manufacturer’s specifications. In addition, perimeter controls (fencing with wind screen), linear sediment barriers (gravel bags, fiber rolls, or silt fencing), and access restrictions (gates) would help prevent temporary impacts. With such standard measures in place, less than significant impacts are anticipated during construction.

The operation of commercial retail, and residential land uses does not typically involve the routine transport, use, or disposal of hazardous materials in quantities or a manner that would pose a threat to the project and surroundings. Typical operational uses would involve the handling and application of cleaning agents, building maintenance products, paints and solvents, and similar items would be stored on- site. These potentially hazardous materials would not be present in significant quantities to pose a significant hazard to public health and safety or the environment.

Additionally, the handling, application, and storage of cleaning agents, building maintenance products, paints, solvents and other related substances is expected to occur within the project in order to carry out the necessary operations in each facility or use. However, these materials would not be present in sufficient quantities to pose a significant hazard to public health and safety, or the environment.

By following the appropriate federal, state, and regional regulatory standards, less than significant impacts are expected pertaining to significant hazards to the public or the environment through the routine transport, use, or disposal of hazardous 8-136

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materials, and accident conditions involving the release of hazardous materials into the environment. Less than significant impacts are expected.

c) No Impact. The project site is not located within ¼ mile of an existing or proposed school. The nearest school to the project site is Della S. Lindley Elementary School, located approximately 1.57 miles north of the project. Therefore, the project is not expected to emit hazardous emissions, or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school.

D) Less than Significant Impact. The project proposes the construction of a mixed-use community west of Monterey Drive and north of the Dick Kelly Drive/Ginger Rogers Road alignment in Rancho Mirage. In order to comply with Government Code 65962.5 and its subsections, record searches on the project property were performed within multiple database platforms. The resources consulted included GeoTracker, EnviroStor and the EPA Enforcement and Compliance History Online (ECHO).

GeoTracker is a database maintained by the State of California Water Resources Control Board that provides online access to environmental data. It serves as the management system for tracking regulatory data on sites that can potentially impact groundwater, particularly those requiring groundwater cleanup and permitted facilities, such as operating underground storage tanks and land disposal sites.

EnviroStor is a database maintained by the State of California Department of Toxic Substances Control (DTSC). The EnviroStor database identifies sites with known contamination or sites for which there may be reasons to investigate further. It includes the identification of formerly contaminated properties that have been released for reuse; properties where environmental deed restrictions have been recorded to prevent inappropriate land uses; and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.

Moreover, the ECHO database focuses on inspection, violation, and enforcement data for the Clean Air Act (CAA), Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) and also includes Safe Drinking Water Act (SDWA) and Toxics Release Inventory (TRI) data.

In December 2021, a search was performed on all three database platforms. The GeoTracker, EnviroStor, and ECHO database results did not identify any Leaking Underground Storage Tank (LUST) Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks on or in connection with the project property.

The GeoTracker database identified one LUST site within a mile radius of the project property. The facilities was registered as Texaco Inc, at 33100 Monterey Avenue, 8-137

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Thousand Palms, located approximately 0.70 miles north of the project site. This facility is registered as a LUST Cleanup Site, however, the status of the site is “Completed – Case Closed” as of in March 1996. This facility will not impact the proposed project due to its status as Completed – Case Closed.

The EnviroStor database listed 1 facility within a mile radius of the project site. The facility is Palm Elementary/Middle School, located north of Gerald Ford Drive between Monterey Avenue and Portola. EnviroStor indicates that the site is located approximately 3614 feet southeast of the project site. Per the EnviroStor database, this site was considered for the Palm Elementary/Middle School, however, the facility was not developed in this location. Therefore, the site has a status of “No Action Required” as of November 2003. The site will not impact the proposed project.

The ECHO database listed four facilities within a mile radius of the project site. The facilities are listed as follows:
• Home Depot 0667 is located at 34249 Monterey Avenue, north of the project.

This facility is listed by the RCRA as an active small quantity generator (SQG). • Washington Cleaners at 72817 Dinah Shore Drive #101, approximately 0.25 miles north of the project. This site is listed by the RCRA as an active “Other” facility.
• Walgreens #9641 at 72027 Dinah Shore Drive, approximately 0.77 miles northwest of the project. This facility is listed by the RCRA as an active very small quantity generator (VSQG).
• Sams Cycle Service at 34044 Bob Hope Drive, approximately 0.79 miles northwest of the project. This facility is listed by the RCRA as an active small quantity generator (SQG).

The registered facilities do not currently have any violations (as indicated on the ECHO database) and are not anticipated to impact the project property.

Per the records search pursuant of Government Code 65962.5, the project site was not registered as having any Leaking Underground Storage Tank (LUST) Cleanup Sites, Land Disposal Sites, Military Sites, DTSC Hazardous Waste Permits, DTSC Cleanup Sites, or Permitted Underground Storage Tanks onsite. Less than significant impacts are anticipated.

e) No Impact. The project is not located within an airport land use plan or private airstrip.

The Palm Springs International Airport is located approximately 6.0 miles northwest of the project site. The Bermuda Dunes Airport is located approximately 6.70 miles southeast of the project. As a result, the project is located outside both airport facilities’ influence and planning area. Flights approaching and departing the Palm Springs International Airport and the Bermuda Dunes Airport may fly over the City and the project site with an intermittent frequency, however, no impacts are anticipated.
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f) Less than Significant Impact. The Emergency Preparedness Element of the City’s General Plan provides information on the critical facilities necessary to effectively respond in the event of an emergency. The City has also adopted a Multi -Hazard Functional Plan, which is continually updated, addresses the planned response to extraordinary emergency situations associated with natural or human caused disasters, technical incidents and nuclear defense operations. Additionally, the City participates in the Riverside County Multi-Jurisdictional and Local Hazard Mitigation Plan (LHMP). Based on these resources, the two main evacuation routes in the City and region include I-10 and Highway 111, while the City’s primary and minor arterial streets serve as secondary routes. At project build-out and operation, roadways and emergency evacuation routes will not be altered or reconfigured.

Development of the 35-acre project would result in an increase in demand for fire services, however based on the project site’s proximity to Fire Station 69, and the existing infrastructure in place, the proposed project could be adequately served by fire protection services within the 5-minute response time and no new or expanded facilities would be required. Fire Station 69, located at 71-751 Gerald Ford Drive, is approximately 1.8 driving miles from the project. The project will be reviewed by City and Fire officials to ensure adequate fire service and safety as a result of project implementation.

By implementing the appropriate federal, state, and local regulatory standards, the project is not expected to interfere with the critical facilities, emergency transportation and circulation, or emergency preparedness coordination. Less than significant impacts are anticipated.

g) No Impact. The project property is located west of Monterey Avenue and north of the Dick Kelly Drive alignment. The project site is surrounded by developed commercial uses to the north and east, and vacant land to the west and south. The closest existing residential property to the project site is located approximately 325 feet from the south. The project site is currently vacant and undeveloped.

Based on the 2017 RMGP Fire Threat Map (Exhibit 27), the project property is identified as having no fuel (no hazard) for the spread of wildfires. Areas identified as having moderate, high or very high fire threats are areas in the northern part of the City, between Ramon Road and the Interstate 10 Freeway, and the south part of the City, south of Highway 111 at the hillside of the Santa Rosa Mountains. Consult the Wildfires Section of this environmental document for further discussion.

Conclusively, the project site is located in an area with no fire threat to the City; therefore, impacts regarding wildland fires are not expected.

Mitigation Measures:

None
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10. HYDROLOGY AND WATER
QUALITY – Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards
or waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?

b) Substantially decrease
groundwater supplies or interfere
substantially with groundwater
recharge such that the project may
impede sustainable groundwater
management of the basin?

c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of
the course of a stream or river, in a
manner, which would result in
substantial erosion or siltation on- or
off-site?

i) result in substantial erosion or
siltation on- or off-site;
ii) substantially increase the rate or
amount of surface runoff in a manner
which would result in flooding on- or
off-site;

iii) create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or

iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due
to project inundation?

e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?

Sources: Flood Insurance Rate Map # 06065C1595G, Federal Emergency Management Agency (FEMA), Effective August 28, 2008; Water Quality Control Plan for the Colorado River Basin Region, January 2019; 2020 Coachella Valley Regional Urban Water Management Plan, June 2021.

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Setting:

Summary of Regulatory Framework Relevant to Hydrology and Water Quality:

Hydrology refers to the occurrence, distribution, and movement of surface water, including water found in rivers and stormwater drainage systems. Stormwater particularly refers to the surface runoff and drainage resulting from rain events. Stormwater runoff and surface drainage patterns are determined by the soil conditions, topography, and associated gradients of the land. Surface water quality refers to selected physical, chemical, or biological characteristics found in stormwater in relation to existing standards. Groundwater is the water found underground in the voids in soil, sand, and rock. It is stored in and moves slowly through aquifers. Groundwater supplies are naturally replenished, or recharged, by precipitation that seeps into the land’s surface and by replenishment efforts made by local water agencies.

The Clean Water Act (CWA) of 1972 was enacted to restore and maintain the chemical, physical, and biological integrity of the nation’s waters by regulating the discharge of pollutants to waters of the U.S. from point sources. The National Pollutant Discharge Elimination System (NPDES) was enacted as a program under the CWA to regulate non-point source discharges from urban land runoff and other diffused sources that were also found to contribute to runoff pollution. Under CWA, the Environmental Protection Agency (EPA) delegated the NPDES program responsibility to various state, tribal, and territorial governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the program. California is a delegated NPDES state and has authority to administer the NPDES program within its limits.

The Porter-Cologne Water Quality Control Act (California Water Code section 13000 et seq.) is the principal law governing water quality regulation for surface waters in California, thus effectuating the delegated provisions of the federal CWA and its NPDES program. It has set forth a comprehensive program to protect water quality and the beneficial uses applicable to surface waters, wetlands, and ground water and to point and nonpoint sources of pollution. The Porter-Cologne Act establishes that, as a matter of policy, all the waters of the State shall be protected; all activities and factors affecting the quality of water shall be regulated to attain the highest water quality within reason; and that the state must be prepared to exercise its full power and jurisdiction to protect the quality of water in the state from degradation. The Porter-Cologne Act established the State Water Resources Control Board (SWRCB) and nine California Regional Water Quality Control Boards (RWQCBs), including Region 7, Colorado River Basin Regional Water Quality Control Board, which has jurisdiction in the City of Rancho Mirage and project site.

Under this framework, the Colorado River Basin Water Quality Control Plan (Basin Plan) serves as the guiding document prepared, adopted, and maintained t o identify the existing and potential beneficial uses of waters of the State and establish water quality objectives to protect these uses. It is worth noting that as defined in Section 13374 of the California Water Code (CWC), the term “Waste Discharge Requirements” (WDRs) is equivalent of the term “permits” and is therefore attained through a regulatory compliance process. 8-141

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Compliance with WDRs is achieved through the appropriate permit registration process under the applicable National Pollutant Discharge Elimination System (NPDES) programs described in this section.

At the regional level, the project is located within the Whitewater River Watershed, which is an arid desert region encompassing approximately 1,645 square miles. Within this watershed, an area of approximately 367 square miles (22 percent) encompassing most of the existing development in the Coachella Valley region, is regulated under the established Whitewater River Region Municipal Separate Storm Sewer System Permit (MS4 Permit). The Riverside County Flood Control and Water Conservation District (RCFC&WCD), Mission Springs Water District, and the incorporated Coachella Valley cities, including Rancho Mirage have joint permittee responsibility for coordinating the regional MS4 Permit compliance programs and other activities aimed at reducing potential pollutants in urban runoff from land development construction, municipal, commercial, and industrial areas to the maximum extent possible. These public entities are generally in charge of stormwater management within their jurisdiction.

At the City level, stormwater management and on-site stormwater retention are codified in Rancho Mirage Municipal Code Chapter 7.03 and Section 13.05.010 respectively. Chapter

7.03 encompasses a broad range of stormwater management and discharge control requirements, including regulatory consistency with the federal Clean Water Act and NPDES programs. Section 13.05.010 requires new development of one acre or greater in size to provide sufficient on-site stormwater retention for the volume of runoff resulting from the controlling 100-year storm event, to the satisfaction of the city engineer.

Discussion of Impacts:

e) Less than Significant Impact. The project site covers approximately 35 acres of vacant characterized by a relatively flat condition with scattered vegetation coverage. Based on historic and current U.S. Geological Survey (USGS) Topographic Maps, 7.5-Minute Series, the project site and its surroundings are absent of any mapped drainage courses, washes, rivers, and water bodies.

Moreover, based on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel 06065C1595G, the project site occurs within a Zone X designation, corresponding to an area of minimal flood hazard that by classification is not considered a Special Flood Hazard Area (SFHA) or a designated floodway. The eastern edge of the site includes three earthen (unlined) stormwater retention basins spaced approximately 300 feet apart and constructed as part of the Rancho Mirage City Project C.P. 10-254 involving street improvements for Monterey Avenue, as approved February 23, 2017. These surface basins are temporary and designed to accept off-site runoff from tributary portions of Monterey Avenue via engineered curb openings. It is understood that the function and capacity of these facilities must be incorporated into the permanent storm drainage facilities for the proposed project.

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Project implementation will require compliance with the applicable CWA, NPDES, state, and local regulations designed to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. This form of compliance must be demonstrated to the City and other regulatory entities prior to site disturbance and grading.

During the period of construction, the project proponent must comply with the State’s most current NPDES Construction General Permit (CGP), Order No. 2009-0009-DWQ, as amended by 2010-0014-DWQ and 2012-006-DWQ. Compliance with the CGP requires the preparation of a Notice of Intent (NOI) and a project-specific Storm Water Pollution Prevention Plan (SWPPP), designed to prevent potential adverse impacts to surface water quality, including erosion and siltation, during the period of construction. The NOI and SWPPP are submitted to the State Water Resources Control Board (SWRCB) for approval and permit coverage. The SWPPP a site-specific compliance plan required to identify a strategy of storm water Best Management Practices (BMPs) in accordance with Section XIV (SWPPP Requirements) of the CGP.

Storm water BMPs refer to a schedule of activities, prohibitions, practices, maintenance procedures, and other management practices to avoid, eliminate, or reduce the pollution of the receiving waters, primarily focused on preventing erosion, siltation, illicit discharge, and contamination. The SWPPP will include such measures as erosion control, sediment control, storm drain inlet protection, proper waste management and pollution prevention. The SWPPP must be prepared concurrently with final engineering design and must meet all NPDES plan review elements for acceptance by the City of Rancho Mirage. Compliance of this plan during construction will be regulated and enforced as part of the local agency site inspection protocols.

In order to obtain a grading permit, the project proponent is required to submit and obtain approval for a Final Project-Specific Water Quality Management Plan (WQMP) in accordance with the current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff, the Whitewater River Watershed MS4 Permit, and the City’s on-site stormwater retention requirements (Municipal Code Section 13.05.010). The WQMP is a compliance plan required to account for the stormwater facilities and management conditions to be followed by the site operator(s) during the life of the project (post-construction). A standard requirement for Final WQMP approval will involve an agreement between the developer and the City to ensure that the responsible parties are properly informed of the stormwater measures and facilities and to allow City access and enforcement on this matter during the life of the project.

As described in Section 2.8 (Grading and Drainage) of the Rancho Monterey SP and as a matter of compliance, the project will include stormwater drainage and retention facilities sized to adequately handle the runoff conditions resulting from the controlling 100-year storm event pertinent to the site. The category of stormwater retention facilities may consist of surface basins and/or underground structures, both of which have a precedent of City approval. The final location and details of such facilities will be determined in accordance with final engineering plans subject to City 8-143

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review and approval. The combined retention facility capacity for the project must abide by the volumetric requirements set forth in Municipal Code Section 13.05.010 (required on-site retention) and Chapter 7.03 (stormwater management and discharge control). Stormwater runoff produced by the project must be properly intercepted, conveyed and retained on-site up to the required 100-year storm event levels and therefore will not result in an urban runoff discharge condition.

In summary, during construction and operation, project implementation will require plan- and permit-based compliance with CWA, NPDES, and local regulations to prevent impacts to water quality standards and the beneficial uses assigned to local receiving waters. Following City engineering review and approval, the stormwater capture and management strategy for on- and off-site runoff will avoid waste discharge violations through the implementation of properly sized retention facilities.

Less than significant impacts are expected.

b) Less than Significant Impact. The project site and a majority of the City of Rancho Mirage are located within the domestic water service area of Coachella Valley Water District (CVWD), which covers approximately 1,000 square miles and serves approximately 110,000 homes and businesses. The Coachella Valley Groundwater Basin is the primary groundwater source for the project region’s domestic water purveyors, including CVWD. Based on the California Department of Water Resources (DWR), the Coachella Valley Groundwater Basin has an approximate storage capacity of 39.2 million acre-feet (AF) of water within the upper 1,000 feet and is divided into four subbasins: Indio, Mission Creek, Desert Hot Springs, and San Gorgonio. The project site is specifically underlain by the Indio Subbasin, which is also known as the Whitewater River Subbasin. DWR has estimated that the Indio Subbasin contains approximately 29.8 million AF of water in the first 1,000 feet below the ground surface, representing approximately 76 percent of the total groundwater in the Coachella Valley Groundwater Basin. Local groundwater management is currently taking place under the framework of the 2020 Coachella Valley Regional Urban Water Management Plan (2020 RUWMP), the preparation of which involved the collaboration of the six urban water suppliers in the Coachella Valley, including CVWD. The 2020 RUWMP describes the region’s water supplies and anticipated demands through 2045, along with each agency’s programs to encourage efficient water use.

In 2002, CVWD developed the 2002 Coachella Valley Groundwater Management Plan in collaboration with other local stakeholders with a focus on reducing overdraft, preventing groundwater level decline, protecting groundwater quality, and preventing land subsidence. In 2010, the 2010 Coachella Valley Groundwater Management Plan Update was prepared to document the accomplishments in reducing overdraft and address changed conditions since 2002.

In 2014, the California Legislature signed a three-bill legislative package into law, collectively known as the Sustainable Groundwater Management Act (SGMA), allowing local agencies to manage groundwater resources in a sustainable manner. SGMA 8-144

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required that a Groundwater Sustainability Plan (GSP) or Alternative Plan to a GSP (Alternative Plan) be adopted for basins and subbasins designated by the DWR as medium- and high-priority basins. Basin prioritization is based on a variety of factors such as population, number of wells, and other information determined to be relevant by DWR. The Indio Subbasin was designated as a medium-priority subbasin by DWR.

CVWD, Coachella Water Authority (CWA), Desert Water Agency (DWA), and Indio Water Authority (IWA) collectively represent the Indio Subbasin Groundwater Sustainability Agencies (GSAs). In January 2017, the GSAs submitted to DWR the 2010 Coachella Valley Water Management Plan (2010 CVWMP), accompanied by an Indio Subbasin Bridge Document, as a SGMA-compliant Alternative Plan. On July 17, 2019, DWR approved the Alternative Plan with a requirement to submit an Alternative Plan Update by January 1, 2022 and every five years thereafter. Based on the Indio Subbasin SGMA documentation, the combined strategies have resulted in significant groundwater storage increases across the subbasin, thus allowing the region to comply with the framework for sustainable management.

In 2019, the six urban water suppliers in the Coachella Valley, including CVWD, agreed to collaborate on the preparation of the 2020 RUWMP with regional and individual agency content. In June of 2021 CVWD’s Water Shortage Contingency Plan (WSCP) was prepared to outline each agency’s actions that could be taken during a water shortage to reduce demands. According to the WSCP, drought conditions are not expected to affect CVWD’s Colorado River water supply due to the agency’s high priority allocation. Colorado River water is not a direct source of urban water supply.

Rather, it is used for groundwater replenishment and non-potable uses. If a reduction in Colorado River water supply occurred, CVWD would initially reduce deliveries to groundwater replenishment projects. Drought conditions in the Sierra Nevada would influence the SWP water allocation, thus reducing the SWP Exchange water received by CVWD and DWA. This water is used for replenishment of the groundwater basin and is not a direct source of urban water supply. Consequently, water use restrictions due to drought involving the SWP water supply would likely be implemented only as a result of a prolonged drought. During dry periods when less imported water is available, groundwater production is expected to exceed the amount of recharge, and the volume in storage will be reduced. However, these reductions can be reversed in years when additional imported water is available. The Coachella Valley Groundwater Basin is deemed to be a large basin which provides a buffer during dry periods, thus allowing the agencies to develop long-term plans and programs to manage regional water supplies.

On March 28, 2022, the California Governor called on all water agencies to consider moving to Level 2 of their Water Shortage Contingency Plans and take conservation actions to reduce water-use by all domestic water customers. On April 12, 2022, CVWD’s Board of Directors voted at a public board meeting to adopt several actions from the District’s WSCP, including the expansion of rebate program for turf conversions; prohibition of outdoor water use between 10 a.m. and sunset for spray irrigation; discouragement of overseeding; allowing restaurants to serve water only 8-145

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upon request; boosting of public information campaign; and encouragement for enforcement agencies and HOAs to suspend code enforcement and fines for brown turf grass areas. In its drought updates, CVWD has also indicated that the Valley’s water supplies remain stable despite the statewide drought conditions. Therefore, the WSCP and associated measures are assumed to be working as designed under the 2020 RUWMP and WSCP.

CVWD collaborates with the operation and maintenance of three replenishment facilities serving the Indio Subbasin: Whitewater River Groundwater Replenishment Facility, the Thomas E. Levy Groundwater Replenishment Facility, and the Palm Desert Groundwater Replenishment Facility. Artificial replenishment, or recharge, is recognized by the water districts as one of the most effective methods available for preserving local groundwater supplies, reversing aquifer overdraft and meeting demand by domestic consumers. According to the CVWD web site on Groundwater Replenishment and Imported Water, local agencies have percolated over 650 billion gallons of water back into the aquifer. In the central part of the Coachella Valley, groundwater recharge is provided by the recently constructed first phase of the Palm Desert Groundwater Replenishment Facility, operated by CVWD. According to the CVWD web site, this facility is expected to add up to 25,000 acre-feet of Colorado River water annually into the aquifer. Combined with water conservation and efficiency requirements, individual development projects can contribute to groundwater sustainability by implementing the required stormwater runoff retention and infiltration facilities. The established groundwater replenishment facilities described above for the Indio Subbasin are not located on or near the project.

Therefore, from the aspect of land use and location, project implementation is not deemed to be in conflict with any existing or planned groundwater recharge facility or associated infrastructure.

The proposed Specific Plan Amendment will establish a mixed-use project with site- specific development standards to guide the development of the property in a manner that is consistent with the Rancho Mirage General Plan. The proposed land uses and associated improvements are expected to incorporate water conservation measures, including the use of low-flow plumbing fixtures, drought-tolerant (native) outdoor landscaping, and water-efficient irrigation systems. As a standard condition for service connections, the project operators will be expected to furnish the appropriate rate payment to CVWD based on the meter size, ongoing flow charges, agency fees, and groundwater recharge fees.

Furthermore, the project will incorporate on-site retention facilities to ensure that stormwater runoff is adequately intercepted, conveyed, and retained on-site instead of being discharged off-site as urban runoff. As a function of the WQMP, operation of the development will include the required non-structural and structural pollution source control measures that work toward the protection of groundwater quality during the life of the project and under the project owner’s responsibility. Non- structural source control measures consist of site operations, activities, and/or programs to be finalized in the WQMP and implemented by the project operator to 8-146

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educate site managers, employees, and residents to prevent potential pollutants from being produced, coming into contact with the storm drain system, and impacting groundwater. Structural source control measures consist of physical facility design standards to prevent direct contact between potential pollutants and stormwater runoff. The storm drain and basin system will be maintained during the life of the project per a required WQMP agreement to be entered between the project proponent and the City. The proposed facilities are therefore not expected to violate or interfere with the groundwater quality. Regarding ground water quality, less than significant impacts are anticipated.

c) i) Less than Significant Impact. The undeveloped project site involves a relatively flat terrain that is absent of any mapped naturally occurring drainage or flood-prone patterns. Therefore, development of the site would not result in any alteration or obstruction of any river, stream, or other naturally occurring drainage pattern. Based on the USGS Web Soil Survey, the site soils consist of Myoma fine sand corresponding to Hydrologic Soil Group A, which is characterized for having low runoff potential and high infiltration rates. Therefore, the site soils are not deemed to be prone to existing erosion or siltation.

As a standard practice, erosion and siltation conditions will be prevented during construction and operation through the required compliance plans. The required Stormwater Pollution Prevention Plan (SWPPP) will include best management practices for proper soil stabilization and perimeter controls to prevent erosion and siltation from being generated by site clearing, grading, and construction activities.

Upon completion, all construction related soil disturbance will be properly restored to a stabilized condition consisting of permanent project improvements (buildings, hardscape, pavement, and landscaping).

During the life of the project, the ongoing maintenance and operation of facilities will ensure that all permanently improved ground surfaces are adequately maintained. As required by the City’s engineering standards and practices, all project-related runoff must be adequately handled along engineered conveyances (sheet flow, swales, gutters, or pipes) to the designated retention facilities. Such storm drain system will be a function of the site plan and final engineering plans subject to City review and approval. Less than significant impacts are anticipated regarding substantial erosion or siltation, on- or off-site.

ii) Less than Significant Impact. Based on FEMA FIRM Panel Number 06065C1595G, effective August 28, 2008, the project site occurs within a Zone X designation, corresponding to an area of minimal flood hazard, which is not considered a Special Flood Hazard Area (SFHA) or a designated floodway. As a standard condition, the project is required to include adequate improvements and site design features to handle the relevant hydrologic conditions in a way that prevents inundation to the proposed structures and facilities. The project will introduce impervious surfaces (buildings, hardscape, asphalt, etc.) to a vacant property, but will also include the required storm drain system (catch basins, lines, outlets, and retention facilities) to 8-147

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intercept, convey and retain the controlling storm event stormwater volume from the site.

In adhering to the City’s engineering and retention requirements, the proposed development is not expected to substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Less than significant impacts are anticipated.

iii) Less than Significant Impact. The City of Rancho Mirage is a Permittee of the Whitewater River Watershed Municipal Separate Storm Sewer System (MS4) permit area. Within the City limits, MS4 facilities include a system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) designed for collecting and conveying stormwater. Storm drain facilities can be public or private. Examples of public facilities include pipes, gutters, channels, and basins occurring on the public right-of-way and/or maintained by a public agency. Private facilities are distinguished by being maintained separately by a private entity.

The eastern edge of the site includes three earthen (unlined) stormwater retention basins spaced approximately 300 feet apart and constructed as part of the Rancho Mirage City Project C.P. 10-254 involving street improvements for Monterey Avenue, as approved February 23, 2017. According to the plans, each basin occurs within a drainage easement measuring 50 by 50 feet.

The basin sides are sloped at a 2:1 ratio descending to a flat basin bottom measuring approximately 25 feet by 30 feet. The stormwater inlet structure is a concrete curb opening leading to a rip-rap conveyance for energy dissipation into the basin bottom, which is indicated to be 2.43 feet below street flowline at inlet structure. The function of these three basins and other off-site retention facilities is to accept stormwater runoff from tributary portions of Monterey Avenue and facilitate infiltration into the native soils. The on-site retention facilities are understood to be temporary in nature and currently publicly maintained by the City as part of the MS4 system. The function and capacity of the temporary basins will be permanently incorporated into the proposed development, along with the maintenance responsibility.

The traditional land development process generally results in the conversion of pervious ground surface (pre-development condition) into a setting with a higher impervious cover, occurring through the introduction of buildings, streets, and hardscape (post-development condition). This conversion generally leads to an increase in post-construction runoff volumes and rates compared to the pre- development condition.

As a standard requirement under Section 13.05.010 of the Rancho Mirage Municipal Code (Required on-site retention), the project must include retention facilities sized to contain stormwater volume resulting from the controlling 100-year, 24-hour duration storm event. In the case of this project, the existing tributary runoff from 8-148

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portions of Monterey Avenue will also be factored into the sizing of on-site retention facilities. As a result, the project will not displace the existing role of the temporary retention basins occupying the eastern site edge. The project’s engineering plans and retention levels will be subject to standard City review and approval. Therefore, by comply with the local retention requirements that take into account the existing facilities, the project will prevent a runoff discharge condition capable of contributing to or exceeding the MS4 capacity. Less than significant impacts are anticipated.

iv) Less than Significant Impact. The project site is located outside of any designated SFHA, floodway, or drainage flow line as determined by FEMA and USGS maps.

Therefore, the project will not impede or redirect any discernable drainage course, floodplain, or flood prone area. As a standard condition, the proposed development will include a storm drain system and associated on-site retention capacity to meet the City’s engineering requirements and to provide adequate protection to the new facilities. The associated grading and hydrology plans will be subject to standard City review and approval. In doing so, the project will not be capable or permitted to impede or redirect flood flows, resulting in less than significant impacts.

d) No Impact. The project is not located near any coastal areas or any large body of water and therefore is not prone to tsunami hazards or seiche risks. The project site is not located in a floodplain or special flood hazard area. As a standard requirement, the project incorporates on-site retention facilities to handle project-related runoff volume up to the controlling 100-year storm event. The nature of the project will not involve the storage or handling of any significant quantities of hazardous substances or petroleum products that would in turn be vulnerable to release due to flooding.

With these required improvements subject to City review and approval, less than significant impacts are anticipated pertaining to flood hazard.

e) Less than Significant Impact. The project proponent is required to implement a project-specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region MS4 Permit and with the City’s on- site retention standards. The final form of the WQMP will be consistent with final engineering documents to incorporate the grading, hydrology, and other improvement plans to demonstrate how the site design, source controls, and operation and maintenance program will achieve compliance. The combined retention capacity for the project will meet the stormwater volume resulting from the controlling 100-year storm event. Moreover, the project’s storm water retention facilities will ensure that only stormwater runoff is recharged into the ground via infiltration.

Therefore, project implementation is not expected to conflict with the regional groundwater management strategies or with the Indio Subbasin Sustainable Groundwater Management Plan. Less than significant impacts are expected.

Mitigation Measures:

None

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11. LAND USE AND PLANNING -
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Physically divide an
established community?
b) Cause a significant
environmental impact due to a
conflict with any land use plan,
policy, or regulation adopted for
the purpose of avoiding or
mitigating an environmental
effect?

Source: Rancho Mirage 2017 General Plan Update; Rancho Mirage Municipal Code.

Setting

The project is located on approximately 35 acres within the Rancho Monterey Specific Plan area west of Monterey Avenue in Rancho Mirage. The land use and zoning designation for the project site is currently Community Commercial (C-C). C-C designations in Rancho Mirage provides for regional- or community-scale shopping centers and malls that may be anchored by several department stores or other large scale facilities as well as a variety of retail outlets, restaurant, and entertainment uses. Hotels and motels may also be appropriate on these lands. The community commercial center is intended to serve the entire community and the surrounding market area.

The project proposes the construction of a mixed-use community consisting of up to 400 residential units and a maximum of 150,000 square feet (including 150 hotel keys) of commercial retail space, open space, parks, and retention areas, and associated improvements. To allow for these uses, the project applicant is submitting a Specific Plan Amendment (SPA) and a General Plan Zoning Map Amendment (GPZMA) which will amend the project General Plan and Zoning designation from C-C to Rancho Monterey Specific Plan with underlying zoning designations of C-C and Mixed-Use (M-U). The proposed project, associated entitlements, and their impacts to land use and planning are discussed below.

Discussion of Impacts:

a) No Impact. The proposed project site occupies approximately 35 acres of vacant undeveloped land location on the northeast corner of Monterey Avenue and Dick Kelly Drive in Rancho Mirage. The project is surrounded by vacant and undeveloped land to the west and south and developed commercial uses to the north and east. The paved roadway, Monterey Avenue, delineates the project’s eastern boundary. The project site and areas to the north, west, and south are located within the Monterey Specific Plan (MSP) area which encompasses 320 acres within the City, while the land east of the project is located outside of the City’s jurisdiction, in the City of Palm Desert. Although 8-150

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the project lies adjacent to developed commercial uses to the north, these uses operate separately from the property. Therefore, with the vacant uses west and south of the project and separated, commercial uses north of the project, the proposed project site will not divide an established community, and no impacts are expected.

b) Less than Significant Impact. As stated throughout this document, the project site occupies approximately 35 acres of vacant land on the northeast corner of Monterey Avenue and undeveloped alignment, Dick Kelly Drive in Rancho Mirage. The project site and areas to the north, west, and south are located within the existing Monterey Specific Plan (MSP) area which was adopted in the early 1990s. The MSP proposes commercial, retail, and residential uses on approximately 320 acres. The land use and zoning designation for the 35-acre project site is currently Community Commercial (C-C). C-C designations in Rancho Mirage provides for regional- or community-scale shopping centers and malls that may be anchored by several department stores or other large scale facilities as well as a variety of retail outlets, restaurant, and entertainment uses.

Hotels and motels may also be appropriate on these lands. The community commercial center is intended to serve the entire community and the surrounding market area.

The project proposes the development of a mixed-use property including up 400 dwelling units, up to 150,000 square feet of commercial/retail space (including hotel with up to 150 hotel keys), and open space, parks and retention areas.

The project proposes a General Plan Zoning Map Amendment (GPZMA) to amend the General Plan land use designation and zoning from C-C to Rancho Monterey Specific Plan with underlying zoning designations of C-C and Mixed-Use (M-U). M-U designations recognize the potential for thoughtfully planned, integrated commercial office, and residential uses. Projects developed under this designation require a specific plan that typically include compatible design standards and must demonstrate shared internal circulation and complementary and synergistic relationships amongst uses. Therefore, a Specific Plan Amendment (SPA) for the 35-acre project area is proposed to provide development guidelines, allowable uses, and standards for the project site. The SPA also removes the unnamed street previously proposed the northern project boundary (southern boundary of the Marketplace).

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Along with the GPZMA and SPA, the project is requesting approval of a Preliminary Development Plan (PDP) and Lot Line Adjustment (LLA). The PDP would demonstrate the design guidelines required by the Specific Plan and ensure quality architecture, landscape, and site design future development project within the SPA area shall follow the Development Plan Permit process as outlined in Chapter 17.42 of the Rancho Mirage Municipal Code. The LLA, if necessary, would adjust existing parcel lines to create the zoning boundary between M-U and C-C areas as well as providing a flexibility to adjust parcel acreages to facilitate future development projects. The LLA will require approval by the City of Rancho Mirage Public Works Engineering Division.

Rancho Mirage General Plan Consistency
The Rancho Monterey Specific Plan Amendment includes the construction and operation of a mixed‐use development consisting of residential, commercial, hospitality, and open space land uses. The Specific Plan’s consistency with the City General Plan is further 8-152

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discussed below. This discussion outlines the various goals withing each relevant General Plan Element, and explains the SP’s consistency within each goal.

Land Use

• Goal LU 1. A resort residential community of desirable neighborhoods, a variety of community facilities, and high quality development.
• Goal LU2. A balanced mix of functionally integrated land uses, meeting the general social and economic needs of the community through simplified, compatible, and consistent land use and zoning designations.
• Goal LU4. High-quality commercial land uses conveniently and appropriately distributed throughout Rancho Mirage, to meet the community’s current and future needs and to take full advantage of emerging development and economic opportunities.

Consistency: The project proposes a mixed-use property including resort (up to 150 hotel keys) residential (up to 400 units), commercial (up to 150,000 square feet of commercial retail space), and open space land uses. One objective of the SPA is to develop a thoughtfully planned and integrated project to allow for a variety of uses including but not limited to residential, commercial retail, office, and hotel uses. This is consistent with Goal LU 1, 2 and 4. Additionally, a SPA objective includes promotion of quality development consistent with the goals and policies of the Rancho Mirage General Plan. As previously stated the project proposes a GPZMA to amend the land use and zoning designations from C-C to C-C and M-U, with a Mixed-Use/Commercial Flex Zone Overlay. The GPZMA would allow for all of the proposed uses.

Circulation
• Goal CIR 1. A safe, efficient, attractive, and economical circulation network meeting current and future demands in a manner consistent with the resort residential character of the community.

Consistency: One objective of the SPA is to provide a safe and efficient circulation system.

According to Section 2.4, Circulation, of the SPA, the Rancho Monterey development has direct and convenient vehicular access to Monterey Avenue, and future access to Via Vail, and Dick Kelly Road once developed. Vehicles will circulate through standard parking lots with drive aisles in compliance with City engineering and Fire Department design standards. Key aspects of the circulation system include:
• Off-Site Street Improvements – Monterey Ave currently exists along the project’s easterly frontage and has been constructed to ultimate ROW width. Dick Kelly Drive and Via Vail are both currently undeveloped and will be built to 60’ and 88’ ultimate ROW respectively per the Section 30 Master Circulation Plan. • Entries – Vehicular access to the site is proposed from Monterey Avenue, Dick Kelly Drive, and Via Vail. The primary entry would occur on Monterey Avenue at a new signalized intersection at the midpoint of the project frontage. New entry points on Ginger Rogers and Via Vail would occur as individual projects are proposed. 8-153

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Entries would include landscaping, entry signage and pedestrian walkway connections.
• Vehicular Circulation – The vehicular circulation system will consist of interior drive aisles that provide access to parking, loading, and service areas to serve future developments. The alignment of the internal circulation system will be determined as future implementing entitlement projects are proposed. • Pedestrian Circulation – Pedestrian links such as interior pathways, greenways, and crosswalks are encouraged to connect future onsite uses. Connectivity between onsite uses and sidewalks along Monterey Ave, Via Vail, and Dick Kelly Drive is strongly encouraged.
• Parking – Sufficient off-street parking will be provided to serve each use. Parking standards for the Specific Plan are subject to City Review and to be consistent with City of Rancho Mirage Code Section 17.26 (PARKING AND LOADING STANDARDS).

Thus, the project is consistent with the goals of the Circulation Element.

Housing
• Goal H 1. A variety of housing types that meet the needs of residents in the city. • Goal H 2. Housing to meet the needs of the city’s lower income households.

Consistency: The project proposes to provide for a variety of residential housing options and commercial retail uses in a pedestrian friendly setting. The project would be able to develop up to 400 dwelling units, including multi-family and senior apartments.

Air Quality
• Goal AQ 1. Preservation and enhancement of regional air quality for the protection of the health and welfare of the community as a whole.

Consistency: The project proposes multiple features to reduce vehicle miles traveled (VMTs), resident’s dependency on vehicles, and increase energy efficiency, all which contributes to the air quality. The project will reduce VMTs by developing a pedestrian- friendly site design, encouraging pedestrian links such as interior pathways, greenways, and crosswalks are encouraged to connect future onsite uses. The project would also conveniently place bike racks near commercial corridors and visible from a variety of destinations will increase alternative modes of transportation. Finally, energy efficiency is encouraged through the use of window overhangs, arcades, solar water heating, advanced heating and cooling systems, or other conservation measures. The implementation of these features will reduce emissions produced from the burning of fossil fuels and energy resources, therefore, reducing the air pollution emitted in the community.

Safety
• Goal SAFE 1. A community that plans for and is protected from the effects of seismic and geological hazards.
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• Goal SAFE 2. Protection of lives, property, and essential facilities from flooding and other hydrologic hazards in Rancho Mirage.
• Goal SAFE 3. Protection of the lives and property of residents, businesses owners, and visitors from structural and wildland fires.
• Goal SAFE 4. Emergency preparedness and response programs that provide for fast and effective response to daily emergencies and major catastrophes.

Consistency: A project‐specific geotechnical investigation was conducted for the proposed project. The Geotechnical Investigation evaluated the engineering properties of the subsurface materials and provided engineering recommendations and design criteria for the site preparation, foundation design, and the design of various site improvements. Mitigation for the project is outlined in the Geology and Soils section of this document. The project is consistent with Goal SAFE 1.

During construction and operation, project implementation will be required to comply with CWA, NPDES, state, and local regulations to prevent violations or impacts to surface water quality standards and waste discharge requirements pertinent to surface or ground water quality. During the life of the project, water quality standards and waste discharge requirements will be met through the compliance of the NPDES permit program for post‐ construction conditions. The project proponent must develop and implement a project‐ specific Water Quality Management Plan (WQMP) to comply with the most current standards of the Whitewater River Region Water Quality Management Plan for Urban Runoff and the Whitewater River Watershed MS4 Permit, all of which are programs under the NPDES and CWA framework. For the on‐site conditions, stormwater will be accepted in retention facilities that may include traditional surface retention basins, underground retention facilities, the wave and lake system for storage. These improvements shall be sized sufficiently to contain the stormwater volume resulting from the controlling 100‐ year storm event. This is consistent with Goal SAFE 2.

The project site will be developed in compliance with the most recent California Building Code standards associated with fire safety in building construction. Additionally, the site is not located near a wildland area and is not susceptible to wildfires. See the Wildfire section of this document. The project is consistent with Goal SAFE 3.

The Fire Department will review the proposed project access points, to ensure adequate access for emergency vehicles. For gated projects, the Fire Department requires the installation of a Knox‐Box Rapid Entry System or similar device to facilitate emergency access by fire fighters and other emergency responders.

Prior to construction, both the Fire Department and Police Department will review the project site plan, and individual sub‐area plans as they are brought forward, to ensure safety measures are addressed, including emergency access. The project will be reviewed by City, Police and Fire officials to ensure adequate fire service and safety as a result of project implementation. The project’s potential impacts relating to the provision of emergency services are analyzed in more detail in the Public Services section of this document. The project is consistent with Goal SAFE 4.
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Community Design
• Goal CD 1. Preservation and promotion of the special identity of Rancho Mirage as an “Oasis in the Desert,” combining quality development with scenic, natural, and open space amenities.
• Goal CD 2. Clearly marked major entry points into Rancho Mirage that incorporate distinctive landscaping, signage, and wall treatments achieving a sense of arrival and symbolizing Rancho Mirage’s identity
• Goal CD 3. Scenic roadways that impart a sense of place and are attrac tively landscaped, provide visual continuity along adjacent uses, preserve views, and create focused intersection landscaping.
• Goal CD 4. A landscape program that promotes aesthetics, climate change resistance, and place-making.
• Goal CD 5. Walls and fences that act as attractive elements of the streetscape, while providing privacy and views, creative design, and visual continuity. • Goal CD 6. Signage of the highest level of design and construction quality. • Goal CD 7. Protection of the star-studded desert night sky from excessive glare. • Goal CD 8. Architecture that is sensitive to its context, blending quality materials, distinctive detailing, and a strong sense of living with nature • Goal CD 9. Retail centers in Rancho Mirage that are visually attractive, people-friendly, and economically successful.
• Goal CD 10. Distinctly designed parking areas in Rancho Mirage’s commercial centers that incorporate rich paving materials, drought and heat-tolerant landscaping, clear and safe pedestrian and vehicular access, and protection from the desert climate through the use of well-placed trees and/or carports.
• Goal CD 12 A city that is noted for lively and attractive public plazas with a combination of quality seating, shade, various art mediums, and other pedestrian amenities.

Consistency: Chapter 4 of the Specific Plan Amendment identifies unifying elements for design of site planning, permanent buildings and landscaping within the Rancho Monterey Specific Plan Amendment. These guidelines will ensure compatibility with the surrounding community and promote high-quality design within the SP Amendment area.

This comprehensive approach represents a more understandable and predictable role in shaping the physical future by emphasizing building form, architecture, and landscape design. The exhibits provided are intended as conceptual illustrations and do not depict final designs, nor should they limit the range of expression among the developer or their professional design team. The key site planning principles include:

• Site design should be compatible with the surrounding development and the Monterey Ave Street frontages.
• Commercial buildings should be located and orientated to respect the need for privacy of surrounding uses, especially adjoining residential development. 8-156

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• Develop a pedestrian-friendly site design encouraging pedestrian links such as interior pathways, greenways, and crosswalks are encouraged to connect future onsite uses.
• Uses that are developed should complement other uses onsite and be compatible with the overall vision of the Specific Plan Amendment and community. • Entries shall be clear, identifiable, and street oriented driveways must be provided at the project and parking entrances. Parking entrances should be designed to ensure safe pedestrian access and provide clean line-of-sight-walkways. • Public gathering spaces such as outdoor plazas and patios shall be encouraged in commercial retail or restaurant buildings. Inviting outdoor spaces create an environment of relaxation and community interaction. Trees, planting, and comfortable site furnishings contribute to enhanced enjoyment of these spaces.

Dynamic and seasonal shading strategies for exterior occupied spaces such as plazas and seating areas shall be incorporated.
• Promote safe pedestrian movement through highly visible pathways and walkways.

Pedestrian and plaza spaces shall be thoughtfully separated from parking lots and vehicular movement through creative landscaping and built structures.

With the implementation of the SPA’s design guidelines the project will be consistent with the Community Design element of the Rancho Mirage General Plan. Please also see discussion c) in the Aesthetics section of this document.

Economic and Fiscal
• GOAL E&F 1: A growing and balanced economic base that serves the needs of Rancho Mirage residents, businesses, and visitors while maintaining the City’s high standards of development and environmental protection.

Consistency: The project proposes a resort with up to 150 hotel keys, up to 400 residential units, and 150,000 square feet of commercial/retail space. The development of the resort and commercial land uses will expand tourism opportunities and promote fiscal stability. Additionally, the residential use will incrementally increase demand for commercial goods and services in the region, thus enhancing the economy. The project promotes the continued growth of the tourism and resort industries in Rancho Mirage by providing resort, commercial, and residential land uses on the 35-acre property.

Zoning Consistency

The existing zoning for the project is Community Commercial (C-C). C-C zones apply to areas appropriate for larger, community-scale shopping centers and malls, which may be anchored by several department stores or other large-scale retail outlets, restaurants, hotels, and entertainment uses. The standard size of development ranges from one hundred thousand to four hundred thousand square feet in gross floor area and requires approval of a specific plan. The C-C zoning district is consistent with the community commercial land use designation of the General Plan.

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The project proposes a GPZMA to change the zoning district to C-C and Mixed-Use (M- U). The Specific Plan Amendment would supersede the current zoning designations on the project site and act as a developmental guide for the project. The proposed SPA will set forth the planning areas, land use policies, development standards, and design guidelines for the project. The Rancho Monterey SPA will address minimum development densities, as shown in the tables below. All development on the project shall adhere to the standards and requirements set forth in the SPA. The SPA’s development standards vary from the standards of the Zoning Ordinance. However, as shown in the tables, the variations are not substantial, when compared to the existing standards within the RMMC.

Title 17, Zoning, of the RMMC was consulted in order to compare the development standards proposed for the project with the existing standards established for the City of Rancho Mirage. Title 9, and development standards associated with Commercial districts were utilized to determine whether project development would result in significant impacts.

Table PA-I and PA-II Development Standards
SPA RMMC C-C Zones RMCC M-U Zones
Gross Lot Area -- 15 ac 5 ac
Lot Coverage Maximum 35 % 35% 35 %
Setbacks
From Monterey Ave. 20 ft -- --
Front 25 ft 25 ft 25 ft
Side (each) 20 ft 20 ft 25 ft
Street Side 25 ft 25 ft 25 ft
Rear 25 ft 25 ft 25 ft
Accessory Structures See RMMC Section 17.30.190 (Accessory Uses & Structures) Distance Between Structures 10 ft 20 ft 20 ft
Max. Height – Multifamily
Residential 44 ft / 3 stories
20 ft / 1 story,
whichever is less
20 ft / 1 story,
whichever is less Max. Height – Hotel 50 ft / 4 stories Max. Height – Office 40 ft / 3 stories
Max. Height – Retail 20 ft / 1 story
Notes: 1. See additional height requirements (RMMC Section 17.20.100(A)).

2. These dimensions vary and will be determined during development plan permit review

As demonstrated in the table above, the proposed project would not result in a significant change to the City’s established Municipal Code development standards in Community Commercial and Mixed-Use zones. The project proposes the same maximum lot coverage (35%) and front, side, streetside and rear setbacks. The project would result in shorter distances between structures, as well as an increased building height allowed for the residential, hotel and office uses. Increased building heights would allow for buildings structures and densities that are typical in height for multifamily residential units, and hotel uses.

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Based on the consistency analysis presented in this discussion, the project will be consistent with the goals and policies of the Rancho Mirage General Plan. The Specific Plan will result in changes to development standards, but as demonstrated above, those changes will not be substantial. Impacts will be less than significant.

Mitigation Measures:

None

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12. MINERAL RESOURCES -- Would
the project:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Result in the loss of availability
of a known mineral resource that
would be of value to the region
and the residents of the state?

b) Result in the loss of availability
of a locally important mineral
resource recovery site delineated
on a local general plan, specific
plan or other land use plan?

Source: Mineral Land Classification Map, Riverside County, 2007; Rancho Mirage General Plan 2017; Rancho Mirage General Plan EIR, May 2005.

Setting

The State of California has recognized the importance of mineral resources for construction materials and other economic purposes. Mining and extraction of mineral resources continues to be threatened by urbanization and development in areas where important mineral resources exist. The California Surface Mining and Reclamation Act of 1975 (SMARA) addresses the loss of regionally significant mineral deposits to urban development.

The Act requires the Department of Conservation to create Production-Consumption Regions which are areas where significant mineral resources of statewide importance and regional significance are produced and consumed, and a classification system that identifies lands where significant mineral resource deposits are located. Rancho Mirage is located in the Palm Springs Production-Consumption Region. The Palm Springs Production-Consumption Region covers approximately 631 square miles of the Coachella Valley, from near Cabazon to Thermal. Lands within the Production-Consumption Region are classified according to the presence of valuable mineral resources. Two Mineral Resource Zones within the City include MRZ-1 and MRZ-3. MRZ-1 are areas where adequate information indicates that no significant mineral deposits are present, or where it is judged that little likelihood exists for their presence. MRZ-3 are areas containing known or inferred mineral deposits, the significance of which cannot be evaluated from available data.

Discussion of Impacts:

a-b) Less than Significant Impact. The mineral resources that are attributed to the Coachella Valley desert floor primarily consists of sand, gravel (aggregate) and other important mineral deposits that have eroded from the surrounding mountains and hills. To ensure the protection of important mineral resources, the Surface Mining and Reclamation Act of 1975 (SMARA) developed Mineral Land Classification Maps and 8-160

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reports to identify the presence or absence of suitable sources of aggregate (sand, gravel or stone deposits) into Mineral Resource Zones. According to this Classification Map, the project site is located within the Mineral Resource Zone 1 (MRZ-1). This specific zone identifies areas where adequate information indicates that no significant mineral deposits are present or likely to be present.

Mitigation Measures:

None

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13. NOISE -- Would the project
result in:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Generation of a substantial
temporary or permanent increase in
ambient noise levels in the vicinity
of the project in excess of
standards established in the local
general plan or noise ordinance, or
applicable standards of other
agencies?

b) Generation of excessive
groundborne vibration or
groundborne noise levels?

c) For a project located within the
vicinity of a private airstrip or an
airport land use plan or, where
such a plan has not been adopted,
within two miles of a public airport
or public use airport, would the
project expose people residing or
working in the project area to
excessive noise levels?

Source: Rancho Monterey Specific Plan Noise and Vibration Impact Analysis, Urban Crossroads, Inc., May 2022; Rancho Mirage General Plan 2017; Rancho Mirage Municipal Code; Rancho Mirage General Plan Environmental Impact Report, 2005.

Setting
Noise is defined as “unwanted sound.” Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm or when it has adverse effects on health. Noise is measured on a logarithmic scale of sound pressure level known as decibel (dB) A-weighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum. They are adjusted to reflect only those frequencies which are audible to the human ear. The exhibit below presents a summary of the typical noise levels and their subjective loudness and effects.

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Table XIII-1 Typical Noise Levels

Environmental noise descriptors are generally based on averages, rather than instantaneous, noise levels. The most used metric is the equivalent level (Leq). Equivalent sound levels are not measured directly but are calculated from sound pressure levels typically measured in A-weighted decibels. The Leq represents a steady state sound level containing the same total energy as a time varying signal over a given sample period and is commonly used to describe the “average” noise levels within the environment.

Peak hour or average noise levels, while useful, do not completely describe a given noise environment. Noise levels lower than peak hour may be disturbing if they occur during times when quiet is most desirable, namely evening and nighttime (sleeping) hours. To account for this, the Community Noise Equivalent Level (CNEL), representing a composite 24-hour noise level is utilized. The CNEL is the weighted average of the intensity of a sound, with corrections for time of day, and averaged over 24 hours. The time-of-day corrections require the addition of 5 decibels to dBA Leq sound levels in the evening from 7:00 p.m. to 10:00 p.m., and the addition of 10 decibels to dBA Leq sound levels at night between 10:00 p.m. to 7:00 a.m. These additions are made to ac count for the noise sensitive time periods during the evening and night hours when noise can become more intrusive. CNEL does not represent the actual sound level heard at any time, but rather represents the total sound exposure. The city of Rancho Mirage relies on the 24- hour CNEL level to assess land use compatibility with transportation related noise sources.

Noise transmission is affected by a variety of factors such as temperature, wind speed, wind direction, and the type of ground surface. Sound intensity reduced by surfaces, 8-163

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walls, vegetation or other material is called attenuation. Soft ground surfaces tend to reduce sound levels better than hard surfaces. A drop-off rate of 4.5 dBA per doubling of distance is typical across soft ground. In comparison, hard ground, such as concrete, stone, and hard packed earth reduce sound by 3.0 dBA per doubling distance. Effective noise barriers, such as walls or berms, can help reduce noise levels by 10-15 decibels.

These types of barriers can provide relief from traffic noise. Vegetation, on the other hand, is less effective for reducing noise levels. In general, walls need to be high enough and long enough to block the view of a road to function as a noise barrier.

Some land uses are more tolerant of noise than others. For example, schools, hospitals, churches, and residences are more sensitive to noise intrusion that are commercial or industrial developments and related activities. As ambient noise level affects the perceived amenity or livability of a development, so too can the mismanagement of noise impacts impair the economic health and growth potential of a community by reducing the area’s desirability as a place to live, shop and work. For this reason, land use compatibility with the noise environment is an important consideration in the planning and design process. The Federal Highway Administration (FHWA) encourages State and local government to regulate land development in such a way that noise-sensitive land uses are either prohibited from being located adjacent to a highway, or that the developments are planned, designed, and constructed in such a way that noise impacts are minimized.

Discussion of Impacts:

a) Less than Significant Impact. Urban Crossroads, Inc. has prepared a noise study to determine the noise exposure and the necessary noise mitigation measures, if any, for the proposed project. The project’s noise study evaluated the project-generated noise from the construction and operation of up to 400 residential dwelling units and 150,000 square feet of commercial use on approximately 35 acres. This is a conservative analysis because the project is not anticipated to develop all 400 units and 150,000 square feet of commercial on the project site. The onsite project-related noise sources are expected to include: outdoor seating activity, trash enclosure activity, roof -top air conditioning units, and pool activity. The noise study is intended to describe the noise level impacts associated with the expected typical construction and operational activities at the project site.

To assess the existing noise level environment, 24-hour noise level measurements were taken at six locations in the project study area by Urban Crossroads, Inc. on August 11, 2011. The locations are indicated in the exhibit below.

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Exhibit XIII-1 Noise Measurement Locations
The noise measurements focus on the equivalent or the hourly energy average sound levels (Leq). The equivalent sound level represents a steady state sound level containing the same total energy as a time varying signal over a given sample period. The table below identifies the hourly daytime (7:00 a.m. to 6:00 p.m.), evening (6:00 p.m. to 10:00 p.m.), and nighttime (10:00 p.m. to 7:00 a.m.) noise levels at each noise level measurement location.

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Table XIII-2 Ambient Noise Level Measurements

Construction Noise

Construction of the project site is expected to generate short-term noise increases compared to the existing levels. A temporary incremental increase in noise levels along local roadways is expected to occur during the transport of workers and equipment to and from the site. Noise increases will also be generated by the actual on-site construction activities. Equipment used during the construction phases would generate both steady state and episodic noise that would be heard both on and off the project site.

The FTA Transit Noise and Vibration Impact Assessment Manual recognizes that construction projects are accomplished in several different stages and outlines the procedures for assessing noise impacts during construction. Each stage has a specific equipment mix, depending on the work to be completed during that stage. As a result of the equipment mix, each stage has its own noise characteristics; some stages have higher continuous noise levels than others, and some have higher impact noise levels than others. The project construction activities are expected to occur in the following stages: site preparation; grading; building construction; paving; and architectural coating.

To describe construction noise activities, reference construction equipment noise levels from the Federal Highway Administration (FHWA) published the Roadway Construction Noise Model (RCNM), which includes a national database of construction equipment reference noise emission levels. The RCNM equipment database, provides a comprehensive list of the noise generating characteristics for specific types of construction equipment. In addition, the database provides an acoustical usage factor 8-166

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estimate the fraction of time each piece of construction equipment is operating at full power (i.e., its loudest condition) during a construction operation.

Calculations of the project construction equipment noise level impacts at the nearby sensitive receiver locations were completed using the reference construction equipment noise levels and the CadnaA noise prediction model. Consistent with FTA guidance for general construction noise assessment, the noise study analyzed the combined noise levels for the loudest construction equipment, assuming they operate at the same time.

As indicated in the table below, noise levels are expected to range from 38.7 to 60.4 dBA Leq at the nearby receiver locations.

Table XIII-3 Construction Equipment Noise Level Summary

To evaluate whether the project will generate potentially significant short-term noise levels at nearest receiver locations, a construction-related daytime noise level threshold of 80 dBA Leq is used as a reasonable threshold to assess the daytime construction noise level impacts. The construction noise analysis shows that the nearest receiver locations will satisfy the reasonable daytime 80 dBA Leq significance threshold during project construction activities. Therefore, the noise impacts due to project construction noise are considered less than significant at all receiver locations.

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Table XIII-4 Construction Noise Level Compliance
To control noise impacts associated with the construction of the proposed project, the City has established limits to the construction hours of operation. The RMMC Section

15.04.030 [A][11] indicates that construction, shall be limited to the hours of 7:00 a.m. and 7:00 p.m. with no activity on Sundays and holidays. Impacts are less than significant.

Operational Noise

To analyze noise impacts originating from a designated fixed location or private property such as the project, stationary-source (operational) noise such as the expected roof-top air conditioning units, outdoor activity area, drive-through speakerphone, trash enclosure activity, parking lot vehicle movements, and pool activity are typically evaluated against standards established under a jurisdiction’s Municipal Code or General Plan. According to the City of Rancho Mirage Municipal Code, the following exterior noise levels are appliable to the associated zone, as illustrated in the table below.

Table XIII-5 Exterior Noise Level Limits
Land Use/Zone Time of Day Noise Level (dBA)
Residential, Low Density (R-E, H-R, R-
L-2, R-L-3)
7:00 am to 6:00 pm 55
6:00 pm to 10:00 pm 50
10:00 pm to 7:00 am 45
Residential, Medium and High
Density, Hospital, Open Space (OS,

R-M, R-H, MHP)
7:00 am to 6:00 pm 60
6:00 pm to 10:00 pm 55
10:00 pm to 7:00 am 50
Commercial Office, Resort
Commercial, Mixed Use, Institutional
(OS, Rs-H, M-U)
7:00 am to 6:00 pm 65
6:00 pm to 10:00 pm 60
10:00 pm to 7:00 am 55
Commercial Neighborhood, General
Commercial, Commercial Recreation,
Light Industrial (C-N, C-G, I-L)
7:00 am to 6:00 pm 70
6:00 pm to 10:00 pm 65
10:00 pm to 7:00 am 60
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However, the County of Riverside exterior noise level limits were used in the Noise Study to determine potential project operational noise level impacts. The County of Riverside Municipal Code Section 9.52.040 general sound level standards identify exterior noise level standards, which for the purpose of the Noise Study, are used to evaluate potential project-related operational noise level. The County of Riverside Municipal Code identifies exterior noise level limits of 55 dBA Leq during the daytime hours of 7:00 a.m. to 10:00 p.m., and 45 dBA Leq during the noise sensitive nighttime hours of 10:00 p.m. to 7:00 a.m. for non-sensitive uses. The Riverside County Municipal Code (Section 9.52.040) uses a more conservative exterior noise level than the City of Rancho Mirage. For example the thresholds utilized in the Noise Study is 55 dBA Leq during 7:00 a.m. to 10:00 p.m., where the Rancho Mirage standard is 65-60 dBA for commercial office uses and 70-65 dBA for commercial neighborhood/general commercial uses during these hours.

Off-Site Traffic Noise Levels
The noise study presents the roadway parameter used to assess the project’s off-site transportation noise impacts. The noise study identified 19 off-site study area roadway segments. The table below indicates these 19 roadway segments, the distance from the centerline to adjacent land use based on the functional roadway classifications per the City of Rancho Mirage and Palm Desert General Plans Circulation Element, and the vehicle speeds. The average daily trip (ADT) volumes are consistent with the Rancho Monterey Traffic Analysis, also conducted by Urban Crossroads, Inc., the offsite traffic noise analysis includes the following traffic scenarios:

- Existing (2022) Without Project Conditions
- Existing With Project Alternative 1 Conditions (with a proposed roadway connection completed) (E+P Alt1)
- Existing With Project Alternative 2 Conditions (with no proposed roadway connection) (E+P Alt2)
- Opening Year (2023) Without Project Conditions
- Opening Year With Project Alternative 1 Conditions (with a proposed roadway connection completed) (OYP Alt1)
- Opening Year With Project Alternative 2 Conditions (with no proposed roadway connection) (OYP Alt2)
- Future Year (2040) Without Project Conditions
- Future Year With Project Alternative 1 Conditions (with a proposed roadway connection completed) (FYP Alt1)
- Future Year With Project Alternative 2 Conditions (with no proposed roadway connection) (FYP Alt2)

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Table XIII-6 Off-Site Roadway Parameters

The following discussion summarizes the off-site traffic noise levels and increases with and without the project, based on the calculations provided in the noise study (see Tables 7-1 through 7-15 in the noise study).

Existing (2022):

This scenario indicates existing traffic noise conditions on the 19 segments. The existing without project exterior noise levels range from 61.9 to 75.3 dBA CNEL, without accounting for any noise attenuation features such as noise barriers or topography (s ee Table 7-1 in the Noise Study).

Existing With Project Alt1 and Alt2
The Existing with Project Alt1 Conditions will range from 64.3 to 75.5 dBA CNEL, and the off-site traffic noise level impacts will range from 0.0 to 2.4 dBA CNEL (see Tables 7-1 and 7-10 in the noise study). The Existing with Project Alt2 will range from 64.0 to

75.5 dBA CNEL, and the off-site traffic noise level impacts will range from 0.0 to 2.1 dBA CNEL (see Tables 7-2 and Table 7-11 in the noise study). However, the analysis of existing off-site traffic noise levels plus traffic noise generated by the proposed project scenario will not actually occur since the project would not be fully constructed and operational until 2023 conditions.

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Opening Year (2023):

Opening Year (2023) without project conditions CNEL noise levels are expected to range from 62.6 to 75.4 dBA CNEL, without accounting for any noise attenuation features such as noise barriers or topography (see Table 7-4 in noise study). The Opening Year with Project Alt1 will range from 64.4 to 75.6 dBA CNEL (Table 7-5), and off-site traffic noise level increases will range from 0.0 to 2.0 dBA CNEL (Table 7-12). The Opening Year with Project Alt2 will range from 64.4 to 75.6 dBA CNEL (Table 7-6), and off-site traffic noise level increases will range from 0.0 to 1.9 dBA CNEL (Table 7 -13). Based on the significance criteria for off-site traffic noise, land uses adjacent to the study area roadway segments would experience less than significant noise level increases on receiving land uses due to project-related traffic.

Future Year (2040):

Future Year (2040) without project conditions CNEL noise levels are expected to range from 63.9 to 76.2 dBA CNEL, without accounting for any noise attenuation features such as noise barriers or topography (see Table 7-7). The Future Year with Project Alt1 will range from 64.2 to 76.4 dBA CNEL (Table 7-8), and off-site traffic noise level increases will range from 0.0 to 0.7 dBA CNEL (Table 7-14). The Opening Year with Project Alt2 will range from 64.2 to 76.4 dBA CNEL (Table 7-9), and off-site traffic noise level increases will range from 0.0 to 0.6 dBA CNEL (Table 7-15). Based on the significance criteria for off-site traffic noise, land uses adjacent to the study area roadway segments would experience less than significant noise level increases on receiving land uses due to project-related traffic.

Operational Activities
To assess the potential for long-term stationary source and short-term construction noise impacts, Urban Crossroads provided six receiver locations for the analysis. Sensitive receivers are generally defined as locations where people reside or where the presence of unwanted sound could otherwise adversely affect the use of the land. Noise-sensitive land uses are generally considered to include schools, hospitals, single-family dwellings, mobile home parks, churches, libraries, and recreation areas. The six receiver locations, and their distances from the project site, are illustrated in the exhibit below.

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Exhibit XIII-2 Receiver Locations

The on-site project-related noise sources are expected to include: outdoor seating activity, trash enclosure activity, roof-top air conditioning units, and parking lot activity.

The noise study assumes the worst-case noise environment with these operational uses all operating at the same time. However, it is likely that these activities will vary throughout the day. The exhibit below identifies the noise source locations used to assess the operational noise levels. The noise study illustrates the western side of the project area (PA-2 mixed-use) to be for residential land uses, and therefore, are considered a noise-sensitive receiving land use and not expected to include any meaningful sources 8-172

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of noise activity. Therefore, no potential operational noise impacts for the residential land use are analyzed in the noise study and this document.

Exhibit XIII-3 Stationary Source Noise Locations

To estimate the project operational noise impacts, reference noise level measurements were collected from similar types of activities to represent the noise levels expected with the development of the proposed project. Collection methodologies are described in Section 9 of the Noise Study. The table below shows the reference noise level measurements used to estimate the project operational noise impacts. 8-173

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Table XIII-7 Reference Noise Level Measurements

Using the reference noise levels to represent the proposed project operations, Urban Crossroads calculated the operational source noise levels that are expected to be generated at the project site and the operational source noise levels that are expected to be generated at the project site and the project-related noise level increases that would be experienced at each of the sensitive receiver locations. The table below shows the project operational noise levels during the daytime, evening, and nighttime hours.

The daytime hourly noise levels at the offsite receiver locations are expected to range from 29.8 to 47.2 dBA Leq.

Table XIII-8 Project Operational Noise Levels

To demonstrate compliance with the local noise regulations, the project-only operational noise levels are evaluated against exterior noise level thresholds based on the City of Rancho Mirage exterior noise level standards at nearby noise-sensitive receiver locations.

The table above shows that the operational noise levels associated with the project will not exceed the thresholds at the receiver locations. Therefore, the operational noise impacts are considered less than significant at the nearby noise-sensitive receiver locations.

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To describe the project operational noise level increases, the project operational noise levels are combined with the existing ambient noise levels measurements for the nearby receiver locations potentially impacted by project operational sources. The tables below show that the project will generate an unmitigated operational noise level increases ranging from 0.0 to 2.0 dBA Leq at the nearby receiver locations. These noise level increases satisfy the operational noise level increase significance criteria. Therefore, the project related operational noise level increases at all sensitive receiver locations will be less than significant.

Table XIII-9 Daytime Project Stationary Source Noise Level Increases

Table XIII-10 Evening Project Stationary Source Noise Level Increases

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Table XIII-11 Nighttime Project Stationary Source Noise Level Increases

Overall, the project will result in less than significant impacts regarding short-term construction and long-term operational noise.

b) Less than Significant Impact. Per the Federal Transit Administration (FTA) Transit Noise Impact and Vibration Impact Assessment Manual, vibration is the periodic oscillation of a medium or object. The rumbling sound caused by the vibration of room surfaces is called structure-borne noise. Sources of ground-borne vibrations include natural phenomena (e.g., explosions, machinery, traffic, trains, construction equipment). Vibration sources may be continuous, such as factory machinery, or transient, such as explosions.

As is the case with airborne sound, ground-borne vibrations may be described by amplitude and frequency.

There are several different methods that are used to quantify vibration. The peak particle velocity (PPV) is defined as the maximum instantaneous peak of the vibration signal. The PPV is most frequently used to describe vibration impacts to buildings but is not always suitable for evaluating human response (annoyance) because it takes some time for the human body to respond to vibration signals. Instead, the human body responds to average vibration amplitude often described as the root mean square (RMS). The RMS amplitude is defined as the average of the squared amplitude of the signal and is most frequently used to describe the effect of vibration on the human body. Decibel notation (VdB) is commonly used to measure RMS. Decibel notation (VdB) serves to reduc e the range of numbers used to describe human response to vibration. Typically, ground-borne vibration generated by man-made activities attenuates rapidly with distance from the source of the vibration. Sensitive receivers for vibration include structures (especially older masonry structures), people (especially residents, the elderly, and sick), and vibration-sensitive equipment and/or activities.

Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. Operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance.

Construction vibration is generally associated with pile driving and rock blasting (pile 8-176

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drivers and rock blasting operations are not proposed to occur at the project site). Other construction equipment such as air compressors, light trucks, hydraulic loaders, etc. generate little or no ground vibration. Ground vibration levels associated with various types of construction equipment are summarized on the table below. Based on representative vibration levels presented for various construction equipment types, it is possible to estimate the potential for human response (annoyance) and building damage using the following vibration assessment methods defined by the FTA.

Table XIII-12 Vibration Source Levels for Construction Equipment

To analyze vibration impacts associated with the project, vibration-generating activities are appropriately evaluated against standards established under a City’s Municipal Code, if such standards exist. While Section 17.18.080 of the RMMC requires that no vibration associated with any use shall be allowed which is discernable beyond the boundary line of the subject property, the City of Rancho Mirage does not identify specific construction vibration level limits. Therefore, the Caltrans Transportation and Construction Vibration Guidance Manual vibration damage are used to assess potential temporary construction- related impacts at adjacent building locations. The nearest noise sensitive buildings adjacent to the project site can best be described as “older residential structures” with a maximum acceptable continuous vibration threshold of 0.3 PPV (in/sec).

Per the noise study, at distances ranging from 49 to 1,849 feet from the building façade of the established receivers to the project construction activities, construction vibration velocity levels are estimated to range from 0.000 to 0.077 in/sec PPV. Base d on maximum acceptable continuous vibration threshold of 0.3 PPV (in/sec), the typical project construction vibration levels will fall below the building damage thresholds at all the noise sensitive receiver locations. Therefore, the project-related vibration impacts are considered less than significant during typical construction activities at the project site.

Moreover, the vibration levels reported at the sensitive receiver locations are unlikely to be sustained during the entire construction period but will occur rather only during the times that heavy construction equipment is operating adjacent to the project site perimeter.

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Table XIII-13 Project Construction Vibration Levels

Overall, impacts will be less than significant.

c) No Impact. The project is not located within an airport land use plan, and/or near a private or private airstrip. The project is located approximately 6.0 miles from the closest airport, the Palm Springs International Airport. The project is also located outside of the 70, 65 and 60 CNEL noise contours associated with this facility. Furthermore, the Palm Springs Airport Land Use Plan does not identify the project as being located within its planning area. No impacts are expected.

Mitigation Measures:

None

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14. POPULATION AND HOUSING –
Would the project:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Induce substantial unplanned
population growth in an area,
either directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension of
roads or other infrastructure)?

b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?

Source: Department of Finance E-5 Population and Housing Estimates for Cities, Counties and the State, 2011-2021. Rancho Mirage General Plan, 2017; Rancho Mirage General Plan Environmental Impact Report, 2005; Local Profiles Report, Rancho Mirage, Southern California Association of Governments, 2019.

Setting
According to the Department of Finance (DOF), the City of Rancho Mirage had a population of 18,799 people in 2010. The City’s population increased approximately 10.1 percent in 2021, for a population of 18,799 people. The City of Rancho Mirage’s population accounts for approximately 1.66 percent of the County of Riverside’s total population. The median age in the City was 45.6 in 2010 (US Census data). The most recent Census data (2019) shows the median age in the City to be 48, compared to the median age in Riverside County (35) and the Nation (38). Additionally, the number of jobs in 2017 in Rancho Mirage was 16,902 (SCAG).

Discussion of Impacts:

a) Less than Significant Impact. The approximately 35-acre project is located at the northwest corner of Monterey Avenue and the undeveloped alignment Dick Kelly Drive in the City of Rancho Mirage. The project site and the surrounding areas are characterized as developed and undeveloped land, with commercial uses located north and east of the project, and vacant undeveloped land east and south of the project. The project site is located within the Monterey Specific Plan (MSP) which was adopted in the early 1990s.

The MSP proposes commercial, retail, and residential uses on approximately 320 acres.

The land use and zoning designation for the 35-acre project site is currently Community Commercial (C-C). C-C designations in Rancho Mirage provides for regional- or community-scale shopping centers and malls that may be anchored by several department stores or other large scale facilities as well as a variety of retail outlets, restaurant, and entertainment uses. Hotels and motels may also be appropriate on these lands. The community commercial center is intended to serve the entire community and the surrounding market area.
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The project proposes a General Plan Zoning Map Amendment (GPZMA) to amend the General Plan land use designation and zoning from C-C to Rancho Monterey Specific Plan with underlying zoning designations of C-C and Mixed-Use (M-U). M-U designations recognize the potential for thoughtfully planned, integrated commercial, office, and residential uses. Projects developed under this designation require a specific plan that typically include compatible design standards and must demonstrate shared internal circulation and complementary and synergistic relationships amongst uses. Therefore, a Specific Plan Amendment (SPA) for the 35-acre project area is proposed to provide development guidelines, allowable uses, and standards for the project site. With the approval of the GPZMA and SPA, the project proposes the development of up 400 dwelling units, up to 150,000 square feet of commercial space or an approved combination of the two.

The development of the residential portion of the project site (up to 400 units) could result in approximately 800 residents in the project area, based on the City’s two persons per household, as provided by the Department of Finance’s (DOF) 2021 population and housing elements. Although the project area did not propose residential uses onsite in the MSP, the City of Rancho Mirage accounts for this growth in their General Plan and General Plan Environmental Impact Report (EIR), which analyzes City buildout conditions.

Per the City’s General Plan EIR, buildout of the City and Sphere of Influence (SOI) area, would result in a population of 44,268 people by the year 2025. Meanwhile, the Southern California Association of Governments (SCAG) predicts that the City of Rancho Mirage will have a population of 25,200 people by the year 2045. However, it shall be noted that the SCAG population forecast does not include the City’s Sphere of Influence area, thus, resulting in a reduced number. Currently, the City of Rancho Mirage has 18,799 residents (DOF), which is 25,469 less people than the General Plan EIR predicted for the buildout of the City and SOI, and 6,401 less people than the SCAG population growth forecast for the City by 2045. The development of the proposed project may increase the population by approximately 4.2 percent to 19,599 people. However, this is a conservative figure because it assumes that none of the future residents would come from the City of Rancho Mirage. It is likely that some new residents of the project will be existing residents of the City. Based on the General Plan EIR, the maximum addition of approximately 800 residents as a result of the proposed project would not result in unplanned population growth within the City. Population growth within the City of Rancho Mirage is accounted for in the General Plan EIR, and less than significant impacts are anticipated.

The project would result in the planned growth of infrastructure in the area. Currently, the project site is located on vacant and undeveloped land. Areas north and east of the project are developed and consist of commercial land uses, while areas west and south of the project are undeveloped and vacant, similar to the project site. As previously stated, the project site and the surrounding properties to the north, west, and south are located within the Monterey Specific Plan (MSP) which encompasses approximately 320 acres and proposes the development of commercial, retail, residential, and open space land uses. The MSP, approved in 1990, proposed development of the entire site to 8-180

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include internal roadways and utility infrastructure to serve the 320-acre site.

Development of the proposed project would result in the property’s connection to existing infrastructure and the construction of planned roadways to serve the project site.

These improvements were anticipated in the MSP; therefore, the project would not result in unplanned indirect growth. Less than significant impacts.

b) No Impact. The proposed site is currently vacant and undeveloped. Due to the undeveloped and vacant condition of the project property, the proposed project will not displace substantial numbers of exiting people or housing. No impacts are anticipated.

Mitigation Measures:

None

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15. PUBLIC SERVICES –

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Would the project result in
substantial adverse physical
impacts associated with the
provision of new or physically
altered governmental facilities,
need for new or physically altered
governmental facilities, the
construction of which could cause
significant environmental impacts,
in order to maintain acceptable
service ratios, response times or
other performance objectives for
any of the public services:

Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
City of Rancho Mirage Fire and Police Department Website, City of Rancho Mirage 2017 General Plan Update, 2017 Rancho Mirage General Plan EIR Addendum, PSUSD Fee Justification Study

Setting

Fire: The Riverside County Fire Department (RCFD), under contract with the City of Rancho Mirage, provides a full range of 24-hour fire protection and emergency medical services to the City. The City’s Fire Department is made up of 27 sworn, 2 full time non-sworn and 1 part time non-sworn personnel, serving 24.7 square miles with an estimated population of 18,799. RCFD maintains two fire stations within the City of Rancho Mirage, Fire Station 50, and Fire Station 69.

Police: Law enforcement services are provided to the City of Rancho Mirage through a contractual agreement with Riverside County Sheriff’s Department. The Sheriff’s department provides 24-hour municipal police services associated with a City police department. The Rancho Mirage police department has a small police substation at the Rancho Mirage Public Library; deputies assigned to work in Rancho Mirage primarily operate out of the Palm Desert station located at 73-705 Gerald Ford Drive. This station is approximately 1 mile from the project site. The City’s police department patrols 7 days a week, 365 days a year and 24 - hours a day. The department serves over 18,000 residents, patrolling 25 square miles of City streets.
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The City also employs volunteers that assist the Sheriff’s Department, through a program known as “Citizens on Patrol” (COPS). They are trained by the Riverside County Sheriff’s Department and assist in the reduction of crime by providing high visibility, direct communication and random daily patrols.

School: The project site is within the boundary of the Palm Springs Unified School District (PSUSD). The School District provides education to students in grades transitional kindergarten through 12 residing within portion of the cities of Cathedral City, Desert Hot Springs, Palm Desert, Palm Springs, Rancho Mirage, and a portion of the unincorporated County of Riverside.

Parks: The City of Rancho Mirage provides both public and private parks, open space and multi-city recreational facilities with various amenities. See Section 16, Recreation, below for further background.

Other Facilities: Other facilities within the City of Rancho Mirage includes, City Hall, hospitals, and the public library and observatory. These facilities provides services and amenities for the residents of the City.

Discussion of Impacts:

a) Fire
Less than Significant Impact. Currently there are two fire stations within the City of Rancho Mirage. Fire Station 50 is located at 70-801 Highway 111 and is approximately

1.9 driving miles from the proposed project site. This station covers the southern portion of the City and is equipped with a Medic Engine and Paramedic Ambulance. Five firefighters are staffed at this station daily and three of the five firefighters are paramedics.

Fire Station 69 is located at 71-751 Gerald Ford Drive and is approximately 4 driving miles from the project site. This station covers the northern portion of Rancho Mirage and is also staffed with five firefighters daily, with three of the five fire fighters being paramedics. The Riverside County Fire Department operates under a Regional Fire Protection Program, which allows all of its fire stations to provide support as needed regardless of jurisdictional boundaries.

Development of the proposed project would result in an increase in demand for fire services. Service calls could place an additional demand on fire personnel, fire apparatus and equipment. However, the project site is located in a developed urban area of the City, and approximately 1.3 miles from Fire Station No. 69 and 35. Therefore, the project would not necessitate the construction or alternation of a fire station in order to continue to serve the site at its current level, nor would it impact the current response times.

Additionally, the project complies with the 2017 General Plan Public Service and Facilities Policy PS&F 6.1 in that all new development is reviewed for their impacts on safety and the provision of police and fire protection services. The project would be 8-183

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required to implement all applicable fire safety requirements, including the installation of fire extinguishers, fire hydrants, and sprinkler systems.

The City enacts a development fee on all new development within the City to finance public facilities which goes towards the funding of fire services. The project would be required to comply with Development Impact Fees in place at the time of construction.

The project will be required to annex into the City’s Community Facilities District No.1, which is a special tax used to pay for public services. Payment of these fees helps offset impacts by providing sufficient revenue for necessary improvements to ensure acceptable fire facilities, response times, equipment and personnel are maintained. Less than significant impacts to fire services are anticipated with project implementation.

Police
Less than Significant Impact. The Department has a staff of 29 full time officers (24 sworn and 5 non-sworn). The officers have a daily staffing of 7 officers that work in two, 12- hour shifts. Four deputy patrol officers work the day shift, and 3 deputy patrol officers work the night shift. The City currently provides 1.77 officers per 1,000 residents, which is well above the commonly used and accepted ratio of one officer per 1,000 residents.

Police response times vary and are dependent on the location of patrol cars. The average response times for priority 1 calls in the City of Rancho Mirage was 5 to 6 minutes.

The project site is approximately 35 acres of undeveloped land located in the northwest corner of Monterey Avenue and Dick Kelly unimproved alignment. Project development is expected to have an incremental increase to the number of calls for police service s.

The proposed project would accommodate guests for a limited stay and would not increase the permanent population. The project site is in an existing urban area and is currently serviced by the Sheriff’s Department. Therefore, the proposed project would not substantially increase the need for new or expanded police facilities and response times are not expected to be impacted. Additionally, all new construction in the City will be required to pay Development Impact Fees to assist in offsetting impacts to police services. These development fees on new development allow the City to continue to finance public facilities which goes towards the funding of various public services to include police. The project will be required to annex into the City’s Community Facilities District No.1, which is a special tax used to pay for public services. Payment of these fees helps offset impacts by providing sufficient revenue for necessary improvements to ensure acceptable response times, equipment and personnel are maintained.

Development of the proposed project will result in less than significant impacts to police services. Impacts to police services are less than significant.

Schools
Less than Significant Impact. As previously stated, the project site is within the boundary of the Palm Springs Unified School District (PSUSD). The project proposes the development of a mixed-use community, consisting of hospitality, residential, commercial/retail, and open space uses. The project will result in up to 400 dwelling units (including multi-family and senior apartments). The project has the potential to 8-184

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generate 122 new students based on the District’s Student Generation Rate (See Table XVI-1).

Table XVI-1
PSUSD District Wide Student Generation Rate
School Type Multi-Family
Dwelling Units* Generation Rate** Students
Generated***
Elementary School 400 0.1369 55
Middle School 400 0.0695 28
High School 400 0.0980 39

Total New Students 122
*400 multi-family dwelling units proposed for the project, however, some units may include senior apartments. The exact number of units have not been determined at the time this environmental document is being written. To generate a conservative value, it is assumed that all 400 units will be multi-family residential units. **Source: 2022 PSUSD Fee Justification Study for New Residential and Commercial/Industrial Development, March 2022
***Numbers were rounded.

Per the PSUSD 2022 Fee Justification Report, the District has an excess capacity at the elementary school level by 2,786. Middle schools in the district are over capacity by 12 students and high schools has an excess capacity of 1,706 students. An additional 70 students would not necessitate the construction of new school facilities. Education funding comes from a combination of federal, state, and local sources. Assembly Bill 2926 and Senate Bill 50 (SB 50) allow school districts to collect “development fees” for all new construction for residential/commercial and industrial use. At the time of writing, is $4.79/sq.ft. to residential and $0.78/ sq.ft for commercial. Monies collected are used for construction and reconstruction of school facilities. Moreover, school age children may also attend several private schools located in the Coachella Valley. The project will comply with PSUSD development fees and less than significant impacts to local schools are expected.

Parks
Less than Significant Impact. The City of Rancho Mirage provides both public and private parks, open space and multi-city recreational facilities with various amenities. As discussed below in the Recreation Section of this document, it is likely that the future project residents would use the existing recreational and park facilities throughout the City. Therefore, the project will comply with the City’s parkland in lieu fee (Quimby) and other development impact fees in order to allow for the City’s maintenance of the public facilities. With the payment of these fees, the project would result in less than significant impacts to existing recreational facilities.

Other Public Facilities
No Impact. No increase in demand for government services or other public facilities is expected beyond those discussed in this section.

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Mitigation Measures:

None

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16. RECREATION –

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Would the project increase the
use of existing neighborhood and
regional parks or other recreational
facilities such that substantial
physical deterioration of the facility
would occur or be accelerated?

b) Does the project include
recreational facilities or require the
construction or expansion of
recreational facilities, which might
have an adverse physical effect on
the environment?

Source: 2017 Rancho Mirage General Plan Update.

Setting

The City oversees five parks that are a mix of mini and local parks. The 2017 Rancho Mirage General Plan Update Addendum to the Final EIR, indicates that the existing and planned parks are sufficient to meet the forecast demand in the City’s 2017 General Plan Upda te.

Mini parks are generally less than one acre in size and are intended to complement adjacent uses, while local parks are intended to provide for the active and passive recreation needs of nearby residents in the vicinity of the park. The City of Rancho Mirage also provides a variety of hiking trails and equestrian trails within the City.

Discussion of Impacts:

a-b) Less than Significant Impact. The project proposes a mixed-use community consisting of up to 400 residential dwelling units, up to 150,000 square feet of commercial or an approved combination of the two on approximately 35 acres at the northwest corner of Monterey Avenue and Dick Kelly Drive/Ginger Rogers Road. The project proposes the development of social gardens and parks to be incorporated into the design of the hotel, retail, office, and residential areas. The project will also allow a small community area for the proposed residential community. The proposed parks and community areas will provide the future residents and visitors with recreational areas. Although the project proposes recreational amenities for the guests, some visitors of the project may attend events and participate in activities at local parks in the City; however, such visits are expected to be minimal.

As required by new development in the City, the project will comply with the City’s parkland in lieu fee (Quimby) and other development impact fees. The future guests 8-187

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generated by project implementation may lead to an incremental increase in physical deterioration of City public recreational facilities. However, this increase is reduced since the project proposes various recreational amenities for guests. The operation of the proposed project will not substantially increase the use of existing parks as to accelerate their physical deterioration since the project will provide various recreational areas. Additionally, the project will be required to comply with the City’s development impact fees. Impacts will be less than significant.

Mitigation Measures:

None

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17. TRANSPORTATION – Would the
project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Conflict with a program plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?

b) Would the project conflict or be
inconsistent with CEQA guidelines
section 15064.3, subdivision (b)?

c) Substantially increase hazards due
to a geometric design feature (e.g.,
sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?

d) Result in inadequate emergency
access?
Sources: Rancho Monterey Specific Plan Draft Transportation Impact Assessment (TIA,) Fehr & Peers, October 2022

Setting

According to the City of Rancho Mirage General Plan, the City’s character is described as a premier residential resort community. The Circulation Element of the City General Plan aims to preserve the City’s character whole providing the safest and most efficient roadway system possible, by documenting the road system’s current status, identifying problems, and proposing solutions.

The approximately 35-acre project is located at the northwest corner of Monterey Avenue and the undeveloped alignment Ginger Rogers Road in the City of Rancho Mirage. To analyze the project’s impact to transportation within Rancho Mirage, Fehr and Peers provided a project-specific Traffic Analysis with Vehicle Miles Traveled (VMT) Evaluation. Fehr and Peer’s report and analysis of project traffic are evaluated in the discussions below.

Discussion of Impacts:

a) Less than Significant Impact. The project site is located within the Monterey Specific Plan (MSP) which was adopted in the early 1990s. The MSP proposes commercial and residential uses on approximately 320 acres. Lands north of the project and within the MSP includes developed commercial uses including large commercial buildings such as the Home Depot. The project’s eastern boundary is delineated by Monterey Avenue, and the area east of Monterey Avenue includes commercial uses. The land east of the project is located within the City of Palm Desert’s jurisdiction. South of the project includes 8-189

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vacant and undeveloped lands. The future extension of Dick Kelly Drive/Ginger Rogers Road alignment is located partially along the project’s southern boundary. However, this roadway is not developed. Property west of the project is characterized by vacant and undeveloped lands.

The SPA project area will consist of two Planning Areas, each corresponding with a basic land use component. In addition, a Mixed-Use/Commercial Flex Zone over the two Planning Areas will allow for developer flexibility for future development of the site. The two Planning Areas are as follows:

Planning Area I (PA-I) – Community Commercial: PA-I occupies the eastern portion of the project site and consists of approximately 14 acres of land and will community commercial uses. Representative uses within this PA include restaurants (including drive- thru), hotels, and commercial retail.

Planning Area II (PA-II) – Mixed-Use: PA-II occupies the western portion of the project area and consists of approximately 18.5 acres of land and will allow for a variety of uses, which may include commercial space and residential units. Representative uses within this PA include commercial, office, and residential.

Mixed-Use/Commercial Flex Zone Overlay: The Mixed-Use/Commercial Flex Zone Overlay is proposed to occur on approximately 9.5 acres in the center of the project area. This area will overlay Planning Areas I and II and does not propose to add additional acreage to the project area. The purpose of the mixed-use/commercial flex zone is to allow for a dynamic mix of residential and commercial uses while allowing creative flexibility to future developers and the ability to adapt to changing market conditions. Use mixes and density in the flex zone may change as appropriate to respond to market conditions and developer needs.

Vehicular access to the site is proposed to occur from Monterey Avenue to the east, Dick Kelly Drive/Ginger Rogers Road to the south, and Via Vail to the west. Currently, Monterey Avenue has been constructed to ultimate right-of-way width, while Dick Kelly Drive/Ginger Rogers Road and Via Vail (south and west of the project, respectively) are not developed. The project would have multiple access points through proposed driveways on Monterey Avenue, Dick Kelly Drive/Ginger Rogers Road (future) and Via Vail (future). It is anticipated that Monterey Avenue would have three right in/right out driveways, Dick Kelly Drive (future) would have two right in/left out driveways, and Vial Vail would have one proposed full access driveway from the northwest corner of the project site. One major signalized access intersection is proposed on Monterey Avenue that would line up with the driveway access to the adjacent shopping center across from the Project. All other driveways along Monterey Avenue are assumed to be right in/right out only. Other driveways on Dick Kelly and Via Vail are assumed to be full access driveways.

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The project is proposing to remove the unnamed road that extends east from Via Vail to connect to Monterey Avenue. This roadway removal is analyzed in the TIA through the following alternatives:

• Alternative 1 refers to a circulation design that extends unnamed road from Via Vail east to connect with Monterey Avenue (per existing Section 30 Master Circulation Plan.)
• Alternative 2 refers to a circulation design that removes unnamed road south of Home Depot.

Entries would include landscaping, entry signage and pedestrian walkway connections.

The vehicular circulation system will consist of interior drive aisles that provide access to parking, loading, and service areas to serve future developments. The alignment of the internal circulation system will be determined as future implementing projects are proposed. Pedestrian links, such as interior pathways, greenways, and crosswalks are encouraged to connect future onsite uses.

The project does not currently include a site plan. It proposes the development of a mixed-use property with two primary planning areas. A maximum of 400 dwelling units, up to 150,000 square feet of commercial/retail space (or an approved mixture of the two), open space, parks and retention areas are utilized as the maximum buildout potential for analysis purposed.

TIA Methodology
The Rancho Monterey Specific Plan Draft Transportation Impact Assessment (TIA) was prepared for the proposed project by Fehr and Peers, October 2022. The technique used to assess the performance of an intersection is known as the intersection delay method based on the procedures contained in the Highway Capacity Manual (HCM) (Transportation Research Board, 6th Edition.)

Existing peak hour intersection turning movement volumes are based upon AM peak period and PM peak period intersection turning movement counts obtained in October 2021 during typical weekday conditions. The AM peak period was counted between 7:00 AM and 9:00 AM, and the PM peak period was counted between 4:00 PM and 6:00 PM.

Traffic counts were collected at the following intersections:

1. Monterey Avenue & Varner Avenue

2. Monterey Avenue & I-10 Eastbound Ramps

3. Key Largo Avenue & Dinah Shore Drive

4. Monterey Avenue & Dinah Shore Drive

5. (Monterey Avenue and Proposed Roadway Connection: Project Alternative 1.

Intersection does not exist)

6. Monterey Avenue & Proposed Project Access Driveway

7. Monterey Avenue & Dick Kelly Drive/Ginger Rogers Road 8-191

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8. Monterey Avenue and Gerald Ford Drive

9. Monterey Avenue & Frank Sinatra Drive

10. Monterey Avenue and Country Club Drive.

The proposed intersection #5 of Monterey Avenue & Proposed Roadway Connection (Project Alternative 1 only) does not currently exist and counts were not collected at that location. Counts were collected during fair weather, while school was in session, and during a typical (non-holiday) Tuesday. Traffic counts are known to be highest in the months of January and April due to the seasonal nature of the Coachella Valley. Fehr and Peers initially collected counts in October 2021 and validated those counts against counts recollected at the following four locations collected in February 2022:

3. Key Largo Avenue & Dinah Shore Drive

4. Monterey Avenue & Dinah Shore Drive

7. Monterey Avenue & Dick Kelly Drive/Ginger Rogers Road

8. Monterey Avenue & Gerald Ford Drive

Review of the February 2022 traffic counts indicated that these counts were between 3- 6% higher than the October 2021 counts. To provide a conservative estimate, the October 2021 counts were increased by 6% to represent the Existing (2022) Conditions.

The following additional information was collected in the field visit to the study area:

• Lane configurations
• Signal phasing
• Land uses in the study area
• On-street parking conditions
• Transit service

Additionally, the following information was requested from the City of Rancho Mirage, City of Palm Desert, Riverside County and Caltrans:

• Traffic signal timing information at all signalized intersections • Pending and approved development projects within a two-mile radius

The potential impacts to traffic and circulation were evaluated for each of the following conditions:

• Existing (2022) Conditions
• Opening Year (2023)
o No Project Conditions
o Plus project Alternative 1 Conditions (with a proposed roadway connection from Via Vail east to Monterey Avenue completed)
o Plus Project Alternative 2 Conditions (with no proposed roadway connection between Via Vail and Monterey.)
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• Future Year (2040)
o No Project Conditions
o Plus project Alternative 1 Conditions (with a proposed roadway connection from Via Vail east to Monterey Avenue completed)
o Plus project Alternative 2 Conditions (with no proposed roadway connection between Via Vail and Monterey.)

The following factors were applied in the intersection analysis:
• Peak Hour Factor (PHF) were based on traffic counts collected in the field for all Existing and Opening Year Conditions Analysis
• PHF for all future analysis were set to 0.95 unless the existing PHF was higher • Heavy vehicle percentage were set to 2% for all analysis scenarios.

Level of Service Standard (LOS)

With the implementation of SB 743, intersection Level of Service (LOS) is not calculated to determine transportation impacts, however it provides information regarding intersection capacity and General Plan consistency for the City.

The transportation assessment of LOS was conducted for consistency with the City of Rancho Mirage General Plan and to evaluate the proposed project’s effect on the surrounding transportation network.

Average Daily Trips (ADT) refers to the total number of vehicles that travel a defined segment of roadway over a twenty-four-hour period. The standard most often used to evaluate the operating conditions of the transportation system is called level of service (LOS). LOS is a qualitative assessment of the quantitative effect of factors such as: speed and travel time, traffic volume, geometric features, traffic interruptions, delays, and freedom to maneuver, driver comfort and convenience, and vehicle operating costs. LOS allows operating conditions to be categorized as LOS “A” through LOS “F”, where LOS “A” represents the most favorable free flow condition and LOS “F” the least favorable forced flow driving condition. The LOS categories are based on relative levels of driver acceptability of various delays. A given lane or roadway may provide a wide range of service levels, depending upon traffic volumes and speeds.

The City of Rancho Mirage has defined Level of Service "D" as the minimum adequate intersection service level during peak hours for planning and design purposes. The methodology considers the traffic volume and distribution of movements, traffic composition, geometric characteristics, and signalization details to calculate the average control delay attributed to the intersection traffic control (such as a traffic signal or stop sign) and includes deceleration, queue move-up time, stopped delay, and final acceleration delay. For consistency with local requirements, the TIA defines LOS D as the minimum acceptable LOS for State Highway facilities, with the exception of locally designated “Congestion Management Roadways (CMP) such as Highway 111, which per the Riverside County Transportation Commission (RCTC) adopted minimum LOS threshold may operate up to LOS E. Although Highway 111 is on the CMP, the standard 8-193

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for all streets in Rancho Mirage, including Highway 111, is LOS D. The intersection control delay is then correlated to LOS based on the thresholds shown in Table XVII-1:

Table XVII-1
Level of Service Thresholds
Level of Service Intersection Control Delay (Seconds / Vehicle) Signalized Intersection Unsignalized Intersection
A ≤ 10.0 ≤ 10.0
B > 10.0 to ≤ 20.0 > 10.0 to ≤ 15.0
C > 20.0 to ≤ 35.0 > 15.0 to ≤ 25.0
D > 35.0 to ≤ 55.0 > 25.0 to ≤ 35.0
E > 55.0 to ≤ 80.0 > 35.0 to ≤ 50.0
F > 80.0 > 50.0
Source: Transportation Research Board, Highway Capacity Manual (6th Edition.)

Traffic Signal Warrant Analysis
This analysis estimates future development-generated traffic compared against a sub-set of the standard traffic signal warrants recommended in the Federal Highway Administration Manual on Uniform Traffic Control Devices and associated State guidelines. This analysis should not serve as the only basis for deciding whether and when to install a signal.

Existing Roadway System
The project site is located north of the Monterey Avenue and Dick Kelly Drive/Ginger Rogers Road intersection. Regional access to the site vicinity is provided by the Interstate 10 Highway. Local access is provided by a multitude of roadways including Monterey Avenue, Dinah Shore Drive, Gerald Ford Drive, and Bob Hope Drive.

Interstate 10 is a six to 8 (6-8) lane Interstate Highway generally trending in an east- west direction and provides regional access in the project vicinity. It is located approximately 1.5 miles north of the project. Its posted speed limit is 70 mph and the highway is under the jurisdiction of the State of California.

Dinah Shore Drive a four to 6 (4 - 6) lane divided Minor Arterial trending in an east-west direction in the project vicinity. It is located approximately 0.5 miles north of the project.

Its posted speed limit is 50 mph and is under the City of Rancho Mirage jurisdiction.

Monterey Avenue a four to six (4 - 6) lane divided Major Arterial trending in a north-west direction adjacent to the project’s eastern boundary (the roadway’s western half) within the City of Rancho Mirage. It is designated as a Vehicular Oriented Arterial on the east half of the roadway, which is found in the Jurisdiction of Palm Desert. Its posted speed limit is 50 to 55 mph.

Key Largo Avenue is a two (2) lane Minor Collector trending in a north-south direction in the project vicinity. It is located approximately 0.5 miles west of the project. On-street 8-194

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parking is generally permitted; no bicycle lanes are currently provided. It is under the jurisdiction of Rancho Mirage.

Via Vail (future) is a two (2) lane Minor Collector trending in an east-west direction in the project vicinity. It currently terminates approximately 0.25 miles from the proposed project and is anticipated to be extended to the northwest corner of the project. On - street parking is generally permitted; a portion of the existing roadway includes a multi- purpose trail. It is under the jurisdiction of the City of Rancho Mirage.

Dick Kelly Drive/Ginger Rogers Road (future) is currently a four (4) lane divided Secondary Street (east of Monterey Avenue in the City of Palm Desert) trending in an east-west direction in the project vicinity. The portion of the proposed Ginger Rogers Road, west of Monterey, is proposed to be a 2-lane undivided Local Road with bike lanes. It is proposed to be extended to form a portion of the southern boundary of the project. Its posted speed limit is 45 mph in Palm Desert. It will be under the City of Rancho Mirage jurisdiction west of Monterey Avenue and called Ginger Rogers Road.

Project Generation
Trip Generation Rages
The project specific TIA indicates that the proposed residential units are anticipated to have a different trip distribution pattern than the proposed commercial uses. Generally, residential traffic is expected to exit on Monterey Avenue with approximately 65% of traffic heading north and 35% of traffic heading south. Commercial traffic is expected to exit on Monterey with approximately 50% of traffic heading north and 50% of traffic heading south.

The following TableVII-2 illustrates the existing (2022) conditions for the ten Study Intersections. All intersections currently operate within acceptable LOS (D or better). All study intersections currently operate at acceptable Levels of Service.

Table XVII-2
Existing (Winter 2022) Intersection Levels of Service
ID Intersection Control Peak
Hour
LOS / Average
Delay
1 Monterey Ave & Varner Road Signalized AM D / 46
PM D / 38
2 Monterey Ave & I-10 Eastbound Ramps Signalized AM D / 39 PM C / 30
3 Key Largo Ave & Dinah Shore Dr Signalized AM A /8
PM A / 7
4 Monterey Ave & Dinah Shore Dr Signalized AM D / 42
PM D / 45
5 Monterey Avenue & Proposed Roadway
Connection (Project Alt 1 Only) TWSC AM -
PM -
6 Monterey Ave & Proposed Project
Access Driveway TWSC AM B / 12 (SBL)
PM D / 31 (SBL)
7 Monterey Ave & Dick Kelly Dr Signalized AM A / 7
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PM B / 10
8 Monterey Ave & Gerald Ford Dr Signalized AM C / 31
PM C / 27
9 Monterey Ave & Frank Sinatra Dr Signalized AM C / 26
PM C / 28
10 Monterey Ave & Country Club Dr Signalized AM D / 38
PM D / 35
Notes:
(1) TWSC = Two-Way Stop Controlled.
(2) Bolded results are below acceptable LOS.

Source: Fehr & Peers, 2022

The Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition, trip generation rates were utilized to determine trip generation for the proposed project.

Based on the proposed project description ITE land use Code 820 (Shopping Center) was selected to represent the retail use and ITE land use Code 220 (Multi-Family Housing) (Low-Rise containing one or two floors) was chosen to represent the housing units.

Pass-by Rates
Rates published in the ITE Trip Generation Handbook, 3rd Edition were referenced to estimate appropriate pass-by reductions for the Project land uses. Pass-by trips are assumed to be trips already traveling on Monterey Avenue that stop at a near- by/convenient commercial development and are not considered new trips on the road.

Published ITE pass-by rates were referenced for commercial land uses. ITE does not provide pass-by trips for a Shopping Center at the daily level, so a 10% reduction was assumed for daily pass-by rate for this study.

Internal Trip Capture
The project alternatives would generate new vehicle trips in the study area. However, given the mixed-use nature of the site, they would not generate traffic in a similar manner as to what is typically evaluated for most traffic studies. As such, the analysis evaluates the combined effects of the project’s mixed uses, regional location, demographics, and development scale that contribute to a reduction in off-site average weekday vehicle “trips.”

The United States Environmental Protection Agency (EPA) commissioned a study to develop a more substantial, statistically superior methodology. This methodology, identified as MXD (or mixed-use development trip generation), begins with ITE rates and develops trip internalization estimates based on a series of factors tied to numerous site attributes. Table XVII-3 provides the vehicle trip generation reduction rates for the two project alternatives developed in MXD.

The analysis calculates that, upon buildout, the project will generate a maximum of approximately 7,696 daily vehicle trips or average daily trips (ADT), with 305 ADT expected to be generated in the morning peak hour and 534 ADT in the evening peak hour.
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Table XVII-3 Project Trip Generation
Trip Generation Rates
Proposed Use
ITE
Land
Use
Quantity
Rooms Units
AM Peak PM Peak Daily
Trip Rate Trip
Rate
In/Out
%
Trip
Rate
In/Out
%
Multifamily (Medium-Rise) 220 400 DU 0.46 23/77 0.56 63/37 7.32 Shopping Center 820 150 KSF 0.94 62/38 3.81 48/52 37.75

Notes

1. KSF = 1000 square feet, DUs = Dwelling Units
Sources
Trip Generation Manual 10th,Edition (Institute of Transportation Engineers, 2017) Trip Generation Handbook 3rd Edition (Institute of Transportation Engineers, 2017).

MainStreet+, MXD+ (Fehr & Peers, 2022).

The Table XVII-4 below illustrates that at the Opening Year (2023) Intersection Level of Service. Existing Plus Project Conditions, all intersections are expected to operate at LOS D or better for both the Alternative 1 and Alternative 2 Scenario. The no project condition also operates under acceptable LOS. This indicates that the removal of the extension of unnamed road immediately south of the Home Depot would not result in significant impacts relative to LOS. Less than significant impacts are anticipated.

Trips Generated
Land Use Quantity
Rooms
AM Peak Hour PM Peak Hour Daily
Total In Out Total In Out Total
Hotel 400 42 142 184 141 83 224 2,928
Shopping Center 150 87 54 141 275 297 572 5,663
Alternative A Gross Trips 129 196 325 320 276 596 8,025 Pass-By Reduction Shopping Center (34%) 0 0 0 (96) (104) (200) (566) Internal Capture Reduction (10% Daily,
12% AM, 15.2% PM)
(8) (12) (20) (33) (29) (62) (329)
Net External Trips 121 184 305 286 247 534 7,696
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Table XVII-4
Opening Year (2023) Intersection Levels of Service
ID Intersection Control Peak
Hour
LOS/Average Delay
Opening
Year
(2023)
No
Project
Opening
Year
(2023)
Plus
Project
Alternative
1 Opening
Year
(2023)
Plus
Project
Alternative
2 1 Monterey Ave & Varner Road Signalized AM D / 43 D / 44 D / 44 PM D / 39 D / 40 D / 40
2 Monterey Ave & I-10 Eastbound
Ramps
Signalized AM D / 40 D / 42 D / 42
PM C / 31 C / 34 C / 34
3 Key Largo Ave & Dinah Shore Dr Signalized AM A / 9 A / 9 A /9 PM A / 8 A / 8 A / 9
4 Monterey Ave & Dinah Shore Dr Signalized AM D / 43 D / 44 D / 44 PM D / 46 D / 46 D / 46
5 Monterey Avenue & Proposed
Roadway
Connection (Project Alt 1 Only)
TWSC AM - C / 19 -
PM - C / 17 -
6 Monterey Ave & Proposed Project
Access Driveway
TWSC/
Signalized
AM B / 13 A / 4 A / 4
PM D / 35 A / 7 A / 7
7 Monterey Ave & Dick Kelly Dr Signalized AM A / 9 B / 10 A / 10 PM B / 11 B / 14 B / 14
8 Monterey Ave & Gerald Ford Dr Signalized AM C / 33 C / 33 C / 33 PM C / 29 C / 29 C / 29
9 Monterey Ave & Frank Sinatra Dr Signalized AM C / 27 C / 28 C / 28 PM C / 30 C / 30 C / 30
10 Monterey Ave & Country Club Dr Signalized AM D / 39 D / 39 D / 39 PM D / 36 D / 36 D / 36
Notes:

1. TWSC = Two-Way Stop Controlled.

2. Bolded results are below acceptable LOS.

Source: Fehr & Peers, 2022

2023 Traffic Signal Warrant Analysis
Peak hour traffic signal warrants for the Opening Year (2023) Plus Project Alternative 1 Conditions and Opening Year (2023) Plus Project Alternative 2 Conditions showed the intersection of Monterey Avenue and the Proposed Project Access Driveway meets a signal warrant analysis under the two project conditions. This is found in both PM Peak Hours for both alternatives. The decision to install a signal should not be based solely upon the warrants, since the installation of signals can lead to certain types of collisions.

The City of Rancho Mirage should undertake regular monitoring of actual traffic conditions and accident data, and timely re-evaluation of the full set of warrants in order to prioritize and program intersections for signalization. A traffic si gnal is proposed at the Primary access point of the project (#6).

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The Table XVII-5 below illustrates that at the Future Year (2040) Intersection Level of Service. Existing Plus Project Conditions, all intersections are expected to operate at LOS D or better for both the Alternative 1 and Alternative 2 Scenario. The no project condition results in an unacceptable LOS F at intersection #6 Monterey Avenue and Proposed Project Access Driveway currently proposed in the existing Specific Plan which does not propose a Traffic Signal. The table also indicates that the removal of the extension of the unnamed road immediately south of the Home Depot would not result in significant impacts relative to LOS. The proposed Traffic signal would ensure that both Alternative 1 and Alternative 2 would result in acceptable levels of LOS and less than significant impacts are anticipated.

Table XVII-5
Future Year (2040) Intersection Levels of Service
ID Intersection Control Peak
Hour
LOS/Average Delay
Opening
Year
(2023)
No
Project
Opening
Year
(2023) Plus
Project
Alternative
1 Opening
Year
(2023)
Plus
Project
Alternative
2 1 Monterey Ave & Varner
Road
Signalized AM D / 46 D / 46 D / 46
PM D / 42 D / 43 D / 42
2 Monterey Ave & I-10
Eastbound Ramps
Signalized AM D / 39 D / 41 D / 41
PM C / 21 C / 22 C / 23
3 Key Largo Ave & Dinah
Shore Dr
Signalized AM B / 12 B / 12 B / 12
PM B / 10 B / 11 B / 12
4 Monterey Ave & Dinah
Shore Dr
Signalized AM D / 45 D / 47 D / 47
PM D / 52 D / 54 D / 54
5 Monterey Ave & Proposed
Roadway Connection
(Project Alt 1 Only)
TWSC AM - A / 10 -
PM - C / 21 -
6 Monterey Ave & Proposed
Project
Access Driveway
TWSC/
Signalized
AM C / 16 A / 7 A / 7
PM F / 62 B / 13 B / 14
7 Monterey Ave & Dick Kelly
Dr
Signalized AM B / 11 B / 12 B / 12
PM B / 15 B / 17 B / 17
8 Monterey Ave & Gerald
Ford Dr
Signalized AM D / 39 D / 39 D / 39
PM D / 35 D / 36 D / 36
9 Monterey Ave & Frank
Sinatra Dr
Signalized AM C / 33 C / 33 C / 33
PM C / 35 C / 35 D / 35
10 Monterey Ave & Country
Club Dr
Signalized AM D / 41 D / 41 D / 41
PM D / 38 D / 38 D / 38
Notes:

3. TWSC = Two-Way Stop Controlled.

4. Bolded results are below acceptable LOS.

Source: Fehr & Peers, 2022

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2040 Traffic Signal Warrant Analysis
Peak hour traffic signal warrants for the Future Year (2040) Plus Project Alternative 1 Conditions and Future Year (2040) Plus Project Alternative 2 Conditions showed the intersection #6 Monterey Avenue and the Proposed Project Access Driveway meets a signal warrant analysis under the two project conditions. This is found in both PM Peak Hours for both alternatives. The project proposes to install a Traffic Signal at the main project entrance.

The proposed project is not expected to have a significant adverse impact on the area transportation network over those analyzed in the City of Rancho Mirage General Plan EIR. Overall, the proposed project follows what is currently allowed per existing zoning.

Less than significant impacts are anticipated related to compliance with the City’s General Plan and associated LOS requirements.

Alternative Transportation

SunLine Transit Agency provides bus services to the City of Rancho Mirage. One bus stop is located near the project, on Dinah Shore Drive approximately 900 feet east of Monterey Avenue. The bus stop is approximately 0.33-mile walking distance to the north and provides access to Route 4.

SunLine Transit Agency buses are wheelchair accessible and include bicycle racks accommodating two or three bicycles. The potential use of local bus services by future Project residents, customers or employees is not expected to conflict with or substantially increase the demand for this transit service. Project implementation is not anticipated to interfere with the existing service or performance at bus stop facilities. Less than significant impacts are anticipated.

If future demand warrants, expansion of available services may be appropriate. Transit services are monitored by both the City and SunLine. Additional services are periodically considered in response to anticipated increase in use.

The proposed Project would improve pedestrian mobility by incorporating marked crosswalks across parking lots, sidewalks along surrounding streets, as well as walkways through the project area where currently none exist. There is currently an existing Class II Bicycle Lane and a proposed sidewalk on the project side of Monterey Avenue.

Congestion Management Plan

The Transportation Uniform Mitigation Fee (TUMF) Ordinance became effective July 1, 1989. The TUMF program is a component of the twenty-year Measure Α sales tax program managed by the Coachella Valley Association of Governments (CVAG) and 8-200

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approved by voters in November 1988. In 2002, a thirty-year extension was approved by Riverside County voters and resulted in an expiration date of 2039.

Under the TUMF, developers of residential, industrial and commercial property pay a development fee to fund transportation Projects that will be required as a result of the growth the Projects create. TUMF will be required as a Condition of Approval.

The CMP requires a LOS E or better for regional roadways. As noted above and in the Traffic Impact Analysis prepared for this project, the generation, distribution and management of project traffic is not expected to conflict with the CMP. The project and background traffic will not exceed City level of service standards or travel demand measures, or other standards established by the City or Riverside County Transportation Commission (RCTC) for designated roads or highways.

The Transportation Uniform Mitigation Fees (TUMF) program identifies network backbone and local roadways that are needed to accommodate growth. The regional program was put into place to ensure that developments pay their fair share and that funding is in place for the construction of facilities needed to maintain an acceptable level of service for the transportation system. The TUMF is a regional mitigation fee program and is imposed and implemented in every jurisdiction in Western Riverside County.

According to the Coachella Valley Association of Governments Transportation Uniform Mitigation Fee (TUMF) Handbook, effective July 1, 2012, the following are provisions from the TUMF Ordinance and provided as background information:

• The provisions of this Ordinance shall apply only to new development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in a change of use and generates additional vehicular trips.

• No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlement. The mitigation fee shall be paid to the applicable jurisdiction.

• No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee.

Mitigation fees shall be imposed and collected by the applicable jurisdiction and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund.

Following the payment of required fees such as TUMF and DIF, less than significand impacts are anticipated relative to the CMP.

Following implementation of Standard Conditions, the Project is not anticipated to conflict with an applicable plan, ordinance or Policy establishing measures of 8-201

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effectiveness for the performance of the circulation system. Less than significant impacts are expected.

The proposed project is not expected to have a significant adverse impact on the area transportation network. Abbreviated versions of Standard Conditions and Site Design Recommendations are listed subsequently.

Standard Conditions

1. Clear unobstructed sight distances shall be provided at the site access and internal intersections. Sight distances shall be reviewed at the time of preparation of final grading, landscape and street improvement plans.

2. The project shall accommodate the largest service and delivery vehicles (panel truck approximately 40 feet long) expected to negotiate the site access and internal circulation system. Landscaping, monuments, and other objects shall be avoided in the off-tracking area at the site access connections.

3. Off-street parking shall be provided to meet the anticipated parking demand as required by the parking standards in Section 17.26 of the Rancho Mirage Municipal Code and the Uniform Federal Accessibility Standards.

4. All off-street parking areas shall be adequately illuminated without glare or excessive light beyond the property.

5. The project proponent shall provide accessible routes of travel in accordance with current ADA guidelines and standards.

6. Project layout and site access design shall be subject to the review and approval of the City Traffic Engineer prior to project entitlement.

7. Emergency police, fire and paramedic vehicle access shall be provided for all new development to the satisfaction of the City of Rancho Mirage.

8. A traffic signing and striping plan shall be developed in conjunction with detailed construction plans for the project site and submitted to the City of Rancho Mirage for review and approval.

9. The applicant shall coordinate with the SunLine Transit Agency regarding the need for public transit facilities.

10. The project proponent shall contribute development impact fees, as required by the City of Rancho Mirage.

11. The project proponent shall contribute traffic impact mitigation fees, by participating in the Traffic Uniform Mitigation Fee (TUMF) program.

Following implementation of Standard Conditions and Project Design Features, the project is expected to result in less than significant impacts.

b) Less than Significant Impact.

Vehicle Miles Traveled (VMT)
The current recommended metric in the CEQA guidelines for transportation impacts is VMT per capita per SB 743. The legislative intent of SB 743 is to balance the needs of congestion management with statewide goals for infill development, promotion of public health through active transportation and reduction of greenhouse gas emissions. 8-202

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VMT is a measure of the amount of travel for all vehicles in a geographic region over a given period of time, typically a one-year period. The analysis of VMT (SB743) attributable to a project in CEQA went into full effect statewide on July 1, 2020.

According to the Governor’s office of Planning and Research (OPR) proposed CEQA Guideline Implementing SB 743, projects that decrease VMT in a project area compared to existing conditions should be considered to have a less than significant transportation impact. The California Air Pollution Control Officers Association (CAPCOA) publishes a resource for Local Government to assess emission reductions from Greenhouse Gas Mitigation Measures. The CAPCOA report recognizes that land use planning provides the best opportunity to influence GHG emissions through a reduction in overall VMT. VMT is discussed in section b) of this Transportation Section.

Rancho Mirage’s Transportation Analysis Policy (Policy) was adopted in June 2020 (updated in 2021). This Policy aligns the City’s transportation analysis with California Senate Bill 743 (SB 743) and the City’s goals as set forth in the Rancho Mirage General Plan updated in 2017. This policy establishes the thresholds for transportation impacts under CEQA by introducing Vehicle Miles Traveled (VMT.) As required by SB 743, VMT will replace the former metric used to analyze traffic impacts which was LOS. According to Table 1 of the Policy, retail project types (including hotel) would result in a significant impact if the project caused a net increase in the total existing VMT for the region.

The Rancho Monterey Specific Plan Draft Transportation Impact Assessment includes a Project specific VMT Analysis prepared by Fehr & Peers, October 2022. The assessment was prepared in accordance with the Transportation Analysis Policy for the City of Rancho Mirage as adopted by City resolution on June 18, 2020 (updated 2021) [“Transportation Analysis Policy”]. The City’s Transportation Analysis Policy establishes VMT as the metric to measure transportation environmental impacts in conformance with the California Environmental Quality Act (CEQA).

VMT Screening Assessment

The City’s Transportation Analysis Policy provides a process for projects to be screened from VMT assessment under the assumption that the project will result in a less -than- significant transportation impact related to VMT. Per the city VMT policy, mixed-use projects are analyzed separately. Project Type Screening is applicable for the SP Amendment for retail projects. Map Based Screening is applicable for the SP Amendment for residential projects. Both methodologies are described subsequently.

As specified in the City’s Transportation Analysis Policy, the following types of projects are applicable to the proposed project and may be presumed to result in a less than significant VMT impact:

• Local Serving Retail Screening
o The introduction of new local-serving retail has been determined to reduce VMT by shortening trips that will occur
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o Presumed to cause a less-than-significant impact:
▪ No single store on-site exceeds 50,000 SF: and
▪ Project is local serving as determined by the Engineering Department • Map Based Screening for Residential Projects
o This method eliminates the need for complex analyses, by allowing existing VMT data to serve as a basis for the screening of smaller developments. Note that the screening is limited to residential and office projects. o Presumed to cause a less-than-significant impact:
▪ Area of development is under threshold as shown on screening map as allowed by the Engineering Department
▪ The threshold for determination of a significant transportation impact in Rancho Mirage for residential use is VMT per resident which is 15 percent below regional VMT per resident.
▪ The region is assumed to be the Coachella Valley Association of Governments (CVAG) region.

Local-Serving Retail Screening (Project Type Screening) Certain types of projects are exempt from the need to prepare a detailed VMT and may be presumed to result in a less than significant VMT impact as they are local serving by nature, thus shortening travel distances by introducing shopping/services within the community, or they are small enough to not warrant assessment.

The SP Amendment does not currently include a finalized site plan. It is anticipated that retail uses on the site will consist of services such as markets, drug stores, convenience stores, fast food restaurants and other retail uses in buildings that are all 50,000 sf or less. All uses are anticipated to be local serving in nature that would provide better, more convenient access to goods and services with shorter trips than existing for similar uses in the area. As such, the retail component of the SP Amendment is presumed to result in a less than significant impact related to VMT.

Residential Screening (Map Based Screening)

Map-based screening utilizes existing VMT data to identify areas that are considered low- VMT generating zones. Residential projects located in low-VMT generating areas may be considered to have a less than significant impact unless substantial evidence is submitted to the contrary. Low-VMT generating zones are areas of the City that are producing residential or office VMT at a rate that is 15% lower than the City’s threshold of significance related to VMT.

Residential Modeling Methodology
RIVCOM was utilized for map-based screening of the Project. RIVCOM was released in summer of 2021 and is considered the best tool available for VMT estimation in Riverside County and Rancho Mirage. The Production-Attraction (PA) Method for calculating VMT was utilized to estimate VMT for the Project TAZ and the regional average. Productions are land use types that generate trips (residences) and attractions are land use types that 8-204

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attract trips (employment). Productions and attractions are converted from person trips to vehicle trips for the purposes of calculating VMT.

Residential VMT Assessment
The Project is within RIVCOM TAZ 1884, which is generally bound by Monterey Avenue, Gerald Ford Drive, Key Largo Avenue, and Dinah Shore Drive. TAZ 1884 includes residential and retail land uses. The project’s proposed residential uses were anticipated to produce VMT at a similar rate as the existing land use in TAZ 1884.

Table XVII-6 summarizes the estimates for the Project TAZ and the CVAG regional average. Home-based project VMT per resident is 30% less than the CVAG regional average. The residential use in the project is anticipated to generate VMT in a similar manner as the assumptions in the model and existing uses, and the difference is more than 15% below the threshold of significance. The residential portion of the project could therefore be screened from further VMT analysis as the impact can be presumed to be less-than-significant.

Table XVII-6: VMT Estimates
Region Households Residents Home-Based VMT VMT per
Resident
TAZ 1884 155 485 5,862 12.09
Regional Average
(CVAG) 167,355 460,051 7,907,313 17.19
Difference 5.10
Percent Below Threshold 30%
Source: RIVCOM, WRCOG, 2021

The retail and residential components of the project are both anticipated to be screened from VMT assessment. The retail component is screened from VMT assessment based on its local-serving nature. The residential component is screened from VMT assessment based on map-based screening as it is within a low-VMT generating area and consistent with the land uses within that area. Less than significant impacts are anticipated.

c) Less than Significant Impact. The project will be developed in accordance with City of Rancho Mirage design guidelines and will not create a substantial increase in hazards due to a design feature. The project’s access points will be located with adequate sight distances, and project-generated traffic will be consistent with existing traffic in the area.

The internal circulation system would be designated in accordance with the City of Rancho Mirage guidelines and would provide adequate fire department access and widths as required. Sharp curves are avoided by design guidelines.

A Traffic Control Plan may be required as a condition of approval to be implemented throughout all construction activities. This plan will work to reduce potential impacts that may arise due to conflicts with construction traffic. Impacts will be less than significant.

The project’s access points will be located with adequate sight distances, and project- generated traffic will be consistent with existing traffic in the area. 8-205

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The project is not anticipated to increase hazards due to geometric design feature or incompatible uses. Following implementation of the recommendations within the TIA, as well as the review and approval process at the City of Rancho Mirage, impacts are less than significant without mitigation.

d) Less than Significant Impact. The proposed project will provide adequate access to emergency response vehicles, as required by the City of Rancho Mirage and in accordance with the Fire Department review and requirements. Site plan review would include in-depth analysis of emergency access to the site to ensure proper access to facilities. As mentioned previously, the proposed site plan provides one signalized primary proposed vehicular access point and several potential secondary access points.

The design details of the vehicular driveways will be reviewed and approved by the Fire Department and the City.

The project is anticipated to provide proper premises identification with legible site name, address numbers, and clear signage indicating the site access points. Operational fire hydrants and extinguishers are also required in accordance with the Rancho Mirage Municipal Code. Off-site project improvements will involve construction, repairs or improvements necessary for surrounding project roadways discussed in this CEQA document, within the required rights-of-way and according to the City’s designated street standards.

Following implementation of standard conditions, the project is anticipated to result in less than significant impact related to emergency access.

Mitigation Measures:

None

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18. TRIBAL CULTURAL RESOURCES –
Would the project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Would the project cause a
substantial Adverse change in the
significance of a Tribal cultural
resource, defined in Public Resource
Code Section 21074 as either a site,
feature, place, cultural landscape that
is geographically defined in terms of
the size scope of the landscape,
sacred place, or object with cultural
value to a California Native American
tribe, and that is:

i) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local Register of
historical resources as defined in
Public Resource Code Section
5020.1(k), or:

ii) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resources
Code Section 5024.1, the lead
agency shall consider the significance
of the resource to a California Native
American Tribe.

Source: Public Resource Code §21074; Rancho Mirage 2017 General Plan.

Setting

The Coachella Valley is a historical center of Native American settlement, where U.S. surveyors noted large numbers of Indian villages and rancherías occupied by the Cahuilla people in the mid-19th century. The origin of the name “Cahuilla” is unclear, but it may have originated from their own word káwiya, meaning master or boss (Bean 1978). The Takic-speaking Cahuilla are generally divided by anthropologists into three groups, according to their geographic setting: the Pass Cahuilla of the San Gorgonio Pass -Palm Springs area, the Mountain Cahuilla of the San Jacinto and Santa Rosa Mountains and the Cahuilla Valley, and the Desert Cahuilla of the eastern Coachella Valley. 8-207

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The Cahuilla did not have a single name that referred to an all-inclusive tribal affiliation.

Instead, membership was in terms of lineages or clans. Each lineage or clan belonged to one of two main divisions of the people, known as moieties, which were named for the Wildcat, or Tuktum, and the Coyote, or Istam. Members of clans in one moiety had to marry into clans from the other moiety. Individual clans had villages, or central places, and territories they called their own for purposes of hunting game and gathering raw materials for food, medicine, ritual, or tool use. They interacted with other clans through trade, intermarriage, and ceremonies.

Discussion of Impacts:

a) i. No Impact. As previously discussed in the Cultural Resources Section, CRM Tech conducted a project and site-specific study on historical and archaeological resources.

The assessment included a records search, Native American scoping, historical background research and an intensive-level field survey.

Eight cultural resourced were identified within the project area during this study, none of them meets CEQA’s definition of a “historical resource.” Therefore, CRM TECH concludes that no “historical resources” exist within or adjacent to the project area.

The NAHC reported in a letter dated August 19, 2021, that the Sacred Lands File search yielded negative results for Native American cultural resources in the project area. The 2021 field survey produced a total of eight cultural resources that were encountered and recorded within the project area, including three archaeological sites and five isolates (i.e., localities with fewer than three artifacts), all of them dating to the historic period. As discussed above, none of the eight resources meets CEQA’s definition of a historical resource. No known Tribal cultural resources were found or identified within the project area. Less than significant impacts are expected.

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ii. Less than Significant Impact with Mitigation. Public Resource Code 21074 identifies “Tribal Cultural Resources” as “sites, features, places, cultural landscapes, sacred places, and objects with culture value to California Native American Tribe” and that are either included or determined to be eligible for inclusion on the national, state, or local register of historic resources or that are determined by the lead agency, in its discretion, to be significant when taking into consideration the significance of the resource to a California Native American Tribe.

California Government Code Section 65352.3 (adopted pursuant to the requirements of Senate Bill 18 [SB 18]) requires local governments to contact, refer plans to, and consult with tribal organizations prior to making a decision to adopt or amend a general or specific plan. The tribal organizations eligible to consult have traditional lands in a local government’s jurisdiction, and are identified, upon request, by the NAHC. As noted in the California Office of Planning and Research’s Tribal Consultation Guidelines (2005), “The intent of SB 18 is to provide California Native American tribes an opportunity to participate in local land use decisions at an early planning stage, for the purpose of protecting, or mitigating impacts to, cultural places.”.

Assembly Bill 52 (AB 52) requires lead agencies to notify their local tribes about development projects. It also mandates lead agencies consult with Tribes if requested and sets the principals for conducting and concluding the required consultation process. Pursuant to AB 52 and SB 18 consultation requirements, the City of Rancho Mirage initiated a SB18 and AB52 consultation process. The City contacted 21 local Tribes and representatives provided by the Native Heritage Commission (NAHC).

During the consultation period, the City received one comment letter from the Agua Caliente Band of Cahuilla Indians (ACBCI), requesting mitigation. No additional correspondence or requests for formal consultation were received and the SB 18 and AB 52 noticing period was concluded. Therefore, given the sites proximity to an urbanized area and its distance from the more culturally sensitive areas of the mountains and foothills, the proposed project will have less than significant impacts following the recommended mitigation measure found in TCR-1 below.

Mitigation Measures:

TCR-1: Prior to the commencement of ground disturbance, an approved Agua Caliente Tribal Cultural Resources Monitor shall be present on site during any ground disturbing activities.

Should buried cultural deposits be encountered, the monitor may request that destructive construction halt and the monitor shall notify a qualified archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Office and the Agua Caliente Tribal Historic Preservation Office.

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19. UTILITIES AND SERVICE
SYSTEMS – Would the project:

Potentially
Significant
Impact

Less Than
Significant
with
Mitigation
Incorporation

Less Than
Significant
Impact

No
Impact
a) Require or result in the
relocation or construction of new or
expanded water, wastewater
treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which
could cause significant
environmental effects?

b) Have sufficient water supplies
available to serve the project and
reasonable foreseeable future
development during normal, dry
and multiple dry years?

c) Result in a determination by
wastewater treatment provider
which serves or may serve the
project that it has adequate
capacity to serve the project’s
projected demand in addition to
the provider’s existing
commitments?

d) Generate solid waste in excess of
State or local standards, or in
excess of the capacity of local
infrastructure, or otherwise impair
the attainment of solid waste
reduction goals?

e) Comply with federal, state, and
local management and reduction
statutes and regulations related to
solid waste?

Sources: Rancho Mirage 2017 General Plan Update; 2020 Regional Urban Water Management Plan ; Sewer System Management Plan (SSMP), CVWD;

Setting

CVWD provides domestic and wastewater service to the project vicinity and is largest provider of potable water in the Coachella Valley. It operates more than 100 wells and serves a population of 283,000 in its service areas. CVWD’s adopted 2020 Coachella Valley 8-210

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Regional Urban Water Management Plan has been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. Additionally, CVWD treats nearly 6.3 billion gallons of wastewater a year. CVWD operates six water reclamation plants and maintains more than 1,000 miles of sewer pipeline and more than 30 lift stations that transport wastewater to the nearest treatment facility. No new water or wastewater treatment facilities are required as a result of the projects development.

The site is under the jurisdiction for power from SCE, natural gas from Southern California Gas Company, and Frontier and Charter Communications for telecommunications. The site is currently connected to utility services located on Washington Street.

Groundwater is the primary source of domestic water supply in the Coachella Valley. CVWD is the largest provider of potable water in the Coachella Valley and currently provides potable water to the City of Rancho Mirage. CVWD’s 2020 Regional Urban Water Management Plan and 2022 Indio Subbasin Water Management Plan have been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence. The 2020 UWMP serves as a planning tool that documents actions in support of long-term water resources planning and ensures adequate water supplies are available to meet the existing and future urban water demands.

CVWD has developed a Sewer System Management Plan (SSMP) pursuant to the State Water Resources Control Board Order No. 2006-0003, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. The primary goal of the SSMP is to minimize frequency and severity of Sanitary Sewer Overflows (SSOs). The SSMP will cover the management, planning, design, and operation and maintenance of the District's sanitary sewer system. The wastewater system serves approximately 265,000 customers. The system collects municipal waste from residential and commercial users, delivering the collected wastewater to one of six Wastewater Reclamation Plants. The system includes approximately 1,100 miles of sewer, 34 lift stations and approximately 17,000 manholes.

Solid waste disposal and recycling services for the City of Rancho Mirage is provided by Burrtec. Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Badlands Disposal site has 15,748.799 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 145,530,000 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards. As part of its long-range planning and management activities, the Riverside County Department of Waste Resources (RCDWR) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCDWR 8-211

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indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons in the year 2024.

Discussion of Impacts:

a) Less than Significant Impact. The project site is in an urban setting currently served by existing utilities. Domestic water and wastewater services are provided to the site by the Coachella Valley Water District (CVWD). The project would connect to the existing water and sewer mains north of the site in Monterey Market Place development and along Monterey Avenue and sewer would connect behind the Monterey Marketplace. Southern California Edison would continue to provide electric power to the site and SoCal Gas would continue natural gas services, telecommunication connections are provided by Spectrum, all connections of these utilities are located within the project’s boundary. The project will include stormwater drainage and retention facilities sized to adequately handle the runoff conditions resulting from the controlling 100-year storm event pertinent to the site. The category of stormwater retention facilities may consist of surface basins and/or underground structures, both of which have a precedent of City approval.

The proposed storm drain system includes facilities which have been preliminarily sized to provide enough storage for the 100-year controlling storm event. The extension of all onsite utilities will occur within the projects existing footprint and no new construction of public water, wastewater, electric power, natural gas, or telecommunications facilities will need to be constructed or relocated. Therefore, less than significant impacts are expected.

b) Less than Significant Impact. Groundwater is the primary source of domestic water supply in the Coachella Valley. CVWD is the largest provider of potable water in the Coachella Valley and currently provides potable water to the City of Rancho Mirage. CVWD’s domestic water system has 64 pressure zones and consists of approximately 97 groundwater production wells, 2,000 miles of pipe, and 133 million gallons of storage in 65 enclosed reservoirs. CVWD’s 2020 Urban Regional Water Management Plan has been developed to assist the agency in reliably meeting current and future water demands in a cost-effective manner. The comprehensive Water Management Plan guides efforts to eliminate overdraft, prevent groundwater level decline, protect water quality, and prevent land subsidence.

Per CVWD’s 2020 Regional Urban Water Management Plan (RUWMP), the district had a 2020 target water use demand of 473 gpcd. The District’s 2015 actual per capita daily water use of 383 gpcd is currently 19 percent below the 2020 target of 473 gpcd.

CVWD has currently achieved its 2020 water use target but continues to implement demand management measures to reduce per capita water use. Per the 2020 RUWMP, CVWD anticipates that future residential development would be expected to use less water than existing properties due to the mandated use of high efficiency plumbing fixtures under the CalGreen building standards and reduced landscape water use mandated by CVWD’s Landscape Ordinance.

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The proposed project would connect into the existing infrastructure north of the site in the Monterey Market Place development and along Monterey Ave. Water mains are proposed to be extended along Via Vail and Ginger Rogers Road to adequately serve the project in addition to an internal network of private lines to serve on-site development. The proposed mixed-use project will result in an increase to water supplies.

It is estimated that a project of this size could use 285,000 gallons per day (gpd) or 319.2 AFY. This is a conservative estimate, and the water demand would likely be less depending on the permitted used developed on the site.

CVWD’s 2020 RUWMP projected demands are shown in Table 4-8. The demand projections in Table 4-8 are for future municipal demands within CVWD’s jurisdictional boundary. Some of these areas are currently served by private domestic wells and are not yet connected to the CVWD system. CVWD plans to consolidate and provide service to these areas, but the timing will depend on the availability of grant funding. For planning purposes, all municipal demands within the jurisdictional boundary are included beginning in 2025. The estimated 302.4 AFY is below the total projected water use of 123,461 AFY projected for 2025. Additionally, new development is accounted for in CVWD’s projected water use.

Moreover, commercial water use makes up about 6 percent of water use and 1 percent of water connections. Future commercial use is expected to be lower in response to CalGreen requirements. The infrastructure and design components for the project will be consistent with CVWD requirements and water management plan. The proposed development will be expected to follow water conservation guidelines to mitigate impacts to public water supplies. Examples of these water conservation methods include water conserving plumbing fixtures, drought tolerant landscaping, and drip irrigation systems as well as on-site stormwater infiltration. Additional domestic water improvements necessary to serve this development will be identified by CVWD and included as 8-213

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conditions of approval by the City of Rancho Mirage during the City’s standard review process. Therefore, less than significant impacts relative to water supply are expected.

c) Less than Significant Impact. CVWD’s wastewater reclamation system collects and treats approximately 17 million gallons per day (MGD) from approximately 95,000 user accounts. The system consists of approximately 1,100 miles of collection piping and five wastewater reclamation plants (WRPs). Some areas within the CVWD service area remain on septic systems. Additionally, CVWD treats nearly 6.3 billion gallons of wastewater a year. The District operates six (6) water reclamation plants and maintains more than 1,000 miles of sewer pipeline and more than thirty (30) lift stations that transport wastewater to the nearest treatment facility. CVWD maintains 5 sewer lift stations within the City’s boundaries. Wastewater from the City is conveyed to CVWD’s Cook Street Water Reclamation Plant No.10 (WRP-10), which treats an average of 10 mgd and has a capacity of 18 mgd.

An existing CVWD sewer main exists north of the project site behind the Monterey Marketplace development. The proposed project would connect into the existing infrastructure and provide waste water services to the site through a series of private sewer laterals. The estimated sewer demand proposed for the project is 190,000 gpd or 0.19 mgd (million gallons per day). This increase would be treated by WRP-10 and is within the treatment capacity of this plant.

The project will undergo review by CVWD and City staff to ensure wastewater capacity and compliance with the current wastewater treatment requirements. Additionally, sewer and water installation and connection fees in place at the time of development will be collected by CVWD. No new or expanded treatment facilities are expected as a result of project implementation, or is the project expected to exceed wastewater capacity. Less than significant impacts are expected.

d) Less than Significant Impact. Solid waste disposal and recycling services for the City of Rancho Mirage is provided by Burrtec. Solid waste and recycling collected from the proposed project will be hauled to the Edom Hill Transfer Station. Waste from this transfer station is then sent to a permitted landfill or recycling facility outside of the Coachella Valley. These include Badlands Disposal Site, El Sobrante Sanitary Landfill and Lamb Canyon Disposal Site. Cal-Recycle data indicates the Bandlands Disposal site has 7,800,000 cubic yards of remaining capacity, the El Sobrante Landfill has a remaining capacity of 3,884,470 tons of solid waste, and Lamb Canyon Disposal has a remaining solid waste capacity of 19,242,950 cubic yards.

As part of its long-range planning and management activities, the Riverside County Waste Management Department (RCWMD) ensures that Riverside County has a minimum of 15 years of capacity, at any time, for future landfill disposal. The 15-year projection of disposal capacity is prepared each year by as part of the annual reporting requirements for the Countywide Integrated Waste Management Plan. The most recent 15-year projection by the RCWMD indicates that no additional capacity is needed to dispose of countywide waste through 2024, with a remaining disposal capacity of 28,561,626 tons 8-214

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in the year 2024 (County of Riverside 2015b). Less than significant impacts are anticipated.

e) Less than Significant Impact. The project will comply with all applicable solid waste statutes and guidelines. All development is required to comply with the mandatory commercial and multi-family recycling requirements of Assembly Bill 341. The project will also comply with the recycling requirements of Cal Green and develop a waste management plan that will include diverting at least 50% of construction and demolition material fill from landfills. No impacts are expected relative to applicable solid waste statues and regulations.

Mitigation Measures:

None

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20. WILDFIRE – If located in or near
state responsibility areas or lands
classified as very high fire hazard
severity zones, would the Project:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?

b) Due to slope, prevailing winds,
and other factors, exacerbate
wildfire risks, and thereby expose
project occupants to, pollutant
concentrations from a wildfire or
the uncontrolled spread of a
wildfire?

c) Require the installation or
maintenance of associated
infrastructure (such as roads, fuel
breaks, emergency water resources,
power lines or other utilities) that
may exacerbate fire risk or that may
result in temporary or ongoing
impacts to the environment?

d) Expose people or structures to
significant risks, including
downslope or downstream flooding
or landslides, as a result of runoff
post-fire slope instability, or
drainage changes?

Source: 2017 Rancho Mirage General Plan Update; Rancho Mirage General Plan EIR May, 2005; CAL FIRE High Fire Severity Zone Maps.

Setting:

A wildfire is an unplanned fire that burns in a natural area such as a forest, grassland, or prairie. Wildfires are often caused by humans or lighting and are exacerbated by steep slopes, dense vegetation (fuel), and dry and windy weather conditions. When these conditions are present, a wildfire can burn quickly and over a vast area, damaging hillsides, essential infrastructure, and homes and buildings.

The City of Rancho Mirage is primarily comprised of urban and developed uses. The western and southern boundaries of the City is defined by the Santa Rosa Mountains. The undeveloped Santa Rosa Mountains are characterized by steep topographic gradients that are typically conducive to spreading wildfires. Furthermore, the region’s hot, dry summer and autumn weather is considered ideal for generating the dry vegetation that fuel most wildfires. However, wildfires in the undeveloped local mountains adjacent to the Coachella 8-216

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Valley cities are not common due to the mountain’s natural terrain, which is steep, rocky, and dry soil. Furthermore, the Santa Rosa Mountains are made up primarily of Granitic rock and sparse desert vegetation. The topographic character of the Santa Rosa Mountains is not conducive for the growth of dense vegetation; and as a result, the amount of fuel available for wildland fires is limited. Additionally, the distance between the existing vegetation does not allow wildfires to spread easily.

A Wildland Urban Interface (WUI) is the line, area, or zone where structures and other human development meet or intermingle with undeveloped wildland or vegetation fuels. People and man-made structures in WUI areas are more susceptible to the impacts of wildfires due to their adjacency to areas that provide fuel to wildfires, such as forests with dense vegetation.

The City of Rancho Mirage is situated at the base of the Santa Rosa Mountains, introducing an urban-wildland interface to the western and southern portions of the City. The project site is located in the northern portion of the City and is not located close to the sloped areas of the City. Additionally, the flat urban areas of the City are considered low wildfire areas, as indicated in the Rancho Mirage General Plan

Discussion of Impacts:

a-d) Less than Significant Impact. The project site currently resides in a primarily urban and developed area within the City of Rancho Mirage. The project site, and areas west and south of the project, are currently characterized by vacant and undeveloped land with scattered, low-lying desert vegetation. The areas north and east of the project consist of developed commercial uses. The paved roadway, Monterey Avenue, delineates the project’s eastern boundary. The approximately 35-acre project property, and areas north, west, and south of the site are currently located within the Monterey Specific Plan (MSP) area, which encompasses 320 acres and proposed a variety of land uses including commercial, retail, and residential. The project proposes a Specific Plan Amendment (SPA) and a General Plan and Zoning Map Amendment (GPZMA) in order to rezone the 35-acre project from Community Commercial (C-C) to C-C and Mixed Use (M-U).

According to CAL FIRE’s Fire Hazard Severity Zones (FHSZ) in State Responsibility Areas (SRA) Map, the project site is not located in an SRA or located in an area classified as very high fire hazard severity zone. Per CAL FIRE’s map, the project property is located in a (incorporated) Local Responsibility Area (LRA). The project is not located in or near state responsibility areas or lands classified as very high, high or moderate fire hazard severity zones, therefore, no impacts are anticipated.

Wildfire risk is related to a number of parameters, including fuel loading (vegetation), fire weather (winds, temperatures, humidity levels and fuel moisture contents), and topography (degree of slope). Steep slopes contribute to fire hazards by intensifying the effects of wind and making fire suppression difficult. Fuels such as grass are highly flammable because they have a high surface area to mass ratio and require less heat to reach the ignition point. According to the Riverside County General Plan, 8-217

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wildfire susceptibility is moderate to low in the valley and desert regions on the western and eastern sides of the Salton Sea. Methods in which developments address wildland fires hazards includes establishing setbacks that buffer development from hazard areas, maintaining brush clearance to reduce potential fuel, use of low fuel landscaping, and use of fire-resistant building techniques.

As previously stated, the project property is located in an urban and developed area of the City. Thick vegetation, which acts as wildfire fuel, does not occur in areas adjacent to the project. Additionally, the project is not located adjacent to steep slopes. The closest slope to the project is occurs approximately 3.25 miles north of the project, at the Indio Hills. However, the Indio Hills do not provide an environment conducive to wildfires because of the sparce vegetation that occurs on the slopes.

Therefore, a wildfire is not expected to occur in the City and at the project site. The project site will be developed to the most current California building standards and fire code. As a result, the project site is not expected to expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire.

The project will connect to existing water and sewer infrastructure located along Monterey Avenue. The proposed infrastructure would allow for a decrease of fire risk during operation of the project. The development of this infrastructure will not exacerbate fire risk or result in short- or long-term impacts to the environment. The project site will be connecting to an existing network of streets. The project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The project is not expected to require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment.

Landslides include rockfalls, deep slope failure, and shallow slope failure. Factors such as the geological conditions, drainage, slope, vegetation, and others affect the potential for landslides. One of the most common causes of landslides is construction activity that is associated with road building. The site is located on flat ground and, as previously stated, the closest slope to the project is located approximately 3.25 miles northeast; therefore, risks associated with slope instability are not significant.

As a result, the project is not expected to expose people or structures to significant risks including downslope or downstream flooding or landslides, due to runoff, post- fire slope instability, or drainage changes. Overall, less than significant impacts are anticipated.

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21. MANDATORY FINDINGS OF

SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
a) Does the project have the
potential to degrade the quality of
the environment, substantially
reduce the habitat of a fish or
wildlife species, cause a fish or
wildlife population to drop below
self-sustaining levels, threaten to
eliminate a plant or animal
community, reduce the number or
restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history
or prehistory?

b) Does the project have impacts
that are individually limited, but
cumulatively considerable?
("Cumulatively considerable" means
that the incremental effects of a
project are considerable when
viewed in connection with the
effects of past projects, the effects
of other current projects, and the
effects of probable future projects)?

c) Does the project have
environmental effects, which will
cause substantial adverse effects
on human beings, either directly or
indirectly?

Setting:

Environmental topics 1 through 20 analyzed the proposed project’s impacts to the local and regional area. Due to the undeveloped character of the project, this environmental document determined that impacts would result in no impact, less than significant impacts, and less than significant impacts with mitigation incorporated. Impacts of the project would not result in potentially significant impacts. Further determinations regarding the project’s impacts and its cumulative impact is discussed below.

Discussion of Impacts:
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a) Less than Significant Impact. As concluded in the Biological and Cultural Resources sections of this document, the proposed project would result in no impacts, less than significant impacts, or less than significant impacts to these resources with the implementation of mitigation. The project is compatible with the City of Rancho Mirage General Plan and Zoning with the approval of the General Plan Zoning Map Amendment (GPZMA) and its surroundings. The project will not significantly degrade the overall quality of the region’s environment, or substantially reduce the habitat of a wildlife species, case a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods or California history or prehistory. Based upon the information and mitigation measures provided within this Initial Study, approval and implementation of the project is not expected to substantially alter or degrade the quality of the environment, including biological, cultural or historical resources.

b) Less than Significant Impact. The proposed project and its location are found to be adequate and consistent with existing federal, State and local policies and is a consistent land use with the City of Rancho Mirage General Plan and Zoning with the approval of the General Plan Zoning Map Amendment. The project would develop a mixed-use project that would allow for the development of residential uses adjacent to commercial uses, therefore, reducing potential VMTs. The project would not result in employment and/or population growth that is not already anticipated by the City. The project’s incremental effects are not conservable when viewed in connection with other projects.

Approval and implementation of the proposed project will result in less than significant impacts related to cumulatively considerable impacts.

c) Less than Significant Impact. The proposed project will not result in impacts related to environmental effects that will cause substantial adverse effects on human beings. The project has been designed to comply with established design guidelines and current building standards. The City’s review process will ensure that applicable guidelines are being followed. Based upon the findings provided in this document, and mitigation measures and standard conditions incorporated into the project, less than significant impacts are expected.

Mitigation Measures:
a) See Biological Resources and Cultural Resources Sections.

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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 187

Table 1: Mitigation Monitoring and Reporting Program
Mitigation Measure Responsible
Agency Timing
Verification
(Date and
Initials)

AESTHETICS

N/A N/A N/A

AGRICULTURAL RESOURCES

N/A N/A N/A

AIR QUALITY

N/A N/A N/A

BIOLOGICAL RESOURCES
BR-1: Prior to construction and
issuance of any grading permit, the
City of Rancho Mirage shall ensure
compliance with the CVMSHCP and its
associated Implementing Agreement
and shall ensure that payment of the
CVMSHCP Local Development
Mitigation Fee for the proposed
Project is sent to the Coachella Valley
Conservation Commission.

Project Developer

Rancho Mirage

Coachella Valley
Conservation
Commission
Prior to
construction
and issuance
of grading
permit

BR-2: The project proponent shall
ensure that burrowing owl clearance
survey is performed not more than 14
days prior to project site disturbance
(clearing, grubbing, grading,
construction). If any owls are
identified, the most current protocol
established by the California
Department of Fish and Wildlife
(Burrowing Owl Mitigation) must be
followed. It is also recommended that
a survey take place 24 hours prior to
ground disturbance as burrowing
owls may colonize or recolonize the
site within the time between the
original survey and project activities.

Project Developer

Rancho Mirage

Qualified Biologist
Not more
than 14 day
prior to
project
disturbance
and 24
hours prior
to ground
disturbance

BR-3: The project proponent shall
ensure that a breeding survey for the
loggerhead Shrike is performed if
ground disturbance (clearing,
grubbing, grading, and construction)
occurs between February 15th and
June 1st.

Project Developer

Rancho Mirage

Qualified Biologist
14 days
prior to any
construction
activities
planned
between Feb
15 - June 1
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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 188

CULTURAL RESOURCES
CUL-1: If any buried cultural materials
are encountered during earth-moving
operations associated with the project
all work within 50 feet of the
discovery should be halted or diverted
until the qualified archaeologist can
evaluate the nature and significance of
the finds.

Project Developer

Rancho Mirage

Qualified
Archaeologist
During
Earth-
Moving

ENERGY RESOURCES

N/A N/A N/A

GEOLOGY AND SOILS
GEO-1: If during the course of grading
or construction, artifacts or other
paleontological resources are
discovered, all grading onsite shall be
halted and the applicant shall
immediately notify the City Planner. A
qualified paleontologist shall be called
to the site, at the cost of the applicant,
to identify the resource and
recommend mitigation if the resource
is significant.

Project Developer

Rancho Mirage
City Planner

Qualified
Paleontologist
During
grading or
construction

GREENHOUSE GAS EMISSIONS

N/A N/A N/A

HAZARDS AND HAZARDOUS MATERIALS

N/A N/A N/A

HYDROLOGY AND WATER QUALITY

N/A N/A N/A

LAND USE AND PLANNING

N/A N/A N/A

MINERAL RESOURCES

N/A N/A N/A
NOISE

N/A N/A N/A

POPULATION AND HOUSING

N/A N/A N/A

PUBLIC SERVICES

N/A N/A N/A

RECREATION

N/A N/A N/A

TRANSPORTATION/TRAFFIC
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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 189

N/A N/A N/A

TRIBAL CULTURAL RESOURCES
TCR-1: Prior to the commencement of
ground disturbance, an approved
Agua Caliente Tribal Cultural
Resources Monitor shall be present on
site during any ground disturbing
activities. Should buried cultural
deposits be encountered, the monitor
may request that destructive
construction halt and the monitor
shall notify a qualified archaeologist
to investigate and, if necessary,
prepare a mitigation plan for
submission to the State Historic
Preservation Office and the Agua
Caliente Tribal Historic Preservation
Office.

Project Developer

Rancho Mirage

Agua Caliente
Tribal Cultural
Resources Monitor

Qualified
Archaeologist
Prior to
ground
disturbance

UTILITIES AND SERVICE SYSTEMS

N/A N/A N/A

WILDFIRE

N/A N/A N/A
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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 190

Chapter 3: REFERENCES

Air Quality, Global Climate Change, and Energy Impact Analysis, Ganddini Group Inc.

November 2020.

Analysis of the Coachella Valley PM10 Redesignation Request and Maintenance Plan, by the California Air Resources Board, February 2010.

CAL FIRE High Fire Severity Zone Maps.

California Emissions Estimator Model (CalEEMod), Version 2020.4.0.

California Greenhouse Gas Emissions for 2000 to 2017, Trends of Emissions and Other Indicators, 2019 Edition, California Air Resources Board.

City of Rancho Mirage Fire and Police Department Website.

City of Rancho Mirage 2017 General Plan Update.

City of Rancho Mirage Municipal Code.

Coachella Valley Water District, 2015 Urban Water Management Plan, Final Report, July 2016
PSUSD Fee Justification Study.

Enforcement and Compliance Fault Zoning Act, California Department of Conservation.

Enforcement and Compliance History Online, EPA.

EnviroStor, Department of Toxic Substances Control.

Farmland Mapping and Monitoring Program, California Department of Conservation.

Final 2016 Air Quality Management Plan (AQMP), by SCAQMD, March 2017.

Final 2003 Coachella Valley PM10 State Implementation Plan (CVSIP), by SCAQMD, August 2003.

Flood Insurance Rate Map # 06065C2206G, Federal Emergency Management Agency, Effective August 28, 2008.

General Biological Resources Assessment and CVMSHCP Consistency Analysis, James W.

Cornett Ecological Consultants, September 2021.

GeoTracker, State Water Resources Control Board.

Historical/Archaeological Resources Survey Report, CRM Tech, April 2022.

Mineral Land Classification Map, Riverside County, 2007.

Noise and Vibration Impact Analysis, Urban Crossroads, Inc., May 2022. 2017 Rancho Mirage General Plan EIR Addendum
Rancho Monterey Specific Plan Draft Transportation Impact Assessment, Fehr and Peers, March 2022.

Rancho Monterey Specific Plan VMT Screening Assessment, Fehr and Peers, August 2021. 8-224

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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 191

Rancho Monterey Section 30 Specific Plan Roadway Capacity Assessment, Fehr and Peers, November 2021.

Release No. 18-37 & 19-35, California Air Resources Board Press Release, July 2018 and August 2019.

Riverside County General Plan, Safety Element, 2016; Riverside County General Plan Geotechnical Report 2000.

Water Quality Control Plan for the Colorado River Basin Region, January 2019.

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Initial Study/Mitigated Negative Declaration
January 5, 2023

City of Rancho Mirage 192

APPENDICES:

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CITY OF RANCHO MIRAGE
69-825 Highway 111
Rancho Mirage, CA 92270
Phone: 760.328.2266

APPENDIX FOR THE

RANCHO MONTEREY SPECIFIC PLAN AMENDMENT

MITIGATED NEGATIVE DECLARATION

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APPENDIX A:

General Biological Resources Assessment and CVMSHCP
Consistency Analysis, Rancho Monterey Specific Plan Amendment James W. Cornett Ecological Consultants
September 2021

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GENERAL BIOLOGICAL

RESOURCES ASSESSMENT
and

CVMSHCP CONSISTENCY ANALYSIS

Rancho Monterey
Specific Plan Amendment

Located Within
SECTION 30, TOWNSHIP 4 SOUTH, RANGE 6 EAST
(APNs 685-090-002, 685-090-003, 685-090-005,
685-090-006 and 685-090-007)
Rancho Mirage, Riverside County, California

Prepared For:

Mr. Brian Tracy
Retail Net Lease Properties, Inc.
74998 Country Club Drive, Suite 220-345
Palm Desert, CA 92260SA Consultants, Inc.

Field Study and Report Completed By:

JAMES W. CORNETT
Ecological Consultants
P.O. Box 846
Palm Springs, California 92263
(760) 320-8135

September 9, 2021

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CONTENTS

Executive Summary . . . . . . . . . . . . . . . . . . . . . . . 3

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Figure 1, Regional Location Map . . . . . . . . . . . . 5

Figure 2, Area Location Map . . . . . . . . . . . . . . . . 6

Figure 3, Project Site Location . . . . . . . . . . . . . . . 7

Figures 4-7, Project Site Images . . . . . . . . . . . . . 8

Site and Project Descriptions . . . . . . . . . . . . . . . . 9

Study Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Plant Survey Results . . . . . . . . . . . . . . . . . . . . . . . 13

Animal Survey Results . . . . . . . . . . . . . . . . . . . . 15

Findings and Recommendations . . . . . . . . . . . . . 18

References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Certification Statement . . . . . . . . . . . . . . . . . . . . 22

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Special Status Terms Used in Report . . . . . . . . . . 24

Table 1 - Plant List . . . . . . . . . . . . . . . . . . . . . . . . 25

Table 2 – Animal List . . . . . . . . . . . . . . . . . . . . . . 27

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EXECUTIVE SUMMARY

A proposed 34.8-acre mixed-use development necessitated a biological survey and impact analysis as required by the city of Rancho Mirage and California Environmental Quality Act.

Most sensitive species known to occupy the stabilized shielded sand fields habitat that characterizes the project site are covered under the Coachella Valley Multiple Species Habitat Conservation Plan. Impacts to these species are mitigated by payment of a habitat acquisition fee. The current fee amount is determined by the Coachella Valley Association of Governments.

This report focuses on species and habitats not covered under the Plan.

Desert washes are not a covered habitat under the CVMSHCP. However, no blue-line stream corridors or desert washes were found within the project boundaries. Therefore, no state or federal streambed alteration permits are required.

Casey’s June beetle, a non-covered species and classified as Endangered by the federal government, was not detected. The site is not within the recommended beetle survey area established by the U.S. Fish & Wildlife Service. Therefore, no surveys within, or adjacent to, project boundaries are necessary. The burrowing owl and other migratory bird species are protected under the Migratory Bird Treaty Act and not functionally covered under the Plan. The owl was not detected within or adjacent to the project boundaries. The habitat, however, is suitable and this species could take up residence on site at any time. The California Department of Fish & Wildlife recommends a burrowing owl clearance survey be conducted not more than 14-days prior to grading, grubbing or other site disturbance. The site is not considered a significant resource for any other migratory bird species.

The loggerhead shrike, a California Species of Special Concern, is not covered under the Plan.

Though the shrike was not observed or detected during biological surveys, it could breed and nest in spring in the future. Therefore, it is recommended that a shrike breeding survey be undertaken if ground disturbance is to occur between February 15 and June 15. The burrowing owl clearance survey and shrike breeding survey may be conducted simultaneously.

Though the desert tortoise is a covered species under the CVMSHCP, clearance surveys to relocate tortoises to alternate locations are necessary prior to site disturbance. Focused, protocol- level surveys, however, revealed no evidence of the desert tortoise within the project site and, therefore, no clearance surveys are necessary.

The project site is not within, or immediately adjacent to, a Conservation Area as shown in the CVMSHCP.

Following the implementation of the required and recommended mitigation described in this report, development of the project site is not expected to have significant adverse impacts upon sensitive species or other biological resources on or adjacent to the project site. 8-231

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I. INTRODUCTION

On August 3, 2021, James W. Cornett - Ecological Consultants, was retained by Mr. Brian Tracy of Retail Net Lease Properties, Inc., to conduct a biological survey and analysis on a 34.8-acre site located along Monterey Avenue in the city of Rancho Mirage, Riverside County, California.

The project site lies within Section 30, Township 4 South, Range 6 East, San Bernardino Baseline and Meridian. Assessor parcel numbers within the project boundaries are 685-090-002, 685-090-003, 685-090-005, 685-090-006 and 685-090-007. The regional location is shown in Figure 1, area location in Figure 2 and specific location with project boundaries in Figure 3. Site photographs are shown in Figures 4-7.

This study was included as part of an environmental assessment mandated by the California Environmental Quality Act (CEQA) and the city of Rancho Mirage. The biological survey and impact analysis were designed to ascertain the impacts of development on the biological resources of the project site and immediate vicinity.

Specific purposes of the biological surveys and impact analysis are listed below.

1. Determine the vascular plant and vertebrate animal species that occur on, and immediately adjacent to, the project site.

2. Ascertain the presence of plant or animal species given special status by government agencies. Emphasis is on non-covered species (under the CVMSHCP) that are (1) state or federally listed, (2) candidates for state or federal listing, and (3) state or federally protected species or communities.

3. Ascertain the existence of other significant biotic elements, corridors, or communities.

4. Consider the site’s biological resources as they relate to the CVMSHCP and its Conservation Areas.

5. If necessary and where applicable, recommend measures to mitigate significant adverse impacts of the project on sensitive species and habitats not covered in the Plan but determined to occur within, or adjacent to, the project boundaries. 8-232

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Figure 3. Project Site Location and Boundaries

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II. SITE AND PROJECT DESCRIPTIONS

Climate
The project area lies within the confines of a geographical region known as the Colorado Desert (Jaeger, 1957). As is typical of this subdivision of the Sonoran Desert, annual rainfall averages approximately five inches (National Climatic Center, 2021). Most precipitation falls during the winter and late spring with occasional summer storms accounting for approximately one-fifth the annual total. Winter days are mild, averaging 71 degrees Fahrenheit. Winter nights occasionally drop to near freezing. July brings the hottest temperatures with daytime highs averaging 109 degrees F.

Physical Features

The elevation of the project site is approximately 270 feet above sea level. The only topo- graphical relief consists of sand hummocks that rise from one to three feet above their base. The hummocks have been formed by shrubs that interrupt the flow of sand carrying wind coming from the northwest off the Whitewater River Floodplain. The shrubs reduce wind velocity and result in sand deposits or hummocks on the leeward or easterly side of shrubs. The environment of the project site is included as part of the sand field habitat of the valley floor as described in the Coachella Valley Multiple Species Habitat Conservation Plan.

No naturally occurring springs or permanent aquatic habitats occur in or near the project site. No blue-line stream corridors (streams or dry washes) are shown on U.S. Geological Survey maps for the project site nor are there botanical indicators of such corridors. Thus, there appears to be no need to obtain streambed alteration permits from state or federal governments.

Soil characteristics are uniform over the entire site. Soil is composed of wind-blown alluvium created by historic and persistent air movements from the northwest. This process increased in intensity with the drying out of the Coachella Valley at the close of the Pleistocene epoch ending 10,000 years before present. At the current time residential and commercial developments to the west and north have resulted in some sand stabilization on portions of the site.

Surrounding Lands

The project site and its immediate area are nearly surrounded by residential and commercial (retail outlets) developments including ones to the east, west, north and south. The site and area are nearly an ecological island with little exchange of terrestrial animal species to and from the general area (see Figure 2).

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Monterey Avenue, an often-busy thoroughfare, forms the eastern project site boundary. A shopping mall, anchored by Home Depot, forms the entire northern boundary. A dense residential development lies approximately 1,000 feet south of the site (See Figure 3). Another residential development lies approximately 2,000 feet west of the site boundary.

Existing Impacts

Off-road vehicle tracks were noted in and near the project site.

Two occupied homeless encampments were found near the northern edge of the project site. The southernmost encampment was occupied by a middle-aged man who became seriously agitated as we passed by his dwelling while walking transects. It is strongly advised that the man be approached with extreme caution and only when two or more persons are present.

Refuse was found on approximately 2% of the site area.

Noise from Monterey Avenue was distinctive and distracting during daylight and early evening hours.

Project Description

The project proponent intends to grade the entire site and erect a variety of commercial and residential structures (mixed use).
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III. STUDY METHODS

Prior to the initiation of field work, reviews of the literature and institutional records were conducted to determine the biological resources that might exist within the general area and to determine the possible occurrence of special-status species. Records, collections, websites and/or staff of the University of California at Riverside Herbarium, the Boyd Deep Canyon Desert Research Center and the Coachella Valley Association of Governments were consulted for specific information as to the occurrence of selected species. The California Department of Fish & Game Natural Diversity Database was also consulted.

Field surveys were initiated in August of 2021. Specific dates of biological surveys were August 7, 11, 14, 16, 19, 21, 23, 25 and September 3 and 4, 2021. Night surveys were conducted on the evenings of September 3 and 4, 2021.

Survey dates were in summer when all perennial plant species and resident vertebrate species were likely to be detected. Reducing the likelihood that any species would be detected was the existence of an unusually dry winter in 2020-21. Drought dictates against the germination of ephemeral plant species and reproduction and survival of all animal species. Despite the severe winter drought, it was concluded the phenomenon did not change findings in this report because (1) species have been recorded at other locations in the area and/or (2) there is no historical information available that contradicts the findings and conclusions of the field surveys and literature review.

Surveys were conducted by walking north/south transects at 10-yard intervals through the project site and 100 yards beyond the south and west boundaries. The survey pattern used has been approved by the U.S. Fish & Wildlife Service for determining the presence or absence of the burrowing owl and desert tortoise and represents an intensive survey effort that resulted in no officially listed or federally protected species being overlooked (see Results section). No offsite surveys were conducted to the north of the project site as the area was occupied by a shopping center. No offsite surveys were conducted to the east of the project site due to the presence of Monterey Avenue, a busy thoroughfare that was considered a barrier to significant animal dispersal.

Animal surveys were conducted simultaneously with plant surveys. In addition, twenty live-animal traps (which capture animals unharmed) for large and small mammals were set within the project site for twenty-four-hour periods on September 3 and 4, 2021.

To determine if large animal corridors existed on the project site special attention was given to observing and identifying animal tracks. In addition, sand sifting and smoothing was done in four areas so that tracks would be more prominent and identifiable. Road kills on Monterey Avenue were monitored on all site visits.

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Invertebrate sampling was conducted on the evenings of September 3 and 4, 2021. Two Bioquip Light Traps were used for attracting and live-capturing flying insects and some terrestrial arthropods. Black lights were the attracting mechanism with each trap powered by a 12-volt automobile battery.

Though scientific name changes occur as new discoveries are made in plant and animal taxonomy, the scientific names used in this report are taken from the standard and most available references describing the species found in the desert regions of Southern California—Bruce G.

Rancho Mirage City CouncilJuly 20, 2023

Rancho Mirage City Council
July 20, 2023