CC10 — Rancho Mirage City Council, July 20, 2023

CITY OF R6NCIJO MIRAGffV7��

STAFF REPORT
TO: Mayor and City Council DATE: July 20, 2023
FROM: Pilar Lopez, Senior Planner
SUBJECT: Periodic Review of Development Agreements

SPECIFIC REQUEST OR RECOMMENDATION
The Planning Commission recommends that the City Council:

Find that the subject developers and/or property owners are currently in compliance with the terms and conditions of the following thirteen (13) Development Agreements: Rancho Mirage Self Storage, Westin Vacation Club, One 11 Plaza, Makena (Stonebridge), Del Webb, Ferrari, Carefield Assisted Living, The Residences at Rancho Mirage Country Club, Section 31 Specific Plan, In-N-Out Burger, RM 38 JV, LLC, Porcupine Wellness Center, and Rancho Mirage Auto Center.

JUSTIFICATION OR INFORMATION
Section 17.56.070 of the Rancho Mirage Municipal Code requires the periodic review of Development Agreements (DA) to determine if the subject property owner is performing in good faith in compliance with the terms and conditions of the respective DA.

The following table provides a list of active DAs that require a Periodic Review. In addition, the table also specifies the status of each agreement's current standing.

Active Development Agreements
No.

Project Name
Property Status
Standing

1. Rancho Mirage Self Storage
Project complete
In good standing

2. Westin Vacation Club
Project complete
In good standin

3. One 11 Plaza
Project completed except for
In good standing
Pad B APN: 684-253-007

4. Makena (formerly Stonebridge)
Under Construction — Various
In good standing
permit numbers

5. Del Webb
Under Construction — Various
In good standing
permit numbers
Project complete —

6. Ferrari
MOD21-0043 & DA Amendment
In good standing
DA21-0004

7. Carefield Assisted Living
Stagnant — DA21-0005
In good standing
AGENDA ITEM #

DATE: July 20, 2023 Page 2 of 2
Periodic Review of Development Agreements

JUSTIFICATION OR INFORMATION CONTINUED
8 The Residences at
Stagnant
In good standing
Rancho Mirage Country Club

9. Section 31 Specific Plan
Under construction — Various
In good standing
permit numbers

10. In-N-Out Burger
Project complete
In good standin

11. Tentative Tract Map 36620
Project under review — E2200196
In good standing

12. Porcupine Wellness Center
Under construction
In good standing

13. Rancho Mirage Auto Center
Under construction
In good standing

PLANNING COMMISSION
The Planning Commission reviewed the attached staff report at their regularly scheduled meeting on June 8, 2023. Staff presented highlights of the staff report, and no public comments were provided. After consideration of the staff report and presentation, the Planning Commission made the following motion:

MOVED/SECONDED BY CHANTER /BRYANT TO RECOMMEND THAT THE CITY COUNCIL

FIND THAT THE SUBJECT DEVELOPERS AND/OR PROPERTY OWNERS ARE

CURRENTLY IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE FOLLOWING THIRTEEN (13) DEVELOPMENT AGREEMENTS: RANCHO MIRAGE SELF STORAGE, WESTIN VACATION CLUB, ONE 11 PLAZA, MAKENA (STONEBRIDGE), DEL WEBB,

FERRARI, CAREFIELD ASSISTED LIVING, THE RESIDENCES AT RANCHO MIRAGE COUNTRY CLUB, SECTION 31 SPECIFIC PLAN, IN-N-OUT BURGER, RM 38 JV, LLC, PORCUPINE CREEK WELLNESS CENTER, AND RANCHO MIRAGE AUTO CENTER.

MOTION CARRIED 410.

ATTACHMENT(S):

1. Aerial Photos of Active Development Agreement Sites

2. Courtesy Notices

3. Planning Commission Staff Report dated June 8, 2023

4. Planning Commission Minutes from June 8, 2023
AGENDA ITEM #

ATTACHMENT
Aerial Photos of
Active Development Agreement Sites
3-12

Rancho Mirage Self Storage - Thomas Investments
43375 Rio Del Sol
85-DA-01 - Ordinance No. 314
3-13

Westin Vacation Club - WVC Rancho Mirage
71777 Dinah Shore Drive
DA970002 - Ordinance No. 699
3-14

Del Webb
Pulte Home Corporation & SCC Rancho Mirage Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 -Ordinance No. 1105
3-17

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ATTACHMENT
Courtesy Notices
3-26

COURTESY NOTICE
May 8, 2023
Dicmor Properties
71713 Highway 111
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

Section 17.56.070 of the Rancho Mirage Municipal Code requires the periodic review of Development Agreements (DAs) to determine if the developer is performing in good faith with the terms and conditions of the respective DA.

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

The purpose of this courtesy notice is to inform you of an upcoming meeting whereby the status of your development agreement will be presented to the Planning Commission at their regularly scheduled meeting of Thursday, June 8, 2023, at 2:00 p.m. in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California. The City Council will also be presented with this information on Thursday, July 20, 2022, at 1:00 p.m. in the Council Chamber. Another notice will be sent out if the proposed meeting dates change.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
3-27

One 11 Plaza - Alamo Group
71703, 71713, 71743 Highway 111 and 71650 Sahara Road
DA050001, DAA060001 - Ordinance Nos. 901 & 942
3-28

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COURTESY NOTICE
May 8, 2023
DMB Development, LLC
7600 E. Doubletree Ranch Road STE 250
Scottsdale, Arizona 85258
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
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COURTESY NOTICE
May 8, 2023
Dzida Carey & Steinman
Attn: Jay Steinman, Esq.
3 Park Plaza, Ste 750
Irvine, CA 92614
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(aDRanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ® Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
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COURTESY NOTICE
May 8, 2023
EC Rancho Mirage Holdings Limited Partnership
1910-1177 West Hastings Street
Vancouver B.0 V6E-2K3
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(D.RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ® Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
3-33

The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 - Ordinance No. 1149
2 3-34

COURTESY NOTICE
May 8, 2023
FM 111, LLC
Attn: Tracy Morrow
3120 Airway Ave.

Costa Mesa, CA 92626
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) :328-2266
3-35

COURTESY NOTICE
May 8, 2023
In-N-Out Burgers
Attn: Real Estate Department and Andy Dawson
13752 Francisquito Avenue
Baldwin Park, CA 91706
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 11 '1 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ® (760) 328-2266
3-37

COURTESY NOTICE
May 8, 2023
In-N-Out Burgers
Attn: Real Estate Department and Andy Dawson
13502 Hamburger Lane
Baldwin Park, CA 91706
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 a Rancho Mirage, CA 92270
wwwRanchoMirageCA.gov ® (1760) 328-2266
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COURTESY NOTICE
May 8, 2023
Innovative Automotive Holdings, LLC
Attn: Daniel B. Jessup
67617 East Palm Canyon Drive
Cathedral City, CA 92234
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(a)-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
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May 8, 2023
JLH Rancho Mirage Property LLC
Attn: James Hao
6 Sagebrush Lane
Rolling Hills, CA 90274
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL _RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 s Rancho Mirage, CA 92270
www.RanchoMirageCA.gov o (760) 328-22.66
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COURTESY NOTICE
May 8, 2023
Law Offices of Paul D. Bojic
45110 Club Dr, Ste E
Indian Wells, CA 92210
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(a)-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
3-45

COURTESY NOTICE
May 8, 2023
Law Offices of Ronald Richards & Associates, A.P.C.

P.O. Box 11480
Beverly Hills, CA 90213
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(C)-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov a (760) 328-2266
3-47

The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 -Ordinance No. 1149
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0 3-48
10-39

COURTESY NOTICE
May 8, 2023
Makena (formerly Stonebridge)
P.O. 2457
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL ,RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ® (760) 328-2266
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COURTESY NOTICE
May 8, 2023
Mission Hills Master Association
8801 Vistana Centre Dr, #2
Orlando, FL 32821
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ® (760) 328-2266
3-51

Westin Vacation Club - WVC Rancho Mirage
71777 Dinah Shore Drive
DA970002 - Ordinance No. 699
2 3-52
10-43

COURTESY NOTICE
May 8, 2023
Porcupine Properties, LLC
Attn: Barry T. Mori
101 Ignacio Valley Road, Suite 320
Walnut Creek, CA 94596
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at Pilarl- RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage: CA 92270
www.RanchoMirageCA.gov : (760) 328-2266
3-53

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COURTESY NOTICE
May 8, 2023
Pulte Home Corporation
Attn: Darren Warren
27407 Los Altos, Ste. 400
Mission Viejo, CA 92691
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(a-)-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ® Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
3-55

Del Webb
Pu|!e Home Corporation & SCC Rancho Mirage
Holdings ILP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001-Ordinance No.11O5
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COURTESY NOTICE
May 8, 2023
SCC Rancho Mirage Holding LP
Attn: Robert Pippin
73111 El Paseo, Ste 205
Palm Desert, CA 92260
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 *Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ® (760) 328-2266
3-57

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Del Webb
Pulte Home Corporation & SCC Rancho Mirage
Holdings LP
Northeast Dinah Shore Drive and Los Alamos Road
DA160001 - Ordinance No. 1105
3-58
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76160101

COURTESY NOTICE
May 8, 2023
Rancho Mirage Country Club HOA Board of Directors
Attn: Bill Kingston
38502 Bob Hope Drive
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(cD-RanchoMirapeCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ® Rancho Mirage, CA 92270
www.RanchoMirageCA.gov * (760) 328-2266
3-59

The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
Southeast of Bob Hope Drive and Frank Sinatra Drive
DA18002 -Ordinance No. 1149
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COURTESY NOTICE
May 8, 2023
RM 38 JV, LLC
2001 Wilshire Boulevard Suite 401
Santa Monica, CA 90403
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL _RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 + Rancho Mirage, CA 92270
www.RanchoMirageCA.gov » (760) 328-2266
3-61

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COURTESY NOTICE
May 8, 2023
Sahara Plaza, LLC
Attn: Anthony Caronna
71650 Sahara Road #2
Rancho Mirage, CA 92270
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL(a)-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 s Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
3-63

COURTESY NOTICE
May 8, 2023
Scali Ramussen, PC
Atten: Halbert Ramussen
800 Wilshire Boulevard Suite 800
Los Angeles, CA 90017
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL _RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT'
69-825 Highway 111 ® Rancho Mirage, CA 92270
www.RanchoMirageCA.gov ® (760) 328-2266
3-65

Ferrari at Rancho Mirage - BBB Rancho Mirage, LLC
DA180001 - Ordinance No. 1136
m-

COURTESY NOTICE
May 8, 2023
SH 9 Rancho Mirage
Attn: Steven Barklis
201 Lomas Santa Fe Drive Suite 500
Solana Beach, CA 92075
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov s (760) 328-2266
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COURTESY NOTICE
May 8, 2023
Vicky L. Thomas
22908 Lockness Ave
Torrance, CA 90501
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at PilarL RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 • Rancho Mirage, CA 92270
www.RanchoMirageCA.gov • (760) 328-2266
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May 8, 2023
Westin Vacation Club — WVC Rancho Mirage
9002 San Marcos Court
Orlando, FL 32819
RE: Periodic Review of Development Agreements
To Whom It May Concern:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibit shows the location of the respective project site.

Please do not hesitate to contact me with any questions at Pilarl- (cD-RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 ® Rancho Mirage, CA 92270
www,RanchoMirageCA.gov o (760) 328-2266
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71777 Dinah Shore Drive
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COURTESY NOTICE
May 8, 2023
Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP
Attn: James D. Vaughn, Esq.
4590 E. Thousand Oaks Blvd, Suite 100, Westlake Village, CA 91362 RE: Periodic Review of Development Agreements
Dear Mr. Vaughn:

You have been identified as an owner or representative of property that is subject to a development agreement. The attached exhibits shows the location of the project sites. The purpose of this courtesy notice is to inform you of an upcoming meeting whereby the status of your development agreement will be presented to the Planning Commission at their regularly scheduled meeting of Thursday, June 8, 2023, at 2:00 p.m. in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California. The City Council will also be presented with this information on Thursday, July 20, 2022, at 1:00 p.m. in the Council Chamber. Another notice will be sent out if the proposed meeting dates change.

Please do not hesitate to contact me with any questions at PilarL .RanchoMirageCA.gov or by phone at (760) 328-2266 x208.

Sincerely,
Pilar Lopez
Senior Planner

DEVELOPMENT SERVICES DEPARTMENT
69-825 Highway 111 o Rancho Mirage, CA 92270
www.RanchoMirageCA.gov o (760) 328-2266
3-73

The Residences at Rancho Mirage Country Club
Oasis Ranch, LLC
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ATTACHMENT 3
CITY OF RANCH-0 MIRAGE
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STAFF REPORT
TO: Planning Commission DATE: June 8, 2023
FROM: Pilar Lopez, Senior Planner
SUBJECT: Periodic Review of Development Agreements

SPECIFIC REQUEST OR RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council:

ATTACHMENTS:

1. Aerial Photos of Active Development Agreement Sites

2. Courtesy Notices

AUTHORITY TO REVIEW
Rancho Mirage Municipal Code Chapter 17.26 contains the procedures and requirements for consideration, approval, and administration of Development Agreements. A Development Agreement (DA) is a contract between the City and an applicant for a development project that typically outlines development rights, fees, and other requirements, including provisions to allow the project's entitlement and conditions to be based on the rules and regulations in effect at the time of approval. Development Agreements must be reviewed by the Planning Commission and approved by the City Council. Once approved, each DA is recorded with the Riverside County Clerk's Office.

Section 17.56.070 of the Municipal Code requires the periodic review of Development Agreements to determine if the subject property owner is performing in good faith with the terms and conditions of the respective DA. To comply with this requirement, staff has performed a review of the existing DAs to determine their compliance.

Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 2 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

EXECUTIVE SUMMARY
The following table provides a list of active DAs that require a Periodic Review. In addition, the table also specifies the status of each agreement's current standing.

Active Development Agreements
No.

Project Name
Property Status
Standing

1. Rancho Mirage Self Storage
Project complete
In good standing

2. Westin Vacation Club
Project complete
In good standing

3. One 11 Plaza
Project completed except for
In good standing
Pad B APN: 684-253-007

4. Makena (formerly Stonebridge)
Under Construction —Various
In good standing
ermit numbers

5. Del Webb
Under Construction — Various
In good standing
permit numbers
Project complete —

6. Ferrari
MOD21-0043 & DA Amendment
In good standing
DA21-0004

7. Carefield Assisted Living
Stagnant — DA21-0005
In good standing
8 The Residences at
Stagnant
In good standing
Rancho Mirage Country Club

9. Section 31 Specific Plan
Under construction — Various
In good standing
permit numbers

10. In-N-Out Burger
Project complete
In good standin

11. Tentative Tract Map 36620
Project under review — E2200196
In good standing

12. Porcupine Wellness Center
Under construction
In good standing

13. Rancho Mirage Auto Center
Under construction
In good standing

BACKGROUND AND ANALYSIS

1. Rancho Mirage Self Storage - Thomas Investments (85-DA-01 - Ordinance No. 314) On January 3, 1985, the City Council approved a zone change from PUD-C to C-4 (Heavy Commercial with a Storage Overlay) as well as a development plan permit for a self -storage facility located at 43375 Rio Del Sol Road, the corresponding cases being 84-GPA-46, 84-CZ- 43, and 84-P-198. A DA between Thomas Investments (DBA Rancho Mirage Self Storage) and the City was approved by the City Council on May 2, 1985 and recorded with the County on December 5, 1985. The ±94,400 sq. ft. facility, with RV spaces and a manager's unit, was completed in two phases (1986 and 1989). The DA intended to allow the project to be built in phases and to guarantee that no accessory commercial businesses would be operated from the storage spaces.

Status: As of May 30, 2023, no code violations have been received concerning this existing self - storage facility as the site is being operated in compliance with the terms and provisions of the 1985 agreement. The current property owner is Vicky L. Thomas. The DA is in good standing and since it does not have a defined expiration date or sunset clause, it runs with the land.

Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 3 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

2. Westin Vacation Club - WVC Rancho Mirage (DA970002 - Ordinance No. 699) On February 19, 1998, Signature Resorts entered into a DA with the City to develop 158 vacation ownership units on approximately 20.4 acres of property to the east of the Westin Mission Hills Resort Hotel on Dinah Shore Drive, with the corresponding cases being Conditional Use Permit No. CUP97005 and Tentative Tract Map No. TTM29772. The purpose of the DA was to ensure timely completion of the project and to establish certain Development Impact Fees (DIF) to offset project impacts. The project was required to start by February 2003 and be completed no later than February 2013.

On April 17, 2001, an Operating Memorandum (OM) was executed with the City to assign DA970002 to RM Villas. Under the OM, portions of DA970002 were modified. In addition, the Annual Special Tax per vacation ownership week ("Interval") was established at $25 per Interval sold; furthermore, the OM states that the Annual Special Tax may increase annually by the amount of the CPI increase. The rate for Fiscal Year 2023-24 is $46.32 per week. The vacation ownership units were completed between 2001 and 2004, and the current zoning designation for the site is Resort Hotel (Rs-H). Since the DA does not have a defined expiration date it will continue to run with the land.

Status: As of May 30, 2023, the Finance Division confirms the project is paying all fees as required. No code violations are outstanding on the site at this time as the property is professionally managed and maintained. The DA is in good standing.

3. One 11 Plaza - Alamo Group (DA050001, DAA060001 - Ordinance Nos. 901 & 942) On April 7, 2005, the City Council adopted Ordinance No. 901 approving a DA for a proposed restaurant, retail, and office complex at the southwest corner of Highway 111 and Rancho Las Palmas Drive. The property was subject to Ordinance No. 860, which restricted office uses in the complex to no more than 25% of the total project square footage. On August 4, 2005, the City Council approved Preliminary Development Case No. PDP05009 for the construction of the One 11 Plaza complex and introduced Ordinance No. 908 for the approval of Specific Plan Amendment Case No. SPA05001; said amendment revised Table 5 of the Highway 111 East Specific Plan to allow specialty restaurants in Land Use District #3.

DA050001 (Ordinance No. 901) for PDP05009 established construction timeframes for the project along with other requirements. The executed DA was recorded with the County of Riverside on November 20, 2006. On December 21, 2006, the Council adopted Ordinance No. 942 (DAA060001), amending the DA to allow office uses to exceed 25% of the site in exchange for the payment of in -lieu fees to cover the loss of sales tax revenue (i.e. $2.00/sq. ft.) as required by Section 17.10.014 (Revenue Generating Uses) of the Municipal Code. It was assumed that the upstairs tenant spaces (±8,258 sq. ft.) would attract office uses rather than retail uses.

Status: The project was completed in 2007. The DA does not have a defined expiration date or sunset clause, it will continue to run with the land. As of May 30, 2023, no code violations are currently associated with the site, and the property is being professionally managed and maintained. This project is in compliance with the DA requirements.

Planning Commission Staff Report AGENDA ITEM #

DATE: June 8 2023 2023 Development Agreement Review Page 4 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

4. Makena (formerly Stonebridge) - Stonebridge, Inc. (DA060002 - Ordinance No. 939) On November 16, 2006, the City Council approved the Stonebridge DA along with GPA050001, ZMA05001, TTM 33666, and PDP05014. This project included a zone change from Residential Estate (R-E) to Very Low -Density Residential (R-L-2) in conjunction with the development of 10 single-family dwellings. The project site is located on the east side of John Sinn Road, just south of Country Club Drive, and is 7.7 acres in size. The DA required the residential lots to average at least 25,500 square feet in size. The executed DA was recorded with the County of Riverside on February 15, 2007. On October 4, 2007, the City Council approved the project's final subdivision map; the map was recorded on November 9, 2007. The on and off -site tract improvements were installed in 2007 and 2008 as required by Tract Map 33666. The development plan that was approved with the project's original entitlements expired many years ago, and custom single-family houses are now being designed for each lot. Since the DA does not have a defined expiration date or sunset clause, it will continue to run with the land.

Status: As of May 30, 2023, seven homes have been completed and three homes are under construction within the development. There are no vacant lots within the development. There are no code violations are currently associated with the development. The DA is in good standing.

5. Del Webb - Pulte Home Corporation and SCC Rancho Mirage Holdings Limited Partnership (DA160001 -Ordinance No. 1105)
On October 4, 2016, the City Council approved a pre -annexation and statutory Development Agreement between the City of Rancho Mirage, Pulte Home Corporation, and SCC Rancho Mirage Holdings Limited Partnership for the development of up to 1,200 residential dwelling units on +320 acres of land in Section 24. The term of the DA is 15 years commencing on November 4, 2016. The purpose of the agreement is to ensure the annexation of the project site into the city and to provide the developer with the vested right to develop a planned age -restricted (55+) active adult community consistent with the Tribe -approved Section 24 Specific Plan. The project site was annexed into the City in March 2017, and the City Council approved Preliminary Development Plan Case No. PDP17001 on July 20, 2017, thus entitling the development of the active adult community.

Status: As of May 30, 2023, a total of 962 homes have been and finaled by the Planning Division and 67 homes are currently under construction. At buildout, a total of 1,029 residences will be constructed on the project site. This project is in compliance with the DA requirements and is in good standing.

6. Carefield Assisted Living - Carefield SH Management, LLC (DA21-0005 - Ordinance No. 1193)
On December 20, 2018, the City Council adopted a statutory Development Agreement (DA180003) between the City of Rancho Mirage and Carefield SH Management, LLC for the development of an 84-unit senior assisted living facility that will include parking facilities, recreation areas, and dining facilities. The purpose of this agreement is to memorialize certain Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 5 of I I JUSTIFICATION OR INFORMATION CONTINUED:
development and operational standards for a senior assisted living facility and to establish the framework for payment of an annual in -lieu assessment to help offset costs of certain urgent and emergency services related to the medial and transport needs of the occupants of the proposed assisted living facility since assisted living facilities are known to generate more frequency and a higher volume of medical and transport service calls than other uses typically permitted in the subject zoning district (Office).

On April 7, 2022, the City Council approved an Amended and Restated Development Agreement (DA21-0005) to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018 and to ensure that City will use its best efforts to process and approve in a reasonably timely manner certain documents, applications, plans, and other information necessary for the completion of the above referenced assisted living facility. The Amended and Restated Development Agreement is valid until December 20, 2023, with the option of a potential one year time extension.

Status: As of May 30, 2023, a Final Development Plan has not been submitted to the Planning Division. The developer is interested in moving the project forward; however, the COVID-19 pandemic negatively impacted the senior living market, and with the approved Amended and Restated Development Agreement the developer has more time to work on the final development plans. There are no code violations are currently associated with the site. Based upon the provisions of the DA, staff have determined that the DA is in good standing.

7. Ferrari at Rancho Mirage — BBB Rancho Mirage RE, LLC (DA21-0004- Ordinance No. 1187)
On June 7, 2018, the City Council approved a statutory Development Agreement (DA180001) between the City and FM 111, LLC. The purpose of this agreement was to ensure that the City would use its best efforts to process and approve, in a timely manner, certain development, construction, demolition, use, and other necessary entitlements to allow the applicant to develop the project site for the operation of a Ferrari automobile dealership. Originally the project was envisioned as involving the demolition of several existing buildings in favor of newly constructed buildings that would be used to display, lease, sell and service new and pre -owned Ferrari automobiles. The original DA also established certain operational restrictions due to the close proximity of the subject property to non -gated residential neighborhoods.

In June 2021, the City received a request to amend and restate the Development Agreement to update certain operating and ownership details which have changed since the original Development Agreement was approved in 2018 and to ensure that City will use its best efforts to process and approve the necessary entitlements to allow the applicant to continue developing the project site for the continued operation of a Ferrari automobile dealership. On September 2, 2021, the City Council approved an Amended and Restated Development Agreement (DA21- 0004) which like the original contains such things as maintenance obligations and operational restrictions with regard to the use of public streets. The changes also included updating certain operating and ownership details which have changed since 2018, and to ensure that the City will use its best efforts to process and approve in a timely manner certain entitlements to allow the applicant to develop the project site for the continued operation of a Ferrari dealership.

Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 6 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

In August 2021 a Minor Modification application was submitted for tenant improvements to the existing service building which included upgrades to the building exterior. This application was approved in October 2021 by the Planning Division. Recently on March 2023 the Building Permit associated with these improvements was finaled and the service building is operational.

Status: There are no code violations currently associated with the site. As of May 30, 2023, the project is in good standing according to the provisions set forth in the DA.

8. The Residences at Rancho Mirage Country Club - Oasis Ranch, LLC (DA180002 - Ordinance No. 1149)
On May 2, 2019, the City Council adopted a statutory Development Agreement between the City and Oasis Ranch, LLC for the redevelopment of the property, consisting of approximately 49 acres located at 38500 Bob Hope Drive for a hotel with up to 60 rooms, up to 108 residential condominium units, redesigned 18-hole golf course, and related amenities.

The term of the DA is 15 years commencing on June 1, 2019. The property is currently improved with a golf course, clubhouse, and related facilities. The purpose of this agreement is to provide the developer with the vested right to develop the project consistent with the project entitlements (GPZMA18001, TTM37461, PDP18002), the conditions of approval, and mitigation measures set forth in the adopted Mitigated Negative Declaration adopted by the City Council, and the terms and conditions of the settlement agreement dated August 24, 2016, between Oasis Ranch, LLC, and the Rancho Mirage Country Club Homeowners Association. In addition, the DA describes and permits a for -sale condominium product without restriction on ownership or the number of days per year an owner can occupy the unit. It does, however, specify that any rentals be regulated by the hotel through a rental pool which will make it easier for the City to track and receive Transient Occupancy Tax for short-term rentals.

Status: The DA is active until June 1, 2034. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

9. Section 31 Specific Plan - EC Rancho Mirage Limited Partnership (DA190003 — Ordinance No. 1168)
On January 18, 2020, the City Council approved a statutory Development Agreement between the City and EC Rancho Mirage Holdings Limited Partnership for a 25-year term. The project site's north boundary is along Gerald Ford Drive, the east boundary is Monterey Avenue, the south boundary is Frank Sinatra Drive, and the west boundary is Bob Hope Drive. The purpose of the DA is to establish the plans, land use regulations, development standards, design guidelines, infrastructure requirements, and implementation programs to guide the development of the mixed -use, master -planned community oriented around a multi -use recreational lagoon on 618-acres of vacant land.

The project is subject to the entitlements (SP180001, GPA19001, GPZMA18003, TTM37563, and PDP19004), their conditions of approval, and mitigation measures set forth in the adopted Environmental Impact Report (EIR18001) adopted by the City Council. The DA also establishes credits for License Tax on New Construction and Quimby Requirements. Per the DA, the Grand Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 7 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

Oasis Crystal Lagoon shall be constructed as part of the first phase of development. Other provisions that the DA establishes are that the hotel uses within the project site shall consist only of hotel uses equal or superior to Marriot Shadow Ridge and the Westin Mission Hills. The DA also includes a provision for Supplemental Plan Check and Inspection Services, which will be available to the Developer should they wish to utilize such services, with the developer being required to pay 100% of said services.

Status: As of May 30, 2023, the Public Works Department has various permits issued for rough grading plans and street improvements. On November 4, 2021, the City Council approved the Final Map for Tract Map No. 37856, known as Phase 1A, for the subdivision of 201.89 gross acres into 329 residential lots near the southeast corner of Bob Hope Drive and Gerald Ford Drive. The tract map for Phase 1A was subsequently recorded with Riverside County on December 15, 2021. Tentative Tract Map (TTM) No. 38291 (Case No. TTM22-0001) for Phases 1 B and 1 C to subdivide 70.44 gross acres into 187 residential lots and 4 remainder lots near the southwest corner of Monterey Avenue and Gerald Ford Drive was approved by the City Council on February 16, 2023.

As of May 30, 2023, Final Development Plan applications were submitted to the Planning Division for review and approval for the following: 1) Phase 1A perimeter parkway and walls, 2) Phase 1A interior streetscapes, 3) age -qualified park pavilion in Phase 1A, 4) sales center, 5) Gerald Ford Drive gatehouse, and 6) portions of the lagoon.

Block wall permits for the perimeter walls along a portion of Bob Hope Drive and Gerald Ford Drive were issued on March 21, 2023. Building permits for the sales center, which is currently under construction, were issued on January 18, 2023. The Gerald Ford gatehouse was approved by the Planning Division on May 25, 2023.

Preliminary Development Plan Case No. PDP22-0005 is currently under review to establish master residential design guidelines for single family residences and modify the development review process from discretionary to ministerial if in compliance with the proposed project. The design guidelines will serve as a companion document to the Section 31 Specific Plan by providing additional guidance for single family residential development. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

10. In-N-Out Burger (DA190001 — Ordinance No. 1158)
On January 7, 2021, the City Council approved a statutory Development Agreement between the City and the construction of a 3,885 square foot fast food restaurant with associated drive - through, site improvements, and landscaping. The Development Agreement ensured that the City retained the ability to request reconfiguration of the main access point if any impacts related to public safety arise in the future.

Status: The project was completed in December 2021 and operation began on January 2022.

As of May 30, 2023, there are no code cases for the property. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 8 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

11. Tentative Tract Map 36620 — Palo Verde 37. LLC (DA190002 — Ordinance No. 1172 The Tentative Tract Map 36620 and Mitigated Negative Declaration (Environmental Assessment Case No. EA130006) were originally approved and adopted by the City Council on December 4, 2014, through Resolution No. 2014-56, with an expiration date of December 4, 2016. The project site consists of seven parcels located adjacent to Via Josefina and Via Florencia and is situated entirely within the Section 30 Specific Plan. The project consists of a subdivision of approximately 33.74 acres of vacant land into a gated residential subdivision consisting of 82 single-family lots and other common area lots for related improvements.

The City Council approved two more extensions of time in 2017, extending the term of the tentative map until December 4, 2019. Due to the Coachella Valley Water District's (CVWD) delays with their infrastructure project in this area of the city, the applicant submitted a request for an additional extension in December 2019, which was granted. On June 4, 2020, the City Council approved a Development Agreement for the project via Ordinance 1172. The applicant submitted the first amendment to the Development Agreement (DA21-0003) in April 2021 to extend the project entitlements due to the continued delay to the CVWD infrastructure project that limits development in the area. The Development Agreement also required the installation of certain offsite improvements along Via Josefina, including the undergrounding of overhead utility lines between Via Florencia and Seclude Court (a new proposed street within TTM36620) and the installation of sewer laterals to every lot, house, or building within that same area.

Development Agreement Amendment Case No. DA21-0003 was approved on July 15, 2021 and was limited to a one-year time extension and additional infrastructure improvements.

Status: A Development Agreement Amendment (DA22-0001) was approved by the City Council on October 6, 2022, in order to extend the expiration date by one year. The Public Works Department is currently reviewing the Final Map (E2200196). Based upon the provisions of the DA, staff has determined that the DA is in good standing.

12. Porcupine Creek Wellness Center — Porcupine Properties, LLC (DA200001 — Ordinance No. 1179)
The subject site was initially entitled in 1997 and thereafter constructed as a single-family compound with a multitude of high -end amenities. Since 2011, the property has been extensively remodeled and upgraded to its existing state. The current owner has improved the site by adding additional villas and rehabilitating landscaping and golf course areas. In 2020, the project development submitted an entitlement package to reposition Porcupine Creek as an exclusive retreat with a total of up to 50 studio, single -bedroom, and multi -bedroom units. Proposed upgrades would include up to 27 new keys, and incorporate a modified main house, a new restaurant, dining deck, upgraded spa complex, additional retreat -related facilities, and a rerouted 18-hole golf course.

The City Council approved the project on April 1, 2021, which included Development Agreement Permit Case No. DA200001. The DA ensured that the project developer shall pay the City's Development Impact Fees set forth in Chapter 3.29 of the Municipal Code on all new development square footage at the City's commercial rates in effect as of the date of the ordinance enacting the agreement. Additional provisions included that no new guest facilities or multi -story buildings shall be permitted within a 250-foot-wide buffer from the property lines of Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 9 of 11 JUSTIFICATION OR INFORMATION CONTINUED:
any existing residences in the adjacent Magnesia Falls Cove neighborhood and all construction traffic and deliveries shall be directed to access the project site from Mirage Road to avoid impacts to the Magnesia Falls Cove residential neighborhood. The DA established the project site's main entry, on Dunes View Road, shall be designated strictly for guest access to the Porcupine Creek Wellness Center.

Status: Final Development Plan Case Nos. FDP22-0003 and FDP22-0004 were approved on January 19, 2023, and February 24, 2023, respectively. The entitlements are for the buildout of three back -of -house buildings and sixteen (16) villas. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

13. Rancho Mirage Auto Plaza — Innovative Automotive Holdings, LLC (DA21-0001 — Ordinance 1184)
The Rancho Mirage Auto Plaza Project proposes the construction of three buildings which include a 5,807 square -foot Infiniti dealership, 8,650 square -foot Volvo dealership, a 15,995 square -foot service building, and associated improvements. A Tentative Parcel Map (TPM38003) is proposed to subdivide the existing 25.54-acre property into three parcels. The proposed Tentative Tract Map (TTM38054) will then subdivide Parcel 1 of Tentative Parcel Map 38003 into five (5) additional parcels. The City and project developer entered into a Development Agreement (DA21-0001) to ensure the project and project site were developed, occupied, and used for automotive uses relating to new automobile dealership activities, including new automobile sales, and repair of vehicles and ancillary uses reasonably related and connected to new automobile dealerships. The DA also provided the framework, terms, and conditions relating to a market -rate loan that the project developer received from the City for costs related to the development of one of the automobile dealerships within the project. The project was approved by the City Council on June 3, 2021.

Status: Final Development Plan Case Number FDP21-0005 was approved on various dates for portions of the project site which included the site improvements, Volvo Dealership, Infiniti Dealership, and Service Building between December 2021 to May 2022. Building Permits have been applied for all new buildings on the project site and the Volvo and Service Building Permits are ready to be issued. Based upon the provisions of the DA, staff has determined that the DA is in good standing.

ENVIRONMENTAL DETERMINATION
Environmental analyses were completed during the review and approval of the various development agreements. As this is a periodic review by the City of the existing agreements, no changes to the original environmental assessments are being proposed or considered. In some cases, the project that is tied to the DA is completed, meaning this review is only to determine if violations exist that may need to be flagged and corrected and whether all obligations of the developers are current. Based on the information and research in this review, no further environmental analysis is required by CEQA pursuant to Section 15306 (Class 6 — Information Collection).

NOTICING
Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 10 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

As a courtesy, staff has mailed notice on May 8, 2023, to all affected property owners and/or developers informing them of the meeting and periodic review. The property owners and their legal representatives that were mailed notices are listed below:

1. Vicky L. Thomas, 22908 Lockness Ave, Torrance, CA 90501

2. WVC Rancho Mirage Inc., 9002 San Marco Ct, Orlando, Florida 32819

3. Mission Hills Master Association, 8801 Vistana Centre Dr, #2, Orlando, FL 32821

4. JLH Rancho Mirage Property LLC, 6 Sagebrush Ln, Rolling Hills, CA 90274

5. Sahara Plaza, 71650 Sahara Road, #2, Rancho Mirage, CA 92270

6. Dicmor Prop, 71713 Highway 111, Rancho Mirage, CA 92270

7. Stonebridge Venture LLC, 15 Corporate Plaza Dr, Ste 200, Newport Beach, CA 92660

8. Pulte Home Corporation, 27401 Los Altos, Ste 400, Mission Viejo, CA 92691

9. Stowell, Zeilenga, Ruth, Vaughn & Treiger LLP c/o James D. Vaughn, Esq., 4590 E.

Thousand Oaks Blvd, Suite 100, Westlake Village, CA 91362

10. SCC Rancho Mirage Holdings Limited Partnership c/o Robert Pippin, 73111 El Paseo, Ste 205, Palm Desert, CA 92260

11. Dzida, Carey & Steinman c/o Jay Steinman, Esq., 3 Park Plaza, Ste 750, Irvine, CA 92614

12. FM 111, LLC c/o Tracy Morrow, 3120 Airway Ave, Costa Mesa, CA 92626

13. Law Offices of Paul D. Bojic, 45110 Club Dr, Ste E, Indian Wells, CA 92210

14. Carefield Solana, LLC, 201 Lomas Santa Fe Dr, #500, Solana Beach, CA 92075

15. Law Offices of Ronald Richards & Associates, A.P.C., P.O. Box 11480, Beverly Hills, CA 90213

16. Rancho Mirage Country Club HOA Board of Directors, c/o Bill Kingston, 38502 Bob Hope Dr, Rancho Mirage, CA 92270

17. EC Rancho Mirage Limited Partnership 1910-1177 West Hastings Street, Vancouver, B.C. V6E-2K3

18. DMB Development, LLC 7600 E. Doubletree Ranch Road STE 250 Scottsdale, Arizona 85258

19.In-N-Out Burgers c/o Real Estate Department and Andy Dawson, 13752 Francisquito Avenue, Baldwin Park, CA 91706

20.In-N-Out Burgers c/o Real Estate Department and Andy Dawson, 13502 Hamburger Lane, Baldwin Park, CA 91706

21. Porcupine Properties, LLC c/o Barry T. Mori 101 Ignacio Valley Road, Suite 320, Walnut Creek, CA 94596

22. Fromberg Edelstein & Fromberg c/o Mark W. Edelstein, Esq. 2825 E. Tahquitz Canyon Way Suite D-1, Palm Springs, CA 92262
Planning Commission Staff Report AGENDA ITEM #

DATE: June 8, 2023 2023 Development Agreement Review Page 11 of 11 JUSTIFICATION OR INFORMATION CONTINUED:

FINDINGS
2023 Annual Development Agreement Review

1. The various development agreements are in good standing as development has occurred on many of the sites through approval of a Preliminary Development Plan (PDP), Conditional Use Permit (CUP), Single -Family Permit (SFP), or Minor Modification (MOD) application; and

2. The adopted development agreements are in compliance with the Municipal Code and General Plan; and

3. The various development agreements have complied in good faith with the terms or conditions of their respective agreements and that they are in good standing and/or current; and

4. The sites, as developed, are physically suitable for the type and density/intensity of development and are consistent and compatible with surrounding properties; and

5. The existing development agreements have been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and are deemed exempt from CEQA under Section 15306 (Class 6 — Information Collection).

Planning Commission Staff Report AGENDA ITEM #

ATTACHMENT

CITY OF RANCHO MIRAGE

PLANNING COMMISSION MEETING
THURSDAY, JUNE 8, 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 Agostini.
b) Roll Call: Roll Call: Agostini, Bryant, Chanter, Curran, Grey.

Present: Agostini, Bryant, Chanter, Grey.

Absent: Curran.

MOVED/SECONDED BY AGOSTINI/CHANTER TO EXCUSE COMMISSIONER CURRAN'S ABSENCE. MOTION CARRIED 4/0.

COMMISSIONER COMMENTS
Commissioner Bryant commented about the celebration that Council Member Weill hosted to celebrate and recognize law enforcement and fire department personnel for making Rancho Mirage a safe city.

Vice Chair Grey greeted the audience and expressed his delight in seeing the participants for this meeting's agenda.

NON -AGENDA PUBLIC COMMENTS — None.

APPROVAL OF MINUTES — May 25, 2023, Regular Meeting.

MOVED/SECONDED BY CHANTER/BRYANT TO APPROVE THE MAY 25, 2023, REGULAR PLANNING COMMISSION MEETING MINUTES AS PRESENTED. MOTION CARRIED 4/0.

Ben Torres, Planning Manager, requested Action Item No.2 be heard prior to the Public Hearings, to which there was no objection by the Planning Commission.

NOTE: Item No. 2 was heard prior to consideration of Public Hearings.

PUBLIC HEARINGS

1. Environmental Assessment Case No. EA22-0020 and Preliminary Development Plan Case No. PDP22-0005 — Cotino Residential Design Guidelines. Applicant: DMB 6/8/2023 Planning Commission Regular Meeting Minutes

Page 1 of 5 ends

Development LLC on behalf of ECRM Residential. Consideration to establish master residential design guidelines for detached single-family residences and modify the development review process from discretionary to ministerial if in compliance with the proposed project. The design guidelines will serve as a companion document to the Section 31 Specific Plan by providing additional guidance for detached single-family residential development within the Section 31 Specific Plan area, which is comprised of approximately 618 acres. The Section 31 Specific Plan area is bounded by Gerald Ford Drive to the north, Monterey Avenue to the east, Frank Sinatra Drive to the south, and Bob Hope Drive to the west.
a. Consider the recommendation for the City Council to find Preliminary Development Plan Case No. PDP22-0005 exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15162 (Subsequent EIRs and Negative Declarations); and,
b. Consider the recommendation for the City Council to adopt Resolution No. [next in line] approving Preliminary Development Plan Case No. PDP22-0005, subject to the conditions of approval and based on the content and findings in the staff report.

Joy Tsai, Senior Planner, presented the staff report.

PUBLIC COMMENTS —
Stephen Friscia, a 25-year resident of Victoria Falls and 11-year full-time Rancho Mirage resident, spoke in favor of the project. He commented on his expectations of the master developer and City and thanked the Commission for their consideration.

Omar Cobian, member and representative for the Southwest Regional Council of Carpenters Union, stated that the city should require the project to be built by contractors that pay a good living wage, prevailing wage preferably, and utilize state certified apprenticeship programs.

Brad Anderson, Rancho Mirage resident, commented that he would like to have some more details concerning the designs of the pools and landscape plans.

COMMISSIONER COMMENTS —
Commissioner Chanter commented that it appears to be a very attractive project and complimented the diversity of and variety of the homes and lot types. She stated that she appreciated the fact that there was an emphasis on sustainability in the design and in the landscaping. The features will emphasize environmental stewardship. Commissioner Chanter inquired about guest parking in the high -density residential areas and requested clarification on the main entrance for the project on the commercial side.

Ms. Tsai addressed Commissioner Chanter's parking and site circulation questions and noted the approved entrances per the Specific Plan.

Commissioner Agostini expressed his admiration for the project and its use of conservation and prohibition of live turf in the front yards. He inquired about private pools. 6/8/2023 Planning Commission Regular Meeting Minutes Page 2 of 5 ......... ............................. ... _...... ._

Ms. Tsai stated that private pools would be a homeowner decision. She also added that the Specific Plan permits the use of live turf only in very limited areas for active recreational use, such as in community parks.

Commissioner Bryant stated that the master -planned community is the most significant development in the Coachella Valley since the mid-80s. He recognized the efforts to further California's initiatives to increase housing supply. Commissioner Bryant inquired if the recommendations and changes that the Architectural Review Board (ARB) recommended were incorporated into what the Commissioners were reviewing.

Majna Dukic, Director of Development Services, answered Commissioner Bryant question about the ARB comments and that the Board Members' comments were included under Condition of Approval #10.

Commissioner Bryant inquired about the number of hotel keys permitted under the Specific Plan.

Ms. Dukic responded to Commissioner Bryant and noted that no applications for hotel development have been submitted to the City, but that the Specific Plan allows up to 400 keys.

Commissioner Bryant asked about the total number of units for the hotel and condo units. He inquired whether the 1,932 permitted units included the hotel keys or not.

Ms. Dukic clarified that the 1,932 units permitted did not include the hotel units.

Commissioner Bryant asked a question about the entrance and traffic congestion to the site under the Specific Plan.

Ms. Tsai answered Commissioner Bryant question regarding entrances to the site addressing the traffic concerns. She clarified that subdivision applications are routed to public agencies, including emergency services, for comments.

Commissioner Bryant asked a question about the two-story homes within the development.

Ms. Tsai answered Commissioner Bryant's question, stating that the two-story homes are in accordance with the specific plan, with caveats, which include provisions such as line of sight requirements/studies. She stated that the Specific Plan also limits the use of second story elements for sites that are closer to the higher density zones as opposed to the areas that are not as dense along Bob Hope.

Isaiah Hagerman, City Manager, clarified that the City does not prohibit two-story development, but does require line of sight considerations.

Commissioner Bryant asked if all the residences have two -car garages.

Ms. Dukic confirmed that all residences have two -car garages.

Commissioner Bryant asked questions about overnight parking and street parking. 6/8/2023 Planning Commission Regular Meeting Minutes Page 3 of 5 ............. _ ........ ........

Ms. Dukic answered Commissioner Bryant's questions on parking.

Commissioner Bryant asked about the restrictions on short term rentals and the community's CC&R provisions regarding short term rentals.

Mr. Hagerman confirmed that no short-term rentals will be allowed per the City's ordinance, and the master developer submitted a letter explaining their intent to carry that provision into their CC&Rs.

Chair Grey started his comments by thanking the City Council, former Planning Commissioners, and staff. He added that he read all the material presented along with the public comments and made the observation that there are some comments that address items that have already been considered. He clarified that the proposal being considered currently is a set of residential design guidelines. He agreed with Commissioner Chanter about the environmental stewardship included in the project and thanked the developer for what appears to be a strong effort to incorporate that.

He stated that the decision makers and staff have set the guidelines and the standards in Rancho Mirage to protect the environment, examples include the City's turf rebate program, requirements for low water use planting, incorporating shade and solar control, and more, to create a livable and sustainable environment. He expressed his admiration for the project and stated that it might be one of the most environmentally friendly projects due to it utilizing separate water systems. Having no further comments, he asked for a motion to approve this agenda item.

MOVED/SECONDED BY AGOSTINI/CHANTER TO RECOMMEND THAT THE CITY COUNCIL:
a. FIND PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0005 EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15162 (SUBSEQUENT EIRS AND NEGATIVE DECLARATIONS); AND,
b. ADOPT RESOLUTION NO. [NEXT IN LINE] APPROVING PRELIMINARY DEVELOPMENT PLAN CASE NO. PDP22-0005, SUBJECT TO THE CONDITIONS OF

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

MOTION CARRIED 4/0.

ACTION ITEMS
NOTE: Item No. 2 was heard prior to consideration of Public Hearings.

2. Election of Chairperson and Vice -Chairperson
Ben Torres, Planning Manager, gave an overview of the policy in place regarding chair and vice chair rotation for the Planning Commission.

Commissioner Chanter nominated Commissioner Grey as the next Planning Commission Chair and Commissioner Agostini as the next Vice Chair. Commissioner Bryant concurred with the recommendation.
6/8/2023 Planning Commission Regular Meeting Minutes

Page 4 ends

PUBLIC COMMENT — None.

MOVED/SECONDED BY CHANTER/BRYANT TO APPOINT COMMISSIONER GREY AS

CHAIR AND COMMISSIONER AGOSTINI AS VICE CHAIR OF THE PLANNING COMMISSION. MOTION CARRIED 4/0.

3. Periodic Review of Development Agreements: Rancho Mirage Self Storage, Westin Vacation Club, One 11 Plaza, Makena (Stonebridge), Del Webb, Ferrari, Carefield Assisted Living, The Residences at Rancho Mirage Country Club, Section 31 Specific Plan, In-N-Out Burger, RM 38 JV, LLC, Porcupine Creek Wellness Center, and Rancho Mirage Auto Center.

Pilar Lopez, Senior Planner, presented the staff report.

PUBLIC COMMENT — None.

COMMISSIONER COMMENTS —
Commissioner Chanter inquired on the status on the Residences at Rancho Mirage Country Club.

Ms. Lopez answered that the developer has not resubmitted an entitlement package. The Development Agreement for the Residences at Rancho Mirage Country Club has a term of 15 years and will expire in 2034.

MOVED/SECONDED BY CHANTER /BRYANT TO RECOMMEND THAT THE CITY COUNCIL

FIND THAT THE SUBJECT DEVELOPERS AND/OR PROPERTY OWNERS ARE CURRENTLY IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE FOLLOWING THIRTEEN (13) DEVELOPMENT AGREEMENTS: RANCHO MIRAGE SELF STORAGE, WESTIN VACATION CLUB, ONE 11 PLAZA, MAKENA (STONEBRIDGE), DEL WEBB, FERRARI, CAREFIELD ASSISTED LIVING, THE RESIDENCES AT RANCHO MIRAGE COUNTRY CLUB, SECTION 31 SPECIFIC PLAN, IN-N-OUT BURGER, RM 38 JV, LLC, PORCUPINE CREEK WELLNESS CENTER, AND RANCHO MIRAGE AUTO CENTER. MOTION CARRIED 4/0.

ADJOURNMENT
With no further business to consider, the Planning Commission meeting was adjourned at

2.51 P.M.

Prepared by: Deanna Mendoza
Development Services Technician
Date Approved by Planning Commission: 6/22/2023
6/8/2023 Planning Commission Regular Meeting Minutes Page 5 of 5

Rancho Mirage City CouncilJuly 20, 2023

Rancho Mirage City Council
July 20, 2023